KENYA RURAL ROADS AUTHORITY STANDARD...

REPUBLIC OF KENYA

KENYA RURAL ROADS AUTHORITY

ROADS 2000 STRATEGY

STANDARD TENDER DOCUMENT FOR PROCUREMENT OF ROAD WORKS

FY 2014/15

IMPROVEMENT OF

JN C81 – SHANTA ABAK – CB WAJIR ROAD U_E5003

GSA/10%/BY MIN/2-16-13/14-050

INSTRUCTION TO TENDERERS

CONDITIONS OF CONTRACT · SHORT FIDIC · SPECIAL CONDITIONS · STANDARD FORMS

July 2015

TABLE OF CONTENTS

SECTION I: INSTRUCTIONS TO BIDDERS .................................................................................................. 2

SECTION II: FORM OF BID ....................................................................................................................... 18

SECTION III: APPENDIX TO FORM OF BID ............................................................................................ 21

SECTION IV: FORM OF BID SECURITY .................................................................................................. 23

SECTION V:QUALIFICATION AND TECHNICAL EVALUATION ............................................................ 26

CRITERIA .................................................................................................................................................. 26

SECTION V-(A):QUALIFICATION CRITERIA ........................................................................................... 27

SECTION V-(B): TECHNICAL EVALUATION CRITERIA ......................................................................... 35

SECTION VI: CONDITIONS OF CONTRACT ........................................................................................... 38

SECTION VI-(B): ............... CONDITIONS OF CONTRACT PART II: (CONDITIONS OF PARTICULAR APPLICATION) .......................................................................................................................................... 40

SECTION VII: SCHEDULES OF SUPPLEMENTARY INFORMATION .................................................... 63

SECTION VIII: FORM OF AGREEMENT .................................................................................................. 78

SECTION IX: PERFORMANCE SECURITY (UNCONDITIONAL BANK GUARANTEE) ......................... 81

SECTION X: STANDARD SPECIFICATIONS ........................................................................................... 83

SECTION XI: SPECIAL SPECIFICATIONS .............................................................................................. 85

SECTION XII: DRAWINGS ...................................................................................................................... 104

SECTION 13: BILLS OF QUANTITIES ...................................................................................................... 122

1.1.1 KENYA RURAL ROADS AUTHORITY

Kenya Rural Roads Authority on behalf of Ministry of Transport and Infrastructure in association with the County Government of Garissa hereby invites bids from eligible companies registered with the National Construction Authority and prequalified in Garissa in category’ NCA 7’and above for spot improvement as indicated below:

County/Region Road Name Scope Budget Provision/ Employers Estimate

Garissa Jn c81 – Shanta Abak –CB Wajir Gravelling 40,000,000

Mandatory pre-tender site visit will be held on ............................. beginning 9.00 am starting from Regional manager’s office.

Mandatory Requirements

a) Registration with the National Construction Authority in Category ‘NCA7’ and above b) Prequalified to tender in Garissa County for spot improvement or bridgeworks c) Thresholds specified in the Bid documents covering the following:

i) Similar previous experience ii) Equipment holding iii) Professional and Technical Personnel iv) Turnover and liquid assets supported by audited accounts for the previous year v) Current workload vi) Litigation history

d) VAT registration e) PIN registration f) Valid Tax Compliance certificate g) Proof of Bank Account in the Tenderer’s name

A complete set of tender documents may be obtained by the interested eligible bidders from ....................... upon payment of a non-refundable fee of Kshs 5,000.00 in Banker’s Cheque payable to Kenya Rural Roads Authority. This payment shall be done at Garissa Region from which further information may also be obtained.

Prices quoted should be inclusive of all taxes and must be expressed in Kenya Shillings and shall remain valid for period of 120 days from the closing date of the tender

Complete documents are to be enclosed in plain sealed envelopes, clearly marked with the road name and deposited in the tender box located at Garissa Regional Office or to be sent by post and addressed to the Regional Manager, Kenya Rural Roads Authority, P. O. Box 1391-70100 Garissa so as to be received on or before................... at 11.00 am

Contact Person for the project is the Regional Manager, Garissa

Opening of the Bids will take place at 11.15 am on the same day at Regional Manager’s boardroom in the presence of Bidders/Representatives who wish to attend

Eng. F D Karanja DIRECTOR GENERAL

SECTION I: INSTRUCTIONS TO BIDDERS

INSTRUCTION TO TENDERERS

Note: The tenderer must comply with the following conditions and instructions and failure to do so is liable to result in rejection of the tender.

A GENERAL

1. Definitions

(a) “Tenderer or Bidder” means any persons, partnership firm or company submitting a sum or sums in the Bills of Quantities in accordance with the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications, Drawings and Bills of Quantities for the work contemplated, acting directly or through a legally appointed representative.

(b) “Approved tenderer or bidder” means the tenderer who is approved by the

Employer

(c) Any noun or adjective derived from the word “tender or bid” shall be read and construed to mean the corresponding form of the noun or adjective “bid”. Any conjugation of the verb “tender” shall be read and construed to mean the corresponding form of the verb “bid.”

(d) The “Employer”, as defined in the Conditions of Contract Part II, hereinafter is the

Director Kenya Rural Roads Authority

(e) Throughout these bidding documents, the terms bid and BID and their derivatives (bidder/Bidder, bid/Bided, bidding/Bidding etc.) are synonymous, and day means calendar day. Singular also means plural.

2 Scope of Bid 2.1 The Employer, as defined in the Conditions of Contract Part II hereinafter “the Employer”

wishes to receive bids for the construction of works as described in Section XI, clause 101 and 102 of the Special Specifications –“Location and extent of the Works”

2.2 The successful bidder will be expected to complete the Works within the period stated in the Appendix to Bid from the date of commencement of the Works.

3 Corrupt Practices

3.1 The Government requires that the Tenderers, suppliers, sub-contractors and supervisors observe the highest standard of ethics during the procurement and execution of such contracts. in this pursuit of this policy, the government;

(a) Defines for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of

value to influence the action of a public official in the procurement process or in the execution, and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practices among bidders ( prior to or after bid

submission) designed to

establish bid prices at artificial, non-competitive levels and to deprive the Employer of the benefits of free and open competition

(b) Will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the Contract, and

(c) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a government contract if it at any times determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a Government financed contract.

4 Eligibility of Tenderer 4.1 This invitation to bid is open to all Bidders who are legally registered or incorporated in the

Republic of Kenya as of the time of tender submission. Registration with National Construction Authority as a C i v i l E n g i n e e r i n g Contractor is mandatory.

4.2 Bidders shall not have a conflict of interest. Bidders shall be considered to have conflict of interest, if they participated as a consultant in the preparation of the design, documentation or technical specifications of the works that are the subject of this bidding other than as far as required by the Employer.

4.3 A firm that is under a declaration of ineligibility by the Employer in accordance with clause 4, at the date of submission of the bid or thereafter, shall be disqualified.

4.4 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.

5 Qualification of the Tenderer

5.1 To be qualified for award of Contract, the tenderer shall provide evidence satisfactory

to the Employer of their eligibility under Sub clause 4.1. above and of their capability and adequacy of resources to effectively carry out the subject Contract.

(a) Details of experience and past performance of the tenderer on the works of a

similar nature and details of current work on hand and other contractual commitments.

(b) The qualifications and experience of key personnel proposed for administration and

execution of the contract, both on and off site.

(c) Major items of construction plant and equipment proposed for use in carrying out the Contract. Only reliable plant in good working order and suitable for the work required of it shall be shown on this schedule. The tenderer will also indicate on this schedule when each item will be available on the Works. Included also should be a schedule of plant, equipment and material to be imported for the purpose of the Contract, giving details of make, type, origin and CIF value as appropriate.

(d) Details of financial capability i.e certified audited accounts for the last 2 years,

certified copies of the last Six (6) Month bank statements, demonstration of current financial soundness and bidder’s long-term profitability and positive working capital, Access to or availability of financial resources such as liquid assets, and letter of line of credit. The Line of Credit if provided must be current to the last One (1) month.

(e) A detailed Work execution Program, as per schedule 10 in Section VII of the tender document, which shall form part of the Contract if the tender is accepted. Any change in the Program or Schedule shall be subjected to the approval of the Engineer.

(f) Details of litigation or arbitration proceedings in which the tenderer has been

involved as one of the parties within the last Three(3) years prior to the deadline of the tender submission based on all information on fully settled dispute or litigation. A sworn affidavit must be provided by the bidder.

(g) The mandatory minimum requirements required by the employer in order for a

contractor to be considered for award are as detailed in section 5A: Qualification Criteria

5.2 Joint Ventures

(a) Joint ventures for the purpose of bidding will not be allowed

6 Cost of Tendering

6.1 The Tenderer shall bear all costs associated with the preparation and submission of his tender

and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

6.2 The price to be charged for the tender document shall be Kshs.1,000/=

6.3 The procuring entity shall allow the tenderer to view the tender document free of charge before purchase.

7 Pre-tender Meeting

7.1 The tenderer is advised to visit and examine the Site and its surroundings and obtain

for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract. The costs of visiting the Site shall be the tenderer’s own responsibility

7.2 The tenderer and any of his personnel or agents will be granted permission by the

Employer to enter upon premises and lands for the purpose of such inspection, but only upon the express condition that the tenderer, his personnel or agents, will release and indemnify the Employer from and against all liability in respect of, and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission, would not have arisen.

7.3 The Employer shall organize a pre- tender site visit at a date indicated in the

advertisement (………………, 2015). A representative of the Employer will be available to meet the intending tenderers at the Site. Tenderers must provide their own transport. The representative will not be available at any other time for site inspection visits.

7.4 Non- attendance of the employer arranged pre-tender site visit will lead t o

a u t o m a t i c disqualification of a bidder.

B TENDER DOCUMENTS

8 Contents of Tender Documents 8.1 The Tender documents comprise the documents listed here below and should be read together

with any Addenda issued in accordance with Clause 10 of these instructions to tenderers. a. Form of Invitation for Tenders b. Instructions to Tenderers c. Form of Tender d. Appendix to Form of Tender e. Form of Tender Surety f. Statement of Foreign Currency Requirements g. Tender and Confidential Business Questionnaires h. Details of Sub contractors i. Schedules of Supplementary Information j. General Conditions of Contract – Part I k. Conditions of Particular Application – Part II l. Specifications m. Bills of Quantities n. Drawings p. Declaration Form

8.2 The tenderer is expected to examine carefully all instructions, conditions, forms, terms, specifications and drawings in the tender documents. Failure to comply with the requirements for tender submission will be at the tenderer’s own risk. Pursuant to clause 26 of Instructions to Tenderers, tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

8.3 All recipients of the documents for the proposed Contract for the purpose of submitting a tender (whether they submit a tender or not) shall treat the details of the documents as “private and confidential”.

9 Inquiries by tenderers 9.1 A tenderer making an inquiry relating to the tender document may notify the Employer in writing

or by telex, cable or facsimile at the Employer’s mailing address indicated in the Invitation to Tender. The Employer will respond in writing to any request for clarification which he receives earlier than 7 days prior to the deadline for the submission of tenders. Written copies of the Employer’s response (including the query but without identifying the source of the inquiry) will be sent to all prospective tenderers who have purchased the tender documents.

9.2 The procuring entity shall reply to any clarifications sought by the tenderer within 7 days of receiving the request to enable the tenderer to make timely submission of its tender.

10 Amendment of Tender Documents 10.1 At any time prior to the deadline for submission of tenders the Employer may, for any reason,

whether at his own initiative or in response to a clarification requested by a prospective tenderer, modify the tender documents by issuing Addenda.

10.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all prospective tenderers who have purchased the tender documents and will be binding upon them.

10.3 In order to allow prospective tenderers reasonable time in which to take the Addendum into account in preparing their tenders, the Employer may, at his discretion,

extend the deadline for the submission of tenders.

C PREPARATION OF TENDERS

11 Language of Tender

11.1 The tender and all correspondence and documents relating to the tender exchanged between the tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the tenderer with the tender may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the tender, the English language shall prevail.

12 Documents Comprising the Tender

12.1 The tender to be prepared by the tenderer shall comprise: i) the Form of Tender and Appendix thereto,

ii) a Tender Security iii) the Priced Bills of Quantities and Schedules iv) the information on eligibility and qualification v) any other materials required to be completed and submitted in accordance with the

Instructions to Tenderers.

12.2 The Forms, Bills of Quantities and Schedules provided in the tender documents shall be used without exception

13 Tender Prices

13.1 All the insertions made by the tenderer shall be made in INK and the tenderer shall clearly form the figures. The relevant space in the Form of Tender and Bills of Quantities shall be completed accordingly without interlineations or erasures except those necessary to correct errors made by the tenderer in which case the erasures and interlineations shall be initialled by the person or persons signing the tender.

13.2 A price or rate shall be inserted by the tenderer for every item in the Bills of Quantities

whether the quantities are stated or not. Items against which no rate or price is entered by the tenderer will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bills of Quantities.

The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of the Work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the tender is based. All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause prior to the deadline for submission of tenders, shall be included in the rates and prices and the total Tender Price submitted by the tenderer.

Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for completing the activity or activities described under that particular item and the tenderer is advised against inserting a price or rate against any item contrary to this instruction.

Every rate entered in the Bills of Quantities, whether or not such rate be associated with a quantity, shall form part of the Contract. The Employer shall have the right to call for any item of work contained in the Bills of Quantities, and such items of work to be paid

for at the rate entered by the tenderer and it is the intention of the Employer to take full advantage of unbalanced low rates.

.

13.3 The tenderer shall furnish with his tender written confirmation from his suppliers or manufacturers of basic unit rates for the supply of items listed in the Conditions of Contract clause 70 where appropriate. The Employer may require the tenderer to justify such rates so obtained from the suppliers or manufacturers.

13.4 The rates and prices quoted by the tenderer shall not be subject to adjustment during the

performance of the contract.

13.5 Where quantity contract variation is allowed, the variation shall not exceed 15% of the original contract quantity.

13.6 Price variation requests shall be processed by the procuring entity within 30 days of

receiving the request.

14 Currencies of Tender and Payment

14.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be in Kenya Shillings.

15 Tender Validity

15.1 The tender shall remain valid and open for acceptance for a period of a Hundred and Twenty (120) days from the specified date of tender opening or from the extended date of tender opening (in accordance with clause 10.3 here above) whichever is the later.

15.2 In exceptional circumstances prior to expiry of the original tender validity period, the

Employer may request the tenderer for a specified extension of the period of validity. The request and the responses thereto shall be made in writing or by cable, telex or facsimile. A tenderer may refuse the request without forfeiting his Tender Surety. A tenderer agreeing to the request will not be required nor permitted to modify his tender, but will be required to extend the validity of his Tender Surety correspondingly.

16 Tender Security

16.1 The tenderer shall furnish as part of his tender, a Tender Security in the form of a

bankers cheque, bank guarantee or insurance bond from an approved company

16.2 The tender security shall be Kshs 500,000.00

16.3 The Tender Security shall be valid at least thirty (30) days beyond the tender validity period.

16.4 Any tender not accompanied by an acceptable Tender Surety will be rejected by the Employer as non-responsive.

16.5 The Tender Sureties of unsuccessful tenderers will be returned as promptly as possible,

but not later than twenty eight (28) days after expiration of the tender validity period. The Tender Surety of the successful tenderer will be returned upon the tenderer executing the Contract and furnishing the required Performance Security.

16.6 The Tender Surety may be forfeited:

a) if a tenderer withdraws his tender during the period of tender validity: or b) in the case of a successful tenderer, if he fails, within the specified time limit

i. to sign the Agreement, or ii. to furnish the necessary Performance Security

c) if a tenderer does not accept the correction of his tender price pursuant to clause 27.

17 No Alternative Offers

17.1 The tenderer shall submit an offer which complies fully with the requirements of the tender documents unless otherwise provided for in the appendix.

Only one tender may be submitted by each tenderer. A tenderer who submits or participates in more than one tender will be disqualified.

17.2 The tenderer shall not attach any conditions of his own to his tender. The tender price must

be based on the tender documents. The tenderer is not required to present alternative construction options and he shall use without exception, the Bills of Quantities as provided, with the amendments as notified in tender notices, if any, for the calculation of his tender price. Any tenderer who fails to comply with this clause will be disqualified.

18 Format and Signing of Tenders

18.1 The tenderer shall prepare his tender as outlined in clauses 8 and 12 above and mark appropriately one set “ORIGINAL” and the other “COPY”.

18.2 The copy of the tender and Bills of Quantities shall be typed or written in indelible ink and

shall be signed by a person or persons duly authorized to sign on behalf of the tenderer. All pages of the tender where amendments have been made shall be initialled by the person or persons signing the tender.

18.3 The complete tender shall be without alterations, interlineations or erasures, except as

necessary to correct errors made by the tenderer, in which case such corrections shall be initialled by the person of persons signing the tender.

D SUBMISSION OF TENDERS

19 Sealing and Marking of Tenders

19.1 The tenderer shall seal the original and copy of the tender in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer separate envelope.

19.2 The inner and outer envelopes shall be addressed to the Employer at the address

stated in the Appendix to Instructions to Tenderers and bear the name and identification of the Contract stated in the said Appendix with a warning not to open before the date and time for opening of tenders stated in the said Appendix.

19.3 The inner envelopes shall each indicate the name and address of the tenderer to enable

the tender to be returned unopened in case it is declared “late”, while the outer envelope shall bear no mark indicating the identity of the tenderer.

19.4 If the outer envelope is not sealed and marked as instructed above, the Employer will

assume no responsibility for the misplacement or premature opening of the tender. A tender opened prematurely for this cause will be rejected by the Employer and returned to the tenderer.

20 Deadline for Submission of Tenders

20.1 Tenders must be received by the Employer at the address specified in clause 20.2 and on

the date and time specified in the Letter of Invitation, subject to the provisions of clause 21.2 and 21.3.Tenders delivered by hand must be placed in the “tender box” provided in the office of the Employer. Proof of posting will not be accepted as proof of delivery and any tender delivered after the above stipulated time, from whatever cause arising will not be considered.

20.2 The Employer may, at his discretion, extend the deadline for the submission of tenders

through the issue of an Addendum in accordance with clause 7, in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

20.3 Any tender received by the Employer after the prescribed deadline for submission of

tender will be returned unopened to the tenderer.

21 Modification and Withdrawal of Tenders

21.1 The tenderer may modify or withdraw his tender after tender submission, provided that written notice of the modification or withdrawal is received by the Employer prior to prescribed deadline for submission of tenders.

21.2 The tenderer’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions for the submission of tenders, with the inner and outer envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.

21.3 No tender may be modified subsequent to the deadline for submission of tenders.

21.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the period of tender validity specified on the tender form. Withdrawal of a tender during this interval will result in the forfeiture of the Tender Surety.

21.5 Subsequent to the expiration of the period of tender validity prescribed by the Employer,

and the tenderer having not been notified by the Employer of the award of the Contract or the tenderer does not intend to conform with the request of the Employer to extend the period of tender validity, the tenderer may withdraw his tender without risk of forfeiture of the Tender Surety.

E TENDER OPENING AND EVALUATION

22 Tender Opening

22.1 The Employer will open the tenders in the presence of the tenderers’ representatives who

choose to attend at the time and location indicated in the Letter of Invitation to Tender. The tenderers’ representatives who are present shall sign a register evidencing their attendance.

22.2 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to

clause 22, will not be opened. The Employer will examine the tenders to determine whether they are complete, whether the requisite Tender Sureties have been furnished, whether the documents have been properly signed and whether the tenders are generally in order.

22.3 At the tender opening, the Employer will announce the tenderer’s names, total tender

price, tender price modifications and tender withdrawals, if any, the presence of the requisite Tender Surety and such other details as the Employer, at his discretion, may consider appropriate. No tender shall be rejected at the tender opening except for late tenders.

22.4 The Employer shall prepare minutes of the tender opening including the information

disclosed to those present.

22.5 Tenders not opened and read out at the tender opening shall not be considered further for evaluation, irrespective of the circumstances.

23 Process to be Confidential

23.1 After the public opening of tenders, information relating to the examination, clarification,

evaluation and comparisons of tenders and recommendations concerning the award of Contract shall not be disclosed to tenderers or other persons not officially concerned with such process until the award of Contract is announced.

23.2 Any effort by a tenderer to influence the Employer in the process of examination,

evaluation and comparison of tenders and decisions concerning award of Contract may result in the rejection of the tenderer’s tender.

24 Clarification of Tenders

24.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask

tenderers individually for clarification of their tenders, including breakdown of unit prices. The request for clarification and the response shall be in writing or by cable, facsimile or telex, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm

the correction of arithmetical errors discovered by the employer during the evaluation of the tenders in accordance with clause 27.

24.2 No tenderer shall contact the Employer on any matter relating to his tender from the

time of the tender opening to the time the Contract is awarded. If the tenderer wishes to bring additional information to the notice of the Employer, he shall do so in writing.

25 Determination of Responsiveness

25.1 Prior to the detailed evaluation of tenders, the Employer will determine whether each

tender is substantially responsive to the requirements of the tender documents.

25.2 For the purpose of this clause, a substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tender documents without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, completion timing or administration of the Works to be undertaken by the tenderer under the Contract, or which limits in any substantial way, inconsistent with the tender documents, the Employer’s rights or the tenderers obligations under the Contract and the rectification of which would affect unfairly the competitive position of other tenderers who have presented substantially responsive tenders.

25.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate of

the cost of completing the works described under the particular item including allowance for overheads, profits and the like. Should a tender be seriously unbalanced in relation to the Employer’s estimate of the works to be performed under any item or groups of items, the tender shall be deemed not responsive. A tender fifteen percent below or fifteen percent above the employer’s estimate shall also be deemed as non responsive.

25.4 A tender determined to be not substantially responsive will be rejected by the Employer and

may not subsequently be made responsive by the tenderer by correction of the non-conforming deviation or reservation.

26 Correction of Errors

Tenders determined to be substantially responsive shall be checked by the Employer for any arithmetic errors in the computations and summations. Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the amount in figures and the amount in

words, the amount in words will govern.

(b) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employer, there is an obvious typographical error, in which case adjustment will be made to the entry containing that error.

(c) In the event of a discrepancy between the tender amount as stated in the Form of

Tender and the corrected tender figure in the main summary of the Bills of Quantities, the amount as stated in the Form of Tender shall prevail.

(d) The Error Correction Factor shall be computed by expressing the difference between the tender amount and the corrected tender sum as a percentage of the corrected builder’s work (i.e. corrected tender sum less Prime Cost and Provisional Sums.

(e) The Error Correction Factor shall be applied to all builder’s work (as a rebate or

addition as the case may be) for the purposes of valuations for Interim Certificates and valuations of variations.

(f) The amount stated in the tender will be adjusted in accordance with the above

procedure for the correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 16.

27 Conversion to Single Currency

27.1 For compensation of tenders, the tender price shall first be broken down into the

respective amounts payable in various currencies by using the selling rate or rates of the Central Bank of Kenya ruling on the date twenty one (21) days before the final date for the submission of tenders.

27.2 The Employer will convert the amounts in various currencies in which the tender is

payable (excluding provisional sums but including Dayworks where priced competitively) to Kenya Shillings at the selling rates stated in clause 28.1.

28 Evaluation and Comparison of Tenders

28.1 The Employer will evaluate only tenders determined to be subs tant ia l l y

respons ive t o the requirements of the tender documents in accordance with clause 26.

28.2 In evaluating tenders, the Employer will determine for each tender the evaluated tender price by adjusting the tender price as follows:

(a) Making any correction for errors pursuant to clause 27.

(b) Excluding Provisional Sums and provision, if any, for Contingencies in the Bills of

Quantities, but including Day works where priced competitively.

28.3 The Employer reserves the right to accept any variation, deviation or alternative offer. Variations, deviations, alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in the accrual of unsolicited benefits to the Employer, shall not be taken into account in tender evaluation.

28.4 Price adjustment provisions in the Conditions of Contract applied over the period of

execution of the Contract shall not be taken into account in tender evaluation.

28.5 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to the Employer’s estimate of the items of work to be performed under the Contract, the Employer may require the tenderer to produce detailed price analyses for any or all items of the Bills of Quantities, to demonstrate the relationship between those prices,

proposed construction methods and schedules. After evaluation of the price analyses, the Employer may require that the amount of the Performance Security set forth in clause 29 be increased at the expense of the successful tenderer to a level

sufficient to protect the Employer against financial loss in the event of subsequent default of the successful tenderer under the Contract.

28.6 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share

capital shall be allowed a 10% preferential bias provided that they do not sub-contract work valued at more than 50% of the Contract Price excluding provisional sums to a non-indigenous sub-contractor.

28.7 Preference where allowed in the evaluation of tenders shall not exceed 15%

28.8 The procuring entity may at any time terminate procurement proceedings before contract

award and shall not be liable to any person for the termination.

28.9 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.

28.10 A tenderer who gives false information in the tender document about its qualification or

who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

F AWARD OF CONTRACT

29 Award Criteria

29.1 Subject to Sub-clause 30.2, the Employer will award the Contract to the tenderer whose tender is determined to be substantially responsive to the tender documents and who has offered the lowest evaluated tender price subject to possessing the capability and resources to effectively carry out the Contract Works as required in Sub-clause 2.1 and 2.2 hereabove.

29.2 The Employer reserves the right to accept or reject any tender, and to annual the

tendering process and reject all tenders, at any time prior to award of Contract, without thereby incurring any liability to the affected tenderers or any obligation to inform the affected tenderers of the grounds for the Employer’s action.

30 Notification of Award

30.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the

Employer will notify the successful tenderer by cable, telefax or telex and confirmed in writing by registered letter that his tender has been accepted. This letter (hereinafter and in all Contract documents called “Letter of Acceptance”) shall name the sum (hereinafter and in all Contract documents called “the Contract Price”) which the Employer will pay to the Contractor in consideration of the execution and completion of the Works as prescribed by the Contract.

31.2 At the same time that the Employer notifies the successful tenderer that his tender has been

accepted, the Employer shall notify the other tenderers that the tenders have been unsuccessful.

31.3 Within twenty one[21] days of receipt of the Form of Contract Agreement from the

Employer, the successful tenderer shall sign the form and return it to the Employer together with the required Performance Security.

31.4 The parties to the contract shall have it signed within 30 days from the date of notification of

contract award unless there is an administrative review request.

32 Performance Guarantee

32.1 Within twenty one [21] days of receipt of the notification of award from the Employer, the successful tenderer shall furnish the Employer with a Performance Security in the amount stated in the Appendix to Instructions to Tenderers and in the format stipulated in the Conditions of Contract.

The Performance Security to be provided by the successful tenderer shall be an unconditional Bank Guarantee issued at the tenderer’s option by a reputable Bank approved by the Employer and located in the Republic of Kenya

32.2 Failure of the successful tenderer to lodge the required Performance Security shall

constitute a breach of Contract and sufficient grounds for the annulment of the award and forfeiture of the Tender Security and any other remedy under the Contract. The Employer may award the Contract to the next ranked tenderer.

1

33 Advance Payment

No advance payment, shall be made under the Contract

34 Corrupt or fraudulent practices

34.1 The procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices.

1

FORM OF AGREEMENT This AGREEMENT is made on the -------------------------- day of ---------------------

between………………………………………………………………………………….., represented by

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

....... of P.O. Box ............................, ..........................or his representative on one part and ---------

------------------------------------------------------(Hereinafter called the Contractor) of P.O. Box

……………………… of the other part.

WHEREAS the Employer is desirous of Rehabilitating and Improving the section of the Road(s)

..................to .............. and has accepted a Tender by the Contractor to execute the

Improvement/Rehabilitation Works on the road sections as defined,

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract.

The following documents form part of this Agreement, viz:

(a) Letter of Acceptance;

(b) Form of Tender

(c) Appendix to the Form of Agreement

(d) Conditions of Contract; Parts I and II

(e) Specifications;

(f) Drawings;

(g) Priced Bill of Quantities;

(h) Other Documents/Materials/Conditions agreed and documented.

In consideration of the payment to be made by the Employer to the Contractor, the Contractor

covenants with the Employer to execute and complete the Works in conformity with the provisions

of the Contract.

The Employer covenants to pay the Contractor in consideration of the execution and completion

of the Works, the Contract Price or such other sum as may become payable under the Contract

at the times and in the manner prescribed by the Contract.

2

IN WITNESS WHEREOF the parties have caused this Agreement to be executed the day and

year first before written at GARISSA Kenya

Signed and dated for and on behalf of the Employer

……………………… ……………………………..

Designation ……………………… Date

……………………………………………………………….

(Name of the Representative)

In the Presence of ……………………………….. ………………………………

Designation……………………... Date

………………………………………… ……………………………………..

(Name of witness) (Address of Witness)

Signed for and on behalf of the Contractor …………………………………………………….

………………………………………………

(Name of the Representative)

In the Presence of …………………………….. ……………………………

(Signature of witness) (Date)

……………………………….. ……………………………………


Countersigned:- (if required)

…………………………………….. ……………………………………...

Designation………………………. (Date)

…………………………………………………

(Name of the Counter signatory)

Labour Based Rehabilitation and Spot Improvement Works – Level 2 Conditions of Contract

CONTENTS PART I: GENERAL CONDITIONS OF CONTRACT ........................................................................... 3 PART II: CONDITIONS OF PARTICULAR APPLICATION ........................................................ 4 1 GENERAL PROVISIONS................................................................................................................... 4

1.1 DEFINITIONS ..................................................................................................................................... 4 1.2 INTERPRETATION .............................................................................................................................. 4

2 ...................................................................................................................................................................... 4 4 THE CONTRACTOR .......................................................................................................................... 4

4.1. GENERAL OBLIGATIONS ............................................................................................................... 4 4.1.1. R2000 Strategy ....................................................................................................................... 5 4.1.2 Approval of Equipment .......................................................................................................... 5 4.1.3 Recruitment of Labour .......................................................................................................... 5 4.1.4. Employment of Young Persons and Children ...................................................................... 5 4.1.5. Conditions of Employment of Labour ................................................................................... 5 4.1.6. Reporting Requirements ........................................................................................................ 6 4.1.7. Non-payment of Wages by Contractor .................................................................................. 6 4.1.8. Contract with Employees ....................................................................................................... 6 4.1.9. Water for the Works ............................................................................................................... 6 4.1.10. Environment .......................................................................................................................... 7

4.2. PERFORMANCE SECURITY ............................................................................................................ 7 7. TIME FOR COMPLETION ............................................................................................................... 7

7.1 EXECUTION OF THE WORKS .............................................................................................................. 7 Progress Review Meetings...................................................................................................................... 7

7.2 PROGRAMME ..................................................................................................................................... 7 Intended Construction Procedures, Order and Methods ........................................................................ 7 Programme Updating ............................................................................................................................. 8

10. VARIATIONS AND CLAIMS ...................................................................................................... 8 10.2 PERMITTED VARIATIONS .............................................................................................................. 8

11. CONTRACT PRICE AND PAYMENT ....................................................................................... 8 11.1. VALUATION OF THE WORKS ......................................................................................................... 8

11.1.1. Price Adjustment ..................................................................................................................... 8 11.1.2. Exclusion of Price Adjustment for Late Completion of Works ............................................... 9 11.1.3. Dayworks ................................................................................................................................ 9

11.2. ............................................................................................................................................................ 9 11.3. INTERIM PAYMENTS ..................................................................................................................... 9

11.3.1. Advance Payment ................................................................................................................... 9 11.3.2. Deductions for Re-payment of Advance Payment ................................................................... 9 11.3.3. The Minimum Amount of Interim Payment. ...........................................................................10

FORM OF AGREEMENT ........................................................................................................................11


PART I: GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract are the FIDIC Short Form of Contract, First Edition, 1999, published by the International Federation of Consulting Engineers (FIDIC). The General Conditions of Contract are linked with the Conditions of Particular Application, referred to as Part II, by the consecutive numbering of the Clauses, so that Part I and II together comprise the Conditions governing the rights and obligations of the Parties. In case of any inconsistency between the Conditions contained in Part I and those in Part II, the Conditions contained in Part II shall prevail. The Tenderer is deemed to have read and fully complied with the General Conditions of Contract.


PART II: CONDITIONS OF PARTICULAR APPLICATION The Conditions of Particular Application amplify the FIDIC Short Form of Contract so as to be, together, applicable to the Contract. 1 GENERAL PROVISIONS 1.1 Definitions

Add new Paragraph to sub-clause 1.1.8 1.1.8 (a) “Week” means a period of seven (7) consecutive days 1.1.8 (b) “Month” means calendar month Add new paragraph to sub-clause 1.1.20 to 1.1.25 1.1.20 “Appendix” as referred to in the Conditions of Contract means Appendix to Form of

Agreement. 1.1.21 “Labour-Based Methods” means work methods whereby activities are carried out using

labour where technically and economically viable and appropriate equipment is only used when labour alone will not achieve the required standards.

1.1.22 “Task ” means the amount of work to be done by one individual worker or a gang in

order to earn one day’s wage.

1.1.23 “Young Person” means an individual male or female, who has attained the age of 16 years but has not attained the age of 18 years.

1.1.24 “R2000 Strategy” means an initiative by the Government of Kenya to improve the

maintenance of the country’s Road Network by giving priority to maintenance through network approach, using appropriate technology, labour-based methods, local resources and increased usage of small-scale entrepreneurs.

1.2 Interpretation

Add sub-clause 1.2.1 as follows

1.2.1 Words having the same meaning

In the Contract Documents the Employer’s Representative is generally designated as the Engineer.

2 4 THE CONTRACTOR 4.1. General Obligations

Add. In particular the following obligations shall apply


Add the following new sub-Clauses:

4.1.1. R2000 Strategy The Works shall generally be carried out using the R2000 Strategy and work approach, with its predominant emphasis on the use of labour-based construction methods where they are technically and economically viable. Intermediate equipment, as agreed by the Engineer may be used in other appropriate circumstances.

4.1.2 Approval of Equipment

The Contractor shall submit for the Engineer’s approval within seven days prior to the commencement date a list of equipment, which is intended for use on site. He shall notify the Engineer prior to bringing in equipment and shall further obtain the Engineer’s approval prior to removing any equipment from site.

4.1.3 Recruitment of Labour 4.1.3.1 The Contractor shall ensure that there is a sufficient and suitable deployment of labour at all times

throughout the Contract. 4.1.3.2 All general workers employed by the Contractor shall, to the extent possible, be recruited from the

surrounding population. Exceptions may be made if sufficient local labour cannot be recruited and only with the approval of the Engineer. There shall be no discrimination in recruitment based on tribe, religion, political affiliation, age, disability or gender, and the recruitment system shall be fair and transparent.

4.1.3.3 The Contractor shall take particular note of the Government policy regarding the employment of

women and youth in the recruitment process and shall take all possible steps to attain the targets of 30% of the labour force for each group.

4.1.4. Employment of Young Persons and Children

The Contractor shall comply with the Employment Act Chapter CAP 226 concerning the Employment of Young Persons and Children.

4.1.5. Conditions of Employment of Labour

The Contractor shall observe and fulfil the following conditions in respect of all persons employed by him in the execution of the Contract: - a) Where possible, labour shall be employed on a daily task basis. The size of the daily task shall be

that which can reasonably be expected of a worker during a normal working day (8 hours), and all task rates shall be approved by the Engineer.

b) The Contractor shall pay wage rates and observe hours and conditions of employment of labour as established by Kenyan Labour Laws and by agreement between Employers or other recognized authorities and trades unions for similar trades or industries in the District where the Contract Works are to be carried out.

c) The Contractor shall recognize the freedom of employees to be members of trades unions. The

Contractor’s attention is drawn to the requirements of the Trade Unions Act (CAP 233), which states that if at least 25% of the employees are members of a particular Trade Union Organisation, then the Contractor is legally bound to recognise and negotiate with the Organisation.


4.1.6. Reporting Requirements The Contractor shall, when required by the Engineer, submit labour returns in such form and detail and at prescribed intervals showing the staff and the number of the several classes of labour employed by the Contractor.

4.1.7. Non-payment of Wages by Contractor

(a) The Employer may demand from the Contractor reasonable proof of payment of wages to the employees.

(b) The Employer may, upon the Contractor defaulting in payment, pay the money due, out of

any funds due or which may become due to the Contractor under the Contract.

(c) In such an event, the Contractor shall co-operate with the Employer in processing the payment of the correct amounts of money due to the labour force by submitting the relevant muster rolls, workday reports and pay-sheets, and the Contractor shall be represented at the time payments are made.

(d) Direct payment to workers by the Employer shall attract a penalty as stated in the Appendix

to cover expenses incurred in the administration of such labour payments. 4.1.8. Contract with Employees

(i) Working days The Contractor shall recognize gazetted non-working days and allow in the Works Programme for those days on which labour is not expected to work. (ii) Provision of Hand Tools The Contractor shall provide his labour force with a sufficient number of hand tools of good quality and shall make the necessary provisions to maintain the tools in a good and safe working condition. The Engineer may instruct the Contractor to replace worn out, faulty or unsafe hand tools. (iii) Safety and Health

(a) The Contractor shall be responsible for the safety of all workers. In collaboration with, and to

the requirements of the local health authorities, the Contractor shall ensure that first aid equipment and medical stores are available on the Site at all times throughout the period of the Contract, and shall also designate a Health and Safety Officer from amongst the staff.

(b) The Contractor shall be responsible for the provision of potable water for the workers at

appropriate locations on the Site. (c) In the event of any outbreak of illness of an epidemic nature the Contractor shall comply with

and carry out such regulations, orders and requirements as may be made by the Government or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same.

(iv) Contractor to Preserve Peace

The Contractor shall take all reasonable measures to ensure that all personnel on site comply with the Statutes, Ordinances, Laws, Regulations and By-Laws in force in Kenya, and to prevent accidents or any riotous or unlawful behaviour by or amongst the employees on or in connection with the Works, and for the preservation of the peace.

4.1.9. Water for the Works


The Contractor shall supply all water for the Works.

4.1.10. Environment The Contractor shall take all reasonable measures to protect the environment on the Site and to avoid damage or nuisance to persons and property. In particular, the Contractor shall carry out all activities in a manner that ensures:-

a) Minimum soil erosion on slopes and sedimentation deposition in the drainage works;

b) Maximum preservation of trees and shrubbery;

c) No entrance or accidental spillage of solid matters, debris and other pollutants and waste into

water courses

d) The safe disposal of rubbish and waste.

4.1.11. HIV/AIDS

The Contractor shall institute on-site HIV/AIDS awareness and prevention campaigns for the duration of the Contract. This shall include the siting of information posters, the issue of condoms and also informatory meetings on site for the employees. The meetings shall be arranged with the assistance of the local health authorities and AIDS Campaign personnel, and shall be during working hours without loss of pay.

4.2. Performance Security

Add the following at the end of this clause. The Performance Security shall be valid until the date of issue of the Employer’s notice under sub-Clause 8.2 (Taking Over Notice). The Employer shall return the Security to the Contractor within 14 days thereafter. A Performance Security in the form an Insurance Bond shall only be allowed from an Insurance Company approved by the Public Procurement Oversight Authority (PPOA) and in a Form also approved by the PPOA.

7. TIME FOR COMPLETION

7.1 Execution of the Works

Add new sub-clause to 7.1.1:

Progress Review Meetings

Regular progress review meetings between the Employer and the Contractor shall be held at times decided by the Engineer.

7.2 Programme

Add two new paragraphs under this Sub-Clause

Intended Construction Procedures, Order and Methods

The Contractor shall show in the Programme of Works, the procedure, order and methods proposed for carrying out Works with specific emphasis on the labour requirements, equipment utilisation and productivity.


Programme Updating Within the intervals stated in the Appendix or as required by the Engineer the Contractor shall submit an updated Programme of Works.

10. VARIATIONS AND CLAIMS Add the following sub-clauses: 10.2 Permitted Variations (d) The Engineer shall not be permitted to issue Variations to a value greater than the Tender Sum

without approval from the Procurement Entity. The limit of approved Variations shall be + 15% of the Tender Sum.

11. CONTRACT PRICE AND PAYMENT 11.1. Valuation of the Works

Add the following sub-clauses:

11.1.1. Price Adjustment

The Contract shall not normally be subject to Price Adjustment. However, in exceptional and clearly identifiable economic circumstances, the Employer may consider a request from the Contractor for Price Adjustment where taxes, duties and/or basic costs for labour and specified materials have significantly increased since the commencement of the Works, as set out below, (a) Local Labour

For the purpose of this Sub Clause: (i) “Local Labour” means skilled, semi-skilled workers of all trades engaged by the

Contractor on the Site for the purpose of or in connection with the Contract or engaged full time by the Contractor off the site for the Purpose of or in connection with the Contract (by way of illustration but not limitation: workers engaged full time in any office, store, workshop or quarry).

(ii) “Basic Rate” means the applicable basic minimum wage rate prevailing on the date

28 days prior to the latest date for submission of Tenders, by reason of any National or State Statute or Ordinance.

(iii) “Current Rate” means the applicable basic minimum wage rate for Local Workers by

reason of any National or State Statute or Ordinance, prevailing on any date subsequent to the date 28 days prior to the latest date set for submission of Tenders.

b) Specified Materials

For the purpose of this Sub-Clause (i) “Specified Materials” means the basic materials required on the Site for the execution

and completion of Works, which shall include fuel and lubricants; cement; aggregates; steel reinforcement; timber and gravel.

(ii) “Basic Prices” means the prices for the specified materials prevailing on the date 28

days prior to the latest date for submission of Tenders.


The Engineer shall compile a Schedule of Basic Prices, upon which any claim for Variation shall be based, prior to the award of the Contract. The Contractor shall be entitled to a copy of the Schedule upon request to the Engineer.

(iii) “Current Prices” means the prices for the specified materials prevailing on any date

subsequent to the date 28 days prior to the latest date set for the submission of the Tenders, by reason of any National or State Statute or Ordinance,

(c) Overheads and Profits Excluded

In determining the amount of any adjustment to the Contract Price pursuant to this Sub-Clause no account shall be taken of any overheads or profits.

(d) Adjustments

The net amount of difference between the basic price and the current price payable by the Contractor when the specified services are provided or materials are bought shall, as the case may be, be paid to the Contractor.

(e) Notice and Records The Contractor shall keep such books, accounts, invoices, receipts, time sheets and other documents and records as are necessary to enable any adjustment under this Clause to be made and shall at the request of the Employer furnish these duly verified in such a manner as the Employer may require for examination and checking.

11.1.2. Exclusion of Price Adjustment for Late Completion of Works

In the event of the Contractor failing to complete the Works within the Time of Completion as defined under Clause 7, or extension of the Contract period granted, the provisions of Clause 11 shall cease to apply. Any part of the Works executed after the expiry of the Time for Completion shall be valued at a price levels prevailing at the contractual date of Completion.

11.1.3. Dayworks The Contractor shall not execute any work on a Dayworks basis except by written order of the Engineer Unless otherwise adjusted, payments for Dayworks shall be subject to price adjustment in accordance with the provisions of Clause 11.1.1

11.2. 11.3. Interim Payments

Add the following sub-clauses:

11.3.1. Advance Payment

The Employer may make Advance Payment to the Contractor on application after signing the Contract, against a Bank Guarantee, or approved Insurance Bond, in the form set out in the Tender Documents This Advance Payment shall be up to a maximum amount stated in the Appendix.

11.3.2. Deductions for Re-payment of Advance Payment Reimbursements of Advance Payment shall be made according to the schedule as stated in the Appendix.


11.3.3. The Minimum Amount of Interim Payment.

The minimum amount of an Interim Payment shall be stated in the Appendix.


FORM OF AGREEMENT This AGREEMENT is made on the -------------------------- day of --------------------- between the Government of

Kenya, represented by

.................................................................................................................................................................. of P.O.

Box ............................, ..........................or his representative (Hereinafter called the Employer) on the one part

and ---------------------------------------------------------------(Hereinafter called the Contractor) of P.O. Box --------------

--------------------- of the other part.

WHEREAS the Employer is desirous of Rehabilitating and Improving the section of the Road(s) ..................to

.............. and has accepted a Tender by the Contractor to execute the Improvement/Rehabilitation Works on

the road sections as defined,

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: In this Agreement words and expressions shall have the same meanings as are respectively assigned to

them in the Conditions of Contract.

The following documents form part of this Agreement, viz:

(a) Letter of Acceptance;

(b) Form of Tender

(c) Appendix to the Form of Agreement

(d) Conditions of Contract; Parts I and II

(e) Specifications;

(f) Drawings;

(g) Priced Bill of Quantities;

(h) Other Documents/Materials/Conditions agreed and documented.

In consideration of the payment to be made by the Employer to the Contractor, the Contractor covenants with

the Employer to execute and complete the Works in conformity with the provisions of the Contract.

The Employer covenants to pay the Contractor in consideration of the execution and completion of the Works,

the Contract Price or such other sum as may become payable under the Contract at the times and in the

manner prescribed by the Contract.

IN WITNESS WHEREOF the parties have caused this Agreement to be executed the day and year first

before written at..............................., Kenya


Signed and dated for and on behalf of the Employer

……………………… ……………………………..

Designation ……………………… Date

……………………………………………………………….

(Name of the Employer’s Representative)

In the Presence of ……………………………….. ………………………………

Designation……………………... Date

………………………………………… ……………………………………..


Signed for and on behalf of the Contractor …………………………………………………….

………………………………………………

(Name of the Contractor’s Representative)

In the Presence of …………………………….. ……………………………

(Signature of witness) (Date)

……………………………….. ……………………………………


Countersigned:- (if required)

…………………………………….. ……………………………………...

Designation………………………. (Date)

…………………………………………………

(Name of the Countersignatory))


APPENDIX TO FORM OF BID (This appendix forms part of the bid)

CONDITIONS OF CONTRACT CLAUSE AMOUNT

Bid Security (Bank Guarantee Only) Kshs 500,000.00 Amount of Performance Security (Unconditional Bank Guarantee)

10.1 5 per cent of BID Sum in the form of Unconditional Bank Guarantee or cash retentions (Insurance bonds shall not be accepted)

Program to be submitted 14.1 Not later than 21 (twenty one) days after issuance of Order to Commence

Cash flow estimate to be submitted 14.3 Not later than 21 (twenty one) days after issuance of Order to Commence

Minimum amount of Third Party Insurance 23.2 Kshs. 3,000,000.00

Period for commencement, from Engineer’s order to commence

41.1 28 days

Time for completion 43.1 18(Eighteen) months Amount of liquidated damages 47.1 KShs. 10,000.00 per day Limit of liquidated damages 47.1 10% of Contract Sum Defects Liability period 49.1 6 (Six) months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60. 3 Contract Sum Minimum amount of interim payment certificates

60.2 Kshs. 5,000,000.00

Time within which payment to be made after Interim Payment Certificate signed by Engineer

60.10 90 days

Time within which payment to be made after Final Payment Certificate signed by Engineer

60.10 90 days

Amount of Advance 60.12 15% Tender Sum

Advance Payment Security 60.12 Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted)

Appointer of Arbitrator/Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya)

Notice to Employer and Engineer 68.2 The Employers address is: The Director Kenya Rural Roads Authority P. O. Box 48151 –00100 NAIROBI

The Engineer’s address is: The General Manager(Maintenance) Kenya Rural Roads Authority P. O. Box 48151 –00100

(Signature of Contractor) ……………………….. (Date)………………………


1

SECTION XI: SPECIAL SPECIFICATIONS

SECTION 1 - GENERAL Add the following at the beginning of this section: "The Special Specifications comprise amendments of the Standard Specifications for purposes of executing the Works. In the cases where there appear to be a conflict between the Special Specifications and Standard Specifications, the former shall take precedence, unless otherwise directed by the Engineer"

101 LOCATION AND EXTENT OF SITE The road works are located Garissa County and runs from Jilango center towards Geylab center a distance of 10 km

102 EXTENT OF CONTRACT

The works to be excited under the contract consist but are not limited to the following:-

(a) Provision of General and Preliminary items for the works (b) Site clearance and top soil stripping where so instructed (c) Earthworks and formation as instructed (d) Drainage Works (e) Providing and laying, watering and compacting of gravel wearing course (f) Testing of construction materials and setting out (g) Other related ancillary works as may be instructed by the Engineer

103 CONTRACT DRAWINGS

Contract drawings are as follows, among other instructions:

1. Standard project publicity signboard as instructed 2. Drawings as specifically instructed from time to time.

The Engineer may from time to time, in order to enable the satisfactory completion of the Works, revise, amend, or supersede any of these drawings. It shall be the Contractor's responsibility to construct all works in conformity with the latest revision, amendment or superseding drawings, provided that the Engineer has given to the Contractor in writing such reasonable prior notices of intention to revise, amend or supersede as the nature of the intended change requires, and the relevant drawings have been issued to the Contractor.

104 THE WORKS EXECUTION PROGRAMME

The contractor’s works Execution programme is as required under clause 14 of the Conditions of Contract. The programme shall be co-ordinated with climatic and other conditions to provide for the completion of the works in the order and by the time specified.

The Contractor shall carry out the contract in accordance with the programme agreed with the Engineer, but he shall in no manner be relieved by the Engineer's approval of the programme, of

his obligation to complete the works in the prescribed order and by the prescribed completion date and he shall from time to time review his progress and make such amendments to his rate of execution of the works as may be necessary to fulfil his obligations.

107 CERTIFICATE OF SUBSTANTIAL COMPLETION

The length of road for which a certificate will be issued is the full length of the project road..

108 METHOD OF CONSTRUCTION

Notwithstanding the provisions of Clause 108 of the Standard Specifications the Engineer’s normal working hours shall be 8.00 a.m. and 5.00 p.m. excluding lunch hour on weekdays - that is from Monday to Friday. On Saturdays, the working hours shall be defined as 8.00 a.m. and 1.00 p.m. Sundays shall be set aside for rest.

The Engineer’s staff that is required for any reason whatsoever to work outside the above normal working hours shall be paid overtime and the full cost of such overtime shall be reimbursed to the engineer at no extra cost to the Employer.

109 NOTICE OF OPERATIONS

In addition to the provisions of Clause 109 of the Standard Specifications, no major diversion of traffic off the road of than 300 metres shall be made without the prior approval, in writing, of the Engineer.

115 CONSTRUCTION GENERALLY

(d) In addition to the provisions of Clause 115(d) of the Standard Specifications the Employer will, through the Engineers notice give the Contractor possession of the Site , including but not limited to the following: (i) Definite working area of the road or section of the road which shall be

between the two road reserve boundaries.

(ii) All classified and unclassified public junctions and accesses joining the road project(s) and/or sections thereof to an extent of not more than 50 metres from the centreline of the road.

124 LAND FOR ALL CAMP SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,

INCLUDING TEMPORARY WORKS

Notwithstanding the provisions of Clause 124 of the Standard Specification all requirements of land for the Contractor’s own use shall be at the Contractor’s expense.

The Contractor shall remove all temporary works and shall restore all such land to the condition in which it was immediately prior to the occupation. No separate payment will be made to the Contractor on account of land for deviations, quarries, stockpiles, spoil areas and borrow pits outside the road reserve and the Contractor is deemed to have made due allowance for them in his rates.

131 PUBLICITY SIGNBOARDS

The Contractor shall provide and erect as indicated in the Bill of Quantities publicity signboards on the site as directed. The desirable dimensions of the boards shall be as shown in the Drawings or directed by the Engineer. The boards shall be prepared primed and painted cream and lettered in black. The boards shall be of stout construction and resistant to the effects of weather.

138MOBILISATION COSTS

No separate payment shall be made to the Contractor in respect of any costs he may incur when bringing plant and equipment to the Site or in removing such plant and equipment from the Site on completion of the Contract. Such costs shall be deemed to have been included in the rates entered by the Contractor in the Bills of Quantities.

141 ENVIRONMENTAL PRESERVATION, PROTECTION AND DAMAGE MITIGATION

The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Engineer that the negative impact of the maintenance and repair works on the environment shall be kept to a minimum. The Contractor shall take appropriate measures to mitigate any adverse effects during the period of the works within the Site. The word `environment’ in this context shall mean the Site, including the people, water, soil, crops, animals and any growing natural vegetation.

In particular the Contractor shall observe the following stipulations:

141.1 Landscape Preservation

a) General

The Contractor shall exercise care to preserve the natural landscape and shall conduct his construction operations so as to prevent any destruction, scarring, or defacing of the natural surroundings in the vicinity of the work. Except where clearing is required for permanent works, approved construction roads, or excavation operations, all trees, native shrubbery, and vegetation shall be preserved and shall be protected from damage by the Contractor’s construction operations and equipment. The edges of clearings and cuts through trees, shrubbery, and vegetation shall be irregularly shaped to soften the undesirable visual impact of straight lines. Movement of crews and equipment within the right-of-way and over routes provided for access to the work shall be performed in a manner to prevent damage to grazing land, crops, and other property.

b) Construction Roads

The location, alignment and grade of construction roads shall be subject to approval of the Engineer as specified in Section 9. When no longer required by the Contractor, construction roads shall be restored to the original contour and made impassable to vehicular traffic. The surface of such construction roads shall be scarified as instructed to provide conditions that will facilitate natural re-vegetation, enable natural drainage and prevent erosion.

c) Construction facilities

The Contractor’s workshop, office and yard shall be located and arranged in a manner to preserve trees and vegetation to the maximum practicable extent. On completion of the Works, all storage and construction buildings, including concrete footings and slabs, and all construction materials and debris shall be removed from the site. The area shall be re-graded, as required, so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate natural re-vegetation, provide for proper drainage, and prevent erosion. These stipulations shall apply in so far as the Contractor has leased the land for the duration of the Contract.

141.2 Preservation of Trees and Shrubbery

a) Preservation All trees and shrubbery which are not specifically required to be cleared or removed for construction purposes shall be preserved and shall be protected from any damage that may be caused by the Constructor’s construction operations and equipment.

90

Special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating, dumping, chemical damage, or other operations; and the Contractor shall adequately protect such trees by use of protective barriers or other methods approved by the Engineer. The Engineer will permit the removal of trees or shrubs only after his prior approval.

b) Treatment of damage

The Contractor shall be responsible for injuries to trees and shrubs caused by his operations. The term “injury” shall include, without limitation, brushing, scarring, tearing, and breaking of roots, trunk, or branches. All injured trees and shrubs shall be repaired or treated without delay, at the Contractor’s expenses. If damage occurs, the Engineer will determine the method of repair or treatment to be used for the injured trees and shrubs as recommended by an experienced horticulturist or a licensed tree surgeon or botanical at the expense of the Contractor.

Where tree climbing is necessary, the use of climbing will not be permitted. If climbing is necessary, safety ropes will be required.

c) Replacement

Trees or shrubs that, in the opinion of the Engineer, are beyond saving shall be removed and replaced early in the next planting season. The replacements hall be the same species, or other approved species, and of the maximum size that is practicable to plant and sustain growth in the particular environment. Replacement trees and shrubs shall be guyed, watered, and maintained during the Contract.

141.3 Prevention of Water Pollution

a) General

The Contractor's construction activities shall be performed by methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, and other pollutants and wastes into streams, flowing or dry watercourses, lakes, and underground water sources. Such pollutants and wastes include, but are not restricted to, refuse, garbage, cement, concrete, sanitary waste, industrial waste, radioactive substances, oils, bitumen and other petroleum products, aggregate processing tailing, mineral salts, and thermal pollution.

b) Wastewater

Wastewater from concrete batching, or other construction operations shall not be allowed to enter streams, watercourses, or other surface waters without the use of such turbidity control methods as settling ponds, gravel-filter entrapment dikes, approved flocculating processes that are not harmful to fish, reticulation systems for washing of aggregates, or other approved, methods.

Any such wastewater discharged into surface waters shall contain the least concentration of settleable material possible. For the purpose of these specifications,

91

settleable material is defined as that material which will settle from the water by gravity during a 1-hour quiescent detention period.

92

c) Compliance with laws and regulations

The Contractor shall comply with applicable local laws, orders regulations, and water quality standards concerning the control and abatement of water pollution.

141.4 Abatement of Air Pollution

The Contractor shall comply with applicable local laws and regulations concerning the prevention and control of air pollution.

In the conduct of construction activities and operation of equipment, the Contractor shall utilise such practicable methods and devices as are reasonably available to control, prevent, and otherwise minimise atmospheric emissions or discharges of air contaminants. The emissions of dust into the atmosphere will not be permitted during the handling, and storage of concrete aggregates, and the Contractor shall use such methods and equipment as are necessary for the collection and disposal, or prevention, of dust during these operations. The Contractor’s methods of storing and handling cement and pozzolanas shall also include means of eliminating atmosphere discharge of dust.

Storage and handling of flammable and combustible materials, provisions for fire prevention, and control of dust resulting from any drilling operations shall be in accordance with the applicable provisions of construction industry safety standards.

141.5 Dust Abatement

During the performance of the work required by these specifications, the Contractor shall reduce the dust nuisance which has originated from his operations to alleviate damage to vegetation and wildlife or causing a nuisance to persons. The Engineer may direct additional sprinkling or other measures for dust abatement if necessary to obtain adequate control.

141.6 Noise Abatement

The Contractor shall comply with applicable local laws, orders, and regulations concerning the prevention, control and abatement of excessive noise.

141.7 Cleanup and disposal of waste materials

The Contractor shall, at all times, keep the construction areas, including storage areas used by him, free from accumulations of waste materials or rubbish.

Prior to completion of the works, the Contractor shall remove from the vicinity of the works all plant facilities, buildings, unused materials, concrete forms and such like material, belonging to him or used under his direction during construction.

Any residue deposited on the ground from washing out transit mix trucks or any similar concrete operations shall be cleaned up and disposed of in a manner acceptable to the Engineer.

In the event of the Contractor's failure to comply with this sub-clause 143.7 , the Employer at the expense of the Contractor, shall perform the work.

141.8 Fire protection and prevention

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The Contractor shall prepare and carry out an effective fire-protection and prevention program covering all phases of construction under this contract. The plan shall be submitted to the Engineer, prior to the start of construction operations. At the option of the Contractor, the fire-

protection and prevention program may be incorporated into a safety program.

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141.9 Other Clauses on Environment

In addition to sub-clauses 143.1 to 143.8 of these Specifications the Contractor's attention is drawn to the following requirements of the Standard Specification vis-à-vis to the environment:

Clause 107: Certificate of Completion Clause 115: Construction Generally Clause 116: Protection from Water Clause 117: Health, Safety and Accidents Clause 136: Removal of Camps Clause 605: Safety and Public Health Requirements Clause 607: Site Clearance and Removal of Topsoil and Overburden

141.10 Measurement and Payment

No separate measurement and payment shall be made for complying with sub-Clauses 143.1 to 143.8. The cost of all work required by these sub-Clauses shall be included in the Contractor's rates.

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SECTION FOUR - SITE CLEARANCE AND TOP SOIL STRIPPING

401 Site Clearance

(a) Site clearance shall be carried out beyond the instructed width, except for some

trees as directed by the Engineer.

402 Removal of Topsoil

Topsoil shall include the top 150mm or any unsuitable material encountered in existing or newly instructed drains, drainage channels, accesses or in the existing road alignment

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SECTION FIVE - EARTHWORKS

505 CONSTRUCTION OF EMBANKMENTS

Amend as following:

Suitable and Unsuitable Material

Material with high swelling characteristics or high organic content and any other undesirable material shall not be used.

The requirements for embankment fill are as follows:

(i) The CBR value at 100% MDD (AASHTO-T99) after 4 days of soaking shall be

minimum 5 and the swell shall not exceed 2.5%.

(ii) The organic matter content shall be less than 3%.

(iii) The maximum dry density after AASHTO-T99 shall not be less than

1400kg/m3

(iv) All clays of Liquid limit exceeding 80 and/or Plasticity index exceeding 30 shall be excluded from embankment.

Only material approved by the Engineer shall be used for construction of embankment fills.

Soft Material for Subgrade

Material for the upper-300 mm of soft subgrade cut/fill shall meet the following requirements:

(i) The Plasticity Index (PI) shall not exceed

30.

(ii) The CBR-value at 100% MDD (AASHTO-T99) after 4 days of soaking shall be minimum 7% and swell shall not exceed 2%.

(iii) The organic matter content (percentage by weight) shall be less

than 3%.

(v) The maximum dry density after AASHTO-T99 shall not be less than 1400 kg/m3.

(v) The material shall not contain particles of sizes exceeding 2/3 of the lift

thicknesses.

(vi) The subgrade shall be laid in 2 layers of 150 mm each.

If in-situ material of the upper 300 mm of subgrade soil in cuttings or existing fillings does not meet the above requirements it shall be cut and carted to spoil and substituted with suitable material.

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Suitable Subgrade Material

It is foreseen that suitable material for subgrade fill will be taken from borrow pits, in particular for the road sections in flat areas. Suitable subgrade material will be won from the following sources: (i) Extension of designated subbase material

sites. (ii) Designated earthworks material

sites (iii) Side

borrows (iv) Cutting

s

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Add the following Clause

Improved Subgrade

Improved subgrade shall be provided, spread and compacted in the thickness, shown in the drawing or as instructed by the Engineer. The material used for construction of improved subgrade shall meet the requirement of Clause 505.2 of this Special Specification.

Improved subgrade material shall be compacted to 100% MDD (AASHTO T.99) in layers not exceeding 150 mm thickness.

506 SWAMPS

Amend the following

Identification of Swamps

Identification and classification of swamps shall be made by the Engineer.

In addition, pockets of expansive clays may exist along the entire alignments.

The above sections shall be treated in conformity with provisions of Clauses 505.1, 505.2 and 505.3 herein.

Soft Spots

Minor soft spots detected during earthworks operations shall be repaired at the spot by excavation and refilling with approved material without extra payment.

511.1 BORROW PITS

Amend the following

511.2 Working of gravel borrow pits in the Park

517 MEASUREMENT AND PAYMENT

Amend the following:

Borrow Pit Materials

Exclude measurement and payment of the following items:

(i) Site clearance of borrow areas and access

road.

(ii) Removal of top soil from borrow areas

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(iii) Construction of access roads to borrow

areas

(iv) Removal to spoil from borrow areas.

Other Pay-Items

The pay-items listed in the Bills of Quantities shall be measured and paid in conformity with the Standard Specification. No extra payment shall be made for conformity with these provisions.

10

Add the following measurement and pay items:

Item: Improved Subgrade

Unit: M3

The rate for improved subgrade material shall include for the cost of excavating the material from borrow pit, transporting a free haul of 1.0 km and depositing the material as top layer of embankment, trimming, shaping and compacting and complying with the requirements of Clauses 502, 505, 505.3, 508, 509, 511, 512 and 513 of Standard and Special Specifications.

Item: Grading of formation where no gravel material is laid

Where instructed by the Engineer that the formation shall be completed without addition of any wearing course then the contractor shall finish off the top of the roadway subgrade by grading.

Grading is the restoration of the road profile and side drainage with a motor grader of at least 120HP, watering and rolling to achieve the required compaction.

The works comprise the removal of landslips form with the limits of the roadway and side drains, the reshaping of the longitudinal profile of the roadway, including the removal of ruts, humps and windrow, and the filling of potholes, the reshaping of the roadway and ditches to the specified cross-section template, as directed by the engineer, including the reinstatement of existing side ditches and drains and the excavation of new side ditches, clearing of all lose materials from side slopes to fills and cuts and generally ensuring that the top of the formation is correct to line and level, within the Engineers directed tolerances.

Grading shall involve the scarifying of the top 150mm of the roadway subgrade, watering, mixing, shaping and compaction to 95% MDD (AASHTO T99

Measurement and Payment

Unit: m2

The measurement shall be the area of carriageway graded, measured net according to the specified width and measured length graded.

SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS

601 GENERAL

During the pre –tender site visit at the request of prospective bidders before the bid submission date the employer shall indicate whether quarries, borrow pits and spoil areas are available inside the Park.

If these are not available inside the Park the Contractor will be entirely responsible for locating suitable sources of materials complying with the Standard and Special Specifications, and for the procurement and haulage to site of these materials and all costs involved therein. Similarly the contractor will be responsible for the provision and

10

costs involved in providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable sites for spoil dumps or stockpiles within the road reserve forming the site of the works the Contractor may utilise these subject to the approval of the Engineer.

No additional payment will be made to the Contractor to cover costs arising from the requirements of the second paragraph of this Clause and the Contractor must include these costs

in the rates inserted into the Bills of Quantities.

102

602 CONSTRUCTION Where water supplies are adequate inside the Park the contractor shall be allowed to access them for use in the works These sources subject to the approval of the park warden

SECTION 9 - PASSAGE OF TRAFFIC

901 SCOPE OF THE SECTION TRAFFIC CONTROL AND DEVIATIONS

Delete Sub-Clause 901(b) entirely and substitute as follows:

b) During the contract the contractor shall provide to the satisfaction of the Engineer adequate warning signs, temporary restriction signs, advance warning signs, lights, barriers, temporary bumps and any other device and personnel equipped with necessary emblems to ensure the safe passage of traffic along the deviations and existing roads adjacent to the works.

902 IMPROVEMENT TO THE EXISTING ROAD

Where instructed by the Engineer, Contractor shall improve the existing road by: -

(i) By providing gravel material similar to that used for gravel wearing course. The Contractor shall clean the loose material on shoulder, compact the existing surface, bring in gravel material, spread and compact it to 100% MDD AASHTO T99.

ii) Providing warning and direction signs.

In Bill of Quantities, appropriate items have been provided to cover above works. Unit of measurement for item (i) shall be m³, while for item (i) shall be by number provided under the Bill 20, notwithstanding stipulations of Section 912 (a) of the Standard Specifications.

906 PASSAGE OF TRAFFIC THROUGH THE WORKS

Add the following to the last paragraph:

`Any damage caused by passing traffic through the works shall be made good at the contractor's own cost.’

909 ASSISTANCE TO PUBLIC

In addition to provision of clause 909, Contractor shall maintain close liaison with the Employer in order to maintain smooth and safe flow of the traffic.

103

SECTION 10 – GRAVEL WEARING COURSE

1003 MATERIAL REQUIREMENTS

Amend as follows:

Class and Quality of material

(a) Grading

The material for gravel wearing course after placing and compaction shall comply for gradation with Class 2 gravel

(b) Plasticity requirements

The fraction of material passing the 0.425mm (No. 40) sieve shall have a plasticity index (PI) between 5% - 30% and plasticity modulus not exceeding 1200

(c) CBR Value

The soaked CBR value at 95% MDD (AASHTO T180) shall not be less than 20%

(d) Laying and compacting

The material shall be deposited in such quantity and spread, uniformly watered, compacted and trimmed in a uniform layer across the full width instructed so that the final compacted thickness shall nowhere be less than 150mm or as otherwise instructed by the Engineer. The moisture content during compaction shall be between 80% and 105% of the optimum moisture content (AASHTO T 180). Following the final trim the material shall be compacted to a dry density of at least 95% MDD (AASHTO T 180).

(e) Sources of material

The material shall be selected from borrow pits located near the Site, of suitable quality and approved by the Engineer

1

SECTION XII: DRAWINGS

STANDARD FORMS

i

CONTENTS: STANDARD FORMS ............................................................................................................................ 1 FORM OF INVITATION FOR TENDERS ......................................................................................... 2 FORM OF TENDER .............................................................................................................................. 3 LETTER OF ACCEPTANCE ............................................................................................................... 4 FORM OF TENDER SECURITY ........................................................................................................ 5 PERFORMANCE BANK GUARANTEE ............................................................................................ 6 BANK GUARANTEE FOR ADVANCE PAYMENT ......................................................................... 7 QUALIFICATION INFORMATION .................................................................................................. 8

TENDER QUESTIONNAIRE ............................................................................................................. 8 CONFIDENTIAL BUSINESS QUESTIONNAIRE ............................................................................ 9 ADJUDICATOR’S AGREEMENT .................................................................................................... 11

1

STANDARD FORMS (ii) Form of Invitation for Tenders (iii) Form of Tender (iv) Letter of Acceptance (v) Form of Tender Security (vi) Performance Bank Guarantee (vii) Bank Guarantee for Advance Payment (viii) Tender Questionnaire (ix) Confidential Business Questionnaire (x) Adjudicator’s Agreement

2

FORM OF INVITATION FOR TENDERS

_______________________[date]

To: _____________________________________ [name of Contractor]

_____________________________________[address]

_____________________________________

_____________________________________

Dear Sirs: Reference:______________________________________________[Contract Name] You are qualified to tender for the above Contract. We hereby invite you and other qualified Tenderers to submit a Tender for the execution and completion of the Works. A complete set of Tender documents may be purchased from ____

________________________________________________________________________

[mailing address, cable/telex/facsimile numbers]. Upon payment of a non-refundable fee of Kshs__________________________ All Tenders shall be accompanied by ....................number of copies of the same and a Tender Security in the form and amount of Kshs…………. and shall be delivered to : ________________________________________________________________________ [address and location] at or before _______________________(time and date). Tenders will be opened immediately thereafter, in the presence of those Tenderers’ representatives who choose to attend. Please confirm receipt of this letter and your intention to Tender in writing. Yours faithfully, _____________________________________ Authorised Signature _____________________________________ Name and Title

3

FORM OF TENDER

TO: __________________________[Name of Employer) ____________[Date] __________________________[Name of Contract] Dear Sir, 1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

Quantities/Schedule of Rates for the execution of the above Works, We, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs._____________________________[Amount in figures]Kenya Shillings___________________________________________________________________________________________[Amount in words]

2. We undertake, if our Tender is accepted, to commence the Works on the commencement

date and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix.

3. We agree to abide by this Tender until ___________________[Insert date], and it shall

remain binding upon us and may be accepted at any time before that date. 4. Unless and until a formal Agreement is prepared and executed this Tender together with

your written acceptance thereof, shall constitute a binding Contract between us. 4. We understand that you are not bound to accept the lowest or any Tender you may

receive.

Dated this ____________________ day of _______20________________ Signature __________________in the capacity of___________________ duly authorized to sign Tenders for and on behalf of ________________________________________[Name of Tenderer] of _______________________________[Address of Tenderer] Witness: Name______________________________________ Address_____________________________________ Signature___________________________________ Date_______________________________________

4

LETTER OF ACCEPTANCE [letterhead paper of the Employer] _______________________[date] To: _______________________ [name of the Contractor] _____________________ [address of the Contractor] Dear Sir, This is to notify you that your Tender dated ___________________________ for the execution of ________________________________________________ [name of the Contract and identification number,as given in the Tender documents] for the Contract Price of Kshs. __________________________ [amount in figures][Kenya Shillings______________________________(amount in words) ] in accordance with the Instructions to Tenderers is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents. Authorized Signature ………………………………………………………………… Name and Title of Signatory ………………………………………………………… Attachment :

5

FORM OF TENDER SECURITY

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted a Tender dated ………………………… for the Rehabilitation/Spot Improvement of ……………………………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20………… THE CONDITIONS of this obligation are: 1. If after Tender opening the Tenderer withdraws his Tender during the period of Tender

validity specified in the Instructions to Tenderers Or

2. If the Tenderer, having been notified of the acceptance of his Tender by the Employer during the Period of Tender validity:

(a) fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the

Instructions to Tenderers;

We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the Period of Tender validity, and any demand in respect thereof should reach the Bank not later than the said date.

___________________________ ______________________________ [date[ [signature of the Bank] ___________________________ ______________________________ [witness] [seal]

6

PERFORMANCE BANK GUARANTEE

To: _________________________(Name of Employer) ___________(Date)

__________________________(Address of Employer)

Dear Sir, WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in

pursuance of Contract No. _____________ dated _________ to execute _______________

(hereinafter called “the Works”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on

behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in

figures) Kenya Shillings__________________________________________ (amount of

Guarantee in words), and we undertake to pay you, upon your first written demand and without

cavil or argument, any sum or sums within the limits of Kenya Shillings

_________________________ (amount of Guarantee in words) as aforesaid without your

needing to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change, addition 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, and we hereby waive notice of any change, addition, or modification. This Guarantee shall be valid until the date of issue of the Employer’s notice under Sub-Clause 8.2 (Taking-Over Notice), of the Conditions of Contract.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________ Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

7

BANK GUARANTEE FOR ADVANCE PAYMENT

To: ________________________ [name of Employer] ___________(Date)

________________________[address of Employer]

Gentlemen, Ref: _______________________________________________[name of Contract] In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract,

We,_______________________________________[name and Address of Contractor]

(hereinafter called “the Contractor”) shall furnish you with a Bank guarantee by a recognised

Bank for the sum specified therein as a security for compliance with his obligations in accordance

with the Contract in an amount of Kshs._____________[amount of Guarantee in figurers] Kenya

Shillings_____________________________________[amount of Guarantee in words].

We, the ______________[bank or financial institution], as instructed by the Contractor, agree

unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the

payment to ___________________________[name of Employer] on his first demand without

whatsoever right of objection on our part and without his first claim to the Contractor, in the

amount not exceeding Kshs________________________[amount of Guarantee in figures]Kenya

Shillings _________________________________________________[amount of Guarantee in

words].

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 ________________________[name of Employer] and the Contractor, shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition or modification. This Guarantee shall remain valid and in full effect from the date of the Advance Payment under the Contract until _____________________________(name of Employer) receives full payment of the same amount from the Contract. Yours faithfully, Signature and Seal __________________________________________________ Name of the Bank or financial institution ______________________________ Address ______________________________________________________________ Date _________________________________________________________________ Witness: Name: ____________________________________________________ Address: __________________________________________________ Signature: ________________________________________________ Date: _____________________________________________________

8

QUALIFICATION INFORMATION TENDER QUESTIONNAIRE

Please fill in block letters. 1. Full name of Tenderer;

……………………………………………………………………………………… 2. Full address of Tenderer to which Tender correspondence is to be sent (unless an agent

has been appointed below);

……………………………………………………………………………………… 3. Telephone number (s) of Tenderer;

……………………………………………………………………………………… 4. Facsimile of Tenderer;

……………………………………………………………………………………… 5. Name of Tenderer’s representative to be contacted on matters of the Tender during the

Tender period; ………………………………………………………………………………………

6. Details of Tenderer’s nominated agent (if any) to receive Tender notices (name, address,

telephone, telefax);

……………………………………………………………………………………… ……………………………………………………………………………………… _______________________ Signature of Tenderer Make copy and deliver to:_____________________(Name of Employer) ( The Tenderer shall leave one copy at the time of purchase of the Tender documents)

9

CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part 1 and either Part 2 (a) or 2 (b) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this Form. Part 1 – General Business Name ……………………………………………………………………… Location of business premises; Country/Town………………………. Plot No……………………………………… Street/Road ………………………… Postal Address……………………………… Tel No……………………………….. Nature of Business………………………………………………………………….. Current Trade Licensee No…………………… Expiring date………………… Maximum value of business which you can handle at any time: Kshs ……………………….. Name of your Bankers……………………………………………………………… Branch………………………………………………………………………………… Part 2 (a) – Sole Proprietor Your name in full…………………………………… Age………………………… Nationality………………………………… Country of Origin………………… Citizenship details ………………………………………………………………… Part 2 (b) – Partnership Give details of partners as follows: Name in full Nationality Citizenship Details Shares 1 …………………………………………………………………………………… 2 …………………………………………………………………………………… 3 ……………………………………………………………………………………

10

Part 2 (c) – Limited CompanyGive details of directors as follows: Name in full Nationality Citizenship Details Shares 1 …………………………………………………………………………………… 2 …………………………………………………………………………………… 3 ……………………………………………………………………………………

11

Adjudicator’s Agreement Identification of Project: ………………………………………………………………………………………………… (the “Project”) Name and address of the Employer: ……………………………………………………………………………………………….. (the “Employer”) Name and address of the Contractor: ……………………………………………………………………………………………….. (the “Contractor”) Name and address of the Adjudicator: ……………………………………………………………………………………………….. (the “Adjudicator”) Whereas the Employer and the Contractor have entered into a Contract (“the Contract”) for the execution of the Project and wish to appoint the Adjudicator to act as adjudicator in accordance with the Rules for Adjudication [“the Rules”]. The Employer, Contractor and Adjudicator agree as follows: 1. The Rules and dispute provisions of the Contract shall form part of this

Agreement. 2. The Adjudicator shall be paid:

A retainer fee of ………………………………………………...………….. per calendar month (where applicable) A daily fee of ………………………………………………..… Expenses (including the cost of telephone calls, courier charges, faxes and telexes incurred in connection with his duties; all reasonable and necessary travel expenses, hotel accommodation and subsistence and other direct travel expenses). Receipts will be required for all expenses.

12

3. The Adjudicator agrees to act as Adjudicator in accordance with the Rules and

has disclosed to the Parties any previous or existing relationship with the Parties or others concerned with the Project.

4. This Agreement shall be governed by the laws of…………………………………………

5. The Language of this Agreement shall be …………………………………………………..

SIGNED BY ……………………………….………………………… For and on behalf of the Employer in the presence of Witness ……………………………………………………………... Name ……………………………………………………………... Address ……………………………………………………………... Date ……………………………………………………………... SIGNED BY ……………………………….………………………… For and on behalf of the Contractor in the presence of Witness ……………………………………………………………... Name ……………………………………………………………... Address ……………………………………………………………... Date ……………………………………………………………... SIGNED BY ……………………………….………………………… For and on behalf of the Adjudicator in the presence of Witness ……………………………………………………………... Name ……………………………………………………………... Address ……………………………………………………………... Date ……………………………………………………………...

Contract Drawings

FIGURE E3 - CROSS SECTION A (MINOR ROADS STANDARD CROSS-SECTION)

STANDARD DRAWINGS E-3

Min

. 0.5

0

Gra

vel L

ayer

= 0

.12m

com

pact

ed

(0.2

0m o

n sp

ecia

l sec

tions

)

8% (c

ompa

cted

)

1.20

Car

riage

way

6.0

0m

Min

. 0.5

0 0.

61.

20

0.35

0.

35

8%

Back

slop

e M

in. 3

: 2

Max

. 3 :

1

N

OTE

: -

ALL

UN

SP

EC

IFIE

D D

IME

NS

ION

S IN

m.

- TR

AFF

IC L

EV

ELS

OF

MO

RE

TH

AN

200

VP

D M

AY

JUS

TIFY

RU

NN

ING

SU

RFA

CE

WID

TH IN

CR

EA

SE

TO

6.5

0 M

ETR

ES

0.6

0

3.00

3.

00

E-1

FIGURE E3 - CROSS SECTION C - (BLACK COTTON CROSS SECTION)

7.0

(1.2

06.

5

1.50

1.

00

(1.0

0)

1.00

(0.8

0)

1.50

(1.2

0

1.00

(1.0

0)

1.00

(0.8

0)

3.50

3.

50

3.00

3.

00

(2.4

5)

(2.4

5)

0.35

Gra

vel i

n tw

o la

yers

tota

l thi

ckne

ss =

0.2

0m

com

pact

ed. L

ower

laye

r may

be

coas

er m

atria

l

Mat

eria

l fro

m s

lope

and

bac

k sl

ope

is u

sed

to fo

rm c

ambe

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ater

ial f

rom

ditc

h is

use

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ise

road

leve

l

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nch

to s

tabi

lise

shou

lder

s 4%

(Com

pact

ed)

4 %

Contract Drawings

FIGURE E.2 - CROSS SECTION B (REDUCED CROSS SECTION)


Min

. 0

.40

8%

1.00

Car

riage

way

4.5

0m

0.40

1.

00

2.25

2.

25

0.30

0.30

8% G

rave

l Lay

er

0.10

m c

ompa

cted

(0.2

0m

on s

peci

al s

ectio

ns)

Back

slop

e M

in. 3

: 2

Max

. 3 :

1

E-2

Contract Drawings



Min

. 0.5

0

Gra

vel L

ayer

= 0

.12m

com

pact

ed

(0.2

0m o

n sp

ecia

l sec

tions

)

8% (c

ompa

cted

)

1.20

Car

riage

way

5.4

0m

Min

. 0.5

0 0.

61.

20

0.35

0.

35

8%

Back

slop

e M

in. 3

: 2

Max

. 3 :

1

N

OTE

: -

ALL

UN

SP

EC

IFIE

D D

IME

NS

ION

S IN

m.

- TR

AFF

IC L

EV

ELS

OF

MO

RE

TH

AN

200

VP

D M

AY

JUS

TIFY

0.6

0

2.7

2.7

E-1

Contract Drawings


STANDARD DRAWING E3

5.40

m

(1.2

04.

50m

1.50

1.

00

(1.0

0)

1.00

(0.8

0)

1.50

(1.2

0

1.00

(1.0

0)

1.00

(0.8

0)

2.70

2.

70

(2.2

5)

(2.2

5)

2.90

2.

90

(2.4

5)

(2.4

5)

0.35

Gra

vel i

n tw

o la

yers

tota

l thi

ckne

ss =

0.2

0m

com

pact

ed. L

ower

laye

r may

be

coas

er m

atria

l

Mat

eria

l fro

m s

lope

and

bac

k sl

ope

is u

sed

to fo

rm c

ambe

r M

ater

ial f

rom

ditc

h is

use

d to

ra

ise

road

leve

l

Hau

nch

to s

tabi

lise

shou

lder

s

8 %

(Com

pact

ed)

8 %

E3

Contract Drawings



Min

. 0.5

0

Gra

vel L

ayer

= 0

.12m

com

pact

ed

(0.2

0m o

n sp

ecia

l sec

tions

)

8% (c

ompa

cted

)

1.20

Car

riage

way

6.0

0m

Min

. 0.5

0 0.

61.

20

0.35

0.

35

8%

Back

slop

e M

in. 3

: 2

Max

. 3 :

1

N

OTE

: -

ALL

UN

SP

EC

IFIE

D D

IME

NS

ION

S IN

m.

- TR

AFF

IC L

EV

ELS

OF

MO

RE

TH

AN

200

VP

D M

AY

JUS

TIFY

RU

NN

ING

SU

RFA

CE

WID

TH IN

CR

EA

SE

TO

6.5

0 M

ETR

ES

0.6

0

3.00

3.

00

E-1


7.0

(1.2

06.

5

1.50

1.

00

(1.0

0)

1.00

(0.8

0)

1.50

(1.2

0

1.00

(1.0

0)

1.00

(0.8

0)

3.50

3.

50

(2.2

5)

(2.2

5)

4.00

4.

00

(2.4

5)

(2.4

5)

0.35

Gra

vel i

n tw

o la

yers

tota

l thi

ckne

ss =

0.2

0m

com

pact

ed. L

ower

laye

r may

be

coas

er m

atria

l

Mat

eria

l fro

m s

lope

and

bac

k sl

ope

is u

sed

to fo

rm c

ambe

r M

ater

ial f

rom

ditc

h is

use

d to

ra

ise

road

leve

l

Hau

nch

to s

tabi

lise

shou

lder

s 8

% (C

ompa

cted

) 8

%

Contract Drawings



Min

. 0.5

0

Gra

vel L

ayer

= 0

.12m

com

pact

ed

(0.2

0m o

n sp

ecia

l sec

tions

)

8% (c

ompa

cted

)

1.20

Car

riage

way

5.4

0m

Min

. 0.5

0 0.

61.

20

0.35

0.

35

8%

Back

slop

e M

in. 3

: 2

Max

. 3 :

1

N

OTE

: -

ALL

UN

SP

EC

IFIE

D D

IME

NS

ION

S IN

m.

- TR

AFF

IC L

EV

ELS

OF

MO

RE

TH

AN

200

VP

D M

AY

JUS

TIFY

0.6

0

2.7

2.7

E-1

Contract Drawings


STANDARD DRAWING E3

5.40

m

(1.2

04.

50m

1.50

1.

00

(1.0

0)

1.00

(0.8

0)

1.50

(1.2

0

1.00

(1.0

0)

1.00

(0.8

0)

2.70

2.

70

(2.2

5)

(2.2

5)

2.90

2.

90

(2.4

5)

(2.4

5)

0.35

Gra

vel i

n tw

o la

yers

tota

l thi

ckne

ss =

0.2

0m

com

pact

ed. L

ower

laye

r may

be

coas

er m

atria

l

Mat

eria

l fro

m s

lope

and

bac

k sl

ope

is u

sed

to fo

rm c

ambe

r M

ater

ial f

rom

ditc

h is

use

d to

ra

ise

road

leve

l

Hau

nch

to s

tabi

lise

shou

lder

s

8 %

(Com

pact

ed)

8 %

E3

GL

ELEVATIONS SECTIONNOTE:

E-16

FIGU

RE C

.16 - TRA

FFIC SIG

NS

ROAD SIGNS STAND

ARD

DR

AWIN

GS E-16

600

2000

60

0

450

600

GIVE WAY

STOP 10T 60

BLACK WHITE RED

KEY

600

50mm f 3mm wall

600

75mm

2400

20

0

16mm steel bar anchors welded across at bottom of

Concrete Mix (1:2:4)

Road centre

0.6

Road

Edge of 1. The type of sign required and their location shall be as shown on the improvement plan and as directed by the Engineer 2. Sign plate to be 2 mm thick mild steel plate 3. Sign post to be 50 mm internal diameter steel pipe with wall thickness of 3 mm. 4. Sign plate to fixed to steel tube by 4 Nos M10 bolts and 2 Nos 50 mm f fixing clamps/brackets. 5. Sign paints shall be reflective. 6. The sign plate and post shall be treated by applying two coats of lead red oxide paint before applying priming and two finish coats of approved paints . Paints used shall have a hard, durable and glossy finish.

300

300

300

300

Contract D

rawings

NOTES

KEY:

WHITE

BLACK

PUB

LICITY SIG

N B

OA

RD

C-17

500

600

50x150 mm treated softwood

4000

3400

60

0

25mm

450 450

600 300 1200

1800 46

00

250

PROJECT TITLE:

EMPLOYER: MINISTRY OF ROADS AND PUBLIC

250 10

0

400

250

250

250

1500

25

0

150

x 50

mm

tr

eate

d

soft

woo

d

300

FINANCED BY:

The wording of the project signboard and the location to be installed to be as directed by the Engineer

Materials to be used for fabrication of signboard shall be pressure impegnated treated softwood timber sizes as indicated in the drawing.

Wording boards to be nailed to the posts using nails.

Project board posts and struts to be embedded in concrete ratio 1:2:4

4.

3.

2.

1.

Road Code U_E5003Package: GSA/GOK/CNT/2-16-14|15-058Contractor

Page: 1

Bill No.1 General: Office administration and overheads/Preliminaries Project:

Item No. Description Units QuantityUnit Bid Rate(Ksh) Amount KSh

01-80-015 Extra over item 01-80-014 for profits and overheads % 25000001-80-017 Provide fuel and maintain with driver,4WD double cabin V/Mon 301-80-018 Extra over 01-80-017 for mileage over 4,000km KM 200001-80-024 Purchase and provide Computers (PC) as per Clause 13 NO 201-80-026 Allow a prime cost sum for the REs miscellaneuos acco PC SU 45000001-80-028 Allow a prime cost sum for off road Enviromental MitigaPC SU 15000001-80-029 Extra over 01-80-028 for profits and overheads PC SU 1500001-80-030 Allow a prime cost for attendance to the RE,s superviso PC SU 6250001-60-005 Publicity Sign Boards KS 80000

Total Carried Forward to Summary:

Bill of Quantities


Page: 2

Bill No.5 EARTHWORKS Project:


05-50-006 Fill in soft material and compact M³ 450005-50-010 Cut to fill in soft material M³ 10260


Bill of Quantities


Page: 3

Bill No.8 CULVERT AND DRAINAGE WORKS Project:


08-60-014 Culvert Repair/Replacement - 900mm. MT 4008-60-027 Culvert Installation 900 mm with surround METE 60


Bill of Quantities


Page: 4

Bill No.10 GRADING AND GRAVELLING WORKS Project:


10-60-001 Provide gravel wearing course-excavation,free haul, sp M³ 14560.1


Bill of Quantities

RoadCode U_E5003Structure: Package: GSA/GOK/CNT/2-16-14|15-058Contractor

Page: 1

Summary Project:

Item No. Description Amount (KShs)1 General: Office administration and overheads/Preliminaries5 EARTHWORKS8 CULVERT AND DRAINAGE WORKS

10 GRADING AND GRAVELLING WORKS

Sub Total

VAT @ 16 % TotalContingencies ( @ 0 %)

Carried to page on the form of Tender

Bill of Quantities

KENYA RURAL ROADS AUTHORITY STANDARD...

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Transcript of KENYA RURAL ROADS AUTHORITY STANDARD...