TECHNICAL UNIVERSITY OF MOMBASA

TENDER NO: TUM/T/10/2019-2020

PROPOSED CONSTRUCTION OF MABOKONI WORKSHOP

FOR TECHNICAL UNIVERSITY OF MOMBASA (KWALE
CAMPUS)

CLOSING DATE: WEDNESSDAY, 19TH FEBRUARY, 2020 AT

10.00AM
 COUNTY GOVERNMENT OF MOMBASA
DEPARTMENT OF TRANSPORT, INFRASTRUCTURE AND PUBLIC WORKS
DIRECTORATE OF PUBLIC WORKS

BILLS OF QUANTITIES FOR THE PROPOSED

CONSTRUCTION OF MABOKONI WORKSHOP FOR
TECHNICAL UNIVERSITY OF MOMBASA
(KWALE CAMPUS)

ISSUED BY CLIENT

Director Public Works The Vice Chancellor,

Transport And Infrastructure Technical University Of Mombasa
P. O. Box 90350 -80100 P. O. Box 90420 - 80100
Mombasa Mombasa

Febraury,2020

1
 COUNTY GOVERNMENT OF MOMBASA
DEPARTMENT OF TRANSPORT, INFRASTRUCTURE AND PUBLIC WORKS
DIRECTORATE OF PUBLIC WORKS
PROPOSED CONSTRUCTION OF MABOKONI WORKSHOP FOR TECHNICAL
UNIVERSITY OF MOMBASA (KWALE CAMPUS)

ITEM CONTENTS PAGE No.

A. CONTENTS PAGE (i)

B. SIGNATURE PAGE AND NOTES (ii)

C. STANDARD TENDER DOCUMENTS FOR PROCUREMENT WORKS 1-47

D. PREAMBLES AND PRICING NOTES (PN/1-PN/3)

E. GENERAL PRELIMINARIES (GP/1 –13)

F. PARTICULAR PRELIMINARIES (PP/1- 7)

G. BUILDER’S WORKS (BW/1-9)

H. MECHANICAL WORKS (M/1-2)

I. ELECTRICAL WORKS (E/1-2)

J. PROVISIONAL SUMS (PS)

K. GRAND SUMMARY (G/SUM)

L. TENDER EVALUATION CRETERIA (E/1-2)

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 COUNTY GOVERNMENT OF MOMBASA
DEPARTMENT OF TRANSPORT, INFRASTRUCTURE AND PUBLIC WORKS
DIRECTORATE OF PUBLIC WORKS

BILLS OF QUANTITIES
Supplied as part of; PROPOSED CONSTRUCTION OF MABOKONI WORKSHOP
FOR TECHNICALUNIVERSITY OF MOMBASA (KWALE CAMPUS)

Issued by:-

DIRECTOR OF PUBLIC WORKS,

DEPARTMENT OF TRANSPORT, INFRASTRUCTURE AND PUBLIC WORKS,
P. O. BOX 90350 - 80100,
MOMBASA.

The contract for the mentioned works entered into this ……….day of ………....2020
By the undersigned parties refer to these Bills of Quantities and the Ministry of Public Works
General Specifications dated March 1976 (together with any amendments thereto issued since date
of publication) both of which shall be read and construed as part of the said contract.

Signed ……………………… Signed ……………………………………

Contractor The Vice Chancellor,
Technical University Mombasa

DATE…………………………… DATE……………………………………..
SPECIAL NOTES
The contractor is required to check the number of pages of these Bills of Quantities and should he
find any missing or in duplicate, or figures indistinct, he must inform the Director of Public
Works, Department of Transport, Infrastructure and Public Works at once and have the same
rectified.

Further, should the contractor be in doubt about precise meaning of any item or figure for any
reason whatsoever, he must inform the Director of Public Works, Department of Transport,
Infrastructure and Public Works, in order that the correct meaning may be decided before the date
of submission of tenders. No liability will be admitted nor claim allowed in respect of the errors in
the contractors tender due to mistakes in the specifications that should have been rectified in the
manner described above.

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 TABLE OF CONTENTS

PAGE

INTRODUCTION ………………………………………… 2

SECTION I INVITATION FOR TENDERS …………………………… 3-4

SECTION II INSTRUCTIONS TO TENDERERS …………………… 5-12

SECTION III CONDITIONS OF CONTRACT ………………………… 13-23

APPENDIX TO CONDITIONS OF CONTRACT ……… 24-25

SECTION IV SPECIFICATIONS………………………………………… 26

DRAWINGS ……………………………………………….. 26

BILLS OF QUANTITIES …………………………………. 26-27

SECTION V STANDARD FORMS……………………………………... 28-44

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 INTRODUCTION

1.1 This standard tender document for procurement of works has been prepared for use
by procuring entities in Kenya in the procurement of works (e.g. Buildings, and
associated civil engineering works) which the procuring entity considers to be small
and where it is not required to be open tendering.

1.2 The following guidelines should be observed when using the document:-
(a) Specific details should be furnished in the tender notice and in the
special conditions of contract (where applicable). The tender document
issued to tenderers should not have blank spaces or options.

(b) The instructions to tenderers and the General Conditions of Contract should
remain unchanged. Any necessary a amendments to these parts should be
made through Appendix to instructions to tenderers and special conditions
of contract respectively.

1.3 (a) Information contained in the invitation to tender shall conform to the
data and information in the tender documents to enable prospective
tenderers to decide whether or not to participate in the tender and shall
indicate any important tender requirements

I. The invitation to tender shall be as an advertisement in accordance with the

regulations or a letter of invitation addressed to tenderers who have been
prequalified following a request for prequalification.

1.4 The cover of the tender document should be modified to include:-

II. Tender number.

III. Tender name.
IV. Name of procuring entity.
V. Delete name and address of PPOA.

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 SECTION I
INVITATION FOR TENDERS
TENDER REFERENCE NO: TUM/T/10/2019-2020
TENDER NAME: PROPOSED CONSTRUCTION OF MABOKONI
WORKSHOP FOR TECHNICAL UNIVERSITY OF MOMBASA (KWALE
CAMPUS)
1.1 Technical University of Mombasa invites sealed tenders for the Proposed
Construction of Mabokoni Workshop for Technical University of Mombasa (Kwale
Campus)

1.2 Interested eligible candidates may obtain further information and inspect tender
documents (and additional copies) at Technical University of Mombasa, Main
Campus, P.O. Box 90420 in the Procurement Department during normal working
hours.

1.3 A complete set of tender documents may be obtained by interested candidates upon
payment of a non-refundable fees of Ksh. 1000.00 in cash or Bankers Cheque payable
to Technical University of Mombasa for hard copies or downloaded from
University website (www.tum.ac.ke.) or http://tenders.go.ke free of charge.

1.4 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings and
shall remain valid for (120) days from the closing date of tender.
1.5 Further, tender from the following tenderers shall be treated as Non-responsive and
therefore subject to automatic disqualification:-
a) A tender from a tenderer whose on-going projects is/are behind schedule and
without any approved extension of time
b) A tender from a tenderer who has been served with default notice on on-going
project/s or terminated from a contract

1.6 Completed tender documents are to be enclosed in plain sealed envelopes marked
with Tender name and reference number and deposited in the Tender Box at the
Administration Block 1st Floor or to be addressed to:
THE VICE CHANCELLOR
Technical university of Mombasa
P.O. BOX 90420-80100 Mombasa, KENYA
Should be deposited in the tender box located at the Administration Block 1st Floor on or
before Wednesday, 19th February, 2020 at 10.00am. Late bids will not be accepted
Bulky tenders which do not fit the tender box shall be registered at the Vice
Chancellor Office on 1st floor of the Administration Block,
1.7 Tenders will be opened immediately thereafter in the presence of the candidates or
their representatives who choose to attend at Technical University of Mombasa
Main Campus.

HEAD OF PROCUREMENT
FOR: VICE CHANCELLOR

6
 SECTION II

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

CLAUSE PAGE.

1. GENERAL --------------------------------------- --- 6

2. TENDER DOCUMENTS -------------------------- 7

3. PREPARATION OF TENDERS ------------------- 7 - 8

4. SUBMISSION OF TENDERS --------------------- 8- 9

5. TENDER OPENING AND EVALUATON -------- 9- 10

6. AWARD OF CONTRACT ------------------------- 11 -12

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 INSTRUCTIONS TO TENDERERS.

1. General

1.1 The Employer as defined in the Appendix to Conditions of Contract invites

tenders for Works Contract as described in the tender documents. The
successful Tenderer will be expected to complete the Works by the Intended
Completion Date specified in the said tender document

1.2 Tenderers shall include the following information and documents with their
tenders, unless otherwise stated:

(a) copies of certificates of registration, and principal place of business;

(b) total monetary value of construction work performed for each of the
last five years;
(c) experience in works of a similar nature and size for each of the last five
years, and clients who may be contacted for further information on
these contracts;
(d) major items of construction equipment owned;
(e) qualifications and experience of key site management and technical
personnel proposed for the Contract;
(f) reports on the financial standing of the Tenderer, such as profit and
loss statements and auditor’s reports for the last five years;
(g) Authority to seek references from the Tenderer’s bankers.

1.3 The Tenderer shall bear all costs associated with the preparation and
submission of his tender, and the Employer will in no case be responsible or
liable for those costs.

1.4 The Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to
visit and examine 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.

1.5 The procurement entity’s employees, committee members, board members

and their relative (spouse and children) are not eligible to participate in the
tender.

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

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2. Tender Documents

2.1 The complete set of tender documents comprises the documents listed here
below and any addenda issued in accordance with clause 2.4 herebelow:-

(a) These instructions to Tenderers

(b) Form of Tender
(c) Conditions of Contract and Appendix to Conditions of Contract
(d) Specifications
(e) Drawings
(f) Bills of Quantities/Schedule of Rates (whichever is applicable)
(g) Other materials required to be filled and submitted in accordance with
these Instructions and Conditions

2.2 The Tenderer shall examine all instructions, forms and specifications in the
tender documents. Failure to furnish all information required by the tender
documents may result in rejection of his tender.

2.3 A prospective Tenderer making inquiries of the tendering documents may

notify the Employer in writing or by cable, telex or facsimile at the address
indicated in the letter of invitation to tender. The Employer will respond to
any request for clarification received earlier than seven [7] days prior to the
deadline for submission of tenders. Copies of the Employer’s response will
be forwarded to all persons issued with tendering documents, including a
description of the inquiry, but without identifying its source.

2.4 Before the deadline for submission of tenders, the Employer may modify the
tendering documents by issuing addenda. Any addendum thus issued shall
be part of the tendering documents and shall be communicated in writing or
by cable, telex or facsimile to all Tenderers. Prospective Tenderers shall
acknowledge receipt of each addendum in writing to the Employer.

2.5 To give prospective Tenderers reasonable time in which to take an addendum

into account in preparing their tenders, the Employer shall extend, as
necessary, the deadline for submission of tenders in accordance with clause
4.2 herebelow.
3. Preparation of Tenders

3.1 All documents relating to the tender and any correspondence shall be in
English Language.

3.2 The tender submitted by the Tenderer shall comprise the following:-
(a) The Tender;

(b) Tender Security;

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 (c) Priced Bill of Quantities/Schedule of Rates for lump-sum Contracts

(d) Any other materials required to be completed and submitted by

Tenderers.

3.3 The Tenderer shall fill in rates and prices for all items of the Works described
in the Bill of Quantities/Schedule of Rates. Items for which no rate or price is
entered by the Tenderer will not be paid for when executed and shall be
deemed covered by the other rates and prices in the Bill of
Quantities/Schedule of Rates. All duties, taxes and other levies payable by
the Contractor under the Contract, as of 30 days prior to the deadline for
submission of tenders, shall be included in the tender price submitted by the
Tenderer.

3.4 The rates and prices quoted by the Tenderer shall not be subject to any
adjustment during the performance of the Contract.

3.5 The unit rates and prices shall be in Kenya Shillings.

3.6 Tenders shall remain valid for a period of sixty (120) days from the date of
submission. However in exceptional circumstances, the Employer may
request that the Tenderers extend the period of validity for a specified
additional period. The request and the Tenderers’ responses shall be made in
writing.

3.7 The Tenderer shall prepare one original of the documents comprising the
tender documents as described in these Instructions to Tenderers.

3.8 The original shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorised to sign on behalf of the Tenderer. All
pages of the tender where alterations or additions have been made shall be
initialed by the person or persons signing the tender.

3.9 Clarification of tenders shall be requested by the tenderer to be received by

the procuring entity not later than 7 days prior to the deadline for submission
of tenders.

3.10 The procuring entity shall reply to any clarifications sought by the tenderer
within 3 days of receiving the request to enable the tenderer to make timely
submission of its tender.
4. Submission of Tenders

4.1 The tender duly filled and sealed in an envelope shall;-

(a) be addressed to the Employer at the address provided in the invitation to

tender;
[b] Bear the name and identification number of the Contract as defined
10
 in the invitation to tender; and

[c] Provide a warning not to open before the specified time and date for
tender opening.

4.2 Tenders shall be delivered to the Employer at the address specified above not
later than the time and date specified in the invitation to tender.

4.3 The tenderer shall not submit any alternative offers unless they are
specifically required in the tender documents.

Only one tender may be submitted by each tenderer. Any tenderer who fails
to comply with this requirement will be disqualified.

4.4 Any tender received after the deadline for opening tenders will be returned to
the tenderer un-opened.

4.5 The Employer may extend the deadline for submission of tenders by issuing
an amendment in accordance with sub-clause 2.5 in which case all rights and
obligations of the Employer and the Tenderers previously subject to the
original deadline will then be subject to the new deadline.

5. Tender Opening and Evaluation

5.1 The tenders will be opened in the presence of the Tenderers’ representatives
who choose to attend at the time and in the place specified in the invitation to
tender.

5.2 The Tenderers’ names, the total amount of each tender and such other details
as may be considered appropriate, will be announced at the opening by the
Employer. Minutes of the tender opening, including the information
disclosed to those present will also be prepared by the Employer.

5.3 Information relating to the examination, clarification, evaluation and

comparison of tenders and recommendations for the award of the Contract
shall not be disclosed to Tenderers or any other persons not officially
concerned with such process until the award to the successful Tenderer has
been announced. Any effort by a Tenderer to influence the Employer’s
officials, processing of tenders or award decisions may result in the rejection
of his tender.

5.4 Tenders determined to be substantially responsive will be checked for any

arithmetic errors. Errors will be corrected as follows:
9
(a) where there is a discrepancy between the amount in figures and the
amount in words, the amount in words will prevail; and
11
 (b) where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the unit
rate as quoted will prevail, unless in the
opinion of the Employer’s representative, there is an obvious
typographical error, in which case the adjustment will be made to the
entry containing that error.

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

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

(d) The Error Correction Factor shall be computed by expressing the

difference between the tender amount and the corrected tender sum as
a percentage of the Corrected Builder’s Work (i.e. corrected tender sum
less P.C. and Provisional Sums).

(e) The Error Correction Factor shall be applied to all Builders’ Work (as a
rebate or addition as the case may be) for the purposes of valuations
for Interim Certificates and valuation of variations.

(f) The amount stated in the tender will be adjusted in accordance with
the above procedure for the correction of errors and with concurrence
of the Tenderer, shall be considered as binding upon the Tenderer. If
the Tenderer does not accept the corrected amount, the tender may be
rejected and the Tender Security forfeited.
5.5 The tender evaluation committee shall evaluate the tender within 30 days of
the validity period from the date of opening the tender.

5.6 Contract price variations shall not be allowed for contracts not exceeding one
year (12 months)

5.7 Where contract price variation is allowed, the valuation shall not exceed 15%
of the original contract price.

5.8 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.

5.9 Preference where allowed in the evaluation of tenders shall not exceed 15%
5.10 To assist in the examination, evaluation, and comparison of tenders, the
Employer at his discretion, may request [in writing] any Tenderer for
clarification of the tender, including breakdowns of unit rates. The

12
 5.11 request for clarification and the response shall be in writing or by cable, telex
or facsimile but no change in the tender price or substance of the tender shall
be sought, offered or permitted.

5.12 The Tenderer shall not influence the Employer on any matter relating to his
tender from the time of the tender opening to the time the Contract is
awarded. Any effort by the Tenderer to influence the Employer or his
employees in his decision on tender evaluation, tender comparison or
Contract award may result in the rejection of the tender.

6. Award of Contract

6.1 The award of the Contract will be made to the Tenderer who has offered the
lowest evaluated tender price.

6.2 Notwithstanding the provisions of clause 6.1 above, the Employer reserves
the right to accept or reject any tender and to cancel the tendering process
and reject all tenders at any time prior to the award
of Contract without thereby incurring any liability to the affected Tenderer or
Tenderers or any obligation to inform the affected Tenderer or Tenderers of
the grounds for the action.

6.3 The Tenderer whose tender has been accepted will be notified of the award
prior to expiration of the tender validity period in writing or by cable, telex or
facsimile. This notification (hereinafter and in all Contract documents called
the “Letter of Acceptance”) will state the sum [hereinafter and in all Contract
documents called the “Contract Price” which the Employer will pay the
Contractor in consideration of the execution, completion, and maintenance of
the Works by the Contractor as prescribed by the Contract. The contract shall
be formed on the parties signing the contract. At the same time the other
tenderers shall be informed that their tenders have not been successful.

6.4 Within 14 days of receipt of the letter of acceptance , the successful Tenderer
will sign the Agreement and return it to the Employer.

6.5 Within 21 days after receipt of the Letter of Acceptance, the successful
Tenderer shall deliver to the Employer a Performance Security amount
stipulated in the Appendix to Conditions of Contract.

6.6 The parties to the contract shall have it signed within 30 days from the date of
notification of contract award unless there is an administrative review
request.

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 6.7 The procuring entity may at any time terminate procurement proceedings
before contract award and shall not be liable to any person for the
termination.

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

7. Corrupt and fraudulent practices

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

7.2 The procuring entity will reject a tender if it determines that the tenderer
recommended for award has engaged in corrupt and fraudulent practices in
competing for the contract in question.

7.3 Further a tenderer who is found to have indulged in corrupt and fraudulent
practices risks being debarred from participating in public procurement in
Kenya.

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 SECTION III
CONDITIONS OF CONTRACT
Table of Clauses Page
1. DEFINITIONS……………………………………………………………… 13

2. CONTRACT DOCUMENTS……………………………………………… 14

3. EMPLOYER’S REPRESENTATIVE’S DECISIONS………………… 14

4. WORKS, LANGUAGE AND LAW OF CONTRACT…………………. 15

5. SAFETY, TEMPORARY WORKS AND DISCOVERIES……………. 15

6. WORK PROGRAM AND SUB-CONTRACTING…………………….. 15

7. THE SITE…………………………………………………………………. 15-16

8. INSTRUCTIONS…………………………………………………………… 16

9. EXTENSION OF COMPLETION DATE……………………………….. 16-17

10. MANAGEMENT MEETINGS……………………………………………. 17

11. DEFECTS…………………………………………………………………… 17-18

12. BILLS OF QUANTITIES/SCHEDULE OF RATES…………………. 18

13. VARIATIONS……………………………………………………………….. 18

14. PAYMENT CERTIFICATES AND FINAL ACCOUNT ………………… 18-19

15. INSURANCES ……………………………………………………………. 19

16. LIQUIDATED DAMAGES………………………………………………… 19

17. COMPLETION AND TAKING OVER…………………………………… 20

18. TERMINATION……………………………………………………………… 20

19. PAYMENT UPON TERMINATION………………………………………… 20

20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION……………… 21

21. SETTLEMENT OF DISPUTES……………………………………………… 21

22. APPENDIX TO CONDITIONS OF CONTRACT ………………………… 22-23

15
 13

SECTION III - CONDITIONS OF CONTRACT

1. Definitions

1.1 In this Contract, except where context otherwise requires, the following terms
shall be interpreted as indicated;

“Bills of Quantities” means the priced and completed Bill of Quantities

forming part of the tender[where applicable].

“Schedule of Rates” means the priced Schedule of Rates forming part of the
tender [where applicable].

“The Completion Date” means the date of completion of the Works as

certified by the Employer’s Representative.

“The Contract” means the agreement entered into by the Employer and the
Contractor as recorded in the Agreement Form and signed by the parties.

“The Contractor” refers to the person or corporate body whose tender to

carry out the Works has been accepted by the Employer.

“The Contractor’s Tender” is the completed tendering document submitted

by the Contractor to the Employer.

“The Contract Price” is the price stated in the Letter of Acceptance.

“Days” are calendar days; “Months” are calendar months.

“A Defect” is any part of the Works not completed in accordance with the
Contract.

“The Defects Liability Certificate” is the certificate issued by Employer’s

Representative upon correction of defects by the Contractor.

“The Defects Liability Period” is the period named in the Appendix to

Conditions of Contract and calculated from the Completion Date.

“Drawings” include calculations and other information provided or

approved by the Employer’s Representative for the execution of the Contract.

“Employer” Includes Central or Local Government administration,

Universities, Public Institutions and Corporations and is the party who
employs the Contractor to carry out the Works.
16
 14

“Equipment” is the Contractor’s machinery and vehicles brought

temporarily to the Site for the execution of the Works.

“Site” means the place or places where the permanent Works are to be
carried out including workshops where the same is being prepared.

“Materials” are all supplies, including consumables, used by the Contractor

for incorporation in the Works.

“Employer’s Representative” is the person appointed by the Employer and

notified to the Contractor for the purpose of supervision of the Works.

“Specification” means the Specification of the Works included in the

Contract.

“Start Date” is the date when the Contractor shall commence execution of
the Works.

“ A Subcontractor” is a person or corporate body who has a Contract with

the Contractor to carry out a part of the Work in the Contract, which includes
Work on the Site.

“Temporary works” are works designed, constructed, installed, and removed

by the Contractor which are needed for construction or installation of the
Works.

“ A Variation” is an instruction given by the Employer’s Representative

which varies the Works.

“The Works” are what the Contract requires the Contractor to construct,
install, and turnover to the Employer.

2. Contract Documents

2.1 The following documents shall constitute the Contract documents and shall
be interpreted in the following order of priority;

(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities or Schedule of Rates [whichever is applicable)

17
3. Employer’s Representative’s Decisions

3.1 Except where otherwise specifically stated, the Employer’s Representative

will decide contractual matters between the Employer and the Contractor in
the role representing the Employer.

4. Works, Language and Law of Contract

4.1 The Contractor shall construct and install the Works in accordance with the
Contract documents. The Works may commence on the Start Date and shall
be carried out in accordance with the Program submitted by the Contractor,
as updated with the approval of the Employer’s Representative, and complete
them by the Intended Completion Date.

4.2 The ruling language of the Contract shall be English language and the law
governing the Contract shall be the law of the Republic of Kenya.

5. Safety, Temporary works and Discoveries

5.1 The Contractor shall be responsible for design of temporary works and shall
obtain approval of third parties to the design of the temporary works where
required.

5.2 The Contractor shall be responsible for the safety of all activities on the Site.

5.3 Any thing of historical or other interest or significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor
shall notify the Employer’s Representative of such discoveries and carry out
the Employer’s Representative’s instructions for dealing with them.

6 Work Program and Sub-contracting

6.1 Within seven days after Site possession date, the Contractor shall submit to
the Employer’s Representative for approval a program showing the general
methods, arrangements, order and timing for all the activities in the Works.

6.2 The Contractor may sub-contract the Works (but only to a maximum of 25
percent of the Contract Price) with the approval of the Employer’s
Representative. However, he shall not assign the Contract without the
approval of the Employer in writing. Sub-contracting shall not alter the
Contractor’s obligations.

7 The site

7.1 The Employer shall give possession of all parts of the Site to the Contractor.

18
 7.2 The Contractor shall allow the Employer’s Representative and any other
person authorised by the Employer’s Representative ,access to the Site and to
any place where work in connection with the Contract is being carried out or
is intended to be carried out.

8 Instructions

8.1 The Contractor shall carry out all instructions of the Employer’s
Representative which are in accordance with the Contract.

9 Extension of Completion Date

9.1 The Employer’s Representative shall extend the Completion Date if an

occurrence arises which makes it impossible for completion to be achieved by
the Intended Completion Date. The Employer’s Representative shall decide
whether and by how much to extend the Completion Date.

9.2 For the purposes of this clause, the following occurrences shall be valid for
consideration;

Delay by:-
(a) force majeure, or

(b) reason of any exceptionally adverse weather conditions, or

(c) reason of civil commotion, strike or lockout affecting any of the trades
employed upon the Works or any of the trades engaged in the
preparation, manufacture or transportation of any of the goods or
materials required for the Works, or

(d) reason of the Employer’s Representative’s instructions issued under

these Conditions, or

(e) reason of the contractor not having received in due time necessary
instructions, drawings, details or levels from the Employer’s
Representative for which he specifically applied in writing on a date
which having regard to the date for Completion stated in the appendix
to these Conditions or to any extension of time then fixed under this
clause was neither unreasonably distant from nor unreasonably close
to the date on which it was necessary for him to receive the same, or

(f) delay on the part of artists, tradesmen or others engaged by the

Employer in executing work not forming part of this Contract, or
17
(g) reason of delay by statutory or other services providers or similar
bodies engaged directly by the Employer, or
19
 (h) reason of opening up for inspection of any Work covered up or of the
testing or any of the Work, materials or goods in accordance with these
conditions unless the inspection or test showed that the Work,
materials or goods were not in accordance with this Contract, or

(i) reason of delay in appointing a replacement Employer’s

Representative, or

(j) reason of delay caused by the late supply of goods or materials or in

executing Work for which the Employer or his agents are contractually
obliged to supply or to execute as the case may be, or

(k) delay in receiving possession of or access to the Site.

10 Management Meetings

10.1 A Contract management meeting shall be held regularly and attended by the
Employer’s Representative and the Contractor. Its business shall be to review
the plans for the remaining Work. The Employer’s
Representative shall record the business of management meetings and
provide copies of the record to those attending the meeting and the
Employer. The responsibility of the parties for actions to be taken shall be
decided by the Employer’s Representative either at the management meeting
or after the management meeting and stated in writing to all who attend the
meeting.

10.2 Communication between parties shall be effective only when in writing.

11 Defects

11.1 The Employer’s Representative shall inspect the Contractor’s work and notify
the Contractor of any defects that are found. Such inspection shall not affect
the Contractor’s responsibilities. The Employer’s Representative may instruct
the Contractor to search for a defect and to uncover and test any Work that
the Employer’s Representative considers may have a defect. Should the
defect be found, the cost of uncovering and making good shall be borne by
the Contractor. However if there is no defect found, the cost of uncovering
and making good shall be treated as a variation and added to the Contract
Price.

11.2 The Employer’s Representative shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which begins

11.3 at Completion, and is defined in the Appendix to Conditions of Contract.

11.4 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified by the Employer’s Representative’s
20
 notice. If the Contractor has not corrected a defect within the time specified
in the Employer’s Representative’s notice, the Employer’s Representative will
assess the cost of having the defect corrected by other parties and such cost
shall be treated as a variation and be deducted from the Contract Price.

12 Bills of Quantities/Schedule of Rates

12.1 The Bills of Quantities/Schedule of Rates shall contain items for the
construction, installation, testing and commissioning of the Work to be done
by the Contractor. The Contractor will be paid for the quantity of the Work
done at the rates in the Bills of Quantities/Schedule of Rates for each item.
Items against which no rate is entered by the Tenderer will not be paid for
when executed and shall be deemed covered by the rates for other items in
the Bills of Quantities/Schedule of Rates.

12.2 Where Bills of Quantities do not form part of the Contract, the Contract Price
shall be a lump sum (which shall be deemed to have been based on the rates
in the Schedule of Rates forming part of the tender) and shall be subject to re-
measurement after each stage.

13 Variations

13.1 The Contractor shall provide the Employer’s Representative with a quotation
for carrying out the variations when requested to do so. The Employer’s
Representative shall assess the quotation and shall obtain the necessary
authority from the Employer before the variation is ordered.

13.2 If the Work in the variation corresponds with an item description in the Bill of
Quantities/Schedule of Rates, the rate in the Bill of Quantities/Schedule of
Rates shall be used to calculate the value of the variation. If the nature of the
Work in the variation does not correspond with items in the Bill of
Quantities/Schedule of Rates, the quotation by the Contractor shall be in the
form of new rates for the relevant items of Work.

13.3 If the Contractor’s quotation is unreasonable, the Employer’s Representative

may order the variation and make a change to the Contract Price, which shall
be based on the Employer’s Representative’s own forecast of the effects of the
variation on the Contractor’s costs.
Payment Certificates and Final Account

13.4 The Contractor shall be paid after each of the following stages of Work listed
here-below (subject to re-measurement by the Employer’s
Representative of the Work done in each stage before payment is made). In
case of lump-sum Contracts, the valuation for each stage shall be based on the
quantities so obtained in the re-measurement and the rates in the Schedule of
Rates.

21
 (i) Advance payment________________(percent of Contract Price,
[after Contract execution] to be inserted by the Employer).

(ii) First stage (define stage) ______________________

(iii) Second stage (define stage)____________________

(iv) Third stage (define stage) ______________________

(v) After defects liability period.

13.5 Upon deciding that Works included in a particular stage are complete, the
Contractor shall submit to the Employer’s Representative his application for
payment. The Employer’s Representative shall check, adjust if necessary and
certify the amount to be paid to the Contractor within 21 days of receipt of the
Contractor’s application .The Employer shall pay the Contractor the amounts
so certified within 30 days of the date of issue of each Interim Certificate.

13.6 The Contractor shall supply the Employer’s Representative with a detailed
final account of the total amount that the Contractor considers payable under
the Contract before the end of the Defects Liability Period. The Employer’s
Representative shall issue a Defect Liability Certificate and certify any final
payment that is due to the Contractor within 30 days of receiving the
Contractor’s account if it is correct and complete. If it is not, the Employer’s
Representative shall issue within 21 days a schedule that states the scope of
the corrections or additions that are necessary. If the final account is still
unsatisfactory after it has been resubmitted, the Employer’s Representative
shall decide on the amount payable to the Contractor and issue a Final
Payment Certificate. The Employer shall pay the Contractor the amount so
certified within 60 days of the issue of the Final Payment Certificate.
13.7 If the period laid down for payment to the Contractor upon each of the
Employer’s Representative’s Certificate by the Employer has been exceeded,
the Contractor shall be entitled to claim simple interest calculated pro-rata on
the basis of the number of days delayed at the

Central Bank of Kenya’s average base lending rate prevailing on the first day
the payment becomes overdue. The Contractor will be
20
required to notify the Employer within 15 days of receipt of delayed
payments of his intentions to claim interest.

15. Insurance

15.1 The Contractor shall be responsible for and shall take out appropriate cover
against, among other risks, personal injury; loss of or damage to
the Works, materials and plant; and loss of or damage to property.

22
16. Liquidated Damages

16.1 The Contractor shall pay liquidated damages to the Employer at the rate 0.001
per cent of the Contract price per day for each day that the actual Completion
Date is later than the Intended Completion Date except in the case of any of
the occurrences listed under clause 9.2. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated
damages shall not affect the Contractor’s liabilities.

17. Completion and Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall request the
Employer’s Representative to issue a Certificate of Completion of the Works,
upon deciding that the Work is completed.

The Employer shall take over the Site and the Works within seven days of the
Employer’s Representative issuing a Certificate of Completion.

18. Termination

18.1 The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract. These fundamental breaches of
Contract shall include, but shall not be limited to, the following;

(a) the Contractor stops Work for 30 days continuously without

reasonable cause or authority from the Employer’s Representative;

(b) the Contractor is declared bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;

(c) a payment certified by the Employer’s Representative is not paid by

the Employer to the Contractor within 30 days after the expiry of the
payment periods stated in sub clauses 14.2 and 14.3 hereinabove.
21
(d) the Employer’s Representative gives notice that failure to correct a
particular defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time.

18.2 If the Contract is terminated, the Contractor shall stop Work immediately,
and leave the Site as soon as reasonably possible. The Employer’s
Representative shall immediately thereafter arrange for a meeting for the
purpose of taking record of the Works executed and materials, goods,
equipment and temporary buildings on Site.

19. Payment Upon Termination

23
 19.1 The Employer may employ and pay other persons to carry out and complete
the Works and to rectify any defects and may enter upon the Works and use
all materials on Site, plant, equipment and temporary works.

19.2 The Contractor shall, during the execution or after the completion of the
Works under this clause, remove from the Site as and when required within
such reasonable time as the Employer’s Representative may in writing
specify, any temporary buildings, plant,
machinery, appliances, goods or materials belonging to him, and in default
thereof , the Employer may (without being responsible for any loss or
damage) remove and sell any such property of the Contractor, holding the
proceeds less all costs incurred to the credit of the Contractor.

19.3 Until after completion of the Works under this clause, the Employer shall not be
bound by any other provision of this Contract to make any payment to the
Contractor, but upon such completion as aforesaid and the verification within a
reasonable time of the accounts therefor the Employer’s Representative shall certify
the amount of expenses properly incurred by the Employer and, if such amount
added to the money paid to the Contractor before such determination exceeds the
total amount which would have been payable on due completion in accordance with
this Contract, the difference shall be a debt payable to the Employer by the
Contractor; and if the said amount added to the said money be less than the said
total amount, the difference shall be a debt payable by the Employer to the
Contractor.

20. Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not;

(a) Offer or give or agree to give to any person in the service of the
Employer any gifts or consideration of any kind as an inducement or
reward for doing or forbearing to do or for having done or forborne to
do any act in relation to the obtaining or execution of this or any other
contract with the Employer or for showing or forbearing to show
favour or disfavor to any person in relation to this or any other
contract with the Employer.
22

(b) Any breach of this Condition by the Contractor or by anyone

employed by him or acting on his behalf (whether with or
without the knowledge of the Contractor) shall be an offence under the
Laws of Kenya.

21. Settlement of Disputes

21.1 Any dispute arising out of the Contract which cannot be amicably settled
between the parties shall be referred by either party to the arbitration and
final decision of a person to be agreed between the parties. Failing agreement
24
to concur in the appointment of an Arbitrator, the Arbitrator shall be
appointed by the chairman of the Chartered Institute of Arbitrators, Kenya
branch, on the request of the applying party

25
 21.3 APPENDIX TO CONDITIONS OF CONTRACT

THE EMPLOYER IS

Name: Technical University Mombasa,

Address: P.O. Box 90420-80100, Mombasa

Name of Employer’s Representative: Director Of Public Works, Department of

Transport, Infrastructure and Public Works

Title; ________________________________________________

Telephone: __________________________

The name (and identification number) of the Contract is _________________________

The Works consist of the Proposed Construction of Mabokoni Workshop for Technical
University of Mombasa (Kwale Campus)

The Start Date shall be as agreed with employer’s representative

The Intended Completion Date for the whole of the Works shall be
16 weeks from the start date.

The following documents also form part of the Contract:

_________________________________________________________________________________

_________________________________________________________________________________

The Site Possession Date shall be as agreed with employer’s representative

The Site is located at Mabokoni, Kwale county.

_________________________________________________________________________________

The Defects Liability Period is 6 months on from the practical completion date

Amount of Tender Security is Kshs. 100,000.000

26
The name and Address of the Employer for the purposes of submission of tenders
is………………………………………………………………………………………………………
…………………………………………………………………………………………………………

The tender opening date and time is…………………………(insert tender opening time) on
……………… day of …………(insert date of tender opening)

The amount of performance security is Kshs. 5% of the contract sum

27
 SECTION IV – SPECIFICATIONS, DRAWINGS AND BILLS OF
QUANTITIES/SCHEDULE OF RATES

I. SPECIFICATIONS

Notes for preparing Specifications

1.0 Specifications must be drafted to present a clear and precise statement of the
required standards of materials and workmanship for tenderers to respond
realistically and competitively to the requirements of the Employer and
ensure responsiveness of tenders. The Specifications should require that all
materials, plant, and other supplies to be permanently incorporated in the
Works be new, unused, of the most recent or current models and
incorporating all recent improvements in designs and materials unless
provided otherwise in the Contract.

2.0 Specifications from previous similar projects are useful and it may not be
necessary to rewrite specifications for every works contract.

3.0 Care must be taken in drafting Specifications to ensure they are not
restrictive. In the specification of standards for materials, plant and
workmanship existing Kenya Standards should be used as much as possible
otherwise recognized international standards may also be used.

II DRAWINGS
NOTE: 1. A list of the Contract Drawings should be inserted here
2. The actual Contract Drawings including Site plans should be
annexed in a separate booklet

III BILL OF QUANTITIES/SCHEDULE OF RATES

Notes for preparing Bills of Quantities

1. The objectives of the Bills of Quantities are;

(a) to provide sufficient information on the quantities of Works to be performed

to enable tenders to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities
for use in the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities
in sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or in other circumstances
which may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of the Bill of Quantities should be as simple
and brief as possible.

28
 Notes for preparing Schedule of Rates

Where the time limit or other constraints do not allow the preparation of a Bill of
Quantities for the Works, a lump-sum Contract shall be adopted and a Schedule of
Rates (in place of a Bills of Quantities) shall be issued as part of the tender
documents.

The objectives of the Schedule of Rates are;

(a) to provide sufficient information on the nature of work items to be performed

to enable tenders to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a basis for the pricing of
Works executed for interim and final valuations.

In order to attain these objectives, Works should be itemized in the Schedule of

Rates in sufficient detail to distinguish between the different classes of Works, or
between Works of the same nature carried out in different locations or other
circumstances which may give rise to different considerations of cost. Consistent
with these requirements, the layout and content of Schedule of Rates should be as
simple and brief as possible.

Measurement of Work executed after every agreed stage should be done and the
quantities so obtained used alongside the rates in the schedule to arrive at interim
valuation [for each stage] and the final valuation.

29
 27

SECTION V

STANDARD FORMS

List of Standard Forms

(i) Form of Invitation for Tenders

(ii) Form of Tender

(iii) Letter of Acceptance

(iv) Form of Agreement

(v) Form of Tender Security

(vi) Performance Bank Guarantee

(vii) Performance Bond

(viii) Bank Guarantee for Advance Payment

(ix) Qualification Information

(x) Tender Questionnaire

(xi) Confidential Business Questionnaire

(xii) Details of Sub-Contractors

(xiii) Request for Review Form

30
 FORM OF INVITATION FOR TENDERS

_______________________[date]

To: _____________________________________ [name of Contractor]

_____________________________________[address]
_____________________________________
_____________________________________

Dear Sirs:

Reference:______________________________________________[Contract Name]

You have been prequalified to tender for the above project.

We hereby invite you and other prequalified tenderers to submit a tender for the execution
and completion of the above Contract.

A complete set of tender documents may be purchased by you from ____

________________________________________________________________________
[mailing address, cable/telex/facsimile numbers].

Upon payment of a non-refundable fee of Kshs __________________________

All tenders must be accompanied by ________________number of copies of the same and a

tender security in the form and amount specified in the tendering documents, and must be
delivered to
________________________________________________________________________
[address and location]

at or before _______________________(time and date). Tenders will be opened immediately

thereafter, in the presence of tenderers’ representatives who choose to attend.

Please confirm receipt of this letter immediately in writing by cable/facsimile or telex.

Yours faithfully,

_____________________________________ Authorised Signature

_____________________________________ Name and Title

31
 FORM OF TENDER
TO: __________________________[Name of Employer) ____________[Date]

__________________________[Name of Contract]

Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

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

2. We undertake, if our tender is accepted, to commence the Works as

soon as is reasonably possible after the receipt of the Employer’s Representative’s
notice to commence, and to complete the whole of the Works comprised in the
Contract within the time stated in the Appendix to Conditions of Contract.

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

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

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

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

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign tenders for and on behalf of

________________________________________[Name of Tenderer] of
_______________________________[Address of Tenderer]

Witness; Name______________________________________

Address_____________________________________

Signature___________________________________

Date_______________________________________
(Amend accordingly if provided by Insurance Company)

32
 LETTER OF ACCEPTANCE
[Letterhead paper of the Employer]

_______________________[date]

To: _______________________
[name of the Contractor]

_____________________
[address of the Contractor]

Dear Sir,

This is to notify you that your Tender dated ___________________________

for the execution of ________________________________________________
[name of the Contract and identification number, as given in the Tender documents] for the
Contract Price of Kshs. __________________________ [amount in figures][Kenya
Shillings______________________________(amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance
with the Contract documents.

Authorized Signature …………………………………………………………………

Name and Title of Signatory …………………………………………………………

Attachment : Agreement

33
 FORM OF AGREEMENT

THIS AGREEMENT, made the _________________ day of ________ 20 ______ between

________________________________________________of[or whose registered office is
situated at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered
office is situated at]_________________________________________
(hereinafter called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes

________________________________________________________________________
(name and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of the Works]and the Employer has
accepted the tender submitted by the Contractor for the execution and completion of such
Works and the remedying of any defects therein for the Contract Price of
Kshs___________________________[Amount in figures],Kenya
Shillings_____________________________________________[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and shall be read and construed
as part of this Agreement i.e.

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I

(iv) Conditions of Contract Part II and Appendix to Conditions of Contract

(v) Specifications

(vi) Drawings

(vii) Priced Bills of Quantities/Priced Schedule of Rates[whichever is applicable]

3. In consideration of the payments to be made by the Employer to

the Contractor as hereinafter mentioned, the Contractor hereby
covenants with the Employer to execute and complete the Works and remedy any
defects therein in conformity in all respects with the provisions of the Contract.

34
 32

4. The Employer 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 thereto have caused this Agreement to be executed the
day and year first before written.

The common Seal of _________________________________________________

Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________

Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

[ii] Name _______________________________________

Address_____________________________________

Signature____________________________________

35
 FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has
submitted his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)

KNOW ALL PEOPLE by these presents that WE ……………………… having our registered
office at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “the Employer”) in the sum of
Kshs.……………………… for which payment well and truly to be made to the said
Employer, the Bank binds itself, its successors and assigns by these presents sealed with
the Common Seal of the said Bank this ……………. Day of ………20…………

THE CONDITIONS of this obligation are:

1. If after tender opening the tenderer withdraws his tender during the period of
tender validity specified in the instructions to tenderers
Or

2. If the tenderer, having been notified of the acceptance of his tender by the Employer
during the period of tender validity:

(a) fails or refuses to execute the form of Agreement in accordance with the
Instructions to Tenderers, if required; or

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

We undertake to pay to the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand,
provided that in his demand the Employer will note that the amount claimed by him
is due to him, owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the
period of tender validity, and any demand in respect thereof should reach the Bank
not later than the said date.
___________________________ ______________________________
[date[ [signature of the Bank]

___________________________ ______________________________
[witness] [seal]

36
 PERFORMANCE BANK GUARANTEE
To: _________________________(Name of Employer) ___________(Date)
__________________________(Address of Employer)

Dear Sir,

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

in pursuance of Contract No. _____________ dated _________ to execute _______________
(hereinafter called “the Works”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein
as security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in
figures) Kenya Shillings__________________________________________ (amount of Guarantee
in words), and we undertake to pay you, upon your first written demand and without civil
or argument, any sum or sums within the limits of Kenya Shillings
_________________________ (amount of Guarantee in words) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change, addition or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this Guarantee, and we hereby waive notice of any change, addition, or
modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________
(Amend accordingly if provided by Insurance Company)

37
 PERFORMANCE BOND
By this Bond, We __________________________________of (or whose registered office is
situated at]______________________________________
as Principal (hereinafter called “the Contractor”) and _________________
________________________________________of[or whose registered office is situated
at]___________________________________________________________
as Surety (hereinafter called “the Surety”), are held and firmly bound unto
_________________________________________________________________________of[or
whose registered office is situated
at]___________________________________________________________________
as Obligee (hereinafter called “the Employer”) in the amount of
Kshs.______________________________[amount of Bond in figures]Kenya Shillings
____________________________________________________________
[amount of Bond in words], for the payment of which sum well and truly, the Contractor and
the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.

WHEREAS the Contractor has entered into a Contract with the Employer dated the
________________ day of ______________ 20 ________________ for the execution of
_______________________________________________________
[name of Contract] in accordance with the Contract documents, Specifications and
amendments thereto, which to the extent herein provided for, are by reference made part
hereof and are hereinafter referred to as the Contract.

NOW THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto),
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the
Contract, the Employer having performed the Employer’s obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a tender or tenders from qualified tenderers for submission to the Employer
for completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive tenderer,
arrange for a Contract between such tenderer and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.

The term “Balance of the Contract Price”, as used in this paragraph, shall mean the
total amount payable by the Employer to the Contractor under the

38
 Contract, less the amount properly paid by the Employer to the Contractor; or

(3) pay the Employer the amount required by the Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date
of issuance of the Certificate of Completion.

No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Employer named herein or the heirs, executors, administrators, successors
and assigns of the Employer.

In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and
the Surety has caused these presents to be sealed with his corporate seal duly attested by
the signature of his legal representative, this ____________________________ day of
____________________________ 20__________

SIGNED ON _________________________ SIGNED ON _____________________

On behalf of _________________________ On behalf of _____________________

[name of Contractor] [name of Surety]

By ___________________________________ By _____________________________

In the capacity of _____________________ In the capacity of ______________

In the presence of; Name _______________In the presence of; Name_________

Address_____________ Address______

_______________ _______________

Signature____________ Signature_____

Date_________________ Date__________

39
 BANK GUARANTEE FOR ADVANCE PAYMENT

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

________________________ [address of Employer]

Gentlemen,

Ref: _______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the above-mentioned

Contract, We,_______________________________________[name and Address of Contractor]
(hereinafter called “the Contractor”) shall deposit with
_______________________________[name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Contract in an amount of
Kshs._____________[amount of Guarantee in figurers] Kenya
Shillings_____________________________________[amount of Guarantee in words].

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

unconditionally and irrevocably to guarantee as primary obligator and not as Surety
merely, the payment to ___________________________[name of Employer] on his first
demand without whatsoever right of objection on our part and without his first claim to
the Contractor, in the amount not exceeding Kshs________________________[amount of
Guarantee in figures] Kenya Shillings
_____________________________________________________________[amount of Guarantee in
words], such amount to be reduced periodically by the amounts recovered by you from the
proceeds of the Contract.

We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between ________________________[name of Employer] and the
Contractor, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.

No drawing may be made by you under this guarantee until we have received notice in
writing from you that an advance payment of the amount listed above has been paid to the
Contractor pursuant to the Contract.

This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until
______________________________________________ (name of Employer) receives full
payment of the same amount from the Contract.

Yours faithfully,

40
Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________

41
 SWORN STATEMENT

a) I confirm compliance of all clauses of the General Conditions, General

Specifications and Particular Specifications in this tender.

b) I confirm I have not made and will not make any payment to any
person, who can be perceived as an inducement to win this tender.

c) I confirm that am or any of our sub-contractor(s), has not been

debarred from participating in procurement proceedings.

Signed: …………………………………….for and on behalf of the Tenderer

Date: ……………………..

Official Rubber Stamp: ……………………………………………………………

42
 QUALIFICATION INFORMATION
1. Individual Tenderers or Individual Members of Joint Ventures

1.1 Constitution or legal status of tenderer (attach copy or Incorporation

Certificate);
Place of registration: ____________________________

Principal place of business _____________________________

Power of attorney of signatory of tender ____________________

1.2 Total annual volume of construction work performed in the last five years
Year Volume

Currency Value

1.3 Work performed as Main Contractor on works of a similar nature and

volume over the last five years. Also list details of work under way or
committed, including expected completion date.

Project name Name of client Type of work Value of

and contact performed and Contract
person year of
completion
_________ ___________ __________ ________
_________ ___________ __________ ________
________ __________ __________ _______

1.4 Major items of Contractor’s Equipment proposed for carrying out the Works.
List all information requested below.

Item of Description, Condition(new, Owned, leased

Equipment Make and age good, poor) and (from whom?),
(years) number available or to be
purchased
(from whom?)
_________ ____________ ___________
_________ ____________ ___________
_________ ____________ ___________
43
 (etc.)

1.5 Qualifications and experience of key personnel proposed for administration

and execution of the Contract. Attach biographical data.

Position Name Years of Years of experience

experience in proposed
(general) position
Project Manager
__________________
___________________

(etc.)

1.6 Financial reports for the last five years: balance sheets, profit and loss
statements, auditor’s reports, etc. List below and attach copies.

_____________________________________________________________________
___________________________________________________

1.7 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List below and attach copies
of supportive documents.
____________________________________________________________
____________________________________________________________
_____________________________________________

1.8 Name, address and telephone, telex and facsimile numbers of banks that may
provide reference if contacted by the Employer.
__________________________________________________________________
____________________________________________________________

1.9 Statement of compliance with the requirements of Clause 1.2 of the

Instructions to Tenderers.
____________________________________________________________
____________________________________________________________
_____________________________________________

1.10 Proposed program (work method and schedule) for the whole of the Works.

44
 41

2 Joint Ventures

2.0 The information listed in 1.1 – 2.0 above shall be provided for each partner of
the joint venture.

2.1 The information required in 1.11 above shall be provided for the joint venture.

2.2 Attach the power of attorney of the signatory(ies) of the tender authorizing
signature of the tender on behalf of the joint venture

2.3 Attach the Agreement among all partners of the joint venture ( and which is legally
binding on all partners), which shows that:

a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;

b) one of the partners will be nominated as being in charge, authorized to incur

liabilities and receive instructions for and on behalf of any and all partners of
the joint venture; and

c) the execution of the entire Contract, including payment, shall be done

exclusively with the partner in charge.

45
 TENDER QUESTIONNAIRE

Please fill in block letters.

1. Full names of tenderer;

………………………………………………………………………………………

2. Full address of tenderer to which tender correspondence is to be sent (unless an

agent has been appointed below);

………………………………………………………………………………………

3. Telephone number (s) of tenderer;

………………………………………………………………………………………

4. Telex of tenderer;
………………………………………………………………………………………

5. Name of tenderer’s representative to be contacted on matters of the tender during

the tender period;
………………………………………………………………………………………

6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is
essential if the tenderer does not have his registered address in Kenya (name,
address, telephone, telex);

………………………………………………………………………………………

………………………………………………………………………………………

_______________________
Signature of Tenderer

Make copy and deliver to :_____________________(Name of Employer)

46
 CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or
whichever applies to your type of business.

You are advised that it is a serious offence to give false information on this Form.

Part 1 – General

Business Name ………………………………………………………………………

Location of business premises; Country/Town……………………….

Plot No……………………………………… Street/Road …………………………

Postal Address……………………………… Tel No………………………………..

Nature of Business…………………………………………………………………..

Current Trade Licencee No…………………… Expiring date…………………

Maximum value of business which you can handle at any time: K.

pound………………………..

Name of your bankers………………………………………………………………

Branch…………………………………………………………………………………

Part 2 (a) – Sole Proprietor

Your name in full…………………………………… Age…………………………

Nationality………………………………… Country of Origin…………………

Citizenship details …………………………………………………………………

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

1 ……………………………………………………………………………………
2 ……………………………………………………………………………………
3 ……………………………………………………………………………………
47
 DETAILS OF SUB-CONTRACTORS

If the Tenderer wishes to sublet any portions of the Works under any
heading, he must give below details of the sub-contractors he intends to
employ for each portion.

Failure to comply with this requirement may invalidate the tender.

(1) Portion of Works to be sublet: ………………………………

[i) Full name of Sub-contractor

and address of head office: ………………………………

………………………………

(ii) Sub-contractor’s experience

of similar works carried out
in the last 3 years with
Contract value: ………………………………

………………………………

………………………………

(2) Portion of Works to sublet: ………………………………

(i) Full name of sub-contractor

and address of head office: ………………………………

………………………………

………………………………

(ii) Sub-contractor’s experience

of similar works carried out
in the last 3 years with
contract value: ………………………………

………………………………

____________________ _______________________
[Signature of Tenderer) Date

48
 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________
_____________________
To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of
this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter
of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

49
 FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN
…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated
the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax
No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board
to review the whole/part of the above mentioned decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………

SIGNED
Board Secretary

50
 PREAMBLES AND PRICING NOTES

A. GENERALLY

All works to be carried out in accordance with Ministry of Public Works general
Specifications for Building Works issued in 1976 or as qualified or amended below

B. MANUFACTURERS’ NAME

Where manufactures’ names and catalogue reference are given for guidance to quality and
standard only. Alternative manufacturer of equal quality will be accepted at the discretion
of the project Manager

C. WALLING

All precast concrete blocks shall be manufactured by the methods and to the sizes specified
in the Ministry of Public works “Specification for Metric Sized Concrete Blocks for Building
[1972]
Walling of 100mm thickness shall be reinforced with hoop irons every alternate course
Prices for walling must allow for all costs in preparing, packing and sending sample blocks
for testing as and when required by the Project Manager

D. CARPENTRY

The grading rules for cypress shall be the same for podocarpus and all timber used for
structural works shall be select [second grade]
All structural timber must conform to the minimum requirements for moisture content and
preservative treatment and timber prices must allow for preparing, packing and sending
samples for testing when required.
Prices must also include for all nails and fasteners.

PN/1

51
 A. JOINERY

Cypress for joinery shall be second grade in accordance with the latest grading rules of the
Kenya Government
Where mahogany is specified, this refers to prime grade only. The contractor may with
approval of the Project Manager; use either Msharagi or Mvuli in lieu of Mahogany but
such approval will be given only in the case of shortages of the hardwoods specified.
Plugging shall be carried out by drilling walling or concrete with masonry drill and filling
with propriety plugs of the correct sizes. Cutting with hammer and chisel will not be
allowed.
Prices for joinery must include for pencil rounded arises, protection against damage, nails,
screws, framing and bedding in cement mortar as required.
Sizes given for joinery items are nominal sizes and exact dimensions of doors, etc, must be
ascertained on site.

B. IRONMONGERY

Ironmongery shall be specified in the Bills of Quantities or equal and approved.

Prices must include for removing and re-fixing during and after painting, labeling all keys,
and for fixing to hardwood, softwood, concrete or block work.
Catalogue references given for ironmongery are for purposes of indicating quality and size
of item(s). should the Contractor wish to substitute the specified item(s) with others of
equal manufacture, he must inform the Project Manager and obtain in approval in writing.

C. STRUCTURAL STEEL WORK

All structural steelwork shall comply with the Ministry of Public Works “structural
steelwork specification (1973) and shall be executed by an approved sub-contractor

52
 PN/2

A. PLASTERWORK AND OTHER FINISHES

All finishing shall be as described in the general specifications and in these Bills of
Quantities.
Prices for paving are to include for brushing concrete clean, wetting and coating with
cement and sand grout 1:1
Rates for glazed wall tiling are to include for a 12mm cement and sand (1:4) backing screed
unless otherwise specified in these Bills of Quantities.

B. GLAZING

Where polished plate glass is specified, this refers to general glazing quality.
Prices for glazing shall include for priming of rebates before placing putty.
The contractor will be responsible for replacing any broken or scratched glass and handing
over in perfect condition.

C. PAINTING

All paint shall be 1st quality or other and approved

Painting shall be applied in accordance with the manufactures’ instructions.
Prices for painting are to include for scaffolding, preparatory work, priming coats,
protection of other works and for cleaning up on completion. Prices for painting on
galvanized metal are to include for mordant solution as necessary

PN/3
53
ITEM DESCRIPTION KSHS

GENERAL PRELIMINARIES

A. PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES

Prices will be inserted against items of Preliminaries in the Contractor's priced

Bills of Quantities and Specification.

The Contractor shall be deemed to have included in his prices or rates for the various
items in the Bills of Quantities or Specification for all costs involved in complying with
all the requirements for the proper execution of the whole of the works in the Contract.

B. ABBREVIATIONS

Throughout these Bills, units of measurement and terms are abbreviated and shall be
interpreted as follows:-

C.M. Shall mean cubic metre

S.M. Shall mean square metre

L.M. Shall mean linear metre

MM Shall mean Millimetre

Kg. Shall mean Kilogramme

No. Shall mean Number

Prs. Shall mean Pairs

B.S. Shall mean the British Standard Specification Published by the

British Standards Institution, 2 Park Street, London W.I.,
England.

Ditto Shall mean the whole of the preceding description except as

qualified in the description in which it occurs.

m.s. Shall mean measured separately.

a.b.d Shall mean as before described.

Carried to collection
GP/01
ITEM DESCRIPTION KSHS
A. EXCEPTION TO THE STANDARD METHOD OF MEASUREMENT

54
 Attendance ; Clause B19(a) of the Standard Method of Measurement is deleted and the
following clause is substituted:-

Attendance on nominated Sub-Contractors shall be given as an item in each case shall

be deemed to include: allowing use of standing scaffolding, mess rooms, sanitary
accommodation and welfare facilities; provision of special scaffolding where necessary;
providing space for office accommodation and for storage of plant and materials;
providing light and water for their work: clearing away rubbish; unloading checking
and hoisting: providing electric power and removing and replacing duct covers, pipe
casings and the like necessary for the execution and testing of Sub- Contractors' work
and being responsible for the accuracy of the same.

Fix Only:-

"Fix Only" shall mean take delivery at nearest railway station (Unless otherwise stated),
pay all demurrage charges, load and transport to site where necessary, unload, store,
unpack, assemble as necessary, distribute to position, hoist and fix only.

B. EMPLOYER
The "Employer" is Technical University Mombasa,
The term "Employer" and "Government" wherever used in the contract document shall
be synonymous
C. EMPLOYER REPRESENTATIVE
The term "E.R." wherever used in these Bills of Quantities shall be deemed to imply the
Project Manager as defined in Condition 1 of the Conditions of Contract or such person
or persons as may be duly authorised to represent him on behalf of the Government.

D. ARCHITECT
The term "Architect" shall be deemed to mean "The E.R ." as defined above whose
address unless otherwise notified is DW/MOMBASA
P.O. Box 90350 - 80100 Mombasa

E. QUANTITY SURVEYOR
The term "Quantity Surveyor" shall be deemed to mean "The E.R." as defined above
address unless otherwise notified is DW/MOMBASA
P.O. Box 90350 - 80100 Mombasa

Carried to collection

GP/02
ITEM DESCRIPTION KSHS

A. ELECTRICAL ENGINEER

The term "Electrical Engineer" shall be deemed to mean "The E.R." as defined above
address unless otherwise notified is DW/MOMBASA
P.O. Box 90553 Mombasa

55
 B. MECHANICAL ENGINEER

The term "Mechanical Engineer" shall be deemed to mean "The E.R." as defined above
address unless otherwise notified is DW/MOMBASA
P.O. Box 90350 Mombasa

C. STRUCTURAL ENGINEER

The term "Structural Engineer" shall be deemed to mean "The E.R" as defined above
address unless otherwise notified is DW/MOMBASA
P.O. Box 90350 Mombasa

D. FORM OF CONTRACT

The Form of Contract shall be as stipulated in the Republic of Kenya's Standard Tender
Document for Procurement of Building Works(2006 Edition) included herein
The Conditions of Contract are also included herein

Conditions of Contract

These are numbered from AS ATTACHED of these tender

documents. Particulars of insertions to be made in the Appendix to the Contract
Agreement will be found in the Particular Preliminaries part of these Bills of Quantities

E. BOND.

The Contractor shall find and submit on the Form of Tender and approved bank and
who will be willing to be bound the Government in an amount equal to five
(5) per cent of the Contract amount for the due performances of the Contract
up to the date of completion as certified by the EMPLOYER REPRESENTATIVE and who will
when and if called upon, sign a Bond to that effect on the relevant standard form
included herein. (without the addition of any limitations) on the same day as the
Contract Agreement is signed, by the Government, the Contractor shall furnish within
seven days another Surety to the approval of the Government.

Carried to collection
GP/03
ITEM DESCRIPTION KSHS

A. PLANT, TOOLS AND VEHICLES

Allow for providing all scaffolding, plant, tools and vehicles required for the works
except in so far as may be stated otherwise herein and except for such items specifically
and only required for the use of nominated Sub-Contractors as described herein. No
timber used for scaffolding, formwork or temporary works of any kind shall be used
afterwards in the permanent work.

B. TRANSPORT.

Allow for transport of workmen, materials, etc., to and from the site at such hours and
by such routes as may be permitted by the competent authorities.

56
 C. MATERIALS AND WORKMANSHIP.

All materials and workmanship used in the execution of the work shall be of the best
quality and description unless otherwise stated. The Contractor shall order all materials
to be obtained from overseas immediately after the Contract is signed and shall also
order materials to be obtained from local sources as early as necessary to ensure that
they are onsite when required for use in the works. The Bills of Quantities shall not be
used for the purpose of ordering materials.

D. SIGN FOR MATERIALS SUPPLIED.

The Contractor will be required to sign a receipt for all articles and materials supplied
by the EMPLOYER REPRESENTATIVE at the time of taking deliver thereof, as having received
them in good order and condition, and will thereafter be responsible for any loss or
damage and for replacements of any such loss or damage with articles and/or materials
which will be supplied by the EMPLOYER REPRESENTATIVE at the current market prices
including Customs Duty and V.A.T., all at the Contractor's own cost and expense,
to the satisfaction of the EMPLOYER REPRESENTATIVE

E. STORAGE OF MATERIALS
The Contractor shall provide at his own risk and cost where directed on the site weather
proof lock-up sheds and make good damaged or disturbed surfaces upon completion to
the satisfaction of the EMPLOYER REPRESENTATIVE Nominated Sub-Contractors are to be
made liable for the cost of any storage accommodation provided especially for their use.

Carried to collection
GP/04
ITEM DESCRIPTION KSHS

A. SAMPLES

The Contractor shall furnish at his own cost any samples of materials or workmanship
including concrete test cubes required for the works that may be called for by the
EMPLOYER REPRESENTATIVE for his approval until such samples are approved by the
EMPLOYER REPRESENTATIVE
and the EMPLOYER REPRESENTATIVE, may reject any materials or workmanship
not in his opinion to be up to approved samples. The EMPLOYER REPRESENTATIVE shall
arrange for the testing of such materials as he may at his discretion deem desirable, but
the testing shall be made at the expense of the Contractor and not at the expense of the
EMPLOYER REPRESENTATIVE. The Contractor shall pay for the testing in accordance with the
current scale of testing charges laid down by the Ministry of Roads, Housing and Public
Works.

The procedure for submitting samples of materials for testing and the method of marking
for identification shall be as laid down by the EMPLOYER REPRESENTATIVE The Contractor
shall allow in his tender for such samples and tests except those in connection with
nominated sub-contractors' work.

57
 B. GOVERNMENT ACTS REGARDING WORK PEOPLE ETC.

Allow for complying with all Government Acts, Orders and Regulations in connection
with the employment of Labour and other matters related to the execution of the works.
In particular the Contractor's attention is drawn to the provisions of the Factory Act
1950 and his tender must include for all costs arising or resulting from compliance with
any Act, Order or Regulation relating to Insurances, pensions and holidays for
workpeople or so the safety, health and welfare of the workpeople.

The Contractor must make himself fully acquainted with current Acts and Regulations,
including Police Regulations regarding the movement, housing, security and control of
labour, labour camps , passes for transport, etc. It is most important that the
Contractor, before tendering, shall obtain from the relevant Authority the fullest
information regarding all such regulations and/or restrictions which may affect the
organisation of the works, supply and control of labour, etc., and allow accordingly in
his tender. No claim in respect of want of knowledge in this connection will be
entertained.

C. SECURITY OF WORKS ETC.

The Contractor shall be entirely responsible for the security of all the works stores,
materials, plant, personnel, etc., both his own and sub-contractors' and must provide all
necessary watching, lighting and other precautions as necessary to ensure security
against theft, loss or damage and the protection of the public.

Carried to collection

GP/05
ITEM DESCRIPTION KSHS

A. PUBLIC AND PRIVATE ROADS.

Maintain as required throughout the execution of the works and make good any
damage to public or private roads arising from or consequent upon the execution of the
works to the satisfaction of the local and other competent authority and the EMPLOYER REPRESENTATIVE

B. EXISTING PROPERTY.

The Contractor shall take every precaution to avoid damage to all existing property
including roads, cables, drains and other services and he will be held responsible for and
shall make good all such damage arising from the execution of this contract at his own
expense to the satisfaction of the EMPLOYER REPRESENTATIVE

C. VISIT SITE AND EXAMINE DRAWINGS.

The Contractor is recommended to examine the drawings and visit the site the location
of which is described in the Particular Preliminaries hereof. He shall be deemed to have
acquainted himself therewith as to its nature, position, means of access or any other
matter which, may affect his tender. No claim arising from his failure to comply with
this recommendation will be considered.

D. ACCESS TO SITE AND TEMPORARY ROADS.

Means of access to the Site shall be agreed with the EMPLOYER REPRESENTATIVE prior to
58
 commencement of the work and Contractor must allow for building any necessary
temporary access roads for the transport of the materials,
plant and workmen as may be required for the complete execution of the works including
the provision of temporary culverts, crossings, bridges, or any other means of
gaining access to the Site. Upon completion of the works, the Contractor shall remove
such temporary access roads; temporary culverts, bridges, etc., and make good and
reinstate all works and surfaces disturbed to the satisfaction of the EMPLOYER REPRESENTATIVE

E. AREA TO BE OCCUPIED BY THE CONTRACTOR

The area of the site which may be occupied by the Contractor for use of storage and for
the purpose of erecting workshops, etc., shall be defined on site by the EMPLOYER REPRESENTATIVE

Carried to collection

GP/06
ITEM DESCRIPTION KSHS

A. OFFICE ETC. FOR THE PROJECT MANAGER

The Contractor shall provide, erect and maintain where directed on site and afterwards
dismantle the site office of the type noted in the Particular Preliminaries, complete with
Furniture. He shall also provide a strong metal trunk complete with strong hasp and
staple fastening and two keys. He shall provide, erect and maintain a lock-up type water
or bucket closet for the sole use of the EMPLOYER REPRESENTATIVE including making
temporary connections to the drain where applicable to the satisfaction of Government
and Medical Officer of Health and shall provide services of cleaner and pay all conservancy
charges and keep both office and closet in a clean and sanitary condition from
commencement to the completion of the works and dismantle and make good disturbed
surfaces. The office and closet shall be completed before the Contractor is permitted
to commence the works. The Contractor shall make available on the Site as and when
required by the "EMPLOYER REPRESENTATIVE" a modern and accurate level together with
levelling staff, ranging rods and 50 metre metallic or linen tape.

B. WATER AND ELECTRICITY SUPPLY FOR THE WORKS

The Contractor shall provide at his own risk and cost all necessary water, electric light
and power required for use in the works. The Contractor must make his own
arrangements for connection to the nearest suitable water main and for metering the
water used. He must also provide temporary tanks and meters as required at his own
cost and clear away when no longer required and make good on completion to the entire
satisfaction of the EMPLOYER REPRESENTATIVE . The Contractor shall pay all charges in
connection herewith. No guarantee is given or implied that sufficient water will be
available from mains and the Contractor must make his own arrangements for
augmenting this supply at his own cost. Nominated Sub--contractors are to be made
liable for the cost of any water or electric current used and for any installation
provided especially for their own use.

C. SANITATION OF THE WORKS

The Sanitation of the works shall be arranged and maintained by the Contractor to the

59
 satisfaction of the Government and/or Local Authorities, Labour Department and the
EMPLOYER REPRESENTATIVE

D. SUPERVISION AND WORKING HOURS

The works shall be executed under the direction and to the entire satisfaction in all
respects of the EMPLOYER REPRESENTATIVE who shall at all times during normal working
hours have access to the works and to the yards and workshops of the Contractor and
sub-Contractors or other places where work is being prepared for the contract.

E. PROVISIONAL SUMS.

The term "Provisional Sum" wherever used in these Bills of Quantities shall have the
meaning stated in Section A item A7(i) of the Standard Method of Measurement
mentioned in Condition No. 16 of the conditions of Contract. Such sums are net and no
addition shall be made to them for profit.

Carried to collection
GP/07
ITEM DESCRIPTION KSHS

A. PRIME COST (OR P.C.) SUMS.

The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of Quantities
shall have the meaning stated in Section A item A7 (ii) of the Standard Method of
firms nominated by the EMPLOYER REPRESENTATIVE to execute work or to provide and fix
materials or goods as stated in Condition No. 20 of the Conditions of Contract are
described herein as Nominated Sub-Contractors.

Persons or firms so nominated to supply goods or materials are described herein as

Nominated Suppliers.

B. PROGRESS CHART.

The Contractor shall provide within two weeks of Possession of Site and in agreement
with the EMPLOYER REPRESENTATIVE a Progress Chart for the whole of the works including
the works of Nominated Sub-Contractors ; one copy to be handed to the EMPLOYER REPRESENTATIVE
and a further copy to be retained on Site. Progress to be recorded and
chart to be amended as necessary as the work proceeds.

C. ADJUSTMENT OF P.C. SUMS.

In the final account all P.C. Sums shall be deducted and the amount properly expended
upon the EMPLOYER REPRESENTATIVE'S order in respect of each of them added to the Contract
sum. The Contractor shall produce to the EMPLOYER REPRESENTATIVE such quotations,
invoices or bills, properly receipted, as may be necessary to show the actual details of the
sums paid by the Contractor. Items of profit upon P.C. Sums shall be adjusted in the
final account pro-rata to the amount paid. Items of "attendance" (as previously described)
following P.C. Sums shall be adjusted pro-rata to the physical extent of the work
executed (not pro-rata to the amount paid) and this shall apply even though the
Contractor's priced Bill shows a percentage in the rate column in respect of them.

Should the Contractor be permitted to tender and his tender be accepted of any work for
which a P.C. Sum is included in these Bill of Quantities profit and attendance will be
allowed at the same rate as it would be if the work were executed by a Nominated
Sub-Contractor.

60
 Carried to collection
GP/08
ITEM DESCRIPTION KSHS

A. ADJUSTMENT OF PROVISIONAL SUMS.

In the final account all Provisional Sums shall be deducted and the value of the work
properly executed in respect of them upon the EMPLOYER REPRESENTATIVE's order added to
the Contract Sum. Such work shall be valued as described for Variations in Conditions
No. 13of the Conditions of Contract, but should any part of the work be executed by a
Nominated Sub-Contractor, the value of such work or articles for the work to be
supplied by a Nominated Supplier, the value of such work or articles shall be treated as a
P.C. Sum and profit and attendance comparable to that contained in the priced Bills of
Quantities for similar items added.

B. NOMINATED SUB-CONTRACTORS

When any work is ordered by the EMPLOYER REPRESENTATIVE to be executed by nominated

sub-contractors, the Contractor shall enter into sub-contracts as described in Condition
No. 20 of the Conditions of Contract and shall thereafter be responsible for such
sub-contractors in every respect. Unless otherwise described the Contractor is to provide
for such Sub-Contractors any or all of the facilities described in these Preliminaries. The
Contractor should price for these with the nominated Sub-contract Contractor's work
concerned in the P.C. Sums under the description "add for Attendance".

C. DIRECT CONTRACTS

Notwithstanding the foregoing conditions, the Government reserves the right to place a
"Direct Contract" for any goods or services required in the works which are covered by a
P.C. Sum in the Bills of Quantities and to pay for the same direct. In any such
instances, profit relative to the P.C. Sum the priced Bills of Quantities will be adjusted
as described for P.C. Sums and allowed.

D. ATTENDANCE UPON OTHER TRADESMEN, ETC.

The Contractor shall allow for the attendance of trade upon trade and shall afford any
tradesmen or other persons employed for the execution of any work not included in this
Contract every facility for carrying out their work and also for use of his ordinary
scaffolding. The Contractor, however, shall not be required to erect any special
scaffolding for them. The Contractor shall perform such cutting away for and making
good after the work of such tradesmen or persons as may be ordered by the EMPLOYER REPRESENTATIVE
and the work will be measured and paid for to the extent executed at rates
provided in these Bills.

61
 Carried to collection
GP/09
ITEM DESCRIPTION KSHS

A. INSURANCE

The Contractor shall insure as required in Conditions Nos. 22 and 23 of the Conditions
of Contract. No payment on account of the work executed will be made to the
Contractor until he has satisfied the EMPLOYER REPRESENTATIVE either by production of an
Insurance Policy or and Insurance Certificate that the provision of the foregoing
Insurance Clauses have been complied with in all respects. Thereafter the EMPLOYER REPRESENTATIVE
shall from time to time ascertain that premiums are duly paid up by the
Contractor who shall if called upon to do so, produce the receipted premium renewals
for the EMPLOYER REPRESENTATIVE's inspection.

B. PROVISIONAL WORK

All work described as "Provisional" in these Bills of Quantities is subject to

remeasurement in order to ascertain the actual quantity executed for which payment will
be made. All "Provisional" and other work liable to adjustment under this Contract shall
left uncovered for a reasonable time to allow all measurements needed for such
adjustment to be taken by the EMPLOYER REPRESENTATIVE

Immediately the work is ready for measuring, the Contractor shall give notice to the
EMPLOYER REPRESENTATIVE. If the Contractor makes default in these respects he shall if the
EMPLOYER REPRESENTATIVE so directs uncover the work to enable all measurements to be
taken and afterwards reinstate at his own expense.

C. ALTERATIONS TO BILLS, PRICING, ETC.

Any unauthorized alteration or qualification made to the text of the Bills of Quantities
may cause the Tender to be disqualified and will in any case be ignored.
The Contractor shall be deemed to have made allowance in his prices generally to
cover any items against which no price has been inserted in the priced Bills of Quantities.
All items of measured work shall be priced in detail and the Tenders containing Lump
Sums to cover trades or groups of work must be broken down to show the price of
each item before they will be accepted.

D. BLASTING OPERATIONS

Blasting will only be allowed with the express permission of the EMPLOYER REPRESENTATIVE
in writing. All blasting operations shall be carried out at the Contractor's sole risk and
cost in accordance with any Government regulations in force for the time being, and any
special regulations laid down by the EMPLOYER REPRESENTATIVE governing the use and storage
of explosives.

62
 Carried to collection
GP/10
ITEM DESCRIPTION KSHS

A. MATERIALS ARISING FROM EXCAVATIONS

Materials of any kind obtained from the excavations shall be the property of the
Government. Unless the EMPLOYER REPRESENTATIVE directs otherwise such materials shall be
dealt with as provided in the Contract. Such materials shall only be used in the
works, in substitution of materials which the Contractor would otherwise have had to
supply with the written permission of the EMPLOYER REPRESENTATIVE Should such
permission be given, the Contractor shall make due allowance for the value of the
materials so used at a price to be agreed.

B. PROTECTION OF THE WORKS.

Provide protection of the whole of the works contained in the Bills of Quantities,
including casing , casing up, covering or such other means as may be necessary to avoid
damage to the satisfaction of the EMPLOYER REPRESENTATIVE and remove such protection
when no longer required and make good any damage which may nevertheless have been
done at completion free of cost to the Government.

C. REMOVAL OF RUBBISH ETC.

Removal of rubbish and debris from the Buildings and site as it accumulates and at the
completion of the works and remove all plant, scaffolding and unused materials at
completion.

D. WORKS TO BE DELIVERED UP CLEAN

Clean and flush all gutters, rainwater and waste pipes, manholes and drains, wash
(except where such treatment might cause damage) and clean all floors, sanitary fittings,
glass inside and outside and any other parts of the works and remove all marks,
blemishes, stains and defects from joinery, fittings and decorated surfaces generally,
polish door furniture and bright parts of metalwork and leave the whole of the buildings
watertight, clean, perfect and fit for occupation to the approval of the EMPLOYER REPRESENTATIVE

E. FIRM PRICE CONTRACT

Unless otherwise specifically stated in the Particular Preliminaries this is a firm price
Contract.

Carried to collection

GP/11
ITEM DESCRIPTION KSHS

A. GENERAL SPECIFICATION.

63
 For the full description of materials and workmanship, method of execution of the
work and notes for pricing, the Contractor is referred to the Ministry of Roads and
Public Works and Housing General Specification dated 1976 or any subsequent revision
thereof which is issued as a separate document, and which shall be allowed in all respects
unless it conflicts with the General Preliminaries, Trade Preambles or other items in
these Bills of Quantities.

B. TRAINING LEVY

The Contractor's attention is drawn to legal notice No. 237 of October, 1971, which
requires payment by the Contractor of a Training Levy at the rate of 1/4 % of the
Contract sum on all contracts of more than Kshs. 50,000.00 in value.

C. MATERIALS ON SITE

All materials for incorporation in the works must be stored on or adjacent to the site
before payment is effected unless specifically exempted by the EMPLOYER REPRESENTATIVE.
This includes the materials of the Main Contractor, Nominated Sub-Contractors and
Nominated Suppliers.

D. HOARDING

The Contractor shall enclose the site or part of the works under construction with a
hoarding 2400 mm high consisting of iron sheets on 100 x 50 mm timber posts firmly
secured at 1800 mm centres with two 75 x 50 mm timber rails. The Contractor is in
addition required to take all precautions necessary for the safe custody of the works,
materials, plant, public and Employer's property on the site.

E. CONTRACTOR'S SUPERINTENDENCE/SITE AGENT

The Contractor shall constantly keep on the works a literate English speaking Agent or
Representative, competent and experienced in the kind of work involved who shall give
his whole experience in the kind of work involved and shall give his whole time to the
superintendence of the works. Such Agent or Representative shall receive on behalf of
the Contractor all directions and instructions from the EMPLOYER REPRESENTATIVE and such
directions shall be deemed to have been given to the Contractor in accordance with the
Conditions of Contract.

Carried to Collection
GP/12
ITEM DESCRIPTION KSHS

COLLECTION

Brought Forward From Page GP/1

Brought Forward From Page GP/2

Brought Forward From Page GP/3

64
 Brought Forward From Page GP/4

Brought Forward From Page GP/5

Brought Forward From Page GP/6

Brought Forward From Page GP/7

Brought Forward From Page GP/8

Brought Forward From Page GP/9

Brought Forward From Page GP/10

Brought Forward From Page GP/11

Brought Forward From Page GP/12

TOTAL FOR GENERAL PRELIMINARIES CARRIED TO SUMMARY

GP/13

ITEM DESCRIPTION K.SHS

PARTICULAR PRELIMINARIES

A PRICING ITEMS OF PRELIMINARIES

Prices SHALL BE INSERTED against items of “preliminaries” in the

tenderer’s priced Bills of Quantities. The contractor is advised to read
and understand all preliminary items.

B DESCRIPTION OF THE WORKS

65
 The works to be carried out under this contract involves; Construction
works.

C FLOOR AREAS
The gross floor areas are as drawings.

D MEASUREMENTS
In the event of any discrepancies arising between the Bills of
Quantities and the actual works, the site measurements shall generally
take precedence. However, such discrepancies between any contract
documents shall immediately be referred to the EMPLOYER
REPRESENTATIVE in accordance with Clause 22 of the Conditions of
Contract. The discrepancies shall then be treated as a variation and be
dealt with in accordance with Clause 22 of the said Conditions.

E LOCATION OF SITE
The site of the proposed works is in Mabokoni, Kwale county.. The
Contractor is advised to visit the site, to familiarize with the nature
and position of the site. No claims arising from the Contractor’s failure
to do so will be entertained.

F SIGNING OF THE TENDER DOCUMENTS

The bidder shall append his / her signature and / or company‘s

rubberstamp on each and every page of tender document.

Carried to collection

PP/1

ITEM DESCRIPTION K.SHS

A DEMOLITIONS AND ALTERATIONS

The Contractor is to allow for all temporary protection required during the
works including ordinary and special dust screens, hoardings, barriers,
warning signs, etc as directed by the Project Manager and
as necessary for the adequate propping and protection of existing property,
finishes, workmen employed on the site, employer's agents and the public.
Any damage or loss incurred due to the insufficiency of such protection must
be made good by the Contractor. All protective devices are to be removed on
completion of the works and any necessary making good consequent upon
this is to be executed to the satisfaction of the Project Manager

66
 The works shall be propped, strutted and supported as necessary before any
alteration or demolition work commences. Prices shall include for all cleaning
and preparatory work to structure and finishes and for making good to all
finishes on completion whether or not specifically described.

Unless described as set aside for re-use all arising debris and surplus
materials shall be carefully removed from building and carted away from site.

The Contractor shall be entirely responsible for any breakage or damage

which may occur to materials required for re-use during their removal unless
it is certified by the Project Manager that such damage or breakage was
inevitable as a result of the condition of the item concerned

B CLEARING AWAY
The Contractor shall remove all temporary works, rubbish, debris and surplus
materials from the site as they accumulate and upon completion of the works,
remove and clear away all plant, equipment, rubbish, unused materials and
stains and leave in a clean and tidy state to the reasonable satisfaction of the
Project Manager.

The whole of the works shall be delivered up clean, complete and in perfect
condition in every respect to the satisfaction of the Project Manager.

C CLAIMS
It shall be a condition of this contract that upon it becoming reasonably
apparent to the Contractor that he has incurred losses and / or expenses due
to any of the contract conditions, or by any other reason whatsoever, he shall
present such a claim or intent to claim notice to the EMPLOYER
REPRESENTATIVE within the contract period. No claim shall be entertained
upon the expiry of the said contact period.

Carried to collection

PP/2

ITEM DESCRIPTION K.SHS

A PAYMENTS

The tenderer’s attention is drawn to the fact that the GOVERNMENT DOES
NOT MAKE ADVANCE PAYMENTS but pays for work done and materials
delivered to sit: all in accordance with Clause 23 of the Conditions of
Contract Agreement. In order to facilitate this, a list of the general
component elements for the works is given at the summary page of these
specifications and the tenderer is requested to break down his tender sum
commensurate to the said elements

67
 B PREVENTION OF ACCIDENT, DAMAGE OR LOSS

The Contractor is notified that these works are to be carried out on a

restricted site where the client is going on with other normal activities. The
Contractor is thus instructed to take reasonable care in the execution of the
works as to prevent accidents, damage or loss and disruption of activities
being carried out by the Client. The Contractor shall allow in his rates any
expense he deemed necessary by taking such care within the site.

C WORKING CONDITIONS

The Contractor shall allow in his rates for any interference that he may
encounter in the course of the works for the Client may in some cases ask
the Contractor not to proceed with the works until some activities within
the site are completed, as the facility will be operating as usual during the
course of the contract.

D SIGNBOARD
Allow for providing, erecting, maintaining throughout the course of the
Contract and afterwards clearing away a signboard as designed, specified
and approved by the Project Manager.

E LABOUR CAMPS
The Contractor shall not be allowed to house labour on site. Allow for
transporting workers to and from the site during the tenure of the contract.

F MATERIALS FROM DEMOLITIONS

Any materials arising from demolitions and not re-used shall become the
property of Employer The Contractor shall allow in his rates the cost of
transporting the demolished materials as directed.

Carried to collection

PP/3

ITEM DESCRIPTION K.SHS

A PRICING RATES

The tenderer shall include for all costs in executing the whole of the works,
including transport, replacing damaged items, fixing, all to comply with the
said Conditions of Contract.
B SECURITY

68
 The Contractor shall allow for providing adequate security for the works and
the workers in the course of execution of this contract. No claim will be
entertained from the Contractor for not maintaining adequate security for
both the works and workers.

C URGENCY OF THE WORKS

The Contractor is notified that these “works are urgent” and should be
completed within the period stated in these Particular Preliminaries.
The Contractor shall allow in his rates for any costs he/ she deems that
he/she may incur by having to complete these works within the stipulated
contract period.
D PAYMENT FOR MATERIALS ON SITE

All materials for incorporation in the works must be stored on site before
payment is effected, unless specifically exempted by the Project Manager.
This is to include materials of the Contractor, nominated sub-Contractors
and nominated suppliers.

E EXISTING SERVICES
Prior to the commencement of any work, the Contractor is to ascertain from
the relevant authority the exact position, depth and level of all existing
services in the area and he/she shall make whatever provisions may be
required by the authorities concerned for the support, maintenance and
protection of such services.
F CONTRACT COMPLETION PERIOD
The contract completion period in accordance with condition 31 of the
Conditions of contract must be adhered to.
The ‘EMPLOYER REPRESENTATIVE‘ shall strictly monitor the Contractors
progress in relation to the progress chart and should it be found necessary
the ‘EMPLOYER REPRESENTATIVE’ shall inform the Contractor in
writing that his actual performance on site is not satisfactory .In all such
cases the Contractor shall accelerate his rate of performance production
and progress by all means such as additional labour,plant, e.t.c and working
overtime all at his cost.

Carried to collection

PP/4

ITEM DESCRIPTION K.SHS

A PERFORMANCE BOND

69
 A bond of 5% of the contract sum will be required in accordance with clause
6.00 (as amended) on award of contract of the Instructions to Tenderer’s. No
payment on account for the works executed will be made to the contractor
until he has submitted the Performance Bond to the Project Manager duly
signed, sealed and stamped from an approved Bank.

B TENDER DOCUMENTS

Tender documents are as listed in Clause 2.1 of the Instruction to Tenderer’s

Page STD/8
A DELIVERY OF TENDER
Tenders and all documents in connection therewith, as specified above
must be delivered in the addressed envelope which should be properly
sealed and deposited at the offices as specified in the letter accompanying
these documents or as indicated in the advertisement.

Tenders will be opened at the time specified in the letter accompanying

these Tender Documents or as indicated in the advertisement. Tenders
delivered/received later than the above time will not be opened.

C VALUE ADDED TAX

The Contractor’s attention is drawn to the Legal Notice in the Finance Act
part 3 Section 21(b) operative from 1st September, 1993 which requires
payment of VAT on all contracts. The Contractor should therefore include
allowance in his rates and prices for prices for VAT and any other
Government taxes currently in force.

NB: VAT shall be added at the Grand Summary page

Carried to collection

PP/5

ITEM DESCRIPTION K.SHS

70
A PARTICULARS OF INSERTIONS TO BE MADE IN APPENDIX TO
CONTRACT AGREEMENT

The following are the insertions to be made in the appendix to the Contract
Agreement: -

Period of Final Measurement: 3 Months From Practical completion

Defects Liability Period: 6 Months from Practical completion

Date for Possession: To be agreed with the ‘EMPLOYER

REPRESENTATIVE

Date for Completion:16 Weeks from date of Possession

Liquidated and Ascertained: At the rate of Kshs.. 5,000… per

week or part thereof
Prime cost sums for which ……………………………………………
The Contractor desires to tender ………………………………………

Period of Interim Certificates: Monthly

Period of Honouring Certificates: 30 days

Percentage of Certified Value Retained: 10%

Limit of Retention Fund: 10%

Carried to collection 0.00

PP/6

71
ITEM DESCRIPTION K.SHS

COLLECTION

Brought forward from page PP/1

Brought forward from page PP/2

Brought forward from page PP/3

Brought forward from page PP/4

Brought forward from page PP/5

Brought forward from page PP/6

TOTAL FOR PARTICULAR PRELIMINARIES CARRIED TO

GRAND SUMMARY PAGE

PP/7

72
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
ELEMENT 01
SUBSTRUCTURES(All Provisional)
Site clearance,excavations

A Clear site of all bushes, tufts and shrubs, including

grubbing out roots and burn on site where directed 305 SM

B Excavate to reduce levels; not exceeding 200mm deep and

cart away from site to where directed 305 SM

C Excavate for foundation trenches not exceeding 1.50m

deep 52 CM

E Ditto for column bases 28 CM

F Extra over all descriptions of excavations and removal

from site for breaking up rocks; irrespective of class 20 CM

G Allow for keeping excavations free from water 1 ITEM

H Provide for planking and strutting sides of excavations 1 ITEM

I Return fill and ram 53 CM

J Cart away surplus excavated materials and rock 47 CM

HARD - CORE
K 300mm thick approved hardcore well compacted in layers 83 CM

L 50mm thick approved blinding 275 SM

M Treat surface of hardcore filing with gladiator TC or other

equal approved insectcide according to the manufacture
instructions. 275 SM

Total carried to collection

BW/1
73
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
Mass Concrete (1:3:6) in:-
A 50mm blinding under strip footing and column bases 72 SM

Vibrated reinforced concrete class 25/20

C Strip foundation 10 CM

D Columns bases 9 CM
E Columns 1 CM

F Ground beam 6 CM

G 150mm thick floor slab 288 SM

Sawn formwork to

H Sides of strip footing 33 SM

I Sides of column bases 24 SM

J Sides of columns 13 SM

K Sides of ground beam 58 SM

L Sawn form work to edges of surface bed 75 - 150mm high 82 LM

Steel reinforcement as described including cutting to

length, bending, hoisting and fixing including all
necessary tying wires and spacing blocks
Ribbed bars to KS ISO 6935 - 2:2007

M 8mm diameter bars 285 KG

N 10mm diameter bars 208 KG

O 16mm diameter bars 1218 KG

P B.R.C. Mesh reinforcement No. A142 288 SM

Total carried to collection

BW/2
74
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
FOUNDATION WALLING
A 200mm thick machine cut coral block wall bedded and
jointed in cement sand (1:3) mortar and reinforced every
alternate course with hoop iron. 87 SM

B 200mm wide Hessian based bituminous felt damp proof

course bedded in cement sand mortar 1:3 mortar
including end taps 97 LM
C 1000 gauge polythene sheet damp proof membrane
including 300 mm laps 288 SM

D 12mm thick cement sand (1:3) rendering on plinth walls 24 SM

E Prepare and apply three coats first quality Bitumastic
paint to plinth walls 24 SM

Paving Slabs
G Excavate oversite average 200mm deep and cart away
where directed 46 SM
H Excavate trench for edge wall foundation average 600mm
deep, part return fill and ram remainder cart away 28 CM
I Mass concrete (1:3:6) in strip foundation 9 CM

J 150mm thick coral block edge walling in cement sand (1:3)

mortar 31 SM
K 300mm thick approved hardcore well compacted in layers 9 CM

L Treat surface of hardcore filing with gladiator TC or other

equal approved insectcide according to the manufacture
instructions. 31 SM
M 600 x 600 x 50mm precast concrete (1:2:4) paving slabs
pointed in cement sand (1:3) mortar and laid on 50 mm
approved on sand 46 SM
Total carried to collection

Collection
Brought forward from page BW/1

Brough forward from page BW/2

Brought forward from above

TOTAL FOR SUBSTRUCTURE CARRIED TO

SUMMARY
75
 BW/3

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

ELEMENT No. 3 :-
SUPERSTRUCTURE
Vibrated reinforced concrete class 25/20 in
A Beams 11 CM
B Columns 7 CM

Sawn formwork to
C Sides and soffites of beam 132 SM
D Sides of columns 78 SM
Steel reinforcement as described including cutting to
length, bending, hoisting and fixing including all
necessary tying wires and spacing blocks

Ribbed bars to KS ISO 6935 - 2:2007

E 8mm diameter bars 415 KG

F 16mm diameter bars 1220 KG

WALLING
Coral stone walling bedded and jointed in cement and
sand (1:3) mortar with and including 20swg x 25mm
wide hoop iron in every alternate course

G 200mm thick superstructure external walling 284 SM

H 200mm thick superstructure internal walling 24 SM

I Supply and fix precast concrete louver block walling;

overall size 200 x 200 x 300mm 92 SM

Sundries
J Fair rake cutting to 200 mm gable walls 24 LM

K Fabricate and fix 100mm diameter x 1.5 mm thick CHS

steel stanchion,fixed on coral stone walling to Str. Eng's
Detail. Rate to include apply one primer coat and two coat
of gloss oil paint to general metal surfaces.
24 LM

TOTAL FOR SUBSTRUCTURE CARRIED TO

SUMMARY

76
 BW/4

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

ROOF STRUCTURE (All Provisional)

Steel work;- Supply and fix inckuding welding and

boltings to Structural Engineers Details and hoisting 8
meters above the ground level

A Supply and Fix, 50 x 50 x 4mm RHS mild steel rafter

section 231 LM

B Ditto for 40 x 40 x 3mm SHS rafter section 131 LM

C Supply and Fix, in 100 x 50 x 2mm z section purlin mild

steel section 258 LM

D Prepare and apply one primer coat and two coat of gloss
oil paint to general metal surfaces 620 LM

ROOF COVERING

E Supply and fix gauge 26 Aluzinc box profile roofing sheet

fixed with and including Nails, cups and washer on
purlins as (MRM Ltd) or any other equal and approved 343 SM

TOTAL FOR ROOFING CARRIED TO SUMMARY

77
 BW/5

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

DOORS
GALVANISED STEEL CASEMENTS

Standard steel casement door comprising 40 x 25 x 3 mm

stiles, bottom & top rail, & 4No intermediate rails all
primed with red oxide complete with hinges, stays,
fasteners, permanent vent with mosquito gauze and sheet
metal hood etc assembled and fixed to opening including
cutting and pinning lugs to concrete or blockwork
surround and bedding frame in cement and sand mortar
(1:4) (Grille and Glazing excluded )
A 2400 X 2700 mm door comprising 2 No. openable leafs
size 1200 x 2700 complete with 50 X 50 x 3 mm fixed angle
frame ; 16 gauge mild steel plate built into panels,
"Union" 3-lever steel door lock,3 X 200 mm lockable tower
bolts (Refer to architects detail) 2 NO

Panelled Hardwood Doors

B 50mm thick mvule panelled door overall size 1000 x
2700m; comprising 1No. openable leaf size 900 x 2100mm
high with 125 x 50mm stiles, middle and top rails, 200 x
50mm bottom rail and 1000 x 600mm high funlights at the
top. (Refer to architects detail) 2 NO
Timber Mvule Framework
C 150 x 50 mm frame with two labour twice rebated:
plugged with rounded edges 13 LM
D Ditto transome 2 LM
E 50 x 25mm architrave 13 LM
F 15 x 15mm quardrant beading 13 LM

IRONMONGERY
Supply and fix union 'ASSA ABSLOY' ironmongery
with matching screws or equal and approved

G 3-Lever mortice lock complete with locking furniture as

'Union'or equal 2 NO
H 100mm brass tower bolts 2 NO
I 100mm brass butt hinges 3 PRS.
J Rubber door stop fixed to floor with rawl bolt 6 NO.

78
 Carried Forward To Collection

BW/6

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

Knot prime stop and apply 3 coats of polyurethane clear

lacquer to woodwork surfaces

A General surfaces of woodwork 8 SM

B Surfaces 100 to 200mm girth 15 LM

Prepare and apply 3 coats of gloss oil paint to metal

surfaces

C General surfaces of woodwork 26 SM

WINDOWS

Heavy duty bronze anodised aluminium framed sliding

windows including all necessary iron mongery and 6mm
thick slightly tinted glass fixed with aluminium
beadings (Refer to architects detail)

D Overall size 1500 x 1800 mm 1 NO

E Overall size 1200 x 1800 mm 1 NO

F 200 x 20 mm thick wrot mahogany: prime grade window

board. 3 LM

G Approved 600 x 275 x 175mm thick precast concrete

coloured window cill bedded and jointed in cement (sand
(1:3) mortar 3 LM

Total for windows carried to summary

Collection

Brought forward from page BW/6

Brought forward from above

79
 TOTAL FOR OPENINGS CARRIED TO SUMMARY

BW/7

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

FINISHES

WALL FINISHES
External Walls
A 15mm cement and sand (1:4) render with wood float on
external walling . 332 SM

B Prepare and apply one undercoat and two finishing coats

of approved long lasting, weather proof paint to rendered
surfaces externally 424 SM

Internal Walls
C 15mm cement and sand (1:4) plaster trowelled smooth and
comprising 12mm thick backing and 3mm finishing coat. 356 SM

D Prepare and apply one undercoat and two finishing coats

of approved first grade emulsion paint to plastered
surfaces 448 SM

Pin Board Overall Size 4800 X 1200 high

E 12mm thick celotex fibre board 12 SM

F 50x25mm wrot cypress - mitred beading plugged to wall

at edges of chalk board 24 LM

G 4800x1200mm high blackboard complete with plaster

,timber beading and painting 2 NO

FLOOR FINISHES
Cement and sand (1:3) screeds, backings, beds etc
H 32mm coloured screed trowelled hard and smooth 273 SM

80
 TOTAL CARRIED TO SUMMARY

BW/8

ITEM DESCRIPTION AMOUNT

BUILDERS WORKS SUMMARY

1 SUBSTRUCTURE

2 SUPERSTRUCTURE

3 ROOFING

4 OPENINGS

5 FINISHES

81
 TOTAL AMOUNT FOR BUILDERS WORKS CARRIED
TO MAIN SUMMARY PAGE

BW/9

MECHANICAL WORKS
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
Portable fire protection equipment.
Supply delivery and installation of portable fire
protection equipment:
Carbon dioxide gas fire extinguisher
A 5kg carbon dioxide gas portable fire extinguisher
complete with pressure gauge, initial charge and 2 NO
mounting brackets
Dry chemical powder
B Automatic overhead 9kg dry chemical powder portable
extinguisher complete with initial charge and mounting 2 NO
brackets
Water/carbon dioxide gas fire extinguisher
C 9 litres water/carbon dioxide gas portable fire
extinguisher complete with pressure gauge, initial charge 2 NO
and mounting brackets

D 225mm diameter gong manual alarm bell 2 NO

E Fire signage 2 NO

F Plastic box first aid kits(fire fighting)complete with the

2 PAIR
following
(i)20 individually wrapped sterile adhesive
dressing(assorted sizes)
(ii)2 sterile eye pads.
(iii)4 individually wrapped triangular bandages
(iv)6 safety pins
(v)6 medium sized individually wrapped sterile
unmediated wound dressings(18cm x 18cm)
(vi) 1 pair of disposal gloves.

82
 TOTAL CARRIED TO GRAND SUMMARY PAGE
M/1

MECHANICAL VENTILATION

Item Description Qty Unit Rate Amount

Supply, install, test and commission the below cyclone roof

ventilation.
4 NO.
A Cyclone roof ventilation powered by wind and made of
stainless steel as manufactured by Steel Structures Ltd or
equal and approved, capable of expelling hot air humidity,
fumes or dust. It must come complete with a flat base plate for
mounting at the rooftop over sheet.

Total Cost carried to summary page

83
 M/2

ELECTRICAL WORKS

Supply , install, test and commission the following items;

A Lighting points comprising of 1.5mm2 PVC/SC copper

cables drawn in 20mm HG PVC conduits/trunking for one
way switching 30 NO

B As item (A) above but for ceiling fans 2 NO

C 5Amp switch plate as MEM or approved equivalent

I)One gang one way switch 15 NO
ii)Two gang one way switch 2 NO
III) One gang two way switch 2 NO

D 1200mm, LED fluorescent fitting complete with tubes 17 NO

E 1200mm, Twin LED fluorescent fittings installed using chains

for passage in the workshop 5 NO

F 2 X 8W fluorescent bulkhead fitting 10 NO

G 1400mm Ceiling fans as ORIENT DELUXE 2 NO

H Power points comprising of 4.0mm2 PVC/SC copper cables

drawn in 20mm diameter HG PVC conduits for 15A sockets 250 LM
outlets

J 15Amp Metal clad switched socket outlets as MEM or 14 NO

approved equivalent

K Power points comprising of 2.5mm2 PVC/SC copper cables

drawn in 20mm diameter HG PVC conduits for sockets 6 NO
outlets
L 6 NO
13Amp switched socket outlets as MEM or approved
M equivalent
14 NO
Provide points by use of 32mm diameter HG PVC conduits
for three phase welding machine to be wired later

84
 TOTAL CARRIED TO COLLECTION PAGE

E/1

A 12-way TPN Distribution board as CRABTREE or approved 2 NO

equivalent

B MCB’S as CRABTREE or approved equivalent

7 NO
a) 10A SP 14 NO
b) 30A SP
2 NO
C 16 gauge T- Loop in galvanized box

D mains comprising of 4-core 25mm2 armoured cable

From the main distribution board in the generator house to 15 LM
the workshop loop in box

E Mains comprising of 4-core 25mm2 armoured cable

From the loop in box to the Distribution boards in the 15 LM
workshop in 50 mm diameter conduit

F Main Power supply comprising of 4-core 35mm2

armoured cable from the main distribution board in the 150 LM
administration building to the generator house
2 NO
G 200A MCCB’S as MERLIN GERIN

H main distribution board comprising of 200A 4-pole copper

bus bars, Incoming main 200A MCCB, 2 No. 125A outgoing
MCCB’s measuring 600mm x 500mm x 500mm 1 NO

J Armoury glands
a) For 25mm2 4-core 5 NO
b) For 35mm2 4-core 2 NO

K Trenching, Hatari tiling and back filliing 160 LM

L Earthing of the main distribution board complete with an

inspection manhole ITEM

M Allow a sum of Kshs.200,000.00 for change over switch in

the generator house SUM

TOTAL TO COLLECTION

85
 COLLECTION PAGE

Total from page E/1

Total from above

TOTAL CARRIED TO GRAND SUMMARY PAGE

E/2

ITEM DESCRIPTION AMOUNT

PROVISIONAL SUMS

A Allow a Provisional Sum of Kenya Shilling Four Hundred thousand

400,000
for Contingencies

B Allow a provisional sum of Kshs. 200,000 for DOPW project 200,000

management team to be used as directed by the Project Manager

Total Provisional Sums Carried to Grand Summary

600,000.00

PS
86
 GRAND SUMMARY PAGE

DESCRIPTION PAGE FOR OFFIC

FOR CONTRACTOR'S USE
ONL

GRAND SUMMARY

A GENERAL PRELIMINARIES GP/13

B PARTICULAR PRELIMINARIES PP/7

C BUILDER’S WORKS BW/9

D MECHANICAL WORKS M/2

E ELECTRICAL WORKS E/2

F PROVISIONAL SUMS PS

TOTAL TENDER AMOUNT CARRIED TO

FORM OF TENDER

Amount in words [Kshs]………………………………………………………………………………………………………………………………

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

Contractor’s name ……………………………………………………………………………………………………………………………………

ADDRESS …………………………………………………………………………………………………………………………………

DATE ……………………………………………………………………………………………………………………………………………….…

SIGNATURE……………………………………………………………………………………………………………………………….…………

WITNESS NAME ………………………………………………………………………………………………………………………………....…

ADDRESS …………………………………………………………………………………………………………………………….……….

DATE ………………………………………………………………………………………………………………………………………

SIGNATURE ………………………………………………………………………………………………………………………………………

G/SUM

87
 TENDER EVALUATION CRITERIA

After tender opening, to determine responsiveness the tenders will be evaluated in 3

stages, namely:

1. Mandatory Requirements Evaluation.

2. Technical Evaluation.
3. Financial Evaluation.

DETERMINATION OF RESPONSIVENESS.

STAGE 1-MANDATORY REQUIREMENTS EVALUATION

This stage of evaluation shall involve examination of the pre-qualification conditions as set
out in the Tender Advertisement Notice or Letter of Invitation to Tender and any other
conditions stated in the bid document.

The mandatory requirements for this tender are: -

1. Proof of Business Incorporation or Registration.

2. Proof of Valid Tax Compliance.
3. Proof of having a Business Permit
4. Copy of Valid National Constructions Authority registration certificate at least
category 6 in building works (NCA-6).
5. Valid NCA annual practicing license
6. Valid tender security/ Bid bond of Ksh. 100,000.00 in form of bank guarantee from a
reputable bank or PPRA authorized insurance company located in Kenya, valid for
at least 150 days from the date of tender opening.
7. Duly filled Tender Form.
8. Filled Confidential Business Questionnaire
9. Mandatory site visit.
10. All pages must be serialized.

The employer may seek further clarification/confirmation if necessary to confirm

authenticity/compliance of any condition of the tender.

The tenderers who do not satisfy any of the above requirements shall be considered
Non-Responsive and their tenders will not be evaluated further.

EC/1

88
STAGE 2 - TECHNICAL EVALUATION
The tender document shall be examined based on the Instruction to Tenderers which states
as follows:
In accordance with clause 1.2 of Instruction to Tenderers, the tenderers will be required to
provide evidence for eligibility of the award of the tender by satisfying the employer of
their eligibility and adequacy of resources to effectively carry out the subject contract.
PARAMETER MAXIMUM POINTS
The bidders must meet the following criteria, which must be demonstrated by attaching
relevant documentary evidence
The detailed scoring plan shall be as shown in table 1 below: -
TABLE 1

Item Description Point Max. Point

Scored
i. Key Personnel (Attach evidence) 20
Director of the firm 5
o Holder of degree or diploma in relevant
Engineering field----------------------------------3
o Holder of certificate in relevant Engineering field-
--------------------------------------------2
o Holder of trade test certificate in relevant
Engineering field------------------1
o No relevant certificate -----------0
At least 1No. degree/diploma of key personnel in 5
relevant Engineering field
o With over 5 years relevant experience -------------5
o With over 3 years relevant experience --------------
3
o With under 3 years relevant experience ------------
1
At least 1No certificate holder of key personnel in 5
relevant Engineering field
o With over 5 years relevant experience ------------- 5
o With over 3 years relevant experience ---------------
3
o With under 3 years relevant experience -------------
-1
At least 2No artisan (trade test certificate in relevant 5
Engineering field)
o Artisan with over 5 years relevant experience
----------------------- 2.5
o Artisan with under 5 years relevant
experience --------------------- 2

89
 o Non skilled worker with over 10 years relevant
experience ----1
Item Description Point Max. Point
Scored
ii. Experience of the firm
iii. Contract completed in the last five (5) years (Max of 4
No. Projects) Shall attach Completion
Certificates. 20
o Project of similar nature, complexity and 2.5 time
value of the proposed contract-----------------------5
o Project of similar nature, complexity and
magnitude --------------------------------------------------
-------------3
o Project of similar nature but of lower value than the
one in consideration------------------------------------ 2 30
o No completed project of similar nature -------------- 0
iv. On-going projects (Max of 2 No. Projects) Shall attach 10
Notification of award or Contract
Agreements/LPOs.
o Project of similar nature, complexity and 2.5 time
values of proposed contract---------------------------5
o Project of similar nature but of lower value than the
one in consideration –--------------------------------------
1
o No ongoing project of similar nature - ----------------0
v. Plants and Equipment (Max No. 10)
Schedules of contractors Plant & equipment (proof or 2
evidence of ownership)
o Means of transport (Vehicle) ------------- 2
o o No means of transport ------------------ 0
N/B attach logbook copies at least 4 each ½
mk (leased or owned)
Adequacy of Equipment_____________________3 3
The proposed equipment should be able to take care of
all the activities in a construction site. For each specific
equipment required in the execution of the Work being 10
tendered for
Maximum No. of equipment to be considered –
6 No.) ----------- ½ mk each

Office and Service Facilities(must attach relevant

proof)
o Own/leased Premises______________________1 5
o Functional Workshop________________________3
o Safety Gear_________________________________1
Financial report 10 20
vi. a) Audited accounts for the last 3 years (2016,2017,2018).
One points (1) each total 3 points.
b) Capacity to have a cash flow amount of minimum
2,000,000 (Two Million equivalent working). Two
points (2)

90
 c) Average turn over Max 5points
o Average Turn over greater or equal to 2.5 times the
cost of the project --- 5
o Average Turn over greater or equal to 2 times the
cost of the project ---- 2.5
o Average Turn over greater or equal to the cost of
the project ---------------- 1
o Average Turn over below the cost of the project--- 0
Evidence of Financial Resources (cash in hand, lines of 10
credit, over draft facility etc.) (Resource documents
shall be certified by the respective banks or
Commissioner of Oaths) Cash in hand and lines of
credit:
o Of more than 30% of tender sum--------------------
-----10
o Of between 20% and 30% of tender sum-----------
----- 5
o Of between 10% and 20% of tender sum-----------
----- 2
o Below 10% of tender sum-------------------------------
----1

Vii Name, address and telephone of contractor’s 2

banks.
o Provided------------------------------------------2
o Not provided-------------------------------------0
Viii Authority to seek references from the Tenderer’s bankers 2
o Provided------------------------------------------2
o Not provided-------------------------------------0
Ix Litigation History 3
Litigation or
Nil claim history or default notice……………………….. 3
Issued with default notices/cases……………………….. 0
The bidder is expected to an affidavit on the status of its
litigation history.
X Sanctity of the tender document as in accordance with 3
clause 5 of instruction to tenderer i.e
A tenderer has submitted a document which is well
bound-(2mks), serialized and has a table of contents
(1mks).
Total 90

N/B: Only tenders with a technical score of 70% shall be considered technically
responsive hence qualify for further evaluation.
Note:
1. The minimum score to qualify for progress to the next stage shall be
70%. Applicants who will not meet this minimum score shall be
disqualified at this stage.
Technical Score shall be computed using the following formula:
St= 80% x F/100
St is the Technical scored
F is the of the bid under consideration score.
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STAGE 3 – FINANCIAL EVALUATION
The Financial score will consist of 20 points
The tender shall be evaluated using the following formula:-
Sf=100xFm/F, in which
Sf is the financial score,
Fm is the lowest price and
F is the price of the proposal under consideration.

FINANCIAL EVALUATION
The evaluation shall be in two sections
1. Preliminary examinations and
2. Tender sum Comparisons

Preliminary examinations.
The preliminary examination in the Financial Evaluation shall be in accordance with
the Instruction to Tenderers.
The parameter to be considered under this section shall be arithmetic errors.

The bid shall be checked for arithmetic errors based on the rates and the total sums
indicated in the bills of quantities.

Confirmation shall be sought in writing from the tenderers whose tender sums will be
determined to have a significant arithmetic error to their disadvantage, to confirm
whether they stand by their tender sums. The error shall be treated as per Instructions
to Tenderers. Discount if any shall be treated as an error in pursuant to Instructions to
tenderers.

Tender Sum Comparisons.

The bidders’ tender sums shall be compared and ranked from the lowest to the highest
as in the table below:

TABLE 2
Serial Tenderer Tender Sum Ranking
No.

Financial score shall be computed using the following formula:

sf= 20 x FM/F
Where:
Sf is the financial score
FM is the lowest evaluated priced responsive bid
F is the price of the bid under consideration.

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COMBINED TECHNICAL AND FINANCIAL SCORES:
S = ST x T% + SF x P%
Where
S, is the total combined scores of technical and financial scores
St is the technical Score
Sf is the financial Score
T is the weight given to the technical proposal and
P is the weight given to the financial proposal
Note T + P will be equal to 100% i.e. 80% + 20%=100%
The firm achieving the highest combined technical and financial score will
be recommended for award of this tender.

CONCLUSION
The bidder ranked with the highest combined score/Total Score shall be the most
responsive bidder. Due diligence shall be done on the most responsive bidder to
authenticate the information in the bid document. If the information is
authenticated, then the bidder shall be recommended for award of tender. If the
bidder cannot authenticate the information provided, the evaluation committee
shall do due diligence to the bidder with the second. If the bidder authenticates
the information provided, then he shall be recommended for award of tender. If
the bidder cannot authenticate the information provided the evaluation committee
shall recommend for re advertisement of the tender.

Preference where allowed in the evaluation of tenders shall not exceed 15%. Special
groups with AGPO Certificates i.e. youths, women and persons with disabilities will be
considered.

EC/2

93