L-UNIVERSITA TA’ MALTA Msida MSD 2080 – Malta UNIVERSITY OF MALTA Msida MSD 2080 - Malta DIPARTIMENT TAL-PROCUREMENT PROCUREMENT DIRECTORATE IMPORTANT NOTICE TO PROSPECTIVE BIDDERS UM 1883 THE SOFT COPY OF THIS TENDER DOCUMENT IS AVAILABLE FOR DOWNLOAD FROM: www.um.edu.mt/procurement. ANY CLARIFICATIONS OR ADDENDA TO THE TENDER DOCUMENT WILL BE UPLOADED ON THE SAME WEBSITE. PROSPECTIVE BIDDERS, WHO DO NOT COLLECT A HARD COPY OF THE TENDER DOCUMENT FROM THE UNIVERSITY OF MALTA, ARE TO REGISTER THEIR RESPECTIVE CONTACT DETAILS AT:tenders.procurement@um.edu.mt QUOTING THE TENDER NUMBER DOWNLOADED, SO THAT ANY CLARIFICATIONS / COMMUNICATIONS PERTAINING TO THIS TENDER PROCEDURE ARE COMMUNICATED TO THEM IN DUE TIME AS PER TENDER DOCUMENTS. THE UNIVERSITY OF MALTA SHALL NOT BE HELD RESPONSIBLE FOR ANY MISDEMEANOUR IF THIS CONDITION IS NOT ADHERED TO. TEL: (356) 2340 2212/3/5 FAX: 2131 4307 Page 1 UM1883 TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF LIFT FOR THE UNIVERSITY OF MALTA. Date Published: 24th February 2015 Closing Date: 11th March 2015 at 10:00am CET Cost of the Tender Document: FOC IMPORTANT: No Bid Bond is requested for this tender Clarifications shall be uploaded and will be available to view/download from www.um.edu.mt/procurement University of Malta, Procurement Directorate, Administration Building Msida MSD 2080, Malta. Tel: (356) 2340 2212/3/5. Fax: (356) 21314307 Email: tenders.procurement@um.edu.mt Page 2 Table of Contents Table of Contents ........................................................................................... 3 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 5 A. GENERAL PART ........................................................................................... 5 1. General Instructions ........................................................................................................................... 5 2. Timetable ............................................................................................................................................. 5 3. Lots........................................................................................................................................................ 5 4. Financing .............................................................................................................................................. 6 5. Eligibility .............................................................................................................................................. 6 6. Selection Criteria................................................................................................................................ 6 7. Multiple Tenders ................................................................................................................................. 7 8. Tender Expenses ................................................................................................................................. 7 9. Site Inspection..................................................................................................................................... 7 B. TENDER DOCUMENTS.................................................................................... 7 10. Content of Tender Document ......................................................................................................... 7 11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 8 12. Labour Law ........................................................................................................................................ 8 13. Law ...................................................................................................................................................... 8 C. TENDER PREPARATION ................................................................................. 8 14. Language of Tenders ........................................................................................................................ 8 15. Presentation of Tenders .................................................................................................................. 9 16. Content of Tender (Single-Envelope System) .............................................................................. 9 17. Tender Prices .................................................................................................................................. 10 18. Currencies of Tender and Payments ........................................................................................... 10 19. Period of Validity of Tenders ....................................................................................................... 10 20. Tender Guarantee (Bid Bond) ...................................................................................................... 10 21. Variant Solutions............................................................................................................................. 10 22. Preparation and Signing of Tenders ............................................................................................ 10 D. SUBMISSION OF TENDERS ............................................................................ 11 23. Sealing and Marking of Tenders ................................................................................................... 11 24. Extension of Deadline for Submission of Tenders ..................................................................... 11 25. Late Tenders ................................................................................................................................... 11 26. Alterations and Withdrawal of Tenders ..................................................................................... 11 E. OPENING AND EVALUATION OF OFFERS ........................................................... 12 27. Opening of Tenders ........................................................................................................................ 12 28. Secrecy of the Procedure .............................................................................................................. 12 29. Clarification of Tenders ................................................................................................................ 12 30. Tender Evaluation Process ............................................................................................................ 12 31. Correction of Arithmetical Errors ................................................................................................ 13 F. CONTRACT AWARD .................................................................................... 13 32. Criteria for Award .......................................................................................................................... 13 33. Right Of The University of Malta To Accept Or Reject Any Tender ...................................... 13 34. Notification of Award, Contract Clarifications ......................................................................... 14 35. Contract Signing and Performance Guarantee .......................................................................... 14 36. Commencement of Works (Order To Start Works) ................................................................... 15 G. MISCELLANEOUS ....................................................................................... 15 37. Ethics Clauses .................................................................................................................................. 15 38. Data Protection and Freedom of Information ........................................................................... 16 39. Gender Equality .............................................................................................................................. 16 VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 17 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – (Not Applicable for this tender)...... 20 Page 3 Annex To Tender Guarantee Form – Not Applicable for this tender............................................ 21 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 22 1. Statement on Conditions of Employment .................................................................................... 22 2. Statement - List of Personnel......................................................................................................... 23 3. Literature/List of Samples .............................................................................................................. 24 VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 26 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 28 VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 29 VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 30 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 31 General: .................................................................................................... 31 Article Article Article Article Article Article Article Article a) b) 2: Law and language of the contract ............................................................................... 31 3: Order of precedence of contract documents .................................................................. 31 4: Communications .................................................................................................... 31 7: Supply of Documents .............................................................................................. 31 8: Assistance with Local Regulations ............................................................................... 31 9: The Contractor’s Obligations ..................................................................................... 32 11: Performance Guarantee ......................................................................................... 32 12: Insurance ........................................................................................................... 32 All risks insurance: .............................................................................. 32 Third party insurance: ........................................................................... 32 Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 13: Performance Programme (Timetable) ......................................................................... 32 14: Contractor’s Drawings............................................................................................ 32 15: Tender Prices ...................................................................................................... 32 17: Patents and Licences ............................................................................................. 33 18: Commencement Date ............................................................................................ 33 19: Period of Performance ........................................................................................... 33 21: Delays in Performance ........................................................................................... 33 22: Variations ........................................................................................................... 33 24: Quality of Supplies ................................................................................................ 33 25: Inspection and Testing ........................................................................................... 34 26: Payments: General Principles .................................................................................. 34 26: Pre-financing ...................................................................................................... 34 26: Retention Monies .................................................................................................. 34 28: Delayed Payments ................................................................................................ 34 30.6: Supervisor and Supervisor's representative ................................................................ 35 31: Provisional Acceptance .......................................................................................... 35 32: Warranty Obligations ............................................................................................. 35 40: Amicable dispute settlement ................................................................................... 35 41: Dispute Settlement by Litigation ............................................................................... 35 44: Checks and Audits ................................................................................................ 35 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 36 VOLUME 2 SECTION 5 – SPECIMEN PRE-FINANCING PAYMENT GUARANTEE – Not Applicable for this tender ............................................................................................. 37 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this Tender ...................................................................................................... 38 VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 39 VOLUME 4 - FINANCIAL BID.............................................................................. 59 VOLUME 5 – DRAWINGS .................................................................................. 67 List of drawings attached .................................................................................................................... 67 List of design documents available – Not Applicable ...................................................................... 68 ~~~~~~~~~~~~~~~ Page 4 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS A. GENERAL PART 1. General Instructions 1.1 In submitting a tender, the tenderer accepts in full and in its entirety, the content of this tender document, including subsequent Clarifications issued by the University of Malta, whatever his own corresponding conditions may be, which he hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender document. No account can be taken of any reservation in the tender as regards the tender document; any disagreement, contradiction, alteration or deviation shall lead to the tender offer not being considered any further. The Evaluation Committee shall, after having obtained approval by the Departmental Contracts Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days from notification, and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result in the tender offer not being considered any further. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested. 1.2 This is a call for tenders for the supply, delivery, installation, testing and commissioning of a Lift for the University of Malta. 1.3 This is a unit-price (Bill of Quantities) contract. 1.4 The tenderer will bear all costs associated with the preparation and submission of the tender. The University of Malta will in no case be responsible or liable for such costs, whatever the conduct or outcome of the procedure. 1.5 The University of Malta retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them. 2. Timetable DATE TIME* Clarification Meeting/Site Visit (Refer to Clause 9.2) Not applicable Deadline for request for any additional information from the Contracting Authority Monday, 2nd March 2015 5.15pm Last date on which additional information are issued by the University of Malta Deadline for submission of tenders / Tender Opening Session (unless otherwise modified in terms of Clause 11.3) Thursday, 5th March 2015 5.15pm Wednesday, 11th March 2015 10:00am = * All times Central European Time (CET) 3. Lots 3.1 This tender is not divided into lots, and tenders must be for the whole of quantities indicated. Tenders will not be accepted for incomplete quantities. Page 5 4. Financing 4.1 The project is financed from local budget funds. 4.2 The beneficiary of the financing is the University of Malta. 5. Eligibility 5.1 Participation in tendering is open on equal terms to all natural and legal persons of the Member States of the European Union, the beneficiary country, any other country in accordance with Regulation 76 of the Public Procurement Regulations. 5.2 Natural persons, companies or undertakings who fall under any of the conditions set out in Regulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may be excluded from participation in and the award of contracts. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. 5.3 Tenders submitted by companies forming a joint venture/consortium must also fulfil the following requirements: One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners. The tender must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law. 5.4 All materials, equipment and services to be supplied under the contract must originate in an eligible country. For these purposes, "origin" means the place where the materials and/or equipment are mined, grown, produced or manufactured and/or from which services are provided. 6. Selection Criteria 6.1 In order to be considered eligible for the award of the contract, tenderers must provide evidence that they meet or exceed certain minimum qualification criteria described hereunder. In the case of a joint venture, the joint venture as a whole must satisfy the minimum qualifications required below. 6.1.1 No evidence of economic and financial standing is required. 6.1.2 Information about the tenderer's technical capacity. (An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for the execution of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the economic operator) This information must follow the forms in Volume 1, Section 4 of the tender documents and include: A statement of the tools, plant or technical equipment available to the contractor for carrying out the contract Data concerning sub-contractors and the percentage of works to be sub-contracted: - The maximum amount of sub-contracting must not exceed 20% of the total contract value. The main contractor must have the ability to carry out at least 80% of the contract works by his own means. Page 6 7. Multiple Tenders 7.1 A tenderer may submit multiple tender offers. 7.2 A company may not tender for a given contract both individually and as a partner in a joint venture/consortium. 7.3 A company may not tender for a given contract both individually/partner in a joint venture/consortium, and at the same time be nominated as a sub-contractor by any another tenderer, or joint venture/consortium. 7.4 A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia, provided that it does not participate individually or as part of a joint venture/consortium, and that the nominations do not lead to a conflict of interest, collusion, or improper practice. 8. Tender Expenses 8.1 The tenderer will bear all costs associated with the preparation and submission of the tender. 8.2 The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred by the tenderer through site visits and inspections or any other aspect of his tender. 9. Site Inspection 9.1 A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his own responsibility, expense and risk, factors necessary for the preparation of his tender and the signing of the contract for the works. B. TENDER DOCUMENTS 10. Content of Tender Document 10.1 The set of tender documents comprises the following documents and should be read in conjunction with any clarification notes issued in accordance with Clause 24: Volume 1 Volume 2 Volume 3 Volume 4 Volume 5 Instructions to Tenderers Draft Letter of Acceptance General Conditions (available online from www.contracts.gov.mt/conditions) Special Conditions Technical Specifications Model Financial Bid/Bill of Quantities Drawings 10.2 Tenderers bear sole liability for examining with appropriate care the tender documents, including those design documents available for inspection, and any clarification notes to the tender documents issued during the tendering period, and for obtaining reliable information with respect to conditions and obligations that may in any way affect the amount or nature of the tender or the execution of the works. In the event that the tenderer is successful, no claim for alteration of the tender amount will be entertained on the grounds of errors or omissions in the obligations of the tenderer described above. 10.3 The tenderer must provide all documents required by the provisions of the tender document. All such documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the tenderer. Page 7 11. Explanations/Clarification Notes Concerning Tender Documents 11.1 Tenderers may submit questions in writing to the University of Malta through: sending an email to tenders.procurement@um.edu.mt through www.um.edu.mt/procurement/contact fax number +356 21314307 up to 9 calendar days before the deadline for submission of tenders, that is up to Monday 2nd March 2015. The University of Malta must reply to all tenderers' questions, and amend the tender documents by publishing clarification notes, up to at least 6 calendar days before the deadline for submission of tenders. 11.2 Questions and answers, and alterations to the tender document will be: published as a clarification note on the website of the University of Malta (www.um.edu.mt/procurement/service/tender) within the respective tender’s page, under the subheading “Tender Document & Clarifications (if any)”. sent to all prospective bidders by e-mail. Tenderers who do not collect a hard copy from the Procurement Directorate are to register their respective contact details at tenders.procurement@um.edu.mt so that any clarifications/communications pertaining to this tender procedure will be communicated to them in due time as per tender document. The University of Malta shall not be held responsible for any misdemeanour if this condition is not adhered to. Clarification notes will constitute an integral part of the tender documentation, and it is the responsibility of tenderers to visit this website and be aware of the latest information published online prior to submitting their Tender. 11.3 The University of Malta 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. 12. Labour Law 12.1 Particular attention is drawn to the conditions concerning the employment of labour in Malta and the obligation to comply with all regulations, rules or instructions concerning the conditions of employment of any class of employee. 13. Law 13.1 By submitting their tenders, tenderers are accepting that this procedure is regulated by Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way affect or govern the operations and activities covered by the tender and the resulting contract. C. TENDER PREPARATION 14. Language of Tenders 14.1 The tender and all correspondence and documents related to the tender exchanged by the tenderer and the University of Malta must be written in English. 14.2 Supporting documents and printed literature furnished by the tenderer may be in another language, provided they are accompanied by an accurate translation into English. For the purposes of interpretation of the tender, the English language will prevail. Page 8 15. Presentation of Tenders 15.1 Tenders must satisfy the following conditions: (a) All tenders must be submitted in one original. (b) The documents are to be sealed and placed in a sealed envelope/package so that the bid can be identified as one tender submission. (c) All tenders must be received by date and time indicated in the timetable at Clause 2 and deposited in the tender box at Room 323, Procurement Directorate, Administration Building, University of Malta, Msida MSD 2080, Malta. (d) All packages, as per (b) above, must bear only: (i) the above address; (ii) the reference of the invitation to tender concerned; (iii) the number of the lot(s) to which the tender refers (if applicable); (iv) the name of the tenderer. 16. Content of Tender (Single-Envelope System) 16.1 The tender must comprise the following duly completed documents, inserted in a single, sealed envelope (unless their volume requires a separate submission): (a) An original bid-bond for the amount of [€...........], in the form provided in Volume NOT APPLICABLE FOR THIS TENDER 1, Section 3(Note 1) (b) General/Administrative Information(Note 2) (i) Proof of Purchase of tender document (receipt) – (If applicable) (ii) Statement on Conditions of Employment (Volume 1, Section 4) Selection Criteria (c) Financial and Economic Standing(Note 2) (Not Applicable) (d) Technical Capacity(Note 3) (i) List of Personnel (Volume 1, Section 4) (e) Evaluation Criteria/Technical Specifications (Note 3) (i) Tenderer’s Technical Offer in response to specifications (Volume 3) (ii) Literature/List of Samples (f) Financial Offer/Bill of Quantities(Note 3) (i) The Tender Form in accordance with the form provided in Volume 1, Section 2; a separate Tender Form is to be submitted for each option tendered, each form clearly marked ‘Option 1’, ‘Option 2’ etc.; (ii) A financial bid calculated on a basis of Delivery Duty Paid (DPP) for the works/supplies tendered excluding VAT; (iii) Breakdown of the overall price, in the form provided in Volume 4 (Bill of Quantities); Notes to Clause 16.1: 1. Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value. 2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification. 3. No rectification shall be allowed. Only clarifications on the submitted information may be requested. Tenderers must indicate where the above documentation is to be found in their offer by using an index. All documentation is to be securely bound/filed. Tenderers are NOT required NOR expected to submit, with their offer, any components of the tender document except those specifically mentioned in Clause 16. Page 9 17. Tender Prices 17.1 The tender price must cover the whole of the works as described in the tender documents. 17.2 The tenderer must provide a breakdown of the overall price in Euro (€). 17.3 Tenderers must quote all components of the price inclusive of taxes, customs and import duties and any discounts. Tenderers not registered with the VAT authority in Malta. The financial offer will be considered as the total financial cost to the contracting authority excluding any VAT that may have to be paid not through the winning tenderer. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been costed. 17.4 Different options are to be clearly identifiable in the technical and financial submission; a separate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc. for each individual option clearly outlining the price of the relative option, is to be submitted. 17.5 If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement. 17.6 The prices for the contract must include all of the works to be provided. The prices quoted are fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special Conditions. 18. Currencies of Tender and Payments 18.1 The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the questionnaire and in other documents must be expressed in Euro (€), with the possible exception of originals of bank and annual financial statements. 18.2 Payments will be made upon certification of works by the Contracting Authority, based on the invoice issued by the Contractor, in accordance with the timeframes, terms and conditions of the contract. 18.3 All correspondence relating to payments, including invoices and interim and final statements must be submitted as outlined in the contract. 19. Period of Validity of Tenders 19.1 Tenders must remain valid for a period of 150 days after the deadline for submission of tenders indicated in the contract notice, the tender document or as modified in accordance with Clauses 11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected. 19.2 In exceptional circumstances the University of Malta may request that tenderers extend the validity of tenders for a specific period. Such requests and the responses to them must be made in writing. A tenderer may refuse to comply with such a request without forfeiting his tender guarantee (Bid Bond). However, his tender will no longer be considered for award. If the tenderer decides to accede to the extension, he may not modify his tender. 19.3 The successful tenderer must maintain his tender for a further 60 days from the date of notification of award. 20. Tender Guarantee (Bid Bond) 20.1 21.1 No tender guarantee (bid bond) is required. 21. Variant Solutions No variant solutions will be accepted. Tenderers must submit a tender in accordance with the requirements of the tender document. 22. Preparation and Signing of Tenders 22.1 All tenders must be submitted in one original document. Tenders must comprise the documents specified in Clause 16 above. Page 10 22.2 The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which entries or corrections to his submission have been made must be initialled by the person or persons signing the tender. All pages must be numbered consecutively by hand, machine or in any other way acceptable to the University of Malta. 22.3 The tender must contain no changes or alterations, other than those made in accordance with instructions issued by the University of Malta (issued as clarification notes) or necessitated by errors on the part of the tenderer. In the latter case, corrections must be initialled by the person signing the tender. 22.4 The tender will be rejected if it contains any alteration, tampering, addition or deletion to the tender documents not specified in a clarification note issued by the University of Malta. D. SUBMISSION OF TENDERS 23. Sealing and Marking of Tenders The tenders must be submitted in English and deposited in the Department’s tender box before the deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1 and/or 24.1. They must be submitted: EITHER by recorded delivery (official postal/courier service) or hand delivered to: Procurement Directorate, Room 323 2nd Floor, Administration Building University of Malta – Msida MSD 2080 Tel: 23402212/3; Fax: 21314307 23.1 Tenders submitted by any other means will not be considered. 23.2 Tenderers must seal the original tender as outlined in Clause 15. 23.3 If the outer envelope is not sealed and marked as required in Sub clause 15.1, the University of Malta will assume no responsibility for the misplacement or premature opening of the tender. 24. Extension of Deadline for Submission of Tenders 24.1 The University of Malta may, at its own discretion, extend the deadline for submission of tenders by issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of the University of Malta and the tenderer regarding the original date specified in the contract notice will be subject to the new date. 25. Late Tenders 25.1 All tenders received after the deadline for submission specified in the contract notice or these instructions will be kept by the University of Malta. The associated guarantees will be returned to the tenderers. 25.2 No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated. 26. Alterations and Withdrawal of Tenders 26.1 Tenderers may alter or withdraw their tenders by written notification prior to the above deadline. No tender may be altered after the deadline for submission. 26.2 Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in accordance with Clause 23, and the envelope must also be marked with "alteration" or "withdrawal". 26.3 The withdrawal of a tender in the period between the deadline for submission and the date of expiry of the validity of the tender will result in forfeiture of the tender guarantee provided for in Clause 20. Page 11 E. OPENING AND EVALUATION OF OFFERS 27. Opening of Tenders 27.1 Tenders will be opened by the University of Malta during a public session on the date and time indicated in the timetable at Clause 2 (or as otherwise specified in accordance with Clause 11.1 and/or 24.1) at the University of Malta A ‘Summary of Tenders Received ‘will be published on the notice board at the University of Malta, Procurement Directorate, Administration Building, 2nd Floor; and shall also be available to view on the University’s website, www.um.edu.mt/procurement/service/tender under the respective tender page. 27.2 At the tender opening, the tenderers' names, the tender prices, variants, written notification of alterations and withdrawals, the presence of the requisite tender guarantee and any other information the University of Malta may consider appropriate will be published. 27.3 Envelopes marked "withdrawal" will be read out first and returned to the tenderer. 27.4 Reductions or alterations to tender prices made by tenderers after submission will not be taken into consideration during the analysis and evaluation of tenders. 28. Secrecy of the Procedure 28.1 After the opening of the tenders, no information about the examination, clarification, evaluation or comparison of tenders or decisions about the contract award may be disclosed before the notification of award. 28.2 Information concerning checking, explanation, opinions and comparison of tenders and recommendations concerning the award of contract, may not be disclosed to tenderers or any other person not officially involved in the process unless otherwise permitted or required by law. 28.3 Any attempt by a tenderer to approach any member of the Evaluation Committee/University of Malta directly during the evaluation period will be considered legitimate grounds for disqualifying his tender. 29. Clarification of Tenders 29.1 When checking and comparing tenders, the evaluation committee may, after obtaining approval from the Departmental Contracts Committee, ask a tenderer to clarify any aspect of his tender. 29.2 Such requests and the responses to them must be made by e-mail or fax. They may in no circumstances alter or try to change the price or content of the tender, except to correct arithmetical errors discovered by the evaluation committee when analysing tenders, in accordance with Clause 31. 30. Tender Evaluation Process 30.1 The following should be read in conjunction with Clause 27. 30.2 Part 1: Administrative Compliance The Evaluation Committee will check the compliance of tenders with the instructions given in the tender document, and in particular the documentation submitted in respect of Clause 16. The Evaluation Committee shall, after having obtained approval by the Department Contracts Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days from notification, and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result in the tender offer not being considered any further. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f) of these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested. Page 12 30.3 Part 2: Eligibility and Selection Compliance Tenders which have been considered administratively compliant shall be evaluated for admissibility as outlined below: (i) Eligibility Criteria Tender Form (Volume 1, Section 2) (ii) Selection Criteria 30.4 Evidence of technical capacity Part 3: Technical Compliance At this step of the evaluation process, the Evaluation Committee will analyse the administrativelycompliant tenders’ technical conformity in relation to the technical specifications (Volume 3, and the documentation requested by the Contracting Authority as per sub-Clause 16(e)), classifying them technically compliant or non-compliant. 30.5 Part 4. Financial Evaluation The financial offers for tenders which were not eliminated during the technical evaluation (i.e., those found to be technically compliant) will be evaluated. The Evaluation Committee will check that the financial offers contain no arithmetical errors as outlined in Clause 31. [If the tender procedure contains several lots, financial offers are compared for each lot.] The financial evaluation will have to identify the best financial offer [for each lot]. 31. Correction of Arithmetical Errors 31.1 Admissible tenders will be checked for arithmetical errors by the Evaluation Committee. Errors will be corrected as follows: (a) where there is a discrepancy between amounts in figures and in words, the amount in words will prevail; (b) where there is a discrepancy between a unit price and the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will prevail. 31.2 The amount stated in the tender will be adjusted by the Evaluation Committee in the event of error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation Committee shall seek the prior approval of the Departmental Contracts Committee to communicate the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will be rejected and his tender guarantee forfeited. 31.3 When analysing the tender, the evaluation committee will determine the final tender price after adjusting it on the basis of Clause 31.1. F. CONTRACT AWARD 32. Criteria for Award 32.1 The sole award criterion will be the price. The contract will be awarded to the cheapest priced tender satisfying the administrative and technical criteria. 33. Right Of The University of Malta To Accept Or Reject Any Tender 33.1 The University of Malta reserves the right to accept or reject any tender and/or to cancel the whole tender procedure and reject all tenders. The University of Malta reserves the right to initiate a new invitation to tender. 33.2 The University of Malta reserves the right to conclude the contract with the successful tenderer within the limits of the funds available. It can decide to reduce the scope of works or to ask for a discount from the cheapest compliant tenderer. Page 13 33.3 In the event of a tender procedure's cancellation, tenderers will be notified by the University of Malta. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers. 33.4 Cancellation may occur where: (a) the tender procedure has been unsuccessful, namely where no qualitatively or financially worthwhile tender has been received or there has been no response at all; (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project impossible; (d) all technically compliant tenders exceed the financial resources available; (e) there have been irregularities in the procedure, in particular where these have prevented fair competition. In no circumstances will the University of Malta be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a tender, even if the University of Malta has been advised of the possibility of damages. The publication of a contract notice does not commit the University of Malta to implement the programme or project announced. 34. Notification of Award, Contract Clarifications 34.1 Prior to the expiration of the period of validity of tenders, the University of Malta will notify the successful tenderer, in writing, that his tender has been recommended for award by the Departmental Contracts Committee, pending any appeal being lodged in terms of Part XIII of the Public Procurement Regulations (being reproduced in Volume 1, Section 6). 34.2 Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be provided the following information: (i) the criteria for award; (ii) the name of the successful tenderer; (iii) the recommended price of the successful bidder; (iv) the reasons why the tenderer did not meet the technical specifications/notification that the offer was not the cheapest (if applicable); (v) the deadline for filing a notice of objection (appeal); (vi) the deposit required if lodging an appeal. 34.3 The recommendations of the Evaluation Committee and the Department Contracts Committee shall be published on the Notice Board of the University of Malta, Procurement Directorate, Administration Building, 2nd Floor, and published online on the University of Malta’s website, www.um.edu.mt/procurement/service/tender under the respective tender page. 35. Contract Signing and Performance Guarantee 35.1 After the lapse of the appeals period, and pending that no objections have been received and/or upheld, the successful tenderer may be invited to clarify certain contractual questions raised therein. Such clarification will be confined to issues that had no direct bearing on the choice of the successful tender. The outcome of any such clarifications will be set out in a Memorandum of Understanding, to be signed by both parties and incorporated into the letter of acceptance. 35.2 Within 7 calendar days of receiving the letter of acceptance (against acknowledgment of receipt) from the University of Malta, the successful tenderer will sign a copy of the Letter of Acceptance and date the Letter of Acceptance and return it to the University of Malta with the performance guarantee and the Financial Identification Form (if applicable). 35.3 Before the University of Malta sends the Letter of Acceptance to the successful tenderer, the successful tenderer may be requested to provide the documentary proof or statements required to show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form (Volume 1, Section 2). The above mentioned documents must be submitted by every member of a Joint Venture/Consortium (if applicable). Page 14 35.4 If the selected tenderer fails to sign and return the copy of the Letter of Acceptance, other required documentation, and any guarantees required within the prescribed 7 calendar days, the University of Malta may consider the acceptance of the tender to be cancelled without prejudice to the University of Malta's right to seize the guarantee, claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the University of Malta. The tenderer whose tender has been evaluated as [second cheapest/second most economically advantageous] may be recommended for award, and so on and so forth. 35.5 Only the signed Letter of Acceptance will constitute an official commitment on the part of the University of Malta, and activities may not begin until the contract has been signed both by the University of Malta and the successful tenderer. 35.6 Tender guarantees (bid bonds) provided by tenderers who have not been selected shall be released within 30 calendar days from the signing of the contract. The tender guarantee of the successful tenderer shall be released on the signing of the contract, and on submission of a valid performance guarantee. 35.7 The performance guarantee referred to in the General Conditions is set at 10% of the amount of the contract and must be presented in the form specified in Volume 2, Section 4, to the tender document the performance guarantee shall be released within 30 days of the signing of the Final Statement of Account (Final Bill), unless the Special Conditions provide otherwise. 36. Commencement of Works (Order To Start Works) 36.1 Following the signing of the contract by both parties, the Supervisor will issue a written notice of commencement of the works in accordance with the General Conditions, as specified by the Special Conditions. 36.2 The Contractor must inform the University of Malta's representative by return that he has received the notice. G. MISCELLANEOUS 37. Ethics Clauses 37.1 Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the University of Malta during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his candidacy or tender and may result in administrative penalties. 37.2 Without the University of Malta's prior written authorisation, the Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or sub-contracting basis, supply other services, carry out works or supply equipment for the project. This prohibition also applies to any other programmes or projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. 37.3 When putting forward a candidacy or tender, the candidate or tenderer must declare that he is affected by no potential conflict of interest, and that he has no particular link with other tenderers or parties involved in the project. 37.4 The Contractor must at all time act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He must refrain from making public statements about the project or services without the Contracting Authority's prior approval. He may not commit the Contracting Authority in any way without its prior written consent. 37.5 For the duration of the contract, the Contractor and his staff must respect human rights and undertake not to offend the political, cultural and religious morals of Malta. Page 15 37.6 The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority. 37.7 The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor are confidential. 37.8 The contract governs the Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. 37.9 The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the University of Malta may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation. 37.10 The tender(s) concerned will be rejected or the contract terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. 38. Data Protection and Freedom of Information 38.1 Any personal data submitted in the framework of the procurement procedure and/or subsequently included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be processed solely for the purposes of the performance, management and follow-up of the procurement procedure and/or subsequent contract by the University of Malta/Contracting Authority without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with National and/or Community law. 38.2 The provisions of this contract are without prejudice to the obligations of the University of Malta in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The University of Malta, prior to disclosure of any information to a third party in relations to any provisions of this contract which have not yet been made public, shall consult the contractor in accordance with the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shall in no way prejudice the obligations of the University of Malta in terms of the Act. 39. Gender Equality 39.1 In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the application of the principle of gender equality and shall thus ’inter alia’ refrain from discriminating on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that these principles are manifest in the organigram of the company where the principles aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the occupation hierarchy are amply proven. In this document words importing one gender shall also include the other gender. Page 16 VOLUME 1 SECTION 2 – TENDER FORM (A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted) < Tenders for supply, delivery, installation, testing and commissioning of a Lift for the University of Malta.> <UM1883> A. TENDER SUBMITTED BY: (This will be included in the Summary of Tenders Received) In case of a Joint Venture/Consortium: Name(s) of Leader/Partner(s) Leader 1 Partner Nationality Proportion of Responsibilities 1 Etc … 1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as 'leader' (and all other lines should be deleted) 2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must have the ability to carry out at least 10% of the contract works by its own means). Work intended to be subcontracted Name and details of sub-contractors Value of subcontracting as percentage of the total cost 3 Experience in similar works (details to be specified) 1 2 (.) 3. The maximum amount of sub-contracting must not exceed [20%] of the total contract value. The main contractor must have the ability to carry out at least [80%] of the contract works by his own means. NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC B CONTACT PERSON (for this tender) Name Surname Telephone (____) ________________________ Fax (____) ________________________ Address ............................................................................................................... ............................................................................................................... ............................................................................................................... E-mail Page 17 C TENDERER'S DECLARATION(S) To be completed and signed by the tenderer (including each partner in a consortium). In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1 We have examined, and accept in full and in its entirety, the content of this tender document (including subsequent Clarifications Notes issued by the University of Malta) for invitation to tender No UM1883 of [24/02/2015]. We hereby accept the contents thereto in their entirety, without reservation or restriction. We also understand that any disagreement, contradiction, alteration or deviation shall lead to our tender offer not being considered any further. 2 We offer to execute, in accordance with the terms of the tender document and the conditions and time limits laid down, without reserve or restriction, the following works: Bill No. 1 Bill No. 2 3 Preliminaries Lift The Grand Total Price of our tender (inclusive of duties, other taxes/charges, Eco-Contribution (if any) and any discounts) is: Bill 1 to Bill 2: Grand Total: …………………………………………… (from the Grand Summary on page 66 of this document) 4 This tender is valid for a period of 150 days from the final date for submission of tenders. 5 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract value as required by the General Conditions. 6 We are making this application in our own right and [as partner in the consortium led by < name of the leader / ourselves >] for this tender. We confirm that we are not tendering for the same contract in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, each member, and that all partners in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's performance]. We are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the tender procedure. 7 We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security contributions and other taxes. 8 We accept that we shall be excluded from participation in the award of this tender if compliance certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the indicated dates. 9 We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the tender procedure at the time of the submission of this application. We have no interest of any nature whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we propose key experts who have been involved in preparing this project or engage such personnel as advisers in the preparation of our tender. 10 We will inform the University of Malta immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any false, inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts funded by the Government of Malta and the European Communities. Page 18 11 Our tender submission has been made in conformity with the Instructions to Tenderers, and in this respect we confirm having included in the appropriate packages as required, the following documentation: (b) Tender Guarantee (Note 1) o Bid Bond (not applicable) o General Information (Note 2) o Proof of Purchase (Receipt) – Not Applicable for this tender o Statement on Conditions of Employment (c) Selection Criteria (Note 2) Financial and Economic Standing (Note 2) o Not applicable (a) (d) (e) Technical Capacity (Note 3) ● List of Personnel Evaluation Criteria/Technical Specifications (Note 3) ● Tenderer’s Technical Offer ● Literature /List of Samples (f) Tender Form, and Financial Offer/Bill of Quantities (Note 3) Notes: 1. 2. 3. Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value. This is indicated by the symbol ○ Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification. This is indicated by the symbol ○ No rectification shall be allowed. Only clarifications on the submitted information may be requested. This is indicated by the symbol ● 12 I acknowledge that the University of Malta and/or Contracting Authority shall request rectifications in respect of incomplete/non-submitted information pertinent to the documentation listed in Clause 11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be submitted within two (2) working days, and will be subject to a non-refundable administrative penalty of €50, and that failure to comply shall result in our offer not being considered any further. 13 We note that the University of Malta is not bound to proceed with this invitation to tender and that it reserves the right to cancel or award only part of the contract. It will incur no liability towards us should it do so. Name and Surname: _________________________________________ I.D. / Passport Number: _________________________________________ Signature of tenderer: _________________________________________ Duly authorised to sign this tender on behalf of: _________________________________________ Company/Lead Partner VAT No: (if applicable) _________________________________________ Stamp of the firm/company: _________________________________________ Place and date: _________________________________________ Page 19 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – (Not Applicable for this tender) [On the headed notepaper of the financial institutions providing the guarantee] Whereas the Director of Contracts has invited tenders for .............................................................................................................................. ........ and whereas Messrs .................................................................................... [Name of tenderer] (hereinafter referred to as the Tenderer) is submitting such a tender in accordance with such invitation, we ................................................... [Name of Bank], hereby guarantee to pay you on your first demand in writing a maximum sum of ................................................................. Euro (€...............) in case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide the Performance Bond, if called upon to do so in accordance with the Conditions of Contract. The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify whether such demand is justified. This guarantee is valid for a period of one hundred and fifty (150) days from the closing date of submission of tenders, and expires on the .................................... 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 at this office in writing not later than the above-mentioned expiry date. This document should be returned to us for cancellation or utilisation or expiry or in the event of the guarantee being no longer required. After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability hereunder shall terminate. Yours faithfully, .................................. Bank Manager .................................. Date Page 20 Annex To Tender Guarantee Form – Not Applicable for this tender Contact Details of Tenderer Name of Tenderer/Joint Venture/Consortium ...................................................................... ...................................................................... Email Address ...................................................................... Telephone Number ...................................................................... Fax Number ...................................................................... Mobile Number ...................................................................... Name and Surname of Contact Person (Title) ...................................................................... (To be submitted with the Tender Guarantee in case the provisions of Article 1.1 of the Instructions to Tenderer need to be applied) Page 21 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS 1. Statement on Conditions of Employment Tenderers are to ensure that self-employed personnel are not engaged on this contract. Non-compliance will invalidate the contract. It is hereby declared that all employees engaged on this contract shall enjoy working conditions such as wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or codes of practice or any amendment thereto in effect during the execution of the contract. In the event that it is proved otherwise during the execution of the contract it is hereby being consented that the contract is terminated with immediate effect and that no claim for damages or compensation be raised by us. Signature: ............................................................. (the person or persons authorised to sign on behalf of the tenderer) Date: ............................................................. Page 22 2. Statement - List of Personnel Publication reference: UM 1883 In line with Article 6.1.2 of the Instructions to Tenderers, please indicate the personnel who will carry out the works involved. Name and Surname Signature: Designation Qualifications ............................................................. (the person or persons authorised to sign on behalf of the tenderer) Date: ............................................................. Page 23 3. Literature/List of Samples 1. List of literature to be submitted with the tender: Item Descriptive Technical Literature of the Lift offered including the model number indicated in the catalogue Reference in Technical Specifications Volume 3 – Technical Specifications with specific reference, but not limited to, Clauses 3.35, 3.36, 3.37 & 3.73. 1.2 Attractive, scratch proof stainless steel. Choice of patterns to be offered. Volume 3 – Technical Specifications 1.3 Floor - Granite choice of types to be offered Volume 3 – Technical Specifications 1.4 Thick, rugged quilted padding 50mm x 50mm and typical hook to show hooking system. A drawing to be included indicating the actual fixing inside the car. Volume 3 – Technical Specifications 1.5 Shaft light fitting Volume 3 – Technical Specifications 1.1 Description 1.6 1.7 2. List of samples to be submitted with the tender: (Not Applicable for this tender) Item Description Reference in Technical Specifications 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Date: .................................................................... Page 24 4. Programme of Works Please attach the Workplan and the Programme of Works in relation to this tender as specified in Clause 3.10 of the technical specifications Page 25 VOLUME 1 SECTION 5 – GLOSSARY Definitions Note: the present definitions are given here for convenience only, in the context of the tender procedure. The definitions set out in the contract as concluded are determining for the relations between the parties to the contract. Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing regarding the execution of the works. Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a lump sum contract. University of Malta: means the Department of Contracts Contracting Authority: means the final beneficiary Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an objective and impartial professional opinion, or preventing him, at any moment, from giving priority to the interests of the University of Malta and the Contracting Authority. Any consideration relating to possible contracts in the future or conflict with other commitments, past or present, of a candidate, tenderer or supplier, or any conflict with his own interests. These restrictions also apply to sub-contractors and employees of the candidate, tenderer or supplier. Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the agreed terms and conditions. Contractor: The successful tenderer, once all parties have signed the contract. Day: Calendar day. Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and plant. Defects Notification Period: The period stated in the contract immediately following the date of provisional acceptance, during which the Contractor is required to complete the works and to remedy defects or faults as instructed by the Engineer. Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided by the Contractor and approved by the Engineer, for the carrying out of the works. Engineer's representative: Any natural or legal person, designated by the Engineer as such under the contract, and empowered to represent the Engineer in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. In this case, references to the Engineer will include his representative. Equipment: Machinery, apparatus, components and any other articles intended for use in the works Evaluation committee: a committee made up of an odd number of voting members (at least three) appointed by the University of Malta and possessing the technical, linguistic and administrative capacities necessary to give an informed opinion on tenders. Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the defects notification period stating that the Contractor has completed his obligations to construct, complete, and maintain the works concerned. Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of Contracts has issued this tender. Foreign currency: Any currency permissible under the applicable provisions and regulations other than the Euro, which has been indicated in the tender. General conditions: The general contractual provisions setting out the administrative, financial, legal and technical clauses governing the execution of contracts. Page 26 General damages: The sum not stated beforehand in the contract, which is awarded by a court or an arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party. In writing: This includes any hand-written, typed or printed communication, including fax transmissions and electronic mail (e-mail). Liquidated damages: The sum stated in the contract as compensation payable by the Contractor to the Contracting Authority for failure to complete the contract or part thereof within the periods under the contract, or as payable by either party to the other for any specific breach identified in the contract. Modification: An instruction given by the Engineer which modifies the works. National currency: The currency of the country of the Contracting Authority. Period: A period begins the day after the act or event chosen as its starting point. Where the last day of a period is not a working day, the period expires at the end of the next working day. Plant: appliances and other machinery, and, where applicable under the law and/or practice of the state of the Contracting Authority, the temporary structures on the site required to carry out the works but excluding equipment or other items required to form part of the permanent works. Provisional sum: A sum included in the contract and so designated for the execution of works or the supply of goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at all, as instructed by the Engineer. Site: The places provided by the Contracting Authority where the works are to be carried out and other places stated in the contract as forming part of the site. Special conditions: The special conditions laid down by the Contracting Authority as an integral part of the tender document, amplifying and supplementing the general conditions, clauses specific to the contract and the terms of reference (for a service contract) or technical specifications (for a supply or works contract). Supervisor/Engineer: The legal or natural person responsible for administering the contract on behalf of the Contracting Authority. Tender document/s: The dossier compiled by the Contracting Authority and containing all the documents needed to prepare and submit a tender. Tender price: The sum stated by the tenderer in his tender for carrying out the contract. Works: Works of a permanent or temporary nature executed under the contract. Written communications: Certificates, notices, orders and instructions issued in writing under the contract. Page 27 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS Section 21 - Right of Recourse (1) Where the estimated value of the public contract exceeds twelve thousand euro (€12,000) and is issued by an authority listed in Schedule 1, any tenderer or candidate concerned shall have a right to make a complaint to the Review Board in accordance with this regulation. (2) (a) The contracting authority shall be obliged to issue a notice and affix an advertisement, in a prominent place at its premises, indicating the awarded public contract, the financial aspect of the award and the name of the successful tenderer. The contracting authority shall, by electronic means or by fax, inform the tenderer or candidate concerned of the publication of the award. The contracting authority shall be precluded from concluding the contract during the period allowed for the submission of appeals. (b) The award process shall be completely suspended if an appeal is eventually submitted. (3) Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract authority may, within five working days from the publication of the notice, file a letter of objection, together with a deposit, with the contracting authority, clearly setting forth any reason for his complaint. The deposit to be paid in respect of tenders valued at less than forty-seven thousand euro (€47,000) shall be four hundred euro (€400), while those between forty-seven thousand euro (€47,000) and one hundred and twenty thousand euro (€120,000) shall be 0.5% of the estimated value of the tender, with a minimum deposit of four hundred euro (€400). The letter by the complaining tenderer shall be affixed on the notice board of the contracting authority and shall be brought to the attention of the recommended tenderer. (4) After the expiry of the period allowed for the submission of a complaint, the contracting authority shall deliver the letter of complaint, the deposit receipt and all documents relating to the public contract in question to the Review Board who shall examine the matter in a fair and equitable manner. In its deliberation the Review Board shall have the authority to obtain, in any manner it deems appropriate, any other information not already provided by the contracting authority. The Review Board shall determine the complaint by upholding or rejecting it. The written decision of the Review Board shall be affixed on the notice board of the contracting authority and copies thereof shall be forwarded to the Director of Contracts and all the parties involved. (5) The tenderer or candidate concerned who is not satisfied with the decision granted by the Review Board may refer the matter to the Court of Appeal (Inferior Jurisdiction) in terms of article 41(6) of the Code of Organization and Civil Procedure within a period of sixty days. Such recourse however may not delay the Head of the contracting authority from implementing the Review Board’s decision. (6) Tender documents issued in terms of this Part shall include a clause informing tenderers that the award of the contract is subject to the right of recourse as provided for in this regulation, a copy of which should be reproduced in the documents. (7) The Minister shall have the authority by order to extend the provisions of this regulation in order that recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to prescribe the procedure by which such recourse is to be granted. Page 28 VOLUME 2 VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE Our Ref: EB/eb/_______ [……………………………………..] [……………………………………..] [……………………………………..] [……………………………………..] [……………………………………..] Attn [……………………………………..] [……………………………………..] Dear Sirs, UM/1883 - Tenders for supply, delivery, installation, testing and commissioning of a Lift for the University of Malta. This is to inform you that your Tender, dated the [……………………………………..], for the above mentioned goods in caption, made under the abovementioned Call for Tenders, has been accepted by the University of Malta in full compliance with the General Conditions of Contract that were attached to the Tender Documents. As undertaken by your good selves in the tender you are to supply, deliver and install, the detailed furniture as per tender specifications within [……………………………………..] weeks, for a sum of [……………………………………..] exclusive of VAT and all as detailed and further amplified in your tendered offer no: [……………………………………..] dated the [……………………………………..]. As undertaken by you in your tender and as stated in the General Conditions of Contract, you are to ensure full compliance with the scope to affect delivery as detailed in the specifications. In this connection, your attention is hereby being drawn to the relative Clauses of the General Conditions of Contract dealing with your liabilities for failure to comply with the specifications referred to above. Your attention is hereby drawn to Clause 35 of the Instruction to Tenderers, wherein you are required to furnish the University of Malta, within 7 (seven) calendar days from the receipt/signatures of this Letter of Acceptance, with a Bank Guarantee drawn on a local Maltese Bank for the amount of 10 (ten) % of the value of this Contract and with a validity to expire on the __________ 20__. Said Guarantee has to be referenced with the relevant Tender Number. Failure to produce the said guarantee within the prescribed 7 (seven) days period may lead to the Contract being considered as having been abandoned, in which case, you will become liable to the relevant penalties stipulated in the General conditions of Contract. Yours faithfully, Director of Procurement I agree and confirm ------------------------Name of Tenderer & Signature Page 29 VOLUME 2 SECTION 2 – GENERAL CONDITIONS The full set of General Conditions for Supply Contracts (Version 1.04 dated 30 December 2013) can be viewed/downloaded from: www.contracts.gov.mt/conditions It is hereby construed that the tenderers have availed themselves of these general conditions, and have read and accepted in full and without reservation the conditions outlined therein, and are therefore waiving any standard terms and conditions which they may have. These general conditions will form an integral part of the contract that will be signed with the successful tenderer/s. Page 30 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS These conditions amplify and supplement, if necessary, the General Conditions governing the contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. Other Special Conditions should be indicated afterwards. General: Kindly note that wherever there is the term ‘Central Government Authority’ in the General Conditions, it is deemed to read as ‘the University of Malta’. Article 2: Law and language of the contract The Laws of Malta shall apply in all matters not covered by the provisions of the contract. The language used shall be English. Article 3: Order of precedence of contract documents The contract is made up of the following documents, in order of precedence: (a) the Letter of Acceptance, (b) any other applicable documents. Addenda have the order of precedence of the document they are modifying. Article 4: Communications 4.1 Director of Procurement Administration Building University of Malta Msida Telephone: +356 2340 2212/3 Fax: +356 21314307 Email: tenders.procurement@um.edu.mt Web: www.um.edu.mt/procurement All communications must be done in the English Language, as per General Conditions Article 7: Supply of Documents As per General Conditions Article 8: Assistance with Local Regulations The contractor shall comply with and fulfil all obligations imposed by Act 19 of the Police Laws and shall give all notices, obtain all permits; pay all fees that may be lawfully demanded by Public Offices in respect of works and complies with all requirements of the law and lawful authority. The contractor shall be responsible for the satisfactory working of the complete installation to the entire satisfaction of the Engineer as regards workmanship, materials, execution and maintenance within the guarantee periods specified and shall be responsible for compliance with all Statutory and Local Regulations and for compliance with all the tests required by the Engineer and all tests required by Enemalta Corporation. Page 31 Article 9: The Contractor’s Obligations Without prejudice to the Contents of Articles 11.1 to 11.10 of the General Conditions:The Contractor will be responsible for the safety of the works (including the materials and plant) until they are taken possession of by the University and shall stand the risk and be responsible for and must with all possible speed make good, all damage caused by accident, weather, storm or any other causes at his own expense. The Contractor must cover up and protect from damage from any cause, all new work. He must supply protection from the whole of the works executed and any damage caused must be made good by the contractor at his own expense The work shall be carried out in accordance with the directions and to the satisfaction of the architects, specifications and Schedule of Quantities and such further drawings and directions as may from time to time be given by the architects or supplied by the contractor as part of this contract. If the work shown on any such direction be in the opinion of the contractor, extra to that comprised in the specifications he shall, before proceeding with such work, give notice to this effect to the architects, but if no notice is given to the architects before the execution of the work, the contractor shall have no claim to any extra payment in respect thereof. Article 11: Performance Guarantee The value of the Performance Guarantee is 10% of the Contract value and must be presented within 7 calendar days of the Letter of Acceptance date. The performance guarantee shall be in the format given in Volume 2 Section 4 and shall be provided in the form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility criteria applicable for the award of the contract. The guarantee will only be released in accordance with the Conditions of Contract. Article 12: Insurance a) All risks insurance: The contractor is to insure in the joint names of the Contracting Authority, the works against loss and damage by fire, storm tempest, lightning, floods, earthquake, aircraft or anything dropped there from aerial objects, riot and civil commotion for the full value thereof plus 15% of all the works executed and all unfixed materials intended for, delivered to or placed on or adjacent to the works and shall keep such works, materials so insured until the completion of the works. b) Third party insurance: Without in any way limiting his responsibility under paragraph (a) above, the contractor shall effect a policy of insurance against the risks mentioned therein to cover an amount of not less than €500,000 (five hundred thousand Euro) for any one occurrence with the number of occurrences unlimited. The policy shall be in the joint names of the Contracting Authority and the contractor and shall include cross liabilities clauses Article 13: Performance Programme (Timetable) As per General Conditions Article 14: Contractor’s Drawings As per General Conditions Article 15: Tender Prices The tendered rates shall be inclusive of all work as specified, as well as any other works that are of a contingent or indispensable nature for completing the work in its entirety. The rates shall be inclusive of all materials necessary, profits and payments of Customs Duty and Landing charges on all Page 32 imported goods, taxes, ECO contribution, all hire of plant and machinery required as also all transport of materials to the site of works and so on. Tenderers are to give rates as quoted for. No claims arising from lack of ascertaining the site condition shall be entertained. The tendered rates shall be fixed rates and no allowance will be made for fluctuations in rates and prices or for any increase or decrease in the cost of labour and/or materials and other costs mentioned under Clause 18.1 Article 17: Patents and Licences As per General Conditions Article 18: Commencement Date Following the signature of the Letter of Acceptance, the Contractor will be notified in writing to commence works on site. As soon as possession of the site is given to the Contractor, he shall proceed with the works and complete same as soon as possible. It is essential that the whole of this work be completed at the earliest possible. Should there be no queries from the Contractor, the necessary work shall proceed and be completed as soon as possible, respecting the deadlines specified in Article 15 above. Article 19: Period of Performance Period of Performance whereby it is being requested that the delivery and installation would not exceed 16 weeks (possibly earlier) from the date of the letter of acceptance. Tenderers are warned that their offers may not be accepted if this clause is not acceded to. Article 21: Delays in Performance If the Contractor fails to start the works assigned to him on the specified starting date, a penalty of one thousand two hundred Euros (€1200) per day including Sundays and public holidays shall be imposed until the works have commenced. Subsequently the Contractor shall be subject to a penalty for delay of one thousand two hundred Euros (€ 1200) per day inclusive of Sundays and Public Holidays for any delays over the 16 week period, up to a limit of 20% of the awarded contract. As soon as this figure is reached the Contracting Authority reserves the right to invoke Clause 34.2 ( c ) of the General Conditions Article 22: Variations 22.1 Subject to the provisions of Article 78 of the Public Contracts Regulations 2010, the University of Malta reserves the right to vary the quantities specified. The total value of the supplies may not rise or fall as a result of the variation in the quantities by more than 25% of the contract price. The unit prices used in the tender shall be applicable to the quantities procured under the variation. Article 23: Suspension The words “Community Budget” are to be replaced by the word “Capital Budget” Article 24: Quality of Supplies a) All materials required for the completion of the works specified shall be provided by the contractor. b) The work is to be carried out in the best customary practice and the architect in charge is to be satisfied that the quantity of the materials conforms to that specified herein. Page 33 c) The contractor shall provide without extra charge all labour and equipment required by the architect in charge of testing, measuring or proving the efficiency of any of the materials used or of any portion or portions of the completed works. d) The Contractor shall guarantee the works that he has carried out, for a Minimum period of twelve months after completion, against defective materials and all workmanship Article 25: Inspection and Testing Tests on any materials, causes, etc. may be taken at any time during the course of the works and the contractor shall be bound to provide the architect with all such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing any work, and the quality, weight or quantity of any materials used and shall supply samples of materials before incorporation in the works, for testing as may be required by the architects, the Project Manager or Supervisor. Article 26: Payments: General Principles (a) Payments shall be made in Euro, up to 95% of the certified works carried out, with 5% being kept as retention money. (b) Payments shall be made by the University of Malta. The payment terms referred to under the relative Clause of the General Conditions particular to this tender state that payment shall be effective within a reasonable period time. This should be taken to mean that payment is to be effected within 60 days from the date of receipt of the invoice or request for goods delivered, services rendered of work carried out to the satisfaction of the Head of Department or his representative. Whenever the 30-day period is mentioned in this article, it is deemed to be 60 days. Article 26: Pre-financing Not Applicable to this Tender Article 26: Retention Monies The balance of 5% of the contract sum retained as per Article 43.1 above, will be retained for the duration of the defects liability period as stipulated in Article 39 (d) above and will only be refunded if defective work, if any, had been made good to the satisfaction of the architects, the Project Manager and/or the Supervisor of the Contracting Authority. Article 28: Delayed Payments The period quoted in Article 50.1 of the General Conditions may be subject to change according to the particular needs of the Department Once the deadline laid down in Article 50.1 has expired, the Contractor may, within two months of late payment, claim late-payment interest: [Malta Funds] A contractor would become entitled to the payment of interest at 2% over the rate of interest established by the European Central Bank for that particular period. By way of exception, when the interest calculated in accordance with this provision is lower than or equal to €200, it shall be paid to the Contractor only upon a demand submitted within two months of receiving late payment. Page 34 Article 30.6: Supervisor and Supervisor's representative i) The Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), shall have the power, during the course of the work, to order the contractor to remove from the site any materials which are considered to be of an inferior quality. He shall also have the power to order the removal and a proper re-execution of any work executed with the rejected materials in a manner contrary to the spirit of the specifications. Such orders shall be carried out by the contractor at its own expense. ii) In case of default on the part of the contractor to carry out such orders, the Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), shall have the power to employ and pay other persons to carry out same at the contractor’s expense; such expenses will be deducted from any monies that may be due to the contractor. iii) The contractor shall, if ordered in writing by the Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), suspend the works or any part thereof for such periods and at such times as so ordered and shall not, after receiving order, proceed with the work there in order to be suspended until he receives written authority from the Project Manager, to proceed therewith. The contractor shall not be entitled to claim compensation for any loss or damage sustained as aforesaid. iv) Should it appear to the Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), or any duly authorised member of his staff that any work in progress is being executed in a faulty manner, with unsuitable materials, by unskilled workmen/or by any means or manner not in accordance with the contract documents, then he or they may order immediate suspension of such faulty works by direct order to the contractor’s supervisory staff, foreman or ganger, until such time as the contractor shall adopt remedial measures to the satisfaction of the Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project Manager as delegated). Such order shall be complied with immediately the contractor shall not be entitled to any extra payment, compensation or extension of time for the completion on account of such suspension as per (iii) of this Clause. Article 31: Provisional Acceptance As per General Conditions Article 32: Warranty Obligations The Contractor shall replace at his expense any goods, which is proven to be defective even after completion. Article 40: Amicable dispute settlement If the amicable dispute settlement procedure fails, the Parties may, in the case of decentralised contracts, agree to try conciliation through the Maltese Conciliation Procedure. If no settlement is reached within 120 days of the start of the conciliation procedure, each Party shall be entitled to move on to the next state of the dispute settlement procedure. Article 41: Dispute Settlement by Litigation Any dispute between the Parties that may arise during the performance of this contract and that has not been possible to settle otherwise between the Parties shall be submitted to the arbitration of the Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of Malta. This law is based on “Model Law” which is the Model Law on International Commercial Arbitration adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced in the First Schedule of the Arbitration Act. Article 44: Checks and Audits Not Applicable Page 35 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Procurement Procurement Directorate Administration Building Msida MSD2080 Malta [Date] Dear Sir, Our Guarantee Number .......................... for €...................... Account: [Account Holder’s Name] In connection with the contract entered into between yourself on behalf of the Director of Contracts and [Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender and your acceptance under [UM File Reference], whereby the contractor undertook the [title of contract] in accordance with Article 13 of the Special Conditions the [works/services/supplies] as mentioned, enumerated or referred to in the Specification and/or Bills of Quantities forming part of the contract documents, we hereby guarantee to pay you on demand a maximum sum of €[amount in works and numbers] in case the obligations of the above-mentioned contract are not duly performed by the Contractor. This guarantee will become payable on your first demand and it shall not be incumbent upon us to verify whether such demand is justified. For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations between the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes of law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of performance or undertaking assumed under the tender documents as ratified in the contract. Any payments due to the contractor in respect of the obligations entered into under the contract above referred to shall be made through this Bank. This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for cancellation before that date any demand made by you for payment must be received in writing not later than the aforementioned expiry date. This document should be returned to us on utilization or expiry or in the event of the guarantee being no longer required. After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us or not, and our liability hereunder shall terminate. This guarantee is personal to you, and is not transferable or assignable. Yours Faithfully, ............................................. [Signatory on behalf of Guarantor] Page 36 VOLUME 2 SECTION 5 – SPECIMEN PRE-FINANCING PAYMENT GUARANTEE – Not Applicable for this tender (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Procurement Procurement Directorate Administration Building Msida MSD2080 Malta [Date] [Tender Reference] Dear Sir, We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 44 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until the equivalent value of [works/services/supplies] has been certified by the University of Malta. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of this date. Done at ………….., ../../.. Name and first name: …………………………… On behalf of: ………………… Signature: …………….. [stamp of the body providing the guarantee] Page 37 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this Tender (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Procurement Procurement Directorate Administration Building Msida MSD2080 Malta [Date] [Tender Reference] Dear Sir, We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 45 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the sums retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the date of issue of this certificate. Done at ………….., ../../.. Name and first name: …………………………… On behalf of: ………………… Signature: …………….. [stamp of the body providing the guarantee] Page 38 VOLUME 3 - TECHNICAL SPECIFICATIONS Note: Where in this tender document a standard is quoted, it is to be understood that the Contracting Authority will accept equivalent standards. However, it will be the responsibility of the respective bidders to prove that the standards they quoted are equivalent to the standards requested by the Contracting Authority. SPECIFICATIONS FOR THE INSTALLATION OF VERTICAL TRANSPORTATION SYSTEM 3.00 GENERAL SPECIFICATIONS AND CONDITIONS 3.01 Safety Regulations The Contractor shall comply with all safety regulations and shall be solely responsible for the safety of his workmen, the general public, and Government employees on the Site of Works. He shall also be responsible for any damage to Government or third party property that may be caused by him or his workmen. 3.02 Care of Existing Buildings The Contractor shall take all steps to protect the site. Every reasonable precaution is to be taken when carrying out the work, to avoid any damage or injury to property or persons. 3.03 Accidents and Risks The Contractor shall take responsibility for all risks of accident or damage to the work from whatever cause arising, and shall be responsible for the sufficiency of all means by him for the fulfilment of the contract and shall not be relieved from such responsibility by any approval other than a written approval which may have been given by Project Manager. 3.04 Setting Out and Levelling The Contractor shall be responsible for the true and proper setting out of works in relation to the original points, lines and levels of reference given by Achitect in charge, and for the correctness of the position, levels, dimensions and alignments of all parts of the Works. Final positions of equipment shall be determined in accordance with the agreed architectural room layouts. The checking of any setting out or of any line by Authority or its representative shall not, however relieve the Contractor of his responsibilities for the correctness thereof. 3.05 Site to be kept Clean During the Progress of the Works, the Contractor shall keep the site reasonably free from all unnecessary obstruction and shall store or dispose of any surplus materials and clear away and remove from the Site any wreckage, rubbish or temporary works no longer required. 3.06 Cleaning of Site on Completion On Completion of the Works the Contractor shall clear away and remove from the site such materials and leave the Site and the Works clean to the satisfaction of Engineer. 3.07 Existing Services The Contractor shall acquaint himself with, so far as is reasonably practicable, with existing services and shall through the execution of the Works take all the necessary precautions to protect and maintain such services. Page 39 3.08 General Responsibility of the Contractor All materials and methods of installation shall be in the form and nature as specified herein, to the satisfaction of the Engineer. 3.09 Materials and Workmanship All materials and workmanship to be provided by the Contractor are to be the best of their respective kinds and free from defects. The Contractor will be entirely responsible for the proper and efficient carrying out of the whole of the Work, which is to be done in the best workmanlike manner. All materials and equipment shall be delivered to the site in a new condition, properly packed against damage due to handling, adverse weather condition or other circumstances. 3.10 Programme of Works The Lift Contractor shall provide, with his offer, details of the delivery, installation period and completion required in a form of a Gant Chart. Within one week of signing the contract, the Lift Contractor shall also produce a detailed progress schedule in a form of a Gant Chart showing the programme starting and finishing times for all separate operations which each activity comprises. This schedule shall include details of equipment delivery periods, ordering dates for equipment; dates for drawing and equipment approval. 3.11 Samples Samples or any materials requested shall be submitted and approved by the Engineer before the relative orders for supply are placed. All costs of testing and provision of samples to be borne by the Contractor. It is the Contractor's responsibility to ensure that the Works comply with the samples submitted. The following Technical Literature shall be submitted with the tender offer: Lifts a. Attractive, scratch proof stainless steel. Choice of patterns to be offered. b. Floor - Granite choice of types to be offered c. Thick, rugged quilted padding 50mm x 50mm and typical hook to show hooking system. A drawing to be included indicating the actual fixing inside the car. d. Shaft light fitting The following shall be submitted for selection and approval by Architect before proceeding with the work: a. Sample of materials for car door, landing door, jamb, architrave, b. Lift car decorative finishing materials, c. Ceiling material, d. Floor covering material, e. Handrail, f. Call buttons, push buttons and floor indicators, g. Arrival gong, h. Directional and travel indicator, i. Display signs, j. Car operating panel, k. Any other items that the Architect considers necessary. 3.12 Testing and Measuring The Contractor shall provide without extra charge, all labour and equipment required by Engineer for testing and measuring the Works at all Sites. Page 40 3.13 Proprietary Materials All proprietary materials shall be to the approval of the Engineer and the Contractor shall be held responsible for delays caused by the submission of unacceptable details in connection with such approval. Where relevant all proprietary materials and products are to be used strictly in accordance with manufacturers printed instruction and / or recommendations, a copy of which shall be supplied by the Contractor to the Engineer prior to Commencing the Works. 3.14 Bad Workmanship Engineer shall, during the Progress of the Works, have the power to order: a. the removal within such reasonable time or times as may be specified in the order, of any materials which is in his opinion are not in accordance with the specifications or his instructions; b. the substitution by proper materials; c. the removal and proper execution of any work executed with materials or workmanship not in accordance with the drawings, specifications or instructions, and the Contractor shall forthwith carry out such order at his own cost. In case of default on the part of the Contractor to carry out such order, Engineer shall have the power to employ and pay other persons to carry out such work and bill expenses consequent thereon to the Contractor. 3.15 Misconduct of Workmen The Contractor shall, at the request of the Project Manager, immediately dismiss from the Works any of his employees who in the opinion of the Engineer are incompetent or misbehaving Such persons shall not be used again on the Works without the written permission of the Engineer. 3.16 Presence on Site The Supervisor shall be present on site of works during all working hours until the completion of the project. 3.17 Completion Period The Contractor shall complete all the works of the lifts installation as follows: Delivery, installation and commissioning of lift shall be not later than 16 weeks (earlier if possible) from the Order to Start Works. 3.18 Giving of notices and payment fees The Contractor shall give all notices and pay all licences, levies, premiums or other fees required to be given or paid by reason of any enactment or any regulation or bye-law of any local or other duly constituted authority in relation to the execution of the Works and by the rules and regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the Works and if any new fee is imposed or if any existing fee is increased after the Date of Submission by the Contractor of the Tender, all such new fees or increases shall also be at the expense of the Contractor. Page 41 3.19 Compliance with enactments and regulations The Contractor shall conform in all respects with: a. the provisions of any enactment, b. the regulations or bye-laws of any local or duly constituted Authority, and c. rules and regulations of such public bodies and companies as referred to in Clause 3.31, d. and any additions or amendments thereto during the continuance of the Works, which are applicable to the Works, and shall keep the Client indemnified against all penalties and liabilities of every kind for breach of any such enactment, regulations, or by-laws or rules. 3.20 Equipment Guarantee The Contractor shall guarantee all the equipment for a period of three (3) years from the date of handing over. During this period, the Contractor shall remedy all faults and/or change any part or parts as required at the Contractor’s cost and to the satisfaction of the Engineer. The Tenderer shall guarantee the availability of spare parts for a period of ten (10) years after commissioning. 3.21 Defects Liability Period The Defects Liability Period shall be a period of One (1) year from complete commissioning and handing over of the Works to the satisfaction of Engineer. This period shall not be deemed to have expired until the Contractor has made good all defects or faults to the Engineer’s satisfaction. During this period, faults or defects, which in the opinion of the Engineer are due to faulty materials, workmanship, or components, the Contractor shall then at his own cost remedy such defects. If the Contractor fails to carry out such ratification work as may be required to meet the Defects Liability, the Engineer may make other arrangements to have these Works carried out at the expense and risk of the Contractor. The cost incurred shall be deducted from the Retention Money. 3.22 Emergency Personnel The Contractor shall submit to the Client at the Start of Site Work, the name and address and telephone number of a member (or members) of his staff who can be contacted at all times outside normal hours, by the Client or Police in any emergency affecting the Works. The staff member shall be competent and have authority to take the necessary action. Companies not operating a 24-hour Emergency Breakdown Services shall make alternative contact provisions, such as a pager number, during the course of the Works. 3.23 Call Out During the 12 months Defects Liability Period, the Contractor shall respond in the event of a fault or breakdown of the equipment within four hours of being notified by the Client or his representative of such a fault. The Contractor shall be available for call out at any time during the Defects Liability Period. Following a Call Out the Contractor shall submit a written report to the Client clearly indicating the nature of the fault, rectification and any other remarks deemed fit. 3.24 Drawings Unless otherwise indicated or directed by the Engineer; the Contractor shall provide the following drawings and literature within two (2) weeks from the date of the Letter of Acceptance: Three (3) sets of detailed Installation Drawings; Three (3) sets of illustrative and technical literature on the equipment. All drawings shall be in any of the standard sizes to conform with BS. 3429. Page 42 During the course of the Works, the Contractor shall maintain a fully detailed record of all the changes from the Tender and Installation Drawings to facilitate easy and accurate preparation of the “As Fitted Drawings” and to ensure that these Drawings are in all respects a true record of the installation and including the location of all equipment. The drawings shall include the following; a. system block diagram b. device wiring and installation drawings c. details of interconnection with peripheral equipment 3.25 Operator’s and Maintenance (O&M) Manuals The Operator’s manual shall fully explain all procedures and instructions for the operation of the system, including: a. System entry requirements b. Operator commands c. Alarm and system messages The Maintenance manual shall include descriptions of maintenance for all equipment including inspection, periodic preventive maintenance, fault diagnosis, and repair or replacement of defective components. 3.26 Training The Contractor shall allow for two visits per Lift for the training of the personnel concerned. Training sessions shall be properly organised by the Contractor and the persons trained shall be listed by name, surname, identity card number and capacity in the respective Certificate of Handing Over. 3.27 Measurement of Works The Contractor shall prepare a list of installed materials for inspection and confirmation by the Engineer. 3.28 Dayworks Dayworks will only be payable when expressly ordered in writing by the Project Manager. The rates payable in respect of labour shall be for the categories which shall be agree prior to the signing of contract. A daily worksheet form shall be prepared by the Contractor and forwarded to the Project Manager for approval. 3.29 Electricity Supply Unless otherwise indicated all apparatus and wiring shall be suitable for use with a 3-phase, 4-wire, 400/230 Volt 50Hz earthed neutral system. CP1013 for earthing. 3.30 Other Regulations The installations shall comply with all the relevant statutory regulations current at the date of Tender, and in particular with the following: a. The IEE 17th Regulations for the Electrical equipment of Buildings b. Any special regulations by the Enemalta Corporation, Maltacom, Wireless and Telegraphy and Malta Standardisation Laboratories. Page 43 TECHNICAL SPECIFICATIONS - General 3.31 Scope of specification The scope of this specification includes the supply, installation, testing, commissioning, and handing over vertical transportation described in this document. All items necessary to provide a complete functioning installation shall be included whether or not they are detailed within this specification. 3.32 Scope of works The scope of works regarding the vertical transportation is to supply, install, test, commission and handing over the following machine room less lifts: 3.33 One in number passenger lift Site Inspection A site inspection can be carried out before the submittal of the offer. The Tenderer shall ensure the correctness of all the quoted parameters. Any incorrectness of this site inspection is the responsibility of the Tenderer. 3.34 Schedule of Equipment and Materials The Schedule of Equipment is to be compiled by the Tenderer and is to include a comprehensive list of equipment and materials to be supplied and installed, with all the respective manufacturer’s reference model, type, and/or part numbers and critical parameters. All technical literature submitted in the tender shall be in English. 3.35 TWO COPIES OF TECHNICAL LITERATURE AS DESCRIBED BELOW MUST BE SUBMITTED WITH THE TENDER DOCUMENT Technical literature shall be presented as follows a. Technical Covering Letter b. Schedule of Equipment c. Schedule of Materials d. Technical Literature in the order described below The Schedule of Materials must contain the following information (where relevant) presented in table format: a. Material description/ type/certificates b. Model reference c. Manufacturer d. Place of origin e. Dimensions f. Technical deviation 3.36 Manufacturer’s data sheets should be submitted for all plant equipment and materials, and for all components of all systems. Data sheets shall clearly highlight the relevant details. The Tenderer shall compile a List of Deviations to the Tender Specifications and briefly describe the advantages. Page 44 3.37 Compliance and regulations The materials and installation of the lifts detailed here in shall comply (where applicable) with the following: European (EN) Standards Malta Standards Authority (MSA) British (BS) Standards IEC regulations CIBSE Documents IEE Wiring Regulations 17th Edition Local authorities such as Enemalta, Wireless & Telegraphy and Malta Standardization Laboratories Regulations Health and Safety Regulations Good trade practices and other applicable regulations ISO All equipment and materials supplied shall be new and shall be CE marked. If the Tenderer quotes other equivalent standards he has to state standard and supply a copy of relevant specification in English with his tender. 3.38 Coordination The Contractor shall be responsible for the true and proper setting out of works in relation to the original points, lines and levels of reference given by the client, and for the correctness of the position, levels, dimensions and alignments of all parts of the works. 3.39 Prototype Site work which is repeated in its general form or in detail shall follow a procedure approved by the Engineer when the first instance arises. The result, when approved, shall be treated as the prototype for that particular work, to be followed exactly in all subsequent instances. 3.40 Builders work Builders work drawings detailing concrete bases, underground ducts, trench work and holes greater than 100mm by 100mm shall be provided by the Contractor before the contract starts on site. All builders work shall be made good by appropriate fire rated barriers. Materials, to be supplied and installed by the Contractor. Any construction or structural works including builder’s work, drilling for anchoring brackets, trenching, preparation of trench for laying of services, pouring of concrete, etc. in connection with the services described in this tender, even if they are not explicitly mentioned or stated in the BOQ or specifications shall be catered for by the Tenderer at no extra cost, unless they are not indicated that these works are carried out by others. 3.41 Inspection and Testing The installations shall be inspected and tested by the Contractor in the presence of the Engineer, in accordance with the manufacturer’s instructions and recommendations in order to ensure full compliance with the standards. Works shall be regarded as complete only when the systems have satisfactorily passed such tests. Upon successful completion of the works the Contractor shall issue a certificate indicating that the installation has been checked in accordance with the manufacturer’s requirements and the relevant standards. The safety, integrity and reliability of the materials and their installation shall be the Page 45 sole responsibility of the Contractor. instruments for conducting the tests. The Contractor shall provide all the necessary tools and The inspection and testing process shall be continuous and shall begin when work on the systems commences. Work in progress shall be checked and supervised by the Contractor with particular attention to the standard of workmanship. The final testing and certification shall be carried out by a technically qualified person authorised to carry out such works on behalf of the manufacturers. The Tenderer shall identify such persons and qualify their training and expertise in the field. 3.42 Qualification Requirements of the Mechanical Warranted Engineer The Mechanical Engineer appointed by the Contractor who is to supervise the installation, the quality of works, test and commission the system when complete must be a warranted engineer specialising in the installation, supervision, testing and commissioning of similar projects described in this tender. 3.43 Subcontracting Data concerning sub-contractors and the percentage of works to be sub-contracted: The maximum amount of sub-contracting must not exceed 20% of the total contract value with the main contractor having the ability to carry out at least 80% of the contract works by his own means. TECHNICAL SPECIFICATIONS FOR THE LIFTS 3.44 Declaration of Conformity The lifts shall carry the European CE mark as confirmation of compliance. The lifts and installations shall comply with the Lift Directive 95/16/CE and meets the requirements of EN81-1, EN81-70 and Access for all design guidelines (KNPD). Moreover, all drive and control equipment shall be designed in accordance with EMC Directive 89/336/EEC (EN 12015, EN 12016). On the complete of the installations of the lifts the Contractor shall make all the necessary arrangements to obtain the certification by a Notified Body and issue the Report of the Preventive Inspection of lift according to LN 231 of 2007. 3.45 Description of Procedures With the technical literature submitted the following shall be included: Method of testing safety gear Procedure for transferring people out of the car in case when lift car develops a fault and stops between landings. 3.46 Installer The installer expertise on maintain an fulfilment of job site. must be a Contractor “licensed” to install equipment of this scope, with evidence of this type of equipment. The Contractor must also employ competent personnel, adequate stock of replacement parts, have qualified people available to ensure maintenance and call-back service without unreasonable loss of time in reaching the Page 46 Tenderer is to submit a list of qualified persons who will be working on the installations, testing, commissioning and eventually who will be carrying out any repairs when need arises. To this regard relevant certificates of the nominated persons shall be endorsed which show their competence for the installation, testing and repairing of such systems. The Tender must also endorse with the offer a list of the MRL type lifts already installed and a list of lifts which are due to be installed by the end of this year. 3.47 The technical characteristics of the lift are summarised below: Type of Lift : Drive : Rated load : Motor Location Decoration load allowance: Power supply Doors : Clear door opening : Clear height door opening: Location of maintenance access panel Car entrances No. of Stops : Passenger Lift Heavy Duty Gearless motor – no oil ACVVVF Not less than 630 kgs, 8 persons Inside lift shaft at top Additional weight for decoration load 400/ 230V, 50Hz 2 panels side opening doors 900mm Not less than 2000mm Top most floor Refer to drawing. 3 stops, two in line one corner 90 degrees relative to each other (intermediate) Landing door frame Box frame type External dimensions of box frame To be advised by Tenderer Landing call collection method Control Collective Display indicator To be located on each door at all floors Internal Car dimensions 1.20m x 1.25m Parking/ Homing/ Main Floor Ground Floor Internal Shaft dimensions 1.85m W x 1.58m D Speed To be advised by Tenderer Doors open and closing times 3.6s or better and to incorporate advanced door opening. Starts per hour 180 Approx. Travel 4.20m to be confirmed on site Head room 3.5 m to be confirmed on site Pit depth 1.5m to be confirmed on site Finishes of internal car walls, doors, Attractive, scratch proof stainless steel. Choice of architraves and floor patterns to be offered. Floor: Granite type choices to be offered. Others The maintenance access panel shall be located at the topmost floor on the machine side. Equipment guarantee Three (3) years 3.48 3.49 Common Features of Lifts Levelling accuracy +/- 5mm Means for manually emergency hand lowering or raising of lift car. Car to be guided in shaft by guides on both sides. Drive System The drive system shall be of the gearless machine type, powered by a synchronous motor controlled by a VVVF variable frequency drive. The drive system shall contain no oil. The drive system shall be of the low revving type and shall emit low sound levels. Page 47 A safety device shall be incorporated in the system to prevent the motor from overheating and burning. This thermal protection device shall monitor the winding temperature using thermistors. When the motor winding cools down the lift shall resume operating automatically. The lift control system and motor shall also be protected by a phase failure protection. When the power supply is unsafe due to a missing phase the lift shall stop immediately from operating. 3.50 Control System The following features shall be provided to ensure adaptability and trouble free operation: Power supply regulator with a high input/output voltage differential to ensure immunity from fluctuations in the mains supply. Visual indicators on key input and output signals to aid maintenance. A safety device shall be incorporated in the control panel to restrict the motor from excessive running. This device shall stop the operation of the lift motor when it detects that the time the motor has been running exceeds the time needed for the longest possible travel of the car. A door opening prevention switch shall be incorporated in the control panel. This switch when activated shall block the car door from opening. Another separate switch shall be located in the control panel in order to disconnect the elevator from receiving landing calls. Another important feature to be included in the control panel is a test device for the over-speed testing of lift. 3.51 Lift Ride Characteristics The ride comfort of the lift shall be within the following parameters: Floor vertical vibration level – maximum 90dB (re 1x10-6m/s2) at any frequency between 1 – 100Hz. Maximum jerk shall not exceed 2.0 m/s3 Lateral quaking: PkPkls max 35 Gal, AvPkPk max 20 Gal Noise at 1m distance of landing door at top most floor shall not exceed 48 dB(A). Noise in lift shaft during a run shall not exceed 57 dB(A) Mean noise level in car when lift is working 50-55 dB(A) with car ventilation fan switched off. 3.52 Automatic Emergency Evacuation Device In case of power failure, the drive system of the lift shall incorporate an automatic emergency evacuation device enabling the car to be lowered to the closest landing level to permit passenger evacuation. The device shall also incorporate the feature, which enables the doors to open automatically. 3.53 Load Control System The lift is to be protected against overloading by a weight unit control. The lift shall not start to move until the load inside the lift is within the designed weight. A constant light and an audible signal in the car shall be activated in case a car becomes overloaded. The load control system shall consist of sensors and a control unit. Sensors shall be attached with each cable. Apart from monitoring the total load in the car, the sensors shall be capable to monitor the tension independently in each cable and avoid the lift from operating when there is un-equal force among the cables. The sensors shall produce neither friction nor displacements along the cables. The control unit to which the sensors are connected shall have incorporated a software to detect errors, as on the installation and operation. The unit shall have inbuilt a keyboard for programming and display. It shall also include the capability to connect cabin display output and provide inhibition of entrance. The unit shall be capable to show the weight that supports each cable and ease in the adjustment of even tension in the cables. The cabin display shall indicate progressive display with Page 48 complete load. Overload indication shall be visual and audio. The load control system shall also be capable to interact with the lift microprocessor. When the lift is operating on full load, calls from landing floors shall be ignored in order to avoid un-necessary stoppages. 3.54 Lift controls and indicators a) To facilitate inspection and maintenance, a readily accessible control station shall be provided on the car roof. This device shall be brought into operation by a switch. This switch, which shall be bi-stable, shall be protected against involuntary operation. The movement of the car shall be dependent on a constant pressure on a push-button protected against accidental operation and with the direction of movement clearly indicated. The control station shall incorporate an emergency stopping device. A 13 ampere socket outlet and door open door close switch shall also be included in the control station. b) Control devices in the car shall consist of: one call button for each floor one alarm button one door closing button one door opening button. one extend door opening All buttons are to be of the push illuminated anti-vandal type. Call buttons shall project rather than be recessed or flush and their faces should be concave or flat with a diameter of not less than 15 mm. Digits shall be embossed or relieved and shall be incorporated on the lift buttons or on the panel immediately beside the lift buttons. The controls shall be located on the side walls at a minimum distance of 400 mm from the face car door. Push buttons to have Braille integrated in them. Function buttons shall be located below floor buttons. c) The alarm button in the car shall activate an alarm bell powered by a live charged battery. The alarm bell shall be audible from the car and surroundings. A remote alarm shall be located at the main reception. d) Indicators in the car shall consist of an illuminated sign to indicate that the car call has been registered, car position indicator and directional arrows showing clearly the direction in which the car is moving. Car position and directional arrow shall be displayed on a LCD. Overload and full load bypass shall also be available. These shall be located upon a textured finish (antivandal) stainless steel column control panel with height equal to that of the cabin. e) Indicators in all landings shall consist of an LCD. This shall indicate clearly the position of the car and the direction in which the car is moving. Control devices on landings shall consist of push button/s on each landing and with an illuminated sign to indicate that the call has been registered and will be answered. If automatic push button control system is being used then in order to avoid user frustration, a ‘Lift Busy’ indicator shall also be positioned as part of the digital display or adjacent to each landing call station to indicate that the lift cannot accept landing calls. Call buttons on landings shall be in conformity to car buttons. f) When the lift is out of service the landing controls shall indicate very clearly that the lift is out of service. g) A gong shall be incorporated within the lantern element located at each landing floor to indicate arrival of lift car. This gong shall not be located on the car. h) A device shall be installed in the car to meet the latest lift directive for lift communications. The two way communication facility shall provide a means of communication between a person trapped in the car and the machine room. Also it shall be capable to dial at least 5 programmable telephone/mobile numbers automatically and establish communication between the person(s) in the lift and the persons outside. The device shall be hands free (anti-vandal resistance) and shall be activated by a push of a button. One of the telephone numbers shall also include contact with lift Contractor emergency call service. Communication between motor Page 49 room and top of the car shall also be possible through an intercom handset which shall be supplied and installed by the lift Contractor. i) A speech synthesiser shall be incorporated in the control panel of the car. This shall enable a computerised voice to inform passengers of floor arrivals and car departures. Other announcements shall also be possible to be recorded as desired by the Client. 3.55 Doors a) Car and landing doors shall be of the imperforated, fully automatic. They shall incorporate both mechanical and electrical locking devices. In the case of emergencies, all landing doors must be provided with external opening devices (standard triangular locks). b) Car doors shall be fitted with a sensitive pressure device extending the full height whereby doors are stopped and reopen when they are held or obstructed. A protection device shall automatically initiate reopening of the door in the event of a person being struck by the door in crossing the entrance during the closing movement. c) Doors should give a clear opening width as indicated in table above. When closed the clearance between panels, or between panels and uprights, lintels or sills shall not exceed 6 mm when measured from the back of recesses, if any. d) Infra red full ray curtain to control the closing shall be fitted into the lift cabin doors to control the closing on each car door. When activated, it shall prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors shall remain open as long as the flow of traffic continues shortly and shall close after the last person passes the door opening. This device shall include a self-contained diagnostic system that shall display a code to indicate the exact nature of any problems that may occur. e) Doors, with their locks, shall possess mechanical strength such that in the locked position and when a force of 300 N is applied at 90 to the panel at any point on either face, being evenly distributed over an area of 50 mm2 in a round or square section, they shall: i) resist without permanent deformation ii) resist without elastic deformation greater than 15 mm iii) operate satisfactorily after such a test. f) Landing doors shall be designed to avoid during normal operation: derailment, jamming, or displacement at the extremities of their travel. Horizontally guided doors shall be designed in such a way as to minimise risk of damage or injury due to jamming of a part of a person, clothing or object. Horizontally guided doors shall be guided top and bottom.. g) Landing doors shall have a minimum clear height of 2,000 mm. The clear entrance of the landing doors shall not extend more than 50 mm in width beyond the clear car entrance on either side. h) In order to permit passengers to leave the lift car, if the lift stops for any reason close to a landing, it shall be possible with the car stopped and the supply to the door operator (if any) disconnected : i) to open or partly open the car door by hand from the landing.. ii) to open or partly open the car door together with the landing door linked to it if they are coupled, by hand from within the car. i) Every landing shall incorporate a sill of sufficient strength to withstand the passage of loads being introduced into the car. j) The lift control system shall be automatically deactivated to prevent movement of the car should the car or landing doors be opened. Page 50 k) Doors are to be controlled by a brush-less system. The system shall consists of the following: a. Car door operator b. Electronic card with microprocessor c. Brush-less motor with encoder feedback This system shall be capable to automatically control the opening and closing of the lift doors, monitoring; timing, current variation, speeds (max, min. acceleration and deceleration curves), various safety systems (reversing system, nudging etc.) and errors (high voltage, thermal protection and signal failure). l) The external finish of the landing doors, car doors and internal car wall shall be as indicated in the table above. m) A feature shall be included in the lift to open safely the lift doors while the lift is still moving at slow speed. n) Full facia architraves in similar finish of doors, shall be supplied and installed with the landing doors. 3.56 Lift car and finishes a) Tenderer shall submit details of any deviations to the following internal proposed interior of the car. Any available colour schemes for floor, ceilings etc. as requested, are to be approved by the Engineer. b) The floor surface shall be slip-resistance and shall resist damage by wheelchairs, and other loads. A scratch proof stainless steel kick plate 200mm high shall be installed at floor level on fixed sides of the cabin. c) A false soffit of light colour finish shall be suspended from the ceiling thus allowing central forced ventilation to be hidden. The fan shall be of a very low noise rating – less than 35dBA at 3 metre distance from fan. This fan shall only operate when a call has been registered and shall remain functioning for a period of time after the lift has completed its destination. Natural ventilation openings shall be added and shall be located in hidden positions. d) Car lighting shall be suitably located and in sufficient number for adequate lighting within the cabin when the doors are closed. The type offered shall be LED. The car lighting shall be automatically controlled. It is switched off after a set time interval after the last run when the doors are closed. Car lighting is switched on when the car has a call to serve. There shall be a self sustained emergency light fitting which shall operate automatically in the event of a mains failure. The same light source shall contain a minimum power of 7 watts for 3 hours continuous operation. e) Flush mounted half panel laminated mirror shall be installed in lift on wall of car. f) The car shall also incorporate three (3) in no. satin finish stainless steel handrails on all sides of the cabin walls. These handrails are to be round and having diameter of 40mm. g) The car roof shall be able to support two persons at any position without permanent deformation. h) The rated load of the lift in kilograms as well as the number of persons are to be displayed in the lift car. The name of the lift supplier and the lift serial number shall also be displayed. Page 51 i) Thick, rugged quilted padding shall also be supplied to cover the three sides of the internal car walls of the passenger/ service lift. The padding cover shall be made from tough polyester backed vinyl. The hooks and studs to retain the padding in place shall be made from stainless steel. The padding shall be easily unhooked for cleaning and maintenance purposes. Choice of colours shall be submitted by the successful Tenderer before ordering. 3.57 Electrical Requirement a) Power supply characteristics shall be 400V, 3-phase 50 Hz. Mains isolation device is to include no protective equipment (i.e. fuses or circuit breakers). Such protection is to be located at the point where the main supply feeds the lift. Suitable protection for the lift controller must be provided by the manufacturer. This especially shall include protection against surges with very short and long durations. b) The lift control panel shall contain, for the lift, a mains switch (lockable) capable of breaking the supply to the lift on all the live conductors. This switch shall be capable of interrupting the highest current involved in normal conditions of use of the lift. This isolator and complete consumer unit shall be provided by the lift Contractor. c) This switch shall not cut the circuits feeding: car lighting or ventilation; socket outlet on the car roof; lighting of machine and pulley rooms; socket outlet in the machine room and pit; lighting of the lift well; alarm device. d) All wiring in the shaft must be carried out in conduit. Exposed wires will not be accepted. e) All equipment being offered should be power factor corrected up to 0.9 and to Enemalta regulations and the latest edition of the IEE regulations. f) The lift shall be provided with an electronic device preventing a start of a journey when the voltage pressure exceeds or falls below the full load pressure by more than 20 %. 3.58 Emergency Call System The lift shall be equipped with the facility for a Direct Line to be connected. The line will be supplied by the University. 3.59 Lift Well Construction and Pit a) All necessary openings and adjustments in the civil structure are to be carried out by others. To this effect all drawings in relation to building alteration are to be forwarded to the Architect in charge of the project within two weeks from letter of acceptance. Contractor is to ensure before commencement of installation that pit depth and headroom are according to the lift selected. b) A ventilation area of 0.1 m2 shall be provided at the top of the shaft for smoke extraction purposes. The builder’s work for this opening and aluminium weather louvers shall be carried out and provided by the Lift Contractor. c) The lift shaft shall be provided with a permanent electric shaft lighting, which allows for servicing even when all doors are closed. Lights shall be installed at 0.5 meters from the highest and lowest points in the wall with intermediate lamps suitably located at a maximum distance of 1.5m from each other. The luminaries shall be of the round mounted type. The body of the luminaries shall be made of plastic complete with ribbed glass cover and wire guard made of Page 52 galvanized steel. Type of protection IP 54 and PL wattage lamp 100W. The shaft lighting first fix and wiring to be carried out by the lift Contractor. This shaft lighting can be switched on either from the maintenance control panel and from the pit. d) Weatherproof type 13A socket outlet shall be located in the pit at a height of at least one meter from the bottom. This shall be one circuit connected to an MCB located in the consumer unit. e) In the pit there shall be an emergency stopping device accessible on opening the door to the pit to stop and keep the lift from moving. On or near the stopping device there shall be the word ‘STOP’ so placed that there can be no risk of error as to the stop position. f) Galvanised ladder shall be supplied and installed to provide easy access to the pit. 3.60 Lift Construction a) Energy absorbing spring buffers shall be installed beneath the car in the pit. The type offered shall be specified and details submitted at the time of the tender. They shall maintain the car stationary at a distance not exceeding 0.12 meters below the level of the lowest landing, when carrying the rated load. When fully compressed the ram shall not hit the base of the cylinder. b) The car and counterweight shall be guided by a minimum of two solid steel guides. These shall be of T-iron solid section. Hollow guides are not be accepted. Guide rails shall be machined to ensure smooth running of the car. They shall rest on the bottom of the pit on specially designed plinths to avoid excessive loads on shaft walls. Guide rails shall include all brackets, cross members and clamps. The strength of the guides, their attachments and joints shall be sufficient to withstand the forces imposed due to the operation of the instantaneous safety gear and bending due to uneven loading of the car. The deflections in the latter case shall be limited to values that will not effect the normal operation of the lift. The fixing of the guides to their brackets and to the building shall permit compensation, either automatically or by simply adjustment, of effects due to normal settling of the structure. Guides brackets shall be supplied by the manufacturer already treated and painted against rusting. Counterweight screen in pit shall also be supplied and installed. c) At the base of each guide an oil tank shall be installed in order to collect and absorb superfluous lubricant oil from the lift guide rails. The tanks shall contain a replaceable absorbent cartridge. The tanks shall be held against the rails with a metallic spring. d) Travelling cable shall be of the flat flexible type. Raceways and shaft harness shall be in plastic channel trunking in the hoist way. e) All exposed steel parts of machine, car, doors and any other fittings in the shaft, including guide rail brackets shall be protected with factory applied rust protected paint. f) Car shall be suspended from steel wire ropes. A data plate shall be fixed with the ropes containing all the necessary information about the ropes. All wire ropes used must be certified for the given working and braking load. The certificate shall also contain all the required information for ordering the replacement ropes. Recommended rope lubricant if any shall also be provided. This rope certificate shall be submitted by the Tenderer with his Tender offer. g) A device shall be supplied and installed permanently for testing the safety brakes. h) The over-speed governor shall be supplied complete with a safety switch that will stop the lift from working if it detects a slack, loosened or broken overspeed governer. i) Safety rails on top of car shall be installed where the gap between the car and shaft wall exceeds safe limits. Page 53 3.61 Fire Protection a) The walls, floor and roof of the car shall not be made of materials likely to become dangerous through too great flammability or through the nature and volume of gas and fumes they may generate. b) Lift car, shaft, car doors and landing doors shall be manufactured and installed according to the fire protection specifications as detailed in the relevant clauses of EN 81 Part 1. Landing doors and frames shall have a fire resistance of at least one (1) hour. c) A fire fighting lift switch is to be provided in accordance with EN 81. These shall be located in lift control station and at the upper-ground floor level. 3.62 Notices and Operating Instructions a) Car An information plate engraved in such a way as to be easily read is to be fixed inside the car and it is to include: the rated load of the lift in kg; number of passengers; lift manufacturer’s name; supplier’s name. CE lift reference number b) Car roof On the car roof the following information shall be given: the word ‘STOP’ on or near the stopping device; the words ‘NORMAL’ and ‘INSPECTION’ on or near the inspection operation switch; the direction of motion on or near the inspection buttons. c) Pit On or near the stopping device in the pulley room there shall be the word ‘STOP’. d) Devices On the following items a data plate shall be fixed indicating: the name of the manufacturer of the item; the type examination sign and its references. Buffers Locking devices Safety Gear. e) Electrical Identification Contactors, relays, fuses and connection strips for circuits coming into the control panels shall be marked in accordance with the wiring diagram. In the case of the use of multiple wire connectors, only the connector (and not the wires) needs to be marked. All labels, notices and operating instructions shall be legible and readily understandable, if necessary aided by signs and symbols. They shall be untearable, of durable material and placed in a visible position. Page 54 3.63 Protection of steel work and stainless steel All exposed and unexposed metal and steel works shall be protected against corrosion. The protective treatment shall be in accordance with the recommendations of BS5493, unless otherwise specified herein. Painting shall be carried out generally in accordance with CP231. Materials which are not required to be painted, such as stainless steel, aluminium etc. shall be protected with a plastic coating for protection during transport and installation. 3.64 Noise and Vibration Reduction a) Lift equipment shall be adequately damped and treated to avoid airborne noise transmission. b) All lift equipment, motor, etc. shall be isolated from the building structure by appropriate rubber dampers. c) Car extractor fan must be of a very low noise rating - 35dBA at 3 meter distance from fan. 3.65 Civil Works It is in the interest of the tenderer that a site visit be carried out prior to tendering. It is the responsibility of the Tenderer to take exact the measurements before ordering the lift. The tender price shall include civil works required to complete the installation such as chasing to install the landing door frames, the preparation of trenches and holes between machine room and the pit and any other modifications. Contractor shall forward drawings which show plan drawing of lifts within shafts, elevations drawings for door openings and details of maintenance panels and controls. 3.66 Lift Warranty The lift Contractor shall guarantee the materials and workmanship of the apparatus furnished under these specifications for a period of three (3) years. The Contractor shall be responsible to install all the necessary devices to protect all the electrical components from abnormal power supplies. The prices of such protection devices shall be part of the lift equipment. The Client shall make good for any defects which may develop within the warranty period due to ordinary wear and tear or vandalism; abuse, misuse, or neglect or any other cause beyond the control of the elevator contractor. 3.67 Maintenance Service A quality maintenance service consisting of regular examination, adjustments, and lubrication of the lift equipment shall be provided by the lift Contractor. All work shall be performed by competent employees during working hours of regular working days and shall include 24-hour emergency call backs. Materials shall also be included in the BOQ item for the maintenance agreement. This service shall not include adjustments, repairs, or replacement of parts due to negligence, misuse, abuse or accidents caused by persons other than the elevator contractor. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be provided. The lift Contractor shall provide a log book for the lift, which shall be located in the lift room at a convenient place. The log book shall be a hard bound book containing lift reference numbers, manufacturers’ names of main components, date of installation etc. On the log book all the maintenance visits and visits related to faults shall be noted. 3.68 Submittals of work shop drawings (in hard and electronic copy) Lift Contractor shall, as soon as possible and well before the relevant work proceeds, prepare and submit for approval detailed and co-ordinated working drawings, sequence of work, equipment Page 55 fabrication (shop) drawings, detailed internal and external wiring diagrams, etc. The drawings shall be based on tender drawings, but amended to account for any modifications to building or installation which may have taken place, and for any adjustments due to the actual equipment offered. The working drawings shall be drawn to suitable scales relative to their purposes, and shall include adequate plans, elevations, sections and views as necessary to show all dimensions, levels and installation details. All such drawings shall be approved by the Architect in writing before any work is put in hand. 3.69 Lift Contractor shall prepare and submit hardcopies and electronic copies of the following drawings: Certified dimension drawings, Plant room layout and sections, Installation details, Structural requirements with detailed dimensions, openings and reaction at support, Dimension and location of drive machine, Location and loading of hoisting support point to be designed by Lift Contractor and submitted for Architect's approval for delivering heavy equipment into position, Internal and external wiring diagram for all electrical works and diagrams showing interconnection between items, Control and logic design, Manufacturer's shop drawings of suitable scale, Builder's work drawings - Lift Contractor shall provide fully detailed builder's work drawings. These drawings shall show dead and live loads of all plant, fully dimensioned details of all plant bases, wall chases, and penetrations. This information shall be prepared in sufficient time for incorporation in the Main Contractor's programme Progress drawings, Record drawings and charts. 3.70 Notified Body The Notified Body must have at its disposal the necessary staff and possess the necessary facilities to enable it to perform properly the technical and administrative tasks connected with inspection or supervision. Details and experience of the Notified Body shall be endorsed with the submitted offer. 3.71 Documentation Before installation the following information and certification in English language shall be submitted: Declaration certificate that lift conforms to EN 81/1, EN81-70, EN81-71, EN81-72, EMC Directive 89/336/EEC (EN 12015, EN 12016). Declaration of conformity by installer to the manufacturer’s recommended procedures. Certification by a Notified Body to comply with the lift directive 95/16/EC Control system Safety gear type and certification Doors certification: fire rating and locks certificate Description and details of over speed governor Type of motor and characteristics Maker, type, power rating, current rating and speed (rpm) of motor Ropes -nominal diameter, lay & construction and length plus ropes test certificate. Buffers certification General specification of the lift installed Installation drawings Complete lift electrical circuit drawings Installation, operational, and maintenance manuals Page 56 3.72 Testing, Commissioning and Handing Over The Lift Contractor shall be responsible for the provision of all necessary labour, apparatus, instruments, equipment and facilities for the full testing, checking and commissioning of the specified works. The Lift Contractor shall give at least 15 working days, notice to the Engineer in charge for witnessing of tests and commissioning. Before the lifts are accepted and put into service on the specified maintenance period, each lift shall require a site acceptance test witnessed by the Engineer to ensure the lifts operate in every respect in accordance with the requirements of the Specification. 3.73 Lift information to be submitted at tendering stage: Manufacturer of drive system _______________________ Manufacturer of controller _______________________ Manufacturer of guides _______________________ Manufacturer of car _______________________ Manufacturer of doors _______________________ Manufacturer of wire ropes _______________________ No. of ropes _______________________ Diameter/Size of ropes _______________________ Motor consumption (kW) _______________________ Motor Nominal current (A) _______________________ Maximum motor r.p.m. _______________________ Starts per hour _______________________ Lift speed up/down m/s _______________________ Acceleration time from stand-still to contract speed _______________________ Acceleration distance (m) _______________________ Deceleration time from contract speed to stand still _______________________ Door opening time (s) _______________________ Door closing time (s) _______________________ Floor vertical vibration level _______________________ Maximum jerk (m/s3) _______________________ Lateral quaking: PkPkls Gal _______________________ AvPkPk Gal _______________________ Page 57 Levelling accuracy _______________________ Noise in lift shaft during a run dB(A) _______________________ Noise at 1m distance of landing door at top most floor when lift is operating _______________________ Mean noise level in car when lift is working with car ventilation fan switched off. _______________________ Page 58 VOLUME 4 - FINANCIAL BID TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF A LIFT FOR THE UNIVERSITY OF MALTA Bills of Quantities Bill No. 1 Preliminaries Bill No. 2 Lift Page 59 Bill 1 – Preliminaries ITEM QTY UNIT 1.1 Prepare a risk assessment report outlining all risks involved and measures to be taken to minimize or eliminate potential risks. The report is to be prepared and signed by a competent person and to be submitted within three weeks from commencement of works. Such document has to be updated as maybe requested by the site H & S Supervisor. 1 L.S. 1.2 Allow for the provision of a detailed daily log of all the works and materials and maintaining in an orderly manner in Building File. 1 L.S. 1.3 Allow for carrying out all surveys, setting out of works, arranging levels including the provision and erection of permanent setting out marks of the quantity and quality as required by the Employer's Representative. All works shall be contained or implied for in the contract documents and including all the necessary resources, unless included elsewhere in the Bills of Quantities. 1 L.S. 1.4 Allow for appointing a Health and Safety Coordinator and for complying with all local Health and Safety regulations, the safety precautions and regulations as laid down in the contract documents and Health and Safety Plan. 1 L.S. 1.5 Allow for the provision of all safety personal clothing and equipment for all the workers involved and the provision of an "on call" medical doctor, provision and maintaining of all lifesaving equipment, personnel, warning signage, markings, etc. As per General Conditions Art.20. 1 L.S. 1 DESCRIPTION RATE € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT TOTAL € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT PRELIMINARIES All materials to be used within this contract are to be approved prior to delivery to site. Total Carried Forward Page 60 ITEM DESCRIPTION QTY UNIT RATE € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT TOTAL € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT Total Brought Forward 1.6 1.7 Allow for continuously keeping the site and building clean and in a workman type condition free from debris, surplus materials and any other type of loose matter arising from works (which include variations to contract), which will disturb the proper conditions of any internal and external areas, roads and/or adjoining structures. Site Cleaning is to take place during the whole duration of works, as instructed by the University of Malta and as per General Conditions Art.25. Allow for the protection at all times the whole of the Site, Works and all underlying floors, including the provision of hoarding, scaffolding, screens, fans, planked footways, guardrails and similar items as required and as deemed necessary at all times by the Safety coordinator and Project Supervisor Construction Stage (PSCS Health & Safety). All safeguards must be taken not to damage any other ongoing works in the premises and immediate vicinity, and adequate protection must be allowed for in this regard. All damages must be made good by the responsible contractor. The liability period will remain until the satisfactory commissioning and handing over procedures are completed. As per General Conditions Art.14, 21, 58 and 59. 1 L.S. 1 L.S. Total Carried Forward Page 61 ITEM DESCRIPTION QTY UNIT RATE € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT TOTAL € including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT Total Brought Forward 1.8 1.9 1.10 Provision, maintenance and removal of all necessary temporary services, including fresh water, compressed air, electrical supplies, telephone, etc Allow for the careful disposal of hazardous waste, debris and spent oils, and other harmful materials as to the requirement specified in the conditions Provision of insurance cover in the joint names of the Client and Contractor insure the Works against loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion for the full reinstatement value thereof plus 15% of all the Works executed and all unfixed materials and goods so insured until the completion of the Works. The Contractor shall affect a policy of insurance against third party risks to cover an amount of not less than € 500,000.00 (Five Hundred Thousand Euro) for any one accident. The policy shall be in joint names of the Client and Contractor and shall include cross liability clauses. In respect of liability for the death or injury to any person employed by the Contractor and arising out of and in the course of such person’s employment by the Contractor the amount insured by the Contractor shall be such as to indemnify the Client against all damages as compensation payable. The Contractor shall comply with and be subject to the terms, exclusions, exceptions, conditions and limitations of the insurance policies and shall bear the amount of the retained liabilities stated therein The Contractor shall deposit with the Client copies of the policy or policies and a copy of the receipt in respect of premiums paid before starting the Works 1 L.S. 1 L.S. 1 L.S. TOTAL FOR PRELIMINARIES CARRIED FORWARD TO SUMMARY ON PAGE 66 Page 62 Bill 2 –Lift ITEM DESCRIPTION QTY UNIT No. 1 L.S. L.S. Commissioning and Engineer’s six monthly reports covering three years. Weather proof aluminum grille for shaft ventilation measuring 400mm x 400mm c/w insect screen. Thick, rugged quilted padding as specified L.S. L.S. No. 1 L.S. L.S. Testing, commissioning, handing over and training. Builder’s work for the installation of lifts. This shall include all the necessary coring, penetrations and chasing in walls, installation of fire stop jackets or fire stop barriers, and making good for rain water ingress and plastering around holes. Maintenance of lift in line with EN 13015 (and maintenance manuals provided by lift supplier) for a period of three (3) years from the date commissioning and handing over. Issue of a Soft-copy of Tender Drawings, in ACAD format, for the sole purpose of producing the Workshop Drawings and As Fitted Drawings. Three sets of Construction, Operation and Maintenance Manuals together with three sets of ACAD "As-Fitted" drawings. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. 2.0 Vertical Transportation Systems 2.1 Supply, install, test and commission Machine Room Less (MRL) electrical traction lift as specified in the tender documents. Notified Body reports and certifications 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 RATE € excluding VAT, Eco Contribution (if any) and all other charges as may be applicable TOTAL € excluding VAT, Eco Contribution (if any) and all other charges as may be applicable TOTAL FOR LIFT CARRIED FORWARD TO SUMMARY ON PAGE 66 Page 63 SCHEDULE OF RATES 1. FOR LABOUR EMPLOYED ON DAYWORK The Contractor shall insert below the category of labour together with the appropriate "all inclusive" rates which he considers may be required for use on Daywork and that will apply up the expiration of the Defects Liability period. LABOUR CATEGORY WORKING DAY HOURLY RATE € WORK BEYOND WORKING DAY HOURLY RATE € MASON LABOURER PLUMBER MECHANICAL FITTER ASSISTANT MECHANICAL FITTER ELECTRICAL FITTER ASSISTANT ELECTRICAL FITTER WELDER METAL WORKER PAINTER PLASTERER DRAIN LAYER Page 64 SCHEDULE OF RATES II. FOR PLANT USED ON DAYWORK The Contractor hall insert below in respect of all items of Plant, which he considers, may be required for use on Daywork together with the appropriate "all inclusive" rate per hour that will apply up to the expiration of the Defects Liability period. LABOUR CATEGORY WORKING DAY HOURLY RATE € WORK BEYOND WORKING DAY HOURLY RATE € COMPACTOR DUMPER MECHANICAL SHOVEL CONCRETE MIXER TRUCK (10 TON) COMPRESSOR PIPE BENDING MACHINE PNEUMATIC DRILL/ JACK HAMMER WATER PUMP STEEL CUTTING MACHINE PNEUMATIC DRILLING WELDING EQUIPMENT TRENCHER AND OTHER TOOLS Page 65 TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF A LIFT FOR THE UNIVERSITY OF MALTA Summary Amount (€) including Eco Contribution (if any) and all other charges as may be applicable but Excluding VAT Bill No. 1 Preliminaries Bill No. 2 Lift Grand Total carried forward to Tender Form on page 18 The awarded contact will include a 15% contingency. The successful bidder shall be bound to conform in all respects with VAT legislation and regulations. Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Date: .................................................................... Page 66 VOLUME 5 – DRAWINGS Design Documents, including Drawings (not applicable) Section 5.1 List of drawings attached No Name Drawing No Date No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Page 67 Section 5.2 List of design documents available – Not Applicable No Designer Design No Design name Date 1. 2. 3. 4 Page 68