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KeNHA 2839 2025 Kakamega Airstrip Shinyalu Chepsonoi

The Kenya National Highways Authority (KeNHA) invites bids for upgrading the Kakamega Airstrip – Shinyalu – Chepsonoi (B12) road to bitumen standards, with eligibility for construction companies registered in Category 1 or equivalent. Bidders must meet several mandatory requirements, including valid licenses, tax compliance, and a tender security of Kshs 20,000,000. The tender documents are available for free download, and a pre-tender site visit is mandatory for bidders.

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Yasin Asil
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0% found this document useful (0 votes)
98 views292 pages

KeNHA 2839 2025 Kakamega Airstrip Shinyalu Chepsonoi

The Kenya National Highways Authority (KeNHA) invites bids for upgrading the Kakamega Airstrip – Shinyalu – Chepsonoi (B12) road to bitumen standards, with eligibility for construction companies registered in Category 1 or equivalent. Bidders must meet several mandatory requirements, including valid licenses, tax compliance, and a tender security of Kshs 20,000,000. The tender documents are available for free download, and a pre-tender site visit is mandatory for bidders.

Uploaded by

Yasin Asil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
You are on page 1/ 292

TENDER NO.

KeNHA/2839/2025

TENDER DOCUMENT FOR UPGRADING TO


BITUMEN STANDARDS OF KAKAMEGA
AIRSTRIP – SHINYALU – CHEPSONOI (B12)
ROAD

JANUARY 2025

DIRECTOR DEVELOPMENT DIRECTOR GENERAL


KENYA NATIONAL HIGHWAYS KENYA NATIONAL HIGHWAYS
AUTHORITY AUTHORITY
P.O. BOX 49712-00100 P.O. BOX 49712-00100
NAIROBI NAIROBI

Page 1 of 292
Contents
SECTION I INVITATION TO TENDER ................................................................................4
PART 1 TENDERING PROCEDURES.......................................................................................8
SECTION II - INSTRUCTIONS TO TENDERERS ............................................................ 9
SECTION III - TENDER DATA SHEET (TDS).................................................................28
SECTION IV- EVALUATION AND QUALIFICATION CRITERIA .......................................32
SECTION V - TENDERING FORMS ..............................................................................54
FORM ELI-1.1- TENDERER INFORMATION FORM ...................................................55
FORM ELI- 1.2- TENDERER JV INFORMATION ........................................................56
FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS..............................57
FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR
SOURCES ................................................................................................................59
FORM OF TENDER ..................................................................................................60
FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING
LITIGATION AND LITIGATION HISTORY ...................................................................81
FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES
................................................................................................................................82
FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE ....................................83
FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE ................................84
FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER..........................88
FORM FIN - 3.3: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS ..89
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE ....................................90
FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE ...........................................................................................................91
FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES..................93
TECHNICAL PROPOSAL ...........................................................................................95
FORM OF TENDER SECURITY - DEMAND GUARANTEE ........................................129
PART 2 - WORKS' REQUIREMENTS ....................................................................................................... 130
SECTION VI - BILLS OF QUANTITIES ........................................................................131
SECTION VII - SPECIFICATIONS .................................... Error! Bookmark not defined.
SECTION VIII - DRAWINGS ....................................................................................... 174
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS ...... Error! Bookmark not defined.
SECTION IX CONDITIONS OF CONTRACT, PART I -GENERAL CONDITIONS ...... Error!
Bookmark not defined.
SECTION X CONDITIONS OF CONTRACT, PART II -CONDITIONS OF PARTICULAR
APPLICATION Error! Bookmark not defined.
SECTION XI - CONTRACT FORMS ............................................................................. 267
FORM NO. I - NOTIFICATION OF INTENTION TO AWARD ......................................268
FORM NO. 2 - NOTIFICATION OF AWARD .............................................................. 271
FORM NO. 3 – CONTRACT AGREEMENT................................................................ 272

Page 2 of 292
FORM NO. 4 - PERFORMANCE SECURITY ............................................................. 273
FORM NO. 6 - ADVANCE PAYMENT SECURITY ...................................................... 275
FORM NO. 7 - RETENTION MONEY SECURITY ...................................................... 277
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM ................................ 278

Page 3 of 292
SECTION I INVITATION TO TENDER

Page 4 of 292
TENDER No. KeNHA/2839/2025

UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI


(B12) ROAD

The Kenya National Highways Authority (KeNHA) is a State Corporation established under the Kenya
Roads Act, 2007, with the responsibility for the management, development, rehabilitation and
maintenance of national roads.
The Authority invites bids from eligible construction companies registered with the National
Construction Authority (NCA) in Category 1 or equivalent for foreign contractors (however the
successful tenderer shall register with the NCA before the signing of the contract) for the UPGRADING
TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD to be
funded through the Government of Kenya Development Fund.

SCOPE OF WORK
The scope of works shall be as described in the tender document.
QUALIFICATION FOR TENDERING
Mandatory Requirements
The following MUST be submitted together with the bid;
1. Copy of Certificate of Incorporation or Certificate of Compliance for Foreign Contractors.
2. Copy of Valid Annual Practicing Licence with the National Construction Authority in the class
specified above for Citizen Contractors.
3. Copy of Valid Tax Compliance Certificate
4. Copy of a recent CR12 form (or its equivalent for international firms) issued by the Registrar
of Companies, showing the list of directors and ownership structure. The CR12 form must be
dated not earlier than six (6) months from the bid submission deadline.
5. Bidders must sequentially serialize all pages for each bid document submitted.
6. The tender must be accompanied by a Kenya Shillings Twenty Million Only (Kshs
20,000,000) Tender Security.

Other Requirements
As specified in the tender documents, covering the following: -

1. Similar previous experience.


2. Equipment holding as per Appendix 1.
3. Professional and technical personnel.
4. Current work load, Litigation history and Current Sworn Affidavit (i.e. dated within three
months of the tender opening date)

5. Eligibility
a. Director (s) bidding under different companies for the same tender shall be
disqualified
b. Director (s) bidding under different companies should not participate in more than
Two (2) tenders
c. Only those bidders registered in the NCA 1 category (as indicated in the tender
document) shall bid as a Single Domestic bidder or its equivalent in case of Foreign
Contractors.
d. Bidders to comply with Section 157 of the Public Procurement and Asset Disposal Act, 2015
(PPADA, 2015) on participation of candidates in preference and reservations
Page 5 of 292
e. Bidders with history of Non-performance (e.g., failure to complete the projects in the last three
(3) Financial Years, notice of termination or termination of contracts in the last three (3)
Financial Years will be disqualified.
f. For Joint Ventures (JV), evidence of a duly executed Joint Venture Agreement by all parties,
clearly stating obligations and liabilities, must be submitted.

1. Additional Notes

i. Joint Ventures (JV)


• In the case of a JV, all mandatory requirements must be met by all JV partners.
• For domestic JV partners, the NCA category requirements shall be NCA 1,2, or 3.
• Additionally, the JV partners shall provide an executable JV agreement with parties
nominating a Contractor’s Representative. The agreement shall also include clear
dispute resolution mechanism.
ii. Procurement Method:
• Procurement shall be based on the post qualification method, and the above details
must be submitted with the priced bid.
iii. Document Verification
• All submitted documents may be verified with the issuing agencies to confirm their
authenticity.
• KeNHA reserves the right to verify all submitted documents.
iv. Canvassing
• Any form of canvassing will lead to disqualification.

There shall be a mandatory pre-tender site visits as specified in the detailed tender notice as uploaded
onto the KeNHA website.

NOTE:
Every Bidder shall be represented by one Technical Person with a Minimum qualification of a
Bsc/Btech in Civil/Highway Engineering. The Individual SHALL bring along the following in hard
copies:
1. Original ID/Passport and a CERTIFIED Copy
2. CERTIFIED copy of Degree Certificate
3. CERTIFIED Copy of Registration Certificate and proof of current subscription by Engineers
Board of Kenya (EBK) / Institute of Engineers of Kenya (IEK)
4. Original Introductory letter bearing the Company letterhead and an Official Stamp authorizing
them to represent them in the specific pre-tender site visit/Pre-Tender Conference. The letter
shall be duly signed. Photocopies or any other media shall not be accepted.
• The copies of ID/Passport, Academic Certificates, Professional Registration Certificate,
proof of current subscription SHALL be certified by commissioner of oaths or Notaries
public
• All the above documents shall be retained by the Procuring Entity’s and may be verified
later for authenticity.
One (1) person shall only represent one (1) company per Tender.
The detailed tender notice is available in the KeNHA website and Public Procurement Information
Portal (PPIP). Clarifications and Questions may be sent to [email protected] as indicated in
the Tender Notice.
NOTE:
1. Every bidder shall make their own arrangements to familiarize themselves with the site
conditions and the Road and its features.
2. Clarity on Serialization of Tender Documents by Prospective Bidders

Page 6 of 292
Please note that all pages of the tender documents submitted by bidders shall be sequentially
serialized numerically that is; 1,2,3,4,5…etc. The serialization shall be undertaken by the
bidder, by doing fresh numbering on its documents. The pagination of the tender documents
as downloaded from the KeNHA website should not be used as a means of Serialization. The
bidder’s serialization should follow the same logical sequence from the first page to the end.

Interested eligible candidates may obtain further information and inspect tender documents from the
Kenya National Highways Authority Headquarters, Barabara Plaza as detailed in the detailed Advert,
during normal working hours.

A complete set of tender documents may be obtained by interested tenderers from the Kenya National
Highways Authority website: www.kenha.co.ke or PPIP portal: www.tenders.go.ke free of charge.
Bidders are encouraged to download tender documents to minimise physical visits to KeNHA
Headquarters Office.

Completed tender documents are to be enclosed in plain sealed envelope clearly marked with tender name,
reference number and submitted to: -
The Deputy Director, Supply Chain Management
Kenya National Highways Authority
Barabara Plaza,
Jomo Kenyatta International Airport (JKIA), Nairobi, Off Mazao Road,
Block C - 2nd Floor Board Room
or
deposited in the Tender Box at the reception area, KeNHA - Block C - 2nd Floor Board Room so as to be
received on or before the date and time indicated in the Tender Notice.
All interested bidders are required to continually check the Kenya National Highways Authority website:
www.kenha.co.ke for any tender addendum/addenda or clarifications that may arise before submission
date.
Tenders will be opened immediately thereafter in the presence of Tenderers/Representatives who wish to attend
at the Kenya National Highways Authority Headquarters, Barabara Plaza, Jomo Kenyatta International
Airport (JKIA), Nairobi, Off Mazao Road, Block C - 2nd Floor Board Room.

Deputy Director, Supply Chain Management


For: DIRECTOR GENERAL

Page 7 of 292
PART 1 TENDERING PROCEDURES

Page 8 of 292
SECTION II - INSTRUCTIONS TO TENDERERS

A. GENERAL PROVISIONS
1. Scope of Tender

The Procuring Entity as defined in the Appendix to Conditions of Contract invites tenders for Works
Contract as described in the tender documents. The name, identification, and number of lots (contracts)
of this Tender Document are specified in the TDS.

2. Fraud and Corruption

2.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset
Disposal Act, 2015, Section 62 “Declaration not to engage in corruption”. The tender submitted by a
person shall include a declaration that the person shall not engage in any corrupt or fraudulent practice
and a declaration that the person or his or her sub-contractors are not debarred from participating in
public procurement proceedings.

2.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010, regarding
collusive practices in contracting. Any tenderer found to have engaged in collusive conduct shall be
disqualified and criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be
required to complete and sign the “Certificate of Independent Tender Determination” annexed to the
Form of Tender.

2.3 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub-
consultants, service providers, suppliers, and their personnel, to permit the Procuring Entity to inspect
all accounts, records and other documents relating to any initial selection process, pre-qualification
process, tender submission, proposal submission, and contract performance (in the case of award), and
to have them audited by auditors appointed by the Procuring Entity.

2.4 Unfair Competitive Advantage -Fairness and transparency in the tender process require that the firms
or their Affiliates competing for a specific assignment do not derive a competitive advantage from
having provided consulting services related to this tender. To that end, the Procuring Entity shall
indicate in the Data Sheet and make available to all the firms together with this tender document all
information that would in that respect give such firm any unfair competitive advantage over competing
firms.

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject to ITT
3.8, or an individual or any combination of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a letter of intent. In
the case of a joint venture, all members shall be jointly and severally liable for the execution of the
entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who
shall have the authority to conduct all business for and on behalf of any and all the members of the JV
during the tendering process and, in the event the JV is awarded the Contract, during contract
execution. Members of a joint venture may not also make an individual tender, be a subcontractor in a
separate tender or be part of another joint venture for the purposes of the same Tender. The maximum
number of JV members shall be specified in the TDS.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse, their business associates or agents and firms/organizations in which they
have a substantial or controlling interest shall not be eligible to tender or be awarded a contract. Public
Officers are also not allowed to participate in any procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any tenderer found to have a conflict of interest shall
be disqualified. A tenderer may be considered to have a conflict of interest for the purpose of this

Page 9 of 292
tendering process, if the tenderer:
a) Directly or indirectly controls, is controlled by or is under common control with another tenderer;
or
b) Receives or has received any direct or indirect subsidy from another tenderer; or
c) Has the same legal representative as another tenderer; or
d) Has a relationship with another tenderer, directly or through common third parties, that puts it in
a position to influence the tender of another tenderer, or influence the decisions of the Procuring
Entity regarding this tendering process; or
e) Any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the goods or works that are the subject of the tender; or
f) any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as a
consultant for Contract implementation; or
g) Would be providing goods, works, or non-consulting services resulting from or directly related
to consulting services for the preparation or implementation of the contract specified in this
Tender Document; or
h) Has a close business or personal relationship with senior management or professional staff of the
Procuring Entity who has the ability to influence the bidding process and:
i) are directly or indirectly involved in the preparation of the Tender document or specifications
of the Contract, and/or the Tender evaluation process of such contract; or
ii) May be involved in the implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner acceptable to the Procuring
Entity throughout the tendering process and execution of the Contract.

3.4 A tenderer shall not be involved incorrupt, coercive, obstructive or fraudulent practice. A tenderer
that is proven to have been involved in any of these practices shall be automatically disqualified.

3.5 A Tenderer (either individually or as a JV member) shall not participate in more than one Tender,
except for permitted alternative tenders. This includes participation as a subcontractor in other Tenders.
Such participation shall result in the disqualification of all Tenders in which the firm is involved.
Members of a joint venture may not also make an individual tender, be a subcontractor in a separate
tender or be part of another joint venture for the purposes of the same Tender. A firm that is not a
tenderer or a JV member may participate as a subcontractor in more than one tender.

3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT3.9. A
Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
incorporated or registered in and operates inconformity with the provisions of the laws of that country,
as evidenced by its articles of incorporation (or equivalent documents of constitution or association)
and its registration documents, as the case may be. This criterion also shall apply to the determination
of the nationality of proposed subcontractors or sub-consultants for any part of the Contract including
related Services.

3.7 A Tenderer that has been debarred from participating in public procurement shall be ineligible to tender
or be awarded a contract. The list of debarred firms and individuals is available from the website of
PPRA www.ppra.go.ke.

3.8 A Tenderer that is a state-owned enterprise or a public institution in Kenya may be eligible to tender
and be awarded a Contract(s) only if it is determined by the Procuring Entity to meet the following
conditions, i.e. if it is:
i) A legal public entity of Government and/or public administration,
ii) financially autonomous and not receiving any significant subsidies or budget support from any
public entity or Government, and
iii) Operating under commercial law and vested with legal rights and liabilities similar to any
commercial enterprise to enable it compete with firms in the private sector on an equal basis.

3.9 Firms and individuals shall be ineligible if their countries of origin are:
Page 10 of 292
a) as a matter of law or official regulations, Kenya prohibits commercial relations with that country, or
b) by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods or
contracting of works or services from that country, or any payments to any country, person, or
entity in that country.

A tenderer shall provide such documentary evidence of eligibility satisfactory to the Procuring Entity, as
the Procuring Entity shall reasonably request.

3.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in supplies,
local subcontracts and labor) from citizen suppliers and contractors. To this end, a foreign tenderer
shall provide in its tender documentary evidence that this requirement is met. Foreign tenderers not
meeting this criterion will be automatically disqualified. Information required to enable the Procuring
Entity determine if this condition is met shall be provided for this purpose in “SECTION III-
EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT4.10, a tender is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than 51 percent
ownership by Kenyan citizens. JVs are considered as foreign tenderers if the individual member firms
are not registered in Kenya or if are registered in Kenya and have less than 51 percent ownership by
Kenyan citizens. The JV shall not subcontract to foreign firms more than 10 percent of the contract
price, excluding provisional sums.

3.12 The National Construction Authority Act of Kenya requires that all local and foreign contractors be
registered with the National Construction Authority and be issued with a Registration Certificate before
they can undertake any construction works in Kenya. Registration shall not be a condition for tender,
but it shall be a condition of contract award and signature. A selected tenderer shall be given
opportunity to register before such award and signature of contract. Application for registration with
National Construction Authority may be accessed from the website www.nca.go.ke.

3.13 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture undertakings
which may prevent, distort or lessen competition in provision of services are prohibited unless they
are exempt in accordance with the provisions of Section 25 of the Competition Act, 2010. JVs will be
required to seek for exemption from the Competition Authority. Exemption shall not be a condition
for tender, but it shall be a condition of contract award and signature. A JV tenderer shall be given
opportunity to seek such exemption as a condition of award and signature of contract. Application for
exemption from the Competition Authority of Kenya may be accessed from the website
www.cak.go.ke.

3.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing a valid tax compliance or valid tax certificate issued by the Kenya Revenue
Authority.

4. Eligible Goods, Equipment, and Services

4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any country
that is not ineligible under ITT3.9. At the Procuring Entity's request, Tenderers may be required to
provide evidence of the origin of Goods, equipment and services.

4.2 Any goods, works and production processes with characteristics that have been declared by the
relevant national environmental protection agency or by other competent authority as harmful to
human beings and to the environment shall not be eligible for procurement.

5. Tenderer's Responsibilities

5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her tender, and
the Procuring Entity will in no case be responsible or liable for those costs.

Page 11 of 292
5.2 The tenderer, at the tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the Site of the Works and its surroundings and obtain all information that may be necessary for
preparing the tender and entering into a contract for construction of the Works. The costs of visiting
the Site shall be at the tenderer's own expense.

5.3 The Tenderer and any of its personnel or agents will be granted permission by the Procuring Entity to
enter up on its premises and lands for the purpose of such visit. The Tenderer shall indemnify the
Procuring Entity against all liability arising from death or personal injury, loss of or damage to
property, and any other losses and expenses incurred as a result of the examination and inspection.

5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary
description of the proposed work method and schedule, including charts, as necessary or required.

B. CONTENTS OF TENDER DOCUMENTS

6. Sections of Tender Document

6.1 The tender document consists of Parts 1, 2, and 3, which includes all the sections specified below, and
which should be read in conjunction with any Addenda issued in accordance with ITT10.

PART 1: Tendering
Procedures Section I:
Instructions to Tenderers
Section II: Tender Data Sheet
(TDS)
Section III: Evaluation and Qualification
Criteria Section IV: Tendering Forms

PART 2: Works'
Requirements Section V:
Bills of Quantities Section
VI: Specifications Section
VII: Drawings

PART3: Conditions of Contract and Contract


Forms Section VIII: General Conditions
(GCC) Section IX: Particular Conditions of
Contract Section X: Contract Forms

6.2 The Invitation to Tender Notice issued by the Procuring Entity is not part of the Contract documents.

6.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the
completeness of the Tender document, responses to requests for clarification, the minutes of a pre-
arranged site visit and those of the pre-Tender meeting (if any), or Addenda to the Tender document
in accordance with ITT 10. In case of any contradiction, documents obtained directly from the
Procuring Entity shall prevail.

6.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the Tender
Document and to furnish with its Tender all information and documentation as is required by the
Tender document.

7. Clarification of Tender Document, Site Visit, Pre-Tender Meeting

7.1 Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in
writing at the Procuring Entity's address specified in the TDS or raise its enquiries during the pre-
Tender meeting if provided for in accordance with ITT 7.2. The Procuring Entity will respond in
writing to any request for clarification, provided that such request is received no later than the period
Page 12 of 292
specified in the TDS prior to the deadline for submission of tenders. The Procuring Entity shall forward
copies of its response to all tenderers who have acquired the Tender D documents in accordance with
ITT 7.4, including a description of the inquiry but without identifying its source. If so specified in the
TDS, the Procuring Entity shall also promptly publish its response at the web page identified in the
TDS. Should the clarification result in changes to the essential elements of the Tender Documents, the
Procuring Entity shall amend the Tender Documents following the procedure under ITT 8 and ITT
22.2.

7.2 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the site(s) of the required contracts and obtain all information that may be necessary for
preparing a tender. The costs of visiting the Site shall be at the Tenderer’s own expense. The Procuring
Entity shall specify in the TDS if a pre- arranged Site visit and or a pre-tender meeting will be held,
when and where. The Tenderer's designated representative is invited to attend a pre-arranged site visit
and a pre-tender meeting, as the case may be. The purpose of the site visit and the pre-tender meeting
will be to clarify issues and to answer questions on any matter that may be raised at that stage.

7.3 The Tenderer is requested to submit any questions in writing, to reach the Procuring Entity not later
than the period specified in the TDS before the meeting.

7.4 Minutes of a pre-arranged site visit and those of the pre-tender meeting, if applicable, including the
text of the questions asked by Tenderers and the responses given, together with any responses prepared
after the meeting, will be transmitted promptly to all Tenderers who have acquired the Tender
Documents. Minutes shall not identify the source of the questions asked.

7.5 The Procuring Entity shall also promptly publish anonymized (no names) Minutes of the pre-arranged
site visit and those of the pre-tender meeting at the web page identified in the TDS. Any modification
to the Tender Documents that may become necessary as a result of the pre-arranged site visit and those
of the pre-tender meeting shall be made by the Procuring Entity exclusively through the issue of an
Addendum pursuant to ITT 8 and not through the minutes of the pre-Tender meeting. Non-attendance
at the pre-arranged site visit and the pre-tender meeting will not be a cause for disqualification of a
Tenderer.
8. Amendment of Tender Documents

8.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend the
Tender Documents by issuing addenda.

8.2 Any addendum issued shall be part of the Tender Documents and shall be communicated in writing to
all who have obtained the Tender Documents from the Procuring Entity. The Procuring Entity shall
also promptly publish the addendum on the Procuring Entity's website in accordance with ITT 7.5.

8.3 To give Tenderers reasonable time in which to take an addendum into account in preparing their
Tenders, the Procuring Entity should extend the deadline for the submission of Tenders, pursuant to
ITT 22.2.

C. PREPARATION OF TENDERS

9. Cost of Tendering

The Tenderer shall meet all costs associated with the preparation and submission of its Tender, and the
Procuring Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome
of the tendering process.

10. Language of Tender

The Tender, as well as all correspondence and documents relating to the tender exchanged by the
tenderer and the Procuring Entity, shall be written in the English Language. Supporting documents and
printed literature that are part of the Tender may be in another language provided they are accompanied
Page 13 of 292
by an accurate and notarized translation of the relevant passages into the English Language, in which
case, for purposes of interpretation of the Tender, such translation shall govern.

11. Documents Comprising the Tender

11.1 The Tender shall comprise the following:


a) Form of Tender prepared in accordance with ITT 12;
b) Schedules including priced Bill of Quantities, completed in accordance with ITT 12 and ITT 14;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 19.1;
d) Alternative Tender, if permissible, in accordance with ITT 13;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit the
Tenderer, in accordance with ITT 20.3;
f) Qualifications: documentary evidence in accordance with ITT 17 establishing the Tenderer's
qualifications to perform the Contract if its Tender is accepted;
g) Conformity: a technical proposal in accordance with ITT 16;
h) Any other document required in the TDS.

11.2 In addition to the requirements under ITT 11.1, Tenders submitted by a JV shall include a copy of the
Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint
Venture Agreement in the event of a successful Tender shall be signed by all members and submitted
with the Tender, together with a copy of the proposed JV Agreement. Change of membership and
conditions of the JV prior to contract signature will render the tender liable for disqualification.

12. Form of Tender and Schedules

12.1 The Form of Tender and Schedules, including the Bill of Quantities, shall be prepared using the
relevant forms furnished in Section IV, Tendering Forms. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted except as provided under ITT 20.3. All
blank spaces shall be filled in with the information requested. The Tenderer shall chronologically
serialize all pages of the tender documents submitted.

12.2 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if any,
paid or to be paid to agents or any other party relating to this Tender.
13. Alternative Tenders

13.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.

13.2 When alternative times for completion are explicitly invited, a statement to that effect will be included
in the TDS, and the method of evaluating different alternative times for completion will be described
in Section III, Evaluation and Qualification Criteria.

13.3 Except as provided under ITT13.4 below, Tenderers wishing to offer technical alternatives to the
requirements of the Tender Documents must first price the Procuring Entity's design as described in
the Tender Documents and shall further provide all information necessary for a complete evaluation of
the alternative by the Procuring Entity, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction methodology and other relevant details.
Only the technical alternatives, if any, of the Tenderer with the Winning Tender conforming to the
basic technical requirements shall be considered by the Procuring Entity.

13.4 When specified in the TDS, Tenderers are permitted to submit alternative technical solutions for
specified parts of the Works, and such parts will be identified in the TDS, as will the method for their
evaluating, and described in Section VII, Works' Requirements.

14. Tender Prices and Discounts

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14.1 The prices and discounts (including any price reduction) quoted by the Tenderer in the Form of Tender
and in the Bill of Quantities shall conform to the requirements specified below.

14.2 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities.
Items against which no rate or price is entered by the Tenderer shall be deemed covered by the rates
for other items in the Bill of Quantities and will not be paid for separately by the Procuring Entity. An
item not listed in the priced Bill of Quantities shall be assumed to be not included in the Tender, and
provided that the Tender is determined substantially responsive notwithstanding this omission, the
average price of the item quoted by substantially responsive Tenderers will be added to the Tender
price and the equivalent total cost of the Tender so determined will be used for price comparison.

14.3 The price to be quoted in the Form of Tender, in accordance with ITT 12, shall be the total price of the
Tender, including any discounts offered.

14.4 The Tenderer shall quote any discounts and the methodology for their application in the Form of
Tender, in accordance with ITT 12

14.5 It will be specified in the TDS if the rates and prices quoted by the Tenderer are or are not subject to
adjustment during the performance of the Contract in accordance with the provisions of the Conditions
of Contract, excepting cases where the contract is subject to fluctuations and adjustments, not fixed
price. In such a case, the Tenderer shall furnish the indices and weightings for the price adjustment
formulae in the Schedule of Adjustment Data and the Procuring Entity may require the Tenderer to
justify its proposed indices and weightings.

14.6 Where tenders are being invited for individual lots (contracts) or for any combination of lots
(packages), tenderers wishing to offer discounts for the award of more than one Contract shall specify
in their Tender the price reductions applicable to each package, or alternatively, to individual Contracts
within the package. Discounts shall be submitted in accordance with ITT 14.4, provided the Tenders
for all lots (contracts) are opened at the same time.

14.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause,
as of the date 30 days prior to the deadline for submission of Tenders, shall be included in the rates
and prices and the total Tender Price submitted by the Tenderer.

15. Currencies of Tender and Payment

15.1 The currency (ies) of the Tender and the currency (ies) of payments shall be the same.

15.2 Tenderers shall quote entirely in Kenya Shillings. The unit rates and the prices shall be quoted by the
Tenderer in the Bill of Quantities, entirely in Kenya shillings
a) A Tenderer expecting to incur expenditures in other currencies for inputs to the Works supplied
from outside Kenya (referred to as “the foreign currency requirements”) shall (if so allowed in
the TDS) indicate in the Appendix to Tender the percentage(s) of the Tender Price (excluding
Provisional Sums), needed by the Tenderer for the payment of such foreign currency
requirements, limited to no more than two foreign currencies.
b) The rates of exchange to be used by the Tenderer in arriving at the local currency equivalent and
the percentage(s) mentioned in (a) above shall be specified by the Tenderer in the Appendix to
Tender and shall be based on the exchange rate provided by the Central Bank of Kenya on the date
30 days prior to the actual date of tender opening. Such exchange rate shall apply for all foreign
payments under the Contract.

15.3 Tenderers may be required by the Procuring Entity to justify, to the Procuring Entity's satisfaction,
their local and foreign currency requirements, and to substantiate that the amounts included in the unit
rates and prices and shown in the Schedule of Adjustment Data in the Appendix to Tender are
reasonable, in which case a detailed breakdown of the foreign currency requirements shall be provided
by Tenderers.

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16. Documents Comprising the Technical Proposal

The Tenderer shall furnish a technical proposal including a statement of work methods, equipment,
personnel, schedule and any other information as stipulated in Section IV, Tender Forms, insufficient
detail to demonstrate the adequacy of the Tenderer's proposal to meet the work's requirements and the
completion time.

17. Documents Establishing the Eligibility and Qualifications of the Tenderer


17.1 Tenderers shall complete the Form of Tender, included in Section IV, Tender Forms, to establish
Tenderer's eligibility in accordance with ITT 4.
17.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish its qualifications to
perform the Contract the Tenderer shall provide the information requested in the corresponding
information sheets included in Section IV, Tender Forms.
17.3 If a margin of preference applies as specified in accordance with ITT33. 1, national tenderers,
individually or in joint ventures, applying for eligibility for national preference shall supply all
information required to satisfy the criteria for eligibility specified in accordance with ITT 33.1.
17.4 Tenderers shall be asked to provide, as part of the data for qualification, such information, including
details of ownership, as shall be required to determine whether, according to the classification
established by the Procuring Entity, a particular contract or group of contractors qualifies for a margin
of preference. Further the information will enable the Procuring Entity identify any actual or potential
conflict of interest in relation to the procurement and/or contract management processes, or possibility
of collusion between tenderers, and there by help to prevent any corrupt influence in relation to the
procurement process or contract management.
17.5 The purpose of the information described in ITT 17.2 above overrides any claims to confidentiality
which a tenderer may have. There can be no circumstances in which it would be justified for a tenderer
to keep information relating to its ownership and control confidential where it is tendering to undertake
public sector work and receive public sector funds. Thus, confidentiality will not be accepted by the
Procuring Entity as a justification for a Tenderer's failure to disclose, or failure to provide required
information on its ownership and control.
17.6 The Tenderer shall provide further documentary proof, information or authorizations that the Procuring
Entity may request in relation to ownership and control which information on any changes to the
information which was provided by the tenderer under ITT 6.4. The obligations to require this
information shall continue for the duration of the procurement process and contract performance and
after completion of the contract, if any change to the information previously provided may reveal a
conflict of interest in relation to the award or management of the contract.
17.7 All information provided by the tenderer pursuant to these requirements must be complete, current and
accurate as at the date of provision to the Procuring Entity. In submitting the information required
pursuant to these requirements, the Tenderer shall warrant that the information submitted is complete,
current and accurate as at the date of submission to the Procuring Entity.
17.8 If a tenderer fails to submit the information required by these requirements, its tenderer will be rejected.
Similarly, if the Procuring Entity is unable, after taking reasonable steps, to verify to a reasonable
degree the information submitted by a tenderer pursuant to these requirements, then the tender will be
rejected.
17.9 If information submitted by a tenderer pursuant to these requirements, or obtained by the Procuring
Entity (whether through its own enquiries, through notification by the public or otherwise), shows
any conflict of interest which could materially and improperly benefit the tenderer in relation to the
procurement or contract management process, then:
i) If the procurement process is still on going, the tenderer will be disqualified from the procurement
process,
ii) If the contract has been awarded to that tenderer, the contract award will be set aside,
iii) the tenderer will be referred to the relevant law enforcement authorities for investigation of
whether the tenderer or any other persons have committed any criminal offence.
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17.10 If a tenderer submits information pursuant to these requirements that is incomplete, inaccurate or out-
of-date, or attempts to obstruct the verification process, then the consequences ITT 17.8 will ensue
unless the tenderer can show to the reasonable satisfaction of the Procuring Entity that any such act
was not material, or was due to genuine error which was not attributable to the intentional act,
negligence or recklessness of the tender.

18. Period of Validity of Tenders

18.1. Tenders shall remain valid for the Tender Validity period specified in the TDS. The Tender Validity
period starts from the date fixed for the Tender submission deadline (as prescribed by the Procuring
Entity in accordance with ITT 22). A Tender valid for a shorter period shall be rejected by the
Procuring Entity as non-responsive.

18.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the Procuring Entity
may request Tenderers to extend the period of validity of their Tenders. The request and the responses
shall be made in writing. If a Tender Security is requested in accordance with ITT 19, it shall also be
extended for thirty (30) days beyond the deadline of the extended validity period. A Tenderer may
refuse the request without forfeiting its Tender security. A Tenderer granting their quest shall not be
required or permitted to modify its Tender.

19. Tender Security

19.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender
Security as specified in the TDS, in original form and, in the case of a Tender Security, in the amount
and currency specified in the TDS. A Tender-Securing Declaration shall use the form included in
Section IV, Tender Forms.

19.2 If a Tender Security is specified pursuant to ITT19.1, the Tender Security shall be a demand guarantee
in any of the following forms at the Tenderer's option:
i) cash;
ii) a bank guarantee;
iii) a guarantee by an insurance company registered and licensed by the Insurance Regulatory
Authority listed by the Authority; or
iv) a guarantee issued by a financial institution approved and licensed by the Central Bank of
Kenya, from a reputable source, and an eligible country.
19.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall
have a correspondent bank located in Kenya to make it enforceable. The Tender Security shall be
valid for thirty (30) days beyond the original validity period of the Tender, or beyond any period of
extension if requested under ITT 18.2.
19.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any Tender not
accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be
rejected by the Procuring Entity as non-responsive.
19.5 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security of unsuccessful Tenderers
shall be returned as promptly as possible upon the successful Tenderer's signing the Contract and
furnishing the Performance Security and any other documents required in the TDS. The Procuring
Entity shall also promptly return the tender security to the tenderers where the procurement
proceedings are terminated, all tenders were determined non-responsive or a bidder declines to extend
tender validity period.
19.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the
successful Tenderer has signed the Contract and furnished the required Performance Security, and
any other documents required in the TDS.
19.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Form of Tender, or any extension there to provided by the Tenderer; or
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b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 47; or
ii) furnish a Performance Security and if required in the TDS, and any other documents required in
the TDS.

19.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA
that PPRA debars the Tenderer from participating in public procurement as provided in the law.

19.9 The Tender Security or the Tender-Securing Declaration of a JV shall be in the name of the JV that
submits the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time
of tendering, the Tender Security or the Tender-Securing Declaration shall be in the names of all
future members as named in the letter of intent referred to in ITT 4.1 and ITT 11.2.

19.10 A tenderer shall not issue a tender security to guarantee itself.

20. Format and Signing of Tender

20.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT
11 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in accordance with ITT 13,
shall be clearly marked “ALTERNATIVE.” In addition, the Tenderer shall submit copies of the
Tender, in the number specified in the TDS and clearly mark them “COPY.” In the event of any
discrepancy between the original and the copies, the original shall prevail.

20.2 Tenderers shall mark as “CONFIDENTIAL” all information in their Tenders which is confidential to
their business. This may include proprietary information, trade secrets, or commercial or financially
sensitive information.

20.3 The original and all copies of the Tender shall be typed or written in indelible ink and shall be signed
by a person duly authorized to sign on behalf of the Tenderer. This authorization shall consist of a
written confirmation as specified in the TDS and shall be attached to the Tender. The name and
position held bye ach person signing the authorization must be typed or printed below the signature.
All pages of the Tender where entries or amendments have been made shall be signed or initialed by
the person signing the Tender.

20.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the JV on
behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of
attorney signed by their legally authorized representatives.

20.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the
person signing the Tender.

D. SUBMISSION AND OPENING OF TENDERS

21. Sealing and Marking of Tenders

21.1 The Tenderer shall deliver the Tender in a single sealed envelope, or in a single sealed package, or in
a single sealed container bearing the name and Reference number of the Tender, addressed to the
Procuring Entity and a warning not to open before the time and date for Tender opening date. Within
the single envelope, package or container, the Tenderer shall place the following separate, sealed
envelopes:
a) in an envelope or package or container marked “ORIGINAL”, all documents comprising the
Tender, as describedinITT11; and
b) in an envelope or package or container marked “COPIES” all required copies of the Tender; and
c) if alternative Tenders are permitted in accordance with ITT 13, and if relevant:
i) in an envelope or package or container marked “ORIGINAL - ALTERNATIVE
TENDER”, the alternative Tender; and
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ii) in the envelope or package or container marked “COPIES-ALTERNATIVETENDER”, all
required copies of the alternative Tender.
The inner envelopes or packages or containers shall:
a) bear the name and address of the Procuring Entity.
b) Bear the name and address of the Tenderer; and
c) Bear the name and Reference number of the Tender.

21.2 If an envelope or package or container is not sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement or premature opening of the Tender. Tenders that were
misplaced or opened prematurely will not be accepted.

22. Deadline for Submission of Tenders

22.1 Tenders must be received by the Procuring Entity at the address specified in the TDS and no later
than the date and time also specified in the TDS. When so specified in the TDS, Tenderers shall have
the option of submitting their Tenders electronically. Tenderers submitting Tenders electronically
shall follow the electronic Tender submission procedures specified in the TDS.

22.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders by
amending the Tender Documents in accordance with ITT 8, in which case all rights and obligations
of the Procuring Entity and Tenderers previously subject to the deadline shall thereafter be subject to
the deadline as extended.

23. Late Tenders

The Procuring Entity shall not consider any Tender that arrives after the deadline for submission of
tenders, in accordance with ITT 22. Any Tender received by the Procuring Entity after the deadline
for submission of Tenders shall be declared late, rejected, and returned unopened to the Tenderer.

24. Withdrawal, Substitution, and Modification of Tenders

24.1 A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted by sending a
written notice, duly signed by an authorized representative, and shall include a copy of the
authorization in accordance with ITT 20.3, (except that withdrawal notices do not require copies).
The corresponding substitution or modification of the Tender must accompany the respective written
notice. All notices must be:
a) prepared and submitted in accordance with ITT 20 and ITT 21 (except that withdrawals notices
do not require copies), and in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
b) received by the Procuring Entity prior to the deadline prescribed for submission of Tenders, in
accordance with ITT 22.

24.2 Tenders requested to be withdrawn in accordance with ITT 24.1 shall be returned unopened to the
Tenderers.

24.3 No Tender may be withdrawn, substituted, or modified in the interval between the deadline for
submission of Tenders and the expiration of the period of Tender validity specified by the Tenderer
on the Form of Tender or any extension thereof.

25. Tender Opening

25.1 Except in the cases specified in ITT 23 and ITT 24.2, the Procuring Entity shall publicly open and
read out all Tenders received by the deadline, at the date, time and place specified in the TDS, in the
presence of Tenderers' designated representatives and anyone who chooses to attend. Any specific

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electronic Tender opening procedures required if electronic Tendering is permitted in accordance
with ITT 22.1, shall be as specified in the TDS.

25.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelopes with the
corresponding Tender shall not be opened but returned to the Tenderer. No Tender withdrawal shall
be permitted unless the corresponding withdrawal notice contains a valid authorization to request the
withdrawal and is read out attender opening.

25.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Tender being substituted, and the substituted Tender shall not be opened, but returned
to the Tenderer. No Tender substitution shall be permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and is read out at Tender opening.
25.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the corresponding
Tender No. Tender modification shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is read out at Tender opening.

25.5 Next, all remaining envelopes shall be opened on eata time, reading out: the name of the Tenderer
and whether there is a modification; the total Tender Price, per lot (contract) if applicable, including
any discounts and alternative Tenders; the presence or absence of a Tender Security or Tender-
Securing Declaration, if required; and any other details as the Procuring Entity may consider
appropriate.

25.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender opening shall
be considered further for evaluation. The Form of Tender and pages of the Bill of Quantities (to be
decided on by the tender opening committee) are to be initialed by the members of the tender opening
committee attending the opening.

25.7 At the Tender Opening, the Procuring Entity shall neither discuss the merits of any Tender nor reject
any Tender (except for late Tenders, in accordance with ITT 23.1).

25.8 The Procuring Entity shall prepare minutes of the Tender Opening that shall include, as a minimum:
a) The name of the Tenderer and whether there is a withdrawal, substitution, or modification;
b) The Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security, if one was required.
e) number of pages of each tender document submitted.

25.9 The Tenderers' representatives who are present shall be requested to sign the minutes. The omission
of a Tenderer's signature on the minutes shall not invalidate the contents and effect of the minutes. A
copy of tender opening register shall be issued to a tenderer upon request.

E. Evaluation and Comparison of Tenders

26. Confidentiality

26.1 Information relating to the evaluation of Tenders and recommendation of contract award shall not be
disclosed to Tenderers or any other persons not officially concerned with the Tender process until
information on Intention to Award the Contract is transmitted to all Tenderers in accordance with ITT
43.

26.2 Any effort by a Tenderer to influence the Procuring Entity in the evaluation of the Tenders or Contract
award decisions may result in the rejection of its tender.

26.3 Notwithstanding ITT 26.2, from the time of tender opening to the time of contract award, if a tenderer
wishes to contact the Procuring Entity on any matter related to the tendering process, it shall do so in
writing.
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27. Clarification of Tenders

27.1 To assist in the examination, evaluation, and comparison of the tenders, and qualification of the
tenderers, the Procuring Entity may, at its discretion, ask any tenderer for a clarification of its tender,
given a reasonable time for a response. Any clarification submitted by a tenderer that is not in response
to a request by the Procuring Entity shall not be considered. The Procuring Entity's request for
clarification and the response shall be in writing. No change, including any voluntary increase or
decrease, in the prices or substance of the tender shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the Procuring Entity in the evaluation of the
tenders, in accordance with ITT 31.

27.2 If a tenderer does not provide clarifications of its tender by the date and time set in the Procuring
Entity's request for clarification, its Tender may be rejected.

28. Deviations, Reservations, and Omissions

28.1 During the evaluation of tenders, the following definitions apply:


a) “Deviation” is a departure from the requirements specified in the tender document;
b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of
the requirements specified in the tender document; and
c) “Omission” is the failure to submit part or all of the information or documentation required in
the Tender document.

29. Determination of Responsiveness

29.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of
the tender itself, as defined in ITT 11.

29.2 A substantially responsive Tender is one that meets the requirements of the Tender document without
material deviation, reservation, or omission. A material deviation, reservation, or omission is one
that, if accepted, would:
a) Affect in any substantial way the scope, quality, or performance of the Works specified in the
Contract; or
b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's
rights or the tenderer's obligations under the proposed contract; or
c) if rectified, would unfairly affect the competitive position of other tenderers presenting
substantially responsive tenders.

29.3 The Procuring Entity shall examine the technical aspects of the tender submitted in accordance with
ITT 16, to confirm that all requirements of Section VII, Works' Requirements have been met without
any material deviation, reservation or omission.

29.4 If a tender is not substantially responsive to the requirements of the tender document, it shall be
rejected by the Procuring Entity and may not subsequently be made responsive by correction of the
material deviation, reservation, or omission.

30. Non-material Non-conformities

30.1 Provided that a tender is substantially responsive, the Procuring Entity may waive any non-
conformities in the tender.

30.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that the tenderer
submit the necessary information or documentation, within a reasonable period of time, to rectify
nonmaterial non- conformities in the tender related to documentation requirements. Requesting
information or documentation on such non-conformities shall not be related to any aspect of the price
of the tender. Failure of the tenderer to comply with the request may result in the rejection of its
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tender.

30.3 Provided that a tender is substantially responsive, the Procuring Entity shall rectify quantifiable
nonmaterial non-conformities related to the Tender Price. To this effect, the Tender Price shall be
adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or
component in the manner specified in the TDS.

31. Arithmetical Errors

31.1 The tender sum as submitted and read out during the tender opening shall be absolute and final and
shall not be the subject of correction, adjustment or amendment in anyway by any person or entity.

31.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors on the
following basis:
a) Any error detected if considered a major deviation that affects the substance of the tender,
shall lead to disqualification of the tender as non-responsive.
b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity, sub total
and total bid price shall be considered as a major deviation that affects the substance of the
tender and shall lead to disqualification of the tender as non-responsive. and
c) If there is a discrepancy between words and figures, the amount in words shall prevail

31.3 Tenderers shall be notified of any error detected in their bid during the notification of award.
32. Conversion to Single Currency

For evaluation and comparison purposes, the currency (ies) of the Tender shall be converted into a
single currency as specified in the TDS.

33. Margin of Preference and Reservations

33.1 A margin of preference may be allowed only when the contract is open to international competitive
tendering where foreign contractors are expected to participate in the tendering process and where
the contract exceeds the value/threshold specified in the Regulations.

33.2 A margin of preference shall not be allowed unless it is specified so in the TDS.

33.3 Contracts procured on basis of international competitive tendering shall not be subject to reservations
exclusive to specific groups as provided in ITT 33.4.

33.4 Where it is intended to reserve a contract to a specific group of businesses (these groups are Small
and Medium Enterprises, Women Enterprises, Youth Enterprises and Enterprises of persons living
with disability, as the case may be), and who are appropriately registered as such by the authority to
be specified in the TDS, a procuring entity shall ensure that the invitation to tender specifically
indicates that only businesses or firms belonging to the specified group are eligible to tender. No
tender shall be reserved to more than one group. If not so stated in the Invitation to Tender and in the
Tender documents, the invitation to tender will be open to all interested tenderers.

34. Nominated Subcontractors

34.1 Unless otherwise stated in the TDS, the Procuring Entity does not intend to execute any specific
elements of the Works by subcontractors selected/nominated by the Procuring Entity. Incase the
Procuring Entity nominates a subcontractor, the subcontract agreement shall be signed by the
Subcontractor and the Procuring Entity. The main contract shall specify the working arrangements
between the main contractor and the nominated subcontractor.

34.2 Tenderers may propose subcontracting upto the percentage of total value of contracts or the volume
of works as specified in the TDS. Subcontractors proposed by the Tenderer shall be fully qualified
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for their parts of the Works.

34.3 Domestic subcontractor's qualifications shall not be used by the Tenderer to qualify for the Works
unless their specialized parts of the Works were previously designated so by the Procuring Entity in
the TDS as can be met by subcontractors referred to hereafter as 'Specialized Subcontractors', in
which case, the qualifications of the Specialized Subcontractors proposed by the Tenderer may be
added to the qualifications of the Tenderer.

35. Evaluation of Tenders

35.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III,
Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall be
permitted. By applying the criteria and methodologies the Procuring Entity shall determine the
Lowest Evaluated Tender in accordance with ITT 40.

35.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a) Price adjustment in accordance with ITT 31.1(iii); excluding provisional sums and
contingencies, if any, but including Day work items, where priced competitively;
b) Price adjustment due to discounts offered in accordance with ITT 14.4;
c) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT 32;
d) price adjustment due to quantifiable non-material non-conformities in accordance with ITT 30.3;
and
e) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.

35.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be considered intender evaluation.
35.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender for one or
more lots (contracts). Each lot or contract will be evaluated in accordance with ITT 35.2. The
methodology to determine the lowest evaluated tenderer or tenderers based one lot (contract) or based
on a combination of lots (contracts), will be specified in Section III, Evaluation and Qualification
Criteria. In the case of multiple lots or contracts, tenderer will be will be required to prepare the
Eligibility and Qualification Criteria Form for each Lot.

36. Comparison of Tenders

The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders
established in accordance with ITT 35.2 to determine the Tender that has the lowest evaluated cost.

37. Abnormally Low Tenders and Abnormally High

Tenders Abnormally Low Tenders

37.1 An Abnormally Low Tender is one where the Tender price, in combination with other elements of the
Tender, appears so low that it raises material concerns as to the capability of the Tenderer in regards
to the Tenderer's ability to perform the Contract for the offered Tender Price or that genuine
competition between Tenderers is compromised.

37.2 In the event of identification of a potentially Abnormally Low Tender, the Procuring Entity shall seek
written clarifications from the Tenderer, including detailed price analyses of its Tender price in
relation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of
risks and responsibilities and any other requirements of the Tender document.

37.3 After evaluation of the price analyses, in the event that the Procuring Entity determines that the
Tenderer has failed to demonstrate its capability to perform the Contract for the offered Tender Price,
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the Procuring Entity shall reject the Tender.

Abnormally High Tenders

37.4 An abnormally high tender price is one where the tender price, in combination with other constituent
elements of the Tender, appears unreasonably too high to the extent that the Procuring Entity is
concerned that it (the Procuring Entity) may not be getting value for money or it may be paying too
high a price for the contract compared with market prices or that genuine competition between
Tenderers is compromised.

37.5 In case of an abnormally high price, the Procuring Entity shall make a survey of the market prices,
check if the estimated cost of the contract is correct and review the Tender Documents to check if the
specifications, scope of work and conditions of contract are contributory to the abnormally high
tenders. The Procuring Entity may also seek written clarification from the tenderer on the reason for
the high tender price. The Procuring Entity shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract, the
Procuring Entity may accept or not accept the tender depending on the Procuring Entity's budget
considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the abnormally
high tender prices, the Procuring Entity shall reject all tenders and may retender for the contract
based on revised estimates, specifications, scope of work and conditions of contract, as the case
may be.

37.6 If the Procuring Entity determines that the Tender Price is abnormally too high because genuine
competition between tenderers is compromised (often due to collusion, corruption or other
manipulations), the Procuring Entity shall reject all Tenders and shall institute or cause competent
Government Agencies to institute an investigation on the cause of the compromise, before
retendering.

38. Unbalanced and/or Front-Loaded Tenders

38.1 If in the Procuring Entity's opinion, the Tender that is evaluated as the lowest evaluated price is
seriously unbalanced and/or front loaded, the Procuring Entity may require the Tenderer to provide
written clarifications. Clarifications may include detailed price analyses to demonstrate the
consistency of the tender prices with the scope of works, proposed methodology, schedule and any
other requirements of the Tender document.
38.2 After the evaluation of the information and detailed price analyses presented by the Tenderer, the
Procuring Entity may as appropriate:
a) accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of the
Tenderer to a level not exceeding a 10% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying too
much for undelivered works; or
d) reject the Tender,

39. Qualifications of the Tenderer

39.1 The Procuring Entity shall determine to its satisfaction whether the eligible Tenderer that is selected
as having submitted the lowest evaluated cost and substantially responsive Tender, meets the
qualifying criteria specified in Section III, Evaluation and Qualification Criteria.

39.2 The determination shall be based upon an examination of the documentary evidence of the Tenderer's
qualifications submitted by the Tenderer, pursuant to ITT 17. The determination shall not take into
consideration the qualifications of other firms such as the Tenderer's subsidiaries, parent entities,
affiliates, subcontractors (other than Specialized Subcontractors if permitted in the Tender document),

Page 24 of 292
or any other firm(s) different from the Tenderer.

39.3 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A
negative determination shall result in disqualification of the Tender, in which event the Procuring
Entity shall proceed to the Tenderer who offers a substantially responsive Tender with the next lowest
evaluated price to make a similar determination of that Tenderer's qualifications to perform
satisfactorily.

40. Lowest Evaluated Tender

Having compared the evaluated prices of Tenders, the Procuring Entity shall determine the Lowest
Evaluated Tender. The Lowest Evaluated Tender is the Tender of the Tenderer that meets the
Qualification Criteria and whose Tender has been determined to be:
a) Most responsive to the Tender document; and
b) The lowest evaluated price.

41. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders.

The Procuring Entity reserves the right to accept or reject any Tender and to annul the Tender process
and reject all Tenders at any time prior to Contract Award, without there by incurring any liability to
Tenderers. In case of annulment, all Tenders submitted and specifically, Tender securities, shall be
promptly returned to the Tenderers.

F. AWARD OF CONTRACT

42. Award Criteria

The Procuring Entity shall award the Contract to the successful tenderer whose tender has been
determined to be the Lowest Evaluated Tender.

43. Notice of Intention to enter into a Contract

Upon award of the contract and prior to the expiry of the Tender Validity Period the Procuring Entity
shall issue a Notification of Intention to Enter into a Contract/Notification of award to all tenderers
which shall contain, at a minimum, the following information:
a) the name and address of the Tenderer submitting the successful tender;
b) the Contract price of the successful tender;
c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter is
addressed was unsuccessful, unless the price information in (c) above already reveals the
reason;
d) the expiry date of the Standstill Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the stand still period;

44. Stand still Period

42.1 The Contract shall not be signed earlier than the expiry of a Standstill Period of 14 days to allow
any dissatisfied tender to launch a complaint. Where only one Tender is submitted, the Standstill
Period shall not apply.

42.2 Where a Standstill Period applies, it shall commence when the Procuring Entity has transmitted to
each Tenderer the Notification of Intention to Enter into a Contract with the successful Tenderer.

45. Debriefing by the Procuring Entity

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45.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred to in
ITT 43, an unsuccessful tenderer may make a concern(s) regarding their tender. The Procuring Entity
shall provide the debriefing within five days of receipt of the request.

45.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer shall bear
its own costs of attending such a debriefing meeting.

46. Letter of Award

Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period specified in
ITT 42.1, upon addressing a complaint that has been filed within the Standstill Period, the Procuring
Entity shall transmit the Letter of Award to the successful Tenderer. The letter of award shall request
the successful tenderer to furnish the Performance Security within 21 days of the date of the letter.

47. Signing of Contract

47.1 Upon the expiry of the fourteen days of the Notification of Intention to enter into contract and upon
the parties meeting their respective statutory requirements, the Procuring Entity shall send the
successful Tenderer the Contract Agreement.

47.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer shall sign,
date, and return it to the Procuring Entity.

47.3 The written contract shall be entered into within the period specified in the notification of award and
before expiry of the tender validity period.

48. Performance Security

48.1 Within twenty-one (21) days of the receipt of the Letter of Award from the Procuring Entity, the
successful Tenderer shall furnish the Performance Security and, any other documents required in the
TDS, in accordance with the General Conditions of Contract, subject to ITT 38.2 (b), using the
Performance Security and other Forms included in Section X, Contract Forms, or another form
acceptable to the Procuring Entity. A foreign institution providing a bank guarantee shall have a
correspondent financial institution located in Kenya, unless the Procuring Entity has agreed in writing
that a correspondent bank is not required.

48.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security and other
documents required in the TDS or sign the Contract shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Tender Security. In that event the Procuring Entity may
award the Contract to the Tenderer offering the next Best Evaluated Tender.

48.3 Performance security shall not be required for contract estimated to cost less than the amount
specified in the Regulations.

49. Publication of Procurement Contract

Within fourteen days after signing the contract, the Procuring Entity shall publish the awarded
contract at its notice boards and websites; and on the Website of the Authority. At the minimum, the
notice shall contain the following information:
a) name and address of the Procuring Entity;
b) name and reference number of the contract being awarded, a summary of its scope and the
selection method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender
opening.
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50. Procurement Related Complaint

The procedures for making Procurement-related Complaints shall be specified in the TDS.

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SECTION III - TENDER DATA SHEET (TDS)

The following specific data for the Works and Services to be procured shall complement, supplement,
or amend the provisions in the Instructions to Tenderers (ITT). Whenever there is a conflict, the
provisions herein shall prevail over those in ITT.

A. General

The reference number of the Invitation to Tender is: KeNHA/2839/2025


The Procuring Entity is: Kenya National Highways Authority (KeNHA)
The name of the ITT is: Not Applicable
The number and identification of lots (contracts) comprising this ITT T is:
Not Applicable
The Road is: UPGRADING TO BITUMEN STANDARD OF KAKAMEGA AIRSTRIP –
SHINYALU – CHEPSONOI (B12) ROAD
The sections of the Road(s) subject to Rehabilitation Works are: Not applicable
Construction Works are required as detailed in the scope of works
The information made available to competing firms is as follows:
NONE

The firms that provided consultancy services for the contract being tendered for are:
NONE

Maximum number of members in the JV shall be: Two (2).

0 Foregn contractors are encouraged to source locally manufactured items/materials and


locally assembled machines, equipment, vehicles, labour etc.

B. Contents of Tender Documents

ITT 7.1
i) The Tenderer will submit any request for clarification in writing at the Address
Provided in the detailed Tender Notice
To reach the Procuring Entity not later than 7 days before bid submission
deadline
as indicated in the Tender Notice
ii) The Procuring Entity will publish the response at the Website www.kenha.co.ke

Mandatory Site Visit on Friday, 14th February 2025


ITT 7.3 The Tenderer will submit any questions in writing, to reach the Procuring Entity not
later than the date specified in TDS- ITT 7.1

ITT 7.5 The Procuring Entity's website where Minutes of the pre-Tender meeting and
the pre- arranged pretender will be published is www.kenha.co.ke
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C. Preparation of Tenders

ITP 11.1(h) The Tenderer shall submit the following additional documents in its Tender: As
indicated in the Qualification Form/Criteria

ITT 13.1 Alternative Tenders shall not be considered.


[If alternatives shall be considered, the methodology shall be defined in Section III,
Evaluation and Qualification Criteria.}
ITT 13.2 Alternative times for completion shall not be permitted

ITT 13.4 Alternative technical solutions shall be permitted for the following parts of the
Works: None

ITT 14.5 The prices quoted by the Tenderer shall be: fixed

ITT 15.2 Foreign currency requirements: not allowed.

ITT 18.1 The Tender validity period shall be 175 days from the specified date of
opening as indicated in the invitation to Tender
ITT 18.2 a) The Number of days beyond the expiry of the initial tender validity period will
be 30 days.

(b) The Tender price shall be adjusted by the following percentages of the tender
price:
(i) By 0 % of the local currency portion of the Contract price adjusted to
reflect local inflation during the period of extension,
and
(ii) By 0 % the foreign currency portion of the Contract price adjusted to
reflect the international inflation during the period of extension.
ITT 19.1 A Bid Security IS required.
The amount and currency of the bid security shall be Twenty Million Kenya Shillings
(KShs. 20,000,000.00).
The Bid Security shall be an unconditional demand guarantee issued by a bank.
19.2 (h) The other security is Not Applicable

ITT 19.5 Other documents required are as specified in Form No. 3; Contract Agreement

ITT 19.9 The Procuring Entity will declare the Tenderer ineligible to be awarded contracts by
the Procuring Entity for a period of two (2) years.

ITT 20.1 In addition to the original of the Tender, the number of copies is: One (1)

ITT 20.3 The written confirmation of authorization to sign on behalf of the Tenderer shall
consist of: Certificate of Independent Tender Determination Part B of Form of

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Tender

D. Submission and Opening of Tenders


ITT 21.3 A tender package or container that cannot fit in the tender box shall be received
follows: shall be received at the Supply Chain Management Offices of the
location specified in the tender notice.
ITT 22.1 (A) For Tender submission purposes only, the Procuring Entity's address is:
As indicated in the Invitation to Tender

Tenders shall not be submitted electronically.

ITT 25.1 If Tenderers are allowed to submit Tenders electronically, they shall follow the
electronic tender submission procedures specified below
Not Applicable
ITT 25.6 The Form of Tender and the summary page of the Bills of Quantities shall be initialed
by representatives of the Procuring Entity (Tender Opening Committee) attending
Tender opening.
E. Evaluation, and Comparison of Tenders
ITT 30.3 The adjustment shall be based on the average price of the item or component as
quoted in other substantially responsive Tenders. If the price of the item or
component cannot be derived from the price of other substantially responsive
Tenders, the Procuring Entity shall use its Lowest estimate.
ITT 31.2 The error shall be considered a major deviation that leads to disqualification of
the tender if the percentage of the error (error over the tender price quoted) is:
more than 0% or less than 0%.
ITT 32.1 The currency that shall be used for Tender evaluation and comparison
purposes is-: Kenya Shillings

ITT 33.2 A margin of preference shall apply.

[If a margin of preference applies, the application methodology shall be defined in


Section III - Evaluation and Qualification Criteria.]

ITT 33.4
The invitation to tender is extended to the following groups that qualify
for reservations- ALL

ITT 34.1
At this time, the Procuring Entity does not intend to execute certain specific
parts of the Works by subcontractors selected in advance.

ITT 34.2
Contractor's may propose subcontracting: Maximum percentage of
subcontracting permitted is: 40% of the total contract amount.
Tenderers planning to subcontract more than 10% of total volume of work
shall specify, in the Form of Tender, the activity (ies) or parts of the Works to
be subcontracted along with complete details of the subcontractors and their
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qualification and experience.
ITT 34.3
The parts of the Works for which the Procuring Entity permits Tenderers to
propose Specialized Subcontractors are designated as follows:
For the above-designated parts of the Works that may require Specialized
Subcontractors, the relevant qualifications of the proposed Specialized
Subcontractors will be added to the qualifications of the Tenderer for the
purpose of evaluation. N/A
ITT 35.2 Additional requirements apply. These are detailed in the evaluation criteria
(d) in Section III, Evaluation and Qualification Criteria.
ITT 37 Abnormally High/low Tenders shall be treated as per the procedure outlined in
Section IV, Evaluation and Qualification Criteria
ITT 38 Unbalanced or Front-loaded Tenders shall be treated as per the procedure
outlined in Section IV, Evaluation and Qualification Criteria
ITT 48.2
Additional requirements are: As detailed in the Qualification Criteria/Form
ITT 49.1 The procedures for making a Procurement-related Complaint are available from
the PPRA website [email protected] or complaints @ppra.go.ke. If a Tenderer
wishes to make a Procurement-related Complaint, the Tenderer should submit
its complaint following these procedures, in writing (by the quickest means
available, that is either by hand delivery or email to:
For the attention: Director General
Procuring Entity: Kenya National Highways Authority (KeNHA)
Email address: [email protected]
In summary, a Procurement-related Complaint may challenge any of the
following:
(i) the terms of the Tender Documents; and
(ii) the Procuring Entity's decision to award the contract.

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SECTION IV- EVALUATION AND QUALIFICATION CRITERIA

General Provisions

1 General Provisions

1.1 This section contains the criteria that the Employer shall use to evaluate tender and qualify tenderers.
No other factors, methods or criteria shall be used other than specified in this tender document. The
Tenderer shall provide all the information requested in the forms included in Section IV, Tendering
Forms. The Procuring Entity shall use the Standard Tender Evaluation Document for Goods and
Works for evaluating Tenders.

1.2 Wherever a Tenderer is required to state a monetary amount, Tenderers should indicate the Kenya
Shilling equivalent using the rate of exchange determined as follows:
a) For construction turnover or financial data required for each year - Exchange rate prevailing on
the last day of the respective calendar year (in which the amounts for that year is to be converted)
was originally established.
b) Value of single contract - Exchange rate prevailing on the date of the contract signature.
c) Exchange rates shall be taken from the publicly available source identified in the ITT 14.3.
Any error in determining the exchange rates in the Tender may be corrected by the Procuring
Entity.

1.3 Evaluation and contract award Criteria

The Procuring Entity shall use the criteria and methodologies listed in this Section to evaluate
tenders and arrive at the Lowest Evaluated Tender. The tender that (i) meets the qualification criteria,
(ii) has been determined to be substantially responsive to the Tender Documents, and (iii) is
determined to have the Lowest Evaluated Tender price shall be selected for award of contract.

2. Preliminary examination for Determination of Responsiveness


The Procuring Entity will start by examining all tenders to ensure they meet in all respects the
eligibility criteria and other requirements in the ITT, and that the tender is complete in all aspects in
meeting the requirements of “Part 2 – Procuring Entity's Works Requirements”, including checking
for tenders with unacceptable errors, abnormally low tenders, abnormally high tenders and tenders
that are front loaded. The Standard Tender Evaluation Report for Goods and Works for evaluating
Tenders provides clear guidelines on how to deal with review of these requirements. Tenders that do
not pass the Preliminary Examination will be considered irresponsive and will not be considered
further.
i. Financial Capacity:
• The Tenderer shall demonstrate access to, or availability of, liquid assets, unencumbered
real assets, lines of credit, or other financial means (independent of any contractual
advance payment) sufficient to meet the construction cash flow requirement equivalent to
Kshs 400,000,000.00.
• In the case of a Joint Venture (JV), the domestic partner shall provide a line of credit or
demonstrate a cash flow capacity of Kshs 200,000,000.00.

ii. Minimum Average Annual Construction Turnover


• The Tenderer shall have a minimum average annual construction turnover of Kshs
1,500,000,000.00, calculated as the total gross certified payments received for contracts
in progress and/or completed within the last five (5) years, divided by five (5).
• In the case of a Joint Venture (JV), the domestic partner shall demonstrate an average
annual turnover of Kshs 300,000,000.00 for the same period, also calculated based on total
gross certified payments received.

iii. Similar Contracts Executed:

Page 32 of 292
• The Tenderer shall have executed at least two (2) contracts of a similar nature, each with
a minimum value of Kshs 2,000,000,000.00, within the last five (5) years. At least one (1)
contract shall have been satisfactorily and substantially completed (Eighty Per cent) as a
prime contractor or joint venture member within Kenya or the East African Community.
NB:
i. A bidder with any ongoing Contracts with the Authority, with work progress at 30%
or less shall not eligible for bidding.
ii. To enhance equality, bidders shall bid for a maximum of two (2 No.) tenders but
can only be awarded a maximum of one (1 No.)
iii. The total value of outstanding works on the on-going contracts should not exceed
the average annual turnover for the last five years.

iv. Contractor’s Representative and Key Personnel:


• The Tenderer shall provide qualified personnel, including a Site Agent, Site Engineers,
Surveyor, Environmentalist, Sociologist and other key staff, as specified in the tender
documents.

v. Contractor's Key Equipment:

• The Tenderer shall possess the necessary equipment listed in the table “Contractor's
Equipment” below, including but not limited to [specify requirements].

vi. Other Conditions:

• The Tenderer shall comply with any additional conditions specified in the tender
documents, including environmental, safety, and quality standards.

2.1 ASSESSMENT OF ADEQUACY OF TECHNICAL PROPOSAL WITH REQUIREMENTS (IF APPLICABLE)


The Procuring Entity will evaluate the Technical Proposals of all irresponsive tenders using the following
criteria, sub-criteria, and point system for the evaluation of the Technical Proposals:
i) History of non-performance
ii) financial capability
iii) General and specific experience
iv) Key personnel
v) Contractors Plant and Equipment
vi) Adequacy and quality of the proposed methodology, and work plan in responding to the schedule of
Requirements:
Total points for the five criteria: 100points. The minimum technical score (St) required to pass is: 75points.

Tenderers who score less than the required pass will be automatically disqualified. Tenderers who pass the
technical evaluation will be evaluated further.

3. Tender Evaluation (ITT 35)


Price evaluation: In addition to the criteria listed in ITT 35.2 (a) – (d) the following criteria shall apply:
1. Alternative Completion Times, if permitted under ITT 13.2, will be evaluated as follows:

……………N/A……………

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2. Alternative Technical Solutions for specified parts of the Works, if permitted under ITT 13.4,
will be evaluated as follows: …………………N/A………………………
3. Other Criteria; if permitted under ITT 35.2(d): …………………N/A………..................
4. Multiple Contracts
Delete in its entirety

5. Alternative Tenders (ITT 13.1)

An alternative if permitted under ITT 13.1, will be evaluated as follows:

The Procuring Entity shall consider Tenders offered for alternatives as specified in Part2-Works
Requirements. Only the technical alternatives, if any, of the Tenderer with the Best Evaluated Tender
conforming to the basic technical requirements shall be considered by the Procuring

6. Margin of Preference

6.1.If the TDS so specifies, the Procuring Entity will grant a margin of preference of fifteen percent (15%)
to be loaded one valuated price of the foreign tenderers, where the percentage of shareholding of Kenyan
citizens is less than fifty-one percent (51%).
6.2.Contractors applying for such preference shall be asked to provide, as part of the data for qualification,
such information, including details of ownership, as shall be required to determine whether, according to
the classification established by the Procuring Entity, a particular contract or or group of contractors
qualifies for a margin of preference.
6.3.After Tenders have been received and reviewed by the Procuring Entity, responsive Tenders shall be
assessed to ascertain their percentage of shareholding of Kenyan citizens. Responsive tenders to shall be
classified into the following groups:
i) Group A: tenders offered by Kenyan Contractors and other Tenderers where Kenyan citizens
hold shares of over fifty one percent (51%).
ii) Group B: tenders offered by foreign Contractors and other Tenderers where Kenyan citizens
hold shares of less than fifty one percent (51%).
6.4 All evaluated tenders in each group shall, as a first evaluation step, be compared to determine the
lowest tender, and the lowest evaluated tender in each group shall be further compared with each other.
If, as a result of this comparison, a tender from Group A is the lowest, it shall be selected for the
award. If a tender from Group B is the lowest, an amount equal to the percentage indicated in Item 3.1
of the respective tender price, including unconditional discounts and excluding provisional sums and
the cost of day works, if any, shall be added to the evaluated price offered in each tender from Group
B. All tenders shall then be compared using new prices with added prices to Group Band the lowest
evaluated tender from Group A. If the tender from Group A is still the lowest tender, it shall be
selected for award. If not, the lowest evaluated tender from Group B based on the first evaluation price
shall be selected.
7. Post qualification and Contract award (ITT 39), more specifically,
a) In case the tender was subject to post-qualification, the contract shall be awarded to the lowest
evaluated tenderer, subject to confirmation of pre-qualification data, if so required.
b) In case the tender was not subject to post-qualification, the tender that has been determined to
be the lowest evaluated tenderer shall be considered for contract award, subject to meeting each
of the following conditions.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of any
contractual advance payment) sufficient to meet the construction cash flow of Kenya
Shillings .
ii) Minimum average annual construction turnover of Kenya Shillings 1,500,000000,
equivalent calculated as total certified payments received for contracts in progress and/or
completed within the last 5 years.
iii) At least2 of contract(s) of a similar nature executed within Kenya, or the East African

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Community or abroad, that have been satisfactorily and substantially completed as a prime
contractor, or joint venture member or sub-contractor each of minimum value Kenya
shillings 2,000,000,000.
iv) Contractor's Representative and Key Personnel, which are specified in the qualification
criteria
v) Contractors key equipment listed on the table “Contractor's Equipment” below and more
specifically listed as specified in the qualification criteria
vi) Other conditions depending on their seriousness.

c) History of non-performing contracts:


Tenderer and each member of JV incase the Tenderer is a JV, shall demonstrate that Non-
performance of a contract did not occur because of the default of the Tenderer, or the member of
a JV in the last 5 years). The required information shall be furnished in the appropriate form.

d) Pending Litigation
Financial position and prospective long-term profitability of the Single Tenderer, and in the case
the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria
established with respect to Financial Capability under Paragraph (i) above if all pending
litigation will be resolved against the Tenderer. Tenderer shall provide information on pending
litigations in the appropriate form.

e) Litigation History
There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the
last 5 years. All parties to the contract shall furnish the information in the appropriate form about
any litigation or arbitration resulting from contracts completed or ongoing under its execution
over the years specified. A consistent history of awards against the Tenderer or any member of a
JV may result in rejection of the tender.

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SECTION IV: EVALUATION AND QUALIFICATION CRITERIA CONTD…

This Section contains all the factors, methods and criteria that the Employer shall use to evaluate applications.
The information to be provided in relation to each factor and the definitions of the corresponding terms are
included in the respective Application Forms.

1. Eligibility Requirements
2. Historical Contract Non-Performance
3. Financial Situation
4. Technical/Engineering Works Experience
5. Program of Works and Work Methodology
6. Key Professional and Technical Site Staff
7. Major Plant and Equipment to be used in the Project

Page 36 of 292
QUALIFICATION FORM

Document To be For Procuring Entity's


Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
A. PRELIMINARY EVALUATION
Forms ELI - 1.1, 1.2 and 1.3,
1. Nationality Nationality in accordance with ITT 3.6
with attachments
Goods, equipment
To have their origin in any country that
and services to be
2. is not determined ineligible under ITT Forms ELI - 1.4
supplied under the
4.1
contract
No conflicts of interest in accordance with
3. Conflict of Interest Form of Tender
ITT 3.3
Not having been declared ineligible by the
4. PPRA Eligibility Form of Tender - Form SD 1
PPRA as described in ITT 3.7
State- owned Forms ELI - 1.1 and 1.2, with
5. Meets conditions of ITT 3.8
Enterprise attachments
Appendix to Form of Appendix to Form of Bid in the
6. Form properly filled & signed
Bid Prescribed Format
Suspension Based on
Execution of
Not under suspension based on-execution
Tender/Proposal To be confirmed from Internal
7. of a Tender/Proposal Securing Declaration
Securing Declaration records by the procuring entity
pursuant to ITT 19.8.
by the Procuring
Entity
Tender's financial position and prospective
long-term profitability still sound according
8. Pending Litigation to criteria established in 3.1 and assuming Form CON - 1
that all pending litigation will NOT be
resolved against the Tenderer.

Page 37 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
No consistent history of court/arbitral award
9. Litigation History decisions against the Tenderer for the last Form CON - 1
three (3) years.
Bidders shall declare they are not guilty
Declaration of Fair of any serious violation of fair
10. employment laws and employment laws and practices and will Form CON - 2
practices be bound to abide by the industry CBA at
minimum
• Attend Pre-Tender Site Visits as per TDS, ITT
7.1
• Bidders to sign attendance register
Declaration of • Certificate must be signed by the Employer’s
11. Knowledge of Site representative Form CON - 3
/Pre-Bid Conference
• Bidders to send Technical Persons for the Site
Visit – Min Qualifications – Diploma in Civil
Engineering
a) Form in the Prescribed Format
12. Tender Security Tender Security document b) Digital Tender Securities will be
accepted
- Fill all rates, and amounts,
- NO Alterations of the Quantities accepted,
Priced Bill of - All bidders own Corrections must be Bills of Quantity in the Prescribed
13.
Quantities Countersigned Format
- NO Errors noted in the Bills of Quantities
Annual Practicing
Proof of registration with the National
License with the Copy of Current NCA Practicing
14. Construction Authority in Category-
National Construction License
NCA 1 Roads/Bridges Contractor.
Authority

Page 38 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)

Tax Has produced a current tax clearance


Obligations certificate or tax exemption certificate Provide Valid Tax Compliance
15.
for Kenyan issued by the Kenya Revenue Authority in Certificate
Tenderers accordance with ITT 3.14.

Bidders shall sequentially serialize all The Serialization MUST be


pages of each tender submitted. numerically sequential starting
Serialization of the
16. Any written Pages or document attached from Numeric 1.
Bid
or inserted Documents MUST be
sequentially serialized.
The person or persons signing the bid
shall initial all pages of the bid where All pages with entries (Typed or
entries have been made. hand written) must be initialed.
Completeness of Bidders shall own all alterations made to Any alterations made in the tender
17. document must be countersigned.
tender document the tender document.
Bidders shall duly fill all relevant All relevant Forms/ Schedules
forms/schedules provided for in the shall be duly filled
document that requires entries
Bidder to fill Schedule H: Basic
18. Proposed weightings Dully filled and Signed Schedule H Prices for Materials and Labour
Bidders shall provide current (atleast 28 days Bidder to fill Schedule G: Part I.
before tender opening) proof of cost of Schedule of Materials; -Basic
19. Rates derivation materials e.g. Proforma Invoices/quotation Prices
(Cement, Bitumen etc) Part II. Schedule of rates derivation
B. TECHNICAL EVALUATION
Non-performance of a contract did not
History of Non- Form CON-1
occur as a result of contractor default for
1. Performing If a bidder fails to disclose, 5 Marks
the last three (3) years.
Contracts shall be disqualified
Non-performance shall be deemed to
Page 39 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
have occurred by evidence of: Reference to be made to
• Termination Letter procuring Authority’s records
• Liquidated Damages A bidder with any history of
non-performance earns
zero(0) marks
2. Financial Capabilities (i) Bidders shall provide audited balance sheets Form FIN - 3.1, with
or, if not required by the laws of the Tenderer's attachments
country, other financial statements acceptable to
Attachments include:
the Procuring Entity, for the last 5 years shall be
submitted and must demonstrate the current i. Audited accounts 3 Marks
soundness of the Tenderer's financial position All pages must be initialed
and indicate its prospective long-term
and stamped by both a
profitability (as demonstrated by Financial
Evaluation ratios). practicing Auditor registered
with ICPAK and one of the
(ii) The Tenderer shall demonstrate that it has Directors. Auditor’s
access to, or has available, liquid assets, practicing membership
unencumbered real assets, lines of credit, and number from ICPAK must be
other financial means (independent of any indicated and a valid
contractual advance payment) sufficient to meet practicing license shall be
the construction cash flow of equivalent to Kshs. provided.
400,000,000.00. In the case of a Joint Venture
(JV), the domestic partner shall provide a line of
credit or demonstrate a cash flow capacity of The Financial ratio Form to 4 Mark
Kshs 200,000,000.00. be signed by the Auditor
registered with ICPAK and
(iii) The audited balance sheets or, if not one of the Directors
required by the laws of the Tenderer’s
• Financial Ratios
country, other financial statements acceptable
to the Procuring Entity, for the last 5 years Computation shall be made for
shall be submitted and must demonstrate the the following Ratios and marks
current soundness of the Tenderer’s financial awarded to each of the ratios:
position and indicate its prospective long-term
profitability. In case of a JV, both partners are -Working Capital
Page 40 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
required to submit their financial statements. - Debt to Equity Ratio 5 Marks
- Current ratio
- Operating Cash Flow ratio

• Line of Credit
• Bank statements
Etc.

The Tenderer shall have a minimum average


annual construction turnover of Kshs
1,500,000,000.00, calculated as the total gross
certified payments received for contracts in
Average Annual progress and/or completed within the last five 5) Form FIN - 3.2
3. Construction years, divided by five (5). In the case of a Joint Attachments include Financial 3 Marks
Turnover Venture (JV), the domestic partner shall Statements
demonstrate an average annual turnover of Kshs
300,000,000.00 for the same period, also
calculated based on total gross certified payments
received.
Form FIN - 3.4
The total value of outstanding works on the If the value of the outstanding Works
on-going contracts should not exceed the and the new commitment is more
4. Ongoing Works average annual turnover for the last five than the operating cash flow (based 2marks
years. In case of a JVs, the above requirement on the last audited financial
shall apply. statement) of the bidder, the bidder
loses two marks
Experience under construction contracts in Form EXP -4.1
General Construction 3 Marks
5. the role of prime contractor, sub-contractor,
Experience or management contractor for at least the Attach Letters of Award and
Page 41 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
last 5 years. Grading shall be based on Completion Certificates
general projects handled. Five projects and
above earns maximum points and prorated
downwards. In case of JVs, the above
requirement shall be co-owned.
Form EXP 4.2(a)&(b)

Provide Letters of Award and


The Tenderer shall have executed at least two (2) Completion Certificates
contracts of a similar nature, each with a
For subcontracted works, the
minimum value of Kshs 2,000,000,000.00, bidder should provide the
Specific within the last five (5) years. At least one (1) following;
Construction contract shall have been satisfactorily and
6. &Contract substantially completed (Eighty per cent) as a • Award letter of the main
10 Marks
Management prime contractor or joint venture member within contractor
Experience Kenya or the East African Community. In case of
JVs, the combined parties will be required to • Award letter of the subcontract.
attain the above requirement.
• Completion letter of the
subcontract.

• Subcontract approval from the


Engineer/supervision Authority
Curriculum Vitae (CVs) of the Proposed Key
Contractor's Staff must be presented in the provided
Representative and format and duly signed by the proposed
Schedule F (Form PER. 1 and 15 Marks
7. Key Personnel individual. Copies of certificates and Annual
Practicing Licenses (for Engineers) and PER. 2)
Academic Certificates for all staff is
mandatory.

Page 42 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)

KEY PERSONNEL Max 15


1. Project Director/Site Registration & Professional Engineer & 2
Agent
Qualification Degree (BSc. Civil) holder

(Max 5marks)
Relevant 15 years and above 3
experience
7-14years 1.5
Less than 7yrs 0

2. Material
vii. Engineer & Registration Registered Engineer 2
Structural/ Bridge
Engineer (Max 4 Qualification Degree 1
marks) Relevant 10 years and above 1
Each personnel above experience
6-9years 0.5
earn Max. 2marks
Less than 6yrs 0

Surveyor (Max Qualification Degree 1


2marks)
HND 0.5
Relevant 10 years and above 1.0
experience
6-9years 0.5
Less than 6 years 0

Page 43 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Foreman (Max Qualification HND 1
2marks)
Diploma 0.8
Relevant 15 years and above 1.0
experience
7-14years 0.5
3-6 years 0.25
Less than 3 years 0

Environmental Qualification Degree 1


Specialist &
Relevant 15 years and above 1.0
Social Specialist Max experience
2marks) Each 7-14years 0.5
personnel above earn Below 7 years 0
Max. 1mark

• Bidders shall declare they have


possession/Ownership of various
equipment as proposed to be used in the
Project by providing Logbooks that
demonstrate proof of ownership
Contractors key
8.
equipment • For Bidders planning to hire, they shall Schedule D of Technical Proposal 20 Marks
provide an Active Lease Agreement in
Place that can be used during the Project
Life. The copy of logbooks of the
lessor(s) shall also be provided.

Page 44 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Main Scope of Main Equipment Quantity Marks No. of
Works of Equipment
Tender (No) (Score) to be made
(Minimum) No. of No. of available
Equipment Equipment to be for the
Owned by hired/ Contract by
the Bidder the Bidder
purchased by
the Bidder
Earthworks a) General Plant
Concrete Primary/Secondary
works Crusher Unit/Power
Screen Min capacity – 1
Bituminous 90t/hr.
works (AC &
Surface Concrete batching plant 1 3 1.5
Dressing) Min Cap 20 m3/hr
9.
Asphalt Concrete 1
batching plant.

b) Bituminous Plants
Bitumen Pressure 2
distributor
2 1
Asphalt concrete paver 1
c) Compactors
Vibrating compaction 2
plate 300 mm wide
1.5 0.5
Vibrating compaction 1
plate 600 mm wide

Page 45 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
d) Mobile Compressors
Single tool (1.8 m3/min) 1
Two tool (2.8 – 7.3 2
m3/min)
Four tool (11.3 – 25.3 1
1.5 1.0
m3/min)
Medium rock drill (1.5 1
m3/min)
Heavy rock drill (2.4 1
m3/min
e) Concrete Equipment
Mobile concrete mixers 3
Truck mounted mixers 1 5 2
Concrete vibrators 5
f) Transport (Tippers, dumpers, water tankers)
4X2 tippers payload 7 – 20
12 tonnes
6X4 tippers payload 16 – 2
20 tonnes
8X4 tippers payload 16 – 1
20 tonnes
Articulated trailers 2 12.5 5
Dump trucks 10
Flatbed lorries 2

Page 46 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Water tankers (18,000 – 5
20,000 lts. capacity)
g) Diesel Generators
Diesel generators (15 – 3 1.5 0.5
200Kva)
h) Excavators
Hydraulic crawler 1
mounted (7 – 10 tonnes)
– 0.25 – 0.4 m3 SAE
bucket.
Hydraulic crawler 3
mounted (10 – 16
tonnes) – 0.40 – 0.60 m3
SAE bucket.
Hydraulic wheel 3
mounted (7 – 10 tonnes)
– 0.25 – 0.4 m3 SAE
bucket.
Hydraulic wheel 1
mounted (10 – 16 8 3.5
tonnes) – 0.40 – 0.6 m3
SAE bucket.
Hydraulic wheel 1
mounted backloader (7 –
10 tonnes) – 0.25 – 0.4
m3 SAE bucket.
i) Rollers

Page 47 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Self-propelled single 3
drum vibrating (various
types)
Pneumatic rubber tyre 2 5 1
(1-2 tonnes/wheel)
Sheep’s foot roller 2
Double drum vibrating 2
roller
pedestrian rollers 2
Pulvymixer 2
Motor graders 6
Total 40 16

Note: Score for Construction Equipment = (X/40)*20 ----Owned


= (Y/40)*20……Hired

a) Technical approach and


methodology
• Provided a detailed Work 3 Marks
Adequacy and quality of the proposed Methodology:
10. Proposed methodology methodology
a) Procedure on execution
of activities as outlined
in the BoQs
b) Allocation of
machinery/labour in
Page 48 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
execution the activities
c) Procedures in quality
control of the activities
described in BoQs
• Provided a Methodology on
safety during the
construction period:
a) Personal protective 2 Marks
equipment
b) Signages
c) Delineation of
construction and passage
of traffic
d) Passage of traffic at night
• Provide a specific Quality
management plan that covers
the following:
1. Scope Management
2. Time Management
3. Material Quality
Management
4. Financial Management 2 Marks
5. Risk Management
6. Health & Safety
Management
7. Environmental
Management
8. Communication
Management

Page 49 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
9. Procurement
Management
10. Human Resource
Management
Stakeholder Management
b) Work plan/Program of 4marks
Works (PoW)
• PoW Resourced with
Equipment-Min. allocation
pursuant to the Schedule E of
Technical Proposal - – To be
submitted in A3 Size Paper
well legible Fonts

• PoW captures Monthly outputs 2 Marks


for each activity

• PoW details BoQ Quantities, 2 Marks


Units and Rates

2 Marks
• PoW is superimposed with
Cashflow Projections as
detailed in Schedule A of the
technical proposal

c) Site Organization and 3 Marks


staffing (Schedule B of
Technical proposal)

Page 50 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)

Knowledge Transfer a) Relevance of training program


[When transfer of [Not Applicable]
knowledge is a b) Training approach and
particularly important Transfer of knowledge (training) program methodology [Not Applicable]
11.
component of the (relevance of approach and methodology
assignment, the c) Qualifications of experts and
following sub- criteria trainers [Not Applicable]
may be provided]
Tenderers who score less than the required pass (75%) will be automatically disqualified. Tenderers who meet the minimum pass mark in the technical evaluation will be
evaluated further.
C. FINANCIAL EVALUATION:
The lowest evaluated bidder shall be subjected to Financial Evaluation which include but not limited to sensitivity analysis of the rates to detect abnormally
low bids or abnormally high bids or unbalanced tenders or front loaded.

Treatment of Abnormally Low Bid/Abnormally high Bid/ Unbalanced bid

The Procuring Entity may undertake an analysis of bidders’ rates which are potentially lower/higher than the known prevailing market rates. The bidders shall
be required to provide objective justification including supporting documents on derivation of their rates within stipulated time to the Procuring Entity (See
Schedule G, Part I&II on Derivation of Rates).

In addressing the above criteria, the following steps shall be undertaken by the Procuring Entity;

a. Identify: The Procuring Entity identifies a potential Abnormally Low/High Bid based on comparison with known prevailing market rates or with the
project’s total cost estimate.

b. Evaluate: The Procuring Entity fully analyses the Bidder’s justification provided on Schedule G to verify if it is Abnormally Low/High Bid. Due diligence
may be carried out by the Procuring Entity on the bidder’s documentation.

Page 51 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
c. Determination: The Procuring Entity fully documents the decision to accept or reject the Bid and executes appropriate action(s)/recommendation(s)
including but not limited to enhancement of the performance Security.
In view of the above, the procuring Entity shall evaluate and analyze the Bidders’ submissions against the known prevailing market rates and cost estimation
guidelines. The analysis of the bidder’s justification shall take into account all evidence provided.
Accordingly, the Procuring Entity’s relevant committee shall make a recommendation to the Accounting Officer.

D. POST QUALIFICATION: The procuring entity may verify the documents provided by the bidder with the issuing authority.

Page 52 of 292
APPENDIX TO THE QUALIFICATION CRITERIA

POINT SCORE
ITEM DESCRIPTION
SCALE
HISTORY OF NON-PERFORMANCE Max 5
1
History of Non-Performance 0 -5
FINANCIAL CAPACITY Max 15
Audited Statements 0-3
2 Computation of Financial Ratios 0-4
Working capital to be at least 10% of the Bid Price 0-5
Turnover 0-3
EXPERIENCE Max 15
General Experience 0-3
3
Specific experience in related works 0-10
Workload Analysis 0-2
4 KEY PERSONNEL Max 15
PLANT AND EQUIPMENT Max 20
5 Relevant Equipment (As Owned (Max 20marks) 0-20
Detailed in Schedule D) 100% Leased (Max 8 marks) 0-8
6 PROGRAM OF WORKS AND WORK METHODOLOGY Max 30
Provided a detailed Work Methodology 0-3
Work Provided a Methodology on safety during the
6a 0-2
Methodology construction period
Provided a specific Quality management plan 0-2
PoW Resourced with Equipment-Min. allocation
pursuant to the Schedule E of Technical Proposal - – To 0-4
be submitted in A3 Size Paper well legible Fonts
Program of PoW captures Monthly outputs for each activity 0-2
6b
Works
PoW details BoQ Quantities, Units and Rates 0-2
PoW is superimposed with Cash flow Projections as
0-2
detailed in Schedule A of the technical proposal
Organization and staffing (Schedule B of Technical proposal)
7 0-3
Equivalent of Site Base facilities
8 Environmental and social impact requirements 5
9 Participation by Kenyan Citizens among proposed key experts 5
TOTAL MAX 100

Page 53 of 292
SECTION V - TENDERING FORMS

1. TENDERER’S QUALIFICATION FORMS


Form ELI-1.1- Tenderer Information Form
Form ELI- 1.2- Tenderer JV information
Form ELI - 1.3- Qualification of Foreign Contractors
Form ELI - 1.4- Declarations of materials, equipment and labor sources
2. FORM OF TENDER
A. TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE
B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
C. SELF-DECLARATION FORMS
FORM SD1
FORM SD2
FORM SD3
3. APPENDIX TO FORM OF TENDER
4. CONTRACTUAL FORMS
FORM CON – 1
FORM CON – 2
FORM CON – 3
5. FINANCIAL FORMS
FORM FIN- 3 .1
FORM FIN- 3.2
FORM FIN- 3.3
6. TECHNICAL EXPERIENCE
FORM EXP - 4.1
FORM EXP - 4.2 (A)
FORM EXP - 4.2 (B)
7. TECHNICAL PROPOSAL
SCHEDULE A. Projected Cash Flow
SCHEDULE B. Site Organizations
SCHEDULE C. Subcontractors
SCHEDULE D. Contractor's Equipment
SCHEDULE E. Initial Tentative Program of Performance
SCHEDULE F. Key Personnel Proposed
SCHEDULE D. Schedule of Materials Basic Rates
8. FORM OF TENDER SECURITY - DEMAND GUARANTEE
9. FORM OF TENDER SECURITY (TENDER BOND)
10. FORM OF TENDER-SECURING DECLARATION
11. FORM OF DECLARATION OF FAIR EMPLOYMENT LAWS AND PRACTICES
12. FORM OF DECLARATION OF CONTRACTS TERMINATED IN THE LAST THREE (3)
YEARS

Page 54 of 292
TENDERER’S QUALIFICATION FORMS
FORM ELI-1.1- TENDERER INFORMATION FORM
Form ELI-1.1
Tenderer Information Form
Date:

Tender No.

Tender title:

Tenderer’s name: …………………..

In case of Joint Venture (JV), name of each member:……………………

Tenderer’s actual or intended country of registration:


[indicate country of Constitution]
Tenderer’s actual or intended year of incorporation:

Tenderer’s legal address [in country of registration]:

Tenderer’s authorized representative information


Name:
Address:
Telephone/Fax numbers:
E-mail address:
1. Attached are copies of original documents of:

I. Certificate of Incorporation and CR12 of the legal entity named above, in accordance with ITT 3.6.

II. Copies of National Identification documents for Directors

In case of a JV, Form of intent to form JV or JV agreement, in accordance with ITT 3.6.
In case of a state-owned enterprise or institution, in accordance with ITT 3.8. documents establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that tenderer is not under the supervision of the Procuring Entity,

2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership (Applicable).

Page 55 of 292
FORM ELI- 1.2- TENDERER JV INFORMATION

Tenderer's JV Information Form

(to be completed for each member of Tenderer's JV)

Date:

Tender No.

Tender title:

Tenderer’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ________________________________

Address: _______________________________

Telephone/Fax numbers: ___________________

E-mail address: ___________________________

1. Attached are copies of original documents of:

i. Certificate of Incorporation and CR 12 of the legal entity named above, including


Registered JV agreement (Registration of Documents Act) , in accordance with ITT 3.6.

ii. Copies of National Identification documents for all Directors

In case of a state-owned enterprise or institution, documents establishing legal and financial


autonomy, operation in accordance with commercial law, and that they are not under the supervision of
the Procuring Entity, in accordance with ITT 3.8.
2.Included are the organizational chart, a list of Board of Directors, and the beneficial ownership
(Applicable).

Page 56 of 292
FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS

Qualification of Foreign Tenderers

Pursuant to ITT 3.10, a foreign tenderer must complete this form to demonstrate that the tender fulfils this condition
(the 40% Rule).
Describe location of COST in K.
ITEM Description of Work Item Comments, if any
source shillings
A Local Labour

B Sub contracts from Local sources

C Local materials

D Use of Local Plant and Equipment

E Add any other items

Page 57 of 292
TOTAL COST LOCAL CONTENT xx
PERCENTAGE OF CONTRACT PRICE xx

Page 58 of 292
FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR SOURCES

Pursuant to ITT 5.1, tenderers must complete this form to demonstrate that the tender fulfils this condition

Describe location of
ITEM Description of Work Item Comments, if any
source
A Materials
10/14mm precoated Chippings

Asphalt Concrete

Cement

Coarse aggregates

Gravel

Road Marking Paints


6
B Equipment
Chippings Spreader

Paver

Tipper

Pneumatic Roller

Concrete Mixer

C Labour
Skilled

Unskilled

6
TOTAL COST LOCAL CONTENT
PERCENTAGE OF CONTRACT PRICE

Page 59 of 292
FORM OF TENDER

INSTRUCTIONS TO TENDERERS

(i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the
Tenderer's complete name and business address.

(ii) All italicized text is to help Tenderer in preparing this form.

(iii) Tenderer must complete and sign and TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS
QUESTIONNAIRE, CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF
DECLARATION OF THE TENDERER, all attached to this Form of Tender.

i) The Form of Tender shall include the following Forms duly completed and signed by the Tenderer.

A) Tenderer's Eligibility- Confidential Business Questionnaire


B) Certificate of Independent Tender Determination
C) Self-Declaration of the Tenderer

FORM OF TENDER

Date of this Tender submission: [insert date (as day, month and year) of Tender

submission]

Invitation to Tender No.: [insert identification] Alternative No.: [Not Applicable]

To:

We, the undersigned, declare that:

a) No reservations: We have examined and have no reservations to the tendering document, including Addenda
issued in accordance with Instructions to Tenderers (ITT) ;

b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITT4;

c) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the Procuring Entity
based on execution of a Tender-Securing Declaration or Proposal-Securing Declaration in Kenya in
accordance with ITT 3.9.

d) Conformity: We offer to execute in conformity with the tendering document and in accordance with the
construction or service schedule the following Works:
[Tender Number and Name]

e) Tender Price: The total price of our Tender is [name of currency] (amount in figures and words).

Page 60 of 292
f) Combined Price: We hereby confirm that our combined price for Rehabilitation Works and Improvement
Works does not exceed the threshold given in the TDS ITT 37.5, which is [NOT APPLICABLE].

g) Tender Validity Period: Our Tender shall be valid for a period specified in TDS 18.1 (or as amended if
applicable) from the date fixed for the Tender submission deadline specified in TDS 22.1 (or as amended if
applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of that
period;

h) Performance Security: If our Tender is accepted, we commit to obtain a Performance Security in accordance
with the tendering document;

i) One Tender per Tenderer: We are not submitting any other Tender (s) as an individual Tenderer, and we are
not participating in any other Tender(s) as a Joint Venture member or as a subcontractor, and meet the
requirements of ITT 4.4, other than alternative Tenders submitted in accordance with ITT 13;
a) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled
by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the
Procuring Entity. Further, we are not ineligible under Kenya laws or official regulations or pursuant to
a decision of the United Nations Security Council;
b) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a
state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the
requirements of ITT 3.8];
c) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or
fees with respect to the Tendering process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and the amount
and currency of each such commission or gratuity].

(If none has been paid or is to be paid, indicate “none.”).


d) Binding Contract: We understand that this Tender, together with your written acceptance thereof
included in your Form of Acceptance, shall constitute a binding contract between us, until a
formal contract is prepared and executed;
e) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost
Tender, the Best Evaluated Tender or any other Tender that you may receive;
f) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for
us or on our behalf engages in any type of Fraud and Corruption;
g) Collusive practices: We hereby certify and confirm that the tender is genuine, non-collusive
and made with the intention of accepting the contract if awarded. To this effect we have
signed the “Certificate of Independent Tender Determination” attached below.

r) We undertake to adhere by the Code of Ethics for Persons Participating in Public Procurement and Asset
Disposal, copy available from www.ppra.go.ke during the procurement process and the execution of any
resulting contract.

s) We, the Tenderer, have completed fully and signed the following Forms as part of our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any conflict
to interest.
b) Certificate of Independent Tender Determination – to declare that we completed the tender without
colluding with other tenderers.
Page 61 of 292
a) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in
any form of fraud and corruption.
b) Declaration and commitment to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal.

t) Further, we confirm that we have read and understood the full content and scope of fraud and corruption as
informed in “Appendix 1- Fraud and Corruption” attached to the Form of Tender.

Name of the Tenderer: *[insert complete name of person signing the Tender]
Name of the person duly authorized to sign the Tender on behalf of the Tenderer: **[insert complete name of person
duly authorized to sign the Tender]
Title of the person signing the Tender: [insert complete title of the person signing the Tender]
Signature of the person named above: [insert signature of person whose name and capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]

Name in the capacity of

Signed

Duly authorized to sign the Tender for and on behalf of

Dated on day of ,

Page 62 of 292
A. TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for each entity if Tender is a JV.
Tenderer is further reminded that it is an offence to give false information on this Form.

a) Tenderer's details

ITEM
1 Name of Procuring Entity Kenya National Highways Authority

2 Reference Number of the Tender


KENHA/2839/2025
3 Date and Time of Tender Opening
As indicated in the Tender Notice
4 Name of Tenderer

5 Full Address and Contact Details of the Tenderer 1. Country

2. City

3. Location

4. Building

5. Floor

6. Postal Address

7. Name and email of contact person

6 Current Trade License Registration Number and


Expiring date

Name, country and full address (postal and


physical addresses, email, and telephone number)
of Registering Body/Agency

7 Description of Nature of Business

8 Maximum value of business which the Tenderer


handles
9 State if Tenders Company is listed in stock
exchange, give name and full address (postal and
physical addresses, email, and telephone
number) of state which stock exchange

Page 63 of 292
General and Specific Details
b) Sole Proprietor, provide the following details
Name in full Age

Nationality Country of Origin

Citizenship

c) Partnership, provide the following details.

Name of Partners Nationality Citizenship %Shares Owned


1

(d) Registered Company, provide the following details.


i) Private or public Company
ii) State the nominal and issued capital of the Company-

Nominal Kenya Shillings (Equivalent)...............................................................................................................

Issued Kenya Shillings (Equivalent)...................................................................................................................

iii) Give details of Directors as follows.

Name of Directors Nationality Citizenship %Shares Owned


1

e) DISCLOSURE OF INTEREST - Interest of the Firm in the Procuring Entity.

i) Are there any person/persons in…………………… (Name of Procuring Entity) who has/have an
interest or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

Name of Person Designation in the Procuring Interest or Relationship


Entity with Tenderer
1
2

Page 64 of 292
3

ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of


the relationship with
YES or NO
Tenderer
Tenderer is directly or indirectly controls,
1 is controlled or is under common control
with another tenderer.
Tenderer receives or has received any
2 direct or indirect subsidy from another
tenderer.
Tenderer has the same legal representative
3
as another tenderer
Tender has a relationship with another
tenderer, directly or through common third
parties, that puts it in a position to
4
influence the tender of another tenderer, or
influence the decisions of the Procuring
Entity regarding this tendering process
Any of the Tenderer’s affiliates
participated as a consultant in the
5 preparation of the design or technical
specifications of the works that are the
subject of the tender.
Tenderer would be providing goods,
works, non-consulting services or
6 consulting services during implementation
of the contract specified in this Tender
Document.
Tenderer has a close business or family
relationship with a professional staff of the
Procuring Entity who are directly or
7 indirectly involved in the preparation of
the Tender document or specifications of
the Contract, and/or the Tender evaluation
process of such contract.
Tenderer has a close business or family
relationship with a professional staff of the
8 Procuring Entity who would be involved
in the implementation or supervision of
the such Contract.
Has the conflict stemming from such
relationship stated in item 7 and 8 above
been resolved in a manner acceptable to
9
the Procuring Entity throughout the
tendering process and execution of the
Contract.
Page 65 of 292
Page 66 of 292
f) Certification
On behalf of the Tenderer, I certify that the information given above is complete, current and accurate as at the
date of submission.
Full Name

Title or Designation

(Signature) (Date)

Page 67 of 292
B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

I, the undersigned, in submitting the accompanying Letter of Tender to the KENYA NATIONAL HIGHWAYS

AUTHORITY for [Name of tender] [ Tender number]

in response to the request for tenders made by: [Name of Tenderer]


do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of [Name of Tenderer] that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not to be true and complete in every
respect;

3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the Tender
on behalf of the Tenderer;

4. For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall include any
individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:
a) Has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their qualifications, abilities or
experience;

5. The Tenderer discloses that [tick one of the following, as applicable]:


a) The Tenderer has arrived at the Tender independently from, and without consultation, communication, agreement
or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or arrangements with one or more
competitors regarding this request for tenders, and the Tenderer discloses, in the attached document(s), complete
details thereof, including the names of the competitors and the nature of, and reasons for, such consultations,
communications, agreements or arrangements;

6. In particular, without limiting the generality of paragraphs (5) (a) or (5) (b) above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for Tenders; except as specifically
disclosed pursuant to paragraph (5) (b) above;

7. In addition, there has been no consultation, communication, agreement or arrangement with any competitor
regarding the quality, quantity, specifications or delivery particulars of the works or services to which this request
for tenders relates, except as specifically authorized by the procuring authority or as specifically disclosed pursuant
to paragraph (5) (b) above;

8. the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or indirectly,
to any competitor, prior to the date and time of the official tender opening, or of the awarding of the Contract,
whichever comes first, unless otherwise required by law or as specifically disclosed pursuant to paragraph (5) (b)
above.

Name and Title

Date
[Name, title and signature of authorized agent of Tenderer and Date]

Page 68 of 292
C. SELF-DECLARATION FORMS

FORM SD 1: SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED

IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015

I, ....................................................................., of Post Office Box..............................................being a resident of

..............................................in the Republic of..............................................do hereby make a statement as follows: -

1. THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal Officer/Director of

………....……………………………….. (insert name of the Company) who is a Bidder in respect of Tender

No......................................for...................................................................................(insert tender

title/description) for.....................……………………. (insert name of the Procuring entity) and duly


authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from participating in
procurement proceeding under Part IV of the Act.

3. THAT what is deponed to herein above is true to the best of my knowledge, information and belief.

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


(Title) (Signature) (Date)

Bidder Official Stamp

Page 69 of 292
FORM SD 2: SELF DECLARATION THAT THE TENDERER WILL NOT ENGAGE IN

ANY CORRUPT OR FRAUDULENT PRACTICE

I, ..........................................................................of P. O. Box...............................................being a resident of


...............................................in the Republic of...............................................do hereby make a statement as follows: -

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of………....................................


………………………… (insert name of the Company) who is a Bidder in respect of Tender No.
………………….. for ……………………. (insert tender title/description) for ……………… (insert
name of the Procuring entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any corrupt or
fraudulent practice and has not been requested to pay any inducement to any member of the Board,
Management, Staff and/or employees and/or agents of …………………. (insert name of the Procuring entity)
which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any inducement to any
member of the Board, Management, Staff and/or employees and/or agents of……………………. (name of the
procuring entity).
4. THAT the aforesaid Bidder will not engage/has not engaged in any corrosive practice with other bidders
participating in the subject tender
5. THAT what is deponed to herein above is true to the best of my knowledge information and belief.

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


(Title) (Signature) (Date)

Bidder's Official Stamp

Page 70 of 292
FORM SD 3: DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I, .................................................................................................................. (person) on behalf of (Name of the


Business/Company/Firm) ..........................................................................declare that I have read and fully
understood the contents of the Public Procurement & Asset Disposal Act, 2015, Regulations and the Code of
Ethics for persons participating in Public Procurement and Asset Disposal and my responsibilities under the
Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in Public
Procurement and Asset Disposal.

Name of Authorized signatory..............................................................................................................................

Sign...............................................................................................................................................................

Position........................................................................................................................................................

Office address...................................................................................Telephone....................................................

E-mail......................................................................................................................................................

Name of the

Firm/Company..................................................................................................................................

Date...........................................................................................................................................................

(Company Seal/ Rubber Stamp where applicable)

Witness
Name..............................................................................................................................................
Sign.................................................................................................................................................................

Date.............................................................................................................................................................

Page 71 of 292
APPENDIX 1-FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

1.1 The Government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and its
Regulation, and any other Kenya's Acts or Regulations related to Fraud and Corruption, and
similar offences, shall apply with respect to Public Procurement Processes and Contracts that
are governed by the laws of Kenya.

2. Requirements

1.2 The Government of Kenya requires that all parties including Procuring Entities,
Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-
contractors, Sub-consultants, Service providers or Suppliers; any Agents (whether declared or
not); and any of their Personnel, involved and engaged in procurement under Kenya's Laws and
Regulation, observe the highest standard of ethics during the procurement process, selection
and contract execution of all contracts, and refrain from Fraud and Corruption and fully comply
with Kenya's laws and Regulations as per paragraphs 1.1 above.

1.3 Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes
rules to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive,
Collusive or Fraudulent practices, and Conflicts of Interest in procurement including
consequences for offences committed. A few of the provisions noted below highlight Kenya's
policy of no tolerance for such practices and behavior:

1) a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive,
collusive or fraudulent practice; or conflicts of interest in any procurement or asset disposal
proceeding;

2) A person referred to under subsection (1) who contravenes the provisions of that sub-section
commits an offence;

3) Without limiting the generality of the subsection (1) and (2), the person shall be—
a) disqualified from entering into a contract for a procurement or asset disposal proceeding;
or
b) if a contract has already been entered into with the person, the contract shall be voidable;

4) The voiding of a contract by the procuring entity under subsection (7) does not limit any
legal remedy the procuring entity may have;

5) An employee or agent of the procuring entity or a member of the Board or committee of the
procuring entity who has a conflict of interest with respect to a procurement—
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in any decision
relating to the procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded contract, or a member
of the group of bidders to whom the contract was awarded, but the subcontractor
appointed shall meet all the requirements of this Act.

6) An employee, agent or member described in subsection (1) who refrains from doing
Page 72 of 292
anything prohibited under that subsection, but for that subsection, would have been within
his or her duties shall disclose the conflict of interest to the procuring entity;

7) If a person contravenes subsection (1) with respect to a conflict of interest described in


subsection (5) (a) and the contract is awarded to the person or his relative or to another
person in whom one of them had a director indirect pecuniary interest, the contract shall be
terminated and all costs incurred by the public entity shall be made good by the awarding
officer. Etc.

1.4 In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring
Entity:
i) Defines broadly, for the purposes of the above provisions, the terms set forth below as
follows: “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;
ii) “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain 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 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 investigation by Public Procurement Regulatory Authority (PPRA) or any
other appropriate authority appointed by Government of Kenya 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

• acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act provisions set
forth for fraudulent and collusive practices as follows:

"fraudulent practice" includes a misrepresentation of fact in order to influence a procurement or


disposal process or the exercise of a contract to the detriment of the procuring entity or the tenderer or
the contractor, and includes collusive practices amongst tenderers prior to or after tender submission
designed to establish tender prices at artificial non-competitive levels and to deprive the procuring
entity of the benefits of free and open competition.

c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or recommend to
appropriate authority(ies) for sanctioning and debarment of a firm or individual, as
applicable under the Acts and Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal documents
Page 73 of 292
requiring (i) Tenderers (applicants/proposers), Consultants, Contractors, and Suppliers, and
their Sub-contractors, Sub- consultants, Service providers, Suppliers, Agents personnel,
permit the PPRA or any other appropriate authority appointed by Government of Kenya to
inspect2 all accounts, records and other documents relating to the procurement process,
selection and/or contract execution, and to have them audited by auditors appointed by the
PPRA or any other appropriate authority appointed by Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with
their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the
procurement document declaring that they and all parties involved in the procurement
process and contract execution have not engaged/will not engage in any corrupt or
fraudulent practices.

1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without
limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and tendering, either
directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier,
or nominated service provider, in respect of such contract, and (ii) entering into an addendum or
amendment introducing a material modification to any existing contract.
2 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding
activities undertaken by the Investigating Authority or persons appointed by the Procuring Entity to
address specific matters related to investigations/audits, such as evaluating the veracity of an
allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity
includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents,
data and information (whether in hard copy or electronic format) deemed relevant for the
investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third party verification of
information.

Page 74 of 292
APPENDIX TO FORM OF TENDER

(This appendix forms part of the bid)

Conditions Sub-Clause Data

Director General,
Employer’s name and Kenya National Highways Authority,
1.1.2.2
address P.O. Box 49712 – 00100,
NAIROBI

Director – Development,
Kenya National Highways Authority,
Engineer’s name and address 1.1.2.4
P.O. Box 49712 – 00100,
NAIROBI

Time for Completion 1.1.3.3 Thirty Six (36) Months

Defects Notification Period 1.1.3.7 Twenty four (24) Months

Upgrading To Bitumen Standard Kakamega


Site 1.1.6.7
Airstrip – Shinyalu – Chepsonoi (B12) Road

The Employers address is:


The Director General,
Kenya National Highways Authority (KeNHA),
P.O. Box 49712 - 00100
NAIROBI

The Engineer’s address is:


Communications 1.3(b) The Director, Development,
Kenya National Highways Authority (KeNHA),
P.O. Box 49712 - 00100
NAIROBI

The Contractor address is:

Name…. …………………….………………….

Page 75 of 292
Conditions Sub-Clause Data

P.O Box…………………….…………………..

City/Town…………………...………………….

Email..……………………..…………...………

Telephone:…………………….…………………

Governing Law 1.4 Laws of the Republic of Kenya

Ruling and communications language 1.4 English

Contract Agreement 1.6 Within the bid validity period

Assignment 1.7 Not applicable

One (1) Contract document to be supplied to the


Care and Supply of documents 1.8
Contractor

Within Twenty-Eight (28) days of the Notice of


Right of access to the Site 2.1
Commencement Date

The Performance Security shall be in the form of


an unconditional Bank Guarantee in the
amount(s) of 10% of the Accepted Contract
Performance Security 4.2 Amount and in the same currency (ies) of the
Accepted Contract Amount and submitted by the
28th day from the date of the award letter

Maximum of thirty percent (40%) of permanent


Subcontractors 4.4
works

Parts of the Works for which


4.4 N/A
subcontracting is not permitted

Progress reports 4.21 Softcopies

Penalty for not implementing approved Upto Kshs. 100, 000.00 per day up to limit of
4.8
ESMP, OHS and Safety Plan. 3% of the contract sum.

Weekdays: 8am – 5pm (With 1hour break)


Normal working hours 6.5
Saturdays: 8am – 12 Noon

Page 76 of 292
Conditions Sub-Clause Data

Commencement of Works 8.1 Twenty Eight (28) days after order to commence

• Electronic through the CPM tool


Programme 8.3
• One (1) Hard copy
• Within 28days
Delay damages payable for each day of
8.7 0.05% of the Accepted Contract Amount
delay

Maximum amount of delay damages 8.7 5% of the Accepted Contract Amount

The employer shall appoint a committee to


inspect and accept works prior to the Engineer
issuing the taking over certificate for the
following sections:
Take Over of Parts of the Works 10.2 I. Kakamega Airstrip – Shinyalu Junction;
Approximately 6 kms
II. Shinyalu Junction – Forest edge;
Approximately 6 kms
III. Forest edge – Chepsonoi; Approximately
12kms
Provisional Sums 13.5 (b)(ii) As specified in the Schedule of rates

i. Current indices or prices in the Interim


Payment Certificate should be those prevailing on
the month when 28 days prior to the last day of
the period falls to which a particular IPC is to be
released.
ii. In cases, the Contractor failed to
complete the works within the “Time of
Completion”, CPA calculation thereafter has been
made using either (i) each index or price
applicable on the date 49 days prior to the
expiry of the Time of Completion of the Works,
or (ii) the current index or price: whichever is
Adjustment to changes in cost 13.8 more favorable to the Employer. The weightings
(coefficients) for each of the factors of cost stated
in the table(s) of adjustment data shall only be
adjusted if they have been rendered unreasonable,
unbalanced or inapplicable, as a result of
Variations.

iii. The Price Adjustment provision shall not


be applicable if the contract is not completed in
time due to the delay caused by the contractor.

iv. The price adjustment will not be


applicable if the prices of the construction
Page 77 of 292
Conditions Sub-Clause Data

material increase or decrease within +/- 10% of


the base rate.
v. Variation of Price shall be calculated
base each months financial statement from the
contractor. Monthly statements shall be taken as
the indices prevailing for the month when the
first date of valuation period of the current IPC
falls.
vi. In case of negative price escalation then
the amount will be deducted from the IPC.

The Employer MAY pay up to a maximum of


10% of Contract Sum (in installments) after
signing of contract, issuance of order to
commence and submission of advance payment
bank guarantee.

NB
Upon one month of request by the Employer, the
Advance payment 14.2 Contractor will be required to submit evidence of
utilization of the Advance Payment for the
project as follows:
i. Establishment
ii. Materials
iii. Equipment
Any portion of the advance payment not utilized
in accordance to the conditions of this clause
Shall lead to the Employer recalling the advance
payment guarantee immediately.

Application for interim payment


14.3 1 hard copy and 1 soft copy
certificates (Statements)

Percentage of retention 14.3(c) 5% of the Accepted Contract Amount

Limit of Retention Money 14.3(c) 5% of the Accepted Contract Amount

Payment shall be by milestone as shown in


Schedule of payments 14.4
Table A.

Minimum amount of interim certificates 14.6 Per Milestone in accordance with the payment
schedule

Page 78 of 292
Conditions Sub-Clause Data

Period of payment of Advance Payment to


14.7(a) Ninety (90) days
the Contractor

Period for the Employer to make interim


14.7b Ninety (90) days
payments to the Contractor

Period for the Employer to make final


14.7(c) Ninety (90) days
payment to the Contractor

Simple interest at a rate equal to two percentage


Delayed payment 14.8 points above the mean Base Lending Rate
obtained from the Central Bank of Kenya

Number of additional paper copies of draft


14.11 1 hard copy and 1Soft copy
Final Statement

Currencies of Payment 14.15 Kenya Shillings (KES)

Maximum total liability of the Contractor 17.6 The accepted contract amount
to the Employer

Periods for submission of insurance 18.1 a. evidence of insurance – 14days


b. relevant policies – 28 days

Maximum amount of deductibles for 18.2(d) Not Applicable


insurance of the Employer's risks

Minimum amount of third party insurance 18.3 Limited to Accepted Contract Amount for each
occurrence, with unlimited number of
occurrences

Date by which the DB shall be appointed 20.2 As and when required

The DB shall be comprised of 20.2 Three Members (ad hoc)

Appointment (if not agreed) to be made by: 20.3 Chartered Institute of Arbitrators (Kenya)

Place and Seat of arbitration 20.6(a) Nairobi, Kenya

Signature of Tenderer……………………………………. Date …………………………

Page 79 of 292
Q/No. Milestone Payment Valuation Recovery of
Date advance
1. On attainment of 10% of project Full value of Milestone as per
length to bitumen standard approved measured work
2. On attainment of 20% of project Full value of Milestone as per Start recovery as per
length to bitumen standard approved measured work clause 14.2
3. On attainment of 30% of project Full value of Milestone as per
length to bitumen standard approved measured
4. On attainment of 40% of project Full value of Milestone as per
length to bitumen standard approved measured work
5. On attainment of 50% of project Full Value of Milestone as as per
length to bitumen standard approved measured
6. On attainment of 60% of project Full value of Milestone as per
length to bitumen standard approved measured work
7. On attainment of 70% of project Full value of Milestone as per
length to bitumen standard approved measured work
8. On attainment of 80% of project Full measure of Milestone as End of recovery as
length to bitumen standard measured works including with 30% per clause 14.2
of road furniture
9. On attainment of 90% of project Full measure of Milestone as
length to bitumen standard measured works including additional
30% of road furniture
10. On attainment of 100% of Full measure of Milestone as
projectlength to bitumen measured work including the
standard remaining 40% the road furniture.
11. Final statement on attainment of Final statement including value of
100% of project length to measured works,claims, interests
bitumen standard. etc..
Key Notes
1. A milestone shall be a fully completed section of the road as above having all pavement layers, access culverts, cross
pipeculverts and functioning drains.
2. For assigned or formally sub-contracted works, a milestone shall constitute 10% of the total length assigned or formally
sub-contracted, having all pavement layers, access culverts, cross pipe culverts and functioning drains.
3. Works done as part safety installation such as guardrails and road bumps shall be paid within the milestone
4. Completion of bottleneck section on the project road to pavement standard as instructed and approved by the Engineer
shallconstitute a milestone.
5. Work executed under Major structures (box culverts and bridges will be valued and paid together with due milestone
payments
6. Road Furniture and road marking will form part of the completed mile stone for milestones 8,9 and 10.
7. In case of an emergency the cost of repair shall be paid in the succeeding milestone. Emergency works shall be subject to
Employers approval. Emergency works may be undertaken as day works or as approved under the contingencies.

Page 80 of 292
FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING LITIGATION
AND LITIGATION HISTORY

Tenderer's Name: Date:

JV Member's Name

Tender No.

Tender title:
Non- Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
Contract non-performance did not occur for the last five (5) years from the day of tender opening.
Contract(s) not performed for the last five (5) years from the day of tender opening
Year Non- Contract Identification Total Contract
performed Amount (Kenya
portion of Shilling equivalent)
contract
[insert year] [insert Contract Identification: [indicate complete contract [insert amount]
amount and name/number; and any other identification]
percentage]
Name of Procuring Entity: [insert full name]

Address of Procuring Entity: [insert


street/city/country]

Reason(s) for nonperformance: [indicate main


reason(s)]

Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-Factor 8.
Pending Litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 9 as
indicated below
Year of dispute Amount in dispute Contract Identification Total Contract
(currency) Amount (Kenya
Shilling equivalent)
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.
Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4 as
indicated below
Year of award Outcome as Contract Identification Total Contract
percentage of Net Amount (Kenya
Worth Shilling equivalent)

Page 81 of 292
FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES

Date

To
The Director General,
Kenya National Highways Authority (KeNHA),
P.O. Box 49712-00100
NAIROBI

We (name and address)

declare the following:

1. Have not been involved in and will not be involved in violation of fair employment laws and practices.
2. THAT what is declared hereinabove is true to the best of my knowledge, information and belief

-------------------------------------------------------------- ……………. --------------------------


Name of Bidder’s authorized Representative Signature Date
(To be signed by authorized representative and officially stamped)

Page 82 of 292
FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE

This is to certify that

[Name/s]………………………………………………………………………………………………….

Being the authorized representative/Agent of [Name of bidder]

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

…………………………………………….………………………………………………………………
participated in the organized inspection visit of the site of the works for the

UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

held on………………………..day of……………………………20……………………….

Signed…………………………………………………………………………………………..
(Employer’s Representative)

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

……………………………………… …………………………………..
(Name of Employer’s Representative) (Designation)

NOTE: This form is to be completed at the time of the organized site visit.

Page 83 of 292
FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE

PART 1

Tenderer's Name: Date:

JV Member's Name

Tender No.

Tender title:

1. Financial data
Type of Financial Historic information for previous 5 years,
information (Kenya
Shillings) (amount in Millions (KSh.)
2019 2020 2021 2022 2023

Statement of Financial Position (Information from


Balance Sheet)
Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating


Activities

Page 84 of 292
2. Sources of Finance

Specify sources of finance to meet the cash flow requirements on works currently in progress and
for future contract commitments.
No. Source of finance Amount (Kenya Shilling equivalent)
Letter of line of Credit from a recognized Financial
Institution
Bank account balance (demonstrated by bank
statements)

3. Financial documents

The Tenderer and its parties shall provide copies of financial statements for the last five (5) years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements
shall:
a) Reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated
entity (such as parent company or group member).
b) Be independently audited or certified in accordance with local legislation.
c) Be complete, including all notes to the financial statements.
d) Correspond to accounting periods already completed and audited.
Attached are copies of financial statements for the five (5) years required above; and complying
with the requirements

Page 85 of 292
PART 2

Detailed Financial Situation Evaluation

Auditors Auditors Auditors Auditors Auditors Evaluation


Assessment Assessment Assessment Assessment Assessment Score
No. Description
Award
2019 2020 2021 2022 2023
Criteria

Max
1. Financial Ratios score=4
Marks
Current
Current Ratio= Ratio more
than 1 = 1
a. Current Assets marks
Current Liabilities

Equity
Debt to Equity
Capital
Ratio =
b. Ratio less
Total Liabilities than 1 = 1
Total Equity Marks
Positive
Working Capital = Working
Current Assets- Capital = 1
c. marks
Current Liabilities

Operating Cash Operating


Flow Ratio = Cash-flow
more than 1
d. Cash Flow from = 1 marks
Operations
Current Liabilities

Working
Capital is
equal or
2. Working Capital in KShs. …………………. more than
10% of the
bid price =
5 Marks

The above Financial Ratios have to be derived from first Principles from the Audit Statements. The
Auditor who has undertaken the analysis has to demonstrate the financial ratios and append his signature
and stamp to the Document as below:

The Auditor shall be required to provide his/her workings and demonstrate the source of the workings
from the various Audited statements by including the Page Numbers and references of the source of the
figures used in the computation of the assigned values.

Page 86 of 292
The Auditor undertaking the above Financial Analysis MUST duly fill the Contact Sheet below in
all aspects and attach current annual practising license.

Financial ratios Computed by a Certified Public Accountant:

CPA: Name
ICPAK Number
Telephone Number
Email Address
Postal Address
Physical Address
Contact Person
Mobile Contact of the
Contact Person

Signature

Date

Personal/Corporate

Stamp

Ratios attested by the Company Director:


Director’s Name
ID/Passport Number
Telephone Number
Email Address
Postal Address
Physical Address
Signature

Date

Personal/Corporate

Stamp

Page 87 of 292
FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:
Annual turnover data (construction only)
Year Amount Currency Exchange Rate Kenya Shilling equivalent
[insert amount and indicate (where
currency] applicable)
2021

2022

2023

Average Annual
Construction
Turnover*
* See Section III, Evaluation and Qualification Criteria.

If the most recent set of financial statements is for a period earlier than 12 months from the date of Bid,
the reason for this should be justified.

Page 88 of 292
FORM FIN - 3.3: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS

Tenderers and each member to a JV should provide information on their current commitments on all contracts
that have been awarded, or for which a Form of intent or acceptance has been received, or for contracts
approaching completion, but for which an unqualified, full completion certificate has yet to be issued.

No. Name of Contract Procuring Entity’s Value of Estimated Average Monthly


Contact Address, Outstanding Completion Invoicing Over Last
Tel, Fax Work (Kenya Date Six Months
Shilling [KSh./month]
equivalent)

Page 89 of 292
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:

Starting Year Ending Contract Identification Role of Tenderer


Year
Contract name: Main Contractor/
Subcontractor/
Management
Brief Description of the Works and Services performed Contractor
by the Tenderer:

Amount of contract:
Name of Procuring Entity:
Address:

Contract name:

Brief Description of the Works and Services performed


by the Tenderer:

Amount of contract:
Name of Procuring Entity:
Address:

Contract name:

Brief Description of the Works and Services performed


by the Tenderer:

Amount of contract:
Name of Procuring Entity:
Address:

Page 90 of 292
FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE
Tenderer's Name:
Date:
JV Member's Name

Tender No.

Tender title:

Similar Contract No.. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor Contractor

Total Contract Amount Kenya Shillings


If member in a JV or sub-contractor,
specify participation in total Contract
amount
Procuring Entity’s Name:
Address:
Telephone/fax number
E-mail:
Description of the similarity in
accordance with Sub-Factor 4.2(b) of
Section III:
1. Amount
2. Physical size of required Works and
Services items

3. Complexity

4. Methods/Technology

5. Construction rate for key activities

6. Other Characteristics

Page 91 of 292
Page 92 of 292
FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES

Tenderer's Name:

Date:

Tenderer's JV Member Name:

Sub-contractor's Name (as per ITT 33.2):

Tender No.

Tender title:

All Sub-contractors for key activities must complete the information in this form as per ITT 33.2 and Section III,
Qualification Criteria and Requirements, Sub-Factor 4.2.

1. Key Activity No One:

Information
Contract Identification
Award date
Completion date
Role in Contact Prime Member in Management Sub-
Contractor JV Contractor Contractor

Total Contract Amount Kenya Shillings

Quantity (Volume, number or rate of Total quantity in Percentage Actual Quantity


production, as applicable) performed under the contract participation Performed
the contract per year or part of the year (i) (ii) (i)*(ii)
Year 1
Year 2
Year 3
Year 4
Procuring Entity’s Name:
Address:
Telephone/fax number
E-mail:

Page 93 of 292
Information

Description of key activities in accordance


with Sub-Factor 4.2(b) of Section III:

Earthworks

Gabion protection works

Concrete works

Surface Dressing

Asphalt Concrete works

If applicable
2. Activity No. Two

3. ......................................................

Page 94 of 292
TECHNICAL PROPOSAL

The Tenderer's Technical Proposal shall include the following elements:

SCHEDULE A. Projected Cash Flow

SCHEDULE B. Site Organizations

SCHEDULE C. Subcontractors

SCHEDULE D. Contractor's Equipment

SCHEDULE E. Initial Tentative Program of Performance

SCHEDULE F. Key Personnel Proposed

Instructions on how to present the various schedules of the Technical Proposal are given on the following
pages

Page 95 of 292
SCHEDULE A

Projected Cash Flow

1) Tenderers shall tabulate below estimates, based on their preliminary work programme, of:
a) On the expenditure side, the value of the work which will be carried out;
b) On the revenue side, the net payments to which they will become entitled with due allowance for
the advance payment and repayment, materials prepayments, and retention money, but excluding
price adjustments for rise and fall and provisional sums for emergency works.
c) The projected net cash flow during the contract period.

2) The prospective successful Tenderer may be required to submit full details to substantiate his estimates.

Period Cost of Periodic Net Payment to be Net Cashflow


(Months) Maintenance Works received

1-4

4-8

8-12

12-16

16-20

20-24

24-28

28-32

32-36

Page 96 of 292
SCHEDULE B

Site Organization

Tenderers shall give below full particulars of the organization they propose to establish, direct, and administer
the performance of the Contract. In particular, Tenderers shall indicate the location of site camps and the
resources they intend to allocate to Self-Control Units for planning and monitoring purposes.

1. SITE ORGANIZATION CHART

i. ORGANOGRAM

ii. SITE ORGANISATION LAYOUTS

iii. SITE LOCATION MAP

2. NARRATIVE DESCRIPTION OF SITE ORGANIZATION CHART

Page 97 of 292
SCHEDULE C

SUB-CONTRACTORS / PARTNERS

Tenderers shall list below those parts of the Works and Services which they propose to subcontract, and state
the approximate value of those parts and the names and addresses of the proposed subcontractors, if those are
known at Tendering stage. Tenderers shall also list other business partners involved in the execution of the
contract and their respective roles and responsibilities.

Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:

Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:

Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:

Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:

Page 98 of 292
SCHEDULE D
Contractor’s Equipment Form EQU
The Tenderer 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 in Section B (Technical Evaluation) of Qualification
Form.

Equipment Information and current status for equipment leased from Government Agencies may be omitted
Item of equipment
Equipment Name of manufacturer Model and power rating
information
Capacity Year of manufacture

Current Status Current Location:

Details of current commitments

Source Indicate source of equipment


Owned Rented Leased Specially manufactured

Omit the following information for equipment owned by the Tenderer.


Owner Name of owner
Address of owner

Telephone Contact name and title

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

Page 99 of 292
SCHEDULE E

Initial Tentative Program of Works

To demonstrate a clear understanding of the requirements of the Contract, Tenderers shall provide the following:

i) A bar chart sub-divided into sections for each road showing the major activities to be carried out for Maintenance
Works. The activities shall be shown against time, with linkages shown between related/sequential activities as
far as possible and appropriate.

ii) A bar chart or schedule showing the usage of major plant, including those listed in Schedule D (Contractor's
Equipment).

Page 100 of 292


SCHEDULE F
Form PER -1 Key Personnel Schedule
Tenderers should provide the names and details of the suitably qualified Key Personnel to perform the Contract. The
data on their experience should be supplied using the Form PER-2 below for each candidate.
Key Personnel
1. Title of position: Site Agent
Name of candidate:
Duration of appointment: [insert the whole period (start and end dates) for which
this position will be engaged]

Time commitment for this [insert the number of days/weeks/months that has been
position: scheduled for this position]

Expected time schedule for this Full time site presence


position:
2. Title of position: Foreman
Name of candidate:
Duration of appointment: [insert the whole period (start and end dates) for which
this position will be engaged]

Time commitment for this [insert the number of days/weeks/months that has been
position: scheduled for this position]

Expected time schedule for this Full time site presence


position:

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

Page 101 of 292


Form PER -2

Resume and Declaration – Key Personnel- (Resume to be provided in this format)


Name of Tenderer

Position [1]: [title of position from Form PER-1]


Personnel Name: Date of birth:
information
Address: E-mail:
Professional qualifications:
Academic qualifications:
Language proficiency: [language and levels of speaking, reading and writing skills]
Details Address of Tendering Entity:
Telephone: Contact (manager/personnel officer):
Fax:
Job title: Years with present Entity:

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
Project Role Duration of Relevant experience
involvement
[main project [role and [time in role] [describe the experience relevant to this
details responsibilities on the position]
project]

Declaration

I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the information contained in
this Form PER -2 correctly describes myself, my qualifications and my experience.

I confirm that I am available as certified in the following table and throughout the expected time schedule for this
position as provided in the Tender:
Commitment Details
Commitment to duration of contract: [insert period (start and end dates) for which this Key
Personnel is available to work on this contract]
Time commitment: [insert the number of days/weeks/months that this Key
Personnel will be engaged]

I understand that any misrepresentation or omission in this Form may:

a) be taken into consideration during Tender evaluation;

b) my disqualification from participating in the Tender;

c) my dismissal from the contract.

Name of Key Personnel: [insert name]

Page 102 of 292


Signature:

Date: (day month year):

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

Page 103 of 292


SCHEDULE G

PART I. SCHEDULE OF MATERIALS; -BASIC PRICES


.
ITEM DESCRIPTION NAME OF COUNTRY UNIT BASE PRICE
NO SUPPLIER OF ORIGIN KSHS CTS

1. Cut-back Bitumen MC 30 Litre


in bulk
2. Cut-back Bitumen MC 30 Litre
in drums
3. Bitumen 80/100 in bulk Kg
4.. Bitumen 80/100 in drums Kg
5.. Bitumen Emulsion K1-60 in Litre
bulk
6. Bitumen Emulsion K1-60 in Litre
drums
7. Petrol, Regular Grade Litre
8. Petrol, Premium/ super Litre
Grade
9. Automotive Diesel Fuel Litre
10. Industrial Diesel Oil Litre
11. Industrial Fuel Oil Litre
12. Kerosene Fuel Litre
13. Cement Tonne
14. Flex beam Guardrail Metre
15. Gabion Mesh M2
16. Reinforcing Steel Tonne
17. Lime Tonne

I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date)
Notes:
• Prices of imported materials to be quoted CIF Mombasa or Nairobi as appropriate depending on whether
materials are imported by the tenderer directly or through a local agent.
• The prices inserted above shall be those prevailing 30 days before the submission of Tenders and shall
be quoted in Kenya Shillings using the prevailing exchange rates by Central Bank Kenya.
.

Page 104 of 292


Page 105 of 292
PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 17.02
Provide and place class 25/20 concrete to headwalls, wing walls, aprons,
Description surrounds to walls, inlets and outlets to pipe culverts including formwork
Units M3
Quantity 500

Rate build up
i) Unit work
a) Direct cost (DC) Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Page 106 of 292
Total Cost
Sum (a+b+c) Carried
forward to the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 107 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 12.01
Provide, place , water and compact, Natural Material for Base and subbase as
Description per section 12 of the Specifications and as directed by the Engineer.
Units M3
Quantity 95,000

Rate build up
a) Direct cost (DC) i) Unit work price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost

Page 108 of 292


c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 109 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 14.01
Provide and spread cement stabilizer to natural gravel base and sub base;
all in accordance with the specifications and in conformity with the
Description Engineer's instructions.
Units Ton
Quantity 3,459

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Page 110 of 292


Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 111 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 5,01
Fill in soft material, including benching of shoulders and embankment and
Description compact to 95% MDD (AASHTO T99) as directed by the Engineer
Units M3
Quantity 426,000

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Page 112 of 292


Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 113 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 15.02
Description Provide, spread and roll 10/14 mm precoated chipping
Units M3
Quantity 3,536

Rate build up
i) Unit work
a) Direct cost (DC) Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Page 114 of 292
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 115 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 15.03
Provide, heat and spray 80/100 cut-back bitumen as a seal on carriageway at a
Description rate of 1.0-1.2 Litres/m2.
Units Litres
Quantity 297,000

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

Page 116 of 292


b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 117 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 15.04
Provide and Spray MC 30 cut-back bitumen as prime coat to carriageway,
Description shoulders, busbays and junctions at rate 0.8-1.2 lts/m2 as prime coat
Units Litres
Quantity 297,000

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Page 118 of 292


Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 119 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 16.01
Description Provide, lay and compact Asphalt Concrete Type 1 wearing course to carriageway
Units M3
Quantity 15,000

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

Page 120 of 292


ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 121 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 16.02
Provide and spray K-160 as tack coat at a rate of 0.8-1.0 L/m2 as directed by
Description the Engineer
Units Litres
Quantity 247,500

Rate build up
a) Direct cost
(DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity
ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity
ratio
Page 122 of 292
Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date & Official Stamp)

Page 123 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 20.08
Description Paint 0.1m wide thermoplastic white lines on the road as specified
Units M2
Quantity 9,500

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio
Sub-total of unit
price
Sum (1+2+3)

Page 124 of 292


ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads

I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date& Official Stamp)

Page 125 of 292


PART II. SHEDULE OF RATES DERIVATION
(For use during Tender Evaluation)

Form for Detailed Breakdown of Cost Comparison


Bill item No. 5.02
Description Fill in hard material and compact as directed by the Engineer
Units M3
Quantity 32,000

Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount

Sub Total For Material


2) Labour Price
No. Rate
Personnel Required /day Amount

Sub Total For Labor


Productivity ratio
3) Machinery
No. Rate
Machinery type Required /day Amount Hired/Owned

Sub Total for Machinery


Productivity ratio

Page 126 of 292


Sub-total of unit
price
Sum (1+2+3)

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ

Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads

I certify that the above information is correct

……………………… ……………………. …………………..


(Title) (Signature) (Date& Official Stamp)

Page 127 of 292


SCHEDULE H:
BASIC PRICES FOR MATERIALS AND LABOUR

Index Index Source of Base Value and Bidder’s Weighting Range


Code* Description* Index* D ate* Weighting

Fixed Nonadjustable A= 0.4

28 days before tender


KNBS 2019 Civil
Engineering Cost

opening date
EQ Equipment B= 0.1– 0.25
Indices

LL Labour C= 0.09 - 0.18


MT Materials D= 0.14 – 0.26
TF Transport & Fuel E= 0.01 - 0.09
Total 1.0
Notes:
• The Base year for the indices shall be 2019.
Variation of Price will be applied on monthly financial statements and will become effective 12 months
after commencement of the Works
• Tenderer to insert Bidder’s weighting coefficients in column 5, within the range specified in
column 6, for each index in the table above.
• Entered coefficients should add up to one for use in the variation of price formula. Refer to
FIDIC clause 13.8 on adjustment for price.

I certify that the above information is correct.

……………………… ……………………. …………………..


(Title) (Signature) (Date)

Page 128 of 292


FORM OF TENDER SECURITY - DEMAND GUARANTEE

Beneficiary:
Invitation to Tender No:
Date:
TENDER GUARANTEE No.:
Guarantor:

We have been informed that (herein after called "the Applicant") has submitted or
will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Invitation to
Tender No. (“the ITT”).

Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender
guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying
demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the Applicant:

a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the
Tender Validity Period”), or any extension there to be provided by the Applicant; or

b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or
any extension there to be provided by the Applicant, (i) has failed to execute the contract agreement, or (ii) has
failed to furnish the Performance Security, in accordance with the Instructions to Tenderers (“ITT”) of the
Beneficiary's Tendering document.

This guarantee will expire:

a) if the Applicant is the successful Tenderer, upon our receipt of copies of the contract agreement signed by the
Applicant and the performance Security and, issued to the Beneficiary in relation to such contract agreement;
or

b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's
notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of
the Tender Validity Period.

Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on
or before that date.

[signature(s)]

Page 129 of 292


PART 2 - WORKS' REQUIREMENTS

Page 130 of 292


SECTION VI - BILLS OF QUANTITIES

PREAMBLE TO BILL OF QUANTITIES


1. The Bills of Quantities forms part of the Contract Documents and are to be read in
conjunction with the Instructions to Bidders, Conditions of Contract Parts I and II, Specifications
and Drawings.
2. The brief description of the items in the Bills of Quantities is purely for the purpose of
identification, and in no way modifies or supersedes the detailed descriptions given in the
Conditions of Contract and Specifications for the full direction and description of work and
materials.
3. The Quantities set forth in the Bills of Quantities are estimated, representing substantially
the work to be carried out, and are given to provide a common basis for bidding and comparing
of Bids. There is no guarantee to the Contractor that he will be required to carry out all the
quantities of work indicated under any one particular item or group of items in the Bill of
Quantities. The basis of payment shall be the Contractor's rates and the quantities of work
actually done in fulfilment of his obligation under the Contract.
4. Payments will be made on completed milestones
5. The prices and rates inserted in the Bills of Quantities will be used for valuing the work
executed, and the Engineer will only measure the whole of the works executed in accordance
with this Contract.
6. A price or rate shall be entered in ink against every item in the Bills of Quantities with the
exception of items that already have Provisional sums affixed thereto. The bidders are reminded
that no “nil” or “included” rates or “lump-sum” discounts will be accepted. The rates for
various items should include discounts if any. Bidders who fail to comply will be disqualified.
7. Provisional sums (including Dayworks) in the Bills of Quantities shall be expended in whole
or in part at the discretion of the Engineer in accordance with Sub-Clause 13.6 of Part I of the
Conditions of Contract.
8. The price and rates entered in the Bills of Quantities shall, except insofar as it is otherwise
provided under the Contract, include all Constructional plant to be used, labour, insurance,
supervision, compliance testing, materials, erection, maintenance of works, overheads and
profits, taxes and duties (excluding VAT) together with all general risks, liabilities and
obligations set out or implied in the Contract, transport, electricity and telephones, water, use
and replenishment of all consumables, including those required under the contract by the
Engineer and his staff.
9. Errors in the pricing of the Bills of Quantities will be corrected in accordance with ITT 31
of instructions to bidders.
10. The whole cost of complying with the provisions of the Contract shall be included in the
Items provided in the priced Bill of Quantities, and where no Items are provided, the cost shall
be deemed to be distributed among the rates and prices entered for the related Items of Work.
11. General directions and descriptions of work and materials are not necessarily repeated or
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities.
12. The method of measurement of completed work for payment shall be in accordance with
Standard Specification for Road and Bridge Construction of the Ministry of Transport and
Communications, 1986.
13. "Authorised" “Directed" or "Approved" shall mean the authority, direction or approval of
the Engineer.
14. Unless otherwise stated, all measurements shall be net taken on the finished work carried
out in accordance with the details shown on the drawings or instructed, with no allowance for
extra cuts or fills, waste or additional thickness necessary to obtain the minimum finished
thickness or dimensions required in this contract. Any work performed in excess of the

Page 131 of 292


requirements of the plans and specifications will not be paid for, unless ordered in writing by
the Engineer.
15. Units of Measurement and abbreviations used herein shall have the following meanings:

Unit Abbreviation Unit Abbreviation


cubic meter m3 or cu m millimeter mm
hectare ha month mth
hour hr number No.
kilogram kg provisional sum P.S.
kilometre km square meter m2 or sq m
lump sum L.S. square millimeter mm2 or sq mm
meter m vehicle veh
metric ton (1,000 kg) t week wk
months mths

Page 132 of 292


BILLS OF QUANTITIES FOR UPGRADING OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI
ROAD PROJECT

Summary Of Bills Of Quantities


Bill No. Description Amount (KShs)
1 Preliminary And Supervisory/Support Services

4 Site Clearance
5 Earthworks
7 Excavation And Filling For Structures
8 Culvert And Drainage Works
9 Passage Of Traffic
12 Natural Material Bases And Subbase
14 Cement Treated Base And Subbase Materials
15 Bituminous Surface Treatment And Surface Dressing
16 Bituminous Mixes
17 Concrete Works
20 Road Furniture Repair And Maintenance
21 Miscellaneous Bridge Works
22 Dayworks
23 Street Lighting And Roadside Amenities
24 Environmental And Social Mitigation Measures
25 HIV/AIDS Awareness And Education
27 Road Safety Awareness Campaign
A Subtotal - 1
B Add 2.5 % Of Subtotal -1(A) For Physical Contingencies to Be
Expended in Whole, Part or Deleted Entirely by The Engineer.
C Add A Provisional Sum of 7.5 % Of Subtotal -1(A) For Adjustments
Due to Variation of Prices in Accordance with Sub clause 13.8 Of
The Conditions of Contract.

D Subtotal - 2
E Add 16 % Vat Of (D) As VAT
F Add: Public Procurement Capacity Building Levy @ 0.03%
Grand Total Carried Forward To The Form Of Bid (D+E+F)

Page 133 of 292


Bill No. 1 : Preliminary And Supervisory/Support Services
Item Description Units Quantity Rate (Ksh) Amount(KSh)
1.01 Provide, furnish and maintaining
accommodation for Engineer's staff.
(a) Engineer's Senior Staff
(i) Type I No 1
(ii) Type II No 5
(b) Engineer's Junior Staff
(i) Type III No 5
(ii) Type IV No 12
1.02 Provide, furnish and maintain Engineer's Item 1
Representative's main office. See attached
Appendix to Bill No. 1.02.
1.03 Provide and maintain Laboratory for Item 1
Engineer's representative and his staff.
1.04 Provide laboratory equipment and item 1
reagents for use by the Engineer's
representative for the entire duration of
the contract as per the attached appendix
to this item. See attached Appendix to Bill
No. 1.04
1.05 Provide and maintain survey equipment item 1
for use by the Engineer's representative for
the entire duration of the contract as per
the attached appendix to this bill item. See
attached Appendix to Bill No. 1.05
1.06 Provide, fuel and maintain with a driver V.mth 96
two (2) new station wagon vehicle of
engine capacity min. 3000cc diesel
propelled fully loaded as per cl. 138 of
special specs and approved by the
Engineer, inclusive of the first 4000km per
vehicle month.
1.07 E.O Item 1.06 for mileages over 4000km Km 50,000
per vehicle month.
1.08 Provide, fuel and maintain with drivers V.mth. 230
Five (5) new 4WD double cabin pickups of
2500cc minimum engine capacity fully
loaded as approved by the Engineer,
inclusive of the first 4000km per vehicle
month.
1.09 E.O Item 1.08 for mileages over 4000km Km 192,000
per vehicle month. -
Total Carried forward to next page

Page 134 of 292


Bill No. 1 : Preliminary And Supervisory/Support Services
Item Description Units Quantity Rate (Ksh) Amount(KSh)
Total Brought forward from previous page
1.10 Provide, fuel and maintain with drivers V.mth 48
one (1) new 9/14 seater passenger -
minibus as per Clause 138 of the Special
Specifications and approved by the
Engineer, inclusive of the first 4000 km
per vehicle month
1.11 E.O Item 1.10 for mileages over 4000km Km 30,000
per vehicle month. -
1.12 Allow Prime Cost (P.C.) sum for the PC 1
Resident Engineer's Miscellaneous Sum 10,000,000
account to be spent in whole or part as
directed by the Resident Engineer against
receipts.
1.13 E.O. item 1.12 for the contractor's %
overheads and profit.
1.14 Provide, erect and maintain publicity No. 4
signs as directed by the Engineer.
1.15 Allow Prime Cost (P.C.) sum for removal PC 1 50,000,000
and alteration of services inclusive of Sum
liaison with the appropriate bodies in
accordance with Specifications. Such
services include; water and sewer pipes,
overhead and underground power lines,
overhead and underground
telecommunication cables, fibre optic
cables etc.
1.16 E.O. item 1.15 for the contractor's %
overheads and profit.
1.17 R.E attendance upon his staff including PC 1
overtime in accordance with clause 137 of Sum 45,000,000
special specification.
1.18 Allow for Prime Cost (P.C) Sum of KShs. PC 1
2,500,000 for Resident Engineer and staff Sum 2,500,000
mobile phone airtime.
1.19 E.O. item 1.18 for the contractor's %
overheads and profit.
1.20 Allow a prime cost (P.C) sum of Kshs PC 1 20,000,000
20,000,000 for land acquisition as Sum
directed by the Engineer.
1.21 E.O. item 1.20 for the contractor's %
overheads and profit.
1.22 Allow a Prime Cost (P.C) sum of PC 1 10,000,000
KShs.10,000,000 for training of Sum
engineers, technicians and other support
staff as maybe instructed by the Engineer.
1.23 E.O. item 1.22 for the contractor's %
overheads and profit.
1.24 Allow PC Sum of Kshs 4,000,000 for Lsum 1 4,000,000
equipment for video and still coverage,
including photography, documentary, and
archiving in the Management tool, for the
entire project period.
1.28 Allow provisional sum of 2,000,000 for Prov. 1 2,000,000
Quality Control material testing by the Sum
Material Testing and Research Division
(MTRD) and carrying out confirmatory
geotechnical investigations and tests at the
proposed locations of major structures as
directed by the Engineer.
Page 135 of 292
1.29 E.O. item 1.28 for contractor's overhead %
and profit.

Total of Bill carried forward to summary


-

Bill of Quantities
Bill No. 4 : Site Clearance
Rate Amount
No. Description Units Quantity
(Ksh) (KSh)
Site Clearance
Clear site on road reserve including
removal of trees, hedges, bushes and othe
4.01 Ha 25
vegetation or deterious organic material
in accordance with the specification.
Topsoil Stripping
Remove top soil to maximum depth of
200mm as directed by the Engineer
4.02 stockpile good material for later top m³ 50000
soiling of slide slopes and landscaping of
quarries and borrow pits.
Removal of existing structures
Excavate, remove and dispose of or
stockpile existing concrete pipe culverts
4.03 of any diameter, including outlet and m 1500
inlet structures as will be directed by the
Engineer.
Total Carried Forward to Summary:

Page 136 of 292


Bill of Quantities
Bill No. 5: Earthworks
Rate Amount
Bill No. Description Units Quantity
(Ksh) (KSh)

Fill in soft material, including benching of


5.01 shoulders and embankment and compact to 95% m³ 462,000
MDD (AASHTO T99) as directed by the Engineer

Fill in hard material and compact as directed by


5.02 m³ 32,000
the Engineer

Cut to spoil in soft material or stockpile for reuse as


5.03 m³ 105,600
directed by the Engineer in hard

Cut to spoil in hard material or stockpile for reuse


5.04 m³ 25,600
as directed by the Engineer in hard

Fill in soft material, for class S4 improved subgrade


5.05 material to a thickness of 300mm in layers of m³ 100,650
150mm compaction to 100% MDD (AASHTO T99)

Grassing on embankment or slopes as directed by


5.06 m2 200,000
the Engineer
Top soiling and grassing over side slopes, cuts and
5.07 m³ 20,000
fills

Compaction to 150mm depth below formation in


5.08 m³ 48,000
fills and cuts to 100% MDD (AASHTO T99)

Provide, place and compact rock fill at swampy


5.09 areas as per clause 507 of the specifications m³ 15,360
and as directed by the Engineer.

Total Carried Forward to Summary:

Page 137 of 292


Bill of Quantities
Bill No. 7 : Excavation and Filling for Structures
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Excavate for structure in soft material as
7.01 m³ 700
directed by the Engineer

Excavate for structure in hard material to any


7.02 depth but not exceeding 4m as directed by the m³ 100
Engineer

Provide, haul as necessary and backfill;


7.03 all in accordance with the specifications and in m³ 400
conformity with the Engineer's instructions

7.04 Excavate and compact the surfaces to receive the m³ 280


gabions
7.05 Provide and place gabion boxes and mattresses m² 2,420
as specified or as directed by the Engineer
7.06 Provide and place rock fill to gabions and m³ 440
mattresses
7.07 Allow for grouting of the rock fill where m² 500
necessary
7.08 River training in soft material m³ 200
Provide and fix filter fabric behind porous filter
7.09 m2 185
material as per the Drawings and Specifications
Provide and place 200mm thick stone pitching
7.10 including grouting to outfall drains as detailed m² 10,000
in the drawings or as directed by the Engineer
Total Carried Forward to Summary:

Page 138 of 292


Bill of Quantities
Bill No. 8 : Culvert and Drainage Works
Rate Amount
Bill No. Description Units Quantity
(Ksh) (KSh)
Provide and place A142 fabric mesh
8.01 m² 2,000
reinforcement
Excavate for inlet, out fall, catch water drains,
8.02 mitre and cut-off drains in hard material m³ 5,700

Excavation in soft material for pipe culverts,


headwalls, wing walls, apron, toe walls and
8.03 m³ 4,200
drop inlets and compact as specified or as
directed by the engineer
Excavation in hard material for pipe culverts,
headwalls, wing walls, apron, toe walls and
8.04 m³ 420
drop inlets and compact as specified or as
directed by the engineer
Provide and place class 15/20 concrete to beds
8.05 m³ 3,050
and blinding
Provide and place class 25/20 concrete to
headwalls, wing walls, aprons, surrounds to
8.06 m³ 1,590
walls, inlets and outlets to pipe culverts
including reinforcement and formwork
Provide and place class 20/20 concrete scour
8.07 checks including stone pitching upstream and No 100
downstream as directed by the Engineer

Excavate, remove and dispose damaged pipe


8.08 culverts including demolition of inlet and outlet m³ 650
structures

In-situ lining with class 20/20 on drainage


channels to be instructed by the Engineer as per
8.09 m³ 2,000
the specifications, drawings and as directed by
the Engineer.

Total Carried Forward to Summary:

Page 139 of 292


Bill of Quantities
Bill No. 9 : Passage of Traffic
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Construct and maintain, including watering 7.0
m wide deviations, having a 150mm thick
9.01 Km 25
compacted gravel wearing course.

Provide, Place, maintain and remove


Temporary signs and barriers, lights on
9.02 deviations; all in accordance with Km 25
specifications and as instructed by the Engineer

Allow for maintenance of deviations (grading


and spot gravelling), including reinstatement
of existing pavement layers and drainage
Lump
9.03 along entire road project all in accordance 1
sum
with the specifications.

Total Carried Forward to Summary:

Page 140 of 292


Bill of Quantities
Bill No. 12 : Natural Material Bases and Subbase
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Natural Material for Base and Subbase
Provide, place , water and compact,
Natural Material for Base and subbase as
12.01 m3 95,000
per section 12 of the Specifications and as
directed by the Engineer.

Total Carried Forward to Summary:

Page 141 of 292


Bill of Quantities
Bill No. 14 : Cement Treated Base and Subbase Materials
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Provide and spread cement stabilizer to
natural gravel base and sub base; all in
14.01 Ton 5,309
accordance with the specifications and in
conformity with the Engineer's instructions.

Provide and spread Lime stabilizer to natural


gravel base and sub base; all in accordance
14.02 Ton 3,450
with the specifications and in conformity
with the Engineer's instructions.

Mix-in stabilizer into natural gravel for base


14.03 m3 95.000
and sub base.

Water and maintain curing system for


cement and lime treated material; all in
14.04 m2 544,500
accordance with the specifications and as
directed by the Engineer.

Total Carried Forward to Summary:

Page 142 of 292


Bill of Quantities
Bill No. 15 : Bituminous Surface Treatment and Surface Dressing
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
15.01 Prepare surface for Treatment m2
247,500

Provide, spread and roll 10/14 mm


15.02 m3
precoated chipping 3,536

Provide, heat and spray 80/100 cut-


15.03 back bitumen as a seal on carriageway at Ltr
297,000
a rate of 1.0-1.2 Litres/m2.

Provide and Spray MC 30 cut-back


bitumen as prime coat to carriageway,
15.04 Ltr
shoulders, busbays and junctions at rate 297,000
0.8-1.2 lts/m2 as prime coat

Total Carried Forward to Summary:

Page 143 of 292


Bill of Quantities
Bill No. 16 : Bituminous Mixes
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Provide, lay and compact SUPERPAVE
16.01 Asphalt Concrete for aggregate nominal m3 15,000
size 19mm to carriageway.

Provide and spray K-160 as tack coat at


16.02 a rate of 0.5-0.8 L/sq metre as directed Ltr 247,500
by the Engineer.

Total Carried Forward to Summary:

Page 144 of 292


Bill of Quantities
Bill No. 17 : Concrete Works
Rate Amount
Item Description Units Quantity
( Ksh) (KSh)
Concrete class 15/20 for blinding
Provide place and compact concrete class
17.01 m³ 30.00
15/20 for blinding
Concrete class 25/20
Provide place and compact class 25/20
17.02 m³ 500.00
Concrete.
Reinforcement
Provide, cut, bend and fix into position High
Yield steel reinforcement of diameter above
17.03 Ton 55.00
16mm dia as per the drawing or as instructed
by the Engineer .
Provide, cut, bend and fix into position High
Yield steel reinforcement of diameter above
17.04 Ton 30
16mm dia as per the drawing or as instructed
by the Engineer .
Formwork
Provide and erect vertical formwork of Class
17.05 m2 1,050.00
F2 Finish
Provide and erect horizontal formwork of
17.06 m2 400.00
Class F2 Finish.
Total Carried Forward to Summary:

Page 145 of 292


Bill of Quantities
Bill No. 20 : Road Furniture Repair and Maintenance
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Kilometre marker posts
Provide and erect kilometre posts as shown in the contract
20.01 No 50
drawing
Edge marker posts

Provide and erect edge marker posts as shown in the contract


20.02 No 200
drawing and concreting with concrete class 15/20

Warning signs
Provide, excavate for and erect warning signs, including
20.03
backfill
(a) 450 x 900 mm size No 10
(b) 750 mm size No 40
Priority signs

Provide, excavate for and priority signs, including backfill and


20.04
concreting with concrete class 15/20 to base

(a) 600 mm size No 8


(b) 1000 mm size No 10
Prohibitory signs
Provide, excavate for and erect prohibitory signs diameter
20.05 600mm, including backfill and concreting with concrete No 4
class 15/20 to base
Standard informatory signs - All Provisional

Provide, excavate for and erect information signs, including


20.06
backfill and concreting with concrete class 15/20 to base

Carried Forward

Page 146 of 292


Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
Brought Forward
(a) 400 mm x 300 mm size No 35
(b) 600mm x 600mm No 12
Non-Standard informatory signs (Provisional)

Provide, excavate for and erect information signs, including


backfill and concreting with concrete class 15/20 to base

(a) Non-Standard informatory signs less than 1m2 No 10


(b) As Item 20.07 (a) but equal or more than 1m2 but less than
No 10
2 m2
20.07
(c) As Item 20.12 (a) but equal or more than 2m2 but less than
No 4
5 m2

(d) As Item 20.12 (a) but equal to or more than 5m2


No 2
- Provisional

Road marking in thermoplastic paint


Prepare road surface, supply approved tack coat and road
20.08 thermoplastic paint, spray approved tack coat, mark out and
paint
(a) White paint m2 6,250
(b) Yellow paint m2 3,250
Reflective road studs (cat's eyes)

Provide, transport, handle and place approved reflective road


20.09 No 8,000
studs

Road humps and rumble strips

Provide material, transport and construct road humps and


20.10 m 200
rumble strips as per drawings and Engineer's instructions

Concrete road Kerbs


Provide material, transport, handle, mix and place raised precast
20.11 road kerbs as specified in the drawings and as directed by the m 5,000
Engineer
Carried Forward

Page 147 of 292


Rate Amount
Item Description Unit Quantity
(Ksh) (KSh)
Brought Forward
20.12 Channel blocks
Provide, lay and joint 125 x 100mm channel blocks to
m 5,000
roads, footpaths and shoulders
Quadrants
Provide and lay quadrants of any radius as directed by the
20.13 No 500
engineer
P.c.c bollards - Provisional
20.14 Provide and erect p.c.c bollards. No. 100
20.15 Guardrails
(a) Provide, transport materials, post, excavate, erect
m 4,000
flexbeam guardrails
(b) Provide guardrail end pieces No 60
Service ducts
Provide all materials and construct 100mm PVC ducts
20.16 m 400
under road
Ducts marker posts
Provide duct marker posts in accordance with the
20.17 No 30
drawings
Culvert marker posts
20.18 Provide and erect culvert marker posts No 100
Road Reserve Boundary posts
Provide and erect road reserve boundary posts
20.20 No 500
including painting and lettering
Raised Zebra Crossings
Provide all material, lay and construct raised zebra
20.21 No. 10
crossing
High Mast Street Lighting

Allow a provisional sum of Kshs 30,000,000 for


Prov.
20.22 construction of 4 No. Solar powered High Mast Street 1
Sum
Lighting as directed and instructed by the Engineer.

20.23 E.O. item 20.22 for the contractor's overheads and profits %

Total Carried Forward to Summary:

Page 148 of 292


Bill of Quantities
Bill No. 21 : Miscellaneous Bridge Works
Rate Amount
Item No. Description Units Quantity
(Ksh) (KSh)
Waterproofing
Waterproofing to structures - Provide and place
bitumen emulsion or cutback bitumen or
21.01 m2 1,850
bitumen/rubber latex emulsions to all structural
concrete in contact with fill material or cur soil

Provide and fix 75mm diameter uPVC pipes to form


21.02 weep holes in the structure. Rate to include filter fabric No 240
at inlet

Provide all materials and fix 2.0m long, 75mm diameter


21.03 No 72
uPVC drain pipes as shown on the Drawings

Total Carried Forward to Summary:

Page 149 of 292


Bill of Quantities
Bill No. 22 : Dayworks
Rate Amount
Item Description Units Quantity
(Ksh) (KSh)
PLANT AND EQUIPMENT

The rates included herein are to include all


operational and maintenance costs fuel, oil, grease,
operator charges, wages, supervision, overheads and
profits. Only time employed upon the work will be
measured and the rates shall include for idle time
spent travelling and overtime in accordance with
clause 2202(a) of the specifications. All items of the
plants must be priced

22.01 Crawler dozer with hydraulic ripper attachment

a - 100-135 kw rated flywheel power hr 55


b - 136-185 kw rated flywheel power hr 55
c - 186-250 kw rated flywheel power hr 55
22.02 Self-loading wheeled motor scraper of
a - up to 16m3 heaped capacity hr 55
b - 17 - 26m3 heaped capacity hr 55
22.03 Motor graders complete with scarifier
a - 80 -110 kw rated flywheel power hr 110
b - 111-120 kw rated flywheel power hr 110
c - 121-160 kw rated flywheel power hr 110
22.04 Rollers - Towed Vibratory Including Tractor
a - 6.5 - 8.8t unballasted weight hr 110
b - 8.9 - 11.7t unballasted weight hr 110
22.05 Rollers - Road Deadweight (Steel three wheel)
a - 6.1 - 8.5t unballasted weight hr 110
b - 8.6 - 10.5t unballasted weight hr 110

Carried Forward

Page 150 of 292


Rate Amount
Item No. Description Units Quantity
(Ksh) (KSh)
Brought Forward

22.06 Rollers - Rubber Tyred Self-Propelled


a - upto 1.0t per wheel hr 110
b - 1.1 - 2.0t per wheel hr 110
22.07 Rollers - Vibratory Single Roll Rubber Tyred
a - 8.3 - 10.5t unballasted weight hr 110

22.08 Rollers - Vibratory Pedestrian Operated Twin Roller


a - 651kg - 1.3t unballasted weight hr 110

22.09 Vibrating Plate Compactor


a - 114kg - 200kg operating weight hr 110

Compressor rated by normal delivery of free air per


22.10
min
at about 7kg/cm2, complete with all tools, hoses,
steel etc
a - 6.0 - 7.4m3/min hr 55
b - 7.5 - 19.7m3/min hr 55
c - 19.8 - 25.5m3/min hr 55

22.11 Cranes - Mobile Rubber Tyred Rough Terrain Type

a - 23.0 - 40.0t max working load hr 55


22.12 Cranes - Excavator Cranes Tracked
a - 20.0 - 28.0t max working load hr 55
b - 28.1 - 36.0t max working load hr 55
c - 26.1 - 56.0t max working load hr 55

Carried Forward

Page 151 of 292


Rate Amount
Item No. Description Units Quantity
(Ksh) (KSh)
Brought Forward

22.13 Small dumpers


a - 750-1000kg maker's rated payload hr 110
Excavator - hydraulic crawler or wheel mounted, full
22.14
circle slew (back actor)
a - 14.0 - 17.0 t nominal weight of machine hr 110
Excavators - hydraulic wheeled dual purpose
22.15
(backhoe loader)
a - 0.6 - 0.8 m3 rated bucket capacity hr 55
b- 0.81 - 1.0 m3 rated bucket capacity hr 55
22.16 Pumps (inclusive of all hoses);
a - 50 - 76mm delivery hr 55
b - 77 - 101mm delivery hr 55

22.17 Tractors - Rubber Tyred Including Trailer


a - 50 - 76kw rated flywheel power hr 55
Loaders

The basis of loader classification is the society of


Automotive Engineers of America (SAE) rated capacity
of the bucket. The classification is based on the largest
general purpose bucket by the manufacturer or the
bucket size adopted by the Contractor which is
approved by the Engineer.

22.18 Wheel Loaders - 4 wheel drive, articulated;


a - 1.5 -2.00m3 SAE rated capacity hr 110
b - 2.01 -3.40m3 SAE rated capacity hr 110
c - 3.41 -5.35m3 SAE rated capacity hr 110

Carried Forward

Page 152 of 292


Rate Amount
Item No. Description Units Quantity
(Ksh) (KSh)
Brought Forward

22.19 Crawler Loaders;


a - 0.8 - 1.30m3 SAE rated capacity hr 110
b - 1.31 - 1.90m3 SAE rated capacity hr 110
c - 1.91 - 2.5m3 SAE rated capacity hr 110
22.2 Concrete Mixers (wet capacity)
a - upto 100 litres hr 110
b - 151 - 200 litres hr 110
c - 201 - 300 litres hr 110
22.21 Diesel Concrete vibrator - Poker Type hr 110
22.22 Lorries - Ordinary
a - upto 7.5 t gross vehicle weight hr 110
b - 7.6 - 12.0 t gross vehicle weight hr 110
22.23 Lorries - Tipper
a - upto 11.0 t gross vehicle weight hr 110
b - 11.1 - 17.0 t gross vehicle weight hr 110
c - 17.1 - 25.5 t gross vehicle weight hr 110
22.24 Van, Pick-up or Similar Utility Vehicle
a - upto 1.0 t carrying capacity hr 110
b - 1.11 - 2.66 t carrying capacity hr 110
Carried Forward

Page 153 of 292


Unit Bid
Item No. Description Units Quantity Amount (KSh)
Rate(Ksh)
Brought Forward

Water or Fuel Tanker - Self


22.25
Propelled
a - 3500 - 4550 litre capacity hr 110
b - 4551 - 7000 litre capacity hr 110
c - 7001 - 12000 litre capacity hr 110
22.26 Pressure Bitumen Distributor
a - 3500 - 4500 litre capacity hr 110
b - 4501 - 9000 litre capacity hr 110
22.27 Tipper (dump) truck
a -10-15 tonne gross weight hr 55
b -16-25 tonne gross weight hr 55
Mechanical bitumen hand
22.28 hr 55
sprayer
22.29 Chipps Spreader
Self-propelled chip spreader or
hr 55
equivalent
22.30 Asphalt Paver
Self-propelled asphalt paver hr 55
22.31 Mechanical broom hr 55

Carried Forward

Page 154 of 292


Item Unit Bid
Description Units Quantity Amount (KSh)
No. Rate(Ksh)
Brought Forward

22.32 Pulvi-mixer hr 55
22.33 Labour:
Note: The rate included herein shall
include all costs of labour, as well as
overtime, travelling time and cost of
accommodation, social security
contributions, use and maintenance of
small tools of trade, supervision insurance,
overheads, profits and any other costs.
a - Labourer hr 4,000
b - Artisan hr 2,000
c - Plant Operator hr 2,000
d - Driver hr 2,000
e - Foreman hr 2,000
f - Site Surveyor hr 2,000

MATERIALS
All items of materials must be priced in
accordance with the requirements of
clause 2202 © of the specifications
22.34 Shuttering timber
a - Class F1 finish m2 125
b - Class F2 finish m2 80
c - Class F3 finish m2 80

Carried Forward

Page 155 of 292


Unit Bid
Item No. Description Units Quantity Amount (KSh)
Rate(Ksh)
Brought Forward

22.35 Mild steel


a - Upto and including 16 mm
ton 7
diameter
b - Over 16 mm diameter size ton 2
22.36 High yield steel
a - Upto and including 16 mm
ton 7
diameter
b - Over 16 mm diameter size ton 2
22.37 Ordinary Portland Cement
a - Ordinary Portland Cement ton 7
22.38 Hydrated Lime
a - Hydrated Lime ton 7
22.39 Aggregates for Concrete
a - fine ton 7
b - course ton 2
22.40 Bitumen and Emulsions
a - MC-70 ltrs 3,342
b - 80/100 ltrs 2,500
c - K1-70 ltrs 2,500
22.41 Chippings
a - class 3, nominal size 10/14 ton 7
b - class 3, nominal size 3/6 ton 2
22,42 Gabion mesh
(2.0 x 1.0 x 1.0m) m2 1,000
22.43 Rock fill to gabions m3 20
Pentolite stick explosive or
22.44 kg 20
equivalent
22.45 Explosive fuse m -
22.46 Detonating relay No. 125
Total Carried Forward to Summary:

Page 156 of 292


Bill No. 23: Street Lighting and Roadside Amenities

Item Description Unit Quantity Rate - Kshs Amount -


Kshs.

23.01 Allow a Provisional Sum of 10,000,000 for Prov. 10.000.000


Road Side Stations and Ammenities. Sum 1 -

23.02 E.O. item 24.01 for contractor's overhead and %


profit 1 -

23.03 Allow a Provisional Sum of 30,00,000 for the Prov. 30,000,000


provision of solar High Mast for various Sum 1 -
Towns/Markets along the road section for
security and street Lighting.

23.04 E.O. item 24.03 for contractor's overhead and %


profit 1 -

Total of Bill Carried Forward Summary -

Page 157 of 292


Bill No. 24: Environmental and Social Mitigation Measures

Item Description Unit Quantity Rate Amount


Kshs. Kshs.

24.01 Allow a Provisional Sum of Kshs. 2,000,000 for Prov. Sum 1 -


Construction Phase ESMP as directed by the
Resident Engineer or as provided in the ESMP in
the specifications .
24.02 E.O. item 24.01 for contractor's overhead and % 1 -
profit
24.03 Allow a Provisional Sum of Kshs. 2,500,000 for Prov. Sum 1 -
Operation Phase ESMP as directed by the Resident
Engineer or as provided in the ESMP in the
specifications .
24.04 E.O. item 24.01 for contractor's overhead and % 1 -
profit
24.05 Allow a Provisional Sum of Kshs. 2,500,000 for Prov. Sum 1 -
Decommissioning Phase ESMP as directed by the
Resident Engineer or as provided in the ESMP in
the specifications .
24.06 E.O. item 24.01 for contractor's overhead and % 1 -
profit
24.07 The Contractor shall provide, transport, and plant No 50,000
trees in accordance with the project's climate
change initiative and sustainability goals. The trees
shall be native or climate-resilient species, selected
to enhance biodiversity, sequester carbon, and
contribute to environmental restoration. The trees
will be maintained by the Contractor during DLP
period.

Total of Bill Carried Forward Summary -

Page 158 of 292


Bill No. 25: HIV/AIDS Awareness And Education

Item Description Unit Quantity Rate Amount Kshs.


Kshs.

25.01 Allow a Provisional Sum of 9,600,000 to month 36


Institute and provide an HIV/AIDS awareness, -
prevention campaign and training including
presentation for monthly reports at site meeting
in accordance with the specification to be
approved by the R.E. for the entire duration of
the contract

Total Of Bill Carried Forward Summary -

Page 159 of 292


BILL NO. 27 : ROAD SAFETY AWARENESS CAMPAIGN

RATE AMOUNT
DESCRIPTION QUANTITY
ITEM UNIT (KShs) (KShs)
Allow a Provisional Sum for
instituting Road Safety Awareness
and Accident Prevention
Campaigns and Training
including preparation and
presentation of monthly reports at
site meetings in accordance with
the specifications to be approved
by the Engineer for the entire
contract period
Instituting a Road Safety
Awareness Campaign and 1
5,500,000
27.01 Accident Prevention Campaign PC Sum
Extra over item 27.01 for
27.02 Contractor's profit and overheads %
Allow for training of Road Safety
Auditors(Engineers, Inspectors
PC Sum 1 5,000,000
etc) as will be directed by the
27.05 Engineer.
Extra over item 27.05 for
%
27.06 Contractor's profit and overheads

TOTAL OF BILL CARRIED FORWARD SUMMARY

Page 160 of 292


APPENDIX TO BILL ITEM NO. 1.02

Item: 1.02: Furniture and Stationary for the office for the Supervisor's Representative
Desc: Provide and maintain furniture and stationary for the Engineer's Representative's office for the duration of the contract

RATE
DESCRIPTION UNIT QUANTITY AMOUNT (KSHS)
(KSHS)

FURNITURE AND EQUIPMENT FOR THE ENGINEER'S OFFICE


OFFICE FURNITURE
Construct and maintain the RE's main office for the entire
contract period in accordance with the specification.
102/1 Item 1
Measuremens and payments to be done in accordance with
clause 141(d) of the standard specification.
102/2 Meeting table (3.0mx 1.2m) with 6 chairs No. 1
102/3 Executive Desk 2.2m x 0.9m with chair and 3 lock up drawers No. 3
102/4 Chairs with arm rests No. 10
102/5 Standard Table (1.5mx 0.9m) with 2 drawers and 2 chairs. No. 4
102/6 Typist's table with one chest of drawers and a chair No. 2
102/7 Plan tables and stools No. 2
Personal computers core i7 with minimum 1 TB hard disc
drive,16GB RAM ,3.5 inch disc drive,52X DVD /CD-RW drive
102/8 No. 5
,2serial and I parallel ports 21''SVGA Digital colour monitor
and the latest windows operating system
Laptop computers core i7, minimum 500 GB hard disc
drive,8GB RAM,
102/9 No. 4
3.5 inch disc drive,52X DVD /CD-ROM drive , TFT colour
screen
2No.HP portable Officejet colour printer compatible with the
102/10 No. 2
above laptops
1HP laserjet or equivalent A3-size printer compatible with the
102/11 No. 1
above personal computer.
The contractor shall supply A4 paper and consumables,for the
102/12 Engineer's printers in a quantity sufficient to complete the Reams 850
contract.
The contractor shall supply A3 size paper and consumables,for
102/13 the Engineer's printers in a quantity sufficient to complete the Reams 75
contract.
1no HP Deskjet 1220 cxi inkjet or equivalent colour printers
102/14 or equivalent including consumables sufficient for the No. 1
duration of the contract.
7no.s UPS (uninterupted power supply) unit I KVA with surge
102/15 No. 7
protector capable to support and backup each PC
1NO HP scanjet 7450C scanner or equivalent with upto
102/16 2400-dpi resolution 50sheet automatic feeder ,fast SCSI and No. 1
USB connectivity to PC
1NO.canon power shot G2 or equivalent digital cameras 20
mega pixels
102/17 No. 1
zoom 3xoptical ,2xdigital ,1 installed memory card,minimum
32GB
1NO.HP designjet 120 or equivalent ploter 36'' media size with
102/18 sufficient No. 1
consumables to complete the contract.
1no.Complete set of latest editions of soft ware complete with
manuals and CDs of a type compatible with the personal
computer disc drives
102/19 2
,windows 7 operating system ,MS office professional
suit,microsoft project and the Latest version AUTOCAD/CIVIL
3D
1no.Safe for cash and valuables min.size
102/20 approx.0.8mx0.5mx.4m to be concreted in place (either wall or No. 1
floor mounted) complete with lock and keys.
102/21 1 Drawing table stools No. 1
102/22 1 set plan drawers(6 drawers) No. 1
102/23 1 two drawer Steel lockable filing cabinet No. 1
102/24 Set of transparent plastic curve quides ,metric. No. 1
8no.Electronic Calculator in number and type HP48GX or
102/25 No. 8
equivalent.
102/26 Fire extinguisher No. 3
102/27 First aid kit No. 2

Page 161 of 292


102/28 Snake bite kit No. 2
102/29 Stapling machines No. 8
102/30 Paper punches No. 8
A3 size Colour photocopy machine with accessories and
102/31 supplies No. 1
sufficient to complete the project
1no.spiral binding machine with consumables sufficient to
102/32 complete the No. 1
contract.
102/33 Water filters No. 6
102/34 Thermos jug 4.5 litres capacity No. 8
102/35 25 cups,25 glasses and 5 coffee sets Set 1
Total

Page 162 of 292


APPENDIX TO BILL ITEM 1.04: PROVIDE AND MAINTAIN FURNITURE AND EQUIPMENT FOR THE
ENGINEER'S LABORATORY

ITEM DESCRIPTION UNIT QUANTITY RATE - AMOUNT


KSHS -KSHS
1. FURNITURE
104/1.01 Desk 2.2x0.9 m with chair and lockup No 2
drawers
104/1.02 Desk chair (standard) No 6
104/1.03 Stationery cupboard, 1.2 m³, lockable No 1
104/1.04 Steel filing cabinet, 4 drawers, lockable No 1

104/1.05 Steel filing cabinet, 2 drawers, lockable No 1

104/1.06 Bookshelf, 3 shelves 1.2 m long (to hold box No 1


files)
104/1.07 Table - 6 m² with 6 Chairs No 1

104/1.08 Two Plate electric heater No 1

104/1.09 Fire extinguisher, 10 litre capacity, CO2 type No 2

104/1.10 Complete first aid kit No 1


EQUIPMENT

(The following equipment shall be purpose made for use in the Engineer's laboratories and shall comply with
the relevant British (BS) or American (AASHTO) Standard)

2. General Equipment
104/2.01 Compaction mould complete with base plate No 5
and extension collar, 101.6 mm dia
x116.43 mm high
104/2.02 2.49kg. Compaction hammer, drop No 5
regulated to 304.8mm

104/2.03 4.535kg compaction hammer drop No 5


regulated to 457.2mm

104/2.04 Electric vibrating Kango Hammer fitted with No 1


steel tamper(BS 1377) with support frame

104/2.05 Straight edge 300 mm long with handles No 6

104/2.06 Steel Tamper (BS1377) compatible with No 4


Kango hammer

104/2.07 Compaction mould 152.4 mm. dia x 116.43 No 3


mm complete with base plate and extension
collar, 101.6 mm
Page 1 C/Forward to Sub Bill Summary

Page 163 of 292


104/2.08 Galvanized metal tray 1m x 0.5m x No 6
75 mm deep

104/2.09 75mm brush No 10

104/2.10 Semi-automatic balance, 25kg No 1


Capacity accurate to 1g, including
weights
104/2.11 20mm BS Sieve, 300mm diameter No 2
104/2.12 Stop Clock No 3
104/2.13 Thermostatically controlled electric No 2
oven 105-1100C, capacity 0.225 m³

104/2.14 As above but gas heated No 1


104/2.15 Moisture content tins, 75 mm dia, No 100
Cadmium or aluminium plated
104/2.16 Cone penetrometer with gauge and No 2
automatically controlled test cup
3. Density (Sand replacement method
BS 1377)
104/3.01 Metal containers 450mm diameter No 4
104/3.02 Stainless steel tray 305mm diameter No 4

104/3.03 Metal tray with 150 mm diameter No 6


hole in the centre, 300mmx300 mm
square or equivalent area, 40mm deep
104/3.04 Metal tray with 200mm diameter hole No 3
in the centre, 500mm x 500 mm
square , 50 mm deep
104/3.05 Steel pegs for fixing tray in position No 100
104/3.06 Sand pouring cylinder, 150 mm No 3
diameter
104/3.07 Sand pouring cylinder, 215 mm No 3
diameter
104/3.08 Cold steel chisel 20mm x 300mmm No 12
104/3.09 Cold steel chisel 10mm x 250mmm No 6
104/3.10 1.5kg hammer No 3
104/3.11 Scoop for removing excavated No 10
material from hole, 250 mm long
handle
104/3.12 100mm brush, soft No 10
104/3.13 50mm brush, soft No 6
104/3.14 Primus gas stove No 3
104/3.15 Calibrating can 150 mm diameter x No 4
150 mm deep
104/3.16 Ditto but 200 mm diameter x 250 No 4
mm deep

Page 164 of 292


4. Density (Nuclear Density method
AASHTO T238)

104/4.01 Nuclear moisture/density gauge No 1


(Troxler 3411B or similar approved)

104/4.02 Hole forming device (drill rod) No 3


104/4.03 Guide for above No 3
5. CBR (AASHTO T193)
104/5.01 CBR mould, 152.4 mm dia x 178 mm No 60
high, complete with perforated base
plate and extension collar 50.8 mm
high that can be fitted to either side of
mould
104/5.02 Perforated swell plate 150 mm dia No 60
with an adjustable centre post of rust
proof metal provided with a lock-nut
104/5.03 2.25 kg split surcharge weight No 50
104/5.04 Set of annular surcharge weights No 50

104/5.05 Solid base plate for CBR mould No 4


104/5.06 Static compaction displacer discs 1 set 2
Nox 61.4 mm, 1 No x 50.8 mm and 2
Nox 38.8 mm thick
104/5.07 Disc lifting handle No 2
104/5.08 Central extruder, complete with 29kN No 1
hydraulic jack and accessories

104/5.09 Automatic CBR Proctor Compaction No 1


press, 50 tonnes capacity with an
adjustable distance between platens of
530mm-250mm, rammer weights
and automatic count selector

104/5.10 Set of guards for above press. No 1


104/5.11 CBR load frame (electric and hand No 1
operated)
104/5.12 Stabilising bar for the above No 1
104/5.13 Proving ring for the above No 2
104/5.14 Proving ring for above, 10 kN and 28 set 2
kN capacity

104/5.15 Penetration gauge range 0 - 25mm No 2

104/5.16 CBR piston including bracket No 2


104/5.17 Swell measurement tripod complete No 3
with guage calibrated in 0.01 mm
divisions
104/5.18 Soaking tank for CBR mould sufficient No 1
for 50 moulds
6. Relative Density of Aggregates (BS
812)
104/6.01 Wire mesh basket with apertures not No 2
greater than 6.5 mm large enough to
contain 2.5 kg of aggregate

Page 165 of 292


104/6.02 A stout watertight container in which No 2
the basket can be freely suspended

104/6.03 Soft absorbent cloth (tea towel) No 40


104/6.04 Shallow tray of area not less than No 2
0.065 m²

104/6.05 An airtight container of similar No 2


capacity to the basket

104/6.06 Pycnometer of 1 litre capacity No 4


104/6.07 Semi automatic 5 kg balance accurate No 1
to 0.1g to be of size and type to permit
the basket containing the sample to be
suspended in water(to be supplied
with weights)
104/6.08 Hairdrier (electric) No 2

7. Flakiness (BS 812)


104/7.01 Thickness gauge (various sizes) No 2
8. Sieve Analysis (BS 1377)
104/8.01 BS Sieve 300mm diameter in sizes 75, Set 2
63, 50, 37.5, 28, 20, 14, 10, 6.3, 5
and 4 mm, plus lid and receiver
104/8.02 BS Sieve 200mm diameter in sizes 2, Set 2
1, 0.6, 0.5, 0.425, 0.300,0.150 and
0.075 mm, plus lid and receiver
104/8.03 Electric sieve shaker No 1

104/8.04 BS sieve 200mm diameter 0.425 and set 1


0.075 mm
104/8.05 1 m x 1 m x 75mm deep galvanized No 10
metal tray
104/8.06 Riffle box with 50mm slots (BS 1377) No 2

9. Miscellaneous Equipment

104/9.01 Wheel barrow No 4

104/9.02 Dustpan and brush No 4

104/9.03 Shovel No 6
104/9.04 Pick axe with handle No 6
104/9.05 Metal scoop, large (150mm wide) No 4

104/9.06 Metal scoop, medium (100mm wide) No 6

104/9.07 Garden trowel No 6


104/9.08 Steel tray 0.3m x 0.3m x 0.01m deep No 20
104/9.09 3.5 kg hammer No 2
104/9.10 7kg hammer No 2
104/9.11 Rubber mallet (1kg) No 4
104/9.12 Cold chisel No 12

Page 166 of 292


104/9.13 Oven, electric thermostatically No 1
controlled to any temperature
between 100 and 1500C, 0.225 cu.m.
minimum capacity including dial
thermometer range 0-1600 0 C(BS
1377)
104/9.14 3 metre straight-edge including No 2
calibrated wedges
104/9.15 500mm x 500mm x 10mm plate glass No 4
(BS 1377)
104/9.16 Steel rod 75mm long x 3.2mm No 4
diameter
104/9.17 Palette knife 200mm long blade No 3

104/9.18 Palette knife 100mm long blade No 4


104/9.19 BS sieve 450mm diameter, 37.5mm No 1
104/9.20 BS sieve 450mm diameter, 20mm No 1

104/9.21 BS sieve 450mm diameter, 5mm No 1

104/9.22 BS sieve 450mm diameter, 0.425mm No 2

104/9.23 BS sieve 450mm diameter, 0.3mm No 2


104/9.24 BS sieve 450mm diameter, 0.075mm No 2

104/9.25 Set of lid and receiver for metal scoop No 2


and steel trays
104/9.26 BS Sieve brush No 10

104/9.27 Measuring cylinder set, 25 ml, 100 set 3


ml, 500 ml, 1000 ml, 2000 ml

104/9.28 Glass jar capacity 5 litres with lid No 10


104/9.29 200mm x 200mm x 20mm cadmium No 30
plated or aluminium tin

104/9.30 Electronic balance capacity 1000 g, No 1


accurate to 0.01gm.
104/9.31 Balance 2000 g capacity accuracy to No 1
0.1g (manual), including weights

104/9.32 Balance 50kg capacity accurate to No 1


10gm including weights
104/9.33 Still for producing distilled water No 1

104/9.34 Polythene or glass 20 litres storage No 3


vessel with tap at bottom
104/9.35 Stiff broom No 5

104/9.36 Vernier calipers, 150mm No 2

104/9.37 Vernier calipers, 250mm No 2


104/9.38 Pestle and mortar No 2
104/9.39 Linear shrinkage mould (BS 1377) No 8

Page 167 of 292


104/9.40 Liquid Limit Device No 2
104/9.41 Average least dimension gauge No 2
104/9.42 Lockable tool box containing: 1 No 1
pr"Molegrips", 2 x 150mm
screwdriver, 2 x 200 mm
screwdriver, 2 x 300 mm
screwdriver,(1 standard and 1 Phillips
head of each) adjustable spanners 200
mm and 300 mm, 1 pair round nosed
pliers, 1 pair general purpose pliers,
104/9.43 Plastic or metal bucket including No 10
lid,10 litres capacity
104/9.44 Polythene wash bottle (500 ml) No 6
104/9.45 A4 size clipboard No 6
104/9.46 Thermometer, range -10°C to150°C, No 4
glass (BS 593)

104/9.47 Laboratory thermometer, range + 0°C No 2


to + 250°C (BS 593)
104/9.48 Maximum and minimum No 2
thermometer (BS692)
104/9.49 Rain gauge No 5
104/9.50 Portable dial thermometer + 50°C to No 3
+250°C accurate to ± 3%

104/9.51 Ditto with 0.75m long stem No 1


104/9.52 Pocket thermometer + 50°C to No 2
+250°C accurate to ± 3% with 0.1 m
stem
104/9.53 5 litre capacity steel storage No 100
containers with leak and dust proof
lids for storage of bitumen samples
104/9.54 Hotplate 200mm diameter with No 2
Simmerstat heat control unit.

104/9.55 450mm diameter x 150mm deep No 10


metal mason's basin
10. Standard Specifications (Copies of
each of the latest editions of the
following Standards)
104/10.01 BS 598 No 1
104/10.02 BS 812 No 1
104/10.03 BS 882 No 1
104/10.04 BS 1377 No 1
104/10.05 BS 1881 No 1
104/10.06 BS 1924 No 1
104/10.07 Standard Specifications for Set 1
Transportation Material and Methods
of Sampling and Testing (AASHTO)
Parts I and II, 14th Edition
104/10.08 ASTM D1559 No 1

Page 168 of 292


104/10.09 Asphalt Institute, Superpave Manual No 1
Series No.2(SP-2)
104/10.10 Overseas Road Note 19 No 1

104/10.11 BS 5911 Part 1 &3 No 1

104/10.12 BS 4449 No 1
11. Concrete: Slump and Cube
Manufacture (BS 1881)

104/11.01 Slump cone, tamping rod and base set 3

104/11.02 Concrete cube mould, 150mm cube No 30


104/11.03 Soaking tank for cubes (capacity 50 No 1
No.)
104/11.04 Cube tamping bars No 3
12. Concrete: Cube Compression
Testing
104/12.01 Concrete compression machine to No 1
BS1610 Grade A with 300 mm gauge,
rectangular platens, capacity 1560 kN
with load pacer
104/12.02 Safety guard for above No 1
104/12.03 50mm distance piece No 1

104/12.04 70mm distance piece No 1

104/12.05 Electro-mechanical load pacer, 100 No 1


mm or equivalent distance piece

13. Aggregate and Chippings

104/13.01 Sand equivalent to AASHTO T176 Set 1


including graduated plastic cylinder,
rubber stopper, irrigation tube
weighted foot assembly, siphon
assembly, 85ml tin box (57mm dia.),
100 mm dia wide mouth funnel, stop
clock,mechanical shaker and 10 litre
jar
104/13.02 Beaker 250ml No 2

104/13.03 Aggregate Crushing Value Apparatus, No 1


130 mm nominal diameter , including
plunger and base plate
104/13.04 Tamping rod and metal measure for Set 2
above
104/13.05 Los Angeles Abrasion to ASTM No 1
standards

104/13.06 Set of 12 abrasive charges No 1

104/13.07 Thermometer, 0°C to +50°C No 2

104/13.08 Thermometer, 0°C to +250°C No 2

Page 169 of 292


104/13.09 Reagent grade Silica gel, 500g No 100
container

104/13.10 Aggregate Crushing Value No 1


apparatus,150mm nominal
diameter,including plunger and base
plate
104/13.11 Tamping rod and metal measure set 1
for above (BS 812)

104/13.12 Transverse distribution of spray test set 1


for bitumen distributor ( tray test to
BS 1707) equipment
104/13.13 Steel tray 20 mm deep x 0.1 m² (for No 6
measuring bitumen spray quantity)

104/13.14 Purpose-made detachable handle No 4


1.5m long to pick above trays

14. Bitumen Spray Test (BS 1707)


and Penetration Test

104/14.1 Transverse distribution of spray test Set


bitumen distributor (depot tray test to 1
BS 1707) or equivalent.
104/14.02 Steel tray 20 mm deep x0.1m2 (for No.
measuring bitumen spray rates) with 4
purpose made detachable handle 1.5m
long.
104/14.03 (a) ELE - Automatic bitumen No.
penetrometer (EL 46-5380/01) with 1
accessories with IP 38oC thermometer
(b) Penetration test cup No. 3
(c) Certified bitumen penetration No. 3
needle
15. Marshall Test(ASTM D 1559)

104/15.01 Petrol driven 100mm diameter core No 2


cutter with all accessories and one
spare kit
104/15.02 Specimen mould + base plate + No 3
extension collar

104/15.03 Specimen extractor No 2


104/15.04 Compaction hammer No 2
104/15.05 Compaction pedestal + specimen No 2
mould holder
104/15.06 Breaking head mould No 3
104/15.07 Electrical 30KN Marshall compression No 1
testing machine

104/15.08 Suitable electrically operated No 1


laboratory mixer, 10 liters capacity

104/15.09 Proving ring 28KN capacity graduated No


in 0.0025mm 1

Page 170 of 292


104/15.10 Flow meter No 1

104/15.11 Suitable mechanical mixer No 1

104/15.12 Water bath minimum 150mm deep, No


thermostatically controlled to 1
maintain water temperature at 60oC +
1oC with perforated false bottom or
equipped with shelf to support
specimen 50mm above the bottom of
bath etc.
104/15.13 Isomantle electric heater for mixing No
bowl of laboratory mixer 1

104/15.14 Thermometer (50oC - 250oC), 50mm No


diameter with 180mm stainless steel 2
stem
16. Bitumen Extraction Test
A) Extractor Bottle Method BS 598
Part 2
104/16.01 Electronic top pan balance 4kg N0. 1
capacity, sensitive to 0.1gm
104/16.02 Flat bottomed scoop N0. 3
104/16.03 Steel garden trowel N0. 2

104/16.04 Large steel spoon N0. 2


104/16.05 Heat resistant gloves pair 10

104/16.06 Foot pump for pressurising air water N0. 2


assemblies up to a maximum of
700KN/m2 and fitted with flexible
hose approximately 1.2m long and
connector
104/16.07 Steel bottle 600ml capacity with N0. 2
49mm rubber stopper
104/16.08 Steel bottle 2500ml capacity with N0. 2
71mm rubber stopper
104/16.09 Steel bottle 7000ml capacity with N0. 2
71mm rubber stopper
104/16.10 Flask funnel for fitting to the 700ml N0. 2
steel bottle with rim of funnel
retaining sieve 200mm nominal
diameter
104/16.11 Bottle roller compact bench mounted N0. 1
unit designed to rotate 2 bottles
simultaneously about longitudinal
axis
104/16.12 Pressure filter complete with cutting N0. 1
tool for making hole in the filter paper

104/16.13 Filter funnel to take 200mm nominal N0. 2


diameter sieves
104/16.14 Centrifuge complying with BS 598 N0. 1
104/16.15 Binder recovery N0. 1
104/16.16 Volumetric flask 250ml, 500ml, set 2
1000ml and 2000ml capacity
Page 171 of 292
104/16.17 Recovery still for Dichloromethane N0. 1

B) Hot Extractor Method BS 598 Part


2
104/16.18 Hot extractor complete with wire No 2
gauze container gasket, cork lid and
support assembly
104/16.19 Dean and Stark receiver with No 2
condenser to suite Trichloroethylene

104/16.20 Gyratory compactor ELE Servo Pac or No 1


equivalent with 1 x 100mm and 1 x
150mm moulds
104/16.21 PRD Vibrating hammer compactor No 1
complete with 6 moulds, 7 base plates
from ELE
104/16.22 Tamping foot 104mm diameter and set 2
146mm diameter and shanks to fit the
supplied vibratory hammer
17. Consumables
104/17.01 Paraffin wax Kg 50

104/17.02 Gas Kg 1000


104/17.03 Gunny sack No 400
104/17.04 Plastic bag 900x450x1000 gauge No 2000
104/17.05 Plastic bag 450x300x1000 gauge No 2000
104/17.06 Filter paper 150mm diameter No 40
Whatman No. 5 (Boxes of 100)

104/17.07 Filter paper 400mm diameter No 20


Whatman No. 5 (Boxes of 100)
104/17.08 Filter paper 100mm diameter No 20
Whatman No. 5 (Boxes of 100)

104/17.09 Filter paper 400mm diameter No 5


Whatman No. 54 (Boxes of 100)

104/17.10 Filter paper 270mm diameter with 33 No 15


diameter hole at centre Whatman No.
5 (Boxes of 100)
104/17.11 Trichloroethylene kg 1000
104/17.12 Dichloromethane kg 1000

104/17.13 Cotton waste kg 400


104/17.14 Gas cylinders compatible with No 10
supplied stoves

104/17.15 Sodium sulphate 3kg pack No 15

Page 11 C/Forward to sub Bill Summary

Page 172 of 292


APPENDIX TO BILL ITEM NO. 1.05

Desc: Allow a prime cost sum to purchase and provide survey equipment and accessories in accordance with
the specifications and as will be directed by the Engineer
DESCRIPTION UNIT QUANTITY RATE AMOUNT
(KSHS) (KSHS)
SURVEY EQUIPMENT
105/1.01 Leica Viva TS12 P 2" R1000 Performance
Robotic Package Smart Station (0,6 mgon)
R1000 type with PowerSearch, automatic target
aiming, reflectorless R1000 EDM, electronic
guide light EGL, laser plummet, 1 keyboard
with 1/4 VGA colour touch screen, Bluetooth /
RS232 / CF card interface, RadioHandle
interface, user manual and container, complete
with RH15, RadioHandle with integrated radio
modem, antenna, user manual (frequency No. 1
range 2400-2483 MHz); CS10 Radio Field
Controller, Ruggedized WinCE field controller
with full VGA touch display, 1GB Flash
Memory, 512MB SDRAM, CF/SD card slot and
2MP camera. Includes bluetooth, internal
WLAN module,internal TPS radio module,
numeric keypad, stylus and all other anciliary
accessories such as batteries,rapid charger, etc
105/1.02 Tripods wild GST/20 or equivalent No. 6
105/1.03 Levels wild NAK2 or equivalent No. 2
105/1.04 Metal (Aluminium) levelling stave (5m)- No. 4
foldable
105/1.05 Steel tape 50m No. 4
105/1.06 Steel tape 25m No. 6
105/1.07 Fibre glass tapes 50m No. 5
105/1.08 Trumeter or equivalent wheeled measuring No. 1
metre
105/1.09 Ranging rods 2.5m No. 10
105/1.10 Ranging rods 2.5m (metal,joinable) No. 10
105/1.11 Optical squares No. 4
105/1.12 Spare batteries No. 4
105/1.13 Rapid charger No. 1
105/1.14 Reflectors with mounts No. 6
105/1.15 Triple prism mount with reflectors No. 2
105/1.16 Tribrachs No. 4
105/1.17 Steel hammer (4kg) No. 4
105/1.18 Spirit level for staves No. 4
105/1.19 Metal pocket rulers (5m) No. 12
105/1.20 Surveying umbrella No. 2
105/1.21 Reflective road safety vests No. 15
105/1.22 Drawing boards (field book frames A4) No. 10
105/1.23 Size metal/wood with plastic cover No. 10
105/1.24 Repair and maintain survey equipment for the
entire project duration Lsum 1
105/1.25 GNSS equipment Real time accuracy SBAS, Post
Processing accuracy, 4GB internal memory
NAND Flash. 32.6 Wh (2200mAh), Battery life No. 1
10 hrs. With all accessories and external radio

Sub Total carried forward to the BoQ

Page 173 of 292


SECTION VII: SPECIFICATIONS

Page 174 of 292


SECTION VI1A: STANDARD SPECIFICATIONS
The Standard Specifications referred to in this document is the Standard Specifications for Road
and Bridge Construction, 1986 Edition published by the Ministry of Transport and
Communications. This document shall form part of the Contract

Page 175 of 292


SECTION VIB: SPECIAL SPECIFICATIONS

Page 176 of 292


TABLE OF CONTENTS
SECTION 1 - GENERAL ___________________________________________ 182
100 SPECIAL SPECIFICATIONS _________________________________________ 182
101 LOCATION OF THE PROJECT ______________________________________ 182
102 SCOPE OF WORKS _______________________________________________ 182
103 CONTRACT DRAWINGS __________________________________________ 183
104 PROGRAMME OF EXECUTION OF THE WORKS ________________________ 184
105 ORDER OF EXECUTION OF WORKS _________________________________ 184
107 TAKING OVER CERTIFICATE _______________________________________ 184
109 NOTICE OF OPERATIONS _________________________________________ 184
111 NATIONAL SPECIFICATIONS_______________________________________ 185
117 HEALTH, SAFETY AND ACCIDENTS _________________________________ 185
121 DIVERSION OF SERVICES _________________________________________ 185
123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS _________________ 186
124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,
INCLUDING TEMPORARY WORKS. _______________________________________ 186
128 STORAGE OF MATERIALS _________________________________________ 188
129 TEST CERTIFICATES _____________________________________________ 188
130 PROGRESS PHOTOGRAPHS ________________________________________ 188
131 SIGNBOARDS___________________________________________________ 188
132 HOUSING ACCOMMODATION FOR THE RESIDENT ENGINEER AND HIS STAFF,
OFFICE AND LABORATORY INCLUDING FURNITURE _________________________ 188
132.1 HOUSING ACCOMMODATION FOR ENGINEER’S STAFF _________________ 189
132.2 LIST OF FURNITURE FOR ENGINEER’S STAFF HOUSES ___________________ 189
132.3 ENGINEER’S MAIN OFFICE ________________________________________ 191
132.4 ENGINEER’S LABORATORY AND SURVEY EQUIPMENT __________________ 195
132.5 MOBILE PHONES FOR ENGINEER’S STAFF AND OFFICE__________________ 197
133 TIME FOR ERECTION OF THE ENGINEER’S OFFICE AND LABORATORY _____ 197
135 MAINTENANCE OF THE ENGINEER’S STAFF HOUSES, OFFICES LABORATORIES,
FURNITURE AND EQUIPMENT ___________________________________________ 197
135.1 Provision of Maintenance and Security _______________________________ 197
137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF ___________________ 197
138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD OF
PAYMENT ___________________________________________________________ 198
139 RECEIPTED ACCOUNTS___________________________________________ 198
140 PAYMENT OF OVERTIME FOR ENGINEER’S JUNIOR STAFF _______________ 198
141 MEASUREMENT AND PAYMENT ___________________________________ 199
142 ENVIRONMENTAL PROTECTION ___________________________________ 199
144 COPIES OF ORDERS AND REQUISITIONS _____________________________ 201
145 SHORTAGE OF BITUMEN AND OTHER MATERIALS ____________________ 201
Page 177 of 292
SECTION 2 - MATERIALS AND TESTING OF MATERIALS ________________ 204
205 SOILS AND GRAVEL _____________________________________________ 204
211 BITUMINOUS BINDERS ___________________________________________ 204
301 SETTING OUT __________________________________________________ 206
302 TOLERANCES ___________________________________________________ 206
SECTION 4- SITE CLEARANCE AND TOP SOIL STRIPPING _______________ 207
401 SITE CLEARANCE ________________________________________________ 207
402 REMOVAL OF TOPSOIL ___________________________________________ 207
403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS ______________ 207
SECTION 5 – EARTHWORKS ______________________________________ 208
501 SCOPE OF SECTION ______________________________________________ 208
504 PREPARATION PRIOR TO FORMING EMBANKMENT ____________________ 208
505 CONSTRUCTION OF EMBANKMENTS _______________________________ 208
508 COMPACTION OF EARTHWORKS __________________________________ 209
509 MASS-HAUL DIAGRAM __________________________________________ 209
511 BORROW PITS __________________________________________________ 209
515 SIDE DRAINS ___________________________________________________ 210
517 MEASUREMENT AND PAYMENT ___________________________________ 210
SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS___ 211
601 GENERAL ______________________________________________________ 211
SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES ____________ 211
703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES ___________________ 211
707 BACKFILLING FOR STRUCTURES____________________________________ 211
709 EXCAVATIONS FOR RIVER TRAINING AND NEW WATER COURSES________ 211
710 STONE PITCHING _______________________________________________ 211
711 GABIONS ______________________________________________________ 212
712 RIP-RAP PROTECTION WORK ______________________________________ 212
714 BACKFILL BELOW STRUCTURES ____________________________________ 212
SECTION 8 - CULVERTS AND DRAINAGE WORKS _____________________ 213
801 SCOPE OF SECTION ______________________________________________ 213
804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS _________________ 213
805 EXCAVATION IN HARD MATERIAL _________________________________ 214
809 BEDDING AND LAYING OF PIPE CULVERTS___________________________ 214
810 JOINTING CONCRETE PIPES _______________________________________ 215
811 CONCRETE BEDS, SURROUNDS AND HAUNCHES ______________________ 215
812 BACKFILLING___________________________________________________ 215
812.1 Filter fabric for backfilling behind structures, drains and revetment works ___ 215
813 PRECAST CONCRETE OPEN CHANNELS ______________________________ 216
814 SUBSOIL DRAINS ________________________________________________ 217

Page 178 of 292


817 MITRE DRAINS, CUT-OFF DRAINS, CATCHWATER DRAINS, SIDE DRAINS, CULVERT
OUTFALL DRAINS AND EARTH DAMS _____________________________________ 218
819 CLEANING AND MAINTENANCE ___________________________________ 218
SECTION 9 - PASSAGE OF TRAFFIC _________________________________ 220
901 TRAFFIC CONTROL AND DEVIATIONS_______________________________ 220
903 MAINTENANCE OF EXISTING ROAD ________________________________ 221
904 CONSTRUCTION OF DEVIATIONS __________________________________ 221
906 PASSAGE OF TRAFFIC THROUGH THE WORKS ________________________ 222
907 SIGNS, BARRIERS AND LIGHTS _____________________________________ 222
909 ASSISTANCE TO PUBLIC __________________________________________ 222
912 MEASUREMENT AND PAYMENT ___________________________________ 222
SECTION 11 – SHOUDERS ________________________________________ 224
1101 GENERAL ______________________________________________________ 224
SECTION 12 - NATURAL MATERIAL SUBBASE AND BASE _______________ 225
1203 MATERIAL REQUIREMENTS _______________________________________ 225
1209 MEASUREMENT AND PAYMENT ___________________________________ 225
1309 PROTECTION AND CURING _______________________________________ 226
1310 MEASUREMENT AND PAYMENT ____________________________________ 226
SECTION 14 - CEMENT TREATED MATERIALS ____________________ 227
1401 CEMENT TREATMENT ____________________________________________ 227
1409 PROTECTION AND CURING _______________________________________ 227
PART A - GENERAL ____________________________________________________ 228
1501A GENERAL ______________________________________________________ 228
PART B - PRIME COAT AND TACK COAT ___________________________________ 228
1502B MATERIALS FOR PRIME COAT AND TACK COAT. ______________________ 228
PART C – SURFACE DRESSING ____________________________________________ 229
1502C MATERIALS FOR SURFACE DRESSING _______________________________ 229
1503C SPRAY AND SPREAD RATES OF BITUMEN AND CHIPPINGS ______________ 229
1505C PRECOATED CHIPPINGS __________________________________________ 230
1511C MEASUREMENT AND PAYMENT ___________________________________ 230
SECTION 16 - BITUMINOUS MIX BASES, BINDER COURSES AND WEARING
COURSES _____________________________________ 230
PART A – GENERAL ____________________________________________________ 230
1603A CONSTRUCTION PLANT _________________________________________ 230
1605A DESIGN AND WORKING MIXES ____________________________________ 231
1606A SITE TRIALS ____________________________________________________ 231
1607A MIXING OF AGGREGATES AND BITUMEN ____________________________ 231
1608A TRANSPORTING THE MIXTURE _______________ Error! Bookmark not defined.
1609A LAYING THE MIXTURE ______________________ Error! Bookmark not defined.
1610A COMPACTION__________________________________________________ 234

Page 179 of 292


1611A FINISHING, JOINTS AND EDGES ____________________________________ 234
1614A TOLERANCES ___________________________________________________ 235
1615A ROAD REINFORCEMENT GRID _____________________________________ 235
1616A MEASUREMENT AND PAYMENT FOR ROAD REINFORCEMENT ___________ 235
1601B DEFINITION ____________________________________________________ 236
1602B MATERIALS FOR ASPHALT CONCRETE _______________________________ 236
1603B GRADING REQUIREMENTS ________________________________________ 238
1604B REQUIREMENTS FOR ASPHALT CONCRETE ___________________________ 238
1605B MIXING AND LAYING ASPHALT ____________________________________ 239
1606B COMPACTION__________________________________________________ 239
1608B SEALING BITUMINOUS SURFACE ___________________________________ 239
PART C – DENSE BITUMEN MACADAM FOR BASE ___________________________ 240
1601C DEFINITION ____________________________________________________ 240
1603C REQUIREMENTS FOR DENSE BITUMEN MACADAM ____________________ 240
SECTION 17 - CONCRETE WORKS _________________________________ 240
1703 MATERIALS FOR CONCRETE _______________________________________ 240
1703 DESIGN OF CONCRETE MIXES _____________________________________ 240
1713 FINISHES ON UNFORMED SURFACES ________________________________ 240
1725 SURFACE FINISHES ______________________________________________ 241
1728 REINFORCEMENT FOR CONCRETE __________________________________ 241
1741 MEASUREMENT AND PAYMENT ___________________________________ 241
SECTION 19 – STRUCTURAL STEEL _________________________________ 242
SECTION 20 - ROAD FURNITURE __________________________________ 244
2001 ROAD RESERVE BOUNDARY POSTS ________________________________ 244
2003 EDGE MARKER POSTS ___________________________________________ 244
2004 PERMANENT ROAD SIGNS _______________________________________ 244
2004B EXISTING ROAD SIGNS __________________________________________ 244
2005 ROAD MARKING _______________________________________________ 244
2006 GUARDRAILS __________________________________________________ 245
2007 KERBS ________________________________________________________ 245
2008 KILOMETRE MARKER POSTS ______________________________________ 245
2011 BOLLARDS ____________________________________________________ 245
SECTION 21 - MISCELLANEOUS BRIDGE WORKS _____________________ 246
2102 BRIDGE BEARINGS ______________________________________________ 246
2105 GUARDRAILS TO BRIDGES ________________________________________ 246
2106 SURFACING TO BRIDGES _________________________________________ 246
SECTION 21A - MISCELLANEOUS BRIDGE WORKS-PILING Error! Bookmark not
defined.
2100 A.1 GENERAL ______________________ Error! Bookmark not defined.
2100 A. 2 BORED CAST-IN-PLACE PILES ______________ Error! Bookmark not defined.
Page 180 of 292
SECTION 22-DAYWORKS ________________________________________ 248
2202 MEASUREMENTS AND PAYMENT__________________________________ 248
SECTION 25 - HIV/AIDS, GENDER ISSUES, SOCIAL ISSUES AND LOCAL
PARTICIPATION ________________________________ 249
2501 SCOPE ________________________________________________________ 249
2502 INTERPRETATION AND DOCUMENTATION __________________________ 249
2503 GENERAL REQUIREMENTS ________________________________________ 249
2504 MEASUREMENT AND PAYMENT ___________________________________ 253

Page 181 of 292


SECTION 1 - GENERAL

100 SPECIAL SPECIFICATIONS

Special specification is supplementary to the Standard Specifications and the two


must be read in conjunction. In any case where there appears to be conflict
between the two then the Special Specifications shall take precedence

101 LOCATION OF THE PROJECT


The project road is located in Kakamega and Nandi Counties and is approximately
25 Km long.
The project road starts at Kakamega Airstrip through Murhanda market, Shinyalu
market, Virhembe market, Kakamega forest and ends at Chepsonoi (Junc B128).
It passes through agricultural potential areas with mainly maize, sugarcane and
tea as main cash crops while the main food crops include maize, bananas and
beans. The road is a gravel/earth road of 5.0 to 6.0 m carriageway width, with
shoulders. The road has a generally good gravel-riding surface with adequate
side drainage.

The site of the works shall be the area within the road reserve and any other
places as may be designated in the Contract. The works involve construction of
the project roads, junctions and any other works as directed by the Engineer.

102 SCOPE OF WORKS


The works to be executed under the contract consist of, but are not limited to, the
following:

1. Provision of Resident Engineer’s Offices and Laboratory


2. Provision of Resident Engineer’s Junior and Senior Staff Housing
3. Construction and Maintenance of deviation roads, improvement and
maintenance of the existing road, and provision of traffic through the works.
4. General Construction is as follows:

i) Site clearance and Top Soil Removal


ii) Construction of Embankment (Earthworks) using S3 quality
material with minimum CBR of 10% and maximum swell of 1%,
iii) Construction of 450mm thick improved sub-grade in 3no. layers,
using S4 quality material with minimum CBR of 14% and
maximum swell of 1%,
iv) Construction of 175mm thick cement/Lime improved gravel Sub-
base (Plant Mixed and Paver Laid, Type of cement is CEM II,
42.5N),
v) Construction of 150mm thick cement/Lime improved gravel base
(Plant Mixed and Paver Laid, Type of cement is CEM II, 42.5N),
vi) Laying of 50mm thick asphalt concrete (SUPERPAVE) covering
both the carriageway and shoulders sealed with single seal surface
dressing (class 2, 10/14mm, pre-coated chippings) for surfacing;
vii) Construction of Pipe, and Box Culverts,
Page 182 of 292
viii) Demolition of existing reinforced concrete culverts and other
concrete structures;
ix) Protection works using stone pitching and gabions as necessary
x) Relocation of services as necessary;
xi) Provision of road furniture, including road marking and traffic
signs
xii) Maintenance of works during construction and during the defects
liability period, which shall be 24 months
xiii) Any other operation ancillary to the main works
The Works detailed above are only indicative of the Scope of Works associated
with this contract and the Engineer may, where necessary, substitute some of the
Works with others within the project area without substantially altering the
overall Scope of the Works. Work shall be measured and paid using the relevant
rates and prices in the Bill of Quantities.

The works will also include for any operations necessary for the safe and
convenient passage of through and local traffic at all times

103 CONTRACT DRAWINGS

Contract drawings have been bound in a book of drawings accompanying these


Contract Documents as a separate volume. Additional copies of these drawings
that may be required by the Contractor can be obtained from the Engineer, in
which case the Contractor will be required to reimburse the cost of producing
such additional copies

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

The changed drawings shall entitle the Contractor such reasonable additional
payments as provided for in the Contract, including any abortive work carried
out by the Contractor prior to notice of intent to undertake changes having been
given. The Contractor may be required to demolish, alter and/or correctly
rebuild at his own expense any part of the Works not in conformity with the
current drawings issued to him within a reasonable prior notice.

Documents
The following manuals that are important and relevant to the contract, will not
be issued with the tender documents but will be available for inspection during
normal working hours at the offices of the Director (Highway Planning and
Design), Kenya National Highways Authority, P.O. Box 49712 - 0100, Nairobi,
Kenya.

Page 183 of 292


Road Design Manual:
Part 1: Geometric Design of Rural Roads
Part 3: Materials and Pavement Design for New Roads

Manual for Traffic Signs:


Part 1: Road Markings
Part 2: Traffic Signs

104 PROGRAMMES OF EXECUTION OF THE WORKS

The contractor shall provide the works programme, required under clause 14 of
the Conditions of Contract, within 14 days of receipt of the Engineer's Order to
commence work

The programme shall be coordinated with climatic and other conditions to


provide for the completion of the works in the order and by the time specified.

The Contractor shall carry out the contract in accordance with the programme
agreed with the Engineer, but he shall in no manner be relieved by the Engineer's
approval of the programme, of his obligation to complete the works in the
prescribed order and by the prescribed completion date and he shall from time
to time review his progress and make such amendments to his rate of execution
of the works as may be necessary to fulfil his obligations.

The Contractor shall allow in his programme for construction of trial sections
and carrying out tests upon them as directed by the Engineer in accordance with
the provisions of Clause 129 of the Standard Specification. The time for
completion of the Contract shall not be extended because of the time taken to
carry out tests and evaluate trial sections.

105 ORDER OF EXECUTION OF WORKS

In addition to Clause 105 of the Standard Specification the Contractor shall carry
out the Works such that a continuous and consecutive output of fully complete
work is achieved.

107 TAKING OVER CERTIFICATE

The minimum length of the road for which a certificate will be issued is as
provided in the appendix to the form of tender, the entire length of the road
segment to be taken over shall be substantially complete.

109 NOTICE OF OPERATIONS

Add the following sub- Clause.

Page 184 of 292


Notification Terms

It shall be the Contractor’s responsibility to notify the Engineer when any item of
works scheduled are completed and ready for approval, and the contractor shall
give sufficient notice to allow control test to be performed.

Explosive and Blasting

(a) The requirements of the Laws of Kenya governing explosives and other
requirements and regulations of Government of Kenya and other authorities
shall be complied with.
(b) No explosives of any kind shall be used without prior written consent of the
Engineer.
(c) The Contractor shall be solely responsible for the provision, handling,
storage and transporting of all explosives, ancillary materials and all other
items of related kind whatsoever required for blasting.

111 NATIONAL SPECIFICATIONS


Add the following at the end of this clause

“The Contractor shall provide all such specifications not more than 60 days after
commencement of contract and at least 14 days before the execution of work to
which the specification is applicable.”

117 HEALTH, SAFETY AND ACCIDENTS

Add the following:

In addition to providing, equipping and maintaining adequate first aid stations


throughout the works in accordance with the laws of Kenya, the contractor shall
provide and maintain on site during the duration of the Contract, a fully equipped
dispensary. This shall be with a qualified Clinical Officer / Nurse who shall offer
the necessary medical advice on HIV and related diseases to the Engineer’s and
Contractor’s Site staff. The Contractor shall allow for this in the rates and be
responsible for all site welfare arrangements at his own cost.

121 DIVERSION OF SERVICES

(a) The Contractor shall acquaint himself with the location of all existing
services such as telephone lines, electricity cables, water pipes, sewers etc.,
before execution of any works that may affect the services. The cost of
determining the location of the existing services together with making good
or repairing of any damage caused all to the satisfaction of the Engineer shall
be included in the BID rates.
(b) Subject to the agreement with the Engineer, the Contractor shall be
responsible for removal of alteration and relocation of existing services.

Page 185 of 292


(c) The Contractor shall indemnify the Employer against claims originating
from damage to existing services or works.

123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS

The Contractor shall keep in close touch with the Police and the other
Government officials of the area regarding their requirements in the control of
traffic, or other matters, and shall provide all assistance or facilities, which may
be required by such officials in the execution of their duties.

124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,
INCLUDING TEMPORARY WORKS.

Notwithstanding Clause 124 of the Standard Specification all requirements of


land for temporary works and construction purposes shall be to the approval of
the Engineer but the Contractor will make all necessary arrangements with the
property owners concerned and pay all charges arising there from. On or before
completion of the Contract, the Contractor shall remove all temporary works and
shall restore all such land to the condition in which it was immediately prior to
the occupation thereof as far as is reasonable and practicable. No separate
payment will be made to the Contractor on account of these items and the
Contractor must make due allowance for them in his rates.

Notwithstanding Clause 120 of the Standard Specifications, the Contractor shall


be required to appoint competent surveyors who will liaise with the Engineer on
matters related to the demarcation of the existing road reserve, site
measurements, removal and reinstatement of existing services.

125 WATER SUPPLY


Add the following sub-clauses:

The proposed water sources for construction are:

(a) Boreholes. The quality of water from boreholes along the project road was
investigated and found to be suitable for road construction. If instructed by the
Engineer, the Contractor shall make arrangements for sinking of the boreholes
for use by the contractor and the community. These arrangements shall include
but not limited to carrying out hydro geological investigations, sinking the
boreholes, construction of supply tanks and all associated works and operation of
the boreholes for the period or part of the contract period. The boreholes shall be
handed over to the Employer at the completion of the contract

(b) Water pans constructed at the edge of the road reserve placed appropriately to
collect surface runoff during rains at locations proposed by the Contractor and
approved by the Engineer to supplement borehole water. These water pans shall
be made safe by fencing. A committee of six responsible for developing water
sharing guidelines between the local community and the Contractor shall be
Page 186 of 292
formed at the onset of the construction works comprising, the Site Agent, the
Resident Engineer, Social Expert (from Consultant), 2no. Village Elders and the
local Assistant Chief.

127 INFORMATION FROM EXPLORATORY BORINGS AND TEST PITS

Omit the content of Clause 127 and substitute the following Sub-Clauses: -

127.1 Factual Materials Report


The Factual Materials Report for this Contract does not form part of the Contract
Documents. However, the Report will be made available for the Contractor's
information only, and any conclusions on issues such as suitability of materials,
location of borrow pits, material quantities etc., made by the Contractor on basis
of the Factual Materials Report, will be at his own risk.

127.2 Trial Sections


The Contractor shall allow in his programme for constructing trial sections and
carrying out tests upon them as directed by the Engineer. Trials would normally
be required at the start of each pavement layer and if changes of materials,
method or equipment deem it necessary as directed by the Engineer.

The time for completion of the Contract shall not be extended because of the time
needed to construct trial sections and evaluate the tests on them.

At least fourteen days before the work of laying any pavement layer is
commenced, the contractor shall construct trial sections of at least 100 m in
length and to the full construction width and the specified pavement layer
thickness. For each trial section, the Contractor shall use the materials, mix
proportions, mixing, laying, compaction plants and construction procedure that
he proposes to use for the main work. The main work of laying the pavement
layer shall not be commenced until this trial has been tested and approved by the
Engineer.

No variation in the construction procedure, mix proportions, size, grading or


source of any of the constituents shall be made without the agreement of the
Engineer who may first require new trial sections to be carried out.

Trial sections, if found satisfactory, will be paid for under the rates in the Bill of
Quantities for the appropriate items, as if the trial sections were part of the
normal work. No separate payment will be made for trial sections and testing and
the Contractor shall be deemed to have provided for this in his rates.

The Contractor shall make good, at his own expense, any trial sections that fail to
meet the specified standards. The standards shall include, but not be limited to,
material quality, layer thickness, levels and compaction.
Page 187 of 292
128 STORAGE OF MATERIALS

All materials shall be stored on Site in a manner approved by the Engineer and
the Contractor shall carefully protect from the weather all work and materials
which may be affected thereby.

129 TEST CERTIFICATES

When instructed by the Engineer the Contractor shall submit certificates of test
from the suppliers of materials and goods required in connection with the works
as the Engineer may require.

Such certificates shall certify that the materials or goods concerned have been
tested in accordance with the requirements of the specifications and shall give
the results of all the tests carried out. The Contractor shall provide adequate
means of identifying the materials and goods delivered to the site with the
corresponding certificates.

130 PROJECT DOCUEMNTATION AND PROGRESS PHOTOGRAPHS

Notwithstanding the provision of Clause 130 of the Standard Specifications, the


Contractor shall not be responsible for taking of progress photographs. Progress
Photographs shall be taken by the Engineer’s Representative and relevant costs
charged to the Contractor who will be reimbursed under Miscellaneous
Accounts. The Engineer’s Representative shall organize and undertake project
documentation through videography and prepare a video documentary of the
project before construction, during and after.

131 SIGNBOARDS

The Contractor shall provide and erect four (4) publicity signboards on each of
the road links as directed by the Engineer. The Engineer shall, as shown in the
Drawings, direct the minimum dimensions of the boards. The signs shall be
printed reflective Vinyl Stickers on galvanised steel plates min 350mm high. Posts
shall be galvanised steel. Main headings lettering shall be Yellow and min 80mm
high, while subheadings lettering shall be White and min 60mm high as per the
drawings.

132 HOUSING ACCOMMODATION FOR THE RESIDENT ENGINEER AND HIS STAFF,
OFFICE AND LABORATORY INCLUDING FURNITURE

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132.1 HOUSING ACCOMMODATION FOR ENGINEER’S STAFF

The Contractor shall provide and maintain furnished houses as indicated in the
drawing or as approved by the Engineer.

132.2 LIST OF FURNITURE FOR ENGINEER’S STAFF HOUSES

Each house shall be provided with new furniture, equipment and fittings to the
approval of the Engineer as listed below respectively:

All the houses and furniture mentioned above shall revert to the Employer after
the completion of the contract.

Payments shall be made under the relevant provisions in the Bills of Quantities.

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Quantity per House Type
Item Description Type I Type Type Type IV Type V
II III
Double Bed (5x6) with “Slumberland” Mattress 3 3 2 0 0
Single Bed (3 ½ x 6) with “Slumberland” Mattress 0 0 0 1 1
Dressing table with mirror and stool 0 0 0 0 0
Chest of 5No. drawers with mirror 3 2 1 0 0
Wardrobe (movable) 3 2 2 1 1
Resident table 3 2 1 1 0
Bedroom chair 2 1 0 0 0
600mm x 450mm high medicine cabinet with mirror 2 1 1 1 1
Bathroom stool 0 0 0 0 0
Towel Rail 2 1 1 1 1
Dining Table (2m x 1m approx.) 1 1 1 1 1
Dining Chairs 6 4 4 0 0
Side Board 2 1 1 0 0
3-piece lounge chairs 2 1 1 1 1
Armchair with cushions 2 2 2 0 0
Coffee table 40 x 45cm high 2 1 1 1 1
Occasional tables, 70x70x45 cm high 1 1 1 0 0
Book case (2m long with 3 shelves) 1 1 1 1 1
Writing Desk with chair 1 1 1 1 1
Kitchen shelves (per sq. m) 1 1 1 1 1
Kitchen table (2m x 0.8m approx.) 3 2 2 1 1
Kitchen chair 3 3 3 1 1
Refrigerator (at least 19 cu.ft.) including a freeze 1 0 0 0 0
Compartment of about 3 cu.ft. capacity
Refrigerator (at least 7 cu.ft) including a freezer 0 1 1 1 1
compartment
Cold water storage tank of at least 400 L capacity 1 1 1 1 1
Water filter at least 15 L capacity 1 1 1 1 1
Table lamps 3 2 2 1 0
Electric fan 1 1 1 1 1
Gas or Electric hot water unit for kitchen 1 1 1 1 1
Gas or Electric hot water unit for bathroom 1 1 1 1 1
Electric & Gas cooker with 4 burners, a grill and an oven 0 0 0 0 0
Electric cooker 2 elements 1 1 1 1 1
Primus stove 1 1 1 1 1
Solar lump 2 2 2 1 1
Dustbin 1 1 1 1 1
Waste paper basket 3 1 2 2 2
Fire extinguisher at least 9L capacity 1 1 1 1 1
Air conditioner unit (medium size) 8 8 3 1 0
2m x 1.5m high curtain with lining 8 8 4 2 0
1m x 1.5m high curtain with lining 12 12 6 3 1

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132.3 ENGINEER’S MAIN OFFICE
The contractor shall provide a furnished and equipped main office of plan area
not smaller than 155 metre square that is equivalent of the MoPW Standard
Resident Engineer’s Office. This office shall be of weatherproof construction,
provided with mosquito proof and burglar-proof windows and lockable doors
and suitably insulated against heat and cold, fitted with air conditioning units, all
to the satisfaction of the Engineer. The room to be occupied by the Engineer’s
Representative and its front office shall be provided with a floor carpet to be
approved by the Engineer. All other floors shall be given a PVC tile finish using
approved adhesive including 150mm wood skirting or superior finish. The
windows shall be fitted with curtains and blinders.

A telephone shall also be provided for the Resident Engineer’s office for his
exclusive use. All the charges and fees related to the installation, maintenance
and operation of the telephone including provision of internet services shall be
deemed to have been included in the rates for providing and maintaining the
Main Office.

The offices shall be provided with day and night watchmen and security lights,
the cost of which shall be deemed to have been included in the rates for the
offices.

The office for the Resident Engineer shall be completely separate from that of the
Contractor.

Latrines and washrooms graded to staff seniority, together with a drinkable water
supply and waterborne sewage disposal shall be provided for the office. The
Contractor shall also provide 24 hours a day security and electricity supply to the
offices and shall allow for any water and electricity consumed and for any
statutory charges associated.

Measurement and payment for the Engineers office and laboratory shall be as
specified in the standard specifications. The rate inserted for provision of the
main office shall include the cost of complying with the requirements of clauses
117, 124, 125, 132, 133, 134, 135, 136 and 137 of the standard specifications.
The office building shall revert to the Contractor at the end of the project.

The Contractor may be instructed by the Engineer under clause 58 of the General
Conditions of Contract to make payments of general receipted accounts for such
items as stationery, stores, furniture and equipment, claims and allowances for
supervision personnel and any miscellaneous claims or the Engineer may direct
the Contractor to purchase or pay for the above. The Contractor will, on provision
of receipts, be paid under appropriate bill items in the BoQ.

The Contractor, when instructed, shall provide and install at the Engineer’s office
the Equipment specified below with a dealer’s certificate and warranty:

Page 191 of 292


a) Photocopying Machine 2No.

Digital copier with the following minimum specifications:

Color: Black & white


Copy Speed A4: 41 - 50 PPM
Print Speed A3: 20 PPM, A4 – 40PPM
Resolution: 600 x 600 dpi
2 x 500 sheet paper cassettes Standard
200 sheets Multipurpose Bypass Standard
Copier Memory 1024MB Standard Min - (Max 2GB) + 80 GB Standard
Printer Memory 1024MB Standard Min (Max 2GB) + 80 GB Shared with
copier
25%- 400% Zoom
Paper size A6 – A3
Recommended monthly volume 6000 copies
Type: Free Standing

(a)
(b) Personal Computer (PC) 2 No.

The rate inserted for the PCs shall include for the provision of the UPS, a
Printer and the software specified below for each PC.

1. Processor Intel Core i7 – 2600 (3.4GHZ, 8MB cache, 4 Cores)


2. RAM 16GB - DDR SDRAM
4. Hard Disk SATA, 1 TB, and Min 7200 RPM
5. Display 17” TFT Colour SVGA with NVidia or Radeon
graphics accelerator with min 1GB video RAM
6. Motherboard FSB speed: 1GHz
8. Expansion slots 4No.
9. Ports 6 USB ports (minimum)
10. Operating system Windows 10
11. Fully multimedia 4 speed CD ROM 52X (minimum) with sound card
and two external speakers 10W minimum.
12. Network Network Ready, Wi-Fi
13. Blu-Ray Drive, not anything less than DVD superdrive
14. 2 years’ warranty

(c) Laptop 8No.

The rate inserted for the Laptop shall include for the provision of a Printer
and the software specified below for each laptop.

1. Processor Intel Core i7 or higher


2. RAM DDR SDRAM 1GHz speed, 16GB (minimum)
3. Disk Cache 1024 MB (minimum)

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4. Hard Drive 1 TB 5400 rpm SATA
5. Video Graphics – NVIDIA GeForce 940M (2GB DDR3L dedicated)
6. Keyboard Full-size island-style backlit with numeric keypad
7. Expansion slots - 1 multi format-SD media card reader, 1 HDMI,
1 headphone/microphone combo, 1 RJ45

8. Ports 4 USB ports 3.0 (1 USB Boost)


9. Operating system Windows 11(or latest)
10. Pointing Device - Imagepad with multi-touch gesture support
11. Network card Integrated 10/100/1000 Gigabit Ethernet LAN
12. Wireless Connectivity – 802.11a/b/g/n/ac and Bluetooth 4.0
combo
13. Sound - Bang & Olufsen with 4 speakers and 1 subwoofer
14. Optical Drive - SuperMulti DVD burner
15. Two years’ warranty
16. Battery life: min 6 hours
17. Built-in webcam min 2MP
Laser jet Printer specifications

1. Speed 20ppm
2. Memory 32MB expandable to 80MB
3. Resolution 1200Xx1200dpi
4. Compatibility MS Windows 95/98/2000/XP/Vista
5. Power input 220-240V
6. Paper size A6 – A4 (A3 for 1No. printer)

1No. Laptop shall be supplied with a printer capable of printing in A3


paper size. While the rest PCs and laptops to be supplied with A4 LaserJet
printers of model Hp2050 or better approved.

UPS specifications

1. Rating 650 VAC (minimum)


2. Input Voltage 220-240V (minimum)
3. Output 220-240V (minimum)
4. Output frequency 50-60HZ
5. Battery module minimum 60 minutes’ backup time on 50% rated
a. Sealed Lead-acid
b. Short recharge time (max. 5 hours for 100%)
6. Protection Output overload
Input output short-circuit

Software

1. Microsoft Office 2024 Professional or later with licence


2. Autodesk Civil3D 2024 or latest Version (with licence)
3. Antivirus: McAfee Virus Scan Professional (Latest Version)

Page 193 of 292


Prior to purchase of the computers, laptops and printers, the contractor shall
submit the specifications of the same to the Engineer for approval. The Personal
Computers, Laptops, printers, UPSs and Photocopying Machine shall revert to the
Employer at the end of the Contract. The contractor shall be paid for these items
under appropriate bill items in the BoQ.

LIST OF FURNITURE FOR ENGINEER’S OFFICE

ITEM DESCRIPTION No.

1 Executive office desk 2


2 Executive office chair 2
3 Conference table 12 seater 1
4 Standard office desk 2.2x0.9 lockable drawers 6
5 Standard office chairs 3
6 Office desks 1.4x0.9 lockable drawers 10
7 Office chairs 22
8 Office desks 3x1 drawers 9
10 Filing cabinets 6 drawers 8
11 Filing cabinets 4 drawers 3
12 Curtains As applicable
13 Office cupboard 3
14 Refrigerator min. capacity 1.0 m3 1
15 Water dispenser (hot and cold) 2
16 Waste paper basket 10
17 Stapling machine (ofrex) and pins 3
18 Paper punch 3
19 Scientific calculator (fx 992s) 10
20 Fully equipped first Aid Kit 2
21 Electric heater fans 4
22 Wall clocks battery powered 5
23 Filing trays 12

All furniture and equipment bought under the Contract shall revert to the
Employer. Payment for provision of the office including the furniture mentioned
above shall be paid against the appropriate bill items in the BOQ.

Note: No separate payment shall be made for provision and maintaining of the
above furniture for both the RE’s office and houses. This will be deemed to have
been included in the rate for provision of the same under the appropriate bill
items.

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132.4 ENGINEER’S LABORATORY AND SURVEY EQUIPMENT

The Contractor shall provide and maintain for the duration of the contract the
Engineer’s laboratory as shown in the Book of Drawings and provide all the
laboratory equipment, reagents and survey equipment as required by the
Engineer. The Contractor shall be paid under appropriate bill items in the Bills of
Quantities or on provision of receipts as required by the Engineer.

The laboratory shall be sited adjacent to the Resident Engineer’s main office and
shall revert to the contractor at the end of the contract.

The laboratory shall have piped potable water supply and a continuous electricity
supply adequate for lighting, heating and operating the laboratory equipment.

The laboratory shall have a height from floor to ceiling of not less than 2.75
metres and all rooms shall be fitted with electric lighting and power points as
instructed by the Engineer’s Representative, and each door shall be fitted with a
good quality mortise lock and provide with two keys.

Soaking tanks for CBR specimens shall be provided at floor level in the laboratory.
Concrete cube curing tanks of adequate size shall also be provided. Both the CBR
tanks and concrete cube curing shall have drainage pipes built-in.

The following rooms and facilities shall be provided in the Laboratory: -

(i) Office
This room shall have a total floor area of not less than 14 square metres and
a total window area of not less than 2 square meters. The door and windows
shall be fitted with fly screens covered with mosquito gauze. The floor shall
be of concrete with a float finish. The walls shall be lined and ceiling provided.

A display board of soft board or similar approved material, with a minimum


surface area of 3 square metres shall be provided and securely fixed to the
wall.

(ii) Main Laboratory


This room shall have a total area of not less than 55 square meters and a total
window area of not less than 7 square metres. The external entrance shall be
a double door and single doors shall be provided for access to the adjacent
offices. The external door and all windows shall be fitted with fly screens
covered with mosquito gauze.

The floor shall be of concrete and float finished. The room shall be fitted out
as indicated by the Engineer’s Representative with three rigidly constructed
work benches each minimum 2 metres long by 1-metre-wide by 1 metre high
and with top comprising either metal lined hard wood or steel float finished
concrete at least 75mm thick and suitably reinforced, with a sink minimum
Page 195 of 292
size 600mm long by 450mm wide by 300mm deep fitted with a tap and waste
pipe. Wall shelves, 450mm in width and having a surface area of at least 6
square metres, shall be provided and securely fitted.

Two display boards of soft board or similar approved material, each with
minimum area of 3 square metres, shall be securely affixed to the walls as
directed by the Engineer’s Representative.

(iii) Small Laboratory Room


This room shall have a total floor area of not less than 20 square metres and
a total window area of not less than 2 square metres. The windows shall be
fitted with fly screens covered with mosquito gauze. A single door shall
provide access to the main laboratory room. The floor shall be fitted out as
indicated by the Engineer’s Representative with two rigidly constructed work
benches each of minimum dimensions 2 metres long by 1-metre-wide by 1
metre high with a top comprising either metal lined hardwood or a steel float
concrete finish of at least 75mm thickness and suitably reinforced, with a sink
of minimum size 600mm long by 450mm wide by 300mm deep fitted with a
tap and waste pipe and concreted to the water supply for the main laboratory
room. An approved air extractor fan shall be fitted through an outside wall.

(iv) Store Rooms


These rooms having a total floor area of not less than 20 square metres shall
be provided adjacent to the main laboratory building in a position to be
indicated by the Engineer’s Representative.

(v) Concrete Slab for Sample Drying


A reinforced concrete slab 100mm thick and of total area not less than 20
square metres shall be provided adjacent to the main laboratory building in a
position to be indicated by the Engineer’s Representative. The slab shall have
a smooth finish to the satisfaction of the Engineer.

The contractor may be directed to pay for stationery, equipment or reagents that
are foresaid and also pay for servicing and repair of the laboratory equipment
being used on the project.

The equipment shall be of approved manufacture, and shall be made available to


the Engineer for the Engineer’s exclusive use throughout the Contract, not later
than three (3) weeks after the Engineer’s order to supply. All equipment shall be
ready to use and complete to perform the tests. The equipment shall revert to the
Employer on completion of the Contract

Any delays to the Contractor or the Contractor’s activities caused by the Engineer
being unable to perform survey work, field or laboratory tests due to the
contractor’s failure to supply and/or maintain the said equipment shall be
deemed to have been caused entirely by the Contractors own actions, and any
consequences of such delays shall be interpreted as such.
Page 196 of 292
The payment to comply with this requirement is provided in the Bill of Quantities
and ownership of all equipment shall revert to the Employer after the completion
of the Works.

Failure by the Contractor to provide or maintain the equipment shall make him
responsible to bear all costs that may be incurred as a result of the Engineer’s staff
using alternative means of communication, including delays in supervision and
approval of Works by the Engineer.

132.5 MOBILE PHONES FOR ENGINEER’S STAFF AND OFFICE

The Contractor shall, if so instructed by the Engineer provide, connect and


maintain mobile phones for the exclusive use by the Engineer and for the
duration of the contract. The Contractor shall provide air-time for these mobile
phones as directed by the Engineer and be reimbursed under appropriate items
in the Bills of Quantities.

133 TIME FOR ERECTION OF THE ENGINEER’S OFFICE AND LABORATORY

As per standard Specifications

135 MAINTENANCE OF THE ENGINEER’S STAFF HOUSES, OFFICES LABORATORIES,


FURNITURE AND EQUIPMENT

Until the issue of the Taking-over certificate for the whole of the Works, and if
required for a period thereafter until the Contractor has completed any
outstanding work.”

135.1 Provision of Maintenance and Security


The Contractor shall maintain all furniture and equipment provided by him in a
useable state of repair and shall replace promptly any item that becomes
unserviceable or is lost.

The Contractor shall provide cleaners, grounds men, and day and night
watchmen for housing camp and offices as directed or instructed by the Engineer
on site, the cost of which shall be included in the rates for providing houses,
offices and laboratory.
Additional armed security shall also be provided as instructed by the Engineer
and payment done under the appropriate item in the Bill of Quantities.

137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF


The Contractor shall pay wages (including all overtime) and provide housing for
all attendant staff to fulfill the requirements of Clause 137 of the Standard
Specifications. Such payments shall be made NOT LATER than the 5th day of the
subsequent month. Failure to make prompt payment will result in a surcharge of
10% on the amount due.

Page 197 of 292


The number of junior support staff required by the Engineer shall be as indicated
in the Bill of Quantities or as instructed by the Engineer. The Contractor will be
paid on a prime cost basis plus a percentage for overheads and profits under
appropriate items in the Bills of Quantities. The payment referred to in this clause
shall exclude the cost of maintaining the offices in compliance with clause 137,
paragraphs 1, 2 and 4 of the standard specifications which are deemed to be
included in the rates for providing the Office.

138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD OF
PAYMENT

The Contractor shall when instructed to do so provide and maintain in good


working condition for the exclusive use of the Engineer and his staff throughout
the contract, brand new vehicles, as described in the Bill of Quantities.

The Contractor shall insure comprehensively the vehicles for any licensed drivers
and shall provide competent drivers during normal working hours and whenever
required by the Engineer including recognized days of rest.

Should any vehicle supplied not be in road worthy condition, the Contractor shall
provide an acceptable equivalent replacement vehicle until such time as the
original vehicle is repaired to the satisfaction of the Engineer and returned for
use.

Payment for the vehicles (up to 4,000Km per veh.month), shall be by vehicle
months. Payment for mileage above 4,000Km per vehicle month, shall be made
at a rate per Kilometre. These payments shall be inclusive of all fuels, lubricants,
servicing, insurance, maintenance, drivers and repairs. The rate shall include any
overtime the drivers might be due or any other allowances in addition to the
normal working hours. Payment shall be made under appropriate items in the
Bills of Quantities.

The vehicles shall revert to the Contractor at the end of the contract.
139 RECEIPTED ACCOUNTS

The Contractor may be instructed by the Engineer to make payments of general


miscellaneous accounts for such items as stationary, stores and equipment and
miscellaneous supervision personnel and claims or the Engineer may direct the
Contractor to purchase or pay for the above. The Contractor will be paid on a
prime cost basis plus a percentage for overheads and profits under appropriate
items in the Bills of Quantities.

140 PAYMENT OF OVERTIME FOR ENGINEER’S JUNIOR STAFF

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In the last line delete the words “shall be at the Contractor’s expense” and
substitute with “including the approved percentage for administrative overheads
shall be paid by the Contractor to the Engineer”.

If the Contractor wishes to execute permanent works outside the Engineer’s


normal working hours as stated in Clause 45.1 of the Conditions of Contract, then
the payment for overtime for the Engineer’s junior staff shall be reimbursed in
full by the Contractor to the Engineer plus a 20 percent additional amount to
cover for the Engineer’s administrative overheads.

If the Contractor wishes to execute the works on regular basis outside the
Engineer’s normal working hours, over a prolonged period, the Engineer may, if
he deems it necessary, employ additional supervisory staff for which the required
salaries, plus twenty (20%) percent additional amount to cover for the Engineer’s
administrative overheads shall be reimbursed in full by the Contractor to the
Engineer. In addition, the Contractor shall provide the required accommodation
for such staff at his own cost. The Contractor shall not be reimbursed any of these
costs.

141 MEASUREMENT AND PAYMENT

Delete Sub-Clause 141 (a) entirely and substitute with: -

a) No Preliminary item has been included in this Contract. All Contractor’s


mobilization and general costs shall therefore be included in relevant rates in
the Bill of Quantities.

Delete Sub-Clause 141 (m) entirely

142 ENVIRONMENTAL PROTECTION

Further to the requirements of Clause 19.1 of the Conditions of Contract, the


Contractor shall be responsible for the following measures to protect the
environment:
1) Compliance with national and local statutes and regulations relating to
protection of the environment. The Contractor will be responsible for
familiarizing himself with all existing national and local legislation in this
regard.
2) All construction activities shall be carried out using the best possible means
to reduce environmental pollution such as noise, dust and smoke. All
vehicles and plant shall be regularly serviced in accordance with the
manufacturer’s recommendations to ensure that they operate efficiently and
without excessive noxious emissions. The Engineer will have the authority
to instruct the Contractor to temporarily cease operations and/or remove
from the site vehicles or plant which do not comply with this requirement,
until such time that he is satisfied that best practicable means to reduce
environmental pollution to a minimum are being used.
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3) The Contractor shall at all times maintain all sites under his control in a clean
and tidy condition and shall provide appropriate and adequate facilities for
the temporary storage of all waste prior to proper approved disposal.
4) The Contractor shall be responsible for the safe transportation and disposal
of all waste generated as a result of his activities in such a manner as will not
give rise to environmental pollution in any form, or hazard to human or
animal health. In the event of any third party being employed to dispose of
waste, the Contractor shall be considered to have discharged his
responsibilities under this clause from the time at which waste leaves sites
under his control, providing that he has satisfied himself that the proposed
transportation and disposal arrangements are such as will not give rise to
pollution or health hazard.

5) The Contractor shall be responsible for the provision of adequate sanitary


facilities for his workforce, and that of his sub-contractors, at all construction
and ancillary sites. The Contractor shall not allow the discharge of any
untreated sanitary waste to groundwater or any surface watercourse.

Prior to the mobilization of the workforce the Contractor shall provide details
of proposed sanitary arrangements to the Engineer for approval, such as will
allow him to assess whether or not the proposed facilities are adequate and
are unlikely to pollute water resources, and also that the facilities will be
properly operated and maintained.

6) All concrete and asphalt plants shall be operated and maintained in


accordance with the original manufacturer’s specifications and manuals,
and in such a manner as to minimize emissions of hydrocarbons and
particulates. If, in the opinion of the Engineer, the operation of such plant is
causing, or is likely to cause nuisance or health problems to site staff or the
general public, the Contractor shall carry out such work as is necessary to
reduce emissions to an acceptable level within a time-scale agreed with the
Engineer.

7) The Contractor shall regularly dowse with water all exposed dirt surfaces to
reduce dust levels.

8) The Contractor shall take all reasonable measures, at all sites under his
control, to prevent spillage and leakage of materials likely to cause pollution
of water resources. Such measures shall include, but not be limited to the
provision of bunds around fuel, oil and bitumen storage facilities, and
provision of oil and grease traps for servicing and fuelling areas. Prior to
construction of such facilities, the Contractor shall submit details of pollution
prevention measures to the Engineer for his approval.

9) The Contractor shall be responsible for ensuring that exposed surfaces are
re-vegetated as construction progresses, all to the satisfaction of the Engineer.

Page 200 of 292


10) The removal of trees shall be kept to the minimum necessary to accommodate
the Permanent Works.

Prior to the removal of any trees the Contractor shall inform the Engineer of
the intended operation and obtain the permission of the Engineer for the
removal of the trees. If any tree is removed without permission the
Contractor shall replant another approved tree at no additional cost to the
Employer.

11) The Contractor shall ensure that fires, except for controlled fires for burning
rubbish, do not start within the Site or in the environs thereto as a result of
the works or from the actions of his employees. The burning of waste, such
as vehicle tyres causing noxious emissions is prohibited. The Contractor shall
have available at all times trained fire-fighting personnel provided with
adequate fire-fighting equipment to deal with all fires. The Contractor shall
additionally at all times provide sufficient fire protection and fighting
equipment local to parts of the Works which constitute particular fire
hazards.

12) The contractor shall as instructed by the Engineer carry out off – road
mitigation measures to the approval and satisfaction of the Engineer and to
the required standards. The contractor shall obtain Environmental mitigation
license for the same and also comply with Environmental Management
Coordination Act (EMCA) 1999, and Environmental Impact Assessment (EIA)
and Environmental Audit (EA) Regulations 2003.

No separate payment shall be made in respect of this Clause 142 and the
Contractor shall be deemed to have allowed in his general rates and prices for the
cost of complying with the requirements of this Clauses.

144 COPIES OF ORDERS AND REQUISITIONS

The Contractor shall provide the Engineer with copies of all orders for supply of
materials and goods required in connection with the works as the Engineer may
require.

145 SHORTAGE OF BITUMEN AND OTHER MATERIALS

The Contractor shall make provisions for obtaining bitumen and other materials
required for the Contract if they are not available locally. In particular, the
Employer shall not be liable for any additional costs due to local lack of bitumen
or any other materials.

Add the following Section after 145

146 BASELINE STUDIES FOR SOCIAL AND ECONOMIC IMPACT STUDIES

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This specification sets out the Contractor’s obligations with regard to instituting
a baseline study for social and economic impact for the project within the area.

146A GENERAL REQUIREMENTS

(a) Social and Economic impact studies


The Contractor shall institute Social and Economic impact studies through a
consultant so as to conduct a baseline survey, midterm evaluation and impact
evaluation to all the component of the project.

The exercise in baseline survey and impact evaluation will be carried out in
coordination with the Authority’s for capacity development and technical
assistance.

(b) Objective

The objective of the assignment is to establish baseline data on the agreed


indicators between the Authority and the consultant in reference to the project
appraisal result framework covering the project road section and other impact
areas. The baseline data will be monitored bi-annually during project
implementation and evaluated at midterm and end term.

Thereafter using the collected data the project will be subjected to impact
evaluation assess the benefits and draw lessons learnt from the project.
The impact study findings shall be used for planning and packaging future
projects and guiding the impact assessment on target groups. The specific tasks
for the consultancy services on the study shall include:

( c ) Scope of the Study


Road development or improvement is geared towards improving the general
welfare of the country and directly to the communities within the project impact
area. To quantify change with respect to the project intervention to address the
identified issues such as inadequate transport capacity, road crashes and high
road user cost along Project road and its environs, the consultant shall conduct
a study to document the current status on the identified socioeconomic
information or pillars , carrying a follow up surveys to analyze the pre and post-
intervention change at mid-term ( after 2 years of implementation or 50% time
elapse of contractual work project whichever is earlier) and end term evaluation
of the project ( 1-2 years after project completion), the consult will incorporate
the non – project area Project road section as a controlled section to assist in
comparative analysis at the end of the project.

The end-line survey for project impact study is expected to develop household
and community questionnaires, focus group interviews and key informant
discussions for quantitative impact evaluation, and implement the survey in the
field (must refer the baseline survey questionnaire).

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All survey instruments should be based on a thorough review of relevant
literature and existing questionnaires, such as the Kenya Census Survey 2019,
Kenya Integrated Household and Budget Surveys (KIHBS), Demographic and
Health Surveys (DHS) and the Micro, Small and Medium Enterprise Study. The
end-line survey should, therefore, be designed to capture not only project outputs
(e.g. roads length built, employment etc) and outcomes (e.g. market prices,
agricultural productivity, access to markets and services, travel times, traffic
volume and travel costs) but also impacts/final welfare outcomes (e.g.
income/expenditure, health and women’s empowerment) and institutional
capacity development in the Authority under training component.

Contractor Responsibilities
The Contractor will employ and designate a qualified Consultant to be approved
by the Engineer, who will work closely with the Client and other relevant bodies
so as to undertake the exercise.

Reporting
The Consultant shall prepare a draft report which shall summarize the findings,
analysis, results and recommendations of the socio-economic baseline and shall
contain all supporting materials to be submitted as will be directed by the
Engineer. The Consultant will therefore be required to make adequate provision
for documentation at Inception, during midterm and Final End Term report.

Payment

Payment shall be made as per the program approved by the Engineer.

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SECTION 2 - MATERIALS AND TESTING OF MATERIALS

All materials testing shall be in accordance with Section 2 of the Standard


Specifications.

205 SOILS AND GRAVEL

Whenever in the Contract Document a minimum California Bearing Ratio (CBR)


is specified, the CBR of the material shall be determined at the specified state of
compaction;
a) After four days soaking in the case of neat materials and
b) After seven days curing plus seven days soaking in the case of
cement/lime improved materials

211 BITUMINOUS BINDERS

a) Requirements
Straight run bitumen in addition to the requirements of the Standard Specification the
ash content of penetration grade bitumen shall not exceed 5% by weight

b) Types of Bitumen
Prime coat shall be type MC30 unless otherwise stated. Tack coat shall be K1-70
emulsion. For surface dressing the binder shall be 80/100 pen grade bitumen cut back
or straight run while binder for asphalt concrete shall be 60/70 pen grade bitumen

228 WORKMANSHIP AND QUALITY CONTROL


The Contractor shall, not later than 4 weeks after the notice to commence the Works,
submit a project specific Quality Management System, including the Work Method
Statements and Quality Audit for major items of work, showing how all the Contractor’s
systems will ensure that all the works will conform to the Contract documents. The onus
rests with the Contractor to produce work which conforms in quality and accuracy of
detail to all the requirements of the Specifications and Drawings, and the Contractor
shall, at his/her own expense, institute a quality control system and provide experienced
engineers, foremen, surveyors, materials technicians, other technicians and other
technical staff, together with all transport, instruments and equipment, to ensure
adequate supervision and positive control of the Works at all times. The Contractor shall
provide chainmen and labourers as necessary for the Engineer to carry out checks on the
Works

The Contractor shall conduct tests or have them conducted continually on a regular
basis, to check the properties of natural materials and processed natural materials and
of products manufactured on the site, such as concrete and asphalt. The Contractor shall
remain fully responsible for any defective material or equipment provided by him.
Similarly, the quality of all elements of the Works shall be checked on a regular basis so
as to ensure compliance with the specified requirements

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The intensity of control and of tests to be conducted by the Contractor in terms of these
obligations shall be adequate to ensure that proper control is being exercised.

Where any natural materials or products made from natural materials are supplied, and
upon completion of each element of the construction work, the Contractor shall test and
check such materials, products and/or elements for compliance with the specified
requirements and shall submit his results to the Engineer for approval. Such submission
shall include all his measurements and test results and shall furnish adequate proof of
compliance with the specified requirements

No specific pay items are provided as compensation for the above obligations, including
the provision of all samples delivered to the Engineer, the repair of places from which
samples were taken, and the provision of the necessary personnel and testing apparatus
and facilities, for which compensation shall be included in the bid rates of the Contractor
for the various items of work to which these obligations apply.

The Contractor shall submit to the Engineer for examination, the results of all relevant
tests, measurements and levels indicating compliance with the Specifications on
completion of every part of the Work

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SECTION 3 - SETTING OUT & TOLERANCES

301 SETTING OUT


a) In addition to the provisions of clause 3.01(a) if the traverse points to be used for
the setting out are close to the existing carriageway and interfere with construction
works then the Contractor will have to relocate them to a location where they will
not be disturbed. The co-ordinates and heights of all traverse points so located shall
be listed and provided to the Engineer for checking and/or approval. Contractor
shall also monument the new centerline every 200m along straight and all salient
points along curves by a pin in the concrete beacon before commencement of any
works.

The road reserve boundary posts shall have 12mm diameter steel pins embedded
in concrete, 200mm long with 25mm exposed to the air, sticking out form its top
surface. This pin shall be coordinated and heighted and result of the same shall be
provided to the Engineer for approval. Cost of these works shall be included in the
rates as no separate item has been provided.

Commencement of the works shall not be permitted until this basic survey data has
been provided and approved by the Engineer for at least 5 Kms of the road.

b) Detailed Setting Out

Reference pegs shall be 50mm by 50mm in section 600mm long driven 400mm
firmly into ground and painted white above the ground. The offset from centre line
shall be indicated by small nail 20mm to 25mm long with its head driven flush
with the top of the peg. Chainages, offset and reference elevation shall be clearly
indicated to the sides of the peg to the satisfaction of the Engineer.

After cutting of benches and prior to commencement of earthworks or subgrade


works, Contractor shall take cross-sections again and submit the copy of the same
to Engineer for agreement. These cross-sections shall then be used as basis of
measurement for all subsequent layers, unless otherwise stated.

302 TOLERANCES
Add the following:
(e) Pavement Widths
For Pavement widths for subbase, base and wearing course, the allowable
tolerances shall be 0 to +50 mm.
(f) Pipe Culverts
The maximum deviation from the specified line of a drainage pipe shall
be: -
Horizontal - 25mm in 3.0 m
Vertical - 30 mm in 10.0 m

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SECTION 4- SITE CLEARANCE AND TOP SOIL STRIPPING

401 SITE CLEARANCE

Site Clearance shall be carried out as directed by the Engineer.

Add the following as the last paragraph in Sub-clause (a):

Site clearance is not required over the gravelled width of existing road and
shoulders. No measurement and payment for site clearance will be made for this
width. The remaining area within the road reserve including sides of existing
embankments and cuttings shall be cleared as instructed by the Engineer. This
operation shall also include the removal of all trees, except for some trees as
directed by the Engineer. The Contractor shall provide paint and all the assistance
the Engineer may require to mark the trees which should not be removed during
site clearance.

The Contractor shall take care not to uproot or damage trees which are within
the road reserve but outside the construction width. After the Contractor has
staked out the extent of the road, the Engineer, with the assistance of the
Contractor, shall mark out the trees to be removed. After removal, the trunks and
branches of these trees shall be cut up into pieces not more than 2.0m in length,
transported and neatly stored at the nearest Ministry of Roads camp or otherwise
in a position to be indicated by the Engineer. No additional payment shall be made
for complying with these requirements and it is deemed the Contractor will have
included its cost in the rates for site clearance.

402 REMOVAL OF TOPSOIL

Topsoil shall include up to 200mm depth of any unsuitable material encountered


in existing or newly constructed drains, drainage channels, and accesses.

403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS

When instructed by the Engineer, the Contractor shall demolish or remove any
structure. Measurement for the works shall be done on dayworks basis and
payments made under the appropriate item in the Bills of Quantities.

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SECTION 5 – EARTHWORKS

501 SCOPE OF SECTION


The scope of this section includes all earthworks associated with the Contract,
including roadside amenities, service roads, walkways and any widenings

504 PREPARATION PRIOR TO FORMING EMBANKMENT

In cuttings, the contractor shall excavate to a level that would accommodate the 300mm
subgrade and the existing ground below this MUST be processed and compacted in
accordance with clause 504 of the standard specifications.

Where benching is required to existing pavement to accommodate new cross section, the
rate for compaction of resultant ground shall be deemed to cover this activity

Excavation in the pavement of the existing road shall be kept dry. In the event of water
penetrating the underlying layer, construction of the subsequent layers shall be
postponed until the underlying layers are dry enough to accommodate the construction
plant without deforming or otherwise showing distress. This shall be confirmed through
proof-rolling.

Step construction shall be carried out per layer at the joint where excavating both
vertically and perpendicular to the direction of the travel. The step shall be 500mm
perpendicular to the direction of the travel and 150mm vertical unless otherwise
instructed by the Engineer

Special care shall be taken when compacting the new material at the joint ensuring that
specified density is achieved

505 CONSTRUCTION OF EMBANKMENTS

Only material approved by the Engineer shall be used in embankments. Soft fill material
shall comply with the following requirements:

• Organic matter less than 5% by weight


• CBR of not less than 10% for carriageway and shoulders measured after 4-day
soak on a laboratory mix compacted to a dry density of 95% (AASHTO T 99)
• Swell less than 1% on the laboratory mixed sample

Subgrade is defined on the Drawings, and subgrade material shall comply with the
requirements of Clause 505 except that the CBR shall have a value of not less than 14%
measured after a four (4) day soak on a laboratory mix compacted to a dry density of
95% MDD (AASHTO T180)

Improved subgrade layer is defined on the Drawings and shall comply with the following
requirements:

• CBR of not less than 14% measured after 4day soak on a laboratory mix
compacted to a dry density of 100% (AASHTO T 99)

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• Plasticity Index less than 30%
• Swell less than 1% on the laboratory mix sample.
• Placed in layers not exceeding 150mm thick

Improved Subgrade shall mean the upper 450mm of earthworks, either in-situ or in fill
and subgrade shall be provided as part of the earthwork operation, and payment shall
be made as fill.

No extra payment will be made for haulage of suitable material from borrow pits as the
overhaul costs shall be deemed to have been factored in the rates inserted in the Bills of
Quantities

508 COMPACTION OF EARTHWORKS

At pipe culverts, all fill above ground level around the culverts shall be compacted to
density of 97% MDD (AASHTO T180) up to the level of the top of the pipes or top of the
surround(s), if any and for a width equal to the internal diameter of the pipe on either
side of the pipe(s) or surround(s) as applicable.
At locations adjacent to structures (up to 100m away from structure), all fill above
ground level up to the underside of the subgrade shall be compacted to density of 95%
MDD (AASHTO T180). In case of fill around box culverts this should be carried out for
the full width of the fill and for a length bounded by the vertical plane passing through
the ends of the wingwalls
Notwithstanding the provision of clause 503 of the standard Specification, Compaction
of subgrade material (i.e. material immediately below formation) in cut areas shall not
be carried out by the contractor in areas where the formation is formed in hard material,
unless specific instructions to the contrary are issued by the Engineer
Where improved sub-grade material shall be required, the material shall have a CBR
greater than 14% and this shall be compacted and finished to the same standards and
tolerances as those required for normal subgrade and clauses in the specifications
applying to normal subgrade shall also apply.
509 MASS-HAUL DIAGRAM

Delete Clause 509 entirely and substitute “No Mass-Haul diagram has been
provided with the Documents. The Contractor shall be responsible for locating
suitable materials for constructing earthworks along the alignment and elsewhere
and shall include in his rates for fill, spoil and for the cost of haulage”.

511 BORROW PITS

The first part of the Standard Specification is amended as follows: -

Fill material which is required in addition to that provided by excavation shall be


obtained from borrow pits to be located and provided by the Contractor but to
the approval of the Engineer contrary to what has been stated.

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515 SIDE DRAINS

Whenever excavation works in side drains constitutes a separate operation from


the bulk earthworks, such excavation shall be classified as catchwater drains
under Section 8 of the Specifications

517 MEASUREMENT AND PAYMENT

Notwithstanding the provisions of clause 517 of the standard specifications, the rate for
compaction of fill in soft material shall allow for the requirements of clause 508 of the
special specification and no extra payment shall be made for compaction around pipe
culverts (97% MDD AASHTO T180)
Quantities for embankment widening shall be measured using the final compacted
volume of fill material over the existing embankment after removal of topsoil. Payment
for fill for widening shall be made under Item 5.01 of the Bill of Quantities. No payment
shall be made to the Contractor for any additional earthworks resulting from his
construction methods, or for working space for his construction plant and equipment,
or for complying with the requirements of Clause 504. The Contractor shall include the
cost of benching in his rates and prices.
The rate for cut to spoil shall also allow for cutting to spoil in any waterlogged areas.
No separate payment shall be made for overhaul, and the cost of haulage shall be
included in the Contractor’s rates and prices for earthworks.
The rates in the Bill of Quantities shall also include for earthworks associated with
roadside amenities, service roads, walkways and any widenings

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

601 GENERAL

Notwithstanding any indications to the contrary in the Standard specification the


Engineer will not make available to the Contractor any land for quarries, borrow pits,
stockpiles and spoil areas, except for those areas in road reserves specifically approved
by him
The contractor will be entirely responsible for locating suitable sources of materials
complying with the Standard and Special Specifications, and for the procurement,
Wining, haulage to the site of these materials and all costs involved therein. Similarly,
the contractor will be responsible for the provision and costs involved in providing
suitable areas for stockpiling materials and spoil dumps. Should there be suitable sites
for spoil dumps or stockpiles within the road reserve forming the site of the works the
Contractor may utilize this subject to the approval of the Engineer
No additional payment will be made to the Contractor to cover costs arising from the
requirements for this Clause and the Contractor must include these costs in the rates
inserted into the Bills of Quantities

SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES

703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES


Unless otherwise instructed by the Engineer, all excavated surfaces in material other than
hard material, on which foundations for structures shall be placed, shall be compacted
to 97% MDD (AASHTO T180) immediately before structures are constructed.
Paragraph 4, last line: - Replace "95%" with "97%" and “T99” with “T180”

707 BACKFILLING FOR STRUCTURES


All backfilling material shall be selected backfill complying with the requirements for a
natural subbase material given in Clause 1203. Unless otherwise instructed by the
Engineer, all backfilling material shall be compacted to a minimum of 97% MDD
(AASHTO T180).
Porous filter material shall be clean, uniform, sand or crushed aggregate with a d50
between 0.4mm and 1.2mm and less than 5% particles finer than 75micron sieve. The
d100 must be lower than 5mm
709 EXCAVATIONS FOR RIVER TRAINING AND NEW WATER COURSES
Payments for river training and establishment of new watercourses shall only be made
where such work constitute permanent works. Works done for road deviation or other
temporary works shall not qualify for payment.
710 STONE PITCHING
Stone pitching to drains, inlets and outlets of culverts, to embankments and around
structure shall consist of sound unweathered rock approved by the Engineer. The stone
as dressed shall be roughly cubical in shape with minimum dimensions of 150 x 150mm
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for normal thickness of stone pitching. Cement mortar Grouting will be done for all stone
pitching areas and the top line of the stone pitching should be grouted/sealed with
concrete class 15/20. The cement shall be mixed with sand in the ratio of 1:3 by volume
to form the grout.
The surface to receive the pitching shall be compacted and trimmed to slope and the
stone laid, interlocked and rammed into the material to give an even finished surface.
Soil erosion is rampant along the project location and this can be minimized by ensuring
that proper protection works is carried out along the drains using stone pitching. Most
of the sections shall be stone pitched especially areas where we have steep slopes to
minimize undermining of the road by rain water or as may be instructed by the Engineer.
In areas where stone pitching has been damaged, the Contractor shall identify such areas
and notify the Engineer for his agreement of the extent of the Works required and his
approval and instructions to proceed with the Works. Stone Pitching Repair and
reconstruction shall be carried out in accordance with Clause 710 of the Standard
Specifications.

711 GABIONS
Where instructed by the Engineer the Contractor will install gabions as protection works
to washout areas or bridge Piers and or Abutments. Gabions shall be constructed in
accordance with Clause 711 of the Standard Specification
In cases where existing gabions have been damaged, the Contractor shall identify them
and notify the Engineer for his agreement of the extent of the Work required and his
approval and instructions to proceed with the Works
The Works shall involve removal of the damaged gabions / rocks, excavation to the
correct levels and grades as directed by the Engineer, and in accordance with Clause 711
of the Standard Specifications and reconstruction with new gabions and other necessary
materials as necessary. The damaged gabions shall be recovered and transported to
KeNHA’s Regional Director’s offices

712 RIP-RAP PROTECTION WORK

Quarry waste or similar approved material shall be used to backfill scoured and eroded
side, outfall and cut-off drain. The material shall be compacted to form a flat or curved
surface preparatory to stone pitching of drainage channels, existing and new scour
checks as directed by the Engineer
The surface to receive the pitching shall be compacted and trimmed to slope and the
stone hand laid, interlocked and rammed into the material to give an even finished
surface. The interstices of the Pitching shall be rammed with insitu material. The insitu
material immediately behind the pitching shall be compacted to minimum density of
95% MDD compaction (AASHTO T180)

714 BACKFILL BELOW STRUCTURES

All backfilling material shall be selected backfill complying with the requirements for a
natural subbase material given in Clause 1203. Unless otherwise instructed by the
Engineer, all backfilling material shall be compacted to a minimum of 97% MDD
(AASHTO T180).
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SECTION 8 - CULVERTS AND DRAINAGE WORKS

All concrete works for culverts and other drainage structures shall be done in
accordance with Section 17 of the specifications

801 SCOPE OF SECTION

Amend as follows:

The operations specified in this section apply to the installation of drainage works and
reinstatement and improvement of the same.

In addition, this Section covers: -

- Installation of 600 mm, 900 mm or 1200 mm diameter pipe culverts using the
balloon casting technology or precast pipes rings.

- Desilting and cleaning of existing pipes and outfall drains to make them free
flowing.

804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS

The Standard Specifications are amended as follows:

(a) In paragraph 6, line 3, and in paragraph 7, line 5 and in paragraph 11, line 6,
"95% MDD (AASHTO T99)" and insert "97% MDD (AASHTO T180)".

(b) Removal of Existing Pipe Culverts

Where instructed by the Engineer, the Contractor shall excavate and remove
existing culvert pipes and the void left after removal of culvert pipes shall be
widened as necessary to accommodate new concrete bedding, pipe and
haunching.

The void left by removal of pipes and end-structures shall be carefully preserved
in order to accommodate replacement with 600 mm, 900 mm or 1200 mm
diameter pipe culverts as directed by the Engineer.

Regarding backfill, reference is made to Clause 812.

(c) Excavation for Culverts and Drainage Works

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The Contractor shall carry out all excavations for new culverts and drainage works to
the lines, levels, inclinations, and dimensions shown on the Drawings or as instructed
by the Engineer.

805 EXCAVATION IN HARD MATERIAL

In the Standard Specifications, Sub-clauses 805(a) and 805 (b) delete ""95% MDD
(AASHTO T99)" and insert "97% MDD (AASHTO T180").

In sub-clause 809(a), paragraph 1, line 1, substitute "95% MDD (AASHTO T99)" with
"97% MDD (AASHTO T180").

In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and
shaped" insert the words "to "97% MDD (AASHTO T180").

Hard material is material, which can be excavated only after blasting with explosives,
or barring and wedging or the use of a mechanical breaker fitted with a rock point in
good condition and operated correctly. Boulders of more than 0.2m3 occurring in soft
material shall be classified as hard material.

809 BEDDING AND LAYING OF PIPE CULVERTS

In sub-clause 809(a), paragraph 1, line 1, substitute "95%" with "100%".

Amend sub-clause 809(b), paragraph 1 as follows:

Where pipes are laid on a concrete bed the pipes shall be bedded on class 15/20
concrete at least 50mm thick, and extending the full width and length of the pipe
barrel.

In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and
shaped" insert the words "to 97% MDD (AASHTO T180)".

Add the following Sub-Clause 809(d):

Bedding, Laying and Surround for Concrete Pipe Culverts Cast In-Situ

In addition to the requirements of the Standard Specification, where the inflatable


balloon method of casting culverts in-situ is used, thorough pre-construction trials
shall be carried out and the necessary adjustments made to ensure that: -
(i) Line and grade of the culverts is achievable
(ii) The balloons and the pressure gauge/machine are in good working conditions
(iii) The inner concrete barrel surface immediately in contact with the inflated
balloon form shall achieve class F3 finish.

Besides this the following amendments shall be made; -


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(a) Where inflatable balloons are used, the surround shall be 200mm.
(b) Concrete surround shall be “class 20/20”.
(c) BRC A193 mesh will be provided within the surround and bed as provided for in
the drawings or as instructed by the engineer
The Contractor may propose an alternative method of casting culverts in-situ, which
shall be subject to the approval of the Engineer. Culverts shall be constructed to
conform with dimensions shown on the drawings.

Measurement and payment for culverts cast in-situ by use of balloon method or any
other approved method shall be made per linear meter under the existing bill items.
The rates inserted shall allow for compaction of the bottom of excavation to 100%
MDD (AASHTO T.99) and the BRC mesh used.

810 JOINTING CONCRETE PIPES

Add as follows:
The concrete pipes for the culverts shall have ogee joints and will be jointed by 1:2
cement: sand mortar and provided with fillets on the outside as described in clause
810 of the Standard Specification.

811 CONCRETE BEDS, SURROUNDS AND HAUNCHES

Amend the Standard Specification line 1 of the second paragraph, to read as follows:-

All concrete for beds shall be of class 15/20 whilst concrete for surrounds and
haunches shall be of class 20/20 for cross drain culverts, complying with Section 17
of this Specification formed to the dimensions shown on the drawings or as instructed
by the Engineer.

812 BACKFILLING

In the Standard Specifications, clause 812

Delete paragraph 6 “for pipe culverts depth of 150mm”, entirely.

Wherever the expression "dry density of 95% MDD (AASHTO T. 99)" occurs delete
and replace with "dry density of 97% MDD (AASHTO T180)".

The rates entered for laying of pipe culverts shall allow for backfilling to pipe culverts
and compacting to 97% MDD (AASHTO T180) and these works shall not be measured
and paid for separately.

812.1 Filter fabric for backfilling behind structures, drains and revetment works

Where filter fabric is specified, it shall be durable non-woven geotextiles or synthetic


fibres, unaffected by soil acidity, soil alkalinity and bacteria. The fabric shall be made

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by an approved, reputable manufacturer and shall have a mass and strength at least
equal to the following criteria:

Mass Wide Strip Mullen Burst


g/m2 Tensile Strength Strength kPa
kN/m2
Under and For Drainage
180 Mean 12/12 2160
Material
Behind bridges, Box culverts,
Under Gabions, Gabion
250 Mean 18/18 3040
Mattresses or Grouted Rip –
Rap
Under Rip-Rap and Rockfill 300 Mean 21/21 4200

The mesh size of the fabric shall be sufficient to effectively retain the material on which
it is placed but shall not be greater than 150 microns.

The fabric shall be installed in accordance with the manufacturer’s instructions. The
fabric shall be placed on levelled ground, with sharp rocks and other objects which are
likely to damage the fabric being removed and all pits and depressions being backfilled
and compacted.

The fabric shall be overlapped by a minimum of 300 mm and stitched at joints in such
a manner that the strength of the joints is at least 50 per cent of the strength of the
fabric.

Rip-rap or gabions or other materials, as applicable, shall be placed carefully on the


filter fabric in such a way as to avoid damage to the fabric. In any event construction
procedures shall ensure no damage to the filter fabric or impairment of its design
function. Should the filter fabric be damaged, it shall be replaced, including removal
of the overlay material, in a manner approved by the Engineer.

No mechanical plant shall traffic over filter fabric unless a minimum thickness of 200
mm of fill material has been placed over the fabric.

813 PRECAST CONCRETE OPEN CHANNELS

Add the following to the standard specification clause 813: -

813.1 Half Round Open Channels


These shall be provided as directed by the Engineer and in compliance with sections
813 and 820 of the standard specifications.

813.2 Invert Block Open Channels


These shall be provided as directed by the Engineer and in compliance with sections
813 and 820 of the standard specifications.
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Where directed by the Engineer, the Contractor shall excavate in any material provide
and place concrete for the bedding, backfill and remove surplus material to spoil,
provide, lay and joint precast concrete invert blocks, side slabs, slotted drains and gulley
chambers.

Precast concrete invert block side drains and gulley chambers shall comply with the
requirements of BS 340, and shall be laid in accordance with the drawings.

Precast concrete invert block drains and side slabs shall be formed of concrete of the
class specified and to the dimensions shown on the drawing. Drains shall not normally
be laid to a radius of a curvature less than 10 times the bed width or a diameter of the
drain.

Invert block drains shall be constructed in the positions and to the levels and dimensions
shown on the drawings or as directed by the Engineer. The earth sides to such channels
shall be neatly finished to a slope of 1: 1 or such other slope as the Engineer may direct.
Invert block drains and side slabs shall be laid on 100 mm thick compacted approved
gravel material and neatly jointed with mortar consisting of 1:3 cement: sand by
volume.

813.3 Invert Block drain

Where instructed, the Contractor shall excavate, compact the excavated bed to 97%
MDD AASHTO (T180), backfill as necessary with selected material compacted to 97%
MDD AASHTO (T180) lay and joint invert block drains of 300mm diameter with two
side slabs.

814 SUBSOIL DRAINS


Add the following:
In the event of excavation for repairs exposing local seepage, springs or high water
table, the Engineer may instruct the provision of counter fort or French drains.
These drains shall consist of a trench excavated to the alignment, width, depth and
gradient instructed by the Engineer and backfilled with approved compacted clean
hard crushed rock as specified in Clause 814 of the Standard Specification. Where these
drains lie within the carriageway, the carriageway shall be reinstated with compacted
graded crushed stone or stabilized gravel and surfaced with hot asphalt or a surface
dressing as instructed by the Engineer.
Payment will be made in accordance with Clause 820 of the Standard Specification.

814.1 Filter Fabric to Sub-Soil Drains

A filter fabric shall be placed under, around and over rock fill of the sub-soil drains.
The provisions and placing of the fabric shall be in accordance with Clause 814 of the

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Standard Specification and Clause 822 of the Special Specification. Payment shall be in
square metre of the fabric used.

817 MITRE DRAINS, CUT-OFF DRAINS, CATCHWATER DRAINS, SIDE DRAINS, CULVERT
OUTFALL DRAINS AND EARTH DAMS

Add the following Sub-Clauses:

817.1 Cleaning Existing Drains

In areas of existing side drains, mitre or outfall drains where such are blocked, the
Engineer shall instruct the Contractor to clean and clear the drains to free flowing
condition.

The work shall consist of:


(a) Stripping and removal of any extraneous material to spoil including vegetation
and roots in the drains to the satisfaction of the engineer.
(b) Spreading of any spoil to the satisfaction of the Engineer.
(c) Shaping the drains to free-flowing condition as directed by the Engineer.

No extra payment will be made for cleaning of existing chains, and the costs shall be
included in other Bill items.

817.2 Channels

The Engineer may instruct that the Contractor provides open channels in place of
existing sub drains where the latter may be damaged or in any other place. The rates
entered by the Contractor in the Bill of Quantities must include for removal and disposal
of any sub drain material, excavation to line and level, backfilling and compaction as
directed by the Engineer.

The channels shall be constructed of precast class 20/20 concrete of minimum 80 mm


thickness and lengths or widths not exceeding 1000 mm. Joints shall be at least 15 mm
wide filled with 1:2 cement sand mortar.

817.3 Spoil Material

The Contractor shall be responsible for removal from site of all materials excavated in
the course of undertaking works in this section of the specifications, unless suitable for
re-use, and deposit of the material in a spoil dump to be approved by the Engineer.

819 CLEANING AND MAINTENANCE

Add the following:

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819.1 Desilting of Pipe Culverts

Where instructed, the Contractor shall desilt the existing pipe culverts by removing all
the material from the pipe to make them clean and free flowing.

No separate payment will be made for such work and provision should be included in
the rates.

820 MEASUREMENT AND PAYMENT

Add Sub-Clause 823(r): -

Item : Concrete for balloon cast pipes/culverts


cast in-situ
Unit : m3

The rate for concrete for each size of culvert instructed shall include for the
surround and for the bedding as instructed including the A193 BRC mesh and
shuttering, calculated from the dimensions given in the drawings or as directed
by the Engineer.

The rate shall also include for the cost of providing and placing the concrete and
complying with the requirements of Clauses 809, 810, 814, 819 and 1713 of the
Standard Specification.

No extra payment shall be made for provision of inflatable forms/balloons and


other requirements for casting culverts in-situ and the Contractor shall be
deemed to have provided for these in his rates and prices.

Add Sub-Clause 823(s): -

Item : Invert Block Drain


Unit : m

The payment for the invert block drain shall include the cost of the bottom drain
and two side slabs and shall be measured in a linear metre.

Add Sub-Clause 823(t): -

Item : Geotextile
Unit : m2

The payment for the geotextile shall be in square metres and shall include the cost of providing
and placing as per the specifications or as instructed by the engineer

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SECTION 9 - PASSAGE OF TRAFFIC

901 TRAFFIC CONTROL AND DEVIATIONS


a) Programme for the Control of Traffic
Following the award of the contract, the Contractor shall submit to the Engineer a
detailed Traffic Control Plan. Such plan shall be approved by the Engineer, and where
necessary, by the appropriate statutory authority, before the Contractor commences work. The
plan shall but is not limited to, the method of protection of the public and give details of the
duration and hours of operation, location, type and numbers of traffic safety devices,
barricades, warning signs, flag men equipped with two way radios and the like. The Traffic
Control Plan shall be in accordance with and complimentary to the Programme of Works
submitted under Clause 104

During the preparation of this Traffic Control Plan, the Contractor shall take
into consideration the following;

i) The Contractor shall conduct his operations in such a manner that no greater
length or amount of work is undertaken than he can efficiently carry out having
due regard to the rights and conveniences of the public and the requirements of
this Section.

ii) If the Contractor proposes a road closure, he shall provide an alternative routing
of the traffic, which must be approved by the Engineer.

iii) No revisions shall be made to the Traffic Control Plan without the prior
written approval of the Engineer and the Contractor shall allow fourteen (14)
days for the Engineer to review any request for revision of the Traffic Control
Plan.

iv) The Traffic Control Plan shall conform in all respects with the requirements of
this Specification.

b) Penalty to comply with the requirements of Section 9


The failure or refusal to comply on part of the Contractor and or maintain the deviation,
improve and maintain the existing road ahead of the works at the proper time, or to take the
necessary actions for the safety and convinience of the public traffic as required by the
statutory authorities, or as instructed by the Engineer, shall be sufficient cause for the
Employer to apply a deduction of Kshs. One Hundred and Fifty Thousand (150,000) per day
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from any monies due to the Contractor, until all provisions prescribed have been complied
with to the satisfaction of the Engineer.

c) Contractor’s inspection of the site


The Contractor should allow for the costs of complying with the requirements of this
clause in his rates. The Contractor will be deemed to have inspected the site and satisfied
himself to the adequacy of his bid for these works and no additional payments will be
made to the Contractor for any expenditure on traffic control or the provision of
deviations. The Employer shall not be liable for inadequate prior investigations of this
nature by the Contractor.

(d) Standard of Construction works


The standard of all works carried out under this Section shall comply with the
requirements of the appropriate sections of these Specifications
903 MAINTENANCE OF EXISTING ROAD
The Employer shall hand-over the existing road to the contractor at the commencement
of the Contract. The Contractor shall be responsible for all repairs and maintenance
during the duration of the Contract. Where the existing road is gravel, the Contractor
shall maintain it with suitable approved gravel of properties detailed in 904 (c) below.
Where the existing road is paved, the contractor shall maintain it by repairing the
potholes and edge breaks asphalt concrete. The work shall include, but not limited to,
excavating and trimming around the pothole or edge break and removing deleterious
material
The Contractor shall regularly inspect the road and carry out such repairs and
maintenance to the satisfaction of the Engineer. If at any time, the Engineer draws the
Contractor’s attention to a road section which requires maintenance, the contractor shall
promptly repair the section. The contractor shall be legally responsible for any accident
or damage attributable to his failure to maintain the road.
904 CONSTRUCTION OF DEVIATIONS
a) General
In addition to requirement of this clause, the maximum length of deviation road shall
be restricted to 2Kms at any given time unless otherwise instructed. The Contractor
shall construct and complete deviations to the satisfaction of the Engineer before
commencing any permanent work on the existing road. Also during these works the
contractor is supposed to provide a detour of adequate pipe culverts for pedestrian
and traffic crossing where there is bridge works.
Contractor will be allowed to open further 2Km of the deviation road only when 80%
of the permanent work has been completed on first one and he will not be allowed
to open further 2Km till he has completed first 4Km of the road and has it opened to
traffic
Where the old road exists near the main road, the Contractor shall use this road as
deviation road.

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b) Geometry

The carriageway width of the deviations shall not be less than 6.5m wide and suitable
for 2-way lorry traffic unless otherwise specified.

c) Construction

Unless otherwise instructed gravel wearing course for the deviation shall be 150mm
compacted thickness. The materials shall have a minimum CBR of 20% at "97% MDD
(AASHTO T180"), Plasticity Index of less than 15% and grading class 1 as per Section
10 of the Standard Specification. The Contractor shall allow in his rate for removal
of any unsuitable material before placing of gravel wearing course, as this will not
be paid for separately.

In addition to provision of this clause, Contractor is required to sprinkle water at least


4 times a day at the rate of 1 - 1.4 litres/m2 in regular interval to minimize the effects
of dust. Latest sprinkling time shall be one hour before the sunset.

906 PASSAGE OF TRAFFIC THROUGH THE WORKS

The Contractor shall arrange for passage of traffic through the works during
construction whenever it is not practicable to make deviations. The contractor shall be
reimbursed in accordance with the standard specifications.

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

907 SIGNS, BARRIERS AND LIGHTS

The Contractor shall provide signs, barriers and lights as shown in the drawings at the
locations where the traffic is being carried off the existing road to the deviation and back
again to existing road.

The Contractor shall provide ramps and carry out any other measures as instructed by
the Engineer to safely carry traffic from the road to deviation.

Contrary to what has been specified in this clause the road signs provided shall be fully
reflectorized and in conformity with clause 9.1 of the "Manual for Traffic Signs in Kenya
Part II".

909 ASSISTANCE TO PUBLIC

In addition to provision of clause 909, the Contractor shall maintain close liaison with
the relevant authorities to clear any broken down or accident vehicles from the
deviations and the main road, in order to maintain smooth and safe flow of the traffic.

912 MEASUREMENT AND PAYMENT

(a) Passage of traffic through the works

Payment shall be made on Lump Sum basis.

(b) Maintenance of existing road


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The Contractor will be paid by the cubic metre of compacted gravel used to maintain
existing road.

(c) Construct Deviation

(i) Road Deviation

The Contractor shall be paid only 50% of the rate for this when he completes
deviation road to the satisfaction of the Engineer. The balance shall be paid in
equal monthly installments over the contract period, as he satisfactorily
maintains the deviation (as per clause 904 and 905 above) when it is in
operation.

(ii) Deviation using Pipe Culverts

The Contractor shall be paid only 50% of the rate for this when he completes
deviation to the satisfaction of the Engineer. The balance shall be paid in equal
monthly installments over the contract period, as he satisfactorily maintains the
deviation when it is in operation. The Contractor shall be paid full amount
when the bridge under construction will be in use.

(d) Assistance to Public

The Contractor will be deemed to have included cost of this item in other items and
no separate payment shall be made.

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SECTION 11 – SHOUDERS

1101 GENERAL

1.0m wide shoulders whose construction approach is detailed in the drawings shall be
constructed in accordance with sections 5, 12, 15 and 16 of the specifications as appropriate

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SECTION 12 - NATURAL MATERIAL SUBBASE AND BASE

1203 MATERIAL REQUIREMENTS

Natural materials for base and subbase shall conform to the specifications given
in Section 12 of the Standard Specifications for cement or lime improved base
and subbase.

1209 MEASUREMENT AND PAYMENT

Natural material for subbase and base shall be measured by the cubic metre
placed and compacted upon the road calculated as the product of the compacted
sectional area laid and the length.

The method of measurement shall be “method - A” as in the standard


specifications.

No extra payment will be made for haulage of gravel material as the overhaul
costs shall be deemed to have been factored in the rates inserted in the Bills of
Quantities

SECTION 13 - CEMENT TREATED GRADED CRUSHED STONE (GCS) FOR


BASE-COURSE

Treatment of GCS shall be carried out in accordance with Section 14 of the specifications
with the following additional guidelines

1303 MATERIAL REQUIREMENTS

a) Graded Crushed Stone

Properties
Graded Crushed Stone shall comply in all respects comply with Section13 of the
Standard Specifications and shall be stone Class B in accordance with Clause
1303(b)

Grading
The Maximum Aggregate Size of the material shall be 0/30mm in accordance
with Clause 1303(c)

b) Cement

Cement for treatment shall be CEM II, 42.5N Portland Cement manufactured to KS EAS
18-1: 2001 - Part 1, KS 1725: 2001 standards. The cement content of the treated
material shall be 2% by weight of the GCS
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c) Mixing

The material to be treated and the cement shall be mixed in an approved batching plant

d) Laying and compaction

Laying
Treated GCS shall be placed by using a self-propelled spreader finisher fitted with an
electronic level control device, and level control shall be from a tensioned wire supported
at every 5m intervals. The graded crushed stone shall be finished to the tolerances given
for base in Section 3 of these Specifications

Compaction
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 90% to 100% of the Optimum Moisture Content
(Vibrating Hammer Method). Minimum compaction shall be 97% MDD (Vibrating
Hammer Method)

1309 PROTECTION AND CURING

Protection and curing shall be carried out in accordance with the provisions of Clause
1409 (i) of the Standard Specification. The treated GCS layer shall be kept continuously
damp by spraying with water for seven days after laying to be followed by application of
MC70 prime coat

1310 MEASUREMENT AND PAYMENT

Stabilizer
The provision of the stabilizer shall be measured by the tonne calculated as the specific
weight of stabilizer added to the material

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SECTION 14 - CEMENT TREATED MATERIALS

1401 CEMENT TREATMENT

1401.1 Cement

Cement for improvement shall be CEM II, 42.5N Portland Cement manufactured to KS
EAS 18-1: 2001 - Part 1, KS 1725: 2001 standards. The cement content for the treated
material shall be between 2-3% of the total weight of gravel to be improved. In adopting
the cement content for improvement care shall be taken to ensure that base quality
improved gravel for sub-base is avoided. The Engineer shall exercise his discretion to any
variation in the rate of application of the cement, which he may see fit to order from time
to time

1401.2 Lime treatment

Lime treatment will be as outlined in the Standard Specifications for road and bridge
construction. The lime content of the stabilized material shall be as indicated by the
Engineer.

1401.3 Moisture content and Compaction

The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 95% to 105% of the Optimum Moisture Content
(AASHTO T180). Minimum compaction shall be 97% MDD (AASHTO T180")

1401.4 Mixing

The material to be treated and the cement shall be mixed in an approved batching plant

1401.5 Laying and compaction


Laying
Treated gravel shall be placed by using a self-propelled spreader finisher fitted with an
electronic level control device, and level control shall be from a tensioned wire supported
at every 5m intervals. The graded crushed stone shall be finished to the tolerances given
for base in Section 3 of these Specifications

Compaction
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 95% to 105% of the Optimum Moisture Content
(AASHTO T 180). Minimum compaction shall be 95% MDD (AASHTO T 180)

1409 PROTECTION AND CURING

Protection and curing shall be carried out in accordance with the provisions of Clause
1409 (i) of the Standard Specification. The treated sub-base layer shall be kept
continuously damp by spraying with water for seven days after laying to be followed by
laying of GCS base-Course

1412 MEASUREMENT AND PAYMENT

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Stabilizer

The provision of the stabilizer shall be measured by the tonne calculated as the specific
weight of stabilizer added to the material

Mix-in stabilizer

Mixing stabilizer into the material shall be measured by the cubic metre of treated
material calculated as the product of the compacted sectional area treated and the length.

SECTION 15 - BITUMINOUS SURFACE TREATMENTS

PART A - GENERAL

1501A GENERAL

Quality control, workmanship and equipment shall be to current international best


practice. Bituminous surface treatments shall be carefully designed by the Contractor,
taking into account traffic volumes, ALD of the chippings, surface conditions and
requirements for specific locations. Application rates of the bitumen spray and the
chippings will be approved by the Engineer prior to any trail sections of the work, but
the under listed is anticipated and can be used for guidance purpose i.e;

a) Chippings

10/14mm size pre-coated chippings at a spread rate of 80-100 square meters per cubic
meter as single seal.

b) Bitumen Spray Rates

0.8 - 1.2 l/m2 of 80/100 penetration grade bitumen (cut back or straight run)
for the single seal

PART B - PRIME COAT AND TACK COAT

1502B MATERIALS FOR PRIME COAT AND TACK COAT.

For prime coat, the binder shall be a medium-curing cutback MC30 unless otherwise
directed by the Engineer

The rate of spray of bituminous prime coat refers to the gross volume of the cutback
bitumen, that is to say the volume of the bitumen plus dilutants

The rates of spray of the prime coat shall be as instructed by the Engineer and shall
generally be within the range 1.0-1.2 litres/square metre

Prime coat shall be applied to all gravel surfaces that are to receive asphalt concrete

The tack coat shall consist of bitumen emulsion K1-60 unless otherwise directed by the
Engineer.

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The rates of spray of the tack coat shall be as instructed by the Engineer and shall
generally be within the range 0.5 - 0.8 litres/square metre

PART C – SURFACE DRESSING

1502C MATERIALS FOR SURFACE DRESSING

Binder

The bituminous binder shall be 80/100 penetration grade bitumen (cut-back with
kerosene fuel in accordance with prevailing road temperatures or straight run), and
conforming to Clause 211 of the Standard Specification

The Contractor jointly with the Engineer shall carry out a minimum of five (5) bitumen
affinity tests on each single size aggregate stockpiles to be used into the works and if any
result is less than 95% coverage, then the binder shall be blended with ColAmin or
similar approved adhesive additive as per manufacturer’s instructions at 0.2 - 0.5% by
mass of binder. The Contactor shall propose optimum dosage of the adhesive additive by
carrying out bitumen affinity tests on the crushed aggregates for approval by the
Engineer

Chippings

Chippings shall be of class 2 material and shall comply in all respects with Clause 1502C
of the Standard Specification. The contractor’s attention is drawn to the requirements of
Clause 1502C and 1504C of the Standard Specification with regard to cleanliness and
dust content of chippings for surface dressing. Should it prove necessary in the
Engineer’s opinion to wash chippings, no extra payment will be made to the contractor
for this operation

1503C SPRAY AND SPREAD RATES OF BITUMEN AND CHIPPINGS

Spray and Spread Rates for bitumen and chippings cannot be calculated until samples of
the chippings to be used are available for test

After submission of samples and completion of laboratory tests on chippings and binder,
the Contractor shall in the presence of the Engineer and the Chief Materials Engineer or
representatives, lay trial sections of seal at various rates of spray and spread as directed
by the Engineer and in accordance with clause 1503C of the Standard Specification.

Should any change occur in nature of source of chippings or bitumen, the Contractor
shall advice the Engineer accordingly who will then decide if any revisions are required
to the spray and spread rates

If any changes are required, the Contractor shall carry out further trials as instructed by
the Engineer

Payment for binder and chippings will be based on the instructed spray and spread rates
used which may not necessarily be those specified. The Engineer will specify the spray
rates of bitumen as residual bitumen per square meter. Actual spray rates used by the
Contractor must be adjusted to compensate for any cutter added

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1505C PRECOATED CHIPPINGS

Chippings utilized for surface dressing works under this contract shall be pre-coated in
accordance with clause 1505C of the Standard Specification. The binder used for pre-
coating chippings shall be MC30 cut-back bitumen

The amount of bituminous binder used to pre-coat chippings will be as instructed by the
Engineer and will normally be between 0.4% and 1.0% residual bitumen as percentage
of the total dry weight.

Prior to laying any pre-coated chippings the Contractor shall prepare trial mixes of
bitumen and chippings in the presence of the Engineer. After completion of trial mixes
the Engineer shall issue written instructions to the Contractor indicating the amount of
binder to be added in pre-coated chippings. The Contractor shall maintain this
proportion unless the surface or nature of the chippings changes when the Contractor
shall repeat the trials and the Engineer will issue revised instruction.

No separate payments shall be made for the pre-coating exercise. The contractor shall
have included in his rates the cost of complying with this clause

1511C MEASUREMENT AND PAYMENT

(a) Seal coat

Seal coats shall be measured by the litre, for each type of bituminous binder for each
seal coat, calculated as the product of the area in square metres sprayed and the rate
of application in litres/square metres instructed, corrected to 15.6 oC

(b) Chippings

Chippings shall be measured by the cubic metre of each nominal size for each class
calculated as the product of the area in square metres covered and the reciprocal of
the instructed rate of application in square metres/cubic metre or the actual rate of
application in square metres/cubic metre whichever calculation gives the lower
volume

SECTION 16 - BITUMINOUS MIX BASES, BINDER COURSES AND WEARING COURSES

All Bituminous mixes works shall be done in accordance with the standard specifications.

PART A – GENERAL

1603A CONSTRUCTION PLANT

(d) Compaction plant

To achieve specified densities, it is expected that vibrating rollers will be required. To


achieve satisfactory results it is essential that thorough preconstruction trials be
carried out to ensure that the vibrating rollers are set up at the optimum amplitude
Page 230 of 292
and frequency for the material being laid, that they do not break down aggregate
particles and that the optimum compaction temperatures are established to allow
compaction without creating ripple effects or other distortions of the surfacing.

1605A DESIGN AND WORKING MIXES

Delete the second paragraph and insert the following:

At least two months, prior to laying asphalt concrete, the contractor jointly with the
Engineer shall carry out design mixes STRICTLY complying with SUPERPAVE
requirements (clause 1602B, 1603B & 1604B) using approved constituent materials.

The design process shall be phased as follows:

Phase1: Testing of constituent materials to confirm compliance

Phase 2: Laboratory mix designs complying with all the specifications

Phase3: Plant mixing to confirm compliance with laboratory parameters

Phase 4: Site trials

Should any changes occur in the nature or source of the constituent materials, the
Contractor shall advice the Engineer and a new mix design shall be established using
the procedure set above

1606A SITE TRIALS

Delete the second paragraph and insert the following:

“ The trials shall be carried out to: -

a) Test materials designed in the laboratory so that a workable mix, which satisfies
the specification requirements, can be selected.
b) To enable the Contractor to demonstrate the suitability of his mixing and
compaction equipment to provide and compact the material to the specified
density and to confirm that the other specified requirements of the completed
asphalt pavement layer can be achieved.”

Renumber paragraph 5 from “(v) –(vi)” to read “(v)-(viii)”

1607A MIXING OF AGGREGATES AND BITUMEN

Delete the second and third paragraphs, then add the following:

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The aggregates, minus the filler, prepared as specified above, shall be accurately
weighed and conveyed into the mixer in proportionate amounts of each aggregate
size required to meet the Job-Mix Formula. The required amount of bitumen for each
batch shall be introduced into the mixer. In batch mixing, the bitumen shall be added
after the aggregates have been introduced into the mixer and mixed for 5 to 10
seconds. The filler shall be added after the bitumen and mixing shall continue after
addition of the filler for at least the time recommended by the plant manufacturer,
or as much extra time as is necessary to obtain a homogeneous mixture, but for no
longer.

Aggregate and bitumen shall each be heated to enter the mixing chamber at
temperatures selected within the range 150 to 170oC. The temperature of the stone
at entry to the mixing chamber shall not be more than 15oC higher than that of the
bitumen; the temperature of the bitumen shall be such that on entry to the mixer its
kinematic viscosity is in the range 150 – 300 centistokes. The temperature of the
aggregate and bitumen at entry into the mixing chamber shall be chosen within the
above limits and having regard to the prevailing air temperature and haulage
distance to ensure that the temperature of the mix is between 135oC and 165oC when
it is laid and not less than 120oC when rolling is commenced. If excessive
displacement occurs under the roller the minimum rolling temperature may be
reduced at the sole discretion of the Engineer.

The volume of the aggregate and bitumen shall not be so great as to extend above the
tips of the mixer blades when the blades are in vertical position. All overheated and
carbonised mixtures, which foam or show indication of moisture, will be rejected.
When moisture is detected in the finished mixture, all aggregates in the bins shall be
removed and returned to the stockpiles.

1608A TRANSPORTING THE MIXTURE

Delete entire clause and insert the following:

The mix shall be transported from the mixing plant to the spreader in trucks having
tight, clean, smooth beds, which have been treated to prevent adhesion of the mixture
to the truck bodies. Gasoline, kerosene, diesel fuel or other solvents shall not be used
for this purpose. Loads shall be covered by waterproof canvas or metal sheets during
wet weather. Vehicles shall be insulated when the air temperature and/or length of
haul make this necessary to maintain the temperature between the specified limits.
Any loads wetted excessively by rain will be rejected. Hauling over freshly laid
material will not be permitted.

1609A LAYING THE MIXTURE

Add the following

Mixtures that have a temperature of less than 135oC when dumped into the spreader,
will be rejected. The spreader shall be adjusted and the speed regulated so that the

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surface of the course will be smooth and the course of such depth that, when
compacted, it will conform to the cross-section shown on the Drawings. Lanes shall
be parallel to the road centreline.

Add the following:

All joints shall present the same texture, density and smoothness as other areas of the
surfacing. The joints between old and new lanes or sections shall be carefully formed
in such manner as to ensure a continuous bond between the old and new pavement.
All contact surfaces at cold joints, joints with manholes, pits, etc. shall be coated with
a thin, uniform coat of MC70 or other medium curing bitumen.

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1610A COMPACTION

Add the following:

Tests for conformity with the smoothness and levels specified shall be made by the
Contractor immediately after initial compaction and any deviations in excess of the
specified tolerances shall be corrected by loosening the hot surface with rakes and
removing or adding material as necessary before continuing the rolling. The speed
of the rollers shall not exceed 5 km/h and shall at all times be slow enough to avoid
displacement of the hot mixture. Any displacement of the mixture occurring as a
result of reversing the direction of the roller, or from any other cause, shall be
corrected at once by loosening the surface with rakes and re-rolling. Rolling of the
surfacing shall be continued until all roller marks are eliminated and the required
density is obtained.

The rollers shall not be permitted to stand on surfacing which has not been fully
compacted. Precautions shall be taken to prevent the dropping of oil, grease,
gasoline, or other foreign matter on any layer. The Contractor shall provide
competent workmen who are capable of performing all work incidental to the
correction of all surfacing irregularities.

After final rolling, no vehicular traffic of any kind shall be permitted for at least 24
hours.

1611A FINISHING, JOINTS AND EDGES

Add the following:

Construction joints in the various pavement layers shall be staggered by at least the
following distances:

(a) Joints in binder course relative to joints in wearing course: 500mm

(b) Joints in DBM base relative to joints in wearing course: 400mm

The Contractor shall produce a plan showing the position of all pavement
construction joints for approval by the Engineer before pavement construction
commences.

Transverse joints in DBM base, binder and wearing course shall be staggered by at
least 500mm. The roller shall pass over the unprotected end of the freshly laid
mixture only when laying of the surfacing is to be discontinued for such length of
time as to permit the mixture to become cold. Otherwise 500mm at the end of the
lane shall be left uncompacted.

Cold transverse joints shall be cut back to expose an even, vertical surface for the full
compacted thickness of the course and painted with medium curing cutback bitumen

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as specified above. The fresh mixture shall be raked uniformly against the joint, and
carefully compacted to ensure a good bond with the cold material.

The Contractor shall adjust any kerbs, gulley pots and chambers in accordance with
final finished road level before laying the final wearing course.

1614A TOLERANCES

Add the following at the end of the second paragraph:

Passing sieves between 1.0 mm and  3% (by total weight of dry aggregate
0.075 mm sieves including mineral filler)

Passing 0.075 mm sieve  2% (by total weight of dry aggregate


including mineral filler)

1615A ROAD REINFORCEMENT GRID

Where shown on the drawings or where directed by the Engineer, asphalt


reinforcement in form of geotextile shall be used to reduce reflective cracking and/or
to act as water barrier.

Paving geotextile reinforcement composite shall consist of 'ARMAPAL' reinforcement


geosynthetic or similar approved. It shall meet the following physical requirements.

Property Units Requirements Test method


Tensile strength KN/m 50 SABS 02210 - 88
Elongation at break % <7 SABS 02210 - 88
Melting point oc 260 ASTM D276
Bitumen Retention l/m² 1.2

Where the use of reinforcing for asphalt has been specified, the Contractor shall, at
least three months before the material is to be used, submit samples of the type he/she
intends to use, together with complete specifications of the material, load-strain
relationship of the material, as well as the manufacturer's instructions for use, to the
Engineer for approval. Where the material does not carry the mark of an
acknowledged standards authority, the Engineer may instruct the Contractor to have
the material tested by an approved laboratory and to submit the results.

1616A MEASUREMENT AND PAYMENT FOR ROAD REINFORCEMENT

Item: Geogrid reinforcement netting


Unit: square metres (m²)

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The rate shall include for supplying, cutting, place in accordance with the
manufacturer’s specification, a geotextile reinforcement on the existing surfacing or
new surface before laying the dense bitumen macadam or other overlay material.
The rate shall include for tacking the material, with tack coat if required and any
clout nails.

PART B - ASPHALT CONCRETE FOR SURFACING

1601B DEFINITION

The Asphalt concrete shall be SUPERPAVE (SUperior PERforming Asphalt PAVEment).


Modifications to the Standard Specification have been made below to correspond with
SHRP SUPERPAVE system recommendations on the design of Hot Mix Asphalt (HMA).
The design of hot mixes shall be in accordance with the procedure detailed in Overseas
Road Note 19- “A guide to the design of hot mix asphalt in tropical and subtropical
countries” and MS2 – “Asphalt Mix Design Methods, 7th Edition by Asphalt Institute”.
The Contractor shall provide copies of ORN 19 and MS2 to the Engineer at the start of
the Project. The salient features with reference to Standard Specification are summarized
below

1602B MATERIALS FOR ASPHALT CONCRETE


a) Penetration Grade Bitumen
Delete Sub-Section (a) and replace with:
The bitumen shall be penetration grade, and shall meet the requirements of Table
4.3 in ORN 19 as summarized below

Test
Pen Pen Pen
TEST Method
40/50 60/70 80/100
(ASTM)
Based on original bitumen
penetration
at 250C D5 40-50 60-70 80-100
Softening point (oC) D36 49-59 46-56 42-51
Flash point (oC) Min D92 232 232 219
Solubility in trichloroethylene (%) Min D 2042 99 99 99
TFOT heating for 5 hr at 1630C D 1754

a) Loss by mass (%) Max 0.5 0.5 0.5


b) Penetration (% of original) Min D5 58 54 50
c) Ductility at 250C Min D 113 - 50 75

The bitumen for asphalt concrete works shall be 80/100 penetration grade. The
Contractor jointly with the Engineer shall carry out a minimum of five (5) bitumen

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affinity tests on each single size aggregate stockpiles to be used into the works and if any
result is less than 95% coverage, then the binder shall be blended with ColAmin or
similar approved adhesive additive as per manufacturer’s instructions at 0.2 - 0.5% by
mass of binder. The Contactor shall propose optimum dosage of the adhesive additive by
carrying out bitumen affinity tests on the crushed aggregates for approval by the
Engineer

b) Aggregate
The coarse aggregate shall be entirely crushed rock from a source which is known to
give high values of stability (>9kN) in the Marshall test. Crushed river gravel shall not
be used. Aggregates shall meet the requirements given in Table 16B-1(b) below
(Extracted from ORN 19, Table 4.1)

Table 16 B-1(b) Requirements of Aggregate

Property Test Property


Cleanliness Sand equivalent for 4.75mm fraction 1 > 40
Plasticity index for materials passing 0.425mm sieve 2 <4
Linear shrinkage for materials passing 0.425mm sieve, <2
%
Particle shape Flakiness Index (FI) 3 <25
Strength Aggregate Crushing Value, (ACV) 4 < 25
Aggregate Impact Value, (AIV) 4 <25
10% FACT (dry) kN 4 > 160
Los Angeles Abrasion, (LAA) 5 <30
Abrasion Aggregate Abrasion Value 4 < 14
Soundness 7 Sodium Sulphate Soundness (SSS) Coarse aggregate <10
Sodium Sulphate Soundness (SSS) Fine aggregate <16
5cycles Magnesium Sulphate Soundness (MSS) Coarse <15
% loss aggregate <20
Magnesium Sulphate Soundness (MSS) Fine aggregate
Polishing Polished Stone Value >57
Water Water absorption , % 6 <2
absorption
Bitumen affinity Immersion Mechanical Test: Index of retained >75
Marshall stability ,% 8
Static Immersion Test, % coating retained 9 >95
Retained Indirect Tensile Strength % at 7% VIM 10 >79

1. AASHTO T176
2. British Standard 1377: Part 2
3. British Standard 812: Part 105
4. British Standard 812: Part 110 to 114
5. ASTM C131 and C 535
6. British Standard 812: Part 2
7. AASHTO T104
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8. D Whiteoak (1990)
9. AASHTO T 182
10. AASHTO T 283

Fine aggregate (passing a 6.3mm sieve) shall consist of entirely crushed rock produced
from stone having a Los Angeles Abrasion of not more than 40%

Aggregates for bituminous mixes shall be stored in single size in separate bins or on areas
covered with tightly laid wood planks, sheet metal, hard compacted gravel, concrete or
other hard and clean surfaces. The surface shall be self draining, and in such a manner
that will preclude the inclusion of foreign material. Aggregates of different grades and
sizes and from different sources shall be stored in separate piles, and if these piles are
close together they shall be separated by bulk heads

1603B GRADING REQUIREMENTS


The grading of the mixture of coarse and fine aggregate shall be as per the particle size
distribution for SUPERPAVE Gradation Requirements detailed under table 6.3 of MS2

For better workability of asphalt concrete designed to refusal density and for laying thickness of
50mm, the Maximum Aggregate Size (MAS) shall be limited to 19mm

The Contractor shall investigate number of grading so that a workable mix, which also retains
a minimum of 3% voids at refusal density, is identified. Restricted Zone boundaries shown under
table 3.3 of MS2 shall be used as guidance towards identifying a such a grading

1604B REQUIREMENTS FOR ASPHALT CONCRETE


The mixture shall comply with the requirements given in table 6.5, MS2. Adopt 20-year ESAL
(in millions) as 4.9

In addition, under Marshall Mix Design Criteria, the mixture shall comply with the
requirements given in table 7.2, MS2

The proportion, by weight of total mixture, of bitumen shall be 4.5 - 6.0 % for 19mm MAS. This
shall be termed the nominal binder content. The binder content of the working mix will be
instructed by the Engineer following laboratory and site trials.
In order to determine the suitability of a coarse aggregate source, a Marshall test programme
shall be carried out. It will be advantageous to use crushed rock, which is known from past
experience to give good results

Having established the suitability of the aggregate source several grading shall be tested in the
laboratory, including that used for the Marshall test. The blended grading shall include coarse,
intermediate and fine grading that pass below the restricted zone, which shall increase the
degree of interlock. For each mix, samples shall be made up to a range of bitumen contents at
reducing interval of 0.25% from the nominal binder content and compacted using a gyratory
compactor. Compaction to refusal shall be by vibratory hammer in accordance with the

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procedure described in BS 598 (Part 104: 1989), to establish relationships between bitumen
content and VIM at refusal density for all the grading

It should first be confirmed that compaction on one face of the sample gives the same refusal
density as when the same compaction cycle is applied to both faces of the same sample. The
procedure, which gives the highest density, must be used and shall be submitted to the Engineer
for approval

From the above bitumen content - VIM @ refusal density relationship, it shall be possible to
identify a bitumen content which corresponds to VIM of 3% for each grading.
To determine the workability of the mix, compaction trials should be undertaken in these
gradings with designed binder content @ 3% VIM. It is advisable to establish two or more
gradings for compaction trials

The compaction trials will identify a workable mix which can be made to a bitumen content
which gives 3% VIM at refusal density and meeting the SUPERPAVE mixture requirements. The
mixes identified in compaction trials should be manufactured to the laboratory design bitumen
content and to two other bitumen contents. Cores will be cut to determine the density of the
compacted material, this core will then be reheated to 145+/-50C in the appropriate mould and
compacted to refusal using the vibrating hammer. To be acceptable the cores cut from the
compaction trial must have a density equivalent to at least 95% of refusal density

The results of all the mix design options, laboratory and site trials for the adopted mix and the
Contractor’s recommendations are to be submitted to the Engineer for approval

1605B MIXING AND LAYING ASPHALT


The temperature of the bitumen and aggregates when mixed shall be 110+/-30C above the
softening point (Ring and Ball) of the bitumen

Compaction should commence as soon as the mix can support the roller without undue
displacement of material and with the temperature of the mix >1200C, and completed before
the temperature of the mix falls below 900C.

1606B COMPACTION
Rolling shall be continued until compaction of the completed layer attains a minimum mean
value of 95% of refusal density (no value less than 93%) and until the voids measured in the
compacted layer are within the specified range as appropriate

1608B SEALING BITUMINOUS SURFACE

After the wearing course has been trafficked and bitumen has hardened, the wearing course
shall be sealed with class 2, 10/14 mm pre-coated chippings in accordance with Clause 1505C.
The period of hardening will depend on the traffic level and should be such that the chippings
will not become embedded in the wearing surface. The Contractor will propose and the Engineer
will approve a section to be ready for sealing

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PART C – DENSE BITUMEN MACADAM FOR BASE

1601C DEFINITION

Dense bitumen macadam produced from fresh materials shall comply with the
“SUPERPAVE” requirements given in clauses 1602B, 1603B, 1604B, 1605B, 1606B
and 1608B of these Special Specifications, except where modified below.

1603C REQUIREMENTS FOR DENSE BITUMEN MACADAM


The nominal binder content shall be 4.0 - 5.0 % for 37.5mm MAS. The binder
content of the working mix will be instructed by the Engineer following laboratory
and site trials

For Marshall Mix Design Criteria, Modified Marshal Method for large aggregates
shall be adopted as detailed under section 7.5 of MS2

The Maximum Aggregate Size (MAS) shall be limited to 37.5mm

SECTION 17 - CONCRETE WORKS

1703 MATERIALS FOR CONCRETE

All materials shall comply with the requirements of Section 1703 of the standard
specifications.

Cement for all concrete works shall be CEM I, 42.5N Portland Cement
manufactured to KS EAS 18-1: 2001 - Part 1, KS 1725: 2001 standards

1703 DESIGN OF CONCRETE MIXES

The following classes of concrete shall be designed and mix proportions approved
for use as follows:

▪ Class 15/20 for all blinding to structures and precast pipe culvert beds
and surrounds

▪ Class 25/20 for all culvert headwalls, wingwalls, aprons, toewalls

▪ Class 30/20 for bridge all bridge members: abutments, piers, beams and
deck

Specifications for construction materials and quality control shall be in


accordance with the standard specifications.

1713 FINISHES ON UNFORMED SURFACES

All unformed finishes shall be as follows:

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(i) All unformed surfaces in contact with water or the eye shall be finished
to class UF 3 Finish in accordance with the standard specifications
(ii) All unformed surfaces in contact with soil or on which asphaltic concrete
is to be laid shall be finished to class UF 2 Finish in accordance with the
standard specifications

The payment for such finishes shall paid in accordance with the standard
specifications and as captured in the bills items.

1725 SURFACE FINISHES

All formed finishes shall be as follows:


(i) All formed finishes in contact with water or the eye shall be finished to
class F3 finish in accordance with the standard specifications.
(ii) All formed surfaces in contact with soil shall be finished to class F 2 Finish
in accordance with the standard specifications

The payment for such finishes shall paid in accordance with the standard
specifications and as captured in the bills items.
1728 REINFORCEMENT FOR CONCRETE

All reinforcement to concrete shall be hot rolled high yield deformed bars
complying with BS 4449 and steel mesh fabric to BS 4483

1741 MEASUREMENT AND PAYMENT

a) Item: Concrete

Amend clause 1741 (a) (iv) of standard specifications to read “class UF 3 finish”

b) Item: formwork for formed surface finishes

Amend the following to Clause 1741 (e) of the Standard Specification:


Unit m² of formwork shall cover inclined formwork of all slopes and angles.

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SECTION 19 – STRUCTURAL STEEL

1901. APPLICABLE STANDARDS.

The latest applicable corresponding standards shall be applicable in lieu of those


indicated in the Standard Specifications. In particular the following standards
shall be applicable:

a) Steel

EN 10021, EN 10025-1, EN 10025-2


EN 10025-3
EN 10025-4
EN 10029 EN 10034 EN 10051
EN 10056-2 EN 10163-1
EN 10163-2 EN 10163-3
EN 10204 BS 4-1

(b) Bolts, Anchor rods, Nuts and Washers

EN ISO 898-1
EN 20898-2
EN 14399-1, EN 14399-2
EN 14399-4
EN 14399-6
EN ISO 4017
EN ISO 4034, EN ISO 4032
DIN 7989-1
EN ISO 4026 DIN 976-1 DIN 125 DIN 529

(c) Galvanizing

EN ISO 1461, EN ISO 10684

(d) Elastomer
EN 1337-3

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Structural bearings - Part 3: Elastomeric Bearings.

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SECTION 20 - ROAD FURNITURE

2001 ROAD RESERVE BOUNDARY POSTS

Road reserve boundary posts shall be provided as directed by the Engineer and
in compliance with Standard Specification clause 2001. They shall be placed
at 100m intervals along the boundary of the road reserve.

2003 EDGE MARKER POSTS

Edge marker posts shall be Verge Master MK 111 plastic posts manufactured
by Glasdon Ltd. of Blackpool UK or equivalent approved by the Engineer. They
shall be provided as directed by the Engineer and in compliance with the
requirements of Standard Specification clause 2003

2004 PERMANENT ROAD SIGNS

Permanent Road Signs shall be provided as directed by the Engineer and in


compliance with the requirements of the "Manual for Traffic Signs in Kenya"
Part II and standard Specification clause 2004.

The posts for the signs shall be cylindrical galvanised wrought iron tubes of
minimum 75mm diameter and vandal-proofed by in-filling with concrete
class 15/20.

The sign plates shall be made from approved metal or plastic sheet 3mm thick
and vandal-proofed by the drilling of 3mm diameter holes at 100mm centres

The rate inserted for the signs shall include for all the costs of complying with
this clause.

2004B EXISTING ROAD SIGNS

Where directed by the Engineer, the Contractor shall take down road signs
including all posts, nuts, bolts and fittings, and remove and dispose of the
concrete foundation and backfill the post holes. The signs shall be stored as
directed by the Engineer.

Measurement and payment for taking down road signs shall be made by the
number of signs of any type and size taken down, cleaned and stored as
directed.

2005 ROAD MARKING

Paint for road marking shall be internally reflectorized hot applied


thermoplastic material in accordance with Clause 219 of the Standard
Specification complying to BS 3262 and BS 6088.

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The rates inserted in the Bills of Quantities for road marking shall include for
prior application of approved tack coat.

2006 GUARDRAILS

Guardrail posts shall be concrete 210 x 210 mm set vertically at least 1.2m
into the shoulder as per the drawings and as directed by the Engineer.

Beams for guardrails shall be "Armco Flexbeam" or similar obtained from a


manufacturer approved by the Engineer.

“Swareflex” ART 3240 or similar approved guardrail reflectors two way


reflective one side red and another white shall be installed on the flex beams
every 4m.

The rate inserted shall include for provision of the flex beams, posts, Swareflex
reflectors, flex beam end bits and installation in accordance with the standard
specifications and drawings.

2007 KERBS

(a) Vertical Joints

Vertical joints between adjacent kerbs shall not be greater than 5 mm


in width and shall mortar consisting of 1:3 cement: sand by volume.

(b) Transition between flush and raised kerbs

The transition between flush and raised kerbs (e.g. at bus bays) shall
be termed as ramped kerbs and shall occur within a length of 2.0m

2008 KILOMETRE MARKER POSTS

Kilometre marker posts shall be provided as directed by the Engineer and in


compliance with Standard Specification Clause 2008.

2011 BOLLARDS

Where directed by the Engineer, the contractor shall provide and install class
20/20 200mm diameter reinforced concrete bollards concreted 300mm into
the ground.

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SECTION 21 - MISCELLANEOUS BRIDGE WORKS

2102 BRIDGE BEARINGS

Add the following

The bridge bearings shall be laminated elastomeric bearings to BS EN 1337-3


Structural bearings - Part 3: Elastomeric Bearings.

The contractor shall have the source of the bearings approved by Engineer and shall
provide the engineer with a sample as shall be instructed for destructive testing.
Upon importation of the bearings the engineer shall do random sampling for
another sample for destructive testing to confirm the quality of the bearings to be
used on the bridge.

The contractor shall make provision for the samples and their testing in his rates for
other bearings since no separate payment shall be made for the test samples and
their testing.

2105 GUARDRAILS TO BRIDGES

Delete and replace with the following:

The bridge crush barriers shall be of reinforced concrete as shown on drawings and
shall be of the same concrete specification as for the concrete deck slab.

Their measurement and payment shall be in cubic metres under the relevant item
under bill number 17.

2106 SURFACING TO BRIDGES

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The surfacing to bridges shall consist of 50 mm thick Asphalt Concrete laid to the
tolerances given in Section 3 of the Standard Specification.

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SECTION 22-DAYWORKS

2202 MEASUREMENTS AND PAYMENT

(a) Plant

Where items of major plant listed in the schedule of Day works are specified
by type (e.g. Concrete mixer etc.) the power rating of such items of plant
provided by the Contractor shall not be lower than the power ratings of such
plant manufactured within the last two years prior to the date of BID. Any
item of major plant employed upon Day works that has a power rating lower
than specified above shall be paid for at rates lower than those in the schedule
of Day works. The reduction in the rate payable shall be in proportion to the
reduction in power rating below that specified above.

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SECTION 25 - HIV/AIDS, GENDER ISSUES, SOCIAL ISSUES AND LOCAL PARTICIPATION

2501 SCOPE

This specification sets out the Contractor’s obligations with regard to on-site
HIV/AIDS awareness campaign and preventive measures which are to be
instituted.

2502 INTERPRETATION AND DOCUMENTATION

The following documents shall inter-alia be read in conjunction with this


specification:
• The Instructions to Bidders;
• The Conditions of Contract;
• The Drawings;

2503 GENERAL REQUIREMENTS

(a) HIV/AIDS Awareness Campaign


The Contractor shall institute an HIV/AIDS awareness campaign
amongst his workers for the duration of the contract. As part of the
campaign the Contractor will be required to display AIDS awareness
posters in all buildings frequented by workers employed on the
contract, where such buildings fall under the control of the Contractor.
In addition, at least ten (10) of the Contractor’s vehicles, regularly used
on site shall display HIV/AIDS awareness posters. The posters shall be
printed on gloss paper and shall be at least A1 size on buildings and
A3 size, or other approved size on vehicles. The message on the posters
shall be supplied by the Employer through the Engineer before the
posters are printed.

Aids awareness shall also be included in the orientation process of all


workers employed on the contract.

(b) AIDS Prevention Campaign


The Contractor shall institute an HIV/AIDS prevention campaign
amongst his workers for the duration of the contract. As part of the
campaign the Contractor will be required to make condoms available
to workers. The condoms shall be from an approved manufacturer and
comply with the current ISO Standards or WHO/UNAIDS
Specifications and Guidelines for Condoms, 1998, or any more recent
publication. The Contractor shall make available at least 4,000
condoms every month, through dispensing machines or other
approved method of distribution. The Contractor shall at all times keep
the site adequately supplied with condoms.

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(c) HIV/AIDS Training
Introduction
HIV/AIDS is having a significant and increasing impact in Kenya.
Interventions that stimulate the movement of people increase both the
exposure to the HIV virus and the spread of the virus. Road
construction has been identified as one such intervention.

KeNHA policy is to integrate HIV/AIDS awareness and prevention into


all road construction and rehabilitation programmes. This is in
accordance with the Third National Strategic Plan (2000-5) for
HIV/AIDS prevention and control as approved by the Government of
Kenya, International Bank for Reconstruction and Development (IBRD)
and other organisations.

The project will involve both local labour and other contractor’s
labour. It is a contractual requirement for the Contractor to carry out
HIV/AIDS awareness and prevention activities during the construction
period as stipulated in this specification.

Objective
The objective of the HIV/AIDS training programme is to reduce the
risk of exposure to and spread of the HIV virus in the area influenced
by the construction. The target group will be local labourers and their
supervisors employed by the works contractors. The wider community
will benefit indirectly through their normal day-to-day interaction
with the target group.

Scope of activities
Activities for HIV/AIDS awareness and prevention will be broad-
based, targeting both individuals and groups. They may consist of:
(i) Information posters in public places, both on and offsite (eating
houses, bars, guest houses, etc.) and on contractor’s vehicles.
(ii) Availability of socially marketed condoms.
(iii) Peer educators (reference people) drawn from the local labour
and educated in HIV/AIDS issues for discussions with colleagues
(estimate 1 per 50 employees).
(iv) Small focus group discussions to disseminate information
covering key issues.
(v) Theatre groups and video presentations.
(vi) Promotional events (such as football matches) to encourage
openness and discussion of HIV/AIDS issues.
(vii) Promotional bill boards to raise awareness of the integration of
construction and HIV/AIDS activities.
(viii) Inclusion of HIV/AIDS activities at site meetings with the District
Aids Committee and other approved representatives.
(ix) Availability of promotional materials such as T-shirts, caps,
bumper stickers, key rings, etc.

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The scope of activities may be tailored as required to meet the perceived
needs and priorities of the labourers, and should involve participatory
approaches to ensure that they are appropriate and have a public
health impact. The scale and frequency of activities may also be
adjusted to suit requirements of the target group. Education will cover:
(a) preventive behaviors including partner reduction, condom
use, awareness and appreciation of the importance of
treatment of sexually transmitted infections (STls);
(b) skills including negotiating safer sex, correct condom use,
purchase of condoms without embarrassment; and
(c) referral to local health centres and available services.
Tasks to be undertaken to support the above activities include:
(a) Establishing the status and focus of all current and planned
HIV/AIDS activities in the area to ensure complementarity and
determining potential involvement in project activities.
(b) Carrying out a brief review of regional activities combining
road construction with HIV/AIDS campaigns to determine
options, best practice key issues, constraints, etc.
(c) Reviewing of Information, Education and Communication
(IEC) materials available and their relevance to road
construction, making recommendations for future
development of IEC materials.
(d) Providing education and training for site personnel,
supervisors and peer educators for the scope of activities as
above.
(e) Providing supervision for peer educators to ensure sustained
quality of education. Incentives for their continual work may
be small promotional items such as T -shirts, caps, etc.
(f) Providing mechanisms for the social marketing of condoms and
distribution of materials.
(g) Monitoring activities regularly to assess effectiveness and
impact. This should include an initial, interim and final
assessment of basic knowledge, attitude and practices (KAP)
taking account of existing data sources and recognising the
limitations due to the short time-frame to show behaviour
change. The KAP will be supported by qualitative information
from focus group discussions.

Collaboration
HIV/AIDS activities are co-ordinated nationally by the National Aids
Control Council (NACC). KeNHA, in consultation with NACC and the
Ministry of Health (MOH), will co-ordinate with the provincial,
district and local representatives. Representatives of local health
authorities will be invited to attend training and communication
activities.

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Activities on the construction site will be linked as far as possible with
on-going HIV/AIDS awareness and prevention in the area. This will
ensure complementarity of approaches, reinforcing education and
minimising duplication. In addition, these links will ensure that the
target group will have access to continued information after the end of
the construction period.

Contractor Responsibilities
The Contractor will employ and designate a qualified HIV/AIDS expert
fulltime, to be approved by the Engineer, who will work closely with
the Client, MOH and other implementing agencies to support the
HIV/AIDS awareness and prevention activities. This will ensure
maximum effectiveness and integration with construction activities.
Specific, but not exclusive, issues to be addressed by the Contractor are:
(i) Scheduling appropriate timing and durations of the
implementation of HIV/AIDS activities as part of work plan for
labourers and supervisors. Designated rest times such as lunch
breaks and pay days should be excluded.
(ii) Identification of suitable individuals from recruitment records
for education with the implementing organization.
(iii) Provision of suitable sites for communication activities
and for condom distribution.
(iv) Monitoring of the implementation of peer educator activities.
(v) Provision of support as necessary to the implementing
organization.

Inputs
An organization experienced in the provision of HIV/AIDS awareness
and prevention activities will be selected as a subcontractor to provide
the above scope of activities on behalf of the main Contractor.

Reporting
The implementing organization will produce the following reports to
be submitted to the Contractor, The Engineer, KeNHA and NACC:
- monthly progress briefs for inclusion in site meetings.
- quarterly reports detailing activities carried out, issues, follow
up, etc.
- a review report of activities in the road construction sector,
- a review report of existing IEC materials with
recommendations for development of materials specifically for
the road sector.
- a final report detailing the methodology and activities carried
out under this project including lessons learnt, impact, liaison
with the Contractor and other parties, etc.
In addition, a report with the recommended approach for integration
of HIV/AIDS awareness and prevention activities in the road
construction sector will be produced. This will be a synthesis of project

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activities including contractual approaches, communication activities,
availability of materials, liaison with existing organisations, etc. It will
be developed with all parties involved in the construction activities to
ensure the wide range of views and experiences is gained.

The final report and recommended approach will be presented to


KURA, NACC and other interested organisations including private
sector, funding agencies and NGO's.

Timing
Activities shall commence at the start of the construction period and
continue through-out the 24 months to ensure a sustained impact.
Reporting and dissemination activities shall continue for three months
after the project is completed to ensure integration into current
practice.

2504 MEASUREMENT AND PAYMENT

The payment items in this clause shall include full compensation for all work
associated with the provision of HIV/AIDS related services as specified.

Item: Instituting an HIV/AIDS awareness and prevention campaign


Unit: months
The unit of measurement shall be the calendar month or part thereof,
measured over the duration of the campaign. The tendered rate shall include
full compensation for equipment, labour, materials including the
procurement and distribution of condoms and full compensation for
transport, meals, accommodation and any other reasonable allowances for the
Participation of local health authorities, provincial director of health and
NACC and other resources required for the provision of the service in
compliance with clause 2503 (a) & (b) above.
Item: Instituting an HIV/AIDS Training – Engagement of specialist
HIV/AIDS sub-contractor
Unit: Provisional Sum
Compensation for HIV/AIDS Specialists and resources for the implementation
of Clause 2503(c). Any amount required under this item will be paid as per
the programme approved by the Engineer and the Client (KeNHA) prior to
expenditure.

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SECTION VIII: DRAWINGS

1. Set of design drawings is annexed separately (Book of


Drawings)
2. Standard drawings will be used where applicable
3. Materials Factual Report
4. Engineering Report

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PART 3 - CONDITIONS OF CONTRACT

Page 255 of 292


SECTION IX: GENERAL CONDITIONS

Page 256 of 292


SECTION IX CONDITIONS OF CONTRACT PART I: GENERAL CONDITIONS OF CONTRACT

Red Book:
© FIDIC 1999. All rights reserved.
The Conditions of Contract are the “General Conditions” which form part of the “Conditions of Contract
for Construction for Building and Engineering Works Designed by the Employer (“Red book”) First
Edition 1999” published by the Federation Internationale Des Ingenieurs – Conseils (FIDIC) and the
following “Particular Conditions” which comprise of the amendments and additions to such General
Conditions.

An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building and Engineering
Works Designed by the Employer” must be obtained from FIDIC.

International Federation of Consulting Engineers (FIDIC)

FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland

Fax : +41 22 799 49 054

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SECTION X: PARTICULAR CONDITIONS OF CONTRACT

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SECTION IX: CONDITIONS OF CONTRACT PART II: (CONDITIONS OF PARTICULAR APPLICATION)
PART A – CONTRACT DATA
Refer to appendix to form Tender

PART B – SPECIAL PROVISIONS


The following Special Provisions shall supplement the General Conditions of Contract. Whenever there is a
conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The Particular
Condition is preceded by the corresponding clause number of the General Condition of Contract to which it
relates.

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TABLE OF CONTENTS

SUB-CLAUSE 1.1: DEFINITIONS 261


SUB-CLAUSE 1.4: LANGUAGE AND LAW 261
SUB-CLAUSE 1.6: CONTRACT AGREEMENT 261
SUB-CLAUSE 3.1: ENGINEER’S DUTIES AND AUTHORITY 261
SUB-CLAUSE 4.2: PERFORMANCE SECURITY 262
Add the following after the fifth paragraph: 262
SUB-CLAUSE 4.4: SUBCONTRACTORS 262
SUB-CLAUSE 4.8: SAFETY PROCEDURES 262
SUB-CLAUSE 4.18: PROTECTION OF THE ENVIRONMENT 262
SUB-CLAUSE 6.1: ENGAGEMENT OF STAFF AND LABOUR 263
SUB-CLAUSE 6.5: WORKING HOURS 263
SUB-CLAUSE 6.7: HEALTH AND SAFETY 263
SUB-CLAUSE 7.4 TESTING 263
SUBCLAUSE 8.7: DELAY DAMAGES 266
SUBCLAUSE 11.1: COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS 266
SUBCLAUSE 13.1: RIGHT TO VARY 266
SUB-CLAUSE 14.8: DELAYED PAYMENT 266
SUB-CLAUSE 14.15: CURRENCIES OF PAYMENT 266
SUB-CLAUSE 18.1 GENERAL REQUIREMENTS FOR INSURANCES 266

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CONDITIONS OF CONTRACT PART II (CONDITIONS OF PARTICULAR APPLICATION)

SUB-CLAUSE 1.1: DEFINITIONS


Amend these sub-clause as follows:
1.1.1.3 Amend the paragraph by adding the following: Letter of Acceptance is synonymous with
Notification of Award.
1.1.1.4: Amend the paragraph by adding the following words at the end: The words Letter of Tender is
synonymous with Form of Tender.
1.1.1.7: Insert in line 4 after the prices”, the following, “entered by the Contractor (whether or not
such rate be employed in computation of the Accepted Contract Amount),”
1.1.1.8: Amend the paragraph by adding the following words at the end:
The word “Tender” is synonymous with “bid”
1.1.1.9 Amend the paragraph by adding the following words at the end: The words Appendix to
Tender or Appendix to Form of Tender is synonymous with Contract Data.
1.1.2.5 Amend the paragraph by adding the following words at the end: The words Contractor’s
representative is synonymous with Site Agent or Road Manager.

SUB-CLAUSE 1.4: LANGUAGE AND LAW


Insert:
The Contract shall be drawn up in the ENGLISH LANGUAGE. Communication between both Parties
shall be in this given language.
The Laws applicable to this Contract shall be the Laws of The Republic of Kenya.
SUB-CLAUSE 1.5: PRIORITY OF DOCUMENTS
Delete the documents listed (a) – (h) and substitute with the following:
a) The Contract Agreement (if completed)
b) The Letter of Acceptance
c) The Form of Tender
d) Appendix to Form of Tender
e) The Particular Conditions
f) These General Conditions
g) The Special Specifications
h) The Standard Specification for Road and Bridge Construction, 1986
i) The PBC Guidelines Edition 1.1 of February 2016
j) Road Maintenance Manual, May 2010 Edition and Performance Based Contract Manuals.
k) The Drawings;
l) The priced Bills of Quantities
m) Other documents forming part of the Contract

SUB-CLAUSE 1.6: CONTRACT AGREEMENT


Replace the first sentence of the first paragraph with:
The parties shall sign a Contract Agreement within the period stipulated in the Appendix to Tender.

SUB-CLAUSE 3.1: ENGINEER’S DUTIES AND AUTHORITY


With reference to Sub-Clause 3.1, the following shall also apply:
The Engineer shall obtain the specific approval of the Employer before taking any of the following
actions:
d) Consenting to the subcontracting of any part of the works under Clause 4.4
e) Determining an extension of time under Sub-clause 8.4
f) Certifying additional cost determined under Clause 12
g) Issuing a Variation under Clause 13

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SUB-CLAUSE 4.2: PERFORMANCE SECURITY
Replace the text of the first and second Paragraph under Sub-clause 4.2 with the following:
“The Contractor shall provide the Performance Security to the Employer within 28 days after receipt of
the Letter of Acceptance. The Performance Security shall be in the form of a bank guarantee as
stipulated by the Employer in the Appendix to Tender. The Performance Security shall be issued by a
bank incorporated in Kenya. The Contractor shall notify the Engineer when providing the Performance
Security to the Employer.

Replace the text of the first sentence under the third paragraph under Sub-clause 4.2 with the
following:
The Contractor shall ensure that the Performance Security is valid and enforceable until a date 28 days
after the date of issue of the Performance Certificate.
Add the following after the fifth paragraph:
The Employer shall be at liberty to claim part or the entire performance Security without informing or
notifying the Contractor provided that the conditions necessitating the claim are contractual.

SUB-CLAUSE 4.3: CONTRACTOR’S REPRESENTATIVE


Add the following at the end of the second paragraph:
The Contractor’s Agent or Representative on the site shall have a minimum qualification of a
Registered Professional Engineer (Highways), BSc in Civil Engineering, have a Current / Valid
Registration by EBK and shall be able to read and write English fluently.
The Contractor shall also submit a specimen signature of his proposed Site Agent /Road Manager who
SHALL be the only signatory to payment of certificates/Monthly statements from the Contractor.

SUB-CLAUSE 4.4: SUBCONTRACTORS


Add after paragraph one the following:
The maximum allowable accumulated value of work subcontracted shall be as stated in the appendix
to form of tender.

SUB-CLAUSE 4.8: SAFETY PROCEDURES


Add:
Notwithstanding the Contractor’s obligation under Sub-Clause-paragraph (a) – (g) of Sub-Clause 4.8
of the Conditions of Contract, the Contractor shall observe the following measures with a view to
enhance Road Safety to the Road Users and Site Workers:
1. Prepare and submit a comprehensive Road Safety Implementation Plan within 28 days after
receipt of Order to Commence for the Engineer’s Approval. The plan shall include but not limited
to the following:
• Night driving
• Safety of workers
• Diversions
• Traffic management Plan
• Towing of stalled vehicle
2. The Contractor should identify, evaluate and monitor potential traffic and road safety risks to
workers and road users throughout the Contract life cycle and develop measures and plans to
address them.
3. The Contractor shall install and maintain standard approved traffic warning signs, directional
signs, secure the working areas and deploy flagmen at active construction sites.
4. The Contractor shall assess each phase of the works, monitor incidents and accidents indicating
the mitigation measures undertaken and prepare monthly reports to be submitted to the Resident
Engineer.
5. The Contractor shall factor the cost of implementation of the Road Safety Plan in the rates for the
Works.
Failure by the Contractor to observe the above safety features shall be deemed to be a violation of the
Contractor’s Obligations and shall be grounds for Suspension and/or Termination.

SUB-CLAUSE 4.18: PROTECTION OF THE ENVIRONMENT


Page 262 of 292
Add:
Notwithstanding the Contractor’s obligation under Sub-Clause-paragraph (a), (b) and (c) of Sub-
Clause 1 of 4.18 of the Conditions of Contract, the Contractor shall observe the following measures
with a view to reducing or elimination adverse environmental effects by the site works:
1. All quarries and borrow pits shall be filled and landscaped to their original state after extraction
of construction material
2. Soil erosion due to surface runoff or water from culverts or other drainage structures should be
avoided by putting in place proper erosion control measures that shall include, but are not limited
to grassing and planting if trees
3. Long traffic diversion roads shall be avoided so as to minimize the effect of dust on the
surrounding environment. In any case all diversions shall be kept damp and dust free
4. Spillage of oils, fuels and lubricants shall be avoided and if spilt, shall be collected and disposed
of in such a way as not to adversely affect the environment
5. Rock blasting near settlement areas shall be properly coordinated with the relevant officers of
the Government so as to minimize noise pollution and community interference.

SUB-CLAUSE 6.1: ENGAGEMENT OF STAFF AND LABOUR


Add the following at the end of clause 6.1:
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour
with appropriate qualifications and experience who are Kenya citizens.

Any additional unskilled labour which is required by the Contractor for the works, and which is not in
his employment schedule at the time of the acceptance of the Tender shall be recruited by the
Contractor from the Labour Exchange or Exchange or Exchanges nearest to the site or sites of the
work.

SUB-CLAUSE 6.5: WORKING HOURS


Add at the end of Sub-Clause 6.5 the following:
If the Contractor requests permission to work by night as well as by day, then if the Engineer shall
grant such permission the Contractor shall not be entitled to any additional payments for so doing. All
such work at night shall be carried out without unreasonable noise or other disturbance and the
Contractor shall indemnify the Employer from and against any liability for damages on account of
noise or other disturbance created while or in carrying out night work and from and against all
claims, demands, proceedings, costs, charges and expenses whatsoever in regard or in relation to such
liability.
In addition, the Contractor will be required to provide, for any work carried out at night or recognized
days of rest, adequate lighting and other facilities so that the work is carried out safely and properly.
In the event of the Engineer granting permission to the Contractor to work double or rotary shifts or
on Sundays, 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.”

SUB-CLAUSE 6.7: HEALTH AND SAFETY


Add under the first paragraph:
The Contractor shall compensate for loss of damage suffered in consequence of any accident or injury
or disease resulting from his work to any workman or other person in the employment of the
Contractor or any Subcontractor is in accordance with the Workmen’s Compensation Act of the Laws
of Kenya
The Contractor shall ensure adequate safety program with respect to all work under the contract is
complied with, whether performed by the Contractor or subcontractor is formulated and enforced.
additionally, all records of health, safety and welfare shall be maintained as the Engineer may from
time to time prescribe. Reports of accidents shall be submitted to the Engineer.

Add after the last paragraph:


In addition, the Contractor shall notify the Engineer and any relevant Authority the occurrence of
these accidents

SUB-CLAUSE 7.4 TESTING


Add at the end of Sub-Clause 7.4 the following:

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The Contractor shall submit to the Engineer, Project Specific Quality Management Plan for approval
28 days after issuance of order to commence. The Plan shall include but not limited to:
1. Key staff that will be involved in the project and their role in quality management
2. Resources (Human and machinery) and Resource allocation in quality management
3. Processes and procedures to be followed in quality management
4. Controls to be put in place to ensure that the quality management plan is adhered to.
5. Reporting methodology on quality Management
6. Methodology on inspection, testing, monitoring and measuring to ensure conformity to quality
requirement in accordance with the contract.
7. Description on correction action to be undertaken on non-conforming outputs and corrective
action to avoid recurrence.

SUBCLAUSE 8.3: PROGRAMME


Replace the text of Sub-clause 8.3 with the following:

Within the date mentioned in the Appendix to the Form of Bid of the date of the Letter of Acceptance,
the Contractor shall submit to the Engineer for consent a detailed Programme showing the order,
procedure, and method for carrying out the Works. The Programme shall include:

The Contractor's methodology and arrangements for executing the Works, including plant, manpower,
resources, and temporary works.

• A detailed Construction Schedule (Level 4 Programme) developed using Primavera Project


Planner.

• A Progress Curve/Project Cash Flow.

• A Critical Resources Usage Chart.

• A Detailed Method Statement.

• A Schedule of Submittals and Shop Drawings.

• Any other details as specified by the Engineer.

The submission and consent of the Programme shall not relieve the Contractor of any duties or
responsibilities under the Contract.

If the Contractor fails to submit the Programme or a revised Programme within 28 days, the Employer
may deduct Kshs. 50,000 per day as liquidated damages until the Programme is submitted.

The Contractor shall programme, coordinate, and phase all Works, including those of other
contractors if any, to ensure compliance with the Contract completion dates.

The Engineer may instruct the Contractor to amend the Programme to reflect site conditions. The
Contractor shall comply with such instructions within 14 days.

The Programme shall be in Critical Path Method (CPM) format, identifying critical activities and
showing the relationship between early and late start/finish dates. The Programme shall align with the
specified Project end date.

The Contractor shall bear all expenses and responsibility for delays resulting from its failure to
prepare, provide, or approve the Programme.

The Contractor shall provide monthly progress reports, including:

• An annotated copy of the current Programme, indicating progress achieved.

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• A description of actions taken to address delays and maintain the construction schedule.

The Project float, defined as the time between early and late start/finish dates of any activity in the
approved Programme, is jointly owned by the Employer and the Contractor.

If the actual progress of the Works does not conform to the approved Programme, the Contractor shall,
within 14 days of the Engineer's request, submit a revised Programme showing modifications
necessary to ensure completion within the Time for Completion.

If the Contractor falls behind schedule, it shall take steps to improve progress and submit revised
Programmes demonstrating compliance with Milestone dates, without additional cost to the Employer.

Failure to comply with this Sub-clause, following written notice from the Engineer, shall entitle the
Employer to enforce this requirement.

The Contractor shall submit a detailed Cash Flow Estimate together with the PoW of receiving the
Letter of Acceptance. Any resubmission required shall be made within 28 days of the Engineer's
written notice.

The Cash Flow Estimate shall include:

• A Progress Curve/Projected Cash Flow developed using Primavera Project Planner.

• An S-Curve showing cumulative progress of work done (in % of work) against time (in weeks).

Failure to comply with this Sub-clause, following written notice from the Engineer, shall entitle the
Employer to enforce this requirement through the “Penalty for Delay” provision.

The Contractor shall submit the following reports during the execution of the Works:

• The number of personnel by craft and major equipment utilized.


• Weather conditions (maximum/minimum temperatures, humidity, rainfall).
• Weekly report before the weekly site meeting, including: Project status, safety, and environmental
control.
• Monthly report, including: Executive summary, detailed progress, budget, and cash flow &
photographs of the Works.

For unjustifiable delay in submission, the Employer may deduct Kshs. 50,000 per day as liquidated
damages.
The Contractor shall allow in his programme all published Kenya public holidays including but not
limited to the following per calendar year during which the Contractor shall not be permitted to
work.
• New Year’s Day (1st January)
• Good Friday
• Easter Monday
• Idd ul fitr
• Labour Day (1st May)
• Madaraka Day (1st June)
• Mazingira Day (10th October )
• Mashujaa Day (20th October)
• Jamhuri day (12th December)
• Christmas Day (25th December)
• Boxing Day (26th December)

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The Contractor shall also allow per calendar year for a further 3 unspecified public holidays which
may be announced by the Government of Kenya with no prior notification upon which he shall not be
permitted to work.

SUBCLAUSE 8.7: DELAY DAMAGES


Add the following paragraphs at the end of this Sub-Clause:
“There shall be no reduction in the amount of liquidated damages in the event that a part or a section
of the Works within the Contract is certified as completed before the whole of the Works comprising
that Contract.

The Employer shall NOT pay any bonus for early completion of the Works to the Contractor.

SUBCLAUSE 11.1: COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS


Add:
At the expiry of the Defects Notification Period, no defect arising from the permanent works existing
shall be acceptable for taking over. The Employer shall verify and satisfy themselves that all the
outstanding works and defects arising out of the works have been attended to sufficiently. Works shall
also be inspected at the End of Defects Notification Period.

SUBCLAUSE 13.1: RIGHT TO VARY


Add the following paragraph at the end of subclause 13.1:
No such variations in any way shall contravene the requirements of Public Procurement and Disposal
Act of 2015 and the amendments thereof.

SUB-CLAUSE 14.8: DELAYED PAYMENT


Replace the second paragraph with:
In the event of the failure of the Employer to make payment within the times stated, the Employer shall
make payment to the Contractor of simple interest at a rate equal to two percentage points above the
mean Base Lending Rate obtained from the Central Bank of Kenya. The provisions of this subclause are
without prejudice to the Contractor’s entitlements under subclause 16.2 or otherwise.

SUB-CLAUSE 14.15: CURRENCIES OF PAYMENT


The paragraphs are substituted with;
The Contract Price shall be designated in the Kenyan Shillings.
All work performed by the Contractor under the Contract shall be valued in Kenya Shillings using the
rates and prices entered in the Bills of Quantities together with such other increases to the Contract
Price including variation of price payments in accordance with Clause 13.

SUB-CLAUSE 18.1 GENERAL REQUIREMENTS FOR INSURANCES


Add the following at the end of the second paragraph:
Insurances shall not contain exclusion clauses which limit cover for activities necessary for the
execution of the Contract.
All insurances shall cover the entire contract period and an additional three (3) months.
Each policy of insurance effected by the Contractor for purposes of the Contract shall include a
provision to the effect that the Insurer shall have a duty to give notice in writing to the Contractor and
Employer of the date when a premium becomes payable not be more than thirty (30) days before that
date, and the policy shall remain in force until thirty (30) days after the giving of such notice.

Page 266 of 292


SECTION XI - CONTRACT FORMS

TABLE OF FORMS
FORM No. 1 - NOTIFICATION OF INTENTION TO AWARD
FORM No. 2 - NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE
FORM No. 3 - CONTRACT AGREEMENT
FORM No. 4 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee]
FORM No. 5 - ADVANCE PAYMENT SECURITY
FORM No. 6 - RETENTION MONEY SECURITY

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FORM NO. I - NOTIFICATION OF INTENTION TO AWARD

[This Notification of Intention to Award shall be sent to each Tenderer that submitted a
Tender.] [Send this Notification to the Tenderer's Authorized Representative named in the
Tender Information Form]

FORMAT

For the attention of Tenderer's Authorized Representative

Name: ………………... [insert Authorized Representative's name] Address: [insert Authorized


Representative's Address] Telephones: [insert Authorized Representative's telephone/fax
numbers] Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification
must be sent to all Tenderers simultaneously. This means on the same date and as close to the same
time as possible.]

Date of Transmission:

This Notification is sent by: [email] on [date] (local time)


Procuring Entity: [insert the name of the Procuring entity]
Contract title: [insert the name of the contract]
Country: Kenya, County (if the Procuring Entity is from a County)

This Notification of Intention to Award (Notification) notifies you of our decision to award the above
contract. The transmission of this Notification begins the Standstill Period. During the Standstill
Period, you may:

a) Request a debriefing in relation the evaluation of your Tender, and/or


b) Submit a Procurement-related Complaint in relation to the decision to award the contract.

1. The successful Tenderer

Name: [insert name of successful Tenderer] Address: [insert address of the successful Tenderer]
Contract price: [insert contract price of the successful Tender]

2. Other Tenderers: insert names of all Tenderers that submitted a Tender. If the Tender's price
was evaluated include the evaluated price as well as the Tender price as read out.]

Evaluated Comments (if


Name of Tenderer Tender price
Tender price any)
1
2
3
4
5
6
7
Etc.
Page 268 of 292
1. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Tender. If you decide
to request a debriefing your written request must be made within three (3) Business Days of receipt
of this Notification of Intention to Award. Provide the contract name, reference number, name of the
Tenderer, contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable] Title/position: [insert title/position]


Procuring Entity: [insert name of Procuring Entity] Email address: [insert email address]

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after
the date that the debriefing is provided. If this happens, we will notify you and confirm the date that
the extended Standstill Period will end. The debriefing may be in writing, by phone, video conference
call or in person. We shall promptly advise you in writing how the debriefing will take place and
confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we
will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business
Days from the date of publication of the Contract Award Notice.

2. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted by


midnight, [insert date] (local time).

Provide the contract name, reference number, name of the Tenderer, contact details; and address the
Procurement- related Complaint as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Procuring Entity: [insert name of Procuring Entity]

Email address: [insert email address]

At this point in the procurement process, you may submit a Procurement-related Complaint
challenging the decision to award the contract. You do not need to have requested, or received, a
debriefing before making this complaint. Your complaint must be submitted within the Standstill
Period and received by us before the Standstill Period ends.

In summary, there are four essential requirements:

a) You must be an 'interested party'. In this case, that means a Tenderer who submitted a
Tender in this tendering process, and is the recipient of a Notification of Intention to
Award.
b) The complaint can only challenge the decision to award the contract.
c) You must submit the complaint within the period stated above.
d) You must include, in your complaint, all of the information necessary to support your case.
e) The application must be accompanied by the fees set out in the Procurement Regulations,
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which shall not be refundable (information available from the Public Procurement
Authority at www.ppoa.go.ke.

3. Standstill Period
a) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
i) The Standstill Period lasts ten (14) Days after the date of transmission of this
Notification of Intention to Award.
ii) The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification please do not hesitate to contact us. On behalf of

the Procuring Entity:

Name

Title and Position

Signature

Date

Page 270 of 292


FORM NO. 2 - NOTIFICATION OF AWARD

Letter of Acceptance

[letter head paper of the Procuring

Entity] [date]

FORMAT

To: [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the Contract and
identification number, as given in the SCC] for the Accepted Contract Amount [amount in numbers
and words] [name of currency], as corrected and modified in accordance with the Instructions to
Tenderers, is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 30 days in accordance with the
Conditions of Contract, using, for that purpose, one of the Performance Security Forms included in
Section X, Contract Forms, of the tender document.

We attach a copy of the Contact for your

Authorized

Signature: Name

and Title of

Signatory: Name of

Agency:

Attachment: Contract Agreement

Page 271 of 292


FORM NO. 3 – CONTRACT AGREEMENT

THIS AGREEMENT made the ________________ day of ________________________, _____,


between
______________________________________of __________________________ (hereinafter “the
Procuring Entity”), of the one part, and of (herein after
“the Contractor”), of the other part:
WHEREAS the Procuring Entity desires that the Works known as should
be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and
completion of these Works and the remedying of any defects therein, The Procuring Entity and the
Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

a) The Letter of Acceptance


b) The Letter of Tender
c) The addenda Nos (if any)
d) The Particular Conditions
e) The General Conditions;
f) The Specification
g) The Drawings; and
h) The completed Schedules and any other documents forming part of the contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as


specified in this Agreement, the Contractor hereby covenants with the Procuring Entity to
execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of Kenya on the day, month and year specified above.

Signed by

(for the Procuring Entity)

Signed by

(for the Contractor)

Page 272 of 292


FORM NO. 4 - PERFORMANCE SECURITY
– (Unconditional Demand Bank Guarantee)

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring

Entity] Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (herein after called "the Applicant") has entered into
Contract No. dated with the Beneficiary, for the execution of
(herein after called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, a performance


guarantee is required.

3. At the request of the Applicant, we as Guarantor, here by irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ( ),1 such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, upon
receipt by us of the Beneficiary's complying demand supported by the Beneficiary's statement,
whether in the demand itself or in a separate signed document accompanying or identifying the
demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without
the Beneficiary needing to prove or to show grounds for your demand or the sum specified
therein.

4. This guarantee shall expire, no later than the …..................... Day of …........... 2…2, and any
demand for payment under it must be received by us at this office indicated above on or
before that date.

5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.”

__________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if
any, and denominated either in the currency(cies) of the Contract or a freely convertible currency
acceptable to the Beneficiary.
2Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9.
The Procuring Entity should note that in the event of an extension of this date for completion of the
Contract, the Procuring Entity would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date established
in the guarantee. In preparing this guarantee, the Procuring Entity might consider adding the
following text to the form, at the end of the pen ultimate paragraph: “The Guarantor agrees to a one-
Page 273 of 292
time extension of this guarantee for a period not to exceed [six months] [one year], in response to
the Beneficiary's written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”

Page 274 of 292


FORM NO. 6 - ADVANCE PAYMENT SECURITY

[Demand Bank Guarantee] [Guarantor letterhead or SWIFT

identifier code] [Guarantor letterhead or SWIFT identifier

code]
Beneficiary: [Insert name and Address of Procuring
Entity] Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (herein after called “the Applicant”) has entered into
Contract No. dated with the Beneficiary, for the execution of
(herein after called" the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, an advance


payment in the sum ( ) is to be made against an advance payment
guarantee.

3. At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of (
1
) upon receipt by us of the Beneficiary's complying demand supported by the Beneficiary's
statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating either that the Applicant:
a) Has used the advance payment for purposes other than the costs of mobilization in respect of
th e Works; or
b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary's bank stating that the advance payment referred to above has
been credited to the Applicant on its account number at

5. The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent
of the Accepted Contract Amount, less provisional sums, has been certified for payment, or on
the day of ,2 ,2 whichever is
earlier. Consequently, any demand for payment under this guarantee must be received by us at
this office on or before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

1 The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a
Page 275 of 292
freely convertible currency acceptable to the Procuring Entity.
2Insert the expected expiration date of the Time for Completion. The Procuring Entity should note
that in the event of an extension of the time for completion of the Contract, the Procuring Entity would
need to request an extension of this guarantee from the Guarantor. Such request must be in writing
and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Procuring Entity might consider adding the following text to the form, at the end of
the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months] [one year], in response to the Beneficiary's written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12)
ROAD

FORM NO. 7 - RETENTION MONEY SECURITY


[Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [Insert name and Address of


Procuring Entity] Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.:


[Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
1. We have been informed that [insert name of Contractor, which in the case of a
joint venture shall be the name of the joint venture] (herein after called" the Contractor") has
entered into Contract No. [insert reference number of the contract] dated
with the Beneficiary, for the execution of [insert name of contract and brief description
of Works] (herein after called" the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, and payment of [insert the second half of the
Retention Money] is to be made against a Retention Money guarantee.

3. At the request of the Contractor, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words ])1 upon receipt by us of the Beneficiary's complying
demand supported by the Beneficiary's statement, whether in the demand itself or in a separate
signed document accompanying or identifying the demand, stating that the Contractor is in
breach of its obligation(s) under the Contract, without your needing to prove or show grounds
for your demand or the sum specified therein.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary's bank stating that the second half of the Retention Money as
referred to above has been credited to the Contractor on its account number at_________
[insert name and address of Applicant's bank].

5. This guarantee shall expire no later than the……………. Day of…….…, 2…2, and any
demand for payment under it must be received by us at the office indicated above on or before
that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.

____________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]
Note: All italicized text (including foot notes) is for use in preparing this form and shall be
deleted from the final product.

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12)
ROAD

FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer. In
case of joint venture, the tenderer must submit a separate Form for each member. The beneficial
ownership information to be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately
owns or controls the Tenderer by meeting one or more of the following conditions:

• Directly or indirectly holding 25% or more of the shares.


• Directly or in directly holding 25% or more of the voting rights.
• Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Tenderer.

Tender Reference No.: [insert


identification no] Name of the Assignment: [insert name
of the assignment] to: [insert complete name of Procuring Entity]

In response to your notification of award dated [insert date of notification of award]


to furnish additional information on beneficial ownership: [select one option as applicable and
delete the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Directly or Directly or Directly or indirectly having the


Beneficial Owner indirectly holding indirectly holding right to appoint a majority of
25% or more of 25 % or more of the board of the directors or an
the shares the Voting Rights equivalent governing body of
the Tenderer
(Yes / No) (Yes / No)
(Yes / No)

[include full name


(last, middle, first),
nationality, country
of residence]

OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12)
ROAD

conditions: directly or indirectly holding 25% or more of the shares. Directly or indirectly
holding 25% or more of the voting rights. Directly or indirectly having the right to appoint a
majority of the board of directors or equivalent governing body of the Tenderer.

OR
We declare that we are unable to identify any Beneficial Owner meeting one or more of the following
conditions. [If this option is selected, the Tenderer shall provide explanation on why it is unable to
identify any Beneficial Owner]

Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25% or
more of the voting rights.

Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Tenderer]”

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert complete
name of person duly authorized to sign the Tender]

Title of the person signing the Tender: ....................... [insert complete title of the person signing the
Tender]

Signature of the person named above: ....................... [insert signature of person whose name and
capacity are shown above]

Date signed ....................... [insert date of signing] day of....................... [Insert month], [insert year]

Page 279 of 292


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

SUPERVISION CHECKLIST
Supervision Check List
TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

1. This check list is for Resident Engineer to check Contractor’s work execution process. The Engineer's
Representative
2. Fill in date of checking as (day/month), mark as indicated in Filling Example, and state remarks. (Project Engineer)

3. Put this k list in the Monthly Progress Report. resident Engineer

before During execution after Remarks

Date Date Date Date Date Date Date Date Date Date Reason for unsatisfactory
performance (Site diary No.)
Item Check Point Corrective order by authority
(Date)
/ / / / / / / / / /
Excellent point to be
specified

1 Execution Works
system in Execution
general Programme
1-1 (including its
revised
version if
any) is
submitted

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

before the
date
specified in
contract
document
Works
Execution
Programme
properly
1-2 reflects the
given
specification
s and site
conditions
Execution
procedures
are in
1-3 accordance
with Works
Execution
Programme
2 2-1

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

All
equipment
used are
properly
mobilized in
accordance
with Works
Equipmen Execution
t holding Programme
All
equipment
used is well
2-2 maintained
during the
execution of
works
3 Contracto Qualified
r’s in- technical
house staff of
staff 3-1 Contractor
are properly
assigned as
specified in
Works

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

Execution
Programme
Contractor’s
in-house key
staff
3-2 understand
work process
and schedule
properly
Contractor’s
in-house
staff give
technical
guidance and
3-3
direction to
workers and
operators
properly and
timely
Communicat
ions with
3-4
authority in
writing is

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

properly and
timely
4 Personele Workers and
mployme operators are
nt deployed in
4-1 accordance
with Works
Execution
Programme
Wage
payment is
4-2 properly
made on
time
5 Site base Office and
facilities stockyard
are prepared
in
5-1
accordance
with Works
Execution
Programme

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

Site is well
maintained
during the
work
5-2
execution
and cleared
on
completion
Material
stored on site
is properly
5-3 managed
during the
work
execution
6 Quality Material
and testing,
quantity structural
managem examination,
ent 6-1 and
measuremen
ts are
properly and
PERIODICl

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

y conducted
based on
specification
s and Works
Execution
Programme
Results of
material
testing,
structural
examination
6-2 and
measuremen
ts are within
the
specification
s.
Results of
material
testing,
6-3 structural
examination,
and
measuremen

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

ts are
properly
compiled as
reports for
confirmation
7 Work Understandi
schedulin ng of critical
g path and its
7-1
reflection on
scheduling is
proper
Actual
proceedings
are
periodically
compared to
7-2 the planned
schedule
described in
Works
Execution
Programme
7-3

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

Changes
caused by
site
conditions
are properly
handled to
keep things
on schedule
All works
are
completed
within the
7-4 contract term
or within the
extended
term as
allowed
8 Work No accident
safety occurs to
managem 8-1 workers,
ent operators, or
third-parties.
8-2

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

Safety of
workers and
operators is
considered
Accident
prevention
8-3 efforts for
third-parties
are proper
Traffic and
site safety
devices are
8-4
properly
installed and
managed
Temporary
facilities
(e.g.
8-5 scaffolding)
are
constantly
checked

Page 289 of 292


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

9 Environm Environment
ental and al and social
social mitigation
managem efforts (e.g.
ent against
9-1
noise,
vibration,
emission,
and dust ) are
conducted
Waste
material
9-2 from site is
properly
disposed
Damage to
existing
roads, works
and services
9-3
is avoided or
are repaired
when it
occurs

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD

Supervision Check List


TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures

No
overloading
for work-
9-4
related
vehicles is
reported

Filling Example: ✓Check point is satisfactory ■ Check point is unsatisfactory N/A Not applicable

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TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU –
CHEPSONOI (B12) ROAD

Page 292 of 292

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