IMPORTANT NOTES This Tender document has been compiled by ... · 6 1.9 2.0 2.1 2.2 2.3 2.4 2.5 2.6 The Contracting Authority retains ownership of all tenders received under this tender

1

IMPORTANT NOTES

This Tender document has been compiled by the MAAA and follows the Maltese Public Procurement Regulations. The Contents of this document are binding and supersede the Maltese Public Procurement Regulations, however, issues not addressed in this document will be decided on the Malta Public Procurement Regulations governing public procurement. The decision of the MAAA is final and binding.

Tender Guarantee

1. Tender Guarantee (Bid Bond) must remain valid for a period of 90 days after the deadline for submission of tenders.

2. In case a tender needs to be submitted by:-

a Partnership (P),

a Joint Venture (JV) or

Consortium (C)

the Tender Guarantee (Bid Bond) should be either in the name of the P, JV or C or else it can be in the name of the Lead Partner of the same P, JV or C on behalf of the P, JV or C.

3. The MAAA will disqualify Economic Operators who do not abide by the above instructions.

4. Prospective Bidders are to note that the original copy of the Tender Guarantee (Bid Bond) is to be

submitted by hand or by registered post at the SportMalta Office, Procurement Office Cottonera Sports Complex, Cottonera Avenue, Cospicua BML9020, every working day from Monday to Friday (excluding Public Holidays) up to the date indicated in clause 2 of the tender document from 08:30hrs to 12:30hrs.

5. Prospective Bidders are to ensure that when delivering the original copy by hand they are given a

receipt.

Submission of Financial Offer

6. Tenderers must quote all components of the price inclusive of taxes/charges, customs and import duties

and any discounts BUT excluding VAT. VAT shall be paid in accordance with the current VAT regulations.

2

REFERENCE NUMBER:

MAAA 001/2018

SUPPLY, DELIVERY, AND INSTALLATION

OF A NEW SURFACE FOR THE ATHLETICS FACILITIES AT THE MATTHEW MICALLEF ST JOHN ATHLETICS STADIUM IN MARSA

Date Published:

15th June 2018

Deadline for Submission:

16th July 2018

at 18:00am CET

Tender Opening:

16th July 2018

at 19:00am CET

This Tender document has been compiled by the MAAA and follows Malta Public Procurement Regulations. The Contents of this document are binding and supersede Malta Public Procurement Regulations. However, issues not addressed in this document will be decided on the Malta Public Procurement Regulations governing public procurement. The decision of the MAAA is final and binding. Tenderers are to ensure that the mandatory tender guarantee (bid bond) of €10,000 is to remain valid up to and including the 1st October 2018.

IMPORTANT

Clarifications shall be uploaded and will be available to view/download from https://athleticsmalta.com/

Malta Amateur Athletics Association 6, Race Course Street, Marsa.

Tel: 7925 2743 email: [email protected]

3

1. Acronyms .............................................................................................. 4

SECTION 1 – INSTRUCTIONS TO TENDERERS ......................................................... 5 SECTION 2 – APPEALS PROCEDURE ................................................................... 18

SECTION 3 – SPECIAL CONDITIONS ................................................................... 20

SECTION 4 – TECHNICAL SPECIFICATIONS/TERMS OF REFERENCE .............................. 30

SECTION 5 – SUPPLEMENTARY DOCUMENTATION .................................................. 54

2. Forms to be filled in by Bidders .................................................................. 55

1. Tender Response Form .............................................................................. 56

2. Bidder’s Declaration Form .......................................................................... 57

3. Statement on Conditions of Employment Form.................................................. 58

4. Power of Attorney Form ............................................................................ 59

5. Data on Joint Venture/Consortium Form (Where applicable) ................................. 60

6. Sub-Contracting Form ............................................................................... 61

7. DRAFT CONTRACT FORM (for information purposes only) ...................................... 62

8. SPECIMEN PERFORMANCE GUARANTEE Form ..................................................... 64

9. BILL OF QUANTITIES ................................................................................. 65

10. Remedial Works – Day Works Rates................................................................ 68

11. Appendix A i – Site Plan ............................................................................. 72

10. Appendix A ii – Measurements Plan .................................................................. 73

12. Appendix B. Site Description (Photos) ............................................................ 74

4

1. Acronyms

Malta Amateur Athletics Association MAAA SportMalta SM International Assocation of Athletics Federation IAAF

5

SECTION 1 – INSTRUCTIONS TO TENDERERS

General Instructions

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8

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 MAAA, whatever the economic operator’s own corresponding conditions may be, which through the submission of the tender is waived. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender document. This Tender is being issued by the MAAA. 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. This Tender document has been compiled by the MAAA and follows Malta Public Procurement Regulations. The Contents of this document are binding and supersede Malta Public Procurement Regulations, however, issues not addressed in this document will be decided on the Malta Public Procurement Regulations governing public procurement. The decision of the MAAA is final and binding.

The tenders must be submitted in English. All tenders must be in hard copy and received by date and time indicated in the timetable at Clause 2 and deposited BY HAND or through COURIER service, on any weekday between Monday and Friday (excluding Public Holidays) between 08;30 and 14:30, in the tender box at:

SportMalta Procurement Office

Cottonera Sports Complex, Cottonera Avenue, Cospicua BML9020

Tenders submitted by any other means will not be considered. Tenderers must seal the original and the copy of their tender as follows: 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”. The cover should have a clear address as per the below only:

MAAA Track Resurfacing Committee Tender MAAA 001/2018

Name of Bidder:_________________________ 2. 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 MAAA, for verification purposes only should the need arise. 3. All packages, as per (b) above, must bear only:

a. the above address; b. the reference of the invitation to tender concerned; c. the name of the tenderer.

If the outer envelope is not sealed and marked as required above, the MAAA will assume no responsibility for the misplacement or premature opening of the tender

6

1.9 2.0 2.1 2.2 2.3 2.4 2.5 2.6

The subject of this works tender is centred on the removal and replacement of the existing porous artificial surfacing of the whole athletics facility and the extension of the main straight from eight to nine lanes, the reinstatement of markings up to IAAF Standards, including the inspection and execution of any remedial civil works as may be required underneath the exisiting artificial surfacing. Final Certification by the IAAF has to be obtained as part of the Contract, by the successful Bidder. The place of acceptance of the works shall be at the Matthew Micallef St.John Atghletics Stadium in Marsa, the time-limits for delivery shall be eight (8) weeks, the INCOTERM2010 applicable shall be Delivery Duty Paid (DDP).

This is a unit-price contract.

This call for tenders is being issued under an open procedure.

This call for tenders is not a reserved contract.

The Contracting Authority for this tender is the MAAA.

The tenderer will bear all costs associated with the preparation and submission of the tender. The Contracting Authority will in no case be responsible or liable for such costs, whatever the conduct or outcome of the procedure. The Contracting Authority retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them.

Timetable

2.

DATE TIME

Clarification Meeting/Site Visit (Refer to Clause 6.1) 1st July 2018

10.30

Deadline for request for any additional information from

the Contracting Authority.

Clarifications have to be sent by email at

[email protected]

3rd July 2018

23.45

Last date on which additional information can be issued by

the Contracting Authority 6th July 2018

23.45

Deadline for Submission of Tenders

(unless otherwise modified in terms of Clause 10.1 of the

General Rules Governing Tendering)

16th July

2018

18.00

Deadline for submission of ORIGINAL bank guarantee (bid bond) –A

scanned copy will be submitted In the Tender Bid, followed by the

submission of the original copy within five (5) working days after

the closing date of tender, by post or by hand, to the SportMalta

Office, Procurement Office Cottonera Sports Complex, Cottonera

Avenue, Cospicua BML9020

24th July 2018

12.00

Tender Opening Session

(unless otherwise modified in terms of Clause 10.1 of the General

Rules Governing Tendering)

16th July

2018

19.00

* All times Central European Time (CET)/Central European Summer Time (CEST) as applicable

7

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. The extent of the works required in this tender do not warrant the separation of such works into lots due to the continuity which is necessary from commencement to closure. The project therefore is divided into three separate but overlapping phases:

o Phase 1 (removal of exisiting artificial surface), o Phase 2 (inspection and carrying out of eventual remedial civil works as required) o Phase 3 (laying out of the new surface, marking and IAAF certification)

whereby each phase involves specific works on site which must be carried out sequentially for efficient execution of the whole solution. Furthermore, in addition to the Artificial Surface contractor covering this contract, the same bidder must provide a Civil Works contractor which shall be exclusively responsible for the inspection of the surface beneath the old rubber surface and eventually carry out any required remedial civil works which shall be covered under the same contract. Owing to this, all contractors involved must remain in constant liaison and form one solution. The cost of the remedial Civil Works (if at all required) is not subject to Evaluation with the rest of the components of the Tender, since this cannot be quantified at this stage, however a per Unit (either man hour of per meter or per volume as applicable) rate has to be included at Bidding Stage as per BOQ supplied.

4. Variant Solutions

4.1 No variant solutions will be accepted. Tenderers must submit a tender in accordance with the requirements of the tender document.

5. Financing

5.1 The project is financed from local budget funds by the MAAA.

6.1

6. Clarification Meeting/Site Visit/Workshop A clarification on-site meeting will be held on the date and time indicated in Clause 2, at the Matthew Micallef St.John Athletics Stadium Marsa, to answer any questions on the tender document which have been forwarded in writing, or are raised during the same meeting. Minutes will be taken during the meeting, and these (together with any clarifications in response to written requests which are not addressed during the meeting) shall be posted online as a clarification note in the MAAA website at https://athleticsmalta.com/ Meetings between economic operators and the MAAA, other than that provided in this clause during the tendering period are not permitted.

7. Selection and Award Requirements

7.1

In order to be considered eligible for the award of the contract, economic operators must provide evidence that they meet or exceed certain minimum criteria described hereunder:

i. Participation in tendering is open on equal terms to all natural and legal persons, in accordance

with the Public Procurement Regulations.

8

ii. 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.

iii. Tenders submitted by companies forming a joint venture/consortium must also fulfil the

following requirements:

a. 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.

b. 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.

c. 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.

(A) Eligibility Criteria

(i) (ii) (iii)

In the case of a joint venture, the joint venture as a whole must satisfy the minimum qualifications required below. An original bid-bond for the amount of € 10,000 in the form attached(Note 1)

Bidders Declaration Form (Note 2) . Declare agreement, conformity and compliance with the Tender document.

(iv)

Power of Attorney (Note 2)

(B) Exclusion, including Blacklisting (by the Department of Contracts and/or SportMalta)

from Procurement and Tendering in the Maltese Islands automatically excludes a Bidder from placing a bid to this tender. (a)

Economic and Financial Standing (Note 2)

The last two audited accounts (in any case not earlier than 2014) of each entity forming the Bid have to be supplied with the Bidding Documentation.

(b) Technical and Professional Ability (Note 2)

i.

In view of the Specialised Nature of the Works involved in this Contract, Bidders are being requested to supply a list of principal contracts of a similar nature (involving artificial running tracks works and associated civil works), carried out in the last five (5) years (2012-2017) to substantiate the below.

9

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 Committee reserves the right to request additional documentation in respect of the deliveries listed.

ii. Provide details of the key experts/technicians and/or technical bodies the economic operator can call upon, especially those who shall be responsible for quality control (including site and laboratory testing). All key experts are expected to be very proficient in the English Language. Key experts required as follows:

A warranted Perit (MQF 6 or equivalent) with at least 5 years experience in similar works who will assume all the responsibility in terms of the legal obligations as arising under Maltese law - The role of the Perit is to ensure that all works are being implemented according to the successful Bidder’s Technical Bid and to liaise with the Architect-in-Charge assigned by the MAAA and to certify any work elements being installed by the contractor as applicable. The Perit shall also be responsible for Quality control and IAAF certification and shall endorse all reports related to Quality Assurance as necessary.

A Project Manager (MQF 5 or equivalent) with at least 5 years experience in similar works - The role of the project manager will be to manage and report on the agreed program of works and the various aspects of works comprising but not necessary limited to; Quality, Time, Cost, H&S and Environmental Management. He is expected to preempt and report immediately to the Architect-in-Charge any modifications from the contract and in all circumstances before these are executed on site. The project manager will bear the responsibility of the cost of works if he fails to attain approvals from the MAAA for any modifications prior to carrying out the works on site. This Expert must assume the role of Health and Safety Coordinator on site for the Contractor.

No individual may perform the role of more than one (1) Key Expert mentioned above.

The Evaluation Committee reserves the right to request the tenderers to substantiate their claims in respect to the staff proposed during the evaluation stage.

Key Experts Form as specified in the technical specifications has to be filled in and included with the Technical Bid. (Note 2A)

iii. Provide details of the technical facilities and measures for ensuring quality and the study and research facilities used (including site and laboratory testing).

iv. List details of tools, plant or technical equipment available in relation to the works set out in this tender document.

10

v. Provide data concerning subcontractors and the percentage of works to be subcontracted by fillingin the Subcontractors Form. Any subcontractor proposed and disclosed at this stage shall be evaluated in line with the Exclusion and Blacklisting Criteria as per Section 7.1 (B) of these Instructions to Tenderers. Furthermore, if the sub-contractor is relied upon by the Contractor to meet the standards established in the selection criteria, apart from submitting the relevant commitments in writing, such reliance will be evaluated to verify its correctness and whether in effect these criteria are satisfied.

11

(i)

(C) Technical Specifications All works have to be in total adherence and respect to the IAAF Technical Manual 2008 Editions for Track and Field facilities, Marking Plan 400m Standard Track and the relevant IAAF Certification Systems, which are all found at https://www.iaaf.org/about-iaaf/documents/technical . It is the responsibility of the Bidders to ensure that the proposed solutions will eventually be IAAF Certified and the cost for Certification has to be borne by the Bidder. Tenderer’s Technical Offer in response to specifications to be submitted shall be constituted but not limited to the following:

A Work Plan and Programme of Works in relation to this tender. This shall incorporate mobilisation or works, completion, commissioning and hand over of all works. (Note 3)

A Graphic Work Schedule (Gantt Chart) in relation to the total period allowed as Execution of the Contract under Article 32 of the Special Conditions. It should indicate the various tasks and the duration and phasing of each required for execution of the Works within the specified period, the overlaps and dependencies between tasks, and should also specify any lead times for ordering of items, components and equipment and highlighting the relevant target dates and milestones in the undertaking. (Note 3)

A Works Method Statement giving a comprehensive description of how the tenderer intends to approach the execution of the Works indicating the various deployments of resources for each successive task in order to achieve completion within the specified period, including where necessary, co-ordination with other contractors and giving clear indications of the materials which will be used in the works. The Method Statement should also include details of access to site, management and disposal of waste and debris, dust and noise mitigation measures and site cleanliness. (Note 3)

A detailed overview and description of the Quality Assurance Systems, Protocols and Procedures to be adopted, giving a clear overview of the systems including the sampling and testing to be adopted to ensure that the highest levels of quality for all components of the Works and their respective constituent parts are maintained. It should indicate the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking. It shall also outline what measures will be taken during the execution to ensure that all work, materials, components, systems and constituent parts of the Works are free from blemishes or defects, of a suitable quality and fit for the intended purpose. (Note 3)

A Waste Management Plan giving a comprehensive description of Waste Management which should include: details of the various waste streams, final destination of all the waste streams and details of the recycling and reuse of waste. (Note 3)

A Resource Allocation Schedule drawn up in the form of a bar chart, based on the various periods and durations and overlaps indicated in the Program of Works and indicating clearly how the Bidder’s resources (personnel and equipment) will be deployed on the site over the period of execution, including the deployment of off-site resources and equipment where these have a direct bearing on site-work and are crucial to the successful completion within the given time-frame. The Tenderer should demonstrate that they will intend deploying their respective resources in the most efficient manner possible so as to achieve successful completion of the project within the required timeframe

(Note 3)

Approved Dumping Site Details including details of the Route from Site to the approved dumping site. (Note 3)

Certification confirming that the Dumping Site indicated has a valid permit to accept the material being carted away from the work site. (Note 3)

12

Declaration re. Exclusion of Certain Materials confirming that the Contractor will not make use of specific dangerous materials and substances. (Note 3)

13

(ii) Literature as per form marked ‘Literature List’ to be submitted with the Technical Offer at

tendering stage. Literature submitted shall be rectifiable only in respect of missing information. (Note 2B)

(iii) Sample requirements A sample 300x300mm in size of the track material proposed shall be submitted with

tender.

Sample of gutter cover is to be presented.

Sample of sand proposed is to be presented.

Material of canvas proposed is to be presented.

(D) Financial Offer

(i) A financial offer calculated on the basis of Delivered Duty Paid (DDP)2010 (Grand Total) for the works tendered in the Bill of Quantities (as per provided form)(Note 3)

Notes to Clause 7:

1. Tenderers will be requested to clarify/rectify, within five (5) working days from

notification, the tender guarantee only in the following four circumstances: incorrect

validity date, and/or incorrect value, and/or incorrect addressee and incorrect name of the

bidder. Rectification in respect of the Tender Guarantee (Bid Bond) is free of charge.

2. A) Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete

documentation, and/or submit any missing documents within five (5) working days from

notification.

B) Tenderers will be requested to rectify/submit only missing documents within five (5)

working days from notification. No changes to the information provided in the Literature

submitted will be allowed. Literature submitted shall be rectifiable only in respect of any

missing information.

All Rectifications are free of charge.

3. No rectification shall be allowed. Only clarifications on the submitted information may be requested.

7.2 7.3 7.4 7.5

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 7.1 A, B, C and D.

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

14

no alterations made by the tenderer.

8.1 8.2 8.3 8.4 9.1 10.1 10.2 11.1 11.2 11.3 11.4 11.5

8. Explanations/Clarification Notes Concerning Tender Documents Tenderers may submit questions in writing to the Contracting Entity by sending an email to [email protected] The Contracting Entity must reply and will publish such replies to all tenderers' questions, and amend the tender documents by publishing clarification notes, questions and answers, and alterations to the tender document as a clarification note on the website of the MAAA within the tender’s page. 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 Contracting 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. The Clarification period will not be extended and requests for the extension of the Clarification period will not be considered. 9. Labour Law 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. 10. Law 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. The tenderer must provide all documents required by the provisions of the tender document. All such documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the tenderer. 11. Tender Prices Tenderers will be deemed to have satisfied themselves, before submitting their tender, to its correctness and completeness, to have taken account of all that is required for the full and proper performance of the contract, and to have included all costs in their rates and prices. The tender must be submitted in Euro (€). Three decimal points do not exist as currency; therefore such offers cannot be accepted. Offers are to be submitted up to two decimal points. Tenderers must quote all components of the price inclusive of taxes, customs and import duties and any discounts BUT excluding VAT. VAT shall be paid in accordance with the applicable VAT Regulations. 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. If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement.

15

11.6

The prices for the contract, must include all of the works to be provided, including also the costs for the IAAF Certification. The prices quoted are fixed and not subject to revision or escalation in costs, except for any increases determined by government in respect to its policies or otherwise provided for in the Special Conditions.

12. Currencies of Tender and Payments

The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the questionnaire and in other documents must be expressed in Euro (€), with the possible exception of originals of bank and annual financial statements.

Payments will be made upon certification of supplies 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.

13. Period of Validity of Tenders

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders indicated in the contract notice, the tender document or as modified in accordance with these Instructions. Any tenderer who quotes a shorter validity period will be rejected.

The MAAA may consider cancelling the tender in the event that the evaluation process has not been concluded by the end of the validity period of the submitted bids.

In exceptional circumstances the MAAA may request that tenderers extend the validity of tenders, without extending the validity of the Tender Guarantee (Bid Bond), for two further periods of four (4) weeks each. 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. The successful tenderer must maintain his tender for a further 60 days from the date of notification of award. 14. Variant Solutions No variant solutions will be accepted. Tenderers must submit a tender in accordance with the requirements of the tender document. 15. Preparation and Signing of Tenders All tenders must be submitted in one original, clearly marked “original”, and one identical copy (including all documentation as in the original) signed in the same way as the original and clearly marked “copy”. Tenders must comprise the documents specified in Clause 7.1 A, B, C and D above. It is the responsibility of the tenderers to ensure that both the original and the copy are an identical representation of one another. The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which entries or corrections to his submission have been made must be initialled by the person or persons

16

signing the tender. All pages must be numbered consecutively by hand, machine or in any other way acceptable to the MAAA. The tender must contain no changes or alterations, other than those made in accordance with instructions issued by the MAAA (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 MAAA. 16. Opening of Tenders Tenders will be opened in public session on the date and time indicated in the timetable at Clause 2 at the MAAA HEADQUARTERS, 6, RACE COURSE STREET, MARSA by the MAAA officials. They will draw up a ‘Summary of Tenders Received’ which will be published on the MAAA Website. 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 25. Secrecy of the Procedure

After the opening of the tenders, no information about the examination, clarification, evaluation or comparison of tenders or decisions about the contract award may be disclosed before the notification of award. 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 / MAAA directly during the evaluation period will be considered legitimate grounds for disqualifying his tender. 26. Tender Evaluation Process The following should be read in conjunction with Clause 25. 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 7.1 A, B, C and D. The Evaluation Committee shall, after having consulting with the Head, Evaluation Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in these Instructions to Tenderers. Such rectification/s must be submitted within five (5) 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 these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested.

17

Part 2: Eligibility and Selection Compliance Tenders which have been considered administratively compliant shall be evaluated for admissibility as outlined below: Eligibility Criteria Tender Form (Volume 1, Section 2) Selection Criteria Evidence of technical capacity (sub-Clause 6.1.2)

Part 3: Technical Compliance At this step of the evaluation process, the Evaluation Committee will analyse the administratively-compliant tenders’ technical conformity in relation to the technical specifications (Volume 3, and the documentation requested by the MAAA 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) will also be assessed on the submitted samples so that the Evaluation Committee will corroborate the technical compliance of the offers received. Part 4: Financial Evaluation The financial offers for tenders which were not eliminated during the technical evaluation (ie. those found to be technically compliant) will be checked for arithmetical correction and evaluated. 27. Criteria for Award The sole award criterion will be the price. The contract will be awarded to the tenderer submitting the cheapest priced offer satisfying the administrative and technical criteria. 28. Sub-Contrcating Any subcontractor proposed and disclosed shall be evaluated in line with the Exclusion and Blacklisting Criteria as per section 7 (B) of these Instructions to Tenderers. Furthermore, if the sub-contractor is relied upon by the Contractor to meet the standards established in the selection criteria, apart from submitting the relevant commitments in writing, such reliance will be evaluated to verify its correctness and whether in effect these criteria are satisfied. The Contractor shall be directly and solely responsible for any subcontractor on-site or otherwise when carrying out and performing the execution of the Works or part thereof. The Contractor shall supervise and co-ordinate with all Subcontractors to integrate all activities with the remainder of the work. For the purposes of this contract any Subcontractor will be treated as employees of the Contractor in all respects.

18

SECTION 2 – APPEALS PROCEDURE

1. The MAAA Tender Review Board will be constituted of three members, one person nominated from the MAAA, one from SportMalta and an independent Chairman appointed by mutual agreement between both entities.

2. The MAAA Tender Review Board shall carry out its duties, responsibilities and procedures in operation by the Department of Contracts’ Public Contracts Review Board, as per Part IX of the Public Procurement Regulations.

3. 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, a rejection of a tender or a cancellation of a call for tender after the lapse of the publication period, may file an appeal by means of an objection before the MAAA Tender Review Board, which shall contain in a very clear manner the reasons for their complaints.

4. The objection shall be filed within ten (10) calendar days following the date on which the MAAA has by electronic means sent its proposed award decision or the rejection of a tender or the cancellation of the call for tenders after the lapse of the publication period.

5. The communication to each tenderer or candidate concerned of the proposed award or of the cancellation of the call for tenders shall be accompanied by a summary of the relevant reasons relating to the rejection of the tender as set out in these regulations or the reasons why the call for tenders is being cancelled after the lapse of the publication period, and by a precise statement of the exact standstill period.

6. The objection shall only be valid if accompanied by a deposit equivalent to 0.50 per cent of the estimated value set by the MAAA of the whole tender provided that in no case shall the deposit be less than four hundred euro (€400) or more than fifty thousand euro (€50,000) which may be refunded as the MAAA Tender Review Board may decide in its decision.

7. The Secretary of the MAAA shall immediately notify the MAAA Tender Review Board that an objection had been filed thereby immediately suspending the award procedure.

8. The MAAA shall be precluded from concluding the contract during the period of ten (10) calendar days allowed for the submission of appeals. The award process shall be completely suspended if an appeal is eventually submitted.

9. The procedure to be followed in submitting and determining appeals as well as the conditions under which such appeals may be filed shall be the following:

any decision by the MAAA shall be made public by uploading it on the MAAA website prior to the

award of the contract;

the appeal of the complainant shall also be uploaded on the MAAA website;

the MAAA and any interested party may, within ten (10) calendar days from the day on which the appeal is uploaded file a written reply to the appeal. These replies shall also be uploaded on the MAAA website;

the MAAA shall within ten (10) days forward to the Chairman of the MAAA Tender Review Board all

documentation pertaining to the call for tenders in question including files and tenders submitted;

the Secretary of the MAAA Tender Review Board shall inform all the participants of the call for

tenders, and the MAAA of the date or dates, as the case may be, when the appeal will be heard;

when the oral hearing is concluded, the MAAA Tender Review Board, if it does not deliver the

decision on the same day, shall reserve decision for the earliest possible date to be fixed for the purpose, but not later than six (6) weeks from the day of the oral hearing:

19

Provided that for serious and justified reasons expressed in writing by means of an order notified to all the parties, the Tender Review Board may postpone the judgment for a later period;

the Secretary of the Tender Review Board shall keep a record of the grounds of each adjournment and of everything done in each sitting;

after evaluating all the evidence and after considering all submissions put forward by the parties, the Tender Review Board shall decide whether to accede or reject the appeal or even cancel the call if it appears to it that this is best in the circumstances of the case.

20

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 The Laws of Malta shall apply in all matters not covered by the provisions of the contract.

2.2 The language used shall be English.

Article 3: Order of Precedence of Contract Documents

3.1 The contract is made up of the following documents, in order of precedence:

the Contract;

the Special Conditions indicated in this tender document;

the General Conditions (Works) of the Public Procurement Regulations;

the Contracting Authority’s technical specifications and design documentation;

the Contractor’s technical offer, and the design documentation (drawings);

the bill of quantities (after arithmetical corrections)/breakdown;

the tender declarations in the Tender Response Format;

any other documents forming part of the contract.

Addenda have the order of precedence of the document they are modifying.

Article 4: Communications

4.1 The Contractor shall provide to the MAAA either an address for service of communications and notifications or alternatively provide an address close to the site, or appoint a designated agent for this purpose. The Contractor shall notify the MAAA of the address for service or such other addresses as the Contractor shall have designated by notice to the MAAA in writing. Should the Contractor fail to fulfil this obligation within two (2) months of being notified of the approval of the Contract, all notifications concerning the Contract shall be valid when addressed to the address indicated in the Tender Response Form. If the address indicated in the Tender Response Form is not located in Malta, the Contractor shall be deemed to have received notice four (4) days after mailing in the post by the MAAA.

All communications must be in the English language. Notifications and communications to the MAAA must be addressed to: The President MAAA 6, Racecourse Street Marsa and on [email protected]

21

5.1 5.2 5.3

Article 5: MAAA’s Project Architect The MAAA’s Project Architect’s identity will be communicated to the Contractor with the Order to Start Works.

Site Instructions shall be issued solely by the MAAA Project Architect.

The MAAA Project Architect shall oversee the execution of the Works on behalf of the MAAA with particular regard to the General Conditions and the Special Conditions of the Contract, the Progress of the Works, Compliance with the Specifications and Drawings, the quality of workmanship and IAAF Certification.

5.4 5.5

The MAAA Project Architect shall have the right to engage such other persons as deemed necessary in order to verify the accuracy and quality of the Works. Verbal Instructions issued by the MAAA Project Architect shall be confirmed in writing within five (5) working days.

5.6 5.7 5.8

In the event that the MAAA Project Architect becomes aware that the Works are not being executed in accordance with the Contract including any and all conditions or requirements thereof, the MAAA Project Architect shall have the authority to give such Instructions as he may deem necessary to the Contractor and the Contractor shall comply forthwith.

Provided that whether or not such Instructions are issued the responsibility for ensuring that the Works are executed in accordance with any and all requirements and conditions of the Contract shall lie solely with the Contractor.

Any Instruction issued by the MAAA Project Architect shall be deemed to have been given by the MAAA.

Article 11: The Contractor’s Obligations

11.1 11.2 11.3

Further to what is being stated in the General Conditions, the Contractor shall be responsible to meet all obligations set out in the contract as required by law, regulations and/or relevant authorities to the fullest extent. The conditions laid down in the articles hereunder shall be read and construed in conjunction with and supplementary to the General Conditions.

The Contractor shall be obliged to follow any and all instructions issued by the MAAA Project Architect in relation to the Works insofar as these fall within the overall scope of the Contract. The Contractor shall take full responsibility for the adequacy, stability and safety of all operations and methods of construction/works under the contract. If any loss or damage happens to the Works, or any part thereof, or materials or Plant for incorporation therein, for which the Contractor is responsible for the care thereof, from any cause whatsoever, including but not limited to loss and/or damage arising from weather or sea conditions, the Contractor shall, at his own cost, rectify such loss or damage so that the Works conform in every respect with the provisions of the contract to the satisfaction of the Supervisor. The Contractor shall also be liable for any loss or damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations.

22

11.4 11.5 11.6

The Contractor must at all times employ workmen, with the necessary qualifications, in sufficient number to ensure satisfactory execution of the Works and compliance with the Programme of Works. The Contractor shall in respect of all persons employed by him for the execution of the contract comply with the requirements of the Maltese Labour Law and all other applicable laws and regulations of Malta. The Contractor’s attention is particularly drawn to regulations in respect of conditions of labour, night work, rates of pay, sanitary and safety conditions, medical services, health cards, social insurance and accident insurance.

The Contractor shall deploy the necessary resources so as to maintain a good progress of work on the site and shall also, where necessary, undertake to perform works outside normal working hours and on public holidays and weekends at no additional cost to the Contracting Authority, so as to ensure the completion of the Works in a timely manner, in accordance with the Technical Requirements and within the Period of Execution.

In the absence of any rates of wages, hours, or conditions of labour so established, the Contractor shall pay rates of wages and observed hours and conditions of labour which are not less favourable than the general level of wages, hours and conditions observed by other contractors whose general circumstances in the trade or industry in which the Contractor is engaged are similar.

11.7 The Contractor, including all the subcontractors, has to comply with all the legislation and regulations concerning employment in Malta, especially the posting of Workers in Malta Regulations; and must liaise with the Department of Industrial and Employment Relations, Malta - DIER and JobPlus, to notify about such workers, fill in the appropriate forms and submit the required documentation; and must provide copies of such notification forms to the Authority.

11.8 The equipment, which the Contractor has at the site, shall be deemed to be for the purpose of carrying out the works. The Contractor shall not be entitled to remove it without the written consent of the Supervisor unless he shows that the said equipment is no longer required for the performance of the works.

11.9 11.10

The Contractor shall whenever required by the MAAA Project Architect, submit details of the arrangements and methods that the Contractor proposes to adopt for the execution of the Works. No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Supervisor.

The Contractor shall prepare detailed construction drawings required for the Permanent Works. The Contractor shall be responsible for these detailed construction drawings and it shall, when the works are completed, be fit for such purposes for which the part is intended as specified in the Contract.

11.12 Further to the provisions of the General Conditions, the Contractor shall: Use reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to avoid danger to these persons; Provide fencing, hoarding, lighting, guarding, and watching of the Works until the issue of provisional acceptance certificate under Article 57 (Provisional acceptance). Provide any Temporary Works (including roadways, footways, guards, and fences) which may be necessary, because of the execution of the Works for the use and protection of the public and of owners and occupiers of adjacent land and property.

23

Article 13: Performance Guarantee

13.1 The Contractor shall, within 15 days of receipt of the contract for signature, furnish the MAAA with the original guarantee for the full and proper performance of the contract. The amount of the guarantee shall be €10,000.

The performance guarantee shall be in the format given in the form further below and shall be provided in the form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility criteria applicable for the award of the contract.

13.9 Saving any claims thereon, the Performance Guarantee shall be released by the MAAA

not later than thirty (30) calendar days from the date of issue of the Provisional Acceptance Certificate.

Article 14: Insurance

14.4 The Contractor shall provide and maintain a Contractor’s All Risk Insurance Policy

with a Limit of Indemnity of not less than Five Hundred Thousand Euro (€500,000) while under the same cover he would be obliged as per Item C in the Preliminaries of the BOQs to obtain a separate endorsement from his insuring company that would cover all the requirements laid down in LN 72/2013.

Article 15: Performance Programme (Timetable)

15.1 The Contractor shall achieve completion of the Works within a TOTAL of eight (8)

calendar weeks from the order to start works (and finishes) as outlined below. All works listed below shall overlap one another and must be carried out concurrently where possible as instructed by the MAAA Project Architect. The Bidder may provide a modification to this Sequence and this has to be approved by the MAAA Project Architect.

Works Programme:

Sequence Weeks

1 Preliminary Work and Removal of existing Surface 1 and 2

2 Inspection and rectification (if required) of underlying surface 2 and 3

3 a Laying of new surface 3, 4 and 5

3 b Line Markings 6 and 7

4 Closure 8

15.2 Failure by the Contractor to achieve completion of each phase within the specified

period without an agreed justification with the MAAA Project Architect shall give rise to financial penalties as further stipulated. If, at any time, the MAAA Project Architect gives notice to the Contractor that a programme fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor’s stated intentions, the Contractor shall submit a revised programme within five (5) days, for approval, to the MAAA Project Architect in accordance to this sub-clause.

24

Article 17: Contractor’s Drawings/Diagrams

17.1 The Contractor shall be responsible for the detailed design, means, methods, techniques, sequences and procedures required for the proper completion of the design in accordance with the programme of works or the Site Supervisor instructions.

17.2 Working drawings shall be submitted for the approval of the MAAA Project Architect.

In the event the MAAA Project Architect fails to notify his decision of approval within the deadline referred to in the contract or the approved programme of works, such drawings, designs, documents, samples and/or models shall be deemed to be approved on expiry of the deadline. If no deadline is specified, they shall be deemed to be approved thirty (30) days after receipt thereof.

17.3 Further to what is being stated, the approved working drawings shall be signed or

otherwise identified by the MAAA Project Architect.and may only be departed from on the MAAA Project Architect.'s instructions. Any of the working drawings which the MAAA Project Architect does not approve shall immediately be modified by the Contractor and resubmitted in terms of this Article.

The Contractor shall make any revisions to the drawings as may reasonably be required from time to time by the MAAA Project Architect.including changes resulting from changes to Work and changes resulting from conditions on site.

17.4 The Contractor shall ensure that all portions of the Design are prepared under the

direction of and where appropriate by warranted Architect and Civil engineers or other such professionals as appropriate to the nature of the Design, lawfully authorised to practise their profession.

The Provisional Acceptance Certificate of the works shall be issued upon the submission and approval of the “As Built Drawings”.

Within five (5) weeks from the date of signing of the contract, the Contractor shall prepare detailed working drawings for the approval of the MAAA Project Architect.

The approval of drawings, designs, documents, samples or models by the MAAA Project Architect shall not relieve the Contractor from any of his obligations under the contract.

17.5 The MAAA’s Project Architect shall have the right to inspect all working drawings

relating to the contract at the Contractor's premises at all reasonable times.

Article 18: Tender Prices

18.1 No rectification of prices is allowed.

Article 20: Safety on Site

20.1 Further to the provisions of the General Conditions, the Contractor shall:

Comply with all applicable safety laws and regulation;

Take care for the safety of all persons entitled to be on the Site;

25

Article 21: Safeguarding adjacent Properties

21.1 Further to the provisions of the General Conditions, the Contractor shall avoid the disruption and inconvenience to the day to day business on and around the site, including the coordination with other contractors that may be engaged on or in the vicinity of the site/s, the free movement of traffic and pedestrians, except where this is absolutely unavoidable.

Article 25: Demolished Materials

25.4 The Contractor shall be responsible for the carting away, transport and dumping of any resulting material to an approved dumping site. No material shall be carted away without the approval of the MAAA’s Project Architect. Disposal of debris shall be carried out in an environmentally friendly manner.

Article 31: Commencement Date

31.1 The Contractor must be in a position to commence works three (3) weeks from order to start works which falls on the same day as the Contract is signed.

Article 32: Period of Execution of Tasks

32.1 The Period of Execution of the Works shall be eight (8) calendar weeks from order to start works.

Article 34: Delays in Execution

34.1 34.2

Further to what is being stated in the General Conditions, a daily penalty of € 500 of the contract price per day's delay up to a limit of € 80,000. The penalty shall be charged if the contractor fails to complete works and/or works in progress within the completion period established for each phase, and/or in accordance with the timeframes of delivery, stipulated in the contract agreement.

Article 35: Modification to the Contract

35.1 The MAAA Propject Architect has a right to increase or reduce works of a similar nature by a maximum of 30% of the contract value which have become necessary for the purpose of achieving the scope of the contract. These interalia include any archaeological discoveries which may lead to the revision of construction works on site, geological issues, buried utilities and potential abnormal sea water seepage due to bed rock being fully saturated. Before ordering additional works the MAAA Project Architect shall obtain the written approval of the MAAA for the rates to be used.

35.2 The MAAA Project Architect will have the right to instruct additional works up to a maximum of 10% of the contract value which have become necessary for the purpose of achieving the scope of the contract. Before ordering additional works the MAAA Project Architect shall obtain the written approval of the MAAA for the rates to be used.

26

Article 39: Quality of Works and Materials

39.1 Further to the General Conditions, the Contractor is to ensure that the works are carried out in a safe manner in line with environmental constraints and in line with all local legislations.

40.1

Article 40: Inspection and Testing Further to what is being stated, the Contractor is to ensure that adequate sampling and testing at an IAAF Approved Laboratory for Class I Certification is carried out to guarantee the highest levels of quality for all components of the Works and their respective constituent parts are maintained. The Contractor shall undertake measures during the execution to ensure that all work, materials, components, systems and constituent parts of the Works are free from blemishes or defects, of a suitable quality and fit for the intended purpose. All works shall be subject to inspection by the MAAA Project Architect and/or any of his representatives as required ensuring quality control. All expenses in respect of IAAF Certification are to be borne by the Contractor.

Article 43: Payments: General Principles

43.1

Payments will be made in Euro.

43.2 Payments shall be authorised by the MAAA, and paid by the MAAA’s Treasurer.

43.3

Payments shall become due in accordance with the following Schedule:

20% of the Contract Value shall be forwarded against a guarantee of the equivalent amount of pre-financing. Such a guarantee will be released upon completion of 75% of the Total Contract Value;

Up to a maximum of 65% of the Contract Value payment shall be affected on a fortnightly basis for measured works less 5% retention money.

The MAAA shall release the remaining 15% of the Contract Value amount on receipt of IAAF Certification.

43.4 Upon a payment becoming due, the Contractor shall notify the MAAA Project

Architect in writing and the latter shall make such verifications as may be deemed necessary and shall, within five (5) working days, instruct the Contractor to present the relevant invoice to the MAAA together with a Payment Request as well as a report of the works carried out.

27

43.5 The Contractor shall submit a request for payment to the MAAA Project Architect for Certification. The request for payment must be submitted on the agreed form showing in detail the amounts to which the contractor considers himself to be entitled together with supporting documents which shall include the following;

Covering letter by the Contractor indicating type of payment and amount claimed and the list of documents attached;

Measured and Certified Bill of Quantities with appropriate take offs that will permit checking by the MAAA Project Architect;

Quality assurance document including manual of procedures and testing results and certificates for all materials in accordance to frequency of testing as per specifications and as endorsed by the MAAA Project Architect;

Interim progress Update - Progress report of the works completed up to the interim Bill. The progress report shall be in the form of an update of the latest baseline programme of works and shall include at least the baseline start date, baseline duration, baseline finish date, actual start dates, actual durations, percentage completion, actual finish dates and remaining duration for each activity. Every update shall be numbered as an interim progress update according to the definitions in the contract;

Drawings in an appropriate scale indicating with an appropriate colour/legend the location of the measured works of the respective interim bill;

Invoice for the works.

Article 45: Retention Monies

45.2 Pursuant to Article 43.1 hereto, the MAAA shall withhold a 5% Retention Monies from all payments, within one (1) week from the issue of the Provisional acceptance the Contractor shall furnish the Contracting Authority with a Retention Guarantee for the same amount and the remaining balance is payed to the Contractor. The Retention Guarantee will be released upon issue of Final Acceptance Certificate. The Final Acceptance Certificate will be issued five (5) years from the issue of the Provisional Acceptance Certificate. The MAAA shall undertake to release Retention amounts withheld not later than fifteen (15) calendar days from the submission of the Guarantee.

28

47.2

Article 47: Measurement The works shall be measured as detailed in the Bill of Quantities. The frequency and methodology for the measurement of the works shall be established between the Contractor and the MAAA Project Architect at the start of works. The Contractor shall inform the MAAA Project Architect in the possibility that a work item conceals the previous item. All measurement shall be checked by the MAAA Project Architect. The Contractor shall inform the MAAA Project Architect before concealing any works through written notification that the MAAA Project Architect has taken or confirmed measurement of the works to be concealed. Failure of such notification shall entitle the MAAA Project Architect to revise measurements of covered items as he deemed fit. The Contractor’s Architect and/or Quantity Surveyor must be continuously present during the measurement of works.

Article 57: Provisional Acceptance

57.1 The Provisional Acceptance Certificate shall be issued not later than thirty (30) days from completion of all Works on the site including:

Remedy of all defects;

Completion of all outstanding or unfinished work;

Upon the submission and approval of the “As Built Drawings”.

Article 58: Maintenance Obligations

58.1 The Contractor is to maintain his obligations as included in the Technical Bid.

60.1

Article 60: Breach of Contract Further to what is being stated, the damages to which the MAAA is entitled for the following breaches are being specified as follows:

Failure of Key Experts to attend meetings: € 100/occurrence.

Non-compliance with Administrative orders: € 100/non-compliance.

Absence of Contractor’s Site Manager of Works from site of works - € 100/day in which the Contractor’s Architect is absent from the site of works and/or in which the provisions of work or rectification of works have not been fulfilled by the Contractor.

Failure to submit and maintain drawings:- € 1,000/day.

Infringements from Health and Safety Requirements: € 1,000/each Health and Safety report revealing infringement.

Failure to submit all drawings and complete all obligations within 8 weeks from the issue of the Partial Acceptance Certificate - € 1000/day.

29

Article 66: Dispute Settlement by Litigation

66.1 If no settlement is reached within 120 days of the start of the amicable dispute-settlement procedure, each Party may seek:

either a ruling from the Malta Courts, or

an Malta Arbitration ruling, in the case where the parties, i.e. the MAAA and the Contractor, by agreement decide to refer the matter to Malta Arbitration Centre.

Article 70: Further Additional Clauses

70.1 70.2

Prospective bidders are to consult and familiarize themselves with the IAAF (International Association of Athletic Federations) https://www.iaaf.org/about-iaaf/documents/technical and specifications of the materials employed and technical specifications required in the execution of an eventual contract awarded. The certificates in conformity with the specifications referred to para. 1, pertaining to the supply of material to be used, are to be an integral part of the submission of the tender application

30

SECTION 4 – TECHNICAL SPECIFICATIONS/TERMS OF REFERENCE

GENERAL

Scope of Work

The scope of work of this contract consists of and the supply and installation of a new rubber

surface, including the warranting of all materials and products, including all labour,

superintendence, equipment, temporary power, transportation, lighting, plant, and tools related

to the construction of the work as herein specified and shown of the drawings.

The specific scope of work consists of the following:

i. The scarifying of the existing rubber surface and of a cemented 100 metre long lane.

ii. The supply and installation of approximately 8,500m2 of a synthetic running track

surfacing, including the laying of the same synthethic surfacing on to a new lane 9 (final

100m runup) as detailed herein. The Contractor will be responsible to furnish enough

material to complete the works and therefore accurate measurement before ordering of

material will be responsibility of the Contractor, in agreement with the MAAA’s Project

Manager. The product supplied shall be either :

a two colour 13mm cast-in-place full-pour polyurethane system with a broadcasted

rubber granule surface over an existing base. All products must be IAAF approved.

OR

a two colour 13mm prefabricated rubber sheet goods system over an existing base. All

products must be IAAF approved.

All products must be able to pass IAAF in-situ testing requirements for Class I

Certification.

iii. Construct a Long and Triple Jump facility complete with runnup and two sandpits on either

side, parallel and next to the existing Long and Triple Jump facility, as per IAAF Competition

Note: Where in this tender document a standard, label or brand is quoted, it is to be understood that the MAAA will accept equivalent standards, labels or brand. 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 MAAA.

31

Standards.

iv. The accurate surveying and layout of the specified work program, including the painting

of lines and event markings on the synthetic running track surface and adjacent areas as

per the drawings and specifications herein. All lines and event markings are to be

Certified by the IAAF as per the drawings and specifications herein.

v. The painting of Event Labels on the synthetic running track surface identifying all event

lines and markings.

vi. Provide a flood test and a planarity review of the completed Work.

vii. The provision of the IAAF in-situ testing that is a part of the IAAF Class 1 certification

process.

In completing the works, the Contractor must ensure:

Protection of the natural turf on the track oval infield and the other Stadium Campus

areas from contamination and damage from the processes of the work.

Complete site clean-up is required upon completion of the Work.

MATERIAL REQUIREMENTS

All materials used are to conform to the IAAF List of Certified Track Surfacing Products that are to be

found in the document ‘IAAF CERTIFICATES - Certified Track Surfacing’ in the section ‘CERTIFICATION

SYSTEM’ and that can be retrieved from: http://www.iaaf.org/about- iaaf/documents/technical.

All white line marking should conform to IAAF Rule 160 of the document ‘IAAF Competition Rules

2014-2015’ in the section ‘RULES’ that can be retrieved from: http://www.iaaf.org/about-

iaaf/documents/rules-regulations.

The sand must (to avoid hardening as a result of moisture) consist of washed river sand or pure quartz

sand, without organic components, maximum 2mm (diameter) granules, of which not more than 5% in

weight is less than 0.2mm (diameter) or equivalent.

WARRANTY

32

Warranty should be provided against (reported and confirmed) installed material failure and

installation defects for a period of five (5) years.

Geographical Area to be covered

The geographical location of the site is at the Matthew Micallef St.John Athletics Stadium in Marsa.

Please refer to Appendix A I and A ii for the project site plan and measurements.

Preamble to the Technical Requirements

The Contractor shall assume full and sole responsibility and accountability for the application of and

abidance by the standards, laws and regulations applicable to and in any way regulating the Works

under this contract. All contract rates shall therefore be deemed to include for the assumption of all

these responsibilities and for the implementation of obligations emanating there from.

The Contractor shall be responsible for:

Procurement of any statutory works permits/licenses and other necessary authorizations to

carry out the Work assigned;

Implementation and upkeep of appropriate traffic management plans, and health and safety

management;

All necessary construction works as well as commissioning of the Work in accordance with

approved plans, permits and contract commitments as applicable to the Work;

Any remedial measures to the completed Work to ensure its satisfactory performance after

completion.

In general, all materials to be incorporated into the Works shall be the best of their respective kinds,

free from damage, blemishes or any other defects that may compromise their integrity, appearance,

performance or durability.

The Contractor shall implement any and all necessary measures to comply with the Construction Site

Regulations, Health and Safety Requirements and any other statutory requirements relating to

Construction/Building Works arising under the Laws of Malta.

In addition to following the requirements outlined in these specifications, the Contractor and the

Responsible Perit shall ensure that Works are carried out in full conformity with the provisions and

conditions of relevant Planning Permission issued by the PA including any and all approved documents

including the Drawings and the Method Statement related to same.

The Specifications are to be read in conjunction with the other documents included in the Technical

Requirements, the Conditions and Special Conditions and the Bills of Quantity. Any works, materials

33

or portion thereof that is/are deemed by the Supervisor to be not in compliance with the

requirements outlined in the Tender Documents shall be replaced at the Contractor’s expense.

Works and operations shall be regulated by the following:

The provisions of Act XXVII of 2000 (Occupational Health and Safety, Authority Act 2000), as well as

any other national 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.

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.)

mm means millimetre

m means metre

mm² means square millimetre

m² means square metre

m³ means cubic metre

kg means kilogram

to means tonne (1000 kg)

pcs means pieces

h means hour

L.s. means Lump sum

km means kilometre

l means litre

% means per cent

N.d means nominal diameter

m/m means man-month

m/d means man-day

Programme of Works and Method Statements, etc.

The Contractor shall be responsible, for continuously updating the project plan and Programme of

Works (and update when required) and prepare status reports (in addition to the reports requested in

Article 43) as requested by the Contracting Authority for reporting purposes.

Services

34

Work carried out to or affecting new and/ or existing services have to be carried out in accordance

with the byelaws and/or regulations of the relevant Statutory Authority.

Location of Services

Services affected by the works have to be located and marked in coordination and liaison with the

respective service provider and (temporary) removal thereof.

Services Disconnection Arranged by Contractor

Arrangement shall be made with the appropriate authorities for the disconnection of services and

removal of fittings and equipment owned by those authorities prior to starting works, if at all

required.

General Site Management Practice & Other Requirements

Attend the site to review and acceptance in writing, in the presence of the M A A A Consultant,

the base and adjacent concrete curbing planarity. All costs for attending this review are the

responsibility of the synthetic running track surfacing Contractor.

The site is accessible from Qormi through Triq Ta’ Ceppuna. The site extent is shown in Appendix A i

attached to this tender document.

Details of the facility in its current state are demonstrated in Appendix B.

The Contractor shall ensure that all protective measures deemed necessary by the Site Supervisor are

adopted and no damage is done to the other existing structures.

The Contractor shall abide strictly with all instructions or guidelines issued by relevant authorities or

body depending on the exigencies, in connection with site management and construction traffic. For

this purpose, the Contractor shall be required to have a permanent representative on site, authorised

to receive instructions and to act upon them.

For limitations on the use of the site, refer the following sections:

Site Constraints

Programme of Works

Fencing, Gates and Stiles

The Contractor shall take into account the issues of limited access into the Site.

The Contractor shall take all necessary steps to ensure that the external areas and access roads are

35

left clean and tidy during all stages of work.

Heavy construction vehicles shall be confined to specific routes to the site and around the site itself.

The Site Supervisor shall be informed of any unrecorded voids, tanks, chemicals, etc. discovered

during works, and the Contractor shall agree with the Site Supervisor on methods for safe removal,

filling, etc.

Setting Out

The Contractor shall be responsible for the necessary setting out. The Contractor shall liaise with the

Site Excavation Contractor to set out the excavation as necessary including excavation to the

required depth and profile.

Preparation and Submission of Drawings

The contractor shall on completion of works and prior to the issue of the Provisional Acceptance

Certificate, submit to the Site Supervisor a set of as-built drawings.

This documentation shall form part of the building file to be submitted to the Site Supervisor on

completion of works.

A digital copy of the required drawings will be provided by Site Supervisor in AUTOCAD compatible

versions; however these might require amendments and updating.

Prior to the certification of works the contractor shall submit to the Site Supervisor two printed

copies (in colour) in scale 1:100 or as requested by the Site Supervisor and a digital copy (AUTOCAD

compatible).

Workmanship

The workmanship for all elements shall be in accordance with BS 8000 Workmanship on Building Sites,

where applicable, Malta Standards Authority Standards, (MSA-EN Standards), European Standards,

(Harmonised EN-Standards, or European Technical Approvals), or International Standards (ISO

Standards), in this order of priority, shall be used to determine satisfactory performance, unless

otherwise indicated in the Specification.

All standards referred to in this document shall be superseded by the latest standards published.

Any topsoil, and original horizontal surfaces, shall be protected against adulteration with subsoil,

36

rubbish, stone or hardcore, and protected against contamination by petrol, oil, lime, cement or other

injurious substances.

The Contractor shall ensure that all chemical agents to be used shall not leave behind harmful by-

products such as soluble salts, nor leave behind a more uneven surface and be applied according to

the guidelines recommended by the manufacturer.

Operatives

Operatives shall be skilled and experienced with the materials and procedures required for the types

of works specified.

The Operatives must hold relevant Certificates of Competence.

Site staff responsible for supervision and control of the work is to be experienced in the assessment

of the risks involved and in the methods and works to be carried out.

The Contractor shall provide evidence of training and previous experience of operatives to the Site

Supervisor on request.

Materials and Components

Any Site Supervisor’s components and materials taken from the Site are to remain the property of the

Site Supervisor unless specifically instructed in writing; they shall be carefully removed and stored on

site as directed, and protected until removed by the Site Supervisor or re-used in the Work.

All materials resulting from the gutting out, cleaning works, demolition works and restoration works

shall be carted away in rubber-tyred wheel-barrows and/or rubber-tyred shovels/bob-cats,

transported out of the Site, and dumped in an approved dumping site. All dumping fees, and other

expenses, shall be included in the rates for works, as the case may be.

Cleanliness

Cleanliness is essential for all work. The Contractor shall comply with the following general

procedures:

The Contractor shall not permit contact between different types of adhesives, plasters and

other materials which are not compatible.

The Contractor shall keep tools and mixing/handling equipment clean.The Contractor shall

remove all traces of each batch of mixed materials from containers, before adding a fresh

37

mix.

The Contractor shall not permit wet materials to splash, or otherwise, adhere to, or

contaminate other surfaces, but shall mask surfaces where and as necessary. The Contractor

shall take special precautions to avoid contact with glass.

The Contractor shall ensure completed work is kept clean.

Construction Waste

Construction waste shall be covered and properly contained to limit dust propagation, and to reduce

the potential for accidental damage to the historic fabric. Construction waste shall be collected in

covered skips in specific areas, easily accessible to the waste disposal vehicles. Skips shall be

removed on a regular basis, and not permitted to say on site for periods of longer than one week,

except that materials that may have potential for re-use or re-cycling shall be maintained on site,

albeit in an orderly fashion.

The disposal of hazardous waste shall be carried out in accordance with procedures approved by the

EPD (Environment Protection Department) and PA (Planning Authority). Any hazardous material shall

be notified to the Environment Protection Department, and shall be transported in accordance with

the relevant Regulations. Hazardous wastes shall be as defined by Directive 2014/955/EU. Relevant

hazardous wastes include petroleum tank bottom sludges, waste acidic or alkaline solutions, wastes

containing metals, waste hydraulic, engine, or bilge oils, degreasing agents or solvents, discarded

equipment containing PCBs (Printed Circuit Boards) or asbestos, waste explosives, batteries and

accumulators, soil, stone or construction and demolition waste containing dangerous substances, and

insulation material containing asbestos.

Burning of waste plastics and wood on site shall not be allowed.

Waste oils shall be collected in accordance with national regulations, and other construction waste

disposed of in accordance with the indications of the EPD

All activities producing dust shall be controlled, and measures such as spraying with water shall be

used to ensure that the emitted dust is minimised. Dust-laden materials shall be removed from the

site, and transported through public thoroughfares, only after thorough watering before leaving the

site. Dust covers, of appropriate material, properly secured along all sides, shall be used on all open-

topped vehicles used for the transportation of rubbish or debris from the site.

Control of Noise and Vibration

All plant shall be operated with any relevant equipment doors closed, and shall be fitted with

silencers and noise suppressors as much as possible.

38

All plant and site operations will be required to conform to BS5228. The Contractor shall select and

utilise methods of working, and items of plant, so that the maximum measured ground vibrations do

not exceed a peak particle velocity of 3mm per second at any occupied property, and 5mm per

second at other properties, or any values indicated by the relevant Authorities.

Defective work and materials

All rejected work shall be removed and replaced using new materials at the Contractor’s expense.

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 Site Supervisor.

Completion

Upon the issue of any Provisional Acceptance certificate, the Contractor shall clear away and remove

from that part of the site to which such Provisional Acceptance certificate relates, all Contractors’

Equipment, surplus material, rubbish and Temporary Works of every kind, and leave such part of the

Site and Works clean and in a workmanlike condition to the satisfaction of the Site Supervisor.

Provided that the Contractor, shall be entitled to retain on Site, until the Defects’ Liability Period,

such materials, Contractor’s Equipment and Temporary Works as required by him for the purpose of

fulfilling his obligations during the Defect’s Liability Period.

Health and Safety

General

All works will be in compliance with the regulations of Health & Safety and any other applicable

regulations and Codes of Practice.

All works will be in compliance with the approved Health & Safety Plan, which shall be updated

accordingly depending on the changing site conditions and constraints.

Site specific risk assessment will be undertaken and if significant hazards are identified a specific risk

assessment will be undertaken and recorded.

Control measures will be implemented as required in response to specific hazards.

The Contractor’s Qualified Health and Safety Coordinator, approved by Health and Safety Authority,

39

shall sign notification forms necessary for H&S Authority as supervisor in charge of Health and Safety

Issues. He shall carry out continuous risk assessments and be answerable to both Contracting

Authority, and the contractor.

Health and Safety Coordinator

The Contractor shall be required to appoint, from amongst his workforce on site, a Health & Safety

Co-ordinator, responsible for coordinating with the Site Supervisor, appointed in accordance with the

Occupational Health and Safety Authority Act, (Chap. 424 of the Laws of Malta). Site management

and works should be in accordance with the Occupational Health and Safety Authority Act, (Chapter

424 of the Laws of Malta and relevant regulations including L.N. 281 of 2004, L.N. 36 of 2003 and

LN426 of 2007.

The Health and Safety Coordinator shall have as an On-Site Reference a Health & Safety Plan with the

following objectives:

to identify the hazards associated with the works process, to identify procedures to reduce

the hazards to a minimum, and

to establish procedures to be adopted in the case of accidents.

The Health and Safety Coordinator shall be responsible for continuously ensuring that all sub-

Contractors and employees know, and comply with safety rules, for excluding unauthorized persons

from the work area, for displaying notices of work, and ensuring that the necessary health and safety

measures are being observed by anyone working on or accessing the site.

He shall also be responsible for notifying all relevant authorities of any accidents, and for reporting

to the Contractor and the Contracting Authority on all such incidents.

The Health and Safety Coordinator shall, during the project execution stage:

co-ordinate implementation of the general principles of prevention and safety;

co-ordinate implementation of the relevant provisions in order to ensure that employers, and

if necessary for the protection of workers, self-employed persons, follow the health and

safety plan;

make, or cause to be made, any adjustments required to the health and safety plan;

co-ordinate arrangements to check that the working procedures are being implemented

correctly; and

take the steps necessary to check that only authorized persons are allowed onto the

construction site.

First Aid Facilities

The Contractor shall provide first aid facilities on the site, and shall be required to respect

40

designated emergency access routes defined in the Health and Safety plan.

Temporary electrical installation

Any temporary electrical installation on the Site shall meet the requirements of the IEE Regulations

for Electrical Installations, and of the EneMalta Regulations.

In particular, IEE Regulations paragraph 604, and specifically:

604-03 Protection for Safety;

604-04 TN System (an IT System of supply shall not be used);

604-08 Provision of RCD;

604-09 All switchgear must be P55;

604-10 No wiring system shall have strain placed on the termination of conductors;

No cable shall be run across access roads where cranes and other earth- moving equipment shall be

passing;

604-11 Isolation and switching shall be applied.

The above shall not apply to any site offices, meeting rooms, changing rooms etc., where the general

provisions of the Regulations shall apply

Any temporary electrical installation shall be certified by an independent warranted electrical Site

Supervisor and the certificate shall be affixed in a prominent position next to the Main Temporary

Switchboard.

Failure to comply, or to update this certificate, will lead to an automatic penalty of €250 per day.

Programme of Works

The Contractor shall provide a detailed Programme of Works in the form of a Gantt chart (Project

Management Software) produced as a result of a ‘critical path analysis’. It shall show the level of

detail appropriate to each stage of the Works and all activities and constraints, each of which shall be

given a short descriptive title. All events shall be numbered and annotated with earliest and latest

event dates.

At the time of presentation of the programme, the Contractor shall also provide a mass-haul diagram

showing his intended earthworks movements and locations and capacities of anticipated plant and

other material resource/s input.

Fencing, Gates and Stiles

The Stadium’s permanent fencing/hoarding shall be used to close off any area of construction works

41

being carried out during any particular phase of work. The Contractor shall maintain the state of

installation of this fence for the whole duration of the excavation works.

The Contractor shall also allow entry to authorised personnel only. The Gate shall be securely locked

during night hours and when the site is not in use by the Contractor’s representative. The areas

surrounding the gate shall be left unobstructed at all times.

Tests to be carried out by the Contractor

The selected Contractor must submit complete product specifications. Provide test results that

indicate that the product meets the IAAF tests for shock absorption, deformation, slip

resistance, tensile properties, and thickness.

The existing base and concrete curbing shall be reviewed for planarity and suitability by the

Contractor in the presence of the Supervisor and the MAAA Consultant. The Contractor will

provide a flood test of the base and a two man crew with a 4000mm straight edge and a 1000mm

straight edge and a can of spray paint. The base surface must not deform under a 4000mm

straight edge in any direction by more than 4mm, nor under a 1 metre long straight edge in any

direction by more than 2mm. No bird-bath is to have a depth greater than 2mm. Any repairs

required will be re-flood tested and also checked with the appropriate straight edge to confirm

the repairs meet the requirements of the specifications. All repairs must be given a minimum of

21 days curing time prior to the application of the synthetic running track surfacing.

The completed synthetic running track surface shall be reviewed for planarity by the Contractor

in the presence of the MAAA Consultant. The Contractor will provide a flood test of the synthetic

running track surface using two water trucks in tandem. The Contractor will provide a two man

crew with a 4000mm straight edge and a 1000mm straight edge and a can of wash-off spray

paint. The synthetic running track surface must not deform under a 4000mm straight edge in any

direction by more than 4mm, nor under a 1 metre long straight edge in any direction by more

than 2mm. No bird- bath is to have a depth greater than 2mm.

The organization, implementation and costs of both the flood tests and the planarity testing are

the responsibility of the Contractor.

Any repairs required must be re-flood tested and the organization, implementation, and costs of

the re-testing shall be at the Contractor’s expense. If more than 20% of the running track surface

requires remedial repair, the Contractor will be responsible for the installation and costs of an

additional 3mm flood and chip surface over the entire running track surface with new material

installed according to this specifications. For sheet goods, the area out of tolerance must be

removed, the sub- base made level with the manufacturer’s recommended adhesive, and then

new material installed. Every repair area calculation will include one metre beyond the edge of

42

the repair area.

Temporary Accommodation and Equipment

The position of Contractor’s Site Office shall be in a manner which does not obstruct the entrance to

the construction site. The Contractor On Site Accommodation shall include offices, workshops,

storage facilities, sanitary facilities, staff changing and rest areas as per the below:

Sanitary Facility x 1 (including minimum facilities)

Materials Storage x 1 (including minimum facilities)

Internal width 2.2m Internal height 2.7m Internal area 8m2

Kitchenette x 1 (including minimum accessories/appliances)

Internal width 2.2m Internal height 2.7m Internal area 8m2

General

Potable water, hot water (sanitary and kitchenette) and foul water connections (to public sewer or

approved equivalent alternatives);

Electrical supply – 6 nos. double socket power supply per office, emergency lighting (min. 2hrs),

internal double-pole main switch (RCB protected), external weatherproof distribution box, external

weatherproof twin socket, external security lighting, natural ventilation, air-conditioning and

mechanical air exchange vents.

Communications - 2 nos. mobile telephone services (ie two different numbers and two sets of mobile

phones).

The on-site accommodation shall satisfy all the relevant requirements of current legislation on

sanitation, health and safety.

Duration

The accommodation and equipment is required and shall be maintained for the whole duration of the

Contract inclusive of any period of time required for the rectification of defective works.

CIVIL WORKS (If and when required) General

43

All masonry works shall be carried out using whole building units (bricks or blocks) except in specific

cases where a shorter horizontal length is required to achieve parity with adjacent courses at the

start or end of a course, at corners or aperture jambs. Use of off-cuts and sections of units smaller

than half a unit shall, in general, be disallowed. All new structures or additions to the building shall

be constructed in concrete brickwork masonry whilst modification of existing structures shall be in

franka limestone.

Workmanship

The standard of workmanship shall be in accordance with these Technical Requirements and the

relevant clauses of BS EN 1992-1-1:2004+A1:2014 (which replaces BS 8110), provided that the relevant

clauses of any subsequent applicable EN Codes of practice shall take precedence if available.

Standards of workmanship shall comply with any and all statutory requirements.

Proprietary products and materials shall be used in accordance with the Manufacturer’s written

instructions.

General

The stones shall be checked when delivered on site to ensure that they are:

Undamaged or have edges and corners chipped.

Of the specified dimensions and geometry.

Worked so that the material bed is normal to the load.

Worked so that joints are at right angles to the pressure exerted.

Masonry shall be kept dry, handled by hand or tackle, crane and other suitable mechanical aids.

Staggered Courses

Joints shall be staggered from one course to the next, with vertical joints displaced by approximately

half the length of a building unit between one course and the one above.

Footing and course height

Where a new structure is to be tied to a part of the existing structure, a minimum footing of not less

than 100mm is to be provided at every alternate course. Course heights of any new structures are to

44

be matched with those of the existing structure to which they are tied. Walls at right angles to one

another shall be properly bonded by forming toothings in every alternate course.

Mortar Joints

Mortar (tajn) between masonry units shall be laid in a uniform continuous pile along the whole

horizontal length of the building unit in the case of franka masonry and in a uniform continuous pile

along the whole horizontal edge of the brick in the case of concrete brickwork so as to ensure a

continuous unbroken horizontal mortar joint. Similarly, vertical joints shall be made up of a

continuous layer of mortar between adjacent units. The practice of placing of individual piles of

mortar at either end of the horizontal surface of the (franka) unit or along part of the outer edge

(concrete brickwork) or along only a portion of the vertical face shall not be accepted.

Mortar for Construction

Mortar used in construction shall have a mix proportion of 1 part of cement to four parts aggregate by

volume. Aggregate shall be made up of fine sand (ramel fin) and limestone dust (xahx tal-inġara) in

the proportion of one part of sand to two parts limestone dust by volume. Water content in the

mortar mix shall be kept to the minimum necessary to allow workability and in general should

preferably not exceed three quarters ¾ of the cement content by volume.

Mortar shall be mixed using fresh, dry ingredients first mixed dry with the water added later and re-

mixed to a uniform consistency. Mortar batches shall be used within a half hour of being mixed.

Partially set mortar or mortar which exceeds its usable time shall be discarded. Addition of discarded

mortar materials into fresh mixes shall not be allowed.

Mortar mixed for use in Limestone (franka) construction that is to be left in its natural (exposed)

finish shall have its Ordinary Portland Cement component substituted with one part White Cement

(siment abjad) and one part Lime (ġir).

Pointing Mortar

Mortar to be used for pointing of exposed natural (franka) limestone shall be made up of one part

White Cement and one part Lime to four parts limestone dust (xaħx tal-inġara) and two parts fine

sand.

Brickwork Construction

All new construction in hollow concrete brickwork which exceeds a height of six (6) metres shall have

the hollow cavities of the bricks filled with mass concrete. Filling shall take place at every four

45

courses and shall be left at least 100mm to 150mm short of the upper surface of the top course so as

to ensure a better joint with the next four filled courses. Concrete used in filling of bricks shall be of

a minimum C25 of better.

Stone Masonry

Limestone blocks shall be of the best quality and shall be obtained from approved sources. These

shall be free from all defects, including but not limited to, blue marking (swaba), any defects on the

exposed face or chipped corners and edges. The Architect-in-Charge shall have the power to reject

defective limestone or instruct the Contractor to remove and replace such work at the contractor’s

expense. The Contractor shall be responsible for replacing any defective materials in all or parts of

the existing works by proper materials and/or workmanship as directed by the Architect-in-Charge.

Cutting into masonry walls shall be subject to the following conditions:

Delay cutting until the mortar has hardened;

Obtain approval to cut into load-bearing walls;

Obtain approval to cut holes greater than 300mm square;

Perform cuttings in a manner that involves minimal vibration to the wall;

Do not chase any walls less than 75mm thick;

In solid walls do not chase deeper than one-sixth wall thickness at any point when horizontal

or one-third at any point when vertical;

Do not allow chases to be located back to back in any wall;

All the chases required for the fixing of woodworks, etc, shall be cut where and as directed by

the Architect-in-Charge;

46

Concrete Blockwork

For the sake of this specification, the standards referred to below are deemed to be the latest

available. Notwithstanding, the latest EN standards shall be used.

General Requirements

Comply with BS 5628 subject to any specification given below.

Concrete blocks shall be factory produced and cast under appropriate hydraulic pressure or by other

approved methods.

The material for all concrete blocks shall be mechanically batch mixed

Precast concrete blocks shall comply with MSA EN 771-3:2011+A1:2015 and MSA EN 772-

2:1998/A1:2005 and shall be manufactured using Ordinary Portland Cement as elsewhere specified,

and dense natural aggregates to MSA EN 12620:2002.

Block size and strengths

Block sizes shall be in accordance with local building trade practice. The cast faces of concrete blocks

as produced from the factory shall be adapted to accommodate both plastering and rendering.

Concrete blocks shall have a minimum compressive strength of 7.0N/mm2 for 230mm units and

5.5N/mm2 for 150mm units.

Casting and curing blocks

Pre-cast concrete blocks shall be manufactured using state of the art machine or vibrating tables.

Blocks shall be true in shape, even in size, square with sharp arises and free from flaws and holes.

After removal from the machine the blocks shall be laid on their pallets under cover in separate rows

one block high for a minimum of 24 hours and kept wet by watering with a fine spray. The blocks may

then be removed from their pallets and shall remain under cover and be kept wet by watering for a

further period of six days after which they may be stacked not more than five high until required for

use. Blocks shall not be built into the works until they are at least 21 days old.

47

Materials for Mortar

Water

Clean and free from harmful matter in such quantities as would adversely affect the properties of the

mortar. Test as directed any water not obtained from the mains.

Calcium chloride Not permitted

Storing and Handling Materials and Component

Blocks

Concrete blocks shall be delivered to Site either paletted, bundled loose or protected. When blocks

are delivered on Site they shall be unloaded in such a way as to avoid damages. Stack on a dry level

surface in a manner that permits free air circulation. Prevent contact with soil, clinker and ashes.

Protect from rain.

Cement, Sand and Lime

Store bulk cement in a clean and efficient silo. Store bagged cement as follows:

In a dry weatherproof building with raised floor.

Stack each type of cement separately not more than 8 bags high.

Cover each stack with polythene in close contact, mark with date of delivery and use in order of

delivery.

Do not store on site for more than 4 weeks.

Visually check sand upon delivery to site and before tipping. Store as follows:

On hard clean free draining base, draining away from the concrete mixing area.

In flat topped heaps protected from leaves, other contamination, heavy or continuous rain.

Allow to drain 16 hours before use.

Coarse stuff

Store lime/sand mixes on a hard impervious surface and protect from rain and drying out.

Damp proof course

Store rolls on end on a level surface. Store preformed dpc’s in a manner that will protect them from

distortion.

48

Movement joints

Form specified joints as the work proceeds, and in such a manner that the full width is maintained at

every point and the space is kept free of mortar or debris.

Grouting

Mix grout in accordance with the specification for mortar, adding only enough water to make a

pourable mix suited to its application in the Works.

Concrete for infilled blockwork

Infill to concrete blockwork to be grade C20 concrete with stone aggregate ranging from 9- 12mm

thickness and a minimum Ordinary Portland Cement content of 300kg/m3, sufficient slump to

completely fill the blockwork cores and a minimum compressive cylinder strength of 20N/mm2.

Concrete shall be carefully poured into the blockwork cores with minimum spillage, and compacted

using a 25mm diameter rod. Infilling shall be carried out at heights not exceeding four courses, prior

to proceeding with erection of subsequent courses.

Concrete

General

Concrete shall conform to BS 8500-2:2015

Procedures for producing concrete shall be in accordance with MSA EN 206:2013 and BS 8500- 2:2015

Section 13. Procedures for ensuring conformity of concrete shall be in accordance with MSA EN

206:2013 and BS 8500-2:2015 Section 12.

The Contractor shall submit, as appropriate, details of the proposed concretes in accordance with

MSA EN 206:2000 Clause 7.2 and BS 8500-1:2006 Clause 5.2 to the supervisor.

The chloride content of the proposed concrete including chlorides contained in the admixtures shall

be limited by MSA EN 206:2013.

Calcium chloride shall not be included in any concrete.

Sulphate content shall be restricted to 4% by mass in accordance with BS 8500-1:2015 Annex

A.7.4 and A.7.6.

No additions or changes to the fresh concrete shall be made after batching, without prior agreement

of the Site Supervisor.

49

Daily maximum and minimum atmospheric shade temperatures shall be recorded using a calibrated

thermometer(s) located close to the structure.

Recycled aggregate and recycled concrete aggregate shall conform to BS 8500-2:2015 Clause

4.3.

Supply and transport

All concrete shall be supplied and transported to the point of discharge from the mixer/agitator truck

in accordance with the requirements of MSA EN 206-1:2000/A1:2004 Clause 7 and BS 8500-2:2015

Clause 14. Delivery ticket information shall be in accordance with MSA EN 206-1:2000/A1:2004 Clause

7.3 and BS 8500-2:2006 Clause 11 as relevant and shall be completed and available before discharging

concrete into the structure. All delivery tickets shall be retained by the Contractor until the structure

is handed over to the Employer. Where a ticket is marked “non-conforming” a copy shall be passed to

both the Contractor and the Site Supervisor within 24 hours of placing the concrete.

Non-shrink flowable expansive grout

The non-shrink grout shall be a pre-blended cement based, expansion stabilized, flowable and fibre-

reinforced:

Does not include any aggregates susceptible to Alkali Silica Reaction.

Does not contain chlorides.

Does not exhibit any shrinkage after initial expansion.

The grout shall be capable of a achieving a compressive strength of 20MPa after 1 day and a

compressive strength of 70N/mm2 after 28 days.

The grout shall be capable of a achieving a flexural strength of 1.5MPa after 1 day and a flexural

strength of 9N/mm2 after 28 days.

Damp Proofing

General Guidance

The installation of damp proofing shall comply with the recommendations in BS8215, 1991, Code of

Practice for the Design and Installation of Damp Proof Courses in Masonry Construction, and BS EN

1996- 3:2006, BS EN 1996-2:2006 and BS EN 1996-1-2:2005, Design of Masonry Structures.

Natural Stone and HCB Walls

Walls shall have a damp proof course of bituminous, polymeric, plastic, rubber or polyethylene

material that will prevent the passage of moisture.

50

The damp proof course shall not extrude under the load and shall not adversely affect the ability of

the wall to sustain and transmit compression loadings.

In the case of an external wall, unless otherwise indicated in the drawings, the damp proof course

shall be at least 100mm above the finished level of adjoining ground or paving.

In the case of external walls with a cavity, the cavity shall be taken down a least 100mm below the

level of the lowest damp proof course or a damp proof tray be provided so as to prevent moisture

passing to the inner leaf.

Any wall between two rooms, on the ground floor level or between an external space and an internal

space, which are not on the same level, shall have a damp proof course at the level of the floor

finishes of the upper and lower room.

Additionally, the vertical face of the wall shall also be protected against moisture penetration by

having vertical damp proofing membrane (continuous with the horizontal damp proofing course) or a

drained cavity.

Horizontal Damp Proofing - Bituminous

Bituminous damp proof courses shall comply with BS 6398, Specification for Bitumen Damp Proof

courses for masonry or Government Notice (Malta) 110 of 1934 (Cap. 10 Sec. 97(1)(a).

Horizontal Damp Proofing – Plastic, Rubber and Polymeric

Plastic, rubber and polymeric damp proof courses shall comply with EN 13967.

Flexible Co- Polymer Thermoplastic (CPT) rolls shall comply with BS 6398, Specification for bitumen

damp proof courses for masonry.

Horizontal Damp Proof Course - Polyethylene

Polyethylene damp proof courses shall comply with BS 6515, Specification for polyethylene damp

proof courses for masonry.

Vertical Damp Proofing – Liquid

This shall consist of a bitumen based solvent free emulsion. The emulsion shall have a minimum solids

content of 55%.

Water Proofing

Material

51

The bituminous membrane shall be of an approved quality, conforming in every respect to the

required specification to meet favourably local climatic conditions, shall long lasting without frequent

need of maintenance, and to reach the scope of waterproofing. To this effect a 10 year guarantee

period against the quality of the bituminous membrane and workmanship is to be undertaken.

The Bituminous waterproofing membrane is to be of the torch welded type, laid on top of a well

primed concrete deck. The bituminous membrane shall have a reinforcing fabric to cater for

longitudinal and transversal stresses accordingly. The membrane shall be of the type that will not

break or crack when bent or upturned and to retain adhesion to the primed surface.

The surface finish must be totally resistant to ultra violet sun rays. The bituminous membrane shall

have the following characteristic:-

Softening and near running point of bitumen 140 deg. C.

Ultimate longitudinal elongation > 50%

Ultimate transversal elongation > 50%

Ultimate resistance due to longitudinal stress > 80kg/5cm.

Ultimate resistance due to transversal stress > 60kg/5cm.

Reinforced with non woven polyester fabric.

Impermeable to water completely.

Minimum thickness ≥4.0mm, weight ≥4.0 kg/m²

A longitudinal strip of membrane free from removable finish of 10cm minimum width, is to be

provided for overlapping purposes.

The type of bitumen offered in the membrane is to be a high quality modified residual petroleum

distillation plant. The bitumen is to have additional plastonomers, and other resin and polymers to

increase flexibility where the chemistry characteristics of the material permit.

The Site Supervisor shall have the power to reject any consignment or part thereof, should the

material supplied fail to conform to the specification or sample produced at tendering time.

The bituminous membrane rolls are to be delivered and stacked in an up-right position without

damage to the edges, which may occur mostly when unloading.

The bituminous membrane is to be properly bonded to the concrete structure and contractor is to

ensure that no peeling of the membrane occurs.

Workmanship

The contractor shall ensure that the following conditions exist:

52

Moisture content of screeds and/or concrete decks is suitable for laying membranes; ensure the

concrete slab is properly drained.

Provision made for releasing any entrapped moisture.

Surfaces free from any irregularity or protrusions that could puncture the membranes.

Surfaces clean and free from any solvents or other potentially harmful contamination.

The contractor shall pour only sufficient hot bitumen in front of the roll to allow a thin strip to be

squeezed out at edges. The contractor shall remove surplus with a scraper and do not permit any

bitumen to adhere to mineral surfaced capping sheets. Pressure shall be applied to the membrane to

ensure full adhesion. The contractor shall employ multiple torch membrane unrolling equipment.

In addition to specified priming, any metal, concrete or cement screed surfaces that are unsuitable

for a satisfactory bond with the hot bitumen shall be primed.

The contractor shall lay the membranes with 100mm minimum side laps and 100 mm minimum end

laps and all laps shall be staggered throughout all layers. The edge layers shall be cut to widths to suit

the side lap pattern. The upper edge of a membrane shall be laid in any lap facing down the fall of

the roof.

The Contractor shall flood areas with clean water and test for leaks and the adequacy of falls and

outlets. He will report any leaks, pounding or inadequate waterways and make good.

53

KEY EXPERTS

Position

Required No.

Minimum Qualifications

Min Years of Professional Experience

Main Deliverables and Responsibilities

Warranted Perit

1 Degree Qualification in Architecture & Civil Engineering – MQF Level 6 including possession of Warrant to practice in Malta issued by the Warranting Board

5 years (without Masters in Civil Engineering) or 3 years (with a Master Degree)

Shall be familiar with the use of construction materials and products complying with environmental criteria and waste reduction Shall be expected to visit the site frequently and coordinate the site operations as well as coordinate meetings with the project stakeholders including external stakeholders. Shall be expected to monitor all construction and other related civil works. Ensures that all works are carried out according to the safety regulations and Contract conditions and specifications.

Project Manager

1 Degree Qualification in a Bachelor’s Degree – MQF Level 6

5 years Responsible for the overall works management and ensures that all Contract Conditions, Drawings and Specifications are adhered to during works. Shall be responsible for continuously updating the project plan and programme of works. Shall be expected to visit the site frequently and coordinate the site operations as well as coordinate meetings with the project stakeholders including external stakeholders. Endorses all requests for payment to Supervisor.

54

SECTION 5 – SUPPLEMENTARY DOCUMENTATION

– Draft Contract Form – Glossary – Specimen Performance Guarantee – Specimen Tender Guarantee (Bid Bond) – where applicable – The full set of General Conditions for Works Contracts (Version 2.0), can be viewed/downloaded from the ‘Resources Section’ at: www.etenders.gov.mt 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).

55

2. Forms to be filled in by Bidders

56

1. Tender Response Form Persons submitting the tender document are requested to indicate (as applicable) the capacity in which they are so acting and fill the Form as indicated: BIDDERS ARE REQUESTED TO TICK ACCORDINGLY AS APPLICABLE AND SUBMIT THE RESPECTIVE DOCUMENTATION AS NECESSARY A. Sole Traders

(i) Sole Trader applying in own name. [No documentation necessary] (ii) Person/s submitting document is appointed to act on behalf of a sole trader. [In this case a power of attorney is to be attached]

B. Partnerships Indicate Partnership Registration No. P___________

(i) Person/s submitting tender is duly authorised by means of the partnership agreement. [A copy of the registered Partnership agreement is to be submitted.] (ii) Person/s is so appointed to appear by means of an ad hoc authorisation. [In this case the relevant appointing document is to be submitted].

C. Limited Liability Company Indicate Company Registration No. C_____________

(i) Sole Director (ii) Person/s submitting tender is so authorised by virtue of the Memorandum and Articles of Association. [A copy of the registered Memorandum and Articles of Association is to be submitted.] (iii) Person is appointed by means of a Board Resolution. [In this case the relevant Board resolution is to be attached].

Name and Surname:___________________________________________________ Designation:___________________________________________ Registered Address:________________________________________________________________________ _________________________________________________________________________________________ VAT Registration No:___________________________ Email:_______________________________________ Mobile Phone No:______________________________ Fixed Telephone No:___________________________ Signature: ____________________________________ (Tenderer’s Authorised Signatory) Date: ____________________________________

57

2. Bidder’s Declaration Form

MAAA 001/2018

I, the undersigned, for and on behalf of Joint Venture/Consortium/Company

……………………………………………………………………………………………………….. whose registered address is

…………………………………………………………………………………………………………………………………………………………

hereby declaring that I have read and understood the Tender Document, Specifications, Bill of

Quantities and Tender Drawings and agree to abide by all the conditions set within the same

documents.

I declare that I have studied and understood all the requirements and objectives of the

proposed works. I declare that our offer is comprehensive in all respects to provide totally

operational systems and that we will be supplying and installing material and equipment which

are in accordance with the IAAF specifications and any relative local and European laws and

regulations.

I also declare that to my knowledge the equipment and materials being offered are to

specification without any deviations.

I also declare that I am in agreement, conformity and compliance with the Maltese General

Rules Governing Tendering Procedures which shall also govern this document.

Joint Venture/Consortium/Company Name:_____________________________________

Signature: ______________________________________

(Tenderer’s Authorised Signatory)

Designation with the organisation:

Date: ______________________________________

58

3. Statement on Conditions of Employment Form

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: .............................................................

Tenderers are to ensure that self-employed personnel are not engaged on this contract. Non-compliance will invalidate the contract.

59

4. Power of Attorney Form

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: ....................................................................

60

5. Data on Joint Venture/Consortium Form (Where applicable)

1 Name

…..................................................................

2

Managing Board’s Contact Details

Address: .......................................................... ...........................................................

Telephone: ........................ Fax: ........................ Email: .............................................................

3

Agency based in Malta, 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)

Place of Signature: ..................................................

Date of Signature: ...................................................

7 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: .............................................................–

61

6. Sub-Contracting Form

If the tenderer plans to sub-contract part of the works, he must provide the following details:

Service/s intended to be sub-contracted

Name and details of sub-contractors

Value of sub-contracting as percentage of the total cost

Signature: ............................................................. (the person or persons authorised to sign on behalf of the tender)

Date: ........................................................–....

62

7. DRAFT CONTRACT FORM (for information purposes only)

Project: ................................................. [Title and Number] Contract Number: ................................................. [Contract Number] This contract is concluded between: MAAA 6, Race Course Street, Marsa (hereinafter called “The Contracting 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 Contracting Authority is desirous that certain supplies should be [supplied, manufactured, delivered, installed, commissioned, maintained, etc.] by the Contractor, viz.: [Contract Title] and has accepted a tender by the Contractor for the provision of such supplies and the remedying of any defects therein. It is hereby agreed as follows: In this contract words and expressions shall have the meanings assigned to them in the contractual conditions set out below. The place of acceptance of the supplies shall be [...............................], the time limits for

delivery shall be [..................................], and the INCOTERM2000 applicable shall be delivery duty paid (DDP). The following documents shall be deemed to form and be read and construed as part of this contract, in the following order of precedence: this contract, the Special Conditions, the General Conditions, the technical specifications and design documentation, the Contractor’s technical offer (including any clarifications made during adjudication), the financial offer (after arithmetical corrections)/breakdown, the tender form, any other documents (in particular certificates of origin of material, manufacture in conformity to standards as published) forming part of the contract. Addenda shall have the order of precedence of the document they are modifying. In consideration of the payments to be made by the Contracting Authority to the Contractor as hereinafter mentioned, the Contractor undertakes to deliver all supplies, 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:

63

Contract price (excluding VAT but including other taxes): €..................................... 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). The Contractor hereby agrees to submit a performance guarantee amounting to €............... equivalent to 10% of the contract value together with the signed contract. The provisions of this contract are without prejudice to the obligations of the Contracting Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The Contracting Authority, prior to disclosure of any information to a third party in relation 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 Contracting Authority in terms of the Act. 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 Contracting Authority, one for the Contracting Authority, and one for the Contractor. Contracting Authority: Contractor:

Signed by: ......................…..................................

Signed by: ...............................….........................

In the capacity of: ...........................….............................

In the capacity of: .....................................................…...

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

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

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

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

64

8. SPECIMEN PERFORMANCE GUARANTEE Form

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Contracting Authority Address [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 [File Reference], whereby the contractor undertook the [title of contract] in accordance with Article 11 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 words 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]

65

9. BILL OF QUANTITIES

ITEM

DESCRIPTION UNIT QTY

Unit Price

Amount

1. Scarifying the existing track surface m

2 8,500

2. The supply and installation of a synthetic running track surfacing, red in colour to cover the following areas:- 400 meters oval track (8 lanes) Water jump High jump and javelin throw Pole Vault Long jump Triple jump Hammer and Discus cage as detailed herein. The product supplied shall be either : a two colour 13mm cast- in-place full-pour polyurethane system with a broadcasted rubber granule surface over an existing base; OR a two colour 13mm prefabricated rubber sheet goods system over an existing base. All products must be IAAF approved.

m2 8,500

2. Laying of a new 100 metre synthetic track as Lane 9, in the home runup. Surface product should be as 1 above.

m2 120

3. Construct a Long and Triple Jump facility complete with runnup and two sandpits on either side, parallel and next to the existing Long and Triple Jump facility, as per IAAF Competition Standards

Lump Sum 1

66

4. Clean existing water gutter, and make good the upper edges to receive a new PVC or equivalent water gutter cover. Replace all of the current plastic covers of this gutter with new adequate covers, which are firm and lockable in place so that when installed these does not pose any health and safety issues, as per IAAF Competition Standards.

Lump sum 1

5. Provide and install Competition Line Marking of different lanes with special white polyutherane paint according to IAAF regulations. They include starting lines ,end lines ,relay lines

Etc as per IAAF Competition Standards.

Lump sum

1

6 Supply, deliver and install fixed Athletic Equipment and track accessories all in conformity with IAAF regulations:-

(i) Supply, delivery and installation of long and triple jump take off boards inclusive of galvanized steel containing box, adjustable wooden take off board and steel cover.

Sets

4

(ii) Provide a sufficient quantity of sand so that the landing areas (four) will be filled with soft damp sand, the top surface of which shall be level with the take-off area (i.e. warm-up track).

Lump Sum 4

(iii) Provide a canvas cover that will adequately protect the full area of the Long Jump Training Facility (10m x 5m) with anchorage system to prevent lift in wind

Per cover 4

(iv) Supply, delivery and fixing pole vault planting box and cover

Lump Sum/ Set

2

(v) Supply, delivery and installation of metal circle for set discus

Lump Sum / Set

2

(vi) Supply, delivery and installation of metal circle for hammer / shot throwing

Lump Sum/ Set

2

67

(vii) Supply, delivery and laying of rubber surface to and fixing water Steeplechase facility

Lump Sum/ Set

1

(viiii) Supply, delivery of wooden shot stop board

Lump Sum/ Set

2

(ix) Supply, delivery and installation of aluminum detachable kerbs

Lump Sum/ Set

1

Sub TOTAL

Add

18% VAT

TOTAL

68

10. Remedial Works – Day Works Rates

The table that follows must be filled in with the rates (or unit prices) which the Bidder will charge the MAAA in the eventuality that remedial works are required following inspection of the areas underneath the rubber surface. If any item in the Bill of Quantities is left unpriced, then it shall be deemed that the Contractor will accept the rates which are offered by the MAAA. These Rates will not be evaluated for the purposes of this Tender and the MAAA retains the right to use other options to carry out remedial works.

69

Item

Description

Quantity

Unit

Rate including Taxes, other Duties & Discounts but Exclusive of VAT

Amount including Taxes, other Duties & Discounts but Exclusive of VAT

€ €

O.1 Labour

O.1.1 Unskilled labourer 1.00 hr € -

O.1.2 Semi-Skilled labourer 1.00 hr € -

O.1.3 Skilled labourer 1.00 hr € -

O.1.4 Mason 1.00 hr € -

O.1.5 Steel fixer 1.00 hr € -

O.1.6 Concretor 1.00 hr € -

O.1.7 Electrician 1.00 hr € -

1.00

O.2 Plant

Note:

All below machinery is to be inclusive of operator/ s as necessary:

O.2.1 Asphalt Pavers

O.2.1.1 up to 3.0m screed size 1.00 hr € -

O.2.1.2 up to 6.0m screed size

1.00 hr € -

O.2.2 Rollers (with viboratory facility as required)

O.2.2.1 2.5t

1.00 hr € -

O.2.2.2 4.2t 1.00 hr € -

O.2.2.3 7.5t 1.00 hr € -

O.2.2.4 hand held compactor 1.00 hr € -

O.2.3 Excavators - Loaders

70

O.2.3.1 2 cu.m. bucket capacity (approx.)

1.00 hr € -

O.2.3.2 1.5 cu.m. bucket capacity (approx.)

1.00 hr € -

O.2.3.3 1.0 cu.m. bucket capacity (approx.)

1.00 hr € -

O.2.3.4 mini excavator

1.00 hr € -

O.2.4 Surface Planars

O.2.4.1 cutting up to 1000mm 1.00

hr

€ -

O.2.4.2 cutting up to 2000mm 1.00 hr € -

O.2.4 Concrete Mixer 1.00 hr € -

O.2.5 Tipper truck up to 15 cu.m. capacity

1.00 hr € -

O.2.6 Tipper truck over 15 cu.m. capacity

1.00 hr € -

O.2.7 Crane rubber tyre 25 tonnes

O.2.7.1 Crane hr

€ -

O.2.7.2 up to 15 tonnes 1.00 hr € -

O.2.7.3 up to 30 tonnes

1.00 hr € -

O.2.8 Dumper capacity (1.0 cu.m. capacity)

1.00 hr € -

O.2.9 Compressor (including breaker)

hr € -

O.2.9.1 Tractor Shovel

1.00 hr € -

O.2.9.2 up to 7 tonne

1.00 hr € -

O.2.9.3 from 8 tonne up to 30 tonne

1.00 hr € -

71

O.2.10 Concrete pump

1.00 hr € -

O.2.11 Hand jigger

1.00 hr € -

O.2.12 Hi-up up to 7 tonnes

1.00 hr € -

O.2.13 Cherry Picker

1.00 hr € -

O.2.14 Pressure bowser

1.00 hr € -

O.2.15 Skip Loader

1.00 hr € -

O.2.16 Dumping Charges

1.00 hr € -

O.2.17 Supply, erect and dismantle scaffolding

1.00 hr € -

O.2.18 Up keep and maintain scaffolding for the period required

1.00 hr € -

TOTAL

€ -

11. Appendix A i – Site Plan

10. Appendix A ii – Measurements Plan

(As per IAAF Track and Field Facilities Manual 2008)

12. Appendix B. Site Description (Photos)

1. General View of Facility

2. Site for Lane 9

3. Site for a New Triple and Long Jump Facility

4. Water Gutter, with cover and adjacent aluminium strip

5. Steeplechase water facility

6. North Curve showing Throwing cage facility

7. South Curve showing Pole Vault facility

8. Typical current markings