FILE NUMBER

:

MTA/792/2011

TENDER FOR THE EXECUTION OF EMBELLISHMENT WORKS AT TALBAKKARI, LIMITS OF ZURRIEQ
Date Published: 23rd August 2011 22nd September 2011

Closing Date:

at 10:00am CET

Cost of the Tender Document: €50

Rural Development Programme for Malta 2007 – 2013 Axis 3 – Improving the Quality of Life in Rural Areas Tender part-financed by the European Union Co-financing Rate: 75% European Union, 25% Government of Malta

The European Agricultural Fund for Rural Development: Europe Investing in Rural Areas

IMPORTANT: • No Bid Bond is requested for this tender

Malta Tourism Authority
Auberge d’Italie, Merchants Street, Valletta, VLT 1170

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WORKS TENDER TEMPLATE
Table of Contents
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. Only One Tender Per Tenderer ........................................................................................................ 7 8. Tender Expenses................................................................................................................................. 7 9. Site Inspection..................................................................................................................................... 7 B. TENDER DOCUMENTS.................................................................................... 7 10. Content of Tender Document......................................................................................................... 7 11. Explanations/Clarification Notes Concerning Tender Documents........................................... 8 12. Labour Law ........................................................................................................................................ 8 13. Law...................................................................................................................................................... 8 C. TENDER PREPARATION ................................................................................. 8 14. Language of Tenders........................................................................................................................ 8 15. Presentation of Tenders.................................................................................................................. 8 16. Content of Tender (Single-Envelope System).............................................................................. 9 17. Tender Prices .................................................................................................................................... 9 18. Currencies of Tender and Payments ........................................................................................... 10 19. Period of Validity of Tenders ....................................................................................................... 10 20. Tender Guarantee (Bid Bond) ...................................................................................................... 10 21. Variant Solutions............................................................................................................................. 10 22. Preparation and Signing of Tenders ............................................................................................ 10 D. SUBMISSION OF TENDERS ............................................................................ 11 23. Sealing and Marking of Tenders ................................................................................................... 11 24. Extension of Deadline for Submission of Tenders..................................................................... 11 25. Late Tenders ................................................................................................................................... 11 26. Alterations and Withdrawal of Tenders ..................................................................................... 11 E. OPENING AND EVALUATION OF OFFERS ........................................................... 11 27. Opening of Tenders........................................................................................................................ 11 28. Secrecy of the Procedure.............................................................................................................. 12 29. Clarification of Tenders ................................................................................................................ 12 30. Tender Evaluation Process............................................................................................................ 12 31. Correction of Arithmetical Errors................................................................................................ 13 F. CONTRACT AWARD .................................................................................... 13 32. Criteria for Award .......................................................................................................................... 13 33. Right Of The Central Government Authority To Accept Or Reject Any Tender.................. 13 34. Notification of Award, Contract Clarifications ......................................................................... 14 35. Contract Signing and Performance Guarantee.......................................................................... 14 36. Commencement of Works (Order To Start Works) ................................................................... 15 G. MISCELLANEOUS ....................................................................................... 15 37. Ethics Clauses.................................................................................................................................. 15 38. Data Protection and Freedom of Information ........................................................................... 16 39. Gender Equality .............................................................................................................................. 16 VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 17 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................ 20
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1. Statement on Conditions of Employment .................................................................................... 20 2. Experience as Contractor................................................................................................................ 21 VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 23 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 25 Part XII - Separate packages in tender offer.................................................................................... 25 Part XIII - Appeals.................................................................................................................................. 26 Form 1 - Power of Attorney................................................................................................................. 28 Form 2 - Data on Joint Venture/Consortium (Where applicable) ................................................ 29 Form 3 - Sub-Contracting..................................................................................................................... 30 Form 4 - Quality Assurance System/s ................................................................................................ 31 Form 5 - Workplan and Programme of Works .................................................................................. 32 Form 6 - Graphic Work Schedule ........................................................................................................ 33 VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM ................................................... 34 VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 36 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 37
Article 2: Law and language of the contract............................................................................... 37 Article 3: Order of precedence of contract documents.................................................................. 37 Article 4: Communications .................................................................................................... 37 Article 5: Supervisor and Supervisor's representative .................................................................... 37 Article 8: Supply of Documents .............................................................................................. 37 Article 10: Assistance with Local Regulations ............................................................................. 37 Article 11: The Contractor’s Obligations ................................................................................... 38 Article 13: Performance Guarantee ......................................................................................... 38 Article 14: Insurance ........................................................................................................... 38 Article 15: Performance Programme (Timetable)......................................................................... 38 Article 17: Contractor’s Drawings............................................................................................ 38 Article 18: Tender Prices ...................................................................................................... 38 Article 22: Interference With Traffic........................................................................................ 38 Article 25: Demolished Materials............................................................................................. 38 Article 26: Discoveries ......................................................................................................... 39 Article 31: Commencement Date ............................................................................................ 39 Article 32: Period of Performance ........................................................................................... 39 Article 34: Delays in Execution ............................................................................................... 39 Article 35: Variations and Modifications .................................................................................... 39 Article 40: Inspection and Testing ........................................................................................... 40 Article 42: Ownership of Plants and Materials............................................................................. 40 Article 43: Payments: General Principles .................................................................................. 40 Article 44: Pre-financing ...................................................................................................... 40 Article 45: Retention Monies.................................................................................................. 40 Article 46: Price Revision...................................................................................................... 41 Article 47: Measurement ...................................................................................................... 41 Article 48: Interim Payments ................................................................................................. 41 Article 50: Delayed Payments ................................................................................................ 41 Article 53: End Date ............................................................................................................ 42 Article 56: Partial Acceptance................................................................................................ 42 Article 57: Provisional Acceptance .......................................................................................... 42 Article 58: Maintenance Obligations......................................................................................... 42 Article 66: Dispute Settlement by Litigation............................................................................... 42

VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 43 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE ...................................... 44 VOLUME 3 - TECHNICAL SPECIFICATIONS............................................................. 45 Part 1 – To be specified by the Contracting Authority in the tender document ....................... 45 TECHNICAL SPECIFICATIONS ............................................................................ 46 Part 2 –The Contractor’s Technical Offer ......................................................................................... 71 VOLUME 4 - FINANCIAL BID.............................................................................. 72
(Unit-Price Contracts).......................................................................................................... 72

BILL OF QUANTITIES ..................................................................................... 72 I. Preamble ............................................................................................................................................. 72 II. Terms Relating To Payments.......................................................................................................... 73 III. Pricing ............................................................................................................................................... 73 IV. Completing the bill of quantities ................................................................................................. 73
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V. Description Of Unit Prices .............................................................................................................. 74 Please refer to BoQ in MS Excel format which can be found in the zip file.VOLUME 5 – DRAWINGS .................................................................................................. 74 VOLUME 5 – DRAWINGS .................................................................................. 75 List of drawings attached .................................................................................................................... 75

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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. 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. 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. 1.2 1.3 1.4 This is a call for tenders for the execution of embellishment works at tal-Bakkari limits of Zurrieq. This is a unit price (Bill of Quantities) contract. 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. 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.

1.5

2. Timetable
DATE
Clarification Meeting/Site Visit
(Refer to Clause 9.2)

TIME*

Not applicable 13th September 2011 16th September 2011 22nd September 2011 12.00hrs 12.00hrs 10:00hrs

Deadline for request for any additional information from the Contracting Authority Last date on which additional information are issued by the Contracting Authority Deadline for submission of tenders / Tender Opening Session
(unless otherwise modified in terms of Clause 11.3) * All times Central European Time (CET)

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
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4.1

The project is co-financed by the European Union/Government of Malta, in accordance with the rules of European Agricultural Fund for Rural Development (EAFRD) programme under Axis 3 – Improving the Quality of Life in Rural Areas.

4.2

The beneficiary of the financing is The Malta Tourism Authority.

5. Eligibility
5.1 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. 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. Tenders submitted by companies forming a joint venture/consortium must also fulfil the following requirements: • 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. • 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. 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.

5.2

5.3

6. Selection Criteria
6.1 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. In the case of a joint venture, the joint venture as a whole must satisfy the minimum qualifications required below. 6.1.1 6.1.2 No evidence of economic and financial standing is required. Information about the tenderer's technical capacity. (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 of the tender documents and include: • A list of principal projects effected during the last 3 years (Volume 1, Section 4). 3 years

The minimum number of deliveries of a similar scope/nature completed in the last must be at least 3 in number.

In so listing the end clients, 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. The Evaluation Page 6

Committee reserves the right to request listed. •

additional documentation in respect of the deliveries

Data concerning subcontractors and the percentage of works to be subcontracted. The maximum amount of sub-contracting must not exceed 30% of the total contract value. contract works

The main contractor must have the ability to carry out at least 70% of the by his own means.

7. Only One Tender Per Tenderer
7.1 Submission or participation by a tenderer in more than one tender for a contract will result in the disqualification of all those tenders for that contract in which the party is involved. A company may not tender for a given contract both individually and as a partner in a joint venture/consortium. 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. 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.

7.2

7.3

7.4

8. Tender Expenses
8.1 8.2 The tenderer will bear all costs associated with the preparation and submission of the tender. 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
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.

B. TENDER DOCUMENTS
10. Content of Tender Document
10.1 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 Volume 4 Volume 5 10.2 Technical Specifications Bill of Quantities Drawings

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. 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 Page 7

10.3

no alterations made by the tenderer.

11. Explanations/Clarification Notes Concerning Tender Documents
11.1 Tenderers may submit questions in writing to the Central Government Authority through: • sending an email to patrick.attard@visitmalta.com • online from the Registered Users’ Questions and Answers facility within the tender’s page • through www.mta.com.mt/tenders up to 10 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 Malta Tourism Authority (www.mta.com.mt/tenders). 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. 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.

11.3

12. Labour Law
12.1 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 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
14.1 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. 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.

14.2

15. Presentation of Tenders
15.1 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 Malta Tourism Authority, 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 Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta. (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.

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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: (a) (b) No Bid Bond is required. General/Administrative Information(Note 2) (i) (ii) Proof of Purchase of tender document (receipt) Statement on Conditions of Employment (Volume 1, Section 4)

Selection Criteria (c) Financial and Economic Standing(Note 2) (Not Applicable) (d) Technical Capacity(Note 3) (i) (e) Experience as Contractor

Evaluation Criteria/Technical Specifications(Note 3) (i) (ii) Tenderer’s Technical Offer in response to specifications (Volume 3) Literature/List of Samples

(f)

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/supplies tendered Breakdown of the overall price, in the form provided in Volume 4 (Bill of Quantities); Spare Parts List/After-Sales Services/Maintenance/Training [Any other relevant documentation of a financial nature]

(ii) (iii) (iv) (v)

Notes to Clause 16.1: 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. 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 17.2 17.3 The tender price must cover the whole of the works as described in the tender documents. The tenderer must provide a breakdown of the overall price in Euro (€). Tenderers must quote all components of the price inclusive of taxes, customs and import duties, and any discounts. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been costed. 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. Page 9

17.4

17.5

If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement. For contracts over €500,000, where VAT is not an eligible cost, and whose output VAT is liable to be paid in Malta, such VAT will be paid directly to the VAT Department in Malta by the Final Beneficiary. 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.

17.6

17.7

18. Currencies of Tender and Payments
18.1 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. 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. All correspondence relating to payments, including invoices and interim and final statements, must be submitted as outlined in the contract.

18.2

18.3

19. Period of Validity of Tenders
19.1 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. 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. He is, however, bound to extend the validity of his tender guarantee for the revised period of validity of the tender. The successful tenderer must maintain his tender for a further 60 days from the date of notification of award.

19.2

19.3

20. Tender Guarantee (Bid Bond)
20.1 No tender guarantee (bid bond) is required.

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. The rates and prices inserted in the bill of quantities (if applicable) must tally with the conditions laid down in the tender documents.

21.2

22. Preparation and Signing of Tenders
22.1 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. It is the responsibility of the tenderers to ensure that both the original and the copy are an identical representation of one another. 22.2 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. Page 10

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. 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.

22.4

D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1 The tenders must be submitted in English and deposited in the Malta Tourism Authority’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: EITHER by recorded delivery (official postal/courier service) or hand delivered to: Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta VLT 1170 Malta Tenders submitted by any other means will not be considered. 23.2 23.3 Tenderers must seal the original and the copy of their tender as outlined in Clause 15. 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 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. No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated.

25.2

26. Alterations and Withdrawal of Tenders
26.1 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. 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". 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.

26.2

26.3

E. OPENING AND EVALUATION OF OFFERS
27. Opening of Tenders
27.1 Tenders will be opened in public session on the date and time indicated in the timetable at Clause Page 11

2 (or as otherwise specified in accordance with Clause 11.1 and/or 24.1) at the Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta, VLT 1170 , Malta by the MTA Tender Opening Committee. They will draw up a ‘Summary of Tenders Received’ which will be published on the notice board at the Malta Tourism Authority and shall also be available to view on the MTA’s website, www.mta.com.mt/tenders 27.2 At the tender opening, the tenderers' names, the tender prices, 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 27.4

Envelopes marked "withdrawal" will be read out first and returned to the tenderer. Reductions or alterations to tender prices made by tenderers after submission will not be taken into consideration during the analysis and evaluation of tenders.

28. Secrecy of the Procedure
28.1 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. 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. 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.

28.2

28.3

29. Clarification of Tenders
29.1 When checking and comparing tenders, the evaluation committee may, after obtaining approval from the Departmental Contracts Committee, ask a tenderer to clarify any aspect of his tender. Such requests and the responses to them must be made by e-mail. 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 with Clause 31.

29.2

30. Tender Evaluation Process
30.1 30.2 The following should be read in conjunction with Clause 27. 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. 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. 30.3 Part 2: Eligibility and Selection Compliance Tenders which have been considered administratively compliant shall be evaluated for admissibility as outlined below: (i) Eligibility Criteria • Tender Form (Volume 1, Section 2) Page 12

(ii) Selection Criteria • 30.4 Evidence of technical capacity

Part 3: Technical Compliance 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. Tenders 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.

30.5

Part 4. Financial Evaluation The financial offers for tenders which were not eliminated during the technical evaluation (i.e., those found to be technically compliant) will be evaluated. 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.

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. 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 Departmental 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. When analysing the tender, the evaluation committee will determine the final tender price after adjusting it on the basis of Clause 31.1.

31.2

31.3

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.

33. Right Of The Central Government Authority To Accept Or Reject Any Tender
33.1 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. The Central Government Authority reserves the right to conclude the contract with the successful tenderer within the limits of the funds available. Should the lowest technically compliant tender exceed the available budget, the Central Government Authority reserves the right to consult with the relevant tenderer with a view to reducing the scope of the works or revising other terms of the contract in order to bring the tender price down to a level satisfactory to the Central Government Authority. Such discussions will be finished within ten (10) calendar days of the receipt by the tenderer of the consultation process with the aim of a reduction in the works. In the event of a tender procedure's cancellation, tenderers will be notified by the Central Page 13

33.2

33.3

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. 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
34.1 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). 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. The recommendations of the General Contracts Committee shall be published on the Notice Board of the Malta Tourism Authority, and published online on the website, www.mta.com.mt/tenders

34.2

34.3

35. Contract Signing and Performance Guarantee
35.1 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. 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, the archaeological monitoring 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. 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). 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. Page 14

35.2

35.3

35.4

The tenderer whose tender has been evaluated as second cheapest may be recommended for award, and so on and so forth. 35.5 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. 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. The performance guarantee referred to in the General Conditions is set at 10% of the amount of the contract and the archaeological monitoring guarantee is set at 5,000 Euro. The performance guarantee 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.

35.6

35.7

36. Commencement of Works (Order To Start Works)
36.1 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. The Contractor must inform the Central Government Authority's representative by return that he has received the notice.

36.2

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. 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. 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. 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. 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. 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. 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. The contract governs the Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. Page 15

37.2

37.3

37.4

37.5

37.6

37.7

37.8

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. 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.

37.10

38. Data Protection and Freedom of Information
38.1 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. 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.

38.2

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 mainfest 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 occupation hierarchy are amply proven. In this document words importing one gender shall also include the other gender.

Page 16

VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted) Publication reference: ................................................

Tender for the Execution of Embellishment works at Tal-Bakkari, limits of Zurrieq. <File Reference Number>

A

TENDER SUBMITTED BY Name(s) of tenderer(s) Nationality Proportion of Responsibilities2

Leader 1

Partner 1

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

Value of subcontracting as percentage of the total cost 3

Experience in similar works (details to be specified)

1

2

(.)
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.

B Name

CONTACT PERSON (for this tender) Surname (____) ________________________ Fax (____) ________________________

Telephone Address

............................................................................................................... ............................................................................................................... ...............................................................................................................

E-mail

Page 17

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 [_________/_______] 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. 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: Tender for the execution of embellishment works at Tal-Bakkari, Limits of Zurrieq.

2

3 4 5 6

The total price of our tender (inclusive of duties, VAT, other taxes and any discounts) is € This tender is valid for a period of 150 days from the final date for submission of tenders. If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract value and an archaeological monitoring guarantee as required by the General Conditions. 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 [Lot No]. 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. 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. 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. 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. 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. 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 General Information (Note 2) o Proof of Purchase (Receipt) o Statement on Conditions of Employment Page 18

7

8

9

10

11

(b)

(c)

Selection Criteria (Note 2) Financial and Economic Standing (Note 2) o No Financial and Economic Standing is required. Technical Capacity (Note 3) ● Experience as Contractor Evaluation Criteria/Technical Specifications (Note 3) ● Tenderer’s Technical Offer ● Literature /List of Samples

(d)

(e)

(f)

Tender Form, and Financial Offer/Bill of Quantities (Note 3)
Notes: 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. This is indicated by the symbol ○ 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 ○ No rectification shall be allowed. Only clarifications on the submitted information may be requested. This is indicated by the symbol ●

2.

3. 12

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. 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. _________________________________________ _________________________________________

13

Name and Surname: I.D. / Passport Number:

Signature of tenderer: Duly authorised to sign this tender on behalf of: Company/Lead Partner VAT No: (if applicable) Stamp of the firm/company: Place and date:

_________________________________________

_________________________________________ _________________________________________

_________________________________________ _________________________________________

Page 19

VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS

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. 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.

Signature:

.............................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

.............................................................

Page 20

2. Experience as Contractor
List of contracts of similar nature and extent performed during the past 3 years:
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 Acceptance Issued? • Yes • Not Yet (current contract) • No

(A) Malta

Page 21

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

(B) Abroad

Signature:

....................................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

....................................................................

Page 22

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. Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a lump-sum contract. Central Government Authority: means the Malta Tourism Authority Contracting Authority: means the final beneficiary 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. 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. 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. 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. 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 23

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. 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. 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. 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. 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. Works: Works of a permanent or temporary nature executed under the contract. Written communications: Certificates, notices, orders and instructions issued in writing under the contract.

Page 24

VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS
Part XII - Separate packages in tender offer
The procedure for the submission of separate packages in the tender offer is stipulated in Part XII of the Public Procurement Regulations (Legal Notice 296/2010), reproduced hereunder for ease of reference. (1) Contracting authorities listed in Schedule 1 shall ensure that for all tenders awarded by the open or restricted procedures with an estimated value of over two million euro (€2,000,000) or, at the discretion of the Director of Contracts, on tenders of a lower estimated value or on tenders awarded through the negotiated or competitive dialogue procedures, the tender conditions stipulate that tenders shall only qualify for consideration if they are submitted in separate and sealed packages as follows: (a) Package One: an original and valid tender bond (Bid Bond), duly executed in the form, for the amount and for the validity period stipulated in the official tender document; (b) Package Two: technical specifications including supportive literature, details, designs, samples and any other matter as requested in the tender documents; and (c) Package Three: completed price schedules and, or bills of quantities, form of tender, payment terms or other financial arrangements; any covering letter which may provide other pertinent details of a commercial nature. In the process of adjudicating the tender, the packages for all tenderers shall be opened in public and in the sequence enumerated in the sub-regulation (1). When at any stage, any tenderer fails to comply with the tendering procedural requirements and, or with the specifications, the remaining packages in his tender offer are to be discarded unopened: Provided that the Director of Contracts or, with his authorization, any contracting authority, shall have the right to seek clarifications on points of a technical nature to enable a proper evaluation of any tender, which, however, would at that stage have already been declared to be basically compliant. (3) Any decision leading to the discarding of any tender during any stage of the process is to be given publicity at the office of the contracting authority or at the Department of Contracts as the case may be and the affected tenderer is to be informed of the decision within two working days of its publication. A complaint by the affected tenderer and any person having or having had an interest in obtaining a particular public contract must reach the Review Board within ten calendar days from the date of notification of the decision, which complaint shall be communicated by the Secretary of the Review Board to the Department of Contracts at once. The complaint submitted to the Review Board shall be accompanied by a deposit of 0.5% of the estimated value of the tender as submitted by the tenderer, which deposit shall only be refundable if the Review Board finds in the tenderer’s or other person having or having had an interest in obtaining a particular public contract’s favour: Provided that the deposit shall in no case be less than ten thousand euro (€10,000) or more than fifty-eight thousand euro (€58,000). (5) The review is to be effected by the Public Contracts Review Board before the next stage of the adjudication process is commenced. The procedure to be followed by the Board when carrying out the review shall consist in a complete and detailed re-examination of the reasons brought forward by the adjudication board of any department or contracting authority for the discarding of any particular tender. Page 25

(2)

(4)

(6)

(7)

In fulfilling this obligation the Chairman of the Review Board shall have the right to put appropriate questions to the Head of any department or contracting authority as well as the members of the respective adjudication boards and to have recourse to all pertinent documentation. The Chairman of the Review Board shall also have the right to seek expert advice from outside the department or contracting authority involved. The decision of the Board shall be final and binding on all parties and the award procedure shall proceed in accordance with its decision. Any tenderer or any other person having or having had an interest in obtaining a particular public contract whose complaint under this Part is not upheld shall have the right to have recourse to the procedure for appeals as provided for in Part XIII when the offer reaches the final stage of the award procedure, that is, the opening and the publication of the financial proposals: Provided that any rights granted to tenderers by virtue of regulation 85(6) shall also apply to appeals decided by the Review Board under this Part: Provided further that any tenderers whose complaint have been heard in terms of sub-regulation (4) may request a substitute of the members of the Review Board when appealing in terms of subregulation (10).

(8)

(9)

(10)

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. 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 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. (2) 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; (b) 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; 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; Page 26

(c)

(d)

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.

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 27

Form 1 - Power of Attorney

Please attach here the power of attorney empowering the signatory of the tender and all related documentation.

Signature:

....................................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

....................................................................

Page 28

Form 2 - Data on Joint Venture/Consortium (Where applicable)
1 2 Managing Board’s Contact Details Address: .......................................................... ........................................................... Telephone: ........................ Fax: ........................ Email: ............................................................. 3 Agency in the state of the Contracting Authority, if any (in the case of a Joint Venture/Consortium with a foreign lead partner) Address: .......................................................... ........................................................... Telephone: ........................ Fax: ........................ Email: ............................................................. 4 Names of Partners (i) (ii) (iii) (iv) 5 Name of Lead Partner ........................................................ 6 Agreement governing the formation of the Joint Venture/Consortium (Enclose Joint Venture/ Consortium Agreement) Date of Signature: Place of Signature: .................................................. 7 ................................................... ....................................................... ....................................................... ....................................................... ....................................................... Name .....................................................................

Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each*
* 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

............................................. - .....% ............................................. - .....%

............................................. - .....% ............................................. - .....%

Signature:

.............................................................

(the person or persons authorised to sign on behalf of the tenderer) Date: .............................................................

Page 29

Form 3 - Sub-Contracting

If the tenderer plans to sub-contract part of the works, he must provide the following details: Work intended to be sub-contracted Name and details of sub-contractors Value of sub-contracting as percentage of the total cost * Experience in similar works (details to be specified)

* Note • • The maximum amount of sub-contracting must not exceed [......%] of the total contract value. The main contractor must have the ability to carry out at least [......%] of the contract works by his own means.

Signature:

.............................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

.............................................................

Page 30

Form 4 - Quality Assurance System/s

Please provide hereunder details of the quality assurance system(s) which would be available for ensuring the successful completion of the works. Also, please provide an indication of the technicians, technical bodies or archaeological monitors involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for monitoring works carried out in the vicinity of the archaeological remains on site. (to be typewritten)

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

Signature:

....................................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

....................................................................

Page 31

Form 5 - Workplan and Programme of Works

Please attach the Workplan [and/or] the Programme of Works in relation to this tender.

Signature:

....................................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

....................................................................

Page 32

Form 6 - Graphic Work Schedule

Please attach the Graphic Work Schedule in relation to this tender.

Signature:

....................................................................

(the person or persons authorised to sign on behalf of the tenderer)

Date:

....................................................................

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VOLUME 2 VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM
The project is co-financed by the European Union/Government of Malta, in accordance with the rules of The European Agricultural Fund for Rural Development: Europe Investing in Rural Areas programme. Project: Contract Number: MaltaGoesRural ................................................. [Contract Number]

This contract is concluded between: Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta VLT 1170 Malta (hereinafter called “The Central Government Authority”) on behalf of [name of Contracting Authority and address] on the one part, and [Name of Contractor] [Address] (hereinafter called “The Contractor”) on the other part, Whereas the Central Government Authority is desirous that certain works should be executed by the Contractor, viz.: Execution of Embellishment Works at Tal-Bakkari, Limits of Zurrieq.

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: 1. In this contract words and expressions shall have the meanings assigned to them in the contractual conditions set out below. The following documents shall be deemed to form and be read and construed as part of this contract, in the following order of precedence: (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. 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): €..................................... Page 34

2.

4.

Contract price in words:................................................................. Euro

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. The Contractor hereby agrees to submit an archaeological monitoring guarantee amounting to € 5,000 together with the signed contract.

6.

7

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.

Done in English in three originals: one for the Central Government Authority, one for the Contracting Authority, and one for the Contractor.

Central Government Authority: Signed by: ........................................................... In the capacity of:

Contractor: Signed by: ........................................................... In the capacity of:

........................................................... Being fully authorized by and acting on behalf of ...........................................................

........................................................... Being fully authorized by and acting on behalf of ...........................................................

Date: ....................................................

Date: ....................................................

Page 35

VOLUME 2 SECTION 2 – GENERAL CONDITIONS

The full set of General Conditions for Works Contracts (Version 1.01 dated 15 March 2010) can be viewed/downloaded from:

www.contracts.gov.mt/conditions
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. These general conditions will form an integral part of the contract that will be signed with the successful tenderer/s.

Page 36

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 2.1 2.2 The Laws of Malta shall apply in all matters not covered by the provisions of the contract. The language used shall be English.

Article 3: Order of precedence of contract documents The contract is made up of the following documents, in order of precedence: (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. Addenda have the order of precedence of the document they are modifying.

Article 4: Communications Malta Tourism Authority ‘Auberge d’Italie’, Merchants Street, Valletta, VLT 1170 Malta

Article 5: Supervisor and Supervisor's representative Supervision works will be the responsibility of the Project Manager who will be assisted by the architect.

Article 8: Supply of Documents The Archeologist appointed by the Contractor shall prepare a document outlining the method of detail cleaning of vegetation, excavation and site clearance and submit this report to the of Cultural Heritage and the Heritage Planning Unit within MEPA for their approval. When submitting this document to the relevant Authorities, the Contractor must also submit a copy of this document to the Architect in charge of site and to the Project’s Manager.

Article 10: Assistance with Local Regulations The Contractor is considered responsible to prepare all documentation required to enable any local permits to be obtained on his behalf or on behalf of the Contracting Authority as the case may be. Any application fees will be borne by the Contractor. Page 37

Article 11: The Contractor’s Obligations • As per General Conditions

Article 13: Performance Guarantee 13.1 The Contractor shall, within 15 days of receipt of the contract for signature, furnish the Central Government Authority with a guarantee for the full and proper performance of the contract. The amount of the guarantee shall be 10% of the amount of the contract price, including any amounts stipulated in addenda to the contract. In the case that the value of the contract does not exceed €10,000, no performance guarantee is required. The Contractor shall also within 15days of receipt of the contract for signature furnish the Central Government Authority with an archaeological monitoring guarantee amounting to €5,000. The performance guarantee and the archaeological monitoring 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. The performance guarantee shall be released after the Architect in charge of site issues the letter of completion of works on site in accordance with the scope of works. The Archaeological Monitoring Guarantee shall be released upon the certification of works by the Superintendent of Cultural Heritage and the Heritage Planning Unit within MEPA and the issue by both entities of a compliance certificate.

13.3

13.8

Article 14: Insurance The contractor is bound to take out third party insurance covering at least 100,000 per accident, with the number of occurrences unlimited.

Article 15: Performance Programme (Timetable) This project is part of an EU funded project (MaltaGoesRural – Sustaining Rural Tourism in Malta. The performance related to this tender is expected to take place over four weeks from the commencement date.

Article 17: Contractor’s Drawings The Archeologist appointed by the Contractor shall prepare graphic documentation such as photos, plans, illustrations and other required drawings to fully explain the methodology used in carrying out the works and submit these drawings to the of Cultural Heritage and the Heritage Planning Unit within MEPA for their approval. When submitting this document to the relevant Authorities, the Contractor must also submit a copy of this document to the Architect in charge of site and to the Project’s Manager.

Article 18: Tender Prices As per General Conditions

Article 22: Interference With Traffic The Contractor shall at his own expense obtain the necessary permits / services of traffic wardens if and when required to access the site.

Article 25: Demolished Materials Page 38

25.4

The Contractor shall specify the location of the disposal site of the demolished or excavated material, which has to be licensed in accordance with MEPA requirements.

Article 26: Discoveries 26.2 If any materials / objects are found during the excavation, they become the property of the Contracting Authority. Article 30: Patents and Licences 30.1 As per general conditions Article 31: Commencement Date 31.1 The period of performance of the contract is to commence in 15 days from date of order to start works which order shall be issued by means of an administrative order that will be dispatched by the contracting authority.

Article 32: Period of Performance 32.1 The whole of the works are to be carried out on a period of four weeks commencing from the end of the 15 day period as specified in Article 31.

Article 34: Delays in Execution 34.1 The amount of flat rate compensation due by the contractor for delay shall amount €50 per calendar day up to a maximum sum of total value of €15,500.

Article 35: Variations and Modifications 35.7 Only the Contracting Authority or the Architect in charge of site is authorized to issue variations. These variations are not to exceed 10% of the original contract price and were applicable their cost is to be calculated as follows:

35.8

On the Provisional Rates submitted in the bill of quantities Rates in the Contract shall be used as the basis for valuation At new rates as agreed by the Contracting Authority and the Contractor

After the issue of the instruction for a variation by the Contracting Authority or the Architect in charge of site, the Contractor is to submit for approval an itemized bill of quantities within 5 days from the issue of the instruction. No works shall be carried out unless the bill of quantities submitted is approved by the Contracting Authority or the Architect in charge of site. No claim for a variation will be considered or approved if the procedure in clause 35.8 has not been respected or if the Contractor has carried out the works without seeking approval for the variation works or modification to original the scope of works.

35.9

Article 37: Work Register 37.1 As per general conditions

Article 38: Origin Page 39

38.1

Further to the provisions in the General Conditions, all paving materials must originate in the EU

Article 40: Inspection and Testing 40.2 The Contractor is to inform the Architect in charge of site 48 hours prior to covering any works on site and the Contractor must at all times facilitate access to the site for the Monitor and any other persons assigned to assist him or appointed by the Contracting Authority to supervise the works. The Contracting Authority may establish a separate, independent, confirmatory testing program. Should the Contractor and the Supervisor not agree on the test results, each shall, within 10 days of such disagreement, state his views to the other. The Contractor or the Supervisor may require such tests to be repeated on the same terms and conditions or, if either party so requests, by an expert selected by common consent. All test reports shall be submitted to the Supervisor who shall communicate the results of these tests without delay to the Contractor. The results of the retesting shall be conclusive. The cost of the retesting shall be borne by the Party whose views are proved wrong by the retesting.

Article 42: Ownership of Plants and Materials 42.2 As per general conditions

Article 43: Payments: General Principles 43.1 Payments will be made in Euro.

Payments shall be authorized by the Contracting Authority, and will be made through the Paying Agency within the Ministry for Rural and Resources Affairs (MRRA). Payments will be carried out following measurement of works. Payment Schedule Payment will be made against measurements of works

Interim payments

Up to 90 % of Contract Value

Retention Money 43.3

10% of Contract Value

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 Malta Tourism Authority. The date of the payment shall be the date on which the institution’s account is debited. The payment request shall not be admissible if one or more essential requirements are not met and is subject to certification according to article 48.

Article 44: Pre-financing 44.1 No pre-financing payment will be given

Article 45: Retention Monies 45.2 A 10% retention sum shall be retained based on the value of the works certified on the interim payments certificates which shall be computed as follows: • Works executed to date inclusive of VAT • Less 10% retention sum • Less payments effected to date Upon provisional acceptance, the retention monies shall be released to the contractor upon presentation of a retention guarantee for the full amount of the retention monies which will Page 40

be made valid for the duration of the maintenance period.

Article 46: Price Revision 46.1 46.2 a) As per General Conditions Where prices may be revised under the contract, such revision shall take into account variations in the prices of significant local or external elements which served as a basis for the calculation of the tender price, such as manpower, services, materials and supplies, as well as charges laid down by law or regulation. Prices contained in the Contractor's tender shall be deemed: 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). 46.4 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: 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. 46.5 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.

46.3

Article 47: Measurement 47.2 Measurements of works shall be carried out by the beneficiary’s representatives who shall carry out the said measurements in the company of the quantity surveyor representing the contractor. Measurements shall be taken on a monthly basis as the work progresses. The Contractor shall be bound to inform the Construction Manager beforehand whenever a possibility of a work item concealing a previous work item or items may arise. All measurements of works carried out shall have to be confirmed or otherwise checked by the Construction Manager or the Project Leader. Before concealing any works by subsequent works the Contractor shall ensure through written notification that the Project Leader has taken or confirmed measurements of the works to be concealed.

Article 48: Interim Payments 48.1 Payments shall be issued against certified works according to payment schedule in 43.1.

Article 50: Delayed Payments 50.1 The period quoted in Article 50.1 of the General Conditions may be subject to change according to the particular needs of the Department Page 41

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). 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 This intervention is part of the Malta goes Rural project which is co-financed by EAFRD funding. The Malta goes Rural Project will finish in August 2013 Works as specified in this documents end after four weeks from date of commencement or earlier.

Article 56: Partial Acceptance 56.3 Maintenance period begins on the date the partial acceptance is issued from the Project Manager.

Article 57: Provisional Acceptance Provisional Acceptance shall take place upon completion of the works to the satisfaction of the Contracting Authority. Final Acceptance will take place after the expiry of the Guarantee mentioned in Clause 58 below.

Article 58: Maintenance Obligations 58.6 The contractor shall guarantee the works carried out through this contract and as specified in this tender document are adequately maintained in their restored state for a period of 36 months from date of completion of All works. Any remedial works performed during the guarantee period (until 36 months after completion of ALL works described in this contract) shall be carried out as specified in this document and approved by the Project Leader 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 Government

Article 66: Dispute Settlement by Litigation 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.

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VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta VLT 1170 Malta [Date] Dear Sir, Our Guarantee Number .......................... for €...................... Account: [Account Holder’s Name] 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 File Reference], whereby the contractor undertook the [title of contract] in accordance with Article 13 of the Special Conditions the [works/services/supplies] 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. 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. This document should be returned to us on utilization or expiry or in the event of the 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 or not, and our liability hereunder shall terminate. This guarantee is personal to you, and is not transferable or assignable. Yours Faithfully, ............................................. [Signatory on behalf of Guarantor]

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VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Malta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta VLT 1170 Malta [Date] [Tender Reference] Dear Sir, 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. 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.

Done at ………….., ../../..

Name and first name: …………………………… On behalf of: …………………

Signature: …………….. [stamp of the body providing the guarantee]

Page 44

VOLUME 3 - TECHNICAL SPECIFICATIONS

Part 1 – To be specified by the Contracting Authority in the tender document 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.

Page 45

TECHNICAL SPECIFICATIONS

CONTENTS

1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0

ARCHAEOLOGICAL MONITORING (BOQ Section B) DEMOLITION WORKS (BOQ Section B) EXCAVATION & EARTHWORKS (BOQ Section C) MASONRY PAVING SLABS (BOQ Section D) RUBBLE WALLS (BOQ Section D) HARDSTONE KERBS (BOQ Section D) CONCRETE WORKS (BOQ Section D) STREET FURNITURE (BOQ Section F) HEALTH & SAFETY (BOQ Section A)

10.0 SAFE GUARDING THIRD PARTY PROPERTIES 11.0 LIGHTING INSTALLTION (BOQ Section E)

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1.0

ARCHAEOLOGICAL MONITORING
(BOQ Section B – Site Preparation)

Scope of Works on site The work on site consists of the following: o Detail cleaning of area around the archeological remains. Allied Documents 1.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

General Specifications 1.02 – The works are located in an archaeological site and such works are to be carried out in line with the Cultural Heritage Act 2002 and instructions issued by the Superintendence of Cultural Heritage and the Heritage Planning Unit within the Malta Environment & Planning Authority. 1.03 – The Contractor is to submit an Archaeological Monitoring Guarantee of 5,000 Euro as per clause 35.2 of the contract governing this tender. 1.04 – The Contractor shall engage an independent and qualified archaeologist (hereunder referred to as the Monitor) registered with the Superintendence of Cultural Heritage to carry out all the archaeological monitoring. Works Procedure 1.05 – Before commencement of works under this tender, archaeological field evaluation works are to be carried out on site and a Project Work Schedule compiled. The method of detail cleaning of vegetation, excavation and site clearance outlined in the Project Work Schedule shall be approved in advance of any commencement of works by the Superintendent of Cultural Heritage and the Heritage Planning Unit within MEPA. Any further safeguarding measures which may be required shall be completed to an agreed programme prior to the commencement of works and the project works schedule shall remain subject to the clearance from the Superintendent of Cultural Heritage and the Heritage Planning Unit within MEPA if any archaeological findings are encountered during the works. 1.06 – The Contractor shall inform the Superintendent of Cultural Heritage, the Heritage Planning Unit within MEPA, the appointed Monitor and the Architect in charge of site in writing at least 10 working days before any works commence on site. It is of imperative importance that the Monitor, the Superintendent of Cultural Heritage, the Heritage Planning Unit within MEPA and the Architect in charge of site are informed of the project’s commencement date so that all parties supervising the works can plan ahead the inspections to be carried out. If the Contractor fails to inform the supervising entities of the commencement date he shall become liable of a breach of contract as stated under the contract governing this tender. 1.07 - The Contractor must at all times facilitate access to the site to the Monitor and any other persons assigned to assist him. The Monitor shall liaise closely with, and report on a weekly basis to the Heritage Planning Unit within MEPA and the Superintendence of Cultural Heritage responsible for supervising the works. The Monitor shall produce and submit on a weekly basis to the Superintendent of Cultural Heritage, the Heritage Planning Unit within MEPA and the Architect in charge of site a written report accompanied by the relevant graphic documentation such as photos, plans, illustrations and other required drawings to fully explain the methodology used in carrying out the works. 1.08 – The provisions of the Cultural Heritage Act must be observed at all times. Any in filled fissures (debien) caverns, hollows, Pleistocene deposits or other features of potential geological palaeontological or archaeological interest which are discovered must be reported immediately to the Superintendent of Cultural Heritage, the Heritage Planning Unit within MEPA and the Architect in charge of site and no further works or activity must take place which would disturb these features until the Superintendent of Cultural Heritage, as provided by the Cultural Heritage act, has visited the site so as to accommodate preservation in-situ of the discovered archaeological findings as required by the Structure Plan Policy and the Cultural Heritage Act. Page 47

1.09 – Malta Planning and Environment Authority has imposed a bank guarantee to the value of 5,000 Euro against archaeological monitoring which amount the Malta Tourism Authority will be guaranteeing. This bank guarantee will only be released after a written compliance certificate has been issued and endorsed by the Superintendent of Cultural Heritage and the Heritage Planning Unit within MEPA. If the Contractor shall at any instance infringe any instructions given to him or any recommendations approved in the project work schedule and due to this infringement the bank guarantee imposed by Mepa is retained, the Malta Tourism Authority shall retain the Archaeological Monitoring Guarantee of 5,000 Euro submitted by the Contractor under clause 35.2 of the contract governing this tender. 1.10 – In the event of damage caused to the archaeological remains on site by the Contractor due to non adherence to the project work schedule submitted for approval, the Contractor shall become liable to make good at his own expense any restoration works required by Superintendent of Cultural Heritage or the Heritage Planning Unit within MEPA. 1.11 - The Archaeological Monitoring Guarantee of 5,000 Euro submitted by the Contractor under clause 35.2 of the contract governing this tender, will only be released upon the certification of works by the Superintendent of Cultural Heritage and the Heritage Planning Unit within MEPA.

_______________________________________________________________

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2.0

DEMOLITION WORKS
(BOQ Section B – Site Preparation)

Scope of Works on site The work on site consists of the following: o Taking up existing concrete wall approximate height 0.50m. o Detail cleaning of archaeological remains. o Taking up of stone boulder Allied Documents 2.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

General Specifications 2.02 - The contractor shall visit the site of the project or otherwise make himself familiar with the extent of contract work, the site conditions and restrictions likely to effect the execution of works 2.03 - The works shall be carried out in a workmanlike manner to the satisfaction of the Architect in charge of project and in line with the specifications laid down in this document. 2.04 - All rates are deemed to include all labor and plant required to carry out the works according to specifications laid down in this document. 2.05 - All resulting materials are to be taken away from site to an approved dumping area. All rates are deemed to include costs related to dumping the material to an approved dumping area. 2.06 - No materials are to be left outside the site area and if the nature of the works requires any materials to be left temporarily outside of the site area these are to be covered and contained in appropriate containers such as skips. 2.07 - Where due to the works carried out any machinery or building materials will be obstructing the road and traffic flow adjacent to the site, the contractor shall at his own expense hire the services of traffic wardens and acquire all relevant permits to carry out the works. Site and Perimeter Security 2.08 – The contractor shall ensure that all existing electricity and water services are safely shut-off. 2.09 – Before commencing any demolition or site clearance works the Contractor shall install around the site’s perimeter an adequate safety hoarding to prevent the dispersal of building material and air borne construction dust. Reference should be made to Drawing number 02 for required layout and safety installations on site. 2.10 – The Contractor shall clean the perimeter area of the site daily and when dust levels around the site are deemed by Architect in charge of site to be excessive and are causing disturbance to third parties the Contractor shall at his own expense clean the area with water so as to stabilize the dust around the construction site and prevent it from dispersing in the air. 2.11 – The Contractor must also ensure that the access to the site is securely closed both during working hours and after the termination of the day’s work. 2.12 – The Contractor must also seek and take all necessary actions to be compliant with legislation regarding Construction Site Management. All costs related to securing the site and reducing disturbances to third parties during construction are deemed to be included in the Tender under the Preliminaries Section of the Bill of Quantities. 2.13 - Safe Guarding Third Party Property. (Refer to Section 10.00) Page 49

2.14 – Rectification of Damages. (Refer to Clause 10.03)

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3.0

EXCAVATION AND EARTHWORKS
(BOQ Section C – Excavation Works)

Scope of Works on site The work on site consists of the following: o Excavation in any type of material in formation of trench to accommodate hardstone kerb. o Clearance of surface from loose material up to a depth not exceeding 150mm in formation of pavement. Allied Documents 3.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

General Specifications 3.02 – All excavating equipment used in these works shall cause the least possible vibrations due to the vicinity of the works to archaeological remains on site. The contractor is to seek approval from the Superintendent of Cultural Heritage, the Heritage Planning Unit within Mepa and the Architect in charge of site as per clauses in section 1.0 Archaeological Monitoring. 3.03 - The contractor shall furnish all labor, materials, tools and equipment to complete the works. 3.04 - "Return, fill and ram" shall mean all handling necessary to return the earth, which has previously been excavated and deposited in heap around the foundations. The operation is to be carried out in layers as described, each layer being carefully watered and consolidated by ramming until the excavation has been made good. 3.05 - 'Cart away' shall mean the disposal of the surplus excavation materials away from the site as directed by the Architect to an authorized dumping site. Setting out and Leveling 3.06 - Further to what is stated elsewhere in these documents, the Contractor shall, before commencing any excavation, satisfy himself that any dimensions, setting out and site levels, whether spot or contour, shown on the drawings, are correct. If not satisfied with their accuracy, he should give a written note to the Architect-in-Charge and ask for instructions, as otherwise no claim will be entertained. Grub Up Obstructions etc. 3.07 - Unless otherwise stated in the Schedule, the Contractor is to allow in his tender for breaking up and removing all obstructions met with during the course of the excavation, including old foundations, drains, septic tanks and cesspits, etc. and filling with excavated material well consolidated. 3.08 – In this project no trees are obstructing any of the works to be carried out. However if there are any trees that might obstruct the works these are to be indicated to the Architect in charge of site. No trees shall be uprooted without a written instruction from the Architect in charge of works. Excavation 3.09 - The measurements of all excavations and subsequent disposal are those before excavating and all excavation in this tender shall not exceed depth of 4.00m. The increase in bulk and any extra excavation required for planking and strutting and formwork for concrete, are to be allowed for by the Contractor. 3.10- The Contractor is to allow in his rates for all double handling of excavated material and wheeling and depositing spoil heaps as may be necessary. 3.11 - Excavations for foundations and other substructure will be in accordance with the drawings and requirements of the bearing pressure of the ground. Page 51

3.12 - Bottoms of excavations shall be leveled and thoroughly rammed and consolidated and the Contractor is to allow for this in the tender rates for excavation. 3.13 - 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 similar nature commenced until such excavations have been approved. 3.14 - 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 foundations. Keeping Site Dry 3.15 - The Contractor shall take all necessary measures and shall allow for keeping the Site of Works free of any ground or rain water, and he shall for this purpose: i) Form any drainage channels, whether temporary or permanent, at no extra charge to the Employer, and at positions to be agreed with the Architect-in-Charge. Provide, maintain and run sufficient pumps on site, together with all related equipment, to remove all water from the Site of Works and to discharge this into the public sewer, or into such other location as may be indicated by the Architect-in-Charge, and to remove any silt or debris left by the work. Obtain and maintain any consent necessary in respect of pumping of water as described in (ii) above, and give all notices required and pay any fees due in connection therewith. The Contractor must not, without written permission from the Architect-in-Charge, use any method of keeping the excavation free from water, which involves continuous pumping so as to withdraw water from the foundations of adjoining sites.

ii)

iii)

iv)

Planking and Strutting 3.16 - The Contractor is to allow in his rates for excavation, all necessary planking and strutting. The Contractor is at all times responsible for the safety of the excavations. He is to provide all necessary planking to ensure this. Should any damage result to the excavations or works, the Contractor will be held entirely responsible for any necessary extra works required or needed by virtue of this, and such works will be at his own expense. Reinstatement of Excavation 3.17 - Prior to backfilling, all formwork and support timber shall be removed from the bottom of the excavation. Support timber shall only be removed to a height consistent with preventing collapse of the excavation and shall be progressively withdrawn as filling proceeds. 3.18 - No formwork or support timber shall be abandoned in the excavation without the specific approval of the Architect-in-Charge. Filling and ramming shall be added to make the rock soft and cohesive. 3.19 - All reinstated excavated materials to foundations must be solidly tamped at every 150mm backfill. 3.20 - 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. _________________________________________________________________

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4.0

MASONRY PAVING SLABS
(BOQ Section D – Construction Works)

Scope of Works on site The work on site consists of the following: o Supply and lay franka slabs 100mm thick in formation of pavement. o Application of sealant to finished surface of franka paving slabs. o Supply and spread laying course material under franka slabs. Allied Documents 4.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

Laying Course Material 4.02 – Laying course material should be a naturally occurring sand or crushed rock fines which may be washed or unwashed. This granular material should be such that 90% passes the 5 mm BS sieve. It should contain no more than 3% by weight of clay and silt and the materials should be free from deleterious salts or contaminants. The grading of available material may vary from locality to locality, but the following grading has been found to give satisfactory result. BS Sieve Size Percentage Passing 5mm 2.36mm 1.18mm 60mm 30mm 15mm 90 – 100 75 – 100 55 – 90 35 – 59 0 – 10 0 – 10

Execution 4.03 - The Contractor shall furnish all labour, materials, tools and equipment to complete the works. 4.04 - The laying course should be that, after compaction, it forms a nominally uniform layer not exceeding 50mm thick, below the blocks. The laying course shall be laid as follows: Spreading of the material in a loose uncompacted layer to about the required depth, in this case 50mm Compaction of the layer using a plate vibrator. Spread a further layer of material about 15mm in thickness and screed it to create a loose surface on which the franka paving slabs can be laid

Franka Paving Slabs Materials 4.05 - The franka paving slabs are to be of the dimensions in table 3.09A and laid in the following patterns: TABLE 3.09A Paving Type 500mm x 270mm x 100mm Color Natural Pattern Brick Layout Page 53

4.06 - Only best quality 'franks stone' from approved sources, free from all defects shall be used. Any paving slabs showing blue markings (swaba) an/or any other defects on the exposed face, or whose edges or corners have been chipped, shall be rejected. Should any such stones be used, the Architect-in-Charge will instruct the Contractor to replace such paving slabs and all works shall be carried out at the expense of the Contractor. The Contractor shall also be bound to replace any defective materials in all or parts of the existing works by proper materials and/or workmanship as directed by the Architect-in-Charge. 4.07 - Mortar for grouting is to be composed of one part first quality slaked lime and two parts crushed / soft stone (dust) prepared in bulk with fresh water, well mixed and allowed to mature before use. It shall be further worked up with water in small batches, and cement, in the ratio 1:10 (cement/crushed soft stone fines) shall be added. Laying 4.08 - The levels of any two adjacent blocks should not differ by more than 2mm 4.09 - Full blocks should be laid first, closure units should then be laid; the areas to be laid should be completed in entire block units wherever possible. Infilling to boundaries and obstructions should proceed, as the laying of the surface course proceeds and, in any case, infilling should be complete before compaction commences. The paving blocks should be laid hard tight, working from an existing lying face edge or edge restraint wherever possible. Mechanical force should not be used to obtain tight joints 4.10 – Paving Slabs should be trimmed to shape and size in order to form boundaries and in order to work around obstructions. Where trimming of paving slabs is a necessary, portion of less than a quarter of an entire block should be avoided 4.11 – Paving units should be laid with a joint width typically within the range of 4mm to 6mm. The joint will be influenced by the paving unit shape and the laying pattern. In curved paving laying such as margins, the joint width tolerance is to be between 4mm to 10mm. If the paving pattern cannot achieve the width of the joint required then the paving must be trimmed to form a uniform laid surface. 4.12 - The surface levels of the construction should not deviate from the design levels by more than + / 6mm Additional Work after early trafficking 4.13 - Care should be taken to avoid localized disturbance of the prepared laying course of sand by pedestrian or wheeled traffic prior to placing blocks. The area of the laying course prepared should be such that the position of its boundary is not more than 1m from the position of the laying face at the end of the working day 4.14 – If during the early traffic period any movement of the surface occurs, the units should be removed, the cause established and the area re-laid immediately according to the specifications stated above for laying. Sealant Coating Material 4.15 – On completion of laying the franka slabs a coat of anti porous treatment is to be applied to the exposed surfaces of the paving slabs. The material shall comply with the following requirements: i) Have a transparent finish and shall not alter drastically the natural colour of the franka slabs. ii) Shall be water based. iii) Paint application shall have no emissions of VOC’s (volatile organic compounds) or HAP’s (hazardous air pollutants). iv) Permeates 100% below the surface of the franka slab. v) Lifetime no peel warranty. vi) Contains no silicones or acrylics. vii) Stops water penetration.

Application Page 54

4.16 – The surface shall be clean from any loose materials and dry before application of the sealant coating. 4.17 - No acid liquids or detergents such as bleach are to be used on the surface of the franka slabs to remove any dirt or marks. To remove the layer of fine dust the slabs are to be washed with a power washer and left to dry before the application process. 4.18 – The sealant shall be applied in two coats or as otherwise specified by the manufacturers’ specifications of the product being used. _________________________________________________________________

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5.0

RUBBLE WALLS
(BOQ Section D – Construction Works)

Scope of Works on site The work on site consists of the following: o Construction of traditional rubble field walls. Allied Documents 5.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

Materials 5.02 – The material used for the construction of rubble walls shall be constituted from irregular shaped limestone similar to existing adjacent field wall constructions on site. Construction 5.03 – All walls are to be built in the traditional manner without the use of mortar. The wall shall rely for its strength and durability on the skilful placing of stones so that each one is locked securely in place. 5.04 - The walls are to be built of an outer leaf and an inner leaf with a layer of “mazkan” in the middle. This layer will give additional strength to the wall and it is important that this consists of tightly packed small pieces of stone. Without this layer the face stones will have a tendency to settle inwards and the rubble wall will collapse. 5.05 – The walls are to be constructed in separate V shapes or ‘posti’. This traditional method of building these walls will reduce the risk of a total collapse of the wall if any part fails. This shall be achieved by having a layer of stones knows as wings which separates the V’s or ‘posti’ _________________________________________________________________

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6.0

HARDSTONE KERBS
(BOQ Section D – Construction Works)

Scope of Works on site The work on site consists of the following: o Supply and lay Hardstone Kerbs and Drop Kerbs in formation of pavement. Allied Documents 6.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

Material 6.02 – The material shall be good quality hardstone with sectional dimensions as per table 6.02A. The surface shall be smooth and even and the edge of the kerb facing the street shall be chamfered 25mm to avoid eventual splintering of edges. Color of hardstone shall be yellowish white to light grey and it is important that the kerbs are cut from the same batch so as to avoid differences in color. The hardstone shall also be of a consistent texture and be free from any pitting and cracks. Kerbs with incorporated fossils larger than 2mm in their surface will not be accepted. TABLE 6.02A Paving Type Sectional Dimensions 270mm x 150mm Laying 6.03 – Hardstone kerbs shall be bedded solid on the constructed strip foundation in cement: lime/plasticizer: sand mortar (1:1/2:3). All materials necessary for laying shall be according to BS 7533 or equivalent. The joints shall be filled according to BS 7533. It is important to remove any excess grout immediately after grouting. 6.04 – All kerbs are to be backed with concrete grade C20 immediately after laying. 6.05 – The rates in the bill of quantities are deemed to include all labour, materials, tools and equipment required to complete the works Cutting 6.06 – It is important to use equipment that controls airborne dust if any cutting is to take place on site. _______________________________________________________________ Color Natural Pattern Straight Curve layout radii 6.00m & 2.00m

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7.0

CONCRETE WORKS
(BOQ Section D – Construction Works)

Scope of Works on site The work on site consists of the following: o In situ concrete in formation of foundations to pavement kerbs. o In situ concrete in formation of ground slabs. Allied Documents 7.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

Compliance with Regulations 7.02 - All concrete and constituent materials shall comply with the requirements of BS 5328: 1981 - Methods of specifying concrete. 7.03 - Comply also with BS 8110: Part 1 - The structural use of concrete. 7.04 - The Contractor may use equivalent standards to the ones quoted. Alternative standards may also be used provided their difference from the ones specified will be clearly explained at the time of tendering. Materials Cement 7.05 - Cement shall be ordinary Portland cement conforming with B.S. 12 or equivalent. Each consignment of cement shall be stored in a dry, well ventilated waterproof place, and on boarded timber floors. 7.06 - Cement shall moreover be of a brand approved by the Architect-in-Charge and shall be used in order of delivery. Tests on cement shall be made at the discretion of the Architect-in-Charge, and any cement below the standard required will have to be removed from site and replaced by the Contractor at his expense. Partially set or damaged cement shall not be used in concrete works. All tests are carried out at the contractor’s expenses. 7.07 - Different brands of cement are not to be mixed in the same batch. Aggregates 7.08 - Coarse aggregate shall consist of first quality crushed hard stone passing an 18mm mesh screen and retained on a 6mm mesh screen. It shall be well graded between these limits to yield a compact mass. 7.09 - Sand or fine aggregate is to be clean, sharp and 'gritty' free from loamy matter and other deleterious substances to pass a 6mm mesh sieve and retaining 25% on a 3mm mesh screen, graded between these limits. The sand is to be washed and screened when so directed by the Architect-in-Charge at the expense of the Contractor. Water 7.10 - Clean fresh water, entirely free from organic matter shall be used. Ready Mixed Concrete 7.11 - The concrete shall comply with the requirements of this specification and shall additionally conform to the requirements of BS 5328. 7.12 – All ready mix concrete supplied is to be tested as per Quality Assurance clauses in these specifications. Page 58

Reinforcement Preparation of Reinforcement 7.13 - The reinforcement is to be free from oil, paint, mild scale, excessive rust or coating of any character, which would tend to destroy its adhesive bond with the concrete. Bending of Reinforcement 7.14 - All rods shall be bent cold in accordance with BS 4466. Rods showing signs of cracking or brittleness following bending, shall not be used in the works. 7.15 - No welding of rods will be permitted, except tack or positional welding between plain mild steel rods crossing approximately at right angles so as to fix them in position, such welding of high tensile or workhardened mild steel rods will not be allowed except in fabric to BS 4483. 7.16 - The Contractor is to ensure that the reinforcement complies with the requirements shown on the drawings or bill of quantities. 7.17 - The overall size of links should be accurate and in compliance with requirements and the rods should not unwind after they are bent. Fixing of Reinforcement 7.18 - Adequate temporary spacers, chairs and binding wire shall be provided to maintain the steel in correct position. Binding wire is to be thoroughly annealed 1.5mm diameter soft iron wire. These items shall be deemed to be included in the rates. 7.19 - Covers to the steel reinforcement shall be properly maintained and should comply with requirements shown on structural drawings supplied by Architect in Charge of site. 7.20 - Fabric mesh reinforcement shall be lapped 400mm in each direction and tied at 300mm centers along each joint. 7.21 - On no account is any reinforcement to be left out for insertion into web concrete during the progress of concreting, and in no case may any portion of the concrete be put in position and allowed to set in order to act as a base upon which to set up any of the reinforcement for the member. Inspection of fixed Reinforcement 7.22 - When the reinforcement is in position and ready for concreting, the Contractor must notify the Architect-in-Charge with 48 hours notice to check reinforcement before any of it is covered up with concrete. No works shall proceed prior to the checking of reinforcement by Architect in charge. Such checking will not relieve the Contractor from any of his responsibilities under the Contract and for measuring purposes the tender drawings will be taken into account. Stainless Steel Anchor U-Bolts 7.23 - The Anchor U-Bolts are to be free from oil, paint, mild scale, excessive rust or coating of any character, which would tend to destroy the adhesive bond with the concrete. 7.24 - All Anchor U-Bolts shall be bent cold in accordance with BS 4466. Anchor bolts showing signs of cracking or brittleness following bending, shall not be used in the works. 7.25 - No welding of bolts will be permitted, except tack or positional welding that is intended to keep the bolts in place during casting of concrete. 7.26 - The Contractor is to ensure that the anchor U-bolts comply with the requirements shown on the drawings or bill of quantities. 7.27 - Adequate temporary spacers, chairs and binding wire shall be provided to maintain the Anchor U-Bolts in correct position. Binding wire is to be thoroughly annealed 1.5mm diameter soft iron wire. These items shall be deemed to be included in the rates. Page 59

Placing of Anchor U-Bolt 7.28 - Adequate temporary spacers, chairs and binding wire shall be provided to maintain the anchor U-bolt in correct position. Binding wire is to be thoroughly annealed 1.5mm diameter soft iron wire. These items shall be deemed to be included in the rates. 7.29 - Covers to the anchor U-bolt shall be properly maintained and should comply with requirements shown on structural drawings supplied by Client’s Appointed Representative of site.

Execution of Works Shuttering 7.30 - The Contractor shall be entirely responsible for the design, erection and safe removal of all shuttering. 7.31 - Faces in contact with concrete shall be free from adhering grout, projecting nails, splits, or other defects. Joints shall be sufficiently tight to prevent the leakage of cement grout and to avoid formation of fins or other blemishes. Faulty joints shall be caulked. 7.32 - Surface finishes on shuttering shall be in compliant with BS 8110. 7.33 - Shuttering faces shall be treated with the minimum of mould oil necessary to obtain a clean release. 7.34 - All shuttering must be removed by gradual easing without such shock or vibration as would damage the concrete and in no circumstances shall the shutters be struck until the concrete reaches sufficient strength to withstand any stresses to which it may be subjected. Casting of Concrete 7.35 - All shuttering must be thoroughly cleaned out with compressed air immediately before deposition of concrete; all concrete, must be placed in position immediately after mixing and every subsequent operation necessary to complete the finished concrete must follow on without delay, and must be all finished before the concrete starts to harden. Usually, with ordinary cement that does not contain any additives, all work upon the concrete should be completed within an hour after mixing. 7.36 - All shuttering and reinforcement shall be clean and free from water, immediately before the placing of concrete. Any accumulation of set concrete or grout on the reinforcement shall be removed by wire brushing before concrete is placed. 7.37 - Concrete shall not be placed in any part of the works until the Architect-in-Change's approval being given. If concreting is not started with 24 hours of approval being given, approval shall again be obtained from the Architect-in-Charge. 7.38 - Leakage of grout running on to exposed faces of already cast concrete is to be cleaned off before it commences to set. 7.39 - A competent steel fixer is to be available whilst concreting is in progress in order to reposition and adjust any reinforcement which may have become displaced. Placing of Concrete 7.40 - The methods of placing concrete shall be to the approval of the Architect-in-Charge. Concrete shall be so placed that contamination, segregation or loss of the constituent materials does not occur. 7.41 - Concrete is not to be distributed to its final position by means of vibration. 7.42 - Care must be taken not to move reinforcement during concreting. Shaking of reinforcement to assist the placing of concrete will not be permitted. 7.43 - Care must be taken to ensure that any rods which project from set or partially set concrete are not moved or jarred.

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7.44 - Concreting must be carried on continuously up to construction joints. All construction joints must be carefully arranged in approved positions where they will have the least effect upon the strength of the structure, and any pauses in the work (such as for meals) must be arranged as far as possible to occur at approved construction joints. No slips will be permitted in connection with construction joints in concrete, and all such joints must be made against a rigidly fixed board having one or more splayed battens fixed longitudinally thereto, (either vertically or horizontally as ordered) so that the joint is on a surface in a plane normal to it for the next section of work, or in such other manner as directed. Great care is to be taken to ensure by thoroughly ramming that the new concrete bonds solidly with the old. 7.45 - In all cases, where work has to be recommenced on a surface which has hardened all loose stones and debris must be removed, the surface must be well hacked rough, swept clean and thoroughly wetted. In all cases, great care must be taken to ensure by thoroughly ramming that the new concrete bonds solidly with the old. Transporting of Concrete 7.46 - The concrete shall be discharged from the mixer and transported to the works by means which shall prevent adulteration, segregation or loss of ingredients, and so as to ensure that the concrete is of the required workability at the point and time of placing. Segregated concrete will be rejected. Compaction of Concrete 7.47 - All concrete is to be consolidated by vibration to ensure that the concrete is worked into every interstice between and around the reinforcement so as to ensure a compact mass without voids and of the greatest possible density throughout. 7.48 - Wherever possible, vibration is to be carried out with immersion vibrators which are to be applied for short duration sufficiently frequently to consolidate the concrete effectively. Points of vibration are in no cast to be further apart than 500mm. Immersion vibrators are to be totally immersed in the concrete and withdrawn slowly, the maximum speed of withdrawal is not to exceed 75mm per second. Vibrators are not to be allowed to rest against, or come into contact with reinforcement of the faces or formwork. Curing and Protection of Concrete 7.49 - Minimum periods shall be indicated in Table 6.5 of BS 8110: Part 1:1985. 7.50 - Traffic or loading must not be allowed on the concrete until it is sufficiently matured, and in no case, shall traffic or loading be of such magnitude to cause deflection or other movement in the formwork or damage to the concrete member. 7.51 - Concrete must be protected during hardening from the harmful effects to the weather, or running water. The protection shall be applied immediately after completion of placing by one or more of the following methods: i) By covering with a layer of sand, sacking, canvas, hessian, straw mats or similar absorbent materials and keeping constantly wet for 72 hours. By thoroughly wetting and then covering with a layer of approved waterproof paper or plastic sheet or insulated mats kept close to the concrete for 72 hours.

ii)

Quality Assurance Testing 7.52 - Every facility shall be provided to enable the Architect-in-Charge to obtain samples and carry out tests on the materials or construction to assure compliance with the requirements laid out in these specifications. The Contractor shall be responsible for the costs of the tests and the replacement of defective materials and/or construction. Cube Testing of Concrete 7.53 - Cube test shall be made in approved 150mm moulds from samples taken in accordance with BS 1881. Samples shall be taken for at least every 20 cu.m of concrete delivered on site.

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7.54 - Each cube shall be marked with a distinguishing number and the date, and a record shall be kept showing the following data: Cube Number Date Made Location of work within the Site Design Mix Name of person taking samples Delivery note 7.55 - At least three test cubes from each sample shall be made in approved 150mm moulds, one to be tested at 7 days, and two to be tested at 28 days. In each case, the average of the three results shall be taken as the test result. 7.56 - All cubes shall be stored on site in their mould for at least 24 hours, in a place free from vibration, under damp matting and completely covered with polythene. When the concrete has achieved sufficient strength, the cubes shall be de-moulded and immediately submerged in a tank of water until they are taken to the approved independent testing laboratory. No cube shall be dispatched before it is 3 days old. The testing laboratory shall be approved by the Architect-in-Charge before the commencement of the concreting operations. 7.57 - One copy of all cube test results shall be forwarded to the Architect-in-Charge. Compliance with the specified concrete quality shall be judged according to BS 5628. The concrete in each grade will be considered acceptable if the average of any three consecutive 28 day test results is +/- 3 N/sq.mm of the specified grade. 7.58 - The 7 day result will be compared to the 7-day result obtained in the trial mixes, and the Contractor advised of the potential problems in any instances where the test results are more that 3N/sq.mm less than the trial mixes. 7.59 - The Contractor shall allow in his rates for all concrete expenses in connection with the preparation, conveying to the testing laboratory, and for the testing of the test cubes. The compression strengths of the cube shall attain the following minimum values. Table 1a.

Designation 7 days compressive strength N/sq. mm 28 days compressive strength N/sq. mm Minimum cement content kg/ cu. m Defective Work

Grade 15 10 15 270

Grade 20 14 20 310

Grade 25 17 25 330

Grade 30 20 30 360

7.60 – After concrete testing as per clause 7.46 – 7.52 is carried out and the concrete on site fails to reach the required standard as per table 1a, the Contactor shall at his own expense replace the concrete elements which have failed the test. The contractor is also to replace other elements affected by the concrete such as hollow concrete bricks in filled with same concrete 7.61 – The period of time lost I replacing these concrete elements will not be added to the Contracts time of completion.

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8.0

STREET FURNITURE
(BOQ Section F – Street Furniture)

Scope of Works on site The work on site consists of the following: o o o Supply and installation of red deal timber seating benches Supply and installation of red deal timber and cast iron frame bins Supply and installation of interpretation boards constructed from recycled plastic

Allied Documents 8.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

Benches Product Design 8.02 - The benches installed should be as similar as possible to the design on drawing no 01 Detail A2. Installation 8.03 – Timber benches must be fixed to stainless steel bolts that are cast into the concrete sub-floor. This will prevent any theft and vandalism and insure a secure installation in place. No benches fixed to the franka slab paving will be accepted. The locations of each bench are indicated in drawing no.01. Bins Product Design 8.04 - The bins installed should be as similar as possible to the design on drawing no 01 Detail A1. It is also important that these bins feature anti vandalism specifications and that the panels are to be constructed from red deal timber that has fire retardant properties. Installation 8.05 - Bins must be installed with stainless steel bolts that are cast into the concrete sub-floor. This will prevent any theft and vandalism and insure a secure installation in place. No bins fixed to the franka slab paving will be accepted. The locations of each bench are indicated in drawing no.01. Interpretation Boards Product Design 8.06 - The Interpretation boards installed shall be as similar as possible to the design on drawing no 01 Detail A3. These boards are composed from two different components, the interpretation board’s main structure and the PVC information panel. Material 8.07 – The plastic material is to be composed from recycled plastic that is composed of High Density Polyethylene 90% (+/-10%), Low Density Polyethylene 3% (+/-10%), Acrylibutalstyrene 3% (+/-10%), Polystyrene and Polythene 4% (+/-10%). This composition of recycled material will make these composite profiles totally constructed from recycled plastic. The finish colour is to be brown. Page 63

Drilling 8.08 – All drilling shall be carried out using spiral or low speed bits. No high speed drilling shall be carried out into the composite profiles as these may damage the components. Assembly 8.09 – All assembly of parts is to be carried out using stainless steel screws that are fitted in pre-drilled holes. No nails, construction staples, gluing or welding are to be used and any equipment assembled using these methods will have to be replaced at no extra cost. Cutting 8.10 – If any cutting is to take place this should be carried out using slow speed tools to prevent damaging the surface of the composite profiles by melting. Product Properties The following are requisites the products must possess to be adequate and up to the standard required for this project. 8.11 – The material must not chip, split or splinter and shall be resistant to cutting with knives. They must also be maintenance free. 8.12 – The material is to be UV resistant and able to resist exposure to high summer temperatures of about 40 degrees Celsius without any major deflection, warping or discoloration. 8.13 – The material is to be resistant to sea exposure. 8.14 – The material has to have properties that make it resistant to vandalism such as spray painting and bending. It shall also posses’ fire retardant properties to make vandalizing the signage as difficult as possible.

Installation 8.15 – All hardware used for installation is to be stainless steel to prevent rusting of materials when exposed to weathering. Information PVC Panels Material 8.16 – The PVC material used for the interpretation sign to be fixed on the information boards is to be 5mm in thickness. Fixing 8.17 – The interpretation signs must be fixed using 6mm diam. stainless steel hexagon flat thin headed screws that are fitted in pre-drilled holes. The screw’s head must be secured flat to the PVC sign surface to reduce the possibility of tampering with the installation of the signs. Printing 8.18 – The images supplied by the Malta Tourism Authority must be directly printed on the PVC boards and a protective coat must also be applied. This protective coating must provide the sign with a surface that is resistant to: - Scratching - Chemical discoloration - UV discoloration

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GURANTEE OF MATERIALS The Contractor shall provide the Client with all written guarantees and specifications from the manufacturer or supplier upon completion of works. Interpretation Boards 8.19 – The material used for the fabrication of the composite profiles must be guaranteed for 5 years from installation date on site against the following: - Warping beyond a tolerance of +/- 15mm - Expansion beyond original dimensions up to a tolerance of +/- 15mm - Discoloration of composite profiles finishing colour 8.20 – All stainless steel fixing elements (screws, bolts, nuts, etc.) under this tender are to be guaranteed against any corrosion (rust) for a minimum period of 5 years. PVC Interpretation signs 8.21 – All printing on PVC boards for interpretation signs is to be guaranteed against any discoloration and surface warping attributed to UV exposure for a minimum period of 5 years. Replacement 8.22 – If any of the materials used to fabricate or install the equipment under this tender fails to achieve the required standards under these specifications or the submitted guarantees after the completion of works, the equipment or part of it has to be replaced without any extra cost within 30 days of the confirmation of failure to adhere to the guarantee or specifications. ______________________________________________________________

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9.0

HEALTH AND SAFETY

Employees & Sub-Contractors 9.01 - The contractor shall assume full responsibility and accountability regarding the health and safety of his employees and sub-contractors including any third parties involved in the execution of this contract. 8.02 - Contractor shall comply with Legal Notice 44 of 2002 - Occupational health and Safety Authority Act 2000 and Legal Notice 36 of 2003 - General Provisions for the Health and Safety at Work and the Code of Practice for the Construction Industry (Health and Safety Authority - PT1. 2006), as well as any other legislation, regulations, standards, and / or codes of practice, in effect during the execution of the contract, regarding health and safety issues, as they apply for the contractor’s particular operating situation and nature of work activities. _________________________________________________________________

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10.0

SAFE GUARDING THIRD PARTY PROPERTIES

10.01 - During the execution of works, the contractor is to ensure that no damage whatsoever is done to existing building structure or existing services such as bus shelters, telephone boxes, street lights, playing field equipment and any services related to electricity, water and communication distribution cables. 10.02 - The contractor is to safeguard the existing buildings using all possible means and methods, such as covering parts of the building which are highly exposed to danger of being damaged from plant and works taking place on site. Rectification of Damages 10.03 - In case of damage not attributed to any force majeure, the contractor in all instances will have to make good the necessary repairs or replacement of services damaged at his own expense and as directed by Architect in charge of the site. The Contractor is also responsible to make good at his own expense any restoration works required by Superintendent of Cultural Heritage or the Heritage Planning Unit within MEPA the that need to be carried out on the existing archeological structures on site due to damaged caused by Contractor from the works carried due to non adherence to the project work schedule submitted for approval. ___________________________________________________________________

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11.0

LIGHTING INSTALLATION

(BOQ Section E – Lighting Installation) Scope of Works on site The work on site consists of the following: o o o The supply and installation of a main distribution board (Consumer Unit) The supply and installation of recessed luminaries Wiring up the complete installation, testing, certification and commissioning.

Allied Documents 10.01 - The following documents are to be read in conjunction with all of the following specifications: i) ii) iii) General Conditions of Contract. Drawings Relevant Bill of Quantities

General Specifications 10.02 - This specification is related to the electrification works and to the supply and installation of the new recessed luminaries which are required for the new lighting scheme. Quality and finishing 10.03 - The type of materials and equipment which are to be used must be of the highest standard. A high quality of workmanship and finishing works are being expected and this fact should be taken into account when submitting quotations. Under no circumstances will inferior quality workmanship or finishing works be tolerated and contractors who do not respect this condition will be obliged to carry out again at their expense any installation work which is not deemed to be acceptable due to inferior standard. Drawings and other documents forming part of this specification 10.04 - This specification includes/makes reference to the following drawings. Drawing No. BH.EL.01: Lighting installation layout Electrical installation regulations 10.05 - The electrical installation must be carried out in accordance with the Electricity Supply Regulations (E.S.R.) of the Malta Resources Authority (MRA) and the latest edition of the I.E.E. Regulations (BSS 7671). Licensed wireman 10.06 - The whole work must be carried out under the direction of a licensed wireman in possession of a valid ‘B’ license and the MTA or their representative will stop work on site if it is found that the wireman is not on site. As part of the offer prospective contractors are to submit a copy of the license of the wireman who they would be appointing to carry out and/or supervise the work on site at all time. The wireman can be the contractor himself however. Materials and equipment 10.07 - Materials and equipment must be compliant with the specifications and requirements set out in this tender document. Other materials and equipment may not be used unless the MTA gives its approval in writing following a written request by the contractor before the works in question are taken in hand. Any intention to use other materials and equipment must be expressed by prospective contractors in their offer submission itself provided that the award of the tender to any contractor who has expressed such intention to use other materials and/or equipment shall for no reason whatsoever, mean or imply that the MTA has given its approval for such use of other materials and/or equipment.

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Main Consumer Unit 10.08 - This Consumer Unit should be neatly assembled in a workshop and delivered to site already assembled. Before this Unit is installed it must first be inspected and approved in writing by the MTA or their representative. Under no circumstances will a hastily assembled unit on site be acceptable. All wiring terminations must be made using crimped terminals and all terminations must be properly labeled and the markings must correspond with the indications in the as fitted drawings which must be submitted at the end of the contract. Moreover the components within the Consumer Unit must be properly marked with printed with durable labels before the Unit is delivered to site. These conditions are compulsory and any shoddy work will automatically imply that the consumer unit will be rejected and a new one would have to be supplied and installed. The Consumer Unit must also be provided with a Din connector Block for the outgoing circuits. Again terminations of outgoing circuits must be made using crimped terminals and all cables must be marked with numbered cable marker sleeves. Distribution cables and their installation 10.09 - Cables The outgoing cables from the main Consumer Unit are indicated in Drawing No. BH.EL.01 A sturdy galvanized metal trunking system of adequate dimensions is to be employed near the main distribution cubicle to protect the outgoing cable circuits at this point of convergence. Moreover a manhole is to be provided in the floor directly below the main distribution cubicle. A copper earth electrode (16mm diameter and 2m long) is to be installed in the manhole below the Consumer 2 Unit and connected using 16mm single core PVC cable to the earthing point in the Consumer Unit. 10.10 - Wall recess mounted luminaires Recess mounted luminaires are to be supplied and installed at low level to illuminate the pavement. The luminaires are to be installed in recesses cut in the low passage walls at pre-agreed heights from the ground to match the approaching supply cable conduit installed. The recesses are to be neatly cut and under no circumstances will it be allowed to use chasing machines which could cut longer lengths than required in the stones, which cuts would remain visible after the luminaires are installed. The luminaires should have a flush cover to hide the gap between the edges of the recesses and the main luminaire body. Application to Enemalta 10.11 - The contractor shall apply to Enemalta for a new 40A single phase service. Testing, certification and drawings 10.12 - On completion the whole installation is to be tested by the ‘B’ licensed wireman who carried out the work and hence commissioned. A test certificate is to be issued for the installation and this certificate should also include a list of tests carried out and results obtained. The certificate and test results should be endorsed by the wireman and the contractor unless these are the same person. Supply a complete set of colour coded As-Fitted drawings in electronic format (Autocad 2008 or better) including three sets of hard colour copies, for all Electrical & Mechanical Services. Technical literature 10.13 - Technical literature featuring the following equipment offered must be included with the offer to enable the adjudication board to understand exactly what is being offered. The offer may not be considered to be complete if the information below is not included. If pages from catalogues showing various types of equipment are submitted it is very important to highlight what is being offered exactly. Moreover the information is to be included in a dedicated folder which should be indexed in accordance with the list below. • • • • The main consumer unit The type of MCBs and RCBOs which will be used The digital timers The contactors Page 69

• •

The recessed fittings ( detailed information required and not just pictures) Cable marker sleeves and crimped type wire terminals

Guarantee 10.14 - The whole installation including materials, equipment and workmanship must be guaranteed for a period of two years. During this period the contractor will be responsible to carry out any repairs and replace any defective parts as and when required. Once the contractor is notified about a defect during the guarantee period he will be expected to make repairs within a period not exceed two working days. Method statement 10.15 - Within two weeks from the date of award of the tender the contractor will be required to submit a detailed method statement based on the foregoing specification to indicate how he intends to carry out the work. No work is to be carried out before this method statement is approved in writing by the MTA or their representative.

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Part 2 –The Contractor’s Technical Offer

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VOLUME 4 - FINANCIAL BID

(Unit-Price Contracts)

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. 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 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. 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. 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. 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. 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.) Page 72

Abbreviations used in the bill of quantities are to be interpreted as follows: mm m mm² 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 means means means millimetre metre square millimetre square metre cubic metre kilogram tonne (1000 kg) pieces hour Lump sum kilometre litre per cent nominal diameter man-month man-day

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. 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.

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. The rates and prices tendered in the priced bill of quantities will be quoted at the rates current prior to the date of submission. 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. 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 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. Page 73

b)

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).

Please refer to BoQ in MS Excel format which can be found in the zip file.

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VOLUME 5 – DRAWINGS
Design Documents, including Drawings
Section 5.1

List of drawings attached

No

Name

Drawing No

Date

1. 2. 3. 4. 5. 6. 7.

Installation of Safety Equipment Proposed Plan & Details Lighting Layout

01 02 BH.EL.01

09.05.11 09.05.11 13.06.11

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