TENDER NO.

KeNHA/R4/310/2024

PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI -

GORGOR (B133) ROAD
(YOUTH)

FEBRUARY, 2024

DIRECTOR, MAINTENANCE DIRECTOR GENERAL

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

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KeNHA/R4/310/2024 (REVISED) Issued by Kenya National Highways Authority
SECTION I - INVITATION FOR TENDERS 4
PART 1 – TENDERING PROCEDURES 8
SECTION II - INSTRUCTIONS TO TENDERERS 9
SECTION III - TENDER DATA SHEET 31
SECTION IV - EVALUATION AND QUALIFICATION CRITERIA 36
SECTION V - TENDERING FORMS 52
FORM ELI-1.1- TENDERER INFORMATION FORM 54
FORM ELI- 1.2- TENDERER JV INFORMATION 55
FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS 56
FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR SOURCES
58
FORM OF TENDER 59
FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING LITIGATION
AND LITIGATION HISTORY 72
FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES 73
FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE 74
FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE 75
FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER 79
FORM FIN - 3.3: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS 80
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE 81
FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE 82
FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES 83
TECHNICAL PROPOSAL 85
FORM OF TENDER-SECURING DECLARATION 105
PART 2 – WORKS REQUIREMENTS 106
SECTION VI - SPECIFICATIONS 107
SECTION VII – BILLS OF QUANTITIES 229
SECTION VIII - DRAWINGS 261
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS 276
SECTION IX - CONDITIONS OF CONTRACT PART I -GENERAL CONDITIONS 277
SECTION X - CONDITIONS OF CONTRACT PART II -CONDITIONS OF PARTICULAR
APPLICATION 279
SECTION XI - STANDARD CONTRACT FORMS 310
FORM NO. 1: NOTIFICATION OF INTENTION TO AWARD 312
FORM NO. 2: LETTER OF NOTIFICATION OF AWARD 315
FORM NO. 3: FORM OF AGREEMENT 316
FORM NO. 4 - PERFORMANCE SECURITY 317
FORM No. 5 - PERFORMANCE SECURITY OPTION 2– (Performance Bond) 318
FORM NO. 6 - ADVANCE PAYMENT SECURITY 320
FORM NO. 7: FORM RB 1 APPLICATION FOR PUBLIC PROCUREMENT
ADMINISTRATIVE REVIEW BOARD 322

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 FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM 323

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KeNHA/R4/310/2024 (REVISED) Issued by Kenya National Highways Authority
 SECTION I - INVITATION FOR TENDERS

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KeNHA/R4/310/2024 (REVISED) Issued by Kenya National Highways Authority
SECTION 1: INVITATION TO TENDER
TENDER NO. KeNHA/R4/310/2023 – PERFORMANCE BASED CONTRACT FOR
MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD
The Kenya National Highways Authority (KeNHA) is a State Corporation established under the Kenya
Roads Act, 2007, with the responsibility for the management, development, rehabilitation and
maintenance of national roads.
The Authority invites bids from eligible construction companies registered with the National
Construction Authority (NCA) in Category NCA 5, 6 or 7 for the PERFORMANCE BASED
CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD to
be funded through Road Maintenance Fuel Levy Fund (RMLF).
SCOPE OF WORK
The scope of works shall be as described in the tender document.
QUALIFICATION FOR TENDERING
Mandatory Requirements
The following MUST be submitted together with the bid;
1. Copy of Certificate of incorporation
2. Copy of Valid Annual Practising Licence with the National Construction Authority in the classes
specified above
3. Copy of Valid Tax Compliance Certificate
4. Copy of recent CR 12 form (Issued within the last Six 6 months from the Tender Opening Date).

5. Copy of Valid Registration Certificate for Access to Government Procurement Opportunities –

{AGPO) in the category of [YOUTH] as specified in the Tender Notice.
6. Bidders shall sequentially serialise all pages of each tender submitted. A Guide Note on
Serialization is outlined in the Notes below
7. A copy of PBC Certificate for at least one of the Directors.

Other Requirements
As specified in the respective tender documents covering the following: -
1. Similar previous experience where applicable.
2. Professional and Technical Personnel.
3. Current work load.
4. Eligibility

a. To enhance equity, bidders shall bid for a maximum of Two (2) Tenders, but can only be
Awarded a Maximum of One (1) Tenders, under this Tender Notice. Bidders who
participate in more than Two (2) tenders shall be disqualified.

b. Director (s) and Bidders who have been awarded Tenders in this Financial Year (1st &
2nd Quarter Tender Notice) (FY 2023-2024) are not eligible to bid for this Tender
Notice.
c. Director (s) bidding under different companies for the same tender shall be disqualified

d. Director (s) bidding under different companies should not participate in more than Two
(2) tenders
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 e. Only those bidders registered in the Category as indicated in the tender document shall bid
for the respective tenders

f. Bidders to comply with Section 157 of the Public Procurement and Asset Disposal Act,
2015 (PPADA, 2015) on participation of candidates in preference and reservations.

g. Any form of Canvassing will lead to disqualification

5. Source of indices and base values

Notes:
1. All submitted Documents may be verified from the issuing agencies, KeNHA Reserves the right
to verify all submitted documents.

2. The bidders to ensure that their rates in the bills of quantities are within the known prevailing
market rates for road works pursuant to Section 70(6) (b) of PPADA, 2015 read together with
Regulation 43(4) of the Public Procurement and Asset Disposal Regulations, 2020.

Procurement shall be based on the post qualification method and the above details will be submitted with
the priced bid.
There shall be a mandatory pre-tender site visits as specified in the detailed tender notice above and as
uploaded onto the KeNHA website.

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

NOTE:
1. Every bidder shall make their own arrangements to familiarize themselves with the site
conditions and the Road and its features.
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 2. Clarity on Serialization of Tender Documents by Prospective Bidders
Please note that all pages of the tender documents submitted by bidders shall be
sequentially serialized numerically that is; 1,2,3,4,5…etc. That is, serialization shall be
undertaken by the bidder, by doing fresh numbering on its documents. The pagination of
the tender documents as downloaded from the KeNHA website should not be used as a
means of Serialization. The bidder’s serialization should follow the same logical sequence
from the first page to the end.
Interested eligible candidates may obtain further information and inspect tender documents from the
Procurement Office, Kenya National Highways Authority, -South Rift Regional Office, Former
Provincial Public Works Building along Prison Road, Nakuru as indicated in the Tender Notice
during normal working hours.

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

Completed tender documents are to be enclosed in plain sealed envelope clearly marked with tender
name, reference number and submitted to: -

Office of the Regional Director – South Rift Region

Kenya National Highways Authority,
P. O. Box 17752-20100,
NAKURU, KENYA

Or Deposited in the Tender Box at the reception area, KeNHA South Rift Region 1st Floor, former
Provincial Public Works Building, along Prison Road, Nakuru so as to be received on or before the
Date and Time as indicated in the Tender Notice.

All interested bidders are required to continually check the Kenya National Highways Authority
website: www.kenha.co.ke for any tender addendums or clarifications that may arise before
submission date.
Tenders will be opened immediately thereafter in the presence of Tenderers/Representatives who wish to
attend at the KeNHA South Rif Regional Office Board Room.

Deputy Director, Supply Chain Management

For: DIRECTOR GENERAL

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KeNHA/R4/310/2024 (REVISED) Issued by Kenya National Highways Authority
 PART 1 – TENDERING PROCEDURES

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 SECTION II - INSTRUCTIONS TO TENDERERS

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 9

SECTION 2 - INSTRUCTIONS TO TENDERERS

A. GENERAL

1. Scope of Tender

1.1 The Procuring Entity, as indicated in the TDS, issues this tendering document for the
procurement of Works and Services as listed below for the award of a Performance-based
Road Contract. The name, identification, and number of lots (contracts) of this ITT are
specified in the TDS. The Works and Services under the Performance- based Contract will
cover the Roads indicated in the TDS and will consist of:
a) Maintenance Services or “Services” consisting of all interventions on the Roads
which are to be carried out by the contractor in order to achieve and keep the Road
performance stand defined by the Service Level included in Section VII,
Specifications for Works and Services of this tendering document, and all activities
related to the management and evaluation of the road network under contract;
b) Rehabilitation Works, when requested in the TDS for the sections of the Road(s)
indicated in the TDS, consisting of specific types of civil works described in the
Specifications;
c) Improvement Works, when requested in the TDS, consisting of a set of specific
interventions indicated in the Specifications to add new characteristics to the Roads
in response to existing or new traffic and safety or other considerations;
d) Works consisting of activities needed to reinstate the Roads and reconstruct their
structure or their right of way which has been damaged as a result of natural
phenomena with imponderable consequences, such as strong storms, flooding, and
earthquakes.

2. Interpretations

Throughout this tendering document:

The term “in writing” means communicated in written form (e.g. by mail, e-mail, and
fax, including if specified in the TDS, distributed or received through electronic-
procurement system used by the Procuring Entity) with proof of receipt;

if the context so requires, “singular” means “plural' and vice versa; and “Day” means
calendar day, unless otherwise specified as a “Business Day.” A Business Day is any day
that is a working day of the Procuring Entity. It excludes the Procuring Entity's official
public holidays.

3. Fraud and Corruption

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 10

 3.3 Unfair Competitive Advantage-Fairness and transparency in the tender process require
that the firms or their Affiliates competing for a specific assignment do not derive a
competitive advantage from having provided consulting services related to this tender. To
that end, the Procuring Entity shall indicate in the Data Sheet and make available to all
the firms together with this tender document all information that would in that respect
give such firm any unfair competitive advantage over competing firms.
3.4 Tenderers shall permit and shall cause their agents (where declared or not),
subcontractors, sub consultants, service providers, suppliers, and their personnel, to
permit the Procuring Entity to inspect all accounts, records and other documents relating
to any initial selection process, prequalification process, tender submission, proposal
submission, and contract performance (in the case of award), and to have them audited by
auditors appointed by the Procuring Entity.
4. Eligible Tenderers

4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution
subject to ITT 4.6 or any combination of such entities in the form of a joint venture (JV)
under an existing agreement or with the intent to enter into such an agreement supported
by a Form of intent. In the case of a joint venture, all members shall be jointly and
severally liable for the execution of the entire Contract in accordance with the Contract
terms. The JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the members of the JV during the Tendering
process and, in the event the JV is awarded the Contract, during contract execution.
Members of a joint venture may not also make an individual tender, be a subcontractor in
a separate tender or be part of another joint venture for the purposes of the same Tender.
The maximum number of JV members shall be specified in the TDS.

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

4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of
interest shall be disqualified. A Tenderer may be considered to have a conflict of interest
for the purpose of this Tendering process, if the Tenderer:
a) Directly or indirectly controls, is controlled by or is under common control with another
Tenderer; or
b) Receives or has received any direct or indirect subsidy from another Tenderer; or
c) Has the same legal representative as another Tenderer; or
d) Has a relationship with another Tenderer, directly or through common third parties,
that puts it in a position to influence the Tender of another Tenderer, or influence the
decisions of the Procuring Entity regarding this Tendering process; or
e) Or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the works that are the subject of the Tender; or
f) Or any of its affiliates has been hired (or is proposed to be hired) by the Procuring
Entity or Procuring Entity as Engineer for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or
directly related to consulting services for the preparation or implementation of the
project specified in the TDS ITT 2.1 that it provided or were provided by any
affiliate that directly or indirectly controls, is controlled by, or is under common
control with that firm; or
h) has a close business or family relationship with a professional staff of the Procuring Entity,

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 11

 who:
i) are directly or indirectly involved in the preparation of the tendering document
or specifications of the Contract, and/or the Tender evaluation process of such
Contract; or
ii) would be involved in the implementation or supervision of such contract unless
the conflict stemming from such relationship has been resolved in a manner
acceptable to the Procuring Entity throughout the Tendering process and
execution of the Contract.

4.4 A firm that is a Tenderer (either individually or as a JV member) shall not participate in
more than one Tender, except for permitted alternative Tenders. This includes
participation as a subcontractor in other Tenders. Such participation shall result in the
disqualification of all Tenders in which the firm is involved. A firm that is not a Tenderer
or a JV member may participate as a subcontractor in more than one Tender.

4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to
ITT 4.9. A Tenderer shall be deemed to have the nationality of a country if the Tenderer is
constituted, incorporated or registered in and operates in conformity with the provisions of
the laws of that country, as evidenced by its articles of incorporation (or equivalent
documents of constitution or association) and its registration documents, as the case
maybe. This criterion also shall apply to the determination of the nationality of proposed
subcontractors or sub-consultants for any part of the Contract including related Services.

4.6 Tenderer that has been debarred from participating in public procurement shall be
ineligible to be prequalified for a tender or be awarded a contract. The list of debarred firms
and individuals is available from the website of PPRA
[email protected].
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to
compete and be awarded a Contract(s) only if they can establish that they (i) are legally
and financially autonomous (ii) operate under commercial law, and (iii) are not under
supervision of the Procuring Entity.

4.8 Tenderer shall not be under suspension from Tendering by the Procuring Entity as the
result of the operation of a Tender-Securing or Proposal-Securing Declaration.

4.9 Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of
law or official regulations, if Kenya prohibits commercial relations with that country, or
(b) by an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, Kenya prohibits any import of
goods or contracting of works or services from that country, or any payments to any
country, person, or entity in that country.

4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract
inputs (in supplies, subcontracts and labor) from national suppliers and contractors. To
this end, a foreign tenderer shall provide in its tender documentary evidence that this
requirement is met. Foreign tenderers not meeting this criterion will be automatically
disqualified. Information required to enable the Procuring Entity determine if this
condition is met shall be provided in for this purpose is be provided in “SECTION III -
EVALUATION AND QUALIFICATION CRITERIA, Item 9”.

4.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign
tenderer, if the tenderer is not registered in Kenya or if the tenderer is registered in Kenya
and has less than 51 percent ownership by Kenyan citizens. JVs are considered as foreign
tenderers if the individual member firms are not registered in Kenya or if are registered in
Kenya and have less than 51 percent ownership by Kenyan citizens. The JV shall not

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 12

 subcontract to foreign firms more than 10 percent of the contract price, excluding
provisional sums.

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

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

4.14 A Tenderer may be considered ineligible if he/she offers goods, works and production
processes with characteristics that have been declared by the relevant national
environmental protection agency or by other competent authority as harmful to human
beings and to the environment shall not be eligible for procurement.

4.15 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by
producing a valid tax compliance or tax exemption certificate issued by the Kenya
Revenue Authority.

5. Eligible Materials, Equipment, and Services

5.1 The materials, equipment and services to be supplied under the Contract may have their
origin in any eligible country and all expenditures under the Contract will be limited to
such materials, equipment, and services. At the Procuring Entity's request, Tenderers may
be required to provide evidence of the origin of materials, equipment and services.

5.2 For purposes of ITT 5.1 above, “origin” means the place where the materials and
equipment are mined, grown, produced or manufactured, and from which the services are
provided. Materials and equipment are produced when, through manufacturing, processing,
or substantial or major assembling of components, a commercially recognized product
results that is substantially different in its basic characteristics or in purpose or utility from
its components.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 13

 B. Contents of Tendering Document

6 Sections of Tendering Document

6.1 The tendering document consists of Parts 1, 2, and 3, which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITT 10.

PART 1 - Tendering Procedures

Section I- Instructions to Tenderers (ITT) Section II-Tender Data Sheet (TDS)

Section III- Evaluation and Qualification Criteria Section IV-Tendering Forms

PART 2 - Works and Services' Requirements

Section V - Specifications

PART 3-Conditions of Contract and Contract Forms

Section VI - General Conditions of Contract
Section VII - Special Conditions of Contract Section VIII-Contract Forms

6.2 The Invitation to Tender (ITT) or the notice to the prequalified Tenderers issued by the
Procuring Entity is not part of the tendering document.

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

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

7 Site Visit

7.1 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 the Services. The costs of visiting the
Site shall be at the Tenderer's own expense.

8 Pre-Tender Meeting and a pre-arranged pretender site visit

8.1 The Procuring Entity shall specify in the TDS if a pre-tender conference will be held, when
and where. The Procuring Entity shall also specify in the TDS if a pre-arranged pretender visit
of the site of the works will be held and when. The Tenderer's designated representative is
invited to attend a pre-arranged pretender visit of the site of the works. The purpose of the
meeting will be to clarify issues and to answer questions on any matter that may be raised at
that stage.

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

8.3 Minutes of the pre-Tender meeting and the pre-arranged pretender visit of the site of the
works, if applicable, including the text of the questions asked by Tenderers and the responses
given, together with any responses prepared after the meeting, will be transmitted promptly to
all Tenderers who have acquired the Tender Documents in accordance with ITT 6.3. Minutes
shall not identify the source of the questions asked.

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 8.4 The Procuring Entity shall also promptly publish anonymized (no names) Minutes of the pre-
Tender meeting and the pre-arranged pretender visit of the site of the works at the web page
identified in the TDS. Any modification to the Tender Documents that may become necessary
as a result of the pre-Tender meeting shall be made by the Procuring Entity exclusively
through the issue of an Addendum pursuant to ITT 10 and not through the minutes of the pre-
Tender meeting. Nonattendance at the pre-Tender meeting will not be a cause for
disqualification of a Tenderer.
9 Clarification of Tender Documents

9.1 A Tenderer requiring any clarification of the Tender Document shall contact the Procuring
Entity in writing at the Procuring Entity's address specified in the TDS or raise its enquiries
during the pre-Tender meeting and the pre-arranged pretender visit of the site of the works if
provided for in accordance with ITT 8.4. The Procuring Entity will respond in writing to any
request for clarification, provided that such request is received no later than the period
specified in the TDS prior to the deadline for submission of tenders. The Procuring Entity
shall forward copies of its response to all tenderers who have acquired the Tender Documents
in accordance with ITT 6.3, including a description of the inquiry but without identifying its
source. If so specified in the TDS, the Procuring Entity shall also promptly publish its
response at the web page identified in the TDS. Should the clarification result in changes to
the essential elements of the Tender Documents, the Procuring Entity shall amend the Tender
Documents appropriately following the procedure under ITT 10.

10 Amendment of Tendering Document

10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend
the Tendering document by issuing addenda.

10.2 Any addendum issued shall be part of the tendering document and shall be communicated in
writing to all who have obtained the tendering document from the Procuring Entity in
accordance with ITT 6.3. The Procuring Entity shall also promptly publish the addendum on
the Procuring Entity's website in accordance with ITT 8.4.

10.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their Tenders, the Procuring Entity shall extend, as necessary, the deadline for
submission of Tenders, in accordance with ITT 24.2 below.
C. Preparation of Tenders

11 Cost of Tendering

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

12 Language of Tender

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

13 Documents Comprising the Tender

13.1 The Tender shall comprise the following:

a Form of Tender prepared in accordance with ITT 14;
b Schedules, including priced Bills of Quantities completed in accordance with ITT 14 and ITT 16;

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 c Tender Security or Tender-Securing Declaration, in accordance with ITT 21.1;
d Alternative Tender, if permissible, in accordance with ITT 15;
e Authorization: written confirmation authorizing the signatory of the Tender to commit the
Tenderer, in accordance with ITT 22.3;
f Qualifications: documentary evidence in accordance with ITT 19 establishing the
Tenderer's qualifications, or continued qualified status, as the case may be, to perform the
Contract if its Tender is accepted;
g Conformity: a technical proposal in accordance with ITT 18;
h Any other document required in the TDS.
13.2 In addition to the requirements under ITT 13.1, Tenders submitted by a JV shall include a
copy of the Joint Venture Agreement entered into by all members. Alternatively, a Form of
Intent to execute a Joint Venture Agreement in the event of a successful Tender shall be signed
by all members and submitted with the Tender, together with a copy of the proposed
agreement.

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

14 Form of Tender, and Schedules

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

15 Alternative Tenders

15.1 Unless otherwise indicated in the TDS, alternative Tenders shall not be considered.

15.2 When alternative times for reaching the required Service Levels or for the completion of
Rehabilitation or Improvement Works are explicitly invited, a statement to that effect will be
included in the TDS, as will the method of evaluating different times for completion.
15.3 Except as provided under ITT 15.4 below, Tenderers wishing to offer technical alternatives to
the requirements of the tendering document must first price the Procuring Entity's design as
described in the tendering document and shall further provide all information necessary for a
complete evaluation of the alternative by the Procuring Entity, including drawings, design
calculations, technical specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical alternatives, if any, of the Tenderer
with the Best Evaluated Tender conforming to the basic technical requirements shall be
considered by the Procuring Entity.

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

16 Tender Prices and Discounts

16.1 The prices and discounts quoted by the Tenderer in the Form of Tender and in the Bills of
Quantities shall conform to the requirements specified below.

16.2 The Tenderer shall fill in rates and prices for all items of the Works and Services described in
the Bills of Quantities. Items against which no rate or price is entered by the Tenderer will not
be paid for by the Procuring Entity when executed and shall be deemed covered by the rates

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 for other items and prices in the Bills of Quantities and will not be paid for separately by the
Procuring Entity. An item not listed in the priced Bill of Quantities shall be assumed to be not
included in the Tender, and provided that the Tender is determined substantially responsive
notwithstanding this omission, the average price of the item quoted by substantially
responsive Tenderers will be added to the Tender price and the equivalent total cost of the
Tender so determined will be used for price comparison.

16.3 The price to be quoted in the Form of Tender, in accordance with ITT 14.1, shall be the total
price of the Tender, excluding any discounts offered.

16.4 The Tenderer shall quote any discounts and the methodology for their application in the Form
of Tender, in accordance with ITT 16.1.
16.5 Unless otherwise provided in the TDS and the Contract, the rates and prices quoted by the
Tenderer are subject to adjustment during the performance of the Contract in accordance with
the provisions of the Conditions of Contract. In such a case, the Tenderer shall furnish the
indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data
and the Procuring Entity may require the Tenderer to justify its proposed indices and
weightings.
16.6 If so indicated in ITT 1.1, Tenders are being invited for individual lots (contracts) or for any
combination of lots (packages). Tenderers wishing to offer any price reduction for the award
of more than one Contract shall specify in their tender the price reductions applicable to each
package, or alternatively, to individual Contracts within the package. Discounts shall be
submitted in accordance with ITT 14.4, provided the Tenders for all lots (contracts) are
submitted and opened at the same time.

16.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any
other cause, as of the date 28 days prior to the deadline for submission of Tenders, shall be
included in the rates and prices and the total Tender Price submitted by the Tenderer.

17 Currencies of Tender and Payment

17.1 The currency (ies) of the Tender and the currency (ies) of payments shall be the same and
shall be as specified in the TDS.

17.2 Tenderers may be required by the Procuring Entity to justify, to the Procuring Entity's
satisfaction, their foreign currency requirements, and to substantiate that the amounts shown
in the Summary of Payment Currency Schedule, in which case a detailed breakdown of the
foreign currency requirements shall be provided by Tenderers.

18 Documents Comprising the Technical Proposal

18.1 The Tenderer shall furnish a technical proposal (if so required) including a statement of work
methods, equipment, personnel, schedule and any other information as stipulated in Section
IV, Tendering Forms, in sufficient detail to demonstrate the adequacy of the Tenderers'
proposal to meet the work and services' requirements and the completion time.

19 Documents Establishing the Qualifications of the Tenderer

19.1 To establish Tenderer's eligibility in accordance with ITT 4, Tenderers shall complete the
Form of Tender, included in Section IV, Tendering Forms.
19.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish its
qualifications to perform the Contract the Tenderer shall provide the information requested in
the corresponding information sheets included in Section IV, Tendering Forms.

19.3 If a margin of preference applies as specified in accordance with ITT 36.1, domestic
Tenderers, individually or in joint ventures, applying for eligibility for domestic preference
shall supply all information required to satisfy the criteria for eligibility specified in

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 accordance with ITT 36.1.
19.4 Tenderers shall be asked to provide, as part of the data for qualification, such information,
including details of ownership, as shall be required to determine whether, according to the
classification established by the Procuring Entity, a particular contractor or group of
contractors qualifies for a margin of preference. Further the information will enable the
Procuring Entity identify any actual or potential conflict of interest in relation to the
procurement and/or contract management processes, or a possibility of collusion between
tenderers, and thereby help to prevent any corrupt influence in relation to the procurement
process or contract management.
19.5 The purpose of the information described in ITT 19.4 above overrides any claims to
confidentiality which a tenderer may have. There can be no circumstances in which it would
be justified for a tenderer to keep information relating to its ownership and control confidential
where it is tendering to undertake public sector work and receive public sector funds. Thus,
confidentiality will not be accepted by the Procuring Entity as a justification for a Tenderer's
failure to disclose, or failure to provide required information on its ownership and control.
19.6 The Tenderer shall provide further documentary proof, information or authorizations that the
Procuring Entity may request in relation to ownership and control which information on any
changes to the information which was provided by the tenderer under ITT 19.4. The
obligations to require this information shall continue for the duration of the procurement
process and contract performance and after completion of the contract, if any change to the
information previously provided may reveal a conflict of interest in relation to the award or
management of the contract.
19.7 All information provided by the tenderer pursuant to these requirements must be complete,
current and accurate as at the date of provision to the Procuring Entity. In submitting the
information required pursuant to these requirements, the Tenderer shall warrant that the
information submitted is complete, current and accurate as at the date of submission to the
Procuring Entity.
19.8 If a tenderer fails to submit the information required by these requirements, its tenderer will be
rejected. Similarly, if the Procuring Entity is unable, after taking reasonable steps, to verify to
a reasonable degree the information submitted by a tenderer pursuant to these requirements,
then the tender will be rejected.
19.9 If information submitted by a tenderer pursuant to these requirements, or obtained by the
Procuring Entity (whether through its own enquiries, through notification by the public or
otherwise), shows any conflict of interest which could materially and improperly benefit the
tenderer in relation to the procurement or contract management process, then:
i) If the procurement process is still ongoing, the tenderer will be disqualified from the
procurement process,
ii) If the contract has been awarded to that tenderer, the contract award will be set aside,
iii) the tenderer will be referred to the relevant law enforcement authorities for investigation
of whether the tenderer or any other persons have committed any criminal offence.

19.10 If a tenderer submits information pursuant to these requirements that is incomplete, inaccurate
or out-of-date, or attempts to obstruct the verification process, then the consequences ITT 19.9
will ensue unless the tenderer can show to the reasonable satisfaction of the Procuring Entity
that any such act was not material, or was due to genuine error which was not attributable to
the intentional act, negligence or recklessness of the tenderer.

20 Period of Validity of Tenders

20.1 Tenders shall remain valid for the period specified in the TDS. The Tender Validity period
starts from the date fixed for the Tender submission deadline (as prescribed by the Procuring
Entity in accordance with ITT 24). A Tender valid for a shorter period shall be rejected by the

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 Procuring Entity as non-responsive.

20.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the
Procuring Entity may request Tenderers to extend the period of validity of their Tenders. The
request and the responses shall be made in writing. If a Tender Security is requested in
accordance with ITT 21, it shall also be extended for thirty (30) days beyond the deadline of
the extended validity period. A Tenderer may refuse the request without forfeiting its Tender
Security. A Tenderer granting the request shall not be required or permitted to modify its
Tender, except as provided in ITT 26.3.

21 Tender Security

21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a
Tender Security as specified in the TDS, in original form and, in the case of a Tender security,
in the amount and currency specified in the TDS.

21.1 A Tender-Securing Declaration shall use the form included in Section IV, Tendering Forms.

21.2 The Tender Security shall be a demand guarantee at the Tenderer's option, in any of the following
forms:
a cash;
i. a bank guarantee;
ii. a guarantee by an insurance company registered and licensed by the Insurance
Regulatory Authority listed by the Authority; or
iii. a guarantee issued by a financial institution approved and licensed by the Central
Bank of Kenya, from a reputable source, and an eligible country.
iv. Other forms of Security as specified in the TDS.

21.3 If the unconditional guarantee is issued by a non-bank financial institution located outside
Kenya, the issuing non-bank financial institution shall have a correspondent financial
institution located in Kenya to make it enforceable unless the Procuring Entity has agreed in
writing, prior to Tender submission, that a correspondent financial institution is not required.
In the case of a bank guarantee, the Tender Security shall be submitted either using the Tender
Security Form included in Section IV, Tendering Forms, or in another substantially similar
format approved by the Procuring Entity prior to Tender submission. The Tender Security
shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond
any period of extension if requested under ITT 24.2.

21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 21.1, any
Tender not accompanied by a substantially responsive Tender Security or Tender-Securing
Declaration shall be rejected by the Procuring Entity as non-responsive.

21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful
Tenderers shall be returned as promptly as possible upon the successful Tenderer's signing the
Contract and furnishing the Performance Security. The Procuring Entity shall also promptly
return the tender security to the tenderers where the procurement proceedings are terminated,
all tenders were determined non responsive or a bidder declines to extend tender validity
period.

21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once
the successful Tenderer has signed the Contract and furnished the required Performance
Security.

21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
a if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Form of Tender or any extension thereto provided by the Tenderer; or

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 b if the successful Tenderer fails to:
i. sign the Contract in accordance with ITT 48; or
ii. furnish a performance security.

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

21.9 The Tender Security or the Tender Securing Declaration of a JV shall be in the name of the JV
that submits the Tender. If the JV has not been legally constituted at the time of Tendering, the
Tender Security or the Tender- Securing Declaration shall be in the names of all future
members as named in the Form of intent referred to in ITT 4.1 and ITT 13.2.

22 Format and Signing of Tender

22.1 The Tenderer shall prepare one original of the documents comprising the Tender as described
in ITT 13and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in accordance
with ITT 15, shall be clearly marked “ALTERNATIVE.” In addition, the Tenderer shall
submit copies of the Tender, in the number specified in the TDS and clearly mark them
“COPY.” In the event of any discrepancy between the original and the copies, the original
shall prevail.

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

22.3 The original and all copies of the Tender shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Tenderer. This authorization shall
consist of a written confirmation as specified in the TDS and shall be attached to the Tender.
The name and position held by each person signing the authorization must be typed or printed
below the signature. All pages of the Tender where entries or amendments have been made
shall be signed or initialed by the person signing the Tender.
22.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the
JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized representatives.

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

D. Submission and Opening of Tenders

23 Sealing and Marking of Tenders

23.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use an
envelope, package or container. The Tenderer shall deliver the Tender in a single sealed
envelope, or in a single sealed package, or in a single sealed container bearing the name and
Reference number of the Tender, addressed to the Procuring Entity and a warning not to open
before the time and date for Tender opening date. Within the single envelope, package or
container, the Tenderer shall place the following separate, sealed envelopes:
a. in an envelope or package or container marked “ORIGINAL”, all documents comprising
the Tender, as described in ITT 13; and
b. in an envelope or package or container marked “COPIES”, all required copies of the Tender;
and
c. if alternative Tenders are permitted in accordance with ITT 15, and if relevant:
i. in an envelope or package or container marked “ORIGINAL - ALTERNATIVE

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 TENDER”, the alternative Tender; and
ii. in the envelope or package or container marked “COPIES-ALTERNATIVE
TENDER”, all required copies of the alternative Tender.

23.2 The inner envelopes or packages or containers shall:

a Bear the name and address of the Procuring Entity.
b Bear the name and address of the Tenderer; and
c Bear the name and Reference number of the Tender.
23.3 Where a tender package or container cannot fit in the tender box, the procuring entity shall:
a Specify in the TDS where such documents should be received.
b Maintain a record of tenders received and issue acknowledgement receipt note to each
tenderer specifying time and date of receipt.
c Ensure all tenders received are handed over to the tender opening committee for opening
at the specified opening place and time.

23.4 If all envelopes are not sealed and marked as required, the Procuring Entity will assume no
responsibility for the misplacement or premature opening of the Tender. Tenders that are
misplaced or opened prematurely will not be accepted.

24 Deadline for Submission of Tenders

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

21.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders
by amending the tendering document in accordance with ITT 10, in which case all rights and
obligations of the Procuring Entity and Tenderers previously subject to the deadline shall
thereafter be subject to the deadline as extended.

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

26 Withdrawal, Substitution, and Modification of Tenders

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

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

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

27 Tender Opening

27.1 Except in the cases specified in ITT 23 and ITT 24.2, the Procuring Entity shall publicly open
and read out in accordance with this ITT all Tenders received by the deadline, at the date, time
and place specified in the TDS, in the presence of Tenderers' designated representatives and
anyone who chooses to attend. Any specific electronic Tender opening procedures required if
electronic tendering is permitted in accordance with ITT 22.1, shall be as specified in the
TDS.

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

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

27.4 Next, Envelopes marked “MODIFICATION” shall be opened and read out with the
corresponding Tender. No Tender modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request the modification and is read out at
Tender opening.

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

27.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender
opening shall be considered further. The Form of Tender and the Bill of Quantities are to be
initialed by representatives of the Procuring Entity attending Tender opening in the manner
specified in the TDS.

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

27.8 The Procuring Entity shall prepare a record of the Tender opening that shall include, as a minimum:
i. The name of the Tenderer and whether there is a withdrawal, substitution, or modification;
ii. The Tender Price, per lot (contract) if applicable, including any discounts;
iii. Any alternative Tenders;
iv. The presence or absence of a Tender Security, if one was required.
v. Number of pages of each tender document submitted

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 22

 E. Evaluation and Comparison of Tenders

28 Confidentiality

29.0 Information relating to the evaluation of Tenders and recommendation of contract award shall
not be disclosed to Tenderers or any other persons not officially concerned with such process
until information on Intention to Award the Contract is transmitted to all Tenderers in
accordance with ITT 43.
29.1 Any effort by a Tenderer to influence the Procuring Entity in the evaluation of the Tenders or
Contract award decisions may result in the rejection of its Tender.

29.2 Notwithstanding ITT 28.2, from the time of Tender opening to the time of Contract award, if
any Tenderer wishes to contact the Procuring Entity on any matter related to the Tendering
process, it may do so in writing.

29 Clarification of Tenders

29.1 To assist in the examination, evaluation, and comparison of the Tenders, and qualification of
the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a clarification
of its Tender. Any clarification submitted by a Tenderer that is not in response to a request by
the Procuring Entity shall not be considered. The Procuring Entity's request for clarification
and the response shall be in writing. No change in the prices or substance of the Tender shall
be sought, offered, or permitted, except to confirm the correction of arithmetic errors
discovered by the Procuring Entity in the evaluation of the Tenders, in accordance with ITT
33.

29.2 If a Tenderer does not provide clarifications of its Tender by the date and time set in the
Contracting Agency's request for clarification, its Tender may be rejected.

30 Deviations, Reservations, and Omissions

30.1 During the evaluation of Tenders, the following definitions apply:

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

31 Determination of Responsiveness

31.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the

contents of the Tender itself, as defined in ITT 13.

31.2 A substantially responsive Tender is one that meets the requirements of the tendering
document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
a. If accepted, would:
i. Affect in any substantial way the scope, quality, or performance of the Works
specified in the Contract; or
ii. Limit in any substantial way, in consistent with the tendering document, the
Procuring Entity's rights or the Tenderer's obligations under the proposed Contract;
or
b. if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.
31.3 The Procuring Entity shall examine the technical aspects of the Tender submitted in

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 accordance with ITT18, Technical Proposal, in particular, to confirm that all requirements of
Section VII, Specifications for Works and Services have been met without any material
deviation, reservation or omission.

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

32 Non-material non-conformities

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

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

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

33 Correction of Arithmetical Errors

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

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

33.3 Tenderers shall be notified of any error detected in their bid during the notification of award.

34 Conversion to Single Currency

34.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted
into a single currency which is Kenya Shillings. The source of the exchange rates shall be the
Central Bank of Kenya.

35 Nominated Subcontractors

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

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 35.2 Tenderers may propose subcontracting up to the percentage of total value of contracts or the
volume of works as specified in the TDS. Subcontractors proposed by the Tenderer shall be
fully qualified for their parts of the Works.
35.1 The subcontractor's qualifications shall not be used by the Tenderer to qualify for the Works
unless their specialized parts of the Works were previously designated so by the Procuring
Entity in the TDS as can be met by subcontractors referred to here after as 'Specialized
Subcontractors', in which case, the qualifications of the Specialized Subcontractors proposed
by the Tenderer may be added to the qualifications of the Tenderer.

36 Margin of Preference and Reservations

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

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

36.3 Contracts procured on basis of international competitive tendering shall not be subject to
reservations exclusive to specific groups as provided in ITT 36.5.

36.4 An individual firm is considered a Kenyan tenderer for purposes of the margin of preference if
it is registered in Kenya, has more than 51 percent ownership by nationals of Kenya, and if it
does not subcontract more than 10 percent of the contract price, excluding provisional sums,
to foreign contractors. JVs are considered as Kenyan Tenderer and eligible for domestic
preference only if the individual member firms are registered in Kenya or have more than 51
percent ownership by nationals of Kenya, and the JV shall be registered in Kenya. The JV
shall not subcontract more than 10 percent of the contract price, excluding provisional sums,
to foreign firms.

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

37 Evaluation of Tenders

37.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section
III, Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall
be permitted. By applying the criteria and methodologies the Procuring Entity shall determine
the Best Evaluated Tender in accordance with ITT 39.

37.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a Price adjustment due to discounts offered in accordance with ITT 16.4;
b Price adjustment due to quantifiable non-material non-conformities in accordance with ITT 32.3;
c converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT 34; and
d any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.

37.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied
over the period of execution of the Contract, shall not be considered in tender evaluation.

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 37.4 In the case of multiple contracts or lots, Tenderers are allowed to tender for one or more lots
and the methodology to determine the lowest evaluated cost of the lot (contract) and for
combinations, including any discounts offered in the Form of Tender, is specified in Section
III, Evaluation and Qualification Criteria.

37.5 The price of the Rehabilitation and Improvement Works included in each Tender shall not be
higher than the threshold indicated in the TDS. If the Tenderer estimates that its costs for the
Rehabilitation and Improvement Works are higher than the threshold indicated in the TDS, it
shall include the portion above the threshold in its price for the Maintenance Services. If the
Tender price in the Best Evaluated Tender is above the threshold indicated in the TDS for the
Rehabilitation and Improvement Works, the Procuring Entity may reject the Tender.

38 Comparison of Tenders

38.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders
in accordance with ITT 34.2 to determine the Tender that has the lowest evaluated cost.
38.2 After application of the criteria established in ITT 37.1 to ITT 37.5, the Evaluated Tender
Price for comparison of Tenders will be:
a The lump-sum price offered by the Tenderer for the Maintenance Services; plus
b The lump-sum price offered by the Tenderer for the Rehabilitation Works, if the tendering
document requires prices for this type of works; plus
c the total price of the priced Bill of Quantities for the Improvement Works, if the tendering
document requires prices for this type of works; plus
d the total price of the priced Bill of Quantities for the Emergency Works.

39 Abnormally Low Tenders

39.1 An Abnormally Low Tender is one where the Tender price, in combination with other
constituent elements of the Tender, appears unreasonably low to the extent that the Tender
price raises material concerns as to the capability of the Tenderer to perform the Contract for
the offered Tender price.

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

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

40 Abnormally High Tenders

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

40.2 In case of an abnormally high tender price, the Procuring Entity shall make a survey of the
market prices, check if the estimated cost of the contract is correct and review the Tender
Documents to check if the specifications, scope of work and conditions of contract are
contributory to the abnormally high tenders. The Procuring Entity may also seek written
clarification from the tenderer on the reason for the high tender price. The Procuring Entity
shall proceed as follows:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 26

 i) If the tender price is abnormally high based on wrong estimated cost of the contract, the
Procuring Entity may accept or not accept the tender depending on the Procuring Entity's
budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the
abnormally high tender prices, the Procuring Entity shall reject all tenders and may
retender for the contract based on revised estimates, specifications, scope of work and
conditions of contract, as the case may be.

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

41 Unbalanced Tenders or Front Loaded

41.1 If the Tender that is evaluated as the lowest evaluated cost is, in the Procuring Entity's
opinion, seriously unbalanced or front loaded the Procuring Entity may require the Tenderer
to provide written clarifications. Clarifications may include detailed price analyses to
demonstrate the consistency of the Tender prices with the scope of works, proposed
methodology, schedule and any other requirements of the tendering document.

41.2 After the evaluation of the information and detailed price analyses presented by the Tenderer,
the Procuring Entity may as appropriate:
a) Accept the Tender; or
b) Require that the amount of the Performance Security be increased at the expense of the
Tenderer to a level not exceeding 20% of the Contract price; or
c) Reject the Tender.

42 Qualification of the Tenderer

42.1 The Procuring Entity shall determine to its satisfaction whether the Tenderer that is selected as
having submitted the lowest evaluated cost and substantially responsive Tender meets the
qualifying criteria specified in Section III, Evaluation and Qualification Criteria or, if
prequalification has taken place, continues to be eligible and continues to meet the qualifying
criteria.
42.2 The determination shall be based upon an examination of the documentary evidence of the
Tenderer's qualifications submitted by the Tenderer, pursuant to ITT 19.2. The determination
shall not take into consideration the qualifications of other firms such as the Tenderer's
subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors,
if permitted in TDS when prequalification has not taken place) or any other firm(s) different
from the Tenderer.

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

43 Lowest Evaluated Tender

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 27

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

44.1 The Procuring Entity reserves the right to accept or reject any Tender, and to annul the
Tendering process and reject all Tenders at any time prior to contract award, without thereby
incurring any liability to Tenderers. In case of annulment, all Tenderers shall be notified with
reasons and all Tenders submitted and specifically, Tender securities, shall be promptly
returned to the Tenderers.

45 Notice of Intention to enter in to a Contract

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

46 Standstill Period

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

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

47.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred
to in ITT 43, an unsuccessful tenderer may make a written request to the Procuring Entity for
a debriefing on specific issues or concerns regarding their tender. The Procuring Entity shall
provide the debriefing within five days of receipt of the request.

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

F. Contract Negotiations and Award of Contract

48 Negotiations

48.1 Before signature of contract, the procuring Entity may conduct negotiations with the best
evaluated tenderer. The negotiations will be held at the date and address indicated in the TDS
with the Tender's Representatives who must have written power of attorney to negotiate a
Contract on behalf of the Tenderer.

48.2 The Procuring Entity shall prepare minutes of negotiations that are signed by the Procuring
Entity and the Tender's authorized representative.

48.3 The negotiations include discussions of the Schedule of Requirements, the proposed

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 28

 methodology, the Procuring Entity's inputs, the Special Conditions of the Contract, and
finalizing the “Works and Services' Requirements” part of the Contract. These discussions
shall not substantially alter the original scope of services or the terms of the contract, lest the
quality of the final product, its price, or the relevance of the initial evaluation be affected.

48.4 The financial negotiations include the clarification of the tax liability in Kenya and how it
should be reflected in the Contract. If the selection method included cost as a factor in the
evaluation, the total price stated in the Financial Proposal for a Lump-Sum contract shall not
be negotiated. The Procuring Entity may ask for clarifications and, if the costs are very high,
ask to change the rates.

48.5 The negotiations are concluded with a review of the finalized draft Contract, which then shall
be initialed by the Procuring Entity and the Tender's authorized representative. If the
negotiations fail, the Procuring Entity shall inform the Tender in writing of all pending issues
and disagreements and provide a final opportunity to the Tenderer to respond. If disagreement
persists, the Procuring Entity shall terminate the negotiations informing the Tenderer of the
reasons for doing so. The Procuring Entity will invite the next-ranked Tenderer to negotiate a
Contract. Once the Procuring Entity commences negotiations with the next-ranked Tenderer,
the Procuring Entity shall not reopen the earlier negotiations.

49 Letter of Award

49.1 Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period
specified in ITT 44.1, upon addressing a complaint that has been filed within the Standstill
Period, the Procuring Entity shall transmit the Letter of Award to the successful Tenderer. The
letter of award shall request the successful tenderer to furnish the Performance Security within
21 days of the date of the letter.

50 Signing of Contract

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

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

50.3 The written contract shall be entered into within the period specified in the notification of
award and before expiry of the tender validity period
51 Performance Security

51.1 Within twenty-one (21) days of the receipt of the Letter of Award from the Procuring Entity,
the successful Tenderer shall furnish the Performance Security and if required in the TDS,
using for that purpose the Performance Security Forms included in Section VIII, Contract
Forms, or another form acceptable to the Procuring Entity. If the Performance Security
furnished by the successful Tenderer is in the form of a bond, it shall be issued by a bonding
or insurance company that has been verified by the successful Tenderer to be acceptable to the
Procuring Entity. A foreign institution providing a bond shall have a correspondent financial
institution located in Kenya, unless the Procuring Entity has agreed in writing that a
correspondent financial institution is not required.

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

52 Publication of Procurement Contract

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 29

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

53 Procurement Related Complaints

53.1 The procedures for making a Procurement-related Complaint are as specified in the TDS.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 30

 SECTION III - TENDER DATA SHEET

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 31

SECTION 3 - TENDER DATA SHEET

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

A. General
The reference number of the Invitation to Tender is:KeNHA/R4/312/2023
The Procuring Entity is: Kenya National Highways Authority (KeNHA)
The name of the ITT is:Not Applicable
The number and identification of lots (contracts) comprising this ITT T is:
Not Applicable
The Roads are: 1. KCC (Sotik)-Ndanai-Gorgor (B133) Road

Rehabilitation Works are required.

The sections of the Road(s) subject to Rehabilitation Works are:
1. KCC (Sotik)-Ndanai-Gorgor (B133) Road

Improvement Works are required.

ITT 4.1 Maximum number of members in the JV shall be: N/A

4.10 Citizen contractors are encouraged to source locally manufactured

items/materials and locally assembled machines, equipment, vehicles, labour
etc.

ITT4.11 The Tenderer will require to register with whose contact addressed are:
Not Applicable

B. Contents of Tender Document

ITT 8.1 There shall be mandatory pre-tender site visits as specified in the tender notice.

ITT 8.2 The Tenderer will submit any questions in writing, to reach the Procuring Entity

not later than 7 days to the submission date

ITT 8.4 The Procuring Entity's website where Minutes of the pre-Tender meeting and
the pre-arranged pretender will be published is www.kenha.co.ke_

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 32

 ITT9.1 For Clarification of Tender purposes, for obtaining further information and for
purchasing tender documents, the Procuring Entity's address is:
As indicated in the tender notice

C. Preparation of Tenders
ITP 13.1 (h) The Tenderer shall submit the following additional documents in its
Tender: As indicated in the Qualification Criteria

ITT 15 [The following provision should be included and the required corresponding
information inserted only if alternative Tenders will be considered. Otherwise
omit.}
Alternative Tenders shall not be permitted.
ITT 15.2 Alternative times for reaching the required Service Levels and for the
completion of the Rehabilitation and/or Improvement Works will not be
permitted.

ITT 15.4 Alternative technical solutions for the Rehabilitation and/or Improvement
Works shall be permitted for the following parts of the Works: Not Applicable

ITT 16.5 The Tenderer is required to furnish the indices and weightings for the price
adjustment formulae in the Schedule of Adjustment Data.

ITT 17.1 The currency(ies) of the Tender and the payment currency(ies) shall be in
Kenya Shillings

ITT 20.1 The Tender validity period shall be 140days from the specified date of
opening as indicated in the invitation to Tender

ITT 32.3 (a) The Tender price shall be adjusted by the following factor(s): Not Applicable
[The local currency portion of the Contract price shall be adjusted by a
factor reflecting local inflation during the period of extension, and the
foreign currency portion of the Contract price shall be adjusted by a factor
reflecting the international inflation (in the country of the foreign currency)
during the period of extension.]
ITT 21.1 A Tender Security of the amount specified in the Appendix to form of Bid
shall be required.

ITT 21.2 (iv) Other types of acceptable securities: Not Applicable

ITT 21.7 [The following provision should be included and the required corresponding
information inserted only if a Tender Security is not required under provision ITT
21.7 and the Procuring Entity wishes to declare the Tenderer ineligible for a period
of time should the Tenderer perform any of the actions mentioned in provision ITT

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 33

 21. 7 (a) or (b), Otherwise omit.]
If the Tenderer performs any of the actions prescribed in ITT 21.7 (a) or (b), the
Procuring Entity will declare the Tenderer ineligible to be awarded contracts by
the Procuring Entity for a period of _ two (2) years.
ITT 22.1 In addition to the original of the Tender, the number of copies is: NONE

ITT 22.3 The written confirmation of authorization to sign on behalf of the Tenderer
shall consist of: _ Certificate of Independent Tender Determination Part B of
Form of Tender

D. Submission and Opening of Tenders

ITT 24.1 (A) For Tender submission purposes only, the Procuring Entity's address is:
As indicated in the Invitation to Tender

Tenders shall not be submitted electronically.

ITT 27.1 The Tender opening shall take place at: As indicated in the invitation to Tender

The electronic Tender opening procedures shall be: Not applicable

ITT 27.6 The Form of Tender and summary page of the priced Bills of Quantities
shall be initialled by representatives of the Procuring Entity attending
Tender opening.
If initialization is required, it shall be conducted as follows:
• By all members of the Tender opening committee
• Form of Bid and Summary page of the BOQs

E. Evaluation and Comparison of Tenders

ITT 32.3 The adjustment shall be based on average price of the item or component as
quoted in other substantially responsive Tenders. If the price of the item or
component cannot be derived from the price of other substantially responsive
Tenders, the Procuring Entity shall use its best estimate.

ITT 35.1 The Procuring Entity does not intend to execute any specific elements
of the Works by subcontractors selected/nominated by the Procuring
Entity.
ITT 35.2 The maximum volume of works that can be subcontracted is 40% of the total
contract price.
ITT 35.3 The sub contractor's qualifications shall not be used by the Tenderer to
qualify for the Works.
ITT 36.2 A margin of domestic preference shall apply. [If a margin of preference
applies, the application methodology shall be defined in the Evaluation
and Qualification Criteria]

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 34

 ITT 37.2 (a) The Tender price shall be adjusted by the following factor(s): Not
Applicable
ITT 37.2 (d) Additional requirements apply. These are detailed in the evaluation criteria in
the Evaluation and Qualification Criteria.

ITT 37.5 The combined price for the Rehabilitation and Improvement Works may
not exceed the following threshold:
NOT APPLICABLE %of the total contract price excluding provisional
sums
ITT 39 Abnormally low Tenders shall be treated as per the procedure outlined in
Section IV, Evaluation and Qualification Criteria
ITT 40 Abnormally high Tenders shall be treated as per the procedure outlined in
Section IV, Evaluation and Qualification Criteria
ITT 41 Unbalanced or Front loaded Tenders shall be treated as per the procedure
outlined in Section IV, Evaluation and Qualification Criteria
ITT42.2 Where prequalification has not taken place, the Procuring Entity shall not
permit that specific experience for parts of the Works and Service may be
met by Specialized Subcontractors.
ITT 48.1 Contract negotiations with the best evaluated tenderer will be held at:
(Not Applicable)

ITT 53.1 The procedures for making a Procurement-related Complaint are available
from the PPRA website [email protected] or complaints @ppra.go.ke. If a
Tenderer wishes to make a Procurement-related Complaint, the Tenderer
should submit its complaint following these procedures, in writing (by the
quickest means available, that is either by hand delivery or email to:
For the attention: Director General
Procuring Entity: Kenya National Highways Authority (KeNHA)
Email address: [email protected]
In summary, a Procurement-related Complaint may challenge any of the
following:
(i) the terms of the Tender Documents; and
(ii) the Procuring Entity's decision to award the contract.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 35

 SECTION IV - EVALUATION AND QUALIFICATION CRITERIA

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 36

SECTION IV - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions

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

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

Evaluation and contract award Criteria

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

2. Preliminary examination for Determination of Responsiveness

The Procuring Entity will start by examining all tenders to ensure they meet in all respects the
eligibility criteria and other requirements in the ITT, and that the tender is complete and
meets all the requirements of “Part 2 – Works and Services 'Requirements”, including
checking for tenders with unacceptable errors, abnormally low tenders, abnormally high
tenders and tenders that are front loaded. The Standard Tender Evaluation Report Document
for Goods and Works for evaluating Tenders provides very clear guide on how to deal with
review of these requirements. Tenders that do not pass the Preliminary Examination will be
considered irresponsive and will not be considered further.

[The Procuring Entity will provide the preliminary evaluation criteria. To facilitate, a
template may be attached or clearly described all information and list of documentation to be
submitted by Tenderers to enable preliminary evaluation of the Tender]

3. Assessment of adequacy of Technical Proposal with Requirements (if Applicable)

The Procuring Entity will evaluate the Technical Proposals of all irresponsive tenders using
the following criteria, sub-criteria, and point system for the evaluation of the Technical
Proposals:
i) History of non-performance
ii) Financial capability
iii) General and specific experience
iv) Key personnel
v) Contractors Plant and Equipment
vi) Adequacy and quality of the proposed methodology, and work plan in responding to the

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 37

 schedule of Requirements:

Total points for the five criteria: 100points. The minimum technical score (St) required to pass is:

75points.

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

4. Tender Evaluation (ITT 35)

Price evaluation: in addition to the criteria listed in ITT 35.2 (a) – (d) the following criteria shall
apply:
i) Alternative Completion Times, if permitted under ITT 13.2, will be evaluated as follows:
…………NA….......
ii) Alternative Technical Solutions for specified parts of the Works, if permitted under ITT
13.4, will be evaluated as follows:
…………………NA………………................................................................……
iii) Other Criteria; if permitted under ITT 35.2 (e): …………………….
NA.......................................................…

5. Multiple Contracts

Multiple contracts will be permitted in accordance with ITT 35.4. Tenderers are evaluated on
basis of Lots and the lowest evaluated tenderer identified for each Lot. The Procuring Entity
will select one Option of the two Options listed below for award of Contracts.

OPTION 1
i) If a tenderer wins only one Lot, the tenderer will be awarded a contract for that Lot,
provided the tenderer meets the Eligibility and Qualification Criteria for that Lot.
ii) If a tenderer wins more than one Lot, the tender will be awarded contracts for all won
Lots, provided the tenderer meets the aggregate Eligibility and Qualification Criteria for
all the Lots. The tenderer will be awarded the combination of Lots for which the tenderer
qualifies and the others will be considered for award to second lowest the tenderers.

OPTION 2

The Procuring Entity will consider all possible combinations of won Lots [contract(s)] and
determine the combinations with the lowest evaluated price. Tenders will then be awarded to
the Tenderer or Tenderers in the combinations provided the tenderer meets the aggregate
Eligibility and Qualification Criteria for all the won Lots.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 38

 6. Alternative Tenders (ITT 13.1)

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

The Procuring Entity shall consider Tenders offered for alternatives as specified in Part 2–
Works and Services' requirements. Only the technical alternatives, if any, of the Tenderer
with the Best Evaluated Tender conforming to the basic technical requirements shall be
considered by the Procuring Entity.

7. Margin of Preference

7.1 If the TDS so specifies, the Procuring Entity will grant a margin of preference of fifteen
percent (15%) to be loaded one valuated price of the foreign tenderers, where the percentage
of shareholding of Kenyan citizens is less than fifty-one percent (51%).

7.2 Contractors applying for such preference shall be asked to provide, as part of the data for
qualification, such information, including details of ownership, as shall be required to
determine whether, according to the classification established by the Procuring Entity, a
particular contractor or group of contractors qualifies for a margin of preference.
7.3 After Tenders have been received and reviewed by the Procuring Entity, responsive Tenders
shall be assessed to ascertain their percentage of shareholding of Kenyan citizens.
Responsive tenders shall be classified into the following groups:
i) Group A: tenders offered by Kenyan Contractors and other Tenderers where Kenyan
citizens hold shares of over fifty one percent (51%).
ii) Group B: tenders offered by foreign Contractors and other Tenderers where Kenyan
citizens hold shares of less than fifty one percent (51%).

7.4 All evaluated tenders in each group shall, as a first evaluation step, be compared to determine
the lowest tender, and the lowest evaluated tender in each group shall be further compared
with each other. If, as a result of this comparison, a tender from Group A is the lowest, it shall
be selected for the award. If a tender from Group B is the lowest, an amount equal to the
percentage indicated in Item 3.1 of the respective tender price, including unconditional
discounts and excluding provisional sums and the cost of day works, if any, shall be added to
the evaluated price offered in each tender from Group B. All tenders shall then be compared
using new prices with added prices to Group B and the lowest evaluated tender from Group
A. If the tender from Group A is still the lowest tender, it shall be selected for award. If not,
the lowest evaluated tender from Group B based on the first evaluation price shall be
selected.

8. Post qualification and Contract ward (ITT 39), more specifically

a) In case the tender was subject to post-qualification, the contract shall be awarded to the
lowest evaluated tenderer, subject to confirmation of prequalification data, if so
required.

b) In case the tender was not subject to post-qualification, the tender that has been
determined to be the lowest evaluated tenderer shall be considered for contract award.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 39

QUALIFICATION CRITERIA

For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
A. PRELIMINARY EVALUATION
Nationality in accordance Forms ELI - 1.1, 1.2 and 1.3,
1. Nationality
with ITT 4.10 with attachments
Goods,
To have their origin in
equipment and
any country that is not
2. services to be Forms ELI - 1.4
determined ineligible
supplied under
under ITT 5.1
the contract
Conflict of No conflicts of interest in
3. Form of Tender
Interest accordance with ITT 4.3
Not having been declared
PPRA
4. ineligible by the PPRA as Form of Tender - Form SD 1
Eligibility
described in ITT 4.6
State- owned Forms ELI - 1.1 and 1.2, with
5. Meets conditions of ITT 4.7
Enterprise attachments
Appendix to Form properly filled & Appendix to Form of Bid in the
6.
Form of Bid signed Prescribed Format
Suspension
Based on
Not under suspension
Execution of
based on-execution of a
Tender/Proposa To be confirmed from Internal
7. Tender/Proposal Securing
l Securing records by the procuring entity
Declaration pursuant to
Declaration by
ITT 4.8.
the Procuring
Entity
Tender's financial position
and prospective long-term
profitability still sound
according to criteria
Pending
8. established in 3.1 and Form CON - 1
Litigation
assuming that all pending
litigation will NOT be
resolved against the
Tenderer.
No consistent history of
court/arbitral award
Litigation
9. decisions against the Form CON - 1
History
Tenderer for the last three (3)
years.
Bidders shall declare
Declaration of
they are not guilty of
Fair
any serious violation of
10. employment Form CON - 2
fair employment laws
laws and
and practices and will be
practices
bound to abide by the

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 40

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
industry CBA at
minimum
-Attend Pre-Tender Site Visits as
per TDS, ITT 8.1
- Bidders to sign attendance
register
Certificate of - Certificate must be signed by
11. Tenderer’s Visit the Employer’s representative Form CON - 3
to Site - Bidders to send technical
persons for the Site Visit- Min
Qualifications – Diploma in
Civil Engineering
- Tender Tender Securing Declaration a) Form in the Prescribed
12.
Security Form Format
- Fill all rates, prices and
amounts,
- NO Alterations of the
Priced Bill of Quantities accepted, Bills of Quantity in the Prescribed
13.
Quantities - All bidders own Corrections Format
must be Countersigned
NO ERRORS noted in the Bills
of Quantities
Annual Proof of registration
Practicing with the National
License with the Construction Authority Copy of Current NCA Practicing
14.
National in Class 5, 6 or 7 as License
Construction Roads/Bridges
Authority Contractor
Has produced a current tax
clearance certificate or tax
Tax Obligations exemption certificate
issued by the Kenya Provide Valid Tax Compliance
15. for Kenyan
Revenue Authority in Certificate
Tenderers
accordance with ITT 4.15.

Bidders Bidding for

PBC Tenders, at least
one of the Directors of
the bidding company
MUST have been
trained in Performance
Based Road
16. PBC Certificate Maintenance as a Copy of PBC Certificate
Contractor (PBC) by
Kenya Institute of
Highways and Building
Technology (KIHBT) or
any other Accredited
Institution Registered in
Kenya
17. Serialization of Bidders shall The Serialization MUST be

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 41

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
the Bid sequentially serialize all numerically sequential starting
pages of each tender from Numeric 1.
submitted.

Any written Pages or

document attached or
inserted Documents
MUST be sequentially
serialized.
The person or persons
signing the bid shall
initial all pages of the All pages with entries (Typed or
bid where entries have hand written) must be initialed.
been made.
Any alterations made in the
Bidders shall own all tender document must be
Completeness of alterations made to the countersigned.
18.
tender document tender document.
All relevant Forms/
Bidders shall duly fill Schedules shall be duly filled
all relevant including it being signed,
forms/schedules dated, and stamped
provided for in the
document that
requires entries
Bidder to fill Schedule H: Basic
Proposed Duly filled and signed
19. Prices for Materials and Labour
Weightings Schedule H
Bidder shall provide
current (at least 30 days Bidder to fill Schedule G: Part
before tender opening) I. Schedule of Materials: Basic
Rates proof of cost of materials Prices
20.
Derivation e.g. Proforma Part II. Schedule of rates
invoices/quotation (cement derivation
bitumen etc.)
B. TECHNICAL EVALUATION
Non-performance of a
contract did not occur
as a result of contractor Form CON-1
default for the last three
If a bidder fails to disclose,
(3) years.
shall be disqualified
History of Non-performance shall
Non- Reference to be made to
be deemed to have 10 Marks
1.
Performing procuring Authority’s records
occurred by evidence
Contracts of: A bidder (Company and/or
Director(s)) with any history
• Termination of non-performance losses 10
Letter marks
• Liquidated
Damages

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 42

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)

2. Financial (i) Bidders shall provide Form FIN - 3.1, with

Capabilities audited balance sheets attachments 10 Marks
or, if not required by the Attachments include:
laws of the Tenderer's
country, other financial i. Audited accounts
statements acceptable to All pages must be initialed 1 Mark
the Procuring Entity, for and stamped by both a
the last 3 years shall be practicing Auditor
submitted and must registered with ICPAK and
demonstrate the current one of the Directors.
soundness of the Auditor’s practicing
Tenderer's financial membership number from
position and indicate its ICPAK must be indicated
prospective long-term and a valid practicing
profitability (as license shall be provided.
demonstrated by
Financial Evaluation
ratios). The Financial ratio Form
to be signed by the Auditor
registered with ICPAK and
one of the Directors
• Financial Ratios
Computation shall be made
for the following Ratios and 4 Marks
marks awarded to each of
the ratios:
-Working Capital
- Debt to Equity Ratio
- Current ratio
- Operating Cash Flow ratio

• Line of Credit
• Bank statements
Etc.
4 Marks

(ii) The Tenderer shall

demonstrate that it has
access to, or has
available, liquid assets,
unencumbered real assets,
lines of credit, and other

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 43

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
financial means
(independent of any
contractual advance
payment) sufficient to
meet the construction
cash flow requirements
estimated at a minimum
of 10% of the Bid Price
for the subject contract(s)
net of the Tenderer's
other commitments.
The Tenderers shall also
demonstrate, to the
satisfaction of the
Procuring Entity, that it
has adequate sources of
finance to meet the cash
flow requirements on
works currently in
progress and for future
contract commitments.

Minimum average annual

construction turnover of
Kenya Shillings 100
Million (One Hundred
Average Million), equivalent
Form FIN - 3.2
Annual calculated as total certified
3. payments received for Attachments include Financial 1 Marks
Construction
Turnover contracts in progress Statements
and/or completed within
the last 3-year years,
divided by 3 years

Form FIN - 3.4

Value of outstanding works
Ongoing If the outstanding Works is more 2marks
4. shall not be more than the
Works than the Bid Price of this bid,
Bid Price
the bidder loses
Experience under
construction contracts in
the role of prime
Form EXP -4.1 3 Marks
contractor, JV member,
General (1 Mark for each
sub-contractor, or Attach Letters of Award and
5. Construction General
management contractor, Completion Certificates
Experience Construction
substantially completed in
the last [5 years] prior to project)
the applications
submission deadline.
6. Specific Participation in Form EXP 4.2(a)&(b)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 44

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
Constructio contract (s) of a similar 10 Marks
n &Contract nature with minimum Provide Letters of Award and
Managemen cumulative value of Completion Certificates
t Experience KSh. 150 Million (One For subcontracted works, the
Hundred and Fifty bidder should provide the
Million) as filled in following;
Form EXP 4.2(a) that
have been satisfactorily • Award letter of the main
and substantially contractor
completed by the
bidder, as a prime • Award letter of the
subcontract.
contractor, joint
venture member, • Completion letter of the
management contractor subcontract.
or sub-contractor in the
last [5 years] prior to • Subcontract approval from the
the applications Engineer/supervision
submission deadline. Authority
The similarity shall be
based on the physical
size, complexity,
methods/technology or
other characteristics

Curriculum Vitae (CVs) of

the Proposed Key Staff must
be presented in the provided
Contractor's
format and duly signed by the
Representative
proposed individual. Schedule F (Form PER. 1 and
7. and Key 10 Marks
Personnel Copies of certificates and PER. 2)
Annual Practicing Licenses
(for Engineers) and
Academic Certificates for all
staff is mandatory;

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 45

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)

PBC Certificate from

KIHBIT or other recognized 1
Certification institution

Current EBK License 2

Site Agent / Qualifications Degree 2
Road in Civil/
Manager Highway
Engineering
Above 5 years 2
Experience
0-5 years 0

Qualifications Degree 2
in Civil/
HND 2
Highway
Foreman Engineering Diploma 2
Above 5 years 1
Experience
0-5 years 0

• Bidders shall declare

they have
possession/Ownership
of various equipment as
proposed to be used in
the Project by providing
Logbooks that
demonstrate proof of
ownership
Contractors key
8.
equipment • For Bidders planning to Schedule D of Technical Proposal 35 Marks
hire, they shall provide
an Active Lease
Agreement in Place that
can be used during the
Project Life. The copy
of logbooks of the
lessor(s) shall also be
provided.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 46

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)

Main Scope of Quantity Marks (Score)

Main
Works of this (No) Hired/
Equipment
Tender (Minimum) Owned leased
Paver 1 15 5
Bitumen
1 10 5
distributor
Pneumatic
9. 1 3 1.5
Bituminous Works Roller
(AC/DBM/Surfacing/ Drum roller
Overlay) (Minimum 1 3 1.5
10 Tons)
Tippers
(Cumulative
2 4 2
Capacity 28
Tons)
Total 35 15

a) Technical approach and

methodology
• Provide a detailed Work 3 Marks
Methodology
a) Procedure on
execution of
activities as outlined
in the BoQs
b) Allocation of
machinery/labour in
Adequacy and quality execution the
Proposed of the proposed activities
10. methodology
methodology c) Procedures in quality
control of the
activities described in
BoQs
• Provide a Methodology on
safety during the 2 Marks
construction period
a) Personal protective
equipment
b) Signages
c) Delineation of
construction and

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 47

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
passage of traffic
d) Passage of traffic at
night
• Provide a specific 2 Marks
Quality management
plan that covers the
following:
1. Scope Management
2. Time Management
3. Material Quality
Management
4. Financial
Management
5. Risk Management
6. Health & Safety
Management
7. Environmental
Management
8. Communication
Management
9. Procurement
Management
10. Human Resource
Management
11. Stakeholder
Management
b) Work plan/ Program of
Works (PoW)
• PoW Resourced with 4 Marks
Equipment-Min. allocation
pursuant to the Schedule E of
Technical Proposal - – To be
submitted in A3 Size Paper
well legible Fonts 2 Marks
• PoW captures Monthly
outputs for each activity 2 Marks
• PoW details BoQ Quantities,
Units and Rates
• PoW is superimposed with 2 Marks
Cashflow Projections as
detailed in Schedule A of the
technical proposal

c) Site Organization and

3 Marks
staffing (Schedule B of
Technical proposal)

11. Knowledge Transfer of knowledge a) Relevance of training program

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 48

 For
Procuring
Ite Document To be
Qualification Entity's Use
m Qualification Requirement Completed/provided by
Subject (Qualificatio
No. Tenderer
n met or Not
Met)
Transfer [When (training) program (relevance [Not Applicable]
transfer of of approach and methodology b) Training approach and
knowledge is a
methodology [Not Applicable]
particularly
important c) Qualifications of experts and
component of trainers [Not Applicable]
the assignment,
the following
sub- criteria
may be
provided]

Tenderers who score less than the required pass (75%) will be automatically disqualified. Tenderers who pass
the technical evaluation will be evaluated further.
C. FINANCIAL EVALUATION:
The lowest evaluated bidder shall be subjected to Financial Evaluation which include but not limited to
sensitivity analysis of the rates to detect abnormally low bids or abnormally high bids or unbalanced
tenders or front loaded.

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

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

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

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

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

c. Determination: The Procuring Entity fully documents the decision to accept or reject the Bid and
executes appropriate action(s)/recommendation(s) including but not limited to enhancement of the
performance security.

In view of the above, the procuring Entity shall evaluate and analyze the Bidders’ submissions against the
known prevailing market rates and cost estimation guidelines. The analysis of the bidder’s justification shall
take into account all evidence provided.
Accordingly, the Procuring Entity’s relevant committee shall make a recommendation to the Accounting
Officer.

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 49

Appendix to Qualification Criteria

POINT
ITEM DESCRIPTION SCORE
SCALE
HISTORY OF NON-PERFORMANCE Max 10
1
History of Non-Performance 0 or 10
FINANCIAL CAPACITY Max 10
Audited Statements 0-1
2 Computation of Financial Ratios 0-4
Working capital to be at least 10% of the Bid Price 0-4
Turnover 0-1
EXPERIENCE Max 22
General Experience 0-3
3
Specific experience in related works 0-10
Workload Analysis 0-2
KEY PERSONNEL Max 10
PBC Certificate from
KIHBIT or other recognized 1
Certification institution
Site Agent / Road Current EBK License 2
Manager Qualification in Civil/ 2
Degree
Highway Engineering
4
Above 5 years 2
Relevant experience
0-5 years 0
Degree 2
Qualifications in Civil/
HND 2
Highway Engineering
Foreman Diploma 2
Above 5 years 1
Experience
0-5 years 0
PLANT AND EQUIPMENT Max 35
Owned (Max 35marks) 0-35
5 Relevant Equipment (As Detailed
in Schedule D)
100% Leased (Max 15 marks) 0-15

6 PROGRAM OF WORKS AND WORK METHODOLOGY Max 13

Provided a detailed Work Methodology 0-3
Provided a Methodology on safety during the
6a Work Methodology 0-2
construction period
Provided a specific Quality management plan 0-2

PoW Resourced with Equipment-Min. allocation

pursuant to the Schedule E of Technical Proposal - – 0-2
To be submitted in A3 Size Paper well legible Fonts
6b Program of Works
PoW captures Monthly outputs for each activity 0-1

PoW details BoQ Quantities, Units and Rates 0-1

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 50

 POINT
ITEM DESCRIPTION SCORE
SCALE
PoW is superimposed with Cashflow Projections as
0-1
detailed in Schedule A of the technical proposal
Organization and staffing (Schedule B of Technical proposal)
7 0-1
Equivalent of Site Base facilities
MAX
TOTAL
100

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 51

SECTION V - TENDERING FORMS

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 52

SECTION V - TENDERING FORMS
1. TENDERER’S QUALIFICATION FORMS
Form ELI-1.1- Tenderer Information Form
Form ELI- 1.2- Tenderer JV information
Form ELI - 1.3- Qualification of Foreign Contractors
Form ELI - 1.4- Declarations of materials, equipment and labor sources
2. FORM OF TENDER
A. TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE
B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
C. SELF-DECLARATION FORMS
FORM SD1
FORM SD2
FORM SD3
APPENDIX TO FORM OF TENDER
3. CONTRACTUAL FORMS
FORM CON – 1
FORM CON – 2
FORM CON – 3
4. FINANCIAL FORMS
FORM FIN- 3 .1
FORM FIN- 3.2
FORM FIN- 3.3
5. TECHNICAL EXPERIENCE
FORM EXP - 4.1
FORM EXP - 4.2 (A)
FORM EXP - 4.2 (B)
6. TECHNICAL PROPOSAL
SCHEDULE A. Projected Cash Flow
SCHEDULE B. Site Organizations
SCHEDULE C. Subcontractors
SCHEDULE D. Contractor's Equipment
SCHEDULE E. Initial Tentative Program of Performance
SCHEDULE F. Key Personnel Proposed
FORM PER -1
FORM PER -2
SCHEDULE G. Schedule of Materials; -Basic Prices

7. FORM OF TENDER SECURITY - DEMAND GUARANTEE

8. FORM OF TENDER SECURITY (TENDER BOND)
9. FORM OF TENDER-SECURING DECLARATION

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 53

TENDERER’S QUALIFICATION FORMS
FORM ELI-1.1- TENDERER INFORMATION FORM
Form ELI-1.1
Tenderer Information Form
Date:

Tender No.

Tender title:

Tenderer’s name: …………………..

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

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

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

Tenderer’s authorized representative information

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

I. Certificate of Incorporation and CR12 of the legal entity named above, in accordance with ITT 4.1.

II. Copies of National Identification documents for Directors

In case of a JV, Form of intent to form JV or JV agreement, in accordance with ITT 4.1.
In case of a state-owned enterprise or institution, in accordance with ITT 4.7. documents establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that tenderer is not under the supervision of the Procuring Entity,

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 54

FORM ELI- 1.2- TENDERER JV INFORMATION

Tenderer's JV Information Form

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

Date:

Tender No.

Tender title:

Tenderer’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ________________________________

Address: _______________________________

Telephone/Fax numbers:___________________

E-mail address:___________________________

1. Attached are copies of original documents of:

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

Registered JV agreement (Registration of Documents Act), in accordance with ITT 4.1.

ii. Copies of National Identification documents for all Directors

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

autonomy, operation in accordance with commercial law, and that they are not under the supervision of
the Procuring Entity, in accordance with ITT 4.7.
2.Included are the organizational chart, a list of Board of Directors, and the beneficial ownership
(Applicable).

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 55

FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS

Qualification of Foreign Tenderers

Pursuant to ITT 4.10, a foreign tenderer must complete this form to demonstrate that the tender fulfils this condition
(the 40% Rule).
Describe location of COST in K.
ITEM Description of Work Item Comments, if any
source shillings
A Local Labour

B Sub contracts from Local sources

C Local materials

D Use of Local Plant and Equipment

E Add any other items

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 56

 TOTAL COST LOCAL CONTENT xx

PERCENTAGE OF CONTRACT PRICE xx

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 57

FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR SOURCES

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

ITEM Description of Work Item Describe location of source Comments, if any

A Materials

6
B Equipment

C Labour

6
TOTAL COST LOCAL CONTENT
PERCENTAGE OF CONTRACT PRICE

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 58

FORM OF TENDER

INSTRUCTIONS TO TENDERERS

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

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

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

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

A) Tenderer's Eligibility- Confidential Business Questionnaire

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

FORM OF TENDER

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

submission]

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

To:

We, the undersigned, declare that:

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

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

c) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the Procuring Entity
based on execution of a Tender-Securing Declaration or Proposal-Securing Declaration in Kenya in
accordance with ITT 4.8.

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 59

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

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

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

i) One Tender per Tenderer: We are not submitting any other Tender (s) as an individual Tenderer, and we are
not participating in any other Tender(s) as a Joint Venture member or as a subcontractor, and meet the
requirements of ITT 4.4, other than alternative Tenders submitted in accordance with ITT 13;
a) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled
by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the
Procuring Entity. Further, we are not ineligible under Kenya laws or official regulations or pursuant
to a decision of the United Nations Security Council;
b) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a
state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the
requirements of ITT 4.7];
c) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or
fees with respect to the Tendering process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and the amount
and currency of each such commission or gratuity].

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

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

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

s) We, the Tenderer, have completed fully and signed the following Forms as part of our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any conflict
to interest.
b) Certificate of Independent Tender Determination – to declare that we completed the tender without
colluding with other tenderers.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 60

 a) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in
any form of fraud and corruption.
b) Declaration and commitment to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal.

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

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

Name

in the capacity of

Signed

Duly authorized to sign the Tender for and on behalf of M/s

Dated on day of ,

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 61

 A. TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

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

a) Tenderer's details

ITEM
1 Name of Procuring Entity Kenya National Highways Authority

2 Reference Number of the Tender KeNHA/R4/310/2023

3 Date and Time of Tender Opening As indicated in the Tender Notice

4 Name of Tenderer

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

2. City

3. Location

4. Building

5. Floor

6. Postal Address

7. Name and email of contact person

8. Telephone Number

6 Current Trade License Registration Number and

Expiring date

Name, country/county and full address (postal

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

7 Description of Nature of Business

8 Maximum value of business which the Tenderer

handles

9 State if Tenders Company is listed in stock

exchange, give name and full address (postal and
physical addresses, email, and telephone
number) of state which stock exchange

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 62

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

Nationality Country of Origin

Citizenship

c) Partnership, provide the following details.

Name of Partners Nationality Citizenship %Shares Owned

1

(d) Registered Company, provide the following details.

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

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

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

iii) Give details of Directors as follows.

Name of Directors Nationality Citizenship %Shares Owned

1

2
e) D
I
S3
C
L
OSURE OF INTEREST - Interest of the Firm in the Procuring Entity.

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

If yes, provide details as follows.

Name of Person Designation in the Procuring Interest or Relationship

ii) C Entity with Tenderer
o
1 n
2 fl
i
3 c
t
of interest disclosure

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 63

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

f) Certification

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 64

 On behalf of the Tenderer, I certify that the information given above is complete, current and accurate as at the
date of submission.

Full Name

Title or Designation

(Signature) (Date)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 65

 B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

AUTHORITY for: [Name of tender]

[ Tender number]

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

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

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

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

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

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

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

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

a) The Tenderer has arrived at the Tender independently from, and without consultation, communication, agreement
or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or arrangements with one or more
competitors regarding this request for tenders, and the Tenderer discloses, in the attached document(s), complete
details thereof, including the names of the competitors and the nature of, and reasons for, such consultations,
communications, agreements or arrangements;
6. In particular, without limiting the generality of paragraphs (5) (a) or (5) (b) above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for Tenders; except as specifically
disclosed pursuant to paragraph (5) (b) above;

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

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

Name and Title

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 66

 C. SELF-DECLARATION FORMS

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

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

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

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

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

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

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

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

duly
authorized and competent to make this statement.

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

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

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

(Title) (Signature) (Date)

Bidder Official Stamp

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 67

 FORM SD 2: SELF DECLARATION THAT THE TENDERER WILL NOT ENGAGE IN

ANY CORRUPT OR FRAUDULENT PRACTICE

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

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

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

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

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

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

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

(Title) (Signature) (Date)

Bidder's Official Stamp

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 68

 FORM SD 3: DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

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

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

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

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

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

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

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

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

Name of the

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

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

(Company Seal/ Rubber Stamp where applicable)

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 69

 APPENDIX TO FORM OF TENDER

(This appendix forms part of the bid)

CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION

Tender Securing Declaration Form Duly Filled and Signed in the Prescribed
format as provided
Amount of Performance Security 10.1 1% of Tender Sum in the form of
(Unconditional Bank Guarantee) Unconditional Bank Guarantee
Program to be submitted 14.1 Not later than Fourteen (14) days after
issuance of Order to Commence in the
format Prescribed in the Tender Document
Cash flow estimate to be submitted 14.3 Not later than Fourteen (14) days after
issuance of Order to Commence
Payment of Monthly Monthly Payment to be made on or before
Salaries/allowances to Contractor’s 16.1 the Fifth (5th) day of the following month.
employees and allowances to due to all Any delays shall attract a penalty of KSh.
officers seconded by the Engineer to 50,000.00 per day for the period
the assignment. salaries/allowances are delayed.
Penalty for not implementing approved 19.1 Up to Ksh. 50,000.00 per day
Safety Plan.
Scope of Insurance Policy Cover 22.1 Furnish the Engineer with a copy of
Insurance Policy of WIBA not later than
Fourteen (14) days after issuance of Order to
Commence
Minimum amount of Contractor’s All 23.2 Contract Price
risk Insurance
Period for commencement, from 41.1 14 days
Engineer’s order to commence
Time for completion of Instructed 43.1 Eighteen (18) months
works
Contract Period 43.1 Twenty-Four (24) months
Defects Liability period for Works 49.1 Six (6) months
Period of Contract Validity 60 From contract signing up to the date of
settlement of the agreed final statement
issued pursuant to clause 60.6.
Advance Payment 60.12 N/A
Advance Payment Security 60.12 N/A
Amount of liquidated damages 47.1 0.05% of Contract Price per day
Limit of liquidated damages 47.1 5% of Contract Price
Percentage of Retention 60.3 5% of Interim Payment Certificate
Limit of Retention Money 60.3 5% of Contract Price
Minimum amount of interim 60.2 Monthly PBC Amount
certificates
Time within which payment to be made 60.10 90 days
after Interim Payment Certificate
signed by Engineer
Time within which payment to be made 60.10 90 days
after Final Payment Certificate signed
by Engineer

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 70

CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION
Time to commence price adjustment 70.1 N/A
(Variation of Prices)
Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators
(Kenya)
Notice to Employer and Engineer 68.2 The Employer’s address is:
The Director General,
Kenya National Highways Authority
(KeNHA),
P.O. Box 49712 - 00100
NAIROBI

The Engineer’s address is:

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

The Contractor’s address is:

Name…. …………………………….

P.O Box……………………………..

City/Town…………………………….

Email………………………………….

Telephone……………………………

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 71

FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING LITIGATION
AND LITIGATION HISTORY

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:
Non- Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
Contract non-performance did not occur for the last three (3) years from the day of tender opening.
Contract(s) not performed for the last three (3) years from the day of tender opening
Year Non- Contract Identification Total Contract
performed Amount (Kenya
portion of Shilling equivalent)
contract
[insert year] [insert Contract Identification: [indicate complete contract [insert amount]
amount and name/number; and any other identification]
percentage] Name of Procuring Entity: [insert full name]
Address of Procuring Entity: [insert
street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]

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

Litigation History in accordance with Section III, Evaluation and Qualification Criteria
No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.
Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4 as
indicated below
Year of award Outcome as Contract Identification Total Contract
percentage of Net Amount (Kenya
Worth Shilling equivalent)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 72

FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES

Date

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

We (name and address)

declare the following:

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

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 73

FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE

This is to certify that

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

……………………………………………………………

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

…………………………………………………………………………………………………

…………………………………………………………………………………………………

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

PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –

NDANAI - GORGOR (B133) ROAD

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

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

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

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 74

FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE

PART 1

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:
1. Financial data
Type of Financial information (Kenya Historic information for previous 3 years,
Shillings)
(Amount in Millions (KSh.)
2020 2021 2022

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating Activities

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 75

 2. Sources of Finance

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

The Tenderer and its parties shall provide copies of financial statements for the last three (3) years pursuant
Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
a) Reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated entity
(such as parent company or group member).
b) Be independently audited or certified in accordance with local legislation.
c) Be complete, including all notes to the financial statements.
d) Correspond to accounting periods already completed and audited.
Attached are copies of financial statements for the three (3) years required above; and complying with
the requirements

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 76

 PART 2

Detailed Financial Situation Evaluation

Auditors Auditors Auditors Evaluation

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

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

Debt to Equity Ratio Equity Capital

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

Operating Cash Flow Operating Cash-

Ratio = flow more than
1 = 1 marks
d.
Cash Flow from
Operations
Current Liabilities
Working Capital
is equal or more
than 10% of
2. Working Capital in Ksh. …………………. Engineers
Estimate= 4
Marks
The above Financial Ratios have to be derived from first Principles from the Audit Statements. The
Auditor who has undertaken the analysis has to demonstrate the financial ratios and append his signature
and stamp to the Document as below:

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 77

Financial ratios Computed by a Certified Public Accountant:

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

Signature

Date

Personal/Corporate

Stamp

Ratios attested by the Company Director:

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

Date

Personal/Corporate

Stamp

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 78

FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:
Annual turnover data (construction only)
Year Amount Currency Exchange Rate Kenya Shilling equivalent
[insert amount and indicate (where
currency] applicable)
2020

2021

2022

Average Annual
Construction
Turnover*

* See Section III, Evaluation and Qualification Criteria.

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 79

FORM FIN - 3.3: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS

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

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 80

FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:

Starting Ending Contract Identification Role of Tenderer

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

Amount of contract:
Name of Procuring Entity:
Address:

Contract name:

Brief Description of the Works and Services performed

by the Tenderer:

Amount of contract:
Name of Procuring Entity:
Address:

Contract name:

Brief Description of the Works and Services performed

by the Tenderer:

Amount of contract:
Name of Procuring Entity:
Address:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 81

FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE

Tenderer's Name:

Date:

JV Member's Name

Tender No.

Tender title:

Similar Contract No.. Information

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

Total Contract Amount Kenya Shillings

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

4. Methods/Technology

5. Construction rate for key activities

6. Other Characteristics

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 82

FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES

Tenderer's Name:

Date:

Tender No.

Tender title:

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

1. Key Activity No One:

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

Total Contract Amount Kenya Shillings

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 83

 Description of key activities in accordance
with Sub-Factor 4.2(b) of Section III:

If applicable
2. Activity No. Two

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 84

TECHNICAL PROPOSAL

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

SCHEDULE A. Projected Cash Flow

SCHEDULE B. Site Organizations

SCHEDULE C. Subcontractors

SCHEDULE D. Contractor's Equipment

SCHEDULE E. Initial Tentative Program of Performance

SCHEDULE F. Key Personnel Proposed

SCHEDULE G. PART I. SCHEDULE OF MATERIALS; -BASIC PRICES

PART II. SCHEDULE OF RATES DERIVATION

SCHEDULE H. BASIC PRICES FOR MATERIALS AND LABOUR

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 85

SCHEDULE A

Projected Cash Flow

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

2) The prospective successful Tenderer may be required to submit full details to substantiate his estimates.
3)
Period Cost of Maintenance Cost of Rehabilitation and Net Payment to be Net Cash flow
(Months) Services Improvement Works received

1-6

7-12

13-18

19-24

25-30

31-36

ETC

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 86

SCHEDULE B

Site Organization

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

1. SITE ORGANIZATION CHART

i. ORGANOGRAM

ii. SITE ORGANIZATION LAYOUTS

iii. SITE LOCATION MAP

2. NARRATIVE DESCRIPTION OF SITE ORGANIZATION CHART

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 87

SCHEDULE C

SUB-CONTRACTORS / PARTNERS

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

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

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

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 88

SCHEDULE D
Contractor’s Equipment Form EQU
The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III, Evaluation and Qualification Criteria. A separate
Form shall be prepared for each item of equipment listed in Section B (Technical Evaluation) of
Qualification Form/Criteria

Equipment information and current status for equipment leased from government agencies including MTF may
be omitted
Item of equipment
Equipment Name of manufacturer Model and power rating
information

Capacity Year of manufacture

Current Status Current Location

Details of current commitments

Source Indicate source of equipment

Owned Rented Leased Specially manufactured

Omit the following information for equipment owned by the Tenderer.

Owner Name of owner

Address of owner

Telephone Contact name and title

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 89

SCHEDULE E

Initial Tentative Program of Performance

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

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

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 90

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

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

Expected time schedule for this Full time site presence

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

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

Expected time schedule for this Full time site presence

position:

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 91

Form PER -2

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

Name of Tenderer

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

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

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

Declaration

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

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

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

a) be taken into consideration during Tender evaluation;

b) my disqualification from participating in the Tender;

c) my dismissal from the contract.

Name of Key Personnel: [insert name]

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 92

 Signature:

Date: (day month year):

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 93

SCHEDULE G
PART I. SCHEDULE OF MATERIALS; -BASIC PRICES
ITEM DESCRIPTION NAME OF COUNTRY UNIT BASE
NO SUPPLIER OF Price
ORIGIN KSHS.
1. Cut-back Bitumen MC Litre
30 in bulk
2. Cut-back Bitumen MC Litre
30 in drums
3. 80/100 penetration grade Litre
bitumen modified with
3% Styrene Butadiene
Styrene (SBS) based
elastomeric polymer
(elastomer modified
bitumen)
4.. 80/100 penetration grade Litre
bitumen modified with
3% Styrene Butadiene
Styrene (SBS) based
elastomeric polymer
(elastomer modified
bitumen)
5.. Bitumen Emulsion K1- Litre
60 in bulk
6. Bitumen Emulsion K1- Litre
60 in drums
7. Petrol, Regular Grade Litre
8. Petrol, Premium/ super Litre
Grade
9. Automotive Diesel Fuel Litre
10. Industrial Diesel Oil Litre
11. Industrial Fuel Oil Litre
12. Kerosene Fuel Litre
13. Cement Tonne
14. Flex beam Guardrail Metre
15. Gabion Mesh M2
16. Reinforcing Steel Tonne
17. Lime Tonne

I certify that the above information is correct

……………………… ……………………. …………………..

(Title)
(Signature) (Date)

Notes:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 94

 • The base year for indices shall be 2019
• Prices of imported materials to be quoted CIF Mombasa or Nairobi as appropriate depending on
whether materials are imported by the tenderer directly or through a local agent.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 95

PART II. SHEDULE OF RATES DERIVATION

A Sample Schedule showing how it should be filled by bidder.

Form for Detailed Breakdown of Cost Comparison

Bill item No. 16-80-001
Provide, lay and roll asphalt concrete type 1 (bitumen content 5-6% by weight) as
pothole patching and regulation - hot mix.
Description
Units M3
(Assumed production is
Quantity 4,680 160m3 per day)

Rate build
up
a) Direct cost i) Unit work
(DC) Price 1) Material Cost
Market
Description Units Quantity Price Amount
AC Type 1 M3 1 20,900.00 20,900.00

Sub Total For Material 20,900.00

2) Labour Price
No. Rate
Personnel Required /day Amount
Skilled Labour overseer
2 1,800.00 22.50
Skilled Labour - Operator
6 2,045.00 76.69
Artisans Grade II
12 1,612.00 120.90
Unskilled labour
15 873.00 81.84

Sub Total For Labor 301.93

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

Roller 38,720.0 Hired

1 242.00
0

PTR 29,200.0 Hired

1 182.50
0
Air Compressor Hired
1 9,625.00 60.16
Bitumen Sprayer
Hired
H/Operated 1 4,400.00 27.50
AC Paver Hired
1 50,504.0 315.65

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 96

 0

Sub Total for Machinery 827.81

Productivity ratio
Sub-total of unit
price
Sum (1+2+3) 22,029.74

ii) Haulage Cost 1,104.49

Sub-totals of
DC 23,131.22

b) Indirect
Cost 2,313.12
c) Overheads
and Profits 6,939.37
Total Cost
Sum (a+b+c)
Forwarded to
the BoQ (16-
80-001) 32,383.71

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

I certify that the above information is correct.

……………………… ……………………. …………………..

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 97

 Form for Detailed Breakdown of Cost Comparison
Bill item No. 15-50-002
Provide and Spray MC 30 Cut Back bitumen as Prime coat to Carriage way
Description shoulders, bus bays and junctions
Units litre
Quantity 16,836.00

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

Sub Total For Material

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

Sub Total For Labor

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

Sub Total for Machinery

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

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Forwarded to the BOQ
(Bill no: 15-50-002)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 98

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

I certify that the above information is correct

……………………… ……………………. …………………..

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 99

 Form for Detailed Breakdown of Cost Comparison
Bill item No. 15-60-005
Description Provide Spread and roll 10/14mm precoated chipping
Units M3
Quantity 562.12

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

Sub Total For Material

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

Sub Total For Labor

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

Sub Total for Machinery

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

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Forwarded to the BOQ
(Bill no. 15-60-005)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 100

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

I certify that the above information is correct

……………………… ……………………. …………………..

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 101

 Form for Detailed Breakdown of Cost Comparison
Bill item No. 15-92-001
Provide and Spray 80/100 Pen grade bitumen for single seal on Carriage way
Description shoulders, bus bays and junctions.
Units Litre
Quantity 57,336.00

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

Sub Total For Material

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

Sub Total For Labor

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

Sub Total for Machinery

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

ii) Haulage Cost

Sub-totals of DC

b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Forwarded to the BOQ
(Bill no. 15-92-001)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 102

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

I certify that the above information is correct

……………………… ……………………. …………………..

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

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 103

SCHEDULE H:
BASIC PRICES FOR MATERIALS AND LABOUR

Source Base Bidder’s

Index Index of Value Proposed Weighting
Code* Description* Index* and Weighting range
D ate*
Fixed Nonadjustable A= 0.20

DATE OF BID OPENNING

28 DAYS BEFORE THE
LL Labour B= 0.08 - 0.12

ENGINEERING COST
Fuel and

INDICES DEC 2019

FU Lubricants C=0.15 – 0.30
CE Cement D=0.08 - 0.12
KNBS CIVIL
BI Bitumen E=0.08 - 0.3

RS Reinforcement G=0.02 - 0.2

steel
Total 1.00

I certify that the above information is correct

……………………… ……………………. …………………..

(Title) (Signature) (Date)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 104

FORM OF TENDER-SECURING DECLARATION

[The Bidder shall complete this Form in accordance with the instructions indicated]

Date:.........................[insert date (as day, month and year) of Tender Submission]

Tender No.:.......................[insert number of tendering process]

To:...................[insert complete name of

Purchaser] I/We, the undersigned, declare

that:

1. I/We understand that, according to your conditions, bids must be supported by a Tender-Securing Declaration.

2. I/We accept that I/we will automatically be suspended from being eligible for tendering in any contract with
the Purchaser for the period of time of two(2) years starting on ……………...[insert date of tender opening],
if we are in breach of our obligation(s) under the bid conditions, because we– (a) have withdrawn our tender
during the period of tender validity specified by us in the Tendering Data Sheet; or (b) having been notified of
the acceptance of our Bid by the Purchaser during the period of bid validity, (i) fail or refuse to execute the
Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance with the
instructions to tenders.

3. I/We understand that this Tender Securing Declaration shall expire if we are not the successful Tenderer(s),
upon the earlier of:
a) Our receipt of a copy of your notification of the name of the successful Tenderer; or
b) Thirty days after the expiration of our Tender.

4. I/We understand that if I am/we are/in a Joint Venture, the Tender Securing Declaration must be in the name of
the Joint Venture that submits the bid, and the Joint Venture has not been legally constituted at the time of
bidding, the Tender Securing Declaration shall be in the names of all future partners as named in the letter of
intent.

Signed:……………………………………………………………..……….. Capacity / title (director or partner or

sole proprietor, etc.).……………….

Name:………………………………………………………………………….. Duly

authorized to sign the bid for and on behalf of: [insert complete name of Tenderer]

Dated on…………………. day of…………….……. [Insert date of signing]

Seal or stamp

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 105

PART 2 – WORKS REQUIREMENTS

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 106

SECTION VI - SPECIFICATIONS

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 107

 SECTION VI-A: PERFORMANCE SPECIFICATIONS
Performance based Routine Maintenance Services

1. Introduction on Service Level Categories

Levels of Category
Based on the study of current service levels applied by the road authorities, four (4) standard service level
categories Cover road network in Kenya. The principal factors considered in the selection of service levels
are road type and traffic volume. However, specific road characteristics, such as climatic conditions, road
function and terrain, may also be considered. Two service levels (High and Standard) are for paved roads
and another two service levels (High and Standard) for un-paved roads.
The Service Levels should be selected from Table 1.1 according Annual Average Daily Traffic Volume
(AADT).

Table 1.1. Service Level Categories Adopted

Road Type Paved Unpaved

Service Level High Standard High Standard

Category
Annual Average More than 20,000 Less than 20,000 More than 500 Less than 500
Daily Traffic Vpd Vpd Vpd Vpd
volume
Note: vpd – vehicles per day
Note that Table 1.1 shows indicative traffic volume of service level category. The Road Authority need
to define service level based not only on traffic but also on road class, climate and road complexity.
1.1. Service Criteria
Selection of Standard Service Level Category is made based on the road type (Paved or Unpaved), the
traffic volume, as well as road conditions assessment.
The Table 1.2 below shows the list of service criteria under each Service Category and Service Scope.

Table 1.2 List of Service Criteria

Service Category Service Scope Elements-Paved Road Elements-Unpaved Road
Road Usability Passability Pavement Pavement
Smooth and Pavement Pavement
Safe Traffic
Shoulder Shoulder
Median Footpath
Footpath/cycle way
Footbridge
Road User Comfort Visibility Sight Distance Sight Distance Availability
Availability
Street Lighting

Traffic Signage Signage

information
Roadworks Advance Roadworks Advance Warning
Warning Signs
Road Marking Signs

Road Durability Drainage Side Drains. Side Drains. Mitres Drains Cut
MitresDrains Cut off off Drains
Drains (lined)
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 108
 Capability Side Drains ,Mitre
Drains, Cut off Drains
(unlined)

Culverts and Drifts Culverts and Drifts

Scour Checks, Gabions Scour Checks, Gabions and other

and other erosion erosion Protection Structures
Protection Structures

Manholes and Gulley

Vegetation pots
Vegetation Free Zone Vegetation Free Zone
Control Inner Vegetation Zone Inner Vegetation Zone
Overhanging branches Overhanging branches
Maintenance Concrete Structures Concrete Structures
of Other Steel Structures Steel Structures
Structures Bridge Expansion Bridge Expansion Joints
Joints
Guard Rail/Pedestrial Guard Rail/Pedestrial Rail
Rail
Riverbeds Riverbeds
Slope Embankment Slopes Embankment Slopes
Stability Slopes in Cuts Slopes in Cuts

1.2 Description of the Road

The Road is in Bomet County of the South Rift Region. The Project Road starts at KCC (Sotik) and
traverses through Ndanai Centre terminate at Gorgor.
The Road has the following major physical features.
a) Paved main road with distance of 29.60 km. Average carriage way width of 10.00m (single
carriageway).
b) No paved service road
As a general reference on the Road, the information shown below is provided to the Contractor. The
Employer provides this information to the best of his knowledge, but does not guarantee its
correctness, and the Contractor may not make any claim based on potential errors or omissions in the
information provided.
[Provide information which may be useful to the tenderer for the preparation of his tenderer, such as:
• Traffic volumes for each road section
• Traffic composition
• Rain fall quantities and patterns
• Technical information of each road, such as original design, previous works executed, etc.
• Any maintenance history that is available
• Other information as available.

2. Works and Services to be provided

2.1 Works

The Works are what the Contract requires the Contractor to construct, install, and turnover to the
Employer, as covered under Rehabilitation Works, Improvement Works and Emergency Works.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 109

 2.1.1 Rehabilitation Works (Instructed Works)

Rehabilitation Works are a set of measurable inputs to be executed by the Contractor during the
Initial Mobilization Period to allow the Road to achieve the performance standards required
under the contract. Rehabilitation Works shall be carried out by the Contractor in accordance with
the Bill of Quantities. Rehabilitation Works will be paid for as measured items in accordance with
the unit rates in the Bill of Quantities.
The major scope of the instructed works comprises the following but not limited to;

• General: Office Administration and Overheads

• Cut to spoil and fill in soft material and compact
• Protection works: Provision of gabion boxes and stone pitching on selected drains and structures of
the road as directed by the Engineer
• Drainage works: Provision of access culverts (600mm dia.), as instructed by the Engineer.
• Installation of scour checks as shall be directed by the Engineer
• Shoulder reinstatement on selected sections of the road as directed by the Engineer
• Localised base repairs with stabilized gravel as directed by the Engineer
• Surface dressing using 10/14mm chippings and 80/100 penetration grade bitumen modified with
3% Styrene Butadiene Styrene (SBS) based elastomeric polymer (elastomer modified bitumen)
• Laying of superpave Type 1 Asphalt concrete as wearing course. Laying of 35mm AC 0/14mm to
shoulders
• Provision of Road Marking and other specified Road Furniture
• Performance based maintenance of the carriageway, road reserve and structures to the required
service level
• Any other works as may be instructed by the Engineer
The detailed location of the above activities is shown in the Line Diagram which is appended in Section
8 of this document.
Repairs and maintenance works will be paid for as measured items in accordance with the unit rates in
the Bill of Quantities. These works shall be instructed and done concurrently during the Maintenance
Period.

2.1.2 Improvement Works

Improvement Works are a set of interventions to be executed by the Contractor to allow the Road
to acquire new characteristics under the contract. Improvement Works shall be carried out by the
Contractor when specifically instructed by the Engineer as set out in Clause 27 of GCC and in
accordance with the Bill of Quantities. Improvement Works will be paid for as measured items in
accordance with the unit rates in the Bill of Quantities.

2.1.3 Emergency Works

Emergency Works are a set of necessary inputs to be executed by the Contractor to allow the
Road to be reinstated under the contract in case of inflicted damages as a result of natural

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 110

 phenomena with imponderable consequences, such as strong storms, flooding and earthquakes.
Emergency Works shall be carried out by the Contractor when specifically instructed by the
Engineer as set out in Clause 27 of GCC and in accordance with the unit rates provided for in the
Specifications.

In the event of an emergency, the Contractor shall draw to the attention of the Engineer that
certain works need to be carried out to reinstate the carriageway and other road features to restore
the safe passage of traffic and ensure the integrity of the Road.

The Engineer, who will determine the quantities of activities to reinstate the roads, shall make the
payments according to the measured works.

2.1.4 Design Responsibility for Works

All Works, Rehabilitation Works, Improvement Works and Emergency Works shall be designed
by the Employer in accordance with the latest specifications adopted by the Employer.

2.2 Maintenance Services

The services to be provided by the Contractor include all activities, physical and others, which the
Contractor needs to carry out in order to improve, maintain and comply with the service levels as set out in
Table 2.1. (Service level requirements).

The Contractor is expected to come up with a methodology of complying with the Service Levels, and other
output in the performance criteria as indicated in the contract, or with any other requirements of the
contract. These include management tasks and physical works associated with the road-related assets and
items.

The road pavement structure comprises of;

a. Wearing course surfacing – Single seal surface dressing

b. Base Course Layer – Stabilized gravel
c. Subbase Layer- Neat gravel
d. Base (Shoulders) – Stabilized gravel
e. Wearing Course (Shoulders) - Single seal surface dressing

Performance based routine maintenance services will be paid for as a fixed lump sum per km per month,
with payment reductions made for non-compliance, if appropriate.
It is expected that the Contractor shall include in his rate the cost of bringing the road to required service
levels as stipulated in the Contract and the same shall not be paid for separately in the bills of quantities.
These works shall include but not limited;
a. Site Clearance: Light bush clearing of the extent of the Road Reserve which is approximately
60m wide and vegetation height of 150mm and 300mm within the inner zone and outer zone
respectively
b. Removal of debris, any siltation, structures, fences, illegal signs and disposal of any spoil
material within the extent of the road reserve
c. Spoiling of deleterious materials within the road reserve and maintenance of the same during
the contract period
d. Repair, reinstatement and maintenance of existing and new protection works comprising of
gabion boxes and other auxiliary erosion protection structures
e. Repair, reinstatement and maintenance of existing and new side drains, mitre drains, cut off
drains to free-flowing conditions

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 111

 f. Repair, reinstatement and maintenance of existing and new pipe culverts, Access Culverts,
Box Culverts, Vented Drifts, lined drains, earth drains, gulley pots, storm water manholes,
closed drains and any other auxiliary drainage structure to free-flowing condition.
g. Allow the passage of traffic through the works during the entire Contract period
h. Repair and reinstatement of Subbase/Base failed potholes prior to pothole patching
i. To allow smooth passage of traffic throughout the duration of the Contract by patching
existing and any new emerging pothole within 48 hours. This shall also include any other
works that shall be deemed necessary to give a good riding surface.
j. Maintaining river beds to ensure free flow of water under the bridge and up-to 50m upstream
and downstream at all times
k. Repair, reinstate and maintain protection works around bridge abutments and piers to ensure
that erosion is always mitigated and controlled at all times during the contract duration
l. Repair, reinstatement and maintenance of existing shoulders to conform to the existing
pavement structure and cross section issued in Section 8 of this document.
m. To repair, reinstate and maintain the existing and new road furniture for the duration of the
Contract. These shall include road marking, road signs, guardrails, road studs and any other
road-asset related furniture along the road.
n. The PBC Contractor must standardise and road mark all the existing humps using AC
and hot thermoplastic paint including installation of signs at the standardized humps
within the first three (3) months of commencement of works, after which the
Contractor shall road mark all the faded humps yearly until the end of the contract.
The rates for carrying out these works shall be included in the monthly PBC rate.
Failure to carry out these works shall result in monthly deductions until compliance is
achieved.
A detailed list of such road-related assets and items is attached under Appendix B of this Specification.
(ARICS FY 2020-2021).

For guidance, the activities to be undertaken by the Contractor include, but are not limited to,
management tasks and physical works associated with the following:

1. Inspect the road for safety defects and defects likely to impact on durability of the assets
2. Inspect road, identify and remove all obstructions
3. Clean drainage (side drains, culverts)
4. Repair and replace scour checks
5. Vegetation control, grass cutting, bush clearing, tree pruning
6. Maintain bridges and minor repairs (replacement of guardrails)
7. Maintain road furniture and replace damaged traffic signs

The Contractor shall prepare and submit Routine Maintenance strategy for approval by Engineer.
Management tasks and physical works include, but not limited to the following;

1) Maintain road usability

2) Maintain road user comfort
3) Maintain road durability
4) Maintain control of the Road by patrolling, data collection, conducting inspections and
reporting

Maintenance Services shall be paid for as a fixed lump sum per km per month, with payment reductions
made for non- compliance, if appropriate.

3. Compliance with Service Level Requirements

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 112

 The Initial Mobilization Period for the Road to be brought to Service Level requirements is 3 months
after the issuance of the Actual Start Date by the Contractor. However, the period should vary
depending on the initial condition of the road as defined and specified in the SCC. In the Contract.
Within the first 3 months, compliance with the Service Levels will be adjusted as shown in Table 3.1 to
allow the Contractor to properly mobilize the team within the Initial Mobilization Period.
Table 3.1 Timetable for Compliance with Service Level Requirements

Contract Road Usability Road User Durability

(Compliance Comfort
Month Compliance required on
required on % of
Compliance % of contract road
contract road)
required on % of
contract road
1 75 75 75
2 100 100 100
3 100 100 100
4 until end of Contract 100 100 100

4. Programme of Performance

In accordance with Clause 14.1 of the General Conditions of Contract (GCC), the Contractor shall
submit a Program of Performance within not later than Fourteen (14) days after issuance of Order
to Commence in the format Prescribed in the Tender Document. The program shall include, but
not be limited, to the following items:

4.1 Contractor's Quality Assurance Plan

The purpose of the Contractor's Quality Assurance Plan is to integrate the requirements of the
contract and the Contractor's quality assurance systems to deliver the Works and Services.

The Contractor's Quality Assurance Plan describes the methods and procedures which the Contract
will apply for the execution of the Contract, including how the Contractor will:
a) Identify the quality requirements specific to the contract,
b) Plan and execute the Works and Services to satisfy those requirements
c) Inspect and/or test the Works and Services to ensure compliance with the quality requirements
d) Record and monitor the results as evidence of compliance, and
e) Ensure that prompt action is taken to correct non-compliance.

The Contractor's Quality Assurance Plan must clearly describe the systems, procedures and
methods that will be used to deliver and monitor compliance of the Works and Services.

4.2 Traffic Management Plan

If required in the Special Conditions of Contract (SCC) the Program of Performance shall include
a Traffic Management Plan. The Traffic Management Plan establishes the practices for traffic
management at work sites. The Traffic Management Plan must be developed by the Contractor
and agreed with the Engineer.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 113

 The objectives of the Traffic Management Plan are to:
a clearly define and document the responsibilities and chain of command for the
development, implementation and management of traffic control measures and systems
b establish the minimum requirements for temporary traffic control
c establish the minimum geometric, cross section and surfacing standards for temporary works
d provide appropriate transitions and enable safe and efficient traffic flow into, through and out
of work sites
e protect the Contractor's personnel at all times
f protect the Assets and the Contractor's resources at all times.
g Meet the operational requirements for the road

The Traffic Management Plan must include at least the following:

Lay out diagrams, method statements etc. for implementation of traffic control while undertaking
each aspect of the Works and Services (including site specific layout diagrams and method
statements if the Services require traffic control measures not covered by standard codes of
practice)
A documented process for preparation, review and approval of the Traffic Management Plan
A document tracking and control system to ensure that only the latest operative copy of the Traffic
Management Plan is in circulation
Contact details for Contractor, Principal, emergency services and other stakeholders.

4.3 Safety Management Plan

If required in the Special Conditions of Contract (SCC) the Program of Performance shall include
a Safety Management Plan submitted within 14days after receipt of Order to commence. The
Safety Management Plan establishes the practices for safety management at work sites. The
Safety Management Plan must be developed by the Contractor and agreed with the Engineer.

The objectives of the Safety Management Plan are to:

a clearly define and document the responsibilities and chain of command for the
development, implementation and management of safety control measures and systems

b establish the minimum requirements for the safety of workers, road users and community
people using the Road

c protect the Contractor's personnel at all times.

Contractor shall observe the following measures with a view to enhance Road Safety to the Road Users and
Site Workers:
i. Prepare and submit a comprehensive Road Safety Implementation Plan within 14 days after receipt
of Order to commence for the Engineer’s Approval. The plan shall include but not limited to the
following:
• Night driving
• Safety of workers
• Diversions
• Traffic management Plan

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 ii. The Contractor should identify, evaluate and monitor potential traffic and road safety risks to
workers and road users throughout the Contract life cycle and develop measures and plans to address
them.
iii. The Contractor shall install and maintain standard approved traffic warning signs, directional signs,
secure the working areas and deploy flagmen at active construction sites.
iv. The Contractor shall assess each phase of the works, monitor incidents and accidents indicating the
mitigation measures undertaken and prepare monthly reports to be submitted to the Resident
Engineer.
v. The Contractor shall factor the cost of implementation of the Road Safety Plan in the rates for the
Works.

The Safety Management Plan must include at least the following:

Method statements for implementation of work safety undertaking on each aspect of the
Works and Services (including safety gears for workers, use of tool box meetings for safety
awareness, provision of work safety signs, training of workers on safe use of tools and
equipment, safety inspection under the patrolling by Self Control Unit and commitment by
the Contractor on adherence to the Occupational Safety and Health Act, 2007 amended on
2010.)
A documented process for preparation, review and approval of the Safety Management Plan
A document tracking and control system to ensure that only the latest operative copy of the
Safety Management Plan is in circulation
Contact details for Contractor, Engineer, emergency services and other stakeholders.

4.4 Environmental Management Plan

If required in the Special Conditions of Contract (SCC) the Program of Performance shall include
an Environmental Management Plan. The Environmental Management Plan establishes the
practices for environmental management at work sites. The Environmental Management Plan
must be developed by the Contractor and agreed with the Engineer.

The objectives of the Environmental Management Plan are to:

a clearly define and document the responsibilities and chain of command for the development,
implementation and management of environmental control measures and systems
b establish the minimum requirements for environmental control measures for maintaining the
adequate environment for workers, road users and community people using the Road
c maintain the awareness of the Contractor's personnel on environmental protection at all times

The Environmental Management Plan must include at least the following:

Method statements for maintaining the adequate environmental on work sites undertaking on each
aspect of the Works and Services (including specific dumping locations of debris and materials
unwanted from the Road, use of tool box meetings for environmental protection awareness,
training of workers on environmental control measures, inspection under the patrolling by Self
Control Unit and commitment by the Contractor on adherence to the regulations and acts enacted
by the government of Kenya under National Environmental Management Authority.)
A documented process for preparation, review and approval of the Environmental Management Plan
A document tracking and control system to ensure that only the latest operative copy of the
Environmental Management Plan is in circulation
Contact details for Contractor, Engineer, emergency services and other stakeholders

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4.5 Emergency Procedures and Contingency Plan

If required in the Special Conditions of Contract (SCC) the Program of Performance shall include
an Emergency Procedures and Contingency Plan which shall establish the roles, practices and
procedures during specific types of emergency events identified in the plans and contingency
plans associated with the closure of roads. The Emergency Procedures and Contingency Plan
must be developed by the Contractor and agreed with the Engineer and any other stakeholders the
Engineer may identify.

The purpose of the Emergency Procedures and Contingency Plan is to ensure the safety of the
Contractor's personnel and road users in the case of emergency and/or road closure. It should
include: an effective communication and event recording system the name, contact number and
specific duties of the Contractor's personnel nominated to respond to an emergency even the contact
number of other parties who need to be notified in cases of emergency events, e.g. police detailed
response procedures for all emergency events possible detour routes in the event of road closure

5 Service Criteria

The Contractor is required to carry out the Maintenance Services and to maintain the specific road
related assets and items as stipulated in Clause 1.2.2 of the Performance Specifications during the
contract duration in compliance with the Road Performance Standards as defined by the Service
Criteria as stipulated hereunder.

The Employer requires the Contractor to maintain roads under the contract to be safe and efficient
together with the satisfactory level of availability to road users. In order that the Contractor can
achieve such, service criteria are established for guidance and classified into three Service
Categories; i.e. Road Usability, Road User Comfort and Road Durability.

1) Road Usability and comfort is a description that encompasses the scope of passability of the
Road, and service level requirements entailed for each.
The road user must be able to travel at a certain level of safety, unobstructed by objects, wash-out
material and other debris on the gravel wearing course and shoulders. The criteria for determining
the service levels for safety are given in Table 2.2. The enforcement of these criteria is expected to
be an immediate priority of the contractor due to the critical importance of road safety, and 100%
compliance is expected from Month 2, as shown in the Timetable in Table 2.1. Compliance will be
determined by Visual Inspection.
Table 2.2 Service Levels for Road Safety (Road Usability & Comfort)

Item Service Level Time Allowed

Cleanliness The road must always be clean and free of soil, debris, trash
of the road and other objects, which must be removed within the time
pavement given if they pose:
surfacing 6 hours
• A high danger to traffic: such as rocks, fallen trees,
and
shoulders dead animals, abandoned vehicles, fly tipping and
other large obstacles etc.:

• A lesser (medium) danger to traffic: such as material 24 hours

washed on to the road after storms etc.:

Obstruction The carriageway including shoulders shall at all times be 1 hour

on the free from stalled vehicles. Contractor must ensure the stalled
carriageway vehicle is towed off the road to a safe location within the

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 by stalled time given.
motor
Prior to towing, Contractor shall ensure cautionary measures
vehicles
are taken to alert other road users.

2) Road User Comfort is a description that encompasses the scope of operational performance
indicators of road assets from the road user comfort perspective, such as cleanliness, smooth
riding surface, sight distance availability, shoulder availability, adequacy of safety features
and functionality of NMT facilities, and service level requirements entailed for each

3) Road Durability is a description that encompasses the scope of operational performance

indicators of road assets from the Employer's perspective towards monitoring and
prolonging the life spans of the assets such as drainage capabilities, functionality of
structures, functionality of road furniture and suitability of road profiles, road widths,
embankments, slopes and vegetation control.

The service level requirements, defects and the response times thereof that the Contractor
must comply with and separately adhere to are defined in the Performance Standards for the
various standard service level categories indicated in the appendices shown in tables below;

Pavement, shoulders and Right-of-Way

The service level criteria for road pavement, shoulders including the road reserve of paved roads are
defined as follows:

Measurement/
Item Service Level Time allowed for repairs
Detection or Tolerance permitted

Potholes - No tolerance permitted Visual inspection. Visible potholes must be

attended to within 48 hours
Ruler
Potholes causing safety
hazard to be repaired within
24 hours after
detection
If not the, Penalty as set in
SUBCLAUSE 47.1(b) of
the Contract shall be
applied in the next IPC.
Patching Patches (i) shall be square or ▪ Visual inspection Non-complying patches
rectangular, (ii) shall be level with for detection of must be repaired within 7
surrounding pavement, (iii) shall shape and days after their detection.
be made using materials similar to material used
those used for the surrounding ▪ Straight Edge
pavement, and (iv) shall not have Ruler to check if

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 Measurement/
Item Service Level Time allowed for repairs
Detection or Tolerance permitted

cracks wider than three (3) mm. patch is level with

surrounding
pavement
▪ Small transparent
ruler for cracks.
Cracking in There shall not be any cracks Crack widths Cracks more than 3 mm
pavement more than 3 mm wide. measured with small wide must be sealed within
transparent ruler. 14 days after their
(A crack is a
linear For isolated cracks, detection.
opening in the “cracked area”
pavement includes 0.5 m on
with a width each side of the
of more than crack, multiplied by
3 mm.) the length of the
crack plus 0,5 m at
each end.
Multiple For any 50m section of the For multiple cracks Within 1 week after
cracks in pavement, the cracked area cannot and cracks crossing detection
the be more than two (2) percent of each other, the
.
pavement the pavement surface. “cracked area” is
equivalent to a
rectangle area,
parallel to the lanes,
which fully encloses
the cracks, and
where the closest
crack is at least 0.25
m away from the
sides of the
rectangle.
Cleanliness The road surface must always be Visual inspection Dirt, debris and obstacles
of the clean and free of soil, debris, trash must be removed:
pavement and other objects. ▪ 6 hours if they pose a
surface and danger to traffic safety
shoulders.
The carriageway including ▪ Within 5 days if they do
shoulders shall at all times be free not pose any danger to
from stalled vehicles. Contractor traffic safety.
must ensure the stalled vehicle is
▪ Towing of stalled vehicle
towed off the road to a safe
to be done within1 hour
location within the time given.
Prior to towing, Contractor shall

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 Measurement/
Item Service Level Time allowed for repairs
Detection or Tolerance permitted

ensure cautionary measures are

taken to alert other road users.
Rutting There shall not be ruts deeper than Measured with 2 Rutting above threshold
3cm rulers (horizontal value must be eliminated
ruler of three 3 m within 28 days
Rutting of more than ten (10) mm
length placed
shall not be present in more than 5
perpendicularly
percent of the length of a given
across lane; rut
lane in any one kilometre of the
depth measured as
road sections defined in the
space between
contract.
horizontal ruler and
lowest point of rut,
using a small ruler
with scale in mm)
Ravelling Ravelled areas must not exist. Visual inspection. Ravelled areas must be
sealed within 28 days after
the detection of the defect
Loose There shall not be loose pavement Visual inspection Repairs must be completed
Pavement edges, or pieces of pavement within 28 after the detection
edges breaking off at the edges. of the defect.
Height of Difference in height at edge of Measured with ruler, Repairs must be completed
shoulders pavement shall not be more than with scale in mm. within 28 days after the
vs. height of 5cm. detection of the defect.
pavement
Paved Must always be Visual inspection Repairs must be completed
shoulders ▪ sealed to avoid water within 28 days after the
penetration detection of the defect.

▪ without deformations and

erosion
▪ free of potholes
Embankme Without deformations and Visual inspection Repairs must be completed
nt slopes erosions. within seven (7) days after
the detection of the defect.
Slopes in Slopes in cuts must be stable Visual inspection for Fallen slope material must
cuts and/or adequate retaining walls slope material on be removed
and slope stabilization measures shoulders or Quantities below 50 m3:
must be in place. pavement
▪ from pavement within 4
hours after detection
▪ From shoulders within 48

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 Measurement/
Item Service Level Time allowed for repairs
Detection or Tolerance permitted

hours after detection.

Between 50 m3 and 500 m3
▪ from pavement within 24
hours after detection
▪ from shoulders within 96
hours after detection
Note: For landslides
classified as “emergency”
different rules apply.
Trees Trees within right-of-way must be Visual inspection. Immediate.
within protected as necessary.
right-of-
way

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 Measurement/
Item Service Level Time allowed for repairs
Detection or Tolerance permitted

Right-of- Height of vegetation (except trees) Visual inspection. Vegetation exceeding the
way (outside must be: Measurement with threshold height must be
pavement ▪ less than 20 cm on slopes ruler. cut back within seven (7)
and towards the road days after detection.
shoulders).
▪ less than 1.0 m otherwise
▪ must not disturb drainage
Trash, debris, etc. Visual inspection. Trash, debris and other
objects must be removed
within seven (7) days after
detection.
Removal of Slides of slope material onto the If the contractor Traffic flow to be re-
slides road are considered an Emergency intends to invoke the established within a
if contract provisions maximum of 12 hours.
▪ the quantity of the material is for emergencies, he
estimates the Period for removal of other
above 500 m3, or slide material is set by
quantities and
▪ if the slide blocks all lanes and Engineer depending on the
immediately informs
the road traffic is completely extent of the slide material
Engineer, who them
interrupted, and quantity is on site.
verifies.
above 50 m3.
Encroachm illegal or unauthorized structures, Visual Inspection the structure, access,
ent/ Illegal access, advertisement, car wash, advertisement, works, car
Access on vending of flowers & tree wash, vending of flowers &
the Right of seedlings, works, trenching, shall tree seedlings, trench etc. to
Way not be put up within the right of be removed or demolished
(Structures, way (within the demarcated within 24 hours of erection.
access, road reserve i.e., Road Reserve
advertiseme Marker Post) after If not the Penalties as set
nt, car Commencement of the Contract out in Table 2.8.1: Schedule
wash, of Penalties for
vending of Encroachment shall be
seedlings, applicable and deducted in
works, the next IPC Certificate.
trenching,
etc.)

Drainage

In general terms the contractor must ensure that all drainage elements and structures are without
obstructions which may reduce their normal cross-section and impede the free flow of water.

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 The Service Level requirements for drainage systems and drainage structures are shown in Table 2.3.
Compliance will be determined by Visual Inspection.
Table 2.3: Service Levels for Drainage
Item Service Level Time Allowed for Repairs and
Tolerances Permitted
Side drains, ditches, mitre Must be clean and free of Tolerance permitted:
drains and unlined vertical obstacles
Siltation/Obstructions must less than
drains
50mm in depth.
Siltation/Obstructions must be
cleared within 7 days after detection.
Damages must be repaired within 3
weeks after detection.
Culverts and access drifts Must be clean and free of As above
obstacles and without
structural damage. Must be
firmly contained by
surrounding soil or material.
Scour checks and other Must be de-silted, As above
erosion protection structures structurally sound and
firmly contained in
surrounding soil or material.

Cleaning of manholes and Must be de-silted, As above

gulleys structurally sound and
firmly contained in
surrounding soil or material.

Road furniture

The Service Level requirements for road furniture including road markings are as shown in the
following table:

Measurement/ Time allowed for repairs or

Item Service Level
Detection Tolerance permitted

Information signs Sign must be present, Visual inspection Absent, faded or defective
complete, clean, legible, signs must be replaced within
and structurally sound seven (7) days.
Warning signs Sign must be present, Visual inspection
complete, clean, legible
and structurally sound; and

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 Measurement/ Time allowed for repairs or
Item Service Level
Detection Tolerance permitted

clearly visible at night.

Traffic ruling signs Sign must be present, Visual inspection

complete, clean, legible
and structurally sound; and
clearly visible at night.
Horizontal Must be present, legible Visual inspection
demarcation: and/or and firmly attached to
pavement paint pavement. Micro spheres
must be firm and visible.
Kilometer posts and Must be present, complete, Visual inspection
guidance posts clean, legible and
structurally sound; surface Guardrails damaged by
painted or otherwise
accidents must be replaced
covered.
within seven (7) days
Guardrails Must be present, clean, Visual inspection
without any damage,
without corrosion.

Faded road markings and road

Road markings Contractor must ensure Visual inspection
that all road markings reflectors are painted and
including ‘cats’ eyes’ are restored within two (2) weeks
clear and visible

Vegetation

This section specifies the Service Levels to be complied with in the case of vegetation growing
within the right-of-way/ road reserve.
Vegetation is to be controlled to the heights, at the locations and with the restrictions as set out in
Table 2.4. Compliance will be measured with a tape measure.
Table 2.4: Vegetation Control Types
Type Height (mm) Features applied to:
1. Vegetation Free Zone. 0 Carriageway, shoulders and structures.

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 2. Inner vegetation zone: 25 (min) to Road verges and large vegetated areas,
from edge of shoulders to 150 (max) including surface water channels with
back of side drain/ditch or longitudinal gradients ≥ 3%. Also,
2m away from edge of vegetation control around:
shoulder on straights and
• Marker posts
outside of curves, and 5m
on the inside of curves. • Signposts
Also control of vegetation
around street furniture and • Bridge and culvert markers
other features.
• Guardrails

• Bridge abutments

• Cross culvert ends and headwalls

manhole and gulleys

• Inner side drains

3. Outer vegetation zone, 50 (min) to Bush clearing and vegetation control

excluding zone 2. (Extends 300 (max) around:
the entire width of the road
• Marker posts (Road Reserve,
reserve)
Kilometer Posts, Edge etc.)

• Access culvert ends and

headwalls

• Outer side drains

• Channels with gradients ≤ 3%.

4. Growth encroaching into Must be Applies to vegetation control including

Vegetation Free Zone from removed if trees, scrub or branches hanging over the
the side or top. within 5m zone.
above the
road surface.

Structures

The Contractor is responsible for the routine maintenance of all bridges, retaining walls and similar
structures along the contract road.
The Service Levels for bridges, retaining walls and similar structures are given in Table 2.5 below.
Compliance will be determined by Visual Inspection.

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 Table 2.5: Service Levels for Structures
Time allowed for repairs or Tolerance
Item Service Level
permitted
Steel or Guardrails must be present and not Contractor must immediately notify
other metal deformed. All metal parts of Engineer in case of any condition which
structures overall structure shall be painted or threatens structural integrity of the
otherwise protected and free of structure. Damage and defects must be
corrosion. Drainage system (e.g., repaired within seven (7) days.
weep holes) to be kept in good
condition and fully functional.
Concrete Guardrails must be present and Contractor must immediately notify
structures painted. Beams and all other Engineer in case of any condition which
structural parts must be in good threatens structural integrity of the
conditions and fully functional. structure. Damage and defects must be
Drainage system (e.g., weep holes) repaired within seven (7) days.
in good condition and fully
functional.
Expansion Clean and in good condition Damages and defects must be repaired
joints within seven (7) days.
Retention Contractor must control presence Damage and defects must be repaired
walls and adequate condition of retention within seven (7) days.
walls and their drainage.
Riverbeds Contractor must ensure free flow of Causes for non-compliance must be
water under bridge and up to 50 eliminated within fourteen (14) days
metres upstream and downstream. after water has sufficiently receded to
Contractor must maintain design allow minimum working conditions.
clearance under bridge. The
Contractor shall take all reasonable
measures to control erosion around
bridge abutments and piers.

Embankment and Slopes

Time allowed for repairs and

Service Scope Service Levels
others

1. Embankment slopes All embankment slopes must be -Within 2 weeks after detection
without deformations and
erosions

2. Slopes in Cuts All slopes in cuts must either be Any of observed location must be
stable or are equipped with reported to the Project Manager
adequate retaining walls by the contractor at earliest
possible time.

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 6 Self-Control Unit (SCU)

The Contractor is required to establish a Self-Control Unit within his project organization
throughout execution and completion of the Works and Services to the satisfaction of the
Engineer. The roles of the SCU:
1. For conducting self-inspection to verify the degree of compliance with the Road
Performance Standards as defined by the Service Levels and maintain the reporting system
of self-inspection.
2. Assessment of the Road. The Self-Control Unit shall have a complete knowledge of the
road condition, both on and off carriage way, at all times by carrying out patrolling, to the
satisfaction of the Engineer.
3. The Self-Control Unit is responsible for Gathering information required by the Contractor
to prepare the Monthly Statement.
4. The carrying out, in close cooperation with the Engineer, the Form a land Informal
Inspections of Service Levels which will take place as required.

The Contractor is required to assign a technically qualified and trained person, or persons, to
continuously verify the degree of compliance of Service Levels. The Contractor is also required
to arrange a satisfactory means of mobility for conducting patrolling to the satisfaction of the
Engineer.

7 Site Inspection and Patrolling/Reporting

The Contractor is required to undertake the following management tasks to ensure the full
integrity of the Road throughout execution and performance of the Works and Maintenance
Services.
7.1 Site Condition Assessment before Commencement of Works and Services

The Contractor shall conduct initial site condition assessment before commencement of the
Works and Services under the contract. In case any defects and deficiencies are discovered under
the assessment, the Contractor shall notify the Engineer by submitting the Defect Detection and
Rectification List as attached to the Appendix 1 of the Performance Specifications and upon
agreement of the Engineer, the Contractor shall carry out rectification works as the Rehabilitation
Works.

In case the Contractor discovers cases of illegal encroachment and illegal dumping of unwanted
materials or otherwise illegal actions by the third parties, the Contractor shall notify the Engineer
for further instructions as required.

7.2 Determination of Subsection and Installation of Marker Posts

The Contractor shall either mark clearly on the road or install temporary posts to determine the
subsections inspection purposes. The Contractor shall submit the record of such identification and
markers to the Engineer.

7.3 Patrolling/Reporting

The Contractor shall carry out patrolling of the Road as required under the contract. Such
patrolling shall be reported to the Engineer without delay through submission of the Daily Work
Record, Daily Patrol Record, Monthly Photo Record and Incident Report as attached to the
Appendices 2, 3, 4 and 5 of the Performance
Specifications.Thecontractorisalsorequiredtogivetheresultofself-
inspectiontotheEngineerwithoutdelay through submission of the Detail Self Inspection Result
Record Form (Paved Road) as attached to the Appendix 6 of the Performance Specifications.

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 In case the Contractor discovers cases of illegal encroachment and dumping of unwanted
materials or illegal actions by third parties, the Contractor shall notify the Engineer for further
instructions as required.

7.4 Ad hoc Inspection

The Engineer may carry out ad-hoc inspections to verify the degree of compliance with the Road
Performance Standards as defined by the Service Levels. He may do so on his own initiative, at
anytime and anywhere on the roads under the contract. If he detects any road sections where the
Service Level criteria are not met, he is required to notify the Contractor within 24 hours in
writing as the Corrective Order, to enable the Contractor to take remedial action as soon as
possible. The results of ad-hoc inspections may not be used by the Engineer for purposes of
correcting the Contractor's monthly statements or applying penalties, except for cases in which
the traffic flow on the road has been completely interrupted due to the negligence and tardy action
by the Contractor.

8 Monthly Statement

8.1 Preparation for Monthly Statement

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 Payment Reduction Calculation Table PAVED (KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD) Sheet 1 of 1
Twenty-Four Months –
Project Project Title and Contract No. Contract Period
24months
Road
Kenya National Highways Authority (KeNHA) Contractor M/s xxxxx Company Ltd
Authority
Road Name/ Class/ Chainage/ Road
XXXX XXX 0+000 26+600 29.60 km
(j)Length Class
Statement Month/ Year and
Month Year Elapsed time Standard Service Level Paved High
Elapse of Month
Contract Length Per Month 29.60 km
Service Level Criteria
Compliance Reduction

Service (a) (b) (c)=(a)*(b) (d)=(a)-(c) (e) (f)=(e)-(d) (g)=(f)/(c) (h) (i)=(g)*(h) (j)=(c)x(i)

Contract Road NON- Reductio Reduction Reduction

Required Target Length Exemption Non- Adjusted
Service Scope Length Compliant n Rate Length
(km) Target (km) Length Compliant Non- Rate Weight (%) (km)
(km) Length Compliant
(km) (km)
Preparation and submission of 29.60
29.60 100.00% - - - 1.00% 0.00% -
daily Work Record Forms
Defects Detection and 29.60 29.60
100.00% - - - 1.00% 0.00% -
1. rectification Forms
Documentati Incident and Photo Records 29.60 29.60
on 100.00% - - - 1.00% 0.00% -
Form
Detailed and Summary Self 29.60 29.60
100.00% - - - 1.00% 0.00% -
Inspection forms
Monthly Statement Form 29.60 100.00% 29.60 - - - 1.00% 0.00% -
2. Road Passability 29.60 100.00% 29.60 - - - 10.00% 0.00% -
Usability Road Advance Work Signs 29.60 100.00% 29.60 - - - 10.00% 0.00% -
29.60 29.60
Road Cleanliness 100.00% - - - 10.00% 0.00% -

3.Road User 29.60 29.60

Potholes 100.00% - - - 10.00% 0.00% -
Comfort
29.60 29.60
Cracking 100.00% - - - 5.00% 0.00% -

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 29.60 29.60
Rutting 100.00% 5.00% 0.00%
29.60 29.60
Raveling 100.00% 5.00% 0.00%
29.60 29.60
Loose Pavement Edges 100.00% 5.00% 0.00%

Lined/Unline 29.60 100.00% 29.60

- - - 5.00% 0.00% -
d drains
29.60 100.00% 29.60
Culverts 5.00% 0.00%
Drainage
29.60 100.00% 29.60
Gabions 5.00% 0.00%
29.60 100.00% 29.60
Scour Checks 5.00% 0.00%
29.60 100.00% 29.60
Free Zone - - - 20.00% 0.00% -

Outer/Inner 29.60 100.00% 29.60

20.00% 0.00%
Vegetation
Vegetation
Tree within 29.60 100.00% 29.60
10.00% 0.00%
ROW
Extent of the 29.60 100.00% 29.60
4. Road 10.00% 0.00%
RR
Durability
29.60 100.00% 29.60
Concrete - - - 5.00% 0.00% -
Structures –
As Detailed in
Bridge 29.60 29.60
Asset list
Expansion 100.00% 5.00% 0.00%
Joints
29.60 29.60
Road signs 100.00% - - - 10.00% 0.00% -

Road 29.60 29.60

100.00% 10.00% 0.00%
Marking
Road Furniture Road reserve 29.60 29.60
boundary 100.00% 10.00% 0.00%
post
Guardrails / 29.60 29.60
Pedestrian 100.00% 10.00% 0.00%
rails

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 129

 Embankment and Slopes 29.60 100.00% 29.60 - - - 5.00% 0.00% -

(k) Total
=200%

Required Target - Maintained Calculation of the Payment (km per Month)

Elapse of 1. Road 2. Road User 3. Road (Km per

Contract Due Km per Month 29.60 (x)
Month Usability Comfort Durability Month)

1 75% 75% 75% Reduction Rate % (k)

(Km per
2 100% 100% 100% Reduction Amount (z)=(x)x(k)
Month)

(Km per
3 100% 100% 100% Payment Km (y)=(x)-(z)
Month)

(Km per
4 100% 100% 100% Month/Year 0
Month)
5 100% 100% 100%
6 100% 100% 100%
7~ 100% 100% 100%

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 For the Maintenance Services. The Contractor shall take the following actions;
1) Prior to compilation of the Monthly Statement for each month, the Contractor is
required to prepare the Payment Reduction Calculation Table for the month by utilizing
the result of the most recent self- inspection recorded in Self Inspection Result Record
Form to determine the total length of non-compliant sections for each Service Scope
and for calculation of the reductions required for the month by determining the
percentages of non-compliant sections for each Service Scope. The formats of Payment
Reduction Calculation Table are attached as Appendix 8.
2) The prepared Payment Reduction Calculation Table shall become the basis of the
payment request for the Maintenance Services.

3) Upon completion of Formal Inspection, the amounts indicated on the Monthly

Statement and the Payment Reduction Calculation Table will be adjusted, if required.
Such modified Monthly Statement and Payment Reduction Calculation Table shall be
countersigned by the Engineer to sign it and present it to the Employer for payment,
and to the Contractor for information.

8.2 Reduction Weighting for Non-Compliance on Maintenance Services

In accordance with the relevant clauses of the Performance Specifications and GCC, payment
reduction is applied in case of non-compliance with Service Levels.

In accordance with the relevant clauses of the Conditions of Contract, Payment Reductions are
applied in case of non-compliance with Service Level requirements, while Liquidated Damages
are applied in the case of non-compliance with required Repair, Maintenance and Emergency
Works.

The results of each formal inspection of the Service Levels and other performance criteria will
be recorded by the Engineer in the form of a Memorandum. The Memorandum will state the
type and location of any non-compliance detected, in particular those non-compliances already
shown in the standard tables provided by the Contractor as part of the monthly statement. For
each individual case of non-compliance, the Engineer will determine a date by which the
Contractor must have completed the necessary measures in order to remedy the cause of the
non-compliance. A follow-up site visit is therefore necessary at the date fixed by the Engineer,
or soon thereafter, in order to verify that the Contractor has indeed remedied the cause of non-
compliance.

If at the date indicated in the Memorandum, the Contractor has not remedied the cause for non-
compliance, independent of the reason given for their failure to do so, the Contractor is subject
to Payment Reductions in accordance with the relevant clauses of the Conditions of Contract.

Payment Reductions are variable over time. If the Contractor fails to remedy a cause of non-
compliance for which a payment reduction has already been applied, the amount of the payment
reduction increases month by month for that particular cause of non-compliance, without a
ceiling being applied, until compliance is established.

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 The calculation of the initial (first month) amounts of payment reductions, and the formula for
their adjustment over time, is to be based on the following rules given in Table 2.8.

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Table 2.8: Amounts of Payment Reductions, and the Formula for Their Adjustment over Time

KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

% OF UNIT
Reference to
SERVICE LEVEL RATES FOR
SERVICE LEVEL SCOPE Performance
CATEGORY NON-
Specifications
COMPLIANCE
Contractor to provide during the
DOCUMENTATION 5% Clause 2.6.1
formal inspection
A) Passability, Road Works
ROAD USABILITY 20% Table 2.2
Advance Signs
B) Road Cleanliness, Potholes,
ROAD USER Cracking, Rutting, Raveling, loose
40% Clause 2.5.1
COMFORT Pavement, Drop Off, Paved
Shoulders, Concrete Pavement
C) Drainage (Lined/Unlined
drains, Culverts, Drifts, Scour
20% Clause 2.5.2
Checks, Gabions, Scour Checks,
Manhole, Gulleys pots etc.)
D) Vegetation (Free Zone,
Outer/Inner Vegetation, Tree 60% Clause 2.5.4
within ROW, Extent of the RR)
E) Structures (Concrete, Steel,
ROAD DURABILITY
Bridge Expansion Joints, 10% Clause 2.5.5
Riverbeds)
F) Road Furniture (Road signs,
Edge Marker / Guide/ Kilometre
Post, Traffic Signals, Streetlights, 40% Clause 2.5.3
Road Marking / Studs, Guardrails
/ Pedestrian rails, humps etc.)
G) Embankment and Slopes 5% Clause 2.5.6
200%

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 NOTE:
1. Payment reduction is a % of the monthly lump sum for one km applied to each one-km section
which does not comply.
2. Penalties can also be applied based on non-compliance as spelt out in the PBC Guidelines
Developed by the Ministry of Transport, Infrastructure, Housing, Urban Development and
Public Works (MoTIHUD & PW) Edition 1.1 of February 2016.

Note: (i) The Unit Rates of payment reductions (“PRu) shown in the above table are applicable during
the first 30 days of non-compliance.
(ii) If the non-compliance has not been remedied within thirty days, liquidated damages for
periods beyond 30 days are calculated based on the following formula:
PR = 2n PRp considering:
PR = New noncompliance rate to be applied
J = number of days of non-compliance

 J − 1
n=   rounded up to full number (without decimals)
 30 
PRp = Percentage of rate of non-compliance of the previous month i.e.
Month 1 = PRu
Month 2 = 2n(PRu)
Month 3 = 2n{2n(PRu)}
Month 3 = 2n{2n{2n(PRu)}……….
(iii) Payment reductions and Liquidated damages will be charged as penalties and are non-
recoverable in subsequent monthly payment certificates.

(iv) Failure to comply with the required service levels for a sequential/continuous period of
three (3) months will lead to termination of the Contract by the Employer as stipulated in
clause 63.1 (d) of the Condition of Contract. This failure should not exceed 30% of the overall
monthly PBC amount per month.

A notice shall be served by the Engineer when the 30% reduction on the monthly payment of
PBC is noted.

Determination of Penalty for Encroachment

In addition to the deduction for non-compliance indicated in Table 2.8: Amounts of Payment
Reductions and the Formula for Their Adjustment over Time, the following schedule of
penalties shall also apply for allowing/ failing to report to the Employer encroachment onto the
road Reserve after the Commencement of the Contract.

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Table 2.8.1: SCHEDULE OF PENALTIES FOR ENCROACHMENT
S/NO ITEM ON ROAD RESERVE PENALTY FOR NON-
COMPLIANCE
1 Construction of Illegal structures (kiosks, shades etc.) Kshs 50,000.00 per structure
2 Construction of illegal access Kshs 50,000.00 per access
3 Erection of illegal/ unauthorized advertisements Kshs 50,000.00 per
(Billboards, banners, posters etc.) advertisement
4 Illegal works (trenching for fibre optic cables, water, Kshs 50,000.00 per event
sewer lines etc.)
5 Car wash Kshs 50,000.00 per car wash
6 Vending of flowers & tree seedlings Kshs 50,000.00 per
establishment
7 Any other encroachment Kshs 50,000.00 per event

*The deductions in the above schedule shall be applied in the monthly statement for the month
during which the encroachment is detected and every subsequent month thereafter until the
Contractor demolishes or removes the illegal structure, access, advertisement, car wash, vending of
seedlings establishment, works etc. as the case shall be.
Determination of Liquidated Damages
For Emergency Works, the liquidated damages are 0.05% of the contract price bill item for
emergency works,
For the particular item delayed, per calendar day of delay, of the payment normally due for
the specific Works for which completion is delayed, the liquidated damages are up to a limit of
10% of the contract price for the Repair Works.

9 Formal Inspection

The Formal Inspection shall be carried out jointly by the Engineer and the Road Manager at
the end of each month. The Engineer shall notify the Contractor that he intends to carry out
Formal Inspection in writing within 7 days of notification. The Contractor shall inform the
Engineer of the proposed date and time and shall prepare for Formal Inspection. The main
purpose of carrying out the Formal Inspection is to enable the Engineer to verify the
information presented in the Contractor's Monthly Statement with the actual observed and
measured conditions on the site.

9.1 Procedure for Formal Inspection

The Contractor shall submit the following documents as indicated in Table 10.1 to the
Engineer for scrutiny prior to the Formal Inspection after the receipt of notification of
carrying out Formal Inspection. The Contractor shall provide sufficient time to the Engineer
to allow full scrutiny of the submitted documents.

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 Table 10.1 List of Documents for Formal Inspection
Appendices Names of Documents Mandatory Submission, if
Submission requested by the
Engineer
1 Defect Detection and Rectification Lists
2 Daily Work Records
3 Daily Patrol Records
4 Monthly Photo Records
5 Incident Condition & Activity Reports
6 Detail Self – Inspection Result Record
Form
7 Payment Reduction Calculation Table

The criteria of each Service Level shall be checked jointly by the Engineer and the Road
Manager at sections selected by the Engineer based on visual appearance. The Engineer shall
be the sole judge of compliance. If a specified criterion is not met, the one-kilometer section
in which the deficit occurs will be judged non-compliant in accordance with the Self
Inspection Result Record Form.

The Engineer shall prepare a brief Memorandum describing

i) The general circumstances of the site visit, including date, road sections visited, persons
present, etc.,
ii) Any non-compliance which may have been detected, and
iii) The time granted by the Engineer to the Contractor to remedy the detected defects.

The results of Formal Inspection on Service Levels will be recorded by the Engineer in this
Memorandum. The Memorandum will state the type and location of any non-compliance
detected, in particular those non- compliances already shown in the most recent Self
Inspection Result Record Form provided by the Contractor as part of the Monthly Statement.
For each individual case of non-compliance, the Engineer will determine a date by which the
Contractor must have completed the necessary measures in order to remedy the cause of the
non- compliance. A follow-up site visit is therefore necessary at the date fixed by the
Engineer, or soon thereafter, in order to verify that the Contractor has indeed remedied the
cause of non-compliance. If at the date indicated in the Memorandum, the Contractor has not
remedied the cause for non-compliance, independent of the reason given for their failure to
do so, the Contractor is subject to payment reduction in accordance with the relevant clauses
of the Performance Specifications and GCC.

Based on the outcome of the Formal Inspection and subsequent remedies by the Contractor
or otherwise, the Engineer will correct any possible errors or misrepresentations in the
Contractor's Monthly Statement, countersign it and present it to the Employer for payment,
and to the Contractor for information.

10 Performance Monitoring by the Employer

The Contractor shall acknowledge that the Employer encourages adoption of proactive
approach by the Contractor on performing the Maintenance Services. To maintain such

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 approach, the Employer shall have the power to entrust the Engineer to conduct monthly
performance monitoring on the Contractor.
The Contractor, shall within seven (7) days of commencement, prepare and submit for the
Engineer’s approval the forms listed herein and any other that will be required for monitoring,
recording and checking the compliance of service levels during the implementation of Contract.
These forms are;
✓ Daily Work Record Form
✓ Daily Patrol Record Form
✓ Photo Record Form
✓ Incident Report Form
✓ Defect Detection and Rectification List
✓ Detail Self-Inspection Result Report Form (Paved Road)
✓ Summary Self-Inspection Report Form (Paved Road)
✓ Payment Reduction Calculation Table (Paved Road)
✓ Summary of Statement for Payment Account (Monthly Statement)

1) Performance monitoring will be conducted on service level compliance, self-control

unit performance, work safety performance, performance on environment and social
management, corrective order management and statutory compliance. The format of
Monthly Evaluation Form is attached as Appendix 9, for the purpose of performance
monitoring.
2) The result of performance monitoring of each month will be used for the evaluation of
the Contract or at the end of each year. Evaluation of the Contractor shall be carried out
by the Engineer using the Contract Evaluation Tally Sheet, which is attached as
Appendix 10.
The total aggregate weighting of 100% is applied to 6 criteria in 1) above, with the
weighting of 50% on service level compliance, 20% on work safety performance, 0%
on statutory compliance and the remaining criteria each weighing 10%.
3) The result of each month on each criterion will be evaluated either a pass or a fail. The
tally will be made at the end of each month, collected to the end of the year and to
arrive at the performance of the criterion as the percentage of pass attained during the
year. The respective weight will be applied to arrive at the evaluation score, with the
maximum score of 100 and the minimum score of 0. For statutory compliance, the
evaluation score will not be tabulated, but a penalty of 20 will be imposed in case the
Contractor faces violation on statutory compliance at least once in a year.

4) Performance monitoring will be conducted on service level compliance, self-control

unit performance, work safety performance, performance on environment and social
management, corrective order management and statutory compliance. The format of
Monthly Evaluation Form is attached as Appendix 9, for the purpose of performance
monitoring.
5) The result of performance monitoring of each month will be used for the evaluation of
the Contract or at the end of each year. Evaluation of the Contractor shall be carried out
by the Engineer using the Contract Evaluation Tally Sheet, which is attached as
Appendix 10.

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 The total aggregate weighting of 100% is applied to 6 criteria in 1) above, with the
weighting of 50% on service level compliance, 20% on work safety performance, 0%
on statutory compliance and the remaining criteria each weighing 10%.
6) The result of each month on each criterion will be evaluated either a pass or a fail. The
tally will be made at the end of each month, collected to the end of the year and to
arrive at the performance of the criterion as the percentage of pass attained during the
year. The respective weight will be applied to arrive at the evaluation score, with the
maximum score of 100 and the minimum score of 0. For statutory compliance, the
evaluation score will not be tabulated, but a penalty of 20 will be imposed in case the
Contractor faces violation on statutory compliance at least once in a year.

11 Handover Report

Immediately prior to the completion of the contract, the Contractor shall prepare a Handover
Report and submit to the employer. The purpose of the Handover Report is to provide a
smooth transition to the next contract and ensure that the next contractor is aware of any
outstanding issues. The Report will:
a) Summarize any unresolved issues;
b) Include the most recent complete set of data on the roads covered by the contract, and
c) Provide the following details as shall be agreed by the Engineer:
i) A schedule of outstanding defects.
ii) Any unresolved issues, especially those that may impact on the next Contractor.
iii) Details of any sensitive issues.
iv) Any on-going special monitoring/maintenance needs

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 SECTION VI-B: SPECIFICATIONS ON INSTRUCTED WORKS

The following specifications shall be used in the Tender

1. STANDARD SPECIFICATIONS - Standard Specifications refers to the Standard

Specifications for Road and Bridge Construction, 1986 Edition
2. The Standard Road Maintenance Manual
3. The Special Specifications – Detailed hereunder

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101 SPECIAL SPECIFICATIONS
Special specification is supplementary to the Standard Specifications and the two must be read in
conjunction. In any case where there appears to be conflict between the two then the Special
Specifications will take precedence.

102 LOCATION OF CONTRACT

The Road is in Bomet County of the South Rift Region. The Project Road starts at KCC (Sotik) and
traverses through Ndanai Centre terminate at Gorgor. The road is approximately 29.60 km.

103 EXTENT OF CONTRACT

The works to be executed under the Contract comprise mainly but not limited to the following as shall
be directed by the Engineer;
• General: Office Administration and Overheads
• Cut to spoil and fill in soft material and compact
• Protection works: Provision of gabion boxes and stone pitching on selected drains and
structures of the road as directed by the Engineer
• Drainage works: Provision of access culverts (600mm dia.), as instructed by the Engineer.
• Installation of scour checks as shall be directed by the Engineer
• Shoulder reinstatement on selected sections of the road as directed by the Engineer
• Localised base repairs with stabilized gravel as directed by the Engineer
• Surface dressing using 10/14mm chippings and 80/100 penetration grade bitumen modified
with 3% Styrene Butadiene Styrene (SBS) based elastomeric polymer (elastomer modified
bitumen)
• Laying of superpave Type 1 Asphalt concrete as wearing course. Laying of 35mm AC
0/14mm to shoulders
• Provision of Road Marking and other specified Road Furniture
• Performance based maintenance of the carriageway, road reserve and structures to the required
service level
• Any other works as may be instructed by the Engineer
The detailed location of the above activities is shown in the Line Diagram which is appended in
Section 8 of this document.
Repairs and maintenance works will be paid for as measured items in accordance with the unit
rates in the Bill of Quantities. These works shall be instructed and done concurrently during the
Maintenance Period.

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104 PROGRAMME OF EXECUTION OF THE WORKS
The contractor shall provide the works programme, required under clause 14 of the Conditions of
Contract, within 14 days of receipt of the Engineer's Order to commence work.
The programme shall be co-ordinated with climatic and other conditions to provide for the completion
of the works in the order and by the time specified.
The Contractor shall carry out the contract in accordance with the programme agreed with the
Engineer, but he shall in no manner be relieved by the Engineer's approval of the programme, of his
obligation to complete the works in the prescribed order and by the prescribed completion date and he
shall from time to time review his progress and make such amendments to his rate of execution of the
works as may be necessary to fulfil his obligations.

105 ORDER OF EXECUTION OF WORKS

In addition to Clause 105 of the Standard Specification the Contractor shall carry out the Works such
that a continuous and consecutive output of fully completed work is achieved.

107 TAKING OVER CERTIFICATE

The minimum length of the road for which a certificate will be issued under clause 48 of the conditions
of Contract shall be a whole length of the road substantially completed.

109 NOTICE OF OPERATIONS

(a) Add the following sub- Clause.

Notification Terms
It shall be the Contractor’s responsibility to notify the Engineer when any item of works
scheduled are completed and ready for approval, and the contractor shall give sufficient notice to
allow control test to be performed.

Explosive and Blasting

(b) The requirements of the Laws of Kenya governing explosives and other
requirements and regulations of Government of Kenya and other authorities shall be complied
with.
(c) No explosives of any kind shall be used without prior written consent of the
Engineer.
The Contractor shall be solely responsible for the provision, handling, storage and transporting of
all explosives, ancillary materials and all other items of related kind whatsoever required for
blasting.

120 PROTECTION OF EXISTING WORKS AND SERVICES

The Contractor shall acquaint himself with the position of all existing services such as sewers, water
drains, cables for electricity and telephone, lighting and telephone poles, water mains, etc., before
commencing any excavation or other work likely to affect the existing services.

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The cost of all plant, equipment and materials, labour, technical and professional staff, transport and the
like necessary for determining the locations of existing services, including the making good of any
damage caused to such services all to the satisfaction of the Engineer, shall be deemed to be included in
the tender rates. No other payment shall be made for the costs of such operations, nor for the making
good of damage caused thereby to the existing services.
The Contractor shall be held responsible for injury to existing structures, works or services and shall
indemnify and keep indemnified the Employer against any claims in this respect (including
consequential damages).

124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,
INCLUDING TEMPORARY WORKS.
Notwithstanding Clause 124 of the Standard Specification all requirements of land for temporary works
and construction purposes shall be to the approval of the Engineer but the Contractor will make all
necessary arrangements with the property owners concerned and pay all charges arising therefrom. On
or before completion of the Contract, the Contractor shall remove all temporary works and shall restore
all such land to the condition in which it was immediately prior to the occupation thereof as far as is
reasonable and practicable. No separate payment will be made to the Contractor on account of these
items and the Contractor must make due allowance for them in his rates.
Notwithstanding Clause 120 of the Standard Specifications, the Contractor shall be required to appoint
competent surveyors who will liaise with the Engineer on matters related to the demarcation of the
existing road reserve, site measurements, removal and reinstatement of existing services.
After extraction of materials, all borrows pits shall be backfilled to the satisfaction of the Engineer. In
particular borrow pits near the project road shall be backfilled in such a way that no water collects in
them.
Spilling of bitumen fuels Oils and other pollutants shall be cleared up.
Including removal of excavated material from the pavement to spoil.

128 STORAGE OF MATERIALS

All materials shall be stored on Site in a manner approved by the Engineer and the Contractor shall
carefully protect from the weather all work and materials which may be affected thereby.

129 TEST CERTIFICATES

When instructed by the Engineer the Contractor shall submit certificates of test from the suppliers of
materials and goods required in connection with the works as the Engineer may require.
Such certificates shall certify that the materials or goods concerned have been tested in accordance with
the requirements of the specifications and shall give the results of all the tests carried out. The
Contractor shall provide adequate means of identifying the materials and goods delivered to the site
with the corresponding certificates.

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131 SIGNBOARDS
The Contractor shall provide and erect two (2) publicity signs on the site as directed. The Engineer
shall, as shown in the Drawings, direct the minimum dimensions and thickness of the steel framework
and sheet. The framework and sheet shall be prepared and painted black, while the ring at the top of the
supporting frames shall be painted white. The wordings and KeNHA’s logo shall be printed on backlit
sticker paper resistant to the effects of weather using reflectorized paint or material approved by the
Engineer. The colours, fonts and heights of the letters shall be as indicated on the attached drawings
and as directed by the Engineer.
Payment for the Publicity signboards shall be made in instalments in accordance with the following
conditions: -
(a) 50% when the signboards are accepted by the Engineer fully installed
(b) 30% in equal monthly instalments form the date Engineer accepts the signboards fully installed
over the remainder of the Contract period. This payment shall be deemed to cover the securing
and maintenance of the signboards and the Engineer may withhold or reduce payment if the
contractor fails in these obligations
(c) 20% when the signboards has been removed and the site cleared at the end of contract period or
earlier if the Engineer has no further use of the signboards
(d) Each instalment will be subject to the deduction of retention money

Signboard shall be removed and transported to KeNHA’s Yard at the end of Defects Liability Period.
132.3 Engineer’s office
The Contractor shall when instructed construct and maintain a document storage container at a location
to be specified by the Engineer and as specified in the Contract.
The document storage container shall revert to the Employer on completion of the contract.

132.1 ENGINEER’S REPRESENTATIVE OFFICE

The Contractor may be instructed by the Engineer under clause 58 of the General Conditions of
Contract to make payments of general receipted accounts for such items as stationery, stores, furniture
and equipment, claims and allowances for supervision personnel and any miscellaneous claims or the
Engineer may direct the Contractor to purchase or pay for the above. The Contractor will, on provision
of receipts, be paid under appropriate bill items in the BoQ.

The Contractor, when instructed, shall provide and install at the Engineer’s office the Equipment
specified below with a dealer’s certificate and warranty:
15. Three years warranty
Laptop Specifications

RECOMMENDED MINIMUM TECHNICAL SPECIFICATIONS

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 ITEM REQUIREMENT Bidder
Response
(Yes/No)
Make
Model
Manufacturers Yes
Brochure
Operating system Windows 10
Processor and Intel Core i7 Processor
graphics
Display 12.0” to 13.3" diagonal Full HD WLED-backlit
IPS Display Touchscreen
Memory 8 GB Memory
Hard drive 500 GB Flash Solid State Drive (SSD)
Primary battery 3-cell Lithium-ion Battery Battery life up to 6
hours
Keyboard Backlit Keyboard (natural silver)
Camera TrueVision Full HD WVA Webcam with Dual
Digital
Networking Intel 802.11ac WLAN and Bluetooth®
Audio DTS Studio Sound with 2 speakers
Pointing device / Imagepad with multi-touch gesture support
Touch support
Application Latest Licensed Ms. Office,
Antivirus Latest Licensed Kaspersky Antivirus
External I/O Ports: USB 3.0; HDMI; headphone/microphone
Back Pack Yes
Warranty 1 Year
Brochure Manufacture’s Literature and Detailed Specifications
(Be Attached)

Desktop Specifications

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 RECOMMENDED MINIMUM TECHNICAL SPECIFICATIONS

ITEM REQUIREMENT Bidder

Response
(Yes/No)

Processor & Core Logic Core i7-6700 3.4GHz, 4 Cores

System Memory 12 GB DDR4

Storage Subsystem 1TB HDD

Form Factor Tower / Desktop

Power System 220 – 240 V AC Power supply

23” TFT Flat panel Color LCD, Same brand as
Display/Graphics CPU minimum Resolution 1024x768.

Graphics Card 2 GB GDDR5 Dedicated

Keyboard and Pointing
Device Enhanced keyboard & Optical Scroll mouse

Audio Stereo audio system full multimedia with speakers

Communication
interface 100/1000 Mbs Fast Ethernet NIC
PS/2 compatible keyboard, Serial Port, Parallel
I/O interface ports Port, USB Port, Ethernet, VGA Port

Operating System 64-Bit MS Windows 8.1 or later.

NOTE: Volume license of all Computers uploaded
on KeNHA Volume License portal

Application Software Microsoft Office 2016 or later.

Anti-Virus Latest Antivirus Version with media and License

UPS 700VA UPS

Warranty 1 year
Brochure Manufacture’s Literature and Detailed
Specifications (Be Attached)

132.3 COMMUNICATION FOR THE ENGINEEER

Internet and e-mail services
Where directed, the contractor shall provide 24 hours terrestrial or wireless internet connectivity with
minimum throughput speed of 128kilobytes per second for the exclusive use by the Engineer, including
all accessories and Terminal Equipment and pay for all associated installation, maintenance and usage
charges throughout the duration of the contract.
The contractor shall allow for the provision and maintenance of internet connectivity and associated
costs as per Appendix E of the Bills of Quantities.
132.10 Time for Erection of the Engineer’s document storage container

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Delete the wording ‘Clause 41 of the Conditions of Contract’.
Add the following:
The time for completion of the document storage container shall be three months (90 days).
135 Maintenance of The Engineer’s document storage container
In 1st paragraph, delete “until the end of the Period of Maintenance” and substitute “till the end of the
Contract period”
Add the following at the end: -
135.1 Provision of Maintenance and Security
The Contractor shall maintain the document storage container provided by him in a usable state of
repair and shall repair/replace promptly any damaged section or item.
137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF
Add the following:

(a) The Contractor shall pay wages (including all overtime and all allowances) to fulfil the
requirements of Clause 137 of the Standard Specification.

The Contractor will be paid for the wages on a prime cost basis plus a percentage for
overheads and profits under appropriate items in the Bills of Quantities. Overtime will be the
Contractor’s responsibility and rates to be used for the payment of overtime will be the salary
levels defined by the Resident Engineer for his staff.

The payment referred to in this clause shall exclude the cost of maintaining the offices in compliance
with clause 137, paragraphs 1, 2 and 4 of the standard specifications which are deemed to be included
in the rates for providing the Office.The costs, for attendance required by this Clause 137, shall be as
specified in the attached table: -

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 Designation Number
Deputy Director/PE 1
Deputy Director/RE 1
Senior Engineer/A.R.E 1
Engineer 1
Inspector 1
Assistant Engineer-Project 1
Project Inspector 2
Trainee Engineer 1
Laboratory Technician 1
Lab Attendant 1
Surveyor 1
Leveller 1
Chainman 1
Secretary 1
Office Assistant 1
Casual 1

and shall be paid for under Item 01-80-030A of the Bill of Quantities.
In addition to the above listed staff, the Employer will attach under training or internship/Industrial
attachment additional number of technical staff comprising Engineers, Inspectors, Surveyors and
Materials Technologists. These staff shall be paid a stipend as shall be directed by the Engineer and the
Contractor shall be reimbursed under Item 01-80-030A of the Bill of Quantities.

138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD
OF PAYMENT
In addition to provisions of the Clause 138 of the Standard Specification, the Contractor shall when
instructed to do so provide, fuel and maintain in good working conditions, with driver, the number and
type of vehicle specified in the Bill of Quantities for exclusive use of the Engineer and his staff
throughout the Contract. The type and brand of the vehicle must be approved by the Engineer before
supply by the Contractor.

The Contractor shall insure comprehensively the vehicles for any licensed driver and shall provide
competent drivers during normal working hours and whenever required by the Engineer.

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Should any vehicle supplied not be in road worthy condition, the Contractor shall provide equivalent
replacement vehicle until such time as the original vehicle is repaired to the satisfaction of the Engineer
and returned for use.

Payment for the vehicles up to 4,000Km shall be by months. Payment for mileage above 4,000Km shall
be made at a rate per kilometer. The payment shall be inclusive of all fuels, lubricants, servicing,
insurance, maintenance, drivers and repairs. The rate shall include any overtime the driver might be due
or any other allowance to the normal working hours. Payment shall be made under relevant items in
Bills of Quantities No. 1.

The vehicles provided under this clause shall revert to the Contractor.

139 MISCELLANEOUS ACCOUNTS

The Contractor maybe instructed by the Engineer to make payments of general miscellaneous accounts
for such items as stationary, stores and equipment and miscellaneous supervision personnel and claims
or the Engineer may direct the Contractor to purchase or pay for the above. The Contractor will be paid
on a prime cost basis plus a percentage for overheads and profits under appropriate items in the Bills of
Quantities.

140 PAYMENT OF OVERTIME FOR ENGINEER’S JUNIOR STAFF

Delete in the last line the words "shall be at the Contractor's own expense" and substitute with
"including the specified percentage for administrative overheads shall be paid by the Contractor to the
Engineer”.

Add the following

If the Contractor wishes to execute permanent work outside the Engineer's normal working hours, as
stated in Clause 108 of this Specification, then the payment for the overtime for Engineer's support
staff shall be paid by the Contractor, at the latest Ministry of Labour rate.
141 MEASUREMENT AND PAYMENT

Delete Sub-Clause 141 (a) entirely and substitute with:

(a) No Preliminary item has been included in this Contract. All Contractor's mobilization and general
costs shall therefore be included in relevant rates in the Bill of Quantities.

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(b) To (e): Provision and Maintenance of document storage container

Replace b (i) (ii) and (iii) with the following:

The Contractor shall be paid in the following manner:
(i) 100% (one hundred percent) of the sum when the document storage container, as appropriate, has
been erected, furnished, equipped, accepted and handed over to the Engineer.
This payment shall be deemed to cover maintenance and the Engineer may withhold or reduce any
payment if the Contractor fails in his maintenance obligations.

142 ENVIRONMENTAL PROTECTION (where applicable)

The Contractor shall comply with the Statutory Regulations in force in Kenya regarding environmental
protection and waste disposal, and shall liaise with the National Environmental Management Agency
(NEMA).

Within four (4) weeks of the order to commence work, the Contractor shall prepare and submit a
specific Environmental Management Plan for the project and his operations, relating to the approved
Environmental Impact Assessment. The Environmental Management Plan shall outline potential
environmental hazards and risks, and provide an action plan to deal with the hazards, minimise the
risks, and mitigate adverse environmental impacts, and include a general decommissioning plan
covering all relevant aspects of the project. The Environmental Management Plan shall identify
monitoring indicators and reporting requirements.

The Contractor shall be required to submit environmental progress reports to the Engineer every three
(3) months.

The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Engineer;
that the impact of the construction on the environment shall be kept to a minimum and that appropriate
measures are taken to mitigate any adverse effects during the construction.
(a) The Contractor shall exercise care to preserve the natural landscape and shall conduct his
construction operations so as to prevent any unnecessary destruction, scarring, or defacing of the
natural surroundings in the vicinity of the work. Except where clearing is required for permanent
works, all trees, native shrubbery, and vegetation shall be preserved and shall be protected from
damage by the Contractor’s construction operations and equipment. All unnecessary destruction,
scarring, damage or defacing resulting from the Contractor’s operations shall be repaired, replanted,
reseeded or otherwise corrected as directed by the Engineer, and at the Contractor’s expense.

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(b) The Contractor shall ensure that measures are in place to control soil erosion and water pollution,
by use of berms, dykes, silt fences, brush barriers, dams, sediment basins, filter mats, netting,
gravel, mulches, grasses, slope drains, contour banks, and other erosion control devices and
methods. Temporary erosion control provisions shall be coordinated with permanent erosion
control features to assure economical, effective and continuous measures throughout the period of
the works. The Contractor’s attention is drawn to the requirements of Clause 502, in that works
need to be progressively finished so that permanent vegetation can establish quickly to mitigate soil
erosion and erosion of drains.

(c) The Contractor shall provide all the labour, equipment, materials, and means required and shall
carry out proper and efficient measures wherever and as often as necessary to minimise the dust
nuisance.

(d) The Contractor shall comply with all applicable Kenyan laws, orders and regulations concerning the
prevention, control and abatement of excessive noise. Blasting, use of jackhammers, pile driving,
rock crushing, or any other activities producing high-intensity impact noise may be performed at
night only upon approval of the Engineer.

(e) Immediately after extraction of materials, all borrows pits shall be backfilled to the satisfaction of
the Engineer. In particular borrow pits near the project road shall be backfilled in such a way that
no water collects in them.

(f) Spilling of bitumen fuels Oils and other pollutants shall be cleared up.

(g) The Contractor's attention is drawn to the requirements of the Standard Specification in regard to
the environment and in particular to the following clauses:
Clause 115: Construction Generally
Clause 116: Protection from Water
Clause 136: Removal of Camps
Clause 605: Safety and Public Health Requirements Clause
Clause 607: Site Clearance and Removal of Topsoil and Overburden

(h) Payment in respect of this Clause 142 is included as a Lump Sum in the Bill of Quantities. Payment
of the Lump Sum will be by equal monthly instalments over the period of the Contract excluding
the Period of Maintenance. The total sum of the instalments shall not exceed the Lump Sum, and
payment of the monthly instalment will only be made for that month if the Engineer is satisfied that

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 the Contractor has fully complied with the requirements of Clause 142, otherwise the Contractor
shall forfeit such instalment.
SECTION 2: MATERIALS AND TESTING OF MATERIALS

205 SOILS AND GRAVEL

All materials testing shall be in accordance with section 2 of the Standard Specifications

SECTION 3 - SETTING OUT & TOLERANCES

301 SETTING OUT

a) In addition to the provisions of clause 3.01(a) if the traverse points to be used for the setting out
are close to the existing carriageway and interfere with construction works then the Contractor
will have to relocate them to a location where they will not be disturbed. The co-ordinates and
heights of all traverse points so located shall be listed and provided to the Engineer for checking
and/or approval. Contractor shall also monument the new centreline every 200m along straight
and all salient points along curves by a pin in the concrete beacon before commencement of any
works.

The road reserve boundary posts shall have 12mm diameter steel pins embedded in concrete,
200mm long with 25mm exposed to the air, sticking out form its top surface. This pin shall be
co-ordinated and heighted and result of the same shall be provided to the Engineer for approval.
Cost of these works shall be included in the rates as no separate item has been provided.

Commencement of the works shall not be permitted until this basic survey data has been
provided and approved by the Engineer for at least 2 Kms of the road.

b) Detailed Setting Out

Reference pegs shall be 50mm by 50mm in section 600mm long driven 400mm firmly into
ground and painted white above the ground. The offset from centre line shall be indicated by
small nail 20mm to 25mm long with its head driven flush with the top of the peg.

Chainages, offset and reference elevation shall be clearly indicated to the sides of the peg to the
satisfaction of the Engineer.

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 After cutting of benches and prior to commencement of earthworks or subgrade works,
Contractor shall take cross-sections again and submit the copy of the same to Engineer for
agreement. These cross-sections shall then be used as basis of measurement for all subsequent
layers, unless otherwise stated.

SECTION 4- SITE CLEARANCE AND TOP SOIL STRIPPING

401 SITE CLEARANCE

Site Clearance shall be carried out as directed by the Engineer.

REMOVAL OF TOPSOIL

Topsoil shall include up to 200mm depth of any unsuitable material encountered in existing or newly
constructed drains, drainage channels, and accesses.

SECTION 5: EARTHWORKS

504 PREPARATION PRIOR TO FORMING EMBANKMENT

Where benching of the existing pavement is required to accommodate earthworks subgrade or

subbase for widening of the road, the rate for compaction of existing ground shall be deemed to
cover this activity.

Excavation in the pavement of the existing road shall be kept dry. In the event of water
penetrating the underlying layer, construction of the subsequent layers shall be postponed until
the underlying layers are dry enough to accommodate the construction plant without deforming
or otherwise showing distress.

Step construction shall be carried out per layer at the joint where excavating both vertically and
perpendicular to the direction of the travel. The step shall be 500mm perpendicular to the
direction of the travel and 150mm vertical unless otherwise instructed by the Engineer.

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 Special care shall be taken when compacting the new material at the joint ensuring that
specified density is achieved.

505 CONSTRUCTION OF EMBANKMENTS

Only material approved by the Engineer shall be used for fill in embankments.
Material with high swelling characteristics or high organic matter content and any other
undesirable material shall not be used, unless specifically directed by the Engineer. Unsuitable
material shall include:

(i) All material containing more than 5% by weight or organic matter (such as topsoil,
material from swamps, mud, logs, stumps and other perishable material)

(ii) All material with a swell of more than 3% (such as black cotton soil)

(iii) All clay of plasticity index exceeding 50.

(iv) All material having moisture content greater than 105% of optimum moisture content
(Standard Compaction)

Subgrade: Shall mean upper 300mm of earthworks either in-situ or in fill and subgrade shall be
provided for as part of earthworks operation and payment shall be made as “fill”. The material
for subgrade shall have a CBR of not less than 8% measured after a 4-day soak in a laboratory
mix compacted to a dry density of 100% MDD (AASHTO T99) and a swell of less than 1%.

Subgrade repair: Where directed by the Engineer, any localized failure in the subgrade shall
be repaired by filling in selected soft, hard or natural of minimum CBR 30% and compacted in
accordance with clauses in the specifications applying to normal subgrade.

Embankment repair: Where directed by the Engineer, any localized filling in soft, hard or
natural; selected material requirements shall be executed with Clause 505.

508 COMPACTION OF EARTHWORKS

At pipe culverts, all fill above ground level around the culverts shall be compacted to density of
100% MDD (AASHTO T.99) up to the level of the top of the pipes or top of the surround(s), if
any and for a width equal to the internal diameter of the pipe on either side of the pipe(s) or
surround(s) as applicable.

At locations adjacent to structures, all fill above ground level up to the underside of the
subgrade shall be compacted to density of 105% MDD (AASHTO T.99). In case of fill around
box culverts this should be carried out for the full width of the fill and for a length bounded by
the vertical plane passing through the ends of the wing-walls.

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 Notwithstanding the provision of clause 503 of the standard Specification, Compaction of
subgrade material (i.e., material immediately below formation) in cut areas shall not be carried
out by the contractor in areas where the formation is formed in hard material, unless the
Engineer issues specific instructions to the contrary are issued.

Where improved sub-grade material shall be required, this shall be compacted and finished to
the same standards and tolerances as those required for normal subgrade and clauses in the
specifications applying to normal subgrade shall also apply.

511 BORROW PITS

The first part of the Standard Specification is amended as follows: -

Fill material which is required in addition to that provided by excavation shall be obtained from
borrow pits to be located and provided by the Contractor but to the approval of the Engineer
contrary to what has been stated.

517 MEASUREMENT AND PAYMENT

Notwithstanding the provisions of clause 517 of the standard specifications, the rate for
compaction of fill in soft material shall allow for the requirements of clause 508 of the special
specification and no extra payment shall be made for compaction around pipe culverts (100%
MDD AASHTO T.99).
SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS

601 GENERAL
Notwithstanding any indications to the contrary in the Standard specification the Engineer will not
make available to the Contractor any land for quarries, borrow pits, stockpiles and spoil areas, except
for those areas in road reserves specifically approved by him.

The contractor will be entirely responsible for locating suitable sources of materials complying with the
Standard and Special Specifications, and for the procurement, Wining, haulage to site of these materials
and all costs involved therein. Similarly, the contractor will be responsible for the provision and costs
involved in providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the Contractor
may utilise these subject to the approval of the Engineer.

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No additional payment will be made to the Contractor to cover costs arising from the requirements for
this Clause and the Contractor must include these costs in the rates inserted into the Bills of Quantities.

602 MATERIAL SITES

The information on possible material sites is given for the general guidance of bidders. Bidders are
however advised to conduct their own investigation as the information contained therein is neither
guaranteed nor warranted

603 PROVISION OF LAND

Notwithstanding any indications to the contrary in the Standard specification the Engineer will not
make available to the Contractor any land for quarries, borrow pits, stockpiles and spoil areas, except
for those areas in road reserves specifically approved by him.

The contractor will be entirely responsible for locating suitable sources of materials complying with the
Standard and Special Specifications, and for the procurement, Wining, haulage to site of these materials
and all costs involved therein. Similarly, the contractor will be responsible for the provision and costs
involved in providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable
sites for spoil dumps or stockpiles within the road reserve forming the site of the works the Contractor
may utilise these subject to the approval of the Engineer.

No additional payment will be made to the Contractor to cover costs arising from the requirements for
this Clause and the Contractor must include these costs in the rates inserted into the Bills of Quantities.

605 SAFETY AND PUBLIC HEALTH REQUIREMENTS

In addition to clause 605, the contractor shall allow for professionals to conduct lectures to the workers
regarding the spread of HIV/Aids.

SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES

703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES

Unless otherwise instructed by the Engineer, all excavated surfaces in material other than hard material,
on which foundations for structures shall be placed, shall be compacted to 100% MDD (AASHTO
T.99) immediately before structures are constructed.

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Thus in Standard Specification, Paragraph 4, last line: - Replace "95%" with "100%".

707 BACKFILLING FOR STRUCTURES

Unless otherwise instructed by the Engineer, all backfilling material shall be compacted to a minimum
of 100% MDD (AASHTO T.99).

709 EXCAVATION FOR RIVER TRAINING AND NEW WATER COURSES

Payments for river training and establishment of new watercourses shall only be made where such work
constitute permanent works. Works done for road deviation or other temporary works shall not qualify
for payment.
710 STONE PITCHING
Where shown on the Drawings or directed by the Engineer the Contractor shall excavate for, trim to
line and level, provide and lay stone pitching.
Stone pitching shall be formed of hard stone, roughly dressed square. The least dimension of any stone
shall not be less than 200 mm, and the volume not less than 0.01 m3. No rounded boulders shall be
used.
The stones shall be set on edge and securely bedded with the 1arge dimensions at right angles to the
flow of water, fitted closely together so as to leave only a minimum of voids between the stones which
shall be filled in with suitably shaped and tightly wedged spalls. The top of the pitching shall be
finished flush with the adjacent material.
Where grout is specified, 1:4 cement: sand mortar shall be rammed into the wetted interstices and,
smoothed off flush with the pitched face.
711 GABIONS
Where shown on the Drawings or directed by the Engineer the Contractor shall excavate for, trim to
line and level, provide and erect gabions including providing selected rock, crushed if necessary,
packed and compacted inside the gabions.
Gabions shall include gabion mattresses and gabion boxes and for the purposes of construction and
method of measurement and payment no distinction shall be made between them.
Gabions shall be “Maccaferri” boxes and/or “Reno” mattresses both with diaphragms at 1-metre
centres, or similar approved. The maximum mesh size shall be 100 mm x 120 mm for boxes and 60
mm x 80 mm for mattresses. The wire used for the construction of gabions shall unless otherwise
instructed by the Engineer comply with the requirements of Table 7 - 1.
Table 7 - 1
Diameter (mm) Galvanising (g/m2)

Mesh Box 3.4 275

Mattress 2.7 260

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Binder Box 2.2 240
Mattress 2.2 240
Selvedge Box 3.9 290
Mattress 3.4 275

All wire shall be to BS 1052 having a tensile strength of not less than 40kg/mm2.
Galvanizing shall comply with the requirements of BS 443.
Gabions shall be constructed to the shapes and dimensions as shown on the Drawings or given in the
Special Specification or as directed by the Engineer. Gabions, as constructed shall be within a tolerance
of ± 5% on the height or width instructed and ± 3% on the length instructed.
The alignment of the gabion shall be correct within a tolerance of 100mm of the instructed alignment
and the level of any course of gabion shall be correct to within a tolerance of 50mm of the instructed
level. In addition adjacent gabions shall not vary by more than 25mm in line and/or level from each
other.
The surface upon which gabions are to be laid shall be compacted to a minimum dry density of 95%
MDD (AASHTO T99) and trimmed to the specified level or shape.
Joints in gabions shall be stitched together with 600mm minimum lengths of binder wire, with at least
one stitch per 50mm, and each end of the wire shall be fixed with at least two turns upon itself.
Adjacent gabions shall be stitched together with binder wire along all touching edges.
Gabion boxes shall be laid with broken bond throughout to avoid continuous joints both horizontally
and vertically. Pre-tensioning of gabions shall be subject to the approval of the Engineer.
Gabions shall be handpacked with broken rock of 150 mm minimum dimension and 300mm maximum
dimension. The sides shall be packed first in the form of a wall, using the largest pieces, with the
majority placed as headers with broken joints to present a neat outside face. The interior of the gabion
shall be hand packed with smaller pieces and the top layers shall be finished off with larger pieces. The
whole interior and top layers shall be packed tight and hammered into place.
Where instructed by the Engineer the Contractor shall place filter fabric (‘Terram’ or similar approved)
behind gabion faces in contact with existing or backfilled ground.
The Contractor shall ensure that the filter fabric is not damaged during the construction or backfilling
around the gabion works and any damaged or torn fabric shall be replaced at the Contractor’s expense.
The filter fabric shall be installed in accordance with the manufacturers instructions and the filter fabric
shall not be left exposed to sunlight for more than 3 weeks.
At the back face and ends of completed gabion work or where shown on the Drawings or instructed by
the Engineer the existing soil shall be backfilled, thoroughly compacted against the sides of the gabions
and finished flush with the top surface of the gabion.
On completion of gabion construction the exposed joints shall be painted with a thick bitumen to the
approval of the Engineer to discourage vandalism.

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712 RIP-RAP PROTECTION WORK
Quarry waste or similar approved material shall be used to backfill scoured and eroded side, outfall and
cut-off drain. The material shall be compacted to form a flat or curved surface preparatory to stone
[pitching of drainage channels, existing and new scour checks as directed by the Engineer.

The surface to receive the pitching shall be compacted and trimmed to slope and the stone hand laid,
interlocked and rammed into the material to give an even finished surface. The interstices of the
Pitching shall be rammed with insitu material. The insitu material immediately behind the pitching
shall be compacted to minimum density of 100% MDD compaction (AASHTO T.99)

714 BACKFILL BELOW STRUCTRURES

Where instructed this shall be carried out in compliance with the requirements of Clause 507 and 804
of the Standard Specification.

SECTION 8 - CULVERTS AND DRAINAGE WORKS

801 SCOPE OF SECTION
The operations specified in this section apply to the installation of drainage works and reinstatement
and improvement of the same.

In addition, this Section covers: -

- Extending of existing 450mm, 600mm and 900mm diameter pipes to be compatible with
the increased road width or access.

- Desilting and cleaning of existing pipes and outfall drains to make them free flowing.

804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS

In the Standard Specifications, make the following amendments: -

(a) In paragraph 6, line 3, and in paragraph 7, line 5 and in paragraph 11, line 6, delete "95%"
and insert "100%".

(b) Removal of Existing Pipe Culverts

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 Where instructed by the Engineer, the Contractor shall excavate and remove all existing blocked
or collapsed culvert pipes of 450mm, 600mm and 900mm diameter including concrete
surround, bedding, inlet and outlet structure.
The void left after removal of culvert pipes shall be widened as necessary to accommodate new
concrete bedding, pipe and haunching.
The payment of this work shall be per linear metre of pipes removed, and the volume in m3 of
inlet/outlet structure removed. The void left by removal of these pipes shall be carefully
preserved in order to accommodate replacement of 450mm, 600mm or 900mm diameter
pipe culverts as shall be directed by the Engineer.

(c) Removal of Other Existing Drainage Structures

When instructed by the Engineer, the Contractor shall demolish or remove any other structure
and payment for this shall be made on day work basis.

(d) Excavation for Culverts and Drainage Works

The Contractor shall carry out all excavations for new culverts and drainage works to the lines,
levels, inclinations, and dimensions shown on the drawings or as instructed by the
Engineer.

805 EXCAVATION IN HARD MATERIAL

In the Standard Specifications, Sub-clauses 805(a) and 805 (b) delete "95%" and insert "100%".

In sub-clause 809(a), paragraph 1, line 1, substitute "95%" with "100%".

In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and shaped"
insert the words "to 100% MDD (AASHTO T.99)".

Hard material is material that can be excavated only after blasting with explosives or barring and
wedging or the use of a mechanical breaker fitted with a rock point in good condition and
operated correctly. Boulders of more than 0.2m3 occurring in soft material shall be classified as
hard material.

809 BEDDING AND LAYING OF PIPE CULVERTS

Concrete pipes shall be laid on a 150mm thick concrete bed of class 15/20 and the pipes shall be
bedded on a 1:3 cement: sand mortar at least 50mm thick, 150mm wide and extending the full
length of the barrel.

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 The rates inserted shall allow for compaction of the bottom of excavation to 100% MDD
(AASHTO T.99).

810 JOINTING CONCRETE PIPES

The concrete pipes for the culverts shall have ogee joints and will be joined by 1:2 cement: sand
mortar and provided with fillets on the outside as described in clause 810 of the Standard
Specification.

812 BACKFILLING OVER PIPE CULVERTS

In the Standard Specifications, clause 812

a) Wherever the expression "dry density of 95% MDD (AASHTO T. 99)" occurs delete and
replace with "dry density of 100% MDD (AASHTO T.99)".

The rates entered for laying of pipe culverts shall allow for backfilling to pipe culverts and
compacting to 100% MDD (AASHTO T.99) and these works shall not be measured and paid for
separately.

814 SUBSOIL DRAINS

In the event of excavation for repairs exposing local seepage, springs or unacceptably high-water table,
the Engineer may instruct the provision of counter fort or French drains.

These drains shall consist of a trench excavated to the alignment, width, depth and gradient instructed
by the Engineer, and backfilled with approved compacted clean hard crushed rock material as specified
in clause 815 of the standard specification. Where these drains lie within the carriageway the
carriageway shall be reinstated with compacted stabilised gravel and surfaced with hot asphalt or a
surface dressing as instructed by the Engineer.

815 INVERT BLOCK DRAINS AND HALF ROUND CHANNELS

Invert Block Drains and Half Round Channels shall be constructed as shown in the drawings provided
in accordance with the Standard Specifications where directed by the Engineer.

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817 REPAIRS TO DRAINS

817.1 Cleaning, construction and Repair of Existing Drains

In areas of existing side drains, mitre or outfall drains where such are blocked, the Engineer shall
instruct the Contractor to clean and clear the drains to free-flowing condition.

The work shall consist of:

(a) Stripping and removal of any extraneous material to spoil including vegetation
and roots in the drains to the satisfaction of the engineer.

(b) Spreading of any spoil to the satisfaction of the Engineer.

Shaping the drains to free-flowing condition as directed by the Engineer and: -

i. Removing any broken side slabs for inverted block drains and replacing with new ones.
ii. Or removing any broken inverted block drains and replacing with Concrete class 20/20 and
A142 BRC reinforcement.

Measurement and Payment for cleaning drains shall be by linear metre of drain cleaned measured as
the product of plan area and vertical depth of extraneous material instructed to be removed. Where
insitu concrete is used measurement will be on cubic metre of concrete and BRC area or weight in
relevant unit e.g., Kg, Tonnes etc. No extra payment will be made for removal of vegetation and roots.

817.2 Channels
The Engineer may instruct that the Contractor provides open channels in place of existing subdrains
where the latter may be damaged or in any other place. The rates entered by the Contractor in the bills
of quantities must include for removal and disposal of any subdrain material, excavation to line and
level, backfilling and compaction as directed by the engineer. The channels shall be constructed of
precast class 20/20 concrete of minimum 80mm thickness and lengths or widths not exceeding
1000mm. Joints shall be at least 15mm wide filled with 1:2 cement sand mortar.

817.3 Rubble fills for protection work

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Quarry waste or similar approved material shall be used to back fill scoured and eroded side, outfall
and cut-off drains. The material shall be compacted to form a flat or curved surface preparatory to stone
pitching of drainage channels, existing and new scour checks as directed by the Engineer.

817.5 Gabions
Gabions shall be constructed in accordance with clause 711 of the standard Specification.

817.6 Spoil Material

The Contractor shall be responsible for removal from site of all materials excavated in the course of
undertaking works in this section of the specifications, unless suitable for re-use, and deposit of the
material in a spoil dump to be approved by the Engineer.

818 SCOUR CHECKS

Scour checks are to be constructed in mass concrete in accordance with clause 818 of the standard
Specifications and the drawings as shall be provided.

819 CLEANING AND MAINTENANCE

819.1 Desilting of Pipe Culverts

Where instructed, Contractor shall desilt the existing pipe culverts by removing all the material from
the pipe to make them clean and free flowing.

Measurement and payment shall be by the linear metres of pipes de-silted, regardless of diameter size.

SECTION 9 - PASSAGE OF TRAFFIC

901 SCOPE OF THE SECTION
Add the following Sub-Clauses to Clause 901
(i) Programme for Passage of Traffic
Following the award of the Contract, the Contractor shall submit to the Engineer a detailed Programme
for Passing of Traffic. Such programme shall be approved by the Engineer before the Contractor
commences work, and shall show amongst other things the method of protection of the public and give
details of the hours of operation, location types and numbers of traffic safety devices, barricades,
warning signs, flagmen and the like. The Programme for Passing of Traffic shall be in accordance with

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and complementary to the Programme of Works submitted under Clause 8 of the Conditions of
Contract.
In the preparation of this programme of Passage of Traffic, the Contractor should take into
consideration the following: -

The Contractor shall conduct his operation in such a manner that no greater length or amount of work is
undertaken than he can carry out efficiently having due regard to the rights and convenience of the
public.
If the Contractor proposes a road closure he shall provide an alternative routing of the traffic which
must be approved by the Engineer.
No revisions shall be made to the approved Programme for Passing of Traffic without the prior written
permission of the Engineer, and the Contractor shall allow 7 days for the Engineer to review any
request for a revision of the Programme for Passage of Traffic.
The Programme for Passage of Traffic shall conform in all aspects with the requirements of this Special
Specification.
Temporary road signs, lights, marks, barriers, etc. for construction shall be in accordance with the laws
of Kenya and shall include approved warning, mandatory, prohibitory and priority signs to the
satisfaction of the Engineer, including, but not be limited to, signs giving warning of construction
works, reduction in speed, overtaking prohibited, road narrows, etc. Under no circumstances will work
be allowed on the carriageway or shoulders of the road without such signs in both directions.

(ii) Passage and Control of Traffic

It is the intention of the Contract that public traffic should be able to pass along the sections of
the works at all times during construction, within the road reserve in all weather conditions. For this
purpose, the Contractor will be required to order this work in such a way as to assure that no less than a
single lane at least 4.0 m wide with adequate drainage system and reasonable riding surface free of dust
is available for public traffic at all times and he shall furnish sufficient police assistance, guards,
temporary traffic lights, road signs and barriers, competent flagpersons and the like to control and
regulate the flow of traffic under one-way traffic operations.

Sections of road where possible to carry traffic in two directions but with single lane width shall be
regulated by temporary electric traffic lights and shall not be longer than 800 m. The Engineer may in
exceptional circumstances allow longer sections where in his opinion this is unavoidable.
Where such sections are not more than about 100 m in length and have a clear line of sight from one
end to the other, the Engineer may allow manual traffic regulation by flagmen, rather than traffic lights,
during daylight hours only. When electric traffic lights are in operation, the Contractor shall at all times
have available complete reserve equipment and spare parts.

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The frequency and duration of delays to traffic while passing through, over or across the Works, shall
be kept to a minimum. They shall, in no case exceed half an hour and should normally be less than 20
minutes. Any method of working which requires road closures in excess of 30 minutes shall be the
subject of 48 hours prior notice to and agreement of the Engineer, who may refuse to allow such
closure.

The Contractor shall take particular care, when passing traffic through the Works that all excavations
and other hazards are properly protected with barriers and are illuminated at night.

The Contractor is placed on notice that maintenance of existing as well as diversion roads and
protection of traffic through the Works during construction is considered as important as the
construction itself. The Contractor shall all times, conduct his operations in a manner to ensure the
convenience and safety of motorists, pedestrians, adjoining property owners and the safety of his
employees and those of the Engineer.
903 MAINTENANCE OF EXISTING ROADS
The Engineer shall hand over the existing road to the Contractor, in sections, at the commencement of
the contract for construction purpose. However the contractor shall be responsible for all repairs and
maintenance of the entire road for the duration of the contract. In sections where the diversion is on an
existing bitumen surfaced road ( i.e at the proposed interchange sections) the contractor shall construct
the diversion and maintain it with materials similar to those of the existing pavement layers or as
instructed by the Engineer. The contractor shall regularly inspect the road and carry out such repairs
and maintenance to the satisfaction of the Engineer. If at any time the engineer draws the Contractor’s
attention to a road section which requires maintenance the contractor shall promptly repair the section.
The contractor shall be legally responsible for any accident or damage attributable to his failure to
maintain the road.
904 CONSTRUCTION OF DEVIATIONS

Add the following:

(a) Length
The contractor shall program his works in such a way that traffic shall not be required to pass
over more than 5 km at any one time unless otherwise approved by the Engineer.The total length
of the deviations to be constructed is approximately 50 km.

(b) Geometry
The carriageway width of the deviations shall not be less than 8.0m wide with adequate drainage
and suitable for 2-way lorry traffic unless otherwise specified. The Contractor shall allow in his
rate for removal of any unsuitable material before placing of gravel wearing course, as this will
not be paid for separately.

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 (c) Pavement Structure at the existing bitumen surfaced road
The pavement structure for the deviations shall consist of the following;
.
o Natural gravel base- 150 mm
o Double seal surface dressing as instructed by the Engineer

(d) Gravel base (Base quality gravel material)

o Unless otherwise instructed gravel base for the deviation shall be 150 mm
compacted thicknesses complying with section 10 of the Standard
Specification. The Contractor shall allow in his rate for removal of any
unsuitable material, opening side drains and backfilling as necessary before
placing of gravel wearing course, as this will not be paid for separately.
o In addition to provision of this clause, Contractor is required to sprinkle water
at least 4 times a day at the rate of 1 - 1.4 litres/m2 in regular interval to
minimise the effects of dust. Latest sprinkling time shall be one hour before
the sunset.

906 PASSAGE OF TRAFFIC THROUGH THE WORKS

The contractor shall be deemed to have inspected the site and satisfied himself as to the
adequacy of his bid for these works and no additional payments will be made for any
expenditure on traffic control. Should the contractor propose any other method of passage
of traffic e.g. Construction of traffic deviations use of existing roads etc. the contractor shall
investigate the alternatives, construct and maintain them to the satisfaction of the Engineer. The
Employer shall not be liable for investigations or costs arising from the alternatives methods of
traffic control proposed by the contractor. Deviations or other measures for traffic control where
proposed by the contractor shall meet the requirements of the Specifications and drawings and
be approved by the Engineer.

The contractor shall ensure that the workforce and site supervisory staff at all times wear high
visibility garments when work is carried out on or adjacent to a section of the road open to
traffic. The contractor shall ensure that the supervisor or person in charge of the work force is
readily recognized from the rest of the workforce. In addition, the contractor shall provide a full
time traffic safety officer to co-ordinate aspects of road safety for the whole site.

The Contractor shall be deemed to have included all costs related to employing the traffic safety
officer and for all the duties performed by him, in his rate for passage of traffic.

907 SIGNS, BARRIERS AND LIGHTS

Add the following to Clause 907:

The Contractor shall be responsible for the provision, erection, maintenance and removal of all
temporary signs and barriers necessary for safety and convenience, to pass traffic not only upon

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 the sections of the existing road to be upgraded, but also on all minor and private roads off the
site of the Works which are used as deviations.

Temporary "Advance Detour Signs" shall be erected before any road junction and a "Detour
Sign" shall be erected at the junction of the deviation route and other minor roads where there is
any possibility of the diverted traffic mistaking the route of the detour, and there shall be
mounted on the same posts, a sign bearing the inscription "Detour".

In addition, any hazard such as a narrow bridge, drift, level crossing, steep hill, sharp bend, etc.
occurring on the deviation shall be marked by the Contractor with the appropriate sign, if the
existing sign is inadequate or none exists. All sharp bends and all places where the shoulder is
higher than 2.0 m above the natural ground shall be marked with painted posts.

909 ASSISTANCE TO PUBLIC

Add the following:

The Contractor shall be responsible for safety maintaining and directing traffic through or
around any part of the Works included in the Contract, with the maximum practical
convenience, for the full twenty four hours of each day.

The Contractor shall render to the public all possible assistance when they are passing over
roads maintained by him and over minor, private or temporary roads or bridges when used as
deviation or when passing through the Works.

Whenever the Contractor's operations create a condition hazardous to traffic or to the public, he
shall furnish, erect and maintain such fences, barricades, lights, signs and other services, as are
necessary to prevent accidents or damage or injury to the public.
The Contractor shall also furnish such guards and flagmen as are necessary to give adequate
warning to traffic or to the public of any dangerous conditions that might be encountered and
shall provide prompt assistance to any vehicle experiencing difficulty in passing over the Works
under construction, or through any diversions or roads maintained by the Contractor, if
necessary by providing a towing vehicle, labour and tow rope to assist such vehicles.'

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective
measures, as above provided, the Engineer may direct attention to the existence of hazard, and
the necessary warning and protective measures shall be furnished and installed at the
Contractor's expense. Should the Engineer point out the inadequacy of warning and protective
measures, such action on the part of the Engineer shall not relieve the Contractor from
responsibility for public safety or relieve him of his obligation to furnish and pay for these
devices.

911 CONTRACTOR'S CONSTRUCTION TRAFFIC

Add the following new Clause 911.1 and 911.2.

911.1 Insurance

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 The Contractor's attention is particularly drawn to Clause 18, "Insurance” of the Conditions of
Contracts, and the Contractor shall indemnify the Employer against and shall insure against all
losses and claims for injuries or damage to any person or any property which may occur due to
the passing of traffic, whether through the Works, or on specially constructed deviations, or on
existing public or private roads used as deviations.

911.2 Penalty for failure to comply with these specifications

If, in any month, the Engineer is not satisfied that the Contractor has fully complied with any
provisions or instructions under Section 9 of the Specifications, the Employer shall withhold the
whole of the installment or payment due to the Contractor for the relevant item of work stated in
the Bills of Quantities. Failure or refusal by the Contractor to maintain deviations, improve and
maintain the existing roads ahead of the works, or failure to take the necessary actions for the
safety and convenience of the public traffic within the time instructed or as required by
Statutory Authorities shall be sufficient cause for the Employer to apply a deduction of
Kshs.150,000/=(One Hundred and Fifty Thousand shillings) per day from any monies due to
the Contractor, until all provisions and instructions prescribed have been complied with to the
satisfaction of the Engineer. Provided further that where notified by the Engineer and the
Contractor fails to complete improvement or maintenance of any section of existing road or
deviation within 14 days of the Engineer’s notice thereof, the Employer shall deduct Kshs
400,000/= (Four hundred thousand shillings) per day.

912 MEASUREMENT AND PAYMENT

Item: Construction of Deviation

Insert the following immediately below the heading of this Clause in the Standard Specification:

The Contractor shall be deemed to have allowed elsewhere in his rates and prices for any
differences between the actual cost of carrying out the works and the Lump Sum amounts for
the said works priced by the contractor in the Bills of Quantities.

Delete the contents of the last paragragh of sub-clause 912(b) and substitute with the following:

The rate for construction of deviation shall include the cost of complying fully with the
requirements of Clause 904 of this specification (for removal of any unsuitable material,
construction of side drains and temporary culverts, providing, placing, forming, mixing and
compaction of the gravel wearing course) for the deviation.

Unit: Kilometers

Construct and maintain Deviation shall be measured to the nearest 0.1 km along the centreline
of the deviation road and paid for from the relevant item in the Bills of Quantities. The
Contractor shall be paid 70% of the billed amount when he completes construction of the
deviation road to the satisfaction of the Engineer. The balance shall be paid in equal monthly
installments during the remaining period of the contract, excluding the period of defects

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 liability, provided that the contractor has satisfactorily maintained the deviation in accordance
with Clauses 904 and 905 of the Specification when the deviation road is in operation.
Payments for this item shall be subject to recoveries and deductions that become due under this
Clause as a result of any failure by the contractor to carry out maintenance of the deviation road
as required.

If the Contractor fails to construct and / or to maintain diversions at the proper time, or to take
the necessary precautions for the safety and convenience of public traffic as required by
statutory authorities or as ordered by the Engineer, the Employer may engage other contractors
or use the services of others to maintain the diversion. The actual cost of such maintenance shall
be deducted from the Contractor's interim payment certificate.

It is the Contractor's responsibility to plan and execute the construction of any diversions
deemed necessary during construction work. Prior approval of the diversion routes must be
cleared with the landowners concerned and the Engineer before commencing the construction of
any diversion.

Delete the contents of of sub-clause 912(e) to (h) entirely.

Item: Maintain the passage of traffic

Unit: Lumpsum

Add the following:

Payments for this item shall be made under Bill item 9-60-001 and shall be subject to
recoveries and deductions of Kshs. 50,000/day that become due under this Clause as a result
of failure by the contractor to maintain passage of traffic as required.
The rate shall include the cost of maintain existing roads ahead of works. Maintenance
include repair of potholes with GCS, Compaction, priming and sealing with asphaltic concrete.
The rate shall also include the cost for complying with the requirements of clause 902 of the
Specification and as directed by the engineer

On completion of the Works, the Contractor shall remove all temporary diversions, haul roads,
access ramps and signs and barriers, etc. and restore the land to its original condition unless
otherwise instructed by the Engineer.

Item: Assistance to Public

The Contractor will be deemed to have included cost of this item in other items and no separate
payment shall be made.

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SECTION 10: GRADING AND GRAVELLING

1001 SCOPE:
Grading covers the works involved in the reinstatement of the carriageway to the camber by removing
the high points and filling up gullies corrugations and wheel ruts to restore smooth running surface.
Gravelling consists of excavation, loading hauling and spreading of gravel wearing course material on
the formation of carriageway. Gravel shall include lateritic gravel, quarzitic gravel, calcareous gravel,
decomposed rock, soft stone coral rag, clayey sand and crushed rock.

The material may be obtained from borrow pits or excavation in cuttings. Gravel material shall
conform to the requirement given in Table 10.1

Table 10.1: Requirement for Gravel Wearing Course

GRADING REQUIREMENTS
AFTER COMPACTION
PLASTICITY INDEX
REQUIREMENTS PI
Sieve % by Weight
Passing
(mm) Zone Min Max
40 100
28 95 – 100
WET 5 20
20 85 – 100
14 65 – 100
DRY 15 20
10 55 – 100
5 35 – 92 BEARING STRENGTH
2 23 – 77 Traffic
REQUIREMENTS DCP
1 18 – 62 VPD
Commercial CBR Equivalent
0.425 14 – 50 mm/Blow
0.075 10 – 40 Greater than 15 25 11
Less than15 20 14
CBR at 95 % at MDD, Modified AASHTO
and 4 days soak
Lower quality material (CBR 15) may be
accepted if no better material can be found
NB: Wet Zone - mean annual rainfall greater than 500 mm.
Dry zone - mean annual rainfall less than 500 mm.

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The Engineer shall approve quarries and their extent of exploitation. The quarries shall be shown to the
Contractor prior to commencement of the Works. The Contractor shall be responsible for the
acquisition of the quarry rights and shall therefore conduct respective negotiations with landowners and
affected communities.

Alternative sources of gravel material whose quality can be shown to be in compliance with the
specification requirements may be used, with the proviso that the Employer is not to incur additional
expenses in connection with its winning and haulage. Contractor is deemed to have included in his rates
for the provision of the gravel material to have included the cost of complying with the testing
requirements.

1002 Removal of Overburden

The Item consists of excavation of overburden including loading, hauling and stockpiling at the
approved locations. The thickness of the overburden layer to be removed shall be determined from the
depths of the trial pits dug at a 30m grid within the quarry area.

The overburden shall be removed and deposited neatly in order to use it again to reinstate the quarry at
the end of improvement work.

Work Method:
The contractor shall use labour or equipment to carry out this item of work

Quality Control
• The location and manner of stock piling of the overburden for the reinstatement of the
quarry shall be visually checked

Measurement and Payment

No separate measurement and payment shall be made for removal of overburden and contractor
shall be deemed to have allowed in his rates and prices for the cost.

1003 Excavation of Gravel

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The gravel shall be excavated from quarries approved by the Engineer. It is the Contractors obligation
to inform the Engineer in the case that the quality / availability of the gravel changes during the course
of excavation.

Oversize stones and boulders shall be removed from the excavated gravel and deposited outside the
quarry at locations approved by the Engineer. Such stones and boulders may be reused for structures
and scour checks

Work Method

(i) Labour based methods

The contractor shall excavate and stockpile the gravel in bays for efficient loading
by labour.

(ii) Equipment methods

The Contractor shall excavate the gravel and stockpile in heap(s) for the efficient
loading by equipment.

Quality Control

• The widths of the loading bays shall be checked before excavation can commence.

• The loading bays shall be checked to ensure it is free draining.

Measurement and Payment

No separate measurement and payment shall be made for excavation of gravel and contractor
shall be deemed to have allowed in his rates and prices for the cost.

1004 Haulage

This activity involves loading of excavated gravel, haulage by appropriate equipment and off-loading
of the same as specified in the drawings or as directed by the Engineer. Where the loads delivered in

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any load falls short of agreed equipment capacity, dumping shall not be permitted unless the agreed
spacing is adjusted accordingly.

Where loads supplied are found to contain material other than from the approved quarry and thus of
unacceptable quality, the Engineer shall cause them to be removed from site at the contractor's expense.

Work Method
The Contractor shall use a combination of both Labour and equipment to carry out this Item
work.

Quality Control

• No haulage equipment shall be used unless its capacity has been ascertained the
Engineer.

• The quality of gravel dumped on the carriageway/carriageway shall be visually checked

daily.

• The quantity of material delivered in each load shall be checked before dumping is
allowed.

• The distance between the stacks shall be checked using tape measure.

Measurement and Payment

No separate measurement and payment shall be made for haulage of gravel and contractor shall
be deemed to have allowed in his rates and prices for the cost.

1005 Spreading and compaction of gravel

i. Labour methods ii. Equipment methods

This activity involves spreading gravel material, shaping to ensure uniform thickness of the
layer across the full width of the carriageway and to the specified camber. Spreading also
includes, removing any oversized stones or boulders which cannot be broken down to required
size, spoil dump.

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 Where water needs to be added, it shall be applied in an even manner and the rate of application
shall be such that no transverse or longitudinal flows occur. Unless otherwise instructed by the
Engineer, the moisture content shall be within the range of +/- 2% of the optimum moisture
content. Compaction will be carried out as specified in 5.05.

Work Method

The Contractor shall use Labour or Equipment to carry out this Item work.

Quality Control

• The gravel surface width shall be checked at every 100m interval using tape measure
and shall have tolerance of + / - 50mm.

• Trial holes at every 100m shall be used to check the gravel surface thickness and shall
have a tolerance of + 5mm / - 0mm.

• The camber cross fall shall be checked at every 50m and the maximum tolerances shall
be + / - 1 %

• The longitudinal profile shall be checked with every load to ensure a smooth surface
with no corrugations or depressions

Measurement: m3

The unit of measurement shall be in cubic metres of compacted material on carriageway

Payment

The unit rate shall be the full compensation for labour, tools, equipment and any incidental costs
required for carrying out the work.

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1006 Carriageway Grading

i)Light Grading

This activity shall consist of trimming of the carriageway to control roughness and corrugations
using either a towed grader or a motorized grader. The width of the carriageway shall be as
specified in the drawings or as directed by the Engineer.

Pegs 200 to 300mm shall be placed at 10 to 20 m intervals to mark edge of the carriageway.

The material shall be bladed toward the center of the carriageway starting from both edges to
the specified camber.

Work Method

The contractor shall use equipment to carry out this item work.

Quality Control

• The width of the carriageway shall be checked using tape measure at every 10m with
tolerance of +50mm or -20mm.

• The camber shall be checked using camber board at every 5m with and shall have a
tolerance of +/- 1%

Measurement: m2

The unit of measurement shall be square meters of carriageway graded.

Payment

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 The unit rate shall be the full compensation for labour, equipment and any incidental costs
required for carrying out the work.

ii)Heavy Grading and Compaction

This activity shall consist of scarifying of the existing carriageway/carriageway surface, cutting
high spots and moving materials to fill potholes, corrugations and wheel ruts and reshaping of
the surface to the specified camber, using either towed or motorized grader. All loose rocks,
roots grasses shall be removed and disposed well clear of the drains.

Pegs 300 to 400mm shall be placed at 10 to 20 m intervals to mark edge of the carriageway.

The material shall be bladed toward the center of the carriageway starting from both edges until
the specified camber is achieved. Compaction will be carried out as specified in 5.05.

Work Method

The contractor shall use equipment to carry out this item work.

Quality Control

• The width of the carriageway shall be checked using tape measure at every 10m with tolerance
of + 50mm or -20mm.

• The camber shall be checked using camber board at every 5m with and shall have a tolerance of
+/- 1%

Measurement: m2

The unit of measurement shall be square meters of carriageway graded.

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 Payment

The unit rate shall be the full compensation for labour equipment and any incidental costs required
for carrying out the work.

1007 Restoration of Quarries and Borrow pits

The ground shall be levelled, topsoil hauled back and uniformly spread over the entire
exposed/excavation area.

Adequate drainage provisions shall be made to protect excavation areas. Where necessary appropriate
protection measures may be taken to avoid erosion of the spread topsoil layer. Grass and trees may be
replanted as directed by the Engineer.

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SECTION 11 – SHOULDERS TO PAVEMENT

1101 GENERAL

Shoulders shall be constructed in accordance with guidelines given in 1102 and as directed by the
Engineer.

For sections where shoulders are extremely low and requires fill material before the shoulder is
reconstructed, the construction of fill embankment shall be in accordance with Section 5 of this
specification.

1102 MATERIAL FOR CONSTRUCTION OF SHOULDERS

Low shoulder shall be reconstructed by cutting benches, filling and compacting approved fill material
to form the formation to the shoulders.

The gravel material shall have a minimum CBR of 25 at 95% MDD (AASHTO T180) and 4 days soak.
The gravel shall also be within a Plasticity Index of 15-20.

Shoulder reconstruction shall be same in all sections including the slip roads.

1106 MEASUREMENT AND PAYMENT

Payment for shoulder construction shall be in accordance with the relevant clauses in the bill of
quantities.

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SECTION 12 - NATURAL MATERIAL SUBBASE AND BASE

1201 GENERAL

Where instructed by the Engineer, the Contractor shall undertake repairs, widening and reprocessing to
the existing carriageway and shoulders in accordance with sections 12 and 14 of the Special
Specifications.
a) Areas to be scarified and reprocessed

The contractor will scarify, add new material and reprocess sections as determined by the
Engineer.

b) Pavement repairs

The Contractor will carry out repairs to base and subbase as directed by the Engineer and
according to Specifications given in Sections 12 and 14 of the Standard Specifications.

c) Pavement widening

The Contractor shall, as directed by the Engineer, bench and compact the subgrade to 100%
MDD (AASHTO T99), provide lay and compact material for subbase and base as directed by
the Engineer and in accordance with Sections 5 and 12 of the Standard Specifications.

1203 MATERIAL REQUIREMENTS

Natural materials for base and subbase shall conform to the specifications given in Section 1203 of the
Standard Specifications for Road and Bridge Construction for cement and lime improved base and
subbase..

1209 MEASUREMENT AND PAYMENT

Natural material for subbase and base shall be measured by the cubic metre placed and
compacted upon the road calculated as the product of the compacted sectional area laid and the
length.

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 1210 HAND PACKED STONE
Hand packed stone base is a layer of hand laid stone of defined size and durable in nature, laid in
a manner such that when proof rolled and compacted it forms a stable and dense matrix as a road
base.

a) Material for Hand Packed Stone Base

This shall consist of durable stone with nominal base dimensions of 75 mm square and
minimum height of 150 mm or when compacted to give a layer of 150 mm. The stone
shall be class C with the following requirements:
LAA 45 max
ACV 32 max
SSS 12 max
FI 30 max
CR 60 min.
It shall be free from foreign matter. The fines passing 0.425 mm sieve shall be
NONPLASTIC

b) Laying
The stone shall be laid by hand closely together. The stone shall be carefully bedded and
tightly wedged with suitable spalls. The base of the stone shall alternate with the apex in
all directions or as directed by the Engineer. The layer shall be proof rolled with a
loaded scrapper or truck with a minimum axle load of 8 tonnes in the presence of the
Engineer who shall approve of its stability before compaction.

c) Compaction
This shall be by a steel wheeled roller of at least five tonnes per metre width of roll. It
shall consist of four static runs or until there is no movement under the roller. There
shall follow vibratory compaction until an average dry density of 85% minimum of
specific gravity of stone has been achieved. No result shall be below 82% of specific
gravity. The surface of the compacted layer shall then be levelled by quarry dust (0/6
mm). The dust shall have the following specifications:

The stone shall be class C

Grading
Sieve Size % Passing

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 10 100
6.3 90-100
4 75-95
2 50-70
1 33-50
0.425 20-33
0.300 16-28
0.150 10-20
0.075 6-12

The dust shall be free from foreign matter and fines passing 0.425 mm sieve shall be
NON-PLASTIC. The maximum layer shall be 40 mm or as directed by the Engineer

d) Measurement and Payment

Payment shall be by the cubic metre laid (m3). Measurement of volume shall be
determined as the product of length and compacted thickness laid. The rate quoted for
this item should include the cost for laying the levelling quarry dust layer, as no extra
payment shall be made for this layer.

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1211 REPROCESSING EXISTING PAVEMENT LAYERS

2.5.1 General

The existing surfacing and the base shall be reprocessed with additional material and the composite
mixture shall be compacted to form the subbase layer.

Before commencement of the work the Contractor shall propose plants and equipment he proposes to
use for this activity.

The Contractor after approval of his proposal shall carry out test section in accordance with Section 3
of the Standard Specifications.

2.5.2 The existing surfacing and base course shall be broken up to specified depth and
reprocessed in place, where required. The underlying layers shall not be damaged, and
material from one layer may normally not be mixed with that of another layer. Where
unauthorized mixing occurs or where the material is contaminated in any way by the
actions of the Contractor, and the contaminated material does not meet the specified
requirements of for the particular layer, he shall remove such material and replace it with
other approved material, all at his own expense.
2.5.3 Any mixture composition of the new layer must not contain more than 30% of the
bituminous material by volume. The mixture must not contain pieces of bound
bituminous material larger than 37.5mm, and any such material shall be removed at the
Contractor’s cost.
2.5.4 The requirements for imported material used in the respective pavement layers shall
comply with the limitations, norms, sizes and strengths specified in the Standard
Specifications clause 1203(b) and (d) and shall be worked as per Section 14 of the
Standard Specification.
2.5.5 Material reworked in-situ or that obtained from existing pavement is not expected to
comply with the material requirements but the reworking should achieve the specified
requirements.
2.5.6 Where the thickness of any existing pavement layer requires to be supplemented within
reprocessing and the thickness of the additional material after compaction will be less than
100mm, the existing layer shall be scarified to a depth that will give a layer thickness of at
least 100mm after compacting the loosened existing and the additional material.

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Controlling the Reworked Depth

The Contractor shall submit a proven method to method to control the depth of excavation, or layer to
be reworked, to the Engineer for approval. The Engineer may order a trial section to be reprocessed
before any major length of the road is rehabilitated.

Excavations

Excavations in the pavement shall be kept dry. In the event of water penetrating the underlying layers,
construction of the consecutive layers shall be postponed until the underlying layers are dry enough to
accommodate the construction plant without deforming or otherwise showing distress.
Step construction shall be carried out per layer at the joint when excavating, both longitudinally (if
appropriate) and perpendicular to the direction of travel. The step width shall be 500mm perpendicular
to the direction of travel, and 150mm long longitudinally, unless otherwise instructed by the Engineer.
Special care shall be taken when compacting the new material at the joint, ensuring that the specified
density is achieved.

Measurement and Payment

(a) Item: In-situ reprocessing of existing pavement layers as subbase compacted to specified
density (95% MDD AASHTO T180) and thickness.

Unit: M3
The tendered rate shall include full compensation for breaking up the existing pavement layer to
specified depth, breaking down and preparing the material and the spreading and mixing in of any
additional material

(a) Item: The addition of extra gravel to subbase.

Unit: M3

The tendered rate shall include full compensation for procuring and addition of the material to the
in-situ scarified layers and the transportation of the material over unlimited free-haul distance. The
tendered rates will also include full compensation for prospecting for materials and any payments
necessary to acquire the specified quality material.

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 (b) Excavation of existing bituminous pavement materials including unlimited free-
haul.

Unit: M3

The tendered rates shall include full compensation for excavating the existing bituminous material
from the pavement layers and for loading, transporting the material for unlimited free-haul, off-
loading and disposing of the materials as specified.

(c) Excavation of the existing pavement

Unit: M3

The tendered rate shall include full compensation for excavating the existing material from the
pavement layers and for loading, transporting the material for unlimited free-haul distance, off-
loading and disposing of the material as specified.

Payment will only be made for breaking up and excavating existing pavement layers to the
specified depth if the material is to be removed to spoil.
SECTION 13 - GRADED CRUSHED STONE SUBBASE AND BASE

Treatment of GCS shall be carried out in accordance with Section 14 of the specifications with the
following additional guidelines

1303MATERIAL REQUIREMENTS

a) Graded Crushed Sone

Properties
Graded Crushed Stone shall comply in all respects comply with Section13 of the Standard
Specifications and shall be stone Class B in accordance with Clause 1303(b)

Grading
The Maximum Aggregate Size of the material shall be 0/30mm in accordance with Clause 1303(c)

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 b) Cement
Cement for treatment shall be CEM II, 42.5N Portland Cement manufactured to KS EAS 18-1: 2001 -
Part 1, KS 1725: 2001 standards. The cement content of the treated material shall be 1-3% by weight of
the GCS
c) Mixing
The material to be treated and the cement shall be mixed in an approved batching plant
d) Laying and compaction
Laying
Treated GCS shall be placed by using a self-propelled spreader finisher fitted with an electronic level
control device, and level control shall be from a tensioned wire supported at every 5m intervals. The
graded crushed stone shall be finished to the tolerances given for base in Section 3 of these
Specifications
Compaction
The moisture content of the treated material shall be as directed by the Engineer but nevertheless within
the range of 80% to 100% of the Optimum Moisture Content (Vibrating Hammer Method). Minimum
compaction shall be 97% MDD (Vibrating Hammer Method)

1309 PROTECTION AND CURING

Protection and curing shall be carried out in accordance with the provisions of Clause 1409 (i) of the
Standard Specification. The treated GCS layer shall be kept continuously damp by spraying with water
for seven days after laying to be followed by application of MC70 prime coat
1310 MEASUREMENT AND PAYMENT
Stabilizer
The provision of the stabilizer shall be measured by the tonne calculated as the specific weight of
stabilizer added to the material

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SECTION 14: CEMENT TREATED MATERIALS

1401. Cement Treatment

Cement for stabilization will be CEM 1 Portland cement conforming to KS 1262. The cement content
of the stabilized material shall be as indicated by the Engineer and will normally be about 1-4%. The
Engineer shall exercise his discretion to any variation in the rate of application of the cement, which he
may see fit, to order from time to time.

Moisture Content

The moisture content of the stabilized material shall be as directed by the Engineer but nevertheless
within the range of 85% to 100% of the optimum Moisture Content (AASHTO T.180)

Mixing and Placing

The material to be stabilized and the cement shall be mixed by an approved mixing plant, which will
either be a mix-in-place pulvimixer or a stationary mixing plant for material to be used for pavement
reconstruction, widening and shoulders.

1403. Lime Improvement

Lime improvement shall be carried out in accordance with Section 14 of the Standard Specification.

1409. Protection & Curing

Protection and curing shall be carried out in accordance with the provisions of Clause 1409(i) of the
Standard Specification but provision shall be made to wet the surface from time to time as directed by
the Engineer.

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1410. Traffic

The requirements of clause 1410 of the Standard Specification will not apply to improved natural
material utilized for patching and repair works but will apply in case reprocessing of reconstruction and
widening of the existing base and shoulders.

SECTION 15 - BITUMINOUS SURFACE TREATMENTS

1501B PREPARATION OF SURFACE

In addition to requirements of Clause 1503B of the Standard Specifications, the contractor shall prepare
and Repair Cracks, Edges, Potholes and Other Failures as follows: -

a) Cracks 3.0mm or less in width

The entire crack area shall be cleaned by brushing with a wire brush and then blowing
with a compressed air jet and the crack sealed with 80/100 cutback bitumen using a
pouring pot or pressure lance and hand squeegee. The surface shall then de dusted with
sand or crushed dust.

b) Cracks greater than 3.0mm in width

Before these cracks are filled a steel wire brush or router shall be used to clean them and
then a compressed air jet shall be used to clean and remove any foreign or lose material
in the crack until the entire crack area is clean.

When the crack and surrounding area have been thoroughly cleaned, dry sand shall be
forced into the crack until it is sealed in the manner specified for cracks less than 3.0mm
width.

c) Potholes, edges and other repair areas

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 Where instructed, the Contractor shall prepare areas for the repair of potholes, road
edges and other repair areas by excavating off unsuitable or failed material and debris,
trimming off excavated edges, cleaning and compacting the resulting surfaces and
applying MC 30 or MC 70 cut-back bitumen prime coat at a rate of 0.8-1.2 litres/m2, all
as directed by the Engineer. Measurement and payment shall be made under the relevant
item of Bill No 15. Where the surface repair on potholes and edges are to be carried out,
Asphalt Concrete Type I shall be used. Bituminous material for repair of failures and
other repair areas shall be paid for under the relevant item of Bill No 16

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PART B - PRIME COAT

1502B MATERIALS FOR PRIME COAT AND TACK COAT.

For prime coat, the binder shall be a medium-curing cutback MC 30 unless otherwise directed by the
Engineer.

The rate of spray of bituminous prime coat refers to the gross volume of the cutback bitumen, that is to
say the volume of the bitumen plus dilatants.

Prime coat shall be applied to gravel areas that are to receive bituminous mixes as directed by the
Engineer.

The tack coat shall consist of bitumen emulsion KI-60 unless otherwise directed by the Engineer.

The rates of spray of the binder shall be as instructed by the Engineer and shall generally be within the
range 0.8-1.2 litres/square metre.

1502C MATERIALS FOR SURFACE DRESSING

Material for surface dressing will be pre-coated chipping class 1 and grading shall be 6/10 on
Carriageway and Shoulders. The bituminous binder used for precoating chippings shall be MC-30 and
the bituminous binder for surface dressing shall be 80/100 penetration grade bitumen modified with 3%
Styrene Butadiene Styrene (SBS) based elastomeric polymer (elastomer modified bitumen) as specified
below.
Surface Dressing
Requirements of Section ‘15 Part C-Surface Dressing’ of Standard Specification shall be met.
Binder

The binder shall be 80/100 penetration grade bitumen modified with 3% Styrene Butadiene
Styrene (SBS) based elastomeric polymer (elastomer modified bitumen). The Contractor shall
be required to provide the manufacturer’s Certificate/specifications with regards to application
of the binder for approval by the Engineer.

The TG1 Specifications as outlined in the Technical Guideline for use of Modified Binders in
Road Construction. (Asphalt Academy, Pretoria, South Africa) should be adopted.

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Chippings

The chippings for surface dressing shall be class 1 chippings as specified in the standard
specifications for road and bridge constructions.

The grading of the chippings shall meet the requirements nominal size 6/10 as specified in the
standard specifications for road and bridge constructions.

Rate of application of Binder and Chippings

The rate of spray of binder and the rate of spread of chippings shall be as instructed by the
Engineer after relevant tests on the binder and chippings

Pre-Coating of Chippings

The bituminous binder used for pre-coated chippings shall be a medium curing cut-back MC-
30.

1511C MEASUREMENT AND PAYMENT

(a) Seal coat

Seal coats shall be measured by the litre, for each type of bituminous binder for each seal
coat, calculated as the product of the area in square metres sprayed and the rate of
application in litres/square metres, corrected to 15.6 o C

SECTION 16 - BITUMINOUS MIX BASES, BINDER COURSES AND WEARING COURSES

This section covers different types of bituminous mixes for base and surface (wearing and binder
courses) and is divided into the following parts: -

Part A General

Part B Superpave Asphalt Concrete for Carriageway and Shoulders

Part C Superpave DBM for carriageway

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PART A – GENERAL

1601A SCOPE OF PART A

Part A comprises all the general requirements for bituminous mixes, which apply to Part B as well.

1602A REQUIREMENTS FROM OTHER SECTIONS

The following sections of this Specification apply to Part B of this section and shall be read in
conjunction therewith: -

Section 2 Materials and Testing of Materials

Section 3 Setting Out and Tolerances
Section 6 Quarries, Borrow Pits, Stockpile and Spoil Areas
Section 15 Bituminous Surface Treatments and Surface Dressing
1603A CONSTRUCTION PLANT

(a) General

The Contractor shall submit to the Engineer in accordance with Section 1 of its
Specification, full details of the construction plant he proposes to use and the procedures
he proposes to adopt for carrying out the permanent Works.

The Engineer shall have access at all times to construction plant for the purposes of
inspection. The Contractor shall carry out regular calibration checks in the presence of
the Engineer and shall correct forthwith any faults that are found.

All construction plant used in the mixing, laying and compacting of bituminous mixes
shall be of adequate rated capacity, in good working condition, and shall be acceptable to
the Engineer. Obsolete or worn-out plant will not be allowed on the work.

(b) Mixing Plant

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 Bituminous materials shall be mixed in a plant complying with ASTM Designation
D995 and shall be located on the Site unless otherwise agreed by the Engineer. It shall
be equipped with at least three bins for the storage of heated aggregates and a separate
bin for filler. All bins shall be covered to prevent the ingress of moisture.

The plant may be either the batch-mix type or the continuous-mix type and shall be
capable of regulating the composition of the mixture to within the tolerances specified in
Clause 1614A of this Specification.

The bitumen tank shall be capable of maintaining its contents at the specified
temperature within a tolerance of 50C and a fixed thermometer easily read from outside
the tank. Any bitumen that has been heated above 1800C or has suffered carbonisation
from prolonged heating shall be removed from the plant and disposed of.

(c) Laying Plant

Bituminous materials shall be laid by a self-propelled spreader finisher equipped with a

hopper, delivery augers and a heated adjustable vibrating screed. It shall be capable of
laying bituminous materials with no segregation, dragging, burning or other defects and
within the specified level and surface regularity tolerance. Delivery augers shall
terminate not more than 200mm from the edge plates.

(d) Compaction Plant

The Contractor shall provide sufficient rollers of adequate size and weight to achieve the
specified compaction. Prior to commencing the laying of bituminous mixes in the
permanent Works the Contractor shall carry out site trials in accordance with Section 2
of this Specification to demonstrate the adequacy of his plant and to determine the
optimum method of use and sequence of operation of the rollers.

It is important to achieve as high a density as possible at the time of construction and it

is expected that vibrating rollers will be required to produce the best results. However,
it is essential that thorough pre-construction trials are carried out to ensure that: -

(a) The roller is set up to have the optimum amplitude and frequency of
vibration for the particular material being laid

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 (b) That the roller does not cause breakdown of the aggregate particles.

(c) That the optimum compaction temperatures are established which allow
compaction without causing ripple effects or other distortions of the
surfacing.

1604A PREPARATION OF SURFACE

Immediately before placing the bituminous mix in the pavement, the existing surface shall be cleaned
of all material and foreign matter with mechanical brooms or by other approved methods. The debris
shall be deposited well clear of the surface to be covered.
Any defect of the surface shall be made good and no bituminous mix shall be laid until the Engineer
has approved the surface.
A tack coat shall be applied in accordance with Section 15 of this Specification. If the Engineer
considers a tack coat is required prior to laying the bituminous mix or between layers of the bituminous
mix, due solely to the Contractor's method of working, then such tack coat shall be at the Contractor's
expense.

1605A DESIGN AND WORKING MIXES

At least two months prior to commencing work using a bituminous mix, the Contractor shall, having
demonstrated that he can produce aggregates meeting the grading requirements of the Specification,
submit samples of each constituent of the mix to the Engineer. The contractor in the presence of the
Engineer will then carry out laboratory tests in order to decide upon the proportion of each constituent
of the initial design mix or mixes to be used for site trials to be carried out in accordance with Clause
1606A of this Specification.

Should the Engineer conclude from the site trials that the mix proportion or aggregate grading are to be
changed, the Contractor shall submit further samples of the constituents and carry out further site trials
all as directed by the Engineer.

The Engineer may instruct the alteration of the composition of the -75-micron fraction of the
aggregates by the addition or substitution of mineral filler. The Engineer may also instruct the
alteration of all or part of the -6.3mm fraction of the aggregates by the addition or substitution of
natural sand.

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The Contractor shall make the necessary adjustments to his plant to enable the revised mix to be
produced.
Following laboratory and site trials the contractor jointly with the Engineer will determine the
proportions of the working mix and the Contractor shall maintain this composition within the
tolerances given in Clause 1614A.

Should any changes occur in the nature or source of the constituent materials, the Contractor shall
advise the Engineer accordingly? The procedure set out above shall be followed in establishing the new
mix design.

1606A SITE TRIALS

Full scale laying and compaction site trials shall be carried out by the Contractor on all asphalt
pavement materials proposed for the Works using the construction plant and methods proposed by the
Contractor for constructing the Works. The trials shall be carried out with the agreement, and in the
presence of the Engineer, at a location approved by the Engineer.

The trials shall be carried out to: -

a) Test materials, designed in the laboratory, so that a workable mix that satisfies the
specification requirements can be selected.

b) To enable the Contractor to demonstrate the suitability of his mixing and

compaction equipment to provide and compact the material to the specified
density and to confirm that the other specified requirements of the completed
asphalt pavement layer can be achieved.

Each trial area shall be at least 100 metres long and to the full construction width and depth for the
material. It may form part of the Works provided it complies with this Specification. Any areas that do
not comply with this Specification shall be removed.

The Contractor shall allow in his programme for conducting site trials and for carrying out the
appropriate tests on them. The trial on any pavement layer shall be undertaken at least 21 days ahead
of the Contractor proposing to commence full-scale work on that layer.

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The Contractor shall compact each section of trial over the range of compactive effort the Contractor is
proposing and the following data shall be recorded for each level of compactive effort at each site trial:
-
i. The composition and grading of the material including the bitumen content and type and
grade of bitumen used.
ii. The moisture content of aggregate in the asphalt plant hot bins.
iii. The temperature of the bitumen and aggregate immediately prior to entering the mixer, the
temperature of the mix on discharge from the mixer and the temperature of the mix on
commencement of laying, on commencement of compaction and on completion of
compaction. The temperature of the mixture is to be measured in accordance with BS 598,
Part 3, Appendix A.
iv. The type, size, mass, width of roll, number of wheels, wheel load, tyre pressures, frequency
of vibration and the number of passes of the compaction equipment, as appropriate for the
type of roller.
v. The target voids and other target properties of the mix together with the results of the
laboratory tests on the mix.
vi. The density and voids achieved.
vii. The compacted thickness of the layer.
viii. Any other relevant information as directed by the Engineer.
At least eight sets of tests shall be made by the Contractor and the Engineer on each 100 metres of trial
for each level of compactive effort and provided all eight sets of results over the range of compactive
effort proposed by the Contractor meet the specified requirements for the material then the site trial
shall be deemed successful. The above data recorded in the trial shall become the agreed basis on
which the particular material shall be provided and processed to achieve the specified requirements.

1607A MIXING OF AGGREGATES AND BITUMEN

The bitumen shall be heated so that it can be distributed uniformly and care shall be taken not to
overheat it. The temperature shall never exceed 1700 C for 60/70-penetration grade bitumen.

The aggregates shall be dried and heated so that they are mixed at the following temperatures: -

125-1650C when 60/70 bitumen is used

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The dried aggregates shall be combined in the mixer in the amount of each fraction instructed by the
Engineer and the bitumen shall then be introduced into the mixer in the amount specified. The
materials shall then be mixed until a complete and uniform coating of the aggregate is obtained.

The mixing time shall be the shortest required to obtain a uniform mix and thorough coating. The wet
mixing time shall be determined by the Contractor and agreed by the Engineer for each plant and for
each type of aggregate used. It shall normally not exceed 60 seconds.

1608A TRANSPORTING THE MIXTURE

The bituminous mix shall be kept free of contamination and segregation during transportation. Each
load shall be covered with canvas or similar covering to protect it from the weather and dust.

1609A LAYING THE MIXTURE

Immediately after the surface has been prepared and approved, the mixture shall be spread to line and
level by the laying plant without segregation and dragging.

The mixture shall be placed in widths of one traffic lane at a time, unless otherwise agreed by the
Engineer. The compacted thickness of any layer shall be at least 2.5 times the maximum size of the
aggregate for wearing course and at least 2 times for binder course. The minimum thickness shall be
25mm.

Only on areas where irregularities or unavoidable obstacles make the use of mechanical laying
impracticable, may the mixture be spread and compacted by hand.

1610A COMPACTION

Immediately after the bituminous mixture has been spread, it shall be thoroughly and uniformly
compacted by rolling.

The layer shall be rolled when the mixture is in such a condition that rolling does not cause undue
displacement or shoving.

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The number, weight and type of rollers furnished shall be sufficient to obtain the required compaction
while the mixture is in a workable condition. The sequence of rolling operations shall be as agreed
with the Engineer and proved during site trials. Initial rolling with steel tandem or three-wheeled roller
shall follow the laying plant as closely as possible. The rollers shall be operated with the drive roll
nearest the laying plant, at a slow and uniform speed (not exceeding 5 Km/Hr).

Rolling shall normally commence from the outer edge and proceed longitudinally parallel to the
centreline, each trip overlapping one half of the roller width. On super elevated curves, rolling shall
begin at the low side and progress to the high side. Where laying is carried out in lanes care must be
taken to prevent water entrapment.

Intermediate rolling with a pneumatic-tyred or vibratory roller shall follow immediately. Final rolling
with a steel-wheeled roller shall be used to eliminate marks from previous rolling.

To prevent adhesion of the mixture to the rollers, the wheels shall be kept lightly moistened with water.

In areas too small for the roller, a vibrating plate compactor or a hand tamper shall be used to achieve
the specified compaction.

1611A FINISHING, JOINTS AND EDGES

Any mixture that becomes loose and broken, mixed with dirt or foreign matter or is in any way
defective, shall be removed and replaced with fresh hot mixture, which shall be compacted to conform
to the surrounding area.

Spreading of the mixture shall be as continuous as possible. Transverse joints shall be formed by
cutting neatly in a straight line across the previous run to expose the full depth of the course. The
vertical face so formed shall be painted lightly with hot 60/70 penetration grade bitumen just before the
additional mixture is placed against it.

Longitudinal joints shall be rolled directly behind the paving operation. The first lane shall be placed
true to line and level and have an approximately vertical face. The mixture placed in the abutting lane
shall then be tightly crowded against the face of the previously placed lane. The paver shall be
positioned to spread material overlapping the joint face by 20-30mm. Before rolling, the excess
mixture shall be raked off and discarded.

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When the abutting lane is not placed in the same day, or the joint is destroyed by traffic, the edge of the
lane shall be cut back as necessary, trimmed to line and painted lightly with hot 60/70 penetration grade
bitumen just before the abutting lane is placed.

Any fresh mixture spread accidentally on the existing work at a joint shall be carefully removed by
brooming it back on to uncompacted work, so as to avoid formation of irregularities at the joint. The
finish at joints shall comply with the surface requirements and shall present the same uniformity of
finish, texture and density as other sections of the work.
The edges of the course shall be rolled concurrently with or immediately after the longitudinal joint. In
rolling the edges, roller wheels shall extend 50 to 100mm beyond the edge.

1612A SAMPLING AND TESTING OF BITUMINOUS MIXTURES

The sampling of bituminous mixtures shall be carried out in accordance with AASHTO T168 (ASTM
Designation D979).

1613A QUALITY CONTROL TESTING

During mixing and laying of bituminous mixtures, control tests on the constituents and on the mixed
material shall be carried out in accordance with Clause 1612A and Section 2 of this Specification.

If the results of any tests show that any of the constituent materials fail to comply with this
Specification, the Contractor shall carry out whatever changes may be necessary to the materials or the
source of supply to ensure compliance.

If the results of more than one test in ten on the mixed material show that the material fails to comply
with this Specification, laying shall forthwith cease until the reason for the failure has been found and
corrected. The Contractor shall remove any faulty material laid and replace it with material complying
with this Specification all at his own expense.

1614A TOLERANCES

Surfacing courses and base shall be constructed within the geometric tolerances specified in Section 3
of this Specification.

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The Contractor shall maintain the composition of the mixture as determined from the laboratory and
site trials within the following tolerances, per single test: -

Bitumen Content 0.3% (by total weight of total mix)

Passing 10mm sieve 6% (by total weight of dry aggregate

and larger sieves including mineral filler)

Passing sieves between 4% (by total weight of dry aggregate

10mm and 1.0mm sieves including mineral filler)

Passing sieves between 3% (by total weight of dry aggregate

1.0mm and 0.075mm sieve including mineral filler)

Passing 0.075mm sieve 2% (by total weight of dry aggregate

Including mineral filler)

The average amount of bitumen in any length of any layer, calculated as the product of the bitumen
contents obtained from single tests and the weight of mixture represented by each test, shall not be less
than the amount ordered.

The average amount of bitumen for each day's production calculated from the checked weights of
mixes shall not be less than the amount ordered.

The average amount of bitumen in any length of any layer, calculated as the product of the bitumen
contents obtained from single tests and the weight of mixture represented by each test, shall not be less
than the amount ordered.

The average amount of bitumen for each day's production calculated from the checked weights of
mixes shall not be less than the amount ordered.

The final average overall width of the upper surface of a bituminous mix layer measured at six
equidistant points over a length of 100m shall be at least equal to the width specified. At no point shall

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the distance between the centreline of the road and the edge of the upper surface of a bituminous mix
layer be narrower than that specified by more than 13mm.

1615A MEASUREMENT AND PAYMENT

No separate measurement and payment shall be made for complying with the requirements of Clauses
1601A to 1614A inclusive and the Contractor shall be deemed to have allowed in his rates in Parts B
and C of Section 16 of this Specification for the costs of complying with the requirements of Part A of
Section 16 of this Specification

PART B
ASPHALT CONCRETE FOR SURFACING - SUPERPAVE
1601B INTRODUCTION
Some modifications, to the Standard Specification, which takes into account aspects of the Super Pave
Mix Design methods, have been made. This shall be in accordance with the procedures presented in
Overseas Road Note 19, ‘’ A guide to the design of hot mix asphalt in tropical and subtropical
countries’’ and detailed in the current manuals produced by the Asphalt Institute. The contractor shall
be deemed to possess a copy of these publications and shall provide at least two copies of each on site,
one for the Engineer and the other for the Contractor.
1602B MATERIALS FOR ASPHALT CONCRETE
(a) Penetration grade bitumen
Bitumen shall be 60/70 penetration grade, and shall meet the requirements of
Table 4.3 in ORN 19 as summarised below:
Minimum requirements for penetration grade bitumen (ORN19 Table 4.3)

Test Penetration grade

method
(ASTM
Test ) 40/50 60/70 80/100

Based on original bitumen

Penetration at 250C D5 40-50 60-70 80-100
Softening point (oC) D 49-59 46-56 42-51

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 36
Flash point (oC) Min D 232 232 219
92
Solubility in Min D 99 99 99
trichloroethylene (%) 2042

TFOT heating for 5h at D1754

163 oC
a. Loss by mass (%) Max - 0.5 0.5 0.8
b. Penetration (% of Min D5 58 54 50
original)
c. Ductility at 25oC Min D 113 - 50 75

(b) Aggregate
(i) In the standard specification rename Table 16B-1 as 16B-1(a)

Add the following:

The coarse aggregate shall be entirely crushed rock, from a source known to give high values of
stability (> 9kN) in the Marshall test. Aggregate shall be Class ‘a’ meeting the requirements
given in Table 16B-1b below.

Table 16B-1b: Requirements for coarse aggregate

Property Test Property

Cleanliness Sand equivalent:1 for <4.75 mm fraction >40
(Material passing 0.425 sieve)
Plasticity Index2 <4
Linear Shrinkage <2

Particle shape Flakiness Index (FI)3 <25

Strength Aggregate Crushing Value (ACV)4 <25
Aggregate Impact Value (AIV)4 <25

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 10%FACT (dry) kN4 >160
Los Angeles Abrasion (LAA)5 <30
Abrasion Aggregate Abrasion Value4 <12
Soundness7 Sodium Sulphate Soundness (SSS):
(5 cycles, %
loss)
Coarse aggregate <10
Fine aggregate <16
Magnesium Sulphate Soundness (MSS):
Coarse aggregate <15
Fine aggregate <20
Polishing Polished Stone Value >60
Water absorption Water Absorption6 <2
Bitumen affinity Immersion Mechanical test: index of >75
retained Marshall stability8
Static Immersion Test9 >95% coating
retained
Retained Indirect Tensile strength10 >79% (at 7% VIM)

1 AASHTO T176
2 British Standard 1377: Part 2
3 British Standard 812: Part 105
4 British Standard 812: Parts 110 to 114
5 ASTM C131 and C535
6 British Standard 812: Part 2
7 AASHTO T104
8 D White oak (1990) (Shell Bitumen Handbook)
9 AASHTO T182
10 AASHTO T283

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 Unless otherwise instructed by the Engineer aggregates shall satisfy the following Super pave
aggregate consensus properties which requirements are presented in Table 16B-1(c):

• Coarse Aggregate Angularity (CAA) – ASTM D 5821

• Fine Aggregate Angularity (FAA) – AASHTO T 304
• Flat and elongated particles – ASTM D 4791
• Sand equivalent – AASHTO T 176

Table 16B-1(c) Super pave aggregate consensus property requirements

Fractured faces, Uncompacted Void

Cumulative Content of Fine Sand
Equivalent Coarse Aggregate, Equivalent, Flat and
Aggregate,
Standard Elongated3,
Percent Minimum Percent Minimum Percent
Axles Percent
Minimum
(CESA)¹ in Depth from surface Depth from surface Maximum
Million
≤100mm >100mm ≤100mm >100mm
≥ 30 100/100 100/100 45 45 50 10

¹The anticipated project traffic level expected over a 20-year design period
²85/80 denotes that 85 percent of the coarse aggregate has one fractured face and 80 percent has two or
more fractured faces
3
Criterion based upon a 5:1 maximum to minimum ratio

160
Nominal Maximum Size Sieve size Control point
3B
(mm)

(mm) (%passing)
Th
(Note 1 below)
Minimum Maximum e
gra
25 100 - din
19 90 100 g
mi
19.0 12.5 - 90 xtu
re
2.36 23 49
of
0.075 2 8 coa
rse

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and fine aggregate shall meet the requirements given in Table 16B-1(d) for a 19mm and 12.5mm
nominal maximum size aggregate.
A gradation of 19mm and 12.5mm nominal maximum size aggregate shall be used for the works
Table 16B-1(d) Superpave aggregate grading control point

Note (1) - The definition of Nominal Maximum Size of aggregate is one sieve larger than the first sieve
to retain more than ten per cent of the aggregate. It is also recommended that where possible the
largest particle size should not be more than 25 mm so that the requirements of the Marshall test can
be complied with.
1604B REQUIREMENTS FOR ASPHALT CONCRETE
The mix design should be carried out using the Super pave test procedures.
Super pave – Carriageway and Shoulders
The mix design, when compacted in accordance with AASHTO T 312 (Preparing and determining
the density of Hot Mix Asphalt (HMA) specimens by means of the Super pave gyratory
compactor) shall meet the relative density, voids in the mineral aggregate (VMA), Voids filled
with Asphalt (VFA) and dust to binder ratio requirements specified in Table 16-B2(b).
The initial, design and maximum number of gyrations are specified in AASHTO R 35, Super pave
volumetric design for Hot Mix Asphalt (HMA).
Required Relative Density, Voids in the Mineral Voids
Cumulative
Percent of theoretical Aggregate (VMA), Filled
Equivalent Dust-to-
maximum specific gravity Percent Minimum with
Standard Binder
Asphalt
Axles Nominal maximum Ratio
(VFA)
(CESA)¹ in N initial N design N max size Aggregate (mm) Range
Range,
Million
Percent
19.0
>10 ≤89.0 96.0 ≤98.0 65-75 0.6-1.2
¹The anticipated project traffic level expected over a 20-year design period
1605B MIXING AND LAYING ASPHALT CONCRETE

Add the following:

The temperature of the bitumen and aggregates when mixed should be determined using both
Penetration Index (PI) and softening point of the bitumen on the bitumen tests data chart
(BTDC). The temperature of the bitumen and aggregates when mixed shall be 110+/-3°C above
the softening point (Ring and Ball) of the bitumen.
Compaction shall commence as soon as the mix can support the roller without undue
displacement of material and completed before the temperature of the mix falls below 90°C.

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 The mixing and placing of asphalt concrete must be carried out only under favorable weather
conditions. Mixing and placing of asphalt concrete will not be allowed if the moisture content
of aggregate affects the uniformity of temperature, or if free water is present on the working
surface. Mixing shall not be allowed to take place more than two hours before placing begins
unless provision had been made for storing. Storage of mixed materials will only be permitted
in insulated hot mix bins. In any case, storage will not be permitted for a period longer than 12
hours after mixing, unless otherwise approved by the Engineer.
The minimum thickness of the compacted layer shall be 35mm when 12.5mm nominal
maximum size aggregate is used (on the road shoulders).

1606B COMPACTION
Rolling shall be continued until compaction of the completed layer attains a minimum mean
value of 95% of refusal density (no value less than 93%) and until the voids measured in the
compacted layer are within the specified range as appropriate.

1607B MEASUREMENT AND PAYMENT

a) Item : Asphalt Concrete

Unit: m3 of Asphalt Concrete Used

Asphalt concrete shall be measured by the cubic metre compacted on the road
calculated as the product of the length instructed to be laid and the compacted
cross-sectional area shown on the Drawings or instructed by the Engineer.

The rate for asphalt concrete shall include for the cost of providing, transporting,
laying and compacting the mix with the nominal binder content and complying
with the requirements of Parts A and B of Section 16 of this Specification.
PART C
SUPERPAVE DENSE BITUMEN MACADAM
1601C INTRODUCTION
Some modifications, to the Standard Specification, which takes into account aspects of the Super pave
Mix Design methods, have been made. This shall be in accordance with the procedures presented in
Overseas Road Note 19, ‘’ A guide to the design of hot mix asphalt in tropical and subtropical countries’’
and detailed in the current manuals produced by the Asphalt Institute. The contractor shall be deemed to

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possess a copy of these publications and shall provide at least two copies of each on site, one for the
Engineer and the other for the Contractor.

1602C MATERIALS FOR DENSE BITUMEN MACADAM

(a) Penetration grade bitumen

Bitumen for asphalt concrete shall be 60/70 penetration grade and shall meet the requirements stated in
1602B of this specification.
(b) Aggregate
Coarse aggregate (retained on a 6.3mm sieve) shall consist of crushed stone free from clay, silt, organic
matter and other deleterious substances and shall comply with the following requirements
The crushing ratio shall not be less than 100%

1603C GRADING REQUIREMENTS

The grading mixture of coarse and fine aggregate shall be within and approximately parallel to the
grading envelopes as given in Table 16C-1a below

Table 16C-1(a) Superpave aggregate grading control point

Nominal Maximum Sieve size (mm) Control point (%passing)

Size (mm)

Minimum Maximum
(Note 1 below) 50 100 -
37.5 90 100
37.5 25 - 90
2.36 15 41
0.075 0 6
37.5 100 -
25 90 100
25 19 - 90
2.36 19 45
0.075 1 7
Note (1) - The definition of Nominal Maximum Size of aggregate is one sieve larger than the first sieve to
retain more than ten per cent of the aggregate

1604C REQUIREMENTS FOR BITUMEN MACADAM BASE COURSE

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No formal design method is available for determining the optimum composition for this material because
the maximum particle size and proportions of aggregate greater than 25mm precludes the use of the
Marshall test. However, the Superpave method can be carried out and is proposed for determining its
optimum composition.
The mixture shall comply with the requirements given in Table 16C-2.

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Table 16C-2 Requirements for Bitumen Macadam Base Course

Cumulative Required Relative Density, Percent Voids in the Mineral Voids

Equivalent of theoretical maximum specific Aggregate (VMA), Filled
Dust-to-
Standard Axles gravity Percent Minimum with
Binder
(CESA)¹ in Nominal maximum size Asphalt
Ratio
Million Aggregate (mm) (VFA)
N initial N design N max Range
19.0 12.5
Range,
Percent
<0.3 ≤91.5 - - - - 70-80 0.6-1.2
0.3 to <3 ≤90.5 96.0 ≤98.0 13.0 14.0 65-78 0.6-1.2
≥3 ≤89.0 96.0 ≤98.0 13.0 14.0 65-75 0.6-1.2

The anticipated project traffic level expected over a 20-year design period

The proportion, by mass of total mix, of bitumen (binder content) shall be in the range 4.0 + 0.5. The
binder content of the working mix will be instructed by the Engineer following laboratory and site
trials
The mixing temperature of the Bitumen Macadam Base Course shall be between 1400C and 1700C.
Where possible, the viscosity of the bitumen should be measured over a range of temperatures and
plotted on the Bitumen Test data Chart do that the ideal mixing temperature at which the viscosity of
the Bitumen Test Data Chart do that the ideal mixing temperature, at which the viscosity of the
bitumen is between approximately 0.2 and 0.5 Pa.s can then be read from the chart. The minimum
temperature at laying and commencement of compaction shall be 1200C and at completion of
compaction shall be not less than 900C.
Laying plant capable of spreading the mixture over the full carriageway width shall be preferred,
otherwise two mechanical pavers working in echelon shall be used and the longitudinal joint shall be
compacted before the temperature of the existing lane has dropped to 700C.

The minimum thickness of the compacted layer shall be 75mm and no compacted layer shall exceed
125mm.

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SECTION 17 - CONCRETE WORKS
1703 MATERIALS FOR CONCRETE
All material shall comply with the requirements of section 1703 of the
standard specification

1703(A) DESIGN OF CONCRETE MIXES

The following classes of concrete shall be designed in mix proportions approved for use as
follows:
• Class15/20 for all blinding to structures and precast pipe culverts beds and surrounds
• Class 25/20 for all culvert headwalls, wingwalls, aprons and toe walls.
Specification for construction material and quality control shall be in accordance to the Standard
Specification

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SECTION 20 - ROAD FURNITURE
2001 ROAD RESERVE BOUNDARY POSTS
Road reserve boundary posts shall be provided as directed by the Engineer and in compliance with
Standard Specification clause 2001. They shall be placed at 50m. intervals along the boundary of
the road reserve.

2003 EDGE MARKER POST

Edge marker post shall be provided as directed by the Engineer and in compliance with Standard
Specification clause 2003

2004 PERMANENT ROAD SIGNS

Permanent Road Signs shall be provided as directed by the Engineer and in compliance with the
requirements of the "Manual for Traffic Signs in Kenya" Part II and standard Specification clause
2004.

2004B EXISTING ROAD SIGNS

Where directed by the Engineer, the Contractor shall take down road signs including all posts,
nuts, bolts and fittings, and remove and dispose of the concrete foundation and backfill the post
holes. The signs shall be stored as directed by the Engineer.
Measurement and payment for taking down road signs shall be made by the number of signs of any
type and size taken down, cleaned and stored as directed.

2005 ROAD MARKING

Paint for road marking shall be internally reflectorized hot applied thermoplastic material in
accordance with Clause 219 of the Standard Specification.

The rates inserted in the Bills of Quantities for road marking shall include for prior application of
approved tack coat.

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2005A RAISED PAVEMENT MARKERS – ROAD STUDS
MATERIAL
Road studs are moulded of acrylonitrile butadiene styrene (ABS) conforming to ASTM
Specification D1788 – 68, class 5-2-2 shell filled with inert, thermosetting compound and filler.
The lens portion of the marker of the marker is of optical menthlymethacrylic.

CONSTRUCTION
The road studs shall be constructed of high impact ABS containing a multi-biconvex glass lens
reflector system. It shall be of monolithic construction, and not less than 98.5. m2. The height of
the marker shall not exceed 17mm and the underside shall contain a non-honeycomb base (flat).

REQUIREMENTS
The markers shall conform to the following requirements
Colour
Shall be white, yellow or red as specified and the Retro – reflectance values should conform to the
testing procedures of ASTME 809.

Impact Resistance
The market shall not crack or break when tested using a 1000-gram weight from a height of 1
metre. (ASTM D 2444) or BS 3900 Part E3.

Resistance to Water Penetration

Shall not have water penetration behind the lens after submerged in a water bath at 70 + 50 oF for
10 minutes. And it should still meet the reflectance Requirement. BS 998.

Heat Resistance
Shall comply with the initial brightness as per BS 873 Part IV of 1978

Night Visibility
The marker shall be bright as per BS 873 Part IV of 1978

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Compression Resistance
There shall be no cracking sound at a pressure lower than 25 tones as per BS 873 Part IV of 1978.

Corrosion Resistance
After immersing a sample of Road stud in a solution containing 30g/1 of sodium chloride for 30
days, there shall not be any signs of corrosion -(BS998).

NOTE: These markers are intended for application directly to pavement surfaces and are
compatible with raised pavement makers. These adhesives should be of high quality and tested for
conformance to customer requirements.

ADHESIVES
They shall be of Resin Type–Epoxy of 2 different components part 1 and 2 i.e., Adhesive and
Reactor without any volatile solvents in both.
Pot life: not less than 20 minutes at 20 oC
Rotational cure time: between 20 and 30 minutes at 20 oC
Hard cure: Between 40 and 60 minutes at 20 oC

APPLICATION INSTRUCTION
Preparation of Pavements
Make sure that the road Surface is absolutely dry and free of oil and grease.

Mixing of Adhesive
Pour component B into the container of component A. Stir mixture by hand with a wooden or
metal stick until uniform Grey Tint without a strike is obtained.

Installation
Pour the mixture on to the underside of the road stud. Then place the road stud firmly on the road
surface. Adhesive should stand out for about 5mm to 10 mm over the edges of the stud.
Protection from the Traffic

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Protect studs from traffic for 2 hours until the adhesive has properly hardened. Try by touching the
adhesive.

NUMBER OF STUDS NEEDED FOR LABORATORY TESTS.

In order to approve a particular type of road stud, 4 sample road studs of each colour shall be
submitted.

2006 GUARDRAILS
Contrary to the Standard Specification, guardrails shall be complete with posts and _swarflex_
ART 3240 guardrail reflectors every 4m as per drawings and as directed by the Engineer.

2007 KERBS

a) Vertical Joints
Vertical joints between adjacent Kerbs shall not be greater than 5 mm in width and
shall be filled with a mortar consisting of 1:3 cement: sand by volume.
b) Transition between flush and raised kerbs
The transition between flush and raised kerbs (e.g., at bus bays) shall be termed as
ramped kerbs. The transition between flush and raised kerbs shall occur within a
length of 2.0 m.

2008 KILOMETRE MARKER POSTS

Kilometre marker posts shall be provided as directed by the Engineer and in compliance with
Standard Specification clause 2008.

2009 RUMBLE STRIPS

Where directed by the Engineer, the Contractor shall provide, place, trim, shape and compact to
line and level asphalt concrete rumble strips on the finished shoulders. This shall be done to the
satisfaction of the Engineer
2010 TREES
Where shown on the Drawings or directed by the Engineer the Contractor shall excavate for,
backfill with topsoil, provide, plant, water and protect trees within the Road Reserve, around
borrow pits and quarries and elsewhere as directed by the Engineer.

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The excavation for each tree shall be 0.3 m deep and 0.3 m diameter backfilled with topsoil
provided by the Contractor.
The tree seedlings shall be obtained by the Contractor from the District Forest Officer of the Forest
Department of the Ministry of Environment and Natural Resources closest to the Works or, if not
available, from an alternative source approved by the Engineer.
The tree seedlings shall be of indigenous varieties recommended by the District Forest Officer and
the method of transportation, handling, planting and caring, for each tree seedling shall be as
directed by the District Forest Officer.
The Contractor shall water daily each tree seedling for the first four weeks after planting. For a
further 12 weeks the Contractor shall water each tree seedling as necessary to ensure that each
becomes firmly established.
Should any tree be damaged, uprooted or die during the first 16 weeks after planting the Contractor
shall immediately replace the tree with a new tree seedling and shall water and care for it as
prescribed in this Clause 2010. Should the replacement tree be damaged, uprooted or die within the
first 16 weeks after planting the same conditions shall apply and the Contractor shall continue to
replace trees and water and care for them until the end of the Period of Maintenance.
Any protection works that the Contractor deems necessary to protect trees from damage, uprooting
or death shall be provided at the Contractor’ s expense.
All trees instructed by the Engineer shall be planted by the Contractor prior to the issuing of a
Completion Certificate for the whole Works or any part thereof.
2010A BOLLARDS
Where directed by the Engineer, the Contractor shall provide, and install 150mm diameter steel
encased bollards. The Bollards shall be concreted 300mm into the ground and 900mm above the
ground, they shall be painted and marked with two strips of retro reflective yellow tape around the
post. Concrete shall be class 15/20.

2011 MEASUREMENT AND PAYMENT

Road reserve boundary posts
Road reserve boundary posts shall be measured by the number erected
Permanent road signs
Permanent road signs shall be measured by the number of each particular size erected.
Road marking
Road markings in yellow or white material shall be measured in square metres calculated as the
plan area painted.

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Road Studs
Road studs shall be measured by the number of each particular size erected.

Guardrail
Guardrail shall be measured by the metre as the length of the guardrail constructed.
Trees
Trees shall be measured by the number instructed.
The rate for trees shall include for the cost of the provision and transport of seedling, excavation,
provision and backfill with topsoil, watering and replacement of seedlings as necessary, and
complying with the requirements of Clause 2010 of this Specification.

SECTION 21 - DAYWORKS
2202 MEASUREMENTS AND PAYMENT

(a) Plant
Where items of major plant listed in the schedule of Day works are specified by type (e.g.,
Concrete mixer etc.) the power rating if such items of plant are provided by the Contractor
shall not be lower than the power ratings of such plant manufactured within the last two
years prior to the date of BID. Any item of major plant employed upon Day works that has
a power rating lower than specified above shall be paid for at rates lower than those in the
schedule of Day works. The reduction in the rate payable shall be in proportion to the
reduction in power rating below that specified above.

SECTION 21: MISCELLANEOUS BRIDGE/DRIFT WORKS

BRANDING OF MAJOR STRUCTURES
Paint shall be applied only to surfaces which have been prepared and cleaned.
All paint used in the Works shall be subject to the approval of the Engineer.
Surfaces shall be painted with the specified primer paint within four hours of having been blast
cleaned. As soon as the first undercoat has dried, a further stripe coat of paint shall be applied by to
all edges, corners and crevices. The stripe coat should have the same specification as the
undercoat.
All paint shall be supplied from the store to the painters ready for application. Any addition of
thinners must be made in the store under the supervision of the Engineer and only as permitted by

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the manufacturer’s data sheet. All the requirements of the manufacturer’s data sheet shall be
strictly complied with.
Paint shall not be applied under any of the following conditions: -
(a) When the ambient temperature is less than 4°C.
(b) When the relative humidity is greater than 90%
(c) During fog, rain or mist.
(d) When any moisture is present or likely to condense on the surface.
Each coat of paint shall be free from surface defects. The design for the branding shall be as
specified and instructed by the Engineer.
The Contractor shall ensure that the proposed application rates shall enable the specified minimum
dry film thickness to be achieved. If the total dry film thickness is less than the specified minimum,
an extra finishing coat or coats shall be applied until the specified dry film thickness is obtained.

SECTION 23: CONCRETE PAVING BLOCK

This works shall consist of providing, laying and fixing of concrete paving blocks and concrete
paving slabs on a sand base on the driveway and walkways and other areas as directed by the
Engineer.
a. Concrete Paving Blocks

The paving blocks shall be of type S of any shape fitting within a 295 mm square
coordinating space and a work size thickness of at least 30 mm. The blocks shall confirm
to the requirements of BS 6717: Pt. 1:1986 or Kenya standard equivalent.

The laying shall be broken at intervals of 50 m by concrete ribs of class 25 concrete.

The blocks shall be laid on a 40 mm minimum sand base whose specifications are as in
section (b) of this specification.

b. Sand for Sand Base

Sand used as bedding for paving blocks and slabs shall be natural sand either pit or river
sand. The grading shall conform and be parallel as much as possible to KS02 – 95 Parts 1
&2: 1984 for zones 1,2 or 3. The other requirements shall be as specified in section 1703
(c) of Standard Specifications.

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 c. Measurement and Payment

Payment for paving blocks and paving slabs shall be by square metre laid. The rate quoted
would include the cost of haulage to site of the blocks, slabs and sand, as no extra payment
shall be made for haulage

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

SUPERVISION CHECKLIST
Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
1. This checklist is for Resident Engineer to check Contractor’s work execution process. The Engineer's
Representative
2. Fill in date of checking as (day/month), mark as indicated in Filling Example, and state remarks. (Project Engineer)

3. Put this check list in the Monthly Progress Report. resident Engineer

befor
During execution after Remarks
e

Date Date Date Date Date Date Date Date Date Date Reason for unsatisfactory
Item Check Point performance (Site diary No.)
Corrective order by authority
(Date)
/ / / / / / / / / /
Excellent point to be
specified

1 Execution Works
system in Execution
general Programme
(including
1-1 its revised
version if
any) is
submitted
before the

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
date
specified in
contract
document
Works
Execution
Programme
properly
1-2 reflects the
given
specificatio
ns and site
conditions
Execution
procedures
are in
1-3 accordance
with Works
Execution
Programme
2 Equipmen All
t holding equipment
2-1 used are
properly
mobilized

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
in
accordance
with Works
Execution
Programme
All
equipment
used is well
2-2 maintained
during the
execution
of works
3 Contracto Qualified
r’s in- technical
house staff of
staff Contractor
are properly
3-1
assigned as
specified in
Works
Execution
Programme
Contractor’
3-2 s in-house
key staff

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
understand
work
process and
schedule
properly
Contractor’
s in-house
staff give
technical
guidance
and
3-3
direction to
workers
and
operators
properly
and timely
Communic
ations with
authority in
3-4
writing is
properly
and timely
4 Personnel 4-1 Workers

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
employm and
ent operators
are
deployed in
accordance
with Works
Execution
Programme
Wage
payment is
4-2 properly
made on
time
5 Site base Office and
facilities stockyard
are
prepared in
5-1
accordance
with Works
Execution
Programme
Site is well
5-2 maintained
during the

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
work
execution
and cleared
on
completion
Material
stored on
site is
properly
5-3
managed
during the
work
execution
6 Quality Material
and testing,
quantity structural
managem examinatio
ent n, and
6-1 measureme
nts are
properly
and
Periodically
conducted
based on

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
specificatio
ns and
Works
Execution
Programme
Results of
material
testing,
structural
examinatio
6-2 n and
measureme
nts are
within the
specificatio
ns.
Results of
material
testing,
structural
6-3 examinatio
n, and
measureme
nts are
properly

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
compiled as
reports for
confirmatio
n
7 Work Understand
schedulin ing of
g critical path
and its
7-1
reflection
on
scheduling
is proper
Actual
proceedings
are
periodically
compared
to the
7-2
planned
schedule
described in
Works
Execution
Programme

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
Changes
caused by
site
conditions
7-3
are properly
handled to
keep things
on schedule
All works
are
completed
within the
contract
7-4
term or
within the
extended
term as
allowed
8 Work No accident
safety occurs to
managem workers,
8-1
ent operators,
or third-
parties.

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI - GORGOR (B133) ROAD

Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
Safety of
workers
8-2 and
operators is
considered
Accident
prevention
efforts for
8-3
third-
parties are
proper
Traffic and
site safety
devices are
8-4 properly
installed
and
managed
Temporary
facilities
8-5 (e.g.,
scaffolding)
are
constantly

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Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
checked
9 Environm Environme
ental and ntal and
social social
managem mitigation
ent efforts
(e.g.,
9-1 against
noise,
vibration,
emission,
and dust)
are
conducted
Waste
material
9-2 from site is
properly
disposed
Damage to
existing
9-3 roads,
works and
services is
avoided or

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Supervision Check List

Project Name: PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – Date Signatures
NDANAI - GORGOR (B133) ROAD
are repaired
when it
occurs
No
overloading
for work-
9-4
related
vehicles is
reported

Filling Example: ✓Check point is satisfactory■ Check point is unsatisfactory N/A Not applicable

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SECTION VII – BILLS OF QUANTITIES

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BILLS OF QUANTITIES

The tender includes the following Bills of Quantities:

i) Bills of Quantities for Maintenance Services

ii) Bills of Quantities for Rehabilitation/Improvement Works (if those are required under the contract)

A. BOQ SUMMARY

Description
Amount (in figures)
A. TOTALS BROUGHT FORWARD

a) Maintenance Services in an amount of [amount in words] KSh

b) Rehabilitation/Improvement Works in an amount of [amount in

words] KSh

B. SUB-TOTAL = (a) + (b)

C. Add 16% VAT

D. GRAND TOTAL = C + B (Carried to the Form of Tender)

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 B. BILLS OF QUANTITIES FOR MAINTENANCE SERVICES

1. The Bills of Quantities for Maintenance Services shall be read in conjunction with the Instructions
to Tenderers, Conditions of Contract, Specifications and the Drawings.

2. This Bills of Quantities is the basis for payment of maintenance services that are to be provided on
a lump sum per km basis for maintaining the roads covered under the contract, at the Service
Levels defined in the Specifications. The rates given by the Tenderer shall, except insofar as is
otherwise provided under the Contract, include all plant, equipment, labour, management and
supervision, materials, erection, maintenance, insurance, profit, taxes and duties, together with all
general risks, liabilities and obligations set out or implied in the Contract.

3. Payment shall be made in accordance with the actual performance of the Contractor and
compliance with the Service Level criteria given in the Specifications for each road. Failure to
meet the Service Levels will result in payment reductions in accordance with Clause 47 of the
General Conditions and the Performance Specifications.

4. The unit rates and prices shall be quoted entirely in local currency but payment will be made in the
proportions and currencies quoted in the Schedule of Adjustment Data.

5. A unit rate or price shall be entered by the Tenderer against each item in the Bill of Quantities. The
cost of items against which the Tenderer has failed to enter a unit rate or price shall be deemed to
be covered by other unit rates and prices entered in the Bill of Quantities.

6. General directions and descriptions of work and materials are not repeated or summarized in the
Bill of Quantities. References to the relevant sections of the Contract documentation shall be made
before entering rates or prices against each item in the Bill of Quantities.

7. The method of measurement of completed work for payment shall be in accordance with the
measurement and payment provisions of the relevant section in the Performance Specifications.

8. Arithmetical errors discovered prior to award of the Contract will be corrected by the Procuring
Entity pursuant to the Instructions to Tenderers.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 232

 C. 1. BILL OF QUANTITIES AND UNIT PRICES FOR MAINTENANCE SERVICES

Price No Description of Service and Price Unit Price

1. In Local Currency
Unit Price
1. per kilometer and month
This price is the full remuneration to the Contractor to carry Kshs
out the services and works required in order to reach and
maintain the services levels described in the Specifications
and elsewhere in the contract. It further includes the
activities of the Contractor related to self-control, quality ……………………
assurance and material testing.
The Unit Price per kilometer and month is:
i. Road section: KCC (Sotik)-Ndanai-Gorgor (B133)
Road

[Note: There may either be one-unit price for all roads or

road sections included in the contract, or different prices for
different roads.]

2 BILL OF QUANTITIES FOR MAINTENANCE SERVICES AND THEIR PRICES

Price Road or road section Length Service Level Unit Price per Total Price
No. (km) kilometer and
month
2 Monthly lump sum
payment
2a KCC (Sotik) – Ndanai - 29.60km Medium
Gorgor (B133) Road

SUB-TOTAL per month:

Multiply by number of months (duration of contract) 24 Months
Total for contract period (Carried to Summary)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 233

 D. BILL OF QUANTITIES FOR REHABILITATION AND IMPROVEMENT WORKS

1. The Bills of Quantities for Rehabilitation Works and for Improvement Works shall be read in
conjunction with the Instructions to Tenderers, Conditions of Contract, Specifications and the
Drawings.

a) Bill of Quantities for Rehabilitation Works

2. The Bill of Quantities for Rehabilitation Works presents a number of explicit activities considered
necessary to rehabilitate particular road sections before some or all of the Service Level criteria for
performance-based maintenance defined in the Specifications can be applied. The Tenderer shall
undertake a detailed assessment of road conditions at the time of Tender. The location and extent of
the particular rehabilitation works considered necessary to reach required Service Levels shall be
indicated by the Tenderer in his Tender submission.

3. Although the tendering document may show estimated quantities of Rehabilitation Works, it is the
responsibility of the Tenderer to prepare his own estimate for the quantity of work required for
each rehabilitation activity, and he shall indicate these quantities in the Bill of Quantities.

4. The Procuring Entity may in some cases indicate fixed quantities for some specific Rehabilitation
Works, such as asphalt resurfacing. Those cases are clearly indicated as such by the Procuring
Entity in the TDS Specifications and the Bill of Quantities for Rehabilitation Works.

5. Payment for Rehabilitation Works shall be made in relation to the work outputs satisfactorily
completed in conformity with the Specifications as measured by the Contractor and verified by the
Engineer, and valued at the unit rates and prices stated in the priced Bill of Quantities. The total
price for Rehabilitation Works and Improvement Works, if any, shall not exceed the threshold value
or percentage given by the Procuring Entity in the TDS.

b) Bill of Quantities for Improvement Works

6. The Bill of Quantities for Improvement Works lists a set of interventions to be carried out by the
contractor that add new characteristics to the Road in response to existing or new traffic, safety or
other conditions, as defined in the TDS and the Specifications.

7. Payment for Improvement Works shall be made in relation to the work items satisfactorily
completed in conformity with the Specifications, as measured by the Contractor and verified by the
Engineer, and valued at the unit rates and prices stated in the priced Bill of Quantities for
Improvement Works.

c) General

8. The unit rates and prices Tender in the priced Bill of Quantities shall, except insofar as is otherwise
provided under the Contract, include all plant, equipment, labor, supervision, materials, erection,
maintenance, insurance, profit, taxes and duties, together with all general risks, liabilities and
obligations set out or implied in the Contract. Unit rates and prices shall also include the cost of
engineering design services, and measures needed to prevent or mitigate environmental impacts
and safety measures.

9. The unit rates and prices shall be quoted entirely in local currency but payment will be made in the
proportions and currencies quoted in the Schedule of Adjustments.

10. A quantity, unit rate or price shall only be entered against those work items considered necessary to
attain the required Service Levels and sustain such Service Levels thereafter through execution of
maintenance services that are provided for separately.

11. General directions and descriptions of work and materials are not repeated or summarized in the
Bill of Quantities. References to the relevant sections of the Contract documentation shall be made
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 234
 before entering rates or prices against each item in the Bill of Quantities.

12. The method of measurement of completed work for payment shall be in accordance with the
measurement and payment provisions of the relevant section of the Specifications.

13. Arithmetical errors discovered prior to award of the Contract will be corrected by the Procuring
Entity pursuant to the Instructions to Tenderers.

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 235

312PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) – NDANAI -
GORGOR (B133) ROAD
SUMMARY BILL OF REHABILITATION / IMPROVEMENT
WORKS
TENDER
BILL NO. DESCRIPTION
AMOUNT

1 General: Office administration and overheads/Preliminaries

5 EARTHWORKS

7 EXCAVATION AND FILLING FOR STRUCTURES

8 CULVERT AND DRAINAGE WORKS
PAVED ROADS - SHOULDER MAINTENANCE AND
11
REPAIRS

12 NATURAL MATERIAL BASES AND SUBBASE

CEMENT AND LIME TREATED SUBGRADE, SUBBASE

14
AND BASE
BITUMINOUS SURFACE TREATMENT AND SURFACE
15
DRESSING

16 BITUMINOUS MIXES

20 ROAD FURNITURE REPAIR AND MAINTENANCE

Total I (Carried to BOQ Summary)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 236

 General: Office administration and
Bill No. 1 overheads/Preliminaries
Unit Bid Billed
Billed Rate(Ksh Amount
Item No. Description Units Quantity ) (KSh)
Payment for material testing as per Clause..
01-80-010A Of Special Specification and as per schedule
detailed in Appendix C L.Sum 300,100.00 1.00 300,100.00
Extra over 01-80-010A for Contractor's
01-80-011A
profits and overheads % 300,100.00
Provide and erect publicity sign as directed
01-80-016
by the Engineer no 2.00
Provide, fuel and maintain with drivers 1No.
New 4WD double cabin for exclusive use by
01-80-017 the Engineer inclusive of the first 4,000km
per vehicle month in accordacne with clause
138 of Special Specification V/months 24.00
Extra over 01-80-017 for milage over
01-80-018
4,000km km 5,000.00
Payment of Resident Engineer
Miscellaneous account as per Clause.. Of
01-80-026A
Special Specification and for items and
services detailed in Appendix B L.Sum 1.00
Payment of Engineers Supervisory Staff
including overtime in accordance with clause
01-80-030A
137 of Special Specifications and as per
Renumeration Rates in Appendix A L.Sum 6,571,800.00 1.00 6,571,800.00
Extra over 01-80-030A for Contractor's
01-80-031A
profits and overheads % 6,571,800.00
Allow a Prime Cost Sum of Ksh. 500,000.00
01-80-090 for Environmental Impact Assessment Study
and License PC Sum 500,000.00 1.00 500,000.00
Extra over 01-80-090 for contractors profits
01-80-091
and overheads % 500,000.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 237

Bill No. 5 EARTHWORKS
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)

05-50-007 Fill in soft material and compact m³ 330.00

05-50-008 Cut to spoil in Soft m3 495.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 238

 EXCAVATION AND FILLING FOR
Bill No. 7 STRUCTURES
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Excavate and back fill for gabions in
07-60-001 soft materials m³ 1,078.00
Provide and place gabion boxes and
mattresses as specified or as directed
07-60-002 by the Engineer m² 1,100.00
Provide and place rock fill to gabions
07-60-003 and mattresses m³ 200.00
Allow for grouting of the rock fill
07-60-004 where necessary m² 400.00
Provide and place 200mm thick stone
pitching including grouting to aprons
upstream and down stream of bridges
and culverts as detailed in the
drawing or as directed by the
07-60-005 Engineer m² 1,500.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 239

Bill No. 8 CULVERT AND DRAINAGE WORKS
Billed Unit Bid Billed Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Culvert Installation 600 mm with
08-60-025 m
surround 96.00
Excavate for inlet, out fall, catch water
08-90-001 drains, mitre and cut-off drains in soft m³
3,750.00
material
Excavation in soft material for pipe
culverts, headwalls, wingwalls, apron,
08-90-003 toe walls and drop inlets and compact m³
96.80
as specified or as directed by the
Engineer
Provide and place class 15/20 concrete
08-90-008 m³
to beds 10.56
Provide and place class 25/20 concrete
to headwalls, wing walls, aprons,
08-90-009 m³
sorrounds to walls, inlets and outlets to 79.52
pipe culverts including formwork

08-90-006 Construction of Scour Checks No

26.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 240

 PAVED ROAD - SHOULDER MAINTENANCE
Bill No. 11 AND REPAIRS
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Prepare surface of existing shoulders, accesses
and busbays, including benching where
11-50-002 necessary, water, process and compact in m2
6,000.00
accordance with the specifications and as
directed by the Engineer to receive gravel
11-50-003 Provide, place and compact natural gravel to m3
shoulders, sccesses and busbays 1,800.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 241

 NATURAL MATERIAL BASES AND
Bill No. 12 SUBBASE
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Provide, place, spread and compact natural
12-50-002 gravel for subbase. m3 1,366.20
Provide, place, spread and compact base
12-60-002 repair-Stabilized Gravel. m3 1,168.20

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 242

 CEMENT AND LIME TREATED
Bill No. 14 SUBGRADE, SUBBASE AND BASE
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Provide, transport, spread, cement stabilizer
14-50-001 on material ton 147.06
Mixing in cement/lime stabilizer into natural
14-50-003 gravel m3 4,167.00

14-50-004 Curing and protection of treated layers m2 27,780.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 243

 BITUMINOUS TREATMENTS AND SURFACE
Bill No. 15 DRESSING
Billed
Billed Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
15-50-001 Prepare surface to receive treatment. m2
14,030.00
Provide and spray MC 30 cut-back bitumen as
15-50-002 prime coat to carriageway, shoulders, busbays and l
junctions at rate 0.8-1.2lts/m2 as prime coat 16,836.00
Provide, spread and roll 10/14mm pre-coated 3
15-60-005 m
chipping 562.12
Provide, heat and spray 80/100 pen grade bitumen
15-92-001 for 1st seal on carriageway, on shoulders busbays l
and junction at rate of 0.9-1.2lts/m2 57,336.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 244

Bill No. 16 BITUMINOUS MIXES
Billed Unit Bid Billed Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Provide, lay and roll asphalt concrete type 1
16-80-001 (bitumen content 5-6% by weight) as directed by 285.00
the Engineer m3
Provide and spray K-160 as tack coat at a rate
16-80-003 of 0.8-1.0 L/sq metre as directed by the
5,700.00
Engineer l

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 245

 ROAD FURNITURE REPAIR AND
Bill No. 20 MAINTENANCE
Billed Unit Bid Billed Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)

20-50-001 Road reserve boundary posts no 10.00

20-50-010 Guardrail installation m 60.00

Provide and erect warning type signs
20-70-002 750mm size no 20.00
Provide and erect standard informatory
20-70-004 signs 400*300 mm no 10.00
Provide and erect mandatory signs 600mm
20-70-005 diameter no 10.00
Provide and erect Non-Standard
20-70-008 informatory signs: (c) 2-5m2 area no 2.00
Provide and erect Non-Standard
20-70-009 informatory signs: (d) >5m2 area no 4.00
Provide, plant, water and tender trees
seedlings until firmly established as
directed by the Engineer
20-70-027 no 1,000.00
Paint 0.1m with thermoplastic yellow
20-70-010 centreline on the road as specified m2 500.00
Paint 0.1m with thermoplastic white
20-70-011 centreline on the road as specified m2 1,000.00
Provide white reflective delineators (cat
20-70-025 eyes) as directed by the Engineer no 150.00

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 246

Bill No. 26 PERFORMANCE CONTRACT
Billed Unit Bid Billed Amount
Item No. Description Units Quantity Rate(Ksh) (KSh)
Performance Based Routine Maintenance Km-
26-50-007 on and off carriageway paved Month 710.40

Total Carried Forward to Summary:

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 247

APPENDIX A FOR ITEM 01-80-030A
PART I
RATES FOR EENGINEERS SUPERVISORY STAFF
KeNHA
NO. DESIGNATION Rates
Grade
Per
Wages & Per Diem - Per Diem
Diem - Field Allowance
Salaries Cluster 1 -Cluster 2
Cluster 3 (Daily)
(Monthly) (Daily) (Daily)
(Daily)
1. Engineers

1 Director General 18,200.00 12,600.00 10,500 -

2 Director 16,800.00 12,600.00 10,500 -

3 Resident Engineer (DD)/Deputy Director 3 16,800.00 12,600.00 10,500 -

4 Resident Engineer (AD) 4 14,000.00 10,500.00 8,400 -

5 Senior Engineer 5 14,000.00 10,500.00 8,400 -

6 Engineer 6 11,200.00 8,400.00 7,000 -
7 Senior Engineer (Projects) 6,300.00 4,900.00 4,200 -
8 Engineer (Projects) 6,300.00 4,900.00 4,200 -
9 Assistant Engineer (Projects) 6,300.00 4,900.00 4,200 -
10 Intern Engineer (Projects) 6,300.00 4,900.00 4,200 -

2. Inspectorate
1 Roads Superintendent 7 11,200.00 8,400.00 7,000 1,750.00
2 Roads Inspector 8 11,200.00 8,400.00 7,000 1,750.00
3 Roads Overseer 9 6,300.00 4,900.00 4,200 1,050.00
4 Inspector (Projects) 6,300.00 4,900.00 4,200 -
5 Assistant Inspector (Projects) 6,300.00 4,900.00 4,200 -

3. Labaratory
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 248
 1 Material Technologist 11,200.00 8,400.00 7,000 1,750.00
2 Lab Technician 6,300.00 4,900.00 4,200 1,050.00
3 Lab Attendant 6,300.00 4,900.00 4,200 1,050.00
4 Lab Technician (Projects) 6,300.00 4,900.00 4,200 1,050.00
5 Lab Attendant (Projects) 6,300.00 4,900.00 4,200 1,050.00

4. Survey

1 Senior Surveyor 5 14,000.00 10,500.00 8,400 2,100.00

2 Surveyor 6 11,200.00 8,400.00 7,000 1,750.00
3 Senior Assistant Surveyor 7 11,200.00 8,400.00 7,000 1,750.00
4 Surveyor (Projects) 6,300.00 4,900.00 4,200 -
5 Assistant Surveyor (Projects) 6,300.00 4,900.00 4,200 -
6 CAD Technician (Projects) 6,300.00 4,900.00 4,200 -
7 Leveller (Projects) 6,300.00 4,900.00 4,200 -
8 Chainman (Projects) 6,300.00 4,900.00 4,200 -

5. Drivers
1 Senior Driver 8 11,200.00 8,400.00 7,000 1,750.00
2 Driver 9 6,300.00 4,900.00 4,200 1,050.00
3 Driver (Projects) 6,300.00 4,900.00 4,200 -

6. Admin

1 Senior Officer 5 14,000.00 10,500.00 8,400 -

2 Officer 6 11,200.00 8,400.00 7,000 -
3 Senior Assistant Officer 7 11,200.00 8,400.00 7,000 -
4 Assistant Officer 8 11,200.00 8,400.00 7,000 -
5 Senior Office Assistant 9 6,300.00 4,900.00 4,200 -
6 Office Assistant 10 6,300.00 4,900.00 4,200 -
7 Accountant (Projects) 6,300.00 4,900.00 4,200 -
8 Assistant Accountant (Projects) 6,300.00 4,900.00 4,200 -
9 Procurement Officer (Projects) 6,300.00 4,900.00 4,200 -
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 249
 10 Assistant Procurement Officer (Projects) 6,300.00 4,900.00 4,200 -
11 Environmental Officer (Projects) 6,300.00 4,900.00 4,200 -

12 Assistant Environmental Officer (Projects) 6,300.00 4,900.00 4,200 -

13 ICT Officer (Projects) 6,300.00 4,900.00 4,200 -
14 Assistant ICT Officer (Projects) 6,300.00 4,900.00 4,200 -
15 Human Resource Officer (Projects) 6,300.00 4,900.00 4,200 -

16 Asst. Human Resource Officer (Projects) 6,300.00 4,900.00 4,200 -

17 Secretary (Projects) 6,300.00 4,900.00 4,200 -
18 Office Assistant (Projects) 6,300.00 4,900.00 4,200 -
19 Office Attendant (Projects) 6,300.00 4,900.00 4,200 -
20 Casual Laborer (Daily) 1,000.00 1,000.00 1,000 -
21 Intern 6,300.00 4,900.00 4,200 -
22 Attachee 6,300.00 4,900.00 4,200 -
7.
Security
(Police
Officers)
1 Inspector 8 11,200.00 8,400.00 7,000.00
2 Senior Sergent 8 11,200.00 8,400.00 7,000.00
3 Sergeant 8 11,200.00 8,400.00 7,000.00
4 Corporal 9 6,300.00 4,900.00 4,200.00
5 Constable 10 6,300.00 4,900.00 4,200.00
SUB TOTAL A (Allowances Provision KeNHA Staff for the Contract Duration)

PART II
KeNHA PROJECT STAFF RENUMERATION SCALE
1. TECHNICAL STAFF
Civil Engineering Degree Holders

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 250

 Gross Monthly
Renumeration
S/n Staff Designation Minimum Qualifications
(Man Months)
(KShs)
1 Senior Engineer i. Holds a Degree in Civil Engineering or its equivalent.
ii. Registered Professional Civil Engineer with EBK and a
206,400.00
corporate member of IEK.
iii. Has Worked with KeNHA for over 3 years.
i. Holds a Degree in Civil Engineering or its equivalent from an
2 Engineer
institution recognized by EBK.
ii. Registered Graduate Civil Engineer with EBK. 117,500.00
iii. Has over 5 years Post-Registration Experience in Roads.
iv. Has Worked with KeNHA for over 3 years.
i. Holds a Degree in Civil Engineering or its equivalent from an
3 Assistant Engineer
institution recognized by EBK.
ii. Registered Graduate Civil Engineer with EBK. 93,500.00
iii. Has over 3 years Post-Registration Experience in Roads.
iv. Has Worked with KeNHA for over 2 years.
i. Holds a Degree in Civil Engineering or its equivalent from an
4 Graduate Engineer
institution recognized by EBK.
71,500.00
ii. Registered Graduate Civil Engineer with EBK.
iii. Has over 1 year Post-Registration Experience.
i. Holds a Degree in Civil Engineering or its equivalent from an
5 Trainee Engineer/ Intern
institution recognized by EBK.
ii. Registered or awaiting Registration as a Graduate Civil 25,000.00
Engineer with EBK.
ii. Fresh Graduate from University.
Civil Engineering Diploma Holders
Gross Monthly
Renumeration
S/n Staff Designation Minimum Qualifications
(Man Months)
(KShs)
1 Superintendent i. Holds a Diploma in Civil Engineering - Highways Category.
93,500.00
ii. Has over 6 Years Post graduation Practical Experience in

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 251

 Roads.
iii. Has worked with KeNHA for over 4 years.

2 Inspector i. Holds a Diploma in Civil Engineering - Highways Category.

ii. Has over 3 Years Post graduation Practical Experience in
71,500.00
Roads.
iii. Has worked with KeNHA for over 2 years.

3 Assistant Site Inspector i. Holds a Diploma in Civil Engineering - Highways Category.

ii. Has over 2 Years Post Graduation Practical Experience in 52,500.00
Roads.

4 Trainee Site Inspector i. Holds a Diploma in Civil Engineering - Highways Category.

30,000.00
ii. Fresh Graduate.

Construction/Project Management Degree Holders

Gross Monthly
Renumeration
S/n Staff Designation Minimum Qualifications
(Man Months)
(KShs)
i. Holds a Degree in Project or Construction management or its
1 Project Inspector
equivalent.
ii. Construction Managers must be registered as Professionals
with ACMK (Assosiation of Construction Managers of Kenya)
71,500.00
while Project Managers must be registered with KAPM (Kenya
Assosiation of Project Managers) and PMI (Project Management
Institute) as professionals.
iii. Has over 5 Years Post Graduation Experience

i. Holds a Degree in Project or Construction management or its

2 Assistant Project Inspectors
equivalent.
ii. Construction Managers must be registered as Graduate
52,500.00
members with ACMK (Assosiation of Construction Managers of
Kenya) while Project Managers must be registered with KAPM
(Kenya Assosiation of Project Managers)
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 252
 iii. Has over 3 years post Graduation Practical Experience

i. Holds a Degree in Project or Construction management or its

3 Trainee Project Inspector
equivalent. 30,000.00
ii. Fresh Graduate

Surveyors
Gross Monthly
Renumeration
S/n Staff Designation Minimum Qualifications
(Man Months)
(KShs)
1 Senior Surveyor i. Holds a Degree in Survey or its equivalent
ii. Registered as a Professional Member with the Institute of
204,600.00
Surveyors of Kenya
iii. Has over 5 Years of Practical Experience in Roads.
2 Surveyor i. Holds a Degree in Survey or its equivalent
ii. Registered as a Graduate Member with the Institute of Survey
117,500.00
of Kenya
iii. Has over 3 Years of Practical Experience in Roads.
3 Assistant Surveyor/Leveller i. Holds a Degree/Diploma in Survey or its equivalent
71,500.00
ii. Fresh from college
4 Chainman i. Has over 1 year of practical experience in roads survey 36,500.00

2. NON-TECHNICAL STAFF
Finance Office
Holds a Bachelors of Commerce (Finance & Banking) or it's
1 Assistant Accountant
equivalent.
Holds atleast CPA-I 71,500.00
Has atleast 3 years post graduate practical experience.
Has worked with KeNHA for over 2 years.
Holds a Bachelors of Commerce (Finance & Banking) or it's
2 Trainee Accountant
equivalent. 52,500.00
Fresh from university
Procurement Office
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 1 Procurement Officer Holds a Degree in Supply Chain Management or its equivalent
Has over 3 years of experience. 117,500.00
Has worked with KeNHA for over 2 Year
2 Assistant Procurement Officer Holds a Diploma in Supply Chain Management or its equivalent
71,500.00
Has worked with KeNHA for over 1 Year
Holds a Degree/Diploma in Supply Chain Management or its
3 Trainee Procurement Officer
equivalent 52,500.00
Fresh From college
Procurement Office
Holds a Degree in Information Technology, Computer
Information Communications Technology
1 Science/Engineering or any other relevant and equivalent
Officer
qualification from a recognized Institution. 117,500.00
Has over 3 years of experience.
Has worked with KeNHA for over 2 Year
Holds a Diploma in Computer Science, Information Technology
Assistant Information Communications
2 or other relevant and equivalent qualifications from a recognized
Technology Officer 52,500.00
Institution
Has worked with KeNHA for over 1 Year
Administration
Holds a Bachelors Degree in Business Admnistration (Human
1 Assistant Human Resource
Resource Management) or its equivalent. 71,500.00
Has worked with KeNHA for over 2 years.
Office Assistant
1 Office Assistant/Clerks Has O-Level Certificate or its equivalent.
36,500.00
Trained on data keeping and/or computer applications.
SUB TOTAL B
Provision of a lump sum to be expended in overtime and allowances in accordance to Labour Laws and Human Resource
procedures & guidelines (30% of Sub Total B)
SUB TOTAL C (SUBTOTAL B + Provisional Sum for Overtime and Allowances)

GRAND TOTAL CARRIED FORWARD TO BILL 01-80-030A (SUB TOTAL A + SUB TOTAL C)

KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 254

APPENDIX B
KeNHA RE's OFFICE MISCELLANEOUS EXPENSES
1. Stationaries & Consumables
Rate Amount
NO. DESCRIPTION UNIT Quantity
(Ksh) (Ksh)
1 A3 Photocopy Papers (White) Reams 1
2 A4 Photocopy Papers (White) Reams 20
3 A4 Photocopy Papers (Coloured) Reams 10

4 Paper Conqueror Laid A4 (Blue,Cream) Reams 10

5 Hp Laser Jet Pro M102a CF 219A No. 1

6 Hp Laser Jet P1102 CE 285A No. 1
7 External Hard Disk 1TB No. 1
8 In/OutTray No. 4
9 Flash Disks 8GB No 2
10 Flash Disks 16GB No. 4
11 Flash Disk 32GB No 2
13 Thuraya Satelite Airtime Units 0
Reflector Jackets (Cloth-Custom made
14 No 0
& KeNHA branded)
15 Cooler Box No 12
16 Measuring Tapes 30fts No 0
17 Scientific Calculator No 3
18 Uni-ball pens (Blue/Black) Pkt. 3
19 Stapler Removers No. 4
20 Highlighters No. 10
21 Marker Pens No. 10
22 Stick Notes No 20
23 Short Hand Note Books No. 20
24 Muster Rolls Books No. 1
25 Biro Pens Sharp Pointed- Black No. 100
26 Biro Pens Sharp Pointed Blue No. 100
27 Biro Pens Sharp Pointed Red No. 100
28 Box File Medium (PVC) No. 20
29 Counter Books A4 (4 Quire) No. 10
30 Envelopes Brown Size 4.3 X 8.7 Inch No. 200
31 Envelopes Brown - A3 No. 200
32 Envelopes Brown-A4 No. 200
33 Envelopes Brown-A5 No. 200
34 Highlighting Pens No. 30
35 Paper Punch Medium No. 5
36 Pelikan ink 273 No. 10
37 Short Hand Note Books - A5 No. 50
38 Staple Pins 24/6 Pkts 50
39 Transparent Folders No. 50
40 Paper Clips 28mm No. 50
41 Stamp Pad Ink (Blue & Red) No. 10
42 White Out No. 10
43 Cello tape 1 inch No. 10
44 Embossed Covers (Blue & Green) Reams 10

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45 Clear Pocket Folder pcs 50
46 Glue Stick Pritt No. 10
47 Pencils No. 100
48 Delivery Book No. 2
49 Stick notes (Sign here) No. 100
50 Safety Boots No 12
2. Staff Welfare
1 Kitchen detergents Lot 1
2 Dust Coats & Masks No. 20
3 Milk Ltrs 120
4 Sugar Kgs 50
5 Assorted beverages Pkts 6
6 Hand Sanitizers (500) ml No. 40
7 Hand washing gels (Dettol).250 ml No. 40

8 Refillable Drinking water (20LTS) Bottle No. 36

Box (12
9 Drinking water (Small bottles) 72
pcs)
10 Subtotal A
3. Consumables and Allowances
1 Lunches No 24 20,000.00 480,000.00
Subtotal B
GRAND TOTAL CARRIED FORWARD TO BILL ITEM 01-80-026A

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APPENDIX C
LAB TESTS CHARGE SHEET AS PER MTRD

CONCRETE CUBES
Cost No of Total Cost
S/No. Description (Kshs) Test (Kshs)
1 Making and crushing of cubes (set of 3) 1500 3 4,500.00

AGGREGATES
1 Flakines Index (FI) 600 3 1,800.00
2 Bulk Density 500 3 1,500.00
3 LAA 1000 3 3,000.00
4 ACV 1000 3 3,000.00
5 Seave Analysis(Course Aggregates) 500 3 1,500.00
6 Seave Analysis(Fine Aggregates and Sand) 500 3 1,500.00
7 Water Absorbtion and Specific Gravity 900 3 2,700.00
8 Silt and Clay Content 500 3 1,500.00
9 10% Fines 1200 7 8,400.00
Weathering 5 cycles(SSS) on crushed graded
10 aggregares (ASTM) 3000 2 6,000.00
11 Arithmetical Mix Design(Calculation only) 2500 1 2,500.00
12 Concrete mix Design (Complete) 10000 1 10,000.00
13 Sand Equivalent 1000 7 7,000.00
14 Bulking Curves for sand 800 7 5,600.00

TAR,BITUMEN,ASPHALTS & SEALING COMPOUNDS

1 Desiltation of volatiles 750 3 2,250.00
2 Water Content in Bitumen 750 3 2,250.00
3 Penetration Test 500 3 1,500.00
4 Softening Point 500 3 1,500.00
5 Viscosity of Petroleum Products 750 3 2,250.00
6 Mix Design including Marshall & Voids 15000 2 30,000.00
7 Crushing Marshall Specimen (Sets of 3) 1800 3 5,400.00

8 Solubility in Trycloroethlene or Carbon Di-sulphide 750 3 2,250.00

9 Ductility Test in Bitumen 500 3 1,500.00
Differenciation Between Tar and Bitumen (Spot Test
10 Only) 300 3 900.00
11 Flash Point of Petroleum Products 750 3 2,250.00
12 Affinity for Bitumen 750 4 3,000.00
13 Loss on Heating Test 1000 1 1,000.00
14 Mix Design by vibrating Hummer Method 15000 2 30,000.00

15 Spread and Spray Rate Measurement per test 1000 7 7,000.00

16 CutBack Bitumen Design and Analysis 10000 1 10,000.00

SOIL ANALYSIS
Determination of liquid, plastic and linear shinkage
1 (Atterbergs) 500 7 3,500.00

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 2 Seave Analysis Down to 200 Mesh (0.075mm) Wet 500 7 3,500.00
3 Complete sieve analysis 1000 7 7,000.00
Moisture density (compaction test) BS or MOD,
4 AASHTO T180 1100 7 7,700.00
CBR dyamically compacted at 3 levels, 95% MDD MOD
5 AASHTO day soak 1800 7 12,600.00
CBR for stabilization and 7-day cure and 7 day soak
6 and statitally compacted to 95%MDD.MOD.AASHTO 2400 7 16,800.00
7 CBR for stabilized samples 1200 7 8,400.00
8 Moisture content determination 400 7 2,800.00
9 Sand replacement test 900 7 6,300.00
10 Sand replacement test for stabilised samples 750 7 5,250.00

Moisture/Density content determination (Compaction

11 Test) Proctor T90 - Sample Preparation before testing 300 7 2,100.00

Moisture/Density content determination (Compaction

12 Test) Proctor T90 - Vibrating Hammer 1600 7 11,200.00

OTHERS
1 Chemical Analysis of Cement 4000 1 4,000.00
2 Thermoplastic Paint Testing with beeds 10000 1 10,000.00
3 Cat eyes 4400 1 4,400.00
4 Guardrail Flex Beam, Post,Bolts and Nuts 6500 1 6,500.00
5 Gabion Box 6500 1 6,500.00
6 Major Tests on AC 18000 1 18,000.00
GRAND TOTAL CARRIED FORWARD TO BILL ITEM 01-80-010A 300,100.00

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 Table A. Schedule of Currency requirements

Summary of currencies of the Tender for [insert name of Section of the Works]

Name of currency Amounts payable

Local currency
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Provisional sums expressed in local currency [To be entered by Procuring Entity]

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 Table B. Summary of Payment Currencies

For ………………………………………………………….....… [insert name of Section of the

Works]

[Separate tables may be required if the various sections of the Works (or of the Bill of
Quantities) will have substantially different foreign and local currency requirements. The
Procuring Entity should insert the names of each Section of the Works]

Name of payment A B C D
currency Amount of Rate of Local currency Percentage of Net Tender
currency exchange (local equivalent Price (NBP)
currency per C=A*B 100*C
unit of foreign) NBP
Local currency 1.00

Foreign currency #1

Foreign currency #2

Net Tender Price 100.00

Provisional sums
expressed in local
currency
Delete if not
applicable:
Additional provisional
sums, expressed in
local currency, for
ESHS outcomes
TENDER PRICE

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SECTION VIII - DRAWINGS

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SECTION VIII DRAWINGS

Standard Drawings
Project Specific Drawings
Line Diagrams
Road Condition Survey (ARICS)

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 STANDARD DRAWINGS
SIDE DITCHES AND CUT OFF DITCHES

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CONCRETE SCOUR CHECKS

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STANDARD DRAWINGS FOR HUMPS, RUMBLE STRIPS AND WARNING SIGNS

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 Hump ahead sign

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DRAWING FOR GUARDRAIL

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DRAWING FOR DOCUMENT STOARAGE METAL CONTAINER

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 LINE DIAGRAM

LINE DIAGRAM FOR INSTRUCTED WORKS ON KCC (Sotik)-Ndanai-Gorgor (B133) Road

Description Units 0Km 2Km 4Km 6Km 8Km 10Km 12Km 14Km 16Km 18Km 20Km 22Km 24Km 26Km 28Km 29.6Km Total

Cut to Spoil in Soft Material

m3 165.00 165.00 330

Fill in Soft Material

m3 247.50 247.50 495

Gabions Installation
m2 20 40 30 10 100

Stone Pitching
m2 1,500.00 1500

Culvert Installation
m 15 18 36 12 60 18 18 36 60 273

Scourchecks Installation
N0. 36 6 18 36 96

Shoulder Gravelling
m3 900.00 900.00 1800

Base Repair
m3 357.14 357.14 357.14 357.14 357.14 357.14 357.14 2500.00

Surface Dressing
m3 112.42 112.42 112.42 112.42 112.42 562.12

Regulation
m3 285.00 285.00
Provide and erect warning type signs
750mm size no 4 4 4 4 4 20.00

Provide and erect standard mandatory

signs 600mm diameter
no 2 2 2 2 2 10.00

Road Marking center

m2 50 50 50 50 50 50 50 50 50 50 500.00

Road Marking Edge

m2 100 100 100 100 100 100 100 100 100 100 1000.00

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 ARICS REPORT (March 2023)
Pavement Condition Summary
ROAD CONDITION SURVEY - SUMMARY SHEET - PAVED KeNHA - South Rift RCSS-PR
COUNTY: BOMET REGION: SOUTH RIFT REGION

ROAD NO: B133 ROAD NAME: KCC-NDANAI-GORGOR ROAD LENGTH (km): 29.60
ON/OFF-CARRIAGEWAY PRIORITY FOR SPOT IMPROVEMENT
Sheet Length (Rate of Deterioration) Shoulder CULVERTS STRUCTURES INCL.
No. Km 1 2 3 4 5 grading N RR HR NH G B SHOULDER REHAB. SPOT RESEALING PROTECTION WORKS
1 5 2.6 2.4 5 36 1) Ch: 6+800-7+300 1) Ch:0+00-28+600 surface dressing 1) Ch: New culverts 600mm
2 5 1.4 3 0.6 5 5 30 12+100-12+800 0+840,3+060,3+100,5+150
3 5 4.2 0.8 5 2 57 20+000-20+400 5+150,6+800
4 5 0.6 3.4 1 5 2 2 85 2) Ch: 26+900-27+200 2) Ch: Crack sealing 2) Acess
7+400
culverts
,7+500Ch:
10+200-5no, 10+300,12+700,
5 5 4 1 5 1 44 9+400-10+600 15+250,16+000,20+000
6 3 0.4 1.2 1.6 21 18+200-20+000 19+540,19+680,20+000
3) Ch:Cut to spoil in soft 1200m3 3) Ch: Patching/overlay 3) Ch: 20+400
4+800-6+000 21+500
7+800-9+000 27+800
4) Ch: 4) Ch: Overlay10+500-11+800 4) Ch: Guard raip repair 200m
Overlay 13+500-14+300 btw 24+300-26+400
23+600-24+000 3+700-3+900
5) Ch: 5) Ch: Overlay 5) Ch: Stone pitching
6km 0+700-0+850
19+540-19+780
6) Ch: 6) Ch: 6) Ch: 20+000-20+200
0+00-28+600installation of standard RR markers
Road humps and signages 11no
7) Ch: 7) Ch: 7) Ch: Pedestrian crossing signs 25no
Bus bays 8 no
S km 28 5.0 18.2 3.4 S No 28.6 8 2 2 273 line drainage 600m

ROAD KM: 28

S % 0.19 0.68 0.13 Maintainable S(1-3) 23.2 Average Rate of Deterioration: 2.94

POSSIBLE ENVIRONMENTAL
PROJECTS IN THIS ROAD : Tea Factories ,Road construction equipments and De-forestation

COMPILED BY: MUSA KIMORIOT SIGN: MK DATE: 20/03/2023

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PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

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SECTION IX - CONDITIONS OF CONTRACT PART I -GENERAL CONDITIONS

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SECTION IX CONDITIONS OF CONTRACT PART I: GENERAL CONDITIONS OF
CONTRACT

The Conditions of Contract Part 1 – General Conditions shall be those forming Part 1 of the Conditions of
Contract for works of Civil engineering construction Fourth Edition 1987, reprinted in 1992 with further
amendments, prepared by the Federation Internationale des Ingenieurs Conseils (FIDIC)

Copies of the FIDIC Conditions of Contract can be obtained from:

FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
Fax: 41 21 653 5432
Telephone: 41 21 653 5003

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SECTION X - CONDITIONS OF CONTRACT PART II -CONDITIONS OF PARTICULAR
APPLICATION

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 SECTION X: CONDITIONS OF CONTRACT PART II: (CONDITIONS OF PARTICULAR
APPLICATION)

The following Conditions of Particular Application shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of
Contract. The Particular Condition is preceded by the corresponding clause number of the General Conditions
to which it relates.

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CONTENTS
CONDITIONS OF CONTRACT PART II (CONDITIONS OF PARTICULAR APPLICATION) 283
SUBCLAUSE 1.1 – DEFINITIONS .........................................................................................283
SUBCLAUSE 2.1 - ENGINEER’S DUTIES AND AUTHORITY. ......................................283
SUBCLAUSE 5.1 - LANGUAGE AND LAW .........................................................................283
SUBCLAUSE 5.2 – PRIORITY OF CONTRACT DOCUMENTS ......................................284
SUBCLAUSE 10.1 - PERFORMANCE SECURITY .............................................................284
SUBCLAUSE 10.2 - VALIDITY OF PERFORMANCE SECURITY .................................284
SUBCLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY ...........................285
SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY .........................................285
SUBCLAUSE 11. 1 - INSPECTION OF SITE ........................................................................285
SUBCLAUSE 11.2 - ACCESS TO DATA ...............................................................................285
SUBCLAUSE 14.1 PROGRAM TO BE SUBMITTED .........................................................285
SUBCLAUSE 14.3- CASH FLOW ESTIMATE .....................................................................287
SUBCLAUSE 15.1- CONTRACTOR’S SUPERINTENDENCE ..........................................287
SUBCLAUSE 15.2- LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S
AUTHORISED AGENT ....................................................................................287
SUBCLAUSE 16.2- ENGINEER AT LIBERTY TO OBJECT ............................................288
SUBCLAUSE 16.3- QUALIFICATION AND LANGUAGE ABILITY OF SUPERINTENDING STAFF
288
SUBCLAUSE 16.4 – EMPLOYMENT OF LOCAL PERSONNEL .....................................288
SUBCLAUSE 19.1- SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT 288
SUBCLAUSE 20.4 - EMPLOYERS RISKS ............................................................................289
SUBCLAUSE 21.1 - INSURANCE OF WORKS AND CONTRACTOR ‘S EQUIPMENT290
SUBCLAUSE 21.2 – SCOPE OF COVER ..............................................................................290
SUBCLAUSE 21.4 - EXCLUSIONS ........................................................................................290
SUBCLAUSE 23.2 – MINIMUM AMOUNT OF INSURANCE ...........................................291
SUBCLAUSE 25.1 – EVIDENCE AND TERMS....................................................................291
SUBCLAUSE 25.6 – INSURANCE NOTICES .......................................................................291
SUBCLAUSE 25.7 – NOTIFICATION TO INSURERS .......................................................291
SUBCLAUSE 28.2 – ROYALTIES ..........................................................................................291
SUBCLAUSE 29.1 – INTERFERENCE WITH TRAFFIC...................................................292
SUBCLAUSE 29.2 – REINSTATEMENT AND COMPENSATION FOR DAMAGES TO PERSONS
AND PROPERTY ..............................................................................................292
SUBCLAUSE 34.2 – CONDITIONS OF EMPLOYMENT OF LABOUR ..........................292
SUBCLAUSE 34.3 – FAIR WAGES ........................................................................................292
SUBCLAUSE 34.4 – BREACH OF FAIR WAGES CLAUSE ..............................................293
SUBCLAUSE 34.5 – RECRUITMENT OF UNSKILLED LABOUR ..................................293
SUBCLAUSE 34.6 – COMPENSATION FOR INJURY .......................................................293
SUBCLAUSE 34.7 – LABOUR STANDARDS .......................................................................294
SUBCLAUSE 35.2 – RECORDS OF SAFETY AND HEALTH ...........................................294
SUBCLAUSE 35.3 – REPORTING OF ACCIDENTS ..........................................................294
SUBCLAUSE 41.1 – COMMENCEMENT OF WORKS ......................................................294
SUBCLAUSE 44.1 – EXTENSION OF TIME FOR COMPLETION..................................295
SUBCLAUSE 45.1 – RESTRICTION ON WORKING HOURS..........................................295
SUBCLAUSE 47.2 – REDUCTION OF LIQUIDATED DAMAGES ..................................296
SUBCLAUSE 52.1 – VALUATION AND VARIATIONS .....................................................296
SUBCLAUSE 52.4 – DAYWORKS..........................................................................................297
SUBCLAUSE 54.1 – CONTROCTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS
297
SUBCLAUSE 55.2 – OMMISIONS OF QUANTITIES .........................................................298

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SUBCLAUSE 58.4 – PROVISIONAL ITEMS .......................................................................298
SUBCLAUSE 60.1 – MONTHLY STATEMENT ..................................................................298
SUBCLAUSE 60.2 INTERIM PAYMENT CERTIFICATE ................................................299
SUBCLAUSE 60.3 – PAYMENT OF RETENTION MONEY .............................................299
SUBCLAUSE 60.4– CORRECTION OF CERTIFICATES .................................................300
SUBCLAUSE 60.5– STATEMENT AT COMPLETION ......................................................300
SUBCLAUSE 60.6 – FINAL STATEMENT ...........................................................................300
SUBCLAUSE 60.7– DISCHARGE ..........................................................................................300
SUBCLAUSE 60.8 – FINAL PAYMENT CERTIFICATE ...................................................301
SUBCLAUSE 60.9– CESSATION OF EMPLOYERS LIABILITY ....................................301
SUBCLAUSE 60.10 – TIME FOR PAYMENT ......................................................................301
SUBCLAUSE 60.11 – CURRENCY OF PAYMENT .............................................................302
SUBCLAUSE 60.12 – ADVANCE PAYMENT ......................................................................302
SUBCLAUSE 60.13 MATERIALS FOR PERMANENT WORKS .....................................302
SUBCLAUSE 67.1 – ENGINEER’S DECISION ....................................................................303
SUBCLAUSE 67.2 – AMICABLE SETTLEMENT ...............................................................304
SUBCLAUSE 67.3 – ADJUDICATION ..................................................................................304
SUBClAUSE 67.3 – ARBITRATION ......................................................................................304
SUBCLAUSE 68.2 – NOTICES TO EMPLOYER AND ENGINEER .................................305
CLAUSE 69 – DEFAULT OF EMPLOYER...........................................................................305
CLAUSE 70 – CHANGES IN COST AND LEGISLATION.................................................306
CLAUSE 72 – RATES OF EXCHANGE COST ....................................................................308
CLAUSE 73 – BRIBERY AND COLLUSION .......................................................................309
CLAUSE 74 – CONTRACT CONFIDENTIAL ....................................................................309

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CONDITIONS OF CONTRACT PART II (CONDITIONS OF PARTICULAR APPLICATION)

SUBCLAUSE 1.1 – DEFINITIONS

Amend this sub-clause as follows:

(i) The “Employer” is the Kenya National Highways Authority, represented by the Director General - Kenya
national Highways Authority.

(iv) The “Engineer” is the Director, Maintenance - Kenya National Highways Authority.

(v) The “Engineer Representative” is the Deputy Director Trunk Network Coordination

(b) (i) Insert in line 2 after the Bills of Quantities”, the following, “the rates entered by the Contractor
(whether or not such rate be employed in computation of the Contract Price),”

Amend subparagraph (b) (v) of Sub-Clause 1.1 by adding the following words at the end:
The word “Tender” is synonymous with “bid” and the word “Appendix to Tender” with “Appendix to Bid”
and the word “Tender documents” with “bidding documents”.

Add the following at the end of this sub-clause:

(h) (i) “Materials” means materials and other things intended to form or forming part of the Permanent Works.

SUBCLAUSE 2.1 - ENGINEER’S DUTIES AND AUTHORITY.

With reference to Sub-Clause 2.1 (b), the following shall also apply: The Engineer shall obtain the specific
approval of the Employer before taking any of the following actions specified in Part 1:
(a) Consenting to the subletting of any part of the works under Clause 4;
(b) Certifying additional cost determined under Clause 12;
(c) Determining an extension of time under Clause 44;
(d) Issuing a variation under Clause 51;
(e) Fixing rates or prices under Clause 52
(f) The works specified under this Contract shall be executed, supervised and evaluated in accordance to the
Contract Supervision and Evaluation Manual developed by the Ministry of Roads – Version 2012

SUBCLAUSE 5.1 - LANGUAGE AND LAW

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The Contract document shall be drawn up in the ENGLISH LANGUAGE. Communication between the
Contractor and the Engineer’s Representative shall be in this given language.
The Laws applicable to this Contract shall be the Laws of the Republic of Kenya.

SUBCLAUSE 5.2 – PRIORITY OF CONTRACT DOCUMENTS

Delete the documents listed 1-6 and substitute:

(1) The Contract Agreement (if completed)
(2) The Letter of Acceptance;
(3) The Bid and Appendix to Bid;
(4) The Conditions of Contract Part II;
(5) The Conditions of Contract Part I;
(6) The Special Specifications;
(7) The Standard Specification for Road and Bridge Construction, 1986;
(8) The PBC Guidelines Edition 1.1 of February;
(9) Road Maintenance Manual, May 2010 Edition and Performance Based Contract Manuals.
(10) The Drawings;
(11) The priced Bills of Quantities
(12) Other documents as listed in the Appendix to form of Bid

SUBCLAUSE 8.2 - Site Operations and Method of Construction

Add
The Contract may be terminated if the Contractor is unable to take full responsibility for the adequacy,
stability and safety of all Site operations and methods of construction.

SUBCLAUSE 10.1 - PERFORMANCE SECURITY

Replace the text of Sub-clause 10.1 with the following:

“The Contractor shall provide security for his proper performance of the Contract within 14 days after receipt
of the Letter of Acceptance. The Performance Security shall be in the form of a bank guarantee as stipulated
by the Employer in the Appendix to Bid. The Performance Security shall be issued by a bank incorporated in
Kenya. The Contractor shall notify the Engineer when providing the Performance Security to the Employer.
“Without limitation to the provisions of the preceding paragraph, whenever the Employer determines an
addition to the Contract Price as a result of a change in cost, the Contractor, at the Engineers written request,
shall promptly increase the value of the Performance Security by an equal percentage.

SUBCLAUSE 10.2 - VALIDITY OF PERFORMANCE SECURITY

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The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability
Certificate. The security shall be returned to the Contractor within 14 days of expiration.

Add
The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of
his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the
Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the
contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the
Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered.

SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY

Delete the entire sub-clause 10.3.

The Employer shall be at liberty to claim part or the entire performance Security without informing or
notifying the Contractor provided that the conditions neccesitating the claim are contractual.

ADD NEW SUBCLAUSE;

‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY

The cost of complying with the requirements of this clause shall be borne by the Contractor.’

SUB CLAUSE 11. 1 - INSPECTION OF SITE

In line 17 after “affect his Tender” add

“and the Contractor shall be deemed to have based his BID on all the aforementioned”
Delete the last paragraph completely and replace with the following:
“The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and
hydrological information made available to the Contractor at the time of bidding or at any other time during
the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information
as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly.

ADD A NEW SUBCLAUSE;

‘SUBCLAUSE 11.2 - ACCESS TO DATA

Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed
elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

SUBCLAUSE 14.1 PROGRAM TO BE SUBMITTED

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The time within which the program shall be submitted shall be as specified in the Appendix to the Form of
Bid.
This detailed program shall be based upon the program submitted by the Contractor as part of his BID, where
this was required, and shall in no material manner deviate from the said program.

The program shall be in the form of a Critical Path Method Network (CPM Network) showing the order of
procedure and a description of the construction methods and arrangements by which the Contractor proposes
to carry out the works. It should also be supplemented by a time –bar chart of the same program. The program
shall be coordinated with climatic, groundwater and other conditions to provide for completion of the works in
the order and by the time specified. The program shall be revised at three-month intervals and should include a
chart of the principle quantities of work forecast for execution monthly.
The Contractor shall submit to the Engineer not later than the day or date mentioned in the Appendix to the
Form of Bid, a general description of his proposed arrangements and methods for the execution of the Works,
including temporary offices, buildings, access roads, construction plant and its intended production output,
working shift arrangements, labour strength, skilled and unskilled, supervision arrangements, power supply
arrangements, supply of materials including a materials utilization program, stone crushing, aggregate
production and storage, cement handling, concrete mixing and handling, methods of excavation, dealing with
water, testing methods and facilities.
During the execution of the works, the Contractor shall submit to the Engineer full and detailed particulars of
any proposed amendments to the arrangements and methods submitted in accordance with the foregoing.
If details of the Contractors proposals for Temporary Works are required by the Engineer for his own
information the Contractor shall submit such details within fourteen days of being requested to do so.

The Resident Engineer may at his discretion provide to the Contractor a Format of submitting the Program of
Works to comply with the Cash flow projections and budgets assigned to the project

The various operations pertaining to the works shall be carried out in such a progressive sequence as will
achieve a continuous and consecutive output of fully completed roadworks inclusive of all bridge works and
culverts within the time limits specified in the Contract. Generally, the Contractor shall start at one end of the
road and progress continuously towards the other without leaving any isolated section or sections of
uncompleted road provided always that the site of the works has been acquired in its entirety and the
encumbrances and services thereon removed.
The Contractor shall allow in his programme all published Kenya public holidays including but not limited to
the following per calendar year during which the Contractor shall not be permitted to work.
• New Year’s Day (1st January)
• Good Friday
• Easter Monday
• Labour day (1st May)
• Madaraka Day (1st June)
• IddUlFitr
• Utamaduni Day (10th October )
• Mashujaa Day (20th October)
• Jamhuri day (12th December)
• Christmas Day (25th December)
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 • Utamaduni day (26th December)

The Contractor shall also allow per calendar year for a further 2 unspecified public holidays which may be
announced by the Government of Kenya with no prior notification upon which he shall not be permitted to
work.

SUBCLAUSE 14.2- REVISED PROGRAMME

Add at the end of the first paragraph;

‘Failure by the Contractor to submit the Revised Work Program in the prescribed format and within the
stipulated period shall be considered a violation of his contractual obligations and a Notice for Termination
shall be issued to the Contractor.’

SUBCLAUSE 14.3- CASHFLOW ESTIMATE

The time within which the detailed cash flow estimate shall be submitted shall be as specified in the Appendix
to the Form of Bid.

SUBCLAUSE 15.1- CONTRACTOR’S SUPERINTENDENCE

Add the following at the end of the first paragraph of sub-clause 15.1:
“The Contractor shall, within Fourteen (14) days of receipt of the Engineer’s order to commence the works
inform the Engineer in writing the name of the Contractor’s Representative and the anticipated date of his
arrival on site. The Contractor shall also submit a specimen signature of his proposed Site Agent /Road
Manager who SHALL be the only signatory to payment of certificates/Monthly statements from the
Contractor.”

Add the following Sub-clause 15.2

‘SUBCLAUSE 15.2- LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S

AUTHORISED AGENT

Unless otherwise stated in the tender document, the Contractor’s Agent or Representative on the site shall
have a minimum qualification of a Registered Professional Engineer (Highways), BSc in Civil Engineering,
have a Current / Valid Registration by EBK or KETRB, have a PBC Certificate from KIHBIT or other
recognised institution and shall be able to read and write English fluently.

The Contractor’s Agent or Representative shall have at least 5 years relevant experience as a Site Agent.

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SUBCLAUSE 16.1- CONTRACTOR'S EMPLOYEES
Payment of Monthly Salaries/allowances to Contractor’s employees and allowances due to all officers
seconded by the Engineer to the assignment shall be made on or before the Fifth (5th) day of the following
month.
Failure to comply with the above, shall attract a penalty of KSh. 50,000.00 per day for the period
salaries/allowances are delayed.
The penalties accrued under this clause shall be deducted from any sums due to the contractor during the
preparation of the interim payment certificate.

SUBCLAUSE 16.2- ENGINEER AT LIBERTY TO OBJECT

At the end of this Clause add

“by a competent substitute approved by the Engineer and at the Contractors own expense.”
Add the following Sub-Clauses 16.3 and 16.4:

ADD THE FOLLOWING SUB-CLAUSE

‘SUBCLAUSE 16.3- QUALIFICATION AND LANGUAGE ABILITY OF SUPERINTENDING STAFF

Unless otherwise stated in the Tender document, the Contractor’s superintending staff shall meet the following
minimum qualifications:
Should have a working knowledge of English or Kiswahili. Should any of the superintending staff not be able
to meet this condition, the Contractor shall propose to the Engineer arrangements for provision of a sufficient
number of interpreters of approved qualifications. The Engineer, at his discretion, may amend, approve or
reject such arrangements or reject deployment of superintending staff not meeting the language requirements.
The Engineer may at any time during the duration of the Contract amend any approved arrangements made for
interpreters, which shall be implemented at the Contractors expense.
The key staff listed below must have academic qualifications from government-recognised institutions or
equivalent institutions of the levels set out in Section 5, Part 6.
• Site Agent /Road Manager
Qualifications as above shall be subject to verification and approval on site by the Engineer or his
representative on site before commencement of the said works.’

SUBCLAUSE 16.4 – EMPLOYMENT OF LOCAL PERSONNEL

The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with
appropriate qualifications and experience who are Kenya citizens.

SUBCLAUSE 19.1- SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT

Add Sub-Clause-paragraph (d) of Sub-Clause 19 as follows:

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Notwithstanding the Contractor’s obligation under Sub-Clause-paragraph (a), (b) and 9(c) of Sub-Clause 19.1
of the Conditions of Contract, the Contractor shall observe the following measures with a view to reducing or
elimination adverse environmental effects by the site works:
(i) All quarries and borrow pits shall be filled and landscaped to their original state after extraction of
construction material
(ii) Soil erosion due to surface runoff or water from culverts or other drainage structures should be
avoided by putting in place proper erosion control measures that shall include, but are not limited to
grassing and planting if trees
(iii) Long traffic diversion roads shall be avoided so as to minimize the effect of dust on the surrounding
environment. In any case all diversions shall be kept damp and dust free
(iv) Spillage of oils, fuels and lubricants shall be avoided and if spilt, shall be collected and disposed of
in such a way as not to adversely affect the environment
(v) Rock blasting near settlement areas shall be properly coordinated with the relevant officers of the
Government so as to minimize noise pollution and community interference.

Add Paragraph (e) of Sub-Clause 19.1 as follows:

e). Notwithstanding the Contractor’s obligation under Sub-Clause-paragraph (a), (b) and (c) of Sub-Clause
19.1 of the Conditions of Contract, the Contractor shall observe the following measures with a view to
enhance Road Safety to the Road Users and Site Workers:
vi. Prepare and submit a comprehensive Road Safety Implementation Plan within 14 days after receipt of
Order to commence for the Engineer’s Approval. The plan shall include but not limited to the
following:
• Night driving
• Safety of workers
• Diversions
• Traffic management Plan
• Towing of stalled vehicle
vii. The Contractor should identify, evaluate and monitor potential traffic and road safety risks to workers
and road users throughout the Contract life cycle and develop measures and plans to address them.
viii. The Contractor shall install and maintain standard approved traffic warning signs, directional signs,
secure the working areas and deploy flagmen at active construction sites.
ix. The Contractor shall assess each phase of the works, monitor incidents and accidents indicating the
mitigation measures undertaken and prepare monthly reports to be submitted to the Resident Engineer.
x. The Contractor shall factor the cost of implementation of the Road Safety Plan in the rates for the
Works.
Failure by the Contractor to observe the above safety features shall be deemed to be a violation of the
Contractor’s Obligations and shall be grounds for Suspension and/or Termination.

SUBCLAUSE 20.4 - EMPLOYERS RISKS

Delete Sub-Clause (h) and substitute with;

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 (h) any operation of the forces of nature (insofar as it occurs on site) which an experienced contractor:
(v) could not have reasonably foreseen, or
(vi) could reasonably have foreseen, but against which he could not reasonably have taken at least
one of the following measures:
(A) prevent loss or damage to physical property from occurring by taking appropriate measures or
(B) insure against such loss or damage

SUBCLAUSE 21.1 - INSURANCE OF WORKS AND CONTRACTOR ‘S EQUIPMENT

Delete the first sentence of this Clause and replace with the following:
“prior to commencement of the Works the Contractor shall, without limiting his or the Employer’s obligations
and responsibilities under Clause 20, insure to the satisfaction of the Employer:”

Add the following words at the end of Sub-paragraph (a) and immediately before the last word of Sub-
paragraph (b) of Sub-Clause 21.1:
“It being understood that such insurance shall provide for compensation to be payable in the types and
proportions of currencies required to rectify the loss or damage incurred”

SUBCLAUSE 21.2 – SCOPE OF COVER

Amend sub-paragraph (a) of Sub-Clause 21.2 as follows:

Delete words “from the start of work at the site” and substitute the words “from the first working day after the
Commencement Date”
Add the following as Sub-Clause (c) under Sub-Clause-Clause 21.2
(c) It shall be the responsibility of the Contractor to notify the insurance company of any change in the nature
and extent of the Works and to ensure the adequacy of the insurance coverage at all times during the period of
the Contract.

Add
The Contractor shall be expected to insure all road assets from damage and to pursue the insurance companies
as and when damages to these assets occur. In addition, the Contractor is expected to furnish the Engineer
with a copy of Insurance Policy of WIBA at the commencement of works.

SUBCLAUSE 21.4 - EXCLUSIONS

Amend Sub-Clause 21.4 to read as follows:

“There shall be no obligation for the insurances in Sub-Clause 21.1 to include loss or damage caused by the
risks listed under Sub-Clause 20.4 sub-paragraph (a) (i) to(iv) of the Conditions of Particular Application.”

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SUBCLAUSE 23.2 – MINIMUM AMOUNT OF INSURANCE

Add the following at the end of this Clause:

“.. with no limits to the number of occurrences”.

SUBCLAUSE 25.1 – EVIDENCE AND TERMS

Amend Sub-Claus OF INSURANCE 25.1 as follows:

Insert the words “as soon as practicable after the respective insurances have been taken out but, in any case,”
before the words “prior to the start of work at the site”

Add the following Sub-Clauses 25.5, 25.6

SUBCLAUSE 25.5 – INSURANCE NOTICES

Each policy of insurance effected by the Contractor for purposes of the Contract shall include a provision to
the effect that the Insurer shall have a duty to give notice in writing to the Contractor and Employer of the date
when a premium becomes payable. This shall not be more than thirty (30) days before that date and the policy
shall remain in force until thirty (30) days after the giving of such notice.

SUBCLAUSE 25.6 – NOTIFICATION TO INSURERS

It shall be the responsibility of the Contractor to notify insurers under any of the insurance referred to in the
preceding clauses 21, 23 and 24 on any matter or event, which by the terms of such insurance are required to
be so notified. The Contractor shall indemnify and keep indemnified the Employer against all losses, claims,
demands, proceedings, costs, charges and expenses whatsoever arising out of or in consequence of any default
by the Contractor in complying with the requirements of this Sub-Clause whether as a result of avoidance of
such insurance or otherwise.

SUBCLAUSE 28.2 – ROYALTIES

Add at the end of this Sub-Clause the following sentence:

“The Contractor shall also be liable for all payments or compensation if any that are levied in connection with
the dumping of part or all of any such material.”

Add
The Contractor shall be solely responsible for any Cess and any other fees that the County/Region May levy
on materials, goods or transportation within the Region
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SUBCLAUSE 29.1 – INTERFERENCE WITH TRAFFIC

Supplement Sub-Clause 29.1 by adding the following sentence at the end:

“The Contractor will be permitted to use existing public roads for access to the site. The Contractor shall pay
vehicle license tax and road maintenance duty in accordance with relevant regulations and shall obtain any
necessary permits or licenses from relevant authorities for transporting his equipment.”

Add the following subclause 29.2:

SUBCLAUSE 29.2 – REINSTATEMENT AND COMPENSATION FOR DAMAGES TO PERSONS AND

PROPERTY

The Contractor shall reinstate all properties whether public or private which are damaged in consequence of
the construction and, maintenance of the works to a condition as specified and at least equal to that prevailing
before his first entry on them.
If in the opinion of the Engineer the Contractor shall have failed to take reasonable and prompt action to
discharge his obligations in the matter of reinstatement, the Engineer will inform the Contractor in writing of
his opinion, in which circumstances the Employer reserves the right to employ others to do the necessary work
of reinstatement and to deduct the cost thereof from any money due or which shall become due to the
Contractor.
The Contractor shall refer to the Employer without delay all claims which may be considered to fall within the
provisions of Clause 22.1.
Add the following Sub-Clause 34.2 to 34.8

SUBCLAUSE 34.2 – CONDITIONS OF EMPLOYMENT OF LABOUR

The Contractor shall be responsible for making all arrangements for and shall bear all costs relating to
recruitment, obtaining of all necessary visas, permits or other official permission for movements of staff and
labour.

SUBCLAUSE 34.3 – FAIR WAGES

The Contractor shall, in respect of all persons employed anywhere by him in the execution of the Contract,
and further in respect of all persons employed by him otherwise than in the execution of the Contract in every
factory, Workshop or place occupied or used by him for the execution of the Contract, observe and fulfil the
following conditions:
(a) The Contractor shall pay rates of wages, observe hours of labour and provide conditions of labour,
housing, amenities and facilities not less favourable than those required by the latest Regulation of Wages
(Building and Construction Industry) Order as of the time of bid submission, and subsequent amendments
thereto, or in any wage scales, hours of work or conditions agreed by the Ministry of Labour or other
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Government Department in consultation with the appropriate wage fixing authority and generally recognized
by other employees in the district whose general circumstances in the trade or industry in which the Contractor
is engaged are similar.
(b) In the absence of any rates of wages, hours or conditions of labour so established the Contractor shall pay
rates of wages and observe hours and conditions of labour which are not less favourable than the general level
of wages, hours and conditions observed by other Employers whose general circumstances in the trade or
industry in which the Contractor is engaged are similar.
(c) Where the absence of established rates of wages, hours and conditions of labour or the dissimilarity of the
general circumstances in the trade of industry in which the Contractor is engaged prevent the Contractor from
observing rates of wages, hours and conditions of labour ascertained under sub-paragraph (a) and (b) above
the Contractor in fixing the rates of wages, hours and conditions of labour of his employees shall be guided by
the advice of the Labour Department.
(d) The Contractor shall recognize the freedom of his employees to be members of trade unions.
(e) The Contractor shall maintain records in English of the time worked by, and the wages paid to, his
employees. The Contractor shall furnish to the Engineer or Employer, if called upon to do so, such particulars
of the rates, wages and conditions of labour as the Employer or Engineer may direct.
(f) The Contractor shall at all times during the continuance of the contract display, for the information of his
employees in every factory, workshop or place occupied or used by him for the execution of the Contract, a
copy of this clause together with a notice setting out the general rates of wages, hours and conditions of labour
of his employees.
(g) The Contractor shall be responsible for the observance of this clause by sub-Contractors employed in the
execution of the works.

SUBCLAUSE 34.4 – BREACH OF FAIR WAGES CLAUSE

Any Contractor or Sub-Contractor who is found to be in breach of Fair Wages Clause shall cease to be
approved as a Contractor or Sub-Contractor for such period as the Permanent Secretary for the Ministry of
Transport and Infrastructure may determine.

Should a claim be made to the Employer alleging the Contractor’s default in payment of Fair Wages of any
workman employed on the Contract and if proof thereof satisfactory to the Employer is furnished by the
Labour Authority, the Employer may, failing payment by the Contractor, pay the claims out of any monies
due or which may become due to the Contractor under the Contract.

SUBCLAUSE 34.5 – RECRUITMENT OF UNSKILLED LABOUR

Any additional unskilled labour which is required by the Contractor for the works and which is not in his
employ at the time of the acceptance of the BID shall be recruited by the Contractor from the Labour
Exchange or Exchange or Exchanges nearest to the site or sites of the work.

SUBCLAUSE 34.6 – COMPENSATION FOR INJURY

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The Contractor shall in accordance with the Workmen’s Compensation Act of the Laws of Kenya and any
other regulations in force from time to time pay compensation for loss or damage suffered in consequence of
any accident or injury or disease resulting from his work to any workman or other person in the employment
of the Contractor or any Subcontractor.

SUBCLAUSE 34.7 – LABOUR STANDARDS

(a) the Contractor shall comply with the existing local labour laws, regulations and labour standards
(b) the Contractor shall formulate and enforce an adequate safety program with respect to all work under his
contract, whether performed by the Contractor or subcontractor. The Contractor has assurance from the
Employer of cooperation where the implementation of these safety measures requires joint cooperation.
(c) Upon written request of the Employer the Contractor shall remove or replace any of his employees
employed under this Contract.
Add the following Sub-Clause 35.2 and 35.3.

SUBCLAUSE 35.2 – RECORDS OF SAFETY AND HEALTH

The Contractor shall maintain such records and make such reports concerning safety, health and welfare of
persons and damage to property as the Engineer may from time to time prescribe.

SUBCLAUSE 35.3 – REPORTING OF ACCIDENTS

The Contractor shall report to the Engineer details of any accident as soon as possible after its occurrence. In
the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineer immediately
by the quickest available means. The Contractor shall also notify the relevant authority whenever the Laws of
Kenya require such a report.

SUBCLAUSE 36.1 – MATERIALS, PLANT AND WORKMANSHIP

Add at the end of Sub-Clause 36.1 the following:

Failure by the Contractor to observe and control quality of the works shall be deemed to be a violation of the
Contractor’s Obligations and shall be grounds for Suspension of works and/or Termination of Contract.
The Contractor shall submit to the Engineer, Project Specific Quality Management Plan for approval 14 days
after issuance of order to commence. The Plan shall include but not limited to:
1. Key staff that will be involved in the project and their role in quality management
2. Resources (Human and machinery) and Resource allocation in quality management
3. Processes and procedures to be followed in quality management
4. Controls to be put in place to ensure that the quality management plan is adhered to.
5. Reporting methodology on quality Management

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 6. Methodology on inspection, testing, monitoring and measuring to ensure conformity to quality
requirement in accordance with the contract.
7. Description on correction action to be undertaken on non-conforming outputs and corrective action to
avoid recurrence.

SUBCLAUSE 41.1 – COMMENCEMENT OF WORKS

Amend Sub-Clause 41.1 as follows:

Delete the words “as soon as is reasonably possible” in the first sentence and replace with “within the period
stated in the Appendix to Bid”.

SUBCLAUSE 43.1 – TIME FOR COMPLETION

Amend Sub-Clause 43.1 as follows:

Delete the words “within the time” to “such extended time” and substitute “by the date or dates stated or
implied in Clause 14 of these Conditions of Particular Application.

SUBCLAUSE 44.1 – EXTENSION OF TIME FOR COMPLETION

Add at the end of Sub-Clause 44.1 the following:

“Neither rains falling within the rainy seasons as occurs in Kenya nor floods caused by such rains shall be
deemed exceptional weather conditions such as may fairly entitle the Contractor to an extension of time for
the completion of the work.”
“The Contractor shall not be entitled to any claims on VOP or extra monies due to Extension of Time awarded
unless the delays causing the extension of time are caused by the Employer.

SUBCLAUSE 45.1 – RESTRICTION ON WORKING HOURS

Add at the end of Sub-Clause 45.1 the following:

“If the Contractor requests permission to work by night as well as by day, then if the Engineer shall grant such
permission the Contractor shall not be entitled to any additional payments for so doing. All such work at night
shall be carried out without unreasonable noise or other disturbance and the Contractor shall indemnify the
Employer from and against any liability for damages on account of noise or other disturbance created while or
in carrying out night work and from and against all claims, demands, proceedings, costs, charges and expenses
whatsoever in regard or in relation to such liability.
“In addition, the Contractor will be required to provide, for any work carried out at night or recognized days of
rest, adequate lighting and other facilities so that the work is carried out safely and properly.
“In the event of the Engineer granting permission to the Contractor to work double or rotary shifts or on
Sundays, the Contractor shall be required to meet any additional costs to the Employer in the administration
and supervision of the Contract arising from the granting of this permission.”

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SUBCLAUSE 47.1(B) – PENALTY FOR NOT ATTENDING TO POTHOLES

“If the Contractor trims/excavates any single pothole for repair and fails to seal it with AC within a period of
48 hours from the time of the excavation, penalty shall be charged to the contractor in the next due certificate
at a rate specified in the Appendix to form of bid per pothole.

SUBCLAUSE 47.2 – REDUCTION OF LIQUIDATED DAMAGES

Add the following paragraphs at the end of this Sub-Clause:

“There shall be no reduction in the amount of liquidated damages in the event that a part or a section of the
Works within the Contract is certified as completed before the whole of the Works comprising that Contract.

The Employer shall pay no bonus for early completion of the Works to the Contractor.
The sum stated in the Appendix to Bid as liquidated damages shall be increased by a sum equivalent to any
additional amount payable by the Employer to the Contractor under clause 70.1 in respect of an increase in
costs in such a period that would not have been incurred by the Contractor if the works had been completed by
the due date for completion prescribed by Clause 43.”

Add
The Employer may, without prejudice to any other method of recovery, deduct the amount of such damages
from any monies due or to become due to the Contractor, and after the limit of deduction prescribed in the
Appendix to tender is reached, the Contract shall be considered due for Termination.

SUBCLAUSE 48.3 – SUBSTANTIAL COMPLETION OF PARTS

In Hybrid PBC Works Contracts, when Instructed works are substantially completed, the same works shall be
taken over and shall be considered complete.

SUBCLAUSE 49.1 – DEFECTS LIABILITY PERIOD

Defects liability period shall start for Instructed works immediately the works are certified as Complete by the
Engineer. The period of Defects liability shall be prescribed in the Appendix to the Contract.

SUBCLAUSE 49.2 – COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS

Add

At the time of End of Defects Liability Inspection, no defect arising from the permanent works existing shall
be acceptable for taking over. The Inspection team shall verify and satisfy themselves that all the outstanding
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works and defects arising out of the works have been attended to sufficiently. Routine Maintenance
works/PBC Works shall also be inspected at the time of End of Defects Liability Inspection and should
comply to the specifications of the PBC Works.

SUBCLAUSE 51.1 – VARIATIONS

Add the following at the end of the last paragraph

No such variations in any way shall contravene the requirements of Public Procurement and Disposal Act of
2015 and the amendments thereof.

SUBCLAUSE 52.1 – VALUATION AND VARIATIONS

Add new Clause 52.2(c)

No change in the unit rates or prices quoted shall be considered for items included in the schedule of
Dayworks rates, or Provisional Sums and items, or for any item in the BOQ.

Add new clause 52.3

SUBCLAUSE 52.3 – VARIATIONS EXCEEDING 25 PERCENT

Subject to requirements of Public Procurement and Disposal Act of 2015 and the amendments thereof,
variations above 25 percent critical to the proper function of the completed works and without which part or
whole of already specified work in the bill of quantities cannot be adequately executed may constitute ground
for Contract termination by either parties.

In which case, the Engineer shall give 28-day notice to the Contractor with a copy to the Employer of such
occurrence. The Contract shall terminate at the expiry of the notice.

SUBCLAUSE 52.4 – DAYWORKS

Add the following at the end of Sub-Clause 52.4:

The work so ordered shall immediately become part of the works under the contract. The Contractor shall, as
soon as practicable after receiving the Dayworks order from the Engineer undertake the necessary steps for
due execution such work. Prior to commencement of any work to be done on a Dayworks basis, the
Contractor shall give an advance notice to the Engineer stating the exact time of such commencement.

SUBCLAUSE 54.1 – CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS

: Exclusive use for the works
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Amend Sub-Clause 54.1 as follows:
Line 5: add “written” between “the” and “consent”.
Delete Sub-Clauses 54.2 and 54.5.

Add

The Contractor shall be at liberty to deliver and withdraw equipment as and when needed for the undertaking
of works under this contract according to the equipment deployment schedule and work program approved. If
a particular equipment is required and the contractor is unable at the required time to avail the said equipment,
the contractor shall be expected to notify the Engineer of the possible reasons and adjustments made to such
delays. No Provisions shall be made for any claims on Idle Equipment.

SUBCLAUSE 55.2 – OMMISIONS OF QUANTITIES

Items of Works described in the Bills of Quantities for which no rate or price has been entered in the Contract
shall be considered as included in other rates and prices in the Contract and will not be paid for separately by
the Employer.
Add the following Sub-Clause 58.4:

SUBCLAUSE 58.4 – PROVISIONAL ITEMS

Provisional items shall be read as Provisional Sums and shall be operated as such in accordance with Sub-
Clauses 58.1 to 58.3.

Clause 60 of the General Conditions is deleted and substituted with the following: -

SUBCLAUSE 60.1 – MONTHLY STATEMENT

The Contractor shall submit a statement to the Engineer at the end of each month, in a tabulated form
approved by the Engineer, showing the amounts to which, the Contractor considers himself to be entitled. The
statement shall include the following items, as applicable;

- the value of the Permanent Work executed up to the end of previous month
- such an amount (not exceeding 75 percent of the value) as the Engineer may consider proper on account
of materials for permanent work delivered by the Contractor in the site
- such amount as the Engineer may consider fair and reasonable for any Temporary Works for which
separate amounts are provided in the Bill of Quantities

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 - adjustments under Clause 70
- any amount to be withheld under retention provisions of Sub-clause 60.3
- any other sum to which the Contractor may be entitled under the Contract

If the Engineer disagrees with or cannot verify any part of the statement, the Contractor shall submit such
further information as the Engineer may reasonably require and shall make such changes and corrections in
the statement as may be directed by the Engineer. In cases where there is difference in opinion as to the value
of any item, the Engineer’s view shall prevail. In case the Contractor fails to submit the statements, the
Engineers Progress report shall form the Contractor’s statement.

SUBCLAUSE 60.2 INTERIM PAYMENT CERTIFICATE

The Contractor shall forward to the Engineer an Interim Payment Certificate based on the statement as
corrected above and, should it be necessary in the Engineers opinion, shall promptly make any further
amendments and corrections to the Interim Payment Certificate.

The Engineer shall not unreasonably withhold certifying an Interim Payment Certificate and in case of likely
delay in establishing the value of an item, such item may be set aside and the remainder certified for payment.

Within 45 days after receipt of the Interim Payment Certificate and subject to the Contractor having made
such further amendments and corrections as the Engineer may require, the Engineer will forward to the
Employer the certified Interim Payment Certificate.

Provided that the Engineer shall not be bound to certify any payment under this Clause if the net amount
thereof, after all retentions and deductions, would be less than the minimum amount of Interim Payment
Certificate’s stated in the Appendix to Form of Bid. However, in such a case, the uncertified amount will be
added to the next interim payment, and the cumulative unpaid certified amount will be compared to the
minimum amount of interim payment.

SUBCLAUSE 60.3 – PAYMENT OF RETENTION MONEY

A retention amounting to the percentage stipulated in the Appendix to Bid shall be made by the Engineer in
the first and following Interim Payment Certificates until the amount retained shall reach the "Limit of
Retention Money" named in the Appendix to Form of BID.

Upon the issue of the Taking-Over Certificate, with respect to the whole of the works one half of the retention
money shall become due and shall be paid to the Contractor when the Engineer shall certify in writing that the
last section of the whole works has been substantially completed.
Upon expiration of the Defects Liability Period for the works, the other half of the Retention Money shall be
certified by the Engineer for payment to the Contractor.

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Provided that in the event of different Defects Liability Periods being applicable to different Sections of the
Permanent Works pursuant to Clause 48, the expression “expiration of the Defects Liability Period “Shall, for
the purpose of this sub-clause, be deemed to mean the expiration of the latest of such periods.

Provided also that if at such time, there remain to be executed by the Contractor any work instructed, pursuant
to Clause 49 and 50, in respect of the works, the Engineer shall be entitled to withhold certification until
completion of any such work or so much of the balance of the Retention money as shall in the opinion of the
Engineer, represents the cost of the remaining work to be executed.

SUBCLAUSE 60.4– CORRECTION OF CERTIFICATES

The Engineer may in any Interim Payment Certificate make any correction or modification to any previous
Interim Payment Certificate signed by him and shall have authority, if any work is not being carried out to his
satisfaction to omit or reduce the value of such work in any Interim Payment Certificate.

SUBCLAUSE 60.5– STATEMENT AT COMPLETION

Not later than 84 days after the issue of the Taking-Over Certificate in respect of the whole of the works, the
Contractor shall submit to the Engineer a statement at completion showing in detail, in a form approved by the
Engineer;
The final value of all work done in accordance with the Contract up to the date stated in such Taking-Over
Certificate.
Any further sums which the Contractor considers to be due; and
An estimate of amounts that the Contractor considers will become due to him under the Contract.
Estimate amounts shall be shown separately in the Statement at Completion. The Contractor shall amend and
correct the Statement as directed by the Engineer and submit a Certificate at Completion to be processed as in
Sub-Clause 60.2.

SUBCLAUSE 60.6 – FINAL STATEMENT

Not later than 56 days after the issue of the Defects Liability Certificate pursuant to Sub-Clause 62.1, the
Contractor shall submit to the Engineer for consideration a draft final statement with supporting documents
showing in detail, in the form approved by the Engineer;
The final value of all work done in accordance with the Contract;
Any further sums which the Contractor considers to be due to him.
If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit
such further information as the Engineer may reasonably require and shall make such changes in the draft as
may be required.

SUBCLAUSE 60.7– DISCHARGE

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Upon submission of the Final Statement, the Contractor shall give to the Employer, with a copy to the
Engineer, a written discharge confirming that the total of the Final statement represents full and final
settlement of all monies due to the Contractor arising out of or in respect of the Contract. Provided that such
discharge shall become effective only after payment under the Final Payment Certificate issued pursuant to
Sub-Clause 60.8 has been made and the Performance Security referred to in Sub-Clause 10.1 has been
returned to the Contractor.

SUBCLAUSE 60.8 – FINAL PAYMENT CERTIFICATE

Upon acceptance of the Final Statement as given in Sub-Clause 60.6, the Engineer shall prepare a Final
Payment Certificate which shall be delivered to the Contractor's authorized agent or representative for his
signature. The Final Payment Certificate shall state:

The final value of all work done in accordance with the Contract;
After giving credit to the Employer for all amounts previously paid by the Employer, the balance, if any, due
from the Employer to the Contractor or the Contractor to the Employer.

Final Certificate shall be issued for any sum due to the Contractor even if such is less than the sum named in
the Appendix to the Form of BID.

SUBCLAUSE 60.9– CESSATION OF EMPLOYERS LIABILITY

unless the Contractor notifies the Engineer of his objection to the Final Certificate within fourteen days of
delivery thereof, he shall be deemed to have agreed that he accepts the total Contract Price as set out in the
Final Certificate as full settlement for all Work Done under the Contract including any variations and
omissions thereof but excluding any variations and claims previously made in writing.

SUBCLAUSE 60.10 – TIME FOR PAYMENT

The amount due to the Contractor under any Interim Payment Certificate or Final Payment Certificate issued
pursuant to this Clause or to any other term of the Contract, shall, subject to Clause 47, be paid by the
Employer to the Contractor as follows:
(i) In the case of Interim Payment Certificate, within the time stated in the Appendix to Form of Bid,
after the Engineer has signed the Interim Payment Certificate.
(i) In the case of the Final Payment Certificate pursuant to Subclause 60.8, within the time stated in the
Appendix to Form of Bid, after the Engineer has signed the Final Payment Certificate.
(ii) In the event of the failure of the Employer to make payment within the times stated, the Employer
shall make payment to the Contractor of simple interest at a rate equal to two percentage points
above the average Base Lending Rate of three leading banks namely Kenya Commercial Bank,
Standard Chartered Bank and Barclays Bank for the time being or as shall be the case from the time
to time obtained from the Central Bank of Kenya. The provisions of this subclause are without
prejudice to the Contractor’s entitlements under Clause 69 or otherwise.

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SUBCLAUSE 60.11 – CURRENCY OF PAYMENT

The Contract Price shall be designated in Kenyan Currency.

All work performed by the Contractor under the Contract shall be valued in Kenya Shillings using the rates
and prices entered in the Bills of Quantities together with such other increases to the Contract Price, except for
variation of price payments in accordance with Clause 70.1.

SUBCLAUSE 60.12 – ADVANCE PAYMENT

Delete the entire clause

SUBCLAUSE 60.13 MATERIALS FOR PERMANENT WORKS

With respect to materials brought by the Contractor to the site for incorporation into the permanent works, the
Contractor shall,
-Receive a credit in the month in which these materials are brought to site,
-Be charged a debit in the month in which these materials are incorporated in the permanent works.
Both such credit and debit to be determined by the Engineer in accordance with the following provisions.
No credit shall be given unless the following conditions shall have been met to the Engineers satisfaction
The materials are in accordance with the specifications for the works;
The materials have been delivered to site and are properly stored and protected against loss, damage or
deterioration;
The Contractors record of the requirements, orders receipts and use of materials are kept in a form
approved by the Engineer and such records are available for inspection by the Engineer;
The Contractor has submitted a statement of his cost of acquiring and delivering the materials and plant to
the Site, together with such documents as may be required for the purpose of evidencing such cost;
The materials are to be used within a reasonable time.
The amount to be credited to the Contractor shall not be more than 75% of the Contractor’s reasonable
cost of the materials delivered to site, as determined by the Engineer after review of the documents listed
in subparagraphs (a) (iv) above;
The amount to be debited to the Contractor for any materials incorporated into the works shall be
equivalent to the credit previously granted to the Contractor for such materials pursuant to Clause (b)
above as determined by the Engineer.

SUBCLAUSE 63.1

Add

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 is unable to take full responsibility for the adequacy, stability and safety of all Site operations and
methods of construction as stipulated in subclause 8.2 of the conditions of contract.

a) Fails to comply with Subclause 10.1 and 10.2 of the Conditions of Contract

b) Fails to comply with Subclause 14.2 and Subclause 14.3 of the Conditions of Contract and Appendix
to Form of Bid.

c) Fails to observe the safety as stipulated in Subclause 19.1 and amendments therein.

d) Fails to Conform to Service levels as detailed in the Appendix to Form of Bid and as required in
subclause 13.1.

e) Incurs the maximum amount of Liquidated damages as stated in the Appendix to Form of Bid or the
liquidated damages amount, exceeds the performance security then the contract would be
automatically Terminated.

f) Has not completed the works despite the lapse of the Contract Period as stated in the Appendix to form
of Bid

SUBCLAUSE 67.1 – ENGINEER’S DECISION

Delete the entire sub clause 67.1 and add the following;

“If a dispute of any kind whatsoever arises between the Employer and the Contractor in any connection with,
or arising out of, the Contract or the execution of the works, whether during the execution of the works or
after their completion and whether before or after repudiation or other termination of the Contract including
any dispute as to any opinion, instruction, determination, certificate or valuation of the Engineer, the matter in
dispute shall, in the first place, be referred in writing to the Engineer, with a copy to the other party. Such
reference shall state it is made pursuant to this clause. No later than 28 (twenty-eight) day after the day on
which he received such reference the Engineer shall give notice of his decision to the Employer and the
Contractor. Such decision shall state it is made pursuant to this clause.

Unless the Contract has already been repudiated or terminated, the Contractor shall, in every case, continue to
proceed with the works with all due diligence and the Contractor and the Employer shall give effect forthwith
to every such decision of the Engineer unless and until the same shall be revised, as hereinafter provided, in an
Amicable Settlement, Adjudicator’s or Arbitrator’s award.

If either the Employer or the Contractor be dissatisfied with the any decision of the Engineer, or if the
Engineer fails to give notice of his decision on or before the 28th (twenty eighth) after the day on which he
received the reference, then either the Employer or the Contractor may, on or before the 28th (twenty eighth)
day after the day the day on which he received notice of such decision, or on or before the 28th (twenty
eighth) day after the day the day on which the said period of 28 days expired, as the case may be, give notice
to the other party, with a copy for information to the Engineer, of his intention to commence Adjudication, as
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hereinafter provided, as to the matter in dispute. Such notice shall establish the entitlement of the party giving
the same to commence Adjudication, as hereinafter provided, as to such dispute; no adjudication in respect
thereof may be commenced unless such notice is given.

If the Engineer has given notice of his decision as to a matter in dispute to the Employer and the Contractor
and no notice of intention to commence adjudication as to such dispute has been given by either the Employer
or the Contractor on or before the twenty eighth day after the day on which the parties received notice as to
such decision from the Engineer, the said decision shall become final and binding upon the Employer and the
Contractor. “

SUBCLAUSE 67.2 – AMICABLE SETTLEMENT

Delete the entire sub clause 67.2 and add the following;

“Where notice to of intention to commence adjudication as to a dispute has been in accordance with sub clause
67.1, the parties shall attempt to settle such dispute in amicably before the commencement of Adjudication;
provided that, unless the parties otherwise agree, Adjudication may be commenced on or after the 14th
(fourteenth) day after the day on which notice of intention to commence adjudication of such dispute was
given, even if an attempt at amicable settlement thereto has been made.”

SUBCLAUSE 67.3 – ADJUDICATION

Delete the entire sub clause 67.3 and add the following;

“The Adjudicator shall be appointed by the Chartered Institute of Arbitrators (Kenya) unless the appointment
is agreed by the parties within 7 (seven) days of the notice to adjudication.

The adjudication process shall be conducted according to the Laws of Kenya and the Rules of the Chartered
Institute of Arbitrators (Kenya).”

SUBClAUSE 67.3 – ARBITRATION

Delete the entire sub clause 67.3 and add the following;

“Any dispute in respect of which:

The decision, if any, of the Adjudicator has not become final and binding pursuant to sub clause 67.1,
and
Amicable settlement has not been reached within the period stated in sub clause 67.2,

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shall be finally settled, under the Laws of Kenya and the Arbitration Rules of the Chartered Institute of
Arbitrators (Kenya Branch) by one or more arbitrators appointed by the Chartered Institute of Arbitrators
(Kenya Branch).
Neither party shall be limited in the in the proceedings before such arbitrator/s to the evidence or arguments
put before the Adjudicator for the purpose of obtaining his said decision pursuant to sub clause 67.1.

Arbitration may be commenced prior to or after completion of the works, provided that the obligations of the
Employer, the Engineer and the Contractor shall not be altered by reason of the arbitration being conducted
during the progress of the works.

SUBCLAUSE 68.2 – NOTICES TO EMPLOYER AND ENGINEER

Delete in Sub-Clause 68.2 the words "nominated for that purpose in Part II of these conditions".

a. The Employer’s address is:

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

b. The Engineer’s address is:

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

SUBCLAUSE 68.4 – All letters and notices from the Contractor to the Employer and/Engineer must be signed
by the Managing Director or the person given written power of Attorney.
In addition to the usual postal office contacts the tenderer is required to provide official email address to be
used to communicate urgent letters requiring timely responses from the tenderer like tender addendum
(addenda), award letter or any other deemed urgent from the Employer requiring timely preparation and reply.

CLAUSE 69 – DEFAULT OF EMPLOYER

Delete Sub-Clause 69.1 (c)

In Sub-Clause 69.4 add at the end of first paragraph the following “the period of such suspension shall be as
agreed upon by both parties and in any case not more than six (6) months”.

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In Subclause 69.4 of General Conditions of Contract Part I, insert at the end -----“The amounts of such costs
which shall be added to the Contrct Price shall exclude any cost due to idle time for equipment, plant and
labour.”

CLAUSE 70 – CHANGES IN COST AND LEGISLATION

SUB-CLAUSE 70.1 – INCREASE OR DECREASE OF COST
Delete Sub-Clause 70.1 of part 1 in its entirety and substitute the following:
“The Contract Price shall be deemed to have been calculated in the manner set below and shall be subject to
the adjustment in the event specified hereunder:
Variation of prices shall be applicable Eighteen (18) months after the signing of the contract.
The monthly statements prescribed under sub-clause 60.1 shall be used in computation of the price
adjustment.
The rates contained in the priced Bills of Quantities are based upon the rates of wages and other emoluments
and expenses applicable at the site at the date of Bid pricing (as defined in Sub-Clause 70.4 hereinafter);

(a) If the said rates of wages and other emoluments and expenses shall be increased or decreased by Act,
Statute, Decree, Regulation and the like after the said Date of Bid Pricing then the net amount of increase
or decrease the emoluments and expenses shall, as the case may be, be paid to or allowed by the
Contractor;

(b) The rates contained in the priced Bills of Quantities are based upon the rates of the Contractor’s
compulsory contributions payable at the date of Bid under or by virtue of any Act, Statute, Regulations
and the like applicable at the site;

(c) If any of the said rates of contribution shall be increased or decreased by any Act, Statute, Decree,
Regulation and the like after the said Date of Bid Pricing, or if any new statutory contribution becomes
payable after that date then the net amount of increase or decrease of the emoluments and expenses shall,
as the case may be, be paid to or allowed by the Contractor. The difference between what the Contractor
actually pays in respect of work people engaged upon or in connection with the works and what he would
have paid in respect of such person had any of the said rates not been increased or decreased or had a new
contribution not become payable as aforesaid, shall as the case may be, be paid to or allowed by the
Contractor. The formulae for this price adjustment shall be of the following type;

where:
Pn Price adjustment factor
A Fixed constant specified in the appendix to Bid
b Weighting for Labour
c Weighting for Fuel and lubricants
d Weighting for Plant and spares
e Weighting for cement
f Weighting for Bitumen products

Bo base cost index for Labour

Co Base cost index for fuel and lubricants
Do Base cost index for plant and spares
Eo Base cost for cement

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 Fo Base cost for Bitumen products

Bn Current cost index for Labour

Cn Current cost index for fuel and lubricants
Dn Current cost index for plant and spares
En Current cost index for cement
Fn Current cost for Bitumen products

(d) The rates contained in the priced Bills of Quantities are based upon the market prices of the materials and
goods specified in the Schedule of Basic Materials (Schedule G) attached hereto and current at the Date of
Bid Pricing (hereinafter referred to as “the basic prices” and the Contractor shall state in the said schedule
the basic prices of such materials and goods.
(e) If the market price of any materials or goods specified as aforesaid shall be increased or decreased after
the said Date of Bid Pricing, then the net amount of difference between the basic price and the market
price payable by the Contractor and current when any such goods and materials are bought shall, as the
case may be, be paid to or allowed by the Contractor. Orders for materials and goods listed as aforesaid
shall have been placed within a reasonable time after the date at which sufficient information is available
for the placing of such orders, and the placing of orders at that time shall be a condition precedent to any
payments being made to the Contractor in respect of increased market prices.”

SUB-CLAUSE 70.2: SUBSEQUENT LEGISLATION

Add the following to subclause 70.2:

“Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid for or credited as
aforesaid if the same shall already have been taken into account in accordance with the other provisions of
Clause 70.

Add the following sub clause:-

SUB-CLAUSE 70.3: SUB-CONTRACT
(a) If the Contractor shall decide subject to Clause 4 thereof to sub-let any portion of the work he shall
incorporate in the sub-contract provisions to the like effect as those contained in sub-clause (1) of this
Clause;

(a) If the price payable under a sub-contract as aforesaid is increased above or decreased below the price
in such sub-contract by reason of the operation of the incorporated provisions of sub- clause (1) of this
clause then the net amount of such increase or decrease shall as the case may be, be paid to or allowed
by the Contractor under this contract.

SUB-CLAUSE 70.4: NOMINATED SUB-CONTRACTORS

This clause shall not apply in respect of work executed by any nominated sub-Contractor (fluctuation in
relation to nominated sub-Contractors shall be dealt with under provisions in relation thereto which may be
included in the appropriate sub-contract or contract of sale).

SUB-CLAUSE 70.5: DATE OF BID PRICING

The expression “the date of Bid pricing” as used in this Clause means the date 30 days prior to the final date
for submission of Bids as determined by the Employer in the Bid documents.
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SUB-CLAUSE 70.6: PRIME COST
For imported materials, the supplier’s/ manufacturer’s Prime costs shall be C.I.F. cost at point of entry by the
same means of transport as determined by the Contractor’s Basic Rate.
For locally produced materials, the supplier’s or manufacturer’s prime costs shall be at their nearest depot or
the nearest railway station relevant to the works.
For materials which are subject to Government Price Control, payments for price variations will be
determined from the difference between the control price in force at a date 30 days prior to the final date for
submission of Bids and the price in force on the date of purchase.
SUB-CLAUSE 70.7: MATERIALS TO WHICH VARIATION CLAUSE APPLIES
The materials to which this Variation Clause applies are as outlined in Schedule G of this Bid Document
SUB-CLAUSE 70.8: CHANGE OF SUPPLIER
The Contractor shall not change the supplier or manufacturer during the Contract without the approval of the
Engineer.

SUB-CLAUSE 70.9: CONTRACTORS HEAD OFFICE EXPENSES

No payments will be made for price variation related to expenses incurred by the Contractor in his Head
Office in Kenya, or overseas.

SUB-CLAUSE 70.10: CURRENCY OF PAYMENTS UNDRER CLAUSE 70

All payments made pursuant to Clause 70 shall be in Kenya Shillings.
SUB-CLAUSE 70.11 – COST OF PREPARING VARIATION OF PRICE CLAIMS
No payments will be made for the cost of preparing V.O.P. claims.
SUB-CLAUSE 70.12: ADJUSTMENT AFTER COMPLETION
If the contractor fails to complete the works within the time for completion prescribed under clause 43
adjustment of prices thereafter until the date of completion of the works shall be made using the indices prices
related to the prescribed time for completion.

CLAUSE 73 – BRIBERY AND COLLUSION

Add new Clause 73.1:

“The Contractor shall not:

(a) Offer or give or agree to give to any person in the service of the Government of Kenya any gift or
consideration or 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 to which the
Government of Kenya is a party or for showing or forbearing to show favour or disfavour to any person in
relation to this or any other contract for the Government of Kenya.
(b) Enter into this or any other contract with the Government of Kenya in connection with which commission
has been paid or agreed to be paid by or on his behalf or to his knowledge, unless before the contract is made
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particulars of any such commission and of the terms and conditions of any agreement for the payment thereof
have been disclosed in writing to the Employer.
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) or the commission of any offence by the
Contractor or by anyone employed by him or acting on his behalf in relation to this or any other contract to
which the Government of Kenya is a party shall entitle the Employer to determine the Contract (See Condition
63 hereof) and/ or to recover from the Contractor the amount or value of any such gift, consideration or
commission.
Any dispute or difference of opinion arising in respect of either the interpretation, effect or application of this
condition or of the amount recoverable hereunder by the Employer from the Contractor shall be decided by the
Employer, whose decision shall be final and conclusive.

CLAUSE 72 – RATES OF EXCHANGE COST

Delete clause 72 in its entirety and substitute the following:

The currency of BID and payment is Kenya Shillings and rates of exchange requirements are not applicable.

CLAUSE 74 – CONTRACT CONFIDENTIAL

Add new Clause 74.1:

The Contractor shall treat the details of this Contract as Private and Confidential and shall not publish or
disclose the same or any particulars thereof in any trade or technical paper or elsewhere (save in so far as may
be necessary for the purpose thereof) without the previous consent in writing of the Government. If any
dispute arises as to the necessity of any publication or disclosures for the purposes of this Contract the same
shall be referred to the decision of the Engineer mentioned in the said Conditions of Contract whose award
shall be final.

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SECTION XI - STANDARD CONTRACT FORMS

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TABLE OF FORMS
FORM No. 1 - NOTIFICATION OF INTENTION TO AWARD
FORM No. 2 - NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE
FORM No. 3 – FORM OF AGREEMENT
FORM No. 4 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee]
FORM No. 5 - PERFORMANCE SECURITY [Option 2 - Performance Bond]
FORM No. 6 - ADVANCE PAYMENT SECURITY
FORM No. 7 - FORM RB 1 APPLICATION FOR PUBLIC PROCUREMENT ADMINISTRATIVE
REVIEW BOARD

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FORM NO. 1: NOTIFICATION OF INTENTION TO AWARD
[This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender.]
[Send this Notification to the Tenderer's Authorized Representative named in the Tender
Information Form]

FORMAT

For the attention of Tenderer's Authorized Representative

Name: ………………... [insert Authorized Representative's name] Address: [insert Authorized

Representative's Address] Telephones: [insert Authorized Representative's telephone/fax numbers]
Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification must be
sent to all Tenderers simultaneously. This means on the same date and as close to the same time as
possible.]

Date of Transmission:

This Notification is sent by: [email] on [date] (local time)

Procuring Entity: [insert the name of the Procuring entity]
Contract title: [insert the name of the contract]
Country: Kenya, County (if the Procuring Entity is from a County)

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract.
The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:

a) Request a debriefing in relation the evaluation of your Tender, and/or

b) Submit a Procurement-related Complaint in relation to the decision to award the contract.

1. The successful Tenderer

Name: [insert name of successful Tenderer] Address: [insert address of the successful Tenderer]
Contract price: [insert contract price of the successful Tender]

2. Other Tenderers: insert names of all Tenderers that submitted a Tender. If the Tender's price was
evaluated include the evaluated price as well as the Tender price as read out.]

Evaluated Comments (if

Name of Tenderer Tender price
Tender price any)
1
2
3
4
5
6
7
Etc.

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 1. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Tender. If you decide to
request a debriefing your written request must be made within three (3) Business Days of receipt of this
Notification of Intention to Award. Provide the contract name, reference number, name of the Tenderer,
contact details; and address the request for debriefing as follows:

Attention: [insert full name of person, if applicable] Title/position: [insert title/position] Procuring
Entity: [insert name of Procuring Entity] Email address: [insert email address]

If your request for a debriefing is received within the 3 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the
date that the debriefing is provided. If this happens, we will notify you and confirm the date that the
extended Standstill Period will end. The debriefing may be in writing, by phone, video conference call or in
person. We shall promptly advise you in writing how the debriefing will take place and confirm the date
and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will
provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from
the date of publication of the Contract Award Notice.

2. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted by midnight,
[insert date] (local time).

Provide the contract name, reference number, name of the Tenderer, contact details; and address the
Procurement- related Complaint as follows:

Attention: [insert full name of person, if applicable]

Title/position: [insert title/position]

Procuring Entity: [insert name of Procuring Entity]

Email address: [insert email address]

At this point in the procurement process, you may submit a Procurement-related Complaint challenging the
decision to award the contract. You do not need to have requested, or received, a debriefing before making
this complaint. Your complaint must be submitted within the Standstill Period and received by us before
the Standstill Period ends.

In summary, there are four essential requirements:

a) You must be an 'interested party'. In this case, that means a Tenderer who submitted a Tender in
this tendering process, and is the recipient of a Notification of Intention to Award.
b) The complaint can only challenge the decision to award the contract.
c) You must submit the complaint within the period stated above.
d) You must include, in your complaint, all of the information necessary to support your case.
e) The application must be accompanied by the fees set out in the Procurement Regulations, which
shall not be refundable (information available from the Public Procurement Authority at

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 www.ppoa.go.ke.

3. Standstill Period
a) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
i) The Standstill Period lasts fourteen (14) Days after the date of transmission of this
Notification of Intention to Award.
ii) The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification please do not hesitate to contact us. On behalf of the

Procuring Entity:

Name

Title and Position

Signature

Date

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FORM NO. 2: LETTER OF NOTIFICATION OF AWARD

Letter of Acceptance

[letter head paper of the Procuring Entity]

[date]

FORMAT

To: [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the Contract and
identification number, as given in the SCC] for the Accepted Contract Amount [amount in numbers and
words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, is
hereby accepted by our Agency.

You are requested to furnish the Performance Security within 30 days in accordance with the Conditions of
Contract, using, for that purpose, one of the Performance Security Forms included in Section X, Contract
Forms, of the tender document.

We attach a copy of the Contact for your

Authorized Signature:

Name and Title of

Signatory: Name of

Agency:

Attachment: Contract Agreement

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FORM NO. 3: FORM OF AGREEMENT

FORM OF AGREEMENT

THIS AGREEMENT made the ________________ day of ________________________, _____, between

______________________________________of __________________________ (hereinafter “the
Procuring Entity”), of the one part, and of (herein after “the
Contractor”), of the other part:
WHEREAS the Procuring Entity desires that the Works known as should
be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and
completion of these Works and the remedying of any defects therein, The Procuring Entity and the
Contractor agree as follows:

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

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.

a) The Letter of Acceptance

b) The Letter of Tender
c) The addenda Nos (if any)
d) The Particular Conditions
e) The General Conditions;
f) The Specification
g) The Drawings; and
h) The completed Schedules and any other documents forming part of the contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as specified in
this Agreement, the Contractor hereby covenants with the Procuring Entity to execute the Works and
to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the
laws of Kenya on the day, month and year specified above.

Signed by

(for the Procuring Entity)

Signed by

(for the Contractor)

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FORM NO. 4 - PERFORMANCE SECURITY
– (Unconditional Demand Bank Guarantee)

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring

Entity] Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (herein after called "the Applicant") has entered into
Contract No. dated with the Beneficiary, for the execution of
(herein after called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is
required.

3. At the request of the Applicant, we as Guarantor, here by irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ( ),1 such sum being payable in
the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of
the Beneficiary's complying demand supported by the Beneficiary's statement, whether in the demand
itself or in a separate signed document accompanying or identifying the demand, stating that the
Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to
prove or to show grounds for your demand or the sum specified therein.

4. This guarantee shall expire, no later than the …..................... Day of …........... 2…2, and any demand
for payment under it must be received by us at this office indicated above on or before that date.

5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such request
to be presented to the Guarantor before the expiry of the guarantee.”

__________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.

1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if
any, and denominated either in the currency(cies) of the Contract or a freely convertible currency acceptable
to the Beneficiary.
2Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Procuring Entity should note that in the event of an extension of this date for completion of the Contract,
the Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee. In
preparing this guarantee, the Procuring Entity might consider adding the following text to the form, at the
end of the pen ultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months] [one year], in response to the Beneficiary's written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

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FORM No. 5 - PERFORMANCE SECURITY OPTION 2– (Performance Bond)

[Note: Procuring Entities are advised to use Performance Security–Unconditional Demand Bank Guarantee
instead of Performance Bond due to difficulties involved in calling Bond holder to action]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring Entity]

Date: [Insert date of issue]

PERFORMANCE BOND No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the letter head]

1 By this Bond _________________________________________ as Principal (hereinafter called

“the Contractor”) and______________________________________________________________] as
Surety (hereinafter called “the Surety”), are held and firmly bound unto ] as Obligee
(hereinafter called “the Procuring Entity”) in the amount of for the payment of which sum
well and truly to be made in the types and proportions of currencies in which the Contract Price is
payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Contractor has entered into a written Agreement with the Procuring Entity dated the day
of, 20 , for in accordance with the documents, plans, specifications, and
amendments thereto, which to the extent here in provided for, are by reference made part hereof and are
herein after referred to as the Contract.

3. 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 Procuring Entity to be, in default under the Contract, the Procuring Entity having
performed the Procuring Entity's obligations there under, 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 Procuring Entity for
completing the Contract in accordance with its terms and conditions, and upon determination by the
Procuring Entity and the Surety of the lowest responsive Tenderers, arrange for a Contract between
such Tenderer, and Procuring Entity 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 Procuring Entity
to Contractor under the Contract, less the amount properly paid by Procuring Entity to Contractor;
or

3) Pay the Procuring Entity the amount required by Procuring Entity to complete the Contract in
accordance with its terms and conditions upto a total not exceeding the amount of this Bond.

4. The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
5. Any suit under this Bond must be instituted before the expiration of one year from the date of the
issuing of the Taking-Over Certificate. No right of action shall accrue on this Bond to or for the use
KeNHA/R4/310/2024 Issued by Kenya National Highways Authority 318
 of any person or corporation other than the Procuring Entity named here in or the heirs, executors,
administrators, successors, and assigns of the Procuring Entity.
6. In testimony whereof, the Contractor has here unto 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 on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

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PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –
NDANAI - GORGOR (B133) ROAD

FORM NO. 6 - ADVANCE PAYMENT SECURITY (Not Applicable)

[Demand Bank Guarantee] [Guarantor letterhead or

SWIFT identifier code] [Guarantor letterhead or SWIFT

identifier code]
Beneficiary: [Insert name and Address
of Procuring Entity] Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (herein after called “the Applicant”) has
entered into Contract No. dated with the Beneficiary, for the execution of (

2. Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum ( ) is to be made against an advance payment
guarantee.

3. At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay

the Beneficiary any sum or sums not exceeding in total an amount of
( )1 upon receipt by us of the Beneficiary's complying demand supported by the
Beneficiary's statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating either that the Applicant:
a) Has used the advance payment for purposes other than the costs of mobilization in
respect of th e Works; or
b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the
Guarantor of a certificate from the Beneficiary's bank stating that the advance payment
referred to above has been credited to the Applicant on its account number at

5. The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Applicant as specified in copies of interim
statements or payment certificates which shall be presented to us. This guarantee shall
expire, at the latest, upon our receipt of a copy of the interim payment certificate
indicating that ninety (90) percent of the Accepted Contract Amount, less provisional
sums, has been certified for payment, or on the day of ,2 ,2
whichever is earlier. Consequently, any demand for payment under this guarantee must
be received by us at this office on or before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months] [one year], in response to the Beneficiary's written request for such

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PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –
NDANAI - GORGOR (B133) ROAD
extension, such request to be presented to the Guarantor before the expiry of the
guarantee.

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

1 The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or
in a freely convertible currency acceptable to the Procuring Entity.
2Insert the expected expiration date of the Time for Completion. The Procuring Entity should
note that in the event of an extension of the time for completion of the Contract, the Procuring
Entity would need to request an extension of this guarantee from the Guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee.
In preparing this guarantee, the Procuring Entity might consider adding the following text to
the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [six months] [one year], in response to
the Beneficiary's written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”

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PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –
NDANAI - GORGOR (B133) ROAD
FORM NO. 7: FORM RB 1 APPLICATION FOR PUBLIC PROCUREMENT
ADMINISTRATIVE REVIEW BOARD
FOURTEENTH SCHEDULE (r.203(1))

FORM FOR REVIEW PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW

BOARD

APPLICATION NO……………. OF……….….20……...

BETWEEN

…………………………...………………………………. APPLICANT (Review Board)

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…. for .........(Tender description). REQUEST FOR REVIEW
I/We……………………………, the above-named Applicant(s), of address: Physical
address……………. P. O. Box 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. By this memorandum, the
Applicant requests the Board for an order/orders that: 1. 2. 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

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 PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –
NDANAI - GORGOR (B133) ROAD
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer. In
case of joint venture, the tenderer must submit a separate Form for each member. The beneficial
ownership information to be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately
owns or controls the Tenderer by meeting one or more of the following conditions:

• Directly or indirectly holding 25% or more of the shares.

• Directly or in directly holding 25% or more of the voting rights.
• Directly or indirectly having the right to appoint a majority of the board of directors or equivalent
governing body of the Tenderer.

Tender Reference No.: [insert

identification no] Name of the Assignment: [insert
name of the assignment] to: [insert complete name of Procuring Entity]

In response to your notification of award dated [insert date of notification of

award] to furnish additional information on beneficial ownership: [select one option as
applicable and delete the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Directly or Directly or Directly or indirectly having the

Beneficial Owner indirectly holding indirectly holding right to appoint a majority of
25% or more of 25 % or more of the board of the directors or an
the shares the Voting Rights equivalent governing body of
the Tenderer
(Yes / No) (Yes / No)
(Yes / No)

[include full name

(last, middle, first),
nationality, country
of residence]

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PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF KCC (SOTIK) –
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OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions: directly or indirectly holding 25% or more of the shares. Directly or
indirectly holding 25% or more of the voting rights. Directly or indirectly having the
right to appoint a majority of the board of directors or equivalent governing body of the
Tenderer.

OR
We declare that we are unable to identify any Beneficial Owner meeting one or more of the
following conditions. [If this option is selected, the Tenderer shall provide explanation on why
it is unable to identify any Beneficial Owner]

Directly or indirectly holding 25% or more of the shares. Directly or indirectly

holding25% or more of the voting rights.

Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Tenderer]”

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert
complete name of person duly authorized to sign the Tender]

Title of the person signing the Tender: ....................... [insert complete title of the person signing
the Tender]

Signature of the person named above: ....................... [insert signature of person whose name
and capacity are shown above]

Date signed ....................... [insert date of signing] day of....................... [Insert month], [insert
year]

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