![25
The P r o j e c t Manager will provide instructions clarifying queries about
these
Conditions of Contract.
2.2 If sectional completion is specified in the Appendix to Conditions of Contract,
reference in the Conditions of Contract to the Works, the Completion Date and the
Intended Completion Date apply to any section of the Works (other than references to
the Intended Completion Date for the whole of the Works).
2.3 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Appendix to Conditions of Contract,
(5) Conditions of Contract,
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities,
(9) Any other documents listed in the Appendix to Conditions of Contract as
forming part of the Contract.
Immediately after the execution of the Contract, the Project Manager
shall furnish both the Employer and the Contractor with two copies
each of all the Contract documents. Further, as and when necessary
the Project Manager shall furnish the Contractor [always with a copy
to the Employer] with three [3] copies of such further drawings or
details or descriptive schedules as are reasonably necessary either
to explain or amplify the Contract drawings or to enable the
Contractor to carry out and complete the Works in accordance with
these Conditions.
3. Language and Law
3.1 Language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively unless
otherwise stated.
4 Project Manager’s Decisions](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-26-320.jpg)
![37
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of the Employer or in Employer’s design, or due
to war or radioactive contamination directly affecting the place where the Works
are being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been issued,
the risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk
except loss or damage due to;
(a) a defect which existed on or before the Completion Date.
(b) an event occurring before the Completion Date, which was not itself the
Employer’s risk
(c) the activities of the Contractor on the Site after the Completion Date.
30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks
of personal injury, death and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s
risk are Contractor’s risks.
The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts stated in the Appendix to Conditions of Contract for the following events;
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
(d) personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the
Project Manager for the Project Manager’s approval before the Start Date. All such
insurance shall provide for compensation required to rectify the loss or damage
incurred.
30.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and
recover the premiums from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
30.6 Alterations to the terms of an insurance shall not be made without the approval of the
Project Manager. Both parties shall comply with any conditions of insurance
policies.
31. Completion and taking over
31.1 Upon deciding that the Works are complete, the Contractor shall issue a written
request to the Project Manager to issue a Certificate of Completion of the Works.
The Employer shall take over the Site and the Works within seven [7] days of the Project
Manager’s issuing a Certificate of Completion.](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-38-320.jpg)
![45
The Completion Period for the Works is: 40 WEEKS
The rate of exchange for calculation of foreign currency payments is: Not Applicable
The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to attach].
Advance Payment SHALL NOT be granted.](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-46-320.jpg)
![63
FORM OF TENDER
TO
The Fund Account Manager
Embakasi Central Ng-cdf
P.O. BOX 871-00518
NAIROBI Date:
Dear Sir/Madam,
1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of
Quantities for the execution of the above named Works, we, the undersigned offer to
construct, install and complete such Works and remedy any defects therein for the sum of
Kshs. [Amount in figures] Kenya Shillings:
[Amount in words]
2. We undertake, if our tender is accepted, to commence the Works as
soon as is reasonably possible after the receipt of the Project Manager’s notice to commence,
and to complete the whole of the Works comprised in the Contract within the time stated in
the Appendix to Conditions of Contract.
3. We agree to abide by this tender until [Insert date], and it shall remain
binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this tender together with your
written acceptance thereof, shall constitute a binding Contract between us.
5. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this day of 20
Signature in the capacity of
duly authorized to sign tenders for and on behalf of
[Name of Contractor ]
of [Address of Contractor]
Rubberstamp of Contractor:
Witness; Name
Address
Signature
Date](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-64-320.jpg)
![64
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
_[date]
To:
[name of the Contractor]
[address of the Contractor]
Dear Sir,
This is to notify you that your Tender dated
for the execution of
[name of the Contract and identification number,as given in the Tender documents] for the Contract
Price of Kshs. [amount in figures][Kenya
Shillings (amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.
You are hereby instructed to proceed with the execution of the said Works in accordance with the
Contract documents.
Authorized Signature …………………………………………………………………
Name and Title of Signatory …………………………………………………………
Attachment : Agreement](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-65-320.jpg)
![65
FORM OF AGREEMENT
THIS AGREEMENT, made the
between
day of 20
of[or whose registered office is
situated at]
(hereinafter called “the Employer”) of the one part AND
of[or whose registered office is
situated at]
(hereinafter called “the Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes
(name and identification number of Contract ) (hereinafter called “the Works”) located
at [Place/location of the Works]and the Employer has accepted
the tender submitted by the Contractor for the execution and completion of such Works and the
remedying of any defects therein for the Contract Price of
Kshs [Amount in figures],Kenya
Shillings [Amount in words].
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as part of
this Agreement i.e.
(i) Letter of Acceptance
(ii) Form of Tender
(iii) Conditions of Contract Part I
(iv) Conditions of Contract Part II and Appendix to Conditions of Contract
(v) Specifications
(vi) Drawings
(vii) Priced Bills of Quantities
3. In consideration of the payments to be made by the Employer to
the Contractor as hereinafter mentioned, the Contractor hereby
covenants with the Employer to execute and complete the Works and remedy any defects
therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in
consideration of the execution and completion of the Works and the](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-66-320.jpg)
![66
remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and
year first before written.
The common Seal of
Was hereunto affixed in the presence of
Signed Sealed, and Delivered by the said
Binding Signature of Employer _
Binding Signature of Contractor
In the presence of (i) Name
Address
Signature
[ii] Name
Address
Signature](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-67-320.jpg)
![67
FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted
his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)
KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office
at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “the Employer”) in the sum of
Kshs.……………………… for which payment well and truly to be made to the said Employer, the
Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the
said Bank this ……………. Day of ………20…………
THE CONDITIONS of this obligation are:
1. If after tender opening the tenderer withdraws his tender during the period of tender validity
specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the Employer during
the period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the Instructions
to Tenderers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of
tender validity, and any demand in respect thereof should reach the Bank not later than the said
date.
[date[ [signature of the Bank]
[witness] [seal]](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-68-320.jpg)
![69
BANK GUARANTEE FOR ADVANCE PAYMENT
To: [name of Employer] (Date)
[address of Employer]
Gentlemen,
Ref: [name of Contract]
In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We,
[name and Address of Contractor] (hereinafter called “the Contractor”) shall deposit with
[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said
Contract in an amount of Kshs. [amount of Guarantee in figurers]
Kenya Shillings [amount of Guarantee in words].
We, [bank or financial institution], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to [name of Employer] on his first demand without
whatsoever right of objection on our part and without his first claim to the Contractor, in the amount
not exceeding Kshs [amount of Guarantee in figures] Kenya Shillings
[amount of Guarantee in
words], such amount to be reduced periodically by the amounts recovered by you from the proceeds
of the Contract.
We further agree that no change or addition to or other modification of the terms of the Contract or
of the Works to be performed thereunder or of any of the Contract documents which may be made
between [name of Employer] and the Contractor, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
No drawing may be made by you under this guarantee until we have received notice in writing from
you that an advance payment of the amount listed above has been paid to the Contractor pursuant to
the Contract.
This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until
(name of Employer) receives full payment
of the same amount from the Contract.
Yours faithfully,
Signature and Seal
Name of the Bank or financial institution
Address
Date](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-70-320.jpg)
![77
STATEMENT OF FOREIGN CURRENCY REQUIREMENTS (NOT APPLICABLE)
(See Clause 23] of the Conditions of Contract)
In the event of our Tender for the execution of
(name of Contract) being accepted, we would require in
accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the
following percentage:
(Figures)………………………… (Words)…………………………………
of the Contract Sum, (Less Fluctuations) to be paid in foreign currency.
Currency in which foreign exchange element is required:
………………………………………………………………………………………
Date: The ………… Day of …………….. 20…………….
Enter 0% (zero percent) if no payment will be made in foreign currency.
Maximum foreign currency requirement shall be _ (percent) of the Contract
Sum, less Fluctuations.
(Signature of Tenderer)](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-78-320.jpg)
![25
The P r o j e c t Manager will provide instructions clarifying queries about
these
Conditions of Contract.
2.2 If sectional completion is specified in the Appendix to Conditions of Contract,
reference in the Conditions of Contract to the Works, the Completion Date and the
Intended Completion Date apply to any section of the Works (other than references to
the Intended Completion Date for the whole of the Works).
2.3 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Appendix to Conditions of Contract,
(5) Conditions of Contract,
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities,
(9) Any other documents listed in the Appendix to Conditions of Contract as
forming part of the Contract.
Immediately after the execution of the Contract, the Project Manager
shall furnish both the Employer and the Contractor with two copies
each of all the Contract documents. Further, as and when necessary
the Project Manager shall furnish the Contractor [always with a copy
to the Employer] with three [3] copies of such further drawings or
details or descriptive schedules as are reasonably necessary either
to explain or amplify the Contract drawings or to enable the
Contractor to carry out and complete the Works in accordance with
these Conditions.
3. Language and Law
3.1 Language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively unless
otherwise stated.
4 Project Manager’s Decisions](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-138-320.jpg)
![37
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of the Employer or in Employer’s design, or due
to war or radioactive contamination directly affecting the place where the Works
are being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been issued,
the risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk
except loss or damage due to;
(a) a defect which existed on or before the Completion Date.
(b) an event occurring before the Completion Date, which was not itself the
Employer’s risk
(c) the activities of the Contractor on the Site after the Completion Date.
30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks
of personal injury, death and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s
risk are Contractor’s risks.
The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts stated in the Appendix to Conditions of Contract for the following events;
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
(d) personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the
Project Manager for the Project Manager’s approval before the Start Date. All such
insurance shall provide for compensation required to rectify the loss or damage
incurred.
30.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and
recover the premiums from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
30.6 Alterations to the terms of an insurance shall not be made without the approval of the
Project Manager. Both parties shall comply with any conditions of insurance
policies.
31. Completion and taking over
31.1 Upon deciding that the Works are complete, the Contractor shall issue a written
request to the Project Manager to issue a Certificate of Completion of the Works.
The Employer shall take over the Site and the Works within seven [7] days of the Project
Manager’s issuing a Certificate of Completion.](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-150-320.jpg)
![45
The Completion Period for the Works is: 40 WEEKS
The rate of exchange for calculation of foreign currency payments is: Not Applicable
The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to attach].
Advance Payment SHALL NOT be granted.](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-158-320.jpg)
![63
FORM OF TENDER
TO
The Fund Account Manager
Embakasi Central Ng-cdf
P.O. BOX 871-00518
NAIROBI Date:
Dear Sir/Madam,
1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of
Quantities for the execution of the above named Works, we, the undersigned offer to
construct, install and complete such Works and remedy any defects therein for the sum of
Kshs. [Amount in figures] Kenya Shillings:
[Amount in words]
2. We undertake, if our tender is accepted, to commence the Works as
soon as is reasonably possible after the receipt of the Project Manager’s notice to commence,
and to complete the whole of the Works comprised in the Contract within the time stated in
the Appendix to Conditions of Contract.
3. We agree to abide by this tender until [Insert date], and it shall remain
binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this tender together with your
written acceptance thereof, shall constitute a binding Contract between us.
5. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this day of 20
Signature in the capacity of
duly authorized to sign tenders for and on behalf of
[Name of Contractor ]
of [Address of Contractor]
Rubberstamp of Contractor:
Witness; Name
Address
Signature
Date](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-176-320.jpg)
![64
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
_[date]
To:
[name of the Contractor]
[address of the Contractor]
Dear Sir,
This is to notify you that your Tender dated
for the execution of
[name of the Contract and identification number,as given in the Tender documents] for the Contract
Price of Kshs. [amount in figures][Kenya
Shillings (amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.
You are hereby instructed to proceed with the execution of the said Works in accordance with the
Contract documents.
Authorized Signature …………………………………………………………………
Name and Title of Signatory …………………………………………………………
Attachment : Agreement](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-177-320.jpg)
![65
FORM OF AGREEMENT
THIS AGREEMENT, made the
between
day of 20
of[or whose registered office is
situated at]
(hereinafter called “the Employer”) of the one part AND
of[or whose registered office is
situated at]
(hereinafter called “the Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes
(name and identification number of Contract ) (hereinafter called “the Works”) located
at [Place/location of the Works]and the Employer has accepted
the tender submitted by the Contractor for the execution and completion of such Works and the
remedying of any defects therein for the Contract Price of
Kshs [Amount in figures],Kenya
Shillings [Amount in words].
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as part of
this Agreement i.e.
(i) Letter of Acceptance
(ii) Form of Tender
(iii) Conditions of Contract Part I
(iv) Conditions of Contract Part II and Appendix to Conditions of Contract
(v) Specifications
(vi) Drawings
(vii) Priced Bills of Quantities
3. In consideration of the payments to be made by the Employer to
the Contractor as hereinafter mentioned, the Contractor hereby
covenants with the Employer to execute and complete the Works and remedy any defects
therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in
consideration of the execution and completion of the Works and the](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-178-320.jpg)
![66
remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and
year first before written.
The common Seal of
Was hereunto affixed in the presence of
Signed Sealed, and Delivered by the said
Binding Signature of Employer _
Binding Signature of Contractor
In the presence of (i) Name
Address
Signature
[ii] Name
Address
Signature](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-179-320.jpg)
![67
FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted
his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)
KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office
at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “the Employer”) in the sum of
Kshs.……………………… for which payment well and truly to be made to the said Employer, the
Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the
said Bank this ……………. Day of ………20…………
THE CONDITIONS of this obligation are:
1. If after tender opening the tenderer withdraws his tender during the period of tender validity
specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the Employer during
the period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the Instructions
to Tenderers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of
tender validity, and any demand in respect thereof should reach the Bank not later than the said
date.
[date[ [signature of the Bank]
[witness] [seal]](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-180-320.jpg)
![69
BANK GUARANTEE FOR ADVANCE PAYMENT
To: [name of Employer] (Date)
[address of Employer]
Gentlemen,
Ref: [name of Contract]
In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We,
[name and Address of Contractor] (hereinafter called “the Contractor”) shall deposit with
[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said
Contract in an amount of Kshs. [amount of Guarantee in figurers]
Kenya Shillings [amount of Guarantee in words].
We, [bank or financial institution], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to [name of Employer] on his first demand without
whatsoever right of objection on our part and without his first claim to the Contractor, in the amount
not exceeding Kshs [amount of Guarantee in figures] Kenya Shillings
[amount of Guarantee in
words], such amount to be reduced periodically by the amounts recovered by you from the proceeds
of the Contract.
We further agree that no change or addition to or other modification of the terms of the Contract or
of the Works to be performed thereunder or of any of the Contract documents which may be made
between [name of Employer] and the Contractor, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
No drawing may be made by you under this guarantee until we have received notice in writing from
you that an advance payment of the amount listed above has been paid to the Contractor pursuant to
the Contract.
This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until
(name of Employer) receives full payment
of the same amount from the Contract.
Yours faithfully,
Signature and Seal
Name of the Bank or financial institution
Address
Date](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-182-320.jpg)
![77
STATEMENT OF FOREIGN CURRENCY REQUIREMENTS (NOT APPLICABLE)
(See Clause 23] of the Conditions of Contract)
In the event of our Tender for the execution of
(name of Contract) being accepted, we would require in
accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the
following percentage:
(Figures)………………………… (Words)…………………………………
of the Contract Sum, (Less Fluctuations) to be paid in foreign currency.
Currency in which foreign exchange element is required:
………………………………………………………………………………………
Date: The ………… Day of …………….. 20…………….
Enter 0% (zero percent) if no payment will be made in foreign currency.
Maximum foreign currency requirement shall be _ (percent) of the Contract
Sum, less Fluctuations.
(Signature of Tenderer)](https://image.slidesharecdn.com/komarock-primary-school-boundary-wall-250505151955-cdcf4203/85/Komarock-Primary-School-Boundary-Wall-pdf-190-320.jpg)
Komarock-Primary-School-Boundary-Wall.pdf
- 1. The National Government Constituencies Development Fund (NG-CDF) EMBAKASI CENTRAL NG-CDF PROPOSED BOUNDARY WALL TO KAYOLE POLICE STATION-520m LONG. 284/2630204/002/2020/2021 PROJECT MANAGER THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY P.O. BOX 300175 NAIROBI EMPLOYER/DEVELOPER EMBAKASI CENTRAL NG-CDF P.O. BOX 871-00518 NAIROBI Issued by:- Quantities and Contracts Department Nairobi County P.O. Box 300175-00100 NAIROBI. MAY, 2021
- 2. i BW/1 - BW/33 TABLE OF CONTENTS ABLE OF CONTENTS PAGE CONTENTS PAGE i SECTION I: INVITATION TO TENDER 2 SECTION II: INSTRUCTIONS TO TENDERERS 5 SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS 17 SECTION IV: CONDITIONS OF CONTRACT 19 SECTION V: APPENDIX TO CONDITIONS OF CONTRACT 41 SECTION VI: SPECIFICATIONS 45 SECTION VII: DRAWINGS 58 SECTION VIII: STANDARD FORMS 60 SECTION IX: BILLS OF QUANTITIES 80 a) PARTICULAR PRELIMINARIES PP/1- PP/10 b) GENERAL PRELIMINARIES GP/1-GP/20 c) BUILDER’S WORKS d) PC’S AND PROVISIONAL SUMS PS/1 - PS/3 e) GRAND SUMMARY GS/2 ANNEXES
- 3. 1 SECTION I - INVITATION FOR TENDER
- 4. SECTION I -INVITATION FOR TENDERS Tender Reference No.: 284/2630204/002/2020/2021 Tender Name: Proposed Boundary Wall To Komarock Primary School-520m Long. 1.1 The Embakasi Central Ng.cdf invites sealed tenders for the construction of the Proposed Boundary Wall To Komarock Primary School-520m Long.. 1.2 Contractors willing to bid must be registered with the National Construction Authority in class NCA 6 . 1.3 Interested eligible candidates may obtain further information and inspect tender documents at the Embakasi Central Ng.cdf P.O BOX 871-00518, NAIROBI located on Komarock Primary School , on week days, during normal working hours (8.00AM- 1.00PM and 2.00PM - 5.00PM local time) 1.4 A complete set of tender documents may be downloaded by interested candidates for free from website:www.tenders.go.ke 1.5 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings and shall remain valid for 120 days from the closing date of tender. 1.6 Completed tender documents are to be enclosed in plain sealed envelopes marked with the specific tender name and reference number and deposited in the Tender Box located at Embakasi Central Ng.cdf floor or to be addressed to The Fund Account Manager P.O. Box 871-00518, NAIROBI so as to be received on or before 10.00 AM, local time on 18th June, 2021. Late bids will be rejected. The bids must be accompanied by a security/Bid Bond of 2 percent of submitted bid addressed and bound to the Procuring Entity, that is in the required format, amount, from a reputable bank or insurance company approved by public procurement Regulatory Authority and that is valid for 150 days from the date of tender opening; 1.7 Bidders shall submit an original and one copy of the tender document. 1.8 Tenders shall be opened on 22nd June 2021 at 10.00AM in the presence of the candidates or their representatives who choose to attend at EMBAKASI CENTRAL NG-CDF Boardroom. 3
- 5. 4 SECTION II - INSTRUCTIONS TO TENDERERS
- 6. 5 SECTION II - INSTRUCTIONS TO TENDERERS TABLE OF CONTENTS PAGE CLAUSE PAGE 1. General …………………………………………………. 5 2. Tender Documents ………………………………… 7 3. Preparation of Tenders ………………………………… 8 4. Submission of Tenders ………………………………… 10 5. Tender Opening and Evaluation ……………………… 11 6. Award of Contract ………………………………………… 13
- 7. 6 INSTRUCTIONS TO TENDERERS. 1. General/Eligibility/Qualifications/Joint venture/Cost of tendering 1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for Works Contract as described in the tender documents. The successful tenderer will be expected to complete the Works by the Intended Completion Date specified in the tender documents. 1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or has not been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the project or being proposed as Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the Works, and any of its affiliates, shall not be eligible to tender. 1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a preliminary description of the proposed work method and schedule,drawings and charts, as necessary. 1.4 In the event that pre-qualification of potential tenderers has been undertaken, only tenders from pre-qualified tenderers will be considered for award of Contract. These qualified tenderers should submit with their tenders any information updating their original pre-qualification applications or, alternatively, confirm in their tenders that the originally submitted pre-qualification information remains essentially correct as of the date of tender submission. 1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall include the following information and documents with their tenders, unless otherwise stated: (a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the tender to commit the tenderer: (b) total monetary value of construction work performed for each of the last five years: (c) experience in works of a similar nature and size for each of the last five years, and details of work under way or contractually committed; and names and addresses of clients who may be contacted for further information on these contracts; (d) major items of construction equipment proposed to carry out the Contract and an undertaking that they will be available for the Contract. (e) Qualifications and experience of key site management and technical personnel proposed for the Contract and an undertaking that they shall be available for the Contract.
- 8. 7 (f) reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s reports for the past five years; (g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources); (h) authority to seek references from the tenderer’s bankers; (i) information regarding any litigation, current or during the last five years, in which the tenderer is involved, the parties concerned and disputed amount; and (j) Proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price. 1.6 Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements, unless otherwise stated: (a) the tender shall include all the information listed in clause 1.5 above for each joint venture partner; (b) the tender shall be signed so as to be legally binding on all partners; (c) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; (d) one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of all partners of the joint venture; and (e) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge. 1.7 To qualify for award of the Contract, tenderers shall meet the following minimum qualifying criteria; (a) annual volume of construction work of at least 2.5 times the estimated annual cashflow for the Contract; (b) experience as main contractor in the construction of at least two works of a nature and complexity equivalent to the Works over the last 10 years (to comply with this requirement, works cited should be at least 70 percent complete); (c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed as required for the Works; (d) a Contract manager with at least five years’ experience in works of an equivalent nature and volume, including no less than three years as Manager; and
- 9. 8 (e) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than 4 months of the estimated payment flow under this Contract. 1.8 The figures for each of the partners of a joint venture shall be added together to determine the tenderer’s compliance with the minimum qualifying criteria of clause 1.7 (a) and (e); however, for a joint venture to qualify, each of its partners must meet at least 25 percent of minimum criteria 1.7 (a), (b) and (e) for an individual tenderer, and the partner in charge at least 40 percent of those minimum criteria. Failure to comply with this requirement will result in rejection of the joint venture’s tender. Subcontractors’ experience and resources will not be taken into account in determining the tenderer’s compliance with the qualifying criteria, unless otherwise stated. 1.9 Each tenderer shall submit only one tender, either individually or as a partner in a joint venture. A tenderer who submits or participates in more than one tender (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the tenderer’s participation to be disqualified. 1.10 The tenderer shall bear all costs associated with the preparation and submission of his tender, and the Employer will in no case be responsible or liable for those costs. 1.11 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and examine the Site of the Works and its surroundings, and obtain all information that may be necessary for preparing the tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the tenderer’s own expense. 1.12 The procuring entity’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender. 1.13 The price to be changed for the tender document shall not exceed Kshs.5,000/= 1.14 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase. 2. Tender Documents 2.1 The complete set of tender documents comprises the documents listed below and any addenda issued in accordance with Clause 2.4. (a) These Instructions to Tenderers (b) Form of Tender and Qualification Information (c) Conditions of Contract (d) Appendix to Conditions of Contract (e) Specifications (f) Drawings (g) Bills of Quantities (h) Forms of Securities 2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in the tender documents. Failure to furnish all information required by the tender
- 10. 9 documents, or submission of a tender not substantially responsive to the tendering documents in every respect will be at the tenderer’s risk and may result in rejection of his tender. 2.3 A prospective tenderer making an inquiry relating to the tender documents may notify the Employer in writing or by cable, telex or facsimile at the address indicated in the letter of invitation to tender. The Employer will only respond to requests for clarification received earlier than seven days prior to the deadline for submission of tenders. Copies of the Employer’s response will be forwarded to all persons issued with tendering documents, including a description of the inquiry, but without identifying its source. 2.4 Before the deadline for submission of tenders, the Employer may modify the tendering documents by issuing addenda.Any addendum thus issued shall be part of the tendering documents and shall be communicated in writing or by cable, telex or facsimile to all tenderers. Prospective tenderers shall acknowledge receipt of each addendum in writing to the Employer. 7 2.5 To give prospective tenderers reasonable time in which to take an addendum into account in preparing their tenders, the Employer shall extend, as necessary, the deadline for submission of tenders, in accordance with Clause 4.2 here below. 3. Preparation of Tenders 3.1 All documents relating to the tender and any correspondence shall be in English language. 3.2 The tender submitted by the tenderer shall comprise the following: (a) These Instructions to Tenderers, Form of Tender, Conditions of Contract, Appendix to Conditions of Contract and Specifications; (b) Tender Security; (c) Priced Bill of Quantities ; (d) Qualification Information Form and Documents; (e) Alternative offers where invited; and (f) Any other materials required to be completed and submitted by the tenderers. 3.3 The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the tenderer will not be paid for when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause relevant to the Contract, as of 30 days prior to the deadline for submission of tenders, shall be included in the tender price submitted by the tenderer.
- 11. 10 3.4 The rates and prices quoted by the tenderer shall only be subject to adjustment during the performance of the Contract if provided for in the Appendix to Conditions of Contract and provisions made in the Conditions of Contract. 3.5 The unit rates and prices shall be in Kenya Shillings. 3.6 Tenders shall remain valid for a period of sixty (60) days from the date of submission. However in exceptional circumstances, the Employer may request that the tenderers extend the period of validity for a specified additional period. The request and the tenderers’ responses shall be made in writing. A tenderer may refuse the request without forfeiting the Tender Security. A tenderer agreeing to the request will not be required or permitted to otherwise modify the tender, but will be required to extend the validity of Tender Security for the period of the extension, and in compliance with Clause 3.7 - 3.11 in all respects. 3.7 The tenderer shall furnish, as part of the tender, a Tender Security in the amount and form specified in the appendix to invitation to tenderers. This shall be in the amount not exceeding 2 percent of the tender price 3.8 The format of the Tender Security should be in accordance with the form of Tender Security included in Section G - Standard forms or any other form acceptable to the Employer Tender Security shall be valid for 30 days beyond the validity of the tender. 3.9 Any tender not accompanied by an acceptable Tender Security shall be rejected. The Tender Security of a joint venture must define as “Tenderer” all joint venture partners and list them in the following manner: a joint venture consisting of”…………”,”…………”,and “…………”. 3.10 The Tender Securities of unsuccessful tenderers will be returned within 28 days of the end of the tender validity period specified in Clause 3.6. 3.11 The Tender Security of the successful tenderer will be discharged when the tenderer has signed the Contract Agreement and furnished the required Performance Security. 3.12 The Tender Security may be forfeited (a) if the tenderer withdraws the tender after tender opening during the period of tender validity; (b) if the tenderer does not accept the correction of the tender price, pursuant to Clause 5.7; (c) in the case of a successful tenderer, if the tenderer fails within the specified time limit to; (i) sign the Agreement, or (ii) Furnish the required Performance Security.
- 12. 11 3.13 Tenderers shall submit offers that comply with the requirements of the tendering documents, including the basic technical design as indicated in the Drawings and Specifications. Alternatives will not be considered, unless specifically allowed in the invitation to tender. If so allowed, tenderers wishing to offer technical alternatives to the requirements of the tendering documents must also submit a tender that complies with the requirements of the tendering documents, including the basic technical design as indicated in the Drawings and Specifications. In addition to submitting the basic tender, the tenderer shall provide all information necessary for a complete evaluation of the alternative, including design calculations, technical specifications, breakdown of prices, proposed construction methods and other relevant details. Only the technical alternatives, if any, of the lowest evaluated tender conforming to the basic technical requirements shall be considered. 3.14 The tenderer shall prepare one original of the documents comprising the tender documents as described in Clause 3.2 of these Instructions to Tenderers, bound with the volume containing the Form of Tender, and clearly marked “ORIGINAL”. In addition, the tenderer shall submit copies of the tender, in the number specified in the invitation to tender, and clearly marked as “COPIES”. In the event of discrepancy between them, the original shall prevail. 3.15 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to sign on behalf of the tenderer, pursuant to Clause 1.5 (a) or 1.6 (b), as the case may be. All pages of the tender where alterations or additions have been made shall be initialled by the person or persons signing the tender. 3.16 Clarification of tenders shall be requested by the tenderer to be received by the procuring entity not later than 7 days prior to the deadline for submission of tenders. 3.17 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender. 3.18 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price. 4. Submission of Tenders 4.1 The tenderer shall seal the original and all copies of the tender in two inner envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES” as appropriate. The inner and outer envelopes shall: (a) be addressed to the Employer at the address provided in the invitation to tender; (b) bear the name and identification number of the Contract as defined in the invitation to tender; and (c) provide a warning not to open before the specified time and date for tender opening.
- 13. 12 4.2 Tenders shall be delivered to the Employer at the address specified above not later than the time and date specified in the invitation to tender. However, the Employer may extend the deadline for submission of tenders by issuing an amendment in accordance with Sub-Clause 2.5 in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline will then be subject to the new deadline. 4.3 Any tender received after the deadline prescribed in clause 4.2 will be returned to the tenderer un-opened. 4.4 Tenderers may modify or withdraw their tenders by giving notice in writing before the deadline prescribed in clause 4.2. Each tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with clause 3.13 and 4.1, with the outer and inner envelopes additionally marked “MODIFICATION”and “WITHDRAWAL”, as appropriate. No tender may be modified after the deadline for submission of tenders. 4.5 Withdrawal of a tender between the deadline for submission of tenders and the expiration of the period of tender validity specified in the invitation to tender or as extended pursuant to Clause 3.6 may result in the forfeiture of the Tender Security pursuant to Clause 3.11. 4.6 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders by submitting tender modifications in accordance with Clause 4.4 or be included in the original tender submission. 5. Tender Opening and Evaluation 5.1 The tenders will be opened by the Employer, including modifications made pursuant to Clause 4.4, in the presence of the tenderers’ representatives who choose to attend at the time and in the place specified in the invitation to tender. Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenderers’ and Employer’s representatives who are present during the opening shall sign a register evidencing their attendance. 5.2 The tenderers’ names, the tender prices, the total amount of each tender and of any alternative tender (if alternatives have been requested or permitted), any discounts, tender modifications and withdrawals, the presence or absence of Tender Security, and such other details as may be considered appropriate, will be announced by the Employer at the opening. Minutes of the tender opening, including the information disclosed to those present will be prepared by the Employer. 5.3 Information relating to the examination, clarification, evaluation, and comparison of tenders and recommendations for the award of Contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the award to the successful tenderer has been announced. Any effort by a tenderer to influence the Employer’s officials, processing of tenders or award decisions may result in the rejection of his tender. 5.4 To assist in the examination, evaluation, and comparison of tenders, the Employer at his discretion, may ask any tenderer for clarification of the tender, including
- 14. 13 breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, telex or facsimile but no change in the price or substance of the tender shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered in the evaluation of the tenders in accordance with Clause 5.7. 5.5 Prior to the detailed evaluation of tenders, the Employer will determine whether each tender (a) meets the eligibility criteria defined in Clause 1.7;(b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the tendering documents. A substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tendering documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the works; (b) which limits in any substantial way, inconsistent with the tendering documents, the Employer’s rights or the tenderer’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other tenderers presenting substantially responsive tenders. 5.6 If a tender is not substantially responsive, it will be rejected, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 5.7 Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows: (a) where there is a discrepancy between the amount in figures and the amount in words, the amount in words will prevail; and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employer, there is an obvious typographical error, in which case the adjustment will be made to the entry containing that error. (c) In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Bill of Quantities, the amount as stated in the Form of Tender shall prevail. (d) The Error Correction Factor shall be computed by expressing the difference between the tender amount and the corrected tender sum as a percentage of the corrected Builder’s Work (i.e. Corrected tender sum less P.C. and Provisional Sums) (e) The Error Correction Factor shall be applied to all Builder’s Work (as a rebate or addition as the case may be) for the purposes of valuations for Interim Certificates and valuation of variations. (f) the amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not
- 15. 14 accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 3.11. 5.8 The Employer will evaluate and compare only the tenders determined to be substantially responsive in accordance with Clause 5.5. 5.9 In evaluating the tenders, the Employer will determine for each tender the evaluated tender price by adjusting the tender price as follows: (a) making any correction for errors pursuant to clause 5.7; (b) excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities, but including Dayworks where priced competitively. (c) making an appropriate adjustment for any other acceptable variations, deviations, or alternative offers submitted in accordance with clause 3.12; and (d) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with clause 4.6 5.10 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in tender evaluation. 5.11 The tenderer shall not influence the Employer on any matter relating to his tender from the time of the tender opening to the time the Contract is awarded. Any effort by the Tenderer to influence the Employer or his employees in his decision on tender evaluation, tender comparison or Contract award may result in the rejection of the tender. 5.12 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias provided that they do not sub- contract work valued at more than 50% of the Contract Price excluding Provisional Sums to an non-indigenous sub-contractor. 6. Award of Contract 6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer whose tender has been determined to be substantially responsive to the tendering documents and who has offered the lowest evaluated tender price, provided that such tenderer has been determined to be (a) eligible in accordance with the provision of Clauses 1.2, and (b) qualified in accordance with the provisions of clause 1.7 and 1.8. 6.2 Notwithstanding clause 6.1 above, the Employer reserves the right to accept or reject any tender, and to cancel the tendering process and reject all tenders, at any time prior to the award of Contract, without thereby incurring any liability to the
- 16. 15 affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the action. 6.3 The tenderer whose tender has been accepted will be notified of the award prior to expiration of the tender validity period in writing or by cable, telex or facsimile. This notification (hereinafter and in all Contract documents called the “Letter of Acceptance”) will state the sum (hereinafter and in all Contract documents called the “Contract Price”)that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract. At the same time the other tenderers shall be informed that their tenders have not been successful. The contract shall be formed on the parties signing the contract. 6.4 The Agreement will incorporate all agreements between the Employer and the successful tenderer. Within 14 days of receipt the successful tenderer will sign the Agreement and return it to the Employer. 6.5 Within 21 days after receipt of the Letter of Acceptance, the successful tenderer shall deliver to the Employer a Performance Security in the amount stipulated in the Appendix to Conditions of Contract and in the form stipulated in the Tender documents. The Performance Security shall be in the amount and specified form 6.6 Failure of the successful tenderer to comply with the requirements of clause 6.5 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Tender Security. 6.7 Upon the furnishing by the successful tenderer of the Performance Security, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful. 6.8 Preference where allowed in the evaluation of tenders shall not be allowed for contracts not exceeding one year (12 months) 6.9 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. 6.10 The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request. 6.11 Contract price variations shall not be allowed for contracts not exceeding one year (12 months) 6.12 Where contract price variation is allowed, the valuation shall not exceed 15% of the original contract price. 6.13 Price variation request shall be processed by the procuring entity within 30 days of receiving the request. 6.14 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.
- 17. 16 6.15 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer. 6.16 A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement. 7. Corrupt and Fraudulent practices 7.1 The procuring entity requires that tenderers observe the highest standards of ethics during procurement process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be involved in corrupt and fraudulent practices.
- 18. 17 SECTION III - APPENDIX TO INSTRUCTIONS TO TENDERERS
- 19. 18 SECTION III - APPENDIX TO INSTRUCTIONS TO TENDERERS The following appendix to instructions to tenderers shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers. CLAUSE 1.5: a) For the requirement of this clause; add the following: i. Be registered with National Construction Authority, Category 6 and above (Evidence of current registration is required); ii. Submit Valid Tax Compliance Certificate; c) For the requirement of this clause; i. Omit the words “each of” appearing before ‘the last five years’ ii. Attach copies of practical completion certificates for similar works undertaken in the last five years d) Delete the word ‘Major’ and substitute with the word ‘Relevant’ Key equipment required to carry out the works include: - Concrete mixers, Concrete hoists, steel scaffolding, steel formwork, Tippers, Lorries, Pick-ups, excavators, mechanical compactors. 1.7: Add the following after the words ‘qualifying criteria;’ (attach the relevant supporting documents as evidence) e) Delete the figure ‘4’ and substitute with figure ‘2’ Introduce the following: - f) The following tenders shall also be considered non-responsive: - • Incomplete and/or unsigned form of tender; • A partially filled or incomplete confidential business questionnaire; • Front loaded and unbalanced tender • Any bid outside ± 10% of the Engineer’s Estimate g) Tenderers who fail to attend the mandatory pre-tender site visit shall also be considered non-responsive. Attendance register shall be signed on the material date. 3.2 For the requirement of this clause; add the following g) Appendix to the Instruction to Bidders.
- 20. 19 3.6: Amend the first sentence to read as follows: ‘Tenders shall remain valid for a period of 120 days from the date of submission’ 3.7 & 3.18: Tender Security Amount of Tender Security is: 2 percent of tender sum. Form: Guarantee from a Bank or an Insurance Company approved by Public Procurement Oversight Authority (PPOA). 3.16: For purposes only, the Employer’s address is: Attention: Fund Account Manager Address: P.O. Box 871-00518 NAIROBI Telephone: +254- 715-070030 Electronic mail address: [email protected]
- 21. 20 SECTION IV - CONDITIONS OF CONTRACT
- 22. 21 SECTION IV- CONDITIONS OF CONTRACT TABLE OF CONTENTS PAGE 1 Definitions ………………………………………………… 22 2 Interpretation……………………………………………… 23 3 Language and Law …………………………………………24 4 Project Manager’s Decisions……………………………… 24 5 Delegation………………………………………………… 25 6 Communications ………………………………………… 25 7 Sub-Contracting ………………………………………… 25 8 Other Contractors ……………………………………… 25 9 Personnel ………………………………………………… 25 10 Works……………………………………………………… 25 11 Safety and temporary works ……………………………… 25 12 Discoveries …………………………………………………26 13 Work Programme ………………………………………… 26 14 Possession of site ………………………………………… 26 15 Access to site …………………………………………… 26 16 Instructions ……………………………………………… 27 17 Extension or Acceleration of completion date ………… 27 18 Management Meetings ………………………………… 27 19 Early Warning …………………………………………… 27 20 Defects …………………………………………………… 27 21 Bills of Quantities ………………………………………… 28 22 Variations ………………………………………………… 28 23 Payment certificates, currency of payments and Advance Payments ……………………………………… 29 24 Compensation events …………………………………… 31 25 Price Adjustment ………………………………………… 32 26 Retention ………………………………………………… 33 27 Liquidated Damages……………………………………… 34 28 Securities ………………………………………………… 34 29 Day Works ……………………………………………… 34 30 Liability and Insurance …………………………………… 34
- 23. 22 31 Completion and taking over ……………………………… 35 32 Final Account …………………………………………… 36 33 Termination ……………………………………………… 36 34 Payment upon termination …………………………………37 35 Release from performance ………………………………… 37 36 Corrupt gifts and payments of commission …………………38 37 Settlement of Disputes ………………………………………38
- 24. 23 CONDITIONS OF CONTRACT 1. Definitions 1.1 In this Contract, except where context otherwise requires, the following terms shall be interpreted as indicated; “Bill of Quantities” means the priced and completed Bill of Quantities forming part of the tender. “Compensation Events” are those defined in Clause 24 hereunder. “The Completion Date” means the date of completion of the Works as certified by the Project Manager, in accordance with Clause 31. “The Contract” means the agreement entered into between the Employer and the Contractor as recorded in the Agreement Form and signed by the parties including all attachments and appendices thereto and all documents incorporated by reference therein to execute, complete, and maintain the Works, “The Contractor” refers to the person or corporate body whose tender to carry out the Works has been accepted by the Employer. “The Ccontractor’s Tender “is the completed tendering document submitted by the Contractor to the Employer. “The Contract Price” is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. “Days” are calendar days; “Months” are calendar months. “A Defect” is any part of the Works not completed in accordance with the Contract. “The Defects Liability Certificate” is the certificate issued by Project Manager upon correction of defects by the Contractor. “The Defects Liability Period” is the period named in the Contract Data and calculated from the Completion Date. “Drawings” include calculations and other information provided or approved by the Project Manager for the execution of the Contract. “Day works” are Work inputs subject to payment on a time basis for labour and the associated materials and plant. “Employer”, or the “Procuring entity” as defined in the Public Procurement Regulations (i.e. Central or Local Government administration, Universities, Public Institutions and Corporations, etc) is the party who employs the Contractor to carry out the Works.
- 25. 24 “Equipment” is the Contractor’s machinery and vehicles brought temporarily to the Site for the execution of the Works. “The Intended Completion Date” is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order. “Materials” are all supplies, including consumables, used by the Contractor for incorporation in the Works. “Plant” is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function. “Project Manager” is the person named in the Appendix to Conditions of Contract (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract and shall be an “Architect” or a “Quantity Surveyor” registered under the Architects and Quantity Surveyors Act Cap 525 or an “Engineer” registered under Engineers Registration Act Cap 530. “Site” is the area defined as such in the Appendix to Condition of Contract. “Site Investigation Reports” are those reports that may be included in the tendering documents which are factual and interpretative about the surface and subsurface conditions at the Site. “Specifications” means the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager. “Start Date” is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with the Site possession date(s). “A S subcontractor” is a person or corporate body who has a Contract with the Contractor to carry out a part of the Work in the Contract, which includes Work on the Site. “Temporary works” are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works. “A Variation” is an instruction given by the Project Manager which varies the Works. “The Works” are what the Contract requires the Contractor to construct, install, and turnover to the Employer, as defined in the Appendix to Conditions of Contract. 2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning in English Language unless specifically defined.
- 26. 25 The P r o j e c t Manager will provide instructions clarifying queries about these Conditions of Contract. 2.2 If sectional completion is specified in the Appendix to Conditions of Contract, reference in the Conditions of Contract to the Works, the Completion Date and the Intended Completion Date apply to any section of the Works (other than references to the Intended Completion Date for the whole of the Works). 2.3 The following documents shall constitute the Contract documents and shall be interpreted in the following order of priority; (1) Agreement, (2) Letter of Acceptance, (3) Contractor’s Tender, (4) Appendix to Conditions of Contract, (5) Conditions of Contract, (6) Specifications, (7) Drawings, (8) Bill of Quantities, (9) Any other documents listed in the Appendix to Conditions of Contract as forming part of the Contract. Immediately after the execution of the Contract, the Project Manager shall furnish both the Employer and the Contractor with two copies each of all the Contract documents. Further, as and when necessary the Project Manager shall furnish the Contractor [always with a copy to the Employer] with three [3] copies of such further drawings or details or descriptive schedules as are reasonably necessary either to explain or amplify the Contract drawings or to enable the Contractor to carry out and complete the Works in accordance with these Conditions. 3. Language and Law 3.1 Language of the Contract and the law governing the Contract shall be English language and the Laws of Kenya respectively unless otherwise stated. 4 Project Manager’s Decisions
- 27. 26 4.1 Except where otherwise specifically stated, the Project Manager will decide contractual matters between the Employer and the Contractor in the role representing the Employer.
- 28. 27 5 Delegation 5.1 The Project Manager may delegate any of his duties and responsibilities to others after notifying the Contractor. 6 Communications 6.1 Communication between parties shall be effective only when in writing. A notice shall be effective only when it is delivered. 7 Subcontracting 7.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations. 8 Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities etc. as listed in the Appendix to Conditions of Contract and also with the Employer, as per the directions of the Project Manager. The Contractor shall also provide facilities and services for them. The Employer may modify the said List of Other Contractors etc., and shall notify the Contractor of any such modification. 9 Personnel 9.1 The C o n t r a c t o r shall employ the key personnel named in the Qualification Information, to carry out the functions stated in the said Information or other personnel approved by the Project Manager. The Project Manager will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are substantially equal to or better than those of the personnel listed in the Qualification Information. If the Project Manager asks the Contractor to remove a person who is a member of the Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the Work in the Contract. 10 Works 10.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings. The Works may commence on the Start Date and shall be carried out in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them bythe Intended Completion Date. 11 Safety and Temporary Works 11.1 The Contractor shall be responsible for the design of temporary works. However before erecting the same, he shall submit his designs including specifications and drawings to the Project Manager and to any other relevant third parties for their
- 29. 28 approval. No erection of temporary works shall be done until such approvals are obtained. 11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary works and all drawings prepared by the Contractor for the execution of the temporary or permanent Works, shall be subject to prior approval by the Project Manager before they can be used. 11.3 The Contractor shall be responsible for the safety of all activities on the Site. 12. Discoveries 12.1 Anything o f historical or other interest or of significant value unexpectedly discovered on Site shall be the property of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Project Manager’s instructions for dealing with them. 13. Work Program 13.1 Within the time stated in the Appendix to Conditions of Contract, the Contractor shall submit to the Project Manager for approval a program showing the general methods, arrangements, order, and timing for all the activities in the Works. An update of the program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining Work, including any changes to the sequence of the activities. The Contractor shall submit to the Project Manager for approval an updated program at intervals no longer than the period stated in the Appendix to Conditions of Contract. If the Contractor does not submit an updated program within this period, the Project Manager may withhold the amount stated in the said Appendix from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue program has been submitted. The Project Manager’s approval of the program shall not alter the Contractor’s obligations. The Contractor may revise the program and submit it to the Project Manager again at any time. A revised program shall show the effect of Variations and Compensation Events. 14. Possession of Site 14.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the Appendix to Conditions of Contract, the Employer will be deemed to have delayed the start of the relevant activities, and this will be a Compensation Event. 15. Access to Site 15.1 The Contractor shall allow the Project Manager and any other person authorised by the Project Manager, access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.
- 30. 29 16. Instructions 16.1 The Contractor shall carry out all instructions of the Project Manager which are in accordance with the Contract. 17. Extension or Acceleration of Completion Date 17.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a variation is issued which makes it impossible for completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining Work, which would cause the Contractor to incur additional cost. The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager in writing for a decision upon the effect of a Compensation Event or variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay caused by such failure shall not be considered in assessing the new (extended) Completion Date. 17.2 No bonus for early completion of the Works shall be paid to the Contractor by the Employer. 18. Management Meetings 18.1 A Contract management meeting shall be held monthly and attended by the Project Manager and the Contractor. Its business shall be to review the plans for the remaining Work and to deal with matters raised in accordance with the early warning procedure. The Project Manager shall record the minutes of management meetings and provide copies of the same to those attending the meeting and the Employer. The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting. 19. Early Warning 19.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the Work, increase the Contract Price or delay the execution of the Works. The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible. 19.2 The Contractor shall cooperate with the Project Manager in making and considering proposals on how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the Work and in carrying out any resulting instructions of the Project Manager. 20. Defects
- 31. 30 20.1 The Project Manager shall inspect the Contractor’s work and notify the Contractor of any defects that are found. Such inspection shall not affect the Contractor’s responsibilities. The Project Manager may instruct the Contractor to search for a defect and to uncover and test any Work that the Project Manager considers may have a defect. Should the defect be found, the cost of uncovering and making good shall be borne by the Contractor, However, if there is no defect found, the cost of uncovering and making good shall be treated as a variation and added to the Contract Price. 20.2 The Project Manager shall give notice to the Contractor of any defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the Appendix to Conditions of Contract. The Defects Liability Period shall be extended for as long as defects remain to be corrected. 20.3 Every time notice of a defect is given, the Contractor shall correct the notified defect within the length of time specified by the Project Manager’s notice. If the Contractor has not corrected a defect within the time specified in the Project Manager’s notice, the Project Manager will assess the cost of having the defect corrected by other parties and such cost shall be treated as a variation and be deducted from the Contract Price. 21. Bills of Quantities 21.1 The Bills of Quantities shall contain items for the construction, installation, testing and commissioning of the Work to be done by the Contractor. The Contractor will be paid for the quantity of the Work done at the rate in the Bills of Quantities for each item. 21.2 If the final quantity of the Work done differs from the quantity in the Bills of Quantities for the particular item by more than 25 percent and provided the change exceeds 1 percent of the Initial Contract price, the Project Manager shall adjust the rate to allow for the change. 21.3 If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bills of Quantities. 22. Variations 22.1 All variations shall be included in updated programs produced by the Contractor. 22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the variations when requested to do so. The Project Manager shall assess the quotation, which shall be given within seven days of the request or within any longer period as may be stated by the Project Manager and before the Variation is ordered. 22.3 If the work in the variation corresponds with an item description in the Bills of Quantities and if in the opinion of the Project Manager, the quantity of work is not above the limit stated in Clause 21.2 or the timing of its execution does not cause the
- 32. 31 cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to calculate the value of the variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the variation does not correspond with items in the Bills of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work. 22.4 If the Contractor’s quotation is unreasonable, the Project Manager may order the variation and make a change to the Contract price, which shall be based on the Project Manager’s own forecast of the effects of the variation on the Contractor’s costs. 22.5 If the Project Manager decides that the urgency of varying the Work would prevent a quotation being given and considered without delaying the Work, no quotation shall be given and the variation shall be treated as a Compensation Event. 22.6 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning. 22.7 When the Program is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast. 23. Payment Certificates, Currency of Payments and Advance Payments 23.1 The Contractor shall submit to the Project Manager monthly applications for payment giving sufficient details of the Work done and materials on Site and the amounts which the Contractor considers himself to be entitled to. The Project Manager shall check the monthly application and certify the amount to be paid to the Contractor within 14 days. The value of Work executed and payable shall be determined by the Project Manager. 23.2 The value of Work executed shall comprise the value of the quantities of the items in the Bills of Quantities completed; materials delivered on Site, variations and compensation events. Such materials shall become the property of the Employer once the Employer has paid the Contractor for their value. Thereafter, they shall not be removed from Site without the Project Manager’s instructions except for use upon the Works. 23.3 Payments shall be adjusted for deductions for retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 30 days of the date of issue of each certificate. If the Employer makes a late payment, the Contractor shall be paid simple interest on the late payment in the next payment. Interest shall be calculated on the basis of number of days delayed at a rate three percentage points above the Central Bank of Kenya’s average rate for base lending prevailing as of the first day the payment becomes overdue. 23.4 If an amount certified is increased in a later certificate or as a result of an award by an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.
- 33. 32 23.5 Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract. 23.6 The Contract Price shall be stated in Kenya Shillings. All payments to the Contractor shall be made in Kenya Shillings and foreign currency in the proportion indicated in the tender, or agreed prior to the execution of the Contract Agreement and indicated therein. The rate of exchange for the calculation of the amount of foreign currency payment shall be the rate of exchange indicated in the Appendix to Conditions of Contract. If the Contractor indicated foreign currencies for payment other than the currencies of the countries of origin of related goods and services, the Employer reserves the right to pay the equivalent at the time of payment in the currencies of the countries of such goods and services. The Employer and the Project Manager shall be notified promptly by the Contractor of an changes in the expected foreign currency requirements of the Contractor during the execution of the Works as indicated in the Schedule of Foreign Currency Requirements and the foreign and local currency portions of the balance of the Contract Price shall then be amended by agreement between Employer and the Contractor in order to reflect appropriately such changes. 23.7 In the event that an advance payment is granted, the following shall apply: - a) On signature of the Contract, the Contractor shall at his request, and without furnishing proof of expenditure, be entitled to an advance of 10% (ten percent) of the original amount of the Contract. The advance shall not be subject to retention money. b) No advance payment may be made before the Contractor has submitted proof of the establishment of deposit or a directly liable guarantee satisfactory to the Employer in the amount of the advance payment. The guarantee shall be in the same currency as the advance. c) Reimbursement of the lump sum advance shall be made by deductions from the Interim payments and where applicable from the balance owing to the Contractor. Reimbursement shall begin when the amount of the sums due under the Contract reaches 20% of the original amount of the Contract. It shall have been completed by the time 80% of this amount is reached. The amount to be repaid by way of successive deductions shall be calculated by means of the formula: R = A(x1 – x11 ) Where: 80 – 20 R = the amount to be reimbursed A = the amount of the advance which has been granted X1 = the amount of proposed cumulative payments as a percentage of the original amount of the Contract. This figure will exceed 20% but not exceed 80%.
- 34. 33 X11 = the amount of the previous cumulative payments as a percentage of the original amount of the Contract. This figure will be below 80%but not less than 20%. d) with each reimbursement the counterpart of the directly liable guarantee may be reduced accordingly. 24. Compensation Events 24.1 The following issues shall constitute Compensation Events: (a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Appendix to Conditions of Contract. (b) The Employer modifies the List of Other Contractors, etc., in a way that affects the Work of the Contractor under the Contract. (c) The Project Manager orders a delay or does not issue drawings, specifications or instructions required for execution of the Works on time. (d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon the Work, which is then found to have no defects. (e) The Project Manager unreasonably does not approve a subcontract to be let. (f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to tenderers (including the Site investigation reports), from information available publicly and from a visual inspection of the Site. (g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer or additional work required for safety or other reasons. (h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. (i) The effects on the Contractor of any of the Employer’s risks. (j) The Project Manager unreasonably delays issuing a Certificate of Completion. (k) Other compensation events described in the Contract or determined by the Project Manager shall apply. 24.2 If a compensation event would cause additional cost or would prevent the Work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
- 35. 34 24.3 As soon as information demonstrating the effect of each compensation event upon the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s own forecast. The Project Manager will assume that the Contractor will react competently and promptly to the event. 24.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor not having given early warning or not having co-operated with the Project Manager. 24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the Appendix to Conditions of Contract. 24.6 The Contractor shall give written notice to the Project Manager of his intention to make a claim within thirty days after the event giving rise to the claim has first arisen. The claim shall be submitted within thirty days thereafter. Provided always that should the event giving rise to the claim of continuing effect, the Contractor shall submit an interim claim within the said thirty days and a final claim within thirty days of the end of the event giving rise to the claim. 25. Price Adjustment 25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other levies are changed between the date 30 days before the submission of tenders for the Contract and the date of Completion. The adjustment shall be the change in the amount of tax payable by the Contractor. 25.2 The Contract Price shall be deemed to be based on exchange rates current at the date of tender submission in calculating the cost to the Contractor of materials to be specifically imported (by express provisions in the Contract Bills of Quantities or Specifications) for permanent incorporation in the Works. Unless otherwise stated in the Contract, if at any time during the period of the Contract exchange rates shall be varied and this shall affect the cost to the Contractor of such materials, then the Project Manager shall assess the net difference in the cost of such materials. Any amount from time to time so assessed shall be added to or deducted from the Contract Price, as the case may be. 25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to have been calculated in the manner set out below and in sub-clauses 25.4 and 25.5 and shall be subject to adjustment in the events specified thereunder; (i) The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the rates of wages and other emoluments and expenses as determined by the Joint Building Council of Kenya (J.B.C.) and set out in the schedule of basic rates issued 30 days before the date for submission of tenders. A copy of the schedule used by the
- 36. 35 Contractor in his pricing shall be attached in the Appendix to Conditions of Contract. (ii) Upon J.B.C. determining that any of the said rates of wages or other emoluments and expenses are increased or decreased, then the Contract Price shall be increased or decreased by the amount assessed by the Project Manager based upon the difference, expressed as a percentage, between the rate set out in the schedule of basic rates issued 30 days before the date for submission of tenders and the rate published by the J.B.C. and applied to the quantum of labour incorporated within the amount of Work remaining to be executed at the date of publication of such increase or decrease. (iii) No adjustment shall be made in respect of changes in the rates of wages and other emoluments and expenses which occur after the date of Completion except during such other period as may be granted as an extension of time under clause 17.0 of these Conditions. 25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the basic prices of materials to be permanently incorporated in the Works as determined by the J.B.C. and set out in the schedule of basic rates issued 30 days before the date for submission of tenders. A copy of the schedule used by the Contractor in his pricing shall be attached in the Appendix to Conditions of Contract. 25.5 Upon the J.B.C. determining that any of the said basic prices are increased or decreased then the Contract Price shall be increased or decreased by the amount to be assessed by the Project Manager based upon the difference between the price set out in the schedule of basic rates issued 30 days before the date for submission of tenders and the rate published by the J.B.C. and applied to the quantum of the relevant materials which have not been taken into account in arriving at the amount of any interim certificate under clause 23 of these Conditions issued before the date of publication of such increase or decrease. 25.6 No adjustment shall be made in respect of changes in basic prices of materials which occur after the date for Completion except during such other period as may be granted as an extension of time under clause 17.0 of these Conditions. 25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any materials included in the schedule of basic rates. 26. Retention 26.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Appendix to Conditions of Contract until Completion of the whole of the Works. On Completion of the whole of the Works, half the total amount retained shall be repaid to the Contractor and the remaining half when the Defects Liability Period has passed and the Project Manager has certified that all defects notified to the Contractor before the end of this period have been corrected.
- 37. 36 27. Liquidated Damages 27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in the Appendix to Conditions of Contract for each day that the actual Completion Date is later than the Intended Completion Date. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not alter the Contractor’s liabilities. 27.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rate specified in Clause 23.30 28. Securities 28.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a reputable bank acceptable to the Employer, and denominated in Kenya Shillings. The Performance Security shall be valid until a date 30 days beyond the date of issue of the Certificate of Completion. 29. Dayworks 29.1 If applicable, the Dayworks rates in the Contractor’s tender shall be used for small additional amounts of Work only when the Project Manager has given written instructions in advance for additional work to be paid for in that way. 29.2 All work to be paid for as Dayworks shall be recorded by the Contractor on Forms approved by the Project Manager. Each completed form shall be verified and signed by the Project Manager within two days of the Work being done. 29.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms. 30. Liability and Insurance 30.1 From the Start Date until the Defects Correction Certificate has been issued, the following are the Employer’s risks: (a) The risk of personal injury, death or loss of or damage to property (excluding the Works, Plant, Materials and Equipment), which are due to; (i) use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works, or (ii) negligence, breach of statutory duty or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.
- 38. 37 (b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in Employer’s design, or due to war or radioactive contamination directly affecting the place where the Works are being executed. 30.2 From the Completion Date until the Defects Correction Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk except loss or damage due to; (a) a defect which existed on or before the Completion Date. (b) an event occurring before the Completion Date, which was not itself the Employer’s risk (c) the activities of the Contractor on the Site after the Completion Date. 30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks of personal injury, death and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risk are Contractor’s risks. The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts stated in the Appendix to Conditions of Contract for the following events; (a) loss of or damage to the Works, Plant, and Materials; (b) loss of or damage to Equipment; (c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract, and (d) personal injury or death. 30.4 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation required to rectify the loss or damage incurred. 30.5 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due. 30.6 Alterations to the terms of an insurance shall not be made without the approval of the Project Manager. Both parties shall comply with any conditions of insurance policies. 31. Completion and taking over 31.1 Upon deciding that the Works are complete, the Contractor shall issue a written request to the Project Manager to issue a Certificate of Completion of the Works. The Employer shall take over the Site and the Works within seven [7] days of the Project Manager’s issuing a Certificate of Completion.
- 39. 38 32. Final Account 32.1 The Contractor shall issue the Project Manager with a detailed account of the total amount that the Contractor considers payable to him by the Employer under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 30 days a schedule that states the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a Payment Certificate. The Employer shall pay the Contractor the amount due in the Final Certificate within 60 days. 33. Termination 33.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. These fundamental breaches of Contract shall include, but shall not be limited to, the following; (a) the Contractor stops work for 30 days when no stoppage of work is shown on the current program and the stoppage has not been authorised by the Project Manager; (b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 30 days; (c) the Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or amalgamation; (d) a payment certified by the Project Manager is not paid by the Employer to the Contractor within 30 days (for Interim Certificate) or 60 days (for Final Certificate)of issue. (e) the Project Manager gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager; (f) the Contractor does not maintain a security, which is required. 33.2 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under Clause 33.1 above, the Project Manager shall decide whether the breach is fundamental or not. 33.3 Notwithstanding the above, the Employer may terminate the Contract for convenience. 33.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible. The Project
- 40. 39 Manager shall immediately thereafter arrange for a meeting for the purpose of taking record of the Works executed and materials , goods, equipment and temporary buildings on Site. 34. Payment Upon Termination 34.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the Work done and materials ordered and delivered to Site up to the date of the issue of the certificate. Additional liquidated damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable by the Contractor. 34.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the Work done, materials ordered, the reasonable cost of removal of equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works. 34.3 The Employer may employ and pay other persons to carry out and complete the Works and to rectify any defects and may enter upon the Works and use all materials on the Site, plant, equipment and temporary works. 34.4 The Contractor shall, during the execution or after the completion of the Works under this clause remove from the Site as and when required, within such reasonable time as the Project Manager may in writing specify, any temporary buildings, plant, machinery, appliances, goods or materials belonging to or hired by him, and in default the Employer may (without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor. Until after completion of the Works under this clause the Employer shall not be bound by any other provision of this Contract to make any payment to the Contractor, but upon such completion as aforesaid and the verification within a reasonable time of the accounts therefore the Project Manager shall certify the amount of expenses properly incurred by the Employer and, if such amount added to the money paid to the Contractor before such determination exceeds the total amount which would have been payable on due completion in accordance with this Contract the difference shall be a debt payable to the Employer by the Contractor; and if the said amount added to the said money be less than the said total amount, the difference shall be a debt payable by the Employer to the Contractor. 35. Release from Performance 35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop Work as quickly as possible after receiving this certificate and shall be paid for all Work carried out before receiving it.
- 41. 40 36. Corrupt gifts and payments of commission The Contractor shall not; (a) Offer or give or agree to give to any person in the service of the Employer any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this or any other contract for the Employer. (b) Enter into this or any other contract with the Employer in connection with which commission has been paid or agreed to be paid by him or on his behalf or to his knowledge, unless before the Contract is made 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) shall be an offence under the provisions of the Public Procurement Regulations issued under The Exchequer and Audit Act Cap 412 of the Laws of Kenya. 37. Settlement Of Disputes 37.1 In case any dispute or difference shall arise between the Employer or the Project Manager on his behalf and the Contractor, either during the progress or after the completion or termination of the Works, such dispute shall be notified in writing by either party to the other with a request to submit it to arbitration and to concur in the appointment of an Arbitrator within thirty days of the notice. The dispute shall be referred to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the Chairman or Vice Chairman of any of the following professional institutions; (i) Architectural Association of Kenya (ii) Institute of Quantity Surveyors of Kenya (iii) Association of Consulting Engineers of Kenya (iv) Chartered Institute of Arbitrators (Kenya Branch) (v) Institution of Engineers of Kenya On the request of the applying party. The institution written to first by the aggrieved party shall take precedence over all other institutions. 37.2 The arbitration may be on the construction of this Contract or on any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any matter or thing left by this Contract to the discretion of the Project Manager, or the
- 42. 41 withholding by the Project Manager of any certificate to which the Contractor may claim to be entitled to or the measurement and valuation referred to in clause 23.0 of these conditions, or the rights and liabilities of the parties subsequent to the termination of Contract. 37.3 Provided that no arbitration proceedings shall be commenced on any dispute or difference where notice of a dispute or difference has not been given by the applying party within ninety days of the occurrence or discovery of the matter or issue giving rise to the dispute. 37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such a dispute or difference shall not commence unless an attempt has in the first instance been made by the parties to settle such dispute or difference amicably with or without the assistance of third parties. Proof of such attempt shall be required. 37.5 Notwithstanding anything stated herein the following matters may be referred to arbitration before the practical completion of the Works or abandonment of the Works or termination of the Contract by either party: 37.5.1 The appointment of a replacement Project Manager upon the said person ceasing to act. 37.5.2 Whether or not the issue of an instruction by the Project Manager is empowered by these Conditions. 37.5.3 Whether or not a certificate has been improperly withheld or is not in accordance with these Conditions. 37.5.4 Any dispute or difference arising in respect of war risks or war damage. 37.6 All other matters shall only be referred to arbitration after the completion or alleged completion of the Works or termination or alleged termination of the Contract, unless the Employer and the Contractor agree otherwise in writing. 37.7 The Arbitrator shall, without prejudice to the generality of his powers, have powers to direct such measurements, computations, tests or valuations as may in his opinion be desirable in order to determine the rights of the parties and assess and award any sums which ought to have been the subject of or included in any certificate. 37.8 The Arbitrator shall, without prejudice to the generality of his powers, have powers to open up, review and revise any certificate, opinion, decision, requirement or notice and to determine all matters in dispute which shall be submitted to him in the same manner as if no such certificate, opinion, decision requirement or notice had been given. 37.9 The award of such Arbitrator shall be final and binding upon the parties.
- 43. 42 SECTION V – APPENDIX TO CONDITIONS OF CONTRACT
- 44. 43 SECTION V: APPENDIX TO CONDITIONS OF CONTRACT THE EMPLOYER IS: Name : EMBAKASI CENTRAL NG-CDF Address: P.O.BOX 871-00518 NAIROBI Name of Authorized Representative: ELIAS MATE, FUND ACCOUNT MANAGER Telephone: +254-715-070030 E mail: [email protected],ke Website: THE PROJECT MANAGER IS: Name: THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY Address: P.O. Box 300175, NAIROBI. Telephone: +254-722-278417 Facsimile: + The name of the Contract is: PROPOSED BOUNDARY WALL TO KAYOLE POLICE STATION-520M LONG. REF: No. 284/2640507/001/2020/2021 The Works consist of: i. BOUNDARY WALL The Start Date shall be: AS AGREED WITH THE PROJECT MANAGER The Intended Completion Date for the whole of the Works shall be:
- 45. 44 FORTY (40) WEEKS AFTER START DATE The following documents also form part of the Contract: Any Other Authorized Drawings which may be issued from time to time The Contractor shall submit a program for the Works within 7 DAYS of delivery of the Letter of Acceptance. The Site Possession Date shall be: AS AGREED WITH THE PROJECT MANAGER The Site is located IN KAYOLE POLICE STATION, NAIROBI COUNTY and is defined in CONTRACT DRAWINGS The Defects Liability period is: 180 DAYS Other Contractors, utilities etc., to be engaged by the Employer on the Site Include those for the execution of NONE The minimum insurance covers shall be; 1. The minimum cover for insurance of the Works and of Plant and Materials in respect of the Contractor’s faulty design is: NIL 2. The minimum cover for loss or damage to Equipment is KSHS. 10,000,000 3. The minimum for insurance of other property is KSH. 5,000,000.00 4. The minimum cover for personal injury or death insurance For the Contractor’s employees is KSH. 2,000,000.00 And for other people is KSH. 2,000,000.00 The following events shall also be Compensation Events: NONE The period between Program updates is: 14 DAYS. The amount to be withheld for late submission of an updated program of works is: 100% OF CERTIFICATE The proportion of payments retained is 10 percent with a limit of retention of 10 % of the Contract Sum. The Price Adjustment Clause shall not apply The liquidated damages for the whole of the Works is Kshs. 100,000.00 (per week or part thereof) The Performance Security shall be for the following minimum amounts equivalent as a percentage of the Contract Price Five percent (5%)
- 46. 45 The Completion Period for the Works is: 40 WEEKS The rate of exchange for calculation of foreign currency payments is: Not Applicable The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to attach]. Advance Payment SHALL NOT be granted.
- 47. 46 SECTION VI - PREAMBLES & PRICING NOTES
- 48. 47 SECTION VI: SPECIFICATIONS INTRODUCTION 1.0 GENERALLY All work to be carried out in accordance with the Ministry of Public Works General Specifications for Building Works issued in 1976 or as qualified or amended. 1.1 MANUFUCTURES’ NAMES Whereas manufactures’ names and catalogue references are given for guidance to quality and standards only, alternative manufacturer of equal quality will be accepted at the discretion of the Project Manager. 1.2 WALLING All pre-cast blocks shall be manufactured by the methods and to the sizes specified in the Ministry of Roads and Public Works “Specification for Metric Sized Concrete Blocks for Building (1972). Walling of 150mm thickness or under shall be reinforced with hoop iron in every alternate course. Prices for walling must allow for costs in preparing, packing and sending sample blocks for testing as and when required by the Project Manager. 1.3 CARPENTRY The grading rules for cypress shall be the same as podo-carpus and all timber used for structural work shall be select (second grade). All structural timber must conform to the minimum requirements for moisture content and preservative treatment and timber prices must allow for preparing, packing and sending samples for testing when required. Prices must also include for nails and fasteners. 1.4 JOINERY Cypress for joinery shall be second grade in accordance with the latest grading rules of the Kenya Government. Where mahogany is specified, this refers to grading only. The Contractor may with the approval of the Project Man ager, use either Msharagi or Mvuli in lieu of Mahogany but such approval will only be given in the case of shortages of the hardwoods specified. Plugging shall be carried out by drilling walling or concrete with masonry drill and filling with propriety plugs of the correct sizes. Cutting with hammer or chisel will not be allowed. Prices for joinery must include for pencil arises, protection against damage, nails, screws, framing and bedding in cement mortar as required. Sizes given for joinery items are nominal sizes and exact dimensions of doors, etc, must be ascertained on site.
- 49. 48 1.5 IRON MONGERY Ironmongery shall be specified in the Bill of Quantities or equal and approved. Prices must include for removing and re-fixing during and after painting, labeling all keys, and for fixing to hardwood, softwood, concrete or block work. Catalogue references given for ironmongery are for purposes of indicating quality and sizes of item(s). Should the Contractor wish to substitute the specified item(s) with other equal quality, he must inform the Project Manager and obtain approval in writing. 1.6 STRUCTURAL STEELWORK All structural steelwork shall comply with the Ministry of Public Works ‘Structural Steelwork Specification (1973)’ and shall be executed by an approved Sub-contractor. 1.7 PLASTERWORKS AND OTHER FINISHES All finishing shall be as described in the General Specifications and the Bill of Quantities. Prices for pavings are to include for brushing concrete clean, wetting and coating with cement and sand grout (1:1). Rates for glazed wall tiling are to include for a 12mm cement and sand (1:4) backing screed unless otherwise specified in the Bills of Quantities. 1.8 GLAZING Where polished plate glass is specified, this refers to general glazing quality. Prices for glazing shall include priming of rebates before placing putty. The Contractor will be responsible for replacing any broken or scratched glass and handing over in perfect condition. 1.9 PAINTING All painting shall be 1st quality ‘Crown Solo’ or other equal and approved. Painting shall be applied in accordance with the manufactures’ written instruction. Prices of painting are to include for scaffolding, preparatory work, priming coats, protection of other works, and for cleaning upon completion. Prices of painting on galvanized metal are to include for mordant solutions as necessary. DETAILED SPECIFICATIONS The Contractor should read carefully the following specification for workmanship prepared in accordance with the Standard Specification f or Building Works 1976 Edition Prepared by Ministry of Public Works.
- 50. 49 A. GENERAL ITEMS A.1 Materials Generally All materials used in the works shall be new and of the qualities and kinds specified herein and equal to approved samples. Deliveries shall be made sufficiently in advance to enable samples to be taken and tested as required. No material shall be used until approved and all materials not approved or which are damaged, contaminated or have deteriorated in any way or do not comply in any way with the requirement of this specification shall be rejected and immediately removed from the site at Contractor’s own expense. A2. Material for which there is a Kenya Bureau of Standard (KBS) Specification. All materials used in the works for which a Kenya Bureau of Standard Specification has been published shall conform to the latest edition thereof in every way. The Project Manager has the right to demand that the Contractor obtains at his own expense a certificate in respect of any material stating that it conforms to KBS Specifications. A.3 Materials for which there is no KBS Specifications All materials used in the works for which no KBS Specifications has been published shall conform to British Standard (BS) Specifications for such materials. If there are no published standards as specified for any materials, the quality of such a material shall be of a standard equal to those for which there is a KBS or BS Specifications. B. EXCAVATIONS AND EARTH WOKRS B1. Site Clearance Site clearance shall include the cutting down of all trees, stumps, bushes, vegetation and rubbish, burning up the debris arising in approved locations and carting away remaining materials to a tip provided by the Contractor. B2. Nature of the soil The Contractor is advised to visit the site and ascertain the nature of the ground to be excavated as no claim will be entertained for lack of knowledge in this respect. Rates for excavations shall include for excavating in soil, earth black cotton soil, sandy soil, murram, tuff, soft rock, boulders, or whatever other subsoil is encountered except for hard rock as defined below. B3 Foundation Excavations The foundation trenches and column bases shall be excavated to the widths and depths of the concrete foundations shown on the drawings or such widths and depths as the Project Manager may instruct. Quantities of all excavation shall be measured and valued by the PM and any difference between such measurements and the measurements herein given shall be dealt with as a variation to the Contract. If however the Contractor excavates to greater depths than shown on the drawings or as instructed by the PM, then he/she shall at his/her own expense fill in such extra depth of excavation with concrete as specified for foundations to the satisfaction of the PM. The Contractor shall not be paid for the cost of any excavation executed deeper or wider than shown on the drawings or instructed by the PM.
- 51. 50 B4. Surplus Soil Disposal Excavated materials not required for subsequent refilling to areas off site which shall be approved by the PM. B5. Top Soil Spreading Whenever required in the Bills of Quantities, top soil require for subsequent spreading over finished work shall especially be selected and shall be dumped in special heaps as indicated by the PM. Such soil be reasonably free from vegetation to the satisfaction of the PM and shall be compacted as little as possible. B6. Filling under Surface Beds in Buildings (i) Murram filling Murram for filling as base course shall be from an approved source and of the highest quality. It shall be laid in well-compacted layers not exceeding 150mm. Water will be applied to O.M.O and each layer shall be thoroughly compacted by at least 8 passes of a 10 ton smooth wheeled roller or a 2 ton vibrating roller until all movement cease and 100% C.B.R achieved. (ii) Hardcore filling Hardcore filling shall be crushed rock, broken concrete or other approved hard granular crushed materials broken to pass not greater than a 150mm ring or to be a 75% of the finished thickness of the layers being compacted whichever is the less and graded so that it can be easily and thoroughly compacted by rolling. B7. Anti-termite treatment Where described, the top surface of filling shall be treated with gladiator TC pesticides to be supplied by Rentokil Ltd. P.O Box 44360, Nairobi or other equal and approved firm. The Contractor must destroy any termite nests found within the perimeter of the building and within 20 metres from the building externally and take out and destroy queens, impregnate holes and tunnels with approved and backfill with hard material, well rammed and consolidated. The Contractor shall be required to issue a 10 year guarantee to the Employer. B8. Polythene Sheeting Polythene sheeting shall be from an approved manufacture. Joint in sheeting shall be treble folded with a 150mm fold and tapped at 300mm intervals with 50mm wide plastic adhesive tapes. The sheeting shall not be stretched but shall be laid with sufficient wrinkles permit shrinkage up to 15%. The Contractor shall ensure the membrane is not stretched by laying and concreting. B9. Existing Services Before commencing the works, the Contractor shall at his own expense ascertain in writing from the relevant Local Authorities and other public bodies, companies and persons who may be affected, the position and depths of their respective ducts, cables, mains or pipes appurtenance. He shall therefore such for and locate such services. B10. Protection The Contractor shall protect all graded and filled areas from elements of weather. Any settlement or washing away that occurs prior to acceptance of the works shall be repaired and grades re- established to required elevation and slopes.
- 52. 51 C. CONCRETE WORK C.1 Codes of Practice All workmanship, materials, tests and performances in connection with reinforced concrete shall be in conformity with the latest edition of the British Standards for concrete works 9B.S. B110 Parts 1&2, B.S. 8004, B.S.8007) and any other approved Local and International Standards. Where inconsistency exists between these preambles and these standards, the Contractor shall notify the PM in time for clarification as to which of the two apply to the Contract. C.2 Supervision A competent person approved by the PM shall be employed by the Contractor at all stages in the preparation and placing of the concrete. All cubes shall be made and site tests carried under his direct supervision on consultation PM. C.3 Cement Cement unless otherwise specified shall be ordinary Portland cement of brand and source approved by the PM and shall comply with the requirements K.S.02-21. A manufacture certificate of test in accordance K.S.02-21shall is supplied for each consignment delivered on site. C.4 Aggregate Aggregates shall conform to the requirements of K.S.02-95 and all the proposed sources, types and grading test results of all aggregates are to be approved in all respects by the PM. If in the opinion of the PM the aggregate meets with the above requirements but is dirty or adulterated in any manner it shall be screened and/or washed with clean water at the Contractor’s expense. Aggregate shall be delivered to site in their prescribed sizes or gradings and shall be stock-piled on paved areas to be boarded platforms in separate units to avoid intermixing. On no account shall premixed cores aggregate be brought to the patching plant or stock-piled on the ground. C.5 Water The water used for mixing concrete shall be from an approved source, clean, fresh and free from harmful matter and comply with the requirements of B.S3148. C.6 Quality Control at Work Stage Once the concrete mix is accepted from preliminary to works stage, the principal basis of control shall be analysis of the test tube at 28 days. C.7 Cement The quality of cement shall be measured by weight. Where delivered in bags, each batch of concrete is to contain one or more bags of cement in accordance with the proportions specified. For non-structural concrete volume batching may be used as indicated below: Class of Concrete 15 10 Nominal mix by volume 1:3:6 1:4:8 Cubic metres of fine aggregate Per 50Kg bag of cement Cubic metres of course aggregate 0.12 0.16 Per 50 Kg bag of cement 0.24 0.32 Max. Size of course aggregate 40mm* 40mm* *or 20mm for blinding concrete where described.
- 53. 52 Where batching is by volume, approved gauge boxes of such a size as will give the correct proportions shall be used, and full account shall of bulking due to high moisture content. C.8 Construction joints Construction joints shall be permitted only at the position predetermined on the drawings or as instructed on the site by PM. In general they shall be located at points of minimum shear, viz, vertical at, or near micspan of slabs, ribs and deems. C.9 Faulty Concrete Any concrete which fails to comply with these Preambles, or which shows signs or setting before it is placed shall be taken out and removed from site, where concrete is found to be defective after it has set, the concrete shall be cut out and replaced in accordance with the PM’s instructions. On no account shall honeycombed or otherwise defective concrete be repaired or patched until the PM has made in inspection and issued instruction for repair. C.10 Steel Reinforcement The steel reinforcement shall comply with the latest requirement of British Standards: Hot rolled MS for the Reinforcement of Concrete KS02-22 Hot rolled MS for the Reinforcement of Concrete KS4449 Cold worked H.Y steel for the Reinforcement of Concrete BS4461 Hard drawn steel wire BS4482 C.11 Fabric Reinforcement Fabric reinforcement shall be electrically cross-welded steel wire mesh reinforcement to BS4483 and of the size and weight specified and made of wire to BS4482 C.12 Fixing Steel Reinforcement Reinforcement shall be accurately bent to the shapes and dimensions shown on the drawings and Schedules and in accordance with BS 4466 and BS8110. Reinforcement must be cut and bent cold and no welded joints will be permitted unless directed by the PM. C.13 Formwork The method and system of formwork which the Contractor proposes to use shall be approved by the PM before commencement of construction. Formwork shall be substantially and rigidly constructed of timber, steel, plastic, precast concrete or other approved material. All timber formwork shall be good, sound, clean, sawn, well-seasoned timber free from warps and loose knots and scantlings sufficiently strong for their purpose. D. WALLING MATERIALS D.1 Cement Cement used for making mortar shall be as described in concrete. D.2 Lime The lime for making mortar shall be obtained from an approved source and shall comply with BS890 Class A for non-hydraulic lime. The lime is to be run to putty in an approved in an approved line pit or container. The water to be first run into the pit or container and the lime to be added until it is completely submerged, stirred vigorously until it all lumps are disintegrated and shall be kept constantly covered with water and regularly stirred for at least four weeks. The resulting milk lime is then to be run through a fine sieve and run into a
- 54. 53 pit or other container and kept clean and moist for not less than two weeks before being used in the works. D.2 Sand Sand used for making mortar shall be clean, well graded siliceous sand of good sharp hard quality equal to samples which shall be deposited and approved by the PM. It shall be free from lumps of stone, earth, loam, dust, salt, organic matter and other deleterious substances, passed through a fine sieve and washed by clean water if so directed by the PM. D.4 Water Shall be as described in Concrete Work D.5 Stone All stone shall comply with the requirements of CP 121.202 for masonry and rubble walls respectively except where amended or extended by the following clauses. D.6 Reinforced Walls Steel reinforcing bars in walls shall be carefully placed and spacers used to ensure that a minimum of 20mm cover is given to the reinforcement unless otherwise specified. Horizontal reinforcement in mortar joints shall be laid such that the reinforcement is in contact with block or stone. D.7 Wall Ties Wall ties shall be provided to steel or concrete columns and beams to connect two unbounded leaves of walls. Wall ties shall be provided at 450mm centres vertically and 900mm centres horizontally and shall be staggered when used to connect two unbounded walls. Wall ties shall be embedded into each material by a minimum of 50mm. D.8 Fair Face All concrete and hollow block work described as finished with a fair face is to be built to a true and even fair face with the joints finished as specified hereunder. D.9 Pointing Walls shall be prepared for pointing by raking out all loose and friable materials to a minimum of 15mm to form a square recess. The joints shall then be wetted and a new mortar shall be forced into the joints and finished as directed. E. GLAZING MATERIALS E.1 General Glass used for glazing and for mirrors shall of best quality clear glass free from visible defects so as to afford uninterrupted vision or reflection as appropriate and without distortion. E.2 Standards Glass for glazing and mirrors shall be from approved manufacturer and to comply with BS952 in all respects free from flaws, bubbles, specks and other imperfections. E.3 Clear Sheet glass etc The clear sheet glass shall be ordinary glazing (OG) quality. E.4 Obscured Glass
- 55. 54 To be of type approved by the PM E.5 Putty The putty for glazing to wood sashes is to be linseed oil putty to BS644 E.6 General Glazing of all types in all locations shall be carefully executed by artisans skilled in this type of work and in conformance with the recommendations of CP152. Glazing shall be carefully fitted so that it is not subject to pressure and stresses imposed by an oversight within framing. F. METAL WORK F.1 Generally All materials shall be the best of their respective kinds free from defects and all work is to be carried out in the most workmanlike manner and strictly as directed by the PM. The materials in all stages of transportation, handling and stacking shall be kept clean and prevented from injury by breaking, bending, and distortion and weather actions. F.2 Mild Steel Mild steel shall comply with BS 15 F.3 Hollow Section Tubing Square and rectangular hollow section tubing shall be hot rolled mild steel in accordance with Grade 43C of BS4360 F.4 Bolts, Nuts and Washers These shall be fabricated from materials which comply with BS 15 and manufactured item shall comply with the appropriate BS. F.5 Galvanized Sheet Steel To be No 24S.W.G of approved manufacture to BS 2989 of quality mild steel cold rolled close annealed patent flattened and hot dip galvanizes. F.6 Stainless Steel Stainless Steel tube shall be Austenic steel to BS comparable to BS 1449 type 316 S 16. F.7 Steel Grilles Stainless steel shall be manufactured from sections conforming to BS 990 of heavy duty section of the metric W20 range of approved manufacture and design approved by the PM. After manufacture and before delivery to site steel windows are to be hot galvanized by dipping in a bath of molten zinc or painted with one coat primer. F.8 Welding All welding are to be in accordance with the requirements of BS1856 and 938 and the electrodes shall comply with BS639. F.9 Painting All steel is to wire brushed and any loose scale; dirt or grease shall be removed before any painting is commenced. One coat of red oxide primer type A to BS 2523 shall be applied at the shop. Any damage to the printing paint shall be made good to the PM’s approval.
- 56. 55 F.10 Fixing of Steel Grilles Fixing of metal grilles shall include for assembling and fixing, including screwing to sub-frames or cutting mortices for lugs in concrete or walling and running with cement mortar (1:4), bedding frames in similar mortar , pointing in mastic, bedding sills, transoms and mullions in mastic, making good finishings around both sides an fixing , adjusting all fittings and frames. G. PLASTERWORK G.1 Generally Render, both internal and external shall be cement and sand in the proportions (1:4) finished to the thickness specified. Plaster shall consist of an undercoat of 1 part cement and parts sand by volume, and finishing coat of 1part cement and 10 parts lime putty. Each coat shall be finished to the thickness specified G.2 Cement Ordinary Portland cement and shall comply with KS02-21. White and colored cement shall comply with BS12 and be obtained from approved manufacturer. G.3 Lime Lime shall be prepared from hydrated lime complying with B 890, Part 2. G.4 Sands Sand for cement and lime mixes shall comply with BS 1199, Table 1. G.5 Water Water shall be clean and kept free from impurities. G.6 Mixing of materials All materials shall be thoroughly mixed in the proportions described. No mixes of plasters, other than described shall be used. G.7 Period between coats Cement-lime undercoats shall be allowed to dry thoroughly before a further coat is applied. G.8 Surfaces of beds and backings Screeded beds for insitu of finishings of floor bedded in mortar bedded in mortar shall be left rough from the screeding board. Floated beds for inflexible floor finishings bedded in mastic, shall be left with a plain untextured surface. Toweled beds for flexible finishings shall be finished smooth and free from score marks, grooves or depressions. Screeded backings for insitu wall finishings or wall finishings bedded in mortar shall be scratched for key. Floated backings for inflexible wall finishings fixed with adhesive shall be left with a plain surface. Toweled backings for flexible wall finishings shall be finished with smooth and free from score marks or depressions. Beds and backings for finishings by specialist must be to the approval of the specialist.
- 57. 56 G.9 Preparation of surfaces All surfaces to receive the finishings in this section shall be thoroughly cleaned. Screeds to receive finishings bedded in mortar shall be well wetted before laying is commenced. H. PAINTING AND DECORATING H.1 Color Ranges Painting and decorative schemes shall be carried out in colors selected by the PM from the approved range of colors. H.2 Approval of brands The Contractor shall seek, in writing, approval from the PM for all brands of paint he wishes to use. H.3 Quality of products Where a type of paint is produced by a manufacturer in more than one quality, oil paints and materials of the first or best quality material shall be used in the works. The container label shall show clearly the type of paint being used. Where it is not evident that the first or best quality of paint is being used, the PM will order the removal of such materials from the site and rectification of any work executed with those materials, all at the Contractor’s own cost. H.4 Same makers materials used for coating While materials for the work may be obtained from the several makers, undercoat and finishing coats for a particular must be obtained from the same maker, i.e. maker’s undercoat. H.5 Remedying defects due to defective materials All materials which in the opinion of the PM are unsatisfactory shall be immediately removed from site and any work executed with such defective materials shall be made good by the Contractor, at his own expense, to the satisfaction of the PM. H.6 Emulsion Paint Emulsion paint (interior and/or exterior), shall a P.V.A a base and shall be of an approved brand. The first coat shall be thinned in accordance with the manufactures instructions. Where described as applied externally, the paint shall incorporate an approved fungicide to prevent fungus growth. H.7 Black bituminous paint Black bituminous paint shall comply with BS 3416, Type 1for general use, Type II for drinking water. H.8 Primer for iron steelwork Primer for iron and steelwork shall be:- a) Lead based priming paint complying with BS 2523, Type B. b) Calcium plumbates priming paint complying with BS 3698, Type A. H.9 Primer for woodwork Primer for internal woodwork, other than the surfaces of external doors, windows and their frames and back of frames and linings, etc. in contact with masonry, concrete or plaster, shall be endless white or light grey priming paint not darker than 9-o93 of BS 4800 which shall be compatible with the subsequent coats and obtains from the same maker.
- 58. 57 Had gloss, semi-gloss matt and flat oil paints, shall be approved. H.10 Polyurethane lacquer Polyurethane lacquer shall be an approved single pack or two pack lacquer as described of interior or exterior quality, as appropriate. H.11 Plaster, rendering, concrete and brickwork All plaster or mortar splashes, etc. shall be removed from plaster rendering, concrete, block work and block by careful scraping, all holes, cracks, etc. shall be stopped and the whole of the surfaces shall be brushed down to remove dusts and loose material. In addition, all traces of mould oil shall be removed from concrete surfaces by scrubbing with water and detergent and rinsing with clean water to remove all detergent. H.12 Iron and Steel Before fixing, all rust and scale shall be removed from iron and steel surfaces by wire brushing, scraping, hammering, flame cleaning etc. H.13 Firebrand All dirt and shall be brushed off from fire brand surfaces. After priming, all holes and other imperfections shall be stopped. H.14 Plywood Surfaces of plywood to be painted shall be filled as required with plaster based filler H.40 Woodwork to be painted Before fixing woodwork, all surfaces which will be visible after fixing shall be rubbed down and all knots and resin pockets shall be scorched back and coated with knotting. After priming and fixing, all nail holes and other imperfections shall be stopped and the whole surface shall be rubbed down and all dust brushed off. H.41 Woodwork to receive clear finish All holes and other imperfections in surfaces to receive a clear furnish shall be stopped and the whole surface shall be rubbed down to a fine satin finish and brushed off. Prior to the commencement of internal and external decoration, areas not exceeding 50 square meters in total area, and designated by the PM, shall be completely decorated, and after approval shall be used as standard for the whole of the works. Any additional cost involved in carrying the out such decoration in advance of the general work shall be deemed to be included in the Contract Sum. Such decorated surfaces shall be made good and touched up as necessary prior to the handing over of the works. H.43 Stirring of Materials The contents of all cans and containers of all materials must be properly and thoroughly stirred before and during use and shall be suitably stained as and when necessary. H.44 Manufacturer’s Instructions The contents of all cans and containers of materials must be properly and thoroughly stirred before and during use and base suitably strained as and when necessary.
- 59. 58 H.45 Brushwork Unless otherwise described, all coatings shall be applied by brush. Written permission must be obtained from the PM for application of coatings by spray or roller where not so described, and if permission is granted, such application shall not result in extra cost to employer.
- 61. 60 SECTION VII: DRAWINGS 1. Sample of Architectural drawings including site plans - Annex I 2. Sample of Structural drawings - Annex II
- 63. 62 SECTION VIII – STANDARD FORMS i. Form of Tender ii. Letter of Acceptance iii. Form of Agreement iv. Form of Tender Security v. Performance Bank Guarantee vi. Bank Guarantee for Advance Payment vii. Qualification Information viii. Tender Questionnaire ix. Confidential Business Questionnaire x. Statement of Foreign Currency Requirement xi. Details of Sub-Contractors xii. Request for Review Form
- 64. 63 FORM OF TENDER TO The Fund Account Manager Embakasi Central Ng-cdf P.O. BOX 871-00518 NAIROBI Date: Dear Sir/Madam, 1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs. [Amount in figures] Kenya Shillings: [Amount in words] 2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract. 3. We agree to abide by this tender until [Insert date], and it shall remain binding upon us and may be accepted at any time before that date. 4. Unless and until a formal Agreement is prepared and executed this tender together with your written acceptance thereof, shall constitute a binding Contract between us. 5. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this day of 20 Signature in the capacity of duly authorized to sign tenders for and on behalf of [Name of Contractor ] of [Address of Contractor] Rubberstamp of Contractor: Witness; Name Address Signature Date
- 65. 64 LETTER OF ACCEPTANCE [letterhead paper of the Employer] _[date] To: [name of the Contractor] [address of the Contractor] Dear Sir, This is to notify you that your Tender dated for the execution of [name of the Contract and identification number,as given in the Tender documents] for the Contract Price of Kshs. [amount in figures][Kenya Shillings (amount in words) ] in accordance with the Instructions to Tenderers is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents. Authorized Signature ………………………………………………………………… Name and Title of Signatory ………………………………………………………… Attachment : Agreement
- 66. 65 FORM OF AGREEMENT THIS AGREEMENT, made the between day of 20 of[or whose registered office is situated at] (hereinafter called “the Employer”) of the one part AND of[or whose registered office is situated at] (hereinafter called “the Contractor”) of the other part. WHEREAS THE Employer is desirous that the Contractor executes (name and identification number of Contract ) (hereinafter called “the Works”) located at [Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein for the Contract Price of Kshs [Amount in figures],Kenya Shillings [Amount in words]. NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and shall be read and construed as part of this Agreement i.e. (i) Letter of Acceptance (ii) Form of Tender (iii) Conditions of Contract Part I (iv) Conditions of Contract Part II and Appendix to Conditions of Contract (v) Specifications (vi) Drawings (vii) Priced Bills of Quantities 3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the
- 67. 66 remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written. The common Seal of Was hereunto affixed in the presence of Signed Sealed, and Delivered by the said Binding Signature of Employer _ Binding Signature of Contractor In the presence of (i) Name Address Signature [ii] Name Address Signature
- 68. 67 FORM OF TENDER SECURITY WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his tender dated ………………………… for the construction of ……………………………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20………… THE CONDITIONS of this obligation are: 1. If after tender opening the tenderer withdraws his tender during the period of tender validity specified in the instructions to tenderers Or 2. If the tenderer, having been notified of the acceptance of his tender by the Employer during the period of tender validity: (a) fails or refuses to execute the form of Agreement in accordance with the Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Tenderers; We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the said date. [date[ [signature of the Bank] [witness] [seal]
- 69. 68 PERFORMANCE BANK GUARANTEE To: (Name of Employer) (Address of Employer) Dear Sir, (Date) WHEREAS (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. (hereinafter called “the Works”); dated to execute AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Kshs. (amount of Guarantee in figures) Kenya Shillings (amount of Guarantee in words), and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Kenya Shillings (amount of Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change, addition or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any change, addition, or modification. This guarantee shall be valid until the date of issue of the Certificate of Completion. SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank Address Date
- 70. 69 BANK GUARANTEE FOR ADVANCE PAYMENT To: [name of Employer] (Date) [address of Employer] Gentlemen, Ref: [name of Contract] In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We, [name and Address of Contractor] (hereinafter called “the Contractor”) shall deposit with [name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Contract in an amount of Kshs. [amount of Guarantee in figurers] Kenya Shillings [amount of Guarantee in words]. We, [bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding Kshs [amount of Guarantee in figures] Kenya Shillings [amount of Guarantee in words], such amount to be reduced periodically by the amounts recovered by you from the proceeds of the Contract. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between [name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. No drawing may be made by you under this guarantee until we have received notice in writing from you that an advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until (name of Employer) receives full payment of the same amount from the Contract. Yours faithfully, Signature and Seal Name of the Bank or financial institution Address Date
- 72. 71 QUALIFICATION INFORMATION 1. Individual Tenderers or Individual Members of Joint Ventures 1.1 Constitution or legal status of tenderer (attach copy or Incorporation Certificate); Place of registration: Principal place of business Power of attorney of signatory of tender 1.2 Total annual volume of construction work performed in the last five years Year Volume Currency Value 1.3 Work performed as Main Contractor on works of a similar nature and volume over the last five years. Also list details of work under way or committed, including expected completion date. Project name Name of clientType of work Value of and contact performed and Contract person year of completion _ 1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all information requested below. Item of Description, Condition(new, Owned, leased Equipment Make and age good, poor) and (from whom?), or (years) number available to be purchased (from whom?) (etc.) 1.5 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data.
- 73. 72 Position Name Years of experience (general) Years of experience in proposed position Project Manager (etc.) 1.6 Financial reports for the last five years: balance sheets, profit and loss statements, auditor’s reports, etc. List below and attach copies. 1.7 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of supportive documents. 1.8 Name, address and telephone, telex and facsimile numbers of banks that may provide reference if contacted by the Employer. 1.9 Statement of compliance with the requirements of Clause 1.2 of the Instructions to Tenderers. 1.10 Proposed program (work method and schedule) for the whole of the Works. 2 Joint Ventures 2.4 The information listed in 1.1 – 1.10 above shall be provided for each partner of the joint venture. 2.5 The information required in 1.11 above shall be provided for the joint venture. 2.6 Attach the power of attorney of the signatory(ies) of the tender authorizing signature of the tender on behalf of the joint venture
- 74. 73 2.7 Attach the Agreement among all partners of the joint venture ( and which is legally binding on all partners), which shows that: a) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; b) one of the partners will be nominated as being in charge, authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture; and c) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge.
- 75. 74 TENDER QUESTIONNAIRE Please fill in block letters. 1. Full names of tenderer ……………………………………………………………………………………… 2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has been appointed below) ……………………………………………………………………………………… 3. Telephone number (s) of tenderer ……………………………………………………………………………………… 4. Telex address of tenderer ……………………………………………………………………………………… 5. Name of tenderer’s representative to be contacted on matters of the tender during the tender period ……………………………………………………………………………………… 6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential if the tenderer does not have his registered address in Kenya (name, address, telephone, telex) ……………………………………………………………………………………… ……………………………………………………………………………………… Signature of Tenderer Make copy and deliver to: (Name of Employer)
- 76. 75 CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) and 2 (d) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this Form. Part 1 – General Business Name ……………………………………………………………………… Location of business premises; Country/Town………………………. Plot No……………………………………… Street/Road ………………………… Postal Address……………………………… Tel No……………………………….. Nature of Business………………………………………………………………….. Current Trade Licence No…………………… Expiring date………………… Maximum value of business which you can handle at any time: K. pound……………………….. Name of your bankers……………………………………………………………… Branch………………………………………………………………………………… Part 2 (a) – Sole Proprietor Your name in full…………………………………… Age………………………… Nationality………………………………… Country of Origin………………… *Citizenship details ………………………………………………………………… Part 2 (b) – Partnership Give details of partners as follows: Name in full Nationality Citizenship Details Shares 1…………………………………………………………………………………… 2…………………………………………………………………………………… 3…………………………………………………………………………………… Part 2(c) – Registered Company: Private or public…………………………………………………………… State the nominal and issued capital of the Company-
- 77. 76 Nominal Kshs………………………………………………………………… Issued Kshs…………………………………………………………………… Give details of all directors as follows: Name in full . Nationality. Citizenship Details*. Shares. 1. ……………………………………………………………………………………… 2. ……………………………………………………………………………………… 3. ……………………………………………………………………………………… 4. ……………………………………………………………………………………… Part 2(d) – Interest in the Firm: Is there any person / persons in …………… ………(Name of Employer) who has interest in this firm? Yes/No………………………(Delete as necessary) I certify that the information given above is correct. ……………………… ……………………… ………………… (Title) (Signature) (Date) • Attach proof of citizenship
- 78. 77 STATEMENT OF FOREIGN CURRENCY REQUIREMENTS (NOT APPLICABLE) (See Clause 23] of the Conditions of Contract) In the event of our Tender for the execution of (name of Contract) being accepted, we would require in accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the following percentage: (Figures)………………………… (Words)………………………………… of the Contract Sum, (Less Fluctuations) to be paid in foreign currency. Currency in which foreign exchange element is required: ……………………………………………………………………………………… Date: The ………… Day of …………….. 20……………. Enter 0% (zero percent) if no payment will be made in foreign currency. Maximum foreign currency requirement shall be _ (percent) of the Contract Sum, less Fluctuations. (Signature of Tenderer)
- 79. 78 DETAILS OF SUB-CONTRACTORS If the Tenderer wishes to sublet any portions of the Works under any heading, he must give below details of the sub-contractors he intends to employ for each portion. Failure to comply with this requirement may invalidate the tender. (1) Portion of Works to be sublet: ……………………………… [i) Full name of Sub-contractor and address of head office: ……………………………… ……………………………… (ii) Sub-contractor’s experience of similar works carried out in the last 3 years with Contract value: ……………………………… ……………………………… ……………………………… (2) Portion of Works to sublet: ……………………………… (i) Full name of sub-contractor and address of head office: ……………………………… ……………………………… ……………………………… (ii) Sub-contractor’s experience of similar works carried out in the last 3 years with contract value: …………………………… …………………………… [Signature of Tenderer) Date
- 80. 79 LETTER OF NOTIFICATION OF AWARD Address of Procuring Entity To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you. 1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter. 3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award. (FULL PARTICULARS) SIGNED FOR ACCOUNTING OFFICER
- 81. 80 FORM RB 1 REPUBLIC OF KENYA PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD APPLICATION NO…………….OF……….….20……... BETWEEN …………………………………………….APPLICANT AND …………………………………RESPONDENT (Procuring Entity) Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated the…day of ………….20……….in the matter of Tender No………..…of …………..20… REQUEST FOR REVIEW I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to review the whole/part of the above mentioned decision on the following grounds , namely:- 1. 2. etc. By this memorandum, the Applicant requests the Board for an order/orders that: - 1. 2. etc SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20… FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of ………....20….……… SIGNED Board Secretary
- 82. 81 SECTION IX - BILLS OF QUANTITIES
- 83. SECTION IX BILLS OF QUANTITIES PARTICULAR PRELIMINARIES PP / 1
- 84. ITEM DESCRIPTION AMNT PARTICULAR PRELIMINARIES A EMPLOYER The “Employer” is The Fund Account Manager EMBAKASI CENTRAL NGCDF P.O BOX 871-00518 - NAIROBI The term "Employer" and "Government" wherever used in the contract document shall be synonymous B DESCRIPTION OF THE WORKS The works to be carried out under this contract comprise Proposed Boundary Wall To Komarock Primary School- 520m Long.. including the associated Electrical and Mechanical Services, civil works and external works all as per drawings and Bills of Quantities Total carried to collections PP / 2
- 85. ITEM DESCRIPTION AMNT A LOCATION OF SITE The site of the proposed works is- KOKAROCK PRIMARY SCHOOL , NAIROBI COUNTY. The Contractor is advised to visit the site, to familiarize with the nature and position of the site. No claims arising from the Contractor’s failure to do so will be entertained. B BID BOND A bid bond shall be required in the amount stated here or in the invitation to tender or advertisement Bid bond amount 2 percent of tender sum Bid bond shall be from EITHER an approved insurance company or bank. C CLEARING AWAY The Contractor shall remove all temporary works, rubbish, debris and surplus materials from the site as they accumulate and upon completion of the works, remove and clear away all plant, equipment, rubbish, unused materials and stains and leave in a clean and tidy state to the reasonable satisfaction of the Project Manager. The whole of the works shall be delivered up clean, complete and in perfect condition in every respect to the satisfaction of the Project Manager. D WORKING CONDITIONS This is a virgin site The contractor must allow for compliance with all County & Civic Authority laws & regulations Total carried to collections PP / 3
- 86. ITEM DESCRIPTION AMNT A CLAIMS It shall be a condition of this contract that upon it becoming reasonably apparent to the Contractor that he has incurred losses and/or expenses due to any of the contract conditions, or by any other reason whatsoever, he shall present such claim or intent to claim notice to the PROJECT MANAGER within the contract period. No claims shall be entertained upon the expiry of the said contract period. B LABOUR CAMPS The Contractor shall not be allowed to house labour on site. Allow for transporting workers to and from the site during the tenure of the contract. C PRICING RATES i The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. ii Items for which no rate or price is entered by the tenderer shall be deemed to be covered in the rates and prices of the priced items in the Bill of Quantities. iii The tenderer shall include for all costs in executing the whole of the works, including transport, replacing damaged items, fixing, all to comply with the Conditions of Contract. iv Prices quoted must be in Kenya shillings . v Prices shall remain valid for one hundred twenty (120) days from the closing date of tender. vi The rates and prices quoted by the tenderer shall only be subject to adjustment during the performance of the Contract if provided for in the Appendix to Conditions of Contract and provisions made in the Conditions of Contract. Total carried to collections PP / 4
- 87. ITEM DESCRIPTION AMNT A MATERIALS FROM DEMOLITIONS Any materials arising from demolitions SHALL NOT BE re-used and shall become the property of the client unless otherwise advised. B URGENCY OF THE WORKS The Contractor is notified that these “works are urgent” and should be completed within the period stated in Particular Preliminaries.The Contractor shall allow in his rates for any costs he/she may incur by having to complete the works within the stipulated contract period C PAYMENT FOR MATERIALS ON SITE All materials for incorporation in the works must be stored on site before payment is effected, unless specifically exempted by the Project Manager. This is to include materials of the Contractor and nominated sub-Contractors. Total carried to collections PP / 5
- 88. ITEM DESCRIPTION AMNT A ADVANCE PAYMENTS The tenderer’s attention is drawn to the fact that the Government does not make advance payments. B EXISTING SERVICES Prior to the commencement of any work, the Contractor is to ascertain from the relevant authority the exact position, depth and level of all existing services in the area and shall make whatever provisions may be required by the authorities for the support, maintenance and protection of such services. C MEASUREMENTS In the event of any discrepancies arising between the Bills of Quantities and the actual works, the site measurements shall take precedence. However, such discrepancies between any contract documents shall immediately be referred to the PROJECT MANAGER in accordance with Clause 22 of the Conditions of Contract. The discrepancies shall then be treated as a variation and be dealt with in accordance with Clause 22 of the said Conditions. Total carried to collections PP / 6
- 89. ITEM DESCRIPTION AMNT A VALUE ADDED TAX The Contractor’s attention is drawn to the Legal Notice in Finance Act part 3 Section 21(b) operative from 1 st September, 1993 which requires payment of VAT on all contracts. In accordance with Government public notice No. 35 & 36 Dated 11th September 2003 operational from 1st October 2003, withholding VAT is to be levied against the contract sum by the Employer and remitted to the Commissioner of VAT through interim certificates. The contractor shall include V.A.T in the Grand Summary page as indicated herein. B SECURITY FOR THE WORKS The Contractor shall allow for providing adequate security for the works and the workers in the course of execution of this contract. No claim will be allowed from the Contractor for not maintaining adequate security for both the works and workers. C File security cabinet Supply & deliver 2 No X 6 drawer metal filing cabinet both code and key operated for contract documents as "AIKO" or " EALGLE" or other equally approved Carried to collection PP / 7
- 90. ITEM DESCRIPTION AMNT PARTICULARS OF INSERTIONS TO BE MADE IN APPENDIX TO CONTRAT AGREEEMENT The following are the insertions to be made in the appendix to the contract Agreement:- A Period of Final Measurement 3 Months from Practical Completion B Defects Liability Period 6 Months from Practical Completion C Date for Possession To be agreed with the Project Manager D Date for Completion FORTY (40) WEEKS from the Date of possession E Liquidated and Ascertained Damages At a rate of KSh 100,000 Per week or part thereof F Period of Interim Certificates Monthly G Period of Honouring Certificates 30Days H Percentage of Certified Value Retained 10% I Limit of Retention Fund 10% Total carried to collections PP / 9
- 91. ITEM DESCRIPTION AMNT COLLECTION Brought forward from page PP/2 Brought forward from page PP/3 Brought forward from page PP/4 Brought forward from page PP/5 Brought forward from page PP/6 Brought forward from page PP/7 Brought forward from page PP/8 Brought forward from page PP/9 TOTAL CARRIED TO GRAND SUMMARY PP / 10
- 93. ITEM DESCRIPTION AMNT GENERAL PRELIMINARIES A. PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES Prices will be inserted against items of Preliminaries in the Contractor's priced Bills of Quantities and Specification. The Contractor shall be deemed to have included in his prices or rates for the various items in the Bills of Quantities or Specification for all costs involved in complying with all the requirements for the proper execution of the whole of the works in the Contract. Failure to price an item shall not exempt the contractor from carrying out works described therein. Should the contractor fail to carry out works which he/she did not price and after having received a written instruction from the Project Manager, then the value of such works shall be deducted from the very immediate certificate issued to the contractor. MoPW current rates, JBC, IQSK, manufacturers or fair rates shall be used by the PM in valuation of unpriced items which the contractor shall fail to execute. The contractor is advised to read and understand all preliminary items. The Contractor is advised to visit the site, to familiarize with the nature and position of the site. No claims arising from the Contractor’s failure to do so will be allowed. B FORM OF CONTRACT The Form of Contract shall be as stipulated in the Republic of Kenya's Standard Tender Document for Procurement of Building Works (2007 Edition) included herein. The Conditions of Contract are also included herein. Total carried to collections GP / 2
- 94. ITEM DESCRIPTION AMNT A FIRM PRICE CONTRACT Unless otherwise specifically stated in the Contract Data and/or Particular preliminaries this is a firm price contract and the contractor must allow in his tender rates for any increase in the cost of labour and/or materials during the execution of the contract. B VISIT SITE AND EXAMINE DRAWINGS. The Contractor is recommended to examine the drawings and visit the site the location of which is described in the Particular Preliminaries hereof. He shall be deemed to have acquainted himself therewith as to its nature, position, means of access or any other matter which, may affect his tender. No claim arising from his failure to comply with this recommendation will be considered. C BONDS. The Contractor shall find and submit on the Form of Tender a guarantor who will be willing to be bound by the Government in the amount of the bond The amount of the bond is SPECIFIED IN THE PARTICULAR PRELIMINARIES The guarantor shall be an approved institution as specified in the particular preliminaries or invitation to tender and who will when and if called upon, sign a Bond to that effect on the relevant standard form included herein. (without the addition of any limitations) on the same day as the Contract Agreement is signed, by the Government, the Contractor shall furnish within seven days another Surety to the approval of the Government. Total carried to collections GP / 3
- 95. ITEM DESCRIPTION AMNT A PERFORMANCE BOND 5% bond shall be required from the specified institution The period for supplying the bond shall be 14 days. No contract shall be signed, NOR shall any payment be made before the bidder has complied with the bond requirements Failure to deliver the bond within the specified period shall automatically disqualify the bidder and the tender shall be awarded to next most reponsive bidder without reference to the defaulting bidder. Should the bidder commence works and subsequently fail to provide the bond, he shall be evicted from site without any reimbursement not withstanding the site having been handed over by the PM and client. The handing over only kickstarts the process and is not a waiver to bond conditions. The bond for the due performances of the Contract shall be valid up to the date of completion as certified by the PROJECT MANAGER Any bond which provides otherwise or attempts to vary the duration of validity shall be invalid The bond shall comply in all respects with the PPOA copy enclosed in the instructions to tender. A bond that does not match the PPOA copy shall be treated as NO BOND! The contractor shall provide a bid security duly signed, sealed and stamped from an approved Bank of required amount in the particular preliminaries B BID BOND A bid bond shall be required in the amount stated here or in the invitation to tender or advertisement Total carried to collections GP / 4
- 96. ITEM DESCRIPTION AMNT A EXCEPTION TO THE STANDARD METHOD OF MEASUREMENT Attendance ; Clause B19(a) of the Standard Method of Measurement is deleted and the following clause is substituted:- Attendance on nominated Sub-Contractors shall be given as an item in each case shall be deemed to include: allowing use of standing scaffolding, mess rooms, sanitary accommodation and welfare facilities; provision of special scaffolding where necessary;providing space for office accommodation and for storage of plant and materials;providing light and water for their work: clearing away rubbish; unloading checking and hoisting: providing electric power and removing and replacing duct covers, pipe casings and the like necessary for the execution and testing of Sub- Contractors' work and being responsible for the accuracy of the same. Fix Only:- "Fix Only" shall mean take delivery at nearest railway station (Unless otherwise stated), pay all demurrage charges, load and transport to site where necessary, unload, store, unpack, assemble as necessary, distribute to position, hoist and fix only. B NCA CONSTRUCTION LEVY The contractor shall allow for the payment of NCA construction levy of 0.5% of the construction cost required under NCA Act Sec 31(2) for all projects over KES 5,000,000/= Total carried to collections GP / 5
- 97. ITEM DESCRIPTION AMNT A ABBREVIATIONS Throughout these Bills units of measurement and terms are abbreviated and shall be interpreted as follows:- CM or Cm Shall mean cubic meter SM or Sm Shall mean square meter LM or Lm Shall mean linear meter MM or mm Shall mean Millimeter KG or Kg. Shall mean Kilogramme No or Nr Shall mean Number PRS or Prs. Shall mean Pairs B.S. Shall mean the British Standard Specification Published by the British Standards Institution, 2 Park Street, London W.I England M.S. Shall mean measured separately Ditto shall mean the whole of the preceding description except as qualified in the description in which it occurs. Do shall mean the whole of the preceding description except as qualified in the description in which it occurs. a.b. Shall mean as before described a.b.d. Shall mean as before described Total carried to collections GP / 6
- 98. ITEM DESCRIPTION AMNT PARTIES TO THE CONTRACT A EMPLOYER The “Employer” is AS DEFINED UNDER PARTICULAR PRELIMINARIES The term "Employer" and "Government" wherever used in the contract document shall be synonymous B PROJECT MANAGER shall be -: The term "P.M." wherever used in these Bills of Quantities shall be deemed to imply the Project Manager as defined in Condition 1 of the Conditions of Contract or such person or persons as may be duly authorised to represent him on behalf of the Government. In this Project, the Project Manager shall be -: THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY P.O. BOX 300175 NAIROBI C ARCHITECT The term "Architect" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above D QUANTITY SURVEYOR The term "Quantity Surveyor" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above Total carried to collections GP / 7
- 99. ITEM DESCRIPTION AMNT A ELECTRICAL ENGINEER The term "Electrical Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above B MECHANICAL ENGINEER The term "Mechanical Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above C STRUCTURAL ENGINEER The term "Structural Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above Total carried to collections GP / 8
- 100. ITEM DESCRIPTION AMNT A PLANT, TOOLS AND VEHICLES Allow for providing all scaffolding, plant, tools and vehicles required for the works except in so far as may be stated otherwise herein and except for such items specifically and only required for the use of nominated Sub-Contractors as described herein. No timber used for scaffolding, formwork or temporary works of any kind shall be used afterwards in the permanent work. B TRANSPORT. Allow for transport of workmen, materials, etc., to and from the site at such hours and by such routes as may be permitted by the competent authorities. C MATERIALS AND WORKMANSHIP. All materials and workmanship used in the execution of the work shall be of the best quality and description unless otherwise stated. The Contractor shall order all materials to be obtained from overseas immediately after the Contract is signed and shall also order materials to be obtained from local sources as early as necessary to ensure that they are onsite when required for use in the works. The Bills of Quantities shall not be used for the purpose of ordering materials. D SIGN FOR MATERIALS SUPPLIED. The Contractor will be required to sign a receipt for all articles and materials supplied by the PROJECT MANAGER at the time of taking deliver thereof, as having received them in good order and condition, and will thereafter be responsible for any loss or damage and for replacements of any such loss or damage with articles and/or materials which will be supplied by the PROJECT MANAGER at the current market prices including Customs Duty and V.A.T., all at the Contractor's own cost and expense, to the satisfaction of the PROJECT MANAGER Total carried to collections GP / 9
- 101. ITEM DESCRIPTION AMNT A STORAGE OF MATERIALS The Contractor shall provide at his own risk and cost where directed on the site weather proof lock-up sheds and make good damaged or disturbed surfaces upon completion to the satisfaction of the PROJECT MANAGER Nominated Sub-Contractors are to be made liable for the cost of any storage accommodation provided especially for their use. B SAMPLES The Contractor shall furnish at his own cost any samples of materials or workmanship including concrete test cubes required for the works that may be called for by the PROJECT MANAGER for his approval until such samples are approved by the PROJECT MANAGER and the PROJECT MANAGER, may reject any materials or workmanship not in his opinion to be up to approved samples. The PROJECT MANAGER shall arrange for the testing of such materials as he may at his discretion deem desirable, but the testing shall be made at the expense of the Contractor and not at the expense of the PROJECT MANAGER PROVIDED THEY PASS THE TEST. The Contractor shall pay for the testing in accordance with the current scale of testing charges laid down by the Ministry of Public Works. The procedure for submitting samples of materials for testing and the method of marking for identification shall be as laid down by the PROJECT MANAGER The Contractor shall allow in his tender for such samples and tests except those in connection with nominated sub- contractors' work. Samples of paint, carpets, curtains & covers, tiles & timber shall be required for approval by the PM together with the employer. No alternte rate shall be offered on account that the employer has chosen a superior finish unless the bidder had attached the sample he priced. Total carried to collections GP / 10
- 102. ITEM DESCRIPTION AMNT A PUBLIC AND PRIVATE ROADS. Maintain as required throughout the execution of the works and make good any damage to public or private roads arising from or consequent upon the execution of the works to the satisfaction of the local and other competent authority and the PROJECT MANAGER B EXISTING PROPERTY. The Contractor shall take every precaution to avoid damage to all existing property including roads, cables, drains and other services and he will be held responsible for and shall make good all such damage arising from the execution of this contract at his own expense to the satisfaction of the PROJECT MANAGER C ACCESS TO SITE AND TEMPORARY ROADS. Means of access to the Site shall be agreed with the PROJECT MANAGER prior to commencement of the work and Contractor must allow for building any necessary temporary access roads for the transport of the materials, plant and workmen as may be required for the complete execution of the works including the provision of temporary culverts, crossings, bridges, or any other means of gaining access to the Site. Upon completion of the works, the Contractor shall remove such temporary access roads; temporary culverts, bridges, etc., and make good and reinstate all works and surfaces disturbed to the satisfaction of the PROJECT MANAGER D AREA TO BE OCCUPIED BY THE CONTRACTOR The area of the site which may be occupied by the Contractor for use of storage and for the purpose of erecting workshops, etc., shall be defined on site by the PROJECT MANAGER Total carried to collections GP / 11
- 103. ITEM DESCRIPTION AMNT A SECURITY OF WORKS ETC. The Contractor shall be entirely responsible for the security of all the works stores, materials, plant, personnel, etc., both his own and sub- contractors' and must provide all necessary watching, lighting and other precautions as necessary to ensure security against theft, loss or damage and the protection of the public. B PROGRESS CHART. The Contractor shall provide within two weeks of Possession of Site and in agreement with the PROJECT MANAGER a Progress Chart for the whole of the works including the works of Nominated Sub- Contractors ; one copy to be handed to the PROJECT MANAGER and a further copy to be retained on Site. Progress to be recorded and chart to be amended as necessary as the work proceeds. C INSURANCE The Contractor shall insure as required in Conditions No. 30 of the Conditions of Contract. No payment on account of the work executed will be made to the Contractor until he has satisfied the PROJECT MANAGER either by production of an Insurance Policy or and Insurance Certificate that the provision of the foregoing Insurance Clauses have been complied with in all respects. Thereafter the PROJECT MANAGER shall from time to time ascertain that premiums are duly paid up by the Contractor who shall if called upon to do so, produce the receipted premium renewals for the PROJECT MANAGER's D CONTRACTOR'S SUPERINTENDENCE/SITE AGENT The Contractor shall constantly keep on the works a literate English speaking Agent or Representative, competent and experienced in the kind of work involved who shall give his whole experience in the kind of work involved and shall give his whole time to the superintendence of the works. Such Agent or Representative shall receive on behalf of the Contractor all directions and instructions from the Project Manager and such directions shall be deemed to have been given to the Contractor in accordance with the Conditions of Contract. Total carried to collections GP / 12
- 104. ITEM DESCRIPTION AMNT A PROVISIONAL WORK All work described as "Provisional" in these Bills of Quantities is subject to remeasurement in order to ascertain the actual quantity executed for which payment will be made. All "Provisional" and other work liable to adjustment under this Contract shall left uncovered for a reasonable time to allow all measurements needed for such adjustment to be taken by the PROJECT MANAGER Immediately the work is ready for measuring, the Contractor shall give notice to the PROJECT MANAGER. If the Contractor makes default in these respects he shall if the PROJECT MANAGER so directs uncover the work to enable all measurements to be taken and afterwards reinstate at his own expense. B PROVISIONAL SUMS. The term "Provisional Sum" wherever used in these Bills of Quantities shall have the meaning stated in Section A item A7(i) of the Standard Method of Measurement.Such sums are net and no addition shall be made to them for profit. C ADJUSTMENT OF PROVISIONAL SUMS. In the final account all Provisional Sums shall be deducted and the value of the work properly executed in respect of them upon the PROJECT MANAGER's order added to the Contract Sum. Such work shall be valued , but should any part of the work be executed by a Nominated Sub-Contractor, the value of such work or articles for the work to be supplied by a Nominated Supplier, the value of such work or articles shall be treated as a P.C. Sum and profit and attendance comparable to that contained in the priced Bills of Quantities for similar items added. Total carried to collections GP / 13
- 105. ITEM DESCRIPTION AMNT A PRIME COST (OR P.C.) SUMS. The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of Quantities shall have the meaning stated in Section A item A7 (ii) of the Standard Method of Measurement . Persons or firms nominated by the PROJECT MANAGER to execute work or to provide and fix materials or goods are described herein as Nominated Sub- Contractors.Persons or firms so nominated to supply goods or materials are described herein as Nominated Suppliers. B ADJUSTMENT OF P.C. SUMS. In the final account all P.C. Sums shall be deducted and the amount properly expended upon the PROJECT MANAGER'S order in respect of each of them added to the Contract sum. The Contractor shall produce to the PROJECT MANAGER such quotations, invoices or bills, properly receipted, as may be necessary to show the actual details of the sums paid by the Contractor. Items of profit upon P.C. Sums shall be adjusted in the final account pro-rata to the amount paid. Items of "attendance" (as previously described) following P.C. Sums shall be adjusted pro-rata to the physical extent of the work executed (not pro- rata to the amount paid) and this shall apply even though the Contractor's priced Bill shows a percentage in the rate column in respect of them. Should the Contractor be permitted to tender and his tender be accepted of any work for which a P.C. Sum is included in these Bill of Quantities profit and attendance will be allowed at the same rate as it would be if the work were executed by a Nominated Sub-Contractor. C NOMINATED SUB-CONTRACTORS When any work is ordered by the PROJECT MANAGER to be executed by nominated sub-contractors, the Contractor shall enter into sub- contracts and shall thereafter be responsible for such sub-contractors in every respect. Unless otherwise described the Contractor is to provide for such Sub-Contractors any or all of the facilities described in these Preliminaries. The Contractor should price for these with the nominated Sub-contract Contractor's work concerned in the P.C. Sums under the description "add for Attendance". Total carried to collections GP / 14
- 106. ITEM DESCRIPTION AMNT A DIRECT CONTRACTS Notwithstanding the foregoing conditions, the Government reserves the right to place a "Direct Contract" for any goods or services required in the works which are covered by a P.C. Sum in the Bills of Quantities and to pay for the same direct. In any such instances, profit relative to the P.C. Sum the priced Bills of Quantities will be adjusted as described for P.C. Sums and allowed. B ATTENDANCE UPON OTHER TRADESMEN, ETC. The Contractor shall allow for the attendance of trade upon trade and shall afford any tradesmen or other persons employed for the execution of any work not included in this Contract every facility for carrying out their work and also for use of his ordinary scaffolding. The Contractor, however, shall not be required to erect any special scaffolding for them. The Contractor shall perform such cutting away for and making good after the work of such tradesmen or persons as may be ordered by the PROJECT MANAGER and the work will be measured and paid for to the extent executed at rates provided in these Bills. C OFFICE ETC. FOR THE PROJECT MANAGER The Contractor shall provide, erect and maintain where directed on site and afterwards dismantle the site office of the type noted in the Particular Preliminaries, complete with Furniture. He shall also provide a strong metal trunk complete with strong hasp and staple fastening and two keys. He shall provide, erect and maintain a lock-up type water or bucket closet for the sole use of the PROJECT MANAGER including making temporary connections to the drain where applicable to the satisfaction of Government and Medical Officer of Health and shall provide services of cleaner and pay all conservancy charges and keep both office and closet in a clean and sanitary condition from commencement to the completion of the works and dismantle and make good disturbed surfaces. The office and closet shall be completed before the Contractor is permitted to commence the works. The Contractor shall make available on the Site as and when required by the "PROJECT MANAGER" a modern and accurate level together with levelling staff, ranging rods and 50 metre metallic or linen tape. Total carried to collections GP / 15
- 107. ITEM DESCRIPTION AMNT A WATER AND ELECTRICITY SUPPLY FOR THE WORKS The Contractor shall provide at his own risk and cost all necessary water, electric light and power required for use in the works. The Contractor must make his own arrangements for connection to the nearest suitable water main and for metering the water used. He must also provide temporary tanks and meters as required at his own cost and clear away when no longer required and make good on completion to the entire satisfaction of the PROJECT MANAGER . The Contractor shall pay all charges in connection herewith. No guarantee is given or implied that sufficient water will be available from mains and the Contractor must make his own arrangements for augmenting this supply at his own cost. Nominated Sub--contractors are to be made liable for the cost of any water or electric current used and for any installation provided especially for their own use. B SANITATION OF THE WORKS The Sanitation of the works shall be arranged and maintained by the Contractor to the satisfaction of the Government and/or Local Authorities, Labour Department and the PROJECT MANAGER C SUPERVISION AND WORKING HOURS The works shall be executed under the direction and to the entire satisfaction in all respects of the PROJECT MANAGER who shall at all times during normal working hours have access to the works and to the yards and workshops of the Contractor and sub-Contractors or other places where work is being prepared for the contract. D PROTECTION OF THE WORKS. Provide protection of the whole of the works contained in the Bills of Quantities,including casing , casing up, covering or such other means as may be necessary to avoid damage to the satisfaction of the PROJECT MANAGER and remove such protection when no longer required and make good any damage which may nevertheless have been done at completion free of cost to the Government. Total carried to collections GP / 16
- 108. ITEM DESCRIPTION AMNT A WORKS TO BE DELIVERED UP CLEAN Clean and flush all gutters, rainwater and waste pipes, manholes and drains, wash (except where such treatment might cause damage) and clean all floors, sanitary fittings, glass inside and outside and any other parts of the works and remove all marks, blemishes, stains and defects from joinery, fittings and decorated surfaces generally, polish door furniture and bright parts of metalwork and leave the whole of the buildings watertight, clean, perfect and fit for occupation to the approval of the PROJECT MANAGER B GENERAL SPECIFICATION. For the full description of materials and workmanship, method of execution of the work and notes for pricing, the Contractor is referred to the Ministry of Roads and Public Works and Housing General Specification dated 1976 or any subsequent revision thereof which is issued as a separate document, and which shall be allowed in all respects unless it conflicts with the General Preliminaries, Trade Preambles or other items in these Bills of Quantities. C TRAINING LEVY The Contractor's attention is drawn to legal notice No. 237 of October, 1971, which requires payment by the Contractor of a Training Levy at the rate of 1/4 % of the Contract sum on all contracts of more than Kshs. 50,000.00 in value. D MATERIALS ON SITE All materials for incorporation in the works must be stored on or adjacent to the site before payment is effected unless specifically exempted by the PROJECT MANAGER. This includes the materials of the Main Contractor, Nominated Sub-Contractors and Nominated Suppliers. Total carried to collections GP / 17
- 109. ITEM DESCRIPTION AMNT A HOARDING The Contractor shall enclose the site or part of the works under construction with a hoarding 2400 mm high consisting of iron sheets on 100 x 50 mm timber posts firmly secured at 1800 mm centers with two 75 x 50 mm timber rails for a total length of approximately three hundred meters. The Contractor is in addition required to take all precautions necessary for the safe custody of the works, materials, plant, public and Employer's property on the site. B ALTERATIONS TO BILLS, PRICING, ETC. Any unauthorized alteration or qualification made to the text of the Bills of Quantities may cause the Tender to be disqualified and will in any case be ignored. The Contractor shall be deemed to have made allowance in his prices generally to cover any items against which no price has been inserted in the priced Bills of Quantities. All items of measured work shall be priced in detail and the Tenders containing Lump Sums to cover trades or groups of work must be broken down to show the price of each item before they will be accepted. C MATERIALS ARISING FROM EXCAVATIONS Materials of any kind obtained from the excavations shall be the property of the Government. Unless otherwise provided for in the particular preliminaries. Such materials shall only be used in the works, in substitution of materials which the Contractor would otherwise have had to supply with the written permission of the PROJECT MANAGER Should such permission be given, the Contractor shall make due allowance for the value of the materials so used at a price to be agreed. D PREVENTION OF ACCIDENT, DAMAGE OR LOSS The Contractor is notified that these works are to be carried out on a restricted site where the client is going on with other normal activities. The Contractor is instructed to take reasonable care in the execution of the works as to prevent accidents, damage or loss and disruption of normal activities being carried out by the Client. The Contractor shall allow in his rates any expense he deems necessary by taking such care within the site. Total carried to collections GP / 18
- 110. ITEM DESCRIPTION AMNT A GOVERNMENT ACTS REGARDING WORKPEOPLE ETC. Allow for complying with all Government Acts, Orders and Regulations in connection with the employment of Labour and other matters related to the execution of the works. In particular, the Contractor's attention is drawn to the provisions of the Factory Act 1950 and his tender must include for all costs arising or resulting from compliance with any Act, Order or Regulation relating to Insurances, pensions and holidays for workpeople or so the safety, health and welfare of the workpeople. The Contractor must make himself fully acquainted with current Acts and Regulations, including Police Regulations regarding the movement, housing, security and control of labour, labour camps , passes for transport, etc. It is most important that the Contractor, before tendering, shall obtain from the relevant Authority the fullest information regarding all such regulations and/or restrictions which may affect the information regarding all such regulations and/or restrictions which may affect the organization of the works, supply and control of labour, etc., and allow accordingly in his tender. No claim in respect of want of knowledge in this connection will be entertained. B REMOVAL OF RUBBISH ETC. Removal of rubbish and debris from the Buildings and site as it accumulates and at the completion of the works and remove all plant, scaffolding and unused materials at completion. C BLASTING OPERATIONS Blasting will only be allowed with the express permission of the PROJECT MANAGER in writing. All blasting operations shall be carried out at the Contractor's sole risk and cost in accordance with any Government regulations in force for the time being, and any special regulations laid down by the PROJECT MANAGER governing the use and storage of explosives. D SIGNBOARD Allow for providing, erecting, maintaining throughout the course of the Contract and afterwards clearing away a signboard as designed, specified and approved by the Project Manager. Total carried to collections GP /
- 111. ITEM DESCRIPTION AMNT COLLECTION Brought Forward From Page GP/2 Brought Forward From Page GP/3 Brought Forward From Page GP/4 Brought Forward From Page GP/5 Brought Forward From Page GP/6 Brought Forward From Page GP/7 Brought Forward From Page GP/8 Brought Forward From Page GP/9 Brought Forward From Page GP/10 Brought Forward From Page GP/11 Brought Forward From Page GP/12 Brought Forward From Page GP/13 Brought Forward From Page GP/14 Brought Forward From Page GP/15 Brought Forward From Page GP/16 Brought Forward From Page GP/17 Brought Forward From Page GP/18 Brought Forward From Page GP/19 Total Carried to Main Summary GP / 20
- 113. The National Government Constituencies Development Fund (NG-CDF) EMBAKASI CENTRAL NG-CDF PROPOSED BOUNDARY WALL TO KAYOLE POLICE STATION-520m LONG. 284/2630204/002/2020/2021 PROJECT MANAGER THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY P.O. BOX 300175 NAIROBI EMPLOYER/DEVELOPER EMBAKASI CENTRAL NG-CDF P.O. BOX 871-00518 NAIROBI Issued by:- Quantities and Contracts Department Nairobi County P.O. Box 300175-00100 NAIROBI. MAY, 2021
- 114. i BW/1 - BW/33 TABLE OF CONTENTS ABLE OF CONTENTS PAGE CONTENTS PAGE i SECTION I: INVITATION TO TENDER 2 SECTION II: INSTRUCTIONS TO TENDERERS 5 SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS 17 SECTION IV: CONDITIONS OF CONTRACT 19 SECTION V: APPENDIX TO CONDITIONS OF CONTRACT 41 SECTION VI: SPECIFICATIONS 45 SECTION VII: DRAWINGS 58 SECTION VIII: STANDARD FORMS 60 SECTION IX: BILLS OF QUANTITIES 80 a) PARTICULAR PRELIMINARIES PP/1- PP/10 b) GENERAL PRELIMINARIES GP/1-GP/20 c) BUILDER’S WORKS d) PC’S AND PROVISIONAL SUMS PS/1 - PS/3 e) GRAND SUMMARY GS/2 ANNEXES
- 115. 1 SECTION I - INVITATION FOR TENDER
- 116. 3 SECTION I -INVITATION FOR TENDERS Tender Reference No.: 284/2630204/002/2020/2021 Tender Name: Proposed Boundary Wall To Komarock Primary School-520m Long. 1.1 The Embakasi Central Ng.cdf invites sealed tenders for the construction of the Proposed Boundary Wall To Komarock Primary School-520m Long.. 1.2 Contractors willing to bid must be registered with the National Construction Authority in class NCA 6 . 1.3 Interested eligible candidates may obtain further information and inspect tender documents at the Embakasi Central Ng.cdf P.O BOX 871-00518, NAIROBI located on Komarock Primary School , on week days, during normal working hours (8.00AM- 1.00PM and 2.00PM - 5.00PM local time) 1.4 A complete set of tender documents may be downloaded by interested candidates for free from website:www.tenders.go.ke 1.5 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings and shall remain valid for 120 days from the closing date of tender. 1.6 Completed tender documents are to be enclosed in plain sealed envelopes marked with the specific tender name and reference number and deposited in the Tender Box located at Embakasi Central Ng.cdf flooror to be addressed to The Fund Account Manager P.O. Box 871-00518, NAIROBI so as to be received on or before 10.00 AM, local time on 18th June, 2021. Late bids will be rejected. The bids must be accompanied by a security/Bid Bond of 2 percent of submitted bid addressed and bound to the Procuring Entity, that is in the required format, amount, from a reputable bank or insurance company approved by public procurement Regulatory Authority and that is valid for 150 days from the date of tender opening; 1.7 Bidders shall submit an original and one copy of the tender document. 1.8 Tenders shall be opened on 22nd June 2021 in the presence of the candidates or their representatives who choose to attend at EMBAKASI CENTRAL NG-CDF Boardroom.
- 117. 4 SECTION II - INSTRUCTIONS TO TENDERERS
- 118. 5 SECTION II - INSTRUCTIONS TO TENDERERS TABLE OF CONTENTS PAGE CLAUSE PAGE 1. General …………………………………………………. 5 2. Tender Documents ………………………………… 7 3. Preparation of Tenders ………………………………… 8 4. Submission of Tenders ………………………………… 10 5. Tender Opening and Evaluation ……………………… 11 6. Award of Contract ………………………………………… 13
- 119. 6 INSTRUCTIONS TO TENDERERS. 1. General/Eligibility/Qualifications/Joint venture/Cost of tendering 1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for Works Contract as described in the tender documents. The successful tenderer will be expected to complete the Works by the Intended Completion Date specified in the tender documents. 1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or has not been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the project or being proposed as Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the Works, and any of its affiliates, shall not be eligible to tender. 1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a preliminary description of the proposed work method and schedule,drawings and charts, as necessary. 1.4 In the event that pre-qualification of potential tenderers has been undertaken, only tenders from pre-qualified tenderers will be considered for award of Contract. These qualified tenderers should submit with their tenders any information updating their original pre-qualification applications or, alternatively, confirm in their tenders that the originally submitted pre-qualification information remains essentially correct as of the date of tender submission. 1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall include the following information and documents with their tenders, unless otherwise stated: (a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the tender to commit the tenderer: (b) total monetary value of construction work performed for each of the last five years: (c) experience in works of a similar nature and size for each of the last five years, and details of work under way or contractually committed; and names and addresses of clients who may be contacted for further information on these contracts; (d) major items of construction equipment proposed to carry out the Contract and an undertaking that they will be available for the Contract. (e) Qualifications and experience of key site management and technical personnel proposed for the Contract and an undertaking that they shall be available for the Contract.
- 120. 7 (f) reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s reports for the past five years; (g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources); (h) authority to seek references from the tenderer’s bankers; (i) information regarding any litigation, current or during the last five years, in which the tenderer is involved, the parties concerned and disputed amount; and (j) Proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price. 1.6 Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements, unless otherwise stated: (a) the tender shall include all the information listed in clause 1.5 above for each joint venture partner; (b) the tender shall be signed so as to be legally binding on all partners; (c) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; (d) one of the partners will be nominated as being in charge, authorized to incur liabilities, and receive instructions for and on behalf of all partners of the joint venture; and (e) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge. 1.7 To qualify for award of the Contract, tenderers shall meet the following minimum qualifying criteria; (a) annual volume of construction work of at least 2.5 times the estimated annual cashflow for the Contract; (b) experience as main contractor in the construction of at least two works of a nature and complexity equivalent to the Works over the last 10 years (to comply with this requirement, works cited should be at least 70 percent complete); (c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed as required for the Works; (d) a Contract manager with at least five years’ experience in works of an equivalent nature and volume, including no less than three years as Manager; and
- 121. 8 (e) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than 4 months of the estimated payment flow under this Contract. 1.8 The figures for each of the partners of a joint venture shall be added together to determine the tenderer’s compliance with the minimum qualifying criteria of clause 1.7 (a) and (e); however, for a joint venture to qualify, each of its partners must meet at least 25 percent of minimum criteria 1.7 (a), (b) and (e) for an individual tenderer, and the partner in charge at least 40 percent of those minimum criteria. Failure to comply with this requirement will result in rejection of the joint venture’s tender. Subcontractors’ experience and resources will not be taken into account in determining the tenderer’s compliance with the qualifying criteria, unless otherwise stated. 1.9 Each tenderer shall submit only one tender, either individually or as a partner in a joint venture. A tenderer who submits or participates in more than one tender (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the tenderer’s participation to be disqualified. 1.10 The tenderer shall bear all costs associated with the preparation and submission of his tender, and the Employer will in no case be responsible or liable for those costs. 1.11 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and examine the Site of the Works and its surroundings, and obtain all information that may be necessary for preparing the tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the tenderer’s own expense. 1.12 The procuring entity’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender. 1.13 The price to be changed for the tender document shall not exceed Kshs.5,000/= 1.14 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase. 2. Tender Documents 2.1 The complete set of tender documents comprises the documents listed below and any addenda issued in accordance with Clause 2.4. (a) These Instructions to Tenderers (b) Form of Tender and Qualification Information (c) Conditions of Contract (d) Appendix to Conditions of Contract (e) Specifications (f) Drawings (g) Bills of Quantities (h) Forms of Securities 2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in the tender documents. Failure to furnish all information required by the tender
- 122. 9 documents, or submission of a tender not substantially responsive to the tendering documents in every respect will be at the tenderer’s risk and may result in rejection of his tender. 2.3 A prospective tenderer making an inquiry relating to the tender documents may notify the Employer in writing or by cable, telex or facsimile at the address indicated in the letter of invitation to tender. The Employer will only respond to requests for clarification received earlier than seven days prior to the deadline for submission of tenders. Copies of the Employer’s response will be forwarded to all persons issued with tendering documents, including a description of the inquiry, but without identifying its source. 2.4 Before the deadline for submission of tenders, the Employer may modify the tendering documents by issuing addenda.Any addendum thus issued shall be part of the tendering documents and shall be communicated in writing or by cable, telex or facsimile to all tenderers. Prospective tenderers shall acknowledge receipt of each addendum in writing to the Employer. 7 2.5 To give prospective tenderers reasonable time in which to take an addendum into account in preparing their tenders, the Employer shall extend, as necessary, the deadline for submission of tenders, in accordance with Clause 4.2 here below. 3. Preparation of Tenders 3.1 All documents relating to the tender and any correspondence shall be in English language. 3.2 The tender submitted by the tenderer shall comprise the following: (a) These Instructions to Tenderers, Form of Tender, Conditions of Contract, Appendix to Conditions of Contract and Specifications; (b) Tender Security; (c) Priced Bill of Quantities ; (d) Qualification Information Form and Documents; (e) Alternative offers where invited; and (f) Any other materials required to be completed and submitted by the tenderers. 3.3 The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the tenderer will not be paid for when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause relevant to the Contract, as of 30 days prior to the deadline for submission of tenders, shall be included in the tender price submitted by the tenderer.
- 123. 10 3.4 The rates and prices quoted by the tenderer shall only be subject to adjustment during the performance of the Contract if provided for in the Appendix to Conditions of Contract and provisions made in the Conditions of Contract. 3.5 The unit rates and prices shall be in Kenya Shillings. 3.6 Tenders shall remain valid for a period of sixty (60) days from the date of submission. However in exceptional circumstances, the Employer may request that the tenderers extend the period of validity for a specified additional period. The request and the tenderers’ responses shall be made in writing. A tenderer may refuse the request without forfeiting the Tender Security. A tenderer agreeing to the request will not be required or permitted to otherwise modify the tender, but will be required to extend the validity of Tender Security for the period of the extension, and in compliance with Clause 3.7 - 3.11 in all respects. 3.7 The tenderer shall furnish, as part of the tender, a Tender Security in the amount and form specified in the appendix to invitation to tenderers. This shall be in the amount not exceeding 2 percent of the tender price 3.8 The format of the Tender Security should be in accordance with the form of Tender Security included in Section G - Standard forms or any other form acceptable to the Employer Tender Security shall be valid for 30 days beyond the validity of the tender. 3.9 Any tender not accompanied by an acceptable Tender Security shall be rejected. The Tender Security of a joint venture must define as “Tenderer” all joint venture partners and list them in the following manner: a joint venture consisting of”…………”,”…………”,and “…………”. 3.10 The Tender Securities of unsuccessful tenderers will be returned within 28 days of the end of the tender validity period specified in Clause 3.6. 3.11 The Tender Security of the successful tenderer will be discharged when the tenderer has signed the Contract Agreement and furnished the required Performance Security. 3.12 The Tender Security may be forfeited (a) if the tenderer withdraws the tender after tender opening during the period of tender validity; (b) if the tenderer does not accept the correction of the tender price, pursuant to Clause 5.7; (c) in the case of a successful tenderer, if the tenderer fails within the specified time limit to; (i) sign the Agreement, or (ii) Furnish the required Performance Security.
- 124. 11 3.13 Tenderers shall submit offers that comply with the requirements of the tendering documents, including the basic technical design as indicated in the Drawings and Specifications. Alternatives will not be considered, unless specifically allowed in the invitation to tender. If so allowed, tenderers wishing to offer technical alternatives to the requirements of the tendering documents must also submit a tender that complies with the requirements of the tendering documents, including the basic technical design as indicated in the Drawings and Specifications. In addition to submitting the basic tender, the tenderer shall provide all information necessary for a complete evaluation of the alternative, including design calculations, technical specifications, breakdown of prices, proposed construction methods and other relevant details. Only the technical alternatives, if any, of the lowest evaluated tender conforming to the basic technical requirements shall be considered. 3.14 The tenderer shall prepare one original of the documents comprising the tender documents as described in Clause 3.2 of these Instructions to Tenderers, bound with the volume containing the Form of Tender, and clearly marked “ORIGINAL”. In addition, the tenderer shall submit copies of the tender, in the number specified in the invitation to tender, and clearly marked as “COPIES”. In the event of discrepancy between them, the original shall prevail. 3.15 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to sign on behalf of the tenderer, pursuant to Clause 1.5 (a) or 1.6 (b), as the case may be. All pages of the tender where alterations or additions have been made shall be initialled by the person or persons signing the tender. 3.16 Clarification of tenders shall be requested by the tenderer to be received by the procuring entity not later than 7 days prior to the deadline for submission of tenders. 3.17 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender. 3.18 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price. 4. Submission of Tenders 4.1 The tenderer shall seal the original and all copies of the tender in two inner envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES” as appropriate. The inner and outer envelopes shall: (a) be addressed to the Employer at the address provided in the invitation to tender; (b) bear the name and identification number of the Contract as defined in the invitation to tender; and (c) provide a warning not to open before the specified time and date for tender opening.
- 125. 12 4.2 Tenders shall be delivered to the Employer at the address specified above not later than the time and date specified in the invitation to tender. However, the Employer may extend the deadline for submission of tenders by issuing an amendment in accordance with Sub-Clause 2.5 in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline will then be subject to the new deadline. 4.3 Any tender received after the deadline prescribed in clause 4.2 will be returned to the tenderer un-opened. 4.4 Tenderers may modify or withdraw their tenders by giving notice in writing before the deadline prescribed in clause 4.2. Each tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with clause 3.13 and 4.1, with the outer and inner envelopes additionally marked “MODIFICATION”and “WITHDRAWAL”, as appropriate. No tender may be modified after the deadline for submission of tenders. 4.5 Withdrawal of a tender between the deadline for submission of tenders and the expiration of the period of tender validity specified in the invitation to tender or as extended pursuant to Clause 3.6 may result in the forfeiture of the Tender Security pursuant to Clause 3.11. 4.6 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders by submitting tender modifications in accordance with Clause 4.4 or be included in the original tender submission. 5. Tender Opening and Evaluation 5.1 The tenders will be opened by the Employer, including modifications made pursuant to Clause 4.4, in the presence of the tenderers’ representatives who choose to attend at the time and in the place specified in the invitation to tender. Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenderers’ and Employer’s representatives who are present during the opening shall sign a register evidencing their attendance. 5.2 The tenderers’ names, the tender prices, the total amount of each tender and of any alternative tender (if alternatives have been requested or permitted), any discounts, tender modifications and withdrawals, the presence or absence of Tender Security, and such other details as may be considered appropriate, will be announced by the Employer at the opening. Minutes of the tender opening, including the information disclosed to those present will be prepared by the Employer. 5.3 Information relating to the examination, clarification, evaluation, and comparison of tenders and recommendations for the award of Contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the award to the successful tenderer has been announced. Any effort by a tenderer to influence the Employer’s officials, processing of tenders or award decisions may result in the rejection of his tender. 5.4 To assist in the examination, evaluation, and comparison of tenders, the Employer at his discretion, may ask any tenderer for clarification of the tender, including
- 126. 13 breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, telex or facsimile but no change in the price or substance of the tender shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered in the evaluation of the tenders in accordance with Clause 5.7. 5.5 Prior to the detailed evaluation of tenders, the Employer will determine whether each tender (a) meets the eligibility criteria defined in Clause 1.7;(b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the tendering documents. A substantially responsive tender is one which conforms to all the terms, conditions and specifications of the tendering documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the works; (b) which limits in any substantial way, inconsistent with the tendering documents, the Employer’s rights or the tenderer’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other tenderers presenting substantially responsive tenders. 5.6 If a tender is not substantially responsive, it will be rejected, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 5.7 Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows: (a) where there is a discrepancy between the amount in figures and the amount in words, the amount in words will prevail; and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employer, there is an obvious typographical error, in which case the adjustment will be made to the entry containing that error. (c) In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Bill of Quantities, the amount as stated in the Form of Tender shall prevail. (d) The Error Correction Factor shall be computed by expressing the difference between the tender amount and the corrected tender sum as a percentage of the corrected Builder’s Work (i.e. Corrected tender sum less P.C. and Provisional Sums) (e) The Error Correction Factor shall be applied to all Builder’s Work (as a rebate or addition as the case may be) for the purposes of valuations for Interim Certificates and valuation of variations. (f) the amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not
- 127. 14 accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 3.11. 5.8 The Employer will evaluate and compare only the tenders determined to be substantially responsive in accordance with Clause 5.5. 5.9 In evaluating the tenders, the Employer will determine for each tender the evaluated tender price by adjusting the tender price as follows: (a) making any correction for errors pursuant to clause 5.7; (b) excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities, but including Dayworks where priced competitively. (c) making an appropriate adjustment for any other acceptable variations, deviations, or alternative offers submitted in accordance with clause 3.12; and (d) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with clause 4.6 5.10 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in tender evaluation. 5.11 The tenderer shall not influence the Employer on any matter relating to his tender from the time of the tender opening to the time the Contract is awarded. Any effort by the Tenderer to influence the Employer or his employees in his decision on tender evaluation, tender comparison or Contract award may result in the rejection of the tender. 5.12 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias provided that they do not sub- contract work valued at more than 50% of the Contract Price excluding Provisional Sums to an non-indigenous sub-contractor. 6. Award of Contract 6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer whose tender has been determined to be substantially responsive to the tendering documents and who has offered the lowest evaluated tender price, provided that such tenderer has been determined to be (a) eligible in accordance with the provision of Clauses 1.2, and (b) qualified in accordance with the provisions of clause 1.7 and 1.8. 6.2 Notwithstanding clause 6.1 above, the Employer reserves the right to accept or reject any tender, and to cancel the tendering process and reject all tenders, at any time prior to the award of Contract, without thereby incurring any liability to the
- 128. 15 affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the action. 6.3 The tenderer whose tender has been accepted will be notified of the award prior to expiration of the tender validity period in writing or by cable, telex or facsimile. This notification (hereinafter and in all Contract documents called the “Letter of Acceptance”) will state the sum (hereinafter and in all Contract documents called the “Contract Price”)that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract. At the same time the other tenderers shall be informed that their tenders have not been successful. The contract shall be formed on the parties signing the contract. 6.4 The Agreement will incorporate all agreements between the Employer and the successful tenderer. Within 14 days of receipt the successful tenderer will sign the Agreement and return it to the Employer. 6.5 Within 21 days after receipt of the Letter of Acceptance, the successful tenderer shall deliver to the Employer a Performance Security in the amount stipulated in the Appendix to Conditions of Contract and in the form stipulated in the Tender documents. The Performance Security shall be in the amount and specified form 6.6 Failure of the successful tenderer to comply with the requirements of clause 6.5 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Tender Security. 6.7 Upon the furnishing by the successful tenderer of the Performance Security, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful. 6.8 Preference where allowed in the evaluation of tenders shall not be allowed for contracts not exceeding one year (12 months) 6.9 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. 6.10 The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request. 6.11 Contract price variations shall not be allowed for contracts not exceeding one year (12 months) 6.12 Where contract price variation is allowed, the valuation shall not exceed 15% of the original contract price. 6.13 Price variation request shall be processed by the procuring entity within 30 days of receiving the request. 6.14 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.
- 129. 16 6.15 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer. 6.16 A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement. 7. Corrupt and Fraudulent practices 7.1 The procuring entity requires that tenderers observe the highest standards of ethics during procurement process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be involved in corrupt and fraudulent practices.
- 130. 17 SECTION III - APPENDIX TO INSTRUCTIONS TO TENDERERS
- 131. 18 SECTION III - APPENDIX TO INSTRUCTIONS TO TENDERERS The following appendix to instructions to tenderers shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers. CLAUSE 1.5: a) For the requirement of this clause; add the following: i. Be registered with National Construction Authority, Category 6 and above (Evidence of current registration is required); ii. Submit Valid Tax Compliance Certificate; c) For the requirement of this clause; i. Omit the words “each of” appearing before ‘the last five years’ ii. Attach copies of practical completion certificates for similar works undertaken in the last five years d) Delete the word ‘Major’ and substitute with the word ‘Relevant’ Key equipment required to carry out the works include: - Concrete mixers, Concrete hoists, steel scaffolding, steel formwork, Tippers, Lorries, Pick-ups, excavators, mechanical compactors. 1.7: Add the following after the words ‘qualifying criteria;’ (attach the relevant supporting documents as evidence) e) Delete the figure ‘4’ and substitute with figure ‘2’ Introduce the following: - f) The following tenders shall also be considered non-responsive: - • Incomplete and/or unsigned form of tender; • A partially filled or incomplete confidential business questionnaire; • Front loaded and unbalanced tender • Any bid outside ± 10% of the Engineer’s Estimate g) Tenderers who fail to attend the mandatory pre-tender site visit shall also be considered non-responsive. Attendance register shall be signed on the material date. 3.2 For the requirement of this clause; add the following g) Appendix to the Instruction to Bidders.
- 132. 19 3.6: Amend the first sentence to read as follows: ‘Tenders shall remain valid for a period of 120 days from the date of submission’ 3.7 & 3.18: Tender Security Amount of Tender Security is: 2 percent of tender sum. Form: Guarantee from a Bank or an Insurance Company approved by Public Procurement Oversight Authority (PPOA). 3.16: For purposes only, the Employer’s address is: Attention: Fund Account Manager Address: P.O. Box 871-00518 NAIROBI Telephone: +254- 715-070030 Electronic mail address: [email protected]
- 133. 20 SECTION IV - CONDITIONS OF CONTRACT
- 134. 21 SECTION IV- CONDITIONS OF CONTRACT TABLE OF CONTENTS PAGE 1 Definitions ………………………………………………… 22 2 Interpretation……………………………………………… 23 3 Language and Law …………………………………………24 4 Project Manager’s Decisions……………………………… 24 5 Delegation………………………………………………… 25 6 Communications ………………………………………… 25 7 Sub-Contracting ………………………………………… 25 8 Other Contractors ……………………………………… 25 9 Personnel ………………………………………………… 25 10 Works……………………………………………………… 25 11 Safety and temporary works ……………………………… 25 12 Discoveries …………………………………………………26 13 Work Programme ………………………………………… 26 14 Possession of site ………………………………………… 26 15 Access to site …………………………………………… 26 16 Instructions ……………………………………………… 27 17 Extension or Acceleration of completion date ………… 27 18 Management Meetings ………………………………… 27 19 Early Warning …………………………………………… 27 20 Defects …………………………………………………… 27 21 Bills of Quantities ………………………………………… 28 22 Variations ………………………………………………… 28 23 Payment certificates, currency of payments and Advance Payments ……………………………………… 29 24 Compensation events …………………………………… 31 25 Price Adjustment ………………………………………… 32 26 Retention ………………………………………………… 33 27 Liquidated Damages……………………………………… 34 28 Securities ………………………………………………… 34 29 Day Works ……………………………………………… 34 30 Liability and Insurance …………………………………… 34
- 135. 22 31 Completion and taking over ……………………………… 35 32 Final Account …………………………………………… 36 33 Termination ……………………………………………… 36 34 Payment upon termination …………………………………37 35 Release from performance ………………………………… 37 36 Corrupt gifts and payments of commission …………………38 37 Settlement of Disputes ………………………………………38
- 136. 23 CONDITIONS OF CONTRACT 1. Definitions 1.1 In this Contract, except where context otherwise requires, the following terms shall be interpreted as indicated; “Bill of Quantities” means the priced and completed Bill of Quantities forming part of the tender. “Compensation Events” are those defined in Clause 24 hereunder. “The Completion Date” means the date of completion of the Works as certified by the Project Manager, in accordance with Clause 31. “The Contract” means the agreement entered into between the Employer and the Contractor as recorded in the Agreement Form and signed by the parties including all attachments and appendices thereto and all documents incorporated by reference therein to execute, complete, and maintain the Works, “The Contractor” refers to the person or corporate body whose tender to carry out the Works has been accepted by the Employer. “The Ccontractor’s Tender “is the completed tendering document submitted by the Contractor to the Employer. “The Contract Price” is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. “Days” are calendar days; “Months” are calendar months. “A Defect” is any part of the Works not completed in accordance with the Contract. “The Defects Liability Certificate” is the certificate issued by Project Manager upon correction of defects by the Contractor. “The Defects Liability Period” is the period named in the Contract Data and calculated from the Completion Date. “Drawings” include calculations and other information provided or approved by the Project Manager for the execution of the Contract. “Day works” are Work inputs subject to payment on a time basis for labour and the associated materials and plant. “Employer”, or the “Procuring entity” as defined in the Public Procurement Regulations (i.e. Central or Local Government administration, Universities, Public Institutions and Corporations, etc) is the party who employs the Contractor to carry out the Works.
- 137. 24 “Equipment” is the Contractor’s machinery and vehicles brought temporarily to the Site for the execution of the Works. “The Intended Completion Date” is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order. “Materials” are all supplies, including consumables, used by the Contractor for incorporation in the Works. “Plant” is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function. “Project Manager” is the person named in the Appendix to Conditions of Contract (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract and shall be an “Architect” or a “Quantity Surveyor” registered under the Architects and Quantity Surveyors Act Cap 525 or an “Engineer” registered under Engineers Registration Act Cap 530. “Site” is the area defined as such in the Appendix to Condition of Contract. “Site Investigation Reports” are those reports that may be included in the tendering documents which are factual and interpretative about the surface and subsurface conditions at the Site. “Specifications” means the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager. “Start Date” is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with the Site possession date(s). “A S subcontractor” is a person or corporate body who has a Contract with the Contractor to carry out a part of the Work in the Contract, which includes Work on the Site. “Temporary works” are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works. “A Variation” is an instruction given by the Project Manager which varies the Works. “The Works” are what the Contract requires the Contractor to construct, install, and turnover to the Employer, as defined in the Appendix to Conditions of Contract. 2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning in English Language unless specifically defined.
- 138. 25 The P r o j e c t Manager will provide instructions clarifying queries about these Conditions of Contract. 2.2 If sectional completion is specified in the Appendix to Conditions of Contract, reference in the Conditions of Contract to the Works, the Completion Date and the Intended Completion Date apply to any section of the Works (other than references to the Intended Completion Date for the whole of the Works). 2.3 The following documents shall constitute the Contract documents and shall be interpreted in the following order of priority; (1) Agreement, (2) Letter of Acceptance, (3) Contractor’s Tender, (4) Appendix to Conditions of Contract, (5) Conditions of Contract, (6) Specifications, (7) Drawings, (8) Bill of Quantities, (9) Any other documents listed in the Appendix to Conditions of Contract as forming part of the Contract. Immediately after the execution of the Contract, the Project Manager shall furnish both the Employer and the Contractor with two copies each of all the Contract documents. Further, as and when necessary the Project Manager shall furnish the Contractor [always with a copy to the Employer] with three [3] copies of such further drawings or details or descriptive schedules as are reasonably necessary either to explain or amplify the Contract drawings or to enable the Contractor to carry out and complete the Works in accordance with these Conditions. 3. Language and Law 3.1 Language of the Contract and the law governing the Contract shall be English language and the Laws of Kenya respectively unless otherwise stated. 4 Project Manager’s Decisions
- 139. 26 4.1 Except where otherwise specifically stated, the Project Manager will decide contractual matters between the Employer and the Contractor in the role representing the Employer.
- 140. 27 5 Delegation 5.1 The Project Manager may delegate any of his duties and responsibilities to others after notifying the Contractor. 6 Communications 6.1 Communication between parties shall be effective only when in writing. A notice shall be effective only when it is delivered. 7 Subcontracting 7.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations. 8 Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities etc. as listed in the Appendix to Conditions of Contract and also with the Employer, as per the directions of the Project Manager. The Contractor shall also provide facilities and services for them. The Employer may modify the said List of Other Contractors etc., and shall notify the Contractor of any such modification. 9 Personnel 9.1 The C o n t r a c t o r shall employ the key personnel named in the Qualification Information, to carry out the functions stated in the said Information or other personnel approved by the Project Manager. The Project Manager will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are substantially equal to or better than those of the personnel listed in the Qualification Information. If the Project Manager asks the Contractor to remove a person who is a member of the Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the Work in the Contract. 10 Works 10.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings. The Works may commence on the Start Date and shall be carried out in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them bythe Intended Completion Date. 11 Safety and Temporary Works 11.1 The Contractor shall be responsible for the design of temporary works. However before erecting the same, he shall submit his designs including specifications and drawings to the Project Manager and to any other relevant third parties for their
- 141. 28 approval. No erection of temporary works shall be done until such approvals are obtained. 11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary works and all drawings prepared by the Contractor for the execution of the temporary or permanent Works, shall be subject to prior approval by the Project Manager before they can be used. 11.3 The Contractor shall be responsible for the safety of all activities on the Site. 12. Discoveries 12.1 Anything o f historical or other interest or of significant value unexpectedly discovered on Site shall be the property of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Project Manager’s instructions for dealing with them. 13. Work Program 13.1 Within the time stated in the Appendix to Conditions of Contract, the Contractor shall submit to the Project Manager for approval a program showing the general methods, arrangements, order, and timing for all the activities in the Works. An update of the program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining Work, including any changes to the sequence of the activities. The Contractor shall submit to the Project Manager for approval an updated program at intervals no longer than the period stated in the Appendix to Conditions of Contract. If the Contractor does not submit an updated program within this period, the Project Manager may withhold the amount stated in the said Appendix from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue program has been submitted. The Project Manager’s approval of the program shall not alter the Contractor’s obligations. The Contractor may revise the program and submit it to the Project Manager again at any time. A revised program shall show the effect of Variations and Compensation Events. 14. Possession of Site 14.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the Appendix to Conditions of Contract, the Employer will be deemed to have delayed the start of the relevant activities, and this will be a Compensation Event. 15. Access to Site 15.1 The Contractor shall allow the Project Manager and any other person authorised by the Project Manager, access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.
- 142. 29 16. Instructions 16.1 The Contractor shall carry out all instructions of the Project Manager which are in accordance with the Contract. 17. Extension or Acceleration of Completion Date 17.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a variation is issued which makes it impossible for completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining Work, which would cause the Contractor to incur additional cost. The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager in writing for a decision upon the effect of a Compensation Event or variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay caused by such failure shall not be considered in assessing the new (extended) Completion Date. 17.2 No bonus for early completion of the Works shall be paid to the Contractor by the Employer. 18. Management Meetings 18.1 A Contract management meeting shall be held monthly and attended by the Project Manager and the Contractor. Its business shall be to review the plans for the remaining Work and to deal with matters raised in accordance with the early warning procedure. The Project Manager shall record the minutes of management meetings and provide copies of the same to those attending the meeting and the Employer. The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting. 19. Early Warning 19.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the Work, increase the Contract Price or delay the execution of the Works. The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible. 19.2 The Contractor shall cooperate with the Project Manager in making and considering proposals on how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the Work and in carrying out any resulting instructions of the Project Manager. 20. Defects
- 143. 30 20.1 The Project Manager shall inspect the Contractor’s work and notify the Contractor of any defects that are found. Such inspection shall not affect the Contractor’s responsibilities. The Project Manager may instruct the Contractor to search for a defect and to uncover and test any Work that the Project Manager considers may have a defect. Should the defect be found, the cost of uncovering and making good shall be borne by the Contractor, However, if there is no defect found, the cost of uncovering and making good shall be treated as a variation and added to the Contract Price. 20.2 The Project Manager shall give notice to the Contractor of any defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the Appendix to Conditions of Contract. The Defects Liability Period shall be extended for as long as defects remain to be corrected. 20.3 Every time notice of a defect is given, the Contractor shall correct the notified defect within the length of time specified by the Project Manager’s notice. If the Contractor has not corrected a defect within the time specified in the Project Manager’s notice, the Project Manager will assess the cost of having the defect corrected by other parties and such cost shall be treated as a variation and be deducted from the Contract Price. 21. Bills of Quantities 21.1 The Bills of Quantities shall contain items for the construction, installation, testing and commissioning of the Work to be done by the Contractor. The Contractor will be paid for the quantity of the Work done at the rate in the Bills of Quantities for each item. 21.2 If the final quantity of the Work done differs from the quantity in the Bills of Quantities for the particular item by more than 25 percent and provided the change exceeds 1 percent of the Initial Contract price, the Project Manager shall adjust the rate to allow for the change. 21.3 If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bills of Quantities. 22. Variations 22.1 All variations shall be included in updated programs produced by the Contractor. 22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the variations when requested to do so. The Project Manager shall assess the quotation, which shall be given within seven days of the request or within any longer period as may be stated by the Project Manager and before the Variation is ordered. 22.3 If the work in the variation corresponds with an item description in the Bills of Quantities and if in the opinion of the Project Manager, the quantity of work is not above the limit stated in Clause 21.2 or the timing of its execution does not cause the
- 144. 31 cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to calculate the value of the variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the variation does not correspond with items in the Bills of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work. 22.4 If the Contractor’s quotation is unreasonable, the Project Manager may order the variation and make a change to the Contract price, which shall be based on the Project Manager’s own forecast of the effects of the variation on the Contractor’s costs. 22.5 If the Project Manager decides that the urgency of varying the Work would prevent a quotation being given and considered without delaying the Work, no quotation shall be given and the variation shall be treated as a Compensation Event. 22.6 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning. 22.7 When the Program is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast. 23. Payment Certificates, Currency of Payments and Advance Payments 23.1 The Contractor shall submit to the Project Manager monthly applications for payment giving sufficient details of the Work done and materials on Site and the amounts which the Contractor considers himself to be entitled to. The Project Manager shall check the monthly application and certify the amount to be paid to the Contractor within 14 days. The value of Work executed and payable shall be determined by the Project Manager. 23.2 The value of Work executed shall comprise the value of the quantities of the items in the Bills of Quantities completed; materials delivered on Site, variations and compensation events. Such materials shall become the property of the Employer once the Employer has paid the Contractor for their value. Thereafter, they shall not be removed from Site without the Project Manager’s instructions except for use upon the Works. 23.3 Payments shall be adjusted for deductions for retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 30 days of the date of issue of each certificate. If the Employer makes a late payment, the Contractor shall be paid simple interest on the late payment in the next payment. Interest shall be calculated on the basis of number of days delayed at a rate three percentage points above the Central Bank of Kenya’s average rate for base lending prevailing as of the first day the payment becomes overdue. 23.4 If an amount certified is increased in a later certificate or as a result of an award by an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.
- 145. 32 23.5 Items of the Works for which no rate or price has been entered in will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract. 23.6 The Contract Price shall be stated in Kenya Shillings. All payments to the Contractor shall be made in Kenya Shillings and foreign currency in the proportion indicated in the tender, or agreed prior to the execution of the Contract Agreement and indicated therein. The rate of exchange for the calculation of the amount of foreign currency payment shall be the rate of exchange indicated in the Appendix to Conditions of Contract. If the Contractor indicated foreign currencies for payment other than the currencies of the countries of origin of related goods and services, the Employer reserves the right to pay the equivalent at the time of payment in the currencies of the countries of such goods and services. The Employer and the Project Manager shall be notified promptly by the Contractor of an changes in the expected foreign currency requirements of the Contractor during the execution of the Works as indicated in the Schedule of Foreign Currency Requirements and the foreign and local currency portions of the balance of the Contract Price shall then be amended by agreement between Employer and the Contractor in order to reflect appropriately such changes. 23.7 In the event that an advance payment is granted, the following shall apply: - a) On signature of the Contract, the Contractor shall at his request, and without furnishing proof of expenditure, be entitled to an advance of 10% (ten percent) of the original amount of the Contract. The advance shall not be subject to retention money. b) No advance payment may be made before the Contractor has submitted proof of the establishment of deposit or a directly liable guarantee satisfactory to the Employer in the amount of the advance payment. The guarantee shall be in the same currency as the advance. c) Reimbursement of the lump sum advance shall be made by deductions from the Interim payments and where applicable from the balance owing to the Contractor. Reimbursement shall begin when the amount of the sums due under the Contract reaches 20% of the original amount of the Contract. It shall have been completed by the time 80% of this amount is reached. The amount to be repaid by way of successive deductions shall be calculated by means of the formula: R = A(x1 – x11 ) Where: 80 – 20 R = the amount to be reimbursed A = the amount of the advance which has been granted X1 = the amount of proposed cumulative payments as a percentage of the original amount of the Contract. This figure will exceed 20% but not exceed 80%.
- 146. 33 X11 = the amount of the previous cumulative payments as a percentage of the original amount of the Contract. This figure will be below 80%but not less than 20%. d) with each reimbursement the counterpart of the directly liable guarantee may be reduced accordingly. 24. Compensation Events 24.1 The following issues shall constitute Compensation Events: (a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Appendix to Conditions of Contract. (b) The Employer modifies the List of Other Contractors, etc., in a way that affects the Work of the Contractor under the Contract. (c) The Project Manager orders a delay or does not issue drawings, specifications or instructions required for execution of the Works on time. (d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon the Work, which is then found to have no defects. (e) The Project Manager unreasonably does not approve a subcontract to be let. (f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to tenderers (including the Site investigation reports), from information available publicly and from a visual inspection of the Site. (g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer or additional work required for safety or other reasons. (h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. (i) The effects on the Contractor of any of the Employer’s risks. (j) The Project Manager unreasonably delays issuing a Certificate of Completion. (k) Other compensation events described in the Contract or determined by the Project Manager shall apply. 24.2 If a compensation event would cause additional cost or would prevent the Work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
- 147. 34 24.3 As soon as information demonstrating the effect of each compensation event upon the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s own forecast. The Project Manager will assume that the Contractor will react competently and promptly to the event. 24.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s interests are adversely affected by the Contractor not having given early warning or not having co-operated with the Project Manager. 24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the Appendix to Conditions of Contract. 24.6 The Contractor shall give written notice to the Project Manager of his intention to make a claim within thirty days after the event giving rise to the claim has first arisen. The claim shall be submitted within thirty days thereafter. Provided always that should the event giving rise to the claim of continuing effect, the Contractor shall submit an interim claim within the said thirty days and a final claim within thirty days of the end of the event giving rise to the claim. 25. Price Adjustment 25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other levies are changed between the date 30 days before the submission of tenders for the Contract and the date of Completion. The adjustment shall be the change in the amount of tax payable by the Contractor. 25.2 The Contract Price shall be deemed to be based on exchange rates current at the date of tender submission in calculating the cost to the Contractor of materials to be specifically imported (by express provisions in the Contract Bills of Quantities or Specifications) for permanent incorporation in the Works. Unless otherwise stated in the Contract, if at any time during the period of the Contract exchange rates shall be varied and this shall affect the cost to the Contractor of such materials, then the Project Manager shall assess the net difference in the cost of such materials. Any amount from time to time so assessed shall be added to or deducted from the Contract Price, as the case may be. 25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to have been calculated in the manner set out below and in sub-clauses 25.4 and 25.5 and shall be subject to adjustment in the events specified thereunder; (i) The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the rates of wages and other emoluments and expenses as determined by the Joint Building Council of Kenya (J.B.C.) and set out in the schedule of basic rates issued 30 days before the date for submission of tenders. A copy of the schedule used by the
- 148. 35 Contractor in his pricing shall be attached in the Appendix to Conditions of Contract. (ii) Upon J.B.C. determining that any of the said rates of wages or other emoluments and expenses are increased or decreased, then the Contract Price shall be increased or decreased by the amount assessed by the Project Manager based upon the difference, expressed as a percentage, between the rate set out in the schedule of basic rates issued 30 days before the date for submission of tenders and the rate published by the J.B.C. and applied to the quantum of labour incorporated within the amount of Work remaining to be executed at the date of publication of such increase or decrease. (iii) No adjustment shall be made in respect of changes in the rates of wages and other emoluments and expenses which occur after the date of Completion except during such other period as may be granted as an extension of time under clause 17.0 of these Conditions. 25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the basic prices of materials to be permanently incorporated in the Works as determined by the J.B.C. and set out in the schedule of basic rates issued 30 days before the date for submission of tenders. A copy of the schedule used by the Contractor in his pricing shall be attached in the Appendix to Conditions of Contract. 25.5 Upon the J.B.C. determining that any of the said basic prices are increased or decreased then the Contract Price shall be increased or decreased by the amount to be assessed by the Project Manager based upon the difference between the price set out in the schedule of basic rates issued 30 days before the date for submission of tenders and the rate published by the J.B.C. and applied to the quantum of the relevant materials which have not been taken into account in arriving at the amount of any interim certificate under clause 23 of these Conditions issued before the date of publication of such increase or decrease. 25.6 No adjustment shall be made in respect of changes in basic prices of materials which occur after the date for Completion except during such other period as may be granted as an extension of time under clause 17.0 of these Conditions. 25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any materials included in the schedule of basic rates. 26. Retention 26.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Appendix to Conditions of Contract until Completion of the whole of the Works. On Completion of the whole of the Works, half the total amount retained shall be repaid to the Contractor and the remaining half when the Defects Liability Period has passed and the Project Manager has certified that all defects notified to the Contractor before the end of this period have been corrected.
- 149. 36 27. Liquidated Damages 27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in the Appendix to Conditions of Contract for each day that the actual Completion Date is later than the Intended Completion Date. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not alter the Contractor’s liabilities. 27.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rate specified in Clause 23.30 28. Securities 28.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a reputable bank acceptable to the Employer, and denominated in Kenya Shillings. The Performance Security shall be valid until a date 30 days beyond the date of issue of the Certificate of Completion. 29. Dayworks 29.1 If applicable, the Dayworks rates in the Contractor’s tender shall be used for small additional amounts of Work only when the Project Manager has given written instructions in advance for additional work to be paid for in that way. 29.2 All work to be paid for as Dayworks shall be recorded by the Contractor on Forms approved by the Project Manager. Each completed form shall be verified and signed by the Project Manager within two days of the Work being done. 29.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms. 30. Liability and Insurance 30.1 From the Start Date until the Defects Correction Certificate has been issued, the following are the Employer’s risks: (a) The risk of personal injury, death or loss of or damage to property (excluding the Works, Plant, Materials and Equipment), which are due to; (i) use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works, or (ii) negligence, breach of statutory duty or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.
- 150. 37 (b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in Employer’s design, or due to war or radioactive contamination directly affecting the place where the Works are being executed. 30.2 From the Completion Date until the Defects Correction Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk except loss or damage due to; (a) a defect which existed on or before the Completion Date. (b) an event occurring before the Completion Date, which was not itself the Employer’s risk (c) the activities of the Contractor on the Site after the Completion Date. 30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks of personal injury, death and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risk are Contractor’s risks. The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts stated in the Appendix to Conditions of Contract for the following events; (a) loss of or damage to the Works, Plant, and Materials; (b) loss of or damage to Equipment; (c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract, and (d) personal injury or death. 30.4 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation required to rectify the loss or damage incurred. 30.5 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due. 30.6 Alterations to the terms of an insurance shall not be made without the approval of the Project Manager. Both parties shall comply with any conditions of insurance policies. 31. Completion and taking over 31.1 Upon deciding that the Works are complete, the Contractor shall issue a written request to the Project Manager to issue a Certificate of Completion of the Works. The Employer shall take over the Site and the Works within seven [7] days of the Project Manager’s issuing a Certificate of Completion.
- 151. 38 32. Final Account 32.1 The Contractor shall issue the Project Manager with a detailed account of the total amount that the Contractor considers payable to him by the Employer under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 30 days a schedule that states the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a Payment Certificate. The Employer shall pay the Contractor the amount due in the Final Certificate within 60 days. 33. Termination 33.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. These fundamental breaches of Contract shall include, but shall not be limited to, the following; (a) the Contractor stops work for 30 days when no stoppage of work is shown on the current program and the stoppage has not been authorised by the Project Manager; (b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 30 days; (c) the Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or amalgamation; (d) a payment certified by the Project Manager is not paid by the Employer to the Contractor within 30 days (for Interim Certificate) or 60 days (for Final Certificate)of issue. (e) the Project Manager gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager; (f) the Contractor does not maintain a security, which is required. 33.2 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under Clause 33.1 above, the Project Manager shall decide whether the breach is fundamental or not. 33.3 Notwithstanding the above, the Employer may terminate the Contract for convenience. 33.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible. The Project
- 152. 39 Manager shall immediately thereafter arrange for a meeting for the purpose of taking record of the Works executed and materials , goods, equipment and temporary buildings on Site. 34. Payment Upon Termination 34.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the Work done and materials ordered and delivered to Site up to the date of the issue of the certificate. Additional liquidated damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable by the Contractor. 34.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the Work done, materials ordered, the reasonable cost of removal of equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works. 34.3 The Employer may employ and pay other persons to carry out and complete the Works and to rectify any defects and may enter upon the Works and use all materials on the Site, plant, equipment and temporary works. 34.4 The Contractor shall, during the execution or after the completion of the Works under this clause remove from the Site as and when required, within such reasonable time as the Project Manager may in writing specify, any temporary buildings, plant, machinery, appliances, goods or materials belonging to or hired by him, and in default the Employer may (without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor. Until after completion of the Works under this clause the Employer shall not be bound by any other provision of this Contract to make any payment to the Contractor, but upon such completion as aforesaid and the verification within a reasonable time of the accounts therefore the Project Manager shall certify the amount of expenses properly incurred by the Employer and, if such amount added to the money paid to the Contractor before such determination exceeds the total amount which would have been payable on due completion in accordance with this Contract the difference shall be a debt payable to the Employer by the Contractor; and if the said amount added to the said money be less than the said total amount, the difference shall be a debt payable by the Employer to the Contractor. 35. Release from Performance 35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop Work as quickly as possible after receiving this certificate and shall be paid for all Work carried out before receiving it.
- 153. 40 36. Corrupt gifts and payments of commission The Contractor shall not; (a) Offer or give or agree to give to any person in the service of the Employer any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this or any other contract for the Employer. (b) Enter into this or any other contract with the Employer in connection with which commission has been paid or agreed to be paid by him or on his behalf or to his knowledge, unless before the Contract is made 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) shall be an offence under the provisions of the Public Procurement Regulations issued under The Exchequer and Audit Act Cap 412 of the Laws of Kenya. 37. Settlement Of Disputes 37.1 In case any dispute or difference shall arise between the Employer or the Project Manager on his behalf and the Contractor, either during the progress or after the completion or termination of the Works, such dispute shall be notified in writing by either party to the other with a request to submit it to arbitration and to concur in the appointment of an Arbitrator within thirty days of the notice. The dispute shall be referred to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the Chairman or Vice Chairman of any of the following professional institutions; (i) Architectural Association of Kenya (ii) Institute of Quantity Surveyors of Kenya (iii) Association of Consulting Engineers of Kenya (iv) Chartered Institute of Arbitrators (Kenya Branch) (v) Institution of Engineers of Kenya On the request of the applying party. The institution written to first by the aggrieved party shall take precedence over all other institutions. 37.2 The arbitration may be on the construction of this Contract or on any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any matter or thing left by this Contract to the discretion of the Project Manager, or the
- 154. 41 withholding by the Project Manager of any certificate to which the Contractor may claim to be entitled to or the measurement and valuation referred to in clause 23.0 of these conditions, or the rights and liabilities of the parties subsequent to the termination of Contract. 37.3 Provided that no arbitration proceedings shall be commenced on any dispute or difference where notice of a dispute or difference has not been given by the applying party within ninety days of the occurrence or discovery of the matter or issue giving rise to the dispute. 37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such a dispute or difference shall not commence unless an attempt has in the first instance been made by the parties to settle such dispute or difference amicably with or without the assistance of third parties. Proof of such attempt shall be required. 37.5 Notwithstanding anything stated herein the following matters may be referred to arbitration before the practical completion of the Works or abandonment of the Works or termination of the Contract by either party: 37.5.1 The appointment of a replacement Project Manager upon the said person ceasing to act. 37.5.2 Whether or not the issue of an instruction by the Project Manager is empowered by these Conditions. 37.5.3 Whether or not a certificate has been improperly withheld or is not in accordance with these Conditions. 37.5.4 Any dispute or difference arising in respect of war risks or war damage. 37.6 All other matters shall only be referred to arbitration after the completion or alleged completion of the Works or termination or alleged termination of the Contract, unless the Employer and the Contractor agree otherwise in writing. 37.7 The Arbitrator shall, without prejudice to the generality of his powers, have powers to direct such measurements, computations, tests or valuations as may in his opinion be desirable in order to determine the rights of the parties and assess and award any sums which ought to have been the subject of or included in any certificate. 37.8 The Arbitrator shall, without prejudice to the generality of his powers, have powers to open up, review and revise any certificate, opinion, decision, requirement or notice and to determine all matters in dispute which shall be submitted to him in the same manner as if no such certificate, opinion, decision requirement or notice had been given. 37.9 The award of such Arbitrator shall be final and binding upon the parties.
- 155. 42 SECTION V – APPENDIX TO CONDITIONS OF CONTRACT
- 156. 43 SECTION V: APPENDIX TO CONDITIONS OF CONTRACT THE EMPLOYER IS: Name : EMBAKASI CENTRAL NG-CDF Address: P.O.BOX 871-00518 NAIROBI Name of Authorized Representative: ELIAS MATE, FUND ACCOUNT MANAGER Telephone: +254-715-070030 E mail: [email protected],ke Website: THE PROJECT MANAGER IS: Name: THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY Address: P.O. Box 300175, NAIROBI. Telephone: +254-722-278417 Facsimile: + The name of the Contract is: PROPOSED BOUNDARY WALL TO KAYOLE POLICE STATION-520M LONG. REF: No. 284/2640507/001/2020/2021 The Works consist of: i. BOUNDARY WALL The Start Date shall be: AS AGREED WITH THE PROJECT MANAGER The Intended Completion Date for the whole of the Works shall be:
- 157. 44 FORTY (40) WEEKS AFTER START DATE The following documents also form part of the Contract: Any Other Authorized Drawings which may be issued from time to time The Contractor shall submit a program for the Works within 7 DAYS of delivery of the Letter of Acceptance. The Site Possession Date shall be: AS AGREED WITH THE PROJECT MANAGER The Site is located IN KAYOLE POLICE STATION, NAIROBI COUNTY and is defined in CONTRACT DRAWINGS The Defects Liability period is: 180 DAYS Other Contractors, utilities etc., to be engaged by the Employer on the Site Include those for the execution of NONE The minimum insurance covers shall be; 1. The minimum cover for insurance of the Works and of Plant and Materials in respect of the Contractor’s faulty design is: NIL 2. The minimum cover for loss or damage to Equipment is KSHS. 10,000,000 3. The minimum for insurance of other property is KSH. 5,000,000.00 4. The minimum cover for personal injury or death insurance For the Contractor’s employees is KSH. 2,000,000.00 And for other people is KSH. 2,000,000.00 The following events shall also be Compensation Events: NONE The period between Program updates is: 14 DAYS. The amount to be withheld for late submission of an updated program of works is: 100% OF CERTIFICATE The proportion of payments retained is 10 percent with a limit of retention of 10 % of the Contract Sum. The Price Adjustment Clause shall not apply The liquidated damages for the whole of the Works is Kshs. 100,000.00 (per week or part thereof) The Performance Security shall be for the following minimum amounts equivalent as a percentage of the Contract Price Five percent (5%)
- 158. 45 The Completion Period for the Works is: 40 WEEKS The rate of exchange for calculation of foreign currency payments is: Not Applicable The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to attach]. Advance Payment SHALL NOT be granted.
- 159. 46 SECTION VI - PREAMBLES & PRICING NOTES
- 160. 47 SECTION VI: SPECIFICATIONS INTRODUCTION 1.0 GENERALLY All work to be carried out in accordance with the Ministry of Public Works General Specifications for Building Works issued in 1976 or as qualified or amended. 1.1 MANUFUCTURES’ NAMES Whereas manufactures’ names and catalogue references are given for guidance to quality and standards only, alternative manufacturer of equal quality will be accepted at the discretion of the Project Manager. 1.2 WALLING All pre-cast blocks shall be manufactured by the methods and to the sizes specified in the Ministry of Roads and Public Works “Specification for Metric Sized Concrete Blocks for Building (1972). Walling of 150mm thickness or under shall be reinforced with hoop iron in every alternate course. Prices for walling must allow for costs in preparing, packing and sending sample blocks for testing as and when required by the Project Manager. 1.3 CARPENTRY The grading rules for cypress shall be the same as podo-carpus and all timber used for structural work shall be select (second grade). All structural timber must conform to the minimum requirements for moisture content and preservative treatment and timber prices must allow for preparing, packing and sending samples for testing when required. Prices must also include for nails and fasteners. 1.4 JOINERY Cypress for joinery shall be second grade in accordance with the latest grading rules of the Kenya Government. Where mahogany is specified, this refers to grading only. The Contractor may with the approval of the Project Man ager, use either Msharagi or Mvuli in lieu of Mahogany but such approval will only be given in the case of shortages of the hardwoods specified. Plugging shall be carried out by drilling walling or concrete with masonry drill and filling with propriety plugs of the correct sizes. Cutting with hammer or chisel will not be allowed. Prices for joinery must include for pencil arises, protection against damage, nails, screws, framing and bedding in cement mortar as required. Sizes given for joinery items are nominal sizes and exact dimensions of doors, etc, must be ascertained on site.
- 161. 48 1.5 IRON MONGERY Ironmongery shall be specified in the Bill of Quantities or equal and approved. Prices must include for removing and re-fixing during and after painting, labeling all keys, and for fixing to hardwood, softwood, concrete or block work. Catalogue references given for ironmongery are for purposes of indicating quality and sizes of item(s). Should the Contractor wish to substitute the specified item(s) with other equal quality, he must inform the Project Manager and obtain approval in writing. 1.6 STRUCTURAL STEELWORK All structural steelwork shall comply with the Ministry of Public Works ‘Structural Steelwork Specification (1973)’ and shall be executed by an approved Sub-contractor. 1.7 PLASTERWORKS AND OTHER FINISHES All finishing shall be as described in the General Specifications and the Bill of Quantities. Prices for pavings are to include for brushing concrete clean, wetting and coating with cement and sand grout (1:1). Rates for glazed wall tiling are to include for a 12mm cement and sand (1:4) backing screed unless otherwise specified in the Bills of Quantities. 1.8 GLAZING Where polished plate glass is specified, this refers to general glazing quality. Prices for glazing shall include priming of rebates before placing putty. The Contractor will be responsible for replacing any broken or scratched glass and handing over in perfect condition. 1.9 PAINTING All painting shall be 1st quality ‘Crown Solo’ or other equal and approved. Painting shall be applied in accordance with the manufactures’ written instruction. Prices of painting are to include for scaffolding, preparatory work, priming coats, protection of other works, and for cleaning upon completion. Prices of painting on galvanized metal are to include for mordant solutions as necessary. DETAILED SPECIFICATIONS The Contractor should read carefully the following specification for workmanship prepared in accordance with the Standard Specification f or Building Works 1976 Edition Prepared by Ministry of Public Works.
- 162. 49 A. GENERAL ITEMS A.1 Materials Generally All materials used in the works shall be new and of the qualities and kinds specified herein and equal to approved samples. Deliveries shall be made sufficiently in advance to enable samples to be taken and tested as required. No material shall be used until approved and all materials not approved or which are damaged, contaminated or have deteriorated in any way or do not comply in any way with the requirement of this specification shall be rejected and immediately removed from the site at Contractor’s own expense. A2. Material for which there is a Kenya Bureau of Standard (KBS) Specification. All materials used in the works for which a Kenya Bureau of Standard Specification has been published shall conform to the latest edition thereof in every way. The Project Manager has the right to demand that the Contractor obtains at his own expense a certificate in respect of any material stating that it conforms to KBS Specifications. A.3 Materials for which there is no KBS Specifications All materials used in the works for which no KBS Specifications has been published shall conform to British Standard (BS) Specifications for such materials. If there are no published standards as specified for any materials, the quality of such a material shall be of a standard equal to those for which there is a KBS or BS Specifications. B. EXCAVATIONS AND EARTH WOKRS B1. Site Clearance Site clearance shall include the cutting down of all trees, stumps, bushes, vegetation and rubbish, burning up the debris arising in approved locations and carting away remaining materials to a tip provided by the Contractor. B2. Nature of the soil The Contractor is advised to visit the site and ascertain the nature of the ground to be excavated as no claim will be entertained for lack of knowledge in this respect. Rates for excavations shall include for excavating in soil, earth black cotton soil, sandy soil, murram, tuff, soft rock, boulders, or whatever other subsoil is encountered except for hard rock as defined below. B3 Foundation Excavations The foundation trenches and column bases shall be excavated to the widths and depths of the concrete foundations shown on the drawings or such widths and depths as the Project Manager may instruct. Quantities of all excavation shall be measured and valued by the PM and any difference between such measurements and the measurements herein given shall be dealt with as a variation to the Contract. If however the Contractor excavates to greater depths than shown on the drawings or as instructed by the PM, then he/she shall at his/her own expense fill in such extra depth of excavation with concrete as specified for foundations to the satisfaction of the PM. The Contractor shall not be paid for the cost of any excavation executed deeper or wider than shown on the drawings or instructed by the PM.
- 163. 50 B4. Surplus Soil Disposal Excavated materials not required for subsequent refilling to areas off site which shall be approved by the PM. B5. Top Soil Spreading Whenever required in the Bills of Quantities, top soil require for subsequent spreading over finished work shall especially be selected and shall be dumped in special heaps as indicated by the PM. Such soil be reasonably free from vegetation to the satisfaction of the PM and shall be compacted as little as possible. B6. Filling under Surface Beds in Buildings (i) Murram filling Murram for filling as base course shall be from an approved source and of the highest quality. It shall be laid in well-compacted layers not exceeding 150mm. Water will be applied to O.M.O and each layer shall be thoroughly compacted by at least 8 passes of a 10 ton smooth wheeled roller or a 2 ton vibrating roller until all movement cease and 100% C.B.R achieved. (ii) Hardcore filling Hardcore filling shall be crushed rock, broken concrete or other approved hard granular crushed materials broken to pass not greater than a 150mm ring or to be a 75% of the finished thickness of the layers being compacted whichever is the less and graded so that it can be easily and thoroughly compacted by rolling. B7. Anti-termite treatment Where described, the top surface of filling shall be treated with gladiator TC pesticides to be supplied by Rentokil Ltd. P.O Box 44360, Nairobi or other equal and approved firm. The Contractor must destroy any termite nests found within the perimeter of the building and within 20 metres from the building externally and take out and destroy queens, impregnate holes and tunnels with approved and backfill with hard material, well rammed and consolidated. The Contractor shall be required to issue a 10 year guarantee to the Employer. B8. Polythene Sheeting Polythene sheeting shall be from an approved manufacture. Joint in sheeting shall be treble folded with a 150mm fold and tapped at 300mm intervals with 50mm wide plastic adhesive tapes. The sheeting shall not be stretched but shall be laid with sufficient wrinkles permit shrinkage up to 15%. The Contractor shall ensure the membrane is not stretched by laying and concreting. B9. Existing Services Before commencing the works, the Contractor shall at his own expense ascertain in writing from the relevant Local Authorities and other public bodies, companies and persons who may be affected, the position and depths of their respective ducts, cables, mains or pipes appurtenance. He shall therefore such for and locate such services. B10. Protection The Contractor shall protect all graded and filled areas from elements of weather. Any settlement or washing away that occurs prior to acceptance of the works shall be repaired and grades re- established to required elevation and slopes.
- 164. 51 C. CONCRETE WORK C.1 Codes of Practice All workmanship, materials, tests and performances in connection with reinforced concrete shall be in conformity with the latest edition of the British Standards for concrete works 9B.S. B110 Parts 1&2, B.S. 8004, B.S.8007) and any other approved Local and International Standards. Where inconsistency exists between these preambles and these standards, the Contractor shall notify the PM in time for clarification as to which of the two apply to the Contract. C.2 Supervision A competent person approved by the PM shall be employed by the Contractor at all stages in the preparation and placing of the concrete. All cubes shall be made and site tests carried under his direct supervision on consultation PM. C.3 Cement Cement unless otherwise specified shall be ordinary Portland cement of brand and source approved by the PM and shall comply with the requirements K.S.02-21. A manufacture certificate of test in accordance K.S.02-21shall is supplied for each consignment delivered on site. C.4 Aggregate Aggregates shall conform to the requirements of K.S.02-95 and all the proposed sources, types and grading test results of all aggregates are to be approved in all respects by the PM. If in the opinion of the PM the aggregate meets with the above requirements but is dirty or adulterated in any manner it shall be screened and/or washed with clean water at the Contractor’s expense. Aggregate shall be delivered to site in their prescribed sizes or gradings and shall be stock-piled on paved areas to be boarded platforms in separate units to avoid intermixing. On no account shall premixed cores aggregate be brought to the patching plant or stock-piled on the ground. C.5 Water The water used for mixing concrete shall be from an approved source, clean, fresh and free from harmful matter and comply with the requirements of B.S3148. C.6 Quality Control at Work Stage Once the concrete mix is accepted from preliminary to works stage, the principal basis of control shall be analysis of the test tube at 28 days. C.7 Cement The quality of cement shall be measured by weight. Where delivered in bags, each batch of concrete is to contain one or more bags of cement in accordance with the proportions specified. For non-structural concrete volume batching may be used as indicated below: Class of Concrete 15 10 Nominal mix by volume 1:3:6 1:4:8 Cubic metres of fine aggregate Per 50Kg bag of cement Cubic metres of course aggregate 0.12 0.16 Per 50 Kg bag of cement 0.24 0.32 Max. Size of course aggregate 40mm* 40mm* *or 20mm for blinding concrete where described.
- 165. 52 Where batching is by volume, approved gauge boxes of such a size as will give the correct proportions shall be used, and full account shall of bulking due to high moisture content. C.8 Construction joints Construction joints shall be permitted only at the position predetermined on the drawings or as instructed on the site by PM. In general they shall be located at points of minimum shear, viz, vertical at, or near micspan of slabs, ribs and deems. C.9 Faulty Concrete Any concrete which fails to comply with these Preambles, or which shows signs or setting before it is placed shall be taken out and removed from site, where concrete is found to be defective after it has set, the concrete shall be cut out and replaced in accordance with the PM’s instructions. On no account shall honeycombed or otherwise defective concrete be repaired or patched until the PM has made in inspection and issued instruction for repair. C.10 Steel Reinforcement The steel reinforcement shall comply with the latest requirement of British Standards: Hot rolled MS for the Reinforcement of Concrete KS02-22 Hot rolled MS for the Reinforcement of Concrete KS4449 Cold worked H.Y steel for the Reinforcement of Concrete BS4461 Hard drawn steel wire BS4482 C.11 Fabric Reinforcement Fabric reinforcement shall be electrically cross-welded steel wire mesh reinforcement to BS4483 and of the size and weight specified and made of wire to BS4482 C.12 Fixing Steel Reinforcement Reinforcement shall be accurately bent to the shapes and dimensions shown on the drawings and Schedules and in accordance with BS 4466 and BS8110. Reinforcement must be cut and bent cold and no welded joints will be permitted unless directed by the PM. C.13 Formwork The method and system of formwork which the Contractor proposes to use shall be approved by the PM before commencement of construction. Formwork shall be substantially and rigidly constructed of timber, steel, plastic, precast concrete or other approved material. All timber formwork shall be good, sound, clean, sawn, well-seasoned timber free from warps and loose knots and scantlings sufficiently strong for their purpose. D. WALLING MATERIALS D.1 Cement Cement used for making mortar shall be as described in concrete. D.2 Lime The lime for making mortar shall be obtained from an approved source and shall comply with BS890 Class A for non-hydraulic lime. The lime is to be run to putty in an approved in an approved line pit or container. The water to be first run into the pit or container and the lime to be added until it is completely submerged, stirred vigorously until it all lumps are disintegrated and shall be kept constantly covered with water and regularly stirred for at least four weeks. The resulting milk lime is then to be run through a fine sieve and run into a
- 166. 53 pit or other container and kept clean and moist for not less than two weeks before being used in the works. D.2 Sand Sand used for making mortar shall be clean, well graded siliceous sand of good sharp hard quality equal to samples which shall be deposited and approved by the PM. It shall be free from lumps of stone, earth, loam, dust, salt, organic matter and other deleterious substances, passed through a fine sieve and washed by clean water if so directed by the PM. D.4 Water Shall be as described in Concrete Work D.5 Stone All stone shall comply with the requirements of CP 121.202 for masonry and rubble walls respectively except where amended or extended by the following clauses. D.6 Reinforced Walls Steel reinforcing bars in walls shall be carefully placed and spacers used to ensure that a minimum of 20mm cover is given to the reinforcement unless otherwise specified. Horizontal reinforcement in mortar joints shall be laid such that the reinforcement is in contact with block or stone. D.7 Wall Ties Wall ties shall be provided to steel or concrete columns and beams to connect two unbounded leaves of walls. Wall ties shall be provided at 450mm centres vertically and 900mm centres horizontally and shall be staggered when used to connect two unbounded walls. Wall ties shall be embedded into each material by a minimum of 50mm. D.8 Fair Face All concrete and hollow block work described as finished with a fair face is to be built to a true and even fair face with the joints finished as specified hereunder. D.9 Pointing Walls shall be prepared for pointing by raking out all loose and friable materials to a minimum of 15mm to form a square recess. The joints shall then be wetted and a new mortar shall be forced into the joints and finished as directed. E. GLAZING MATERIALS E.1 General Glass used for glazing and for mirrors shall of best quality clear glass free from visible defects so as to afford uninterrupted vision or reflection as appropriate and without distortion. E.2 Standards Glass for glazing and mirrors shall be from approved manufacturer and to comply with BS952 in all respects free from flaws, bubbles, specks and other imperfections. E.3 Clear Sheet glass etc The clear sheet glass shall be ordinary glazing (OG) quality. E.4 Obscured Glass
- 167. 54 To be of type approved by the PM E.5 Putty The putty for glazing to wood sashes is to be linseed oil putty to BS644 E.6 General Glazing of all types in all locations shall be carefully executed by artisans skilled in this type of work and in conformance with the recommendations of CP152. Glazing shall be carefully fitted so that it is not subject to pressure and stresses imposed by an oversight within framing. F. METAL WORK F.1 Generally All materials shall be the best of their respective kinds free from defects and all work is to be carried out in the most workmanlike manner and strictly as directed by the PM. The materials in all stages of transportation, handling and stacking shall be kept clean and prevented from injury by breaking, bending, and distortion and weather actions. F.2 Mild Steel Mild steel shall comply with BS 15 F.3 Hollow Section Tubing Square and rectangular hollow section tubing shall be hot rolled mild steel in accordance with Grade 43C of BS4360 F.4 Bolts, Nuts and Washers These shall be fabricated from materials which comply with BS 15 and manufactured item shall comply with the appropriate BS. F.5 Galvanized Sheet Steel To be No 24S.W.G of approved manufacture to BS 2989 of quality mild steel cold rolled close annealed patent flattened and hot dip galvanizes. F.6 Stainless Steel Stainless Steel tube shall be Austenic steel to BS comparable to BS 1449 type 316 S 16. F.7 Steel Grilles Stainless steel shall be manufactured from sections conforming to BS 990 of heavy duty section of the metric W20 range of approved manufacture and design approved by the PM. After manufacture and before delivery to site steel windows are to be hot galvanized by dipping in a bath of molten zinc or painted with one coat primer. F.8 Welding All welding are to be in accordance with the requirements of BS1856 and 938 and the electrodes shall comply with BS639. F.9 Painting All steel is to wire brushed and any loose scale; dirt or grease shall be removed before any painting is commenced. One coat of red oxide primer type A to BS 2523 shall be applied at the shop. Any damage to the printing paint shall be made good to the PM’s approval.
- 168. 55 F.10 Fixing of Steel Grilles Fixing of metal grilles shall include for assembling and fixing, including screwing to sub-frames or cutting mortices for lugs in concrete or walling and running with cement mortar (1:4), bedding frames in similar mortar , pointing in mastic, bedding sills, transoms and mullions in mastic, making good finishings around both sides an fixing , adjusting all fittings and frames. G. PLASTERWORK G.1 Generally Render, both internal and external shall be cement and sand in the proportions (1:4) finished to the thickness specified. Plaster shall consist of an undercoat of 1 part cement and parts sand by volume, and finishing coat of 1part cement and 10 parts lime putty. Each coat shall be finished to the thickness specified G.2 Cement Ordinary Portland cement and shall comply with KS02-21. White and colored cement shall comply with BS12 and be obtained from approved manufacturer. G.3 Lime Lime shall be prepared from hydrated lime complying with B 890, Part 2. G.4 Sands Sand for cement and lime mixes shall comply with BS 1199, Table 1. G.5 Water Water shall be clean and kept free from impurities. G.6 Mixing of materials All materials shall be thoroughly mixed in the proportions described. No mixes of plasters, other than described shall be used. G.7 Period between coats Cement-lime undercoats shall be allowed to dry thoroughly before a further coat is applied. G.8 Surfaces of beds and backings Screeded beds for insitu of finishings of floor bedded in mortar bedded in mortar shall be left rough from the screeding board. Floated beds for inflexible floor finishings bedded in mastic, shall be left with a plain untextured surface. Toweled beds for flexible finishings shall be finished smooth and free from score marks, grooves or depressions. Screeded backings for insitu wall finishings or wall finishings bedded in mortar shall be scratched for key. Floated backings for inflexible wall finishings fixed with adhesive shall be left with a plain surface. Toweled backings for flexible wall finishings shall be finished with smooth and free from score marks or depressions. Beds and backings for finishings by specialist must be to the approval of the specialist.
- 169. 56 G.9 Preparation of surfaces All surfaces to receive the finishings in this section shall be thoroughly cleaned. Screeds to receive finishings bedded in mortar shall be well wetted before laying is commenced. H. PAINTING AND DECORATING H.1 Color Ranges Painting and decorative schemes shall be carried out in colors selected by the PM from the approved range of colors. H.2 Approval of brands The Contractor shall seek, in writing, approval from the PM for all brands of paint he wishes to use. H.3 Quality of products Where a type of paint is produced by a manufacturer in more than one quality, oil paints and materials of the first or best quality material shall be used in the works. The container label shall show clearly the type of paint being used. Where it is not evident that the first or best quality of paint is being used, the PM will order the removal of such materials from the site and rectification of any work executed with those materials, all at the Contractor’s own cost. H.4 Same makers materials used for coating While materials for the work may be obtained from the several makers, undercoat and finishing coats for a particular must be obtained from the same maker, i.e. maker’s undercoat. H.5 Remedying defects due to defective materials All materials which in the opinion of the PM are unsatisfactory shall be immediately removed from site and any work executed with such defective materials shall be made good by the Contractor, at his own expense, to the satisfaction of the PM. H.6 Emulsion Paint Emulsion paint (interior and/or exterior), shall a P.V.A a base and shall be of an approved brand. The first coat shall be thinned in accordance with the manufactures instructions. Where described as applied externally, the paint shall incorporate an approved fungicide to prevent fungus growth. H.7 Black bituminous paint Black bituminous paint shall comply with BS 3416, Type 1for general use, Type II for drinking water. H.8 Primer for iron steelwork Primer for iron and steelwork shall be:- a) Lead based priming paint complying with BS 2523, Type B. b) Calcium plumbates priming paint complying with BS 3698, Type A. H.9 Primer for woodwork Primer for internal woodwork, other than the surfaces of external doors, windows and their frames and back of frames and linings, etc. in contact with masonry, concrete or plaster, shall be endless white or light grey priming paint not darker than 9-o93 of BS 4800 which shall be compatible with the subsequent coats and obtains from the same maker.
- 170. 57 Had gloss, semi-gloss matt and flat oil paints, shall be approved. H.10 Polyurethane lacquer Polyurethane lacquer shall be an approved single pack or two pack lacquer as described of interior or exterior quality, as appropriate. H.11 Plaster, rendering, concrete and brickwork All plaster or mortar splashes, etc. shall be removed from plaster rendering, concrete, block work and block by careful scraping, all holes, cracks, etc. shall be stopped and the whole of the surfaces shall be brushed down to remove dusts and loose material. In addition, all traces of mould oil shall be removed from concrete surfaces by scrubbing with water and detergent and rinsing with clean water to remove all detergent. H.12 Iron and Steel Before fixing, all rust and scale shall be removed from iron and steel surfaces by wire brushing, scraping, hammering, flame cleaning etc. H.13 Firebrand All dirt and shall be brushed off from fire brand surfaces. After priming, all holes and other imperfections shall be stopped. H.14 Plywood Surfaces of plywood to be painted shall be filled as required with plaster based filler H.40 Woodwork to be painted Before fixing woodwork, all surfaces which will be visible after fixing shall be rubbed down and all knots and resin pockets shall be scorched back and coated with knotting. After priming and fixing, all nail holes and other imperfections shall be stopped and the whole surface shall be rubbed down and all dust brushed off. H.41 Woodwork to receive clear finish All holes and other imperfections in surfaces to receive a clear furnish shall be stopped and the whole surface shall be rubbed down to a fine satin finish and brushed off. Prior to the commencement of internal and external decoration, areas not exceeding 50 square meters in total area, and designated by the PM, shall be completely decorated, and after approval shall be used as standard for the whole of the works. Any additional cost involved in carrying the out such decoration in advance of the general work shall be deemed to be included in the Contract Sum. Such decorated surfaces shall be made good and touched up as necessary prior to the handing over of the works. H.43 Stirring of Materials The contents of all cans and containers of all materials must be properly and thoroughly stirred before and during use and shall be suitably stained as and when necessary. H.44 Manufacturer’s Instructions The contents of all cans and containers of materials must be properly and thoroughly stirred before and during use and base suitably strained as and when necessary.
- 171. 58 H.45 Brushwork Unless otherwise described, all coatings shall be applied by brush. Written permission must be obtained from the PM for application of coatings by spray or roller where not so described, and if permission is granted, such application shall not result in extra cost to employer.
- 173. 60 SECTION VII: DRAWINGS 1. Sample of Architectural drawings including site plans - Annex I 2. Sample of Structural drawings - Annex II
- 175. 62 SECTION VIII – STANDARD FORMS i. Form of Tender ii. Letter of Acceptance iii. Form of Agreement iv. Form of Tender Security v. Performance Bank Guarantee vi. Bank Guarantee for Advance Payment vii. Qualification Information viii. Tender Questionnaire ix. Confidential Business Questionnaire x. Statement of Foreign Currency Requirement xi. Details of Sub-Contractors xii. Request for Review Form
- 176. 63 FORM OF TENDER TO The Fund Account Manager Embakasi Central Ng-cdf P.O. BOX 871-00518 NAIROBI Date: Dear Sir/Madam, 1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs. [Amount in figures] Kenya Shillings: [Amount in words] 2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract. 3. We agree to abide by this tender until [Insert date], and it shall remain binding upon us and may be accepted at any time before that date. 4. Unless and until a formal Agreement is prepared and executed this tender together with your written acceptance thereof, shall constitute a binding Contract between us. 5. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this day of 20 Signature in the capacity of duly authorized to sign tenders for and on behalf of [Name of Contractor ] of [Address of Contractor] Rubberstamp of Contractor: Witness; Name Address Signature Date
- 177. 64 LETTER OF ACCEPTANCE [letterhead paper of the Employer] _[date] To: [name of the Contractor] [address of the Contractor] Dear Sir, This is to notify you that your Tender dated for the execution of [name of the Contract and identification number,as given in the Tender documents] for the Contract Price of Kshs. [amount in figures][Kenya Shillings (amount in words) ] in accordance with the Instructions to Tenderers is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents. Authorized Signature ………………………………………………………………… Name and Title of Signatory ………………………………………………………… Attachment : Agreement
- 178. 65 FORM OF AGREEMENT THIS AGREEMENT, made the between day of 20 of[or whose registered office is situated at] (hereinafter called “the Employer”) of the one part AND of[or whose registered office is situated at] (hereinafter called “the Contractor”) of the other part. WHEREAS THE Employer is desirous that the Contractor executes (name and identification number of Contract ) (hereinafter called “the Works”) located at [Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein for the Contract Price of Kshs [Amount in figures],Kenya Shillings [Amount in words]. NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and shall be read and construed as part of this Agreement i.e. (i) Letter of Acceptance (ii) Form of Tender (iii) Conditions of Contract Part I (iv) Conditions of Contract Part II and Appendix to Conditions of Contract (v) Specifications (vi) Drawings (vii) Priced Bills of Quantities 3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the
- 179. 66 remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written. The common Seal of Was hereunto affixed in the presence of Signed Sealed, and Delivered by the said Binding Signature of Employer _ Binding Signature of Contractor In the presence of (i) Name Address Signature [ii] Name Address Signature
- 180. 67 FORM OF TENDER SECURITY WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his tender dated ………………………… for the construction of ……………………………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20………… THE CONDITIONS of this obligation are: 1. If after tender opening the tenderer withdraws his tender during the period of tender validity specified in the instructions to tenderers Or 2. If the tenderer, having been notified of the acceptance of his tender by the Employer during the period of tender validity: (a) fails or refuses to execute the form of Agreement in accordance with the Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Tenderers; We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the said date. [date[ [signature of the Bank] [witness] [seal]
- 181. 68 PERFORMANCE BANK GUARANTEE To: (Name of Employer) (Address of Employer) Dear Sir, (Date) WHEREAS (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. (hereinafter called “the Works”); dated to execute AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Kshs. (amount of Guarantee in figures) Kenya Shillings (amount of Guarantee in words), and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Kenya Shillings (amount of Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change, addition or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any change, addition, or modification. This guarantee shall be valid until the date of issue of the Certificate of Completion. SIGNATURE AND SEAL OF THE GUARANTOR Name of Bank Address Date
- 182. 69 BANK GUARANTEE FOR ADVANCE PAYMENT To: [name of Employer] (Date) [address of Employer] Gentlemen, Ref: [name of Contract] In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We, [name and Address of Contractor] (hereinafter called “the Contractor”) shall deposit with [name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Contract in an amount of Kshs. [amount of Guarantee in figurers] Kenya Shillings [amount of Guarantee in words]. We, [bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding Kshs [amount of Guarantee in figures] Kenya Shillings [amount of Guarantee in words], such amount to be reduced periodically by the amounts recovered by you from the proceeds of the Contract. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between [name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. No drawing may be made by you under this guarantee until we have received notice in writing from you that an advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until (name of Employer) receives full payment of the same amount from the Contract. Yours faithfully, Signature and Seal Name of the Bank or financial institution Address Date
- 184. 71 QUALIFICATION INFORMATION 1. Individual Tenderers or Individual Members of Joint Ventures 1.1 Constitution or legal status of tenderer (attach copy or Incorporation Certificate); Place of registration: Principal place of business Power of attorney of signatory of tender 1.2 Total annual volume of construction work performed in the last five years Year Volume Currency Value 1.3 Work performed as Main Contractor on works of a similar nature and volume over the last five years. Also list details of work under way or committed, including expected completion date. Project name Name of clientType of work Value of and contact performed and Contract person year of completion _ 1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all information requested below. Item of Description, Condition(new, Owned, leased Equipment Make and age good, poor) and (from whom?), or (years) number available to be purchased (from whom?) (etc.) 1.5 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data.
- 185. 72 Position Name Years of experience (general) Years of experience in proposed position Project Manager (etc.) 1.6 Financial reports for the last five years: balance sheets, profit and loss statements, auditor’s reports, etc. List below and attach copies. 1.7 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List below and attach copies of supportive documents. 1.8 Name, address and telephone, telex and facsimile numbers of banks that may provide reference if contacted by the Employer. 1.9 Statement of compliance with the requirements of Clause 1.2 of the Instructions to Tenderers. 1.10 Proposed program (work method and schedule) for the whole of the Works. 2 Joint Ventures 2.4 The information listed in 1.1 – 1.10 above shall be provided for each partner of the joint venture. 2.5 The information required in 1.11 above shall be provided for the joint venture. 2.6 Attach the power of attorney of the signatory(ies) of the tender authorizing signature of the tender on behalf of the joint venture
- 186. 73 2.7 Attach the Agreement among all partners of the joint venture ( and which is legally binding on all partners), which shows that: a) all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms; b) one of the partners will be nominated as being in charge, authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture; and c) the execution of the entire Contract, including payment, shall be done exclusively with the partner in charge.
- 187. 74 TENDER QUESTIONNAIRE Please fill in block letters. 1. Full names of tenderer ……………………………………………………………………………………… 2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has been appointed below) ……………………………………………………………………………………… 3. Telephone number (s) of tenderer ……………………………………………………………………………………… 4. Telex address of tenderer ……………………………………………………………………………………… 5. Name of tenderer’s representative to be contacted on matters of the tender during the tender period ……………………………………………………………………………………… 6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential if the tenderer does not have his registered address in Kenya (name, address, telephone, telex) ……………………………………………………………………………………… ……………………………………………………………………………………… Signature of Tenderer Make copy and deliver to: (Name of Employer)
- 188. 75 CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) and 2 (d) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this Form. Part 1 – General Business Name ……………………………………………………………………… Location of business premises; Country/Town………………………. Plot No……………………………………… Street/Road ………………………… Postal Address……………………………… Tel No……………………………….. Nature of Business………………………………………………………………….. Current Trade Licence No…………………… Expiring date………………… Maximum value of business which you can handle at any time: K. pound……………………….. Name of your bankers……………………………………………………………… Branch………………………………………………………………………………… Part 2 (a) – Sole Proprietor Your name in full…………………………………… Age………………………… Nationality………………………………… Country of Origin………………… *Citizenship details ………………………………………………………………… Part 2 (b) – Partnership Give details of partners as follows: Name in full Nationality Citizenship Details Shares 1…………………………………………………………………………………… 2…………………………………………………………………………………… 3…………………………………………………………………………………… Part 2(c) – Registered Company: Private or public…………………………………………………………… State the nominal and issued capital of the Company-
- 189. 76 Nominal Kshs………………………………………………………………… Issued Kshs…………………………………………………………………… Give details of all directors as follows: Name in full . Nationality. Citizenship Details*. Shares. 1. ……………………………………………………………………………………… 2. ……………………………………………………………………………………… 3. ……………………………………………………………………………………… 4. ……………………………………………………………………………………… Part 2(d) – Interest in the Firm: Is there any person / persons in …………… ………(Name of Employer) who has interest in this firm? Yes/No………………………(Delete as necessary) I certify that the information given above is correct. ……………………… ……………………… ………………… (Title) (Signature) (Date) • Attach proof of citizenship
- 190. 77 STATEMENT OF FOREIGN CURRENCY REQUIREMENTS (NOT APPLICABLE) (See Clause 23] of the Conditions of Contract) In the event of our Tender for the execution of (name of Contract) being accepted, we would require in accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the following percentage: (Figures)………………………… (Words)………………………………… of the Contract Sum, (Less Fluctuations) to be paid in foreign currency. Currency in which foreign exchange element is required: ……………………………………………………………………………………… Date: The ………… Day of …………….. 20……………. Enter 0% (zero percent) if no payment will be made in foreign currency. Maximum foreign currency requirement shall be _ (percent) of the Contract Sum, less Fluctuations. (Signature of Tenderer)
- 191. 78 DETAILS OF SUB-CONTRACTORS If the Tenderer wishes to sublet any portions of the Works under any heading, he must give below details of the sub-contractors he intends to employ for each portion. Failure to comply with this requirement may invalidate the tender. (1) Portion of Works to be sublet: ……………………………… [i) Full name of Sub-contractor and address of head office: ……………………………… ……………………………… (ii) Sub-contractor’s experience of similar works carried out in the last 3 years with Contract value: ……………………………… ……………………………… ……………………………… (2) Portion of Works to sublet: ……………………………… (i) Full name of sub-contractor and address of head office: ……………………………… ……………………………… ……………………………… (ii) Sub-contractor’s experience of similar works carried out in the last 3 years with contract value: …………………………… …………………………… [Signature of Tenderer) Date
- 192. 79 LETTER OF NOTIFICATION OF AWARD Address of Procuring Entity To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you. 1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter. 3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award. (FULL PARTICULARS) SIGNED FOR ACCOUNTING OFFICER
- 193. 80 FORM RB 1 REPUBLIC OF KENYA PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD APPLICATION NO…………….OF……….….20……... BETWEEN …………………………………………….APPLICANT AND …………………………………RESPONDENT (Procuring Entity) Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated the…day of ………….20……….in the matter of Tender No………..…of …………..20… REQUEST FOR REVIEW I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to review the whole/part of the above mentioned decision on the following grounds , namely:- 1. 2. etc. By this memorandum, the Applicant requests the Board for an order/orders that: - 1. 2. etc SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20… FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of ………....20….……… SIGNED Board Secretary
- 194. 81 SECTION IX - BILLS OF QUANTITIES
- 195. SECTION IX BILLS OF QUANTITIES PARTICULAR PRELIMINARIES PP / 1
- 196. ITEM DESCRIPTION AMNT PARTICULAR PRELIMINARIES A EMPLOYER The “Employer” is The Fund Account Manager EMBAKASI CENTRAL NGCDF P.O BOX 871-00518 - NAIROBI The term "Employer" and "Government" wherever used in the contract document shall be synonymous B DESCRIPTION OF THE WORKS The works to be carried out under this contract comprise Proposed Boundary Wall To Komarock Primary School- 520m Long.. including the associated Electrical and Mechanical Services, civil works and external works all as per drawings and Bills of Quantities Total carried to collections PP / 2
- 197. ITEM DESCRIPTION AMNT A LOCATION OF SITE The site of the proposed works is- KOKAROCK PRIMARY SCHOOL , NAIROBI COUNTY. The Contractor is advised to visit the site, to familiarize with the nature and position of the site. No claims arising from the Contractor’s failure to do so will be entertained. B BID BOND A bid bond shall be required in the amount stated here or in the invitation to tender or advertisement Bid bond amount 2 percent of tender sum Bid bond shall be from EITHER an approved insurance company or bank. C CLEARING AWAY The Contractor shall remove all temporary works, rubbish, debris and surplus materials from the site as they accumulate and upon completion of the works, remove and clear away all plant, equipment, rubbish, unused materials and stains and leave in a clean and tidy state to the reasonable satisfaction of the Project Manager. The whole of the works shall be delivered up clean, complete and in perfect condition in every respect to the satisfaction of the Project Manager. D WORKING CONDITIONS This is a virgin site The contractor must allow for compliance with all County & Civic Authority laws & regulations Total carried to collections PP / 3
- 198. ITEM DESCRIPTION AMNT A CLAIMS It shall be a condition of this contract that upon it becoming reasonably apparent to the Contractor that he has incurred losses and/or expenses due to any of the contract conditions, or by any other reason whatsoever, he shall present such claim or intent to claim notice to the PROJECT MANAGER within the contract period. No claims shall be entertained upon the expiry of the said contract period. B LABOUR CAMPS The Contractor shall not be allowed to house labour on site. Allow for transporting workers to and from the site during the tenure of the contract. C PRICING RATES i The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. ii Items for which no rate or price is entered by the tenderer shall be deemed to be covered in the rates and prices of the priced items in the Bill of Quantities. iii The tenderer shall include for all costs in executing the whole of the works, including transport, replacing damaged items, fixing, all to comply with the Conditions of Contract. iv Prices quoted must be in Kenya shillings . v Prices shall remain valid for one hundred twenty (120) days from the closing date of tender. vi The rates and prices quoted by the tenderer shall only be subject to adjustment during the performance of the Contract if provided for in the Appendix to Conditions of Contract and provisions made in the Conditions of Contract. Total carried to collections PP / 4
- 199. ITEM DESCRIPTION AMNT A MATERIALS FROM DEMOLITIONS Any materials arising from demolitions SHALL NOT BE re-used and shall become the property of the client unless otherwise advised. B URGENCY OF THE WORKS The Contractor is notified that these “works are urgent” and should be completed within the period stated in Particular Preliminaries.The Contractor shall allow in his rates for any costs he/she may incur by having to complete the works within the stipulated contract period C PAYMENT FOR MATERIALS ON SITE All materials for incorporation in the works must be stored on site before payment is effected, unless specifically exempted by the Project Manager. This is to include materials of the Contractor and nominated sub-Contractors. Total carried to collections PP / 5
- 200. ITEM DESCRIPTION AMNT A ADVANCE PAYMENTS The tenderer’s attention is drawn to the fact that the Government does not make advance payments. B EXISTING SERVICES Prior to the commencement of any work, the Contractor is to ascertain from the relevant authority the exact position, depth and level of all existing services in the area and shall make whatever provisions may be required by the authorities for the support, maintenance and protection of such services. C MEASUREMENTS In the event of any discrepancies arising between the Bills of Quantities and the actual works, the site measurements shall take precedence. However, such discrepancies between any contract documents shall immediately be referred to the PROJECT MANAGER in accordance with Clause 22 of the Conditions of Contract. The discrepancies shall then be treated as a variation and be dealt with in accordance with Clause 22 of the said Conditions. Total carried to collections PP / 6
- 201. ITEM DESCRIPTION AMNT A VALUE ADDED TAX The Contractor’s attention is drawn to the Legal Notice in Finance Act part 3 Section 21(b) operative from 1 st September, 1993 which requires payment of VAT on all contracts. In accordance with Government public notice No. 35 & 36 Dated 11th September 2003 operational from 1st October 2003, withholding VAT is to be levied against the contract sum by the Employer and remitted to the Commissioner of VAT through interim certificates. The contractor shall include V.A.T in the Grand Summary page as indicated herein. B SECURITY FOR THE WORKS The Contractor shall allow for providing adequate security for the works and the workers in the course of execution of this contract. No claim will be allowed from the Contractor for not maintaining adequate security for both the works and workers. C File security cabinet Supply & deliver 2 No X 6 drawer metal filing cabinet both code and key operated for contract documents as "AIKO" or " EALGLE" or other equally approved Carried to collection PP / 7
- 202. ITEM DESCRIPTION AMNT PARTICULARS OF INSERTIONS TO BE MADE IN APPENDIX TO CONTRAT AGREEEMENT The following are the insertions to be made in the appendix to the contract Agreement:- A Period of Final Measurement 3 Months from Practical Completion B Defects Liability Period 6 Months from Practical Completion C Date for Possession To be agreed with the Project Manager D Date for Completion FORTY (40) WEEKS from the Date of possession E Liquidated and Ascertained Damages At a rate of KSh 100,000 Per week or part thereof F Period of Interim Certificates Monthly G Period of Honouring Certificates 30Days H Percentage of Certified Value Retained 10% I Limit of Retention Fund 10% Total carried to collections PP / 9
- 203. ITEM DESCRIPTION AMNT COLLECTION Brought forward from page PP/2 Brought forward from page PP/3 Brought forward from page PP/4 Brought forward from page PP/5 Brought forward from page PP/6 Brought forward from page PP/7 Brought forward from page PP/8 Brought forward from page PP/9 TOTAL CARRIED TO GRAND SUMMARY PP / 10
- 204. GENERAL PRELIMINARIES GP / 1
- 205. ITEM DESCRIPTION AMNT GENERAL PRELIMINARIES A. PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES Prices will be inserted against items of Preliminaries in the Contractor's priced Bills of Quantities and Specification. The Contractor shall be deemed to have included in his prices or rates for the various items in the Bills of Quantities or Specification for all costs involved in complying with all the requirements for the proper execution of the whole of the works in the Contract. Failure to price an item shall not exempt the contractor from carrying out works described therein. Should the contractor fail to carry out works which he/she did not price and after having received a written instruction from the Project Manager, then the value of such works shall be deducted from the very immediate certificate issued to the contractor. MoPW current rates, JBC, IQSK, manufacturers or fair rates shall be used by the PM in valuation of unpriced items which the contractor shall fail to execute. The contractor is advised to read and understand all preliminary items. The Contractor is advised to visit the site, to familiarize with the nature and position of the site. No claims arising from the Contractor’s failure to do so will be allowed. B FORM OF CONTRACT The Form of Contract shall be as stipulated in the Republic of Kenya's Standard Tender Document for Procurement of Building Works (2007 Edition) included herein. The Conditions of Contract are also included herein. Total carried to collections GP / 2
- 206. ITEM DESCRIPTION AMNT A FIRM PRICE CONTRACT Unless otherwise specifically stated in the Contract Data and/or Particular preliminaries this is a firm price contract and the contractor must allow in his tender rates for any increase in the cost of labour and/or materials during the execution of the contract. B VISIT SITE AND EXAMINE DRAWINGS. The Contractor is recommended to examine the drawings and visit the site the location of which is described in the Particular Preliminaries hereof. He shall be deemed to have acquainted himself therewith as to its nature, position, means of access or any other matter which, may affect his tender. No claim arising from his failure to comply with this recommendation will be considered. C BONDS. The Contractor shall find and submit on the Form of Tender a guarantor who will be willing to be bound by the Government in the amount of the bond The amount of the bond is SPECIFIED IN THE PARTICULAR PRELIMINARIES The guarantor shall be an approved institution as specified in the particular preliminaries or invitation to tender and who will when and if called upon, sign a Bond to that effect on the relevant standard form included herein. (without the addition of any limitations) on the same day as the Contract Agreement is signed, by the Government, the Contractor shall furnish within seven days another Surety to the approval of the Government. Total carried to collections GP / 3
- 207. ITEM DESCRIPTION AMNT A PERFORMANCE BOND 5% bond shall be required from the specified institution The period for supplying the bond shall be 14 days. No contract shall be signed, NOR shall any payment be made before the bidder has complied with the bond requirements Failure to deliver the bond within the specified period shall automatically disqualify the bidder and the tender shall be awarded to next most reponsive bidder without reference to the defaulting bidder. Should the bidder commence works and subsequently fail to provide the bond, he shall be evicted from site without any reimbursement not withstanding the site having been handed over by the PM and client. The handing over only kickstarts the process and is not a waiver to bond conditions. The bond for the due performances of the Contract shall be valid up to the date of completion as certified by the PROJECT MANAGER Any bond which provides otherwise or attempts to vary the duration of validity shall be invalid The bond shall comply in all respects with the PPOA copy enclosed in the instructions to tender. A bond that does not match the PPOA copy shall be treated as NO BOND! The contractor shall provide a bid security duly signed, sealed and stamped from an approved Bank of required amount in the particular preliminaries B BID BOND A bid bond shall be required in the amount stated here or in the invitation to tender or advertisement Total carried to collections GP / 4
- 208. ITEM DESCRIPTION AMNT A EXCEPTION TO THE STANDARD METHOD OF MEASUREMENT Attendance ; Clause B19(a) of the Standard Method of Measurement is deleted and the following clause is substituted:- Attendance on nominated Sub-Contractors shall be given as an item in each case shall be deemed to include: allowing use of standing scaffolding, mess rooms, sanitary accommodation and welfare facilities; provision of special scaffolding where necessary;providing space for office accommodation and for storage of plant and materials;providing light and water for their work: clearing away rubbish; unloading checking and hoisting: providing electric power and removing and replacing duct covers, pipe casings and the like necessary for the execution and testing of Sub- Contractors' work and being responsible for the accuracy of the same. Fix Only:- "Fix Only" shall mean take delivery at nearest railway station (Unless otherwise stated), pay all demurrage charges, load and transport to site where necessary, unload, store, unpack, assemble as necessary, distribute to position, hoist and fix only. B NCA CONSTRUCTION LEVY The contractor shall allow for the payment of NCA construction levy of 0.5% of the construction cost required under NCA Act Sec 31(2) for all projects over KES 5,000,000/= Total carried to collections GP / 5
- 209. ITEM DESCRIPTION AMNT A ABBREVIATIONS Throughout these Bills units of measurement and terms are abbreviated and shall be interpreted as follows:- CM or Cm Shall mean cubic meter SM or Sm Shall mean square meter LM or Lm Shall mean linear meter MM or mm Shall mean Millimeter KG or Kg. Shall mean Kilogramme No or Nr Shall mean Number PRS or Prs. Shall mean Pairs B.S. Shall mean the British Standard Specification Published by the British Standards Institution, 2 Park Street, London W.I England M.S. Shall mean measured separately Ditto shall mean the whole of the preceding description except as qualified in the description in which it occurs. Do shall mean the whole of the preceding description except as qualified in the description in which it occurs. a.b. Shall mean as before described a.b.d. Shall mean as before described Total carried to collections GP / 6
- 210. ITEM DESCRIPTION AMNT PARTIES TO THE CONTRACT A EMPLOYER The “Employer” is AS DEFINED UNDER PARTICULAR PRELIMINARIES The term "Employer" and "Government" wherever used in the contract document shall be synonymous B PROJECT MANAGER shall be -: The term "P.M." wherever used in these Bills of Quantities shall be deemed to imply the Project Manager as defined in Condition 1 of the Conditions of Contract or such person or persons as may be duly authorised to represent him on behalf of the Government. In this Project, the Project Manager shall be -: THE DIRECTOR PROJECT MANAGEMENT NAIROBI COUNTY P.O. BOX 300175 NAIROBI C ARCHITECT The term "Architect" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above D QUANTITY SURVEYOR The term "Quantity Surveyor" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above Total carried to collections GP / 7
- 211. ITEM DESCRIPTION AMNT A ELECTRICAL ENGINEER The term "Electrical Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above B MECHANICAL ENGINEER The term "Mechanical Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above C STRUCTURAL ENGINEER The term "Structural Engineer" shall be deemed to mean "The P.M." as defined above whose address unless otherwise notified is as above Total carried to collections GP / 8
- 212. ITEM DESCRIPTION AMNT A PLANT, TOOLS AND VEHICLES Allow for providing all scaffolding, plant, tools and vehicles required for the works except in so far as may be stated otherwise herein and except for such items specifically and only required for the use of nominated Sub-Contractors as described herein. No timber used for scaffolding, formwork or temporary works of any kind shall be used afterwards in the permanent work. B TRANSPORT. Allow for transport of workmen, materials, etc., to and from the site at such hours and by such routes as may be permitted by the competent authorities. C MATERIALS AND WORKMANSHIP. All materials and workmanship used in the execution of the work shall be of the best quality and description unless otherwise stated. The Contractor shall order all materials to be obtained from overseas immediately after the Contract is signed and shall also order materials to be obtained from local sources as early as necessary to ensure that they are onsite when required for use in the works. The Bills of Quantities shall not be used for the purpose of ordering materials. D SIGN FOR MATERIALS SUPPLIED. The Contractor will be required to sign a receipt for all articles and materials supplied by the PROJECT MANAGER at the time of taking deliver thereof, as having received them in good order and condition, and will thereafter be responsible for any loss or damage and for replacements of any such loss or damage with articles and/or materials which will be supplied by the PROJECT MANAGER at the current market prices including Customs Duty and V.A.T., all at the Contractor's own cost and expense, to the satisfaction of the PROJECT MANAGER Total carried to collections GP / 9
- 213. ITEM DESCRIPTION AMNT A STORAGE OF MATERIALS The Contractor shall provide at his own risk and cost where directed on the site weather proof lock-up sheds and make good damaged or disturbed surfaces upon completion to the satisfaction of the PROJECT MANAGER Nominated Sub-Contractors are to be made liable for the cost of any storage accommodation provided especially for their use. B SAMPLES The Contractor shall furnish at his own cost any samples of materials or workmanship including concrete test cubes required for the works that may be called for by the PROJECT MANAGER for his approval until such samples are approved by the PROJECT MANAGER and the PROJECT MANAGER, may reject any materials or workmanship not in his opinion to be up to approved samples. The PROJECT MANAGER shall arrange for the testing of such materials as he may at his discretion deem desirable, but the testing shall be made at the expense of the Contractor and not at the expense of the PROJECT MANAGER PROVIDED THEY PASS THE TEST. The Contractor shall pay for the testing in accordance with the current scale of testing charges laid down by the Ministry of Public Works. The procedure for submitting samples of materials for testing and the method of marking for identification shall be as laid down by the PROJECT MANAGER The Contractor shall allow in his tender for such samples and tests except those in connection with nominated sub- contractors' work. Samples of paint, carpets, curtains & covers, tiles & timber shall be required for approval by the PM together with the employer. No alternte rate shall be offered on account that the employer has chosen a superior finish unless the bidder had attached the sample he priced. Total carried to collections GP / 10
- 214. ITEM DESCRIPTION AMNT A PUBLIC AND PRIVATE ROADS. Maintain as required throughout the execution of the works and make good any damage to public or private roads arising from or consequent upon the execution of the works to the satisfaction of the local and other competent authority and the PROJECT MANAGER B EXISTING PROPERTY. The Contractor shall take every precaution to avoid damage to all existing property including roads, cables, drains and other services and he will be held responsible for and shall make good all such damage arising from the execution of this contract at his own expense to the satisfaction of the PROJECT MANAGER C ACCESS TO SITE AND TEMPORARY ROADS. Means of access to the Site shall be agreed with the PROJECT MANAGER prior to commencement of the work and Contractor must allow for building any necessary temporary access roads for the transport of the materials, plant and workmen as may be required for the complete execution of the works including the provision of temporary culverts, crossings, bridges, or any other means of gaining access to the Site. Upon completion of the works, the Contractor shall remove such temporary access roads; temporary culverts, bridges, etc., and make good and reinstate all works and surfaces disturbed to the satisfaction of the PROJECT MANAGER D AREA TO BE OCCUPIED BY THE CONTRACTOR The area of the site which may be occupied by the Contractor for use of storage and for the purpose of erecting workshops, etc., shall be defined on site by the PROJECT MANAGER Total carried to collections GP / 11
- 215. ITEM DESCRIPTION AMNT A SECURITY OF WORKS ETC. The Contractor shall be entirely responsible for the security of all the works stores, materials, plant, personnel, etc., both his own and sub- contractors' and must provide all necessary watching, lighting and other precautions as necessary to ensure security against theft, loss or damage and the protection of the public. B PROGRESS CHART. The Contractor shall provide within two weeks of Possession of Site and in agreement with the PROJECT MANAGER a Progress Chart for the whole of the works including the works of Nominated Sub- Contractors ; one copy to be handed to the PROJECT MANAGER and a further copy to be retained on Site. Progress to be recorded and chart to be amended as necessary as the work proceeds. C INSURANCE The Contractor shall insure as required in Conditions No. 30 of the Conditions of Contract. No payment on account of the work executed will be made to the Contractor until he has satisfied the PROJECT MANAGER either by production of an Insurance Policy or and Insurance Certificate that the provision of the foregoing Insurance Clauses have been complied with in all respects. Thereafter the PROJECT MANAGER shall from time to time ascertain that premiums are duly paid up by the Contractor who shall if called upon to do so, produce the receipted premium renewals for the PROJECT MANAGER's D CONTRACTOR'S SUPERINTENDENCE/SITE AGENT The Contractor shall constantly keep on the works a literate English speaking Agent or Representative, competent and experienced in the kind of work involved who shall give his whole experience in the kind of work involved and shall give his whole time to the superintendence of the works. Such Agent or Representative shall receive on behalf of the Contractor all directions and instructions from the Project Manager and such directions shall be deemed to have been given to the Contractor in accordance with the Conditions of Contract. Total carried to collections GP / 12
- 216. ITEM DESCRIPTION AMNT A PROVISIONAL WORK All work described as "Provisional" in these Bills of Quantities is subject to remeasurement in order to ascertain the actual quantity executed for which payment will be made. All "Provisional" and other work liable to adjustment under this Contract shall left uncovered for a reasonable time to allow all measurements needed for such adjustment to be taken by the PROJECT MANAGER Immediately the work is ready for measuring, the Contractor shall give notice to the PROJECT MANAGER. If the Contractor makes default in these respects he shall if the PROJECT MANAGER so directs uncover the work to enable all measurements to be taken and afterwards reinstate at his own expense. B PROVISIONAL SUMS. The term "Provisional Sum" wherever used in these Bills of Quantities shall have the meaning stated in Section A item A7(i) of the Standard Method of Measurement.Such sums are net and no addition shall be made to them for profit. C ADJUSTMENT OF PROVISIONAL SUMS. In the final account all Provisional Sums shall be deducted and the value of the work properly executed in respect of them upon the PROJECT MANAGER's order added to the Contract Sum. Such work shall be valued , but should any part of the work be executed by a Nominated Sub-Contractor, the value of such work or articles for the work to be supplied by a Nominated Supplier, the value of such work or articles shall be treated as a P.C. Sum and profit and attendance comparable to that contained in the priced Bills of Quantities for similar items added. Total carried to collections GP / 13
- 217. ITEM DESCRIPTION AMNT A PRIME COST (OR P.C.) SUMS. The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of Quantities shall have the meaning stated in Section A item A7 (ii) of the Standard Method of Measurement . Persons or firms nominated by the PROJECT MANAGER to execute work or to provide and fix materials or goods are described herein as Nominated Sub- Contractors.Persons or firms so nominated to supply goods or materials are described herein as Nominated Suppliers. B ADJUSTMENT OF P.C. SUMS. In the final account all P.C. Sums shall be deducted and the amount properly expended upon the PROJECT MANAGER'S order in respect of each of them added to the Contract sum. The Contractor shall produce to the PROJECT MANAGER such quotations, invoices or bills, properly receipted, as may be necessary to show the actual details of the sums paid by the Contractor. Items of profit upon P.C. Sums shall be adjusted in the final account pro-rata to the amount paid. Items of "attendance" (as previously described) following P.C. Sums shall be adjusted pro-rata to the physical extent of the work executed (not pro- rata to the amount paid) and this shall apply even though the Contractor's priced Bill shows a percentage in the rate column in respect of them. Should the Contractor be permitted to tender and his tender be accepted of any work for which a P.C. Sum is included in these Bill of Quantities profit and attendance will be allowed at the same rate as it would be if the work were executed by a Nominated Sub-Contractor. C NOMINATED SUB-CONTRACTORS When any work is ordered by the PROJECT MANAGER to be executed by nominated sub-contractors, the Contractor shall enter into sub- contracts and shall thereafter be responsible for such sub-contractors in every respect. Unless otherwise described the Contractor is to provide for such Sub-Contractors any or all of the facilities described in these Preliminaries. The Contractor should price for these with the nominated Sub-contract Contractor's work concerned in the P.C. Sums under the description "add for Attendance". Total carried to collections GP / 14
- 218. ITEM DESCRIPTION AMNT A DIRECT CONTRACTS Notwithstanding the foregoing conditions, the Government reserves the right to place a "Direct Contract" for any goods or services required in the works which are covered by a P.C. Sum in the Bills of Quantities and to pay for the same direct. In any such instances, profit relative to the P.C. Sum the priced Bills of Quantities will be adjusted as described for P.C. Sums and allowed. B ATTENDANCE UPON OTHER TRADESMEN, ETC. The Contractor shall allow for the attendance of trade upon trade and shall afford any tradesmen or other persons employed for the execution of any work not included in this Contract every facility for carrying out their work and also for use of his ordinary scaffolding. The Contractor, however, shall not be required to erect any special scaffolding for them. The Contractor shall perform such cutting away for and making good after the work of such tradesmen or persons as may be ordered by the PROJECT MANAGER and the work will be measured and paid for to the extent executed at rates provided in these Bills. C OFFICE ETC. FOR THE PROJECT MANAGER The Contractor shall provide, erect and maintain where directed on site and afterwards dismantle the site office of the type noted in the Particular Preliminaries, complete with Furniture. He shall also provide a strong metal trunk complete with strong hasp and staple fastening and two keys. He shall provide, erect and maintain a lock-up type water or bucket closet for the sole use of the PROJECT MANAGER including making temporary connections to the drain where applicable to the satisfaction of Government and Medical Officer of Health and shall provide services of cleaner and pay all conservancy charges and keep both office and closet in a clean and sanitary condition from commencement to the completion of the works and dismantle and make good disturbed surfaces. The office and closet shall be completed before the Contractor is permitted to commence the works. The Contractor shall make available on the Site as and when required by the "PROJECT MANAGER" a modern and accurate level together with levelling staff, ranging rods and 50 metre metallic or linen tape. Total carried to collections GP / 15
- 219. ITEM DESCRIPTION AMNT A WATER AND ELECTRICITY SUPPLY FOR THE WORKS The Contractor shall provide at his own risk and cost all necessary water, electric light and power required for use in the works. The Contractor must make his own arrangements for connection to the nearest suitable water main and for metering the water used. He must also provide temporary tanks and meters as required at his own cost and clear away when no longer required and make good on completion to the entire satisfaction of the PROJECT MANAGER . The Contractor shall pay all charges in connection herewith. No guarantee is given or implied that sufficient water will be available from mains and the Contractor must make his own arrangements for augmenting this supply at his own cost. Nominated Sub--contractors are to be made liable for the cost of any water or electric current used and for any installation provided especially for their own use. B SANITATION OF THE WORKS The Sanitation of the works shall be arranged and maintained by the Contractor to the satisfaction of the Government and/or Local Authorities, Labour Department and the PROJECT MANAGER C SUPERVISION AND WORKING HOURS The works shall be executed under the direction and to the entire satisfaction in all respects of the PROJECT MANAGER who shall at all times during normal working hours have access to the works and to the yards and workshops of the Contractor and sub-Contractors or other places where work is being prepared for the contract. D PROTECTION OF THE WORKS. Provide protection of the whole of the works contained in the Bills of Quantities,including casing , casing up, covering or such other means as may be necessary to avoid damage to the satisfaction of the PROJECT MANAGER and remove such protection when no longer required and make good any damage which may nevertheless have been done at completion free of cost to the Government. Total carried to collections GP / 16
- 220. ITEM DESCRIPTION AMNT A WORKS TO BE DELIVERED UP CLEAN Clean and flush all gutters, rainwater and waste pipes, manholes and drains, wash (except where such treatment might cause damage) and clean all floors, sanitary fittings, glass inside and outside and any other parts of the works and remove all marks, blemishes, stains and defects from joinery, fittings and decorated surfaces generally, polish door furniture and bright parts of metalwork and leave the whole of the buildings watertight, clean, perfect and fit for occupation to the approval of the PROJECT MANAGER B GENERAL SPECIFICATION. For the full description of materials and workmanship, method of execution of the work and notes for pricing, the Contractor is referred to the Ministry of Roads and Public Works and Housing General Specification dated 1976 or any subsequent revision thereof which is issued as a separate document, and which shall be allowed in all respects unless it conflicts with the General Preliminaries, Trade Preambles or other items in these Bills of Quantities. C TRAINING LEVY The Contractor's attention is drawn to legal notice No. 237 of October, 1971, which requires payment by the Contractor of a Training Levy at the rate of 1/4 % of the Contract sum on all contracts of more than Kshs. 50,000.00 in value. D MATERIALS ON SITE All materials for incorporation in the works must be stored on or adjacent to the site before payment is effected unless specifically exempted by the PROJECT MANAGER. This includes the materials of the Main Contractor, Nominated Sub-Contractors and Nominated Suppliers. Total carried to collections GP / 17
- 221. ITEM DESCRIPTION AMNT A HOARDING The Contractor shall enclose the site or part of the works under construction with a hoarding 2400 mm high consisting of iron sheets on 100 x 50 mm timber posts firmly secured at 1800 mm centers with two 75 x 50 mm timber rails for a total length of approximately three hundred meters. The Contractor is in addition required to take all precautions necessary for the safe custody of the works, materials, plant, public and Employer's property on the site. B ALTERATIONS TO BILLS, PRICING, ETC. Any unauthorized alteration or qualification made to the text of the Bills of Quantities may cause the Tender to be disqualified and will in any case be ignored. The Contractor shall be deemed to have made allowance in his prices generally to cover any items against which no price has been inserted in the priced Bills of Quantities. All items of measured work shall be priced in detail and the Tenders containing Lump Sums to cover trades or groups of work must be broken down to show the price of each item before they will be accepted. C MATERIALS ARISING FROM EXCAVATIONS Materials of any kind obtained from the excavations shall be the property of the Government. Unless otherwise provided for in the particular preliminaries. Such materials shall only be used in the works, in substitution of materials which the Contractor would otherwise have had to supply with the written permission of the PROJECT MANAGER Should such permission be given, the Contractor shall make due allowance for the value of the materials so used at a price to be agreed. D PREVENTION OF ACCIDENT, DAMAGE OR LOSS The Contractor is notified that these works are to be carried out on a restricted site where the client is going on with other normal activities. The Contractor is instructed to take reasonable care in the execution of the works as to prevent accidents, damage or loss and disruption of normal activities being carried out by the Client. The Contractor shall allow in his rates any expense he deems necessary by taking such care within the site. Total carried to collections GP / 18
- 222. ITEM DESCRIPTION AMNT A GOVERNMENT ACTS REGARDING WORKPEOPLE ETC. Allow for complying with all Government Acts, Orders and Regulations in connection with the employment of Labour and other matters related to the execution of the works. In particular, the Contractor's attention is drawn to the provisions of the Factory Act 1950 and his tender must include for all costs arising or resulting from compliance with any Act, Order or Regulation relating to Insurances, pensions and holidays for workpeople or so the safety, health and welfare of the workpeople. The Contractor must make himself fully acquainted with current Acts and Regulations, including Police Regulations regarding the movement, housing, security and control of labour, labour camps , passes for transport, etc. It is most important that the Contractor, before tendering, shall obtain from the relevant Authority the fullest information regarding all such regulations and/or restrictions which may affect the information regarding all such regulations and/or restrictions which may affect the organization of the works, supply and control of labour, etc., and allow accordingly in his tender. No claim in respect of want of knowledge in this connection will be entertained. B REMOVAL OF RUBBISH ETC. Removal of rubbish and debris from the Buildings and site as it accumulates and at the completion of the works and remove all plant, scaffolding and unused materials at completion. C BLASTING OPERATIONS Blasting will only be allowed with the express permission of the PROJECT MANAGER in writing. All blasting operations shall be carried out at the Contractor's sole risk and cost in accordance with any Government regulations in force for the time being, and any special regulations laid down by the PROJECT MANAGER governing the use and storage of explosives. D SIGNBOARD Allow for providing, erecting, maintaining throughout the course of the Contract and afterwards clearing away a signboard as designed, specified and approved by the Project Manager. Total carried to collections GP /
- 223. ITEM DESCRIPTION AMNT COLLECTION Brought Forward From Page GP/2 Brought Forward From Page GP/3 Brought Forward From Page GP/4 Brought Forward From Page GP/5 Brought Forward From Page GP/6 Brought Forward From Page GP/7 Brought Forward From Page GP/8 Brought Forward From Page GP/9 Brought Forward From Page GP/10 Brought Forward From Page GP/11 Brought Forward From Page GP/12 Brought Forward From Page GP/13 Brought Forward From Page GP/14 Brought Forward From Page GP/15 Brought Forward From Page GP/16 Brought Forward From Page GP/17 Brought Forward From Page GP/18 Brought Forward From Page GP/19 Total Carried to Main Summary GP / 20
- 225. PROPOSED BOUNDARY WALL TO KOMAROCK PRIMARY SCHOOL-520m LONG Item Description Unit Qty Rate Kshs. SUB-STRUCTURE (All Provisional) A. Clear site of grass shrubs, thicket, fully groun kaiyaples undergrouth grub up of roots aand full grown trees lm 520 500 260,000 B Mechanically Excavate for strip foundation trenches not exceeding 1.5 meters from stripped ground level and dispose of as directed cm 468 600 280,800 C Excavate for for column bases occuring not not exceeding 1.5m starting from stripped level cm 13 550 7,150 D Allow for upholding sides of excavations by plunking and strutting to sides of excavations Item 50,000 E Allow for keeping excavations free from water by pumping, bailing of other approved means Item 50,000 F Extra over for excavating in rock of any class cm 25 1200 30,000 G Return fill and ram selected excavated material around excavations cm 340 300 102,000 H Load and cart away surplus excavated material as directed by the consultant cm 135 600 81,000 - I 50mm thick plain concrete 1:4:8 blinding under - foundations sm 312 1300 405,600 - Vibrated reinforced concrete (1:2:4/20-20mm aggregate as described in - - J Strip Foundations cm 64 13000 832,000 - K Column Bases cm 13 13000 169,000 - L Columns below and above aground cm 24 13000 312,000 - To summary 2,579,550 Page 1
- 226. Item Description Unit QuantityRate Kshs. Steel Reinforcement Bar/rod reinforcement including bending hooks tying wire, cutting spacer bocks and supporting all in position. (Measured nett-allow for laps) High tensile square twisted bars to B.S 4461 as described in: A 12mm diameter kg 3680 155 570,400 - B 10mm diameter kg 1324 155 205,220 - C 8mm diameter kg 1050 155 162,750 - Supply and fix sawn formwork as described to: - - D Edges of column bases exceeding 150mm not - exceeding 300m width lm 175 250 43,750 - E To columns sides sm 226 450 101,700 - F 200 Thick natural walling bedded and jointed in cement/sand - (1:3) mortar rough chisel dressed and reinforced with - and including 20swg x 25mm wide hoop iron in every - alternate course sm 735 1750 1,286,250 - G 12mm thick cement/sand wood float render to plinth area sm 520 400 208,000 - - To summary 2,578,070 Page 2
- 227. Item Description Unit Qty Rate Kshs. SUPERSTRUCTURE A Supperstructure Walling 200 thick natural walling bedded and jointed in cement/sand (1:3) mortar fine chisel dressed and reinforced with and including 20swg x 25mm wide hoop iron in every alternate course sm 1176 1750 2,058,000 - B Horizonal keys to both sides of the wall done neatly - with wire brushing to walls sm 2352 400 940,800 - C Precast concrete coping stone with throating to the entire length of the wall lm 520 500 260,000 To Summary 3,258,800 Collection From Page 1 2,579,550 From page 2 2,578,070 from Above 3,258,800 TOTAL FOR BOUNDARY WALL 8,416,420 Page 3
- 228. Item Description Kshs. PRIME COST AND PROVISIONAL SUMS A Provide a prosional sum of ksh. 150,000 for documentation 150,000 transport and allowance for suppervising Engineers B Provide a constingenecy sum of ksh. 150,000 150,000 to be expended under the direction of the Architect D Provide PMC allowance for the administartion 150,000 TOTAL FOR P.C & PROVISIONAL SUMS 450,000 Item Description Kshs. Page 4
- 229. A PRELIMINARIES 100,000 B BOUNDARY WALL 8,416,420 C PRIME COST AND PROVISIONAL SUMS 450,000 SUB TOTAL 8,966,420 ADD 16% VAT 1,434,627.20 TOTAL AMOUNT TO FORM OF TENDER 10,401,047 Amount in words (ksh.)…………………………………………………………………………… ………………………………………………………………………………………………….. …………………………………………………………………………………………………… Contractors Name……………………………………………………………………………… Address………………………………………… Sign……………………………………………….. Date………………………………………………. Witness……………………………………………. Address……………………………………………. Sign……………………………………………….. Date………………………………………………. Page 5