THARAKA NITHI COUNTY

GOVERNMENT

LY
N
O
W
IE
UPGRADING OF TUNYAI NTHAARA ROAD TO BITUMEN STANDARDS

-V
20km (DESIGN BUILD)

T
EN
TENDER NO. TNCG/34/2018-2019
M
N
R
VE
O
G
TY

BID
N
U

DOCUMENT
O
IC
H

SEPTEMBER 2018
IT
N
A
AK
AR

The Chief Officer,

County Department of Transport, Roads, Housing and Infrastructure
TH

P.O Box 10,KATHWANA

 Invitation for Bids
TENDER NOTICE
FOR
UPGRADING OF TUNYAI NTHAARA ROAD TO BITUMEN STANDARDS
(DESIGN BUILD)
TENDER No. TNCG/34/2018/2019

1. Tharaka Nithi County Government intends to upgrade various roads to bitumen standards within the

LY
county. This project will be undertaken as a Design & Build Contract (FIDIC EPC/TURNEY: fixed

N
O
price) with a construction period of 36 months.

W
2. It is anticipated that the successful bidder will sign a fixed price Contract with the County Government

IE
to provide the required design and construction services.

-V
3. The EPC/Turnkey Contract approach will be adopted where the successful bidder shall undertake due

T
diligence and detailed investigations and prepare detailed engineering designs on which construction

EN
shall be based. The bidders are therefore encouraged to associate as construction firms and consultancy

M
firms to enhance their capabilities in these areas.N
4. The Design and Construction Contract is expected to be completed within a period of thirty six
R
VE

(36) Months while the Defects Notification Period is 12 months.

O
G

5. Interested eligible candidates may obtain further information from the county Website
TY

https://tharakanithi.go.ke/tenders/ (free of charge) and inspect the tender documents at the county
N

government offices at KATHWANA during normal working hours.

U

6. The Employer now invites sealed bids (“Bids”) from eligible entities or persons (“Bidders”) as
O

detailed in the Tender Document to provide the Design-Build referenced above (the “Works”), which
IC

is being offered as a fixed price Contract.

H
IT
N

7. A Bidder will be selected under the competitive bidding procedures described in the bidding
A
AK
AR
TH

2|Page
 documents associated with this IFB (the “Bidding Documents”). Bidders are advised that these
procedures are governed by the Public Procurement and Asset Disposal Act, 2015

8. Please note that a mandatory pre-Bid site visit SHALL be held on the date indicated in the Tender
notice.

9. All bids must be accompanied by 2% of the tender amount as a Bid Security

10. Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number
and be deposited in the Tender Box at the County Headquarters, Kathwana or be addressed to The County
Secretary, Tharaka Nithi County Government P.O Box 10,60406 Kathwana so as to be received on or before

LY
15th October 2018 at 11.00 Am

N
O
11. Late bids will be rejected. Bids will be publicly opened in the presence of the bidders’ designated

W
representatives who choose to attend at the address in 10 above on or before the date indicated on

IE
the tender notice.

-V
12. Further information and clarification on the bidding documents may be obtained at the county

T
EN
website https://tharakanithi.go.ke

M
N
R
Director Supply Chain Management
VE
O
G

THARAKA NITHI COUNTY

TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

3|Page
Section I. Instructions to Bidders I-1

SECTION I

LY
N
O
INSTRUCTIONS TO BIDDERS (ITB)

W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

i|Page
Section I. Instructions to Bidders I-2

SECTION 1: INSTRUCTIONS TO BIDDERS

Table of Contents

A. GENERAL ............................................................................................................................................ 3

B. CONTENTS OF BIDDING DOCUMENTS ..................................................................................... 7

LY
C. PREPARATION OF BIDS ................................................................................................................. 9

N
O
D. SUBMISSION AND OPENING OF BIDS ...................................................................................... 14

W
IE
-V
E. EVALUATION AND COMPARISON OF BIDS ........................................................................... 17

T
EN
F. AWARD OF CONTRACT ................................................................................................................ 22

M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

2|Page
Section I. Instructions to Bidders I-3

Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) number as indicated in the
IFB, the entity identified in the Bid Data Sheet (BDS) (hereinafter called
the Employer), issues these bidding documents for the procurement of
design and build of Works as specified in Section IX, Employer’s
Requirements and Section X, Drawings of Part III, Works Requirements
(these “Bidding Documents”). The name and identification number of this
procurement are provided in the BDS.

LY
N
1.2 Throughout these Bidding Documents, unless otherwise indicated,

O
capitalized terms have the meaning indicated in the form of the proposed

W
Contract set forth in Sections V and VI, provided that:

IE
(a) the term “in writing” means communicated in written form and

-V
delivered against receipt;

T
EN
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
M
N
R
(c) “day” means calendar day.
VE
O

2. Source of Funds 2.1 The County government of Tharaka nithi) through the Exchequer funding
G

has set aside funds for the above project under the development budget.
TY
N
U

3. Corrupt and 3.1 It is a requirement that all Bidders, suppliers, and contractors and their
O

Fraudulent agents (whether declared or not), personnel, subcontractors, sub-

IC

Practices contractors, service providers and suppliers, under this Contract, observe
H

the highest standard of ethics during its procurement and execution. In

IT

pursuance of this policy:

N

(a) the terms set forth below are defined as follows:

A
AK

(i) “corrupt practice” is the offering, giving, receiving or soliciting,

AR

directly or indirectly, of anything of value to influence

improperly the actions of another party;
TH

(ii) “fraudulent practice” is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
(iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property

3|Page
Section I. Instructions to Bidders I-4

of the party to influence improperly the actions of a party;

(v) "obstructive practice" is deliberately destroying, falsifying,
altering or concealing of evidence material to the investigation
or making false statements to investigators in order to materially
impede an investigation into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
(b) The Employer will reject a Bid if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in

LY
coercive, collusive, corrupt, fraudulent, obstructive or prohibited

N
practices in competing for the Contract.

O
W
(c) The Employer has the right to require that a provision be included in

IE
the Contract requiring the Contractor to permit the Employer, or any

-V
designee of Employer, to inspect its accounts, records and other
documents relating to the submission of its Bid or performance of the

T
EN
Contract and to have such accounts, records and other documents
audited by auditors appointed by the Employer or the Government of

M
Kenya. N
R
4. Eligible Bidders
VE

4.1 A Bidder may be a natural person, private entity, government-owned

entity—subject to ITB 4.4—or any combination of such entities supported
O

by a letter of intent to enter into an agreement or under an existing

G

agreement in association in the form of a joint venture or other consortium.

TY

In the case of a joint venture or other consortium:

N
U

(a) all members shall be jointly and severally liable for the execution of
O

the Contract, and

IC

(b) The association shall nominate a representative who shall have the
H
IT

authority to conduct all business for and on behalf of any and all the
N

members of the joint venture or the consortium during the bidding

A

process and, in the event the joint venture or consortium is awarded the
AK

Contract, during Contract execution.

AR

(c) Each member of the Joint venture, consortium or other unincorporated

TH

grouping of two or more persons shall produce a parent company

guarantee. The members of the parties involved shall appoint the leader
of the Joint venture, consortium or other unincorporated grouping of
two or more persons at the time of tendering providing a single point
of contact thereafter.
The Employer shall not wish to be involved in a dispute between the members of
the Joint venture, consortium or other unincorporated grouping of two or more
persons.”
4.2 A Bidder, all parties constituting the Bidder, any sub-Contractors and

4|Page
Section I. Instructions to Bidders I-5

suppliers, and their respective personnel and affiliates, may have the
nationality of any country, subject to the restrictions specified in the
paragraphs below. A person or entity shall be deemed to have the
nationality of a country if such person or entity is a citizen or is constituted,
incorporated, or registered in, and operates in conformity with, the
provisions of the laws of that country. This criterion shall also apply to the
determination of the nationality of proposed sub-Contractors or suppliers
for any part of the Contract including related services.

4.3 A Bidder, all parties constituting the Bidder, any sub-Contractors and
suppliers, and their respective personnel and affiliates, shall not have a
conflict of interest. All Bidders found to have a conflict of interest shall be

LY
disqualified. A person or entity may be considered to have a conflict of

N
interest with one or more parties in this bidding process, if:

O
W
(a) they have at least one controlling partner in common; or

IE
(b) they have the same legal representative for purposes of this Bid; or

-V
(c) they have a relationship with each other, directly or through common

T
third parties, that puts them in a position to have access to information

EN
about or influence on the Bid of another Bidder, or influence the

M
decisions of the Employer regarding this bidding process; or
N
R
(d) they participate in more than one Bid in this bidding process;
VE

participation by a Bidder in more than one Bid will result in the

O

disqualification of all Bids in which the party is involved; however,

G

this provision does not limit the inclusion of the same subcontractor in
TY

more than one Bid; or

N

(e) they are, or have been associated in the past, with a person or entity
U

which has been engaged to provide consulting services for the

O
IC

preparation of the design, specifications, or other documents to be used

for the procurement and provision of the design and construction of the
H
IT

Works under the Contract; or

N

(f) they or any of their affiliates have been hired (or are proposed to be
A

hired) by the Employer as Engineer for the Contract; or

AK
AR

(g) they are themselves, or have a business or family relationship with, a

member of the Employer’s board of directors or staff.
TH

Bidders and the Contractor have an obligation to disclose any situation

of actual or potential conflict that impacts their capacity to serve the
best interest of the Employer, or that may reasonably be perceived as
having this effect. Failure to disclose said situations may lead to the
disqualification of the Bidder or Contractor or the termination of the
Contract.

4.4 Government-owned entities in the Employer’s country shall be eligible

only if they can establish that they (a) are legally and financially

5|Page
Section I. Instructions to Bidders I-6

autonomous, (b) operate under commercial law, and (c) are not a
dependent agency of the Employer.

4.5 Bidders shall provide such evidence of their continued eligibility, in a manner
satisfactory to the Employer, as the Employer may reasonably request.

4.6 A Bidder, all parties constituting the Bidder, any subcontractors and
suppliers, and their respective personnel and affiliates, shall not be any
person or entity under a declaration of ineligibility for engaging in
coercive, collusive, corrupt, fraudulent, obstructive or prohibited practices
in accordance with ITB 3.1 above. This would also remove from eligibility

LY
for participation in procurement any person or entity that is organized in or

N
has its principal place of business or a significant portion of its operations

O
in any country that is subject to sanction or restriction by law or policy of

W
the Government of the Republic of Kenya.

IE
-V
4.7 A Bidder, parties constituting the Bidder, any subcontractors and suppliers,
and their respective personnel and affiliates not otherwise made ineligible

T
for a reason described in ITB 4.6 shall be excluded if:

EN
(a) as a matter of law or official regulation, the Government prohibits
M
N
commercial relations with the country of the Bidder, its associates,
R
subcontractors or their respective personnel;
VE

(b) by an act of compliance with a decision of the United Nations Security

O

Council taken under Chapter VII of the Charter of the United Nations,
G

the Government prohibits any import of goods from the country of the
TY

Bidder, its associates or their respective personnel or any payments to

N

persons or entities in such country.

U
O
IC

4.8 This bidding procedure is open to all interested Eligible Bidders.

H

5. Eligible 5.1 The materials, equipment and services to be supplied under the Contract may
IT

Materials, have their origin in any country subject to the same restrictions specified
N

Equipment, for Bidders and their associates and personnel set forth in ITB 4. At the
A

Employer’s request, Bidders will be required to provide evidence of the

AK

and Services
origin of materials, equipment, and services.
AR

5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials
TH

and equipment are mined, grown, cultivated, produced, manufactured, or

processed, and from which the services are provided. Materials and
equipment are produced when, through manufacturing, processing, or
substantial or major assembling of components, a commercially recognized
article results that differs substantially in its basic characteristics, purposes
or utility from its underlying components.

5.3 The origin of materials, equipment, and services is distinct from the
nationality of the Bidder.

6|Page
Section I. Instructions to Bidders I-7

5.4 Country of origin for major items of plant, materials, goods, and services
provided under the Contract must be indicated in the Appendix to Bid
included in Section IV.

B. Contents of Bidding Documents

6. Sections of 6.1 These Bidding Documents consist of all the sections indicated below, and
Bidding should be read in conjunction with any addenda issued in accordance with
Documents ITB 8.
Part I —Bidding Procedures

LY
Section I. Instructions to Bidders (ITB)

N
O
Section II. Bid Data Sheet (BDS)

W
Section III. Evaluation and Qualification Criteria

IE
Section IV. Bidding Forms

-V
Part II – Conditions of Contract

T
EN
Section V. General Conditions of Contract (GCC)

M
Section VI. Conditions of Particular Application (COPA)
N
Section VII. Forms of Agreement and Security
R
VE

Part III -- Works Requirements

O

Section VIII. Employer’s Requirements

G

Part IV – Site Data (provided in accordance with clause 4.10 of the

TY

GCC)
N
U

Section IX. Bills of Quantities

O
IC

Section X. Concept Design report and Drawings

H

Section XI:-Supplementary Information- Any other reports with the

IT

Authority e.g. geo-technical reports and hydrological studies, to aid

N

Bidders in the preparation of their bids but such reports are not part of the
A
AK

Bidding Documents.
AR

6.2 The Invitation for Bids issued by the Employer is not part of the Bidding
TH

Documents.

6.3 The Employer may provide Bidders with a separate background information
document (“Supplementary Information Document”) if so indicated in the
BDS. The Supplementary Information Document, if provided, is not part
of these Bidding Documents.

6.4 The Employer is not responsible for the completeness of the Bidding
Documents and their addenda, if they were not obtained directly from the
Employer. No representation or warranty, express or implied, is made and
no responsibility of any kind is accepted by the Employer for the

7|Page
Section I. Instructions to Bidders I-8

completeness or accuracy of any information contained in the Bidding

Documents or provided during the bidding process or during the term of
the Contract.

6.5 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Documents. Each Bidder is solely responsible
for conducting its own due diligence and investigation in support of the
preparation of Bids, negotiation of agreements, and the subsequent delivery
of all services to be provided by the successful Bidder. Failure to furnish
all information or documentation required by the Bidding Documents may
result in the rejection of the Bid.

LY
7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Documents

N
Bidding shall contact the Employer in writing at the Employer’s address indicated

O
Documents, Site in the BDS or raise his or her inquiries during the pre- Bid meeting if

W
Visit, Pre-Bid provided for in accordance with ITB 7.4. The Employer will respond in

IE
Meeting writing to any request for clarification, provided that such request is

-V
received no later than the number of days indicated in the BDS prior to the
deadline for submission of Bids specified in BDS 22.1. The Employer shall

T
EN
forward copies of its response within the time specified in the BDS to all
Bidders who have acquired the Bidding Documents in accordance with ITB
M
6.4, including a description of the inquiry but without identifying its source.
N
R
Should the Employer deem it necessary to amend the Bidding Documents
VE

as a result of a request for clarification, it shall do so following the

O

procedure under ITB 8 and ITB 22.2.

G

7.2 A Site visit will be organized by the Employer if so specified in the BDS. If
TY

no Site visit is organized, the Bidder is advised to visit and examine the
N

Site of Works and its surroundings and obtain for itself on its own
U
O

responsibility all information that may be necessary for preparing the Bid
IC

and entering into a Contract for design and construction of the Works. The
costs of visiting the Site shall be at the Bidder’s own expense.
H
IT
N

7.3 If permission is required to gain access to the Site, the Bidder and any of its
A

personnel or agents will be granted permission by the Employer to enter

AK

upon the premises and lands for the purpose of such visit, but only upon
AR

the express condition that the Bidder, its personnel, and agents will release
and indemnify the Employer and its personnel and agents from and against
TH

all liability in respect thereof, and will be responsible for death or personal
injury, loss of or damage to property, and any other loss, damage, costs,
and expenses incurred as a result of the inspection.

7.4 The Bidder’s designated representative is invited to attend a pre-Bid meeting,

if provided for in the BDS. The purpose of the meeting will be to clarify
issues and to answer questions on any matter that may be raised at that
stage.

7.5 Minutes of any pre-Bid meeting, including the text of the questions
raised, without identifying the source, and the responses given, together

8|Page
Section I. Instructions to Bidders I-9

with any responses prepared after the meeting, will be transmitted promptly
to all Bidders who attended the pre-bid meeting site in accordance with ITB
7.6. Any modification to the Bidding Documents that may become
necessary as a result of the pre-Bid meeting will be made by the Employer
exclusively through the issuance of an addendum pursuant to ITB 8 and not
through the minutes of the pre-Bid meeting.

8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer
Bidding may amend the Bidding Documents by issuing addenda.
Documents
8.2 Any addendum issued shall become part of the Bidding Documents and shall
be communicated in writing to all who have obtained the Bidding

LY
Documents from the Employer.

N
O
8.3 To give prospective Bidders reasonable time in which to take an addendum

W
into account in preparing their Bids, the Employer may, at its discretion,

IE
extend the deadline for the submission of Bids, pursuant to ITB 22.2.

-V
T
EN
C. Preparation of Bids
M
N
R
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission
VE

of its Bid, and the Employer shall not be responsible or liable for those
O

costs, regardless of the conduct or outcome of the bidding process.

G
TY

10. Language of 10.1 The Bid, as well as all correspondence and documents relating to the Bid
N
U

Bid exchanged by the Bidder and the Employer, shall be written in English.
O

Supporting documents and printed literature that are part of the Bid may be
IC

in another language provided they are accompanied by an accurate

H

translation of the relevant passages in English, in which case, for purposes

IT

of interpretation of the Bid, the English version shall govern.

N
A

11. Documents 11.1 Bidders shall submit only one Proposal comprising of:-
AK

Comprising the Part 1: Responsiveness Submission

AR

Bid
(i) Appendix to Bid;
TH

(ii) written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 20.2;
(iii) documentary evidence in accordance with ITB 17 establishing the
Bidder’s qualifications to perform the Contract if its Bid is accepted;
(iv) in the case of a Bid submitted by a joint venture or other consortium, a
description indicating at least the parts of the design and construction of

9|Page
Section I. Instructions to Bidders I-10

the Works to be executed by the respective members of the joint venture

or consortium;
(v) in the case of a Bid submitted by a joint venture or other consortium shall
include a copy of the joint venture/consortium agreement entered into by
all members. Alternatively, a letter of intent or similar instrument to
execute a joint venture/consortium agreement in the event of a successful
Bid shall be signed by all members and submitted with the Bid, together
with a copy of the proposed joint venture/consortium agreement.; and
(vi) any other document required in the BDS.

LY
Part 2: Qualification Proposal

N
O
(i) Technical Offer (including Design Proposal), statement of work methods,

W
equipment, personnel, schedule and any other information as stipulated in

IE
the BDS and in Section IV, Bidding Forms in accordance with ITB 16;

-V
Part 3: Financial proposal

T
(i) Letter of Bid

EN
(ii) Priced Schedule of Prices and Bills of Quantities, in accordance with ITB
12 and 14;
M
N
R
Part 4: Bid Security:
VE

(i) Bid Security, in accordance with ITB 19;

O
G
TY

12. Letter of Bid 12.1 The Letter of Bid and Schedules shall be prepared using the relevant forms
N
U

and Schedules furnished in Section IV, Bidding Forms. The forms must be completed
O

without any alterations to the text, and no substitutes shall be accepted,

IC

except as provided under ITB 20.2. All blank spaces shall be filled in with
H

the information requested.

IT
N

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative Bids shall not be
A

considered.
AK
AR

13.2 When alternative times for completion are explicitly invited, a statement to
that effect will be included in the BDS, as will the method of evaluating
TH

different times for completion.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical
alternatives to the requirements of the Bidding Documents must first price
the Employer’s design if provided as described in the Bidding Documents
and shall further provide all information necessary for a complete
evaluation of the alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices, proposed
construction methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming to the

10 | P a g e
Section I. Instructions to Bidders I-11

basic technical requirements shall be considered by the Employer.

13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the design and construction of the
Works, and such parts will be identified in the BDS, as will the method for
their evaluation, and will be described in Section IX, Employer’s
Requirements and Section X, Drawings of Part III, Works Requirements.

14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in
Discounts the Schedule of Prices and Bill of Quantities shall conform to the
requirements specified below.

LY
14.2 The Bidder shall design and price for all items of the design and construction

N
O
of the Works described in the Bid Document. The Bidder shall propose a

W
lump sum fixed price for all design and construction services. The Bidder

IE
shall fill in rates and prices for all the design services and construction of

-V
the Works in a Schedule of Prices and Bill of Quantities. Rates quoted in
the priced Bill of Quantities may be used when preparing for the calculation

T
of Interim Payments.

EN
M
N
R
VE

14.3 The price to be quoted in the Letter of Bid, in accordance with ITB 12.1,
O

shall be the total price of the Bid, excluding any discounts offered.
G

Required details of the prices to be presented by the Bidders are provided

TY

in the BDS. This price, subject to any adjustments pursuant to the

N

Conditions of Contract (the sections making up Part II of these Bidding

U

Documents), will be the Contract Price.

O
IC

14.4 The Bidder shall quote any unconditional discounts and the methodology
H

for their application in the Letter of Bid, in accordance with ITB 12.1.
IT
N

14.5 The Contract prices quoted by the Bidder are not subject to adjustment
A

during the initial period specified in the BDS. Beyond that initial period,
AK

adjustments may be allowed if so specified in the BDS. In such a case, the

AR

Bidder shall furnish the indices and weightings for the price adjustment
formulae in the “Schedule of Adjustment Data” as given in the Appendix
TH

to Bid in Section IV, Bidding Forms, and the Employer may require the
Bidder to justify its proposed indices and weightings during negotiations.

14.6 If so indicated in the BDS, Bids are being invited for individual lots or for
any combination of lots (packages). Bidders wishing to offer any price
reduction for the award of more than one lot shall specify in their Bid the
price reductions applicable to each package, or alternatively, to individual
lots within the package. Price reductions or discounts shall be submitted in
accordance with ITB 14.4, provided the Bids for all lots are submitted

11 | P a g e
Section I. Instructions to Bidders I-12

and opened at the same time.

14.7 Sub-Clause 1.13 and 14.1 of the GCC (Section VI) sets forth the tax
provisions of the Contract. Bidders should review these clauses carefully
when preparing their Bid.

15. Currencies of 15.1 The currency(ies), or combinations thereof, of the Bid and of the payments
Bid and shall be as specified in the BDS. For avoidance of doubt, all payments
Payment shall be made in Kenya Shillings (Kshs).

16. Documents 16.1 In accordance with Section III, Evaluation and Qualification Criteria, to
Comprising the demonstrate the adequacy of the Bidder’s proposal to meet the design and

LY
Technical construction requirements of the Employer’s Requirements (Section IX)
Offer and the completion time.

N
O
17. Documents 17.1 In accordance with Section III, Evaluation and Qualification Criteria, to

W
Establishing establish that the Bidder meets the qualification criteria set out in the Bid

IE
the Document.

-V
Qualifications

T
of the Bidder

EN
18. Period of 18.1 Bids shall remain valid for the period specified in the BDS after the Bid

M
Validity of Bids submission deadline date specified in the tender notice. A Bid valid for a
N
shorter period shall be rejected by the Employer as non-responsive.
R
VE

18.2 In exceptional circumstances, prior to the expiration of the Bid validity

O

period, the Employer may request Bidders to extend the period of validity
G

of their Bids. The request and the Bidder’s responses shall be made in
TY

writing. The Bid Security shall also be extended for twenty-eight (28) days
N

beyond the deadline of the extended Bid validity period. A Bidder may
U

refuse the request without forfeiting its Bid Security. A Bidder granting the
O

request shall not be required or permitted to modify its Bid, except if the
IC

award is delayed by a period exceeding ninety (90) days beyond the expiry
H

of the initial Bid validity; in which case, the Contract price shall be the Bid
IT

price adjusted by the factor specified in the BDS.

N
A
AK

19. Bid Security 19.1 The Bidder shall furnish as part of its Bid, a bid security in original form
and in the amount and currency specified in the BDS (the “Bid Security”).
AR

If a Bidder is submitting alternative Bids, only one Bid Security is required

TH

for both base and alternative Bids.

19.2The Bid Security shall be a demand guarantee in the form of an unconditional

and irrevocable bank guarantee from a reputable source from an eligible
country (determined in accordance with ITB 4). If the unconditional bank
guarantee is issued by a bank located outside the Employer’s country, the
issuer shall have a correspondent financial institution located in the
Employer’s country, satisfactory to the Employer, to make it enforceable.
In the case of a bank guarantee, the Bid Security
shall be submitted either using the Bid Security Form included in Section
IV, Bidding Forms, or in another substantially similar format approved by

12 | P a g e
Section I. Instructions to Bidders I-13

the Employer prior to Bid submission. In either case, the form must include
the complete name of the Bidder. The Bid Security shall be valid for twenty-
eight (28) days beyond the original validity period of the Bid, or beyond any
period of extension if requested under ITB 18.2.
Bank Guarantee issued by the following Banks only would be accepted:
(i) Central Bank of Kenya (CBK) and its subsidiaries
(ii) Any Kenyan Nationalized Bank
(iii) Any scheduled Commercial Bank Licensed by CBK.

LY
N
19.3Any Bid not accompanied by an enforceable and compliant Bid Security

O
shall be rejected by the Employer as non-responsive.

W
IE
19.4 The Bid Security of the unsuccessful bidders will be returned within the

-V
period specified in the BDS from the date of notification of award to the
Successful Bidder. Provided however, that the bid security of the second

T
lowest Bidder as determined on the opening of the Financial Proposal shall

EN
be returned by the Authority on the expiry of the Bid Validity Period or the

M
execution of the Contract Agreement, whichever is earlier. In addition to the
N
above, the Employer will promptly release all Bid Securities in the event the
R
VE

Employer decides to terminate the bidding proceedings or abandon the

Project.
O
G

19.5 Unopened Financial Proposals of the bidders who do not meet the
TY

qualification criteria as well as similar proposals and bid securities for

N

bidders rejected at the first stage of evaluation will be returned within a

U

period specified in the BDS from the date of notification of award to the
O
IC

Successful Bidder.
H

19.6 The Bid Security of the successful Bidder shall be returned as promptly as
IT

possible once the successful Bidder has signed the Contract and furnished
N

the required Performance Security.

A
AK

19.7 The Bid Security may be forfeited:

AR

(a) if a Bidder withdraws its Bid during the period of Bid validity
TH

specified by the Bidder in the Letter of Bid, except as provided in

ITB 18.2;
(b) if the Bidder does not accept the correction of its Bid Price pursuant
to ITB Sub-Clause 31.2; or
(c) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 40.2; or
(ii) furnish a Performance Security in accordance with Sub-

13 | P a g e
Section I. Instructions to Bidders I-14

Clause 4.2 of the Contract as described in ITB 41.

19.8The Bid Security of a joint venture or other consortium shall be in the name
of the entity that submits the Bid. If the joint venture or other consortium has
not been legally constituted at the time of bidding, the Bid Security shall be
in the names of all future members as named in the letter of intent referred
to in ITB 4.1.

20. Format and 20.1 The Bidder shall prepare one original set of the documents comprising the
Signing of Bid Bid as described in ITB 11 and clearly mark it ORIGINAL. Alternative Bids,
if permitted in accordance with ITB 13, shall be clearly marked
ALTERNATIVE. In addition, the Bidder shall submit copies of the Bid, in

LY
the language(s) and numbers specified in the BDS, and clearly mark each

N
one COPY. In the event of any discrepancy between the original and the

O
copies, the original shall prevail.

W
IE
20.2 The original and all copies of the Bid shall be typed or written in indelible ink

-V
and shall be signed by a person duly authorized to sign on behalf of the Bidder.
This authorization shall consist of a written confirmation as specified in the

T
BDS and shall be attached to the Bid. The name and position held by each

EN
person signing the authorization must be typed or printed below the signature.

M
All pages of the Bid where entries or amendments have been made shall be
N
signed or initialled by the person signing the Bid.
R
VE
O

20.3 Any inter-lineation, erasures, or overwriting shall be valid only if they are
G

signed or initialled by the person signing the Bid.

TY
N
U
O

D. Submission and Opening of Bids

IC
H

The Tenderer shall seal the original and each copy of the tender in separate envelopes,
IT

duly marking the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then be
N

sealed in an outer envelope

A

The inner and outer envelopes shall: a) be addressed to the following address:
AK
AR

The County Secretary, Tharaka Nithi County Government

TH

P.O Box 10, 60406 Kathwana

So as to be received on or before the date as per the Tender Notice
Bear, tender number and name in the Invitation for Tenders and the words, “DO
NOT OPEN BEFORE,” (as per Tender Notice)

The inner envelopes shall also indicate the name and address of the tenderer to enable the
tender to be returned unopened in case it is declared “late
The Procuring entity will open all tenders in the presence of tenderers’ representatives
who choose to attend(date as per the tender notice) and in the location specified in the
Invitation to Tender

14 | P a g e
Section I. Instructions to Bidders I-15

21.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.

22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than
Submission of the date and time indicated in the tender notice.
Bids
22.2 The Employer may, at its discretion, extend the deadline for the submission
of Bids by amending the Bidding Documents in accordance with ITB 8, in
which case all rights and obligations of the Employer and Bidders
previously subject to the original deadline shall thereafter be subject to the
deadline as extended.

LY
N
23. Late Bids 23.1 The Employer will not consider any Bid that arrives after the deadline for

O
submission of Bids, in accordance with ITB 22. Any Bid received by the

W
Employer after the deadline for submission of Bids shall be declared late,

IE
rejected, and returned unopened to the Bidder.

-V
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted

T
EN
Substitution, but before the deadline for submission by sending a written notice, duly signed
and by an authorized representative, and shall include a copy of the authorization

M
Modification of in accordance with ITB 20.2. The corresponding substitution or modification
N
R
Bids of the Bid must accompany the respective written notice. All notices,
VE

substitutions and modifications must be:

O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

15 | P a g e
Section I. Instructions to Bidders I-16

(a) prepared and submitted in accordance with ITB 20 and ITB 21 (except
that withdrawal notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” or “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of Bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be

returned unopened to the Bidder.

24.3 No Bid may be withdrawn, substituted, or modified in the interval between

the deadline for submission of Bids and the expiration of the period of Bid

LY
validity specified by the Bidder in the Letter of Bid or any extension

N
thereof.

O
W
25. Bid Opening 25.1 The Employer shall open the Bids in public, in the presence of Bidders’

IE
designated representatives who choose to attend, and at the address, date

-V
and time specified in the tender notice.

T
EN
25.2. The Procuring entity will open all tenders in the presence of tenderers’
representatives who choose to attend, on the date, time and in the location

M
specified in the Invitation to Tender
N
The tenderers’ representatives who are present shall sign a register evidencing their
R
VE

attendance.
O

The tenderers’ names, tender modifications or withdrawals, tender prices, discounts and
G

the presence or absence of requisite tender security and such other details as the
TY

Procuring entity, at its discretion, may consider appropriate, will be announced at

N

the opening.
U
O
IC

The Procuring entity will prepare minutes of the tender opening.

H
IT

25.3 All other envelopes shall be opened one at a time, and the official shall read
N

aloud: the name of the Bidder and whether there is a modification; the Bid
A

price(s), including any discounts and alternative offers; the presence of a

AK

Bid Security; and any other details as the Employer may consider
AR

appropriate. Only discounts and alternative offers read out at Bid opening
shall be considered for evaluation. No Bid shall be rejected at Bid opening
TH

except for late Bids, in accordance with ITB 23.1.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the evaluation of Bids and recommendations of
; Undue Contract award shall not be disclosed to Bidders or any other persons not
Influence officially concerned with such process until information on Contract award
is announced pursuant to PPOA. The undue use by any Bidder of
confidential information related to the process may result in the

17 | P a g e
Section I. Instructions to Bidders I-17

rejection of its Bid.

26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the
Bids or Contract award decisions may result in the rejection of its Bid and
may subject the Bidder to the provisions of the Government’s and the
Employer’s anti-fraud and corruption policies.

26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any matter
related to the bidding process, it may do so in writing at the address
specified in the BDS.

LY
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the Bids, and
Bids qualification of the Bidders, the Employer may, at its discretion, ask any

N
O
Bidder for a clarification of its Bid. Any clarification submitted by a Bidder

W
that is not in response to a request by the Employer shall not be considered.
The Employer’s request for clarification and the response shall be in

IE
-V
writing. No change in the prices or substance of the Bid shall be sought,
offered, or permitted, except to confirm the correction of arithmetic errors

T
discovered by the Employer in the evaluation of the Bids, in accordance

EN
with ITB 31.

M
N
27.2 If a Bidder does not provide clarifications of its Bid by the date and time
R
set in the Employer’s request for clarification, its Bid may be rejected.
VE
O

28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
G

Reservations, (a) “deviation” is a departure from the requirements specified in the

TY

and Omissions Bidding Documents;

N
U

(b) “reservation” is the setting of limiting conditions or withholding from

O

complete acceptance of the requirements specified in the Bidding

IC

Documents; and
H

(c) “Omission” is the failure to submit part or all of the information or

IT
N

documentation required in the Bidding Documents.

A
AK

29. Determination 29.1 The Employer’s determination of a Bid’s responsiveness is to be based on

of the contents of the Bid itself, as defined in PPDA
AR

Responsiveness
TH

29.2 A substantially responsive Bid is one that meets the requirements of the
Bidding Documents without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that,
(a) if accepted, would
(i) Affect in any substantial way the scope, quality, or performance
of the design and construction of the Works specified in the
Contract; or
(ii) Limit in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under

18 | P a g e
Section I. Instructions to Bidders I-18

the Contract; or
(b) If rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive Bids.

29.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 16, in particular, to confirm that all requirements of
Section IV, Bidding Forms, Section VIII, Schedules of Prices and Bill of
Quantities, Section IX, Employer’s Requirements, and Section X,
Drawings, and have been met without any material deviation, reservation,
or omission.

29.4 If a Bid is not substantially responsive to the requirements of the Bidding

LY
Documents, it shall be rejected by the Employer and may not subsequently

N
be made responsive by correction of the material deviation, reservation, or

O
omission.

W
IE
30. Nonmaterial 30.1 Provided that a Bid is substantially responsive, the Employer may waive any

-V
Nonconformiti nonconformities in the Bid that do not constitute a material deviation,

T
es reservation or omission.

EN
30.2 Provided that a Bid is substantially responsive, the Employer may request
M
that the Bidder submit the necessary information or documentation, within
N
R
a reasonable period of time, to rectify nonmaterial nonconformities in the
VE

Bid related to documentation requirements. Requesting information or

O

documentation on such nonconformities shall not be related to any aspect

G

of the price of the Bid. Failure of the Bidder to comply with the request
TY

may result in the rejection of its Bid.

N

30.3 Provided that a Bid is substantially responsive, the Employer shall rectify
U
O

quantifiable nonmaterial nonconformities related to the Bid price. To this

IC

effect, the Bid price shall be adjusted, for comparison purposes only, to
H

reflect the price of a missing or non-conforming item or component. The

IT

adjustment shall be made using the method indicated in Section III,

N

Evaluation and Qualification Criteria.

A
AK

31. Correction of 31.1 Provided that the Bid is substantially responsive, the Employer shall
AR

Arithmetical correct arithmetical errors on the following basis:

Errors
TH

(a) if there is a discrepancy between the lump sum price for a line item and
the total lump sum price that is obtained by adding the lump sum prices
for all line items, the line item lump sum price shall prevail and the
total lump sum price shall be corrected, unless in the opinion of the
Employer there is an obvious misstatement of the lump sum price for
a line item, in which case the total lump sum price as quoted in the
priced Schedule of Prices shall govern and the lump sum price for the
line item shall be corrected;
(b) if there is a discrepancy between the lump sum price for a line item
and the total lump sum price that is obtained by adding the lump sum

19 | P a g e
Section I. Instructions to Bidders I-19

prices for all line items, the line item lump sum price shall prevail and
the total lump sum price shall be corrected, unless in the opinion of the
Employer there is an obvious misstatement of the lump sum price for
a line item, in which case the total lump sum price as quoted in the
priced Bills of Quantities shall govern and the lump sum price for the
line item shall be corrected
(c ) if there is an error in a total corresponding to the addition or subtraction
of subtotals, the subtotals shall prevail and the total shall be corrected;
and
(d) if there is a discrepancy between words and figures, the amount in

LY
words shall prevail, unless the amount expressed in words is related to
an arithmetic error, in which case the amount in figures shall prevail

N
O
subject to (a) to (c) above.

W
31.2 If the Bidder that submitted the lowest-evaluated Bid does not accept the

IE
correction of errors, its Bid shall be rejected and the Bid Security may be

-V
forfeited in accordance with ITB Sub-Clause 19.6.

T
EN
32. Conversion to 32.1 For evaluation and comparison purposes, the currency (ies) of the Bid
Single Currency shall be provided in a single currency as specified in the BDS.
M
N
R
33. Margin of 33.1 A margin of preference for domestic Bidders shall apply in accordance
VE

Preference with the Public Procurement Regulatory Authority (PPRA 2015)

O
G

34. Evaluation 34.1 The Employer shall use the criteria and methodologies listed in Section
TY

of Bids III, Evaluation and Qualification Criteria.

N

34.2 The estimated effect of the price adjustment provisions of the Contract,
U
O

applied over the period of execution of the Contract, shall not be taken into
IC

account in Bid evaluation.

H
IT

34.3 The following apply:

N

i). The evaluation of the Bids will be carried out in three stages. The first
A
AK

stage will involve a test for responsiveness based on Responsiveness

Submissions (Part 1) and Bid Security (Part 4). Those proposals found
AR

to be responsive will be evaluated i.e. Qualification Stage. In the

TH

Qualification Stage the Qualification Proposal (Part 2) comprising

information of the parties on their Design Proposal, work
methodologies etc. will be evaluated. Based on evaluation at this
stage, only those Proposals that meet the threshold technical and
financial capabilities as set out in this Bid Document will be qualified
and their Financial Proposal (Part 3) will be opened and evaluated.

ii). All Bidders are required to submit their Bids in accordance with the
guidelines set forth in this Bid Document. In order to promote

20 | P a g e
Section I. Instructions to Bidders I-20

consistency among Bids and minimize potential misunderstandings

regarding how Bids will be interpreted by The Employer, the format
in which Bidders will specify the fundamental aspects of their
Proposals has been broadly outlined in this Bid Document.

iii). The responsive Bids found to possess minimum threshold technical and
financial capabilities will undergo a financial evaluation. On the basis
of this evaluation process, the Employer will issue a Letter of Award
to the Successful Bidder.

34.4 If the Bid, which results in the lowest evaluated Bid price, is seriously

LY
unbalanced or front loaded in the opinion of the Employer, the Employer

N
may require the Bidder to produce detailed price analyses for any or all

O
items of the Schedule of Prices and Bill of Quantities to demonstrate the

W
internal consistency of those prices with the construction methods and

IE
schedule proposed. After evaluation of the price analyses, taking into

-V
consideration the schedule of estimated Contract payments, the Employer

T
may require that the amount of the Performance Security be increased at

EN
the expense of the Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under
M
the Contract. N
R
VE

34.5 At any time during the evaluation process, the Employer reserves the right
O

to conduct a verification of market-reasonableness of the rates and prices

G

offered, and a negative determination (either unreasonably high or

TY

unreasonably low) may be a reason for rejection of the Bid at the discretion
of the Employer. The Bidder shall not be permitted to revise its Bid after
N
U

such determination.
O
IC

35. Comparison 35.1 The Employer shall compare all substantially responsive Bids to determine
H

of Bids the lowest evaluated Bid, in accordance with the Evaluation Criteria listed
IT

in Section III, Evaluation and Qualification Criteria.

N
A

36. Qualification 36.1 The Employer shall determine to its satisfaction whether the Bidders meet
AK

of the Bidder the qualifying criteria specified in Section III, Evaluation and Qualification
AR

Criteria.
TH

36.2 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant
to ITB 17.1.

36.3 An affirmative determination shall be a prerequisite for award of the

Contract to the Bidder. A negative determination shall result in
disqualification of the Bid.

37. Employer’s 37.1 Subject to Public Procurement Regulatory Authority’s Guidelines and
Right to Accept notwithstanding ITB 38.1, the Employer reserves the right to accept or
Any Bid, and reject any Bid, and to annul the bidding process and reject all Bids at any

21 | P a g e
Section I. Instructions to Bidders I-21

to Reject Any time prior to Contract award, without thereby incurring any liability to
or All Bids Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for the Employer’s actions. In case of annulment, all Bids
submitted and specifically, Bid securities, shall be promptly returned to the
Bidders.

F. Award of Contract
38. Award Criteria 38.1 Subject to ITB 37.1, the Employer shall award the Contract to the Bidder
determined to be qualified to perform the Contract satisfactorily and whose
offer is substantially and technically responsive to the Bidding Documents

LY
and whose Bid has been determined to be the lowest evaluated Bid.

N
O
39. Notification of 39.1 Prior to the expiration of the period of Bid validity, the Employer shall notify

W
Award the successful Bidder, in writing, that its Bid has been accepted. At the

IE
same time, the Employer shall also notify all other Bidders of the results of

-V
the bidding.

T
EN
M
39.2 Until a formal Contract is prepared and executed, the Letter of
N
Acceptance shall constitute a binding Contract.
R
VE

39.3 The Employer shall promptly respond in writing to any unsuccessful Bidder
O

who, after notification of award in accordance with ITB 39.1, requests in

G

writing the grounds on which its Bid was not selected.

TY

39.4 Any Bidder has the right to complaint and appeal, but must do so in the
N
U

manner and format as set down in the Bid challenge system specified in the
O

BDS.
IC

40. Signing of 40.1 Promptly after notification, and after providing for the time period for
H
IT

Contract receipt of Bid Challenges, the Contract shall be signed by the parties i.e the
N

Employer and the successful bidder.

A
AK

41. Performance 41.1 Subject to ITB 34.4 & 39.1, the successful Bidder shall furnish the
AR

Security Performance Security within 28 days of the notification of award and

pursuant to Sub-Clause 4.2 of the Contract, using for that purpose the
TH

Performance Security Form included in Section VII, Forms of Agreement

and Security, or another form acceptable to the Employer. A foreign
institution providing a Performance Security shall have a correspondent
financial institution located in the Employer’s country, satisfactory to the
Employer.

41.2 Failure of the successful Bidder to submit the above-mentioned Performance

Security or to sign the Contract within sixty (60) days of the notification of
award shall constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security. In that event the

22 | P a g e
Section I. Instructions to Bidders I-22

Employer may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by the Employer
to be qualified to perform the Contract satisfactorily.

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

23 | P a g e
Section III. Evaluation and Qualification Criteria III-24

Section II: Bid Data Sheet

LY
(BDS)

N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

xxiv | P a g e
Section III. Evaluation and Qualification Criteria III-25

SECTION II: BID DATA SHEET

A. General… ............................................................................................................................ 1
B. Contents of Bidding Documents…....................................................................................1

LY
C. Preparation of Bids ............................................................................................................ 2

N
D. Submission and Opening of Bids… .................................................................................. 3

O
W
E. Evaluation and Comparison of Bids… ............................................................................. 4

IE
F. Award of Contract… .......................................................................................................... 4

-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

25 | P a g e
Section III. Evaluation and Qualification Criteria III-26

Bid Data Sheet

A. GENERAL
ITB The name of the Employer is: THARAKA NITHI COUNTY
1.1

The identification number is: TENDER No. TNCG/34/2018/2019

The name of the Contract is:

LY
UPGRADING OF TUNYAI NTHAARA ROAD TO BITUMEN STANDARDS
(DESIGN BUILD)

N
O
W
ITB The County Government of Tharaka Nithi, has set aside funds for the above project under

IE
2.1 the development budget.

-V
ITB As of the date of these Bidding Documents, the countries that are subject to sanction or

T
EN
4.6 restriction by the appropriate law. NONE

M
N
B. CONTENTS OF BIDDING DOCUMENTS
R
VE

TB A complete Set of Tender documents can be obtained from the address below, upon payment
O

6.1 of a non-refundable fee of Ksh 1,000.00 during office hours (weekdays from 0800hr to 1700hr
G

EAT, excluding public holidays), or free of charge from www.tharakanithi.go.ke

TY
N
U

ITB For purposes of clarifications, the Employer’s address is:

O

7.1
IC

Director Supply Chain Management

H
IT
N
A
AK
AR
TH

26 | P a g e
Section III. Evaluation and Qualification Criteria III-27

Tharaka Nithi County Government

P.O Box 10, 60406
Kathwana

The minimum number of days prior to the deadline for submission of Bids to receive any
request for clarification is 14 days.

The minimum number of days prior to the deadline for submission of Bids that the
Employer will respond is 7 days.

LY
N
O
ITB A Site visit shall be organized.

W
7.2

IE
The Site visit shall take place at the date, time and place indicated in the tender notice.

-V
T
ITB A pre-bid meeting shall not be held.

EN
7.4
M
N
R
C. Preparation of Bids
VE

ITB Bids shall be submitted in the following languages: “English”.

O
G

10.1
TY

ITB The Bidder shall submit with its Bid the following additional documents:
N

11.1 “NA”
U
O

(i)
IC

ITB Alternative Bids are not permitted.

H

13.1
IT
N

ITB Alternative times for completion are not permitted.

A
AK

13.2
AR

ITB Alternative technical solutions shall be permitted.

TH

13.4
1
ITB The price quoted by the Bidder shall include the following details:
14.3 1. Schedule of Price for Design Services
2. Priced Bills of quantities for construction Works
3. Aggregated lumpsum price for deisn and construction of the roads per
kilometre
ITB The prices quoted by the Bidder shall not be subject to adjustment.

1 Add reference to the Schedule of Prices and Bill of Quantities as may be appropriate.

27 | P a g e
Section III. Evaluation and Qualification Criteria III-28

14.5
ITB Bids are not being invited for lots.
14.6
ITB The currency(ies) of the Bid shall be in Kenya Shillings (Ksh)
15.1

ITB Other documents comprising the Technical Offer shall include the following:
16.1 [NONE]
ITB The Bid validity period shall be: 120 days following the Bid submission deadline.

LY
18.1

N
O
ITB The adjustment factor is: 1.01

W
18.2

IE
ITB The form, amount and currency of the Bid Security shall be 2% of the bid amount.

-V
19.1

T
ITB In addition to the original of the Bid, the number of required copies is 1 in English.

EN
20.1
M
N
D. SUBMISSION AND OPENING OF BIDS
R
VE

ITB For Bid submission purposes only, the submission address is :

O

22.1
G
TY

The county Secretary

Tharaka Nithi County Government
N
U

P.O Box 10, 60406

O
IC

Kathwana
H

ITB The Bid opening shall take place at the location below at the date and time indicated on
IT
N

25.1 the tender notice

A

Tharaka Nithi county Headquarters Procurement Office Kathwana

AK
AR

E. EVALUATION AND COMPARISON OF BIDS

TH

28 | P a g e
Section III. Evaluation and Qualification Criteria III-29

ITB The currency that shall be used for Bid evaluation and comparison is: Kenya Shillings
32.1 (Ksh)

F. AWARD OF CONTRACT
ITB The Bid Challenge Procedure shall be within the Public Procurement and Asset Disposal
39.4 Act (2015)

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

29 | P a g e
Section III. Evaluation and Qualification Criteria III-30

Section III

Evaluation and Qualification Criteria

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

30 | P a g e
Section III. Evaluation and Qualification Criteria III-31

SECTION III: EVALUATION AND QUALIFICATION CRITERIA

TABLE OF CONTENTS

A. ELIGIBILITY AND QUALIFICATIONS ................................................................................................... 1

1. Information to Bidders ............................................................................................................ 1

2. Eligibility .................................................................................................................................. 1

3. Historical Contract Non- Performance ................................................................................... 1

LY
N
4. Financial Situation ................................................................................................................... 1

O
W
5. Experience .................................................................................................................................. 1

IE
-V
6. Personal ......................................................................................................................................1

T
7. Equipment ................................................................................................................................. 1

EN
M
B. EVALUATION OF TECHNICAL OFFER.................................................................................................. 2
N
R
1. Technical Offer ......................................................................................................................... 2
VE
O

2. Alternative Completion Times ................................................................................................. 3

G
TY

3. Technical Alternatives ............................................................................................................. 3

N

4. Multiple Lots… .......................................................................................................................... 3

U
O
IC

C. EVALUATION OF PRICE PROPOSAL ..................................................................................................... 4

H

D. QUALIFICATION… ..................................................................................................................................... 5
IT
N

5 .Key Personnel.......................................................................................................................... 11
A
AK

5(a) Design/ Supervision Team .................................................................................................. 11

AR

5(b) Construction Team ............................................................................................................ 12

TH

6 Equipment Capabilities ...........................................................................................................13

31 | P a g e
Section III. Evaluation and Qualification Criteria III-32

Evaluation and Qualification Criteria

This Section contains criteria that the Employer will use to assess Bidders, evaluate Technical
Offers, and financial Bids. To demonstrate its qualifications and develop its Technical Offer,
each Bidder shall provide all the information requested in the forms provided in Section IV,
Bidding Forms.

A. ELIGIBILITY AND QUALIFICATIONS

LY
1. Information on Bidders

N
O
The Employer shall first establish that the Bidders meet the eligibility and qualification criteria

W
in accordance with the eligibility and qualifications factors set out in part D of this Section III

IE
relating to:-

-V
2. Eligibility

T
EN
3. Historical Contract Non-Performance

M
N
4. Financial Situation
R
VE

5. Experience -- general, similar and specific -- as it relates to both design and construction
O

of similar projects.
G
TY

6. Personnel
N
U
O

The Bidder must demonstrate that it has the personnel for the key positions that meet the
IC

requirements:
H
IT

The Bidder shall provide details of the proposed key personnel and their experience records
N

in the relevant Forms included in Section IV, Bidding Forms.

A
AK

7. Equipment
AR

The Bidder must demonstrate that it has or can get access to the key equipment listed:
TH

The Bidder shall provide further details of proposed items of equipment using the relevant
Forms in Section IV, Bidding Forms.

Submittals of Bidders found by the Employer not to continue to meet the eligibility
requirements and the financial and technical capabilities qualifications criteria shall not be
considered further.

32 | P a g e
Section III. Evaluation and Qualification Criteria III-33

B. EVALUATION OF TECHNICAL OFFER

1. Technical Offer
The Technical Offer shall be comprised of the Design Proposal for the Works and other forms
as called for in Section IV, Bidding Forms. The Employer, with the assistance of the Bid
Evaluation Committee, shall then consider the Technical Offers of the Bidders who have been
found qualified.

In so doing, they will examine and analyze the technical aspects of each Bid on the basis of the
information supplied by Bidders, taking into account the completeness, consistency and level
of detail provided. Consideration shall be given to the following:

LY
N
S/No. Requirement Points (%)

O
1. Adequacy of Design Proposal with Employer’s Requirements, as it 15

W
relates to the Works, in accordance with ITB 16, using Form TOF 1.1

IE
-V
2. Adequacy of proposal on Construction Works Requirements, as it 15

T
relates to the whole of the Works, in accordance with ITB 16, using

EN
Form TOF 1.2.

M
3. Adequacy of proposal on Program and schedule, as it relates to
N 10
the whole of the Works, using Form TOF 1.3.
R
VE

4. Adequacy of proposal on cash flow projections as it relates to the 10

whole of the Works, as submitted by the Bidder, using Form TOF 1.4.
O
G

5. Adequacy of proposal on Construction equipment as it relates to 10

TY

the whole of the Works, as submitted by the Bidder, using Form TOF
N

1.5
U
O

6. Adequacy of proposal on Project Management Structure as it 10

IC

relates to the whole of the Works, as submitted by the Bidder, using

Form TOF 1.6(a) and 1.6 (b).
H
IT

7. Adequacy of proposal on Environmental & Social Impact 10

N

requirements, as submitted by the Bidder, , using Form TOF 1.7

A

8. Adequacy of proposal on Health & Safety Plan (Must meet the 10

AK

Occupation, Safety and Health Act, (OSHA), 2007, as submitted

AR

by the Bidder, using Form TOF 1.8.

9. The Quality Assurance System proposal (must demonstrate 10
TH

compliance with the Contract requirements), as submitted by the

Bidder, using Form TOF 1.9.
Total 100

Each responsive proposal will be given a technical score (St). A proposal shall be rejected at
this stage if it does not respond to important aspects of the Terms of Reference or if it fails to
achieve the minimum technical score 80%.

Only those Financial Offers from bidders achieving the minimum technical score shall be
evaluated.

33 | P a g e
Section III. Evaluation and Qualification Criteria III-34

2. Alternative Completion Times

N/A

3. Technical Alternatives

N/A

4. Multiple Lots

LY
N/A

N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

34 | P a g e
Section III. Evaluation and Qualification Criteria III-35

C. EVALUATION OF PRICE PROPOSAL

The Bid Evaluation Committee shall first determine whether the financial submissions are
complete and compliant with the Instructions to Bidders. Then, they shall examine the
following:

1. The Bid Price, excluding Provisional Sums and the provision, if any, for
contingencies in the Summary Schedule of Prices and Bill of Quantities, but
including Daywork items, where priced competitively.

LY
N
2. Price adjustment for correction of arithmetic errors in accordance with ITB 31.1.

O
W
3. Price adjustment due to discounts offered in accordance with ITB 14.4, if any.

IE
-V
4. Adjustment for nonconformities in accordance with ITB 30.3.

T
EN
As provided in the Schedule of Prices and Bill of Quantities, Bidders shall submit a lump sum

M
fixed price for the Works, including design, and construction. Subject to any adjustments
N
pursuant to the Instructions to Bidders and Conditions of Contract, the lump sum fixed price
R
shall be the Accepted Contract Amount of the successful Bidder.
VE
O

The Bid Evaluation Committee shall recommend award of the Contract to the Bidder with the
G

lowest evaluated Bid that has been determined to be eligible, qualified, and substantially and
TY

technically responsive.
N
U
O
IC
H
IT
N
A
AK
AR
TH

35 | P a g e
 Section III. Evaluation and Qualification Criteria III-36

D. QUALIFICATION
Eligibility and Qualification Criteria Compliance Requirements Documentation
Submission

LY
Requirement Single Entity Joint Venture
Requirements
No. Subject

N
All Parties
Each Partner One Partner

O
Combined

W
1. Eligibility
Existing or

IE
Must meet Must meet Forms ELI – 1.1 and
1.1 Nationality Nationality in accordance with ITB Sub-Clause 4.2 intended JV must N/A

-V
requirement meet requirement requirement 1.2, with attachments
Existing or

T
Must meet Must meet Application
1.2 Conflict of Interest No conflicts of interest in ITB Sub-Clause 4.3 intended JV must N/A

EN
requirement meet requirement requirement Submission Form
Not having been declared ineligible by the Employer, as Must meet Existing JV must Must meet N/A Application

M
1.3 Eligibility
described in ITB Sub-Clause 4.6 requirement meet requirement requirement Submission Form

N
Government Owned Applicant required to meet conditions of ITA Sub- Must meet Must meet Must meet N/A Forms ELI – 1.1 and

R
1.4
Entity Clause 4.4 requirement requirement requirement 1.2, with attachments

VE
Pursuant to ITB Sub-Clause 4.5 the following shall be

O
provided;
Must meet Must meet Must meet N/A Forms ELI – 1.1 and
1.5 Tax Compliance

G
- Certified Copy of current Tax Compliance certificate
requirement requirement requirement 1.2, with attachments
from relevant tax Authority valid as of date of bid

TY
submission stated in the BDS.
Pursuant to ITB Sub-Clause 4.1 the following shall be

N
provided;

U
- Certified Copy of Certificate of incorporation to show
O
that the applicant is a registered company and legally
IC
Incorporation & Must meet Must meet Must meet Forms ELI – 1.1 and
1.6 authorized to do business in Kenya N/A
Registration requirement requirement requirement 1.2, with attachments
H
IT

- Proof of registration with the National Construction

Authority, minimum class NCA 4, and relevant
N

Engineers Board of Kenya registration(s).

A
AK
AR
TH

36 | P a g e
 Section III. Evaluation and Qualification Criteria III-37

Eligibility and Qualification Criteria Compliance Requirements Documentation

Submission
Requirement Single Entity Joint Venture
Requirements
No. Subject
All Parties
Each Partner One Partner

LY
Combined
2. Historical Contract Non-Performance

N
O
Non-performance of a Contract did not occur within the
last five years prior to the deadline for application

W
submission based on all information on fully settled Must meet Must meet
History of Non-

IE
disputes or litigation. A fully settled dispute or litigation requirement by itself requirement by itself
2.1 Performing N/A N/A Form CON-2(a)
is one that has been resolved in accordance with the or as partner to past or as partner to past or

-V
Contracts
Dispute Resolution Mechanism under the respective or existing JV existing JV
Contract and where all appeal instances available to the

T
applicant have been exhausted.

EN
Failure to Sign Not being under execution of a Bid Securing Must meet Must meet Must meet
2.2 N/A Form CON-2(a)

M
Contract Declaration pursuant to Sub-Clause 4.5 for five years requirement requirement requirement

N
All pending litigation shall in total not represent more Must meet Must meet
than ten percent (10%) of the Applicant’s net worth and Form CON – 2(b)

R
requirement by itself requirement by itself
2.3 Pending Litigation N/A N/A

VE
shall be treated as resolved against the Applicant or as a partner to or as a partner to past
past or existing JV or existing JV

O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

37 | P a g e
 Section III. Evaluation and Qualification Criteria III-38

Eligibility and Qualification Criteria Compliance Requirements Documentation

Submission
Requirement Single Entity Joint Venture
Requirements
No. Subject
All Parties
Each Partner One Partner

LY
Combined
3. Financial Situation

N
Submission of audited balance sheets or if not required

O
Financial by the law of the Applicant’s country, other financial Must meet Must meet Form FIN – 3.1(a)

W
3.1 N/A N/A
Performance statements acceptable to the Employer, for the last wo requirement requirement with attachments

IE
years to demonstrate:
(a) the current soundness of the applicant’s financial

-V
(a) Must meet (a) Must meet
position and its prospective long term profitability, and requirement (a) N/A requirement (a) N/A
(b) capacity to have a cash flow amount of (b) Must meet (b) Must meet Form FIN – 3.1(b)

T
(b) N/A (b) N/A

EN
Ksh. 100 million requirement requirement with attachments
Must meet ((100-
Minimum average annual construction turnover of Ksh. Must meet fifty

M
Average Annual 50)/(n-1))% of the
200 million calculated as total certified payments Must meet Must meet (50%) percent of Form FIN – 3.2

N
3.2 Construction requirement where
received for contracts in progress or completed, within requirement requirement the requirement

R
Turnover n= number of joint
the last five (2) years

VE
venture members

O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

38 | P a g e
 Section III. Evaluation and Qualification Criteria III-39

Eligibility and Qualification Criteria Compliance Requirements Documentation

Submission
Requirement Single Entity Joint Venture
Requirements
No. Subject
All Parties
Each Partner One Partner

LY
Combined

N
4. Experience

O
Experience under construction contracts in the role of
General
contractor, subcontractor, or management contractor for Must meet Must meet Form EXP – 4.1

W
4.1 Construction N/A N/A
at least the last Seven [5] years prior to the application requirement requirement

IE
Experience
submission deadline.

-V
Participation as contractor, management contractor or
subcontractor, in at least three (3) Contract within the last

T
five (5) years, each with a value of at least Ksh 100 Must meet

EN
million, that have been successfully and substantially require for one
4.2 Must meet Must meet
completed and that are similar in complexity to the N/A Contract (can be a Form EXP 4.2

M
(a) requirement requirement
proposed Works. The similarity shall be based on the specialist

N
physical size, complexity, methods/technology or other subcontractor

R
Specific
characteristics as described in Section VI, Scope of

VE
Construction Works
Experience
For the above or other contracts executed during the

O
period stipulated in 4.2 (a) above, a minimum

G
construction experience in at least one (1) of:

TY
4.2 - New Construction to bitumen standards of a low Must meet Must meet Must meet
N/A Form EXP – 4.3
(b) volume seal road. requirements requirements requirement

N
- New Construction to bitumen standards of an urban

U
town road
Provide telephone and email contacts of clients forO
IC
project undertaken and the cost of each of the projects.
Experience in carrying out feasibility study,
H

environmental & social impact study, detailed

IT

engineering design and construction supervision of road

Form EXP – 4.4 (a)
N

4.3 General Design Must meet Must meet

construction and rehabilitation/reconstruction of existing N/A N/A
(a) Experience requirement requirement
A

roads in the last five (5) years prior to the application

AK

submission deadline. Provide telephone and

email contacts of clients for project undertaken
AR

The applicant must have undertaken and completed

successfully a detailed engineering design of at least 10
TH

Km, of asphalt/bituminous road Works with at least 2

4.3 Specific Design Must meet Must meet Must meet
major concrete structures within the last five (5) years. e. N/A Form EXP – 4.4 (b)
(b) Experience Provide telephone and email contacts of clients for requirement requirement requirement

39 | P a g e
 Section III. Evaluation and Qualification Criteria III-40

Eligibility and Qualification Criteria Compliance Requirements Documentation

Submission
Requirement Single Entity Joint Venture
Requirements
No. Subject
All Parties
Each Partner One Partner

LY
Combined
project undertaken.

N
O
W
IE
Tenderers/consortium who meet the minimum

-V
qualification criteria will be qualified only if their
available tender capacity is more than the total

T
tender value. The available tender capacity will be

EN
calculated as shown below:

M
Available Tender capacity = ( A*N*1.2 - B )

N
R
Where:

VE
A = AVERAGE Annual Construction Turnover for
civil engineering Works over the last 5 years updated to

O
2015 prices;

G
4.3 Must meet Must meet Must meet 50%
Tender Capacity N = Contract duration (years) of project for which
N/A
Form EXP – 4.3 (b)
(c) requirements requirements requirement

TY
tenders are invited. (3 yrs)

N
B = Value of existing commitments and on-going

U
Works to be completed during the next N years updated
to 2015 prices (3 yrs) O
IC
Note: The statements showing the value of existing
H

commitments and on-going Works as well as the

IT

stipulated period of completion remaining for each of the

Works listed should be countersigned by the Supervisor
N

(Engineer in charge) or Client / Employer.The total

A

value of outstanding Works on the

AK

on-going contracts must not exceed Ksh 300 million

AR
TH

40 | P a g e
Section III. Evaluation and Qualification Criteria

5. Key Personnel
The Bidder shall make provision for suitably qualified personnel to fill the key positions listed
below at minimum as required during Contract implementation. The Bidder shall supply further
information on a candidate who shall meet the experience requirements specified below.
All the key personnel shall be fluent in the full use (i.e. the writing, reading and speaking) of the
Contract language, which is English and have the ability to communicate ideas freely and easily.
In addition, all the key staff described herein, shall be fully computer literate.
5 (a) Design/Supervision Team
Estimated Man-
Minimum Month Input Specific
academic and General work

Construction

Notification
work
No. Position professional experience

LY
Defects
Period
experienc
qualifications or (years)
e (years)

N
provide equivalent

O
W
Must possess at least
a Master’s Degree in

IE
Civil Engineering or

-V
equivalent and is a
1. Project Director Registered 3 5 10 7

T
EN
Professional
Engineer with
M
Engineers Board of
N
Kenya or equivalent
R

Must possess at least

VE

a Bachelor’s Degree
O

in Civil
G

Pavement/Highways Engineering
2. 24 2 8 5
Engineer
TY
N
U
O

Must possess at least

IC

a Bachelor’s Degree
in Civil
H
IT

Engineering
3. Materials Engineer 24 2 8 5
N
A
AK
AR
TH

41 | P a g e
Section III. Evaluation and Qualification Criteria

Estimated Man-
Minimum Month Input Specific
academic and General work

Construction

Notification
work
No. Position professional experience

Defects
Period
experienc
qualifications or (years)
e (years)
provide equivalent

Must possess at least

a Bachelor’s Degree
in Civil
Structural/Drainage Engineering
4. 24 2 8 5
Engineer

LY
Must possess at least
a Bachelor’s Degree

N
in Survey &

O
Photogrammetry
5. Senior Surveyor 24 2 4 2

W
IE
-V
T
Must possess

EN
Bachelor’s Degree in
Environmental
M
Management or
N

6. Environmentalist related discipline 12 2 8 5

R
VE

and must be
registered as an
O

Expert (NEMA) or
G

equivalent.
TY

Must possess
Bachelor’s Degree
N

or equivalent in
U

Civil Engineering or
O

related field and be a

IC

7. CAD Engineer Registered Graduate 24 2 3 2

H

Engineer with
IT

Engineers
N

Registration Board
A

of Kenya or
AK

equivalent
AR

Submission requirement in Submission Form TOF 1.6 (a) and TOF 1.6 (b).
TH

42 | P a g e
Section III. Evaluation and Qualification Criteria

5 (b) Construction Team

General Specific
Minimum academic and professional work work
No. Position
qualifications or provide equivalent experience experience
(years) (years)

Must possess at least a Bachelor’s Degree in

Civil Engineering and is a Registered
1 Site Agent 8 5
Engineer with Engineers Board of Kenya or
equivalent
Must possess at least a Bachelor’s Degree in

LY
Civil Engineering
2 Site Engineer 5 3

N
O
Must possess at least Higher National

W
3 Senior Foreman 8 5
Diploma (HND) in Civil Engineering

IE
-V
Must possess at least Higher National
4 Site Surveyor 5 3
Diploma (HND) in Civil Engineering

T
EN
Must possess at least Diploma (HND) in
M
5 Earthworks Foreman 5 3
Civil Engineering
N
R
VE

Must possess at least Diploma (HND) in

6 Bituminous Works Foreman 5 3
Civil Engineering
O
G

Must possess at least Diploma (HND) in

7 Concrete Foreman 5 3
TY

Civil Engineering
N
U

Must possess at least Diploma (HND) in

8 Drainage Foreman 4 2
O

Civil Engineering
IC

Must possess at least Diploma (HND) in

H

9 Materials Technologist 4 2
IT

Civil Engineering
N
A

The Bidder shall provide further details of the proposed personnel and their experience records
AK

in the relevant Information Forms TOF 1.6(b).

AR

Bidders shall be required to indicate a schedule showing how the key design/construction team
TH

personnel will be available and engaged during the entire Contract period. Bidders should engage
Kenyan nationals as majority of their key personnel. The percentage of the KEY PERSONNEL
that should be of Kenyan nationality is at least 80%.

43 | P a g e
 Section III. Evaluation and Qualification Criteria

6. Equipment Capabilities
The Bidder shall own, or have guaranteed access (through hire, lease, purchase agreement,
other commercial means, or approved subcontracting) to key items of equipment, in full
working order at minimum, as listed hereunder and must demonstrate that, based on known
commitments, they will be available for timely use in the proposed Contract.
The Bidder may also list alternative types of equipment that it would propose for use on the
Contract, together with an explanation of the proposal.

Minimum No. of equipment

No of No. of
Number to be made
Item No. Equipment equipment to be
Equipment Details Required for available for the
Owned by hired/purchased

LY
the Contract Contract by the
Execution the Bidder by the Bidder Bidder

N
O
A) General Plant

W
IE
1. Steel fabrication workshop 1

-V
1
2. Concrete mixers cap 5m3 per

T
1

EN
hour M
B) Bituminous Plants
N
R

1. Bitumen Pressure
VE

2 1
distributor
O
G

C) Compactors
TY

1. Vibrating compaction plate

N

3 1
300 mm wide
U
O

2. Vibrating compaction plate

IC

1
600 mm wide
H

D) Mobile Compressors
IT
N

1. Single tool (1.8 m3/min) 1

A
AK

2. Medium rock drill (1.5

1
m3/min)
AR

4 3. Heavy rock drill (2.4

TH

1
m3/min)
5 E) Concrete Equipment

44 | P a g e
 Section III. Evaluation and Qualification Criteria

Minimum No. of equipment

No of No. of
Number to be made
Item No. Equipment equipment to be
Equipment Details Required for available for the
Owned by hired/purchased
the Contract Contract by the
the Bidder by the Bidder
Execution Bidder
1. Mobile concrete mixers 1

3. Concrete vibrators 2

F) Transport (Tippers,
dumpers, water tankers)
1. 4X2 tippers payload 7 – 12
1

LY
tonnes
2. 6X4 tippers payload 16 – 20

N
1

O
tonnes

W
3. 8X4 tippers payload 16 – 20
1

IE
tonnes

-V
6 4. Articulated trailers 1

T
5. Dump trucks 4 EN
M
N
R

6. Flat-bed lorries 1
VE

7. Water tankers (18,000 –

O

2
G

20,000 lts. capacity)

TY

G) Earth – Moving
Equipment
N
U

1. Tractor dozers with dozer

O

1
attachment (D6-D9 equivalent)
IC
H

2. Wheeled loaders 1
IT
N

7 3. Motor graders (93 - 205kW) 3

A
AK
AR

4. Trench excavator 1
TH

45 | P a g e
 Section III. Evaluation and Qualification Criteria

Minimum No. of equipment

No of No. of
Number to be made
Item No. Equipment equipment to be
Equipment Details Required for available for the
Owned by hired/purchased
the Contract Contract by the
the Bidder by the Bidder
Execution Bidder
7. Pulvimixer/soil stabiliser
1
CAT RM250 or equivalent

H) Diesel Generators
8
I) Excavators
1. Hydraulic crawler mounted

LY
(10 – 16 tonnes) – 0.40 – 0.60 2

N
m3 SAE bucket.

O
2. Hydraulic wheel mounted (7

W
– 10 tonnes) – 0.25 – 0.4 m3 2

IE
SAE bucket.

-V
9

T
EN
J) Rollers M
1. Self-propelled single drum
N
2
vibrating (various types)
R
VE

10 2. Sheep’s foot roller 2

O
G

3. Double drum vibrating

2
TY

pedestrian rollers
N

Totals
U
O
IC
H

The Bidder shall provide further details of proposed items of equipment using the relevant
IT

Forms in Section IV, Bidding Forms.

N
A
AK
AR
TH

46 | P a g e
Section IV. Bidding Forms IV-47

LY
Section IV

N
O
W
IE
Bidding Forms

-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

47 | P a g e
Section IV. Bidding Forms IV-48

Table of Contents

A. BID SUBMISSION FORMS ............................................................................................... 3

1. Form of Letter of Bid .................................................................................................................. 4
2. Appendix to Bid ........................................................................................................................... 6
3. Form of Bid Security (Bank Guarantee) ................................................................................. 11

B. BIDDER QUALIFICATION FORMS ................................................................................ 12

4. Bidder Information Sheet ............................................................................................................ 13
5. JointVenture Information Sheet ................................................................................................. 14
6. Contract Non-Performance… ..................................................................................................... 15
7. Pending Litigation ........................................................................................................................ 16
8. Financial Situation… ...................................................................................................................17

LY
9. Average Annual Construction Turnover ................................................................................... 18
10. Financial Resources .................................................................................................................. 19

N
11. Current Contract Commitments / Works in Progress… ....................................................... 20

O
12. General Design Experience… .................................................................................................. 21

W
13. Similar Design Experience ....................................................................................................... 22

IE
14. Specific Design Experience in Key Activities .......................................................................... 23

-V
15. General Construction Experience .......................................................................................... 24
16. Similar Construction Experience............................................................................................ 25

T
17. Specific Construction Experience in Key Activities… ........................................................... 26
EN
M
C. TECHNICAL OFFER FORMS ........................................................................................ 27
N
R

18. Design Proposal ......................................................................................................................... 28

VE

19. Method Statement ..................................................................................................................... 29

20. Program and Schedule… .......................................................................................................... 30
O

21. Cash Flow Projection ................................................................................................................ 31

G

22. Construction Equipment ..........................................................................................................32

TY

23. Project Management Organization… .....................................................................................33

N

24. CVs of Key Personnel .............................................................................................................. 34

U

25. Environmental and Social Impact Document........................................................................ 35

O

26. Health and Safety Document................................................................................................... 36

IC
H
IT
N
A
AK
AR
TH

48 | P a g e
Section IV. Bidding Forms IV-49

LY
N
O
A. Bid Submission Forms

W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

49 | P a g e
 Section IV. Bidding Forms IV-50

Form of Letter of Bid

Name of Contract:
Upgrading of Tunyai Nthaara Road ( Design Build)

To: The County Secretary,

Tharaka Nithi County Government
P.O Box 10, 60406
Kathwana

LY
Gentlemen/Ladies:

N
O
We, the undersigned, declare that:

W
IE
1. We have examined and we have no reservations to the Bidding Documents, including

-V
addenda thereto issued in accordance with the Instructions to Bidders.

T
EN
2. In accordance with the Conditions of Contract, Employer’s Requirements, Drawings, and
Schedules of Prices and Bill of Quantities, and Addenda Nos. [Insert Addenda Nos.] for the
M
N
execution of the above-named Works, we offer to design, construct and install such Works and
R

remedy any defects therein in conformity with the Conditions of Contract, Employer’s
VE

Requirements, Drawings, Schedules of Prices and Bill of Quantities, and Addenda for the sum of
O

[insert amount in numbers and words] as specified in the Appendix to Bid or such other sums
G

as may be ascertained in accordance with the conditions.

TY
N
U

3. We acknowledge that the Appendix to Bid forms part of our Bid.

O
IC

4. We undertake, if our Bid is accepted, to obtain a Performance Security in accordance with the
H

Bidding Documents and commence the Works as soon as is reasonably possible after the receipt
IT

of the Engineer’s notice to commence, and to complete the whole of the Works comprised in the
N

Contract within the time stated in the Appendix to Bid.

A
AK

5. We agree to abide by this Bid until the date specified in ITB Clause 18 [insert date], and it
AR

shall remain binding upon us and may be accepted at any time before that date.
TH

6. Unless and until a formal Contract is prepared and executed, this Bid, together with your
written acceptance thereof, shall constitute a binding Contract between us.

7. We understand that you are not bound to accept the lowest or any Bid you may receive.

8. We certify that we, including any subcontractors and suppliers for any part of the Contract
have or will have nationalities from eligible countries in accordance with ITB 4.2.

50 | P a g e
Section IV. Bidding Forms IV-51

9. We certify that we and any subcontractors and suppliers for any part of the Contract comply
with the requirements of ITB Clauses 3 and 4 of the Bidding Documents. By that, we mean that
we, including any subcontractors or suppliers for any part of the Contract, do not have any conflict
of interest in accordance with ITB 4.3; have not been declared ineligible as described in ITB 4.6
and ITB 3.1(c); and have not been excluded as a result of the laws of Kenya or official regulations,
or by an act of compliance with a decision of the United Nations Security Council in accordance
with ITB 4.7.

10. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to
Contract execution if we are awarded the Contract, are listed below:

Name and address of agent Amount and Purpose of commission

LY
currency or gratuity

N
O
W
IE
(if none, state “none”)

-V
T
11. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.
EN
M
N
R

Dated this day of 20

VE
O

Signature In the capacity of

G
TY

Duly authorized to sign Bids for and on behalf of

N
U

[In block capitals or typed]

O
IC

Address:
H
IT
N

Witness:
A

Address:
AK

Occupation:
AR
TH

51 | P a g e
Section IV. Bidding Forms IV-52

Form of Bid Security (Bank Guarantee)

[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [Name and Address of Employer]
Date:
BID GUARANTEE No.:
We have been informed that [name of the Bidder] (hereinafter called the “Bidder”) has
submitted to you its Bid dated (hereinafter called "the Bid") for the execution of [name of
Contract] under Invitation for Bids No. [IFB number] (The “IFB”).

LY
N
Furthermore, we understand that, according to your conditions, Bids must be supported by

O
a Bid guarantee.

W
IE
At the request of the Bidder, we [name of Bank] hereby irrevocably undertake to pay you

-V
any sum or sums not exceeding in total an amount of [amount in figures] ([amount in
words]) upon receipt by us of your first demand in writing accompanied by a written

T
EN
statement stating that the Bidder is in breach of its obligation(s) under the Bid conditions,
because the Bidder:
M
N

(a) has withdrawn its Bid during the period of Bid validity specified by the Bidder in
R
VE

the Form of Bid; or

O

(b) having been notified of the acceptance of its Bid by the Employer during the period
G

of Bid validity, (i) fails or refuses to execute the Contract, or (ii) fails or refuses to
TY

furnish the Performance Security, in accordance with the Instructions to Bidders

N

and the Contract.

U
O

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
IC

copies of the Contract signed by the Bidder and the Performance Security issued to you
H

upon the instruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon
IT

the earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the
N

successful Bidder; or (ii) twenty-eight (28) days after the expiration of the Bidder’s Bid.
A
AK

Consequently, any demand for payment under this guarantee must be received by us at the
AR

office on or before that date.

TH

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458.

[Signature(s)]

52 | P a g e
Section IV. Bidding Forms IV-53

LY
N
O
B. Bidder Qualification Forms

W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

53 | P a g e
Section IV. Bidding Forms IV-54

Form ELI-1.1

Bidder Information Sheet

Each Bidder must fill in this form.

Bidder’s legal name

In case of joint
venture or other

LY
consortium, legal

N
name of each

O
member

W
IE
Bidder’s country of

-V
constitution

T
EN
M
Bidder’s year of
N

constitution
R
VE
O

Bidder’s legal
G

address in country
TY

of constitution
N

Bidder’s authorized
U
O

representative
IC

(name, address,
H

telephone numbers,
IT

fax numbers, e-mail

N

address)
A
AK

Attached are copies of the following original documents.

AR

❑ 1. In case of single entity, articles of incorporation or similar documents of constitution of the legal
entity named above, in accordance with ITB 4.1 and 4.2.
TH

❑ 2. Authorization to represent the Bidder named in above, in accordance with ITB 20.2.
❑ 3. In the case of joint venture or other consortium, (a) the joint venture or similar documents of
constitution and documents of registration of the joint venture or other consortium, or (b) the
letter of intent to form the joint venture or other consortium and demonstrating the joint and
several liability of all members, in accordance with ITB 4.1.
❑ 4. In the case of a government-owned entity, any additional documents not covered under 1 above
required to comply with ITB 4.4.

54 | P a g e
Section IV. Bidding Forms IV-55

Form ELI-1.2

Joint Venture Information Sheet

Each member of a joint venture or other consortium making up the Bidder and each
SubContractor must fill in this form.

Joint Venture Information

Bidder’s legal name

LY
Joint Venture Member’s

N
or SubContractor’s legal

O
W
name

IE
-V
Joint Venture Member’s
or SubContractor’s

T
EN
country of constitution M
N

Joint Venture Member’s

R

or SubContractor’s year
VE

of constitution
O
G

Joint Venture Member’s

TY

or SubContractor’s legal
N

address in country of
U

constitution
O
IC

Joint Venture Member’s

H

or SubContractor’s
IT

authorized representative
N

information
A
AK

(name, address, telephone

AR

numbers, fax numbers, e-

mail address)
TH

Attached are copies of the following original documents.

❑ 1. Note: Each member of the Joint venture, consortium or other unincorporated grouping
of two or more persons shall produce a parent company guarantee. The members of
the parties involved shall appoint the leader of the Joint venture, consortium or other
unincorporated grouping of two or more persons at the time of tendering providing a
single point of contact thereafter.
❑ 2. Articles of incorporation or similar documents of constitution of the legal entity named above, in
accordance with ITB 4.1 and 4.2.
❑ 3. Authorization to represent the firm named above, in accordance with ITB 20.2.
❑ 4. In the case of a government-owned entity, documents establishing legal and financial autonomy
and compliance with commercial law, in accordance with ITB Sub-Clause 4.4.

55 | P a g e
Section IV. Bidding Forms IV-56

Form CON – 2(a)

Historical Contract Performance

Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in
this form.
Non-Performing Contracts

❑ No non-performance of a Contract in accordance with Sub-Factor 2.1 of Section III (Evaluation and
Qualification Criteria)

OR

❑ Non-performance of a Contract in accordance with Sub-Factor 2.1 of Section III (Evaluation and

LY
Qualification Criteria)

N
O
W
In the event of a non-performing Contract, clarify/explain your situation according to Sub-Factor 2.1 of

IE
Section III, Evaluation and Qualification Criteria.

-V
T
EN
Failure to Sign a Contract
M
N

❑ No failure to sign a Contract in accordance with Sub-Factor 2.2 of Section III (Evaluation and
R
VE

Qualification Criteria)
O

OR
G

❑ Failure to sign a Contract in accordance with Sub-Factor 2.2 of Section III (Evaluation and Qualification
TY

Criteria)
N
U
O
IC
H
IT
N
A

In the event of failure to sign a Contract, clarify/explain your situation according to Sub-Factor 2.2 of Section
AK

III, Evaluation and Qualification Criteria.

AR
TH

56 | P a g e
Section IV. Bidding Forms IV-57

Form CON – 2(b)

Contract Performance

Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in
this form.

Pending Litigation

❑ No pending litigation

LY
OR

N
❑ Pending litigation

O
W
IE
Value of

-V
Value of
Pending
Pending
Claim as a

T
Year Employer Data, Contract Identification and Matter in Dispute Claim in

EN
Percentage
Ksh.
of Net
Equivalent
M
Worth
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

57 | P a g e
Section IV. Bidding Forms IV-58

Form FIN- 3.1(a)

Financial Situation

Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in
this form.

Financial Data for Previous 5 Years [Ksh Equivalent]

Year 1: Year 2: Year 3: Year 4: Year 5:

LY
Information from Balance Sheet

N
O
1. Total Assets

W
IE
2. Current Assets

-V
3. Bank Credit Line Value

T
4. Total Liabilities
EN
M
N
5. Current Liabilities
R
VE

6. Net Worth (1-4)

O
G

7. Working capital (2+3-5)

TY
N

Information from Income Statement

U
O
IC

Total Revenues (TR)

H
IT

Profits Before Taxes (PBT)

N
A

Profits After Taxes (PAT)

AK
AR

❑ Attached are copies of financial statements (balance sheets including all related notes, and income
TH

statements) for the last 5 years, as indicated above, complying with the following conditions.
All such documents reflect the financial situation of the Bidder or member of a joint venture or
other consortium making up a Bidder, and not sister or parent companies.
Historic financial statements must be audited by a certified accountant.
Historic financial statements must be complete, including all notes to the financial statements.
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).

58 | P a g e
Section IV. Bidding Forms IV-59

Form FIN – 3.1(b)

Financial Resources
Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in
this form, specifying proposed sources of financing, such as liquid assets, unencumbered real
assets, lines of credit, and other financial means, net of current commitments, available to meet
the total construction cash flow demands of the subject Contract or contracts as indicated in
Section III, Evaluation and Qualification Criteria.

No. Source of Financing Amount (KES)

LY
1

N
O
2

W
IE
3

-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

59 | P a g e
Section IV. Bidding Forms IV-60

Form FIN – 3.2

Average Annual Construction Turnover

Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in this
form.

Annual Turnover Data for the Last 5 Years (Construction only)

Average per Exchange Average
year Amount Rate per year
Year 1 Year 2 Year 3 Year 4 Year 5
Currency Ksh

LY
Equivalent

N
O
Roadworks
1.

W
IE
Other civil

-V
2. Engineering

T
Works

3.
Other
EN
M
(specify)
N
R

Total
VE

4.
O
G

Average Annual Construction Turnover

TY
N
U
O

The information supplied should be the annual construction turnover of the Bidder or each member
IC

of a joint venture or other consortium making up a Bidder in terms of the amounts billed to clients
H

for each year for work in progress or completed, converted to [KES OR ANY OTHER
IT

CURRENCY] at the rate of exchange at the end of the period reported.

N
A
AK
AR
TH

60 | P a g e
Section IV. Bidding Forms IV-61

Form EXP – 4.1

General Construction Experience

Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in
this form.

General Construction Experience

Contract Identification and Name
Starting Ending
Name and Address of Employer
Month Month Years Role of Bidder
Brief Description of the Works Executed by the
Year Year
Bidder

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

61 | P a g e
Section IV. Bidding Forms IV-62

Form EXP – 4.2

Similar Construction Experience

Fill in one (1) form per Contract.

Contract of Similar Size and Nature

Contract No . . . . . . of . .
Contract Identification
....

LY
Award Date Completion Date

N
O
❑ Contractor ❑ Management ❑ SubContractor

W
Role in Contract Contractor

IE
Total Contract Amount Ksh

-V
If a member of a joint

T
venture or other
consortium making up
EN
M
the Bidder or a Percent of Total Amount
N
subcontractor, specify
R

participation of total
VE

Contract amount
O

Employer’s Name
G

Address
TY

Telephone/Fax Number
N

E-mail
U
O

Description of the similarity in accordance with Sub-Factor 4.5 of Section III

IC
H
IT
N
A
AK
AR
TH

62 | P a g e
Section IV. Bidding Forms IV-63

Form EXP – 4.3

Specific Construction Experience in Key Activities

Fill in one (1) form per Contract.

Contract with Specific Key Activities

Contract No . . . . . . of . .
Contract Identification
....

Award Date Completion Date

❑ Management

LY
Role in Contract ❑ Contractor Contractor ❑ SubContractor

N
O
Total Contract Amount Ksh

W
If a member of a joint

IE
venture or other

-V
consortium making up
the Bidder or a Percent of Total Amount

T
EN
subcontractor, specify
participation of total
M
Contract amount
N

Employer’s Name
R
VE

Address
O

Telephone Number
G

Fax Number
TY

E-mail
N
U

Description of the key activities in accordance with Sub-Factor 4.6 of Section III
O
IC
H
IT
N
A
AK
AR
TH

63 | P a g e
Section IV. Bidding Forms IV-64

Form EXP – 4.4(a)

General Design Experience

Each Bidder or the designated designer of a Bidder that is a joint venture or other consortium
must fill in this form.

General Design Experience

Contract Identification and Name
Starting Ending
Name and Address of Employer
Month Month Years Role of Bidder

LY
Brief Description of the Engineering
Year Year
Designs Developed by the Bidder

N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

64 | P a g e
Section IV. Bidding Forms IV-65

Form EXP – 4.4(b)

Similar Design Experience

Fill in one (1) form per Contract.

Contract of Similar Size and Nature

Contract No . . . . . . of . .
Contract Identification
....

Award Date Completion Date

LY
N
Role in Contract ❑ Contractor ❑ Designer ❑ SubContractor

O
W
Total Contract Amount Ksh

IE
If a member of a joint

-V
venture or other
consortium making up

T
the Bidder or a Percent of Total Amount

EN
subcontractor, specify
participation of total
M
Contract amount
N
R

Employer’s Name
VE

Address
O

Telephone/Fax Number
G

E-mail
TY
N

Description of the similarity in accordance with Sub-Factor 4.3(b) of Section III

U
O
IC
H
IT
N
A
AK
AR
TH

65 | P a g e
Section IV. Bidding Forms IV-66

LY
N
O
C. Technical Offer Forms

W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

66 | P a g e
Section IV. Bidding Forms IV-67

Form TOF – 1.1

Design Proposal

The Bidder shall prepare the following documents that will form the Design Proposal:

1. Preliminary Engineering Design report with a detailed Book of drawings attached.

a) The Preliminary Design report shall include all elements of the Works specified in the
Employer’s Requirements.
b) The Preliminary engineering design report shall have a summary page stating the

LY
pavement structure offer with a corresponding typical road cross-section. The summary

N
page shall also highlight areas where the bidder’s engineering design offer is an

O
improvement of or departure from the concept design if provided by the Employer.

W
c) The Bidder shall provide a pavement structure offer with a corresponding typical

IE
road cross-section.

-V
d) Drawings scales shall range from 1:100 to 1:500, or as otherwise specified in the
Employer’s Requirements.

T
EN
e) For the purpose of this clause, an improvement in the concept design shall constitute
either of the following; an offer on a superior pavement structure than implied in the
M
Employer’s requirement, an offer on a superior non-motorised traffic facility than
N
R

implied in the Employer’s requirement; an offer in a superior road safety measures than
VE

implied in the Employer’s requirement.

O
G

2. Commentary on the Employer's Requirements, including status of the information

TY

available and relevant design issues for the Works, detailing how the critical requirements
will be achieved.
N
U
O

3. Comments on any errors or defects noted in the Employer’s Requirements, along with
IC

details of any exceptions taken from the Employer's Requirements. However, pursuant to
H

Clause 5.1, the Employer will not be responsible for any error, inaccuracy or omission of
IT

any kind in the Employers requirements.

N
A

4. Detailed Design Proposal comprising of a discussion of how the Bidder proposes to

AK

develop the design at key stages, including a commentary on any necessary mapping and/or
AR

survey work and the proposed design methodology for key elements of the Works.
TH

5. Environmental and Social Impact Mitigation Proposal comprising of a discussion of how

the Bidder proposes to incorporate environmental and social considerations, including the
prevention of negative impacts, minimization of resettlement, and inclusion of mitigation
measures and health and safety concerns into the design, including proposed methods for
coordinating design work with concurrent environmental management plan and

67 | P a g e
Section IV. Bidding Forms IV-68

resettlement planning documents; e.g. resettlement policy framework or resettlement

action plan (if required) development.2

6. Name, qualifications, and particulars of the Design Partner and designers in charge of the
design of the Works.

7. Proposed names of suppliers and details for all essential equipment items, including but
not limited to such items as [insert list as may be appropriate]. Manufacturers’ brochures
and details of the main items and equipment, especially those listed above, and indication
of availability when needed in the general project timeframe, respectively, shall accompany
specifications.

LY
8. [Insert anything else, as may be appropriate.]

N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

2 For the avoidance of doubt, resettlement of any persons pursuant to the resettlement action plan shall be the responsibility of
the Employer.

68 | P a g e
Section IV. Bidding Forms IV-69

Form TOF – 1.2

Construction Method Proposal

Each Bidder shall set out details of the proposed Method of construction for the Works to
demonstrate how it will meet the Employer’s objective and requirements. At a minimum, the
Method Statement shall address the following:

(a) Construction Methodology proposal comprising of details of the arrangements and

methods which the Bidder proposes to adopt for the construction of the various stages
of the designed Works including the structures and various pavement layers, in

LY
sufficient detail to demonstrate their adequacy to achieve the requirements of the

N
Contract including completion within the Time for Completion stated in the Appendix

O
to Bid.

W
IE
(b) Site access coordination proposal outlining the arrangements, which the Bidder

-V
proposes to adopt to manage coordination of Site access.

T
EN
(c) Commentary on the geotechnical and subsurface aspects of the Works including
materials, material sources and any constraints.
M
N
R

(d) [Commentary on any offshore or waterfront aspects of the Works.]

VE
O

(e) Logistics and traffic management plan proposal [as may be appropriate].
G
TY

(f) Outline of the arrangements, which the Bidder proposes to adopt to ensure
compliance with the Employer’s Requirements.
N
U
O

(g) Material testing proposal outlining the arrangements, which the Bidder proposes for
IC

testing of materials for construction and testing upon completion as called for in the
H

Employer’s Requirements.
IT
N

(h) Training of Employer’s staff proposal outlining the arrangements, which the Bidder
A

proposes for conducting training as specified in the Employer’s Requirements.

AK
AR

(i) Hand-over of completed Works proposal outlining the arrangements for handover,
TH

including completion of as-built drawings, preparation of operation and maintenance

manuals, and any additional matters.

(j) Quality Assurance plan and control proposal outlining the quality assurance plans and
quality controls, including the teams to be involved.

(k) [Insert anything else, as may be appropriate.]

69 | P a g e
Section IV. Bidding Forms IV-70

Form TOF – 1.3

Program and Schedule

Each Bidder shall set out a detailed Program and Schedule for design and construction of the
Works to be undertaken, including estimated start and finish dates for individual components and
identification of major milestones and critical path. The proposed Program and Schedule shall be
developed according to Employer’s Requirements and shall address the following:

(a) Details of the proposed schedule for design of the Works, including the submission of
design documents, review, and approval of the design by the Engineer.

LY
N
(b) Details of the proposed schedule for permitting processes that may be necessary in order

O
to commence the Works, including the preparation of required studies, supporting

W
information, and applications.

IE
-V
(c) Details of the proposed timeline for carrying out the Works within the Time for
Completion, in the form of a bar chart showing notably the major milestones and the critical

T
EN
path. M
(d) Details of the proposed timeline for the testing, commissioning and handing over of the
N
R

completed Works.
VE
O

(e) [Other proposed measures as may be appropriate].

G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

70 | P a g e
Section IV. Bidding Forms IV-71

Form TOF – 1.4

Cash Flow Projection

Each Bidder shall set out details of the Cash Flow Projection indicating quarterly projected
expenditure throughout the duration of the Contract, both the percentage of the Accepted
Contract Amount and the cumulative percentage of the Accepted Contract Amount per
month. The Cash Flow Projection shall address the following, taking into consideration payment
of the Advance Payment, amortization of the Advance Payment, withholding of the Retention, and
release of the Retention:

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

71 | P a g e
Section IV. Bidding Forms IV-72

Form TOF – 1.5

Construction Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification
Criteria. A separate form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.

Item of equipment

LY
N
Equipment Name of manufacturer Model and power rating

O
information

W
Capacity Year of manufacture

IE
-V
Current Current location

T
status
Details of current commitments EN
M
N
R
VE

Source Indicate source of the equipment

O

□ Owned Rented Leased Specially manufactured

G
TY

Omit the following information for equipment owned by the Bidder.

N
U
O

Owner Name of owner

IC

Address of owner
H
IT
N
A

Telephone Contact name and title

AK

Fax Telex
AR

Agreements Details of rental / lease / manufacture agreements specific to the project

TH

72 | P a g e
Section IV. Bidding Forms IV-73

Form TOF – 1.6 (a)

Project Management Organization

The Bidder shall set out details of the Project Management Organization, together with
identification and Curriculum Vitae (“CV”) for each key member for each component of the
Project.

CVs are provided for the key personnel for the following positions, using the forms provided in
Form EXP 5.1 for that purpose:

LY
Total Related Work Similar Experience in Similar Designs
No. Position

N
Experience (years) and/or Works (years)

O
1

W
IE
2

-V
T
3
EN
M
4
N
R
VE

5
O
G
TY

In particular, the Bidder must provide the names and particulars of the individuals from the
N

proposed design partner to prepare the design of the Works.

U
O
IC

In addition, the Bidder shall provide the following information:

H
IT

(a) organizational chart showing lines of communications as well as communications plan for
N

managing communications with key stakeholders;

A
AK

(b) plans for subcontracting any parts of the Works and the services to be carried out or the Plant
AR

and Equipment to be provided by subcontractors;

TH

(c) Data management plan in accordance with the Employer’s Requirements, describing the
proposed system for storing, indexing, and accessing data such as correspondence, meeting
minutes, reports, drawings, etc.

73 | P a g e
Section IV. Bidding Forms IV-74

Form TOF-1.6(b) 1.5

Key Personnel

CURRICULUM VITAE (CV)

Key personnel to be designated for the project taking into consideration the estimated scope
and commencement period

Position Title and No. {e.g., K‐1, TEAM LEADER}

Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of Citizenship/Residence

LY
N
Education: {List college/university or other specialized education, giving names of educational

O
institutions, dates attended, degree(s)/diploma(s) obtained}

W
IE
Employment record relevant to the assignment: {Starting with present position, list in reverse

-V
order. Please provide dates, name of employing organization, titles of positions held, types of
activities performed and location of the assignment, and contact information of previous clients

T
EN
and employing organization(s) who can be contacted for references. Past employment that is not
relevant to the assignment does not need to be included.}
M
N

Period Employing organization and your Country Summary of activities

R

title/position. Contact information for

VE

performed relevant to
references the Assignment
O
G

[e.g., May [e.g., Ministry of ……,

TY

2005‐ advisor/contractor to…

N

present] For references: Tel…………/e‐

U

mail……; Mr. Bbbbbb, deputy

O

minister]
IC
H
IT
N
A
AK

Membership in Professional Associations and Publications:

AR
TH

Language Skills (indicate only languages in which you can work):

The applicant shall submit the following:

• Proposed organization chart
• CV for proposed Engineering Staff (i.e., Project Manager, Site Agent, etc…)

[All CVs of Key Personnel must be signed and dated by them during the Bid preparation
period.]

74 | P a g e
Section IV. Bidding Forms IV-75

Form TOF – 1.7

Environmental & Social Impact Documents

The Bidder shall provide the documents below to show that it has in place sufficient environmental
and social documents and awareness to be able to perform responsibilities in accordance with the
National Environment Management Authority (NEMA) Environmental Guidelines and the
Employer’s Country’s Environmental Laws.

The successful Bidder will be required to design and carry out the Works in accordance with
NEMA Environmental Guidelines, including social and resettlement guidance, Kenyan Laws on
Gender Policy, and environmental requirements of the Employer’s Government as well as the Site-

LY
specific Environmental Management Plan (“EMP”), to be prepared by it following Contract award,

N
and approved by the Engineer. The Bidder shall demonstrate in a narrative section of its Technical

O
Offer that it possesses a high level of Environmental and Social (“E&S”) management expertise

W
and can successfully manage the E&S risks associated with the implementation of the proposed

IE
Works, as follows:

-V
T
(a) Provide examples of Site-specific E&S management plans developed by the Bidder for
similar work over the last five (5) years;
EN
M
N

(b) Provide examples of project-specific environmental management specifications developed

R

by the bidder for similar work over the last five (5) years;
VE
O

(c) Demonstrate a successful record implementing effective E&S mitigation measures on

G

similar projects over the last five (5) years;

TY
N

(d) Describe proposed E&S staffing, roles and responsibilities, and management structure;
U
O

(e) Describe the proposed approach to managing E&S impacts during implementation of this
IC

project, including a description of the mitigation measures that will be used and
H

international E&S standards that may be applicable; provide enough detail to demonstrate
IT

an understanding of the critical E&S issues related to the project; and

N
A
AK

(f) Provide two (2) references regarding the Bidder’s development of Site-specific EMPs and
successful implementation of E&S mitigation measures.
AR
TH

75 | P a g e
Section IV. Bidding Forms IV-76

Form TOF – 1.8

Health & Safety Documents

The Bidder shall provide the documents below to show that it has in place sufficient safety policy
documents and safety awareness to be able to perform their responsibilities in a safe and competent
manner.

The successful Bidder will be required to design and carry out the Works in accordance with the
Site-specific Health and Safety Plan to be developed by it following Contract award, and approved
by the Engineer, based on the Employer’s Requirements provided in Section IX.

LY
The Bidder shall demonstrate in a narrative section of its Technical Offer that its possesses a high

N
level of Health and Safety (“H&S”) management expertise and can successfully manage the H&S

O
W
risks related to the implementation of the Works. To demonstrate, the Bidder shall provide the

IE
following:

-V
(a) Provide examples of H&S management plans developed by the Bidder for similar work

T
over the last five (5) years;
EN
M
(b) Demonstrate a successful record implementing effective H&S mitigation measures on
N

similar projects over the last five (5) years;

R
VE

(c) Describe proposed H&S staffing, roles and responsibilities, and management structure;
O
G

(d) Describe the proposed approach to managing H&S impacts during implementation of the
TY

Works, including a summary of mitigation measures that will be used and international
N

H&S standards that may be applicable; provide enough detail to demonstrate an

U

understanding of the critical H&S issues related to the project; and

O
IC

(e) Provide two (2) references regarding the Bidder’s development of H&S plans and
H

successful implementation of H&S mitigation measures.

IT
N
A
AK
AR
TH

76 | P a g e
Section IV. Bidding Forms IV-77

Form TOF - 1.9

QUALITY ASSURANCE REQUIREMENTS

Quality management system, describing the basis and operation of the proposed quality
management system, including management reviews, procedural audits, checking, procedures for
monitoring, reporting and dealing with nonconformities, corrective actions, and feedback and

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

77 | P a g e
Section IV. Bidding Forms IV-78

LY
N
O
W
IE
-V
T
EN
M
Part II
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

78 | P a g e
Section V. General Conditions of Contract V-79

Section V

General Conditions of Contract

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

79 | P a g e
Section V. General Conditions of Contract V-80

GENERAL CONDITIONS OF CONTRACT

The Conditions of Contract, Part 1: General Conditions shall be those forming the General
Conditions of the “Conditions of Contract for EPC/Turnkey Projects” First Edition 1999, as
prepared by the Fédération Internationale des Ingénieurs-Conseils (“FIDIC”). These General
Conditions are subject to the variations and additions set out in the section of this Contract entitled
“Conditions of Particular Application.”

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

80 | P a g e
Section VI. Conditions of Particular Application VI-81

SECTION VI

LY
N
CONDITIONS OF PARTICULAR APPLICATION

O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

81 | P a g e
Section VI. Conditions of Particular Application VI-82

Conditions of Particular Application

The following Conditions of Particular Application (“COPA”), shall supplement the General
Conditions of Contract. Whenever there is a conflict, the provisions in the COPAs shall prevail
over the General Conditions of Contract.
The Conditions of Particular Application include;
1. Part A: Appendix To Tender
2. Part-II B: Particular Conditions
3. Annex A and B: Additional Provisions.

The Conditions of Contract comprise the "General Conditions", which form part of the "Conditions
of Contract for EPC/Turnkey Projects” First Edition 1999 published by the Fédération
Internationale des Ingénieurs-Conseils (FIDIC), and the following “Particular Conditions,” which

LY
include amendments and additions to such “General Conditions”.

N
O
W
The Particular Conditions are set out hereunder. The Clauses in the Particular Conditions are

IE
additional to or as amendment to the General Conditions of Contract.

-V
T
In the preparation of these Conditions of Particular Applications the document followed is

EN
Conditions of Contracts for EPC/Turnkey Projects FIDIC, 1999.
M
N
Any change, deviation, deletion or addition to Conditions of Contract for EPC/Turnkey Projects
R

FIDIC, 1999 has been recorded in the Particular Applications with same clause or sub clause
VE

reference.
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

82 | P a g e
Section VI. Conditions of Particular Application VI-83

PART A: APPENDIX TO TENDER

Conditions Sub- Data
Clause
Tender Security (Bank In kshs 2% of tender sum
Guarantee only)
Employer’s name and address 1.1.2.2 The County Secretary,
Tharaka Nithi County Government
P.O Box 10, 60406
Kathwana

LY
Employer's Representative name 1.1.2.4 Chief Officer

N
and address &3.1 Transport, Roads, Infrastructure and

O
Industry

W
Tharaka Nithi County Government

IE
P.O Box 10, 60406

-V
Kathwana

T
EN
M
N

Base Date 1.1.3.1 28 days prior to the latest date for submission
R

of the tender.
VE

Commencement Date from 1.1.3.2 28 days

O
G

Employer’s order to commence &8.1

TY

Time for Completion of Design- 1.1.3.3 & 36 Months

N

Build 8.2 If Sections are to be used, refer to Table:

U

Summary of Sections below

O
IC

Defects Notification Period 1.1.3.7 12 Months.

H

NONE
IT

Parts of the Works that shall be 1.1.5.6

N

designated a Section for the

A

purposes of the Contract

AK

Electronic transmission systems 1.3 Email

AR

Address of Contractor for 1.3 To be inserted by the Tenderer

TH

communications:
Governing Law 1.4 Laws of the Republic of Kenya
Ruling language 1.4 English

83 | P a g e
Section VI. Conditions of Particular Application VI-84

Conditions Sub- Data

Clause
Language for communications 1.4 English
Joint and Several Liability 1.14 In case of a JV or Consortium, Each member
of the parties involved shall produce a parent
company guarantee.
The members of the parties involved shall
appoint the leader at the time of tendering
Time for access to the Site 2.1 Seven (7)_days after Commencement Date
Performance Security 4.2 The performance security will be in the form
of a Bank Guarantee in the amount(s) 10% of

LY
the Contract Price stated in the Contract

N
Agreement payable in the currencies and

O
proportions in which the Contract Price is

W
payable.

IE
-V
Normal working hours 6.5 Normal working hours are:
Monday to Friday: 08.00 to 13.00 Hrs

T
EN
M 14.00 to 17.00 Hrs
Contractor’s Personnel 6.9 Foreign personnel deployed on the project
N

shall not exceed 20% of Key Personnel.

R
VE

Time for Completion of each 8.2 Not Applicable

O

Section
G

Time for submission of Program 8.3 28 days after Order to Commence

TY

of Works
N
U

Delay damages relating to 8.7 0.02 % of the Contract Price per week.
O

Design-Build If Sections are to be used, refer to Table:

IC

Summary of Sections below(Not Applicable)

H
IT

Maximum amount of delay 8.7 10 % of the Contract Price.

N

damages
A
AK

Currencies for payment of 13.4 & Payments shall be made in Kenya Shillings
Contract Price 14.15 ONLY
AR
TH

Percentage rate to be applied to 13.5.(b)(ii) 10%

Provisional Sums
Adjustments for Changes in 13.8 There shall be no price adjustment
Costs
Amount of Advance Payment 14.2 10 % Percentage of the Contract Price stated in
the Contract Agreement payable in the
currencies and proportions in which the
Contract Price is payable.
Advance Payment Security 14.2 Full amount of the advance in the form of
Unconditional Bank Guarantee

84 | P a g e
Section VI. Conditions of Particular Application VI-85

Conditions Sub- Data

Clause
Repayment amortization rate of 14.2(b) 25% of the amount of each Payment
advance payment Certificate.
Percentage of Retention 14.3 5% of the amount of each Payment
Certificate.
Limit of Retention Money 14.3 10% of the Contract Price.
Schedule of Payments 14.4 The Tenderer must provide a schedule of
payments proposing major milestones against
which interim payment certificate shall be

LY
processed as per the Table: Schedule of
Payments below. (To be filled by the

N
O
Tenderers)

W
Plant and Materials If Sub-Clause 14.5 applies:

IE
14.5 Plant and Materials for payment when

-V
shipped en route to the Site not applicable.

T
EN
14.5 Plant and Materials for payment when
delivered to the Site not applicable.
M
N

Minimum Amount of Interim 14.7 Payment to commensurate to payment for a

R
VE

Payment Certificates minimum milestone of the project

O

Financial Charges for delayed 14.8 n/a.

G

Payments to the Contractor

TY
N
U

Limitation of Liability 17.6 Total liability of the Contractor shall not

O
IC

exceed the Contract Price

H

Employer’s Risks to be insured if 18.2(a) None

IT

different from sub – clause 17.1

N

Employer’s Risks to be insured if

A

18.2(a) None
AK

different from sub – clause 18.1

AR

Insurance for Works ( amount 18.2 Full reinstatement cost including the costs of
TH

required) demolition, removal of debris and professional

fees and profit.
Insurance Contractor’s 18.2 Full replacement value including delivery to
equipment, materials and site.
documents
(amount required)
Amount of insurance required for 18.3 Minimum Kenya Shillings 500,000 per
injury to persons and damage to occurrence, with the number of occurrences
property unlimited
Amount of insurance required for 18.4 20% of the Contract Price
Contractor’s Personnel

85 | P a g e
Section VI. Conditions of Particular Application VI-86

Conditions Sub- Data

Clause
Liability for breach of 18.4 20% of the Contract Price
Professional Duty ( amount
required)
Period for which professional 18.4 Full period of the Contract
liability insurance required
Date for appointment of DAB 20.3 Within 28 days after receipt of Notice of
dissatisfaction by any party issued under Sub-
clause 20.1(d) or 20.2

LY
The DAB shall comprise 20.3 Three Members

N
Appointing entity (official) for 20.4 Chairman of Chartered Institute of

O
DAB members, if not agreed. Arbitrators - Kenya Chapter

W
IE
-V
.

T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

86 | P a g e
 Section VI. Conditions of Particular Application VI-87

SCHEDULE OF PAYMENTS (To be provided by the Tenderer and negotiated with the
Employer upon approval of the detailed engineering design)
Interim Percentage of the Progress (Milestones) achieved for Target due
Certificate Contract Price Permanent Works against which the date
No. interim payment Certificate is to be (Months)
processed.

1 10% (Advance Payment) Performance Security, Advance 1st Month

Payment guarantee
2
3

LY
-

N
-

O
nth All Works Completed as per the 36th Month

W
Contract

IE
-V
NOTE: This is a milestone based project and payment will be effected to a minimum value of physical

T
works complete of a kilometer or more. Minimum milestone is 1 km

EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

87 | P a g e
Section VI. Conditions of Particular Application VI-88

Part-II B Particular Conditions

1. GENERAL PROVISIONS
Definitions Clause

The Contract 1.1.1.1 Amend the clause by adding the following at the end:
“The words ‘Agreement’ and ‘Contract’ are used interchangeably.”

1.1.1.4 Amend the clause by adding the following at the end:

“The word ‘tender’ is synonymous with ‘Bid,’ and the words ‘Letter
of Tender’ with ‘Letter of Bid’, and the words ‘Appendix to Tender’

LY
with ‘Appendix to Bid,’ and the words ‘tender documents’ with

N
‘Bidding Documents.’”

O
W
1.1.2.3 Amend the clause by adding the following at the end:

IE
-V
"Contractor" means the Successful Bidder and its legal successors
and permitted assigns.

T
EN
Add the following sub-clauses defined terms to read as follows
M
N

Dates, Tests, 1.1.3.3 The Time for Completion is 36 Months.

R
VE

Periods and
Completion
O

1.1.3.7 The Defects Notification Period for the Works shall be 12 calendar
G

months unless otherwise stated in the Appendix to Tender.

TY

1.1.4.5 Local Currency means Kenya Shillings (KES) unless otherwise

N
U

stated in the Appendix to Tender.

O
IC

Works and 1.1.5.4 Permanent Works are the Works awarded to and executed by the
H

Goods. Contractor.
IT

Other 1.1.6.9 "Public Utilities" means pipes for water supply, gas/oil and sewage:
N

Definitions the overhead and underground transmission facilities of electricity

A

and telecommunication etc.

AK
AR

Interpretation 1.2 Amend by adding the following at the end:

TH

“In these Conditions, provisions including the expression "Cost

88 | P a g e
Section VI. Conditions of Particular Application VI-89

plus profit" require this profit to be one-twentieth (5%) of this Cost

unless otherwise stated in the Appendix to Tender.”

Law and 1.4 Amend by adding the following at the end:

Languag The Contract shall be governed by the laws in force of the Republic
e of Kenya.

The ruling Language and the language for communication shall be

English unless otherwise stated in the Appendix to Tender.
The communication including for giving or issuing of approvals,
certificates, consents, determination, notices and requests shall be in
writing.
Priority of 1.5

LY
Contract Amend the clause as follows;

N
Documents The documents forming the Contract are to be taken as mutually

O
explanatory of one another. For the purposes of interpretation, the

W
priority of documents shall be in accordance with the following

IE
sequence.

-V
The Contract Agreement;

T
The Letter of Award;
EN
The Conditions of Contract for EPC/Turnkey Projects Part-II,
M
Particular Conditions, FIDIC 1999;
N

The Conditions of Contract for EPC/Turnkey Projects Part-I,

R

General Conditions, FIDIC 1999;

VE

The Employer's Requirements;

O

The Tender, and any other documents forming part of the Contract,
G

and
TY

Preliminary Design Drawings (Separate set)

N
U
O
IC

Confidential 1.12 Add new second paragraph to Sub-Clause 1.12

Details “Each of the Parties shall treat the details of the Contract as private
H
IT

and confidential, except to the extent necessary to carry out their

N

respective obligations under the Contract or to comply with

A

applicable Laws. Each of them shall not publish or disclose any

AK

particulars of the design and of the Works prepared by the other Party
AR

without the previous agreement of the other Party. However, the

Contractor shall be permitted to disclose any publicly available
TH

information, or, with the prior consent of the Employer, information

otherwise reasonably required to establish its qualifications to
compete for other projects. If any dispute arises as to the necessity
of any publication or disclosure of the details of the Contract, the
same shall be referred to the Employer whose determination shall be
final. The Contractor shall ensure that the requirements imposed on
the Contractor by this Sub-Clause apply equally to each Sub-
Contractor.”

Compliance 1.13 Add new subparagraph to Sub-Clause 1.13

89 | P a g e
Section VI. Conditions of Particular Application VI-90

with Laws (c) Add Disclosure Clause:

Contractor hereby declares that he has not obtained or induced
the procurement of any Contract, right, interest, privilege or
other obligation or benefit from Tharaka Nithi county or any
administrative subdivision or agency thereof or any other entity
owned or controlled by TNCG through any corrupt business
practice.
Without limiting the generality of the foregoing, Contractor
represents and warrants that he has fully declared the brokerage,
commission, fees etc. paid or payable to anyone and not given
or agreed to give and shall not give or agree to give to any person
within or outside Kenya either directly or indirectly through any
natural or juridical person, including its affiliate, agent,

LY
associate, broker, contractor, director, promoter, shareholder,

N
sponsor or subsidiary, any commission, gratification, bribe,

O
finder's fee or kickback, whether described as consultation fee

W
or otherwise, with the object of obtaining or inducing the

IE
procurement of a Contract, right, interest, privilege or other

-V
obligation or benefit in whatsoever form from TNCG, except

T
that which has been expressly declared pursuant hereto.
EN
Contractor certifies that he has made and will make full
M
disclosure of all agreements and arrangements with all persons
N

in respect of or related to the transaction with TNCG and has not

R

taken any action or will not take any action to circumvent the
VE

above declaration, representation or warranty.

O

Contractor accepts full responsibility and strict liability for

G

making any false declaration, not making full disclosure,

TY

misrepresenting facts or taking any action likely to defeat the

N

purpose of this declaration, representation and warranty. He

U

agrees that any Contract, right, interest, privilege or other

O

obligation or benefit obtained or procured as aforesaid shall,

IC

without prejudice to any other right and remedies available to

H

TNCG under any law, Contract or other instrument, be voidable

IT
N

at the option of TNCG

Notwithstanding any rights and remedies exercised by TNCG in
A
AK

this regard, Contractor agrees to indemnify TNCG for any loss

or damage incurred by he on account of its corrupt business
AR

practices and further pay compensation to TNCG in an amount

TH

equivalent to ten times the sum of any commission, gratification,

bribe, finder's fee or kickback given by Contractor as aforesaid
for the purpose of obtaining or inducing the procurement of any
Contract, right, interest, privilege or other obligation or benefit
in whatsoever form from TNCG.

90 | P a g e
Section VI. Conditions of Particular Application VI-91

(c) No member or officer of the Employer or anyone of their

respective staff or their employees shall be in any way
personally bound or liable for the acts or obligations of the
Employer under the Contract or answerable for any default or
omission in the observance or performance of any of the acts,
matters or things which are herein contained.

Joint and 1.14 Add the following paragraph at the end of sub-clause (c)
Several “Each member of the Joint venture, consortium or other
Liability unincorporated grouping of two or more persons shall produce a
parent company guarantee.

LY
The members of the parties involved shall appoint the leader of the

N
Joint venture, consortium or other unincorporated grouping of two

O
or more persons at the time of tendering providing a single point of

W
contact thereafter.

IE
The Employer shall not wish to be involved in a dispute between

-V
the members of the Joint venture, consortium or other

T
unincorporated grouping of two or more persons.”
EN
M
2. THE EMPLOYER
N
R

Right of 2.1 At the end of the first paragraph insert:

VE

Access to
O

the Site "The Employer shall assist the Contractor in obtaining documents in
G

relation any encumbrances and utility lines within the ROW in advance
TY

to avoid unnecessary delays".

N
U

Permits, 2.2 (b) Modify as follows:

O
IC

License or (iii) "for the import and export of Contractor's equipment when it is
Approvals entering into or removed from the site.
H
IT
N

2.2 (c) The Employer to provide details of width of ROW available along the
A

alignment.
AK

3. THE EMPLOYER'S ADMINISTRATION

AR

Employer's 3.1 With reference to Clause 3.1, the following provision shall also apply:
TH

Duties and
Authority Where used in the Contract the word ‘Engineer’ shall also refer to the
Employer’s Representative.
An Employer's Representative shall be appointed by the Employer
through a separate communication. The Employer's Representative
through his assistants may review progress and other assigned functions
like approvals and certification etc. as shall be required from time to
time.

4. THE CONTRACTOR
Performanc 4.2 Add new paragraph at end of Sub-Clause 4.2

91 | P a g e
Section VI. Conditions of Particular Application VI-92

e Security The Contractor shall provide performance security for his proper
performance of the Contract to the Employer within 28 days of
notification of award.

The Performance Security shall be in the form of irrevocable and

unconditional bank guarantee, issued either (a) by a bank located
within Kenya, or (b) directly by a foreign bank acceptable to the
Employer, of an amount equivalent to 10% of the Contract Price stated
in the Contract agreement/as stipulated by the Employer in the
Appendix to Tender.

Without limitation to the provisions of the preceding paragraph,

whenever the Employer's Representative determines an addition to the

LY
Contract Price as a result of a change in cost and/or legislation or as a

N
result of a variation amounting to more than 25 percent of the portion

O
of the Contract Price, the Contractor, at the Employer's

W
Representative's written request, shall promptly increase the value of

IE
the Performance Security by an equal percentage.

-V
T
Subcontrac 4.4 The Contractor shall not Subcontract any part of Works without
tors
EN
issuing relevant notice and obtaining prior approval of the Employer.
M
Safety 4.8 Add the following paragraph at the end of sub-clause (e);
N

Procedure The Contractor shall notify the Employer within 48 hours or as soon as
R

reasonably possible after the occurrence of any accident which has

VE

resulted in damage or loss of property, disability or loss of human life,

O

or which has or which could reasonably be foreseen to have a material

G

impact on the environment and shall submit to the Employer no later

TY

than 28 days after the occurrence of such an event, a summary report

N

thereof.
U
O
IC

Quality 4.9 Add the following paragraph at the end of paragraph two;
Assurance The Employer or Employer’s representatives and their assistants shall
H
IT

review the documents so submitted for compliance with the

N

requirements of the Contract. Non-compliance noted shall be brought

A

to the attention of the Contractor for action.

AK
AR

Protection 4.18 Add the following paragraph at the end of paragraph two;
of the The Contractor shall apply the recommendations of the Environmental
TH

Environme and Social Management & Monitoring Plan (‘ESMMP’) as detailed in

nt the NEMA License and the ESIA Report in respect of this project as
well as any others contained in the Employer’s Requirements, in respect
of safety, security and protection of the environment.

The Contractor shall request written confirmation from the Employer

that actions requiring completion by the approved Resettlement Action
Plan (‘RAP’) have been completed before construction is initiated on
the Works or each Section (as the case may be). The Contractor shall
also immediately notify the Engineer of any land acquisition or
resettlement needs resulting from the design or Works that have not
been addressed by the RAP. No work shall commence in any such

92 | P a g e
Section VI. Conditions of Particular Application VI-93

newly identified area without the approval of the Employer's

Representative.

The Contractor shall implement health and safety requirements of the

approved EMPs and directives issued as a result of periodic inspections
to be undertaken as part of the supervisory role required of the
Employer's Representative, to ensure compliance with the requirements
of the EMPs.

The Contractor shall be responsible for ensuring that all Sub

Contractor’s and Contractor’s Personnel understand and operate in
accordance with the principles and requirements of the environmental
and social impacts provisions of this Sub-Clause and that the same

LY
standards apply to the Sub-Contractor’s environmental and social

N
impacts management systems and environmental and social impacts

O
performance.

W
IE
The Contractor’s program shall demonstrate clearly the procedures and

-V
methods of working that the Contractor and its Sub-Contractors will

T
adopt to comply with the environmental and social impacts
requirements of this Sub-Clause.
EN
M
N

The Contractor shall ensure the adequate disposal of construction and

R

excavation wastes.
VE
O

The Contractor shall restore the Site to original conditions or to a state

G

as set out in the Employer’s Requirements after the completion of the

TY

Works.”
N
U

Progress 4.21 Monthly progress reports shall be prepared by the Contractor and
O
IC

Report submitted to the Employer three (3 No.) copies in spiral bound form
and 10 No. CD soft copies in MS Windows editable format unless
H

otherwise stated in the Contract.

IT
N

5. DESIGN
A

5.1
AK

General Add at the end of sub-clause 5.1 (General Design Obligation) the
Design following paragraph
AR

Obligations The Employer's Requirements shall be kept in view in the preparation

TH

of detailed design and deliverables. The Contractor shall produce

detailed drawings and design calculations and other supporting data
following his own Site investigations and findings to prepare a suitable
design for the Works. The Contractor shall bear the full responsibility
to the adequacy of his design. The obligations of indemnity bond are
covered by the performance security. The scope of work included in
the detailed design to which the Contractor shall be responsible is as
described in the Employer’s Requirements. The cost of the Detailed
Design is included in the accepted Contract Price.

The Contractor undertakes that the designers shall be available to attend

discussions with the Employer at all reasonable times, until the

93 | P a g e
Section VI. Conditions of Particular Application VI-94

expiry date of the relevant Defect Notification Period.

The detailed design is to be prepared and submitted to the Employer

keeping in view Employer's requirements along with the Standard
specifications for Roads and Bridge Construction in Kenya.

Contractor' 5.2 Add following paragraph to sub clause 5.2

s The Contractor shall be required to submit the following
Documents reports/documents to the Employer's Representative during the
construction and at the completion of the Works for approval or otherwise
as a routine submission.

LY
Three (3 No.) hard copies

N
1. Programme of Work within period stated in Appendix to Tender.

O
2. Design Report

W
3. Final Drawings

IE
4. Monthly & Quarterly Progress Report

-V
5. EIA Report

T
6. Preliminary Materials Investigation Report
EN
7. As-built Drawings, including cross-sections and cross drainage
M
structures
N

8. Final Construction & Maintenance Report, including Maintenance

R

Manuals
VE

9. Any other reports as shall be required by the Employer.

O
G

No extra cost will be paid to the Contractor for detailed design drawings
TY

and needed site investigation. These costs are deemed to be included in

N

the accepted Contract Price.

U
O
IC

Technical 5.4 Add the following paragraph at the end of paragraph two;
H

Standards
IT
N

and The design, construction and tests shall comply with relevant technical
A

Regulation standard (a copy is separately provided), which is widely used in Kenya

AK

s for A-class Road.

AR

The design and construction under this Contract shall be undertaken in

TH

accordance with the latest standards and design guidance issued by the
Ministry responsible for Roads in Kenya as listed below, and any other
material stated elsewhere in the Contract especially under the
Employer’s requirements:
• Road Design Manual, Part I; “Geometric Design of Rural
Roads”, January 1979
• Road Design Manual, Part III; “Materials and Pavement Design
for New Roads”, August 1987
• Road Design Manual, Part IV; “Bridge Design”, August 1993
• Proposed Manual for Traffic Signs in Kenya,

94 | P a g e
Section VI. Conditions of Particular Application VI-95

o Part I, “Road Markings” and,

o Part II, Manual for Traffic Signs in Kenya, June1975
•
Traffic surveys shall generally be carried out following the
guidelines and recommendations of the TRL Overseas Road Note 40:
A guide to axle load surveys and traffic counts for determining traffic
loading on pavements, TRL Ltd, Crowthorne, Berkshire, UK 2004.

The Environmental and Social Impact Assessment (ESIA) study will be

in accordance with the Environmental Management and Co- ordination
Act (EMCA), 1999 and the Environmental (Impact Assessment and

LY
Audit) Regulations, 2002.

N
O
The safety audit shall be carried out in accordance with the Road Safety

W
Audit Manual/guidelines of the Government of Kenya and any other

IE
internationally accepted standards and as agreed with the Employer.

-V
T
EN
M
N
R
VE
O

6. STAFF AND LABOUR

G
TY

Working 6.5 Add the following paragraphs at the end of sub-clause (c)
Hours If the Contractor requests permission to work on locally recognized days
N
U

of rest, or outside normal working hours, then if the Employer shall grant
O

such permission, the Contractor shall not be entitled to any additional

IC

payments for so doing. All such work shall be carried out without
H

unreasonable noise or other disturbance and the Contractor shall

IT

indemnify the Employer from and against any liability for damages on
N

account of noise or other disturbance created while or in carrying out all

A

such work and from and against all claims, demands, proceedings, costs,
AK

charges and expenses whatsoever in regard or in relation to such liability.

AR
TH

In addition the Contractor shall provide, where applicable, adequate

lighting and other facilities so that the work is carried out safely and
properly.

In the event of the Employer granting permission to the Contractor to

work on locally recognized days of rest, or outside normal working hours,
the Contractor shall be required to meet any additional costs to the
Employer in the administration and supervision of the Contract arising
from the granting of this permission.”

Health and 6.7 Add the following paragraphs at the end of paragraph three;
Safety The Contractor shall conduct an HIV-AIDS awareness program in the

95 | P a g e
Section VI. Conditions of Particular Application VI-96

project areas as required by the approved ESMMP via an approved

service provider, and shall undertake such other measures as are specified
in the Contract to reduce the risk of the transfer of the HIV virus between
and among the Contractor’s Personnel and the local community, to
promote early diagnosis and to assist affected individuals.”

The Contractor shall at all times take the necessary precautions to protect
all staff and labour employed on the Site from insect nuisance, rats, and
other pests and reduce the dangers to health and the general nuisance
caused by the same. The Contractor shall provide his staff and labour with
suitable prophylactics for the prevention of malaria and shall take steps
to prevent the formation of stagnant pools of water. He shall comply with
all the regulations of the local health authorities in these respects and shall

LY
in particular arrange to spray thoroughly with approved insecticide all

N
buildings erected on the Site.

O
Such treatment shall be carried out at least twice a year or as instructed

W
by the Employer's Representative. The Contractor shall warn his staff and

IE
labour of the dangers of bilharzia and wild animals.

-V
T
In the event of any outbreak of illness of an epidemic nature, the
EN
Contractor shall comply with and carry out such regulations, orders, and
M
requirements as may be made by the government or the local medical or
N

sanitary authorities for the purpose of dealing with and overcoming the
R

same.
VE
O
G

Contractor’ 6.8 Add the following paragraphs at the end of paragraph two;
TY

s All Contractors’ Superintendence shall have a working knowledge of

N

Superinten English.
U

dence
O

Contractor’ 6.9
IC

Add the following at the end of paragraph two;

s Personnel Unless otherwise stated in the Appendix to Tender, the Contractor may
H

bring in to the Country any foreign personnel who are necessary for the
IT
N

execution of the Works and the maximum number of foreign personnel

A

shall not exceed twenty percent of his key personnel. The Contractor shall
AK

ensure that these personnel are provided with the required visas and work
AR

permits. The Employer will, if requested by the Contractor, use his best
endeavours in a timely and expeditious manner to assist the Contractor in
TH

obtaining any local, state, national, or government permission required

for bringing in the Contractor’s personnel.

The Contractor shall be responsible for the return of these personnel to

the place where they were recruited or to their country of domicile. In the
event of the death in the Country of any of these personnel or members
of their families, the Contractor shall be responsible for making the
appropriate arrangements for their return or burial.”

The Contractor shall not employ any child to perform any work that is
economically exploitative, or is likely to be hazardous to, or to interfere
with, the child's education, or to be harmful to the child's health or

96 | P a g e
Section VI. Conditions of Particular Application VI-97

physical, mental, spiritual, moral, or social development.

Contractor’s engagement of local personnel shall give preference to

locals from within the project location. While recruiting the rest of the
personnel, the staff recruited should represent the face of Kenya.

Records of 6.10 Add the following at the end of paragraph one;

Contractor’ The Personnel details/records shall include the names, ages, genders,
s Personnel hours worked and wages paid to all workers. These records shall be
and available for inspection by Employer’s Representatives and or auditors
Equipment or parties authorized by the Employer during normal working hours.

Burial of 6.12 Add new Sub-Clause 6.12

LY
the Dead Any employee, who has died while working on site or met a fatal accident

N
while engaged upon the Works, shall be provided all necessary facilities

O
for burial as per the applicable Laws.

W
IE
Outbreak 6.13 Add new Sub-Clause 6.13

-V
of In the event of any outbreak of illness of an epidemic nature, the

T
Epidemics Contractor shall comply with and carry out such regulations, orders, and
EN
requirements as may be made by the government or the local medical or
M
sanitary authorities for the purpose of dealing with and overcoming the
N

same.
R
VE

Trade in 6.14 Add new Sub-Clause 6.14

O

Drugs The Contractor shall not, otherwise than in accordance with the Statutes,
G

Ordinances, and Government Regulations or Orders for the time being in

TY

force, import, sell, give, barter, or otherwise dispose of any drugs, or

N

permit or suffer any such importation, sale, gift, barter, or disposal by his
U

subcontractors, agents, staff, or labour.

O
IC

Arms and 6.15 Add new Sub-Clause 6.15

H
IT

Ammunitio The Contractor shall not give, barter, or otherwise dispose of, to any
N

n person or persons, any arms or ammunition of any kind or permit or

A

suffer the same as aforesaid.

AK

Festivals 6.17 Add new Sub-Clause 6.17

AR

and The Contractor shall, in all dealings with his staff and labour, have due
Religious regard to all recognized festivals, days of rest, and religious and other
TH

Customs customs.

8. COMMENCEMENT, DELAYS AND SUSPENSION

Time for 8.2 Add new Sub-Clause 8.2
Completio "The work shall be planned and executed as per provision of Clause 8.3
n with particular attention to the milestones to be achieved as per this
program in 24 months and as shown in the Appendix to Form of Tender.".

Programme 8.3 Add new paragraph at the end of Sub-Clause 8.3

Submitted
Cash Flow Estimate

97 | P a g e
Section VI. Conditions of Particular Application VI-98

A suitable estimate of funds requirements shall be provided by the

Contractor to manage cash flow operation.
Extension 8.4 Add (d) after (c)
of Time for (d) when encountering exceptionally adverse climatic conditions
Completio
n
Delay 8.7 Unless otherwise stated in the Appendix to Tender, The sum referred to in
Damages second sentence shall be 0.02% of the Contract Price as delay damages in
respect of the Works, payable per day in the proportion of the currencies
in which the Contract Price is payable. The maximum amount of delay
damages shall be ten percent (10%) of the Contract Price stated in the
Contract Agreement.

LY
N
10. EMPLOYER’S TAKING OVER

O
W
Taking 10.2 For the purpose of this sub-clause, the Works shall not be taken over in

IE
Over of parts or sections and passage of traffic through completed section of the

-V
Parts of the Works before Test on Completion are carried out as per clause 10 (Test on
Works Completion) and taking over certificate issued as per sub-clause 10.1

T
(Taking Over of Works and Sections) shall not constitute the use of Works
EN
by the Employer and by extension Employers taking over the Works.
M
N
R
VE

11. DEFECTS LIABILITY

O

Performanc 11.9 Add the following paragraph after the first paragraph and delete
G

e subsequent paragraphs.
TY

Certificate
N

The Defects Notification Period shall be 24 calendar months. At the

U

completion of the Defects Notification Period the Employer shall

O
IC

constitute an inspection and acceptance committee comprising of

Employer's Representatives from the various technical functions. The
H

Committee shall conduct a detailed inspection of the Works to ascertain

IT
N

the issuance of Defect Liability Certificate. The committee formed shall

A

complete its assignment within 28 days of the completion of the Defects

AK

Liability Period failing which, the Performance Certificate shall be

AR

deemed to have been issued in twenty eight (28) days on the expiry the
Defect Notification Period.
TH

13. VARIATIONS AND ADJUSTMENTS

Variation 13.3 The valuation for variations shall be based on the rates available in the
Procedure Contract. In case this rate cannot be derived in this manner, the
Employer's Representative has the option to analyse the rates and pay it
on market rate basis plus Contractor's overheads and profit.

Daywork 13.6 The Contractor shall provide a daywork schedule which shall be
included in the Contract.

98 | P a g e
Section VI. Conditions of Particular Application VI-99

Adjustment 13.7 Delete the Sub-Clause 13.7 and replace with the following
for changes If, after the Base Date, there occur in Kenya changes to any National or
in State Statute, Ordinance, Decree or other law or any regulation or by-
Legislation law of any local or other duly constituted authority, or the introduction
of any such State Statute, Ordinance, Decree, Law, regulation or by-law
which causes additional or reduced cost, to the Contractor, other than
under sub clause 13.8 hereof in the execution of the Contract, such
additional or reduced cost shall, after due consultation with both sides,
be assessed and be paid by or credited to the Employer and the Contract
Price adjusted accordingly.

Adjustment 13.8 In this Sub-Clause, “table of adjustment data” means the completed table
s for of adjustment data included in the Appendix to tender. If there is no such

LY
changes in table of adjustment data, this Sub-Clause shall not apply.

N
costs

O
If this Sub-Clause applies, the amounts payable to the Contractor shall

W
be adjusted for rises or falls in the cost of labour, Goods and other inputs

IE
to the Works, by the addition or deduction of the amounts determined by

-V
the formulae prescribed in this Sub-Clause. To the extent that full

T
compensation for any rise or fall in Costs is not covered by the provisions
EN
of this or other Clauses, the Contract Price shall be deemed to have
M
included amounts to cover the contingency or other rises and falls in
N

costs.
R

The adjustment to be applied to the amount otherwise payable to the

VE

Contractor, as valued in accordance with the appropriate Schedule and

O

certified in Payment Certificates shall be determined from formulae for

G

each of the currencies in which the Contract Price is Payable. No

TY

adjustment is to be applied to work valued on the basis of Cost or current

N

prices. The formulae shall be of the following general type:

U
O
IC

Pn = a + b Ln + c En + d Mn + …………
H

Lo Eo Mo
IT
N
A

Where:
AK

“Pn” is the adjustment multiplier to be applied to the estimated

AR

Contract value in the relevant currency of the work carried out in

TH

period “n” this period being a month unless otherwise stated in the
Appendix to Tender;

“a” is a fixed coefficient, stated in the relevant table of adjustment

data, representing the non-adjustable portion in contractual payments;

“b” , “c” , “d” , …… are coefficients representing the estimated

proportion of each cost element related to the execution of Works, as
stated in the relevant table of adjustment data; such tabulated cost
elements may be indicative of resources such as labour, equipment
and materials;

99 | P a g e
Section VI. Conditions of Particular Application VI-100

“Ln”, “En” , “Mn” , …are the current cost indices on reference prices
for period “n”, expressed in the relevant currency of payment, each of
which is applicable to the relevant tabulated cost element on the date
49 days prior to the last day of the period (to which the particular
Payment Certificate relates); and

“Lo” , “Eo” , “Mo”….are the base cost indices or reference prices,

expressed in the relevant currency of payment, each of which is
applicable to the relevant tabulated cost element on the Base Date.

The cost indices or reference prices stated in the table of adjustment data

LY
shall be used. If their source is in doubt, it shall be determined by the

N
Employer. For this purpose, reference shall be made to the values of the

O
indices at stated dates (quoted in the fourth and fifth columns respectively

W
of the table) for the purposes of clarification of the source; although these

IE
dates (and thus these values) may not correspond to the base cost indices.

-V
T
In cases where the “Currency of index” (stated in the table) is not the
EN
relevant currency of payment, each index shall be converted to the
M
relevant currency of payment at the selling rate, established by the central
N

bank of the Country, of this relevant currency on the above date for which
R

the index is required to be applicable.

VE
O

Until such time as each current cost index is available, the Employer shall
G

determine a provisional index for the issue of Interim Payment

TY

Certificates. When a current cost index is available, the adjustment shall

N

be calculated accordingly.
U
O

If the contractor fails to complete the Works within the time for
IC

Completion, adjustment of prices thereafter shall be made using either

H

(i) each index or price applicable on the date 49 days prior to the expiry
IT
N

of the Time for Completion of the Works, or (ii) the current index or
price: whichever is more favourable to the Employer.
A
AK

The weightings (coefficients) for each of the factors of cost stated in the
AR

table(s) of adjustment data shall only be adjusted if they have been

TH

rendered unreasonable, unbalanced or inapplicable, as a result of

Variations.

14. CONTRACT PRICE AND PAYMENT

The 14.1
Contract Amend Sub-Clause 14.1(a) to read
Price The Employer's Representative, or his assistant(s), shall agree or
determine the percentage of physical Works of the Project which have

100 | P a g e
Section VI. Conditions of Particular Application VI-101

been completed as per activity schedule in accordance with sub-clause

3.5 of Conditions of Contract for EPC/Turnkey Projects, FIDIC-1999.

Advance 14.2 For the purpose of this sub-clause, the amount of the advance payment
Payment shall be ten percent (10%) of the Contract Price stated in the Contract
Agreement payable in not more than four (4) instalments in the
currencies and proportions in which the Contract Price in payable unless
otherwise stated in the Appendix to Tender.

The advance payment repayments are through percentage deductions in

payment certificates. Unless other percentages are stated in the Appendix
to Tender:
(a) Deductions shall commence in the Payment Certificate in which the

LY
total of all certified interim payment (excluding the advance payment

N
and deductions and repayments of retention) exceeds ten percent

O
(10%) of the Contract Price stated in the Contract Agreement less

W
provisional sum; and

IE
(b) Deductions shall be made at the amortization rate of one quarter

-V
(25%) of the amount of each Payment Certificate (excluding the

T
advance payment and deductions and repayments of retention) in the
EN
currencies and proportions of the advance payment, until such time
M
as the advance payment has been repaid.
N
R

14.3 For the purpose of sub-clause (c) the amount to be deducted for Retention
VE

Applicatio shall be five percent (5%) of the amount of each payment certificate
O

n for (excluding the advance payment and deductions) up to a limit of ten

G

Interim Percent (10%) of the Contract price indicated in the Contract Agreement
TY

Payments in the currencies and proportions in which the Contract Price is payable
N

unless otherwise stated in the Appendix to Tender.

U
O
IC

Whenever the Employer's Representative requires any part of the Works

H

to be measured, 48 hours notice shall be given to the Contractor's

IT
N

Representative, who shall:

• Promptly either attend or send another qualified representative to
A
AK

assist the Employer's Representative in making the measurement, and

• Supply any particulars requested by the Employer's Representative.
AR

If the Contractor fails to attend or send a representative, the

TH

measurement made by (or on behalf of) the Employer's Representative

shall be accepted as accurate.

In case of disagreement, the Contractor shall notify the Employer's

Representative with his reasons for the same. The Employer's
Representative shall review the records and either confirm or vary them.
Failure to notify within 28 days shall be construed as the record being
accepted as accurate.

Schedule 14.4 For the purpose of this sub-clause, the Contractor shall include in the
of Appendix to Tender a schedule of payments specifying the instalments

101 | P a g e
Section VI. Conditions of Particular Application VI-102

Payments in which the Contact Price shall be paid against set milestones or based
on the plan work progress.
The amount of retention shall be stated in Appendix to Tender
Plant and 14.5 For the purpose of this sub-clause, the Contractor shall not be entitled to
Materials an interim payment for Plants and Materials intended for the Works
Intended which are not yet on site.
for the
Work

Timing of 14.7 Substitute new Sub-Clause 14.7

Payment The Employer shall pay to the Contractor the amount due to the
Contractor under any Interim or Final Payment Certificate issued by the
Employer's Representative pursuant to this Clause, or to any other term

LY
of the Contract, shall, subject to Clause 8.7, be paid by the Employer to

N
the Contractor as follows:

O
(A) in the case of Interim Payment Certificates, within 90 days

W
after the Contractor's interim statement has been submitted to

IE
the Employer's Representative.

-V
(B) in the case of the Final Payment Certificate pursuant to Sub-

T
Clause 14.11, within 90 days after the Final Statement and
EN
written discharge have been submitted to the Employer's
M
Representative for certification.
N

(C) upon the request from Contractor to measure the percentage of

R

physical progress of completion of Works, the Employer's

VE

Representative shall response promptly and approve, if true,

O

within 14 days.
G

Currencies 14.15 Unless otherwise stated in the Appendix to Tender, The currency of
TY

of Payment account shall be the Local Currency (Kenya shillings) and all payments
N

made in accordance with the Contract shall be in Local Currency (Kenya

U

Shillings).
O
IC

17. RISK AND RESPONSIBILITY

H

Limitation 17.6 For the purposes of this sub-clause, the limit of liability shall not exceed
IT

of Liability the Contract Price unless otherwise stated in the Appendix to tender.
N

18. INSURANCE
A
AK

Source of 18.1 Add new paragraph at end of Sub-Clause 18.1

AR

Insurance The Contractor is required to place all insurance relating to the Contract
(the insurance referred to in Clauses 18.2, 18.3, and 18.4) with insurers
TH

approved by the Employer as jointly insured in the manner stated in

General Conditions.
The Contractor shall within 42 days from the Date of Commencement
submit to the Employer:
a) evidence that the insurance described in this clause (18) have been
effected and
b) copies of the policies of insurance described in sub-clause 18.2,
18.3 & 18.4., submitted to the Employer.

General 18.1 Periods for showing evidence shall be 28 days.

Requireme
nts for

102 | P a g e
Section VI. Conditions of Particular Application VI-103

Insurance
Insurance 18.2 Add following new paragraph at the end of Sub-Clause 18.2
for Works
and The insurances shall indemnify
Contractor' a) the Employer and the Contractor against loss or damage as provided
s in the details of insurance annexed to these Conditions from the first
Equipment working day after the Date of Commencement until the date of issue
of the Taking Over Certificate in respect of the Works or any sections
or a part thereof as the case may be; and

b) the Contractor for his liability

i) during the Defects Liability Period for loss or damage arising
from a cause occurring prior to the commencement of Defects

LY
Notification Period.

N
O
ii) caused by the Contractor in the course of any operations carried
out by him for the purpose of complying with his obligations

W
IE
under Defects Liability Period.

-V
It is the responsibility of the Contractor to notify the insurance company

T
of any changes in the nature and extent of the Works and to ensure the
EN
adequacy of the insurance coverage at all times during the period of the
M
Contract.
N
R
VE

20. CLAIMS, DISPUTES AND ARBITRATION

O
G

Appointment 20.2 The DAB shall comprise of three suitably qualified Dispute
TY

of Dispute Adjudicators. Each member of the DAB shall be fluent in the language
N

Adjudication for communication defined in sub-clause 1.4 (Law and Language) and
U

Board shall either be a professional experienced in the type of Works being

O
IC

undertaken and/or in the interpretation of contractual documents.

H

The DAB shall be three-member Board.

IT
N

Failure to 20.3 The appointing entity shall be Chartered Institute of Arbitrators (Kenya)
A

Agree
AK

Dispute
AR

Adjudication
Board
TH

Arbitration 20.6 Sub-Clause 20.6 items a, b and c after third line are deleted and
replaced with following wording:

103 | P a g e
Section VI. Conditions of Particular Application VI-104

All disputes arising out of or in connection with the present Contract

shall be finally settled under the latest rules of arbitration of
International Chamber of Commerce (downloadable from website
www.iccwbo.org/court/arbitration/rules.asp) by one or more arbitrators
appointed in accordance with the said rules. This Clause stipulates that:
The Law As per Clause 1.4 in COC Part-II
Governing the
Contract
The number of Three (one for small disputes detailed
Arbitrators hereunder)
The Place of It is to be agreed by the parties. When this
Arbitration place has not been agreed, it is to be fixed

LY
by ICC court which is normally in a neutral

N
O
country (that is neither the Claimant's nor

W
the respondent's country.)

IE
For Small disputes, ICC's "Guidelines for arbitrating small claims" shall

-V
be followed. This stipulates under Article 14(2), 15.1 & 32.1 of ICC rules

T
to conduct any discussion of procedural issues by correspondence or
EN
electronically without a hearing thereby eliminating travel time and costs
M
under one arbitrator appointed by ICC court.
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

104 | P a g e
Section VI. Conditions of Particular Application VI-105

Annex A: Additional Provisions

A) General Provisions

Capitalized terms that are used but not defined in this Annex shall have the meaning given to them
in the GCC.

B) Insurance

The Contractor shall obtain insurance, performance bonds, guarantees or other protections
appropriate to cover against risks or liabilities associated with performance of this Contract. The
Contractor shall be named as payee on any such insurance and the beneficiary of any such

LY
performance bonds and guarantees. The Employer shall be named as additional insured on any
such insurance or other guarantee, to the extent permissible under applicable Laws. The Contractor

N
O
shall ensure that any proceeds from claims paid under such insurance or any other form of

W
guarantee shall be used to replace or repair any loss or to pursue the procurement of the covered

IE
goods, Works and services; provided, however, such proceeds shall be deposited in an account as

-V
designated by the Employer.

T
C) Conflict of Interest
EN
M
The Contractor shall ensure that none of its officers, directors, employees, affiliates, Contractors,
N

subcontractors, agents, advisors or representatives engage in any activity which is, or gives the
R
VE

appearance of being, a conflict of interest in connection with this Contract. Without limiting the
foregoing, the Contractor shall comply, and ensure compliance, with the applicable conflicts of
O

interest and ethics policies of the Employer as provided by the Employer to the Contractor.
G
TY
N

a) Other Provisions
U
O
IC

The Contractor shall abide by such other terms or conditions as may be specified by the
Employer in connection with this Contract.
H
IT
N
A

b) Flow-Through Provisions
AK
AR

In any subcontract or sub award entered into by the Contractor, as permitted by this
Contract, the Contractor shall ensure the inclusion of all the provisions contained in paragraph
TH

(a) above.

105 | P a g e
Section VI. Conditions of Particular Application VI-106

Annex B: Appendix to Bid

The Conditions of Particular Application, including Annex A and this Annex B, shall supplement
the General Conditions of Contract. Whenever there is a conflict, the provisions in these
Conditions of Particular Application shall prevail over the General Conditions of Contract.

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

106 | P a g e
Section VII. Forms of Agreement and Security VII-107

SECTION VII

LY
N
FORMS OF AGREEMENT, PERFORMANCE SECURITY, AND

O
ADVANCE PAYMENT GUARANTEE

W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

107 | P a g e
Section VII. Forms of Agreement and Security VII-108

Letter of Acceptance
[letter head paper of the Employer]

[date]

To: [name and address of the Contractor]

LY
This is to notify you that your Bid dated [date] for execution of the [name of the Contract and
identification number, as given in the Bidding Documents] for the Accepted Contract Amount

N
O
of the equivalent of3 [amount in words and numbers] [name of currency], as corrected and

W
modified in accordance with the Instructions to Bidders, is hereby accepted by us in our capacity

IE
as Employer under the Contract.

-V
Within 28 days of your receipt of this Letter of Acceptance you are hereby instructed to forward
the Performance Security in accordance with sub-Clause 4.2 of the General Conditions of Contract,

T
using for that purpose the Form of Performance Bank Guarantee included in Section VII, of the

EN
Bidding Documents.

M
N
R
VE
O

Authorized Signature:
G
TY

Name and Title of Signatory:

N
U
O

[insert full legal name of the Employer]

IC
H
IT
N
A
AK
AR
TH

3 Delete “the equivalent of” if the Accepted Contract Amount is expressed wholly in one currency.

108 | P a g e
Section VII. Forms of Agreement and Security VII-109

Forms of Performance Security and Advance Payment Guarantee

Samples of acceptable forms of the Performance Security and the advance payment guarantee
follow. Bidders should not complete these forms at this time. Only the successful Bidder will be
required to provide Performance Security and a bank guarantee for advance payment in accordance
with the samples, or in similar forms acceptable to the Employer.

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

109 | P a g e
Section VII. Forms of Agreement and Security VII-110

Form of Performance Bank Guarantee

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: [Name and Address of Employer]

Date:

LY
N
O
PERFORMANCE GUARANTEE No.:

W
IE
-V
We have been informed that [name of Contractor] (hereinafter called the “Contractor”) has
entered into Contract No. [insert reference number of the Contract] dated [insert date] with

T
EN
you, for the execution of [name of Contract and brief description of Works] (hereinafter called
the “Contract”).

M
N
R
Furthermore, we understand that, according to the conditions of the Contract, a performance
VE

guarantee is required.
O
G

At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any
TY

sum or sums not exceeding in total an amount of [amount in figures] [amount in words], such
sum being payable in the currency in which the Contract Price is payable, upon receipt by us of
N

your first demand in writing accompanied by a written statement stating that the Contractor is in
U
O

breach of its obligation(s) under the Contract, without your needing to prove or to show grounds
IC

for your demand or the sum specified therein.

H
IT

This guarantee shall expire no later than twenty-eight (28) days from the date of issuance of the
N

Performance Certificate, calculated based on a copy of such Certificate which shall be provided to
A

us, or on the day of , 2 , whichever occurs first. Consequently, any demand for
AK

payment under this guarantee must be received by us at this office on or before that date.
AR
TH

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,
except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

[signature(s)]

110 | P a g e
 VII-111

Form of Bank Guarantee for Advance Payment

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: [Name and Address of Employer]

Date:

ADVANCE PAYMENT GUARANTEE No.:

LY
We have been informed that [name of Contractor] (hereinafter called the “Contractor”) has

N
O
entered into Contract No. [insert reference number of the Contract] dated [insert date] with

W
you, for the execution of [name of Contract and brief description of Works] (hereinafter called

IE
the “Contract”).

-V
Furthermore, we understand that, according to the conditions of the Contract, an advance payment

T
EN
in the sum [amount in figures] [amount in words] is to be made against an advance payment
guarantee.

M
N
R
At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any
VE

sum or sums not exceeding in total an amount of [amount in figures] [amount in words] upon
receipt by us of your first demand in writing accompanied by a written statement stating that the
O
G

Contractor is in breach of its obligation under the Contract because the Contractor used the advance
TY

payment for purposes other than the costs of mobilization in respect of the Works.
N

It is a condition for any claim and payment under this guarantee to be made that the advance
U
O

payment referred to above must have been received by the Contractor on its account number
IC

at [name and address of Bank].

H
IT

The maximum amount of this guarantee shall be progressively reduced by the amount of the
N

advance payment repaid by the Contractor as indicated in copies of interim statements or payment
A

certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
AK

receipt of a copy of the Interim Payment Certificate indicating that [ ]4 percent of the Contract
AR

Price has been certified for payment, or on the day of ,2 , whichever is earlier.
TH

Consequently, any demand for payment under this guarantee must be received by us at this office
on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

[signature(s)]

4 Thepercentage shown in the form of the advance payment guarantee shall match the percentage inserted in Sub- Clause 14.2 of
the Appendix to Bid.

111 | P a g e
 VII-111

SECTION VIII
EMPLOYER’S REQUIREMENTS
TERMS OF REFERENCE
1.0 Introduction
1.1 General
The County Government of Tharaka Nithi has earmarked funds through the Development Vote for use in the
upgrading of various roads to bitumen standards

Tharaka Nithi County Government shall require the design build contractor all technical and construction services
to ensure successful completion of the works.

LY
N
The requirements and recommendations of the Kenyan Roads Design Manuals relevant to the works form an

O
integral part of these Terms of Reference.

W
IE
1.2 Project Location

-V
The proposed Road is located within Tharaka-Nithi County. The proposed road is:

T
• Tunyai Nthaara road – 20 km
EN
The bidders are advised to visit site, ascertain actual site conditions, assess and propose the required intervention and
M
make necessary comments to the TOR before submitting their bids.
N

2.0 Study Objectives

R
VE

The roads are critical to promote and facilitate traffic movement within and around the target areas. The roads are
meant to increase mobility, improve access to goods/passenger transport services and reduce transport costs along
O

the routes, improve access to social and economic development opportunities along the routes by providing high
G

capacity infrastructure and to ensure no roadside communities become worse off as a result of the road up grading
TY

works.
N
U

The study will provide the decision makers in the County Government of Tharaka Nithi, with sufficient information
O

to construct the road to standards specified in the TOR.

IC
H

3.0 SCOPE OF WORK

IT

3.1 General
N

The Contractor shall perform all work necessary as called for in these Terms of Reference including all technical
A

studies, field investigations and related services. In carrying their work, the Contractor shall co-operate fully with the
AK

concerned agencies of the Government of Kenya, in particular the Tharaka Nithi County Government, Department of
AR

Transport and Infrastructure, Provincial Administration, Ministry of Lands and Kenya Urban Roads Authority
amongst others. The Contractor shall provide the necessary support services related to and necessary for the
TH

completion of the assignment. The work shall cover but not be limited to the aspects outlined in these Terms of
Reference.

112 | P a g e
The Contractor shall be required to carry out Works in three distinctive phases as follows:
(i) Feasibility Study and Preliminary Design;
 VII-111

(ii) Detailed Engineering Design; and

(iii) Construction
Construction of permanent Works shall not proceed until the detailed engineering design of the
said work has been approved by the Employer.

Description

The study shall consist of: -

3.2 Stage 1 – Preliminary Engineering Design
a) Review of the existing data on the proposed road project and social and economic activities in the project study
area;

LY
b) Collection of social, environmental, and physical data that is necessary to assist in the design of the project road;

N
c) Preliminary Materials Investigations for Pavement Design using relevant design standards including preliminary

O
costs estimates and implementation schedule;

W
d) Preliminary Engineering survey and design work for the optimum alignment and design standards including

IE
preliminary costs estimates and implementation schedule;

-V
e) Carrying out an environmental and social impact assessment study of the project area in relation to the proposed

T
project.
3.3 Stage 2 – Detailed Engineering Design EN
M
N

After comments and approval of the preliminary design by the County Government (Department of Roads and
R

Infrastructure), the Contractor shall carry out a detailed engineering survey and design including engineering cost
VE

estimates, materials investigations and tender documents for the selected alignment and design standards for the
O

roads.
G
TY

4.0 DETAILED SCOPE OF WORK

N

4.1 General
U
O

4.1.1 The Contractor shall perform all engineering and environmental analyses and related work as described
IC

herein to attain the objective of the study.

H
IT

4.1.2 The overall responsibility for administrative and coordination of the study rests with the County
N

Government of Tharaka Nithi (Department of Roads and Infrastructure). The execution of the study will be the
A

direct responsibility of the Department of Roads and Infrastructure.

AK

4.1.3 In the conduct of his work, the Contractor shall cooperate fully with the Department of Roads and
AR

Infrastructure of the County Government, Ministry of Transport, Infrastructure, Housing and Urban Development
TH

(MoTIHUD), County and National Governments, Ministry of Lands amongst others. The Contractor shall be
responsible for the analysis and interpretation of all data received, and the conclusions and recommendations in his
report.
4.1.4 As the design progresses, the Contractor shall maintain close liaison with County Government of Tharaka
Nithi and shall submit for approval from time to time, according to the work programme, draft design proposals for
alignment, earthworks, pavement, structures, and other technical aspects of the design prior to proceeding with the
detailed design drawings.

4.2 PRELIMINARY DESIGN

General
Within the scope of the preliminary design, the Contractor shall conduct all topographical surveys, hydrological
113 | P a g e
studies, sub-surface soil exploration, material surveys, and other field and laboratory investigations that are required
for the examination of the proposed alignment and the location of suitable construction materials and water, and the
preliminary engineering design. This shall comprise, inter alia:
 VII-111

a) Topographical surveys, including cross-sections at 30m intervals, plans;

b) Hydrological and hydraulic studies;
c) Material testing, soil investigation, and pavement evaluation, to identify and test the appropriate road alignment.
d) Analysis of capacity of existing structures

Climate, Topography, Geology and Vegetation

4.2.2 The Contractor shall describe the climatic conditions of the study area by providing details of:
a) Rainfall (monthly distribution and intensity, including rain days per month);
b) Temperature (minimum, median, and monthly ranges throughout the year);
c) Other climatic features of importance (e.g. wind, erosion, effects of extreme temperatures on the
selected pavement materials and drainage structures) to infrastructure.

LY
4.2.3 The Contractor shall provide a topographical description of the area traversed by the road, including the

N
effects of relief on the vertical alignment.

O
4.2.4 A catalogue of the relevant geological features of the study area including a description of the soils and

W
rocks along the road’s alignment and their effect and influence on such factors as route location and design shall

IE
be compiled by the Contractor. The influence of geology and the availability of road construction materials and

-V
water are to be regarded as of great importance by the Contractor. The Contractor shall provide, as far as
possible, the information on the quantities, quality and potential sources of water required for construction

T
purposes. Basic water abstraction requirements as per Ministry of Water and NEMA should be adhered to.
EN
4.2.5 A description of the type and density of the vegetation as well as existing and potential agricultural land
M
use within the study area, shall be provided by the Contractor.
N
R
VE

Hydrology and Drainage Investigations

O

4.2.6 The Contractor shall provide a complete description of the hydrological features of the area, including:
G

information about soils drainage along the alignments, such as sub-soils drains ability, drainage impedance,
TY

flooding of flat areas, etc., characteristics of required water crossings.

N

4.2.7 Sufficient information shall be obtained by the Contractor based upon the guidelines provided in the Road
U
O

Design Manuals and Supplemented by other relevant sources of information to justify, and provide the basis for
IC

the preliminary engineering design of all drainage systems and structures, and for preliminary costing purposes.
H

The Contractor shall be fully responsible for obtaining all the data and information necessary for him to carry
IT

out hydrological and drainage investigations and designs

N
A

Drainage Structures
AK

4.2.8.1 The Contractor shall provide complete inventory and condition survey of all existing structures within
AR

the alignment. The information shall include the type of structure, whether a bridge, a box culvert, Armco
TH

culverts, timber bridge or masonry bridge.

4.2.8.2 Sufficient details on the condition survey on the existing drainage structures shall be provided; that
includes crack width and the distribution, condition of bridge bearings and any other structural deterioration.

The Contractor shall carry out flood estimate to ascertain the capacity of the existing structures and advice
whether there is need for any replacement.

The Contractor shall carry out materials test on the existing structures and compute durability index that will
enable the Client make a decision on whether or not to replace the structure with a new one.

The details required to facilitate the decision making on the existing structures shall be submitted at Preliminary
design stage.
114 | P a g e
 VII-111

Traffic Analysis

4.2.9 The Contractor shall determine the type and volume of the existing traffic for the road by analyzing all
existing statistical data, and by conducting and analysing such traffic counts and origin-destination studies as are
required to determine the nature of the traffic and the present volume of freight and passenger movements on the
road. Other field investigations shall be undertaken by the Contractor as required.

Traffic surveys, shall be done for one week duration comprising day counts with at least two night counts.

4.2.10 Based on the analysis, the Contractor shall make:

i. detailed annual traffic forecasts for a period of ten years after the completion of the road; and

ii. more general projections of future traffic for the following 10 years.

Although greater emphasis is given to accurate forecasting in the earlier part of the project’s life, all traffic

LY
forecasts shall be given at three growth rates, namely low, medium and high. The Contractor shall select one of
the three levels of forecasts for use in the final evaluation of the project, indicating the reasons for the selection,

N
O
and shall also use the other two levels in the sensitivity analysis.

W
Preliminary Soil Investigation and Pavement Evaluation

IE
-V
4.2.11 The Contractor shall undertake all preliminary soil investigations and tests and identify type and sources
of construction materials necessary for preliminary design, detailed design, and construction phases of the

T
project. These sources should be taken into account when selecting final alignments.
EN
M
The Contractor shall carryout an evaluation of the existing pavement, if any, and determine appropriate
N
intervention measures.
R
VE

4.2.12 The availability of suitable conventional road construction materials and the appropriate and economic
use of the same are viewed as key factors influencing the choice of alignment, pavement and wearing surface
O

design. The possibility for specific problems arising from the use of proposed materials which may be particular
G

to the area under study shall be assessed, quantified and appropriate countermeasures shall be recommended.
TY

The contractor shall identify possible material sites near and along the project road, preferably not more than
N

5km apart.
U
O

Design Standards
IC

4.2.13 The Design shall, unless otherwise agreed, be carried out in conformity with the standards as contained in
H
IT

the Roads Design Manuals Part I, III, IV, V, Pavement Design Guidelines PDG1 for Low Volume Sealed Roads
N

and the Standard Specification for Road & Bridge Construction. The Contractor shall be responsible for the
A

design details within this framework. The methodologies used in the design of pavements, earthworks drainage
AK

and structures, shall conform to the latest techniques while ensuring the use of available materials. At all times
balance must be made between capital and maintenance costs.
AR

4.2.14 The metric S.I. system shall be used throughout. The standards for design of different types of roads and
TH

bridges as stipulated in the relevant Roads Design Manuals and specifications shall be adhered to where
possible, and adequate explanations given where different standards are recommended.

4.2.15 The Contractor shall investigate alternative alignments, pavement and structural proposals with a view to
obtaining the optimum solution complying with the Road Design manuals, topography, climate, aesthetics and
costs. Further the Contractor shall suggest ways and means of resolving any unusual problem that might arise
and not covered by above mentioned manuals in the light of conditions revealed during the preliminary design
work.

115 | P a g e
 VII-111

4.2.16 Based on Traffic Studies and projections, and geotechnical tests, the Contractor shall develop preliminary
design standards for the road project, and shall ascertain the merits and drawbacks of each to determine the final
standard to be adopted for the road, whose design life should be taken as 15 years. It will be necessary for the
Contractor to provide comparative data for construction and maintenance costs for the different design standards
considered, in order to support the final designs adopted for the project road.

4.2.17 The Contractor shall prepare during this design stage preliminary proposals for the road alignment,
pavements and structural work including all waterway dimensions for the approval of the Chief Officer (Roads
and Infrastructure). The Draft Design work shall include but not be limited to: -

• Preparation of maps showing the alignment alternatives. The maps shall be prepared in scale 1:5000/1:500
and critical cross-section drawings to scale 1:200. Accuracies shall comply with the road design manual.

• An analysis of land usage proposals or other likely developments that may take place along the road
alignment, which may affect the layout of the road. The usage shall be considered by the Contractor in preparing

LY
his preliminary report.

N
4.2.18 The metric S.I. system shall be used throughout. The standards for design of different types of roads and

O
bridges as stipulated in the relevant Roads Design Manuals and specifications shall be adhered to where

W
possible, and adequate explanations given where different standards are recommended.

IE
-V
Environmental and Social Impact Assessment

T
4.2.21 The Contractor shall conduct analyses which shall detail the positive and negative effects of the

EN
development of the project on the environment, and prepare an ESIA report recommending appropriate solutions
to minimize any undesirable effects resulting from improvements of the road. The analyses shall include, but not
M
limited to the following:
N
R
VE

a) The role of the project in the development plans at national and regional level;
O

b) Description of project baseline environment

G
TY

c) Preservation of areas and land use of particular value including agricultural and, natural conservation areas,
forests and other important natural resources, cultural and historic sites, etc;
N
U

d) Assessment of direct impact on agriculture and forestry, particularly the utilization of the fuel wood and
O

water;
IC
H

e) Disturbance of vegetation, and plans for re-vegetation;

IT
N

f) The prevention of soil erosion and sedimentation;

A
AK

g) The presentation of health hazards arising from ponding water and pollution of water courses and/or sources;
AR

h) Measures for the rehabilitation of construction materials, borrow pits and quarries;
TH

i) Health and sanitation for the road construction labour units;

j) Assessment of the impact on demographic factors including the prevention of undesirable roadside
developments and recommend regulations and measures to limit negative impact on adjacent communities and
areas.

k) Identify potential environmental impacts that could result from the project

l) Occupational Safety and Health concerns

m) Carry out public participation and consultations on the positive and negative impacts of the project

116 | P a g e
 VII-111

n) Propose Mitigation Measures to the identified environmental and social impacts

o) Development of Environmental Management and Monitoring Plan (EMMP)

The Environmental Impact Assessment (EIA) study will be in accordance with the Environmental Management and
Co-ordination Act (EMCA), 1999 and the Environmental (Impact Assessment and Audit) Regulations, 2002.

The contractor will assist the client in following up and obtaining the approval and the NEMA licence.

4.3 STAGE 2: DETAILED ENGINEERING DESIGN

4.3.1 After approval of the preliminary design of the project by the Client the Contractor shall proceed with the
Detailed Engineering Design for the of the project structure, complete with cost estimates and bidding documents
on the basis of standards agreed upon with the Chief Officer Roads and Infrastructure.
These shall be as required for the Government to call for tenders and in such further detail as may be required for
the construction work to be carried out by contract. The detailed Engineering Design work shall include but not be

LY
limited to:

N
a) Staking out in the field the approved alignment: field survey of cross sections at regular 20 metres intervals

O
or 10 metres where the terrain is difficult and as the Chief Officer Roads and Infrastructure so directs. If this

W
field survey proves the necessity of amendments in the alignment, the Contractor shall propose such

IE
amendment and re-stake the centerline.

-V
b) Preparation of plan and profile drawings containing the approved alignment done to an appropriate scales

T
whose original and design levels are legible. Contour lines shall be at 2m vertical intervals. The accuracy
shall comply with the Road Design Manual.
EN
M
c) Tacheometry survey and preparation of site plans of all major structures and major junctions to the scale
N

1:500 with 0.5m contour intervals.

R
VE

d) The coordinates of all intersection points shall be tied to the National Survey Grid, (UTM) and levels related
O

to the National Bench Marks.

G

e) Field survey and laboratory investigation of the materials along the proposed alignment in order to determine
TY

the suitability of these materials for road formation and/or pavement construction. Further survey and
N

investigation of potential borrow pits and quarries for earthworks and pavement construction as specified in
U

the Road Design Manual Part III. Preparation of a Materials Report with sufficient detailed information and
O

test results from the above and including pavement design and appropriate recommendations.
IC

Field surveys.
H
IT

4.3.2 The Contractor shall carry out the necessary surveys in order to establish the specific alignment and to
N

determine the accurate centerline for a corridor. No major deviations from the alignment recommended in the
A

preliminary engineering study shall be made without the approval of the Chief Officer. The contractor shall be
AK

responsible for the accuracy of all survey data and established benchmarks.
AR

4.3.3 The alignment shall be connected to the National Grid System (U.T.M) by establishing a trigonometric and
polygon network along the proposed road. This network shall be connected to the Survey of Kenya data, preferably
TH

data of the first order. To this end a secondary network of trigonometrical points (T.P) shall be established with side
lengths of approximately 150 metres to the primary network.
4.3.4 The Contractor shall then carry out all the works necessary for the detailed design of the proposed works,
for the estimation of quantities to an accuracy of +/- 10% of final quantities as measured on completion of the
works, excluding any approved variations of the contract, and preparation of bidding documents suitable for
competitive bidding.

117 | P a g e
 VII-111

4.3.5 The following engineering investigations shall be carried out:-

a. Ground reconnaissance survey to locate the position of the roads.

b. Concreted beacons shall be firmly sited, referenced and shall be as agreed by the C O Roads and
Infrastructure.
c. The geometric characteristics of the centre-line shall be computed and defined. Staking out data will also be
given for points at the regular intervals along the curves and the longer tangent alignments. Vertical
alignments will be defined and computed. The contractor shall be responsible for the accuracy of the setting
out data up to the pre-construction stage and will be required to set out the road with the client’s surveyor.
d. Detailed site investigations and hydrological surveys shall be carried out at the bridge site including a
sufficient length upstream and downstream to enable the hydraulic design of the structure to be carried out.
All topographical surveys undertaken by the Contractor shall be to generally accepted international standards
for such work, and after approval by the C O Roads, shall become recorded in standard survey field books
that shall become the property of the Government at the completion of the work.
e. Land acquisition reports and drawings in the format prescribed by the C O Roads and Infrastructure.

LY
Soils and Materials Investigation

N
O
4.3.6 A review shall be made of all existing relevant data followed by a general Study of the soils and materials

W
along the route. The Contractor shall make detailed soils investigations along the road alignment in accordance with

IE
the Road Design Manual Part III.

-V
4.3.7 Boring (or any similar methods) shall be carried out along the proposed alignment to determine rock surface
levels.

T
EN
4.3.8 At bridge sites and for other major structures, sub-surface conditions shall be investigated by trenching, hand
M
auguring, and/or drilling as required including the taking of undisturbed samples. Seismic investigation shall be
N
carried out if considered necessary by the Contractor. Allowable bearing pressures of sub-surface stratum shall be
R

determined at proposed foundation levels of structures.

VE

4.3.9 Investigation for sources of construction materials for pavement structures shall also be carried out, and sites
O

of suitable materials surveyed and shown in the engineering plans. Analysis and testing shall be carried out as
G

required on the construction materials, in accordance with the Road Design Manual part III.
TY

4.3.10 Construction samples shall be tested as per Road Design Manual Part III.
N
U

4.3.11 Soil and materials borrow areas shall be prepared showing exact locations of all construction materials
O

available with an indication of their quantities.

IC

4.3.12 Hydrological studies shall be carried out on all drainage structures by use of available maps and field
H

investigation.
IT
N

Drainage and Bridge Site Investigation

A

4.3.13 The catchment area, run-off coefficient, hydraulic slope and Design flood discharge for the appropriate
AK

return period shall be determined for each drainage structure, and the corresponding water level established.
AR

4.3.14 Cross-sections and gradients of water courses shall be surveyed to determine the design of proper drainage
TH

and erosion control of the roadway and the protection of slopes.

Geometric Design Requirements

4.3.15 The horizontal alignment of the road centreline shall be determined by study of the optimum alignment
between control points specified as a result of the engineering investigations. Points at even increments of lengths
of 20 metres along the centreline, tangent points, and such other critical points as shall be required, shall be fully
defined relative to stations on the baseline by coordinates and offsets suitable for setting out the centreline. All
points shall be coordinated to the National Survey Grid System (UTM) to which the road shall be referenced.
Cross-sections shall be taken along the length of the road centreline and levelled at each 20 metres and at any local
abnormalities in topography.
118 | P a g e
 VII-111

4.3.16 The vertical alignment shall take into account the design standard adopted, while optimizing the earth works
involved. There shall be coordination between horizontal and vertical alignments to the extent possible. Due
consideration shall be given to road safety standards in carrying out these designs, e.g. excessively long straights in
the design of the horizontal alignment and ensuring balanced design between horizontal and vertical curves.
4.3.17 The design shall incorporate all the environmental aspects identified in the preliminary design and the
Contractor shall investigate whether there might be any possible impact on the environment, and make proposals
for remedial measures.
Earthworks and pavements
4.3.18 Engineering analysis shall be undertaken using the results of the soils and the materials tests, to determine
the gradients of the slopes, compaction requirements, pavement design, and other engineering treatment dictated by
the natural materials.
Construction Water
The Contractor shall review existing sources and shall identify additional supplies of construction water and on this

LY
basis shall provide information on the quantities and quality of the water required and available for construction.

N
When it is determined that surface water is unavailable, the contractor shall carryout ground water surveys

O
W
Engineering Plans

IE
The Contractor shall prepare the following engineering plans for the project, using a format and title sheets as

-V
required by the C O Roads and Infrastructure the originals becoming the property of the Government:
a. Plan and Profile, scales, 1:2,500 and 1:250 showing natural ground levels; horizontal and vertical curve

T
details; running chainages; cross-section chainages; side drain location; description and reference to all
EN
drainage and bridge works location of benchmarks; location of road furniture; contour lines superimposed on
M
plans; any other relevant information approved by the C O Roads and Infrastructure
N

b. Typical cross-sections, scales 1:25 showing: all details of road cross-sections in cut and fills; side drains;
R

pavement thickness, camber, super-elevation; and pavement widening.

VE

c. Cross-section, scale 1:50 showing: natural ground levels superimposed with the road prism at selected
O

locations to be agreed upon with the C O Roads and Infrastructure.

G

d. Major structures: detailed engineering design plans shall be produced at appropriate scales for all bridge
TY

structures, including, inter-alia, contoured site plans, sub-structure and foundation details, protective or
ancillary works, and bar bending schedule.
N
U

Construction Quantities
O
IC

The calculated quantities for the items of construction shall be based on the final design drawings. The earth works
quantities shall be derived from calculations based on the field cross-sections taken along centreline and is in
H
IT

accordance with accepted methods of measurement, which shall be agreed with the CO Roads and Infrastructure.
N

A detailed Bills of Quantities shall be prepared generally corresponding to the relevant sections of the Standard
A

Specification, and including contingencies and escalation of price elements.

AK

In order to assist in evaluating the required construction period and forward budget needs, the Contractor shall
AR

prepare a construction schedule for the proposed construction contract showing the anticipated annual expenditure.
TH

Due account shall be taken of the climatic and other conditions of the area which may have an influence on the
REPORT AND TIME SCHEDULE
Commencement
The Contractor shall commence the works as specified in the conditions of contract.
Reports
The Contractor shall prepare and submit to the C O Roads and Infrastructure the following reports. All reports shall
be in English and prepared on A4 metric size paper and be submitted together with soft copies on CDROM.
Stage 1: Preliminary Design
a) Inception Report: – 10 copies.
119 | summarize
This shall Page initial findings and give proposals covering methodologies of the preliminary engineering
studies, and the detailed work plan for the contract of the preliminary design.
b) Preliminary Design Report– 10 copies
 VII-111

This shall incorporate all revisions deemed necessary arising from comments received from the Chief Officer
following discussions and agreement between him and the Contractor from time to time. It shall include a concise
executive summary in which the project design standards and cost estimates shall be shown clearly.
Stage 2: Detailed Engineering Design
a) Draft Final Report:
This shall summarize the findings, analyses, results and recommendations of the detailed engineering design, and
shall contain all supporting material.
The following draft documents shall be submitted to the C O for his approval, prior to the production of
Final Documentation:
Draft Final engineering Report 10 Copies
Draft Final Materials Report, 10 Copies
Draft Final Book of drawings (A3 size), 10 Copies

LY
Draft Tender Documents, 10 Copies

N
O
All Draft documents shall be clearly marked as such, preferably in red on the cover of each document and on each

W
separate drawing. The date of submission shall also be printed on the cover.

IE
b) Final Report:

-V
This shall incorporate all revisions deemed necessary arising from comments received from the chief officer

T
following discussions and agreement between him and the Contractor.

EN
Preparation of the final documentation shall include the following numbers of reports and drawings, which shall be
M
submitted to the Employer:
N
R

- Final Engineering Report: - 10 copies

VE

- Final Materials Report - 10 copies.

O

- Final Book of Drawings A3 size - 5 Copies

G
TY

- Tender Document including Bills of Quantities, Special Specifications, Conditions of Contract, Instructions to
Tenderers and Conditions of Tender, all as necessary for the proper solicitation of tenders 5 copies
N
U

- Computer output of all setting out data - 3 copies

O
IC

- As built Drawings after construction 2 copies

H
IT

All documents must be submitted with 2 copies of CD/DVD-Rom, and the data must be in the original editable
N

format of the computer programme/software which created it or any other form that shall be requested by the
A

Client.
AK
AR
TH

120 | P a g e
 VII-111

SUMMARY FOR RREQUIRED WORKS

• Upgrading of the roads to bitumen standards
• Construction of major structures along the roads
• Maintenance of existing roads during construction period
• Management and control of traffic during construction period
• Provision and erection of road furniture and road markings and other miscellaneous
Works
• Any other Works as may be instructed by the Employer’s Representative or as agreed
between the Contractor and the Employer.

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

121 | P a g e
 VII-111

Provisional Sums
The following provisional sums shall be included in the financial bid:
S.No. Provisional Sum Amount ( Ksh.)
1. Allow Prime Cost (P.C.) sum of KES 5,000,000 for off-road 500,000
environmental mitigation measures to be used as directed by the
Engineer

2. Allow a Prime Cost (P.C) sum for Employer’s Representative Staff 500,000
training.
3. Allow a Prime Cost (P.C) sum for relocation of Services 1,000,000

LY
4. Provisional Sum for Employer’s Nominated Service Provider for 500,000

N
provision of HIV/AIDS programme and gender sensitisation

O
awareness and monitoring

W
5 Allow a prime cost sum for attendance to the employers representatives 1,000,000

IE
Including overtime and allowances

-V
6 Allow a prime cost sum for Employers miscellaneous account 500,000

T
Total EN
M
N

4,000,000
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

122 | P a g e
 VII-111

6.1.1 Dayworks
The Contractor shall provide a Daywork schedule as per the General Conditions of the Contract and
any amendments thereof in the Condition of Particular Application. The day work schedule shall
form part of the Contract.

6.1.2 Schedule of Payments

The Schedule of Payments shall be as detailed in the Particular Conditions and Appendix to tender.

LY
N
O
W
IE
-V
T
EN
M
N
R
VE
O
G
TY
N
U
O
IC
H
IT
N
A
AK
AR
TH

114 | P a g e