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Section I. Instructions to bidders1

REPUBLIC OF KENYACOUNTY GOVERNMENT OF KERICHO

PROPOSED ERECTION AND COMPLETION OF

ABLUTION BLOCKS

TENDER DOCUMENTS

TENDER NO CGK/T/002/EDUC/2016/2017

ISSU E D B Y :-COUNTY GOVERNMENT OF KERICHOCHIEF OFFICER MINISTRY OF EDUCATION, YOUTH AFFAIRS, CULTURE, SPORTS AND SOCIAL SERVICES.


Invitation for Bids (IFB)

Date Contract Identification Number

1. COUNTY GOVERNMENT OF KERICHO (name of employer and statement of Its relationship to the Borrower, if different from the Borrower) invites sealed bids for the construction of ABLUTION BLOCKS comprising of concrete strip foundations, natural stone or concrete block walls and roof covering on timber trusses. (Brief description of the Works).

2. Bidding documents (and additional copies) may be obtained at the www.kericho.go.ke. Interested bidders may obtain further information at procurement’s office or Education Department.

3. Bids shall be delivered to the tender box at the County Government offices tender Box A situated at the ground floor of the County Government Head office so as to be received on or before 10.00 AM on 11th. November 2016 .The bids will be opened immediately thereafter in the presence of the bidders representative who choose to attend.


STANDARD BIDDING DOCUMENTS

Table of Contents

I NV I T AT I O N F O R BIDS ( I FB)

VOLUME 1 STANDARD BIDDING REQUIREMENTS

Section I. Instructions to bidders .....................................................................................................5

Section II. Conditions of contract ...................................................................................................16

Section III. Standard forms ..............................................................................................................38

Qualification information...............................................................................................39

Form of Tender ..............................................................................................................43

Letter of Acceptance ......................................................................................................44

Form of Agreement........................................................................................................45

Letter of Notification of Award ......................................................................................47

VOLUME 2 SPECIFIC BIDDING REQUIREMENTS

Section IV. Bid data sheet ................................................................................................................49

Section V. Contract data .................................................................................................................51

Section VI. Specifications .................................................................................................................52

Section VII. Drawings........................................................................... Error! Bookmark not defined.

Section VIII. Bill of Quantities.............................................................................................................55


VOLUME 1

STANDARD BIDDING REQUIREMENTS

Table of Contents

Section I. Instructions to bidders .....................................................................................................5

Section II. Conditions of contract ...................................................................................................16

Section III . Standard forms ..............................................................................................................38

Qualification information...............................................................................................39

Form of Tender ..............................................................................................................43

Letter of Acceptance ......................................................................................................44

Form of Agreement........................................................................................................45

Letter of Notification of Award ......................................................................................47


Section I. Instructions to Bidders

1. Scope of Bid

1.1 The Employer as defined in the Contract Data invites bids for the construction of Works, as described in the Contract Data. The name and identification number of the Contract is provided in the Contract Data.

1.2 The successful Bidder will be expected to complete the Works by the required completion date specified in the Contract Data.

2. Eligible Bidders

2.1 This Invitation for Bids is open to all bidders from eligible countries as defined in the ADB Rules and Procedures for Procurement of Goods and Works. Any materials, equipment, and services to be used in the performance of the Contract shall have their origin in eligible source countries.

2.2 Government owned enterprises in the Borrower’s country may participate only if they can establish that they (i) are legally and financially autonomous; and (ii) operate under commercial law. No dependent agency of the Borrower or the Sub-borrower under a Bank financed project shall be permitted to bid or submit a proposal for the procurement of goods or works under the project.

3. Qualification of Bidder

3.1 All bidders shall provide in Section III - Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.

3.2 To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria specified in the Bid Data Sheet.

4. Bidder’s Bid

4.1 Each Bidder shall submit only one Bid, either individually or as a partner in a joint venture. A Bidder who submits or participates in more than one Bid will be disqualified.

4.2 Partners in a joint venture shall be jointly and severally liable for the execution of the

Contract.

5. Cost of Bidding

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


6. Site Visit

6.1 The Bidder, at the Bidder’s own responsibility and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense.

7. Content of Bidding Documents

7.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 8:

Volume 1Section I Instructions to Bidders Section II Conditions of Contract Section III Standard Forms:

Qualification Information Bid Security (Bank Guarantee) Bank Guarantee for Advance Payment

Volume 2Section IV Bid Data SheetSection V Contract Data - Amendments to Appendix to ContractSection VI SpecificationsSection VII DrawingsSection VIII Bill of Quantities or

Activity Schedule for Lump Sum Contracts.

8. Clarification of Bidding Documents

8.1 A prospective bidder may request the Employer in writing for clarifications of the bidding documents. The Employer shall respond to such requests if he receives them15 days prior to the deadline for submission of bids. The Employer shall also sendcopies of his response to all those bidders who have obtained the bidding documents, without identifying the originator of the request. Similarly, prior to the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.

9. Language of Bid

9.1 All documents relating to the Bid and Contract shall be in English.

10. Documents Comprising the Bid

10.1 The Bid submitted by the Bidder shall comprise the following:

(a) The Bid (in the format indicated in Section II);

(b) Priced Bill of Quantities;


(c) Qualification Information and Documents.

11. Bid Prices

11.1 The Contract shall be for the whole Works, as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder.

11.2 The Bidder 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 Bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.

11.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 15 days prior to the deadline for submission of bids, shall be included in the rates, prices, and total Bid price submitted by the Bidder.

11.4 The rates and prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract1 if provided for in the Bid Data Sheet and the provisions of Clause 11 of the Conditions of Contract. The Bidder shall submit with the Bid all the information required under the Contract Data.

12. Currency of Bid and Payment

12.1 The unit rates and prices shall be quoted by the Bidder entirely in the currency of the Employer’s country as specified in the Contract Data. Foreign currency requirements shall be indicated as a percentage of the Bid price (excluding provisional sums2) and shall be payable at the option of the Bidder in (a) the currency of the Bidder’s home country or (b) a currency widely used in international trade, always provided that a Bidder expecting expenditures in currency(ies) other than those stated in (a) or (b) above for portions of the foreign currency requirements, and wishing to be paid accordingly, shall indicate the relevant currencies and percentages in the Bid.

12.2 The rates of exchange to be used by the Bidder in arriving at the local currency equivalent and the percentage(s) mentioned in Sub-Clause 12.1 above shall be the selling rates for similar transactions established by the authority specified in the Bid Data Sheet prevailing on the date 15 days prior to the latest deadline for submission of bids. These exchange rates shall apply for all payments so that no exchange risk will be borne by the Bidder. If the Bidder uses other rates of exchange, the provisions of Clause 25.1 shall apply. In any case, payments will be computed using the rates quoted in the Bid.

12.3 Bidders shall indicate details of their expected foreign currency requirements in the Bid.

12.4 Bidders may be required by the Employer to clarify their foreign currency requirements and to substantiate that the amounts included in the rates and prices and in the Contract Data are reasonable and responsive to Sub-Clause 12.1.


12.513. Bid Validity

13.1 Bids shall remain valid for the period specified in the Bid Data Sheet. The Employer may request that the bidders extend the period of validity for a specified additional period. The request and the bidders’ responses shall be made in writing or by cable or by a fax. A Bidder may refuse the request in which case he may withdraw his bid without penalty. A Bidder agreeing to the request will not be required or permitted to otherwise modify the Bid.

14. Bid Security

14.1 The Bidder shall furnish, as part of the Bid, a Bid Security in local currency or in a freely convertible currency, in the amount specified in the Bid Data Sheet.3

14.2 The Bid Security shall, at the Bidder’s option, be in the form of a certified check, bank draft, letter of credit, or a bank guarantee from a reputable bank located in the country of the Employer or in any eligible country abroad. The format of the Bid Security should be in accordance with the form of Bid Security included in Section III. Bid Security shall be valid for 28 days beyond the validity of the Bid.

14.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer. The Bid Security of a joint venture must define as “bidder” all joint venture partners and list them in the following manner: a joint venture consisting of “ ,” “ ,” and “ ”.

14.4 The Bid Security of the successful Bidder will be discharged when the Bidder has signed the Agreement. The Bid Security of unsuccessful bidders will be returned within one week after concluding the contract.

14.5 The Bid Security may be forfeited:

(a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;

(b) if the Bidder does not accept the correction of the Bid price, pursuant to Clause24; or

(c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to sign the Agreement.

15. Format and Signing of Bid

15.1 The Bidder shall prepare one original of the documents comprising the Bid as described in Clause 10 of these Instructions to Bidders, with the Form of Bid, and clearly marked "ORIGINAL". In addition, the Bidder shall submit copies of the Bid, in the number specified in the Bid Data Sheet, and clearly marked as "COPIES". In the event of discrepancy between them, the original shall prevail.


15.2 The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. All pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the Bid.

15.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which case, such corrections shall be initialed by the person or persons signing the Bid.

16. Sealing and Marking of Bids

16.1 The Bidder shall seal the original and all copies of the Bid in two inner envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”.

16.2 The inner and outer envelopes shall:

(a) be addressed to the Employer at the address provided in the Bid Data Sheet;

(b) bear the name and identification number of the Contract as defined in the

Bidding and Contract Data; and

(c) provide a warning not to open before the specified time and date for Bid opening as defined in the Bid Data Sheet.

16.3 In addition to the identification required in Sub-Clause 15.2, the inner envelopes shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late, pursuant to Clause 17.1.

16.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

17. Deadline for Submission of Bids

17.1 Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the Bid Data Sheet.

17.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 8, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

18. Late Bids

18.1 Any Bid received by the Employer after the deadline prescribed in Clause 17 will be returned unopened to the Bidder.

19. Modification and Withdrawal of Bids


19.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 17.

19.2 Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 16 and 17, with the outer and inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL,” as appropriate.

19.3 No Bid may be modified after the deadline for submission of Bids.

19.4 Withdrawal of a Bid between the deadline for submission of bids and the expiration of the period of Bid validity specified in the Bid Data Sheet or as extended pursuant to Sub- Clause 17.2 will result in the forfeiture of the Bid Security pursuant to Clause 14.

19.5 Bidders may only offer discounts to, or otherwise modify the prices of their bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission. Discounts or any modification to bid prices not submitted in accordance with Clause 19 shall be rejected.

20. Bid Opening

15.1 The Employer will open the bids, including modifications in the presence of bidders representatives who choose to attend at the time and in the place specified in the Bid Data Sheet. The bidders’ names, the Bid prices, the total amount of each Bid, any discounts, the presence or absence of Bid Security, bid modifications and withdrawals will be announced by the Employer at the opening.

15.2 Bids or modifications that are not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances. In particular, any discount offered by a Bidder which is not read out at bid opening shall not be considered further.

21. Process to be Confidential

21.1 Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of his Bid.

22. Clarification of Bids

22.1 To assist in the examination, evaluation, and comparison of bids, the Employer may, at the Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid. 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 Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Clause 24.

23. Examination of Bids and Determination of Responsiveness


23.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid is substantially responsive to the requirements of the bidding documents. A substantially responsive Bid is one, which conforms to all the terms, conditions and specifications of the bidding 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 theWorks; or

(b) which limits in any substantial way, inconsistent with the documents, theEmployer’s rights or the Bidder’s obligations under the Contract; or

(c) Whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids?

23.2 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

24. Correction of Errors

24.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

(a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern;

(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 govern; and

(c) If the Bidder refuses to accept the correction his Bid will be rejected, and the Bid

Security will be forfeited in accordance with Clause 14.

25. Currency for Bid Evaluation

25.1 Bids will be evaluated as quoted in the currency of the Employer’s country as defined in the Contract Data in accordance with Sub-Clause 12.1, unless a Bidder has used different exchange rates than those prescribed in Sub-Clause 12.2, in which case the Bid will be first converted into the amounts payable in different currencies using the rates quoted in the Bid and then reconverted to the Employer’s currency using the exchange rates prescribed in Sub-Clause 12.2.

26. Evaluation and Comparison of Bids

26.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause 24.

26.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price by adjusting the Bid price as follows:


(a) Making any correction for errors pursuant to Clause 24;

(b) Excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities, but including Day works, where priced competitively; and

(c) Making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub-Clause 19.5.

26.3 The Employer may waive any minor informality or non-conformity, which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative standing of any Bidder. Variations, deviations, and alternative offers and other factors, which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in Bid evaluation.

27. Award of Contract

27.1 Subject to Clause 28, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid price, provided that such Bidder has been qualified in accordance with the provisions of Clause 3.

28. Employers Right to Accept any Bid or Reject any or all Bids

28.1 Notwithstanding Clause 27, the Employer reserves the right to accept or reject any Bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Employer’s action.

29. Notification of Award and Signing of Agreement

29.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum 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 (hereinafter and in the Contract called the "Contract Price").

29.2 The notification of award will constitute the formation of the Contract subject to theBidder signing the Agreement in accordance with Sub-Clause 29.3.

29.3 The Employer will send the successful Bidder the Agreement form provided in the bidding documents incorporating all agreements between the Employer and the successful Bidder. It will be sent to the successful bidder within 15 days following the notification of award. Within 15 days of receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.

29.4 Upon the receipt of the signed Agreement from the Bidder, the Employer will, within one week, notify the other bidders that their bids have been unsuccessful.


30. Advance Payment

30.1 The Employer will provide an Advance Payment as stipulated in the Conditions of Contract, subject to a maximum amount, as stated in the Bid Data Sheet. The Advance Payment request shall be accompanied by an Advance Payment Security (Guarantee) in the form provided in Section III. For the purpose of receiving the Advance Payment, the Bidder shall make an estimate of, and include in its Bid, the expenses that will be incurred in order to commence work. These expenses will relate to the purchase of equipment, machinery, materials, and on the engagement of labor during the first month beginning with the date of the Employer’s “Notice to Proceed” as specified in the Contract Data.

31. Fraud and Corruption

31.1 It is the Bank’s policy to require Borrowers (including beneficiaries of Bank loans and grants), as well as bidders/ suppliers/ contractors/ concessionaires under Bank- financed projects, programmes and studies, to observe the highest standards of ethics during the procurement and the execution of contracts under such projects, programmes and studies. In pursuance of this policy, the Bank requires that Borrowers shall include in bidding documents, provisions against corrupt practices.

31.2 The Bank defines, for the purposes of these provisions, the terms set forth below as follows:

(a) “corrupt practice” means the offering, giving receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution, and includes, inter alia, bribery and extortion or coercion which involve threats of injury to person, property or reputation; and

(b) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practices among bidders or between bidders and Borrower (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels.

31.3 The Bank will, following its own investigation and determination in accordance with its procedures:

(a) reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) cancel the portion of the loan or grant allocated to a contract for goods or works if it at any time determines that corrupt or fraudulent practices were engaged in by representatives of the Borrower or of a beneficiary of the Loan or Grant during the procurement or the execution of that contract; and


(c) declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a Bank-financed contract. A firm declared ineligible by the Bank in accordance with this sub-paragraph shall be ineligible to be awarded a Bank-financed contract during the period of time determined by the Bank.

31.4 The Bank reserves the right, where a firm has been found by a national or international entity to have engaged in corrupt or fraudulent practice, to declare that such a firm is ineligible, for a stated period of time, to be awarded a Bank-financed contract.

31.5 The Bank will have the right to require that, in contracts financed by the Bank, a provision be included requiring suppliers and contractors to permit the Bank to inspect their accounts and records relating to the performance of the contract and to have them audited by auditors appointed by the Bank.

Section II. Conditions of contract 15

Section II. Conditions of contract

FIDIC SHORT FORM OF CONTRACT (AGREEMENT AND GENERAL CONDITIONS)

THE COUNTY GOVERNMENT OF KERICHO, CHIEF OFFICER DEPARTMENT OF EDUCATION YOUTH AFFAIRS, CULTURE, SPORTS AND SOCIAL SERVICES (Name of Employer)

(Name of Contractor)

Agreement

The Employer is THE COUNTY GOVERNMENT OF KERICHO PO BOX 112 20200.

The Contractor is

The Employer desires the execution of certain Works known as ABLUTION BLOCKS.

The Contractor has examined the documents listed in the Appendix which forms part of this Agreement and offers to execute the Works in conformity with the Contract for the sum of (in words)

(in figures)

or such other sum as may be ascertained under the Contract.

This offer, of which the Contractor has submitted two signed originals, may be accepted by the Employer by signing and returning one original of this document to the Contractor before _(date)

The Contractor understands that the Employer is not bound to accept the lowest or any offer received for theWorks.

Signature: Date:

Name: Authorized to sign on behalf(of organization name):

Capacity:

Section II. Conditions of contract 16ACCEPTANCE

The Employer has by signing below, accepted the Contractor’s offer and agrees that in consideration for the execution of the Works by the Contractor, the Employer shall pay the Contractor receives one original of this document signed by the Employer.

Signature: Date:

Name:

Capacity:

Authorized to sign on behalf(of organization name):

Signature: Date:


APPENDIX

This Appendix forms part of the Agreement.

[Note: with the exception of the items for which the Employer’s requirements have been inserted, theContractor shall complete the following information before submitting.]

Item .................Sub-Clause_ Data_

Documents forming the contractListed in the order of priority………. 1.1.1

Documents (deleted if not applicable) Document Identification

(a) The Agreement(b) Letter of Acceptance© Contractor’s Tender(d) Particular Conditions(e) General Conditions of Contract(f) Specifications(g) The Drawings(h) The Contractor’s tendered design(i) The Bill of Quantities

N/A

Time for completion 1.1.9 120 days

Law of the Contract 1.4 Law of KENYA*

Language 1.5 ENGLISH

Provision of the Site 2.1 TO BE AGREED WITH PROJECT MANAGER

Authorised personF

3.1 THE CHIEF OFFICER COUNTY WORKS OFFICER

Name and address of Employer’sRepresentative (if known) 3.2 THE CHIEF OFFICER COUNTY WORKS

OPerformance security (if any):

OFFICER

Amount 4.4 N/A

Form 4.4 N/A

*Employer to amend as appropriate

Section II. Conditions of contract 18Item Sub-Clause_ Data_

Requirements for Contractor’sDesign (if any) 5.1 Specification Clause N0’s_ N/A

Programme:

Time for submission 7.2 Within 14 days* of the DELIVERY of the

ACCEPTANCE LETTER

Form of programme 7.2 WORKS PROGRAMME

Amount payable due to failure toComplete 7.4 At the rate of 0.05 % of the final Contract sum

per day

Period for notifying defects 9.1 & 11.5 180 Days*calculated from the date stated in the notice under Sub-clause 8.2

Variation procedure

Day work rate 10.2 N/A

(details)

Variation of the Works*

Lump sum Price 11.1 N/A (details)

Lump sum price with schedulesOf rates 11.1 N/A (details)

Lump sum price bill ofQuantities 11.1 N/A (details)

Re-measurement with tender Billof Quantities 11.1 Rates in the BQs for similar Items and prevailing

Ministry of Public Works rates for different Items

Cost reimbursable 11.1 N/A (details)

Percentage of value of MaterialsAnd Plant 11.2 Materials 80%


Plant N/A 90%

Section II. Conditions of contract 19Item Sub-Clause Data_

Percentage of retention 11.3 10%

Currency of payment 11.7 KENYA SHILLINGS

Rate of interest 11.8 Central Bank of Kenya rates

Insurances 14.1 All Risk Insurance

Type of cover* Amount of cover* Exclusions*

The Works, Materials, PlantAnd fees

All Risk InsuranceAll Risk Insurance

Contractor’s Equipment Full replacement cost All Risk Insurance

Third Party injury to personsAnd damage to property All Risk Insurance

Other cover*

Arbitration

Rules 15.3 Chartered Institute of Arbitrators(Kenya Branch)*

Appointing authority 15.3 Chartered Institute ofArbitrators (Kenya Branch)

Place of Arbitration… 15.3 KENYA*



General Conditions

General Provisions

1.1Definitions In the Contract as defined below, the words and

expressions defined shall have the following meanings assigned to them, except where the context requires otherwise:

The Contract 1.1.1 "Contract” Means the Agreement and the other documents listed in the Appendix.

1.1.2 "Specification" means the document as listed in the Appendix, including Employer’s requirements in respect of design to be carried out by the Contractor, if any, and any variation to such document.

1.1.3 "Drawings" means the Employer's drawings of the Works as listed in the Appendix, and any Variation to such drawings.

Persons 1.1.4 “Employer" means the person named in the Agreement and the legal successors in title to this person, but not (except with the consent of the Contractor) any assignee.

1.1.5 "Contractor" means the person named in the Agreement and the legal successors in title to this person, but not (except with the consent of the Employer) any assignee.

1.1.6 "Party" means either the Employer or the Contractor. Dates, Times and

1.1.7 “Commencement Date” means the date 14 days after the date the Periods Agreement comes into effect or any other date agreed between the Parties.

1.1.8 “Day" means a calendar day.

1.1 .9 "Time for Completion" means the time for completing the Works as stated in the Appendix (or as extended under Sub-Clause 7.3), calculated from the Commencement Date. Money and Payments

1.1.10 "Cost" means all expenditure properly incurred (or to be incurred) by the Contractor, whether on or off the Site, including overheads and similar charges, but does not include profit. Other Definitions

1.1.11"Contractor's Equipment" means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials or Plant.

Section II. Conditions of contract 211.1.12 "Country" means the country in which the Site is located.

1.1.13 "Employer’s Liabilities" means those matters listed in Sub- Clause 6.1.

1.1.14 "Force Majeure" means an exceptional event or circumstance: which is beyond a Party's control; which such Party could not reasonably have provided against before entering into the Contract; which, having arisen, such Party could not reasonably have avoided or overcome; and, which is not substantially attributable to the other Party.

1.1.14 “Materials" means things of all kinds (other than Plant) intended to form or forming part of the permanent work.

1.1.15 "Plant" means the machinery and apparatus intended to form or forming part of the permanent work.

1.1.1 7 "Site" means the places provided by the Employer where the Works are to be executed, and any other places specified in the Contract as forming part of the Site.

1.1.18 “Variation" means a change to the Specification and /or Drawings (if any) which is instructed by the Employer under Sub-Clause 10.1.

1.1.19 "Works" means all the work and design (if any) to be performed by the Contractor including temporary work and any Variation

1.2Interpretation Words importing persons or parties shall include firms and

organizations. Words importing singular or one gender shall include plural or the other gender where the context requires.

1.3Priority ofDocuments The documents forming the Contract are to be taken as

mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer shall issue any necessary instructions to the Contractor, and the priority of the documents shall be in accordance with the order as listed in the Appendix.

1.4Law The law of the Contract is stated in the Appendix.

1 .5Communications Wherever provision is made for the giving or issue of any notice,

instruction, or other communication by any person, unless otherwise specified such communication shall be written in the language stated in the Appendix and shall not be unreasonably withheld or delayed.

Section II. Conditions of contract 221.6StatutoryObligations The Contractor shall comply with the laws of the countries

where activities are performed. The Contractor shall give all notices and pay all fees and other charges in respect of the Works.

2.1Provision of Site The Employer shall provide the Site and right of access thereto

at the times stated in the Appendix

2.2Permits and Licences

2.3EmployersInstructions The contractor shall comply with all instructions given by

the Employer in respect of the Works including the suspension of all or part of the Works

2.4Approvals No approval or consent or absence of comment by the

Employer or the Employer’s representative shall affect the Contractor’s obligations.

Employer’s Representatives

3.1Authorised Person One of the Employer’s personnel shall have authority to act

for him. This authorised person shall be as stated in the Appendix, or as otherwise notified by the Employer to the contractor.

3.2EmployersRepresentative The Employer may also appoint a firm or individual to carry out

certain duties. The Employer shall notify the Contractor of the delegated duties and authority of this Employer’s representative.

The Contractor

4.1General Obligations The Contractor shall carry out the Works properly and

in accordance with the Contract. The Contractor shall provide all supervision, labour, Materials, Plant and Contractor’s Equipment which may be required. All Materials and Plant on Site shall be deemed to be the property of the Employer.

4.2Contractor’sRepresentative The Contractor shall submit to the Employer for

consent the name and particulars of the person authorised to receive instructions on behalf of the Contractor.

Section II. Conditions of contract 234.3Subcontracting The Contractor shall not subcontract the whole of the Works.

The Contractor shall not subcontract any part of the Works without the consent of the Employer.

4.4Performance Security If stated in the Appendix, the Contractor shall deliver to

the Employer within 14 days of the Commencement of the Date a performance security in a form and from a third party approved by the Employer.

Design by Contractor

5.1Contractor’s Design The Contractor shall carry out design to the extent specified,

as referred to in the Appendix. The Contractor shall promptly submit to the Employer all designs prepared by him. Within 14 days of receipt the Employer shall notify any comments or, if the design submitted is not in accordance with the Contract, shall reject it stating the reasons. The Contractor shall not construct any element of the permanent work designed by him within 14 days after the design has been submitted to the Employer of where the design for that element has been rejected. Design that has been rejected shall be promptly amended and resubmitted. The Contractor shall resubmit all designs commended on taking these comments into account as necessary.

5.2Responsibility for The Contractor shall remain responsible for this tendered

design and the Design design under this clause, both of which shall be fit for the intended purposes defined in the Contract and he shall also remain responsible for any infringement of any patent or copyright in respect of the same. The Employer shall be responsible for the Specification and Drawings.

Employer’s Liabilities

6.1Employer’s Liabilities In this Contract, Employer’s Liabilities mean:

a) War, hostilities (whether war be declared or not), invasion, act of foreign enemies, within the Country,

b) Rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the Country,

c) riot, commotion or disorder by persons other than the Contractor’s personnel and other employees, affecting the Site and/or the Works,

d) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly

Section II. Conditions of contract 24or nuclear component of such an assembly, except to the extent to which the Contractor may be responsible for the use of any radio-active material,

e) pressure waves caused by aircraft or other aerial devicestravelling at sonic or supersonic speeds,

f) use or occupation by the Employer of any part of the Works, except as may be specified in the Contract,

g) design of any part of the Works by the Employer’s personnelor by others for whom the Employer is responsible, and

h) any operation of the forces of nature affecting the Site and/or the Works, which was unforeseeable or against which an experienced contractor could not reasonably have been expected to take precautions.

i) Force Majeure,j) A suspension under Sub-Clause 2.3 unless it is attributable the

Contractor’s failure,k) Any failure of the Employer,l) Physical obstructions or physical conditions other

than climatic conditions, encountered on the site during the performance of the Works, which obstructions or conditions were not reasonable foreseeable by an experienced contractor and which the Contractor immediately notified to the Employer,

m) Any delay or disruption caused by any Variation,n) Any change to the law of the Contract after the date of the

Contractor’s offer as stated in the Agreement,

o) Losses arising out of the Employer’s right to have the permanent work executed on, over, under, in or through any land, and to occupy this land for the permanent work, and

p) Damage which is an unavoidable result of the Contractor’sobligations to execute the Works and to remedy any defects.

Time for Completion

7.1Execution of the Works The Contractor shall commence the Works on

the Commencement Date and shall proceed expeditiously and without delay and shall complete the Works within the Time for completion.

7.2Programme Within the time stated in the Appendix, the Contractor

shall submit to the Employer a programme for the Works in the form stated in the Appendix.

7.3Extension of Time Subject to Sub-Clause 10.3, the Contractor shall be entitled to

an extension to the Time for Completion if he is or will be delayed by any of the Employer’s Liabilities.


7.4

On receipt of an application from the Contractor, the Employer shall consider all supporting details provided by the Contractor and shall extend the Time for Completion as appropriate.

Late completion If the Contractor fails to complete the Works within the Time for Completion, the Contractor’s only liability to the Employer for such failure shall be to pay the amount stated in the Appendix for each day for which he fails to complete the Works.

Taking – Over

8.1Completion The Contractor may notify the Employer when he considers that

the Works are complete.8.2Taking-Over Notice The Employer shall notify the Contractor when he considers

that the Contractor has completed the Works stating the date accordingly. Alternatively, the Employer may notify the Contractor that the Works, although not fully complete, are ready for taking over, stating the date accordingly.

The Employer shall take over the Works upon the issue of this notice. The Contractor shall promptly complete any outstanding work and, subject to Clause9, clear the Site.

Remedying Defects

9.1Remedying Defects The Employer may at any time prior to the expiry of the

period stated in the Appendix, notify the Contractor of any defects or outstanding work. The Contractor shall remedy at no cost to the Employer any defects due to the Contractor’s design, Materials, Plant or workmanship not being in accordance with the Contract.

9.2

The cost of remedying defects attributable to any other cause shall be valued as a Variation. Failure to remedy any defects or complete outstanding work within a reasonable time of the Employer’s notice shall entitle the Employer to carry out all necessary work at the Contractor’s cost.

Uncovering and Testing The Employer may give instruction as to the uncovering and/or testing of any work. Unless as a result of any uncovering and/or testing it is established that the Contractor’s design, Materials, Plant or workmanship are not in accordance with the Contract, the Contractor shall be paid for such uncovering and/or testing asa Variation in accordance with Sub-clause 10.2.


Variation and Claims

10.1Right to Vary The Employer may instruct Variations.

10.2Valuation of Variations Variations shall be valued as follows:

10.3

a) at a lump sum price agreed between the Parties, or b) where appropriate, at rates in the Contract, orc) in the absence of appropriate rates, the rates in the Contract

shall be used as the basis for valuation, or failing whichd) at appropriate new rates, as may be agreed or which the

Employer considers appropriate, ore) if the Employer so instructs, at day work rates set out in

the Appendix for which the Contractor shall keep records of hours of labour and Contractor’s Equipment, and of Materials used.

Early Warning A Party shall notify the other as soon as he is aware of any circumstance which may delay or disrupt the Works, or which may give rise to a claim for additional payment. The Contractor shall take all reasonable steps to minimise these effects.

10.4

The Contractor’s entitlement to extension of Time for Completion or additional payment shall be limited to the time and payment which would have been due if the he had given prompt notice and had taken all reasonable steps.

Right to Claim If the Contractor incurs Cost as a result of any of the Employer’s Liabilities, the Contractor shall be entitled to the amount of such Cost. If as a result of any of the Employer’s Liabilities, it is necessary to change the Works, this shall be dealt with as a Variation.

10.5Variation and ClaimProcedure The Contractor shall submit to the Employer an itemised make-

up of the value of Variations and claims within 28 days of the instruction or of the event giving rise to the claim. The Employer shall check and if possible agree the value. In the absence of agreement, the Employer shall determine the value.

Contract Price and Payment

11.1Valuation of the Works The Works shall be valued as provided for in the

Appendix, subject to Clause 10.

Section II. Conditions of contract 2711.2Monthly Statements The Contractor shall be entitled to be paid at monthly intervals:

a) the value of the Works executed,

11.3

b) the percentage stated in the Appendix of the value of Materials and Plant delivered to the Site at a reasonable time, subject to any additions or deductions which may be due.The Contractor shall submit each month to the Employer a statement showing the amounts to which he considers himself entitled.

Interim Payments Within 28 days of delivery of each statement, the Employer shall pay to the Contractor the amount shown in the Contractor’s statement less retention at the rate stated in the Appendix, and less any amount for which the Employer has specified his reasons for disagreement. The Employer shall not be bound by any sum previously considered by him to be due to the Contractor.

11.4Payment of first halfOf Retention One half of the retention shall be paid by the Employer to

the Contractor within………days after issuing the notice under Sub- Clause 8.2

11.5Payment of Second HalfOf Retention One half of the retention shall be paid by the Employer to

the Contractor within 14 days after either the expiry of the period stated in the Appendix, or the remedying of notified defects or the completion of outstanding work, all as referred to in Sub- Clause 9.1, whichever is the later.

11.6Final Payment Within 42 days of the latest of the events listed in Sub-Clause

11.5 above, the Contractor shall submit a final account to the Employer together with any documentation reasonably required to enable the Employer to ascertain the final contract value.

11.7

Within 28 days after the submission of this final account, the Employer shall pay to the Contractor any amount due. If the Employer disagrees with any part of the Contractor’s final account, he shall specify his reasons for disagreement when making payment.

Currency Payment shall be in the currency stated in the Appendix.

11.8Delayed Payment The Contractor shall be entitled to interest at the rate stated

in the Appendix for each day the Employer fails to pay beyond the prescribed payment period.


Default

12.1Default by Contractor If the Contractor abandons the Works, refuses or fails to

comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay, or is, despite a written complain, in breach of the Contract, the Employer may give notice referring to this Sub-Clause and stating the default.

12.2

If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor’s receipt of the Employer’s notice, the Employer may by a second notice given within a further 21 days, terminate the Contract. The Contractor shall then demobilise from the Site leaving behind Materials and Plant and any Contractor’s Equipment which the Employer instructs in the second notice is to be used until the completion of the Works.

Default by Employer If the Contractor fails to pay in accordance with the Contract, or, is, despite a written complaint, in breach of the Contract, the Contractor may give notice referring to this Sub-Clause and stating the default. If the default is not remedied within 7 days after the Employer’s receipt of this notice, the Contractor may suspend the execution of all or parts of the Works.

If the default is not remedied within 28 days after the Employer’s receipt of the Contractor’s notice, the Contractor may by a second notice given within a further 21 days, terminate the Contract. The Contractor shall then demobilise from the Site.

12.3Insolvency If a Party is declared insolvent under any applicable law, the

other Party may by notice terminate the Contract immediately. The Contractor shall then demobilise from the Site leaving behind, in the case of the Contractor’s insolvency, any Contractor’s Equipment which the Employer instructs in the notice is to be used until the completion of the Works.

12.4Payment uponTermination After termination, the Contractor shall be entitled to payment

of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following:

a) any sums to which the Contractor is entitled under Sub-Clause10.4,

b) any sums to which the Employer is entitled under Sub-Clause 12.1 or 12.3, the Employer shall be entitled to a sum of equivalent to

Section II. Conditions of contract 2920% of the value of those parts of the Works not executed at the date of the termination,

c) If the Contractor has terminated under Sub-Clause 12.2or 12.3, the Contractor shall be entitled to the cost of his suspension and demobilisation together with a sum equivalent to 10% of the value of those parts of the Works not executed at the date of termination.

The net balance due shall be paid or repaid within 28 days of the notice termination.

Risk and Responsibility

13.1Contractor’s Care

13.2

The Contractor shall take full responsibility for the care of the Works from the Works Commencement Date until the date of the Employer’s notice Sub-Clause 8.2 Responsibility shall then pass to the Employer. If any loss or damage happens to the Works during the above period, the Contractor shall rectify such loss or damage so that the Works conform with the Contract.

Unless the loss or damage happens as a result of an Employer’s Liability, the Contractor shall indemnify the Employer’s contractor’s, agents and employees against all loss or damage happening to the Works and against all claims or expense arising out of the Works caused by a breach of the Contract, by negligence or by other default of the Contractor, his agents or employees.

Force Majeure If a party is or will be prevented from performing any of its obligations by Force Majeure, the Party affected shall notify the other party immediately. If necessary, the Contractor shall suspend the execution of the Works and, to the extent agreed with the Employer, demobilise the Contractor’s Equipment.

If the event continues for a period of 84 days, either Party may then give notice of termination which shall take effect 28 days after the giving of the notice.

After termination, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following:

a) any sums to which the Contractor is entitled under Sub-Clause10.4,

b) the Cost of his suspension and demobilisation, c) any sums to which the Employer is entitled.

Section II. Conditions of contract 30The net balance due shall be paid or repaid within 28 days of the notice of termination.

Insurance

14.1Extent of Cover The Contractor shall, prior to commencing the Works, effect

and thereafter maintain insurances in the joint names of the Parties:

14.2

a) for loss and damage to the Works, Materials, Plant and theContractor’s Equipment,

b) for liability of both Parties for loss, damage, death or injury to third parties or their property arising out of the Contractor’s performance of the Contract, including the Contractor’ liability for damage to Employer’s property other than the Works, and

c) For liability of both Parties and of any Employer’s representative for death or injury to the Contractor’s personnel except to the extent that liability arises from the negligence of the Employer, any Employer’s representative or their employees.

Arrangements All insurances shall conform to any requirements detailed in the APPENDIX. The policies shall be issued by insurers and in terms approved by the Employer. The Contractor shall provide the Employer with evidence that any required policy is in force and that the premiums have been paid.

14.3

All payments received from insurers relating to loss or damage to the Works shall be held jointly by the Parties and used for the repair of the loss or damage or as compensation for loss or damage that is not to be repaired.

Failure to insure If the Contractor fails to effect or keep in force any of the insurances referred to in the previous Sub-Clauses, or fails to provide satisfactory evidence, policies or receipts, the Employer may, without prejudice to any other right or remedy, effect insurance for the cover relevant to such default and pay the premiums due and recover the same as a deduction from any other monies due to the Contractor.

Resolution of Disputes

15.1Adjudication Unless settled amicably, any dispute or difference which arises

between the Contractor and the Employer out of or in connection with the Contract, including any valuation or other decision of the Employer, shall be referred by referred by either Party to adjudication in accordance with the attached Rules for

Section II. Conditions of contract 31Adjudication (“the Rules”). The adjudicator shall be any person agreed by the Parties. In the event of disagreement, the adjudicator shall be appointed in accordance with the Rules.

15.2Notice of Dissatisfaction If a Party is dissatisfied with the decision of the adjudicator or

if no decision is given within the time set out in the Rules, the Party may give notice of dissatisfaction referring to this Sub-Clause within 28 days of receipt of the decision or the specified time, the decision shall be final and biding on the Parties. If notice of dissatisfaction is given within the specified time, the decision shall be binding on the Parties who shall give effect to it without delay unless and until the decision of the adjudicator is revised by an arbitrator.

15.3Arbitration A dispute which has been the subject of a notice of

dissatisfaction shall be finally settled by a single arbitrator under the rules specified in the Appendix. In the absence of agreement, the arbitrator shall be designated by the appointing authority specified in the Appendix. Any hearing shall be held at the place specified in the Appendix and in the language referred to in Sub- Clause 1.5.

Section II. Conditions of contract 32INDEX OF SUB-CLAUSES

Adjudication

Sub-Clause

15.1

Page

34Approvals 2.4 26Arbitration 15.3 35Arrangements, Insurance 14.2 34Authorised person 3.1 26

Communications 1.5 25Completion 8.1 29Contractor's Care of the Works 13.1 33Contractor's Design 5.1 27Contractor's Representative 4.2 26Currency 11.7 31

Default by Contractor 12.1 32Default by Employer 12.2 32DefinitionsDelayed Payment

1.1 24

Early Warning, Claims 10.3 30Employer's Instructions 2.3 26Employer's Representative 3.2 26Employer's Liabilities 6.1 27Execution of the Works 7.1 28Extension of Time 7.3 28Extent of Cover, Insurance 14.1 34

Failure to Insure 14.3 34Final Payment 11.6 31Force Majeure 13.2 33

General Obligations, Contractor 4.1 26

Insolvency 12.3 32Interim Payments 11.3 31Interpretation 1.2 25

Late Completion 7.4 29Law 1.4 25

Monthly Statements 11.2 31

Notice of Dissatisfaction 15.2 35

Section II. Conditions of contract 33Payment upon Termination 12.4 32Performance Security 4.4 27Permits and Licences 2.2 26Priority of Documents 1.3 25

Programme 7.2 28Provision of Site 2.1 26Remedying Defects 9.1 29Responsibility for Design 5.2 27Retention, First Half 11.4 31Retention, Second Half 11.5 31Right to Claim 10.4 30Right to Vary 10.1 30

Statutory Obligations 1.6 26Subcontracting 4.3 27

Taking-Over Notice 8.2 29

Uncovering and Testing 9.2 29

Valuation of the Works 11.1 30Valuation of Variations 10.2 30Variation and Claim Procedure 10.5 30Particular Conditions

Note It is intended that the Short Form of Contract will work satisfactorily without any Particular Conditions. However, if the requirement of the project makes it desirable to amend any Clause or to add provisions to the Contract, the amendments and additions should be set out on pages headed Particular Conditions. Care should be taken with the drafting of such Clauses especially in view of the high priority given to the Particular Conditions by Sub-Clause 1.3.

34

Section III. Standard forms

Table of Contents

Qualification information.................................................................................................................. 39

Performance Bank Guarantee………………………………………………………………………………………………………42

Form of Tender………………………………………………………………………………………………………………..…………….43

Letter of Acceptance…………………………………………………………………………………………………………..………….44

Form of Agreement ……………………………………………………………………………………………………….………………45

Letter of Notification of Award……………………………………………………………………………..……………………….47

35

Qualification information

(The information below shall be filled in by Bidders in accordance with Clause 3 of the instructions to Bidders (ITB). This information will be used during bid evaluation and will not be incorporated in the Contract).

1. Individual Bidders or Individual members of a Joint Venture

1.1 Constitution or Legal Status of Bidder (attach copy):

Place of Registration:

Principal Place of Business:

1.2 Work performed as prime Contractor on works of a similar nature and volume over the last two years. Also list details of work underway or committed, including expected completion date.

Contract Nameand Country

Name of Clientand Contact Person

Type of Work Performedand Year of Completion

Value of Contract

1.3 Major items of Contractor’s Equipment proposed for carrying out the Works. List allinformation requested below.

Item ofEquipment

Description, make,and Age (years)

Condition (new,good, poor) and

number available

Owned, leased (fromwhom? or to be

purchased (from whom)

36

1.4 Qualifications and experience of key personnel proposed for administration and execution of the Contract.

Position Name Years ofExperience

Years of Experience inProposed Position

Project Manager

1.5 Proposed sub-contractors and firms involved.

Sections ofThe Work

Value ofSubcontract

Subcontractor(Name and Address)

Experience inSimilar Works

1.6 Information on current litigation in which the Bidder is involved.

Other Party(ies) Cause of Dispute Amount involved

1.7 Proposed Work Programme (work method and schedule). Descriptions, drawings, charts, etc, as necessary, to comply with the requirements of the bidding documents.

37

2. Joint Venture Information

2.1 The information listed in paragraphs 1.1 to 1.6 shall be provided for each partner in a JointVenture.

2.2 The information in 1.7 above shall be provided for the Joint Venture.

2.3 Attach the power of attorney of the signatory (ies) of the Bid, authorizing signature of theBid on behalf of the Joint Venture.

2.4 Attach the Agreement among all partners of the Joint venture (and which is legally binding on all partners – Joint Venture Agreement), 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.

38

FORM OF TENDERTO: COUNTY GOVERNMENT OF KERICHO [Name of Employer) [Date]

[Name of Contract]

Dear Sir,

Re: Invitation to Bid dated , 20 in respect of the Sub-project

After having read the bidding documents relating to the above-mentioned works and in particular the following four documents:

- Instructions to Bidders- Draft Contract;- Bill of Quantities- Specifications and Drawings;

on behalf of my company, I hereby- Accept, without restrictions, all the provisions in the Bidding Documents;- Submit a contract price bearing my signature and completed by me following the mode

that was sent to me;- Agree, as the Contractor, to carry out the works named below, following the provisions of

the price list; and- Submit a draft contract bearing my signature.

The Employer shall pay the amounts due from it and set forth in the detailed work statements, by crediting the bank account opened in the name of: ,

Number _, at the branch of the Bank, or in cash against witnessed receipts.

Done in one original copy at

Dated this day of 20

Signature in the capacity of duly authorized to sign tenders for and on behalf of [Name of Tenderer] of [Address of Tenderer]

Witness; Name_

Address_

Signature

Date_

39

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 theContract Price of Kshs. Shillings

[Amount in figures] [Kenya

(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 theContract documents.

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

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

Attachment: Agreement

40

FORM OF AGREEMENT

THIS AGREEMENT, made on the day of 20 between of [or whose registered office is situated at] (hereinafter called “the Employer”) of the one part AND

_of [or whose registered office is situated at] (hereinafter called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes

(name and identification number of Contract ) (Hereinafter c a l l e d “ the Works”) located at [Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein for the Contract Price of Kshs [Amount in figures], Kenya Shillings

[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

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

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

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I

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

(v) Specifications

(vi) Drawings

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

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.

41

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS, whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The common Seal of

Was hereunto affixed in the presence of

Signed Sealed, and Delivered by the said

Binding Signature of Employer

Binding Signature of Contractor

In the presence of [i] Name_

Address

Signature

[ii] Name

Address_

Signature

42

LETTER OF NOTIFICATION OF AWARDAddress 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 15 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 BY CHIEF OFFICER AND DIRECTOR(S)

43

VOLUME 2

SPECIFIC BIDDING REQUIREMENTS

Table of Contents

Section IV. Bid data sheet ...................................................................................................... 49

Section V. Contract data (amendments to appendix to contract)...................................... 51

Section VI. Specifications ....................................................................................................... 52

Section VII. Drawings...............................................................................................................

Section VIII. Bill of Quantities.............................................................................................55

S ec ti o n I V . B i d da t a shee t 44

Section IV. Bid data sheet

(This section should be filled out by the Employer before issuance of the Bidding Documents)

In s t ru c t i o n s to B i dd e r s C l a u se Re f e r e n ce (I T B)

(2.1) Bidding is open to all eligible suppliers.

(3.1) Bidders shall provide the qualification information in the form indicated under Section III.

(3.2) (a) The minimum required annual volume of construction work for the successful Bidder in any of the last two years shall be:

_ 2.5 Tim e s t h e e st im at ed a n n u a l c a sh f l o w f o r t h e C on t r a c t

(Insert figure in the currency specified in Bid Data Sheet)

(b) Experience as prime contractor in the construction of at least one work of a nature and complexity equivalent to the Works over the last 2 years (to comply with this requirement, works cited should be at least 70 percent complete)

(d) The essential equipment to be made available for the Contract by the successfulBidder (proposals for timely acquisition or own, lease, hire, etc) shall be: N/A _ (insert).

(e) A Project Manager with two years experience in works of an equivalent nature and volume.

(11.4) The Contract (“is not”) subject to price adjustment in accordance with Clause 11 of the Conditions of Contract. This shall be a “ Fixed Price Contract”

(12.1) The currency in which the prices shall be quoted shall be: KENYA SHILLINGS (identify)

(12.2) The authority for establishing the rates of exchange shall be CENTRAL BANK OF KENYA (name, usually of the Central Bank in the Employer’s country.)

(13.1) The period of bid validity shall be _ (insert number) days after the deadline for bid submission specified in this Bid Data Sheet.

(14.1) The amount of Bid Security shall be N/A (insert amount in local currency, as provided in the Invitation to Bid) or an equivalent amount in a freely convertible currency. Instructions number 14.1-5 in the instructions to Tenderers shall not apply to this tender.

S ec ti o n I V . B i d da t a shee t 45

(15.1) The number of copies of the Bid to be completed and returned shall be: TWO (1 original and 1 copy) (Insert number, usually two: more if essential)

(16.2a) The Employer's address for the purpose of Bid submission is:

THE COUNTY GOVERNMENT OF KERICHO MINISTRY OFF EDUCATION YOUTH SPORT AND CULTURE (Insert the receiving address provided in the Invitations for Bids)

(16.2b) The name and identification number of the Contract is:

(Insert name and number as indicated in the Invitation for Bids, if any)

(17.1 & 20.1) The deadline for submission of bids shall be _; (Insert timeand date: date should be the same and the time, in no event earlier than that given in the Invitation for Bids), and bids shall be opened at at the same date and address.

(30.1) The Advance Payment shall be limited to N/A (insert) per cent of the Contract Price. Instructions number 30.1 in the instructions to Tenderers shall not apply to this tender.

S ec ti o n V III . B il l o f quan ti ti e s 46

Section V. Contract data(Amendments to appendix to contract)

(All amendments and additions to the Appendix to Contract should be filled in by the Employer prior to issuance of the bidding documents except where otherwise indicated. Schedules and reports to be provided by the Employer shall be annexed).S e ri a l C on t r a c t C l a u se N u m b e r Re f e r e n ce

1. The Employer is:Name: THE COUNTY GOVERNMENT OF KERICHO.Address: P.O. BOX 112- 20200.Name of Employer’s Authorised Representative:

The Project Manager is:Name: THE CHIEF OFFICER COUNTY WORKS OFFICE,Address: P.O. BOX 112-20200Name of Authorised Representative:

2. The name and identification number of the Contract is:

(Insert name and number as indicated in the Invitation for Bids, if any)

The Works consist of: CONSTRUCTION OF ABLUTION BLOCKS. (Brief summary, including relationship to other contracts under the project)

4. The Start Date shall be:

5. The completion date shall be:

6. The Site is located at:_ And is defined in drawing numbers:

7. The following documents are also part of the Contract: NONE

8. Other Contractors, utilities etc., to be engaged by the Employer on the SiteInclude those for the execution of;

1. MECHANICAL WORKS

2. ELECTRICAL WORKS.

9. Prices for V.A.T. should be given as a percentage at the GRAND SUMMARY PAGE

10. Pricing of preliminaries ; The Tenderer is not required to price any of the items covered in the preliminaries and is, therefore, advised to make allowance for the cost of such preliminary items in his rates for measured works


SPECIFICATIONS

1. GENERALLY

a. All work to be carried out in accordance with the Ministry of Public Works GeneralSpecifications for Building Works issued in 1976 or as qualified or amended.

2. MANUFACTURERS’ NAMES

a. Where manufacturers’ names and catalogue references are given for guidance to quality and standard only, alternative manufacturer of equal quality will be accepted at the discretion of the Project Manager.

3. WALLING

a. All precast concrete blocks shall be manufactured by the methods and to the sizes specified in the Ministry of Public Works “Specification for Metric Sized Concrete Blocks for Building (1972)”

b. Walling of 100 mm thickness or under shall be reinforced with hoop iron every alternate course.

c. Prices for walling must allow for all costs in preparing, packing and sending sample blocks for testing as and when required by the Project Manager.

4. CARPENTRY

a. The grading rules for cypress shall be the same as for podocarpus and all timber used for structural work shall be select (second grade).

b. 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.

c. Prices must also include for all nails and fasteners.

5. JOINERY

a. Cypress for joinery shall be second grade in accordance with the latest grading rules of the Kenya Government.

b. Where Mahogany is specified, this refers to prime grade only. The Contractor may with the approval of the Project Manager, use either Msharagi or Mvuli in lieu of Mahogany but such approval will be given only in the case of shortages of the hardwoods specified.


c. Plugging shall be carried out by drilling walling or concrete with masonry drill and filling with propriety plugs of the correct sizes. Cutting with hammer and chisel will not be allowed.

d. Prices for joinery must include for pencil rounded arises, protection against damage, nails, screws, framing and bedding in cement mortar as required.

e. Sizes given for joinery items are nominal sizes and exact dimensions of doors, etc, must be ascertained on site.

6. IRONMONGERY

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

b. 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.

c. Catalogue references given for ironmongery are for purposes of indicating quality and size of item(s). Should the Contractor wish to substitute the specified item(s) with others of equal quality, he must inform the Project Manager and obtain approval in writing.

7. STRUCTURAL STEELWORK

a. All structural steelwork shall comply with the Ministry of Public Works “StructuralSteelwork Specification (1973) and shall be executed by an approved Sub-contractor.

8. PLASTERWORK AND OTHER FINISHES

a. All finishing’s shall be as described in the general specifications and in these Bills ofQuantities.

b. Prices for paving’s are to include for brushing concrete clean, wetting and coatingwith cement and sand grout 1:1.

c. Rates for glazed wall tiling are to include for a 12 mm cement and sand (1:4) backing screed unless otherwise specified in these Bills of Quantities.

9. GLAZING

a. Where polished plate glass is specified, this refers to general glazing

quality. b. Prices for glazing shall include for priming of rebates before

placing putty.

c. The Contractor will be responsible for replacing any broken or scratched glass and handing over in perfect condition.


10. PAINTING

a. All paint shall be 1st quality “Crown” or other equal and approved

b. Painting shall be applied in accordance with the manufacturers’ instructions.

c. Prices for painting are to include for scaffolding, preparatory work, priming coats, protection of other works and for cleaning up on completion. Prices for painting on galvanized metal are to include for mordant solution as necessary.


COUNTY GOVERNMENT OF KERICHO

DEPARTMENT OF EDUCATION, YOUTH AFFAIRS, CUILTURE AND SOCIAL SERVICES

BILL OF QUANTITIES

FOR

PROPOSED ERECTION AND COMPLETION OF ABLUTION BLOCKS

COUNTY GOVERNMENT OF KERICHO.

WARD …………..

OCTOBER 2016


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DESCRIPTION UNIT QTY RATEAMOUNT

PROPOSED PIT LATRINE BLOCKELEMENT NO. 1SUBSTRUCTURES (ALL PROVISIONAL)Site clearanceClear the site of all grass, shrubs and allvegatation and cart away as directed SM 4Excavate vegatable soil average 200mm deepand cart away as directed SM 6ExcavationExcavate oversite to reduce levels commencingfromstripped level average 300mm deep andspread on site average 10 metres away CM 2Excavate strip foundation trench starting fromreduced level not exceeding 1.50 deep metresand cart away as directed CM 10Excavate pit; not exceeding 1.50 metres deep CM 3Ditto, 1.50-3.00 metres deep CM 3

Ditto, 3.00-4.50 metres deep CM 3Ditto, 4.50-6.00 metres deep CM 3Extra over excavation for excavating in rock CM 1Filling and DisposalReturn,fill and ram selected excavated materialaround foundations CM 7

Remove and cart awayfrom site surplusexcavated material as directed CM 22Disposal of waterKeeping all excavations free from water includingspring or running water ITEMPlanking and strutting

S ec ti o n V III . B il l o f quan ti ti e s 52Uphold the sides of all excavations

Carried to Collection


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LM

DESCRIPTION UNIT QTY RATE AMOUNTFillingHard core filling in making up levels exceeding250mm thick,depositing and compacting inlayers of 125mm maximum thickness CM 150mm thick murram blinding to surfaces of fill SM 7Antitermite treatment"TERMIDOR" or equal and approved insecticidewith a ten-years quarantee to surfaces of fill andtop of foundations SM 9Concrete50mm thick mass concrete class Q (1:3:6) tobottoms of foundations SM 10Insitu concrete; reinforced; class 20/20 ;vibrated150mm Thick bed SM 9ReinforcementBars; high yield steel; cold worked to B.S4461 includingbends, hooks, tying wiresand distance blocks12mm bars KG 3010mm bars KG 218mm bars KG 20

BRC; B.S. 4483Reference A142 mesh 200x200mm weighing2.22kgs per square metre (measured net- noallowances made for laps); including bends, tyingwires and distance blocks SM 9Sawn formwork to insitu concrete asdescribed :To sides; vertical or battering of strip foundation SM 7

S ec ti o n V III . B il l o f quan ti ti e s 54Soffits of suspended pit latrine slabEdges of ground floor slab; 75-150mm wide



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DESCRIPTION UNIT QTY RATE AMOUNTWalling200mm Thick approved local natural stone;roughly squared to foundation walling; beddedand jointed in cement sand (1:3) mortar SM 10Damp proofPolythene; 1000 gauge,150mm lap( no allowan-ce made for laps), horizontal; 1no. Layer laid onmurram blinding SM 9150mm Tick wide; B.S. 743 Type A bitumenhessian base 150mm lap( no allowance made forlaps), horizontal; 1no. Layer, bedded in cementsand (1:3) mortar LM 16Insitu finishings14mmm thick 2 No. coatwork cement sand coatrender; wood floated to concrete or blockworkbase to walls; external SM 4Prepare and apply three coats blackbituminous paint on:-Rendered plinths; externally SM 4


ITEM DESCRIPTION UNIT QTY RATEAMOUNT

COLLECTION

Brought Forward From Page No. 2Brought Forward From Page No. 3Brought Forward From Page No. 4

SUBSTRUCTURESCarried to Main Summary


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DESCRIPTION UNIT QTY RATE AMOUNT

ELEMENT NO. 2

EXTERNAL AND INTERNAL WALLING

CLAY BRICK WALLING150mm Thick approved local burnt brick, bedded, jointing and jointed in cement sand(1:3) mortarmortar SM 14150mm Walling in "Pompei" vent blocks obtainedfrom an approved manufacturer, jointed andbedded in gauged mortar(1:3) SM 1200X50mm Thick weathered and throatedprecast concrete coping stones jointed and beddedto walls in cement sand (1:3) mortar LM 7


EXT

ERNAL AND INTERNAL WALLINGCarried to Main Summary


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ELEMENT NO. 3

RING BEAMInsitu concrete; reinforced; class 20/20 ;vibrated

Beams CM 1Bars; high yield steel; cold worked to B.S4461 includingbends, hooks, tying wiresand distance blocks

10mm bars KG 18

8mm bars KG 9Sawn formwork to insitu concrete asdescribed :

To sides and soffits of beams SM 16

RING BEAMCarried to Main Summary


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ELEMENT NO. 4

ROOFINGGalvanized corrugated sheet roofing; 30gauge prepaintedRoof covering not exceeding 45o from horizontalfixing to timber structure(m.s) with roofing nailsand neoprene washers, J- bolts nuts and caps SM 8

CARPENTRY

The following in sawn celcured cypress

100X50mm rafters LM 12100X50mm wall plate rag- bolted at 1200mmcentres with 12mm diameter bolts (m.s) LM 4

50X50mm cypress purlins LM 8

Wrot cypress; prime grade

200X25mm Thick fascia board LM 11

ROOFING


Carried to Main Summary


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DESCRIPTION UNIT QTY RATE AMOUNTELEMENT NO. 5DOORSWrot celcured cypress framed frames andframing100X50mm; 2No. Labours; plugged door frame LM 1040X25mm weathered architrave LM 1025mm rounded quadrant LM 1050mm thick framed ledged and bracedmatch boarded door comprising 25x50mmtop rail and stiles, 200x50mm bottom rail,150x25mm tongued and grooved boardingvee jointed on one side.Door size 900x2100mm high NO 2

Supply and fix the following to UNIONCatalogue or other equal and approvedTo softwood, hardwood or the like with screws:2- Lever mortice lock complete with set leverbrass handle furniture NO 2

100mm long Aluminium tower bolt NO 2

100mm steel butt hingesPAIR

S 3Rubber door stop comple te with 38mm rawl bolt NO 2Painting and DecorationsPrepare and apply three coat oil paint fullgloss to Crown Solo or equal and approvedto:General surface of timber doors ; over 300mmgirth SM 8Timber frame; over 100mm but not

S ec ti o n V III . B il l o f quan ti ti e s 67exceeding200mm girth



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ELEMENT NO. 6

FINISHES

Wall FinishesPlaster; 12mm thick 2No. Coatwork, 9mmfirst coat of cement sand (1:6); 3mmsecond coat of cement and lime putty(1:10) steel trowelled to concrete or block-work base generally to:-

Walls; internally SM 37

Rendered walls and beams SM 5

Extra over external walling for horizontalpointing in 10mm thick rod in cement and sand(1:3) mortar SM 22

Floor Finishes

Insitu Finishings

Screed; 40mm Thick water proof cementsand (1:3); red oxide coloured; steeltrowelled to concrete or blockwork basegenerally to:-

Floors generally SM 10Skirting; 100mm wide with rounded junctionwith wall finish and coved junction with floorfinish LM 15

S ec ti o n V III . B il l o f quan ti ti e s 69 FINISHES




MAIN SUMMARY

1 SUBSTRUCTURES (ALL PROVISIONAL)

2 EXTERNAL AND INTERNAL WALLING

3 RING BEAM

4 ROOFING

5 DOORS

6 FINISHES

2-DOOR PIT LATRINE BLOCKCarried to Grand Summary



GRAND SUMMARY1 2- DOOR PIT LATRINE BLOCK

TOTAL COSTRUCTION COST INCLUSIVE OF ALL GOVERNMENT TAXES