Lot1B-MauMau RD PDF

CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION - TENDER DOCUMENT
CONSTRUCTION OF MAU MAU ROAD

LOT 1B:
KIAMBU COUNTY SECTION
TENDER No: KeNHA/2219/2019
TENDER DOCUMENT
OCTOBER 2019
Director Development Director General
Kenya National Highways Kenya National Highways
Authority Authority
P.O. Box 49712 P.O. Box 49712
NAIROBI, 00100 NAIROBI, 00100
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TABLE OF CONTENTS
Table of Contents
SECTION 1: INVITATION TO TENDER ............................................................................................................ 7
INVITATION FOR BIDS .................................................................................................................. 8
SECTION 2: INSTRUCTIONS TO BIDDERS ................................................................................................... 11
SECTION II: INSTRUCTIONS TO BIDDERS ............................................................................ 12
SCOPE OF BID ................................................................................................................................ 14
SOURCE OF FUNDS....................................................................................................................... 14
CORRUPT PRACTICES.................................................................................................................. 14
ELIGIBLE BIDDERS ...................................................................................................................... 14
QUALIFICATION OF THE BIDDER ............................................................................................. 15
ONE PER BIDDER .......................................................................................................................... 16
COST OF BIDDING ........................................................................................................................ 16
SITE VISIT ....................................................................................................................................... 16
BIDDING DOCUMENTS ................................................................................................................ 17
10 CLARIFICATION OF BIDDING DOCUMENTS ..................................................................... 18
11 AMENDMENT OF BIDDING DOCUMENTS .......................................................................... 18
PREPARATION OF BIDS ............................................................................................................... 18
13 DOCUMENTS COMPRISING THE BID .................................................................................. 18
14 BID PRICES ................................................................................................................................ 19
15 CURRENCY OF THE BID AND PAYMENT ........................................................................... 20
16 BID VALIDITY........................................................................................................................... 20
17 BID SECURITY .......................................................................................................................... 20
18 NO ALTERNATIVE OFFERS ................................................................................................... 21
19 PRE-BID MEETING ................................................................................................................... 21
20 FORMAT AND SIGNING OF BIDS .......................................................................................... 21
21 SEALING AND MARKING OF BIDS....................................................................................... 22
22 DEADLINE FOR SUBMISSION OF BIDS ............................................................................... 22
23 LATE BIDS ................................................................................................................................. 22
24 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS ................................... 22
25 BID OPENING ............................................................................................................................ 23
26 PROCESS TO BE CONFIDENTIAL.......................................................................................... 23
27 CLARIFICATION OF BIDS AND CONTACTING OF THE EMPLOYER ............................. 23
28 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS .................... 24
29 CORRECTION OF ERRORS ..................................................................................................... 24
30 EVALUATION AND COMPARISON OF BIDS ................................................................... 26
31 AWARD ...................................................................................................................................... 26
32 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ...... 27
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33 NOTIFICATION OF AWARD ................................................................................................... 27

34 SIGNING OF AGREEMENT ..................................................................................................... 27
35 PERFORMANCE SECURITY.................................................................................................... 27
36 ADVANCE PAYMENT .............................................................................................................. 28
37 CONTRACT EFFECTIVENESS ................................................................................................ 28
38 CORRUPT AND FRAUDULENT PRACTICES ....................................................................... 28
SECTION 3: INSTRUCTIONS TO BIDDERS ................................................................................................... 32
SECTION III: BIDDERS EVALUATION & QUALIFICATION CRITERIA ............................... 32
SECTION V: BID QUALIFICATION................................................................................................................. 58
SECTION 1 - GENERAL ........................................................................................................... 124
100 SPECIAL SPECIFICATIONS ............................................................................................. 124
101 LOCATION AND EXTENT OF SITE ................................................................................ 124
102 EXTENT OF CONTRACT ................................................................................................... 125
102.1 PROJECT COMPONENTS ........................................................................................ 126
102.2 SCOPE OF WORK....................................................................................................... 126
103 CONTRACT DRAWINGS ................................................................................................. 127
104 PROGRAMME OF EXECUTION OF THE WORKS ...................................................... 128
105 ORDER OF EXECUTION OF WORKS...................................................................... 128
107 TAKING OVER CERTIFICATE ................................................................................. 128
109 NOTICE OF OPERATIONS ......................................................................................... 128
111 NATIONAL SPECIFICATIONS ................................................................................... 129
121 DIVERSION OF SERVICES ......................................................................................... 129
123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS ............................... 129
127 INFORMATION FROM EXPLORATORY BORINGS AND TEST PITS............... 130
128 STORAGE OF MATERIALS ....................................................................................... 130
129 TEST CERTIFICATES .................................................................................................. 131
130 PROGRESS PHOTOGRAPHS ...................................................................................... 131
131 SIGNBOARDS ................................................................................................................. 131
132 HOUSING ACCOMMODATION FOR THE RESIDENT ENGINEER AND HIS
STAFF, OFFICE AND LABORATORY INCLUDING FURNITURE ................................... 131
133 TIME FOR ERECTION OF THE ENGINEER’S OFFICE AND LABORATORY 135
135 MAINTENANCE OF THE ENGINEER’S STAFF HOUSES, OFFICES,
LABORATORIES, FURNITURE AND EQUIPMENT ........................................................... 135
137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF ................................... 136
138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND
METHOD OF PAYMENT ..................................................................................................... 136
139 RECEIPTED ACCOUNTS ............................................................................................. 137
140 PAYMENT OF OVERTIME FOR ENGINEER’S JUNIOR STAFF......................... 138
141 MEASUREMENT AND PAYMENT .............................................................................. 138
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142 ENVIRONMENTAL PROTECTION ............................................................................ 138

144 COPIES OF ORDERS AND REQUISITIONS ............................................................. 140
145 SHORTAGE OF BITUMEN AND OTHER MATERIALS ......................................... 140
146 OFF ROAD ENVIRONMENTAL MEASURES ........................................................... 140
148 STAFF TRAINING ......................................................................................................... 141
SECTION 2 - MATERIALS AND TESTING OF MATERIALS ........................................ 142
SECTION 3 – SETTING OUT & TOLERANCES ............................................................... 143
301 SETTING OUT ...................................................................................................................... 143
302 TOLERANCES ................................................................................................................. 143
SECTION 4 - SITE CLEARANCE AND TOP SOIL STRIPPING ..................................... 144
401 SITE CLEARANCE ......................................................................................................... 144
402 REMOVAL OF TOPSOIL .............................................................................................. 144
403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS ......................... 144
SECTION 5 - EARTHWORKS ............................................................................................... 145
504 PREPARATION PRIOR TO FORMING EMBANKMENT ....................................... 145
505 CONSTRUCTION OF EMBANKMENTS .................................................................... 145
508 COMPACTION OF EARTHWORKS ........................................................................... 145
509 MASS-HAUL DIAGRAM................................................................................................ 146
511 BORROW PITS ................................................................................................................ 146
515 SIDE DRAINS ................................................................................................................... 146
517 MEASUREMENT AND PAYMENT ............................................................................. 146
SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS ........ 147
601 GENERAL ......................................................................................................................... 147
SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES ................................ 148
703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES ....................................... 148
707 BACKFILLING FOR STRUCTURES ........................................................................... 148
709 EXCAVATIONS FOR RIVER TRAINING AND NEW WATER COURSES .......... 148
710 STONE PITCHING .......................................................................................................... 148
712 RIP-RAP ............................................................................................................................ 148
714 BACKFILL BELOW STRUCTURES ............................................................................ 149
SECTION 8 - CULVERTS AND DRAINAGE WORKS ...................................................... 149
804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS................................. 149
805 EXCAVATION IN HARD MATERIAL ........................................................................ 149
809 BEDDING AND LAYING OF PIPE CULVERTS ........................................................ 150
810 JOINTING CONCRETE PIPES ..................................................................................... 151
812 BACKFILLING OVER PIPE CULVERTS ................................................................... 151
814 SUBSOIL DRAINS ........................................................................................................... 151
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818 SCOUR CHECKS ............................................................................................................. 152

821 PEDESTRIAN SLABS OVER OPEN DRAINS ............................................................ 152
822 INVERT BLOCK DRAINS ............................................................................................. 152
SECTION 11: SHOULDERS TO PAVEMENT AND FOOTPATHS ................................. 153
1107 FOOTPATHS ............................................................................................................. 153
1108 MEASUREMENT AND PAYMENT .......................................................................... 153
1203 MATERIAL REQUIREMENTS ........................................................................................ 154
1209 MEASUREMENT AND PAYMENT ................................................................................. 154
SECTION13: GRADED CRUSHED STONE SUBBASE AND BASE ................................ 155
1303 MATERIAL REQUIRMENTS .......................................................................................... 155
1306 LAYING AND COMPACTING GRADED CRSUHED STONE SUBBASE AND BASE
........................................................................................................................................................ 155
SECTION 14 - CEMENT TREATED MATERIALS ........................................................... 156
1401 CEMENT TREATMENT ............................................................................................ 156
1402 PROTECTION AND CURING ................................................................................... 156
SECTION 15 - BITUMINOUS SURFACE TREATMENTS ............................................... 157
PART A - GENERAL ................................................................................................................... 157
PART B - PRIME COAT AND TACK COAT .......................................................................... 157
PART C – SURFACE DRESSING.............................................................................................. 157
SECTION 16 - BITUMINOUS MIX BASES, BINDER COURSES AND WEARING
COURSES .................................................................................................................................. 160
PART B- ASPHALT CONCRETE FOR SURFACING ........................................................... 160
1601B DEFINITION ................................................................................................................ 160
1602B MATERIALS FOR ASPHALT CONCRETE............................................................ 160
1603B GRADING REQUIREMENTS.................................................................................... 162
1604B REQUIREMENTS FOR ASPHALT CONCRETE ....................................................... 162
1605B MIXING AND LAYING ASPHALT CONCRETE ................................................... 165
1606B COMPACTION ............................................................................................................ 165
PART C –DENSE BITUMEN MACADAM FOR BASE .......................................................... 166
1602C MATERIALS FOR DENSE BITUMEN MACADAM .............................................. 166
1603C GRADING REQUIREMENTS.................................................................................... 166
1604C REQUIREMENTS FOR BITUMEN MACADAM BASE COURSE ...................... 166
SECTION 17 - CONCRETE WORKS ................................................................................... 168
1703 MATERIALS FOR CONCRETE ............................................................................... 168
1704 DESIGN OF CONCRETE MIXES .................................................................................... 168
1713 FINISHES ON UNFORMED SURFACES ................................................................ 168
1725 SURFACE FINISHES .................................................................................................. 168
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1728 REINFORCEMENT FOR CONCRETE .................................................................... 168

SECTION 20 - ROAD FURNITURE ...................................................................................... 169
2004 PERMANENT ROAD SIGNS ..................................................................................... 169
2004B EXISTING ROAD SIGNS ........................................................................................... 169
2005 ROAD MARKING........................................................................................................ 169
2007 KERBS ........................................................................................................................... 169
2012 BOLLARDS................................................................................................................... 169
SECTION 22-DAYWORKS .................................................................................................... 170
2201 MEASUREMENTS AND PAYMENT........................................................................ 170
SECTION 24 - ENVIRONMENTAL MANAGEMENT PLAN ........................................... 171
2400 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN MATRIX ................... 172
SECTION 25 - OCCUPATIONAL HEALTH & SAFETY, HIV/AIDS & STI & STI
PREVENTION & GENDER AWARENESS MEASURES & CAMPAIGNS .................... 184
2500 SCOPE ........................................................................................................................... 184
2501 INTERPRETATION AND DOCUMENTATION ..................................................... 184
2502 GENERAL REQUIREMENTS ................................................................................... 184
2503 HIV/AIDS & STI TRAINING ..................................................................................... 184
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SECTION 1: INVITATION TO TENDER
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INVITATION FOR BIDS
CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION

TENDER NO: KeNHA/2219/2019
1. The Government of the Republic of Kenya has earmarked funds under the Development Vote
towards the cost of construction of various roads across the country. It is intended that part of
the proceeds of the Development Vote be applied to make eligible payments under contract
for Construction of Mau Mau Road.
2. The Mau Mau Road-LOT 1B: Kiambu County Section forms part of the larger Road Network
along Aberdare forest which is a major tea growing Zones. The road sections are situated in
Kiambu County within the jurisdiction of the Nairobi Region of the Kenya National
Highways Authority. The project starts at Kamahindu along Githunguri –Kimende Road and
takes a general north easterly direction through Jn C561 – Gatamaiyu – Nduriri – Kaguongo –
Nyanduma – Wangui – Mundoro – Gaitete - Gacharage– Kuri – Kamunyaka – Raini -
Kariminu – Mataara and ends at Gatakaini along Road B20. The project road also includes the
following spur road;
 Kitamaiyu–Kibichoi – Gathugu –Gicogocho–Wangui
 Gachika Link
 Ngewa – Kibichoi (B30) Road
 Nembu – Gathage
 Kanda Komu – Gatei
The entire project road measure approximately 85.6Km long and has on average, a 20m wide
right of way.
3. The Kenya National Highways Authority (KeNHA) now invites sealed bids through Open
Competitive Bidding (OCB) from eligible bidders registered with the National Construction
Authority under Category NCA -1 or equivalent for international firms for the execution of
the Construction of Mau Mau Road.
4. The Construction of Mau Mau Road-LOT 1B- Kiambu County Section, about 85.6Km long
road, will facilitate movement of passengers and freight, and further enhance access to
national and regional markets of the Agricultural and Industrial Products in the entire Central
Region of Kenya and the East African Region. The improved road geometrics and enhanced
pavement structure will go a long way in raising the level of service for the transit traffic. The
construction of footpaths at different towns along the corridor aimed at separating local non-
motorised traffic from the transit traffic on the main trunk road thereby improving the level of
service for long distance traffic besides improving road safety for many roadside traders most
of whom are women.
5. The proposed project is intended to construct the road to a 6.0m wide carriageway with 1.0m
shoulders on each side to reduce traffic friction complete with service roads in built-up
locations. The project will also provide facilities for the Non-Motorized Transport (NMT) in
traversed towns and traffic calming features on approach to trading centres to improve
accessibility to surrounding business areas and assure safety of road users along the Road
Corridor.
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7. Interested eligible bidders may obtain further information from and inspect the bidding
documents at the office of:
Deputy Director, Supply Chain Management

Kenya National Highways Authority,
Barabara Plaza, Jomo Kenyatta International Airport (JKIA), Off Mazao Road,
P.O. Box 49712 – 00100
NAIROBI, KENYA
8. A complete set of bidding documents may be obtained free of charge from the Kenya National
Highways website – www.kenha.co.ke or the Government of Kenya Supplier Portal –
www.supplier.treasury.go.ke or purchased from the above address by interested bidders upon
payment of a non-refundable fee of KShs. 1,000.00 (Kenya Shillings One Thousand Only) in
form of a banker’s cheque payable to: Kenya National Highways Authority.
9. The provisions in the Instructions to Bidders and in the General Conditions of Contract are
those of the Government of Kenya Standard Bidding Document for Procurement of Works and
Conditions of Contract for Works of Civil Engineering Construction - Part I, Fourth Edition
1987, reprinted in 1988 with additional amendments, reprinted in 1992 with further
amendments.
10. The Bidder MUST attach the following Mandatory Documentary Evidence in order to qualify;
i. Duly filled form of Bid.

ii. Copy of Certificate of Incorporation to show that the applicant is a registered
company and legally authorized to do business in Kenya.
iii. Copy of Registration Certificate with the National Construction Authority,
minimum class NCA 1 or Equivalent for International firms.
iv. Valid Tax Compliance Certificate.
v. Firm’s commitment to source at least 40% of Supplies from Kenyan Citizen

Contractors.
vi. All pages of the Submitted Bid Documents MUST be serialised sequentially.
11. Compulsory Site visit shall be conducted by the Employer on 08th October 2019 starting at
0900hrs starting with an assembly and briefing at the Junction of Northern Bypass and
Kiambu Road.
12. The bids must be accompanied by a bid security of KShs. 30,000,000.00 (Kenya Shillings
Thirty Million Only) in form of a bank guarantee only from a reputable bank. In case the
Guarantee is from a Foreign Bank, the Bidder shall be required to furnish the Authority with a
written confirmation authenticating the guarantee by a correspondent local bank.
13. The Bids Must Be enclosed in plain Packages and clearly marked with the Tender Number and
description, sealed and transmitted by courier or delivered by hand to the Address below or
deposited in the tender Box at Kenya National Highways Authority Headquarters, 2nd Floor Block
C, Barabara Plaza, Off Mazao Road, Jomo Kenyatta International Airport and/or to be addressed
to the:
Deputy Director, Supply Chain Management
Barabara Plaza, Jomo Kenyatta International Airport (JKIA),
Off Mazao Road,
P.O. Box 49712 – 00100
NAIROBI, KENYA
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so as to be received on or before Thursday, 31st October 2019 at 11.00am.
14. Electronic bidding will NOT be permitted. Late Bids will be rejected. Opening of the Bids will
take place immediately thereafter at the KeNHA offices 2nd Floor Boardroom, Block C, Barabara
Plaza, Off Mazao Road, Jomo Kenyatta International Airport in the presence of bidder’s
representatives who wish to attend.
15. Further information and clarification on the bidding documents may be obtained at the address
below:
Attention: Director-Development
Street Address: Kenya National Highways Authority
Barabara Plaza
Floor/Room Number: Block A , North Wing, 1st Floor
City: NAIROBI, KENYA
Telephone: +254 20 4954200
Email addresses: (1) directordevelopment@kenha.co.ke
(2) dg@kenha.co.ke
Deputy Director Supply Chain Management

For: Director General
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SECTION 2: INSTRUCTIONS TO BIDDERS
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SECTION II: INSTRUCTIONS TO BIDDERS
A. GENERAL .......................................................................................................................... 3
1 Scope of Bid......................................................................................................................... 3
2 Source of Funds ................................................................................................................... 3
3 Corrupt Practices.................................................................................................................. 3
4 Eligible Bidders ................................................................................................................... 4
5 Qualification of the Bidder .................................................................................................. 4
6 One per Bidder ..................................................................................................................... 5
7 Cost of Bidding .................................................................................................................... 6
8 Site Visit .................................................................................................................................. 6
B. BIDDING DOCUMENTS ................................................................................................. 6
9 Contents of Bidding Documents .......................................................................................... 6

10 Clarification of Bidding Documents .................................................................................... 7
11 Amendment of Bidding Documents .................................................................................... 7
C. PREPARATION OF BIDS ................................................................................................ 8
12 Language of Bid................................................................................................................... 8
13 Documents Comprising the Bid ........................................................................................... 8
14 Bid Prices ................................................................................................................................. 9
15 Currency of the Bid and Payment ...................................................................................... 10
16 Bid Validity........................................................................................................................ 10
17 Bid Security ....................................................................................................................... 10
18 No Alternative Offers ........................................................................................................ 11
19 Pre-bid Meeting ................................................................................................................. 11
20 Format and Signing of Bids ............................................................................................... 11
D. SUBMISSION OF BIDS .................................................................................................. 12
21 Sealing and Marking of Bids ............................................................................................. 12

22 Deadline for Submission of Bids ....................................................................................... 12
23 Late Bids .................................................................................................................................. 12
24 Modification, Substitution and Withdrawal of Bids .......................................................... 13
E. BID OPENING AND EVALUATION ........................................................................... 13
25 Bid Opening ....................................................................................................................... 13
26 Process to be Confidential ................................................................................................. 13

27 Clarification of Bids and Contacting of the Employer ...................................................... 14
12
28 Examination of Bids and Determination of Responsiveness ............................................. 14

29 Correction of Errors ........................................................................................................... 14
30 Evaluation and Comparison of Bids .................................................................................. 15
F. AWARD OF CONTRACT .............................................................................................. 16
31 Award....................................................................................................................................... 16
32 Employer's Right to Accept Any Bid and to Reject Any or All Bids ................................ 16
33 Notification of Award ........................................................................................................ 16
34 Signing of Agreement ........................................................................................................ 17
35 Performance Security ......................................................................................................... 17
36 Advance Payment .............................................................................................................. 17
37 Contract Effectiveness ....................................................................................................... 17
38 Corrupt and Fraudulent Practices....................................................................................... 17
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A. GENERAL
SCOPE OF BID
1.1 The Employer, indicated in Section II, Bid Data Sheet (BDS) and as defined in Part III: Conditions
of Contract hereinafter referred to as “the Employer” issues this Bidding Document for the
procurement of Works described in Part IV, Section IX, Clause 101 and 102 of the Particular
Specifications for the Works. The name, identification, and number of lots are provided in the BDS.
1.2 The successful bidder will be expected to complete the Works within the period stated in Part III,
Section VIII, Appendix form of bid sheet, from the date of commencement of the Works.
1.3 Unless otherwise stated, throughout this Bid Document, definitions and interpretations shall be as
prescribed in Part 3: Conditions of Contract.
SOURCE OF FUNDS
2.1 The source of funding is the Government of Kenya (Development Vote)
CORRUPT PRACTICES
3.1 The Government of Kenya requires that Bidders, Suppliers, Sub-Contractors and Supervisors
observe the highest standard of ethics during the procurement and execution of such Contracts. In
this pursuit of this policy, the Government;
(a) Defines for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value
to influence the action of a public official in the procurement process or in the execution
(ii) “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 Employer, and
includes collusive practices among bidders (prior to or after bid submission) designed to
establish bid prices at artificial, non-competitive levels and to deprive the Employer of the
benefits of free and open competition
(iii) “collusive Practice” is an arrangement between two or more parties, designed to achieve an
improper purpose, including to influence improperly the actions of another party
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or the property of the party to influence improperly the actions of a
party
(b) Will reject a proposal for award if it determines that the Bidder recommended for award has,
directly or through an agent, engaged in corrupt or fraudulent practices in competing for the
Contract
(c) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
government contract if it at any times determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a Government financed contract.
ELIGIBLE BIDDERS
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4.1 This invitation to bid is open to all Bidders who are legally registered or incorporated in the
Republic of Kenya as of the time of bid submission. Registration with the Kenyan
National Construction Authority as a Contractor in Category 1 or its equivalent for
international firms is mandatory.
4.2 Bidders may also associate in submission of the Bid so long as the submission is supported by a
letter of intent to enter into an agreement or under an existing agreement in the form of a joint
venture, consortium, or association (JVCA).
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall
be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties
in this bidding process, if:
(a) They have controlling partners in common; or
(b) They receive or have received any direct or indirect subsidy from any of them; or
(c) They have the same legal representative for purposes of this bid; or
(d) They have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to information about or influence on the bid of another Bidder,
or influence the decisions of the Employer regarding this bidding process; or
(e) They participated as a Consultant in the preparation of the design, documentation or technical
specifications of the works that are the subject of this bid other than as far as required by the
Employer; or
(f) They or any of their affiliates has been hired, or is proposed to be hired, by the Employer for
Supervision of the Contract.
4.4 A firm that is under a declaration of ineligibility by the Employer and/or the World Bank and or the
African Development Banks in accordance with Clause 3, at the date of submission of the bid or
thereafter, shall be disqualified.
4.5 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as
the Employer shall reasonably request.
4.6 Government-owned entities shall be eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under the principles of commercial law, and (iii) are not
dependent agencies of the Employer or the World Bank.
4.7 In case a pre-qualification process has been conducted prior to the bidding process, this bidding is
open only to the pre-qualified Bidders.
QUALIFICATION OF THE BIDDER

5.1 Bidders shall as part of their bid:
(a) Submit a written power of attorney authorising the signatory of the bid to commit the bidder
(b) Update any information submitted with their bids and update in any case the information
indicated in the schedules and continue to meet the minimum threshold criteria set out in the
bid documents
5.2 As a minimum, Bidders shall provide latest information set out below:
(a) Evidence of access to lines of credit and availability of other financial resources
(b) Financial predictions for the current year and the two subsequent years, including the effect of
known commitments
(c) Current work commitments
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(d) Current litigation information

(e) Availability of critical equipment
(f) Availability of key technical personnel

(g) Similar work experience
(h) History of non performing contracts

(i) Details of Sub-Contractors, if any
5.3 Bidders shall also submit proposals of work methods and schedule in sufficient detail to
demonstrate the adequacy of the bidder‟s proposals to meet the technical specifications
and the completion time referred to in Clause 1.2 above.
5.4 In case of a JVCA, the following shall apply:
(a) The bid, and in case of a successful bid, the Form of Agreement, shall be signed to be legally
binding on all partners.
(b) One of the partners shall be nominated as being in charge, and this authorisation shall be
evidenced by submitting of a power of attorney signed by legally authorised signatories of all
the partners
(c) The partner in charge shall be authorised to incur liabilities and receive instructions for and on
behalf of any and all partners of the JVCA and the entire execution of the contract including
payment shall be done exclusively with the partner in charge
(d) The JVCA shall nominate a Representative who shall have the authority to conduct all
businesses for and on behalf of any and all the partners of the JVCA during the bidding process
and, in the event, the JVCA is awarded the Contract, during contract execution.
(e) All partners in a JVCA shall be liable jointly and severally for the execution of the contract in
accordance with the contract terms, and a relevant statement to this effect shall be included in
the authorization mentioned under (b) above as well as in the Form of Bid and the Form of
Agreement (in case of a successful tender)
(f) A copy of the agreement entered into by the JVCA partners shall be submitted with the tender.
ONE PER BIDDER

6.1 Each bidder shall submit only one bid. A bidder who submits or participates in more than one bid
will be disqualified. However, this does not limit the inclusion of the same sub-Contractor, not
otherwise participating as a Bidder, in more than one bid.
COST OF BIDDING
7.1 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, regardless of the conduct or
outcome of the bidding process.
7.2 The price to be charged for hard copy of the bid document shall be KShs 1,000.00/=.
SITE VISIT
8.1 The Bidder is informed that pre-bid site visit is mandatory and he/she shall examine the Site of
Works and its surroundings and obtain for himself all information that may be necessary for
preparing the bid and entering into a contract for construction of the Works. The Bidder’s
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designated representative at this pre-bid site visit must be professionally qualified in the field
of Civil Engineering. The Employer will not recognize representation by people such as clerks,
secretaries or drivers. The costs of visiting the site shall be at the bidder’s own expense.
8.2 The Bidder and any of his personnel or agents will be granted permission by the Employer to enter
its premises and lands for the purpose of such inspection, but only on the express condition that the
Bidder, its personnel and agents, will release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will be responsible for personal injury
(whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and
expenses however caused, which but for the exercise of such permission would not have arisen.
8.3 The Employer will conduct a Site Visit concurrently with the pre-bid meeting referred to in Clause
19, attendance for which is mandatory for all bidders. Failure to attend the site visit by any bidder
will lead to disqualification of his /her bid.
BIDDING DOCUMENTS
9 CONTENTS OF BIDDING DOCUMENTS

9.1 The Bidding Document consists of 6 parts, which include all the Sections indicated below, and
should be read in conjunction with any Addenda issued in accordance with ITB 11.
(a) Part 1: Bidding Procedures

Section I: Instructions to Bidders
Section II: Bid data sheet
Section III: Bidders Evaluation & Qualification Criteria
(b) Part 2: Bid Requirements

Section IV: Bidding Forms
Section V: Bid Qualification
Section VI: Technical Proposal
(c) Part 3: Conditions of Contract & Form of Agreement

Section VIIA: General Conditions of Contract
Section VIIB: Particular Conditions of Contract

Section VIII: Contract Agreement Forms
(d) Part 4: Specifications for the Works

Section IX: Standard Specifications
Section X: Particular Specifications for the Works
(e) Part 5: Bills of Quantities

Section XI: Bills of Quantities
(f) Part 6: Drawings
Section XII: Book of Drawings
9.2 The Bidder shall obtain the Bid Document from the source stated by the Employer in the Invitation
for Bids; otherwise, the Employer is not responsible for the completeness of the Bidding
Document.
9.3 The bidder is expected to examine carefully all instructions, conditions, forms, terms, specifications
and drawings in the bidding documents. Failure to comply with the requirements of bid submission
17
will be at the bidder’s own risk. Bids that are not substantially responsive to the requirements of the
bidding documents will be rejected.
9.4 All bidders for the proposed contract for the purpose of submitting a bid (whether they submit the
bid or not) shall treat the details of the bid documents as „private and
confidential‟
10 CLARIFICATION OF BIDDING DOCUMENTS

10.1 The prospective bidder requiring any clarification of the bidding documents may notify the
Employer in writing or by cable, (hereinafter the term cable is deemed to include
telex and facsimile) at the Employer’s mailing address indicated in the Bidding Data.
10.2 The Employer will respond in writing to any request for clarification that he receives earlier than 7
days prior to the deadline for the submission of bids. Copies of the
Employer’s response to queries raised by bidders (including an explanation of the query
but without identifying the sources of the inquiry) will be sent to all prospective bidders who will
have purchased the bidding documents.
11 AMENDMENT OF BIDDING DOCUMENTS

11.1 At any time prior to the deadline for submission of bids, the Employer may, for any reason, whether
at his own initiative or in response to a clarification requested by a prospective bidder, modify the
bidding documents by issuing subsequent Addenda.
11.2 The Addendum thus issued shall be part of the bidding documents pursuant to Sub-clause 10.1 and
shall be communicated in writing or cable to all purchasers of the bidding documents and will be
binding upon them. Prospective bidders shall promptly acknowledge receipt of each Addendum in
writing or by cable to the Employer.
11.3 In order to afford prospective bidders reasonable time in which to take an Addendum into account
in preparing their bids, the Employer may, at his discretion, extend the deadline for the submission
of bids in accordance with Clause 22.
PREPARATION OF BIDS
12 LANGUAGE OF BID
12.1 The bid prepared by the bidder and all correspondences and documents relating to the bid
exchanged by the bidder and the Employer shall be written in the English Language. Supporting
documents and printed literature furnished by the bidder may be in another language provided they
are accompanied by an appropriate translation of pertinent passages in the above stated language.
For the purpose of interpretation of the bid, the English language shall prevail.
13 DOCUMENTS COMPRISING THE BID

13.1 The bid to be prepared by the bidder shall comprise duly-filled in/completed:
1. Letter of Bid
2. Schedule of Adjustment Data
3. Form of Written Power of Attorney
4. Certificate of Bidder’sVisit to Site
5. Letter of Bid Security (Bid Bank Guarantee)
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6. Letter of Bid Security Declaration

7. Schedule of Basic Rates of Materials
8. Schedule of Local Labour Basic Rates

9. Details of Sub–Contractors
10. Priced Bills of Quantities
11. Schedules of information

12. Qualification Criteria
13. Documentary evidence establishing the eligibility of the Goods and Related Services offered
by the Bidder
14. Documentary evidence establishing the Bidder’s qualifications in accordance with the
requirements of Section III, Evaluation and Qualification Criteria, using the relevant forms
furnished in Section V, Bid Qualification
15. Documentary evidence as specified in the BDS, establishing the conformity of the Technical
Proposal offered by the Bidder with the Bidding Document, using the relevant forms furnished
in Section VI, Technical Proposal
16. In the case of a bid submitted by a JVCA, JVCA agreement, or letter of intent to enter into a
JVCA including a draft agreement, indicating at least the parts of the requirements to be
executed by the respective partners;
17. Any other materials required to be completed and submitted in accordance with the
Instructions to Bidders embodied in these bidding documents.
13.2 These Forms, Bills of Quantities and Schedules provided in these bidding documents shall be used
without exception (subject to extensions of the Schedules in the same format).
14 BID PRICES
14.1 Unless explicitly stated otherwise in the bidding documents, the Contract shall be for the whole
works as described in Sub-clause 1.1, based on the basic unit rates and prices in the Bill of
Quantities submitted by the bidder.
14.2 All the insertions made by the bidder shall be made in INDELLIBLE INK and the bidder shall
clearly form the figures. The relevant space in the Form of Bid and bills of quantities shall be
completed accordingly without interlineations or erasures except those necessary to correct errors
made by the bidder in which case the erasures and the person signing the bid shall initial
interlineations.
14.3 The bidder shall fill in rates and prices for all items of Works described in the Bills of Quantities,
whether quantities are stated or not. Items against which no rate of price is entered by the tenderer
will not be paid for by the employer when executed and shall be deemed covered by the rates for
other items and prices in the Bills of Quantities. The prices and unit rates in the Bills of Quantities
are to be the full (all inclusive) value of the work described under the items, including all costs and
expenses which may be necessary and all general risks, liabilities and obligations set forth or
implied in the documents on which the tender is based. All duties, taxes and other levies payable by
the Contractor under the contract, or for any other cause prior to the deadline for the submission of
tenders, shall be included in the rates and prices and the total tender price submitted by the bidder.
Each price or unit rate inserted in the Bill of Quantities should be a realistic estimate for completing
the activity or activities described under that particular item and the bidder is advised against
inserting a price or rate against any item contrary to this instruction.
19
Every rate entered in the Bill of Quantities, whether or not such a rate is associated with the
quantity, shall form part of the contract. The employer shall have the right to call for any item of
work contained in the Bills of Quantities, and such items of work to be paid for at the rate entered
by the bidder and it is the intention of the Employer to take full advantage of the unbalanced low
rates.
14.4 All duties, taxes (excluding VAT) and other levies payable by the Contractor under the Contract, or
for any other cause as of the date 28 days prior to the deadline for submission of bids, shall be
included in the rates and prices and the total Bid Price submitted by the bidder.
14.5 Unless otherwise provided in the Bidding Data and Conditions of Particular Application, the rates
and prices quoted by the bidder are subject to adjustment during the performance of the contract in
accordance with the provisions of Clause 70 of the Conditions of Contract. The bidder shall furnish
with his bid written confirmation from his suppliers or manufacturers of basic unit rates for the
supply of items listed in the Conditions of Contract clause 70 where appropriate. The Employer
may require the bidder to justify such rates so obtained from the suppliers or manufacturers.
15 CURRENCY OF THE BID AND PAYMENT

15.1 The bid shall be priced in Kenya Shillings.
15.2 Any payments pursuant to the bid shall be made in Kenya Shillings
16 BID VALIDITY
16.1 The bid shall remain valid and open for acceptance for a period of 120 days from the specified date
of bid opening specified in Clause 22 or from the extended date of tender opening, whichever is
later.
16.2 In exceptional circumstances prior to expiry of the original bid validity period, the Employer may
request that the bidders extend the period of validity for a specified additional period. The request
and the responses thereto shall be made in writing or by cable. A bidder may refuse the request
without forfeiting his bid security. A bidder agreeing to the request will not be required nor
permitted to modify his bid, but will be required to extend the validity of his bid security for the
period of the extension, and in compliance with Clause 17 in all respects.
17 BID SECURITY
17.1 The bidder shall furnish, as part of his bid, a bid security in the amount shown in the
Appendix form of bid Sheet.
17.2 The bid security shall be in the form of unconditional bank guarantee from a reputable bank
selected by the bidder and located in Kenya (Insurance bonds shall not be accepted). The format of
the bank guarantee shall be in accordance with bid security included in Section 1. The bid security
shall remain valid for a period of 30 days beyond the original validity period for the bid, and
beyond any period of extension subsequently requested under Sub-clause 16.2.
17.3 Any bid not accompanied by an acceptable bid security will be rejected by the Employer as non-
responsive.
17.4 The bid securities of unsuccessful bidders will be discharged/ returned as promptly as possible, but
not later than 28 days after the expiration of the period of bid security validity.
17.5 The bid security of the successful bidder will be discharged upon the bidder signing the Contract
Agreement and furnishing the required performance security.
17.6 The bid security may be forfeited:
(a) If a bidder withdraws his bid, except as provided in Sub-clause 24.2

20
(b) If the bidder does not accept the correction of any errors, pursuant to Clause 29 or in
accordance with Sub-clause 28.2 or
(c) In the case of a successful bidder, if he fails within the specified time limit to:
1. Sign the Contract Agreement or

2. Furnish the necessary performance security
18 NO ALTERNATIVE OFFERS
18.1 The bidder shall submit one offer, which complies fully with the requirements of the bidding
documents unless otherwise provided in the Appendix form of bid Sheet.
18.2 The bid submitted shall be solely on behalf of the bidder and only one bid may be submitted by
each bidder either by himself or as a partner in a joint venture. A bidder who submits or participates
in more than one bid will be disqualified.
18.3 A price or rate shall be entered in indelible ink against every item in the Bills of Quantities with the
exception of items which already have Prime Cost or Provisional sums affixed thereto. The bidders
are reminded that no “nil” or “included” rates or “lump-sum” discounts will be accepted. The rates
for various items should include discounts if any. Bidders who fail to comply will be disqualified.
18.4 A bidder shall not attach any conditions of his own to his bid. The bid price must be based on the
bid documents. The bidder is not required to present alternative construction options and he shall
use without exception, the Bills of Quantities as provided, with the amendments as notified in
the TENDER NOTICES, if any, for the calculation of the bid price. Any bidder who fails to
comply with the clause will be disqualified.
19 PRE-BID MEETING
19.1 The bidders designated representative and who must be one of the technical persons listed as a key
staff in Form Per - 1.1 is invited to attend a pre-bid meeting, which will take place at the venue
and time indicated in the Invitation to Bid/Tender Notice. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at that stage.
19.2 The bidder is requested as far as possible to submit any questions in writing or by cable, to reach the
Employer not later than one week before the meeting. It may not be practicable at the meeting to
answer questions received late, but questions and responses will be transmitted in accordance with
the Minutes of the meeting, including the text of the questions raised and the responses given
together with any responses prepared after the meeting, will be transmitted without delay to all
purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-
clause 8.1, which may become necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuant to Clause 10 or through the
minutes of the pre-bid meeting.
19.3 Non-attendance at the pre-bid meeting by a Bidder will be a cause for disqualification of his bid.
20 FORMAT AND SIGNING OF BIDS

20.1 The bidder shall prepare one original of the documents comprising the bid as described in Clause 13
of these Instructions to Bidders, bound with the section containing the Form of Bid, and clearly
marked “ORIGINAL”. In addition, the bidder shall submit two copies of the bid clearly marked
“COPIES”. In the event of discrepancy between them, the original shall prevail.
20.2 The original and copies of the bid shall be typed or written in indelible ink (in the case of copies,
photocopies are also acceptable) and shall be signed by a person or persons duly authorized to sign
21
on behalf of the bidder pursuant to Sub-clause 5.1(a). The person or persons signing the bid shall
initial all pages of the bid where entries or amendments have been made.
20.3 The bid shall be without alterations, omissions or conditions except as necessary to correct errors
made by the bidder, in which case such corrections shall be initialled by the person or persons
signing the bid.
D. SUBMISSION OF BIDS
21 SEALING AND MARKING OF BIDS

21.1 The bidder shall seal the original and each copy of the bid in separate envelopes duly
marking the envelopes “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer
separate envelope.
21.2 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. In addition to the identification
required in sub-clause 21.1, 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
23.1, and for matching purposes under Clause 24.
(c) Provide a warning not to open before the time and date for bid opening, as specified in the
Bidding Data.
21.3 If the outer envelope is not sealed and marked as instructed above, the Employer will assume no
responsibility for the misplacement or premature opening of the bid. A bid opened prematurely for
this cause will be rejected by the Employer and returned to the bidder.
22 DEADLINE FOR SUBMISSION OF BIDS

22.1 Bids must be received by the Employer at the address specified in Sub Clause 21.2 not later than
the time and date indicated in the invitation to Bid/Tender Notice.
22.2 bids delivered by hand must be placed in the „tender box‟ provided in the office of the employer
22.3 Proof of posting will not be accepted as proof of delivery and any bid delivered after the above
stipulated time, from whatever cause arising will not be considered.
22.4 The Employer may, at his discretion, extend the deadline for the submission of bids through the
issue of an Addendum in accordance with Clause 11 in which case all rights and obligations of the
Employer and the bidders previously subject to the original deadline shall thereafter be subject to
the new deadline as extended.
23 LATE BIDS
23.1 Any bid received by the Employer after the deadline for submission of bids prescribed in Clause 22
will be returned unopened to the bidder.
24 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS

24.1 The bidder may modify, substitute or withdraw his bid after bid submission, provided that written
notice of modification or withdrawal is received by the Employer prior to the prescribed deadline
for submission of bids.
24.2 The Bidder’smodification, substitution or withdrawal notice shall be prepared, sealed,
marked and delivered in accordance with the provisions of Clause 21, with the outer and
inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as
22
appropriate.
24.3 No bid may be modified subsequent to the deadline for submission of bids, except in accordance
with Sub-clause 28.1.
Any withdrawal of a bid during the interval between the deadline for submission of bids and
expiration of the period of bid validity specified in Clause 17 may result in the forfeiture of the bid
security pursuant to Sub-clause 17.6.
E. BID OPENING AND EVALUATION
25 BID OPENING
25.1 The Employer will open the bids, including withdrawals and modifications made pursuant to Clause
24, in the presence of bidders' designated representatives who choose to attend, at the time, date
and location indicated in the Invitation to Bid/Tender Notice. The bidders' representatives who
are present shall sign a register evidencing their attendance.
25.2 Envelopes marked "WITHDRAWAL" and “SUBSTITUTION” shall be opened first and the name
of the bidder shall be read out. Bids for which an acceptable notice of withdrawal has been
submitted pursuant to Clause 23 shall not be opened.
25.3 The bidder's name, the Bid Prices, including any bid modifications and withdrawals, the presence
(or absence) of bid security, and any such details as the Employer may consider appropriate, will be
announced by the Employer at the opening. Subsequently, all envelopes marked
“MODIFICATION” shall be opened and the submissions therein read out in appropriate detail. No
bid shall be rejected at bid opening except for late bids pursuant to Clause 23.
25.4 The Employer shall prepare minutes of the bid opening, including the information disclosed to
those present in accordance with Sub-clause 25.3.
25.5 Bids not opened and read out at bid opening shall not be considered further for evaluation,
irrespective of the circumstances.
26 PROCESS TO BE CONFIDENTIAL
26.1 Information relating to the examination, evaluation and comparison of bids, and recommendations
for the award of 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 processing of bids or award decisions may result in
the rejection of the bidder's bid.
27 CLARIFICATION OF BIDS AND CONTACTING OF THE EMPLOYER

27.1 To assist in the examination, evaluation, and comparison of bids, the Employer may, at his
discretion, ask any bidder for clarification of their bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, 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 28.
27.2 Subject to Sub-clause 26.1, no bidder shall contact the Employer on any matter relating to its bid
from the time of the bid opening to the time the contract is awarded. If the bidder wishes to bring
additional information to the notice of the Employer, it should do so in writing.
27.3 Any effort by the bidder to influence the Employer in the Employer's bid evaluation, bid
comparison or contract award decisions may result in the rejection of the bidder's bid.
23
28 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

28.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid
(a) has been properly signed; (b) is accompanied by the required securities; (c) is substantially
responsive to the requirements of the bidding documents; and (d) provides any clarification and/or
substantiation that the Employer may require to determine responsiveness pursuant to Sub-clause
28.2.
28.2 A substantially responsive bid is one that conforms to all the terms, conditions, and specifications of
the bidding documents without material deviation or reservation and has a valid BID bank
guarantee. A material deviation or reservation is one (a) which affects in any substantial way the
scope, quality, or performance of the works; (b) which limits in any substantial way, inconsistent
with the bidding documents, the Employer'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.
28.3 Each price of unit rate inserted in the Bills of Quantities shall be a realistic estimate of the cost of
completing the works, described under the particular item including allowance for overheads,
profits and the like. Should a tender be seriously unbalanced in relation to the Employer‟s estimate
of the works to be performed under any item or groups of items, the tender shall be deemed not
responsive.
28.4 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.
29 CORRECTION OF ERRORS
29.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic
errors in the computations and summations. 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
as indicated in the Form of Bid 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 prevail, unless in the
opinion of the Employer, there is an obvious typographical error, in which case adjustment will
be made to the entry containing the 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 Bills of Quantities, the amount as stated in the
Form of Bid shall prevail.
(d) The error correction factor shall be computed by expressing the difference between the bid
amount and the corrected bid sum as a percentage of the corrected Contractor’s work (ie
corrected tender sum less prime cost and Provisional sums)
(e) The error correction factor shall be applied to all the Contractor’s work (as a rebate or addition
as the case may be) for the purposes of valuations for interim certificates and valuations 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
bidder. If the bidder does not accept the corrected amount, the bid may be rejected and the Bid
Security may be forfeited in accordance with clause 17.
29.2 Any error by the Bidder in pricing or extending the Bills of Quantities or carrying forward to the
summary or BID Sum, shall be corrected in such a way that the BID Sum remains unaltered and the
Bidder shall within seven (7) days after issuance of the written notice by the Employer, or such
24
further time as the Employer may allow, correct his BID in such a manner as may be agreed or
directed by the Employer failing which the BID may be absolutely rejected and the Bid Security
forfeited in accordance with Sub-clause 17.6.
25
30 EVALUATION AND COMPARISON OF BIDS

30.1 The Employer will then evaluate and compare only the bids determined to be substantially
responsive in accordance with Clauses 27 and 28.
30.2 In evaluating bids, the employer will determine for each bid the evaluated bid price by adjusting the
bid price as follows
(a) Making any correction of errors pursuant to clause 29
(b) excluding provisional sums and provision, if any, for contingencies in the bills of Quantities,
but including Dayworks where competitively priced
30.3 The Employer reserves the right to accept any variation, deviation or alternative offer, variation,
deviation or alternative offer and other factors which are in excess of the requirements of the bid
documents or otherwise result in the accrual of unsolicited benefits to the Employer, shall not be
taken into account in tender evaluation.
30.4 Price adjustment provisions in the Conditions of Contract applied over the period of execution of
the contract shall not be taken into account in the bid evaluation.
30.5 Preference where allowed in the evaluation of bids shall not exceed 15%.
30.6 The procuring entity may at any time terminate procurement proceedings before contract award and
shall not be liable to any person for the termination.
30.7 The procuring entity shall give prompt notice for the termination to the bidders and on request give
its reasons for termination within 14days of receiving the request from any bidder.
30.8 A bidder who gives false information in the bid document about his qualification of who refuses to
enter into a contract after notification of award shall be considered for debarment from participating
in future public procurement.
30.9 If the bid, which results in the lowest Evaluated Bid Price is seriously unbalanced or front loaded in
relation to the Engineer's estimate of the items of work to be performed under the contract, the
Employer may require the bidder to produce detailed price analyses for any or all items of the Bills
of Quantities, to demonstrate the internal consistency of those prices with the construction methods
and schedule proposed. After evaluation of the price analyses, taking into consideration the
schedule of estimated contract payments, the Employer may require that the amount of the
Performance Security set forth in Clause 35 be increased at the expense of the bidder to a level
sufficient to protect the Employer against financial loss in the event of default of the successful
bidder under the contract.
30.10 There will be preference for domestic bidders in accordance with section 39 (8) of the Public
Procurement and Disposal Act, 2005 and section 28 of the Public Procurement and Disposal
Regulations, 2006 all of the Laws of Kenya.
30.11 Poor past performance of the bidder shall be used as evaluation criteria in accordance with Section
5: Qualification criteria.
F. AWARD OF CONTRACT
31 AWARD
31.1 Subject to Clause 32, 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 pursuant to Clause 29, provided that such bidder has been determined to be (a)
eligible in accordance with the provisions of Sub-clause 4.1, and (b) qualified in accordance with
the provisions of Clause 5.
26
32 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL

BIDS
32.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids, at any time prior to 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.
33 NOTIFICATION OF AWARD
33.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will
notify the successful bidder in writing or by cable confirmed by registered letter that its bid has
been accepted. This letter (hereinafter and in the Conditions of Contract called "Letter of
Acceptance") shall specify the sum, which the Employer will pay the Contractor in consideration
of the execution and completion of the works and
the remedying of any defects therein by the Contractor as prescribed by the contract (hereinafter
and in the Conditions of Contract called "the Contract Price").
33.2 At the same time that the Employer notifies the successful bidder that his bid has been accepted, the
Employer shall notify the other bidders that their bids have been unsuccessful and that their bid
securities will be returned as promptly as possible, in accordance with sub-clause 17.4.
34 SIGNING OF AGREEMENT
34.1 At the same time that the Employer notifies the successful bidder that its bid has been accepted, the
Employer will send the bidder the Agreement in the form provided in the bidding documents,
incorporating all agreements between the parties.
34.2 Within 14 days of receipt of the form of contract agreement from the employer, the successful
bidder shall sign the form and return it to the employer together with the required performance
security.
34.3 The parties to the contract shall have it signed within 30 days from the date of notification of
contract award unless there is an administrative review request.
35 PERFORMANCE SECURITY
35.1 Within twenty-eight (28) days of receipt of the notification of award from the Employer, the
successful bidder shall furnish to the Employer a performance security in the form stipulated in the
Conditions of contract. The form of performance security provided in Section 9 of the bidding
documents shall be used.
35.2 The successful bidder shall provide a performance security in the form of an Unconditional Bank
Guarantee from a reputable bank approved by the employer and located in Kenya.
35.3 Failure by the successful Bidder to lodge the required Performance Guarantee shall constitute a
breach of contract and sufficient grounds for the annulment of the Award and forfeiture of the
Bid Surety; in which event the Employer may make the award to the next ranked bidder or call for
new bids.
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36 ADVANCE PAYMENT
36.1 An advance payment, if approved by the Employer, shall be made under the contract, if
requested by the contractor, in accordance with clause 60(1) of the conditions of contract. The
advance payment guarantee shall be denominated in Kenya Shillings.
37 CONTRACT EFFECTIVENESS
37.1 The Contract will be effective only upon signature of the Agreement between the Contractor and
the Employer.
38 CORRUPT AND FRAUDULENT PRACTICES

38.1 The procuring entity requires that bidders observe the highest standard of ethics during the
procurement process and execution of contracts. A bidder shall sign a declaration that he has not
and will not be involved in corrupt or fraudulent practices.
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SECTION II: BID DATA SHEET
A. GENERAL
ITB 1.1 The number of the Invitation for Bids is: KeNHA/2219./2019
Open bidding
ITB 1.1 The Employer is:
Director General
Kenya National Highways Authority
Barabara Plaza, Block A, 4th Floor
P.O. Box 49712 – 00100
Nairobi, Kenya
Tel +254-20- 8013842
Email: dg@kenha.co.ke / info@kenha.co.ke
Website: www.kenha.co.ke
ITB 1.1 The name of the bidding process is:

Tender for Construction of Mau Mau Road: LOT 1B-Kiambu County Section
ITB 1.1
The name of the Project is:
Construction of Mau Mau Road: LOT 1B-Kiambu County Section
ITB 2.1 The source of funds is: Development Vote of the Government of Kenya,
Implementing Agency: The Kenya National Highways Authority,
ITB 4.1 (a) The individuals or firms in a joint venture, consortium or association shall be jointly and
severally liable.
B. CONTENTS OF BIDDING DOCUMENT
ITB 7.1 For clarification purposes only, the Employer’s address is:
The Director General

Barabara Plaza, Block A, 4th Floor
P.O. Box 49712 – 00100
Nairobi, Kenya
Tel +254-20- 8013842
Requests for clarifications should be received by the Employer no later than
10[Ten] Days, prior to the deadline for submission of Bids
ITB 7.4 A Pretender site visit/Pre Bid Meeting shall take place, at the following date,
time and place:
Date: 8th October,2019
Time: 09:00 Hrs
Meeting Place: Junction of Northern Bypass and Kiambu Road with a drive through
the proposed Project Road.
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C. PREPARATION OF BIDS
ITB 10.1 The language of the bid is: English
ITB 11.1 (h) The Bidder must provide the following documentary evidence to establish the
conformity of the Technical Proposal with the Bidding Document:
Documentary Evidence for the schedules is contained in Part 2:
Bid Requirements
ITB 11.1 (j) The Bidder shall submit with his bid the following additional documents:
None
ITB 13.1 Alternative bids are not permitted
ITB 13.2 Alternatives to the Times for Completion shall not be permitted
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works, as
further detailed in the Specification:
None.
ITB 14.2 Prices shall be fixed

The prices quoted by the Bidder shall be subject to adjustment during
ITB 14.6 performance of the Contract
ITB 15.1 The currency(ies) of the bid and the payment currency(ies) is:
Kenya Shillings
ITB 18.1 The bid validity period shall be:
120 Days
ITB 19.1
The Bidder shall furnish a bid security, in the amount of:
KShs 30,000,000 (Thirty Million Kenya Shillings) in the form of a Bank
Guarantee
ITB 19.1 In addition to the original of the bid, the number of additional copies is:
2 [Two] Number copies
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall
indicate:
Power of Attorney; and
an undertaking signed by all parties (i) stating that all parties shall be jointly
and severally liable, as required in accordance with ITB 4.1(a),
D. SUBMISSION AND OPENING OF BIDS
ITB 21.1 Bidders do not have the option of submitting their bids electronically
ITB 22.1 For bid submission purposes only, the Employer’s address is :

Barabara Plaza, Jomo Kenyatta International Airport (JKIA), Nairobi off Mazao
Road.
P.O. Box 49712 – 00100

Nairobi, Kenya
Tel +254-20- 8013842
30
ITB 22.1 The deadline for bid submission is:
Date: 31stOctober, 2019

Time: 11:00 Hrs East African Time
ITB 25.1 The bid opening

CONSTRUCTION shallROAD:
OF MAU MAU takeLOT
place at:
1B_KIAMBU COUNTY SECTION - TENDER DOCUMENT
Country: Kenya
Town: Nairobi
Road/Street Address/Building: Barabara Plaza off Mazao Road- JKIA
Floor/Room Number: the KeNHA offices 2nd Floor Boardroom, Block C, Barabara Plaza
Date: 31st October, 2019

Time: 11:00 Hrs East African Time
E. BID EVALUATION AND COMPARISON
ITB 31.2 A margin of domestic or regional preference shall not apply
31
SECTION 3: INSTRUCTIONS TO BIDDERS

SECTION III: BIDDERS EVALUATION & QUALIFICATION CRITERIA
This Section contains all the factors, methods and criteria that the Employer shall use to evaluate applications.
The information to be provided in relation to each factor and the definitions of the corresponding terms are
included in the respective Application Forms. In accordance with ITB 28 and ITB 32, no other factors,
methods or criteria shall be used.
1. ELIGIBILITY .............................................................................................................................. 23
2. HISTORICAL CONTRACT NON-PERFORMANCE ............................................................ 24
3. FINANCIAL SITUATION .......................................................................................................... 25
4. EXPERIENCE .............................................................................................................................. 26
5. CURRENT COMMITMENTS ................................................................................................... 28
6. PERSONNEL................................................................................................................................ 28
7. MAJOR ITEMS OF PLANT TO BE USED ON THE PROPOSED CONTRACT ............... 31
32
COMPLIANCE
QUALIFICATION CRITERIA REQUIREMENTS DOCUMENTATION
Joint Venture
Submission
№ Subject Requirement Single Entity All Parties
Each Party One Party Requirements
Combined
1. Eligibility
1.1 Eligibility Nationality in accordance with Sub- Must meet Existing or Must meet N/A Section V: Form ELI -
clause 4.1. requirement intended requirement 11, with attachments
JVCA must
meet
requirement
1.2 Conflict of No conflicts of interest in Sub-clause Must meet Existing or Must meet N/A Section IV: Letter of
Interest 4.2. requirement intended requirement Bid with the
JVCA must Application Submission
meet Form
requirement
1.3 Employer/ Not having been declared ineligible by Must meet Existing Must meet N/A Section IV: Letter of
Financier the Employer, as described in Sub- requirement JVCA must requirement Bid
Ineligibility clause 4.3. meet
requirement
1.4 Tax Pursuant to ITB Sub Clause 4.5, the
Must meet Existing or Must meet N/A Forms ELI – 1.1 and
Compliance following shall be provided;
- Valid Tax Compliance Certificate requirement intended requirement 1.2 with
from relevant tax Authority valid as JVCA must attachments
of the date of bid submission stated meet
in the BDS requirement
1.5 Incorporation Pursuant to Sub-clause 4.1 the following Must meet Must meet Must meet N/A Section IV: Letter of
& Registration shall be provided; requirement requirement requirement Bid
- Copy of Certificate of
incorporation to show that the
applicant is a registered company and
legally authorised to do business in
Kenya
23
33
COMPLIANCE
Joint Venture
Submission
Combined
- A copy of Registration
Certificate with the National
Construction Authority, minimum class
NCA 1.
- Copy of Tax Compliance Certificate.
1.6 Government Statement in accordance with Sub- Section V: Form ELI -

Owned Entity clause 4.6 11, with attachments
1.7 Foreign - Proof of sourcing of at least 40% of Must meet Must Meet Must Meet Must Meet Submit firm’s
Owned Entity Supplies from Kenyan Citizen requirement Requirement Requirement Requirement commitments to source
Contractor’s for materials from
Local Companies.
Attach Power of
Attorney as proof of
Firm’s Commitment to
Source Materials from
Local companies
2. Historical Contract Non-Performance

2.1 History of Non-performance of a contract did not Must meet N/A Must meet N/A Section V: Form CON 2
Non- occur within the last five (5) years prior requirement requirement
Performing to the deadline for application by itself or as by itself or as
Contracts submission based on all information on party to past party to past
fully settled disputes or litigation. A or existing or existing
fully settled dispute or litigation is one JVCA JVCA
that has been resolved in accordance
with the Dispute Resolution Mechanism
under the respective contract, and
where all appeal instances available to
the applicant have been exhausted.
24
34
COMPLIANCE
Joint Venture
Submission
Combined
2.2 Failure to Sign Not being under execution of a Bid- Must meet N/A Must meet the N/A Section IV: Form of Bid
Contract Securing Declaration pursuant to ITB 4.6 requirement requirement
for Five[ 5] years by itself or as by itself or as
party to past partner to a
or existing JVCA
JVCA
2.3 Pending All pending litigation shall in total not Must meet N/A Must meet N/A Section V: Form CON -
Litigation represent more than fifty percent requirement requirement 2
(50%)) of the Applicant's net worth and by itself or as by itself or as
shall be treated as resolved against the party to past party to past
Applicant. or existing or existing
JVCA JVCA
3. Financial Situation
3.1 Financial Submission of audited balance sheets or Must meet N/A Must meet N/A Section V: Form FIN -
Performance if not required by the law of the requirement requirement 3.1, with attachments
applicant's country, other financial
statements acceptable to the Employer,
for the last five (5) years to (a) Must meet (a) N / A (a) Must meet (a)N / A
demonstrate: requirement (b) Must requirement (b) N / A
(a) the current soundness of the (b) Must meet meet (b) N / A
applicants financial position and its requirement requirement
prospective long term profitability,
as follows:
(i) Current ratio of over 1 (Current
Assets/Current Liabilities) i.e
CR>1
(ii) Debt Ratio of 1 or less (Total
Debt/Total Assets) i.e DR ≤1
(b) Capacity to have a cash flow amount
25
35
COMPLIANCE
Joint Venture
Submission
Combined
of min KShs 800 Million equivalent
working capital
3.2 Average Minimum average annual construction Must meet Must meet Must meet Must meet Section V: Form FIN -
Annual turnover of KShs 3 Billion, calculated requirement requirement ((100-50)/(n- fifty (50%) 3.2
Construction as total certified payments received for 1))% of the percent of
Turnover contracts in progress or completed, requirement the
within the last three (3) years where n= requirement
number of
joint venture
members
3.3 Financial The Bidder must demonstrate access to, Must meet Must meet Must meet Must meet Section V: Form FIN –
Resources or availability of, financial resources requirement requirement Fifty percent Fifty percent 3.3 and Form CCC
such as liquid assets, unencumbered (50%) of the (50%) of the
real assets, lines of credit, and other requirement requirement
financial means, other than any
contractual advance payments to meet:
(a) The following cash-flow
requirement: Kenya Shillings Eight
Hundred Million [KShs.
800,000,000.00] and
(b) The overall cash flow requirements
for this contract and its current
commitments.
4. Experience
4.1 General Experience under construction contracts Must meet N/A Must meet N/A Section V: Form EXP -
Construction in the role of Contractor, Sub- requirement requirement 4.1
Experience Contractor, or management Contractor
for at least the last Five (5) years prior
to the applications submission deadline,
26
36
COMPLIANCE
Joint Venture
Submission
Combined
and with activity in at least nine (9)
months in each year.
4.2(a) Specific Participation as Contractor, Must meet Must meet N/A Must meet Section V: Form EXP -
Construction management Contractor or requirement requirement requirement 4.2(a)
Experience Subcontractor, in at least Two (2) for one
contracts within the last Five (5) years, contract
each with a value of at least KShs 3.5
Billion each or combined total of Ksh 7
billion, that have been successfully and
substantially completed and that are
similar to the proposed works. The
similarity shall be based on the physical
size, complexity, methods/technology
or other characteristics as described in
Part IV, Section IX: Particular
Specifications for the Works
4.2(b) Specific For the above or other contracts Must meet Must meet N/A Must meet Section V: Form EXP -
Construction executed during the period stipulated in requirements requirement requirement 4.2(b)
Experience in 4.2(a) above, a minimum construction
Key Activities experience in the following key
activities:
(i) Earthworks (cut or fill) per month-
3
30,000 m
(ii) Improved Gravel or Graded crushed
stone for base or subbase per month-
3
5,000 m .
(iii) Asphalt concrete mixed and placed

3
per month-2,000m .
27
37
COMPLIANCE
Joint
Venture
Submission
Combined
(v) Surface Dressing with chippings laid per
month-120,000 m2.
(vi) Concrete Works placed per month-
3
150m .
4.3 Work Submission of a brief work methodology Should N/A N/A Section VI: Schedule 2
Methodology in accordance with sub-clause 5.3 demonstrate
understanding Should
of the scope demonstrate
of works and understanding
other general of the scope of
requirements works and other
general
requirements
5. Current Commitments
5.1 On-going The total value of outstanding works on Must meet Must meet Must meet N/A Section V: Form CCC
contracts the on-going contracts must not exceed requirements requirements ((100-50)/(n-
KShs. 8.0 Billion 1))% of the
requirement
where n=
number of
joint venture
members
6. Personnel
The site staff shall possess minimum Must meet Must meet N/A N/A Section VI: Form PER -
6.1
levels set below: requirements requirements 1.1 and 1.2, with
attachments
Site Agent Qualification: BSc. Civil Eng; Reg. Eng
General Experience: 10 yrs
38
COMPLIANCE
Joint Venture
Submission
Combined
Specific Experience : 8 Yrs
Deputy Site Qualification: BSc. Civil Eng;

Agent/Site General Experience: 7 yrs
Engineer Specific Experience : 5 Yrs
Measurement Qualification: BSc. Civil Eng

Engineer General Experience: 5 yrs
Specific Experience : 3 Yrs
Site Surveyor Qualification: Dip Survey

Specific Experience: 5 Yrs
Senior Qualification: Dip. Civil Eng

Foreman General Experience: 6 yrs
Foreman Qualification: Dip. Civil Eng

Materials Qualification: Dip. Civil Eng

Technologist General Experience: 10 yrs
Technician Qualification: Dip. Civil Eng
(Bitumen) General Experience: 6 yrs
Technician Qualification: Dip. Civil Eng
(Concrete) General Experience: 6 yrs
29
39
COMPLIANCE
Joint Venture
Submission
Combined
40
7. Major Items of Plant to Be Used On the Proposed Contract

The Bidder must indicate the core plant and equipment considered by the company to be necessary for undertaking the project together with proof of ownership. (*
Mandatory minimum number of equipment required by the Employer for the execution of the project that the bidder must make available for the Contract).
Minimum № Required № of Equipment № of equipment to № of equipment to be

Equipment Details for the Contract Owned by the be hired/purchased made available for the
Execution Bidder by the Bidder Contract by the Bidder
A General Plant
Primary/Secondary Crusher Unit/Power
1 1
Screen Min capacity – 150t/hr-200t/hr.
2 Concrete batching plant Min Cap. 20 m3/hr 1
3 Asphalt Concrete batching plant 150-200ton/hr 1
B Bituminous Plant
1 Bitumen pressure distributor (8,000 litres) 2
2 Asphalt concrete paver 2
3 Chip spreader 1
B Earth – Moving Equipment
Crawler dozers with ripper attachment
1 3
(CAT D6-D9 or equivalent)
Loaders: Wheel or Crawler – 0.75 – 2-m³
2 4
SAE bucket.
Motor graders (140 - 185kW) with scarifier
3 8
attachment
4 Trench excavator 1
Pulvimixer/soil stabiliser (CAT RM250 or
5 2
equivalent) 300 – 350HP
C Excavators
Hydraulic crawler mounted (Minimum 7 –
1 10 tonnes) – 0.25 – 0.4 m³ SAE bucket with 2
hydraulic rock hammer attachment
41

Hydraulic wheel mounted (Minimum 7 – 10
2 1
tonnes) – 0.25 – 0.4 m³ SAE bucket.
Hydraulic wheel mounted backhoe loader
3 2
(7 – 10 tonnes) – 0.25 – 0.4 m³ SAE bucket.
D Rollers
Self-propelled single drum vibrating roller
1 4
(various types)
Pneumatic rubber tyre roller (1-2
2 3
tonnes/wheel)
3 Smooth wheeled vibrating road roller 3
4 Sheep‟s foot roller 3
Smooth Wheeled Dead Weight Steel Roller
5 2
(10-12 tonnes)
6 Double drum vibrating pedestrian rollers 2
E Concrete Equipment
1 Mobile concrete mixers 2
2 Truck mounted mixers Optional
3 Concrete poker vibrators 3
F Compactors
1 Vibrating compaction plate 300 mm wide 1
2 Vibrating compaction plate 600 mm wide 1
G Generators
1 Diesel generators (Minimum 15 kVA) 2
H Mobile Compressors
Pneumatic multi tool compressor (Min 11.3
1 2
– 25.3 m³/min)
Pneumatic single tool compressor (Min 1.8
2 1
– 2.8 m³/min)
42

3 Rock drill ( Min1.5 m³/min) 1

H Transport
1 4X2 tippers payload 7 – 12 tonnes 4
2 6X4 tippers payload 16 – 20 tonnes 30
3 Dump trucks 2
4 Flatbed lorries 2
Water tankers (5,000 – 10,000 lts.
5 5
capacity)
6 Licenced 32 seater staff bus 1
We hereby certify that notwithstanding the list of plant detailed above, we will provide sufficient, suitable and adequate plant in good working order for the successful
completion of works as specified under the contract.Additionally,bidder must demonstrate ownership of the minimum required equipment holding as stipulated for the
NCA class 1 or equivalent.
Signature: Date:
_______________________________________ _____________________________________
43
SECTION IV: BIDDING FORMS/REQUIREMENTS
44
SECTION IV: BIDDING FORMS
FORM OF BID ........................................................................................................................................ 42
SCHEDULE OF ADJUSTMENT DATA ............................................................................................. 45
FORM OF WRITTEN POWER OF ATTORNEY.............................................................................. 46
CERTIFICATE OF BIDDER’S VISIT TO SITE ................................................................................... 47
FORM OF BID SECURITY (BID BANK GUARANTEE).................................................................... 48
FORM OF BID SECURITY DECLARATION ................................................................................... 50
SCHEDULE OF BASIC RATES OF MATERIALS............................................................................... 51
SCHEDULE OF LOCAL LABOUR BASIC RATES.......................................................................... 52
DETAILS OF SUB–CONTRACTORS ................................................................................................. 53
Note: All italicized text in the following forms (including footnotes) is for guidance only on how to
prepare them and shall be deleted from the final document
45
FORM OF BID
The Bidder must prepare the Form of Bid on its own stationery with its letterhead clearly showing
the Bidder’s complete name and address
NAME OF CONTRACT: CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY
SECTION
TENDER №: KeNHA/2219/2019
TO: The Director General,
P.O. Box 49712 - 00100,
NAIROBI, KENYA
Sir,
1. Having examined with no reservation the Bidding Documents including Addenda issued in
accordance with Instructions to Bidders for the execution of the above-named works we, the
undersigned, offer to construct and install such works and remedy any defects therein in conformity
with the said Bills of Quantities, Conditions of Contract, Specifications and Drawings for the sum of
(Amount in figures) KShs.______________________________________________________
(Amount in words) Kenya Shillings_______________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
or such other sums as may be ascertained in accordance with the said Conditions.
2. We undertake, if our bid is accepted, to commence the works within twenty-eight (28) days of receipt
of the Engineer’s order to commence, and to complete and deliver the whole of the works comprised
in the contract within the time stated in the Appendix form of bid Sheet.
3. If our bid is accepted we will, when required, obtain the guarantee of a Bank (to be approved by you)
to be jointly and severally bound with us in a sum not exceeding 5% of the above named sum for the
due performance of the contract under the terms of a Guarantee to be approved by you.
4. We agree to abide by this bid for the period of one hundred and twenty (120) days from the date fixed
for receiving the same and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
5. If price adjustment provisions apply, the Table(s) of Adjustment Data in the shall be considered part
of this Bid.
6. If our bid is accepted, we commit to obtain a performance security in accordance with ITB 35 and GC
4.2, for the due performance of the Contract.
7. Our firm, including any Sub-Contractors or suppliers for any part of the Contract, have nationalities
from eligible countries, in accordance with ITB 4.1.
8. We, including any Sub-Contractors or Suppliers for any part of the contract, do not have any conflict
of interest in accordance with ITB 4.3.
9. We are not participating, as a Bidder or as a Sub-Contractor, in more than one bid in this bidding
process in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB 1.
46
10. Our firm, its affiliates or subsidiaries (including any Sub-Contractors or Suppliers for any part of the
contract), has not been declared ineligible by the Employer or the World Bank, in accordance with
ITB 4.4, 4.6 and 4.7, respectively.
11. We are not a government owned entity / We are a government owned entity but meet the
requirements of ITB 4.6.
12. We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding
process or execution of the Contract:
Name of Recipient Address Reason Amount
13. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract,
we will strictly observe the laws against fraud and corruption in force in the country of the Employer,
as such laws have been listed by the Employer in the bidding documents for this contract
14. We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed;
15. We understand that you are not bound to accept the lowest evaluated bid or any other bid you may
receive.
16. On the basis of our previous experience we are fully experienced and competent in the type of work
included in this BID and we have adequate financial resources to carry out the works described within
the period for completion. We are in a position to fulfill the contract for which we have bidded.
17. If awarded the contract, the person named below shall act as Contractor’s Representative Dated this
_________________________ Day of__________________________ 20 ________
Signature: ____________________________________________________________________
in the capacity of: _________________________________________________________

(Designation)
Duly authorized to sign bids on behalf of:
__________________________________________________________________________
___________________________________________________________________________
(Name of Bidder)
Address and official stamp of Bidder:
In the presence of: ____________________________________________________________

(Name and Designation of Witness)
47
_______________________________________________________________
(Signature)
_____________________________________________________________
(Address)
48
SCHEDULE OF ADJUSTMENT DATA

(NOTE: The Schedule of Adjustment Data forms part of the Bid. Bidders are required to provide all
information required in this Form of Bid and the Schedule of Adjustment Data)
CONDITIONS OF CONDITIONS OF
AMOUNT/DESCRIPTION
CONTRACT CONTRACT CLAUSE
Approximate
Weightings for Price See Table A below 70.3
Adjustment Formula
Where necessary, in the table B below, bidders shall
(a) indicate their amounts of local currency payment,
(b) indicate their proposed source and base values of indices
Weightings and
for the different foreign currency elements of cost, 70.3 , 70.4 and 70.5
Indices
(c) derive their proposed weightings for local and foreign
currency payment as indicated in table B below, and
(d) list the exchange rates used in the currency conversion
Table A Approximate Weightings for Price Adjustment
Description of Index % Range of Weighting a

Fixed (“A”) 8
Labour 8–12
Fuels and Lubricants 12–22
Equipment and Spares 35–40
Cement 8–12
Reinforcement and Steel products 1–3
Explosives 1 -5
Bitumen & Bituminous Products 15 -25
Total 100
NOTE: a Bidders to propose weighting as indicated in Table B below.
Table B: Bidder’s proposed weighting

Bidder’s
Index
Index Code Source of Index Base value and date proposed
Description
weighting
Civil Engineering Cost a:____0.08____
Indices from Kenya The Indices prevailing
Non National Bureau of at 28days before b: ____
adjustable Statistics. For equipment tender submission c: ____
& spares, the official deadline shall apply
indices from source d: ____
country shall apply e: ____
Total 1.00
Signature: Date:
______________________________________ _____________________________________
(Failure to sign this schedule will imply the bidder does not accept the above conditions and hence
disqualified)
49
FORM OF WRITTEN POWER OF ATTORNEY

The Bidder shall state here below the name(s) and address of his representative(s) who is/are authorised
to receive on his behalf correspondence in connection with the Bid.
_______________________________________________________________________________
(Name of Bidder's Representative in Block Letters)
The Company Director
_______________________________________________________________________________
(Address of Bidder's Representative)
_______________________________________________________________________________
(Signature of Bidder's Representative)
Alternate:
_______________________________________________________________________________
The Alternate, given Power of Attorney
_______________________________________________________________________________
(Address of Bidder's Representative)
_______________________________________________________________________________
(Signature of Bidder's Representative)
* To be completed by the Bidder and, if JVCA, by each partner
CERTIFICATE OF BIDDER’S VISIT TO SITE

This is to certify that
_______________________________________________________________________________
In the capacity of ________________________________________________________________

(Designation)
Being the authorized representative/Agent of
50
_______________________________________________________________________________
_______________________________________________________________________________
(Name of Bidder)
Participated in the organised inspection visit of the site of the works for the
CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION
held on____________________________ day of__________________________20___________
Employer’s Representative:
__________________________________________________________________________________
(Name)
Signature:
in the capacity of:
__________________________________________________________________________________
(Designation)
NOTE: This form is to be completed at the time of the organized site visit. The Employer’s
Representative will ascertain the qualifications of the Bidder’s Representative in accordance with
the instructions to bidders and reject inadequate representation.
51
FORM OF BID SECURITY (BID BANK GUARANTEE)

Note: The Bank must prepare the Form of Bid on its own stationery with its letterhead clearly
showing the complete Name of the Bank and address of issuing branch. Bidders who fail to comply
with this requirement will be disqualified.
(Bid Guarantee №): _____________________________________________________________
To:
Director General,
P.O. Box 49712 - 00100
Nairobi
WHEREAS (Name of bidder) ______________________________________________________

_____________________________________________________________________________
(hereinafter called “the Bidder”) has submitted his bid dated ________________________for
the CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION - TENDER
№: KeNHA/2219/2019 hereinafter called “The Bid”
KNOW ALL MEN by these presents that we (Name of Bank)
(Name of Bank) ________________________________________________________________

______________________________________________________________________________
of (Name of Country) _________________________________ having our registered offices at
_________________________________________ (hereinafter called “the Bank”) are bound

unto the Kenya National Highways Authority (hereinafter called “the Employer”) in the sum of:
(Amount in figures) KShs.___________________________________________________________
(Amount in words) Kenya Shillings___________________________________________________
________________________________________________________________________________
_________________________________________________________________________________
For which payment will be well and truly made to the said Employer, the Bank binds itself, its successors
and assigns by these presents.
THE CONDITIONS of this obligation are:
1. If the bidder withdraws his Bid during the period of bid validity specified by the Bidder on the Bid
Form; or
2. If the Bidder refuses to accept the correction of errors in his bid; or
3. If the Bidder having been notified of the acceptance of his bid by the Employer during the period of
Bid Validity
(i) Fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders
when required or
(ii) Fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Bidders.
52
We undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer will
note that the amount claimed by him is due to him owing to the occurrence of any of the above conditions,
specifying the occurred condition or conditions.
This guarantee will remain in force up to and including twenty-eight (28) days after the date of expiration
of the bid validity, as stated in the Instructions to Bidders.
At the request of the Employer the Bid validity period may be extended by mutual agreement between the
Employer and the Bidder and we undertake to extend the validity of this surety accordingly without you
having to inform us of such an extension of the Bid validity period if within this period the Bidder has
been notified of the acceptance of his Bid. This Surety shall remain valid up to the time the Contract
Agreement has been executed.
SEALED with the common seal of the Bank this _______________day of _____________ 20____
AUTHORISED SIGNATURE AND CORPORATE SEAL OF BANK:
(Name of bank)____________________________________________________________________
(Name of Signatory)________________________________________________________________
(Designation of Signatory) __________________________________________________________
(Address)_____________________________________
In the presence of: _______________________________________________________________

_______________________________________________________________
(Signature)
_______________________________________________________________
(Address)
53
FORM OF BID SECURITY DECLARATION

To:
Director General,
P.O. Box 49712 - 00100
Nairobi
We1, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid Security Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any contract with the
Employer for the period of time of 15 Months starting on ………/……/……, if we are in breach of our
obligation(s) under the bid conditions, because we:
(a) Have withdrawn our Bid during the period of bid validity specified in the Letter of Bid; or
(b) Having been notified of the acceptance of our Bid by the Employer during the period of bid validity,
(i) Fail or refuse to execute the Contract, if required, or
(ii) Fail or refuse to furnish the Performance Security, in accordance with ITB 35.
We understand this Bid Security Declaration shall expire if we are not the successful Bidder, upon the
earlier of
(i) our receipt of your notification to us of the name of the successful Bidder; or
(ii) (ii) twenty-eight days after the expiration of our Bid.
Dated this _________________________ Day of__________________________ 20 ________
Signature: ____________________________________________________________________
In the capacity of: _________________________________________________________________

(Designation)
Duly authorized to sign bids on behalf of:
_________________________________________________________________________________
(Name of Bidder)
Address and official stamp of Bidder:
1
In case of a Joint Venture, Consortium or Association, the Bid-Securing Declaration must be in the name of
all partners to the JVCA that submits the bid
54
SCHEDULE OF BASIC RATES OF MATERIALS

Bidders shall complete the blank section of this schedule only, and shall make no alterations to any
item nor insert any additional materials. The prices inserted shall be those prevailing 10 days before
submission of Bids and shall be quoted in Kenya shillings using the exchange rates specified in the
Bidding Data. The prices shall be supported by bona fide quotations for use as provided in Clause
70. In case required to be used at any time in the contract the engineer will be at liberty to use the
established rate at the prevailing time in case of notable discrepancy (The submitted rates should be
the same as those published by KNBS 28 days before submission of the bid applicable within the
area of the project)
COUNTRY NAME OF RATE

№ DESCRIPTION UNIT
OF ORIGIN SUPPLIER KShs. Cts
1. Cut-back Bitumen MC 70 in bulk Litre

Cut-back Bitumen MC 70 in
2. Litre
drums
3. Bitumen 80/100 in bulk Kg
4. Bitumen 80/100 in drums Kg
5. Bitumen Emulsion K1-60 in bulk Litre
Bitumen Emulsion K1-60 in

6. Litre
drums
7. Petrol, Regular Grade Litre
8. Petrol, Premium Grade Litre
9. Automotive Diesel Fuel Litre
10. Industrial Diesel Oil Litre
11. Industrial Fuel Oil Litre
12. Kerosene Fuel Litre
13. CEM I, 42.5 N OPC Tonne
14. CEM II/B-P, 32.5 N PPC Tonne
15. Reinforcing Steel Tonne
Signature: Date:
______________________________________ _____________________________________
55
SCHEDULE OF LOCAL LABOUR BASIC RATES

The rates inserted in this schedule MAY be those used in determining changes in cost of local labour.
Variations in prices will be determined in accordance with Clause 70 of the Conditions of Contract Part 2.
LABOUR CATEGORY MONTH/SHIFT/HOUR UNIT RATE (KSHS)
NOTE: Categories to be generally in accordance with those used by the Kenya Building Construction
Engineering and Allied Trade Workers Union
I certify that the above information is correct.
Signature: Date:
______________________________________ _____________________________________
56
DETAILS OF SUB–CONTRACTORS
If the bidder wishes to sublet any portion of the works under any heading, he must give below details
of the sub – Contractors he intends to employ for each portion.
Failure to comply with this requirement may invalidate the tender.
(a) Portion of Works to be sublet
___________________________________________________________________________
Sub- Contractor’s Experience of Similar Works Carried out in the Last Three Years with
Contract Value.
___________________________________________________________________________
(b) Portion of Works to be Sublet
___________________________________________________________________________
Sub- Contractor’s Experience of Similar Works Carried out in the Last Three Years with Contract
Value.
___________________________________________________________________________
Signature: Date:
______________________________________ _____________________________________
57
SECTION V: BID QUALIFICATION

To establish its qualifications to perform the contract in accordance with Section III, Evaluation and
Qualification Criteria, the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder
FORM ELI - 1: CONFIDENTIAL BUSINESS QUESTIONNAIRE ................................................. 55
FORM CON - 2: HISTORICAL CONTRACT NON-PERFORMANCE ......................................... 57
FORM CCC: CURRENT CONTRACT COMMITTMENTS/ WORKS IN PROGRESS............ 58
FORM FIN - 3.1: FINANCIAL STANDING ....................................................................................... 59
FORM FIN - 3.2: AVERAGE ANNUAL TURNOVER ...................................................................... 60
FORM FIN - 3.3: FINANCIAL RESOURCES .................................................................................... 61
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE................................................... 62
FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION EXPERIENCE ................................................ 63
FORM EXP - 4.2(B): SPECIFIC CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES ....... 64
58
FORM ELI - 1: CONFIDENTIAL BUSINESS QUESTIONNAIRE

To be completed by the Bidder and, if JVCA, by each partner
Bidders are requested to give the particulars indicated in Part 1, either Part 2(a), 2(b) or 2(c) and Part 3
whichever applies to your type of business.
Bidders are advised that it is a serious offence to give false information on this Form.
Part 1 - General:
Business Name: _________________________________________________________________
_______________________________________________________________________________
Location of business premises: _____________________________________________________
_______________________________________________________________________________
Plot №: _______________________________________
Street/Road: __________________________________
Postal Address: ________________________________
________________________________
Tel №: _______________________________________
Nature of business: ______________________________________________________________
_______________________________________________________________________________
Current Trade Licence №: ________________________________
Expiry date: _______________________________
Maximum value of business that you can handle at any one time:
(Amount in Figures) Kshs__________________________________________________________

(Name of your bankers) ___________________________________________________________
_______________________________________________________________________________
(Branch)________________________________________________________________________
Part 2 (a) - Company Details

Private or public: ____________________________________________
State the nominal and issued capital of the company:
Nominal Kshs: ______________________________________________
Issued Kshs: ________________________________________________
Give details of all directors as follows:
59
Name Nationality Citizenship Details* Shares
1______________________________________________________________________________
2______________________________________________________________________________
3______________________________________________________________________________
4______________________________________________________________________________
* Attach proof of citizenship (Compulsory)
Part 2(b)- Interest in the Firm:

Is there any person / persons in the Kenya National Highways Authority who has interest in this firm?
Yes /No
_______________________________
Part 3 - Attach certified copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Sub-clauses
4.1 and 4.2.
In case of JVCA, letter of intent to form JVCA including a draft agreement, or JVCA agreement, in
accordance with ITB Clauses 4.2
In case of government owned entity from the Employer’s country, documents establishing legal and
financial autonomy and compliance with the principles of commercial law, in accordance with ITB
Clause 4.6.
Signature: Date:
______________________________________ _____________________________________
60
FORM CON - 2: HISTORICAL CONTRACT NON-

PERFORMANCE To be completed by the Bidder and, if JVCA, by each partner
Bidder’sLegal Name: ___________________________
JVCA Partner Legal Name: _______________________
Non-Performing Contracts in accordance with Section III, Evaluation and

Qualification Criteria)
Contract non-performance did not occur during the stipulated period, in accordance with Sub-
Section III, Evaluation and Qualification Criteria, as indicated below.
Date Outcome Contract Identification Total Contract

(% of Total Amount (KShs)
Assets)
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Pending Litigation, in accordance with Section III, Evaluation and

Qualification Criteria
Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, as indicated
below.
Date Outcome Contract Identification Total Contract

Amount (KShs)
(% of Total
Assets)
Name of Employer:
Matter in dispute:
Attach a sworn affidavit by Commissioner of Oaths for information on litigation
Signature: Date:
______________________________________ _____________________________________
57
61
FORM CCC: CURRENT CONTRACT COMMITTMENTS/ WORKS IN PROGRESS

Bidders and each partner to a JVCA should provide information on their current commitments on all contracts that have been awarded, or for which a letter of
intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
NAME OF AVERAGE
ESTIMATED VALUE OF MONTHLY
CONTRACT & NAME & ADDRESS DATE OF DATE VALUE OF WORKS
OF OUTSTANDING INVOICING OVER
DESCRIPTION OF OF EMPLOYER COMMENCEMENT COMPLETION (KSHS)
WORKS (%) LAST 6 MONTHS (%)
WORKS
I certify that the above works are being carried out by me and that the information is correct.
Signature: Date:
_______________________________________ _____________________________________
62
FORM FIN - 3.1: FINANCIAL STANDING

SUMMARY OF ASSETS AND LIABILITIES OF THE AUDITED FINANCIAL STATEMENTS

OF THE LAST THREE (3) FINANCIAL YEARS
2018 2017 2016
KShs. KShs. KShs.

Information from Balance Sheet
1. Total Assets
2. Total Liabilities
3. Net Worth
4. Current Assets
5. Current Liabilities
Information from Income Statement
6. Total Revenue
7. Profits before Tax
Attach copies of financial statements (balance sheets, including all related notes, and income statements)
for the years required above complying with the following conditions:
(i) Must reflect the financial situation of the Bidder or partner to a JVCA, and not sister or parent
companies
(ii) Historic financial statements must be audited by a certified accountant
(iii) Historic financial statements must be complete, including all notes to the financial statements
(iv) Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted)
Signature: Date:
______________________________________ _____________________________________
63
FORM FIN - 3.2: AVERAGE ANNUAL TURNOVER

Give turnover figures* for each of the last five (5) financial years. Quote in millions and decimal thereof.
2018 2017 2016 2015 2014

KShs. KShs. KShs. KShs. Kshs.
Sewer Pipeline works
Other Civil Engineering works
Other (specify)
Total
*Average annual turnover calculated as total certified payments received for work in progress or
completed over the number of years specified in Section III, Evaluation and Qualification Criteria.
Signature: Date:
______________________________________ _____________________________________
64
FORM FIN - 3.3: FINANCIAL RESOURCES

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification
Criteria.
Source of Financing Amount (KShs)
1.
2.
3.
4.
(a) Name and Address of Commercial Bank providing credit line (Provide a certified copy of undertaking
by the bank specific to this contract. Other outdated and general letters will not be accepted)
(Name of Bank) _____________________________________________________________
(Address of Bank) _____________________________________________________________
(b) Total amount of credit line KShs _____________________________________________
(c) Attach certified copies of financial bank statements of the last three years.
(d) Attach a certified copy of Undertaking of the Bank to providing the credit.
Signature: Date:
______________________________________ _____________________________________
65
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE

STARTING ENDING ROLE OF

YEARS* CONTRACT IDENTIFICATION
(MM/YY) (MM/YY) BIDDER
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
*List calendar year for years with contracts with at least nine (9) months activity per year starting with
the earliest year
Signature: Date:
______________________________________ _____________________________________
66
FORM EXP - 4.2(a): SPECIFIC CONSTRUCTION EXPERIENCE

Employer’s Name:
Address:
Telephone/fax number:
E-mail:
Award date:
Completion date:
Role in Contract: Management

Contractor Contractor Subcontractor
Total Contract amount: KShs:
If partner in a JVCA or Subcontractor, specify %: KShs:

participation of total contract amount:
Description of the similarity in accordance

with Section III, Evaluation and Qualification
Criteria:
Amount:
Physical size:
Complexity:
Methods/Technology:
Other features:
Signature: Date:
______________________________________ ____________________________________
67
FORM EXP - 4.2(b): SPECIFIC CONSTRUCTION EXPERIENCE IN KEY

ACTIVITIES
Sub-Contractor’s Legal Name: _____________________
Employer’s Name:
Address:
Telephone/fax number:
E-mail:
Award date:
Completion date:
Role in Contract: Management

Contractor Contractor Subcontractor
Total Contract amount: KShs:
If partner in a JVCA or Subcontractor, specify %: KShs:

participation of total contract amount:
Description of the similarity in accordance

with Section III, Evaluation and Qualification
Criteria:
Amount:
Physical size:
Complexity:
Methods/Technology:
Physical Production Rate:
Signature: Date:
_______________________________________ _____________________________________
68
SECTION VI: TECHNICAL PROPOSAL
SCHEDULE 1: SITE ORGANISATION ....................................................................................... 66
SCHEDULE 2: WORK METHODOLOGY ................................................................................. 67
SCHEDULE 3: MOBILISATION SCHEDULE ........................................................................... 68
SCHEDULE 4: CONSTRUCTION SCHEDULE ......................................................................... 69
FORM PER - 1.1: KEY PERSONNEL .......................................................................................... 70
FORM PER - 1.2: RESUME OF KEY PERSONNEL ................................................................. 71
Note: All italicized text in the following forms (including footnotes) is for guidance only on how to
prepare them and shall be deleted from the final document
69
SCHEDULE 1: SITE ORGANISATION
70
SCHEDULE 2: WORK METHODOLOGY

The Bidder is to give a brief description of how you intend to carry out the work including traffic
management, quality assurance of works and any designs to be carried out by the Bidder, in not less
than five (5) pages and not more than fifteen (15) pages.
71
SCHEDULE 3: MOBILISATION SCHEDULE
72
SCHEDULE 4: CONSTRUCTION SCHEDULE
73
FORM PER - 1.1: KEY PERSONNEL
SUMMARY OF QUALIFICATIONS AND EXPERIENCE

DESIGNATION NAME NATIONALITY General Relevant
Qualifications
Experience (Yrs) Experience (Yrs)
Headquarters
Partner/Director or other key
staff (give designation)
Site
Key Personnel
1. Site Agent
2. Site Engineer
3. Measurement Engineer
4. Site Surveyor
5. Senior Foreman
Support Personnel
1. Foreman
2. Material Technologist
3. Technician (Bitumen)
4. Technician (Concrete)
Note: The Bidder shall list in this schedule the key personnel he will employ from the Contractor’s headquarters and from the Contractor’s site office to direct and
execute the work together with their qualifications, experience, position held and nationality in accordance with Clause 15.2 and 16.3 of Section VIIB: Particular
Conditions of Contract Part 3 (where required, use separate sheets to add extra data).
I certify that the above information is correct.
Signature: Date:
______________________________________ _____________________________________
74
FORM PER - 1.2: RESUME OF KEY PERSONNEL

The Bidder shall provide all the information requested below. Fields with asterix (*) shall be used for
evaluation.
Curriculum Vitae not exceeding four pages per person shall be provided in respect of each key staff and
shall be accompanied with certified academic and professional certificates.
Position*
Personnel Name: Year of birth:

information
Professional qualifications*:
Present Name of Employer:

employment
Telephone: Email:
Job title: Years with present Employer*:
Summarise professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
Company, Project, Position, and Relevant Technical and Management
From* To*
Experience*
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself,
my qualifications, and my experience. I understand that any willful misstatement described herein may
lead to my disqualification or dismissal, if engaged.
_____________________________________________ Date: _______________

[Signature of the proposed staff member] [Day/Month/Year]
75
PART 3: CONDITIONS OF CONTRACT &

FORM OF AGREEMENT
76
SECTION VIIA: GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract Part I, shall be those forming the Conditions of Contract for
Works of Civil Engineering Construction - Part I, Fourth Edition 1987, reprinted in 1988 with
additional amendments, reprinted in 1992 with further amendments, prepared by the Federation
Internationale des Ingenieurs Conseils (FIDIC). The Conditions are subject to variations and
additions set out in Part II hereof entitled “Conditions of Contract, Part II – Conditions of Particular
Application
NOTE
(i) The Conditions of Particular Application take precedence over the General Conditions of
Contract.
(ii) Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
Fax: 41 21 653 5432
Telephone: 41 21 653 5003
77
SECTION VIIB: PARTICULAR CONDITIONS OF CONTRACT

The following Conditions of Particular Application shall supplement the General Conditions of
Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General
Conditions of Contract. The Particular Condition is preceded by the corresponding clause number of
the General Conditions to which it relates.
DEFINITIONS AND INTERPRETATION...........................................................................................79
1.1 Definitions ............................................................................................................................................ 79

1.3 Interpretations ................................................................................................................................ 79
ENGINEER AND ENGINEER’S REPRESENTATIVE ....................................................................79
2.1 Engineer’s Duties and Authority................................................................................................. 79
ASSIGNMENT AND SUBCONTRACTING ........................................................................................80
4.3 Eligibility .............................................................................................................................................. 80
CONTRACT DOCUMENTS.....................................................................................................................80
5.1 Language and Law ........................................................................................................................ 80

5.2 Priority of Contract Documents .................................................................................................. 80
6.2 One Copy of Drawings to be kept on Site ................................................................................. 80
6.3 Disruption of Progress .................................................................................................................. 81
6.6 Sufficiency of Drawings and Specifications ............................................................................. 81
6.7 Intent of Drawings and Specifications ....................................................................................... 81
6.8 As-Built Drawings ........................................................................................................................ 81
7.4 Approval of Drawings not to Absolve the Contractor ............................................................. 82
7.5 Approved Drawings to be Modified ........................................................................................... 82
7.6 Size of Drawings ........................................................................................................................... 82
GENERAL OBLIGATIONS .....................................................................................................................82
8.1 Contractor’s General Responsibilities ........................................................................................ 82

10.1 Performance Security.................................................................................................................... 82
10.2 Validity of Performance Security ............................................................................................... 83
10.3 Claims Under Performance Security .......................................................................................... 83
10.4 Cost of Performance Security ...................................................................................................... 83
11.1 Inspection of Site ........................................................................................................................... 83
11.2 Access to Data ............................................................................................................................... 83
14.1 Program to be Submitted .............................................................................................................. 83
14.2 Revised Programme ...................................................................................................................... 85
14.3 Cash Flow Estimate ...................................................................................................................... 85
15.1 Contractor’s Superintendence ..................................................................................................... 85
78
15.2 Language Ability and Qualifications of Contractor’s Authorised Agent .............................. 85

16.2 Engineer at Liberty to Object ...................................................................................................... 85
16.3 Qualification and Language Ability of Superintending Staff ................................................. 86
16.4 Employment of Local Personnel ................................................................................................. 87
17.2 Agreed Joint Levels ...................................................................................................................... 87
19.1 Safety, Security and Protection of the Environment ................................................................ 87
20.4 Employer’s Risks .......................................................................................................................... 88
21.1 Insurance of Works and Contractor’s Equipment..................................................................... 88
21.2 Scope of Cover .............................................................................................................................. 88
21.4 Exclusions ............................................................................................................................................ 88
23.1 Third Party Insurance ................................................................................................................... 88
23.2 Minimum Amount of Insurance .................................................................................................. 89
25.1 Evidence and Terms ...................................................................................................................... 89
25.6 Insurance Notices .......................................................................................................................... 89
25.7 Notification to Insurers ................................................................................................................. 89
25.8 Re-insurance in Kenya ................................................................................................................. 89
28.2 Royalties ............................................................................................................................................... 89
29.1 Interference with Traffic .............................................................................................................. 89
29.2 Reinstatement and Compensation for Damages to Persons and Property............................. 90
LABOUR ........................................................................................................................................................90
34.2 Conditions of Employment of Labour........................................................................................ 90

34.3 Fair Wages ........................................................................................................................................... 90
34.4 Breach of Fair Wages Clause ...................................................................................................... 91
34.5 Recruitment of Unskilled Labour ............................................................................................... 91
34.6 Compensation for Injury .............................................................................................................. 91
34.7 Labour Standards........................................................................................................................... 92
34.8 HIV/AIDS & STI and Gender Issues ......................................................................................... 92
34.9 Repatriation of Labour ................................................................................................................. 92
34.10 Accident Prevention Officer; Accidents .................................................................................... 92
34.11 Health and Safety .......................................................................................................................... 92
34.12 Measures against Insect and Pest Nuisance ............................................................................... 93
34.13 Epidemics ............................................................................................................................................. 93
34.14 Festivals and Religious Customs ................................................................................................ 93
34.15 Disorderly Conduct ....................................................................................................................... 93
35.2 Records of Safety and Health ...................................................................................................... 93
35.3 Reporting of Accidents ................................................................................................................. 93
79
COMMENCEMENT AND DELAYS......................................................................................................94
41.1 Commencement of Works ........................................................................................................... 94

42.1 Possession of Site and Access Thereto ...................................................................................... 94
43.1 Time for Completion .................................................................................................................... 94
44.1 Extension of Time for Completion ............................................................................................. 94
45.1 Restriction on Working Hours .................................................................................................... 95
47.2 Reduction of Liquidated Damages ............................................................................................. 95
DEFECTS LIABILITY ...............................................................................................................................95
49.2 Completion of Outstanding Work and Remedying Defects.................................................... 95
ALTERATIONS, ADDITIONS AND OMISSIONS ............................................................................96
52.1 Valuation of Variations ................................................................................................................ 96

52.4 Dayworks.............................................................................................................................................. 96
CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS .....................96
54.1 Contractor’s Equipment, Temporary Works and Materials: Exclusive Use

for the Works ................................................................................................................................. 96
54.9 Equipment and Plant ..................................................................................................................... 96
54.10 Water, Fuel, Light and Power...................................................................................................... 96
54.11 Existing Services ........................................................................................................................... 97
MEASUREMENT ........................................................................................................................................97
55.2 Omissions of Quantities ............................................................................................................... 97
PROVISIONAL SUMS ...............................................................................................................................97
58.4 Provisional Items ........................................................................................................................... 97
CERTIFICATES AND PAYMENTS ......................................................................................................97
60.1 Monthly Statement ........................................................................................................................ 97

60.2 Interim Payment Certificate ......................................................................................................... 98
60.3 Payment of Retention Money ...................................................................................................... 98
60.4 Correction of Certificates ............................................................................................................. 99
60.5 Statement at Completion .............................................................................................................. 99

60.6 Final Statement .............................................................................................................................. 99
60.7 Discharge .............................................................................................................................................. 100
60.8 Final Payment Certificate...........................................................................................................100
60.9 Cessation of Employers Liability..............................................................................................100
60.10 Time for Payment ........................................................................................................................100
60.11 Currency of Payment ..................................................................................................................101
80
60.12 Advance Payment........................................................................................................................101

60.13 Materials for Permanent Works ................................................................................................102
SETTLEMENT OF DISPUTES ............................................................................................................ 102
67.1 Engineer’s Decision ....................................................................................................................102

67.2 Amicable Settlement ...................................................................................................................103
67.3 Arbitration ............................................................................................................................................ 103
NOTICES .................................................................................................................................................... 104
68.2 Notices to Employer and Engineer ...........................................................................................104

68.4 Correspondence ...........................................................................................................................104
DEFAULT OF EMPLOYER.................................................................................................................. 104
CHANGES IN COST AND LEGISLATION ..................................................................................... 104
70.1 Price Adjustment .........................................................................................................................105

70.2 Other Changes in Cost ................................................................................................................105
70.3 Adjustment Formulae .................................................................................................................105
70.4 Sources of Indices and Weightings ...........................................................................................106
70.5 Base, Current, and Provisional Indices ....................................................................................106
70.6 Adjustment after Completion ....................................................................................................106
70.7 Weightings ........................................................................................................................................... 106
70.8 Subsequent Legislation...............................................................................................................106
CURRENCY AND RATES OF EXCHANGE ................................................................................... 107
BRIBERY AND COLLUSION .............................................................................................................. 107
73.1 Bribery and Collusion.................................................................................................................107
CONFIDENTIALITY .............................................................................................................................. 108
74.1 Contract to be Confidential ........................................................................................................108
81
DEFINITIONS AND INTERPRETATION
1.1 DEFINITIONS
(a) (i) The “Employer” is the Kenya National Highways Authority (KeNHA), represented by
The Director General or his appointed representative.
(ii) The “Engineer” shall mean any engineering firm or person(s) appointed by the
Employer and notified to the Contractor, to act in such capacity for and on his behalf; and
who is responsible for supervising the execution of the Works and administering the
Contract.
(b) (i) Insert in line 2 after the “Bills Of Quantities”, the following:
“the rates entered by the Contractor (whether or not such rate be employed in computation of
the Contract Price),”
Amend subparagraph (b) (v) of sub-clause 1.1 by adding the following words at the end:
The word “Bid” is synonymous with “bid” and the word “Bid Documents” with “Bidding
Documents”.
Add the following at the end of this sub-clause:
(h) (i) “Materials” means materials and other things intended to form or forming part of the
Permanent Works.
1.3 INTERPRETATIONS
Add the following Sub Clause:

In the Contract, except where the context requires otherwise;
(a) Words indicating one gender include all genders;
(b) Words indicating the singular also include the plural and words indicating the plural also
include the singular;
(c) Provisions including the word: “agree”, “agreed” or “agreement” require the agreement
to be recorded in writing, and
(d) “Written” or “in writing” means hand-written, type-written, printed or electronically
made, and resulting in a permanent record.
The marginal and other headings shall not be taken into consideration in the interpretation of
these Conditions.
ENGINEER AND ENGINEER’S
REPRESENTATIVE 2.1 ENGINEER’S DUTIES
AND AUTHORITY
With reference to sub-clause 2.1 (b), the following shall also apply: The Engineer shall obtain
the specific approval of the Employer before taking any of the following actions specified in
Part 1:
(a) Consenting to the subletting of any part of the works under Clause 4;
(b) Certifying additional cost determined under Clause 12;
(c) Determining an extension of time under Clause 44;
(d) Issuing a variation under Clause 51;
(e) Fixing rates or prices under Clause 52
82
ASSIGNMENT AND SUBCONTRACTING

Add Sub-clause 4.3 as follows
4.3 ELIGIBILITY
Sub-Contractors named in the Contract shall comply with the eligibility rules and
requirements of the Kenya National Highways Authority and the Contractor shall be required
to ensure that their contracts include all the conditions applicable to the main contract
including meeting the Kenya National Highways Authority Procurement requirements.
CONTRACT DOCUMENTS
5.1 LANGUAGE AND LAW
The Contract document shall be drawn up in the ENGLISH LANGUAGE. Communication

between the Contractor and the engineer’s Representative shall be in this given language.
(a) The Laws applicable to this Contract shall be the Laws of the Republic of Kenya.
5.2 PRIORITY OF CONTRACT DOCUMENTS
Delete the documents listed 1-6 and substitute:

1. The Completed Contract Agreement
2. The Letter Of Acceptance
3. The Form Bid
4. The Particular Conditions of Contract
5. The General Conditions of Contract
6. The Works Specifications
7. The Drawings
8. The Priced Bills of Quantities
9. Other documents as listed in the Appendix form of bid Sheet
6.2 ONE COPY OF DRAWINGS TO BE KEPT ON

SITE
Add to Sub-clause 6.2 the following:-

“The Contractor shall keep on the Site one copy of all Contract Documents, and the said
Drawings and Documents are to be kept completely up to date at all times”.
“The Contractor shall give 2 weeks‟ notice in writing to the Engineer or the Engineer’s
Representative of any further drawings or specifications that may be required for the
execution of the Works or otherwise under the Contract”.
6.3 DISRUPTION OF PROGRESS
Add to Sub-clause 6.3, the following:

“The Contractor shall give 2 weeks' notice in writing to the Engineer or the Engineer's
Representative if any further drawings or specifications are required for the execution of the
Works or otherwise under the Contract.”
Add sub-clause 6.6 as follows
6.6 SUFFICIENCY OF DRAWINGS AND SPECIFICATIONS
83
The Drawings and Specifications included in the Contract are believed to be full and
sufficient to enable the Contractor to carry out the work required by the Contract. Should the
Contractor discover any error, omission, fault and other defect or deficiency in the Drawings
and Specifications he shall promptly notify the Engineer’s Representative of the same and the
error, omission, fault, defect or deficiency will be rectified by the Engineer.
No payment will be made to the Contractor for undertaking any kind of design work other
than that specifically required by the terms of the Contract. Payment for design work
specifically required by the terms of the Contract shall be deemed to be included in the Rates
and Lump Sums entered in the Bill of Quantities.
6.7 INTENT OF DRAWINGS AND SPECIFICATIONS
The intent of Drawings and Specifications is to describe the details for the complete
construction and maintenance of the Works, which the Contractor undertakes to perform in
accordance with the terms of the Contract.
The Drawings or Specifications describe portions of the Works in general terms, but not in
complete detail, it is understood that only materials and workmanship of the first quality are
to be used.
Unless otherwise specified, the Contractor shall furnish all labour, materials, tools, equipment
and incidentals, and do all the work involved in executing the Contract in a satisfactory
manner.
6.8 AS-BUILT DRAWINGS
On Completion of the works, the Contractor shall arrange to furnish to the Employer at his
own cost two (2) bound sets of all „As-built‟ drawings for every component of the Work,
such copies being on polyester film and a digitized copy of the drawings in a compact disc of
format to be approved by the Engineer or his Representative. The Taking-Over Certificate of
the works, whole or parts, as per the provisions of Clause 48.1 and 48.2 hereof shall not be
issued by the Engineer in the event of the Contractor’s failure to furnish the aforesaid
drawings for the entire Works.
7.4 APPROVAL OF DRAWINGS NOT TO ABSOLVE THE CONTRACTOR
Neither Examination by the Engineer of any document submitted by the Contractor of the
Temporary Works nor the approval expressed by the Engineer in regard thereto either with or
without modifications SHALL NOT absolve the Contractor from any liability imposed upon
him by any provision of the Contract.
7.5 APPROVED DRAWINGS TO BE MODIFIED
Should it be found at any time after approval has been given by the Engineer to any drawings
submitted by the Contractor that the said drawings do not comply with the terms and
conditions of the Contract, or that the details do not agree with any drawings submitted
previously, such alterations and additions as may be deemed necessary by the Engineer shall
be made therein by the Contractor and the work carried out accordingly without extra
payment to the Contractor thereof.
84
7.6 SIZE OF DRAWINGS
All drawings submitted by the Contractor shall for convenience in filing be as far as possible
of a uniform size being not more than 101 cm x 68 cm overall (A1-size). All drawings shall
be numbered and dated.
GENERAL OBLIGATIONS
8.1 CONTRACTOR’S GENERAL RESPONSIBILITIES
Add to Sub-clause 8.1, the following:

(a) Within 28 days after receipt of the Engineer's order to commence the works, the
Contractor shall establish an office at the site duly equipped for the Contractor’s
Representative and his supervisory personnel. The Contractor shall maintain this office
throughout the Contract period. All correspondence sent to this office shall be deemed to
have been sent to the Contractor’s legal domicile.
(b) A foreign Contractor or a Kenyan-foreign joint venture, if not registered in Kenya under
the applicable laws of Kenya, shall undertake registration upon receipt of the Letter of
Acceptance and prior to signing of the Contract.
10.1 PERFORMANCE SECURITY
Replace the text of sub-clause 10.1 with the following:

“The Contractor shall provide security for his proper performance of the Contract within 60
days after receipt of Employer’s Letter of Award of Contract. The Performance Security shall
be in the form of a bank guarantee as stipulated by the Employer in the Appendix form of bid
Sheet. The Performance Security shall be issued by a bank incorporated in Kenya
(insurance bonds shall not be accepted). The Contractor shall notify the Engineer when
providing the Performance Security to the Employer.
Without limitation to the provisions of the preceding paragraph, whenever the Engineer
determines an addition to the Contract Price as a result of a change in cost or otherwise, the
Contractor, at the Engineer’s written request, shall promptly increase the value of the
Performance Security by an equal percentage.”
10.2 VALIDITY OF PERFORMANCE SECURITY

The Performance Security shall be valid until a date 28 days after the date of issue of the
Taking Over Certificate. The security shall be returned to the Contractor within 14 days of
expiration.
10.3 CLAIMS UNDER PERFORMANCE

SECURITY
Delete the entire sub-clause 10.3.
10.4 COST OF PERFORMANCE SECURITY
The cost of complying with the requirements of this clause shall be borne by the Contractor.
11.1 INSPECTION OF SITE
In line 17 after “affect his Tender” add

“and the Contractor shall be deemed to have based his BID on all the aforementioned”
85
Delete the last paragraph completely and replace with the following:
“The Employer in no way guarantees completeness nor accuracy of the soil, materials,
subsurface and hydrological information made available to the Contractor at the time of
biding or at any other time during the period of the Contract, and the Contractor shall be
responsible for ascertaining for himself all information as aforesaid for the execution of
works and his BID shall be deemed to have been priced accordingly.
11.2 ACCESS TO DATA
Data made available by the Employer in accordance with Clause 11.1 shall be deemed to
include data listed elsewhere in the Contract as open for inspection at the address stipulated in
the Appendix form of bid Sheet.
14.1 PROGRAM TO BE SUBMITTED

The Contractor shall provide the works programme within 21 days of receipt of the
Engineer's Order to commence work.
This detailed program shall be based upon the program submitted by the Contractor as part of
his bid, where this was required, and shall in no material manner deviate from the said
program.
The Contractor shall carry out the Contract in accordance with the programme agreed with
the Engineer, but he shall in no manner be relieved by the Engineer's approval of the
programme, of his obligation to complete the works in the prescribed order and by the
prescribed completion date and he shall from time to time review his progress and make such
amendments to his rate of execution of the works as may be necessary to fulfil his
obligations.
The Contractor shall allow in his program for construction of trial sections and carrying out
tests upon them as directed by the Engineer in accordance with the provisions of Clause 129
of the Standard Specification. The time for completion of the Contract shall not be extended
because of the time taken to carry out tests and evaluate trial sections.
The program shall be in the form of a Critical Path Method Network (CPM Network)
showing the order of procedure and a description of the construction methods and
arrangements by which the Contractor proposes to carry out the works. It should also be
supplemented by a time –bar chart of the same program.
The program shall be coordinated with climatic, groundwater and other conditions to provide
for completion of the works in the order and by the time specified.
The program shall be revised at three-month intervals and should include a chart of the
principle quantities of work forecast for execution monthly.
The Contractor shall submit to the Engineer a general description of his proposed
arrangements and methods for the execution of the Works, including temporary offices,
buildings, access roads, construction plant and its intended production output, working shift
arrangements, labour strength, skilled and unskilled, supervision arrangements, power supply
arrangements, supply of materials including a materials utilization program, stone crushing,
aggregate production and storage, cement handling, concrete mixing and handling, methods
of excavation, dealing with water, testing methods and facilities.
During the execution of the works, the Contractor shall submit to the Engineer full and
detailed particulars of any proposed amendments to the arrangements and methods submitted
in accordance with the foregoing.
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If details of the Contractors proposals for Temporary Works are required by the Engineer for
his own information the Contractor shall submit such details within fourteen days of being
requested to do so.
The various operations pertaining to the works shall be carried out in such a progressive
sequence as will achieve a continuous and consecutive output of fully completed roadworks
inclusive of all bridge works and culverts within the time limits specified in the Contract.
Generally the Contractor shall start at one end of the road and progress continuously towards
the other without leaving any isolated section or sections of uncompleted road provided
always that the site of the works has been acquired in its entirety and the encumbrances and
services thereon removed.
The Contractor shall allow in his programme for the following public holidays per calendar
year during which the Contractor shall not be permitted to work.
New Year’s Day (1st January)
Good Friday
Easter Monday
Labour day (1st May)
Madaraka Day (1st June)
Idd Ul Fitr (To be gazetted)
Moi Day (10th October)

Mashujaa Day (20th October)
Jamhuri day (12th December)
Christmas Day (25th December)
Boxing day (26th December)
The Contractor shall also allow per calendar year for a further two unspecified public
holidays, which may be announced by the Government of Kenya with no prior notification
upon which he shall not be permitted to work.
The Contractor shall allow for the Engineer’s eight (8) daily normal working hours on
weekdays with Saturdays and Sundays set aside for rest.
14.2 REVISED PROGRAMME
Add the following at the end of this sub-clause 14.2;

The Employer shall have the right to withhold payment at any time if the Contractor fails to
submit the Contractual Construction Programme or revised construction programmes due to
his negligence, failure or omission.
14.3 CASH FLOW ESTIMATE
The time within which the detailed cash flow estimate shall be submitted shall be as specified
in the Appendix form of bid Sheet.
15.1 CONTRACTOR’S SUPERINTENDENCE
Add the following at the end of the first paragraph of sub-clause 15.1:
“The Contractor shall, within seven (7) days of receipt of the Engineer’s order to commence
the works inform the Engineer in writing the name of the Contractor’s Representative and the
anticipated date of his arrival on site.”
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15.2 LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S

AUTHORISED AGENT
The Contractor’s Agent or Representative on the site shall be a Registered Engineer as

registered by the Engineer’s Registration Board of Kenya in accordance with the Laws of
Kenya Cap 530 or have equivalent status approved by the Engineer and shall be able to read
and write English fluently.
The Contractor’s Agent or Representative shall have at least 10 years relevant experience as
an Engineer.
16.2 ENGINEER AT LIBERTY TO OBJECT
At the end of this sub-clause, add
“by a competent substitute approved by the Engineer and at the Contractors own expense.”
Add Sub-clauses 16.3 and 16.4: as follows
16.3 QUALIFICATION AND LANGUAGE ABILITY OF SUPERINTENDING STAFF
The Contractor’s superintending staff shall meet the following minimum qualifications:
(a) Should have a working knowledge of English or Kiswahili. Should any of the
superintending staff not be able to meet this condition, the Contractor shall propose to
the Engineer arrangements for provision of a sufficient number of interpreters of
approved qualifications. The Engineer, at his discretion, may amend, approve or reject
such arrangements or reject deployment of superintending staff not meeting the
language requirements. The Engineer may at any time during the duration of the
Contract amend any approved arrangements made for interpreters, which shall be
implemented at the Contractors expense.
(b) The key staff listed below must have academic qualifications from Government
recognized institutions or equivalent institutions of the levels set out in Section III, Part
6 and as below.
Site Agent: Bsc. Civil Eng. and Registered with Kenya
Engineers Registration Board
Site Engineer: Bsc. Civil Eng
Measurement Engineer: Bsc. Civil Eng
Site Surveyor: National Diploma – Surveying
Senior Foreman: National Diploma – Civil Engineering
Material Technologist: National Diploma – Civil Engineering
Foremen : Ordinary National Diploma – Civil Engineering
Technician (Bitumen): Ordinary National Diploma – Civil Engineering
Technician (Concrete): Ordinary National Diploma – Civil Engineering
(c) The key staff listed below must have minimum experience set out in Section III, Part 6
and as below:
Site Agent: 10 years
Site Engineer: 7 years
Measurement Engineer: 5 years
Site Surveyor: 7 years
Senior Foreman: 6 years
Material Technologist: 10 years
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Foremen: 6 years
Technician (Bitumen): 6 years
Technician (Concrete): 6 years
(d) Qualifications as above shall be subject to verification and approval on site by the
Engineer or his representative on site before commencement of the said works.
16.4 EMPLOYMENT OF LOCAL PERSONNEL
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and
labour with appropriate qualifications and experience who are Kenyan citizens.
Add Sub-clauses 17.2 as follows
17.2 AGREED JOINT LEVELS
Before the Contractor commences any clearing and grubbing works on any section of the
works, the existing original ground levels must be agreed between the Contractor and the
Engineer. This shall be done by taking joint cross-section levels at 20 metres interval along
the horizontal profile of the road. The Engineer may reduce the interval of cross-section to
less than 20 metres if he deems it necessary for particular sections for accurate determinations
of quantities. The joint levels shall be mutually agreed and counter signed with the Engineers
representative and the Contractor’s Site Agent before commencement of a particular section
of the road/parking.
There shall be no additional payment to the Contractor for this involvement in the above
works in his rates. The Contractor shall not be entitled to any cost or delay claims based on
his involvement in the joint levelling. The Contractor shall be construed to have taken into
consideration the above activity when preparing his programme of works
19.1 SAFETY, SECURITY AND PROTECTION OF THE ENVIRONMENT
Add paragraph (d) to Sub-clause 19.1 as follows:

Notwithstanding the Contractor’s obligation under Sub-clause-paragraph (a), (b) and (c) of
Sub-clause 19.1 of the General Conditions of Contract, the Contractor shall observe the
following measures with a view to reducing or elimination of adverse environmental effects
by the site works:
(i) All quarries and borrow pits shall be filled and landscaped after extraction of construction
material to the satisfaction of the Engineer and the National Environmental Management
Authority
(ii) Soil erosion due to surface runoff or water from culverts or other drainage structures
should be avoided by putting in place proper erosion control measures that shall include,
but are not limited to grassing and planting if trees
(iii) Long traffic diversion roads shall be avoided so as to minimize the effect of dust on the
surrounding environment. In any case all diversions shall be kept damp and dust free
(iv) Spillage of oils, fuels and lubricants shall be avoided and if spilt, shall be collected and
disposed off in such a way as not to adversely affect the environment
(v) Rock blasting near settlement areas shall be properly coordinated with the relevant
officers of the Government so as to minimize noise pollution and community
interference.
20.4 EMPLOYER’S RISKS
Delete Sub-clause (h) and substitute with;

(h) Any operation of the forces of nature (insofar as it occurs on site) which an experienced
Contractor:
89
(i) Could not have reasonably foreseen, or

(ii) Could reasonably have foreseen, but against which he could not reasonably have
taken at least one of the following measures:
(A) Prevent loss or damage to physical property from occurring by taking
appropriate measures or
(B) Insure against such loss or damage
21.1 INSURANCE OF WORKS AND CONTRACTOR’S EQUIPMENT
Add the following words at the end of Sub-paragraph (a) and immediately before the last
word of Sub-paragraph (b) of Sub-clause 21.1:
“It being understood that such insurance shall provide for compensation to be payable in the
types and proportions of currencies required to rectify the loss or damage incurred”
Delete the first sentence of this Clause and replace with the following:
“prior to commencement of the Works the Contractor shall, without limiting his or the
Employer’s obligations and responsibilities under Clause 20, insure to the satisfaction of the
Employer:”
21.2 SCOPE OF COVER
Amend sub-paragraph (a) of Sub-clause 21.2 as follows:

Delete words “from the start of work at the site” and substitute the words “from the first
working day after the Commencement Date”
Add the following as Sub-clause (c) under Sub-clause-Clause 21.2
(c) It shall be the responsibility of the Contractor to notify the insurance company of any
change in the nature and extent of the Works and to ensure the adequacy of the insurance
coverage at all times during the period of the Contract.
21.4 EXCLUSIONS
Amend Sub-clause 21.4 to read as follows:

“There shall be no obligation for the insurances in Sub-clause 21.1 to include loss or damage
caused by the risks listed under Sub-clause 20.4 sub-paragraph (a) (i) to(iv) of the Conditions
of Particular Application.”
23.1 THIRD PARTY INSURANCE
Add the following at the beginning of this sub-clause:-

“Prior to commencement of the Works ……………………….”
23.2 MINIMUM AMOUNT OF INSURANCE
Add the following at the end of this Clause:

“.. with no limits to the number of occurrences”.
25.1 EVIDENCE AND TERMS
Amend Sub-clause of insurance 25.1 as follows:

Insert the words “as soon as practicable after the respective insurances have been taken out
but in any case” before the words “prior to the start of work at the site”
Add Sub-clauses 25.6 to 25.8 as follows
25.6 INSURANCE NOTICES

90
Each policy of insurance effected by the Contractor for purposes of the Contract shall include
a provision to the effect that the Insurer shall have a duty to give notice in writing to the
Contractor and Employer of the date when a premium becomes payable. This shall not be
more than thirty (30) days before that date and the policy shall remain in force until thirty
(30) days after the giving of such notice.
25.7 NOTIFICATION TO INSURERS
It shall be the responsibility of the Contractor to notify insurers under any of the insurance
referred to in the preceding clauses 21, 23 and 24 on any matter or event, which by the terms
of such insurance are required to be so notified. The Contractor shall indemnify and keep
indemnified the Employer against all losses, claims, demands, proceedings, costs, charges and
expenses whatsoever arising out of or in consequence of any default by the Contractor in
complying with the requirements of this Sub-clause whether as a result of avoidance of such
insurance or otherwise.
25.8 RE-INSURANCE IN KENYA
The risk against which the Contractor is obligated to insure under the contract shall be insured
through approved companies in Kenya and any cover against risks which the Contractor may
enjoy shall be re-insured in Kenya by a Kenyan Insurance company in respect of the
Contractor’s obligations under this Contract.
28.2 ROYALTIES
Add at the end of this Sub-clause the following sentence:

“The Contractor shall also be liable for all payments or compensation if any that are levied in
connection with the dumping of part or all of any such material.”
29.1 INTERFERENCE WITH TRAFFIC
Supplement Sub-clause 29.1 by adding the following sentence at the end:

“The Contractor will be permitted to use existing public roads for access to the site. The
Contractor shall pay vehicle license tax and road maintenance duty in
accordance with relevant regulations and shall obtain any necessary permits or licenses from
relevant authorities for transporting his equipment.”
29.2 REINSTATEMENT AND COMPENSATION FOR DAMAGES TO

PERSONS AND PROPERTY
The Contractor shall reinstate all properties whether public or private which are damaged in
consequence of the construction and, maintenance of the works to a condition as specified
and at least equal to that prevailing before his first entry on them.
If in the opinion of the Engineer the Contractor shall have failed to take reasonable and
prompt action to discharge his obligations in the matter of reinstatement, the Engineer will
inform the Contractor in writing of his opinion, in which circumstances the Employer
reserves the right to employ others to do the necessary work of reinstatement and to deduct
the cost thereof from any money due or which shall become due to the Contractor.
The Contractor shall refer to the Employer without delay all claims which may be considered
to fall within the provisions of Clause 22.1.
LABOUR
Add the following Sub-clauses 34.2 to 34.15
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34.2 CONDITIONS OF EMPLOYMENT OF LABOUR
The Contractor shall be responsible for making all arrangements for and shall bear all costs
relating to recruitment, obtaining of all necessary visas, permits or other official permission
for movements of staff and labour.
34.3 FAIR WAGES
The Contractor shall, in respect of all persons employed anywhere by him in the execution of
the Contract, and further in respect of all persons employed by him otherwise than in the
execution of the Contract in every factory, Workshop or place occupied or used by him for
the execution of the Contract, observe and fulfil the following conditions:
(a) The Contractor shall pay rates of wages, observe hours of labour and provide conditions
of labour, housing, amenities and facilities not less favourable than those required by the
latest Regulation of Wages (Building and Construction Industry) Order as at the time of
bid submission, and subsequent amendments thereto, or in any wage scales, hours of
work or conditions agreed by the Ministry of Labour or other Government Departments
in consultation with the appropriate wage fixing authority and generally recognized by
other employees in the district whose general circumstances in the trade or industry in
which the Contractor is engaged are similar.
(b) In the absence of any rates of wages, hours or conditions of labour so established the
Contractor shall pay rates of wages and observe hours and conditions of labour which
are not less favourable than the general level of wages, hours and conditions observed
by other Employers whose general circumstances in the trade or industry in which the
Contractor is engaged are similar.
(c) Where the absence of established rates of wages, hours and conditions of labour or the
dissimilarity of the general circumstances in the trade of industry in which the
Contractor is engaged prevent the Contractor from observing rates of wages, hours and
conditions of labour ascertained under sub-paragraph (a) and (b) above the Contractor in
fixing the rates of wages, hours and conditions of labour of his employees shall be
guided by the advice of the Labour Department.
(d) The Contractor shall recognize the freedom of his employees to be members of trade
unions.
(e) The Contractor shall maintain records in English of the time worked by, and the wages
paid to, his employees. The Contractor shall furnish to the Engineer or Employer, if
called upon to do so, such particulars of the rates, wages and conditions of labour as the
Employer or Engineer may direct.
(f) The Contractor shall at all times during the continuance of the contract display, for the
information of his employees in every factory, workshop or place occupied or used by
him for the execution of the Contract, a copy of this clause together with a notice setting
out the general rates of wages, hours and conditions of labour of his employees.
(g) The Contractor shall be responsible for the observance of this clause by sub-Contractors
employed in the execution of the works.
34.4 BREACH OF FAIR WAGES CLAUSE
Any Contractor or Sub-Contractor who is found to be in breach of Fair Wages Clause shall
cease to be approved as a Contractor or Sub-Contractor for such period as the Permanent
Secretaries for the Ministries responsible for Roads and Labour may determine.
92
Should a claim be made to the Employer alleging the Contractor’s default in payment of Fair
Wages of any workman employed on the Contract and if proof thereof satisfactory to the
Employer is furnished by the Labour Authority, the Employer may, failing payment by the
Contractor, pay the claims out of any monies due or which may become due to the Contractor
under the Contract.
34.5 RECRUITMENT OF UNSKILLED LABOUR
Any additional unskilled labour which is required by the Contractor for the works and which
is not in his employment at the time of the acceptance of the BID shall be recruited by the
Contractor from the Labour Exchange or Exchanges nearest to the site or sites of the work.
34.6 COMPENSATION FOR INJURY
The Contractor shall in accordance with the Workmen’s Compensation Act of the Laws of
Kenya and any other regulations in force from time to time pay
compensation for loss or damage suffered in consequence of any accident or injury or disease
resulting from his work to any workman or other person in the employment of the Contractor
or any Sub Contractor.
34.7 LABOUR STANDARDS
(a) The Contractor shall comply with the existing local labour laws, regulations and labour
standards
(b) The Contractor shall formulate and enforce an adequate safety program with respect to all
work under his contract, whether performed by the Contractor or sub-Contractor. The
Contractor has assurance from the Employer of cooperation where the implementation of
these safety measures requires cooperation.
(c) Upon written request of the Employer, the Contractor shall remove or replace any of his
employees employed under this Contract.
34.8 HIV/AIDS & STI AND GENDER ISSUES
The Contractor shall, in respect of all persons employed anywhere by him in the execution of
the Contract, and further in respect of all persons employed by him otherwise than in the
execution of the Contract in every factory, workshop or place occupied or used by him for the
execution of the Contract, be responsible for making all arrangements for and shall bear all
costs relating to the following for the duration of the contract:
a) Instituting an HIV/AIDS & STI and Gender Issues awareness campaign amongst his
workers;
b) Instituting an HIV/AIDS & STI prevention campaign amongst his workers; and
c) Instituting an HIV/AIDS & STI training programme including employing and
designating a qualified HIV/AIDS & STI expert.
34.9 REPATRIATION OF LABOUR
The Contractor shall be responsible for the return to the place where they were recruited or to
their domicile of all such persons as he recruited and employed for the purposes of or in
connection with the Contract and shall maintain such persons as are to be so returned in a
suitable manner until they shall have left the site or, in the case of persons who are not
nationals of and have been recruited outside Kenya shall have left Kenya.
34.10 ACCIDENT PREVENTION OFFICER: ACCIDENTS

93
The Contractor shall have on his staff on Site an officer dealing only with questions regarding
the safety and protection against accidents of all staff and labour. This officer shall be
qualified for this work and shall have the authority to issue instructions and shall take
protective measures to prevent accidents.
34.11 HEALTH AND SAFETY
Due precautions shall be taken by the Contractor, and at his own cost, to ensure the safety of
his staff and labour and, in collaboration with and to the requirements of the local health
authorities, to ensure that medical staff, first aid equipment and stores, sick bay and suitable
ambulance service are available at the camps, housing, and on the Site at all times throughout
the period of the Contract and that suitable arrangements are made for the prevention of
epidemics and for all necessary welfare and hygiene requirements.
34.12 MEASURES AGAINST INSECT AND PEST NUISANCE
The Contractor shall at all times take the necessary precautions to protect all staff and labour
employed on the Site from insect nuisance, rats, and other pests and reduce the dangers to
health and the general nuisance caused by the same. The Contractor shall provide his staff and
labour with suitable prophylactics for the prevention of malaria and shall take steps to prevent
the formation of stagnant pools of water. He shall comply with all the regulations of the local
health authorities in these respects and shall in particular arrange to spray thoroughly with
approved insecticide all buildings erected on the Site. Such treatment shall be carried out at
least once a year or as instructed by the Engineer. The Contractor shall warn his staff and
labour of the dangers of bilharzia and wild animals.
34.13 EPIDEMICS
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply
with and carry out such regulations, orders, and requirements as may be made by the
government or the local medical or sanitary authorities for the purpose of dealing with and
overcoming the same
34.14 FESTIVALS AND RELIGIOUS CUSTOMS
The Contractor shall, in all dealings with his staff and labour, have due regard to all
recognized festivals, days of rest, and religious and other customs.
34.15 DISORDERLY CONDUCT
The Contractor shall at all times take all reasonable precautions to prevent any unlawful,
riotous, or disorderly conduct by or among his staff and labour and take all reasonable
precautions for the preservation of peace and protection of persons and property in the
neighbourhood of the Works against the same.
Add Sub-Clauses 35.2 and 35.3.as follows
35.2 RECORDS OF SAFETY AND HEALTH
The Contractor shall maintain such records and make such reports concerning safety, health
and welfare of persons and damage to property as the Engineer may from time to time
prescribe.
35.3 REPORTING OF ACCIDENTS
The Contractor shall report to the Engineer details of any accident as soon as possible after its
occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition,
notify the Engineer immediately by the quickest
94
available means. The Contractor shall also notify the relevant authority whenever the Laws of
Kenya require such a report.
COMMENCEMENT AND DELAYS
41.1 COMMENCEMENT OF WORKS
Amend Sub-clause 41.1 as follows:

Delete the words “as soon as is reasonably possible” in the first sentence and replace with
“within the period stated in the Appendix form of bid Sheet”.
Insert the following words at the end sub-clause 41.1
“Definition of Commencement
For the purposes of this clause, the Works shall be deemed to have commenced when all of
the following conditions are satisfied;
(a) The approved competent and authorized agent or representative of the Contractor is
resident in the project area and is giving his whole time to the superintendence of the
Works.
(b) The provision by the Contractor of evidence that all insurances required by the Contract
are in force.
(c) The Contractor has an established office in the project area with postal address for receipt
of correspondence.
(d) The principal items of constructional plant have been brought to Site and put to work in
the execution of the permanent Works.
The Contractor shall notify the Engineer with a copy to the Employer that the above
conditions have been met and that he has commenced works.”
42.1 POSSESSION OF SITE AND ACCESS

THERETO
Add the following to this Sub-clause:

The Contractor shall not enter any part of the site until he has requested and received
permission to do so from the employer or the Engineer.
The Contractor shall not use any portion of the site for any purposes not connected with the
Works.
43.1 TIME FOR COMPLETION

Delete the words “within the time” to “such extended time” and substitute “by the date to
dates stated or implied in Clause 14 of these Conditions of Particular Application.
44.1 EXTENSION OF TIME FOR COMPLETION
Add at the end of Sub-clause 44.1 the following:

“Neither rains falling within the rainy seasons as occurs in Kenya nor floods caused by such
rains shall be deemed exceptional weather conditions such as may fairly entitle the Contractor
to an extension of time for the completion of the work.”
95
45.1 RESTRICTION ON WORKING HOURS
Add at the end of Sub-clause 45.1 the following:

“The normal working hours for the Employer, the Engineer and his staff shall be from 0800h
to 1700h with one hour lunch break during weekdays and 0800h to 1300h on Saturdays.
Sundays are set aside for rest.
“If the Contractor requests permission to execute permanent works outside the normal
working hours of the Engineer including night hours, then if the Engineer shall grant such
permission the Contractor shall not be entitled to any additional payments for so doing. All
such work at night shall be carried out without unreasonable noise or other disturbance and
the Contractor shall indemnify the Employer from and against any liability for damages on
account of noise or other disturbance created while or in carrying out night work and from
and against all claims, demands, proceedings, costs, charges and expenses whatsoever in
regard or in relation to such liability.
“In addition the Contractor will be required to provide, for any work carried out at night or
recognized days of rest or outside above working hours, adequate lighting and other facilities
so that the work is carried out safely and properly.
“In the event of the Engineer granting permission to the Contractor to work double or rotary
shifts or on Sundays, the Contractor shall be required to meet any additional costs to the
Employer in the administration and supervision of the Contract arising from the granting of
this permission.”
47.2 REDUCTION OF LIQUIDATED DAMAGES
Delete the entire Sub Clause 47.2 and replace with the following;
“There shall be no reduction in the amount of liquidated damages in the event that a part or a
section of the Works within the Contract is certified as completed before the whole of the
Works comprising that Contract.
The Employer shall pay no bonus for early completion of the Works to the Contractor.
The sum stated in the Appendix form of bid Sheet as liquidated damages shall be increased by
a sum equivalent to any additional amount payable by the Employer to the Contractor under
clause 70.1 in respect of an increase in costs in such a period that would not have been
incurred by the Contractor if the works had been completed by the due date for completion
prescribed by Clause 43.”
DEFECTS LIABILITY
49.2 COMPLETION OF OUTSTANDING WORK AND REMEDYING

DEFECTS
Add the following paragraph at the end of this Sub-clause:

Any work ordered to be executed under this clause shall be done at a time and in manner as
directed by the Engineer so as to interfere as little as possible with the operations of the
Employer or of other Contractors and no extensions of the Defects Liability Period will be
allowed for the execution of this work.
ALTERATIONS, ADDITIONS AND OMISSIONS
52.2 VALUATION OF VARIATIONS
Add new Clause 52.2(c)

No change in the unit rates or prices quoted shall be considered for any/all items in the BOQ.
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52.4 DAYWORKS
Add the following at the end of Sub-clause 52.4:

The work so ordered shall immediately become part of the works under the contract. The
Contractor shall, as soon as practicable after receiving the dayworks order from the Engineer
undertake the necessary steps for due execution of such work. Prior to commencement of any
work to be done on a dayworks basis, the Contractor shall give an advance notice to the
Engineer stating the exact time of such commencement.
CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS
54.1 CONTRACTOR’S EQUIPMENT, TEMPORARY WORKS AND MATERIALS:

EXCLUSIVE USE FOR THE WORKS

Line 5: add “written” between “the” and “consent”.
For the purpose of these Clauses, the term “Equipment” shall be read as “Contractor’s
equipment” where the context so requires
Delete Sub-clauses 54.2 and 54.5 entirely.
Add Sub-clauses 54.9 to 54.11as follows
54.9 EQUIPMENT AND PLANT
Only equipment suitable to produce the quality of work and materials required will be
permitted to operate on the contract.
The Contractor shall provide adequate and suitable equipment and plant to meet the above
requirements and when ordered by the Engineer shall remove unsuitable equipment from the
Site and discontinue the operation of unsatisfactory plant.
In transporting equipment to and from the Site and in using it on the Site, the Contractor shall
comply with the country applicable laws.
54.10 WATER, FUEL, LIGHT AND POWER
The Contractor shall at his own expense, make all his own arrangements for the supply and
distribution of water, fuel, light and power to all points where they are required for all the
operations under the Contract and for this purpose, he shall provide and use all the necessary
construction equipment, Temporary Works, Transport, Materials and things of every kind
necessary to supply and distribute the supplies to the various parts of the works.
In the event of the Contractor obtaining water, fuel, light or power from any existing
controlled supply, he shall comply with any regulations laid down by the Authority concerned
and shall pay for rent and all other charges as required..
The cost of all the foregoing shall be included in the Rates and Lump Sums as entered in the
Bill of Quantities
54.11 EXISTING SERVICES
The Contractor shall acquaint himself with the position of all existing services such as drains,
telephone and electricity lines and poles, water mains and the like, before commencing any
excavation or other which is likely to affect the existing services.
The Contractor will be held liable for all damage to roads, irrigation ditches, main pipes,
electric cables, lines or services of any kind caused by him or his Sub-Contractors in the
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execution of the Works. The Contractor must make good any damage without delay and, if
necessary, carry out any further work ordered by the Engineer's Representative.
The Contractor will be required to make all necessary arrangements with local authorities,
corporations and owners before executing relocation of existing services. The Contractor shall
pay the costs of such works on behalf of the Employer and shall be reimbursed thereafter by
the Employer.
MEASUREMENT
55.2 OMISSIONS OF QUANTITIES
Items of Works described in the Bills of Quantities for which no rate or price has been
entered in the Contract shall be considered as included in other rates and prices in the
Contract and will not be paid for separately by the Employer.
PROVISIONAL SUMS
58.4 PROVISIONAL ITEMS
Provisional items including “Prime Cost Sums” shall be read as Provisional Sums and
shall be operated as such in accordance with Sub-clauses 58.1 to 58.3.
CERTIFICATES AND PAYMENTS

Delete Sub-clauses 60.1 to 60.10 and substitute with the following:
60.1 MONTHLY STATEMENT
The Contractor shall submit to the Engineer at the end of each month six copies, each signed
by the Contractor’s Representative approved by the Engineer in accordance with Sub-clause
15.1, of a statement, in a tabulated form approved by the Engineer, showing the amounts to
which the Contractor considers himself to be entitled up to the end of the month in respect of:
The value of the Permanent Work executed up to the end of the month.
Such an amount (not exceeding 75 percent of the value) as the Engineer may consider
proper on account of materials for permanent work delivered by the Contractor in the
site
Such amount as the Engineer may consider fair and reasonable for any Temporary
Works for which separate amounts are provided in the Bill of Quantities
Adjustments under Clause 70
Any amount to be withheld under retention provisions of sub-clause 60.3
Any other sum to which the Contractor may be entitled under the Contract
If the Engineer disagrees with or cannot verify any part of the statement, the Contractor shall
submit such further information as the Engineer may reasonably require and shall make such
changes and corrections in the statement as may be directed by the Engineer. In cases where
there is difference in opinion as to the value of any item, the Engineer’s view shall prevail.
60.2 INTERIM PAYMENT CERTIFICATE
The Contractor shall forward to the Engineer an Interim Payment Certificate based on the
statement as corrected above and, should it be necessary in the Engineers opinion, shall
promptly make any further amendments and corrections to the Interim Payment Certificate.
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The Engineer shall not unreasonably withhold certifying an Interim Payment Certificate and
in case of likely delay in establishing the value of an item, such item may be set aside and the
remainder certified for payment.
Within 30 days after receipt of the Interim Payment Certificate and subject to the Contractor
having made such further amendments and corrections as the Engineer may require, the
Engineer will forward to the Employer the certified Interim Payment Certificate.
Provided that the Engineer shall not be bound to certify any payment under this Clause if the
net amount thereof, after all retentions and deductions, would be less than the minimum
amount of Interim Payment Certificate’s stated in the Appendix form of bid Sheet. However,
in such a case, the uncertified amount will be added to the next interim payment, and the
cumulative unpaid certified amount will be compared to the minimum amount of interim
payment.
60.3 PAYMENT OF RETENTION MONEY
A retention amounting to the percentage stipulated in the Appendix form of bid Sheet shall be
made by the Engineer in the first and following Interim Payment Certificates until the amount
retained shall reach the "Limit of Retention Money" named in the Appendix form of bid
Sheet.
Upon the issue of the Taking-Over Certificate, with respect to the section of the works one
half of the retention money proportionate to the value of the sections so taken over by the
Employer shall become due and shall be paid to the Contractor when the Engineer shall
certify in writing that the section of the works has been substantially completed.
99
Upon expiration of the Defects Liability Period for the whole works, the other half of the
Retention Money shall be certified by the Engineer for payment to the Contractor.
Provided that in the event of different Defects Liability Periods being applicable to different
Sections of the Permanent Works pursuant to Clause 48, the expression “expiration of the
Defects Liability Period “shall, for the purpose of this sub-clause, be deemed to mean the
expiration of the latest of such periods.
Provided also that if at such time, there remain to be executed by the Contractor any work
instructed, pursuant to Clause 49 and 50, in respect of the works, the Engineer shall be
entitled to withhold certification until completion of any such work or so much of the balance
of the Retention money as shall in the opinion of the Engineer, represents the cost of the
remaining work to be executed.
Bank Retention Guarantees shall be accepted in lieu of cash retentions.
60.4 CORRECTION OF CERTIFICATES
The Engineer may in any Interim Payment Certificate make any correction or modification to
any previous Interim Payment Certificate signed by him and shall have authority, if any work
is not being carried out to his satisfaction to omit or reduce the value of such work in any
Interim Payment Certificate.
60.5 STATEMENT AT COMPLETION
Not later than 84 days after the issue of the Taking-Over Certificate in respect of the whole of
the works, the Contractor shall submit to the Engineer a statement at completion showing in
detail, in a form approved by the Engineer;
The final value of all work done in accordance with the Contract up to the date stated in such
Taking-Over Certificate.
(a) Any further sums which the Contractor considers to be due; and
(b) An estimate of amounts that the Contractor considers will become due to him under the
Contract.
Estimate amounts shall be shown separately in the Statement at Completion. The Contractor
shall amend and correct the Statement as directed by the Engineer and submit a Certificate at
Completion to be processed as in sub-clause 60.2.
60.6 FINAL STATEMENT
Not later than 56 days after the issue of the Defects Liability Certificate pursuant to Sub-
clause 62.1, the Contractor shall submit to the Engineer for consideration a draft final
statement with supporting documents showing in detail, in the form approved by the
Engineer;
(a) The final value of all work done in accordance with the Contract
(b) Any further sums which the Contractor considers to be due to him.
If the Engineer disagrees with or cannot verify any part of the draft final statement, the
Contractor shall submit such further information as the Engineer may reasonable require and
shall make such changes in the draft as may be required.
60.7 DISCHARGE
Upon submission of the Final Statement, the Contractor shall give to the Employer, with a
copy to the Engineer, a written discharge confirming that the total of the Final statement
represents full and final settlement of all monies due to the Contractor arising out of or in
respect of the Contract. Provided that such discharge shall become effective only after
payment under the Final Payment Certificate issued pursuant to Sub-clause 60.8 has been
100
made and the Performance Security referred to in Sub-clause 10.1 has been returned to the
Contractor.
60.8 FINAL PAYMENT CERTIFICATE
Upon acceptance of the Final Statement as given in Sub-clause 60.6, the Engineer shall
prepare a Final Payment Certificate which shall be delivered to the Contractor’s authorized
agent or representative for his signature. The Final Payment Certificate shall state:
(a) The final value of all work done in accordance with the Contract;
(b) After giving credit to the Employer for all amounts previously paid by the Employer, the
balance, if any, due from the Employer to the Contractor or the Contractor to the
Employer.
Final Certificate shall be issued for any sum due to the Contractor even if such is less than the
sum named in the Appendix form of bid Sheet.
60.9 CESSATION OF EMPLOYERS LIABILITY
Unless the Contractor notifies the Engineer of his objection to the Final Certificate within
fourteen days of delivery thereof he shall be deemed to have agreed that he accepts the total
Contract Price as set out in the Final Certificate as full settlement for all work done under the
Contract including any variations and omissions thereof but excluding any variations and
claims previously made in writing.
60.10 TIME FOR PAYMENT
The amount due to the Contractor under any Interim Payment Certificate or Final Payment
Certificate issued pursuant to this Clause or to any other term of the Contract, shall, subject to
Clause 47, be paid by the Employer to the Contractor as follows:
(i) In the case of Interim Payment Certificate, within the time stated in the Appendix form of
bid Sheet, after the Engineer has signed the Interim Payment Certificate.
(ii) In the case of the Final Payment Certificate pursuant to sub-clause 60.8, within the time
stated in the Appendix form of bid Sheet, after the Engineer has signed the Final Payment
Certificate.
(iii) In the event of the failure of the Employer to make payment within the times stated, the
Employer shall make payment to the Contractor of simple interest at a rate equal to two
percentage points above the average bank lending rates obtained from Central Bank of
Kenya. The provisions of this sub-clause are
without prejudice to the Contractor’s entitlements under Clause 69 or otherwise.
60.11 CURRENCY OF PAYMENT
The Contract Price shall be designated in Kenyan Currency.

All work performed by the Contractor under the Contract shall be valued in Kenya Shillings
using the rates and prices entered in the Bills of Quantities together with such other increases
to the Contract Price, except for variation of price payments in accordance with Clause 70.1.
60.12 ADVANCE PAYMENT
“At the request of the Contractor, The Employer MAY make an interest free advance
payment to the Contractor for the cost of mobilization in respect of the Works, in a lump sum
of any amount not exceeding ten (10) percent of the Contract Price named in the Letter of
Acceptance and Letter of Award. Non-Payment or delayed payment of the Advance shall not
101
be a cause for any claim whatsoever. The Contractor is expected to have adequate financial
resources to mobilise and execute the works with due diligence without the advance payment
being made. Payment of such advance amount will be due under a separate certification by
the Engineer after:
(i) Provision by the Contractor of the Performance Security in accordance with Clause 10 of
the Conditions of Contract, and
(ii) Provision by the Contractor of a Bank Guarantee which shall remain effective until the
advance payment has been completely repaid by the Contractor out of current earnings
under the Contract and certified accordingly by the Engineer.
A form of Bank guarantee acceptable to the Employer is included in the Tender Documents.
The advance payment shall be used by the Contractor exclusively for mobilization
expenditures, in connection with the works. The advance payment shall not be subject to
retention money.
The advance payment shall be repaid with percentage reductions from the monthly interim
payments certified by the Engineer. The reimbursement of the lump sum advance payment
shall be made by deductions from the interim payments and where applicable from the
balance owing to the Contractor. Reimbursement shall begin when the amount of the sums
due under the Contract reaches 20% of the original contract sum. It shall have been completed
by the time 80% of the contract sum is reached.
The amount to be repaid by way of successive deductions shall be calculated by the means of
the formula:
RI = A(x-X)
80-20
Where:
RI the amount to be reimbursed
A the amount of the advance which has been granted
x the amount of proposed cumulative payments as a percentage of the

original amount of the contract. This figure will exceed 20% but not
80%
X the amount of the previous cumulative payments as a percentage of the
original amount of the Contract. This figure will be below 80% but not
less than 20%
With each reimbursement, the guarantee will be reduced accordingly.
60.13 MATERIALS FOR PERMANENT WORKS
With respect to materials brought by the Contractor to the site for incorporation into the
permanent works, the Contractor shall,
Receive a credit in the month, in which these materials are brought to site,
Be charged a debit in the month in which these materials are incorporated in the
permanent works.
Both such credit and debit to be determined by the Engineer in accordance with the
following provisions.
(a) No credit shall be given unless the following conditions shall have been met to the
Engineer’s satisfaction
(i) The materials are in accordance with the specifications for the works, manufacturer’s
test certificates must be submitted;
102
(ii) The materials have been delivered to site and are properly stored and protected against
loss, damage or deterioration;
(iii) The Contractors record of the requirements, orders receipts and use of materials are
kept in a form approved by the Engineer, and such records are available for inspection
by the Engineer;
(iv) The Contractor has submitted a statement of his cost of acquiring and delivering the
materials to the site, together with such documents as may be required for the purpose
of evidencing such cost;
(v) The materials are to be used within a reasonable time.
(b) The amount to be credited to the Contractor shall not be more than 75% of the
Contractor’s reasonable cost of the materials delivered to site, as determined by the
Engineer after ascertain requirements of subparagraphs (a) above;
(c) The amount to be debited to the Contractor for any materials incorporated into the works
shall be equivalent to the credit previously granted to the Contractor for such materials
pursuant to Clause (b) above as determined by the Engineer.
SETTLEMENT OF DISPUTES
67.1 ENGINEER’S DECISION
Delete the entire sub-clause 67.1 and insert the following;

“If a dispute of any kind whatsoever arises between the Employer and the
Contractor in any connection with, or arising out of this contract or in relation to execution of
the works, whether during the execution of the works or after their
completion and whether before or after repudiation or other termination of the Contract
including any dispute as to any opinion, instruction, determination, certificate or valuation of
the Engineer, the matter in dispute shall, in the first place, be referred in writing to the
Engineer, with a copy to the other party. Such reference shall state it is made pursuant to this
clause. No later than 28 (twenty eight) days after the day on which he received such reference
the Engineer shall give notice of his decision to the Employer and the Contractor. Such
decision shall state it is made pursuant to this clause.
Unless the Contract has already been repudiated or terminated, the Contractor shall, in every
case, continue to proceed with the works with all due diligence and the Contractor and the
Employer shall give effect forthwith to every such decision of the Engineer unless and until
the same shall be revised, as hereinafter provided, in an Amicable Settlement, Adjudicator’s
or Arbitrator’s award.
If either the Employer or the Contractor be dissatisfied with the any decision of the Engineer,
or if the Engineer fails to give notice of his decision on or before the 28th (twenty eighth) day
after the day on which he received the reference, then either the Employer or the Contractor
may, on or before the 28th (twenty eighth) day after the day on which he received notice of
such decision, or on or before the 28th (twenty eighth) day after the day on which the said
period of 28 days expired, as the case may be, give notice to the other party, with a copy of
information to the Engineer, of his intention to commence Adjudication, as hereinafter
provided, as to the matter in dispute. Such notice shall establish the entitlement of the party
giving the same to commence Adjudication, as hereinafter provided, as to such dispute; no
adjudication in respect thereof may be commenced unless such notice is given.
If the Engineer has given notice of his decision as to a matter in dispute to the Employer and
the Contractor and no notice of intention to commence adjudication as to such dispute has
been given by either the Employer or the Contractor on or before the twenty eighth day after
the day on which the parties received notice as to such decision from the Engineer, the said
decision shall become final and binding upon the Employer and the Contractor. “
103
67.2 AMICABLE SETTLEMENT
Delete the entire sub-clause 67.2 and add the following;

“Where notice of intention to commence adjudication as to a dispute has been given in
accordance with sub-clause 67.1, the parties shall attempt to settle such dispute amicably
before the commencement of Adjudication; provided that, unless the parties otherwise agree,
Adjudication may be commenced on or after the 14th (fourteenth) day after the day on which
notice of intention to commence adjudication of such dispute was given, even if an attempt at
amicable settlement thereto has been made.”
67.3 ARBITRATION
Delete all the words from line 6 onwards beginning with the words "unless otherwise" up to
line 8 ending with the words "… under such rules", and substitute with the following:
"by an arbitrator to be agreed upon between the parties or failing agreement to be
nominated on the application of either party by the appointee designated in the Appendix
form of bid Sheet for the purpose and any such referee shall be deemed to be a
submission to arbitration within the meaning of the Arbitration Laws of the Republic of
Kenya.
NOTICES
68.2 NOTICES TO EMPLOYER AND ENGINEER
Delete in Sub-clause 68.2 the words "nominated for that purpose in Part II of these
conditions" and insert;
A. The Employer’s address is:
P.O. Box 49712 - 00100,
NAIROBI
B. The Engineer’s address is:

The Director (Development)
P.O. Box 49712 - 00100
NAIROBI
68.4 CORRESPONDENCE
All letters and notices from the Contractor to the Employer and/or the Engineer must be
signed by the Managing Director or the person given written power of Attorney under the
contract.
DEFAULT OF EMPLOYER
Delete in Sub-clause 69.1 (a) the words ("28 days") and insert the words "sixty (60) days".
Delete Sub-clause 69.1 (c)
Delete in Sub-clause 69.4 line 4 the words “(28 days)” and insert the words “twenty-eight
(28) days”.
104
In Sub-clause 69.4 add at the end of first paragraph the following “the period of such
suspension shall be as agreed upon by both parties and in any case not more than six (6)
months”.
In Sub-clause 69.4 of General Conditions of Contract Part I, insert at the end ---
--“The amounts of such costs which shall be added to the Contract Price shall exclude any
cost due to idle time for equipment, plant and labour.”
CHANGES IN COST AND LEGISLATION

Delete Sub-clauses 70.1 and 70.2 and substitute with the following:
70.1 PRICE ADJUSTMENT
The amounts payable to the Contractor, in various currencies pursuant to Sub-clause 60.1,
shall be adjusted in respect of the rise or fall in the cost of labour, Contractor’s Equipment,
Plant, materials, and other inputs to the Works, by applying to such amounts the formulae
prescribed in this clause.
70.2 OTHER CHANGES IN COST
To the extent that full compensation for any rise or fall in costs to the Contractor is not
covered by the provisions of this or other clauses in the Contract, the unit rates and prices
included in the Contract shall be deemed to include amounts to cover the contingency of such
other rise or fall of costs.
70.3 ADJUSTMENT FORMULAE
The adjustment to the Interim Payment Certificates in respect of changes in cost and
legislation shall be determined from separate formulae for each of the currencies of payment
and each of the types of construction work to be performed and Plant to be supplied. The
formulae will be of the following general type:
Pn = a + b Ln/Lo + c En/Eo + d Mn/Mo +….. etc
where:
pn is a price adjustment factor to be applied to the amount in each specific currency
for the payment of the work carried out in the subject month, determined in
accordance with Paragraph 60.1 (d), and with Paragraphs 60.1 (e) and (f), where
such variations and dayworks are not otherwise subject to adjustment;
A is a constant, specified in the Schedule of Adjustment Data, representing the
nonadjustable portion in contractual payments;
b, c, d, etc., are weightings or coefficients representing the estimated proportion of each cost
element (labour, materials, equipment usage, etc.) in the Works or sections
thereof, net of Provisional Sums, as specified in the Schedule of Adjustment
Data; the sum of A, b, c, d, etc., shall be one;
Ln, Mn, En, etc.,are the current cost indices or reference prices of the cost elements in the
specific currency of origin for month “n,” determined pursuant to Sub-clause
70.5, applicable to each cost element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices corresponding to the above cost
elements at the date specified in Sub-clause 70.5.
If a price adjustment factor is applied to payments made in a currency other than the currency
of the source of the index for a particular indexed input, a correction factor Zo/Zn will be
applied to the respective component factor of pn for the formula of the relevant currency. Zo
is the number of units of currency of the country of the index, equivalent to one unit of the
105
currency of payment on the date of the base index, and Zn is the corresponding number of
such currency units on the date of the current index.
70.4 SOURCES OF INDICES AND WEIGHTINGS
The sources of indices shall be those listed in the Schedule of Adjustment Data, as approved
by the Engineer. Indices shall be appropriate for their purpose and shall relate to the
Contractor’s proposed source of supply of inputs on the basis of which his Contract Price and
expected foreign currency requirements shall have been computed. As the proposed basis for
price adjustment, the Contractor shall have submitted with his bid the tabulation of
Weightings and Source of Indices in the Schedule of Adjustment Data, which shall be subject
to approval by the Engineer.
70.5 BASE, CURRENT, AND PROVISIONAL INDICES
The base cost indices or prices shall be those prevailing on the day 28 days prior to the latest
date for submission of bids. Current indices or prices shall be those prevailing on the day 28
days prior to the last day of the period to which a particular Interim Payment Certificate is
related. If at any time the current indices are not available, provisional indices as determined
by the Engineer will be used, subject to subsequent correction of the amounts paid to the
Contractor when the current indices become available.
70.6 ADJUSTMENT AFTER COMPLETION
If the Contractor fails to complete the Works within the time for completion prescribed under
Clause 43, adjustment of prices thereafter until the date of completion of the Works shall be
made using either the indices or prices relating to the prescribed time for completion, or the
current indices or prices, whichever is more favourable to the Employer, provided that if an
extension of time is granted pursuant to Clause 44, the above provision shall apply only to
adjustments made after the expiry of such extension of time.
70.7 WEIGHTINGS
The weightings for each of the factors of cost given in the Schedule of Adjustment Data shall
be adjusted if, in the opinion of the Engineer, they have been rendered unreasonable,
unbalanced, or inapplicable as a result of varied or additional work already executed or
instructed under Clause 51 or for any other reason.
70.8 SUBSEQUENT LEGISLATION
If, after the date 28 days prior to the latest date for submission of bids for the Contract, there
occurs changes to any National or State Statute, Ordinance, Decree, or other Law or any
regulation or by-law of any local or other duly constituted authority, or the introduction of
any such State Statute, Ordinance, Decree, Law, regulation, or by-law that causes additional
or reduced cost to the Contractor, other than under the preceding sub-clauses of this clause,
in the execution of the Contract, such additional or reduced cost shall, after due consultation
with the Employer and the Contractor, be determined by the Engineer and shall be added to or
deducted from the Contract Price and the Engineer shall notify the Contractor accordingly,
with a copy to the Employer. Notwithstanding the foregoing, such additional or reduced cost
shall not be separately paid or credited if the same shall already have taken into account in the
indexing of any inputs to the Price Adjustment Formulae in accordance with the provisions of
Sub-clauses 70.1 to 70.7.
106
CURRENCY AND RATES OF EXCHANGE

Delete Sub-clauses 71.1 to 72.3 and substitute with the following:
The currency of the bid and payment is Kenya Shillings and rates of exchange requirements
are not applicable.
Add Clause 73 with sub clauses as follows
BRIBERY AND COLLUSION

Add new Sub-clause 73.1:
73.1 BRIBERY AND COLLUSION
“The Contractor shall not:

(a) Offer or give or agree to give to any person in the service of the Government of
Kenya any gift or consideration or any kind as an inducement or reward for doing or
forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of this or any other contract to which the Government of
Kenya is a party or for showing or forbearing to show favor or disfavor to any person
in relation to this or any other contract for the Government of Kenya.
(b) Enter into this or any other contract with the Government of Kenya in connection
with which commission has been paid or agreed to be paid by or on his behalf or to
his knowledge, unless before the contract is made particulars of any such commission
and of the terms and conditions of any agreement for the payment thereof have been
disclosed in writing to the Employer.
Any breach of this condition by the Contractor or by anyone employed by him or acting
on his behalf (whether with or without the knowledge of the Contractor) or the
commission of any offence by the Contractor or by anyone employed by him or acting on
his behalf in relation to this or any other contract to which the Government of Kenya is a
party shall entitle the Employer to determine the Contract (See Condition 63 hereof) and/
or to recover from the Contractor the amount or value of any such gift, consideration or
commission.
Any dispute or difference of opinion arising in respect of either the interpretation, effect
or application of this condition or of the amount recoverable hereunder by the Employer
from the Contractor shall be decided by the Employer, whose decision shall be final and
conclusive.
Add new Clause 74
CONFIDENTIALITY
Add new Sub-clause 74.1:
74.1 CONTRACT TO BE CONFIDENTIAL
Add new Clause 74.1:

The Contractor shall treat the details of this Contract as Private and Confidential and shall
not publish or disclose the same or any particulars thereof in any trade or technical paper
or elsewhere (save in so far as may be necessary for the purpose thereof) without the
previous consent in writing of the Government. If any dispute arises as to the necessity of
any publication or disclosures for the purposes of this Contract the same shall be referred
to the decision of the Engineer mentioned in the said Conditions of Contract whose award
shall be final.
107
APPENDIX FORM OF BID
CONDITIONS OF CONTRACT CLAUSE AMOUNT

Employer’s name and address 68.2 The Director General
P.O. Box 49712 - 00100,
Nairobi
Engineer’s name and address 68.2 The Director (Development)
P.O. Box 49712 - 00100
Nairobi
Time for Completion 43.1 Thirty Six (36) Months
Defects Liability Period 49.1 Twenty Four (24) Months.
Level of “Profit” N/A [As per the priced BoQ or as agreed with the
Engineer]
Addresses for Communication 68.2 The Director General
P.O. Box 49712 - 00100,
Nairobi
Governing Law Law in force is that of Republic of Kenya.
Ruling language English
Language for communications English
Deadline for entering into a Not later than 28 [Twenty Eight] days
Contract, after Contractor
receives Letter of Acceptance
Permits and Permissions to be As required by the Government of Kenya
obtained by the Employer
Notices, Taxes, Duties, Permits, As required by the Government of Kenya
Licences, Approvals to be given
and/or obtained by Contractor
Period for commencement,
from Engineer’s order to 41.1 Not later than 14 days
commence
Not later than 14 (Fourteen) days after issuance of
Program to be submitted 14.1
Order to Commence
Cash flow estimate to be Not later than 14 (fourteen) days after issuance of
14.3
submitted Order to Commence
Situations in which the Engineer Consenting to the sub-letting of any part of the Works
shall obtain approval from the under Sub- Clause 4.4
Employer before exercising a Certifying additional cost determined under Sub –
specific authority Clause 4.12
Determining an extension of time under Sub- Clause
8.4
Issuing a variation under Clause 13 except in an
emergency situations as reasonably determined by the
Engineer.
Fixing rates or prices under Clause 13
108
Parts of the Permanent Works Not Applicable

to be designed by the
Contractor
Performance Security 10.1 The Performance Security will be in the form of a
Unconditional Bank Guarantee in the amount(s) of 5
(Five) % of the Accepted Contract Amount, and in
the same currency as the Accepted Contract
Amount. (Insurance Bonds will not be accepted)
Delivery, Handling, and Risks Contractor’s Responsibility.
associated with Transport of All goods to be inspected on delivery by the Engineer
Goods
Monthly Progress Reports Monthly
Normal working hours 8.00 am to 5.00pm (Monday to Friday)
8.00 am to 12.00 noon (Saturdays)
Day and Night subject to Engineer’s Approval and at

Contractor’s cost. No additional Payment to the
Contractor if the request to work at night was
requested by the Contractor and approved by
Engineer.
Conditions Precedent to Same as General Conditions
Commencement of Works
Liquidated damages for the 47.1 KShs 100,000.00 per day
Works
Maximum amount of liquidated 47.1 10 (Ten)% of the Contract Sum
delay damages
Provisional Sums Applicable

Adjustments for Changes in Cost Applicable
Contract Price Specificities Not Applicable
Total advance payment 60.12 The Employer MAY pay any amount up to a maximum
of 10% of Contract Price subject to availability of
funds payable in the currencies and proportions in
which the Accepted Contract Amount is payable
Advance Payment Security 60.12 Full amount of the advance in the form of
Unconditional Bank Guarantee (Insurance bonds shall
not be accepted)
Repayment amortisation rate of 10 (ten) % of the value of every interim payment

advance payment certificate.
Percentage of Retention 60.3 5 (Five) % of the value of every Interim Payment
certificate.
Limit of Retention Money 60.3 5 (Five)% of the Accepted Contract Amount
109
Time within which payment to 60.10 90 days

be made after Interim Payment
Certificate signed by Engineer
Time within which payment to 60.10 90 days
be made after Final Payment
Certificate signed by Engineer
Plant and Materials N/A
Minimum Amount of Interim 60.2 1.5% of the Accepted Contract Amount

Payment Certificates
Current Interest Rate of the Central Bank
Calculation of Financing of Kenya
Charges
As in General
Substitution Guarantee for Conditions
Second Half of Retention Money
The product of 2 (two) times the Accepted
Maximum total liability of the Contract
Contractor to the Employer Amount
Periods for submission of
insurance:
1. Evidence of insurance. 28 days
2. Relevant policies 28 days
KShs. 10,000,000.00/= per occurrence
Minimum amount of third party 23.2 with the
insurance number of occurrence unlimited
Chairman Chartered Institute of
Appointment of Arbitrator (if 67.3 Arbitrators – Kenya
not agreed) to be made by Chapter
Chartered Institute of Arbitrators Kenya

International Arbitration 67.3 Chapter
Institution
Place of International 67.3 Nairobi, Kenya
Arbitration
Place of International Arbitration 67.3 Nairobi, Kenya

Notice to Employer and Engineer 68.2 The Employer’s address is:
The Director General,
Kenya National Highways Authority (KeNHA),
Barabara Plaza, Jomo Kenyatta International Airport
(JKIA), Off Mazao Road,
P.O. Box 49712 - 00100
NAIROBI
The Engineer’s address is:

68.4 The Director(Development)
Kenya National Highways Authority (KeNHA),
Barabara Plaza, Jomo Kenyatta International Airport
(JKIA), Off Mazao Road,
110
P.O. Box 49712 - 00100

NAIROBI
The Contractor address is:

Name…. …………………………….
P.O Box……………………………..
City/Town…………………………….
Email:………………………………….
Telephone……………………………
Signature of Tenderer……………………………………. Date …………………………
111
SECTION VIII: CONTRACT AGREEMENT FORMS
FORM OF LETTER OF ACCEPTANCE ......................................................................................... 109
FORM OF CONTRACT AGREEMENT ........................................................................................... 114
FORM OF PERFORMANCE SECURITY ........................................................................................ 116
FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT SECURITY .............................. 118
FORM OF RETENTION MONEY SECURITY ............................................................................... 120
Note: All italicised text in the following forms (including footnotes) is for guidance only
on how to prepare them and shall be deleted from the final document.
112
NOTIFICATION OF AWARD
The Employer will prepare the Letter of Acceptance on its own stationery with its letterhead
clearly showing the Employer’s complete name and address
TO: [insert name and address of the Contractor]
RE: CONSTRUCTION OF MAU MAU ROAD: LOT 1B-KIAMBU COUNTY SECTION
TENDER №: KeNHA/2219/2019
SUBJ: NOTIFICATION OF AWARD
CONTRACT №: [insert Contract №]
This is to notify you that your Bid dated [insert date] for execution of the CONSTRUCTION OF
MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION for the amount of:
(Amount in figures) KShs._______________________________________________________
(Amount in words) Kenya Shillings________________________________________________

______________________________________________________________________________
______________________________________________________________________________
You are requested to furnish the Performance Security in the amount of:

______________________________________________________________________________
______________________________________________________________________________
Within 28 days in accordance with the Conditions of Contract, using for that purpose the Performance
Security Form included in Section IX (Contract Forms) of the Bidding Document.
________________________________________________
(For and on behalf of the said Employer)
(Signature)
Director General
Encl: Contract Agreement
113
FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is made on the [insert date number] day of [insert month],
[insert year]
BETWEEN
1. Kenya National Highways Authority, an agency of the Ministry of Transport, Infrastructure,

Housing, Urban Development & Public Works (MOTIHUD) of the Government of Kenya
incorporated under the laws of Republic of Kenya and having its principal place of business at
Barabara Plaza, Jomo Kenyatta International Airport (JKIA) off Mazao Road, P.O. Box
49712 - 00100 Nairobi, Kenya (hereinafter called “the Employer”),
and
2. [insert name of the Contractor], a corporation incorporated under the laws of [insert country
of Contractor] and having its principal place of business at [insert address of Contractor]
(hereinafter called “the Contractor”)
WHEREAS the Employer invited bids for the Works, described as CONSTRUCTION OF MAU
MAU ROAD: LOT 1B-KIAMBU COUNTY SECTION - TENDER № KeNHA/2219/2019
and has accepted a Bid by the Contractor for the execution and completion of these Works and the
remedying of any defects therein, and the Employer agrees to pay the Contractor 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
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents, hereinafter referred to as "the Contract" shall be deemed to form and
be read and construed as part of this Agreement. This Agreement shall prevail over all other
Contract documents.
the Letter of Acceptance
the said Bid dated [insert number and date of bid]
the Addenda № [insert addenda numbers if any]
the Particular Conditions of Contract
the General Conditions of Contract
the Works Specification
the Priced Bill of Quantities
the Tender Drawings
the completed Schedules of Supplementary Information
Other documents as may be agreed and listed
In consideration of the payment to be made by the Employer to the Contractor, the Contractor hereby
covenants with the Employer to execute, complete and maintain the works in conformity in all
respects with the provisions of The Contract.
114
The Employer hereby covenants to pay the Contractor in consideration of the execution, completion
and maintenance of the works the Contract Price at the times and in the manner prescribed by the
Contract.
IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be hereto
affixed (or have hereunto set their respective hands and seals) on the day and year first above written.
THIS AGREEMENT is to be executed in accordance with the laws of Kenya

SIGNED AND DELIVERED:
By the said Employer: __________________________________________________________
(For and on behalf of the said Employer)
(Director General, Kenya National Highways Authority)
(Signature)
In the presence of: _________________________________________________________

_________________________________________________________
(Signature)
________________________________________________________
(Address)
By the said Contractor: _____________________________________________________

(For and on behalf of the said Contractor)
(Signature)
In the presence of: _____________________________________________________

_________________________________________________________
(Signature)
________________________________________________________
(Address)
115
FORM OF PERFORMANCE SECURITY

Note: The Bank as requested by the successful bidder must prepare the Form of Performance
Security on its own stationery with its letterhead clearly showing the complete Name of the Bank
name and address of issuing branch.
PERFORMANCE GUARANTEE №: [insert Performance Guarantee number]
To:
Director General,
P.O. Box 49712 - 00100
Nairobi
We have been informed that [insert complete name of the Contractor] (hereinafter called "the
Contractor") has entered into the Contract № [insert Contract number] dated [insert day and month],
[insert year] with you, for the execution and completion of CONSTRUCTION OF MAU MAU
ROAD: LOT 1B-KIAMBU COUNTY SECTION and the remedying of any defects therein
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance

Guarantee is required.
At the request of the Employer, we hereby irrevocably undertake to pay you any sum(s) not exceeding
[insert amount(s2) in figures and words] such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing
declaring the Contractor to be in default under the Contract, without cavil or argument, or your
needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This Guarantee shall expire no later than the [insert number] day of [insert month], [insert year],3 and
any demand for payment under it must be received by us at this office on or before that date. This
guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except
that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
SEALED with the common seal of the Bank this ____________day of _____________ 20____
2
The bank shall insert the amount(s) specified in the PC and denominated, as specified in the PC, either in
the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.
3
Insert the date twenty-eight days after the expected completion date. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months] [one year], in response to the
Employer‟s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”]
(Name of bank)_________________________________________________________________
(Name of Signatory)_____________________________________________________________
116
(Designation of Signatory) _______________________________________________________
(Address)____________________________________

____________________________________________________________
(Signature)
____________________________________________________________
(Address)
117
FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT SECURITY

ADVANCE PAYMENT SECURITY GUARANTEE №: [insert Advance Payment
Guarantee number]
To:
Director General,
P.O. Box 49712 - 00100
Nairobi
ROADS: LOT 1B - KIAMBU COUNTY SECTION and the remedying of any defects therein
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in
the amount of:
______________________________________________________________________________
______________________________________________________________________________
At the request of the Employer, we [insert name of the bank] hereby irrevocably undertake to pay you
any sum or sums not exceeding in total an amount of:

______________________________________________________________________________
______________________________________________________________________________
upon receipt by us of your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation under the Contract because the Contractor used the advance
payment for purposes other than performing his obligations under the Contract or the costs of
mobilisation in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Contractor on its account number [insert
Contractor’s account number] at [insert name and address of the bank]
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates
which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of
the interim payment certificate
indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the
[insert date number] day of [insert month], [insert year]4, whichever is earlier. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
118
(Name of bank)_________________________________________________________________
(Address)____________________________________
____________________________________________________________
(Signature)
___________________________________________________________
(Address)
4
Insert the expected expiration date of the Time for Completion. The Employer should note that in
the event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [insert number of months], in response to
the Employer’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.]
119
FORM OF RETENTION MONEY SECURITY

DEMAND GUARANTEE
RETENTION MONEY GUARANTEE №: [insert Retention Money Guarantee number]
To:
Director General,
P.O. Box 49712 - 00100
Nairobi
ROADS: LOT 1B - KIAMBU COUNTY SECTION and the remedying of any defects therein
Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over
Certificate has been issued for the Works and the first half of the Retention Money has been certified
for payment, payment of [insert either “the second half of the Retention Money”, or, if the amount
guaranteed under the Performance Guarantee, when the Taking-Over Certificate is issued, is less than
half of the Retention Money, “the difference between half of the Retention Money and the amount
guaranteed under the Performance Security”] is to be made against a Retention Money guarantee.
At the request of the Employer, we [insert name of Bank and Branch] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount1 of
______________________________________________________________________________
______________________________________________________________________________
upon receipt by us of your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation under the Contract because the Contractor used the advance
payment for purposes other than the costs of mobilisation in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the payment of the
second half of the Retention Money referred to above must have been
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
or, if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued
is less than half of the Retention Money, the difference between half of the Retention Money and the amount
guaranteed under the Performance Security and denominated either in the currency(ies) of the second half
of the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Employer.
received by the Contractor on its account number [insert Contractor’s account number] at [insert
name of the Bank and address of the issuing Branch].
This guarantee shall expire, at the latest, 21 days after the date when the Employer has received a copy
of the Performance Certificate issued by the Engineer. Consequently, any demand for payment under
this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
120
(Name of bank)_________________________________________________________________
(Address)____________________________________

____________________________________________________________
(Signature)
____________________________________________________________
(Address)
121
PART 4: SPECIFICATIONS FOR THE WORKS
122
SECTION IX: STANDARD SPECIFICATIONS

The Standard Specifications referred to in this document is the Standard Specifications for Road
and Bridge Construction, 1986 Edition published by the Ministry of Transport and
Communications. This document shall form part of The Contract
Work shall be carried out in accordance with the Standard Specification except as supplemented or
revised in the Special Specification.
123
SECTION 1 - GENERAL
100 SPECIAL SPECIFICATIONS
Special specification is supplementary to the Standard Specifications and the two must be read in
conjunction. In any case, where there appears to be conflict between the two then the Special
Specifications will take precedence.
In the absence of any definite provisions on any particular issue in the aforesaid Specifications,
reference may be made to the latest codes and specifications of Design Manual for Roads and
Bridges of the Ministry of Transport and communication of the Republic of Kenya, Kenya Bureau
of Standards (KEBS), BS, ASTM, AASHTO and in that order. Where even these are silent, the
construction and completion of the works shall conform to sound engineering practice as approved
by the Engineer and in case of any dispute arising out of the interpretation of the above, the
decision of the Engineer shall be final and binding on the Contractor.
Where reference is made in the Contract to specific standards codes to be met by the materials,
plant, and other supplies to be furnished, and work performed or tested, the provisions of the latest
current edition or revision of the relevant standards as on the date of the bid and codes/design
manual in effect shall apply, unless otherwise expressly stated in the contract. Where such
standards and codes/design manual are national, or relate to a particular country or region, other
internationally recognized standards which ensure a substantially equal or higher performance than
the standards and codes/design manual specified will be accepted subject to the Engineer’s prior
review and written approval. The difference between the standards specified and the proposed
alternative standards must be fully described in writing by the Contractor and submitted to the
Engineer at least 28 days prior to the date when the Contractor desires the Engineer’s approval. In
the event that the Engineer determines that such proposed deviations do not ensure substantially
equal performance, the Contractor shall comply with the standards specified in the documents.
When the term “Period of Maintenance” has been used in the Standard Specifications, it shall be
changed to “Defects Liability Period”.
101 LOCATION AND EXTENT OF SITE
The Mau Mau Road-LOT 1B: Kiambu County Section forms part of the larger Road Network along
aberdere forest which is a major tea growing Zones. The road sections are situated in Kiambu County
within the jurisdiction of the Nairobi Region of the Kenya National Highways Authority. The project
starts at Kamahindu along Githunguri –Kimende Road and takes a general north easterly direction
through Jn C561 – Gatamaiyu – Nduriri – Kaguongo – Nyanduma – Wangui – Mundoro – Gaitete
(C560/C561/D1432/C557/C556)- Gacharage– Kuri – Kamunyaka – Raini (C561/E2211/E2212)-
Kariminu – Mataara and ends at Gatakaini (Mau Mau Town along B20) (35.3km). The road also
includes the following spur roads;
• Gatamaiyu–Kibichoi – Gathugu –Gicogocho–Wangui (C561) – 21.4Km
• Gachika Link – 0.7 Km
• Ngewa – Kibichoi (B30) Road – 7Km
• Nembu – Gathage - 3.0Km
• Kanda Komu – Gatei -9.1Km
124
Table 1.0: Detailed description of the project road
No. Description of road section Length(Km) Section for Remarks

Construction
(Km)
1 Kamahindu – Jn C561 – 35.3km 35.3km To be done entirely.
Gatamaiyu – Nduriri – Kagungo –
Nyanduma – Wangui – Mundoro
–Gaitete
(C560/C561/D1432/C557/C556)
2 Gacharage– Kuri – Kamunyaka – 14.2 Nil To be omitted entirely as its
Raini (C561) recently done / under
construction.
3 Kariminu – Mataara – Gatakaini 9.1 9.1 To be done entirely
(C542)
4 Kitamaiyu–Kibichoi – Gathugu – 21.4 21.4 Spur road branching of Mau Mau
Gicogocho–Wangui (C561); Road
5 Gachika Link 0.7 0.7 Short link to Gachika Market
6 Ngewa – Kibichoi (B30) Road 10 7 Spur road
7 Nembu – Gathage 3 3 Spur road
8 Kanda Komu – Gatei 9.1 9.1 Spur road
The entire project road measure approximately 85.6Km long and has, on average, a 20m wide right of
way.
The site of the works shall be within the road reserve and any other places as may be designated in the
Construction Contract and as shown in the Book of Drawings.
The scope of works shall be carried out as outlined below. Any other works shall be as directed by
the Engineer.
102 EXTENT OF CONTRACT
The works are new construction to bitumen standard of the section of the Road identified above.
Other associated works are construction of storm-water drainage systems comprising lined
roadside drains, a reinforced concrete box culvert, culverts and storm-water drainage outfall.
125
102.1 PROJECT COMPONENTS
The proposed construction works to be executed under the Contract shall mainly comprise but
are not limited to the following schemes:
6.0 m wide carriageway with 1.0 m wide shoulders either side of the carriageway
(and footpaths where instructed)
Junctions and access roads as required
Road drains under on the outer side of the shoulders
Road furniture and markings
Bus bays
Utility relocation
Safety provisions and protection works
Landscaping
Protection works
102.2 SCOPE OF WORK
The scope of the work shall include the following:

1. Facilitation of the Supervision Staff
2. Site Clearance and Top Soil Removal
3. Earthworks to Formation Levels
4. Construction of the 300mm improved subgrade to receive the pavement layers as per the
standard specifications.
5. Provision of 225 mm Cement Improved gravel subbase;
6. Provision of 150mm Cement Improved gravel base;
7. Provision, processing and compaction of a 50 mm thick layer of Superpave asphalt
concrete (AC) as wearing course for the carriageway, bus bays, accesses and junctions.
8. Laying double seal with 10/14 and 14/20mm chippings on shoulder.
9. Application of penetration grade 80/100 bitumen and single seal surface dressing
using pre-coated 10/14 mm pre-coated chippings surface dressing on the carriageway,
accesses and junctions.
10. Construction of Concrete pavement on high grade sections as will be directed.
11. Construction of pedestrian staircases in areas with deep cuts.
12. Carriageway Cross Sections

a. The road carriageway in open rural countryside shall be 6.0 m wide with 1.0m wide
shoulders (and footpaths where instructed) and landscaped verge on both sides
b.The roadside ditches in towns and urban centres shall be jointed invert block drains
with side slabs whose invert levels being at least 0.6 m below the road formation level.
c. The side ditches in open and rural areas shall be trapezoidal with its invert level
being at least 1.0m below the road formation level provided with adequate erosion
protection features.
13. Drainage and Protection works shall be as follows:
d.Removal of existing inadequate and defective cross and access culverts, inlets and
outlets structures and replace as instructed by the Engineer.
e. Construction of pipe culverts, headwalls, wing walls and aprons to cross and access
culverts inclusive of concrete surround
f. Construction of side and mitre drains and outfall channels to the whole road including
improvement of other drainage and soil erosion protection works.
g.Carry out protection works (scour checks, stone pitching) as instructed by the
Engineer.
126
h.Carry out any miscellaneous works that is not included above but may be deemed
necessary by the Engineer for the execution and completion of the works.
14. Road Furniture
i. Provision and erection of all road signs and markings as instructed by the Engineer.
ii. Provide, lay and joint raised kerbs, precast concrete channels and invert block drains
as instructed by the Engineer.
iii. Plant selected grass on slopes of embankments and cuttings.
iv. Provide and fix flex beam guardrail at high fill areas and at the approaches to the Road
Bridge and a handrail on the bridge deck.
15. Concrete Works
i. Provide and place concrete class 15(20) 50mm thick as blinding under foundations of
drainage structures.
ii. Construction of a various sizes of high reinforced standard concrete box culverts
inclusive of headwalls and wing walls
iii. Provide and place concrete Class 30(20) to foundations, substructure and
superstructure of box culvert
16. Other Ancillary Works
i. Improvement of junctions and accesses as instructed by the Engineer
ii. Protection of existing utility services and way leaves acquisition
iii. Landscaping and planting of selected trees, flowering bushes and grass on slopes of
embankments and cuttings
iv. Protection works using stone pitching and gabions as necessary
17. Regular maintenance of the existing road for passage of traffic during construction
including diversion works as necessary to meet regulatory requirements
18. Any other activity not listed above but deemed necessary and instructed by the Engineer
to be paid within the mode of payment stipulated either by day works or on measured basis
19. Maintenance of the works during the construction period. The defects liability period
shall be 24 months.
103 CONTRACT DRAWINGS

The Engineer may from time to time, in order to enable the satisfactory completion of the works,
revise, amend or supersede any of these drawings. It shall be the
Contractor’s responsibility to construct all works in conformity with the latest revision,
amendment or superseding drawings, provided that the Engineer has given to the Contractor in
writing such reasonable prior notices of intention to revise, amend or supersede as the nature of the
intended change requires, and the relevant drawings have been issued to the Contractor.
The changed drawings shall entitle the Contractor such reasonable additional payments as
provided for in the Contract, including any abortive work carried out by the Contractor prior to
notice of intent to undertake changes having been given.
127
The Contractor may be required to demolish, alter and/or correctly rebuild at his own expense any
part of the Works not in conformity with the current drawings issued to him within a reasonable
prior notice.
104 PROGRAMME OF EXECUTION OF THE WORKS
The contractor shall provide the works programme, required under clause 14 of the Conditions of
Contract, within 21 days of receipt of the Engineer's Order to commence work.
The programme shall be coordinated with climatic and other conditions to provide for the
completion of the works in the order and by the time specified.
The Contractor shall carry out the contract in accordance with the programme agreed with the
Engineer, but he shall in no manner be relieved by the Engineer's approval of the programme, of
his obligation to complete the works in the prescribed order and by the prescribed completion date
and he shall from time to time review his progress and make such amendments to his rate of
execution of the works as may be necessary to fulfil his obligations.
The Contractor shall allow in his programme for construction of trial sections and carrying out
tests upon them as directed by the Engineer in accordance with the provisions of Clause 129 of the
Standard Specification. The time for completion of the Contract shall not be extended because of
the time taken to carry out tests and evaluate trial sections.
105 ORDER OF EXECUTION OF WORKS
In addition to Clause 105 of the Standard Specification, the Contractor shall carry out the Works
such that a continuous and consecutive output of fully completed work is achieved.
107 TAKING OVER CERTIFICATE
The minimum length of the road for which a certificate will be issued under Clause 48 is when 38km
of the project road has been substantially completed.
109 NOTICE OF OPERATIONS
Add the following sub- Clause.

Notification Terms
It shall be the Contractor’s responsibility to notify the Engineer when any item of works scheduled
are completed and ready for approval, and the contractor shall give sufficient notice to allow
control test to be performed.
Explosive and Blasting
(a) The requirements of the Laws of Kenya governing explosives and other requirements
and regulations of Government of Kenya and other authorities shall be complied with.
(b) No explosives of any kind shall be used without prior written consent of the Engineer.
(c) The Contractor shall be solely responsible for the provision, handling, storage and
transporting of all explosives, ancillary materials and all other items of related kind whatsoever
required for blasting.
128
111 NATIONAL SPECIFICATIONS
Add the following at the end of this clause

“The Contractor shall provide all such specifications not more than 60 days after commencement
of contract and at least 14 days before the execution of work to which the specification is
applicable.”
117 HEALTH, SAFETY AND ACCIDENTS

Add the following:
In addition to providing, equipping and maintaining adequate first aid stations throughout the
works in accordance with the laws of Kenya, the contractor shall provide and maintain on site
during the duration of the Contract, a fully equipped dispensary. This shall be with a qualified
Clinical Officer / Nurse who shall offer the necessary medical advice on HIV and related diseases
to the Engineer’s and Contractor’s Site staff. The Contractor shall allow for this in the rates and be
responsible for all site welfare arrangements at his own cost.
121 DIVERSION OF SERVICES
(a) The Contractor shall acquaint himself with the location of all existing services such as
telephone lines, electricity cables, water pipes, sewers etc., before execution of any works that may
affect the services. The cost of determining the location of the existing services together with
making good or repairing of any damage caused all to the satisfaction of the Engineer shall be
included in the bid rates.
(b) Subject to the agreement with the Engineer, the Contractor shall be responsible for
removal of alteration and relocation of existing services.
(c) The Contractor shall indemnify the Employer against claims originating from damage
to existing services or works.
123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS
The Contractor shall keep in close touch with the Police and the other Government officials of the
area regarding their requirements in the control of traffic, or other matters, and shall provide all
assistance or facilities, which may be required by such officials in the execution of their duties.
124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR'S OWN
PURPOSES, INCLUDING TEMPORARY WORKS
Notwithstanding Clause 124 of the Standard Specification all requirements of land for temporary
works and construction purposes shall be to the approval of the Engineer but the Contractor will
make all necessary arrangements with the property owners concerned and pay all charges arising
therefrom. On or before completion of the Contract, the Contractor shall remove all temporary
works and shall restore all such land to the condition in which it was immediately prior to the
occupation thereof as far as is reasonable and practicable. No separate payment will be made to the
Contractor on account of these items and the Contractor must make due allowance for them in his
rates.
Notwithstanding Clause 120 of the Standard Specifications, the Contractor shall be required to
appoint competent surveyors who will liaise with the Engineer on
129
matters related to the demarcation of the existing road reserve, site measurements, removal
and reinstatement of existing services.
127 INFORMATION FROM EXPLORATORY BORINGS AND TEST PITS
Omit the content of Clause 127 and substitute the following Sub-clause:
127.1 TRIAL SECTIONS
The Contractor shall allow in his programme for constructing trial sections and carrying out tests
upon them as directed by the Engineer. Trials would normally be required at the start of each
pavement layer and if changes of materials, method or equipment deem it necessary as directed by
the Engineer.
The time for completion of the Contract shall not be extended because of the time needed to
construct trial sections and evaluate the tests on them.
At least fourteen days before the work of laying any pavement layer is commenced, the contractor
shall construct trial sections of at least 100 m in length and to the full construction width and the
specified pavement layer thickness. For each trial section, the Contractor shall use the materials,
mix proportions, mixing, laying, compaction plants and construction procedure that he proposes to
use for the main work. The main work of laying the pavement layer shall not be commenced until
this trial has been tested and approved by the Engineer.
No variation in the construction procedure, mix proportions, size, grading or source of any of the
constituents shall be made without the agreement of the Engineer who may first require new trial
sections to be carried out.
Trial sections, if found satisfactory, will be paid for under the rates in the Bill of Quantities for the
appropriate items, as if the trial sections were part of the normal work. No separate payment will
be made for trial sections and testing and the Contractor shall be deemed to have provided for this
in his rates.
The Contractor shall make good, at his own expense, any trial sections that fail to meet the
specified standards. The standards shall include, but not be limited to, material quality, layer
thickness, levels and compaction.
127.2 FACTUAL MATERIALS REPORT
The Factual Materials Report produced during the design for this road project does not form part
of the Contract Documents. However, the Report will be made available for the Contractor's
information only, and any conclusions on issues such as suitability of materials, location of borrow
pits, material quantities etc., made by the Contractor on basis of the Factual Materials Report, will
be at his own risk.
128 STORAGE OF MATERIALS
All materials shall be stored on Site in a manner approved by the Engineer and the Contractor shall
carefully protect from the weather all work and materials which may be affected thereby.
130
129 TEST CERTIFICATES
When instructed by the Engineer the Contractor shall submit certificates of test from the suppliers
of materials and goods required in connection with the works as the Engineer may require.
Such certificates shall certify that the materials or goods concerned have been tested in accordance
with the requirements of the specifications and shall give the results of all the tests carried out. The
Contractor shall provide adequate means of identifying the materials and goods delivered to the
site with the corresponding certificates.
130 PROGRESS PHOTOGRAPHS
Notwithstanding the provision of Clause 130 of the Standard Specifications, the Contractor shall
not be responsible for taking of progress photographs. Progress
Photographs shall be taken by the Engineer’s Representative and relevant costs charged to the
Contractor who will be reimbursed under Miscellaneous Accounts.
131 SIGNBOARDS
The Contractor shall provide, erect and maintain four (4) publicity signboards at the location
instructed by the Engineer. The Engineer shall, as shown in the Drawings, direct the minimum
dimensions of the boards. The signs shall be printed reflective Vinyl Stickers on galvanized steel
plates min 350mm high. Posts shall be galvanized steel. Main headings lettering shall be Yellow
and min 80mm high, while subheadings lettering shall be White and min 60mm high as per the
drawings. Any amendments to the details in the Book of Drawings, prior to the signboards being
erected, shall be with the approval of the Engineer.
132 HOUSING ACCOMMODATION FOR THE RESIDENT ENGINEER AND HIS

STAFF, OFFICE AND LABORATORY INCLUDING FURNITURE
132.1 HOUSING AND ACCOMMODATION FOR THE ENGINEER’S SENIOR STAFF
The Contractor shall provide or rent, equip, furnish and maintain 1 No. type I and 7 No. type II, 5
No. type III and 12 No. type IV houses for the Engineer’s senior staff subject to the Engineer’s
approval.
The Engineer’s senior staff housing shall be separate from the Contractors’ staff housing and shall
be sited and constructed to the satisfaction of the Engineer. The houses shall be constructed with
prefabricated material subject to approval to the Engineer and the design and construction shall be
approved by the Engineer. The walls shall be made of timber. All materials shall be new, strong,
durable and weather-proof. Ceiling and floor must be properly insulated against heat with
approved insulation material and the floor shall have a smooth level finish. All windows shall be
glass paned, able to be opened and with mosquito gauze. The building materials shall be termite
proofed and painted inside and outside with two coats of paint/ vanish all to the approval of the
Engineer.
The ceilings and verandas shall be lined with ceiling boards. All doors are to be fitted with mortise
locks, which must be heavy duty on external doors. All doors are to be fitted with mortise locks,
which must be heavy duty on external doors. All windows shall be fitted with burglar bars.
The roof cladding shall be with G.I corrugated sheets or equivalent material. The lounge, bedroom,
bathroom, toilet and kitchen floor will have cement mortar finish. The workbenches in the kitchen
shall have approved cover. All sanitary ware shall be vitreous china of approved quality. All
houses are to be provided with a fire extinguisher and fire axe. Fire axe are to be secured to the
131
outside of the buildings. All storerooms shall be fitted with at least three substantial shelves, and
kitchens shall be fitted with shelves, drawers and cupboards as instructed.
The Contractor shall provide new furniture, equipment and fittings as listed herein below. The
Contractor shall obtain approval of the Engineer for the type and quality of the furniture, fittings
and equipment before ordering. All houses shall be provided with a piped supply of drinkable
water, electricity, gas and kerosene for the consumption of the Engineer and his staff and the
Contractor shall provide all necessary waterborne sanitation and disposal systems to the
satisfaction of the Engineer.
The Contractor shall pay for the water, electricity, gas and kerosene consumed, and for the
statutory charges associated therewith.
The Contractor shall be responsible for rubbish disposal by providing outside bins and daily
collection to a central area location to the satisfaction of the Engineer.
Type II houses shall be erected separately. A barbed wire topped chain link wire fence 2 meters
high with a chain and padlock lockable gate shall be provided around the general perimeter of type
I and II houses.
Each type II house shall be provided with day and night watchmen and security lights, the cost of
which shall be deemed to have been included in the rates for the houses.
132.2 HOUSING ACCOMMODATION FOR ENGINEER’S JUNIOR STAFF
The Contractor shall provide/ rent, equip, furnish and maintain 5 № Type III, 12 № Type IV
(double units) for Engineer’s junior staff subject to the Engineer’s approval.
132.4 ENGINEER’S MAIN OFFICE
The contractor shall provide a furnished and equipped main office of plan area not less than 155
metre square. This office shall be of weatherproof construction, provided with mosquito proof, bat
proof and burglar-proof windows and lockable doors and suitably insulated against heat and cold,
all to the satisfaction of the Engineer. The room to be occupied by the Resident Engineer shall be
provided with a floor carpet to be approved by the Engineer. All other floors shall be given a PVC
tile finish using approved adhesive including 150mm wood skirting or superior finish. The
windows shall be fitted with curtains or blinders.
The office for the Resident Engineer shall be completely separate from that of the Contractor.
Cloakrooms together with a potable water supply and waterborne sewage disposal shall be
provided for the office. The Contractor shall also provide an uninterrupted supply of water and
electricity to the offices and shall allow for any water and electricity consumed and for any
statutory charges associated.
Measurement and payment for the Engineers office shall be as specified in the standard
specifications. The rate inserted for provision of the main office shall include the cost of
complying with the requirements of clauses 117, 124, 125, 132, 133, 134, 135, 136 and 137 of the
standard specifications. The office building shall revert to the Employer at the end of the Contract.
The Contractor may be instructed by the Engineer under clause 58 of the General Conditions of
Contract to make payments of general receipted accounts for such items as stationery, stores,
furniture and equipment, claims and allowances for supervision personnel and any miscellaneous
claims or the Engineer may direct the Contractor to purchase or pay for the above. The Contractor
will, on provision of receipts, be paid under appropriate bill items in the BoQ.
The Contractor, when instructed, shall provide and install at the Engineer’s office the furniture,
equipment and stationary specified in the Bill of Quantities with a
dealer’s certificate and warranty.
132
Computers, Equipment and Software for the Engineer’s Office

Prior to purchase of the printers, laptops, computers, UPS‟ and software, the
Contractor shall submit the specifications of the same to the Engineer for approval. The printers,
laptops, computers, UPS‟ and software shall revert to the Employer at the end of the Contract. The
Contractor shall be paid for these items under appropriate bill items in the BoQ.
Furniture and Equipment for the Engineer’s Office

All furniture and equipment for the Engineer’s office bought under the Contract shall revert to the
Employer at the end of the Contract. Payment for provision of the office including the furniture
shall be paid against the appropriate bill items in the BOQ.
132.5 ENGINEER’S LABORATORY AND SURVEY EQUIPMENT
The Contractor shall provide and maintain for the duration of the contract the Engineer’s
laboratory office as shown in the Book of Drawings. The Contractor is to provide all the furniture,
laboratory equipment and items as required by the Engineer. The Contractor shall be paid under
appropriate bill items in the Bills of Quantities or on provision of receipts as required by the
Engineer.
The laboratory office shall be sited adjacent to the Resident Engineer’s main office and shall revert
to the Employer at the end of the contract.
The office shall have piped potable water supply and a continuous electricity supply adequate for
lighting, heating and operating the laboratory equipment.
The laboratory shall have a height from floor to ceiling of not less than 2.75 metres and all rooms
shall be fitted with electric lighting and power points as instructed by the Engineer’s
Representative, and each door shall be fitted with a good quality mortise lock and provide with
two keys.
Soaking tanks for CBR specimens shall be provided. Concrete cube curing tanks of adequate size
shall also be provided at floor level in the laboratory. Both the CBR tanks and concrete cube
curing shall have drainage pipes built-in.
The following rooms and facilities shall be provided in the Laboratory:-Office
This room shall have a total floor area of not less than 14 square metres and a total window area of
not less than 2 square meters. The door and windows shall be fitted with fly screens covered with
mosquito gauze. The floor shall be of concrete with a float finish. The walls shall be lined and
ceiling provided.
A display board of soft board or similar approved material, with a minimum surface area of 3
square metres shall be provided and securely fixed to the wall.
Main Laboratory
This room shall have a total area of not less than 55 square meters and a total window area of not
less than 7 square metres. The external entrance shall be a double door and single doors shall be
provided for access to the adjacent offices. The external door and all windows shall be fitted with
fly screens covered with mosquito gauze.
The floor shall be of concrete and float finished. The room shall be fitted out as indicated by the
Engineer’s Representative with three rigidly constructed work benches each minimum 2 metres
long by 1 metre wide by 1 metre high and with top comprising either metal lined hard wood or
steel float finished concrete at least 75mm thick and suitably reinforced, with a sink minimum size
600mm long by 450mm wide by 300mm deep fitted with a tap and waste pipe. Wall shelves,
450mm in width and having a surface area of at least 6 square metres, shall be provided and
securely fitted.
133
Two display boards of soft board or similar approved material, each with minimum area of
3 square metres, shall be securely affixed to the walls as directed by the Engineer’s
Representative.
Store Rooms
These rooms having a total floor area of not less than 20 square metres shall be provided
adjacent to the main laboratory building in a position to be indicated by the Engineer’s
Representative.
Concrete Slab for Sample Drying
A reinforced concrete slab 100mm thick and of total area not less than 20 square metres
shall be provided adjacent to the main laboratory building in a position to be indicated by
the Engineer’s Representative. The slab shall have a smooth finish to the satisfaction of
the Engineer.
Furniture and Equipment for the Engineer’s Laboratory
The Contractor, when instructed, shall provide and install at the Engineer’s laboratory the
furniture and equipment specified in the Bill of Quantities with a dealer’s certificate and
warranty.
The contractor may be directed to pay for equipment or reagents that are foresaid and also
pay for servicing and repair of the laboratory equipment being used on the project.
The equipment shall be of approved manufacture, and shall be made available to the
Engineer for the Engineer’s exclusive use throughout the Contract, not later than three (3)
weeks after the Engineer’s order to supply. All equipment shall be ready to use and
complete to perform the tests. The equipment shall revert to the Employer on completion
of the Contract
Any delays to the Contractor or the Contractor’s activities caused by the Engineer being
unable to perform survey work, field or laboratory tests due to the contractor’s failure to
supply and/or maintain the said equipment shall be deemed to have been caused entirely
by the Contractors own actions, and any consequences of such delays shall be interpreted
as such.
The payment to comply with this requirement is provided in the Bill of Quantities and
ownership of all equipment shall revert to the Employer after the completion of the Works.
Failure by the Contractor to provide or maintain the equipment shall make him responsible
to bear all costs that may be incurred as a result of the Engineer’s staff using alternative
means of communication, including delays in supervision and approval of Works by the
Engineer.
Add the following:
Importation, Possession and use of Irradiating Devices
Where required, the Contractor shall provide a nuclear gauge for the Engineer’s
laboratory. He shall follow the procedures for the procurement and deployment of the
equipment in accordance with the Ministry of Medical Services Regulatory Process for
setting up a Radiation Facility and arrange to obtain the necessary licenses and permits, as
required by the Radiation Protection Board in compliance with the Radiation Act, Cap 243
of the Laws of Kenya. The Approval for importation
134
must be sought before the device is brought into the country. The storage facility shall be
approved by the Radiation Protection Board and the Ministry of Roads Materials and
Research Department.
Before handling the equipment, all staff to be deployed on the use of the gauge shall be
trained, assessed and approved by the Radiation Protection Board and the Ministry of
Roads Materials and Research Department. Exemptions shall be granted only to persons
with proof of previous training by the said institutions. They shall also undergo medical
examinations at a medical facility approved by the Board before deployment. The
Contractor shall arrange for purchase of radiation badges and monitoring radiation levels
every month by the Ministry of Medical Services or an Agent approved by the Radiation
Protection Board.
The cost of the medical examinations and monitoring radiation for the Engineer’s
laboratory staff shall be paid by the Contractor and reimbursed under the BOQ upon
production of the receipts. However, the Contractor shall include the cost of obtaining the
licenses, permits and annual renewal thereof, construction of the storage facility and the
transportation cage in his rate for provision of the equipment and no additional payment
shall be made in the Contract.
The gauge shall revert to the Contractor on completion of the Contract.
132.9 MOBILE PHONES FOR ENGINEER’S STAFF AND OFFICE
The Contractor shall, if so instructed by the Engineer provide, connect and maintain
mobile phones for the exclusive use by the Engineer and for the duration of the contract.
The Contractor shall provide air-time for these mobile phones as directed by the Engineer
and be reimbursed under appropriate items in the Bills of Quantities.
133 TIME FOR ERECTION OF THE ENGINEER’S OFFICE AND LABORATORY

As per Standard Specifications
135 MAINTENANCE OF THE ENGINEER’S STAFF HOUSES, OFFICES,

LABORATORIES, FURNITURE AND EQUIPMENT
In 1st paragraph, delete “until the end of the Period of Maintenance” and substitute “till
the issue of the Taking-over certificate for the whole of the Works, and if required for a
period thereafter until the Contractor has completed any outstanding work.”
Add the following at the end: -
135.1 PROVISION OF MAINTENANCE AND SECURITY
The Contractor shall maintain all furniture and equipment provided by him in a useable
state of repair and shall replace promptly any item that becomes unserviceable or is lost.
The Contractor shall provide cleaners, grounds men, and day and night watchmen for
housing camp and offices as directed or instructed by the Engineer on site, the cost of
which shall be included in the rates for providing houses, offices and laboratory.
135
137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF
The Contractor shall pay wages (including all overtime) and house all attendant staff to
fulfil the requirements of Clause 137 of the Standard Specification.
The payment referred to in this clause shall exclude the cost of maintaining the offices in
compliance with clause 137, paragraphs 1, 2 and 4 of the standard specifications which are
deemed to be included in the rates for providing the Office.
Add the following:
137.1 STAFF EMPLOYED AND PAID BY THE CONTRACTOR FOR ATTENDANCE

UPON THE ENGINEER
The Engineer may instruct employment of staff listed below by the Contractor for
attendance upon the Resident Engineer. The Contractor shall provide housing as described
under Clause 132 of this Specification and pay the salaries, allowances and benefits as
required by the applicable law and claim reimbursement under the BOQ. These shall be
subject to the statutory deductions, namely PAYE, NSSF and NHIF which the Contractor
shall remit to the relevant authorities every month with copy of each remittance being
submitted to the Engineer for his records.
(a) 2 No. Engineers
(b) 2 № Inspector of Works
(c) 1 № Materials Technologist
(d) 2 № Survey Assistant
(e) 1 № Secretary
(f) 2 № Office Assistant
(g) 4 № Laboratory Technician
(f) 6 № Chainmen
(g) 6 № General Laboratory Attendants
The Engineer shall interview, select and recommend for employment all the positions
listed above. Upon employment, the Contractor shall provide each with an Employment
Contract in accordance with the Employment Act, 2007 or the latest amendment of the
Act, stating therein the conditions of employment. At the end of the Contract Period or
termination of services, whichever comes earlier, each employee shall be issued with a
Certificate of Service as provided for in the foregoing Act. Use of documents drafted by
the Engineer shall not relieve the Contractor of his duties and obligations under this
Clause.
138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD
OF PAYMENT
The Contractor shall when instructed to do so provide and maintain in good working
condition for the exclusive use of the Engineer and his staff throughout the contract, brand
new vehicles, right hand drive, diesel powered and fitted with air-conditioner, CD/mp3
music player, SRS Air bags, power windows, central locking, alarm system, alloy wheels
and power steering as described below.
136
2 № Type 1 new turbo charged diesel propelled 4WD 5 door 7 Seater utility Station
Wagon Vehicles of minimum engine capacity 3000cc fitted with fog lights, side step, 17 x
7.5” alloy wheels, DVD changer, back guide monitor, front parking sensors, 12 speaker
audio system, rear wiper, passenger and Driver’s knee and side air bag system, shield
airbags, active head rest, head lamp cleaning system, 3-Zone climate control air
conditioning, smart entry
& start, audio input with USB & iPod control, full spare wheel & cover, towing capacity
2500kg braked, roof rails, rear view camera, ABS, leather premium seats & door trim,
door mirror with turn lamp, and Auto free hubs for the exclusive use of the Engineer. The
mileage of the vehicle MUST be less than 1000km.
& 6 № Type 2 new turbo charged diesel engine 4-wheel drive double cabin pickup
vehicles of minimum engine capacity 3000cc fitted with all the necessities mentioned in
paragraph one of this clause for the exclusive use of the Engineer. The mileage of the
vehicle MUST be less than 1000km.
& 2 № Type 3 new diesel engine single cabin pick-up vehicles with a closed hardtop
canopy fitted with bench seats of minimum engine capacity 2800cc fitted with all the
necessities mentioned in paragraph one of this clause for the exclusive use of the Engineer.
The mileage of the vehicle MUST be less than 1000km.
The Contractor shall insure comprehensively the vehicles for any licensed drivers and
shall provide competent drivers during normal working hours and whenever required by
the Engineer including recognized days of rest.
Should any vehicle supplied not be in road worthy condition, the Contractor shall provide
an acceptable equivalent replacement vehicle until such time as the original vehicle is
repaired to the satisfaction of the Engineer and returned for use.
Payment for the vehicles (up to 4,000Km per veh.month), shall be by vehicle months.
Payment for mileage above 4,000Km per vehicle month, shall be made at a rate per
Kilometre. These payments shall be inclusive of all fuels, lubricants, servicing, insurance,
maintenance, drivers and repairs. The rate shall include any overtime the drivers might be
due or any other allowances in addition to the normal working hours. Payment shall be
made under appropriate items in the Bills of Quantities.
The vehicles shall revert to the Contractor at the end of the contract.
139 RECEIPTED ACCOUNTS
The Contractor may be instructed by the Engineer to make payments of general

miscellaneous accounts for such items as stationary, stores and equipment and
miscellaneous supervision personnel and claims or the Engineer may direct the Contractor
to purchase or pay for the above. The Contractor will be paid on a prime cost basis plus a
percentage for overheads and profits under appropriate items in the Bills of Quantities.
137
140 PAYMENT OF OVERTIME FOR ENGINEER’S JUNIOR STAFF
In the last line delete the words “shall be at the Contractor’s expense” and substitute with
“including the approved percentage for administrative overheads shall be paid by the
Contractor to the Engineer”.
If the Contractor wishes to execute permanent works outside the Engineer’s normal
working hours as stated in Clause 45.1 of the Conditions of Contract, then the payment for
overtime for the Engineer’s junior staff shall be reimbursed in full by the Contractor to the
Engineer plus a 20 percent additional amount to cover for the
Engineer’s administrative overheads.
For purposes of this clause, In addition to the support staff provided by the contractor, the
following shall also constitute part of the Engineer’s Junior Staff:
(a) 2 № Inspector of Works
(b) 1 № Materials Technologist
(c) 2 № Survey Assistant
(d) 1 № Secretary
(e) 2 № Office Assistant
(f) 4 № Laboratory Technician
(f) 6 № Chainmen
(g) 6 № General Laboratory Attendants
If the Contractor wishes to execute the works on regular basis outside the Engineer’s
normal working hours, over a prolonged period, the Engineer may, if he
deems it necessary, employ additional supervisory staff for which the required salaries,
plus twenty (20%) percent additional amount to cover for the Engineer’s administrative
overheads shall be reimbursed in full by the Contractor to the Engineer. In addition, the
Contractor shall provide the required accommodation for such staff at his own cost. The
Contractor shall not be reimbursed any of these costs.
141 MEASUREMENT AND PAYMENT
Delete Sub-clause 141 (a) entirely and substitute with:-

No Preliminary item has been included in this Contract. All Contractor’s mobilization and
general costs shall therefore be included in relevant rates in the Bill of Quantities.
Delete Sub-clause 141 (m) entirely
Add the following clauses:
142 ENVIRONMENTAL PROTECTION
Further to the requirements of Clause 19.1 of the Conditions of Contract, the Contractor
shall be responsible for the following measures to protect the environment:
(g) Compliance with national and local statutes and regulations relating to protection of the
environment. The Contractor will be responsible for
138
familiarizing himself with all existing national and local legislation in this regard.
2. All construction activities shall be carried out using the best possible means to reduce
environmental pollution such as noise, dust and smoke. All vehicles and plant shall be regularly
serviced in accordance with the manufacturer’s recommendations to ensure that they operate
efficiently and without excessive noxious emissions. The Engineer will have the authority to
instruct the Contractor to temporarily cease operations and/or remove from the site vehicles or
plant which do not comply with this requirement, until such time that he is satisfied that best
practicable means to reduce environmental pollution to a minimum are being used.
3. The Contractor shall at all times maintain all sites under his control in a clean and tidy
condition and shall provide appropriate and adequate facilities for the temporary storage of all
waste prior to proper approved disposal.
4. The Contractor shall be responsible for the safe transportation and disposal of all waste
generated as a result of his activities in such a manner as will not give rise to environmental
pollution in any form, or hazard to human or animal health. In the event of any third party being
employed to dispose of waste, the Contractor shall be considered to have discharged his
responsibilities under this clause from the time at which waste leaves sites under his control,
providing that he has satisfied himself that the proposed transportation and disposal arrangements
are such as will not give rise to pollution or health hazard.
5. The Contractor shall be responsible for the provision of adequate sanitary facilities for his
workforce, and that of his sub-contractors, at all construction and ancillary sites. The Contractor
shall not allow the discharge of any untreated sanitary waste to groundwater or any surface
watercourse.
6. Prior to the mobilization of the workforce the Contractor shall provide details of proposed
sanitary arrangements to the Engineer for approval, such as will allow him to assess whether or not
the proposed facilities are adequate and are unlikely to pollute water resources, and also that the
facilities will be properly operated and maintained.
7. All concrete and asphalt plants shall be operated and maintained in accordance with the
original manufacturer’s specifications and manuals, and in such a manner as to minimize
emissions of hydrocarbons and particulates. If, in the opinion of the Engineer, the operation of
such plant is causing, or is likely to cause nuisance or health problems to site staff or the general
public, the Contractor shall carry out such work as is necessary to reduce emissions to an
acceptable level within a time-scale agreed with the Engineer.
8. The Contractor shall regularly dowse with water all exposed dirt surfaces to reduce dust
levels.
9. The Contractor shall take all reasonable measures, at all sites under his control, to prevent
spillage and leakage of materials likely to cause pollution of water resources. Such measures shall
include, but not be limited to the provision of bunds around fuel, oil and bitumen storage facilities,
and provision of oil and grease traps for servicing and fuelling areas. Prior to construction of such
facilities, the Contractor shall submit details of pollution prevention measures to the Engineer for
his approval.
139
10. The Contractor shall be responsible for ensuring that exposed surfaces are re-vegetated as
construction progresses, all to the satisfaction of the Engineer.
11. The removal of trees shall be kept to the minimum necessary to accommodate the Permanent
Works.
12. Prior to the removal of any trees the Contractor shall inform the Engineer of the intended
operation and obtain the permission of the Engineer for the removal of the trees. If any tree is
removed without permission the Contractor shall replant another approved tree at no additional
cost to the Employer.
13. The Contractor shall ensure that fires, except for controlled fires for burning rubbish, do not
start within the Site or in the environs thereto as a result of the works or from the actions of his
employees. The burning of waste, such as vehicle tyres causing noxious emissions is prohibited.
The Contractor shall have available at all times trained fire-fighting personnel provided with
adequate fire-fighting equipment to deal with all fires. The Contractor shall additionally at all
times provide sufficient fire protection and fighting equipment local to parts of the Works which
constitute particular fire hazards.
14. The contractor shall as instructed by the Engineer carry out off – road mitigation measures to
the approval and satisfaction of the Engineer and to the required standards. The contractor shall
obtain Environmental mitigation license for the same and also comply with Environmental
Management Coordination Act (EMCA) 1999, and Environmental Impact Assessment (EIA) and
Environmental Audit (EA) Regulations 2003.
No separate payment shall be made in respect of this Clause 142 and the Contractor shall be
deemed to have allowed in his general rates and prices for the cost of complying with the
requirements of this Clauses.
144 COPIES OF ORDERS AND REQUISITIONS
The Contractor shall provide the Engineer with copies of all orders for supply of materials and
goods required in connection with the works as the Engineer may require.
145 SHORTAGE OF BITUMEN AND OTHER MATERIALS
The Contractor shall make provisions for obtaining bitumen and other materials required for the
Contract if they are not available locally. In particular, the Employer shall not be liable for any
additional costs due to local lack of bitumen or any other materials.
146 OFF ROAD ENVIRONMENTAL MEASURES
In addition to the provisions of Clause 142 above and all other requirements of the Conditions of
Contract, Standard and Special Specifications, the Employer and the National Environmental
Management Authority (NEMA) may order certain environmental measures to be carried out which
are off the road and not specifically covered under these provisions. The Contractor shall carry out
such works with equipment, labor and plant provided under the Contract or shall make such
arrangements for specialized works to be carried out by a specialized Subcontractor.
140
The Contractor shall be paid for all direct expenses under a provisional Sum in the Bill of
Quantities and a percentage (%) for his handling costs and profits.
148 STAFF TRAINING
The Contractor shall allow for training of engineers, technicians and other support staff as
may be instructed by the Engineer.
The payment of the allowances of such staff shall be made as instructed by the Engineer
under the relevant item of the Bills of Quantities.
141
SECTION 2 - MATERIALS AND TESTING OF MATERIALS

All materials testing shall be in accordance with Section 2 of the Standard Specifications.
142
SECTION 3 – SETTING OUT & TOLERANCES

301 SETTING OUT
(a) In addition to the provisions of clause 3.01(a) if the traverse points to be used for the
setting out are close to the existing carriageway and interfere with construction works then the
Contractor will have to relocate them to a location where they will not be disturbed. The co-
ordinates and heights of all traverse points so located shall be listed and provided to the Engineer
for checking and/or approval. Contractor shall also monument the new centerline every 200m
along straight and all salient points along curves by a pin in the concrete beacon before
commencement of any works.
The road reserve boundary posts shall have 12mm diameter steel pins embedded in
concrete, 200mm long with 25mm exposed to the air, sticking out form its top surface.
This pin shall be coordinated and heighted and result of the same shall be provided to the
Engineer for approval. Cost of these works shall be included in the rates as no separate
item has been provided.
Commencement of the works shall not be permitted until this basic survey data has been
provided and approved by the Engineer for at least 5 Kms of the road.
(b) Detailed Setting Out

Reference pegs shall be 50mm by 50mm in section 600mm long driven 400mm firmly into
ground and painted white above the ground. The offset from center line shall be indicated
by small nail 20mm to 25mm long with its head driven flush with the top of the peg.
Chainages, offset and reference elevation shall be clearly indicated to the sides of the peg
to the satisfaction of the Engineer.
After cutting of benches and prior to commencement of earthworks or subgrade works,
Contractor shall take cross-sections again and submit the copy of the same to Engineer for
agreement. These cross-sections shall then be used as basis of measurement for all
subsequent layers, unless otherwise stated.
302 TOLERANCES
Add the following:

(e) Pavement Widths
For Pavement widths for subbase, base and wearing course, the allowable tolerances shall
be 0 to +50 mm.
(f) Pipe Culverts
The maximum deviation from the specified line of a drainage pipe shall be:
Horizontal - 25mm in 3.0 m
Vertical - 30 mm in 10.0 m
143
SECTION 4 - SITE CLEARANCE AND TOP SOIL STRIPPING

401 SITE CLEARANCE
Site Clearance shall be carried out as directed by the Engineer.

Add the following as the last paragraph in Sub-clause (a):
Site clearance is not required over the graveled width of existing road and shoulders. No
measurement and payment for site clearance will be made for this width. The remaining
area within the road reserve including sides of existing embankments and cuttings shall be
cleared as instructed by the Engineer. This operation shall also include the removal of all
trees, except for some trees as directed by the Engineer. The Contractor shall provide paint
and all the assistance the Engineer may require to mark the trees which should not be
removed during site clearance.
The Contractor shall take care not to uproot or damage trees which are within the road
reserve but outside the construction width. After the Contractor has staked out the extent
of the road, the Engineer, with the assistance of the Contractor, shall mark out the trees to
be removed. After removal, the trunks and branches of these trees shall be cut up into
pieces not more than 2.0m in length, transported and neatly stored at the nearest KeNHA
Regional Offices or otherwise in a position to be indicated by the Engineer. No additional
payment shall be made for complying with this requirements and it is deemed the
Contractor will have included its cost in the rates for site clearance.
402 REMOVAL OF TOPSOIL
Topsoil shall include up to 200mm depth of any unsuitable material encountered in

existing or newly constructed drains, drainage channels, and accesses.
Topsoil removal is not required over the graveled width of existing road and shoulders. No
measurement and payment for topsoil will be made for this width. The remaining area
within the construction corridor including sides of existing embankments and cuttings
shall be top soiled as instructed by the Engineer.
403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS
When instructed by the Engineer, the Contractor shall demolish or remove any structure.
Measurement for the works shall be done on dayworks basis and payments made under the
appropriate item in the Bills of Quantities.
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SECTION 5 - EARTHWORKS
504 PREPARATION PRIOR TO FORMING EMBANKMENT
In cuttings, the contractor shall excavate to a level that would accommodate the 450mm
subgrade and the existing ground below this MUST be processed and compacted in
accordance with clause 504 of the standard specifications.
505 CONSTRUCTION OF EMBANKMENTS
Only material approved by the Engineer shall be used for fill in embankments.
Material with high swelling characteristics or high organic matter content and any other
undesirable material shall not be used, unless specifically directed by the Engineer.
Unsuitable material shall include:
(i) All material with CBR Values of less than 2%
(ii) All material containing more than 5% by weight of organic matter (such as topsoil,
material from swamps, mud, logs, stumps and other perishable material)
(iii) All material with a swell of more than 3% (such as black cotton soil)
(iv) All clay of plasticity index exceeding 50.
(v) All material having moisture content greater than 105% of optimum moisture content
(Standard Compaction)
Subgrade
Subgrade shall be provided for as part of earthworks operation either in situ or in fill and
payment shall be made as “fill in soft material”.
The existing gravel base material together with imported material shall be processed in
layers of 150mm thick, to form 300mm thick new improved sub grade on the existing road
formation. In widening and shoulders on new alignment, the sub grade shall be newly
constructed to 450 mm thick.
The material for subgrade shall have a minimum CBR of 14% measured after a 4- day
soak in a laboratory mix compacted to a dry density of 100% MDD (AASHTO T99) and a
swell of less than 1%. Where the in situ material does not meet this criterion, it shall be
excavated and cut to spoil to a depth that can accommodate the new required thickness of
improved subgrade.
No extra payment will be made for haulage of suitable material from borrow pits as the
overhaul costs shall be deemed to have been factored in the rates inserted in the Bills of
Quantities
508 COMPACTION OF EARTHWORKS
At pipe culverts, all fill above ground level around the culverts shall be compacted to
density of 100% MDD (AASHTO T99) up to the level of the top of the pipes or top of the
surround(s), if any and for a width equal to the internal diameter of the pipe on either side
of the pipe(s) or surround(s) as applicable.
At locations adjacent to structures (up to 100m away from structure), all fill above ground
level up to the underside of the subgrade shall be compacted to density of 105% MDD
(AASHTO T99). In case of fill around box culverts this should be carried
145
out for the full width of the fill and for a length bounded by the vertical plane passing
through the ends of the wing walls.
Notwithstanding the provision of clause 503 of the standard Specification, Compaction of
subgrade material (i.e. material immediately below formation) in cut areas shall not be
carried out by the contractor in areas where the formation is formed in hard material,
unless specific instructions to the contrary are issued by the Engineer.
Where improved sub-grade material shall be required, the material shall have a CBR
greater than 14% and this shall be compacted and finished to the same standards and
tolerances as those required for normal subgrade and clauses in the specifications applying
to normal subgrade shall also apply.
509 MASS-HAUL DIAGRAM
Delete Clause 509 entirely and substitute “No Mass-Haul diagram has been provided with
the Documents. The Contractor shall be responsible for locating suitable materials for
constructing earthworks along the alignment and elsewhere and shall include in his rates
for fill, spoil and for the cost of haulage”.
511 BORROW PITS
The first part of the Standard Specification is amended as follows:

Fill material which is required in addition to that provided by excavation shall be obtained
from borrow pits to be located and provided by the Contractor but to the approval of the
Engineer contrary to what has been stated.
515 SIDE DRAINS
Whenever excavation works in side drains constitutes a separate operation from the bulk
earthworks, such excavation shall be classified as catchwater drains under Section 8 of the
Specifications
Notwithstanding the provisions of clause 517 of the standard specifications, the rate for
compaction of fill in soft material shall allow for the requirements of clause 508 of the
special specification and no extra payment shall be made for compaction around pipe
culverts (100% MDD AASHTO T99).
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SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL

AREAS
601 GENERAL
Notwithstanding any indications to the contrary in the Standard specification the Engineer
will not make available to the Contractor any land for quarries, borrow pits, stockpiles and
spoil areas, except for those areas in road reserves specifically approved by him.
The contractor will be entirely responsible for locating suitable sources of materials
complying with the Standard and Special Specifications, and for the procurement, Wining,
haulage to site of these materials and all costs involved therein. Similarly the contractor
will be responsible for the provision and costs involved in providing suitable areas for
stockpiling materials and spoil dumps. Should there be suitable sites for spoil dumps or
stockpiles within the road reserve forming the site of the works the Contractor may utilize
these subject to the approval of the Engineer.
No additional payment will be made to the Contractor to cover costs arising from the
requirements for this Clause and the Contractor must include these costs in the rates
inserted into the Bills of Quantities.
147
SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES
703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES
Unless otherwise instructed by the Engineer, all excavated surfaces in material other than
hard material, on which foundations for structures shall be placed, shall be compacted to
100% MDD (AASHTO T99) immediately before structures are constructed.
Paragraph 4, last line: - Replace "95%" with "100%".
707 BACKFILLING FOR STRUCTURES
Unless otherwise instructed by the Engineer, all backfilling material shall be compacted to
a minimum of 100% MDD (AASHTO T99).
709 EXCAVATIONS FOR RIVER TRAINING AND NEW WATER COURSES
Payments for river training and establishment of new watercourses shall only be made
where such work constitute permanent works. Works done for road diversion or other
temporary works shall not qualify for payment.
710 STONE PITCHING
Stone pitching to embankments and around structures shall consist of sound unweathered
rock approved by the Engineer. The stone as dressed shall be roughly cubical in shape
with minimum dimensions of 150 x 150mm for normal thickness of stone pitching.
Cement mortar Grouting will be done for all stone pitching areas and the top line of the
stone pitching should be grouted/sealed with concrete class 15/20. The cement shall be
mixed with sand in the ratio of 1:3 by volume to form the grout.
The surface to receive the pitching shall be compacted and trimmed to slope and the stone
laid, interlocked and rammed into the material to give an even finished surface. Soil
erosion is rampant along the project location and this can be minimized by ensuring that
proper protection works is carried out along the drains using stone pitching. Most of the
sections shall be stone pitched especially areas where we have steep slopes to minimize
undermining of the road by rain water or as may be instructed by the Engineer.
In areas where stone pitching has been damaged, the Contractor shall identify such areas
and notify the Engineer for his agreement of the extent of the Works required and his
approval and instructions to proceed with the Works. Stone Pitching Repair and
reconstruction shall be carried out in accordance with Clause 710 of the Standard
Specifications.
712 RIP-RAP
Quarry waste or similar approved material shall be used to backfill scoured and eroded
side, outfall and cut-off drain. The material shall be compacted to form a flat or curved
surface preparatory to stone pitching of drainage channels, existing and new scour checks
as directed by the Engineer.
The surface to receive the pitching shall be compacted and trimmed to slope and the stone
hand laid, interlocked and rammed into the material to give an even finished surface. The
interstices of the Pitching shall be rammed with insitu
148
material. The insitu material immediately behind the pitching shall be compacted to
minimum density of 100% MDD compaction (AASHTO T99)
Add the following clause
714 BACKFILL BELOW STRUCTURES
Where instructed this shall be carried out in compliance with the requirements of Clause
507 and 804 of the Standard Specification.
SECTION 8 - CULVERTS AND DRAINAGE WORKS

All concrete works for culverts and other drainage structures shall be done in
accordance with section 17 of the specifications.
804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS
In the Standard Specifications, make the following amendments: -

(a) In paragraph 6, line 3, and in paragraph 7, line 5 and in paragraph 11, line 6, delete
"95%" and insert "100%".
(b) Removal of Existing Pipe Culverts
Where instructed by the Engineer, the Contractor shall excavate and remove all existing
blocked or collapsed culvert pipes of 450mm, 600mm and 900mm diameter including
concrete surround, bedding, inlet and outlet structures.
The void left after removal of culvert pipes shall be widened as necessary to accommodate
new concrete bedding, pipe and haunching.
The payment of this work shall be per linear metre of pipes removed. The void left by
removal of these pipes shall be carefully preserved in order to accommodate replacement
600mm or 900mm diameter pipe culverts as shall be directed by the Engineer.
(c) Removal of Other Existing Drainage Structures
When instructed by the Engineer, the Contractor shall demolish or remove any other
structure and payment for this shall be made on day work basis.
(d) Excavation for Culverts and Drainage Works
The Contractor shall carry out all excavations for new culverts and drainage works to the
lines, levels, inclinations, and dimensions shown on the drawings or as instructed by the
Engineer.
805 EXCAVATION IN HARD MATERIAL
In the Standard Specifications, Sub-clauses 805(a) and 805 (b) delete "95%" and insert
"100%".
In sub-clause 809(a), paragraph 1, line 1, substitute "95%" with "100%".
In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and
shaped" insert the words "to 100% MDD (AASHTO T99)".
149
Hard material is material that can be excavated only after blasting with explosives or
boring and wedging or the use of a mechanical breaker fitted with a rock point in good
condition and operated correctly. Boulders of more than 0.2m3 occurring in soft material
shall be classified as hard material.
809 BEDDING AND LAYING OF PIPE CULVERTS
Concrete pipes shall be laid on a 150mm thick concrete bed of class 15/20 and the pipes
shall be bedded on 1:3 cement: sand mortar at least 50mm thick, 150mm wide and
extending the full length of the barrel.
The rates inserted shall allow for compaction of the bottom of excavation to 100% MDD
(AASHTO T99).
150
In addition to the requirements of the Standard Specification, where inflatable balloon method of
casting culverts in-situ is used, it is essential that thorough pre-construction trials are carried out
and necessary adjustments made to ensure that:-
(a) All concrete used for surround and bedding shall be Class 25/20.
(b) The inner concrete barrel surface immediately in contact with the inflated balloon
form during placing shall achieve Class F3 finish.
(c) The overall concrete thickness shall be the total of the standard precast concrete pipe
thickness and the surround thickness as per the standard drawings.
Payments for the bedding, pipe culvert and surround shall be made as specified in the
standard specifications. No additional payments shall be made for complying with these
requirements where the balloon method is adopted.
810 JOINTING CONCRETE PIPES
The concrete pipes for the culverts shall have ogee joints and will be jointed by 1:2
cement: sand mortar and provided with fillets on the outside as described in clause 810 of
the Standard Specification.
812 BACKFILLING OVER PIPE CULVERTS
In the Standard Specifications, clause 812

1. Delete paragraph 6 “for pipe culverts …… depth of 150mm”, entirely.
2. Wherever the expression "dry density of 95% MDD (AASHTO T99)" occurs delete
and replace with "dry density of 100% MDD (AASHTO T99)".
The rates entered for laying of pipe culverts shall allow for backfilling to pipe culverts and
compacting to 100% MDD (AASHTO T99) and these works shall not be measured and
paid for separately.
814 SUBSOIL DRAINS
Add the following:

In the event of excavation for repairs exposing local seepage, springs or unacceptably high
water table, the Engineer may instruct the provision of counter fort or French drains.
These drains shall consist of a trench excavated to the alignment, width, depth and
gradient instructed by the Engineer, and backfilled with approved compacted clean hard
crushed rock material as specified in clause 815 of the standard specification. Where these
drains lie within the carriageway the carriageway shall be constructed only after the
subsoil drain has been completed and approved by the Engineer
818 FILTER FABRIC TO SUBSOIL DRAINS
Where filter fabric is specified, it shall be durable non-woven geotextiles or synthetic

fibers, unaffected by soil acidity or alkalinity and bacteria. The fabric shall be made by an
approved, reputable manufacturer and shall have a mass not less than 280g/m2
A filter fabric shall be placed under, around and over rock fill of the subsoil drains. The
provisions and placing of the fabric shall be in accordance with manufacturer’s
151
Instructions and complying with Clause 804 and 814 of the Standard Specification.
Payment shall be in metre square of the fabric used.
No mechanical plant shall traffic over the filter fabric unless a minimum thickness of
200mm of fill material has been placed over the fabric.
818 SCOUR CHECKS
Scour checks are to be constructed in mass concrete in accordance with clause 818 of the
standard Specifications and the drawings as shall be provided.
Add the following clauses:
821 PEDESTRIAN SLABS OVER OPEN DRAINS
Pedestrian slabs shall be 3.0m long x 1.5m wide x 150mm thick concrete class 25/20,
reinforced on the bottom face with 12mm Diameter high yield deformed steel bars to form
a mesh with 200mm centers in both directions. They shall be mortar bedded on a 300mm x
300mm stone masonry plinth extending for the width of the slab. Measurement and
payment shall be by the number installed and the rate shall include for all preparations,
supply of all materials (concrete, steel, formwork, etc.), transporting and placing the slab
and construction of the masonry plinth. No separate payments will be made for any other
item related to the construction of the pedestrian crossing.
822 INVERT BLOCK DRAINS
Invert Block Drains shall be constructed as shown in the drawings provided in accordance
with the Standard Specifications where directed by the Engineer.
152
SECTION 11: SHOULDERS TO PAVEMENT AND FOOTPATHS

Add the following to this section:
1107 FOOTPATHS
Where shown on the drawings or instructed by the Engineer, footpaths shall be

constructed. The footpaths shall be constructed using 50mm thick Super Pave Type
Asphalt Concrete as specified in section 16 of this Standard Specifications laid on 150mm
thick compacted natural gravel base. The line of the footpaths shall be as shown on the
drawings or as directed by the Engineer.
1102 SURFACING FOR FOOTPATHS AND OTHER PAVED AREAS
Surfacing shall be laid true to level and cross fall as shown on the drawing or instructed by
the Engineer.
Payment for the Asphalt Concrete shall be made in accordance with provisions of Bill 16
of this Standard Specifications.
153
SECTION 12 - NATURAL MATERIAL SUBBASE AND BASE
1203 MATERIAL REQUIREMENTS

Natural materials for base and subbase shall conform to the specifications given in section 12
of the standard specifications for cement or lime improved base and subbase.
Natural material for subbase and base shall be measured by the cubic metre placed and
compacted upon the road calculated as the product of the compacted sectional area laid and the
length.
The method of measurement shall be “method - a” as in the standard specifications.
No extra payment will be made for haulage of gravel material as the overhaul costs shall be
deemed to have been factored in the rates inserted in the bills of quantities
154
SECTION13: GRADED CRUSHED STONE SUBBASE AND BASE
1303 MATERIAL REQUIRMENTS
The material for Graded Crushed Stone base shall comply with requirements for stone
class B 0/40 for Base. After compaction and compliance with the requirements of clause
1401 of this specification below, the sub base/base graded crushed stone material shall
have a maximum of 8% of particles smaller than 0.75mm and the resultant layer shall
comply with all requirements of section 13 of the standard specification. The crushing
ratio for all graded crushed stone pavement material shall be minimum 100%.
The GCS material shall be improved with 2% cement for bonding and permeability
purposes.
1306 LAYING AND COMPACTING GRADED CRSUHED STONE SUBBASE AND BASE
Add the following to this section:

Graded crushed stone shall be laid by a paving machine.
155
SECTION 14 - CEMENT TREATED MATERIALS

Cement improved material shall be used to form the sub base layer.
1401 CEMENT TREATMENT
a) Cement
Cement for stabilization will be Ordinary Portland Cement to KS1725: 2001 CEM 1
42.5N and clause 207 of the Standard Specifications. The cement content of the treated
material shall be as indicated by the Engineer. The Engineer shall exercise his discretion
to any variation in the rate of application of the cement, which he may see fit to order
from time to time.
b) Moisture content
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 95% to 105% of the Optimum Moisture Content
(AASHTO T180).
c) Mixing and Placing
An approved mixing plant (pulvi-mixer) shall mix the material to be treated and the
cement.
1402 PROTECTION AND CURING
Protection and curing shall be carried out in accordance with the provisions of Clause
1409(i) of the Standard Specification but provision shall be made to wet the surface from
time to time as directed by the Engineer.
d) Stabilizer
The provision of the stabilizer shall be measured by the tonne calculated as the specific
weight of stabilizer added to the material.
e) Mix-in stabilizer
Mixing stabilizer into the material shall be measured by the cubic metre of treated
material calculated as the product of the compacted sectional area treated and the length.
156
SECTION 15 - BITUMINOUS SURFACE TREATMENTS

PART A - GENERAL
1501A GENERAL
Details of the spray rates for bitumen and the spread rates for chippings will be directed
by the Engineer but the under listed is anticipated and can be used for guidance purpose
i.e.
a) Chippings
10/14mm size pre-coated chippings at a spread rate of 90-110 square meters per cubic
meter as seal.
b) Bitumen Spray Rates
1.1 – 1.3 l/m2 for the first seal
The Average Least Dimension (ALD) shall be determined in the field after crushing the
rock for chippings and then determine the actual spray rates and chipping spread rates
PART B - PRIME COAT AND TACK COAT
1502B MATERIALS FOR PRIME COAT
For prime coat, the binder shall be a medium-curing cut-back MC3O unless otherwise
instructed by the Engineer. This shall be applied over granular surface to receive any
bituminous layer.
The rate of spray of bituminous prime coat refers to the gross volume of the cutback
bitumen, that is to say the volume of the bitumen plus dilutants.
The rates of spray of the prime coat shall be as instructed by the Engineer and shall
generally be within the range 1.0-1.2 litres/square metre.
The tack coat shall consist of bitumen emulsion K1-60 unless otherwise directed by the
Engineer.
The rates of spray of the tack coat shall be as instructed by the Engineer and shall
generally be within the range 0.3-0.8 litres/square metre.
PART C – SURFACE DRESSING
1502C MATERIALS FOR SURFACE DRESSING
Binder
The bituminous binder shall be 80/100 penetration grade bitumen in accordance with
prevailing road temperatures, and conforming to Clause 211 of the Standard
Specifications. The amount of cutter shall generally be in the range of 2-8%. No kerosene
shall be used as a cutter.
157
Chippings
Chippings shall be of class 2 material and shall comply in all respects with Clause 1502C
of the Standard Specification. The contractor’s attention is drawn to the requirements of
Clause 1502C and 1504C of the Standard Specification with regard to cleanliness and
dust content of chippings for surface dressing. Should it prove
necessary in the Engineer’s opinion to wash chippings, no extra payment will be made to
the contractor for this operation
1503C SPRAY AND SPREAD RATES OF BITUMEN AND CHIPPINGS
Spray and Spread Rates for bitumen and chippings cannot be calculated until samples of
the chippings to be used are available for test.
After submission of samples and completion of laboratory tests on chippings and binder,
the contractor shall in the presence of the Engineer and the Chief Materials Engineer or
representatives, lay trial sections of seal at various rates of spray and spread as directed
by the Engineer and in accordance with clause 1503C of the Standard Specification.
Should any change occur in nature of source of chippings or bitumen, the contractor shall
advice the Engineer accordingly who will then decide if any revisions are required to the
spray and spread rates.
If any changes are required, the Contractor shall carry out further trials as instructed by
the Engineer.
Payment for binder and chippings will be based on the instructed spray and spread rates
used which may not necessarily be those specified. The Engineer will specify the spray
rates of bitumen as residual bitumen per square meter. Actual spray rates used by the
Contractor must be adjusted to compensate for any cutter added.
1505C PRE-COATED CHIPPINGS
Chippings utilized for surface dressing works under this contract shall be pre-coated in
accordance with clause 1505C of the Standard Specification. The binder used for pre-
coating chippings shall be MC 30 cut-back bitumen.
The amount of bituminous binder used to pre-coat chippings will be as instructed by the
Engineer and will normally be between 0.4% and 1.0% residual bitumen as percentage of
the total dry weight.
Prior to laying any pre-coated chippings the Contractor shall prepare trial mixes of
bitumen and chippings in the presence of the Engineer. After completion of trial mixes
the Engineer shall issue written instructions to the Contractor indicating the amount of
binder to be added in pre-coated chippings. The Contractor shall maintain this proportion
unless the surface or nature of the chippings changes when the Contractor shall repeat the
trials and the Engineer will issue revised instruction.
No separate payments shall be made for the precoating exercise. The contractor shall
have included in his rates the cost of complying with this clause.
158
1509C AFTERCARE AND CONTROL OF TRAFFIC
The surface dressing shall not be trafficked for at least seven days. Where the surface
dressing is to be applied to new asphalt concrete surfacing, a minimum period of 28 days
shall elapse before commencing the surface dressing works.
1511C MEASUREMENT AND PAYMENT
(a) Seal coat

Seal coats shall be measured by the litre, for each type of bituminous binder for each seal
coat, calculated as the product of the area in square metres sprayed and the rate of
application in litres/square metres, corrected to 15.6 o C.
(b) Pre-coated Chippings
Chippings shall be measured by the cubic metre of each nominal size for each class
calculated as the product of the area in square metres covered and the reciprocal of the
instructed rate of application in square metres/cubic metre or the actual rate of application
in square metres/cubic metre whichever calculation gives the lower volume.
159
SECTION 16 - BITUMINOUS MIX BASES, BINDER COURSES AND

WEARING COURSES
All bituminous mixes shall be of super pave type, done in accordance with the standard
specifications in conjunction with Overseas Road Note 19.
Some modifications, to the Standard Specification, which takes into account aspects of
the Super pave Mix Design methods, have been made. This shall be in accordance with
the procedures presented in Overseas Road Note 19, „‟ A guide to the design of hot mix
asphalt in tropical and subtropical countries‟ and detailed in the current manuals
produced by the Asphalt Institute.
The contractor shall be deemed to possess a copy of these publications and shall provide
at least two copies of each on site, one for the Engineer and the other for the Contractor.
PART B- ASPHALT CONCRETE FOR SURFACING
1601B DEFINITION
The asphalt concrete shall be SHRP SUPERPAVE. The design of the hot mixes shall
be in accordance with the procedures detailed in overseas Road Note 19 (ORN19) “A
guide to the design of hot mix asphalt in tropical and sub topical countries” the
contractor shall be deemed to possess a copy of this publication and shall provide at
least two copies on site, one for the Engineer and the other for the Contractor. The
salient points of the publications, with reference to standard Specifications are
summarized below.
1602B MATERIALS FOR ASPHALT CONCRETE
Bitumen shall be 80/100 penetration grade, and shall meet the requirements of Table
4.3 in ORN 19 as summarised below:
Minimum requirements for penetration grade bitumen (ORN19 Table 4.3)
Test Penetration grade

method
Test (ASTM) 40/50 60/70 80/100
Based on original bitumen

Penetration at 250C D5 40-50 60-70 80-100
Softening point (oC) D 36 49-59 46-56 42-51
Flash point (oC) Min D 92 232 232 219
Solubility in trichloroethyleneMin D 2042 99 99 99
(%)
TFOT heating for 5h at 163 oC D1754

a. Loss by mass (%) Max - 0.5 0.5 0.8
b. Penetration (% of original) Min D 5 58 54 50
c. Ductility at 25oC Min D 113 - 50 75
(b) Aggregate
(i) In the standard specification rename Table 16B-1 as 16B-1(a)
Add the following:

160
The coarse aggregate shall be entirely crushed rock, from a source known to give high
values of stability (> 9kN) in the Marshall test. Aggregate shall be Class ‘a’ meeting
the requirements given in Table 16B-1b below.
Table 16B-1(b) Requirements for coarse aggregate (retained on 6.3-mm sieve)
Property Test Property

Cleanliness Sand equivalent for <4.75 mm fraction >40
(Material passing 0.425 sieve)
Plasticity index² <4
Linear shrinkage <2
Particle shape Flakiness index (FI)³ <25
Strength Aggregate Crushing value (ACV)⁴ <25
Aggregate impact value (AIV)⁴ <25
10% FACT (dry) KN⁴ >160
Los Angeles Abrasion (LAA)⁵ <30
Abrasion Aggregate Abrasion Value⁴ <12
Soundness⁷ Sodium Sulphate Soundness (SSS):
Coarse aggregate <10
Fine aggregate <16
Magnesium Sulphate Soundness (MSS):
Coarse aggregate <15
Fine aggregate <20
Polishing Polished Stone Value >60

Water absorption Water Absorption⁶ <2
Bitumen affinity Immersion Mechanical test: index of retained >75
Marshall stability ⁸
Static immersion test⁹ >95%coatig retained
>79% (at 75% VIM)
Retained indirect Tensile strength10
1. AASHTO 1176
2. British standard 1377: part 2
3. British standard 812: part 105
4. British standard 812: parts 110 to 114
5. ASTM C131 and C535
6. British standard812: part 2
7. AASHTO T104
8. D whiteoak (1990) (shell bitumen handbook)
9. AASHTO T182
10. AASHTO T283
Aggregate for bituminous mixes shall be stored in single sizes in separate bins or in
areas covered with tightly laid wood planks, sheet metal, hard compact gravel,
concrete or other hard and clean surfaces. The surfaces shall be self-draining, and in
such a manner that will preclude the inclusion of foreign material. Aggregates of
different grades and sizes and from different sources shall be stored in separate piles,
and if these piles are close together they shall be separated by bulkheads.
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Table 16B-1(c) Superpave aggregate consensus property requirements

Cumulative Fractured faces, Uncompacted Void Content
Sand
Equivalent Coarse Aggregate, of Fine Aggregate, Flat and
Equivalent,
Standard Percent Minimum Percent Minimum Elongated3,
Percent
Axles Depth from surface Depth from surface Percent
Minimum
(CESA)¹ in Maximum
≤100mm >100mm ≤100mm >100mm
Million
10 to <30 95/90 80/75 45 40 45 10
≥ 30 100/100 100/100 45 45 50 10
¹The anticipated project traffic level expected over a 20-year design period
²85/80 denotes that 85 percent of the coarse aggregate has one fractured face and 80 percent
has two or more fractured faces
3
Criterion based upon a 5:1 maximum to minimum ratio
1603B GRADING REQUIREMENTS
The grading mixture of coarse and fine aggregate shall meet the requirements given in
Table 16B-1(d) for a 19mm and 12.5mm nominal maximum size aggregate.
A gradation of 19mm and 12.5mm nominal maximum size aggregate shall be

used for the works
Table 16B-1(d) Superpave aggregate grading control point
Nominal MaximumSieve size Control point

Size (mm)
(mm) (%passing)
(Note 1 below)
Minimum Maximum
25 100 -
19 90 100
19.0 12.5 - 90
2.36 23 49
0.075 2 8
19 100 -
12.5 90 100
12.5 9.5 - 90
2.36 28 58
0.075 2 10
Note (1) - The definition of Nominal Maximum Size of aggregate is one sieve larger than the
first sieve to retain more than ten per cent of the aggregate. It is also recommended
that where possible the largest particle size should not be more than 25 mm so that the
requirements of the Marshall test can be complied with.
1604B REQUIREMENTS FOR ASPHALT CONCRETE
The mix design should be carried out using the Marshall and/or the Superpave test
procedures. The Engineer should instruct in writing if either or both of these methods
should be applied.
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The mix design specifications for the two methods are as follows:
(a) Marshall method
The mixture shall comply with the requirements given in Table 16B-2(a).
TABLE 16B-2(a) Requirements for Asphalt Concrete
Voids in
No. of blows Minimum Air voids Mineral
Asphalt Flow
Marshall Stability (VIM) Aggregate
concrete (mm)
compaction (kN) (%) (VMA)
(%)
19 751 9 2–4 3–6 Minimum 13
12.5 751 9 2–4 3–6 Minimum 14
Note 1: Satisfactory volumetric composition must be confirmed by refusal density testing
The nominal binder content shall be 5%. In addition to the requirements given in
Table 16B-2, the maximum Marshall Stability for 2x75 blows shall be 18 kN, and at
compaction to refusal shall retain a minimum of 3% VIM.
In order to determine the suitability of a coarse aggregate source, a Marshall test

programme shall be carried out. It will be advantageous to use a crushed rock which is
known from past experience to give good results in this test procedure and should
meet the requirements presented in Table 16B-1(b) and Table 16B-1(c). A grading
conforming to requirements detailed in Table 16B-1(d) and Table 16B-1(e) of this
Specification shall be used.
Having established the suitability of the aggregate source, several gradings satisfying
the requirements of Table 16B-1(d) and Table 16B-1(e) shall be tested in the
laboratory, including that used for the Marshall test, to establish relationships between
bitumen content and VIM at refusal density. For each mix, samples will be made up
to a range of bitumen contents and compacted to refusal using a vibratory hammer in
accordance with BS 598 (Part 104:1989) with the following revision:
“It should first be confirmed that compaction on one face of the sample gives the same
refusal density as when the compaction cycle is applied to both faces of the same
sample. The procedure which gives the highest result shall be used.”
From the bitumen content-VIM relationship a bitumen content which corresponds to a

VIM of 3% shall be identified. Compaction trials shall be undertaken, to confirm the
workability of the mix. At least two or more gradings will be required for compaction
trials. The compaction trials will identify a workable mix which can be made to a
bitumen content which gives 3% Voids in Mix (VIM) at refusal density.
163
(b) Superpave method
The mix design, when compacted in accordance with AASHTO T 312 (Preparing and
determining the density of Hot Mix Asphalt (HMA) specimens by means of the
Superpave gyratory compactor) shall meet the relative density, voids in the mineral
aggregate (VMA), Voids filled with Asphalt (VFA) and dust to binder ratio
requirements specified in Table 16-B2(b).
The initial, design and maximum number of gyrations are specified in AASHTO R 35,
Superpave volumetric design for Hot Mix Asphalt (HMA).
Required Relative Density, Voids in the Mineral Voids

Cumulative
Percent of theoretical maximum Aggregate (VMA), Filled
Equivalent Dust-to-
specific gravity Percent Minimum with
Standard Binder
Nominal maximum Asphalt
Axles Ratio
size Aggregate (mm) (VFA)
(CESA)¹ in N initial N design N max Range
Range,
Million 19.0 12.5
Percent
>10 ≤89.0 96.0 ≤98.0 13.0 14.0 65-75 0.6-1.2
¹The anticipated project traffic level expected over a 20 year design period
164
1605B MIXING AND LAYING ASPHALT CONCRETE
Add the following:

The temperature of the bitumen and aggregates when mixed should be determined
using both Penetration Index (PI) and softening point of the bitumen on the bitumen
tests data chart (BTDC). The temperature of the bitumen and aggregates when mixed
shall be 110+/-3°C above the softening point (Ring and Ball) of the bitumen.
Compaction shall commence as soon as the mix can support the roller without undue
displacement of material and completed before the temperature of the mix falls below
90°C.
The mixing and placing of asphalt concrete must be carried out only under favorable
weather conditions. Mixing and placing of asphalt concrete will not be allowed if the
moisture content of aggregate affects the uniformity of temperature, or if free water is
present on the working surface. Mixing shall not be allowed to take place more than
two hours before placing begins unless provision had been made for storing. Storage
of mixed materials will only be permitted in insulated hot mix bins. In any case,
storage will not be permitted for a period longer than 12 hours after mixing, unless
otherwise approved by the Engineer.
The minimum thickness of the compacted layer shall be 35mm when 12.5mm nominal
maximum size aggregate is used (on the road shoulders).
1606B COMPACTION
Rolling shall be continued until compaction of the completed layer attains a minimum
mean value of 95% of refusal density (no value less than 93%) and until the voids
measured in the compacted layer are within the specified range as appropriate.
165
PART C –DENSE BITUMEN MACADAM FOR BASE
1602C MATERIALS FOR DENSE BITUMEN MACADAM
(a) Penetration grade bitumen

Bitumen shall be 60/70 penetration grade and shall meet the requirements stated in
1602B of this specification.
(b) Aggregate
Coarse aggregate (retained on a 6.3mm sieve) shall consist of crushed stone free from
clay, silt, organic matter and other deleterious substances and shall comply with the
following requirements
The crushing ratio shall not be less than 100%
1603C GRADING REQUIREMENTS
The grading mixture of coarse and fine aggregate shall be within and approximately
parallel to the grading envelopes as given in Table 16C-1a and 1b below
Table 16C-1(a) Superpave aggregate grading control point
Nominal Maximum Sieve size Control point

Size (mm)
(mm) (%passing)
(Note 1 below)
Minimum Maximum
50 100 -
37.5 90 100
37.5 25 - 90
2.36 15 41
0.075 0 6
37.5 100 -
25 90 100
25 19 - 90
2.36 19 45
0.075 1 7
Note (1) - The definition of Nominal Maximum Size of aggregate is one sieve larger
than the first sieve to retain more than ten per cent of the aggregate
1604C REQUIREMENTS FOR BITUMEN MACADAM BASE COURSE
No formal design method is available for determining the optimum composition for
this material because the maximum particle size and proportions of aggregate greater
than 25mm precludes the use of the Marshall test. However, the Superpave method
can be carried out and is proposed for determining its optimum composition.
The mixture shall comply with the requirements given in Table 16C-2.
166
Table 16C-2 Requirements for Bitumen Macadam Base Course

Required Relative Density, Voids in the Mineral Voids
Cumulative
Percent of theoretical Aggregate (VMA), Filled
Equivalent Dust-to-
maximum specific gravity Percent Minimum with
Standard Binder
Nominal maximum Asphalt
Axles Ratio
size Aggregate (mm) (VFA)
(CESA)¹ in N initial N design N max Range
Range,
Million 25
Percent
>10 ≤89.0 96.0 ≤98.0 12.0 64-75 0.6-1.2
The proportion, by mass of total mix, of bitumen (binder content) shall be in the
range 4.0 + 0.5. The actual binder content of the working mix will be instructed by
the Engineer following laboratory and site trials
The mixing temperature of the Bitumen Macadam Base Course shall be between
1400C and 1700C. Where possible, the viscosity of the bitumen should be measured
over a range of temperatures and plotted on the Bitumen Test Data Chart do that the
ideal mixing temperature, at which the viscosity of the bitumen is between
approximately 0.2 and 0.5 Pa.s, can then be read from the chart. The minimum
temperature at laying and commencement of compaction shall be 120 0C and at
completion of compaction shall be not less than 900C
Laying plant capable of spreading the mixture over the full carriageway width shall be
preferred, otherwise two mechanical pavers working in echelon shall be used and the
longitudinal joint shall be compacted before the temperature of the existing lane has
dropped to 700C.
The minimum thickness of the compacted layer shall be 75mm and no compacted
layer shall exceed 125mm.
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SECTION 17 - CONCRETE WORKS
1703 MATERIALS FOR CONCRETE
All materials shall comply with the requirements of section 1703 of the standard
specifications.
Cement for all concrete works shall be Ordinary Portland Cement complying with
KS1725: 2001 CEM 1 42.5N
1704 DESIGN OF CONCRETE MIXES
The following classes of concrete shall be designed and mix proportions approved for use
as follows:
Class 15/20 for all blinding to structures and precast pipe culvert beds and surrounds
Class 25/20 for all culvert headwalls, wing walls, aprons, toe walls, and box culvert
walls and top slab
Class 30/20 for bridge superstructure beams
Specifications for construction materials and quality control shall be in accordance with
the standard specifications.
1713 FINISHES ON UNFORMED SURFACES
All unformed surfaces shall be finished to class UF 3 Finish in accordance with the
standard specifications
1725 SURFACE FINISHES
All surfaces shall be finished to class F3 finish in accordance with the standard
specifications.
1728 REINFORCEMENT FOR CONCRETE
All reinforcement to concrete shall be hot rolled high yield deformed bars complying
with BS 4449 and steel mesh fabric to BS 4483
(a) Item: Concrete

Amend clause 1741 (a) (iv) of standard specifications to read “class UF 3 finish”
(b) Item: formwork for formed surface finishes
Amend the following to Clause 1741 (e) of the Standard Specification:
Unit m² of formwork shall cover inclined formwork of all slopes and angles.
168
SECTION 20 - ROAD FURNITURE

2004 PERMANENT ROAD SIGNS
Permanent Road Signs shall be provided as directed by the Engineer and in compliance with
the requirements of the "Manual for Traffic Signs in Kenya" Part II and standard Specification
clause 2004.
The posts for the signs shall be cylindrical galvanized wrought iron tubes of minimum 75mm
diameter and vandal-proofed by in-filling with concrete class 15/20.
The sign plates shall be made from approved metal or plastic sheet 3mm thick and vandal-
proofed by the drilling of 3mm diameter holes at 100mm centers
The rate inserted for the signs shall include for all the costs of complying with this clause.
2004B EXISTING ROAD SIGNS
Where directed by the Engineer, the Contractor shall take down road signs including all posts,
nuts, bolts and fittings, and remove and dispose of the concrete foundation and backfill the
post holes. The signs shall be stored as directed by the Engineer.
Measurement and payment for taking down road signs shall be made by the number of signs
of any type and size taken down, cleaned and stored as directed.
2005 ROAD MARKING
Paint for road marking shall be internally reflectorized hot applied thermoplastic material in
accordance with Clause 219 of the Standard Specification complying to BS 3262 and BS
6088.
The rates inserted in the Bills of Quantities for road marking shall include for prior
application of approved tack coat.
2007 KERBS
(a) Vertical Joints

Vertical joints between adjacent kerbs shall not be greater than 5 mm in width and shall
mortar consisting of 1:3 cement: sand by volume.
(b) Transition between flush and raised kerbs
The transition between flush and raised kerbs (e.g. at bus bays) shall be termed as ramped
kerbs and shall occur within a length of 2.0m
2012 BOLLARDS
Where directed by the Engineer, the contractor shall provide and install class 20/20 200mm
diameter reinforced concrete bollards concreted 300mm into the ground.
Delete clause 2010 and 2011(p) entirely
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SECTION 22-DAYWORKS
2201 MEASUREMENTS AND PAYMENT
(a) Plant
Where items of major plant listed in the schedule of Dayworks are specified by type (e.g.
Concrete mixer etc.) the power rating of such items of plant provided by the Contractor shall
not be lower than the power ratings of such plant manufactured within the last two years prior
to the date of BID. Any item of major plant employed upon Dayworks that has a power rating
lower than specified above shall be paid for at rates lower than those in the schedule of
Dayworks. The reduction in the rate payable shall be in proportion to the reduction in power
rating below that specified above.
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SECTION 24 - ENVIRONMENTAL MANAGEMENT PLAN

The Contractor shall implement the Environmental Management Plan (EMP) measures
(Matrix Tables given below both for construction and maintenance and use phases),
enhancement measures as directed by the Engineer. He shall submit the report on compliance
with the Environmental Mitigation measures periodically to the Engineer. The Engineer will
review the compliance submitted by the Contractor.
171
2400 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN MATRIX
A. CONSTRUCTION PHASE
Table 1: Actions Matrix
Item № Anticipated Impacts & Sources Proposed Actions Responsibility & Timeframe Targets to Achieve Monitoring Parameters
1 Degradation of water sources:

Over-abstraction of water, Observe regulations on The Contractor, Minimal silt Status of streams and
Water quality degradation, water abstraction The Resident Engineer. discharging into wetlands and water
permits, slope water bodies, quality along reserve,
Effects on downstream DEO and KeNHA Engineers.
excavations, etc.), NO effects on General social Concerns.
dependents, Immediate action and
Monitor standards of physical status of Specific attention at all
Stream bed siltation, maintained throughout the
sanitation at the water quality, crossings and other
Sources: construction camps, project period.
Centralized water bodies.
Silt from earth moving, Establish a mechanism for effective collection
Oil and grease, solid waste collection, of solid wastes
storage, transfer and
Raw asphalt concrete, disposal,
Workshops and machinery
Liaise with water
maintenance areas,
authorities for installation
Construction camp sites, of RGSs at all crossings.
Material preparation sites.
2 Air quality:
Dust and particulate matter, Ensure earth surface The Contractor and the Low visible Dust level within the
Visual disruption, roads, diversions and dry Resident Engineer. particulate matter project,
materials are kept damp Surveillance by the, NEMA in the air. Exhaust fumes from
Particulate matter,
at all times, Officials, DEO and Public Requirements of construction
Surface depositions,
Establish information flow Health Officials. Clause 19 of the machineries.
Bronchial and eye problems. process to the General Conditions
172
173
Sources: communities on dusty Project period of Contract Project wide situation.
Construction activities (earth conditions,

moving and machinery Keep inevitable dusty
operations). conditions and/or
emissions as short as
possible.
3 Vegetation Cover Degradation:

Removal of vegetation from Collaborate with the The Contractor and Vegetation trend Greenery along the route
road reserve and diversion Local authorities in their Resident Engineer that is also safe to of the road.
routes, beatification KeNHA Engineers and the road users.
DEO Special attention at
Loss of vegetation from programmes, to keep surveillance Requirements of sloppy sections and river
material sites and access Implement top-soiling and Clause 19 of the crossings will be
routes, grassing programme for standard Bid Docs necessary.
the road reserve and
material sites,
Introduce soft shrubs in
the median of the dual
Sources: carriage,
Construction of diversions, Introduce trees on
Material borrow pits and canopies on reserves near
quarries, built-up areas,
Ensure vegetation does
not compromise road
safety.
4 Environmental Pollution:
Siltation of water bodies, Develop Standard The Contractor Minimal disruption Water quality,
Pollution of water (turbidity Operating Procedures Resident Engineer to physical and Environmental features,
(SOPs), schedules and biological
174
and hydrocarbons residuals), supervision guidelines for NEMA offices, water environmental Risks to health and
Visual pollution (from dust the project works, offices and KeNHA quality throughout safety,
and emissions) Focus on sensitive Engineers to keep the route. Wastes characteristics.
features (e.g. stream surveillance.
Sources: Pollutants from camp
crossings and slopes) for sites, service yards and
Oil/grease storage,
necessary precautions, material preparation
Solid waste disposal (filters, Establish dust control yards.
greases, asphalt wastes, programme and
etc.),
machinery performance
Construction machinery and and waste disposal
vehicles, controls
Excavated earth,
Water abstraction points
5 Land degradation:
Soil loss, Monitor land use trends The Contractor and the Conservation of soils Land use trends.
Soil quality degradation, along the route in liaison Resident Engineer on each side of the A project wide concern,
with planning Surveillance by the KeNHA road. specific locations of
Land use changes,
department, Engineers and DEO camp sites, sloppy zones
Material sites
Initiate a planned and crossings.
Source: vegetation programme on
The Contractor to carry
Surface runoff channels from road reserve, out full ESIA for all
camps and working areas, Rehabilitation plans of material sites
Temporary road diversion materials sites with
routes, landowners (lease
agreements to reflect this
Material extraction and
aspect).
transportation.
175
6 Health and Safety:

Personal injuries Provide safety The Contractor and Information flow Complaints on health
(construction employees), programmes for material Resident Engineer. and dissemination safety aspects related to
Communicable diseases sites and working areas, The PPRO, on health and the road construction
including HIV/AIDS & STI), Provide safety provisions safety. activities.
Surveillance by the DWO,
Potential accidents at (signage and lighting) for DPHO, and the DEO in Specific response to Trends in HIV/AIDS & STI
material quarries, diversions, Nairobi and Kajiado , HIV/AIDS & STI cases along the corridor,
Awareness, prevention issues Special focus on material
Environmental diseases Entire project period.
(bronchial and eye problems), and training on HIV/AIDS Requirements of sites and road diversions
& STI and other social Clause 19 of the routes.
Sources:
diseases, standard Bid Docs Focus on major towns
Construction dust and
Provide service roads and Requirements of and settlement areas I
emissions,
bus at settlement areas to Clause 34 and 35 of the project corridor.
Interaction of construction reduce road accidents. the General
workers with communities, Provide medical, Conditions Of
Pollution of water from insurance cover and PPEs Contract
construction activities, for all the construction
Material sites, workers.
Traffic diversions,
Construction camp sites.
7 Social and Economic:

Temporary disruption of Enhance consultations The Resident Engineer An acceptable, Trends in socio-economic
business activities, with communities on (PPRO) in conjunction with sustainable and dynamics along the
Insensitivity to public activities affecting them the Contractor, economically viable project road and its
concerns during construction, and collaborate on the Liaison with local road with long term catchments ,
impacts reduction, authorities and the benefits to the Special attention on
Access into and out of
176
highway by special social Establish modalities of Provincial Administration, people without realigned and expanded
groups, recruiting manual labour Entire construction period adverse implications sections of the road.
Benefits to riparian from within the project on the physical and Encroached sections will
communities areas, social environment. also require attention.
Safety issues (diversions and Provide service roads and
materials sites, etc.), slips accesses,
Noise to residents living along Locals Authorities for

the route, Mavoko Municipality, may
consider physical planning
Sources:
along the road for
Materials sites, maximum benefits,
Diversion routes, Integrate construction
Construction machinery, works with other projects
ongoing in the project
Crossings, route,
Construction camps. The contractor to
establish and manage
environmental and social
committee to oversee
mitigation measures
8 Provision of Road Reserve:

Kenya National Highways KeNHA Clear project route The design of the road is
Authority to undertake Upon commencement of and get back the confined within the road
availability of the road the project road reserve. reserve width.
reserve, Completed survey will
Serve adequate quit provide actual
notices to the encroachments and
encroaching necessary acquisitions.
177
developments
9 Material Sites (hard stone,

gravel and water): Full ESIA studies should be Contractor and Resident Sustainable It is likely that all
Land degradation, undertaken on all Engineer. abstraction of material sites will be on
materials sites upon final DEO and KeNHA materials. private land.
Loss of land vegetation cover, Engineers
identification, to supervise Sources of construction
Surface hydrology changes,
Rehabilitate the material Throughout the water have other uses by
Access roads‟ damages,
sites after construction. construction phase. the communities.
Water sources‟ degradation, Lease responsibilities
Water quality. with landowners
necessary,
Obtain appropriate
permits for construction
water abstractions
10 Decommissioning:
Removal of construction Carry out The Contractor under Rehabilitated Usability of the affected
camps, decommissioning audits supervision of the Resident material sites and camps‟ and material
Materials sites and for the camp sites, Engineer, PPRO and the cleared material sites.
preparation yards, Rehabilitate all material DEOs preparation yards.
Equipment removals. sites and preparation

yards,
Remove all construction
equipments and excess
materials from the site.
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B. ROAD MAINTENANCE AND USE

Table 2: Action Plan Matrix (Maintenance and Use)
1 Environmental Pollution:
Water quality degradation, Establish a policy KeNHA A road that is Complaints on the utilization
and compatible with the of the roads,
Air pollution, Consultation with the DEO
implementation social conditions
and Water Offices for Environmental quality trends
Solid waste dumping (road guidelines in close and features.
surveillance, (status of water sources, water
litter), collaboration with
quality and aquatic
experts and NEMA, Administration, Traffic
Material spills (pollutants), vegetation),
Police Department and the
Develop
Vehicular scraps, Local Authorities. Compliance with road
monitoring
Residuals from material sites transport regulations.
compliance with
and preparation yards, vehicular emission
Sources: standards along
the road,
Surface runoff drains from
the road, Introduce clean-up
responsibilities for
Oils spills on road surface, the road users
Road litter (from road users (e.g. spills from
and roadside clearing), accident vehicle
owners),
Poorly maintained vehicles –
higher related emissions, Provide public
waste receptacles
Spills from accident sits, at strategic
Emerging social and economic locations along
centers, the route (bus
Road repairs and maintenance stops and crossing
activities. areas),
Drainage channels
179
be kept clear at
all times to
prevent
overloading with
polluting
materials,
Collaboration with
the traffic police on enforcement of road regulations.
2 Health, Safety and Security:

Contamination of water and Draw strategies KeNHA Enhanced safety Complaints from the riparian
water sources, for road safety throughout the road residents,
Traffic Police department,
measures and and construction of
Noise and vibrations, sensitize residents Administration Leadership, the road to enforce Recorded cases and categories
Increased road accidents, within risk areas, Health department and security. of road accidents,
rescue groups. HIV/AIDS & STI trends within
Security aspects, Integrate safety
towns along the route.
Spread of infectious diseases measures in the Continuous
(HIV/AIDS & STI and other overall
social diseases) maintenance of
the road,
Develop liaison
with health
Sources: provision arms for
emergence
Contaminated runoff from the
response on the
road surface,
road,
Roadside litter and solid
Liaise with
wastes,
appropriate
180
Increased traffic and driving department to

style variances along the ensure compliance
route, with road
regulations and
Social interactions, traffic rules along
Inadequate road safety the stretch,
signage and facilities.
Ensure
maintenance of
signage and other
facilities at all
times.
3 Social and Economic Aspects:

Land use changes due to Collaboration with KeNHA Compatibility of the Land use trends in time and
efficient transport, physical planning Continuous process road with social and along the route,
Increased settlements and Depts. to enhance economic interests Population trends
population, roadside planning. of the local
residents and road Complaints received from the
Collaborations for
Higher traffic volumes, users. local communities and the
sustainable social
road users in general.
Mixed economic activities and economic
(general trading, industrial, development,
institutional, etc.),
Include
Road safety issues, environmental
Road ownership by all. aspects in
scheduled road
audits.
4 Maintenance:
Drainage clearance for free Establish Maintained high
181
storm water flow, modalities for the KeNHA level quality of road
involvement of surface,
Vegetation clearing for DEO, water authorities the
the riparian installations and
enhance visibility, Administration for
landowners in the components.
surveillance
Roadside litter collection, maintenance of
Road safety facilities and the road, Continuous process
signage maintenance, Install and

Re-encroachment into the maintain
road reserve, appropriate road
signs. Liaise with
Roadside land development other authorities
practices, in the control of
roadside
advertisement
billboards that
masks the safety
signs,
Maintain trash bins

at strategic locations along the route (bus stops and major crossing
points),
Prepare a
maintenance procedure in line with existing guidelines.
182
5 Decommissioning phase:
Undertake a KeNHA None or minimum _
decommissioning After the design road life impacts to the
audit of part, span (15 – 25 years) environment and
sections or entire social well being
road Any major repairs along
reconstruction and the route.
establish
appropriate
measures to
prevention
environmental
pollution and
public safety.
183
SECTION 25 - OCCUPATIONAL HEALTH & SAFETY, HIV/AIDS & STI

& STI PREVENTION & GENDER AWARENESS MEASURES &
CAMPAIGNS
2500 SCOPE
This specification sets out the Contractor’s obligations with regard to on-site HIV/AIDS &
STI awareness campaign and preventive measures which are to be instituted.
2501 INTERPRETATION AND DOCUMENTATION
The following documents shall inter-alia be read in conjunction with this specification:
The Instructions to Bidders;
The Conditions of Contract;
The Drawings;
2502 GENERAL REQUIREMENTS
A. HIV/AIDS & STI PREVENTION AWARENESS CAMPAIGN
The Contractor shall institute an HIV/AIDS & STI awareness campaign amongst his workers
for the duration of the contract. As part of the campaign the Contractor will be required to
display AIDS awareness posters in all buildings frequented by workers employed on the
contract, where such buildings fall under the control of the Contractor. In addition, at least ten
(10) of the Contractor’s vehicles, regularly used on site shall display HIV/AIDS & STI
awareness posters. The posters shall be printed on gloss paper and shall be at least A1 size on
buildings and A3 size, or other approved size on vehicles. The message on the posters shall be
supplied by the Employer through the Engineer before the posters are printed.
Aids awareness shall also be included in the orientation process of all workers employed on
the contract.
B. AIDS PREVENTION CAMPAIGN
The Contractor shall institute an HIV/AIDS & STI prevention awareness campaign amongst
his workers for the duration of the contract. As part of the campaign the Contractor will be
required to make condoms available to workers. The condoms shall be from an approved
manufacturer and comply with the current ISO Standards or WHO/UNAIDS Specifications
and Guidelines for Condoms, 1998, or any more recent publication. The Contractor shall
make available at least 4,000 condoms every month, through dispensing machines or other
approved method of distribution. The Contractor shall at all times keep the site adequately
supplied with condoms.
2503 HIV/AIDS & STI TRAINING
A. INTRODUCTION
HIV/AIDS & STI is having a significant and increasing impact in Kenya. Interventions that
stimulate the movement of people increase both the exposure to the HIV virus and the spread
of the virus. Road construction has been identified as one such intervention.
184
KeNHA policy is to integrate HIV/AIDS & STI awareness and prevention into all road
construction and rehabilitation programmes. This is in accordance with the Third
185
National Strategic Plan (2000-5) for HIV/AIDS & STI prevention and control as approved by
the Government of Kenya, International Bank for Reconstruction and Development (IBRD)
and other organizations.
The project will involve both local labor and other contractor’s labor. It is a contractual
requirement for the Contractor to carry out HIV/AIDS & STI awareness and prevention
activities during the construction period as stipulated in this specification.
B. OBJECTIVE
The objective of the HIV/AIDS & STI training programme is to reduce the risk of exposure to
and spread of the HIV virus in the area influenced by the construction. The target group will
be local laborers and their supervisors employed by the works contractors. The wider
community will benefit indirectly through their normal day-to-day interaction with the target
group.
C. SCOPE OF ACTIVITIES
Activities for HIV/AIDS & STI awareness and prevention will be broad-based, targeting both
individuals and groups. They may consist of:
(i) Information posters in public places, both on and offsite (eating houses, bars, guest
houses, etc.) and on contractor’s vehicles.
(ii) Availability of socially marketed condoms.
(iii) Peer educators (reference people) drawn from the local labor and educated in
HIV/AIDS & STI issues for discussions with colleagues (estimate 1 per 50 employees).
(iv) Small focus group discussions to disseminate information covering key issues.
(v) Theatre groups and video presentations.
(vi) Promotional events (such as football matches) to encourage openness and
discussion of HIV/AIDS & STI issues.
(vii) Promotional bill boards to raise awareness of the integration of construction
and HIV/AIDS & STI activities.
(viii) Inclusion of HIV/AIDS & STI activities at site meetings with the District
Aids Committee and other approved representatives.
(ix) Availability of promotional materials such as T-shirts, caps, bumper stickers,
key rings, etc.
The scope of activities may be tailored as required to meet the perceived needs and
priorities of the laborers, and should involve participatory approaches to ensure that
they are appropriate and have a public health impact. The scale and frequency of
activities may also be adjusted to suit requirements of the target group. Education will
cover:
(a) Preventive behaviors including partner reduction, condom use, awareness and
appreciation of the importance of treatment of sexually transmitted infections (STls);
(b) Skills including negotiating safer sex, correct condom use, purchase of condoms
without embarrassment; and
186
(c) Referral to local health centres and available services. Tasks

to be undertaken to support the above activities include:
(a) Establishing the status and focus of all current and planned HIV/AIDS & STI activities
in the area to ensure complementarity and determining potential involvement in project
activities.
(b) Carrying out a brief review of regional activities combining road construction with
HIV/AIDS & STI campaigns to determine options, best practice key issues, constraints, etc.
(c) Reviewing of Information, Education and Communication (IEC) materials available and
their relevance to road construction, making recommendations for future development of IEC
materials.
(d) Providing education and training for site personnel, supervisors and peer educators for
the scope of activities as above.
(e) Providing supervision for peer educators to ensure sustained quality of education.
Incentives for their continual work may be small promotional items such as T - shirts, caps, etc.
(f) Providing mechanisms for the social marketing of condoms and distribution of
materials.
(g) Monitoring activities regularly to assess effectiveness and impact. This should include
an initial, interim and final assessment of basic knowledge, attitude and practices (KAP) taking
account of existing data sources and recognizing the limitations due to the short time-frame to
show behavior change. The KAP will be supported by qualitative information from focus group
discussions.
D. COLLABORATION
HIV/AIDS & STI prevention awareness campaigns activities are coordinated nationally by
the National Aids Control Council (NACC). KeNHA, in consultation with NACC and the
Ministry of Medical Services, will co-ordinate with the provincial, district and local
representatives. Representatives of local health authorities will be invited to attend training
and communication activities.
Activities on the construction site will be linked as far as possible with on-going HIV/AIDS &
STI awareness and prevention in the area. This will ensure complementarity of approaches,
reinforcing education and minimizing duplication. In addition, these links will ensure that the
target group will have access to continued information after the end of the construction
period.
E. CONTRACTOR RESPONSIBILITIES
The Contractor will employ and designate a qualified HIV/AIDS & STI expert fulltime, to be
approved by the Engineer, who will work closely with the Employer, MOH and other
implementing agencies to support the HIV/AIDS & STI awareness and prevention activities.
This will ensure maximum effectiveness and integration with construction activities. Specific,
but not exclusive, issues to be addressed by the Contractor are:
187
(i) Scheduling appropriate timing and durations of the implementation of HIV/AIDS & STI
activities as part of a work plan for laborers and supervisors. Designated rest times such as lunch
breaks and pay days should be excluded.
(ii) Identification of suitable individuals from recruitment records for education with the
implementing organization.
(iii) Provision of suitable sites for communication activities and for condom distribution.
(iv) Monitoring of the implementation of peer educator activities.
(v) Provision of support as necessary to the implementing organization.
F. INPUTS
An organization experienced in the provision of HIV/AIDS & STI awareness and prevention
activities will be selected as a Subcontractor to provide the above scope of activities on behalf
of the main Contractor.
G. REPORTING
The implementing organization will produce the following reports to be submitted to the
Contractor, The Engineer, KeNHA and NACC:
1. Monthly progress briefs for inclusion in site meetings.
2. Quarterly reports detailing activities carried out, issues, follow up, etc.
3. A review report of activities in the road construction sector,
4. A review report of existing IEC materials with recommendations for development of
materials specifically for the road sector.
5. A final report detailing the methodology and activities carried out under this project
including lessons learnt, impact, liaison with the contractor and other parties, etc.
In addition, a report with the recommended approach for integration of HIV/AIDS & STI
awareness and prevention activities in the road construction sector will be produced. This will
be a synthesis of project activities including contractual approaches, communication
activities, availability of materials, liaison with existing organizations, etc. It will be
developed with all parties involved in the construction activities to ensure the wide range of
views and experiences is gained.
The final report and recommended approach will be presented to KeNHA, NACC and other
interested organizations including private sector, funding agencies and NGO's.
H. TIMING
Activities shall commence at the start of the construction period and continue through-out the
entire contract period to ensure a sustained impact. Reporting and dissemination activities
shall continue for three months after the project is completed to ensure integration into current
practice.
188
PART 5: BILLS OF QUANTITIES
189
PREAMBLE TO BILL OF QUANTITIES

1. The Bills of Quantities forms part of the Contract Documents and are to be read in conjunction with
the Instructions to Bidders, Conditions of Contract Parts I and II, Specifications and Drawings.
2. The brief description of the items in the Bills of Quantities is purely for the purpose of identification,
and in no way modifies or supersedes the detailed descriptions given in the Conditions of Contract
and Specifications for the full direction and description of work and materials.
3. The Quantities set forth in the Bills of Quantities are estimated, representing substantially the work to
be carried out, and are given to provide a common basis for bidding and comparing of Bids. There is
no guarantee to the Contractor that he will be required to carry out all the quantities of work
indicated under any one particular item or group of items in the Bill of Quantities. The basis of
payment shall be the Contractor's rates and the quantities of work actually done in fulfilment of his
obligation under the Contract.
4. The prices and rates inserted in the Bills of Quantities will be used for valuing the work executed,
and the Engineer will only measure the whole of the works executed in accordance with this
Contract.
5. A price or rate shall be entered in ink against every item in the Bills of Quantities with the exception
of items that already have Provisional sums affixed thereto. The bidders are reminded that no “nil” or
“included” rates or “lump-sum” discounts will be accepted. The rates for various items should
include discounts if any. Bidders who fail to comply will be disqualified.
6. Provisional sums (including Dayworks) in the Bills of Quantities shall be expended in whole or in
part at the discretion of the Engineer in accordance with Sub-clause 52.4 and Clause 58 of Part I of
the Conditions of Contract.
7. The price and rates entered in the Bills of Quantities shall, except insofar as it is otherwise provided
under the Contract, include all Constructional plant to be used, labour, insurance, supervision,
compliance testing, materials, erection, maintenance of works, overheads and profits, taxes and
duties (excluding VAT) together with all general risks, liabilities and obligations set out or implied in
the Contract, transport, electricity and telephones, water, use and replenishment of all consumables,
including those required under the contract by the Engineer and his staff.
8. Errors in the pricing of the Bills of Quantities will be corrected in accordance with Clause 29 of
instructions to bidders.
9. 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 Work.
10. General directions and descriptions of work and materials are not necessarily repeated or
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.
11. The method of measurement of completed work for payment shall be in accordance with Standard
Specification for Road and Bridge Construction of the Ministry of Transport and Communications,
1986.
12. "Authorised" “Directed" or "Approved" shall mean the authority, direction or approval of the
Engineer.
13. Unless otherwise stated, all measurements shall be net taken on the finished work carried out in
accordance with the details shown on the drawings or instructed, with no allowance for extra cuts or
fills, waste or additional thickness necessary to obtain the minimum finished thickness or dimensions
required in this contract. Any work performed in excess of the requirements of the plans and
specifications will not be paid for, unless ordered in writing by the Engineer.
190
14. Units of Measurement and abbreviations used herein shall have the following meanings:
Unit Abbreviation Unit Abbreviation

cubic meter m3 or cu m millimeter mm
hectare ha month mth
hour hr number №
kilogram kg provisional sum P.S.
kilometre km square meter m2 or sq m
lump sum L.S. square millimeter mm2 or sq mm
meter m vehicle veh
metric ton (1,000 kg) t week wk
months mths
191
BILL OF QUANTITIES
192
SUMMARY OF BILL OF QUANTITIES

CONTRACT
Bill No. Description.
AMOUNT (KES)
1
PRELIMINARY AND SUPERVISORY SERVICES
4
SITE CLEARANCE AND TOP SOIL STRIPPING
5
EARTHWORKS
7
EXCAVATION AND FILLING FOR STRUCTURES
8
CULVERT AND DRAINAGE WORKS
9
PASSAGE OF TRAFFIC
12
NATURAL MATERIAL FOR BASE AND SUB BASE
14
CEMENT AND LIME TREATED MATERIALS
13
GRADED CRUSHED STONES
15 BITUMINOUS SURFACE TREATMENT AND SURFACE
DRESSING
16 BITUMINOUS MIXES
17
CONCRETE WORKS
20
ROAD FURNITURE
21
MISCELLANEOUS BRIDGEWORKS
22
DAY WORKS
24
HIV/AIDS AWARENESS CAMPAIGN
26
ROAD SAFETY AWARENESS CAMPAIGN
28
ENVIRONMENTAL MITIGATION MEASURES
SUB TOTAL 1 (A)
Add 10% of Sub-Total 1 of Bills as Provisional Sums for
Contract Price Adjustment (CPA) -( a)
Add 10% of Sub-Total 1 as Provisional Sums for Contingencies
to be expended in the whole or part as directed by the Engineer -
(b)
SUB TOTAL 2 (A+a+b)
ADD 16% VAT
TOTAL COST
193
BILL NO. 1 : PRELIMINARY AND GENERAL ITEMS
ITEM DESCRIPTION UNIT QTY RATE AMOUNT (KES)
Provide or rent, furnish and maintain

accommodation for Engineers staff
1.01 equivalent to ownership to revert to
Contractor upon completion of the
contract
(a) Engineer's Senior Staff
(i) Type I Units 1
(ii) Type II Units 2
(b) Engineer's Junior Staff
(i) Type III Units 5
(ii) Type IV (double unit =12 units for 24
Units 12
persons)
Provide and maintain Engineer's
Representative's main office including
1.03 LS 1
furnishing the office as per the attached
Appendix to Bill no. 1.03.
Provide and maintain laboratory for use
1.04 by the Resident Engineer and his staff for LS 1
the entire duration of the contract.
Provide laboratory equipment and
reagents for use by the Engineer's
1.05 representative for the entire duration of LS 1
the contract as per the attached Appendix,
Bill no. 1.05
Provide and maintain survey equipment
for use by the Engineer's representative
1.07 LS 1
for the entire duration of the contract as
per the attached Appendix, Bill no. 1.07
Provide, fuel and maintain with a driver
two (2) new 7 seater station wagon
vehicle as per cl. 138 of special
1.09 V.mth 100
specifications and approved by the
Engineer, inclusive of the first 4000 km
per vehicle month
E.O Item 1.09 for mileages over 4000 km
1. 10 Km 100,000
per vehicle month
Provide, fuel and maintain with drivers 6
(6) new 4WD double cabin pickups of
min. 3000cc engine capacity Turbo
1.11 V.mth. 288
charged diesel propelled fully loaded as
approved by the Engineer, inclusive of
the first 4000km per vehicle month.
1.12 Km 300,000
per vehicle month
Provide, fuel and maintain with a driver
two (2) no. single cabin pickup with
canvas as per cl. 138 of special
1.13 V.mth 72
specifications and approved by the
Engineer, inclusive of the first 4000 km
per vehicle month
1.14 Km 20,000
per vehicle month
194
Allow Prime Cost Sum ( P.C. Sum ) for

the Resident Engineer's Miscellaneous
1.15 account to be spent in whole or part as P.C sum 1 8,000,000 8,000,000
directed by the Resident Engineer against
receipts
E.O. item 1.15 for the contractor's
1.16 %
overheads and profit
Provide, erect and maintain 6 No. project
1.17 signboards standard as directed by the No. 6
Engineer
Allow Prime Cost Sum (P.C. Sum) for
removal and alteration of services
inclusive of liaison with the appropriate
1.18 bodies in accordance with Specifications. P.C.Sum 1 50,000,000 50,000,000
Such services include; water, power lines,
telecommunication cables, railway lines
etc.
1.18a %
Allow for payment of the Resident
1.19 Engineer's support staff for the duration P.C. Sum 1 26,550,000 26,550,000
of the Contract as per the specifications.
1.20 %
Allow a Prime Cost Sum (P.C. Sum) for
the Resident Engineer and his staff’s air
1.21 P.C. Sum 1 2,548,800 2,548,800
time as per the specifications and as
directed by the Engineer.
1.22 %
Allow a Prime Cost Sum (P.C. Sum) for
training of KeNHA staff on site for
1.25 professional registration and general P.C. sum 1 10,000,000 10,000,000
Industry training for internship and
attachees.
1.26 %
Allow a Prime cost sum for photos, video
coverage, processing of digital pictures,
1.27 general publicity signs & KeNHA P.C. sum 1 1,200,000 1,200,000
branding as directed by the Engineer and
keeping records of the Progress of Works
1.28 %
Allow a prime cost sum of Ksh
4,000,000.00 for Environmental Impact
1.29 P.C. sum 1 4,000,000 4,000,000
Assessment Study and License including
hiring of an Environmentalist.
1.30 % 1
overheads and profit.
Allow for a P.C. sum for Engineers
1.31 P.C. sum 1 5,000,000 5,000,000
Junior staff overtime
1.32 % 1
Allow a Prime cost for the cost of
1.33 performing a Geotechnical Investigation P.C. sum 1 4,500,000 4,500,000
as required
1.34 %
195
Allow a prime cost (P.C) sum for land

1.35 P.C. sum 1 50,000,000 50,000,000
acquisition as directed by the Engineer.
1.36 % 1
Allow a prime cost (P.C.) sum for Quality
Control material testing including training
of Material Engineers, material
technicians and support staff services by
1.37 P.C Sum 1 6,000,000 6,000,000
the Material Testing and Research
Division (MTRD) of the Ministry of
Transport, Infrastructure, Housing, Urban
Development and Public Works.
1.38 % 1
TOTAL OF BILL NO 1 CARRIED FORWARD TO
SUMMARY
196
BILL NO. 4 : SITE CLEARANCE AND TOPSOIL STRIPPING
Clear site on road reserve including

removal of trees less than 300 mm girth,
hedges, bushes and other vegetation or
deleterious organic material, grub up
4.01 roots and back fill to 95 % MDD Ha 105
(AASHTO T99) with approved material
of holes left by removal of stumps and
roots in accordance with clause 401 and
404 of the specifications.
Removal of unsuitable material / topsoil
to a maximum depth of 200 mm deep or
as directed by the Engineer and in
4.02 m3
accordance with cl. 402 & 404 of the 305,822
specifications and as directed by the
Engineer
4.01 Cutting of trees of girth more than
250mm and removal of stumps and roots 1000
as specified in the Standard Specification No.
SUMMARY
197
BILL NO. 5 : EARTHWORKS

Fill in soft material for construction of
embankment and benching with approved
soft material with all lifts and leads,
transporting to site, spreading, grading to
required slope and compacting to 93% of
5.01 m3 450,000
modified AASHTO density (or 100% for
sand) in layers of 150mm each in
accordance with Cl. 502, 504, 505, 508,
509, 511, 512, & 513 of the specifications
and as directed by the Engineer
Cut to spoil in soft material in accordance m3
with Cl. 502, 504, 510, 511, & 513 of the
5.02 900,000
specifications and as directed
by the Engineer.
Cut to spoil in hard material in accordanc m3
e with Cl. 502, 504, 509, 510, & 513
5.03 89,000
of the specifications and as directed
by the Engineer.
Compacting original ground under cuts, m3
5.04 embankments and benches to 95% MDD 175,000
AASHTO T99
Excavation in swamps including stock m3
piling, loading, transportation and
5.06 24,500
disposal or re-use as would be directed by
the Engineer
Extra over for locking up hand packed
5.07 m2 1,250
stone layer
5.08 Rock Fill m3 15,000
Top soiling and grassing as per clause
5.09 m2 160,000
514 of the specifications

SUMMARY
198
BILL NO.7 EXCAVATION AND FILLING FOR STRUCTURES
QUANT
ITEM DESCRIPTION UNIT ITY RATE AMOUNT (KES)
These work items covers all excavations
and filling operations to bridges, box
culverts, retaining walls and other major
structures.
Excavate for structures in soft material,
backfill with suitable material, spoil
surplus/unsuitable material and keep the
7.01 8,750
excavation free of water in compliance
with cl. 702, 703, 704, 705, 706, 707 and
708 of the specifications. m3
7.02 As item 7.01 but in hard materials. m3 3,000
Excavate and backfill for gabions in soft
material and compact the excavation to
7.03 receive the gabion boxes and/or spoil the 3,700
excavated material as directed by the
Engineer m3
Provide and place macafferri or
equivalent 2x1x1 m gabions or matresses
7.04 6,400
as shown on the drawings or as directed
by the Engineer. m2
Provide and place rock fill to gabion

7.05
boxes. m3 1,300
Provide 1:3 cement mortar grouting to
7.06
gabion faces as directed by the Engineer. m2 1,450
Provide, place and compact rock fill

7.07 3,500
below structure. m3
Provide and place cement grouted stone

7.08 pitching as directed by the Engineer. Cl.
710 of specs m3 50
Provide and compact porous fill material

7.09 (6/10mm chippings or similar approved) 3,120
behind structures. Cl. 707 of specs. m3
River training works as directed by the

7.10 Engineer in compliance with Cl. 702, 600
704, 708, & 709 of specs. m3
TOTAL BILL NO. 7 TO SUMMARY PAGE
199
BILL No. 8 CULVERTS AND DRAINAGE WORKS
ITEM DESCRIPTION UNIT QTY RATE AMOUNT(KES)

Note: No separate payments shall be
made for gravel for blinding or hauling to
spoil unsuitable excavation materials and
the cost of such shall be included in the
rates and prices.
Excavate in soft material for culverts,
subsoil drains & minor drainage
structures, catch water drains, concrete
8.01 pipe culverts headwalls, wing walls, 8,400
apron, toe walls, drop inlets, and
compact as specified or as directed by the
Engineer. m3
Provide, lay and joint 600mm I.D precast
8.03 m 6,800
concrete pipes culverts
8.04 As for item 8.03 but 900mm I.D m 2,000
8.05 As for item 8.03 but 1200mm I.D m 100
Provide and place class 15/20 concrete to
8.06 4,100
beds and surrounds. m3
Provide and place class 20/20 concrete to
head walls, wingwalls, aprons, toe walls,
8.07 8,500
inlets and outlets to pipe culverts
including formwork. m3
Provide and place A142 fabric mesh
8.08 4,785
reinforcement or equivalent for item 8.07 m2
Excavate in soft material for mitre drains,
8.09 cut off drains, and outfall drains to free 15,000
flowing conditions m3
Excavate, remove and dispose damaged
8.11 pipe culverts including demolition of inlet 1,250
and outlet structures. m
Excavate, remove and hand over to client
8.12 steel corrugated pipe culverts including 150
demolition of inlet and outlet structures m
Excavate in soft material, provide and
joint 300mm half round concrete
8.13 channels or equivalent approved 1,200
including bedding and backfilling with
selected material as directed. m
Provide and place 300mm Invert Block
8.14 3,500
Drains with single side slabs. m
Provide and place 300mm Invert Block
8.15 2,100
Drains with double side slabs. m
Construct concrete scour checks as
8.16 550
directed by the Engineer. m3
Provide crushed rock backfill in subsoil
8.17 750
drains m3
Provide filter fabric to subsoil drains,
8.18 under and/or behind gabions and other 12,000
structures m2
Total of Bill carried forward to summary
200
BILL NO. 9 : PASSAGE OF TRAFFIC

Improve the existing road ahead of
9.01 the works in accordance with Clause 902 km 85.6
and 903 of the specifications.
Construct deviations to the approval of
the Engineer and in accordance with Cl.
9.02 km 25
904 and 910 of the specifications,
drawings
Provide road signs and barriers for safe
passage of traffic through the works to
9.03 the approval of the Engineer and in Km 85.6
accordance with clause 907 of the
specifications and drawings
Maintain the passage of traffic to the
approval of the Engineer and in
9.04 Km 85.6
accordance with clause 905 and 912 (d)
of the specifications
Excavate gravel wearing course material
of CBR greater than 20 %, transport,
spread and compact to at least 95 %
MDD AASHTO as surfacing to existing
9.05 m3 3,000
roads or deviations to the approval of the
Engineer and in accordance with clause
1011 (a) of section 10 of the
specifications
TOTAL OF BILL NO 9 CARRIED FORWARD TO SUMMARY
201
BILL NO. 12 : NATURAL MATERIAL SUB BASE AND BASE

Provide, transport over any distance, m3
place and compact, natural gravel sub
base to carriageway, shoulders, junctions,
12.01 200,000
accesses, parking, etc.; all in accordance
with the specifications or as directed by
the Engineer
Provide, transport over any distance, m3
place and compact, natural gravel base to
carriageway, shoulders, junctions,
12.02 50,000
accesses, parking, etc.; all in accordance
with the specifications or as directed by
the Engineer
SUMMARY
202
BILL NO. 13 : GRADED CRUSHED STONES FOR BASE

No overhaul will be paid for separately
under this item and the cost of hauling
will be deemed to have been included
in the rates. The rates inserted shall
include all items as listed in method -A
of measurements in the standard
specifications
Provide, spread (by paver) water and
compact 150mm thick graded crushed
13.01 m3 1,000
stone to base of shoulders and
carriageway as directed by the engineer
SUMMARY
203
BILL NO. 14 : CEMENT AND LIME TREATED MATERIALS

Provide, transport to site, store, haul and
spread cement/Lime, as stabilizing agent
14.01 ton 17,500
to the gravel material as per the
specifications
Mix in cement to GCS material as per the m3
14.02 1,000
specifications
Mix in cement stabilizer into the gravel
14.03
material as per the specifications
(1) Sub base m3 200,000
(1I) Base m3 140,000
Allow for curing and protection of the
14.04
treated material as per the specifications
(1) Sub base m² 685,000
(1I) Base m² 685,000
SUMMARY
204
BILL NO. 14A: LEAN CONCRETE

14.01A Concrete pavement 150 mm excluding
m3
texturing and curing 4875
14.03A Texturing and curing the concrete
pavement:
(a) Burlap-dragged and grooved texture
m²
3,600
(b) Curing
m²
3,600
14.05A Joints:
(a) Expansion joints complete
m
(excluding dowels) 700
(b) Longitudinal hinge joints:
m
500
(1) Sealed hinge joints
m
700
(e) Tie bars (diameter and length
indicated):
14.06A Drilling and testing of cores:
(a) 100 mm cores drilled from the
No
pavement 25
(b) 150 mm cores drilled from the
pavement and tested for compressive No
25
strength
14.07A Steel reinforcement in concrete
pavement:
(a) Mild steel bars
ton
0.1
(b) High tensile steel bars
ton
5.0
(c) BRC mesh as concrete pavement
ton
antic rack to standard specifications 330.0
(c) Welded steel fabric
ton
5
TOTAL OF BILL NO 14A CARRIED FORWARD TO
SUMMARY
205
BILL NO. 15: BITUMINOUS SURFACE TREATMENTS AND

SURFACE DRESSING

Prepare surface of carriageway,
shoulders, bus bays, accesses and
15.01 junctions, provide, heat and spray
bituminous binder as per section 15 Part
A and B of the specifications
(1) MC-30 as prime coat litres 825,000
Provide, heat and spray 80/100 Pen
bitumen as binder double seal on
shoulders; all in accordance with the
15.02 litres 1,000,000
specifications and as directed by the
Engineer. (Approx. spray rate range of
blend 0.8– 1.2 litres/ m²)
Provide, lay and roll 14/20 mm size m3

precoated chippings at a nominal rate of
15.04 2,262
80 m²/ m3. to shoulders as directed by the
engineer.
Provide, heat and spray K1-60 tack
coat on carriageway, shoulders,
footways, junctions and accesses; all
15.06 L 570,000
in accordance with the specifications
and as directed by the Engineer.
(Average spray rate 0.3- 0.8 litres/m2)
Provide, lay and roll 6/10 mm size m3
precoated chippings at a nominal rate of
15.05 2,010
90 m²/ m3. to shoulders or as directed by
the engineer.
Provide, spread and roll 10/14 mm m3

precoated chippings as single seal on
15.03 carriageway, busbays, junctions and 6,100
accesses at a spread rate of 75 - 90 m2/m3
or as directed by the Engineer
SUMMARY
206
BILL NO. 16: BITUMINOUS MIX BASES, BINDER COURSES

AND WEARING COURSES
Provide, place and compact 50mm thick m3

16.01 Superpave AC on carriageways as 33,384
Provide, place and compact Superpave m3
AC for bumps and rumble strips with
16.02 450
nominal bitumen content as directed by
the Engineer
SUMMARY
207
BILL NO. 17: CONCRETE WORKS
-
17.01 Structural Concrete
Providing, hauling all materials,
preparation, handling, mixing, placing to
class UF3 finishing and curing.
a) Concrete Class 25/20 m³
1,350
b) Concrete Class 30/20 m³
3,550
17.02 Blinding Concrete
Providing, hauling all materials,
preparation, handling, mixing, placing to
class UF1 finishing and curing.
a) Concrete Class 15/20 m³
350
17.03 Formwork for formed surface finishes
Supply, erect and dismantle formwork for
concrete of the following classes. The
rates shall cover inclined formwork of all
slopes, radii, and angles.
a) Class F3 finish m²
4,500
17.04 Reinforcement
Providing, cutting, shaping and placing
high yield, high bond strength bars.
a) Diameter equal or less than 16 mm. tonnes
75
b) Diameter greater than 16 mm tonnes
150
c) A252.3 BRC mesh to BS4483 m²
350
17.05 Ditto but mild steel round bars
Diameter equal or less than 16 mm. tonnes
55
TOTAL OF BILL NO 17 CARRIED FORWARD TO SUMMARY
208
BILL NO. 20: ROAD FURNITURE

AMOUNT
ITEM DESCRIPTION UNIT QTY RATE
(KES)
Provide and lay hot applied thermoplastic
road marking compound in approved
color and shade (ASTM 9), (white paint)
for road marking on bituminous surface
using automatic extrusion machine and
premelter for melting thermoplastic
material, including dispensing drop on
20.01
glass beads of approved make and as per
BS 6088, cleaning the surface of all dirt,
dust, and other foreign matter,
demarcation at site / pre-marking,
finishing and managing the traffic control
etc. Marking to be done as per
For lane marking (broken line) - 100 mm
(a) m² 1,000
wide
For edge lines (continuous line) - 100 mm m²
(b) 18,096
wide
(c) Stop line - 400 mm wide m² 250
(d) Chevrons m² 750
Pedestrian crossings, direction arrows, m²
(e) 1000
give ways and stop lines
20.02 As item 20.01 but in yellow paint. m²
Centre line (broken line) - 100 mm m²
(a) 9,048
wide
Parking, weigh bridge (continuous line)- m²
(b) 100
150 mm wide
(c) Chevrons m² 560
20.03 As item 20.01 but letters and symbols m² 800
Provide and erect 1000 mm size priority
20.04 No 25
signs
Provide and erect 750 mm size
20.05 No 50
warning signs
Provide and erect standard 400 x 300 mm
20.06 No 30
informatory signs
Provide standard 600 mm size
20.07 No 38
mandatory signs
Provide and erect non-standard
20.08
informatory signs
(a) less than 1 m² No 10
(b) 1 - 2 m² area No 10
(c) 2 - 5 m² area No 10
Provide and fix concrete marker posts on
the outer edge of shoulder, including all
20.10 excavation, backfill, compaction and
removal of surplus excavated material to
spoil as per specifications, drawings
(a) Culvert marker posts No. 550
(b) Service duct marker posts No. 150
209
Provide and erect concrete edge marker

posts as per specifications and drawings
20.11 No. 1000
Provide and fix kilometre marker posts as

20.12 No. 314
per specifications, drawings
Provide and erect flexi-beam guardrails
(Metal Beam Crash Barriers) complete
with steel posts, spacers, nuts, bolts,
20.13
'swarflex' ART 3240 guardrail reflectors
every 4m and fittings as per specifications
and drawings
Single Sided Headed, Type A (On the
(a) m 25,000
Ground)
Single Sided Head, Type B (On the
(b) m 800
Structure)
Provide, lay / cast-in-situ raised kerbs /
divider for central reserve, footpaths and
traffic islands in cement concrete class
20.14 25/20 inclusive of excavation, laying and
jointing / casting, concrete bedding and
haunching etc. as per specifications and
drawings
(a) Barrier type kerbs m 1000
As item 20.15a but 125 x 100 mm
(b) m 500
channels
Provide and fix road studs complete as
20.15 per clause 2005A of the special No. 22,000
Provide and place pipe bollards
comprising of 150 mm diameter steel
20.16 pipe filled with class 20/20 concrete, 1.2 No. 1000
m height embedded to a depth of 0.5 m as
per specifications and drawings
Provide and lay service ducts as per
20.20
(a) 100 mm diameter UPVC service ducts m 500
(b) 150 mm diameter UPVC service ducts m 1000
Provisional sum to design and construct
20.21 P.C 1 100,000,000 100,000,000.00
street lighting in various market centers.
Extra over 20.21 for Contractor's
20.22 %
SUMMARY
210
BILL NO. 21- MISCELLANEOUS BRIDGEWORKS

ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT
21.01 Provide and place elastomeric laminated bearings to No.

take vertical and horizontal reaction forces, rotation 8
and longitidunal temperature movements of upto
30mm.
21.02 Provide and erect flexi-beam guardrails (metal beam m 160
crash barrier) complete with steel posts, spacers, nuts,
bolts and fittings as per drawing and as directed by the
Engineer to bridge approaches.
21.03 Provide materials, prefabricate and erect metal
hand rails inclusive of steel sections as posts of
and flex beams, bolts, nuts and washers m 80
to the bridge kerb wall as directed by the Engineer
21.04 Provide and fix into position fingure type expansion m 80

joints as as directed by the Engineer with compressible
fibre board.
21.05 Drainage Spouts including 100 dia PVC pipes No. 200
complete as per Standard Specification for Road and
Bridge Construction Specification or as will be
21.06 Providing weep holes in Plain Concrete/ Reinforced Nos 250

Concrete abutment, wing wall/return wall complete as
per drawing and Standard Specification for Road and
Bridge Construction Specification
21.07 Pipe handrail to bridges as per standard specification m 100
21.08 Drilling conformatory bore holes of 150mm dia in the No 8

subsoil strata to confirm the properties of subsoil as
confirmed and used during design, including laboratory
and field test of soil and rock , minimum depth for
drilling shall be 15m or as directed by Engineer
21.09 Provide and lay service ducts as directed by m

Engineer(150mm diameter PVC through the bridge 160
walkways) bridge walkways.
SUB TOTAL CARRIED FORWARD TO SUMMARY
211
BILL NO.22 : DAY WORKS
ITEM DESCRIPTION UNIT QTY
Crawler dozer with hydraulic ripper

22.01
attachment
(a) 100 - 135 kw rated flywheel power hr 30
(b) 136 - 185 kw rated flywheel power hr 30
(c) 186 - 250 kw rated flywheel power hr 30
22.02 Self-loading wheeled motor scraper of
(a) up to 16 m3 heaped capacity hr 60
(b) 17 - 26 m3 heaped capacity hr 60
22.03 Motor graders complete with scarifier
(a) 80 - 110 kw rated flywheel power hr 30
(b) 111 - 120 kw rated flywheel power hr 30
(c) 121 - 160 kw rated flywheel power hr 30
Rollers - Towed Vibratory Including
22.04
Tractor
(a) 6.5 - 8.8 t unballasted weight hr 60
(b) 8.9 - 11.7 t unballasted weight hr 60
Rollers - Road Deadweight (Steel three
22.05
wheel)
(b) 8.6 - 10.5 t unballasted weight hr 30
22.06 Rollers - Rubber Tyred Self-Propelled
(a) up to 1.0 t per wheel hr 30
(b) 1.1 - 2.0 t per wheel hr 30
Rollers - Vibratory Single Roll Rubber
22.07
Tyred
Rollers - Vibratory Pedestrian Operated
22.08
Twin Roller
(a) 651 kg - 1.3 t unballasted weight hr 60
22.09 Vibrating Plate Compactor
(a) 114 kg - 200 kg operating weight hr 60
Compressor rated by normal delivery of
22.10 free air per min at about 7kg/cm2,
complete with all tools, hoses, steel etc
(a) 6.0 - 7.4 m3/min hr 30
(b) 7.5 - 19.7 m3/min hr 30
(c) 19.8 - 25.5 m3/min hr 30
Cranes - Mobile Rubber Tyred Rough
22.11
Terrain Type
(a) 23.0 - 40.0 t max working load hr 90
22.12 Cranes - Excavator Cranes Tracked
(a) 20.0 - 28.0 t max working load hr 60
(b) 28.1 - 36.0 t max working load hr 60
(c) 26.1 - 56.0 t max working load hr 60
22.13 Small dumpers
(a) 750 - 1000 kg maker's rated payload hr 60
212
Excavator - hydraulic crawler or wheel

22.14
mounted, full circle slew (back actor)
(a) 14.0 - 17.0 t nominal weight of machine hr 60
Excavators - hydraulic wheeled dual
22.15
purpose (backhoe loader)
(a) 0.6 - 0.8 m3 rated bucket capacity hr 60
(b) 0.81 - 1.0 m3 rated bucket capacity hr 60
22.16 Pumps (inclusive of all hoses);
(a) 50 - 76 mm delivery hr 60
(b) 77 - 101 mm delivery hr 60
22.17 Tractors - Rubber Tyred Including Trailer
(a) 50 - 76 kw rated flyhweel power hr 50
Loaders
The basis of loader classification is the
society of Automotive Engineers of
America (SAE) rated capacity of the
bucket. The classification is based on the
largest general purpose bucket by the
manufacturer or the bucket size adopted
by the Contractor
Wheel Loaders - 4 wheel drive,
22.18
articulated;
(a) 1.5 - 2.00 m3 SAE rated capacity hr 30
(b) 2.01 - 3.40 m3 SAE rated capacity hr 30
(c) 3.41 - 5.35 m3 SAE rated capacity hr 30
22.19 Crawler Loaders;
(a) 0.8 - 1.30m3 SAE rated capacity hr 30
(b) 1.31 - 1.90m3 SAE rated capacity hr 30
(c) 1.91 - 2.5m3 SAE rated capacity hr 30
22.20 Concrete Mixers (wet capacity)
(a) up to 100 ℓ hr 30
(b) 151 - 200 ℓ hr 30
(c) 201 - 300 ℓ hr 30
22.21 Diesel Concrete vibrator - Poker Type hr 30
22.21 Lorries - Ordinary
(a) up to 7.5 t gross vehicle weight hr 30
(b) 7.6 - 12.0 t gross vehicle weight hr 30
22.22 Lorries - Tipper
(a) up to 11.0 t gross vehicle weight hr 30
(b) 11.1 - 17.0 t gross vehicle weight hr 30
(c) 17.1 - 25.5 t gross vehicle weight hr 30
22.23 Van, Pick-up or Similar Utility Vehicle
(a) up to 1.0 t carrying capacity hr 30
(b) 1.11 - 2.66 t carrying capacity hr 30
22.24 Water or Fuel Tanker - Self Propelled
(a) 3500 - 4550 ℓ capacity hr 30
213
(b) 4551 - 7000 ℓ capacity hr 30

(c) 7001 - 12000 ℓ capacity hr 30
22.25 Pressure Bitumen Distributor
(a) 3500 - 4500 ℓ capacity hr 30
(b) 4501 - 9000 ℓ capacity hr 30
22.26 Tipper (dump) truck
(a) 10 -15 t gross weight hr 60
(b) 16 - 25 t gross weight hr 60
22.28 Mechanical bitumen hand sprayer hr 45
22.27 Chips Spreader
(a) Self-propelled chip spreader or equivalent hr 45
22.28 Asphalt Paver
(a) Self-propelled asphalt paver hr 45
22.29 Mechanical broom hr 45
22.3 Pulvi-mixer hr 30
22.31 LABOUR
Note:The rate included herein shall
include all costs of labour,as well as
overtime, travelling time and cost of
accommodation ,social security
contributions ,use and maintenance of
small tools of trade,
supervision,insurance,overheads, profits
and any other cost
(a) Unskilled labour hr 1000
(b) Skilled labour hr 1000
MATERIALS
All items of materials must be priced in
accordance with the requirements of
clause 2202 (c) of the specifications
22.32 Shuttering timber
(a) Class F1 finish m2 150
(b) Class F2 finish m2 100
(c) Class F3 finish m2 100
22.33 Mild steel
(a) Up to and including 16 mm diameter t 2
(b) Over 16 mm diameter size t 1
22.34 High yield steel
(a) Up to and including 16 mm diameter t 2
(b) Over 16 mm diameter size t 4
22.35 Ordinary Portland Cement
(a) Ordinary Portland Cement t 7
22.36 Hydrated Lime
(a) Hydrated Lime t 6
22.37 Aggregates for Concrete
(a) Fine t 150
214
(b) Coarse t 150

22.38 Bitumen and Emulsions
(a) MC-70 ℓ 1000
(b) 80/100 ℓ 1000
(c) K1-70 ℓ 1000
22.39 Chippings
(a) Class 3, nominal size 10/14 t 15
(b) Class 3, nominal size 3/6 t 15
22.4 Gabion mesh size 2 x 1 x 1 m m2 50
22.41 Rock fill to gabions m3 30
22.42 Pentolite stick explosive or equivalent kg 20
22.43 Explosive fuse m 100
22.44 Detonating relay No. 200

SUMMARY
215
BILL NO. 24 : HIV/AIDS AWARENESS AND EDUCATION
ITEM DESCRIPTION UNIT RATE AAMOUNT

QUANTITY
Allow for PC Sum for Instituting a
24.01 P.C 1 5,000,000 5,000,000
HIV/AIDS awareness Campaign
Extra-over item 24.01 for
%
contractor's overheads and profit
Allow for P.C Sum for Instituting
24.02 P.C 1 4,000,000 4,000,000
a HIV/AIDS prevention Campaign
Extra-over item 24.02 for
%
24.03 HIV/AIDS training
Allow for P.C Sum for HIV/AIDS
(a) P.C 1 4,000,000 4,000,000
Training
Extra-over item 24.03(a) for
(b) %
SUMMARY
216
BILL NO. 26: ROAD SAFETY AWARENESS CAMPAIGN
Allow a P.C for Instituting a Road Safety

26.01 P.C 1.00 9,500,000 9,500,000
Awareness Campaign
Extra-over item 26.01 for contractor's
26.02 %
SUMMARY
217
BILL NO. 28: ENVIRONMENTAL MITIGATION MEASURES
Allow P.C Sum for the implementation of

the Environmental and Social
28.01 P.C 1.00 8,500,000.00 8,500,000.00
Management Plan (ESMP) during
construction
Extra over item 28.01 for Contractor's
28.02 %
profit and overheads
SUMMARY
218
APPENDIX 1.03 ENGINEER'S MAIN OFFICE AND FURNITURE
BOQ
BILLED
ITEM DESCRIPTION UNIT RATE (KSH) AMOUNT
QUANTITY
(KSH)
1. ENGINEER'S MAIN
OFFICE AND FURNITURE
Construct and maintain the RE'S
office for the entire contract
period, rate includes the building,
security, water, electricity, gas,
cleaning, tea, coffee etc in
A103/1.01 item 1
accordance with the
specifications. Measurement and
payments to be done in
accordance with clause 141(b) of
the standard Specs.
A103/1.02 3 Drawer steel filing cabinet No 6
Executive desk 2.2 x 0.9 m with
A103/1.03 No 2
six lockup drawers
Desk 2.2 x 0.9 m with chair and
A103/1.04 No 3
six lockup drawers
Standard office desk with
A103/1.05 No 3
three lockup drawers
Standard office desk with
A103/1.06 No 9
three drawers
Executive Swivel
A103/1.07 orthopeadic chair adjustable No 2
height
A103/1.08 Standard office chairs No 19
Bench 3 m long with cushioned
A103/1.09 No 1
backrest (located as directed)
A103/1.10 Reception desk No 1
A103/1.11 Reception chair No 3

Lockable steel stationery
A103/1.12 No 4
cupboard, 1.2 m³, lockable
Medium size steel filing cabinet,
A103/1.13 No 4
4 drawers lockable
Medium size steel filing cabinet,
A103/1.14 No 3
2 lockable drawers lockable
Bookshelf, 1.5 m wide 3 shelves
A103/1.15 No 4
(for box files) sliding glass door
A103/1.16 Conference table with 12 chairs No 1
Table 0.8 m2 surface area for
A103/1.17 No 1
making tea
Safe for cash and valuables
min.size approx. 0.8 x 0.5 x 0.4 m
A103/1.18 to be concreted in place No 2
(wall/floor mounted) complete
with lock and keys
Curtains for office and
A103/1.19 laboratory - for all windows and Set 2
doors
A103/1.20 Ceiling fans No 8
Air conditioner unit, 12000
A103/1.21 No 1
BTU/hr
219
Pendant / Battery powered wall

A103/1.22 No 10
clock
A103/1.23 Dust bins No 6
A103/1.24 Filing Tray No 10

Refrigerator minimum
A103/1.25 No 2
capacity 0.2 m³
A103/1.26 Cupboard, 0.15 m³, lockable No 1
Cooker 4 plate electric cooker
A103/1.27 No 1
with oven and grill
2. ENGINEER'S MAIN
OFFICE EQUIPMENT
A103/2.01 Intel pentium i7 laptop computer No. 8
Intel pentium i5 Desktop
A103/2.02 No. 5
computer
Digital camera (Equal or greater
A103/2.03 No. 4
than 15.2 megapixels)
Provision, installation, testing and
maintaining of a Local Area
A103/2.04 Network (LAN) with high speed Lsum 1
internet for the RE's office for the
entire duration of the project.
A103/2.05 A4 Laser Printer No. 4
A103/2.06 A3 Deskjet Printer No. 3

Stapling machine Ofrex size 50
A103/2.07 No. 4
or similar with 5000 staples
A103/2.08 Ordinary 2 hole paper punch No. 12
A103/2.09 Heavy duty 2 hole paper punch No. 2

Heavy duty punch and spiral
A103/2.10 binder, IBICO AG or similar No 2
approved
A103/2.11 Reams of A4 photocopying paper No 300
A103/2.14 First Aid kit No. 2

Provide and maintain 2No.
TASKalfa 5052ci A3 Color MFP
Printer (Print/Scan/Copy/Fax)
which is able to produce a min 50
ppm B&W, 50 ppm Color &
A103/2.15 No. 2
1200 x 1200 dpi with feeder
sorting trays, accessories and any
other supplies sufficient to
complete the project.1No. for use
by the Engineer.
2 No Civil 3D (Latest
Version) & 1 No. Civil Cad
(Latest Version).The price to
A103/2.16 No. 3
include training on the use of
softwares as will be directed by
the Engineer
220
12D Model software (Latest

Version).The price to include
A103/2.17 training by certified trainer on the No. 1
use of softwares as will be
directed by the Engineer
A103/2.18 Microsoft Office (Latest Version) No. 3
Microsoft Project (Latest
A103/2.19 No. 3
Version)
A103/2.20 UPS 1KVA surge protector No 10
A103/2.21 Fire Extinguisher No 4
TOTAL CARRIED TO BILL NO 1, ITEM 1.03
221
APPENDIX TO BILL ITEM 1.05 FURNITURE AND EQUIPMENT FOR THE ENGINEER'S
LABORATORY
ITEM DESCRIPTION UNIT BILLED RATE (KSH) BOQ AMOUNT (KSH)
QUANTITY
1. FURNITURE
104/1 Meeting table (3.0 x 1.2 m) with 6 No. 1

chairs
104/2 Ceiling fans No. 4
104/3 Air conditioner unit, 12000 No. 2

BTU/hr
104/4 Desk 2.2 x 0.9 m with 2 chest of No. 2
drawers
104/5 Office chairs, standard No 6
104/6 Chairs with arms No. 8
104/7 Table (1.5 x .75 m) with 2 No. 1

drawers and 2 chairs
104/8 4-drawer Steel lockable filing No. 2
cabinet
104/9 Electronic scientific calculator, 12 No. 4
figures
104/10 Fire extinguisher, 10 litre No. 2
capacity, CO2 type
104/11 Steel filing cabinet, 4 drawers, No 1
lockable
104/12 Steel filing cabinet, 2 drawers, No 1
lockable
104/13 Book shelf, 3 shelves 1.2 m No. 2
long (to hold box files)
104/14 First aid kit No. 1
104/15 Snake bite kit No. 1
104/16 Water filters No. 2
2. EQUIPMENT
i) General Equipment
104/17 Compaction mould complete with No. 4

base plate and extension collar,
101.6 mm dia. x 116.43 mm high
104/18 2.5 kg Compaction rammer, No. 4
drop regulated to 304.8 mm
104/19 4.535 kg compaction rammer, No. 4
drop regulated to 457.2 mm
104/20 Straight edge 300 mm long, with No. 6
handles
104/21 Electric vibrating Kango Hammer No 1
fitted with steel tamper
(BS1377) with support frame
104/22 Steel Tamper (BS 1377) No. 4
compatible with Kango hammer
104/23 Compaction mould complete with No. 4
base plate and extension collar,
152.4 mm dia. x 16.43 mm high
104/24 Galvanized sample tray 1 x 0.5 No. 6
x 75 mm deep
104/25 75 mm brush No. 10
104/26 Semi-automatic Electronic No. 1

balance , 25 kg capacity accurate
to 10 g, including weights
104/27 20 mm BS sieve, 300 mm No. 2
diameter
222
104/28 Stop Clock No. 2
104/29 Thermostatically controlled No. 2

electric oven 104 - 110 °C,
capacity 0.225 m³
104/30 As above but gas heated No 1
104/31 Moisture tin, 90 mm dia x 20 mm No. 100

deep, cadmium plated or
aluminium alloy
104/32 Cone penetrometer with gauge No. 1
and automatically controlled test
cup
104/33 Test gauge No. 1
104/34 Penetration test cup No. 2
104/35 Penetration test cone No. 3
104/36 Glass comparator No. 2
104/37 Glass plate No. 2
104/38 Evaporating Dish 150mm No. 4

diax45mm depth
ii) Density (Sand
Replacement method BS 1377)
104/39 Metal container (450 mm dia.) No. 4
104/40 Stainless steel tray, 305 mm dia No. 4

x 50 mm deep
104/41 Metal tray with 150 mm dia hole No. 3
in centre, 300 x 300mm
square or equivalent area, 400
mm deep
104/42 Metal tray with 200mm dia hole No. 3
in centre, 500 x 500mm square,
50 mm deep
104/43 Steel pegs for fixing tray in No. 20
position
104/44 Sand pouring cylinder, 150 mm No. 5
dia
104/46 Cold steel chisel 20 x 300 mm No. 6
long
104/47 Cold steel chisel 10 x 250 mm No. 6
long
104/48 1.5 kg (2 off), 3.5 kg (2 off) Set 3
mason hammers and 1 kg (2 off)
rubber mallet
104/49 Scoop for removing excavated No. 10
material from hole, 250 mm
long handle
104/50 100 mm brush, soft No. 4
104/51 50 mm brush, soft No. 6
104/52 Primus gas stove No. 3
104/53 Calibration can 150 mm dia x 150 No. 4

mm deep
iii) Density test
(Nuclear Density method
AASHTO T238)
104/55 Nuclear density gauge (Troxler No. 1
3411B or similar approved)
complete with hole forming
device (3 off) and guide (3 off)
iv) CBR (AASHTO T193)
223
104/56 50 kN CBR Load frame complete No. 1

with stabilising bar (electric and
hand operated)
including proving rings for 10
KN, 28 KN and 50 KN, piston
and bracket
104/57 CBR penetration piston No. 2
including bracket
104/58 Penetration gauge range 0 - 25 No. 2
mm travel x 0.01 mm divisions
104/59 CBR mould, 152.4 mm dia. x 178 No. 50
mm high, complete with
perforated base plate and
extension collar 50.8 mm high
that can be fitted to either end of
the mould
104/60 Perforated swell plate 150 mm No. 50
dia. With an adjustable centre
post of rustproof metal provided
with a lock nut
104/61 Swell tripod No. 50
104/62 Swell dial gauge No. 50
104/63 2.27 kg slotted surcharge weight No. 15
104/64 2.27 kg annular surcharge weight No. 30
104/65 2.8 kg solid base plate for CBR No. 4

mould
104/66 Central extruder, complete with No. 1
29 KN hydraulic jack and
accessories.
104/67 Spacer disc with “T” handle No. 4
104/68 Soaking tank for CBR mould No. 2

sufficient to hold at least 100
moulds
v)
Specific Gravity for Aggregates
(BS 812)
104/69 200 mm dia. Wire mesh basket No. 1
with apertures not greater than 6.5
mm large enough to contain 2.5
kg of aggregates
104/70 A stout watertight container in No. 1
which the basket can be freely
suspended
104/71 Soft absorbent cloth (tea towel) No. 20
104/72 Shallow tray of area not less than No. 4

0.065 m²
104/73 An airtight container of similar No. 2
capacity to the basket
104/74 Pycnometer of 1 ℓ capacity No. 4
104/75 Electronic automatic 5 kg No. 1

balance accurate to 0.1 g to be of
size and type to permit the basket
containing the sample to
be suspended in water (to be
supplied with weights)
104/76 Well ventilated oven, No. 1
thermostatically controlled to
maintain a temperature of 105
ºC+-5 ºC
vi) Sieve Analysis
104/77 Afull nest of 300mm diameter Set 3

sieves with aperture sizes ranging
from 75 micron to 75mm
(Sieve 300 mm dia: 75, 63, 50,
224
37.5, 28, 25,19, 20, 14,12.5,

10,9.5, 6.3, 5, 4.75 and 4 mm),
plus lid and reciever
104/79 Electric Sieve shaker No. 1
104/80 1.2 x 1.2 m x 50 mm deep No. 15

galvanized metal tray
104/81 Riffle box with 50 mm slots No. 2
vii) Concrete: Slump and

Cube Manufacture (BS 1881)
104/82 Slump cone, tamping rod and Set 3
base
104/83 Steel rule No. 2
104/84 Concrete cube mould 150 mm No. 20

cube (plastic mould)
104/85 Large curing tank (capacity 50 No. 1
No. Cubes)
viii) Concrete: Cube Compression
Testing
104/87 Concrete compression machine, No. 1
to BS 1610 Grade A with 300 mm
gauge, rectangular
platens, capacity 1560 kN with
load pacer together with 100 kN
flexural frame with accessories,
complete with a set of safety
guard, 20, 50, 80 and 100 mm
distance pieces and electro-
mechanical pacer
104/54 Complete set of Rebound hammer No 1
test equipmment
ix) Aggregate and Chippings
104/88 Sand equivalent equipment to Set 1

AASHTO T176 including a
graduated plastic measuring
cylinder, rubber stopper,
irrigator tube weighed foot
assembly, siphon assembly, 85
mℓ tinned box (57 mm dia),
wide mouth funnel (100 mm dia.),
stop clock, mechanical shaker and
10 ℓ working calcium chloride
solution
104/89 Los Angeles Abrasion machine Set 1
including 2 spare sets of
abrasive charges
104/90 Standard aggregate crushing value Set 3

apparatus, supplied complete with
cylinder, plunger, base plate,
tamping rod and measure.
104/92 Sodium sulphate test apparatus No. 10
104/93 Beaker 250mℓ No. 2
104/94 Reagent grade silica gel, 500 g No. 100

container
104/95 Tamping rod 8 mm dia. x 300 mm No. 1
long and metal measure 115 mm
dia. x 180 mm deep for above (BS
812)
104/96 Flakiness gauge (BS 812) No. 1
passing 10.0 mm retain 6.3 mm
225

x) Tray Spray and Spread
Rate Tests
104/103 Transverse distribution test of No. 1
bitumen spray (depot tray test to
BS 1707) equipment
104/104 Rate of spread of coated No. 4

chippings Tray and chains
104/105 Calibrated spring balance No. 4
104/106 Steel tray 306 x 306 x 38 mm (for No. 10

measuring bitumen spray rate)
104/107 Gunny sacks No. 400
104/108 Plastic bag 900 x 450 mm x 1000 No. 2000

gauge
104/109 Plastic bag 450 x 300 mm x 1000 No. 2000
gauge
104/110 Filter paper 150 mm dia. No. 40
Whatman No. 5 (Boxes of 100)
104/113 Cotton Waste (or drying cloth) KG 20

xi) Miscellaneous
104/115 Gas cylinders 13 kg No. 5
104/116 Padlocks No. 6
104/117 Plastic jerry cans 20 ℓ capacity No. 6
104/118 Paper punch No. 2
104/119 Stapler with pins Pkts 20
104/120 Tray lifting callipers No. 4
104/121 Laboratory dust coats-Brown No. 16
104/122 Laboratory dust coats-White No. 6
104/123 Asbestos gloves No. 16
104/124 Laboratory gumboots (assorted No. 16

sizes)
104/125 Wheel barrow No. 4
104/126 Dust pan plus brush No. 4
104/127 Hand shovel No. 6
104/128 Pick axe with handle No. 6
104/129 Metal scoop, large (120 x 190 x No. 4

70mm) cast aluminium handle
104/130 Metal scoop, large (70 x 110 x No. 6
40mm) cast aluminium handle
104/131 Garden trowel No. 4
226
104/132 Sample tray 306 x 306 x 38 mm No. 20
104/133 Spatula 200 mm blade No. 6
104/134 Spatula 100 mm blade No. 6
104/135 BS sieve 450 mm dia, 37.5 mm No. 1
104/136 BS sieve 450 mm dia, 20 mm No. 1
104/137 BS sieve 450 mm dia, 5 mm No. 1
104/141 Set of lid and receiver for item No. 1

212 to item 217
104/142 BS sieve brush double ended No. 4
brass and nylon bristle
104/143 Measuring cylinders plastic with set 3
sprout 100mℓ, 250mℓ, 500mℓ
capacity
104/144 Glass jar capacity 5 ℓ with lid No. 10
104/145 200mmx200mmx20mm cadmium No. 50

plated or aluminium tin
104/146 Electronic Automatic balance, No. 1
capacity 1000 g accurate to 0.01 g

capacity 2100 g accurate to 0.1 g

capacity 50 kg accurate to 10 g
104/149 Dial -0-gram balance 310 g No. 1

capacity accuracy to 0.1 g
104/150 Field and laboratory scale with No. 1
scoop 10000 g capacity accurate
to 1.0 g
104/151 Distilled water still No. 1
104/152 Polythene or glass 20 ℓ storage No. 2

vessels with tap at bottom
104/153 Set of stiff broom and soft broom No. 5
with handles
104/154 Vernier callipers, 150 mm, No. 1
accurate to 0.1 mm
104/155 As above but 200 mm, accurate to No. 1
0.002 mm
104/156 Pestle and mortar No. 2
104/157 Linear shrinkage mould (BS No. 25

1377)
104/158 Average least dimension gauge No. 2
104/159 Lockable tool box containing: No. 1

1pair "Molegrip" 2 x 150 mm
screw driver, 2 x 200 mm screw
driver, 2 x 300 mm screw driver,
(1 std and 1 'Phillips' star head
of each), adjustable spanners 200
mm and 300 mm, 1 pr Round-
nosed pliers, 1 pair general
purpose pliers
104/160 Plastic or metal bucket No. 10
including lid, 10 ℓ capacity
104/161 Polythene wash bottle No. 6
227
104/162 A4 size clipboard No. 10
104/163 Mercury thermometer, range- No. 4

1de.cent. To 15 deg.cent glass
(BS 593)
104/164 Minimum and maximum No. 2
thermometer(BS 692)
104/165 Rain gauge No. 4
104/166 Portable Laser thermometer No. 3

+50°C to +2500 °C accurate to ±3
% with 0.65m long stem
104/167 As above but with 0.1 m long No. 2

stem
104/168 5 ℓ capacity steel storage No. 100
container with leak and
dustproof lids for storage of
bitumen samples
104/169 Hotplate 200 mm dia. with No. 2
simmerstat heat control unit
104/170 450 mm dia x 150 mm deep No. 20
metallic karais
104/171 MOT straight edge with No. 1
accessories
104/172 Metric wedge No. 1
104/173 Transit case No. 1
xii) Standard
Specification (Copies of each of
the latest editions of
the following Standards)
104/174 KS 1725 No. 1
104/175 BS 812, Testing aggregates No. 1
104/176 BS 882:1992, Specification for No. 1

aggregates from natural sources
for concrete (AMD 13579) (No
longer current but cited in
Building Regulations)
104/177 BS 1377: 1990, Methods of No. 1
testing soils for Civil
engineering purposes
104/178 BS 1881: Methods of testing No. 1

concrete
104/179 BS 434-2:2006, Bitumen road No. 1
emulsions. Code of practice for
use of cationic bitumen emulsions
on roads and other paved areas
104/180 BS 1924, Stabilised materials No. 1
for civil engineering purposes
104/181 BS EN 1008:2002, Mixing No. 1

water for concrete
104/182 BS 4449:2005, Steel for the No. 1
reinforcement of concrete -
Weldable reinforcing steel -
Bar, coil and decoiled product -
Specification (+A2:2009)
104/183 BS 8666:2005, Scheduling, No. 1
dimensioning, bending and
cutting of steel reinforcement for
concrete - Specification
(incorporating Amendment No.1)
104/184 BS 4483:2005, Steel fabric for the No. 1
reinforcement of concrete -
specification (AMD 17105)
104/185 BS EN 196:2005, Methods of No. 1

testing cement
228
104/186 BS 5911-200:1994: Precast No. 1

concrete pipes and ancillary
concrete products.
Unreinforced and reinforced
manholes and soakaways of
circular cross section (AMD
11031) (AMD 13205) (No longer
current but cited in
Building Regulations)
104/187 BS 8004: Code of practice for No. 1
foundations
104/188 Overseas Road Note 3, (ORN 3), No. 1
A guide to surface dressing in
tropical and sub-tropical countries
104/189 AASHTO Part I: Specifications No. 1
104/190 AASHTO Part II: Tests No. 1
104/191 Asphalt Institute Standards: MS- No. 1

2, Mix design methods for asphalt
concrete and other hot- mix types
xiii) Marshall Test

(ASTM D1559)
104/192 Petrol driven 100 mm dia core No. 1
cutter with all accessories
104/193 Specimen mould + base plate + No. 10
extension collar
104/194 Specimen extractor No. 2
104/195 Compaction hammer No. 2
104/196 Compaction pedestal + specimen No. 2

mould holder
104/197 Breaking head mould No. 1
104/198 Electrical 30 kN Marshall No. 1

compression testing machine
104/199 Suitable electrically operated No. 1
laboratory mixer, 10 ℓ capacity
104/200 Proving ring 28 kN capacity No. 1
graduated in 0.0025 mm
104/201 Flow-meter No. 2
104/202 Suitable mechanical mixer No. 1
104/203 Water bath at least 150 mm deep No. 1

thermostatically controlled to
maintain water at 60 °C ± 1 °C
with a perforated false bottom or
equipped with a shelf to support
specimen 50mm above the bottom
of the bath, with cover
104/204 Thermometer (50 °C to 25 °C) 50 No. 2
mm dia with 180 mm stainless
steel stem
104/205 Bench mounted mixer, 5 ℓ No. 2
capacity with isomantle electric
heater
xiv) Bitumen Extraction Test
(a) Cold extraction Bottle Roller

Method, BS 598:102
104/206 Electronic top pan balance 4 kg No. 1
capacity
104/207 Flat bottomed scoop No. 3
104/208 Steel garden trowel No. 2
104/209 Large steel spoon No. 2
104/210 Heat resistant gloves pair 10
229
104/211 Bowl centrifuge extractor No. 2

Equipment full set +accessories
104/220 Binder recovery apparatus No. 1
104/221 Volumetric flask 250 mℓ, 500 mℓ, No. 2

100 mℓ and 2000 mℓ
capacity each
104/222 Recovery still for No. 1
Dichloromethane
(b) Hot Extraction Method, BS
598
Compactors
104/224 Gyratory compactor by gyrocomp No. 1

manufactured by controls or
equivalent with 1 No 100 mm and
1 No 150 mm dia mould - BS EN
12697-31
104/225 Percentage Refusal Density No. 1
(PRD) Vibrating hammer
compactor complete with shanks,
tampers (small and large), 6 split
moulds, 7 base plates from ELE
or equivalent - BS EN 12697-32
xv) Consumables
104/226 Paraffin wax kg 50
104/227 Gas kg 1800
104/228 Filter paper 270 mm dia., 33 mm No. 15

with dia. Hole in centre, Whatman
No 5 (Box of 100)
104/229 Trichloroethylene kg 2000
104/230 Dichloromethane kg 1000
230
CONSTRUCTION OF MAU MAU ROADS: LOT 1B- KIAMBU COUNTY SECTION
APPENDIX TO BILL ITEM 1.07: ENGINEER'S SURVEY EQUIPMENT
ITEM DESCRIPTION UNIT BILLED RATE BOQ AMOUNT

QUANTITY (KSH) (KSH)
ENGINEER'S SURVEY
EQUIPMENT
1/105 Engineer's Automatic/dumpy Level No 2
with accessories and tripod
2/105 Total station complete with a Field No 1

Data collector Leica, equivalent
including accessories and supporting
software (1") plus tripod
3/105 Survey umbrella No 3
4/105 Levelling staff 5m , 5 section with No 6

levelling bubble
5/105 3m, 3 section ranging rod No 12
6/105 Laser distancer No 2
7/105 Walkie Talkies No 4
8/105 Prism pole No 4
9/105 50m fireglass measuring tape No 10
10/105 7m tape measure No 15
11/105 Prism pole holder No 4
12/105 Pangas (16") No 4
13/105 Level books (Rise and fall) No 300
14/105 Sledge hammer 2kg weight No 4
15/105 Refrlective road safety vests No 20
16/105 Rapid charger No 1
17/105 Spare batteries No 4
18/105 Optical squares No 4
19/105 Spirit level for staves No 4
20/105 Steel hammer (4kg) No 2
21/105 Tripple prism mount with reflectors No 3
22/105 RTK GPS set consisting of base + No 1

Rover and accessories (including
external radio)
231
PART 7: PUBLIC PROCURMENT ADMINISTRATIVE REVIEW

BOARD FORM
232
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender
No………..…of
…………..20…
REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the
Public
Procurement Administrative Review Board to review the whole/part of the above
mentioned decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on
………… day of ………....20….………
SIGNED
Board Secretary
237
233

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CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION - TENDER DOCUMENT

CONSTRUCTION OF MAU MAU ROAD

TENDER No: KeNHA/2219/2019

33 NOTIFICATION OF AWARD ................................................................................................... 27

142 ENVIRONMENTAL PROTECTION ............................................................................ 138

818 SCOUR CHECKS ............................................................................................................. 152

1728 REINFORCEMENT FOR CONCRETE .................................................................... 168

SECTION 1: INVITATION TO TENDER

INVITATION FOR BIDS

CONSTRUCTION OF MAU MAU ROAD: LOT 1B_KIAMBU COUNTY SECTION

Deputy Director, Supply Chain Management

i. Duly filled form of Bid.

v. Firm’s commitment to source at least 40% of Supplies from Kenyan Citizen

so as to be received on or before Thursday, 31st October 2019 at 11.00am.

Deputy Director Supply Chain Management

SECTION 2: INSTRUCTIONS TO BIDDERS

SECTION II: INSTRUCTIONS TO BIDDERS

B. BIDDING DOCUMENTS ................................................................................................. 6

9 Contents of Bidding Documents .......................................................................................... 6

C. PREPARATION OF BIDS ................................................................................................ 8

D. SUBMISSION OF BIDS .................................................................................................. 12

21 Sealing and Marking of Bids ............................................................................................. 12

E. BID OPENING AND EVALUATION ........................................................................... 13

25 Bid Opening ....................................................................................................................... 13

26 Process to be Confidential ................................................................................................. 13

28 Examination of Bids and Determination of Responsiveness ............................................. 14

F. AWARD OF CONTRACT .............................................................................................. 16

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or

QUALIFICATION OF THE BIDDER

(d) Current litigation information

(f) Availability of key technical personnel

(h) History of non performing contracts

ONE PER BIDDER

9 CONTENTS OF BIDDING DOCUMENTS

(a) Part 1: Bidding Procedures

Section III: Bidders Evaluation & Qualification Criteria

(b) Part 2: Bid Requirements

(c) Part 3: Conditions of Contract & Form of Agreement

Section VIIB: Particular Conditions of Contract

(d) Part 4: Specifications for the Works

Section X: Particular Specifications for the Works

(e) Part 5: Bills of Quantities

Section XII: Book of Drawings

10 CLARIFICATION OF BIDDING DOCUMENTS

11 AMENDMENT OF BIDDING DOCUMENTS

13 DOCUMENTS COMPRISING THE BID

5. Letter of Bid Security (Bid Bank Guarantee)

6. Letter of Bid Security Declaration

8. Schedule of Local Labour Basic Rates

10. Priced Bills of Quantities

11. Schedules of information

15 CURRENCY OF THE BID AND PAYMENT

(a) If a bidder withdraws his bid, except as provided in Sub-clause 24.2

1. Sign the Contract Agreement or

20 FORMAT AND SIGNING OF BIDS

21 SEALING AND MARKING OF BIDS

22 DEADLINE FOR SUBMISSION OF BIDS

24 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF BIDS

_______ Day of 20

held on____________ day of20_