REPUBLIC OF KENYA

COUNTY GOVERMENT OF UASIN GISHU

(WATER, ENVIRONMENT, NATURAL RESOURCES, TOURISM AND WILDLIFE

MANAGEMENT

NEGOTIATION NO: 755532

FOR

TENDE NAME: CONSTRUCTION OF WATER WORKS AT MAFUTA WATER PROJECT

INSTRUCTION TO TENDERERS
CONDITIONS OF CONTRACT
STANDARD FORMS
SPECIFICATIONS
DRAWINGS
BILLS OF QUANTITIES

CLOSING DATE: DATE: 7TH JANUARY 2020 AT 10:30 AM

CHIEF OFFICER COUNTY SECRETARY,

WATER, ENVIRONMENT, NATURAL UASIN GISHU COUNTY,
RESOURCES, TOURISM AND P.O BOX 40-30100,
WILDLIFE MANAGEMENT, ELDORET
UASIN GISHU COUNTY,
P.O BOX 40-30100,
ELDORET

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 COUNTY GOVERMENT OF UASIN GISHU

INVITATION FOR BIDS

NEGOTIATION No: 755532

DATE: 24TH DECEMBER, 2019

TENDER NAME: CONSTRUCTION OF WATER WORKS AT MAFUTA WATER PROJECT

ZIWA WARD.
1.1 Uasin Gishu County invites sealed tender from the list of prequalified water works
contractors for construction of mafuta Water project

1.2 The invited contractors may obtain further information from and inspect the tender
documents at the Uasin Gishu County Hall Room 19 during normal office working hours.

1.3 A complete set of tender documents may be downloaded free of charge by from IFMIS tender
portal: www.supplier.treasury.go.ke as per the notification in your email.

1.4 Prices quoted should be net inclusive of all taxes, and must be in Kenya Shillings and shall
remain valid for 120 days from the closing date of the tender.

1.5 Completed tender documents must be submitted through the IFMIS portal
www.tresury.go.ke as per requirements contained in the document so as to be received on or
before the date and time indicated in the IFMIS.

1.6 Quotation will be will close automatically as per the date at time indicated in the system and
will be opened immediately after the closing.

COUNTY HEAD OF SUPPLY CHAIN MANAGEMENT

FOR: CHIEF OFFICER – WATER, ENVIRONMENT, NATURAL RESOURCES, TOURISM & WILDLIFE MANAGEMENT
COUNTY GOVERNMENT OF UASIN GISHU

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 SECTION A: INSTRUCTIONS TO TENDERERS
1.0 General

1.1 The County Government of Uasin Gishu invites Tenders for Works as described in this` bid document.

The works are to be executed within the Uasin Gishu County.

The successful bidder will be expected to complete the Works within the contract period as inserted in
the From of Bid and maintain the works for a period of Six (6) months thereafter.

1.2 Bidders shall submit the following information and documents together with their bids:
MUST attach copy of certificate of Company Registration/Incorporation/ Business name
MUST be prequalified in Uasin Gishu County in Water Works
MUST Proof Registration as a contractor eligible to undertake water works with relevant Authority (i.e.
NCA 5,6,7,8);
MUST attach Valid Tax compliance certificates;
MUST Submission in the right Format (All forms filled, signed and stamped)
MUST attach Current CR12 certificate

Failure to provide any or all of the above information will render the bid to be considered as non-
responsive resulting to its rejection.

1.3 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.

Bidders may seek for clarifications during normal working hours at the office of the Chief Officer, at
the Water and Environment Office. All clarifications sought must be in writing. The County Engineer
will respond to all clarifications sought at least Five (5) days before the opening of bids. Clarifications
will be sent to all potential bidders without disclosing the source or person seeking for clarification.

1.4 The bidder, at the bidder’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 bid
and entering into a contract for execution of the Works. Bidders shall bear the costs of visiting the site.

1.5 There will be no organised site visit.

1.6 Successful bidder is expected to hire 80% of the proposed labour force from within the project area.

2.0 Bid Documents

2.1 Complete set of bid document comprises the documents listed here below and any addenda issued in
accordance with Clause 2.4 here below: -

(a) These Instructions to Bidders

(b) Form of Bid
(c) Conditions of Contract and Appendix to Conditions of Contract
(d) Specifications
(e) Drawings
(f) Bills of Quantities
(g) Other materials requiring completion and submission in accordance with these Instructions and
Conditions of Contract
(h) Any other document issued by either party and mutually accepted.

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 2.2 The bidder shall examine all instructions, forms and specifications in the bid documents. Failure to
furnish all information required as per bid documents shall result in rejection of his bid.

2.3 A Tenderer requiring any clarification of the Tender documents may notify the Employer in writing or
by electronic means at the address indicated in the letter of Invitation to Tender. The Employer shall
respond to any request 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
Tender 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 Tender documents by
issuing addenda. Any addenda thus issued shall be part of the Tender documents and shall be
communicated in writing or by electronic means to all Tenderers. Tenderers shall acknowledge receipt
of each addendum in writing to the Employer.

2.5 The Employer may extend, as necessary, the deadline for submission of Tenders in accordance with
paragraph 4.5 below, to take account of any addenda issued.

3.0 Preparation of Bids

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

3.2 The bid submitted by the bidder shall comprise the following: -

(a) The Bid

(b) Priced Bill of Quantities
(c) Any other information requiring completion and submission by bidders.

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

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

3.5 All unit rates and prices shall be in Kenya Shillings only.

3.6 Bids shall remain valid for a period of 120 days from the date of submission. However in exceptional
circumstances, the employer may request that bidders extend the period of validity for a specified
additional period. The request and the bidders’ responses shall be made in writing.

3.7 The bidder shall prepare one ORIGINAL AND A COPY of the documents comprising the bid documents
as described in these Instructions to Bidders.

3.8 The original shall be typed or written in indelible ink and shall be signed by a person or persons duly
authorised to sign on behalf of the Tenderer who shall initial all pages of the Tender where alterations
or additions have been made. All pages of the bid shall be stamped and initialled by the person or
persons signing the bid.
3.9 Bidders shall satisfy themselves that the bid documents are complete.

4.0 Submission of Bids

4.1 The bid duly filled and sealed in an envelope shall: -

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 (a) Be addressed to the employer at the address provided in the “Invitation to Bid”;
(b) Bear the name and identification number of the Bid as defined in the Invitation to Bid; and
(c) Provide a warning not to open before the specified time and date for bid opening.

4.2 Bids shall be delivered to the employer at the address specified above not later than the time and date
specified in the “Invitation to Bid”.

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

Each bidder shall be allowed to submit only one bid. Any bidder who fails to comply with this
requirement will be disqualified.

4.4 Any bid received after the deadline for opening of bids shall be automatically rejected.

4.5 The employer may extend the deadline for submission of bids by issuing an addendum.

5.0 Bid opening and Evaluation

5.1 The bids will be opened in the presence of the Bidders’ representatives who choose to attend at the time
and in the place specified in the “Invitation for Bids”.

5.2 The employer as he may consider appropriate, will announce the bidders’ names, the total amount of
each bid and the completion period as stated in the Form of Bid and such other details as he may consider
necessary at the opening. The employer will also prepare minutes of the bid opening, including the
information disclosed to those present.

5.3 Information relating to the examination, clarification, evaluation and comparison of bids and
recommendations for the award of the Contract shall not be disclosed to bidders or any other persons
not officially concerned with such process until the award to the successful bidder has been announced.
Any effort by a bidder to influence the employer’s officials carrying out the evaluation process shall
result in the rejection of his bid.

5.4 Bids 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 shall prevail.

(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 evaluating officials, 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 Bid Amount as stated in the Form of Bid and the
Corrected Bid Figure in the Main Summary of the Bill of Quantities, the lesser of the two (the Bid
Amount as stated in the Form of Bid and the Corrected Bid Figure) shall prevail.

(d) The Error Correction Factor shall be computed by expressing the difference between the Bid
Amount as stated in the Form of Bid and the Corrected Bid Sum as a percentage of the Corrected
Builder’s Work (i.e. Corrected Bid Sum less Prime Cost (P.C.) and Provisional Sums (P.S.)).

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

(f) The amount stated in the bid will be adjusted in accordance with the above procedure for the
correction of errors and with concurrence of the bidder, shall be considered as binding upon the
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 bidder. If the bidder does not accept the corrected amount, the bid may be rejected and the
second lowest bidder as evaluated shall be awarded.
Note: By virtue of the Bidder signing the Form of Bid in the Bid Document as submitted implies that the
bidder has accepted the procedure as stated above for correction of errors.

5.5 To assist in the examination, evaluation and comparison of bids, the employer at his discretion, may
request [in writing] any Bidder for clarification of the bid, including 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 bid price or substance of the bid shall be sought, offered or permitted.

5.6 The bidder shall not influence the employer on any matter relating to his bid from the time of the bid
opening to the time the Contract is awarded. Any effort by the bidder to influence the employer or his
employees in his decision on bid evaluation, bid comparison or Contract award shall result in the
rejection of the bid.

6.0 Award of Contract

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

6.2 Notwithstanding the provisions of Clause 6.1 above, the employer reserves the right to accept or reject
any bid and to cancel the biding 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 action.

6.3 The bidder whose bid has been accepted will be notified of the award prior to expiration of the bid
validity period in writing or by facsimile. This notification (hereinafter and in all Contract documents
called the “Letter of Acceptance”) will state the sum [hereinafter and in all Contract documents called
the “Contract Price” which the employer will pay the Contractor in consideration of the execution,
completion period and maintenance period of the Works by the Contractor as prescribed by the
Contract. The notification of award will constitute the formation of the Contract, subject to the bidder
furnishing the employer with a letter of acceptance and any other information the employer may decide
before signing the Contract Agreement.

6.4 The Contract Agreement will incorporate all agreements between the employer and the successful
Bidder. It will be signed by the employer and sent to the successful bidder, within 30 days following
the notification of award.

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SECTION B-EVALUATION CRITERIA
PRELIMINARY (MANDATORY) EVALUATION CRITERIA
S/NO REQUIREMENT Y/N
MR1 MUST attach copy of certificate of Company Registration/Incorporation/
Business Name
MR2 MUST attach certificate of preference and reservation for PWD from National Treasury.
MR3 MUST Proof Registration as a contractor eligible to undertake water works with National
Construction Authority category NCA 6,7,8);
MR4 MUST attach Valid Tax compliance certificates;
MR5 MUST Submission in the right Format (All forms filled, signed and stamped)
MR6 MUST attach Current CR12 certificate or National Identity card for sole proprietorship
MR7 MUST tender for a maximum of two projects only
MR8 The following contractors shall be considered none responsive:
a) A contractor who has been served with a default notice from an on-going
project
b) A Contractor who has been terminated in previous contract, and
c) A Contractor whose contract is behind schedule without an approved
extension of contract time
d) A Contractor who has more than TWO contracts with the county
Government of Uasin Gishu
MR9 Attach a sworn statement from Commissioner of Oath declaring the following:-

(a)The firm has not been debarred from participating in any public procurement by
PPRA.

(b)No person related to the firm has any spouse or children working at Uasin Gishu
County Government

(c)The firm has not been engaged in any unethical, corrupt, collusive or fraudulent
activities in public procurement matters.

(d)The firm has not been declared bankrupt, insolvent or under receivership.
(e) The firm has no pending litigation issues

TECHNICAL EVALUATION CRITERIA

1. Past relevant (i)Provide prove of at least 4 previous works done of 20

work experience similar magnitude and nature. (5 Marks per work)
(upload LPOs/Contract agreement)
2 Financial (i)Upload Certified Bank statement for the last 27
capability 12 months ending September, 2019 (1 marks
per month)

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 (ii)Upload letter of credit from a reputable
commercial bank in Kenya (10 marks)
(iii)Upload statement indicating Name,
address, telephone, email of banks that may
provide reference if contacted by the employer
(5 marks)
3 Key personnel (i) Director having management experience of at least one 30
years of similar works and magnitude.
(10 marks per attached C.V and Qualification
Documents)

(ii) Technical Manager holding Diploma in relevant

Engineering field with at least two years experience of
similar works and magnitude (10 mark per attached C.V
and Qualification Documents)

(iii) At least one personnel holding Diploma in the relevant

Engineering field with 1 years’ experience of similar works
and magnitude (5 mark per attach C.V and Qualification
Documents)

(iv) At least 2No personnel holding Artisan certificate in the

relevant Engineering with 1years experience of similar
works and magnitude. (2.5 mark per C.V)
4 Work schedule Upload a Proposal work progress charts 11
(6marks)
Upload Proposal cash flow plan (5 marks)
8 Work safety Upload document indicating Worker safety 12
management plan (4marks)
Upload document indicating Accident
prevention measures (4Marks)
Environmental management Plan (4marks)
TOTAL 100

All those bidders who shall attain 60 marks and above marks shall proceed to Financial evaluation.

Any bid price which is not within 10% margin of Engineers Estimated amount will be rejected and will not be
subjected to further evaluation. The Proposed budget allocation is Kshs 999,000.00

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SECTION C : CONDITIONS OF CONTRACT
PART I: GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract are the FIDIC Short Form of Contract, First Edition, 1999, published by the
International Federation of Consulting Engineers (FIDIC).

The General Conditions of Contract are linked with the Conditions of Particular Application, referred to as Part II, by
the consecutive numbering of the Clauses, so that Part I and II together comprise the Conditions governing the rights
and obligations of the Parties. In case of any inconsistency between the Conditions contained in Part I and those in Part
II, the Conditions contained in Part II shall prevail.

The Tenderer is deemed to have read and fully complied with the General Conditions of Contract.

PART II: CONDITIONS OF PARTICULAR APPLICATION

The Conditions of Particular Application amplify the FIDIC Short Form of Contract so as to be, together, applicable to
the Contract.

GENERAL PROVISIONS

1.0 Definitions

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

The “Employer” shall be the “County Government of Uasin Gishu administration, and is the party who
employs the Contractor to carry out the Works.” represented by the “County Secretary, County
Government of Uasin Gishu”.

The “County secretary” shall be “County Secretary, County Government of Uasin Gishu”.

“Employer’s Representative” is the person appointed by the Employer and notified to the Contractor for
the purpose of supervision of the Works.

“Bills of Quantities” means the priced and completed Bills of Quantities forming part of the bid [where
applicable].

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

“The Completion Date” means the date of completion of the Works as certified by the Employer’s
Representative.

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

“The Contractor” refers to the person or corporate body whose bid to carry out the Works has been
accepted by the employer.

“The Contractor’s Bid” is the completed bidding document submitted by the Contractor to the employer.
“The Contract Price” is the price stated in the Letter of Acceptance.

“Days” are calendar days; “Months” are calendar months as per Gregorian calendar.

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

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 “The Defects Liability Certificate” is the certificate issued by Employer’s Representative upon correction
of defects by the Contractor.

“The Defects Liability Period” is the period named in the Appendix to Conditions of Contract and
calculated from the Completion Date.

“Drawings” include calculations and other information provided or approved by the Employer’s
Representative for the execution of the Contract.

“Equipment” is the Contractor’s machinery and vehicles brought temporarily to the Site for the
execution of the Works.

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

“Materials” are all supplies, including consumables, used by the Contractor for incorporation in the
Works.

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

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

“A Subcontractor” is a person or corporate body who has a Contract with the Contractor to carry out a
part of the Work in the Contract, which includes Work on the Site.

“Temporary works” are works designed, constructed, installed and removed by the Contractor which
are needed for construction or installation of the Works.

“A Variation” is an instruction given by the Employer’s Representative that varies the Works.

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

2.0 Contract Documents

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

(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Bid,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities

3.0 Employer’s Representative’s Decisions

3.1 Except where otherwise specifically stated, the Employer’s Representative will decide contractual
matters between the employer and the Contractor in the role representing the Employer.

4.0 Works, Language and Law of Contract

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

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

4.3 Performance Security

The Performance Security shall be valid until the date of issue of the Employer’s notice under sub-Clause
8.2 (Taking over Notice). The Employer shall return the Security to the Contractor within 30 days
thereafter.

A Performance Security in the form an Insurance Bond shall only be allowed from an Insurance
Company approved by the Public Procurement Oversight Authority (PPOA) and in a Form also approved
by the PPOA.

5.0 Safety, Temporary Works and Discoveries

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

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

5.3 Any thing of historical or other interest or significant value unexpectedly discovered on the Site shall be
the property of the Employer. The Contractor shall notify the Employer’s Representative of such
discoveries and carry out the Employer’s Representative’s instructions in dealing with them.

6.0 Work Program and Sub-contracting.

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

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

7.0 The site

7.1 The employer shall give possession of all parts of the site to the Contractor.

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

8.0 Instructions

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

9.0 Extension of Completion Date

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

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

Delay by: -

(a) Force majeure, or

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

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

(d) Reason of the Employer’s Representative’s instructions issued under these Conditions, or

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

(f) Delay on the part of artists, tradesmen or others engaged by the Employer in executing work not
forming part of this Contract, or

(g) Reason of delay by statutory or other services providers or similar bodies engaged directly by the
Employer, or

(h) Reason of opening up for inspection of any Work covered up or of the testing or any of the Work,
materials or goods in accordance with these conditions unless the inspection or test showed that
the Work, materials or goods were not in accordance with this Contract, or

(i) Reason of delay in appointing a replacement of Employer’s Representative, or

(j) Reason of delay caused by the late supply of goods or materials or in executing Work for which
the employer or his agents are contractually obliged to supply or to execute as the case may be,
or

(k) Delay in receiving possession of or access to the site.

10.0 Management Meetings

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

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

11.0 Defects

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

11.2 The Employer’s Representative shall give notice to the Contractor of any defects before the end of the
Defects Liability Period, which begins at Completion, and is defined in the Appendix to Conditions of
Contract.

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

12.0 Bills of Quantities/Schedule of Rates

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

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

13.0 Variations

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

13.2 The Engineer shall not be permitted to issue Variations to a value greater than the Tender Sum without
approval from the Procurement Entity. The limit of approved Variations shall be + 15% of the Tender
Sum.

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

13.4 If the Contractor’s Tender is unreasonable, the Employer’s Representative may order the variation and
make a change to the Contract Price, which shall be based on the Employer’s Representative’s own
forecast of the effects of the variation on the Contractor’s costs.

14.0 Payment Certificates and Final Account

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

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

14.3 The Contractor shall supply the Employer’s Representative with a detailed final account of the total
amount that the Contractor considers payable under the Contract before the end of the Defects Liability
Period. The Employer’s Representative shall issue a Defect Liability Certificate and certify any final
payment that is due to the Contractor within 30 days of receiving the Contractor’s account if it is correct
and complete. If it is not, the Employer’s Representative shall issue within 21 days a schedule that states
the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory
after it has been resubmitted, the Employer’s Representative shall decide on the amount payable to the
Contractor and issue a Final Payment Certificate. The employer shall pay the Contractor the amount so
certified within 60 days of the issue of the Final Payment Certificate.

14.4 If the period laid down for payment to the Contractor upon each of the Employer’s Representative’s
Certificate by the employer has been exceeded, the Contractor shall be entitled to claim simple interest
calculated pro-rata on the basis of the number of days delayed at the Central Bank of Kenya’s average
base lending rate prevailing on the first day the payment becomes overdue. The Contractor will be
required to notify the employer within 15 days of receipt of delayed payments of his intentions to claim
interest.
15.0 Insurance

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

15.2 The Insurance cover shall be in joint names of both the Contractor and the Client.

16.0 Liquidated Damages

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

17.0 Completion and Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall request the Employer’s Representative to
issue a Certificate of Completion of the Works, upon deciding that the Work is completed. The employer
shall take over the Site and the Works within seven days of the Employer’s Representative issuing a
Certificate of Completion.

18.0 Termination

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

(a) The Contractor stops Work for 30 days continuously without reasonable cause or authority from
the Employer’s Representative;

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

- 14 -
 (c) The Employer does not effect payment the Contractor a certified payment by the Employer’s
Representative within 30 days after the expiry of the payment periods stated in Clauses 14.2 and
14.3 here above.

(d) The Employer’s Representative gives notice that failure to correct a particular defect is a
fundamental breach of Contract and the Contractor fails to correct it within a reasonable period
of time.

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

19.0 Payment Upon Termination

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

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

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

20.0 Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not: -

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

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

21.0 Settlement of Disputes

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

- 15 -
 SECTION D: STANDARD, SPECIAL AND GENERAL SPECIFICATIONS

STANDARD SPECIFICATION

The contract will be administered in accordance with the Standard Specification for Road and Bridge Construction,
Ministry of Transport and Communications, 1986. This document may be examined at the office of the Chief Officer
Roads Transport and public works, Public works 1st Floor, during the normal working hours.

SPECIAL SPECIFICATIONS

General

This special specification is supplementary to the Standard Specification and the two must be read in conjunction. In any
case, where there appears to be conflict between the two then Special Specification will take precedence.

Location and Extent of the Works

The works are located within the Uasin Gishu County.

The works to be executed under the contract consist of assorted water works.

Compliance with Specifications

All materials, plant, labour and workmanship in and connected with the execution of the works shall be the best of their
respective kinds without regard to any trade terms and the contractor shall comply in these and all other respects with the
following clauses and shall carry out the contract in a proper and workmanlike manner and in strict accordance with the
specifications and the Engineer’s instructions.

Test Certificates

When the Contractor instructed by the Engineer shall submit certificates of Test from the suppliers of materials and goods
to be used for contract to the Engineer.

Such certificates shall certify that the materials or goods concerned have been tested in accordance with requirements of
the Specification and shall give the results of all the tests carried out. The Contractor shall provide adequate means of
identifying the materials and goods delivered to the site with the corresponding certificates.

- 16 -
Approval of Suppliers

The contractor's attention is drawn to his obligations with regard to quality and delivery schedule of materials and goods
obtained from his suppliers. Should the Engineer at any time be dissatisfied with any goods and materials intended for
delivery to the Employer he shall be empowered to reject such goods and materials and shall order that others of acceptable
quality replace them. The cost of removal and the new supplies shall all be borne by the contractor.

Specifications for Gravel Material (Murram)

(a) Definition

Gravel is any materials whose composition shall be of lateritic gravel, quartzite gravel, calcareous grave, decomposed
rock, soft stone, coral rag, clayey sands and crashed rock. It shall exclude vegetable matter loam, topsoil or clay.

(b) Sources of Material

The material shall be sourced from

1. Hardwares and pipe manufacturers

2. Borrow pits
3. Spoil Areas.
4. Excavation in cuttings

(c) Material grading

The material shall be that in composition such that it shall provide a smooth curve within and approximately parallel
to the following envelope: -

Sieve mm Percentage by weight passing

37.5 100
28 85 – 100
20 85 – 100
14 65 – 100
10 55 – 100
5 35 – 92
2 23 – 77
1 18 – 62
0.425 14 – 50
0.075 10 – 40

The material shall also conform to the following: -

CBR at 95% MDD (Modified AASHTO) and 4 days soak Min 30

Los Angeles Abrasion Max 50
Aggregate Crushing Value (ACV) Max 35
Plasticity Index Max 15
Plasticity Modulus Max 25

- 17 -
Specification for Building Stone

All building stone shall be capable of withstanding when wet a crushing stress of 14 KN/m2. The Engineer shall
approve the source of stone and stone supplied there from shall be free from magadi, overburden, mudstone, cracks,
stand holes, veins, laminations and other imperfections. The stone shall be chisel dressed into true rectangular blocks,
with each surface even and at tight angles to all adjoining surfaces, to the size specified. For exposed stonework, the
maximum permissible variations of any of the specified dimensions shall be 6mm provided that cut stone, supplied as
rock face may be hammer dressed on one face, or on one end, if in other respects it conforms to this specification.
Stones shorter than 37mm will not be accepted. Unless the Engineer allows otherwise, the contractor shall at his own
expense provide and dress 100mm cubes of stone for testing. The stone shall be sound when tested in accordance with
BS 1438. Media for biological percolating Filters, Appendix B (Sodium Sulphate Soundness test) accept that: -

1. The treatment shall be repeated for 10 cycles only; and

2. The second criterion of failure shall be amended to allow for a loss of weight of not more than 20% of
its original weight.

Specification for Quarry Chips

(a) Sources of Material

The material may be obtained from existing commercial quarries

(b) General requirements

The rock from which the stones are obtained shall comply with the following requirements: -

1. ACV - Max 40%

2. LAA - Max 30%
3. SSS - Max 12

The stones shall be free from excess of flat or elongated particles, soft and less durable rock, clays, loam, topsoil and
other deleterious matter. The stones shall be of such grading and size that they pack firmly when laid by hand. The
larger stones shall have a maximum dimension slightly greater than the thickness of required compacted layer and be
of a shape acceptable to the Municipal Engineer. The smaller stones shall have a reasonably uniform grading and be
of a nominal size suitable for filling surface roads to be approved by the Engineer. The nominal size of the smaller
stones will be in the order of 50.

Specifications for Street Name Plates and Traffic Signs

All traffic signs and Street Name Plates shall be fixed on 50 mm Diameter Class “B” Pipe fully anchored into the ground
in 250 mm diameter by 600 mm deep mass (Concrete Class 15/20) holes; painted with Black 100 mm thick Round
Strips on a white reflective background. The sign shall be 2400 mm high from the ground level. Road names shall be
written using 75 mm High Capital Letters on 150 mm wide by 3.0 mm Thick Steel Plate well restrained at the edges.
Drawings

The Engineer shall provide all the relevant drawings as and on required basis.

GENERAL SPECIFICATIONS
- 18 -
General

The contractor may propose to the Engineer an alternative standard other than the one specified, in which case he shall
submit three (3) copies of the proposed standard and all other information required for the materials, equipment and
testing, together with a written proof that his proposed standard is equivalent in all significant respects to the standards
specified for this contract.

The equipment to be employed for the works by the contractor shall have sufficient performance capacity and durability
as to secure the completion of the works within the construction period stipulated under the contract.

All equipment as well as materials shall be subject to inspection or test by the Engineer at any time and in any state of
completion both on site or at the contractors yard as he deems necessary. The contract shall facilitate such inspection
without any charge.

Services

Before commencing any works which include excavation or ground levelling by manual or mechanical excavation, the
contractor shall at his own expenses ascertain in writing from the Telkom, Kenya Power & Lighting Co. Ltd, the Eldoret
water and sewage company and all other public bodies, companies and persons who may be affected, the position and
depth of their respective ducts, cables, mains, pipes etc. He shall thereupon search for and locate such services and shall
repair at his own cost any such services that may become damaged during the progress of the works.

Except that such services as require to be removed or altered by virtue of the layout of the permanent work and not the
manner in which the work is carried out, shall be so removed or altered at the direction and at the expense of the employer.

Site Meetings

Throughout the project period, site meetings will be held regularly at the contractor’s office at agreed time and date to
discuss the progress of the work schedule for the ensuing duration, method of construction, procurement, transportation,
labour etc.
The meeting can be called at any time at the request of the contractor or the Engineer.

Quality of Materials and Workmanship

The materials and workmanship shall be of the best of their respective kinds and shall be to the approval of the Engineer.
“To the approval of the Engineer” while reading this specifications shall be deemed to be included in the description of all
materials incorporated in the works, whether manufactured or natural and in the description of all operations for the due
execution of the works.

Spoil Site

Tipped refuse found or accruing on site from the operations of the contractor shall be removed or disposed off in a spoil
heap to be provided by the council.

Extent of Contract
- 19 -
The extent of the contract is defined in the specifications and Bills of Quantities
.

Notice of Operations.

No operation shall be carried out without the full and complete notice having been given to the Engineer by the contractor
sufficiently in advance of the time of operation to enable the Engineer to make such arrangements as he deem necessary
for its inspection and checking.

The contractor shall give the Engineer not less than one (1) full working days notice in writing of his intention to set out
or give levels for any part of the drain in order that arrangements may be made for inspection and checking.See Appendix.
For notification and request for inspection form.

SECTION E: STANDARD FORMS

- 20 -
 FORM OF BID

[Date]________________________

COUNTY SECRETARY,
COUNTY GOVERNMENT OF UASIN GISHU
P.O. BOX 40 - 30100
ELDORET

Dear Sir,

RE: TENDER No. --------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------
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
Kenya Shillings: _________________________________________________________

_________________________________________________________[Amount in Words]

{(KShs. ______________________________________________[Amount in Figures]}

2. We undertake, if our bid is accepted, to commence the Works as soon as is reasonably possible after the receipt
of the Employer’s Representative’s notice to commence and to complete the whole of the Works comprised in
the Contract within ____________ Weeks.

3. We agree to abide by this Bid for a period of Ninety - (90) days from the closing date of submissions 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 Bid 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 bid you may receive.

Dated this ___________________________________ day of _______20________________

Signature __________________in the capacity of __________________________ duly authorised to sign bids

for and on behalf of
____________________________________________________________[Name of Bidder]

of _______________________________[Address of Bidder]

Witness:
Name and Address_____________________________________

Signature_____________________________ Date: _______________

- 21 -
 FORM OF AGREEMENT
(Only the successful bidder shall sign this form)

THIS AGREEMENT, made this _________________ day of ________ 20 ______ between County Government of Uasin
Gishu of P.O. Box 40 - 30100, Eldoret (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 works as stipulated under Tender
No.................................................................................(hereinafter called “the Works”) located within the Uasin Gishu
County and the Employer has accepted the bid submitted by the Contractor for the execution and completion of such
Works and the remedying of any defects therein for the Contract Price of Kenya Shillings:

_________________________________________________________________________________

_________________________________________________________________(Amount in Words)

{KShs._______________________________________________________ (Amount in Figures).

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 Bid

(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 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.

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

- 22 -
Signed Sealed, and Delivered on behalf of the Employer

______________________________
(COUNTY SECRETARY, COUNTY GOVERNMENT OF UASIN GISHU)
For and on behalf of the said Employer

In the presence of _____________________________________________________

(CHIEF OFFICER, WATER,ENVIRONMENT, NATURAL RESOURCES,TOURISM AND WILDLIFE MANAGEMENT.
Signature___________________________________

Date ____________________________________

In the presence of _____________________________________________________

(Name and Designation)

___________________________________
(Signature of Witness)

____________________________________
(Address of witness)

Signed Sealed, and Delivered on behalf of the Contractor

____________________________________________

In the presence of _____________________________________________________

(Name and Address of witness) (Date)

Signature of witness ______________________________

APPENDIX TO FORM OF AGREEMENT

- 23 -
This Appendix to Form of Agreement forms part of the Agreement.

(Note: with the exception of the items for which the Employer’s requirements have been inserted, the Contractor
shall complete the following information before submitting his offer.)

Item Sub-clause Data

Time for Completion 1.1.9

-----6--------- Months,
Priority of Documents 1.3 The documents forming the Contract shall be
interpreted in the following order of priority:

 the Contract Agreement and Appendix

 the Letter of Acceptance
 the Form of Tender
 the Conditions of Contract, Part II -
Conditions of Particular Application
 the Conditions of Contract, Part I - General
Conditions of Contract
 the Specifications
 the Drawings,
 the Priced Bill of Quantities

Law of Contract 1.4 Laws of the Republic of Kenya

Language 1.5 English

Provision of Site 2.1 On Commencement Date

Authorised Person 3.1 COUNTY SECRETARY.

P. O. Box 40 - 30100,
ELDORET

Name and Address of Employer’s 3.2 CHIEF OFFICER

Representative P. O. Box 40 - 30100,
ELDORET.

Penalty to the Contractor for 4.1.8 10% of the amount paid to the workers.
Employer paying workers on his
behalf
Performance Security Amount 4.4 Not Required.

4.4 N/A
No Bank Guarantee or Insurance Bond
Form of Bid Required
4.4
Requirements of Contractors 5.1 Not applicable
Design

Programme 7.2 Within 14 days of Commencement Date


Time of Submission

 Form of Programme 7.2 Bar chart

 Interval Updates 7.2.2

- 24 -
 Item Sub-clause Data

Liquidated Damages 7.4 0.01% of Contract Price per Day to a limit of

Amount payable due to failure to 5% of Contract Price.
complete
Percentage of Retention 11.4 and 11.5 Nil
Maximum Amount of Advance 11.3.1 Nil.
Payment
Form of Guarantee for Advance 11.3.1 Bank Guarantee or Insurance Bond
Payment
Valuation of Works 11.1.3 Re-measurements with Bills of Quantities

Repayment Schedule for Advance 11.3.2 0.1 % instalments from the ……..certificates.*
Payment
Minimum Amount of Interim 11.3.3 40% of the Contract Price excluding
Payment contingencies*
Currency of Payment 11.7 Kenya Shilling
Rate of Interest 11.8 Simple Interest at a rate of 2% above means
Base Lending Rate as issued by the Central
Bank of Kenya.

Insurance 14.1 Required

Insurance 14.1 Amount of Cover
 The Works, materials plants The Contract Price stated in the Agreement
& fees +15%.
 Contractor’s Equipment Full replacement cost.
 Third party injury to .............................................*
persons and damage to
property
 Workers compensation .............................................*

 Other cover
...........................................**
Arbitration
 Rules 15.3 CAP 49 of the Laws of Kenya
 Appointing Authority 15.3 Chairman Chartered Institute of Arbitrators,
Kenya Branch.
 Place of Arbitration 15.3 County Headquarters
* Employer to fill as appropriate
**Contractor to fill as appropriate

- 25 -
FORM OF PERFORMANCE BOND
(BANK GUARANTEE)
(Bidders submitting a banker’s cheque need not to sign this form)

________________________________ (Date)
COUNTY SECRETARY,
COUNTY GOVERNMENT OF UASIN GISHU
P.O. BOX 40 - 30100
ELDORET

Dear Sir,

WHEREAS ___________________________________________ (hereinafter called “the

Contractor”) has undertaken, in pursuance of _________________ dated ___________________ to execute
_________________________ (Hereinafter called “the Works”);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank
Guarantee by a Reputable Bank or a banker’s Cheque 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 Kenya Shillings _______________________________
_____________________________________________________ (Amount of Guarantee in Words)

{Kenya Shillings_____________________________________ (Amount of Guarantee in Figures)}, 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 there under 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 ________________________________________________________

Location (Town) ______________________________________________________

Branch ______________________________________________________________

Address _________________________ Date ________________

- 26 -
 QUALIFICATION INFORMATION
(All bidders shall complete this form otherwise, their bids shall be considered as non-responsive)

1. Individual Bidders or Individual Members of Joint Ventures

1.1 Constitution or legal status of bidder (attach copy of Certificate of Incorporation);

Place of registration: ____________________________

Principal place of business _____________________________

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

Year Volume

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. Attach
completion Certificates.

Type of Work
Name of Project and Name of Client and Value of Contract
Performed and Year of
Year Contact Person (KShs.)
Completion

- 27 -
1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all information
requested below.

Owned, leased
Description, Condition (New,
Item of (from whom?), or to
Make and age Good or Poor) and
Equipment be purchased (from
(Years) number available
whom?)

1.5 Qualifications and experience of key personnel proposed for administration and execution of the
Contract. Attach biographical data.

Years of experience Years of experience

Position Name
(General) in proposed position
Project Manager

Site Agent

etc.

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

_____________________________________________________________________

_____________________________________________________________________

- 28 -
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, E-mail 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 Bidders.

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

- 29 -
 BID QUESTIONNAIRE

Please fill in block letters.

1. Full names of bidder;

2. Full address of bidder to which bid correspondence is to be sent (unless an agent has been appointed below);

3. Telephone number (s) of bidder;

4. Telex of bidder;

5. Name of bidder’s representative to be contacted on matters of the bid during the bid period;

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

_______________________
Signature of Bidder

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

CONFIDENTIAL BUSINESS QUESTIONNAIRE

- 30 -
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or whichever applies to your
type of business.

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

Part 1 – General

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

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

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

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

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

(Attach copies of the following)

Current Single Business Permit No…………………… Expiring date…………………

PIN Certificate No. ……………… VAT Certificate No. ………………

Maximum value of business that you can handle at any time:

KShs…...........................

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

Branch…………………………………………………………………………………

Part 2 (a) – Sole Proprietors

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) – Limited Company

Public or Private ………………………………………………………………………………………

- 31 -
Give details of partners as follows: -

Name in full Nationality Citizenship Details Shares

1 ……………………………………………………………………………………

2 ……………………………………………………………………………………

3 ……………………………………………………………………………………

SECTION F: BILLS OF QUANTITIES

- 32 -
A. PREAMBLE

1. The Bill of Quantities shall be read in conjunction with the instructions to Bidders, General and Special Conditions
of Contract and Technical Specifications.

2. The quantities given in the Bill of Quantities are estimated and provisional and are given to provide a common
basis for bidding. The basis of payment will be the actual quantities of work ordered and carried out, as jointly
measured by the contractor and the appointed Engineer’s Representative and approved by the Engineer and valued
at the rates and prices Quoted in the priced Bill of Quantities where applicable, and otherwise at such rates and
prices as the Engineer may fix within the terms of the Contract.

3. The rates and prices Quoted in the priced Bill of Quantities shall, except insofar as it is otherwise under the Contract
include, maintenance, insurance, profit, together with all general risks, liabilities and obligations set out or implied
in the Contract. They shall also include the cost of transport and cell phone services for the Engineer’s Supervisory
staff for smooth and effective implementation of the works

4. A rate or price shall be entered against each item in the priced Bill of Quantities, whether quantities are stated or not.
The cost of Items against which the Contractor has failed to enter a rate or price shall be deemed to be deemed covered
under the Contract Price.

5. The whole cost of complying with the provisions of the Contract shall be included in the Items provided in the priced
Bill of Quantities, and where no Items are provided the cost shall be deemed to be distributed among the rates and
prices entered for the related Items of Works.

6. General directions and descriptions of work and materials are not necessarily repeated nor summarized in the Bill of
Quantities. References to the relevant sections of the contract documentation shall be made before entering prices
against each item in the priced Bill of Quantities.

7. The method of measurement of completed work for payment shall be in accordance with the Directions for
Measurement and Pricing included in the Standard Specification and Directions for Measurement and Pricing for
Water works Construction published by the Ministry of water, Environment, Natural resource, Tourism and Wildlife
Management , except where these Directions are specifically varied by the Special Specification.

8. Errors will be corrected in accordance with Clause 5.4 of the “Instructions to Bidders”.

9. The following abbreviations were used in the Bill of Quantities:

Unit Abbreviation
Millimetre ..................................................................................................................... mm
Metre ................................................................................................................................. m
Square Metre .................................................................................................................. m2
Cubic Metre .................................................................................................................... m3
Lump Sum.................................................................................................................... Sum
Kilometre........................................................................................................................ Km
Kilogram ..........................................................................................................................Kg
Litres .......................................................................................................................... Lts.

- 33 -
COUNTY GOVERNMENT OF UASIN GISHU

DEPARTMENT OF ENVIRONMENT WATER ENEFRGY AND NATURAL RESOURCES

BILL OF QUANTITIES
PROJECT –MAFUTA WATER PROJECT
Ziwa Ward Soy Sub-County
Eng.Est. Ksh.999,000

NO DESCRIPTION UNIT QTY RATE AMOUNT

1.000 GENERAL AND PLERIMINARY ITEMS
1.001 Allow for mobilization unit L/S
1.002 Allow supervision for the period of the works ITEM L/S 20,000
EARTH WORKS
1.003 Clear pipeline route of all tree and shrubs in m 1800
readiness for excavation.
1.004 Excavate and backfill pipe trench 600mm M 1800
wide commencing ground surface to a depth
of 600mm for the distribution line to the
satisfaction of the engineer.
1.005 Ditto but in hard
M 150
ground/rock/across the road
2.000 PIPELAYING
2.001 Purchase transport and lay 2”P.V.C D for NO 10
distribution main
Connect and test for leakages to the
satisfaction of the engineer.
2.002 Ditto but 1⅟ 2” PVC D Pipes NO 290
Ditto but 1⅟ 2” GI class B Pipes at road N0 25
crossings
3.000 Allow for necessary fittings (15%of piping cost) item L/S
Air Valves,gate valves
4.00 Purchase all necessary materials and construct N0 3
0 manhole chamber (600mmx600mm) with covers
to the satisfaction of the engineer
TOTAL ksh.

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Contractors sign and stamp...............................................................

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