BILLS OF QUANTITIES NAIROBI. - Chuka University 2017/Section 2... · 2017-06-05 · The contractor...

PROJECT:- CHUKA UNIVERSITY ADMINISTRATION BLOCK (PRELIMS)

CLIENT:- CHUKA UNIVERSITY

PROJECT ARCHITCT:- BASELINE ARCHITECTS.

LOCATION:- CHUKA - THARAKA NTHI COUNTY

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SIGNATURE PAGE

BILLS OF QUANTITIESSupplied as part of the Contract for the construction of the Proposed Administration BlockDevelopment for Chuka University

Prepared and issued by :-

Impetus Cost Consultant LimitedProject Quantity SurveysP. O. Box 22006 - 00100,NAIROBI.

The Contract for the above works entered into on the ............................ day of ................…….year ……….…., by the undersigned parties refers to these Bills of Quantities consisting of those pagesnumbered on the index page ( ii ) which shall be read and construed as part of the said contract.

Signed ( Employer) .........................................................…...

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

...............................................................( authorised signatory )

Signed (Contractor) .........................................................…...

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

...............................................................( authorised signatory )

Carried to Final Summary K s h Section No. 1Bill No. 1SIGNATURE PAGEM/s Impetus Cost Consultants Limited

Building Economists & Quantity Surveyors

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INSTRUCTION TO TENDERERS

SPECIAL NOTES

The contractor is required to check the number of pages of these Bills of Quantities together with allsummaries and should he find any missing or indistinct, he must inform the Quantity Surveyor,Chuka University at once and have the same rectified.

Should the contractor be in any doubt of the precise meaning of any item or figure for any reasonwhatsoever, he must inform the Quantity Surveyor, Chuka University so that the correct meaningmay be decided before the date of submission of tenders.

The contractor shall check the printed hard copy and compare it with the soft copy posted in thewebsite of the Chuka University (www.chuka.ac.ke). Where there is a difference between the softcopy as posted in the website and the printed copy, the soft copy shall prevail. The contractor shallinform the Quantity Surveyor, Chuka University at once so that corrections are made, beforesubmission of the tenders, in order to ensure that the hard (printed) copy is a replica of the soft copyposted in the Chuka University website.

All the documents submitted by the bidder should be properly serialized and bound in a logical andappropriate manner.

Neither liability will be admitted nor claim allowed in respect of errors in the contractor's tender dueto mistakes in the Bills of Quantities that could have been rectified in the manner described above.

PRINTING AND PREPARATION OF TENDER DOCUMENTS

The Builder work is in Six Sections namelya) Technical Proposalb) Preliminariesc) Main Towerd) Senate Chamberse) AuditoriumF) Primecost and provisional Sums.

The Bidders are advised to print and arrange the document as per the table of content with each andevery section being separated with the separators there in attached.

Carried to Collection K s h Section No. 2Bill No. 1INSTRUCTION TO TENDERERSM/s Impetus Cost Consultants Limited


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INSTRUCTIONS TO TENDERERS

Tender documents shall be returned in a sealed envelope in the manner and time as indicated herebelow.

Form of Tender, Instructions to Tenderers, Surety Undertaking, Tendering Conditions and the pricedBills of Quantities should be returned in a sealed envelope clearly marked:-

PROPOSED CHUKA UNIVERSITY ADMINISTRATION BLOCK COMPLEX."

Tender documents may be sent by post or deposited at the Developers offices:-

CHUKA UNIVERSITY.P.O Box 109 - 60400CHUKA

located at Chuka University Approximately 200 KM along Embu - Meru Road

Date: On or before the date and time stated in the advertisement.

The tenders will be opened immediately thereafter at the Clients Boardroom and the tenderers ortheir representatives are invited to attend the tender opening.

All tender documents received after the time stipulated above shall NOT BE OPENED and any suchtender shall not be considered in any way.

All documents must be filled in ink and no alterations shall be made on the Form of Tender provided.

No unauthorised additions, omissions, alterations, corrections etc shall be made in these tenderdocuments without the consent of the Consultant Quantity Surveyor. Any discrepancies orambiguities must be referred to the Project Quantity Surveyor on Cell Phone No:- 0724-982274;0700-064446 or Email Address:- [email protected] or Chuka University Architects on CellPhone No 0721-218525 and or Chuka University Quantity Surveyor on Cell No 0722-670935 forclarification before tendering.

The tender must be validly witnessed.

The domestic Sub-Contractors to work with the successful tenderer must be registered with therelevant Ministries. Proof of registration will be required.



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The tenderer is to insert his rates in the appropriate columns and extend totals to the appropriatesummaries. If any item is not priced by the tenderer, he shall be deemed to have includedelsewhere the cost of performing the work in the item not priced.

Failure to comply with any of these instructions will make the tenders thus submitted liable fordisqualification and rejection.

TENDERING CONDITIONS

(A) The tender validity period shall be One Hundred and Fifty (150) days from tender opening date with an option of extension by further Sixty (60) days from expiry of tender validity period.

(B) If the tender is accepted, the tenderer must provide within SEVEN (7) days a bond as laiddown in the Bills of Quantities. Such Bond must be provided by an established Bank, InsuranceCompany or Fidelity Guarantee Corporation to the approval of the Employer, who has also theoption of requiring a cash deposit of equivalent amount instead of Bond.

(C) The Employer is not bound to accept any tender and until a formal agreement is signed, thistender does not form a binding contract between the tenderer and the Employer.

(D) Form of Tender, Instructions to tenderers, Surety Undertaking and these TenderingConditions are to form part of the contract.

(E) Tenders are submitted on the understanding that all materials necessary for carrying outof the works are always available and no claim shall be entertained s h o u l d materials availabilitybe a constraint.



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Section No. 2

Bill No. 1

INSTRUCTION TO TENDERERS

COLLECTION

AmountKshs

Total Brought Forward from Page No. -30-

-31-

-32-

Carried to Final Summary K s h Section No. 2Bill No. 1INSTRUCTION TO TENDERERSM/s Impetus Cost Consultants Limited


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STANDARD FORM

FORM OF TENDER

A TO: __________________________[Name of Employer)____________[Date]

__________________________[Name of Contract]Dear Sir,1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

Quantities for the execution of the above named Works, we, the undersigned offer toconstruct, install and complete such Works and remedy any defects therein for thesum of Kshs._____________________________[Amount in figures]Kenya Shillings___________________________________________________________________________________________[Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Project Managers notice tocommence, and to complete the whole of the Works comprised in the Contract withinthe time stated in the Appendix to Conditions of Contract.

2. We agree to abide by this tender for One Hundred and Fifty Days (150) and as perclause A of the Instructions to tenderers, and it shall remain binding upon us and may beaccepted at any time before that date.

3. Unless and until a formal Agreement is prepared and executed this tender together withyour written acceptance thereof, shall constitute a binding Contract between us.

4. We understand that you are not bound to accept the lowest or any tender you mayreceive.

Dated this _____ day of ______________20_________Signature ________________in the capacity of__________________duly authorized to sign tenders for and on behalf of_______________________________________[Name of Employer]of______________________________________[Address of Employer]Witness; Name______________________________________ Address_____________________________________

Signature___________________________________ Date_______________________________________ -

Carried to Final Summary K s h Section No. 3Bill No. 1FORM OF TENDERM/s Impetus Cost Consultants Limited


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STANDARD FORM

BID BOND

(To be completed by the guarantor before submitting the tender)

Whereas ……………………………………………………………………….. (Name of the tenderer)Has submitted its tender dated …………………………………………………. for the construction, completion and maintenance of………………………….………………………………………………………………………………………………..……………………………………………………………………KNOW ALL MEN by these present that we ……………………………………. (Name of guarantor) …………………………………………. (Registered address)

Are bound unto the government of Kenya (herein after called ''theemployer") in the sum of Kenya shillings (words) (As stated in theadvertisement) for which payment shall well and truly be made tothe said employer.

The guarantor binds itself, its successors and assignees to thesepresents sealed with the common seal of the guarantor tits…………….. day of ………..…….. 20….

THE CONDITIONS of this obligation are: - ( a ) If the tenderer withdraws the tender during theperiod of tender validity specified in the form oftender or … ( b ) If the tenderer, having being notified of theacceptance of its tender, (i) Withdraws or

( i i ) Fails or refuses to execute the ContractAgreement when required in accordancewith the conditions of tendering ( i i i ) Fails or refuses to furnish theperformance bond guarantee required inaccordance with the conditions of tendering

Carried to Collection K s h Section No. 4Bill No. 1BID BONDM/s Impetus Cost Consultants Limited


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Provided such notification shall have been made to the tendererduring the period of tender validity.

We undertake to pay the employer an amount not exceeding theabove stated amount upon receipt of its first written demandwithout having to substantiate its demand. Provide that in itsdemand the employer shall state that the amount claimed by him isdue to the occurrence of one or more of the stated CONDITIONS.

The validity of this guarantee shall be until one hundred and eighty(180) days from the time of tender opening. At the request of theemployer the tender validity may be extended by mutual agreementbetween the employer and the tenderer and we undertake toextend the validity of this guarantee accordingly, without you havingto inform us of such extension of tender validity period.

Carried to Collection K s h Section No. 4Bill No. 1BID BONDM/s Impetus Cost Consultants Limited


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Section No. 4

Bill No. 1

BID BOND

COLLECTION

Page AmountNo Kshs


-36-

Carried to Final Summary K s h Section No. 4Bill No. 1BID BONDM/s Impetus Cost Consultants Limited


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STANDARD FORM

SURETY UNDERTAKING

(To be completed by the guarantor before submitting the tender)

I/We the undersigned am/are willing to provide a Bond to theTenderer

M/S ................................................................................………………..........

To be firmly bound to M/s CHUKA UNIVERSITY for due performanceof the works described in these tender documents.

The Bond will be 5% of the tender sum.

I/We also understand that this Bond shall not be required if thetenderer's offer is not accepted by M/s CHUKA UNIVERSITY

Name and Address of guarantor (Capital Letters)

M/S ................................................................………………..............................................................………………................………......................................

Signature:...........................................................Date ................………………..........

Carried to Final Summary K s h Section No. 5Bill No. 1SURETY UNDERTAKINGM/s Impetus Cost Consultants Limited


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STANDARD FORM

LETTER OF ACCEPTANCE

A [letterhead paper of the Employer]

_______________________[date]

To: _______________________[name of the Contractor]

_____________________[address of the Contractor]

Dear Sir,This is to notify you that your Tender dated ___________________________for the execution of ________________________________________________[name of the Contract and identification number ,as given in the Tender documents] for theContract Price of Kshs. __________________________ [amount in figures][KenyaShillings______________________________(amount in words) ] in accordance with theInstructions to Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance withthe Contract documents.

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

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

Attachment : Agreement -

Carried to Final Summary K s h Section No. 6Bill No. 1LETTER OF ACCEPTANCEM/s Impetus Cost Consultants Limited


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STANDARD FORM

FORM OF AGREEMENT

A THIS AGREEMENT, made the _________________ day of ________ 20 ______between________________________________________________of[or whose registered officeis situated at]__________________________________________(hereinafter called the Employer) of the one part AND________________________________________________________of [or whose registeredoffice is situated at]_________________________________________(hereinafter called the Contractor) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes________________________________________________________________________(name and identification number of Contract ) (hereinafter called the Works) located at______________________________[Place/location of the Works]and the Employer hasaccepted the tender submitted by the Contractor for the execution and completion of suchWorks and the remedying of any defects therein for the Contract Price ofKshs___________________________[Amount in figures],KenyaShillings_____________________________________________[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

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

2. The following documents shall be deemed to form and shall be read and construed

as part of this Agreement i.e.(i) ( Letter of Acceptance(ii) Form of Tender(iii) Conditions of Contract Part I(iv) Conditions of Contract Part II and Appendix to Conditions of

Contract(v) Specifications(vi) Drawings(vii) ( Priced Bills of Quantities

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby

covenants with the Employer to execute and complete the Works and remedy any

Carried to Collection K s h Section No. 7Bill No. 1FORM OF AGREEMENTM/s Impetus Cost Consultants Limited


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defects therein in conformity in all respects with the provisions of the Contract.

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

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

The common Seal of _____________________________________________

Was hereunto affixed in the presence of _______________________________

Signed Sealed, and Delivered by the said ______________________________

Binding Signature of Employer ______________________________________

Binding Signature of Contractor _____________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

(ii) Name ______________________________________

Address____________________________________

Signature___________________________________ -

Carried to Collection K s h Section No. 7Bill No. 1FORM OF AGREEMENTM/s Impetus Cost Consultants Limited


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Section No. 7

Bill No. 1

FORM OF AGREEMENT

COLLECTION

AmountKshs


-41-

Carried to Final Summary K s h Section No. 7Bill No. 1FORM OF AGREEMENTM/s Impetus Cost Consultants Limited


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SPECIAL CONDITIONS OF CONTRACT

23. PAYMENT CERTIFICATES, CURRENCY OF PAYMENTS AND ADVANCE PAYMENTS

A 2 3 . 1 The Contractor shall submit to the Project Manager monthlyapplications for payment giving sufficient details of the Work done andmaterials on Site and the amounts which the Contractor considers himself tobe entitled to. The Project Manager shall check the monthly application andcertify the amount to be paid to the Contractor within 14 days. The value ofWork executed and payable shall be determined by the Project Manager.

23.2 The value of Work executed shall comprise the value of thequantities of the items in the Bills of Quantities completed; materialsdelivered on Site, variations and compensation events. Such materials shallbecome the property of the Employer once the Employer has paid theContractor for their value. Thereafter, they shall not be removed from Sitewithout the Project Managers instructions except for use upon the Works.

23.3 Payments shall be adjusted for deductions for retention. TheEmployer shall pay the Contractor the amounts certified by the ProjectManager within 60 days of the date of issue of each certificate. If theEmployer makes a late payment, the Contractor shall be paid simple intereston the late payment in the next payment. Interest shall be calculated on thebasis of number of days delayed at a rate three percentage points above theCentral Bank of Kenyas average rate for base lending prevailing as of the firstday the payment becomes overdue.

23.4 If an amount certified is increased in a later certificate or as aresult of an award by an Arbitrator, the Contractor shall be paid interest uponthe delayed payment as set out in this clause. Interest shall be calculatedfrom the date upon which the increased amount would have been certified inthe absence of dispute.

23.5 Items of the Works for which no rate or price has been enteredin will not be paid for by the Employer and shall be deemed covered by otherrates and prices in the Contract.

23.6 The Contract Price shall be stated in Kenya Shillings. Allpayments to the Contractor shall be made in Kenya Shillings and foreigncurrency in the proportion indicated in the tender, or agreed prior to the

Carried to Collection K s h Section No. 8Bill No. 1SPECIAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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execution of the Contract Agreement and indicated therein. The rate ofexchange for the calculation of the amount of foreign currency payment shallbe the rate of exchange indicated in the Appendix to Conditions of Contract.If the Contractor indicated foreign currencies for payment other than thecurrencies of the countries of origin of related goods and services theEmployer reserves the right to pay the equivalent at the time of payment inthe currencies of the countries of such goods and services. The Employer andthe Project Manager shall be notified promptly by the Contractor of anchanges in the expected foreign currency requirements of the Contractorduring the execution of the Works as indicated in the Schedule of ForeignCurrency Requirements and the foreign and local currency portions of thebalance of the Contract Price shall then be amended by agreement betweenEmployer and the Contractor in order to reflect appropriately such changes.

2 3 . 7 No advance payment will be granted to the main contractor andsubcontractors. -

Carried to Collection K s h Section No. 8Bill No. 1SPECIAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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Section No. 8

Bill No. 1

SPECIAL CONDITIONS OF CONTRACT

COLLECTION

AmountKshs


-44-

Carried to Final Summary K s h Section No. 8Bill No. 1SPECIAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS

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

Bill of Quantities means the priced and completed Bill of Quantities formingpart of the tender.

Compensation Events are those defined in Clause 24 hereunder.

The Completion Date means the date of completion of the Works as certifiedby the Project Manager, in accordance with Clause 31.

The Contract means the agreement entered into between the Employer andthe Contractor as recorded in the Agreement Form and signed by the partiesincluding all attachments and appendices thereto and all documentsincorporated by reference therein to execute, complete, and maintain theWorks,

The Contractor refers to the person or corporate body whose tender to carryout the Works has been accepted by the Employer.

The Contractors Tender is the completed tendering document submitted bythe Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance andthereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days; Months are calendar months.

A Defect is any part of the Works not completed in accordance with theContract.

The Defects Liability Certificate is the certificate issued by Project Managerupon correction of defects by the Contractor.

The Defects Liability Period is the period named in the Contract Data andcalculated from the Completion Date.

Carried to Collection K s h Section No. 9Bill No. 1GENERAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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Drawings include calculations and other information provided or approved bythe Project Manager for the execution of the Contract.

Day works are Work inputs subject to payment on a time basis for labour andthe associated materials and plant.

Employer, or the Procuring entity as defined in the Public ProcurementRegulations (i.e. Central or Local Government administration, Universities,Public Institutions and Corporations, etc) is the party who employs theContractor to carry out the Works.

Equipment is the Contractors machinery and vehicles brought temporarily tothe Site for the execution of the Works.

The Intended Completion Date is the date on which it is intended that theContractor shall complete the Works. The Intended Completion Date may berevised only by the Project Manager by issuing an extension of time or anacceleration order.

Materials are all supplies, including consumables, used by the Contractor forincorporation in the Works.

Plant is any integral part of the Works that shall have a mechanical, electrical,chemical, or biological function.

Project Manager is the person named in the Appendix to Conditions ofContract (or any other competent person appointed by the Employer andnotified to the Contractor, to act in replacement of the Project Manager) whois responsible for supervising the execution of the Works and administeringthe Contract and shall be an Architect or a Quantity Surveyor registered underthe Architects and Quantity Surveyors Act Cap 525 or an Engineer registeredunder Engineers Registration Act Cap 530.

Site is the area defined as such in the Appendix to Condition of Contract.

Site Investigation Reports are those reports that may be included in thetendering documents which are factual and interpretative about the surfaceand subsurface conditions at the Site.



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Specifications means the Specifications of the Works included in the Contractand any modification or addition made or approved by the Project Manager.

Start Date is the latest date when the Contractor shall commence executionof the Works. It does not necessarily coincide with the Site possessiondate(s).

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

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

A Variation is an instruction given by the Project Manager which varies theWorks.

The Works are what the Contract requires the Contractor to construct, install,and turnover to the Employer, as defined in the Appendix to Conditions ofContract. -



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2. INTERPRETATION

A 2 . 1 In interpreting these Conditions of Contract, singular also meansplural, male also means female or neuter, and the other way around.Headings have no significance. Words have their normal meaning in EnglishLanguage unless specifically defined. The Project Manager will provideinstructions clarifying queries about these Conditions of Contract.

2.2 If sectional completion is specified in the Appendix to Conditionsof Contract, reference in the Conditions of Contract to the Works, theCompletion Date and the Intended Completion Date apply to any section ofthe Works (other than references to the Intended Completion Date for thewhole of the Works).

2.3 The following documents shall constitute the Contract documents andshall be interpreted in the following order of priority;(1) ( Agreement,(2) Letter of Acceptance,(3) Contractors Tender,(4) Appendix to Conditions of Contract,(5) Conditions of Contract,(6) Specifications,(7) Drawings,(8) Bill of Quantities,(9) Any other documents listed in the Appendix to

Conditions of Contract as forming part of the Contract.

Immediately after the execution of the Contract, the Project Manager shall furnishboth the Employer and the Contractor with two copies each of all the Contractdocuments. Further, as and when necessary the Project Manager shall furnish theContractor [always with a copy to the Employer] with three [3] copies of suchfurther drawings or details or descriptive schedules as are reasonably necessaryeither to explain or amplify the Contract drawings or to enable the Contractor tocarry out and complete the Works in accordance with these Conditions.

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3. LANGUAGE AND LAW

A 3 . 1 Language of the Contract and the law governing the Contractshall be English language and the Laws of Kenya respectively unless otherwisestated.

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4. PROJECT MANAGER’S DECISIONS

B 4 . 1 Except where otherwise specifically stated, the Project Managerwill decide contractual matters between the Employer and the Contractor inthe role representing the Employer.

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5. DELEGATION

C 5 . 1 . The Project Manager may delegate any of his duties andresponsibilities to others after notifying the Contractor.

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6. COMMUNICATIONS

D 6 . 1 . Communication between parties shall be effective only when in writing.A notice shall be effective only when it is delivered.

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7. SUBCONTRACTING

E 7 . 1 The Contractor may subcontract with the approval of the ProjectManager, but may not assign the Contract without the approval of theEmployer in writing. Subcontracting shall not alter the Contractorsobligations.

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8. OTHER CONTRACTORS

A 8 . 1 The Contractor shall cooperate and share the Site with other contractors,public authorities, utilities etc. as listed in the Appendix to Conditions ofContract and also with the Employer, as per the directions of the ProjectManager. The Contractor shall also provide facilities and services for them.The Employer may modify the said List of Other Contractors etc., and shallnotify the Contractor of any such modification.

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9. PERSONNEL

B 9 . 1 The Contractor shall employ the key personnel named in theQualification Information, to carry out the functions stated in the saidInformation or other personnel approved by the Project Manager. The ProjectManager will approve any proposed replacement of key personnel only iftheir relevant qualifications and abilities are substantially equal to or betterthan those of the personnel listed in the Qualification Information. If theProject Manager asks the Contractor to remove a person who is a member ofthe Contractors staff or work force, stating the reasons, the Contractor shallensure that the person leaves the Site within seven days and has no furtherconnection with the Work in the Contract.

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10. WORKS

C 1 0 . 1 The Contractor shall construct and install the Works in accordance withthe Specifications and Drawings. The Works may commence on the Start Dateand shall be carried out in accordance with the Program submitted by theContractor, as updated with the approval of the Project Manager, andcomplete them by the Intended Completion Date.

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11. SAFETY AND TEMPORARY WORKS

A 1 1 . 1 The Contractor shall be responsible for the design of temporaryworks. However before erecting the same, he shall submit his designsincluding specifications and drawings to the Project Manager and to any otherrelevant third parties for their approval. No erection of temporary works shallbe done until such approvals are obtained.

11.2 The Project Managers approval shall not alter the Contractorsresponsibility for design of the Temporary works and all drawings prepared bythe Contractor for the execution of the temporary or permanent Works, shallbe subject to prior approval by the Project Manager before they can be used.

11.3 The Contractor shall be responsible for the safety of all activitieson the Site.

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12. DISCOVERIES

B 1 2 . 1 Anything of historical or other interest or of significant valueunexpectedly discovered on Site shall be the property of the Employer. TheContractor shall notify the Project Manager of such discoveries and carry outthe Project Managers instructions for dealing with them.

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13. WORK PROGRAM

A 1 3 . 1 Within the time stated in the Appendix to Conditions ofContract, the Contractor shall submit to the Project Manager for approval aprogram showing the general methods, arrangements, order, and timing forall the activities in the Works. An update of the program shall be a programshowing the actual progress achieved on each activity and the effect of theprogress achieved on the timing of the remaining Work, including any changesto the sequence of the activities.

The Contractor shall submit to the Project Manager for approval an updatedprogram at intervals no longer than the period stated in the Appendix toConditions of Contract. If the Contractor does not submit an updatedprogram within this period, the Project Managermay withhold the amount stated in the said Appendix from the next paymentcertificate and continue to withhold this amount until the next payment afterthe date on which the overdue program has been submitted. The ProjectManagers approval of the program shall not alter the Contractors obligations.The Contractor may revise the program and submit it to the Project Manageragain at any time. A revised program shall show the effect of Variations andCompensation Events.

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14. POSSESSION OF SITE

B 1 4 . 1 The Employer shall give possession of all parts of the Site to theContractor. If possession of a part is not given by the date stated in theAppendix to Conditions of Contract , the Employer will be deemed to havedelayed the start of the relevant activities, and this will be a CompensationEvent.

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15. ACCESS TO SITE

A 1 5 . 1 The Contractor shall allow the Project Manager and any otherperson authorised by the Project Manager, access to the Site and to any placewhere work in connection with the Contract is being carried out or is intendedto be carried out.

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16. INSTRUCTIONS

B 1 6 . 1 The Contractor shall carry out all instructions of the ProjectManager which are in accordance with the Contract. -

17. EXTENSION OR ACCELERATION OF COMPLETION DATE

C 1 7 . 1 The Project Manager shall extend the Intended CompletionDate if a Compensation Event occurs or a variation is issued which makes itimpossible for completion to be achieved by the Intended Completion Datewithout the Contractor taking steps to accelerate the remaining Work, whichwould cause the Contractor to incur additional cost. The Project Managershall decide whether and by how much to extend the Intended CompletionDate within 21 days of the Contractor asking the Project Manager in writingfor a decision upon the effect of a Compensation Event or variation andsubmitting full supporting information. If the Contractor has failed to giveearly warning of a delay or has failed to cooperate in dealing with a delay, thedelay caused by such failure shall not be considered in assessing the new(extended) Completion Date.

17.2 No bonus for early completion of the Works shall be paid to theContractor by the Employer.

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18. MANAGEMENT MEETINGS

A 18.1 A Contract management meeting shall be held monthly andattended by the Project Manager and the Contractor. Its business shall be toreview the plans for the remaining Work and to deal with matters raised inaccordance with the early warning procedure. The Project Manager shallrecord the minutes of management meetings and provide copies of the sameto those attending the meeting and the Employer. The responsibility of theparties for actions to be taken shall be decided by the Project Manager eitherat the management meeting or after the management meeting and stated inwriting to all who attended the meeting.

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19. EARLY WARNING

B 1 9 . 1 The Contractor shall warn the Project Manager at the earliestopportunity of specific likely future events or circumstances that mayadversely affect the quality of the Work, increase the Contract Price or delaythe execution of the Works. The Project Manager may require the Contractorto provide an estimate of the expected effect of the future event orcircumstance on the Contract Price and Completion Date. The estimate shallbe provided by the Contractor as soon as reasonably possible.

19.2 The Contractor shall cooperate with the Project Manager inmaking and considering proposals on how the effect of such an event orcircumstance can be avoided or reduced by anyone involved in the Work andin carrying out any resulting instructions of the Project Manager.

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20. DEFECTS

A 2 0 . 1 The Project Manager shall inspect the Contractors work andnotify the Contractor of any defects that are found. Such inspection shall notaffect the Contractors responsibilities. The Project Manager may instruct theContractor to search for a defect and to uncover and test any Work that theProject Manager considers may have a defect. Should the defect be found,the cost of uncovering and making good shall be borne by the Contractor,However, if there is no defect found, the cost of uncovering and making goodshall be treated as a variation and added to the Contract Price.

20.2 The Project Manager shall give notice to the Contractor of anydefects before the end of the Defects Liability Period, which begins atCompletion, and is defined in the Appendix to Conditions of Contract. TheDefects Liability Period shall be extended for as long as defects remain to becorrected.

20.3 Every time notice of a defect is given, the Contractor shallcorrect the notified defect within the length of time specified by the ProjectManagers notice. If the Contractor has not corrected a defect within the timespecified in the Project Managers notice, the Project Manager will assess thecost of having the defect corrected by other parties and such cost shall betreated as a variation and be deducted from the Contract Price.

-



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Item AmountNo Kshs

21. BILLS OF QUANTITIES

A 2 1 . 1 The Bills of Quantities shall contain items for the construction,installation, testing and commissioning of the Work to be done by theContractor. The Contractor will be paid for the quantity of the Work done atthe rate in the Bills of Quantities for each item.

21.2 If the final quantity of the Work done differs from the quantity inthe Bills of Quantities for the particular item by more than 25 percent andprovided the change exceeds 1 percent of the Initial Contract price, theProject Manager shall adjust the rate to allow for the change.

21.3 If requested by the Project Manager, the Contractor shallprovide the Project Manager with a detailed cost breakdown of any rate inthe Bills of Quantities. -

22. VARIATIONS

B 2 2 . 1 All variations shall be included in updated programs producedby the Contractor.

22.2 The Contractor shall provide the Project Manager with aquotation for carrying out the variations when requested to do so. TheProject Manager shall assess the quotation, which shall be given within sevendays of the request or within any longer period as may be stated by theProject Manager and before the Variation is ordered.

22.3 If the work in the variation corresponds with an item description in theBills of Quantities and if in the opinion of the Project Manager, the quantity ofwork is not above the limit stated in Clause 21.2 or the timing of its executiondoes not cause the cost per unit of quantity to change, the rate in the Bills ofQuantities shall be used to calculate the value of the variation. If the cost perunit of quantity changes, orif the nature or timing of the work in the variation does not correspond withitems in the Bills of Quantities, the quotation by the Contractor shall be in theform of new rates for the relevant items of Work.

22.4 If the Contractors quotation is unreasonable, the ProjectManager may order the variation and make a change to the Contract price,which shall be based on the Project Managers own forecast of the effects ofthe variation on the Contractors costs.



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Item AmountNo Kshs

22.5 If the Project Manager decides that the urgency of varying the Workwould prevent a quotation being given and considered without delaying theWork, no quotation shall be given and the variation shall be treated as aCompensation Event.

22.6 The Contractor shall not be entitled to additional payment forcosts that could have been avoided by giving early warning.

22.7 When the Program is updated, the Contractor shall provide theProject Manager with an updated cash flow forecast.

-

23. PAYMENT CERTIFICATES, CURRENCY OF PAYMENTS AND ADVANCE PAYMENTS

A 2 3 . 1 The Contractor shall submit to the Project Manager monthlyapplications for payment giving sufficient details of the Work done andmaterials on Site and the amounts which the Contractor considers himself tobe entitled to. The Project Manager shall check the monthly application andcertify the amount to be paid to the Contractor within 14 days. The value ofWork executed and payable shall be determined by the Project Manager.

23.2 The value of Work executed shall comprise the value of thequantities of the items in the Bills of Quantities completed; materialsdelivered on Site, variations and compensation events. Such materials shallbecome the property of the Employer once the Employer has paid theContractor for their value. Thereafter, they shall not be removed from Sitewithout the Project Managers instructions except for use upon the Works.

23.3 Payments shall be adjusted for deductions for retention. TheEmployer shall pay the Contractor the amounts certified by the ProjectManager within 60 days of the date of issue of each certificate. If theEmployer makes a late payment, the Contractor shall be paid simple intereston the late payment in the next payment. Interest shall be calculated on thebasis of number of days delayed at a rate three percentage points above theCentral Bank of Kenyas average rate for base lending prevailing as of the firstday the payment becomes overdue.

23.4 If an amount certified is increased in a later certificate or as aresult of an award by an Arbitrator, the Contractor shall be paid interest upon



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Item AmountNo Kshs

the delayed payment as set out in this clause. Interest shall be calculatedfrom the date upon which the increased amount would have been certified inthe absence of dispute.

23.5 Items of the Works for which no rate or price has been enteredin will not be paid for by the Employer and shall be deemed covered by otherrates and prices in the Contract.

23.6 The Contract Price shall be stated in Kenya Shillings. Allpayments to the Contractor shall be made in Kenya Shillings and foreigncurrency in the proportion indicated in the tender, or agreed prior to theexecution of the Contract Agreement and indicated therein. The rate ofexchange for the calculation of the amount of foreign currency payment shallbe the rate of exchange indicated in the Appendix to Conditions of Contract.If the Contractor indicated foreign currencies for payment other than thecurrencies of the countries of origin of related goods and services theEmployer reserves the right to pay the equivalent at the time of payment inthe currencies of the countries of such goods and services. The Employer andthe Project Manager shall be notified promptly by the Contractor of anchanges in the expected foreign currency requirements of the Contractorduring the execution of the Works as indicated in the Schedule of ForeignCurrency Requirements and the foreign and local currency portions of thebalance of the Contract Price shall then be amended by agreement betweenEmployer and the Contractor in order to reflect appropriately such changes.

23.7 In the event that an advance payment is granted, the following shallapply:-

a) On signature of the Contract, the Contractorshall at his request, and without furnishing proof of expenditure, beentitled to an advance of 10% (ten percent) of the original amount ofthe Contract. The advance shall not be subject to retention money.

b) No advance payment may be made before theContractor has submitted proof of the establishment of deposit or adirectly liable guarantee satisfactory to the Employer in the amountof the advance payment. The guarantee shall be in the samecurrency as the advance.

c) Reimbursement of the lump sum advance shallbe made by deductions from the Interim payments and whereapplicable from the balance owing to the Contractor.



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Item AmountNo Kshs

Reimbursement shall begin when the amount of the sums due underthe Contract reaches 20% of the original amount of the Contract. Itshall have been completed by the time 80% of this amount isreached.

The amount to be repaid by way of successive deductions shall be calculated bymeans of the formula:

R = A(x1 - x11) 80 - 20

Where:

R = the amount to be reimbursed

A = the amount of the advance which has beengranted

X1 = the amount of proposed cumulative payments as apercentage of the original amount of the Contract.This figure will exceed 20% but not exceed 80%.

X11 = the amount of the previous cumulative payments asa percentage of the original amount of theContract. This figure will be below 80%but not lessthan 20%.

a) with each reimbursement the counterpart ofthe directly liable guarantee may be reduced accordingly. -



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Item AmountNo Kshs

24. COMPENSATION EVENTS

A 24.1 The following issues shall constitute Compensation Events:

(a) ( The Employer does not give access to a part ofthe Site by the Site Possession Date stated in the Appendix toConditions of Contract.

(b) The Employer modifies the List of OtherContractors, etc., in a way that affects the Work of the Contractorunder the Contract.

(c) The Project Manager orders a delay or does notissue drawings, specifications or instructions required for executionof the Works on time.

(d) The Project Manager instructs the Contractor touncover or to carry out additional tests upon the Work, which is thenfound to have no defects.

(e) The Project Manager unreasonably does notapprove a subcontract to be let.

(f) Ground conditions are substantially moreadverse than could reasonably have been assumed before issuanceof the Letter of Acceptance from the information issued to tenderers(including the Site investigation reports), from information availablepublicly and from a visual inspection of the Site.

(g) The Project Manager gives an instruction fordealing with an unforeseen condition, caused by the Employer oradditional work required for safety or other reasons.

(h) Other contractors, public authorities, utilities, orthe Employer does not work within the dates and other constraintsstated in the Contract, and they cause delay or extra cost to theContractor.

(i) The effects on the Contractor of any of theEmployers risks.

(j) The Project Manager unreasonably delays issuinga Certificate of Completion.

(k) Other compensation events described in theContract or determined by the Project Manager shall apply.

24.2 If a compensation event would cause additional cost or wouldprevent the Work being completed before the Intended Completion Date, theContract Price shall be increased and/or the Intended Completion Date shall



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Item AmountNo Kshs

be extended. The Project Manager shall decide whether and by how muchthe Contract Price shall be increased and whether and by how much theIntended Completion Date shall be extended.

24.3 As soon as information demonstrating the effect of eachcompensation event upon the Contractors forecast cost has been provided bythe Contractor, it shall be assessed by the Project Manager, and the ContractPrice shall be adjusted accordingly. If the Contractors forecast is deemedunreasonable, the Project Manager shall adjust the Contract Price based onthe Project Managers own forecast. TheProject Manager will assume that the Contractor will react competently andpromptly to the event.

24.4 The Contractor shall not be entitled to compensation to theextent that the Employers interests are adversely affected by the Contractornot having given early warning or not having co-operated with the ProjectManager.

24.5 Prices shall be adjusted for fluctuations in the cost of inputs onlyif provided for in the Appendix to Conditions of Contract.

24.6 The Contractor shall give written notice to the Project Managerof his intention to make a claim within thirty days after the event giving rise tothe claim has first arisen. The claim shall be submitted within thirty daysthereafter.

Provided always that should the event giving rise to the claim of continuingeffect, the Contractor shall submit an interim claim within the said thirty daysand a final claim within thirty days of the end of the event giving rise to theclaim.

-



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Item AmountNo Kshs

25. PRICE ADJUSTMENT

A 2 5 . 1 The Project Manager shall adjust the Contract Price if taxes,duties and other levies are changed between the date 30 days before thesubmission of tenders for the Contract and the date of Completion. Theadjustment shall be the change in the amount of tax payable by theContractor.

25.2 The Contract Price shall be deemed to be based on exchangerates current at the date of tender submission in calculating the cost to theContractor of materials to be specifically imported (by express provisions inthe Contract Bills of Quantities or Specifications) for permanent incorporationin the Works. Unless otherwise stated in the Contract, if at any time duringthe period of the Contract exchange rates shall be varied and this shall affectthe cost to the Contractor of such materials, then the Project Manager shallassess the net difference in the cost of such materials. Any amount from timeto time so assessed shall be added to or deducted from the Contract Price, asthe case may be.

25.3 Unless otherwise stated in the Contract, the Contract Price shallbe deemed to have been calculated in the manner set out below and insub-clauses 25.4 and 25.5 and shall be subject to adjustment in the eventsspecified here under;

(i) ( The prices contained in the Contract Bills ofQuantities shall be deemed to be based upon the rates of wages andother emoluments and expenses as determined by the Joint BuildingCouncil of Kenya (J.B.C.) and set out in the schedule of basic ratesissued 30 days before the date for submission of tenders. A copy ofthe schedule used by the Contractor in his pricing shall be attached inthe Appendix to Conditions of Contract.

(ii) Upon J.B.C. determining that any of the saidrates of wages or other emoluments and expenses are increased ordecreased, then the Contract Price shall be increased or decreasedby the amount assessed by the Project Manager based upon thedifference, expressed as a percentage, between the rate set out inthe schedule of basic rates issued 30 days before the date forsubmission of tenders and the rate published by the J.B.C. andapplied to the quantum of labour incorporated within the amount ofWork remaining to be executed at the date of publication of such



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Item AmountNo Kshs

increase or decrease.(iii) No adjustment shall be made in respect of

changes in the rates of wages and other emoluments and expenseswhich occur after the date of Completion except during such otherperiod as may be granted as an extension of time under clause 17.0of these Conditions.

25.4 The prices contained in the Contract Bills of Quantities shall bedeemed to be based upon the basic prices of materials to be permanentlyincorporated in the Works as determined by the J.B.C. and set out in theschedule of basic rates issued 30 days before the date for submission oftenders. A copy of the schedule used by the Contractor in his pricing shall beattached in the Appendix to Conditions of Contract.

25.5 Upon the J.B.C. determining that any of the said basic prices areincreased or decreased then the Contract Price shall be increased ordecreased by the amount to be assessed by the Project Manager based uponthe difference between the price set out in the schedule of basic rates issued30 days before the date for submission of tenders and the rate published bythe J.B.C. and applied to the quantum of the relevant materials which havenot been taken into account in arriving at the amount of any interimcertificate under clause 23 of these Conditions issued before the date ofpublication of such increase or decrease.

25.6 No adjustment shall be made in respect of changes in basicprices of materials which occur after the date for Completion except duringsuch other period as may be granted as an extension of time under clause17.0 of these Conditions.

25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not applyin respect of any materials included in the schedule of basic rates.

-



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Item AmountNo Kshs

26. RETENTION

A 2 6 . 1 The Employer shall retain from each payment due to theContractor the proportion stated in the Appendix to Conditions of Contractuntil Completion of the whole of the Works. On Completion of the whole ofthe Works, half the total amount retained shall be repaid to the Contractorand the remaining half when the Defects Liability Period has passed and theProject Manager has certified that all defects notified to the Contractorbefore the end of this period have been corrected.

-

27. LIQUIDATED DAMAGES

B 27.1 The Contractor shall pay liquidated damages to the Employer atthe rate stated in the Appendix to Conditions of Contract for each day thatthe actual Completion Date is later than the Intended Completion Date. TheEmployer may deduct liquidated damages from payments due to theContractor. Payment of liquidated damages shall not alter the Contractorsliabilities.

27.2 If the Intended Completion Date is extended after liquidateddamages have been paid, the Project Manager shall correct any overpaymentof liquidated damages by the Contractor by adjusting the next paymentcertificate. The Contractor shall be paid interest on the overpayment,calculated from the date of payment to the date of repayment, at the ratespecified in Clause 23.30

-

28. SECURITIES

C 2 8 . 1 The Performance Security shall be provided to the Employernot later than the date specified in the Letter of Acceptance and shall beissued in an amount and form and by a reputable bank acceptable to theEmployer, and denominated in Kenya Shillings. The Performance Security shallbe valid until a date 30 days beyond the date of issue of the Certificate ofCompletion.

-



- 6 5 -





Item AmountNo Kshs

29. DAY WORKS

A 1 9 . 1 If applicable, the Day works rates in the Contractors tendershall be used for small additional amounts of Work only when the ProjectManager has given written instructions in advance for additional work to bepaid for in that way.

19.2 All work to be paid for as Day works shall be recorded by theContractor on Forms approved by the Project Manager. Each completed formshall be verified and signed by the Project Manager within two days of theWork being done.

19.3 The Contractor shall be paid for Day works subject to obtainingsigned Day works forms.

-

30. LIABILITY AND INSURANCE

B 3 0 . 1 From the Start Date until the Defects Correction Certificate hasbeen issued, the following are the Employers risks:

(a) ( The risk of personal injury, death or loss of ordamage to property (excluding the Works, Plant, Materials andEquipment), which are due to;(i) ( use or occupation of the Site

by the Works or for the purpose of the Works, which is theunavoidable result of the Works, or

(ii) negligence, breach of statutoryduty or interference with any legal right by the Employer orby any person employed by or contracted to him except theContractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipmentto the extent that it is due to a fault of the Employer or in Employersdesign, or due to war or radioactive contamination directly affectingthe place where the Works are being executed.

30.2 From the Completion Date until the Defects CorrectionCertificate has been issued, the risk of loss of or damage to the Works, Plant,and Materials is the Employers risk except loss or damage due to;



- 6 6 -





Item AmountNo Kshs

(a) ( a defect which existed on or before theCompletion Date.

(b) an event occurring before the Completion Date,which was not itself the Employers risk

(c) the activities of the Contractor on the Site afterthe Completion Date.

30.3 From the Start Date until the Defects Correction Certificate hasbeen issued, the risks of personal injury, death and loss of or damage toproperty (including, without limitation, the Works, Plant, Materials, andEquipment) which are not Employers risk are Contractors risks.

The Contractor shall provide, in the joint names of the Employer and theContractor, insurance cover from the Start Date to the end of the DefectsLiability Period, in the amounts stated in the Appendix to Conditions ofContract for the following events;(a) ( loss of or damage to the Works, Plant, and

Materials;(b) loss of or damage to Equipment;(c) loss of or damage to property (except the Works,

Plant, Materials, and Equipment) in connection with the Contract,and

(d) personal injury or death.

30.4 Policies and certificates for insurance shall be delivered by theContractor to the Project Manager for the Project Managers approval beforethe Start Date. All such insurance shall provide for compensation required torectify the loss or damage incurred.

30.5 If the Contractor does not provide any of the policies andcertificates required, the Employer may affect the insurance which theContractor should have provided and recover the premiums from paymentsotherwise due to the Contractor or, if no payment is due, the payment of thepremiums shall be a debt due.

30.6 Alterations to the terms of insurance shall not be made withoutthe approval of the Project Manager. Both parties shall comply with anyconditions of insurance policies.

-



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Item AmountNo Kshs

31. COMPLETION AND TAKING OVER

A 31.1 Upon deciding that the Works are complete, the Contractor shallissue a written request to the Project Manager to issue a Certificate ofCompletion of the Works. The Employer shall take over the Site and theWorks within seven [7] days of the Project Managers issuing a Certificate ofCompletion.

-

32. FINAL ACCOUNT

B 32.1 The Contractor shall issue the Project Manager with a detailed account ofthe total amount that the Contractor considers payable to him by theEmployer under the Contract before the end of the Defects Liability Period.The Project Manager shall issue a Defects Liability Certificate and certify anyfinal payment that is due to the Contractor within 30 days of receiving theContractors account if it is correct and complete. If it is not, the ProjectManager shall issue within 30 days a schedule that states the scope of thecorrections or additions that are necessary. If the final account is stillunsatisfactory after it has been resubmitted, the Project Manager shall decideon the amount payable to the Contractor and issue a Payment Certificate.The Employer shall pay the Contractor the amount due in the Final Certificatewithin 60 days. -



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Item AmountNo Kshs

33. TERMINATION

A 33.1 The Employer or the Contractor may terminate the Contract ifthe other party causes a fundamental breach of the Contract. Thesefundamental breaches of Contract shall include, but shall not be limited to,the following;

(a) ( the Contractor stops work for 30 days when nostoppage of work is shown on the current program and the stoppagehas not been authorised by the Project Manager;

(b) the Project Manager instructs the Contractor todelay the progress of the Works, and the instruction is notwithdrawn within 30 days;

(c) the Contractor is declared bankrupt or goes intoliquidation other than for a reconstruction or amalgamation;

(d) a payment certified by the Project Manager isnot paid by the Employer to the Contractor within 30 days (forInterim Certificate) or 60 days (for Final Certificate)of issue.

(e) the Project Manager gives notice that failure tocorrect a particular defect is a fundamental breach of Contract andthe Contractor fails to correct it within a reasonable period of timedetermined by the Project Manager;

(f) the Contractor does not maintain a security,which is required.

33.2 When either party to the Contract gives notice of a breach ofContract to the Project Manager for a cause other than those listed underClause 33.1 above, the Project Manager shall decide whether the breach isfundamental or not.

33.3 Notwithstanding the above, the Employer may terminate theContract for convenience.

33.4 If the Contract is terminated, the Contractor shall stop workimmediately, make the Site safe and secure, and leave the Site as soon asreasonably possible. The Project Manager shall immediately thereafterarrange for a meeting for the purpose of taking record of the Works executedand materials, goods, equipment and temporary buildings on Site.

-



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Item AmountNo Kshs

34. PAYMENT UPON TERMINATION

A 34.1 If the Contract is terminated because of a fundamental breach ofContract by the Contractor, the Project Manager shall issue a certificate forthe value of the Work done and materials ordered and delivered to Site up tothe date of the issue of the certificate. Additional liquidated damages shallnot apply. If the total amount due to the Employer exceeds any payment dueto the Contractor, the difference shall be a debt payable by the Contractor.

34.2 If the Contract is terminated for the Employers convenience orbecause of a fundamental breach of Contract by the Employer, the ProjectManager shall issue a certificate for the value of the Work done, materialsordered, the reasonable cost of removal of equipment, repatriation of theContractors personnel employed solely on the Works, and the Contractorscosts of protecting and securing the Works.

34.3 The Employer may employ and pay other persons to carry outand complete the Works and to rectify any defects and may enter upon theWorks and use all materials on the Site, plant, equipment and temporaryworks.

34.4 The Contractor shall, during the execution or after thecompletion of the Works under this clause remove from the Site as and whenrequired, within such reasonable time as the Project Manager may in writingspecify, any temporary buildings, plant, machinery, appliances, goods ormaterials belonging to or hired by him, and in default the Employer may(without being responsible for any loss or damage) remove and sell any suchproperty of the Contractor, holding the proceeds less all costs incurred to thecredit of the Contractor.

Until after completion of the Works under this clause the Employer shall notbe bound by any other provision of this Contract to make any payment to theContractor, but upon such completion as aforesaid and the verification withina reasonable time of the accounts therefore the Project Manager shall certifythe amount of expenses properly incurred by the Employer and, if suchamount added to the money paid to the Contractor before suchdetermination exceeds the total amount which would have been payable ondue completion in accordance with this Contract the difference shall be a debtpayable to the Employer by the Contractor; and if the said amount added tothe said money be less than the said total amount, the difference shall be a



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Item AmountNo Kshs

debt payable by the Employer to the Contractor. -

35. RELEASE FROM PERFORMANCE

A 35.1 If the Contract is frustrated by the outbreak of war or by anyother event entirely outside the control of either the Employer or theContractor, the Project Manager shall certify that the Contract has beenfrustrated. The Contractor shall make the Site safe and stop Work as quicklyas possible after receiving this certificate and shall be paid for all Work carriedout before receiving it.

-

36. CORRUPT GIFTS AND PAYMENTS OF COMMISSION

B The Contractor shall not;

(a) ( Offer or give or agree to give to any person in the service of theEmployer any gift or consideration of any kind as an inducement or reward fordoing or forbearing to do or for having done or forborne to do any act inrelation to the obtaining or execution of this or any other Contract for theEmployer or for showing or forbearing to show favour or disfavour to anyperson in relation to this or any other contract for the Employer.

(b) Enter into this or any other contract with the Employer inconnection with which commission has been paid or agreed to be paid by himor on his behalf or to his knowledge, unless before the Contract is madeparticulars of any such commission and of the terms and conditions of anyagreement for the payment thereof have been disclosed in writing to theEmployer.

Any breach of this Condition by the Contractor or by anyone employed by himor acting on his behalf (whether with or without the knowledge of theContractor) shall be an offence under the provisions of the PublicProcurement Regulations issued under The Exchequer and Audit Act Cap 412of the Laws of Kenya.

-



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Item AmountNo Kshs

37. SETTLEMENT OF DISPUTES

A 37.1 In case any dispute or difference shall arise between theEmployer or the Project Manager on his behalf and the Contractor, eitherduring the progress or after the completion or termination of the Works,such dispute shall be notified in writing by either party to the other with arequest to submit it to arbitration and to concur in the appointment of anArbitrator within thirty days of the notice. The dispute shall be referred tothe arbitration and final decision of a person to be agreed between theparties. Failing agreement to concur in the appointment of an Arbitrator, theArbitrator shall be appointed by the Chairman or Vice Chairman ofArchitectural Association of Kenya.

37.2 The arbitration may be on the construction of this Contract or onany matter or thing of whatsoever nature arising thereunder or in connectiontherewith, including any matter or thing left by this Contract to the discretionof the Project Manager, or the withholding by the Project Manager of anycertificate to which the Contractor may claim to be entitled to or themeasurement and valuation referred to in clause 23.0 of these conditions, orthe rights and liabilities of the parties subsequent to the termination ofContract.

37.3 Provided that no arbitration proceedings shall be commenced onany dispute or difference where notice of a dispute or difference has not beengiven by the applying party within ninety days of the occurrence or discoveryof the matter or issue giving rise to the dispute.

37.4 Notwithstanding the issue of a notice as stated above, thearbitration of such a dispute or difference shall not commence unless anattempt has in the first instance been made by the parties to settle suchdispute or difference amicably with or without the assistance of third parties.Proof of such attempt shall be required.

37.5 Notwithstanding anything stated herein the following mattersmay be referred to arbitration before the practical completion of the Worksor abandonment of the Works or termination of the Contract by either party:

37.5.1 The appointment of a replacement ProjectManager upon the said person ceasing to act.



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Item AmountNo Kshs

37.5.2 Whether or not the issue of an instruction by the ProjectManager is empowered by these Conditions.

37.5.3 Whether or not a certificate has been improperly withheld oris not in accordance with these Conditions.

37.5.4 Any dispute or difference arising in respect of war risks or wardamage.

37.6 All other matters shall only be referred to arbitration after thecompletion or alleged completion of the Works or termination or allegedtermination of the Contract, unless the Employer and the Contractor agreeotherwise in writing.

37.7 The Arbitrator shall, without prejudice to the generality of hispowers, have powers to direct such measurements, computations, tests orvaluations as may in his opinion be desirable in order to determine the rightsof the parties and assess and award any sums which ought to have been thesubject of or included in any certificate.

37.8 The Arbitrator shall, without prejudice to the generality of hispowers, have powers to open up, review and revise any certificate, opinion,decision, requirement or notice and to determine all matters in dispute whichshall be submitted to him in the same manner as if no such certificate,opinion, decision requirement or notice had been given.

37.9 The award of such Arbitrator shall be final and binding upon theparties.

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Section No. 9

Bill No. 1


COLLECTION

AmountKshs


-47-

-48-

-49-

-50-

-51-

-52-

-53-

-54-

-55-

-56-

-57-

-58-

-59-

-60-

Carried Forward K s h Section No. 9Bill No. 1GENERAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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Section No. 9

Bill No. 1


COLLECTION

AmountKshs

Brought Forward K s h


-62-

-63-

-64-

-65-

-66-

-67-

-68-

-69-

-70-

-71-

-72-

-73-

Carried to Final Summary K s h Section No. 9Bill No. 1GENERAL CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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Item AmountNo Kshs

APPENDIX TO CONDITIONS OF CONTRACT

A THE EMPLOYER ISName: VICE CHANCELLOR - CHUKA UNIVERSITYAddress: P.O. BOX 109 - 60400, CHUKATelephone: 020 2310512/8Facsimile: 020 2310302Name of Authorised Representative: DEPUTY VICE CHANCELLOR (Admin, Finance Planning &Development

The Project Manager is;Name: BASELINE ARCHITECTSAddress: P. O. BOX 39928 - 00623, NAIROBI Telephone: +254 020 2718353/1873/6Name of Authorised Representative: IMPETUS COST CONSULTANTS LIMITED

The name (and identification number) of the Contract is THE PROPOSED CONSTRUCTION ANDCOMPLETION OF CHUKA UNIVERSITY ADMINISTRATION BLOCK COMPLEX

The Works consist of THE CONSTRUCTION OF A FOURTEEN STOREY ADMINISTRATIONtOWER COMPLETE WITH A SUB BASEMENT FOR LECTURE HALLS,SENATE CHAMBERS AUDITORIUM AND ACCOMMODATION OFBUILDING SERVICES INCLUDING EXTERNAL WORKS INVOLVINGPRECAST CONCRETE PAVING BLOCKS DRIVEWAY AND CARPARKAND FOUL DRAINAGE

The Start Date shall be AS SHALL BE AGREED

The Intended Completion Date for the whole of the Works shall be AS SHALL BE AGREED

The following documents also form part of the Contract: AS LISTED IN CLAUSE 2.3 OFCONDITIONS OF CONTRACT

The Contractor shall submit a revised program for the Works within FOURTEEN (14) DAYS o fdelivery of the Letter of Acceptance.

The Site Possession shall be AS SHALL BE AGREED

Carried to Collection K s h Section No. 10Bill No. 1 APPENDIX TO CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


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Item AmountNo Kshs

The Site is located at the ALONG EMBU - MERU ROAD, APPROXIMATELY 200 KM FROM THEGENERAL POST 0FFICE, NAIROBI and is defined in drawings nos. AS SHALL BE PROVIDED

The Defects Liability period is THREE HUNDRED AND SIXTY (360) DAYS / TWELVE (12) MONTHS.

Other Contractors, utilities etc., to be engaged by the Employer on the Site Include those for theexecution of;

1. TO BE AGREED WITH THE PROJECT MANAGER

The minimum insurance covers shall be;

1. The minimum cover for insurance of the Works and of Plant and Materials inrespect of the Contractors faulty design is NIL

2. The minimum cover for loss or damage to Equipment is NIL

3. The minimum for insurance of other property is KSHS FIVE (5,000,000.00)MILLION

4. The minimum cover for personal injury or death insurance

· ·For the Contractors employees is AS PER THE LAWS APPLICABLE· ·· ·And for other people is AS PER THE LAWS APPLICABLE

The following events shall also be Compensation Events:

1. NONE (ONLY AS LISTED INCLAUSE 24 OF THE CONDITIONS OF CONTRACT.

2. _________________________________________________________________________

3. _________________________________________________________________________

4. _________________________________________________________________________

The period between Program updates is NINETY DAYS



- 7 7 -





Item AmountNo Kshs

The amount to be withheld for late submission of an updated Program is FULL CERTIFICATE

The proportion of payments retained is TEN (10) PERCENT (%).

Limit of Retention Five (5) percent

The Price Adjustment Clause SHALL apply

The liquidated damages for the whole of the Works is KSHS. 1,750,000.00 (PER WEEK)

The Performance Security shall be for the following minimum amounts equivalent as apercentage of the Contract Price FIVE (5) percent (%)

The Completion Period for the Works is AS SHALL BE AGREED.

The rate of exchange for calculation of foreign currency payments is PREVAILING CENTRALBANK OF KENYA RATES

The schedule of basic rates used in pricing by the Contractor is as attached [Contractor toattach].

Advance Payment SHALL NOT BE granted.

Clause 37 is deleted and substituted with the following:-

Settlement of Disputes.Incase of any disputes or differences arising between the Employer or the projectmanager on its behalf and the contractor, either during the progress or aftercompletion or termination of the works, such disputes shall be notified in writtingby either party to the other with a request to submit it to a competent court of

law.

Alternative Dispute Resolution.It shall be a condition that no dispute shall be refered to a court of law unless and untill

the matter has been dealt with through Alternative Dispute Resolution (ADR)Mechanism.

Special Note:



- 7 8 -





Item AmountNo Kshs

a) The Person or Persons to conduct the alternative dispute resolution shall be agreedupon

between the parties.b) The Alternative dispute resolution shall include but not limited to Reconcilliation,mediation or Adjudication.

-



- 7 9 -





Section No. 10

Bill No. 1

APPENDIX TO CONDITIONS OF CONTRACT

COLLECTION

AmountKshs


-77-

-78-

-79-

Carried to Final Summary K s h Section No. 10Bill No. 1 APPENDIX TO CONDITIONS OF CONTRACTM/s Impetus Cost Consultants Limited


- 8 0 -





Item AmountNo Kshs

NOTES FOR PREPARING SPECIFICATIONS

A 1.0 Specifications must be drafted to present a clear and precise statement of therequired standards of materials, and workmanship for tenderers to respondrealistically and competitively to the requirements of the Employer and ensureresponsiveness of tenders. The Specifications should require that all materials, plant,and other supplies to be permanently incorporated in the Works be new, unused, ofthe most recent or current models, and incorporating all recent improvements indesign and materials unless provided otherwise in the Contract. Where the Contractoris responsible for the design of any part of the permanent Works, the extent of hisobligations must be stated.

2.0 Specifications from previous similar projects are useful and may not benecessary to re-write specifications for every Works Contract.

3.0 There are considerable advantages in standardizing General Specifications f o rrepetitive Works in recognized public sectors, such as highways, urban housing,irrigation and water supply. The General Specifications should cover all classes ofworkmanship, materials and equipment commonly involved in constructions, althoughnot necessarily to be used in a particular works contract. Deletions or addenda shouldthen adapt the General Specifications to the particular Works.

4.0 Care must be taken in drafting Specifications to ensure they are not restrictive.In the Specifications of standards for materials, plant and workmanship, existing KenyaStandards should be used as much as possible, otherwise recognized internationalstandards may also be used.

5.0 The Employer should decide whether technical solutions to specified parts ofthe Works are to be permitted. Alternatives are appropriate in cases where obvious(and potentially less costly) alternatives are possible to the technical solutionsindicated in tender documents for certain elements of the Works, taking intoconsideration the comparative specialized advantage of potential tenderers.

The Employer should provide a description of the selected parts of the Works withappropriate reference to Drawings, Specifications, Bills of Quantities, and Design orPerformance criteria, stating that the alternative solutions shall be at least structurallyand functionally equivalent to the basic design parameters and Specifications.

Such alternative solutions shall be accompanied by all information necessary for acomplete evaluation by the Employer, including drawings, design calculations,

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- 8 1 -





Item AmountNo Kshs

technical specifications, breakdown of prices, proposed construction methodology,and other relevant details. Technical alternatives permitted in this manner shall beconsidered by the Employer each on its own merits and independently of whether thetenderer has priced the item as described in the Employers design included with thetender documents.

-

Carried to Collection K s h Section No. 11Bill No. 1SPECIFICATIONSM/s Impetus Cost Consultants Limited


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Section No. 11

Bill No. 1

SPECIFICATIONS

COLLECTION

AmountKshs


-82-

Carried to Final Summary K s h Section No. 11Bill No. 1SPECIFICATIONSM/s Impetus Cost Consultants Limited


- 8 3 -





Item AmountNo Kshs

BILLS OF QUANTITIES

A 1.0 The objectives of the Bills of Quantities are;(a) to provide sufficient information on the quantities of Works to be

performed to enable tenders to be prepared efficiently and accurately; and(b) ( when a Contract has been entered into, to provide a priced Bill

of Quantities for use in the periodic valuation of Works executed.In order to attain these objectives, Works should be itemized in the Bill ofQuantities in sufficient detail to distinguish between the different classes ofWorks, or between Works of the same nature carried out in differentlocations or in other circumstances which may give rise to differentconsiderations of cost. Consistent with these requirements, the layout andcontent of the Bill of Quantities should be as simple and brief as possible.

2.0 The Bills of Quantities should be divided generally into the following sections:

a) Preliminaries.The preliminaries should indicate the inclusiveness of the unit prices, and should statethe methods of measurement which have been adopted in the preparation of the Billof Quantities and which are to be used for the measurement of any part of the Works.

The number of preliminary items to be priced by the tenderer should be limited totangible items such as site office and other temporary works, otherwise items such assecurity for the Works which are primarily part of the Contractors obligations shouldbe included in the Contractors rates.

b) Work ItemsThe items in the Bills of Quantities should be grouped into sections to distinguishbetween those parts of the Works which by nature, location, access, timing, or anyother special characteristics may give rise to different methods of construction, orphasing of the Works, or considerations of cost. General items common to all parts ofthe Works may be grouped as a separate section in the Bill of Quantities.

Quantities should be computed net from the Drawings, unless directed otherwise inthe Contract, and no allowance should be made for bulking, shrinkage or waste.Quantities should be rounded up or down where appropriate.

The following units of measurement and abbreviations are recommended for use.Unit - AbbreviationCubic meter - m3 or cu m

Carried to Collection K s h Section No. 12Bill No. 1BILLS OF QUANTITIESM/s Impetus Cost Consultants Limited


- 8 4 -





Item AmountNo Kshs

Hectare - HaHour - HKilogram - KgLump sum - SumMeter - MMetric ton (1,000 kg) - TMillimetre - mmNumber - NoMonth - MoSquare meter - m2/sqmSquare millimetre - mm2/sqmmWeek - wk

The commencing surface should be identified in the description of each item for Workinvolving excavation, boring or drilling, for which the commencing surface is not alsothe original surface. The excavated surface should be identified in the description ofeach item for Work involving excavation for which the excavated surface is not also thefinal surface. The depths of Work should be measured from the commencing surfaceto the excavated surface, as defined.

c) Daywork ScheduleA Daywork Schedule should be included if the probability of unforeseen work, outside theitems included in the Bill of Quantities, is relatively high. To facilitate checking by theEmployer of the realism of rates quoted by the tenderers, the Daywork Schedule shouldnormally comprise:

1. a list of the various classes of labour, and materials for which basicDay work rates or prices are to be inserted by the tenderer, together with astatement of the conditions under which the Contractor will be paid for workexecuted on a Day work basis; and

2. a percentage to be entered by the tenderer against each basic Daywork Subtotal amount for labour, materials and plant representing theContractors profit, overheads, supervision and other charges.

d) Provisional Quantities and Sums(i) Provision for quantity contingencies in any particular item or class of

Work with a high expectation of quantity overrun should be made by enteringspecific Provisional Quantities or Provisional Items in the Bill of Quantities,and not by increasing the quantities for that item or class of Work beyond



- 8 5 -





Item AmountNo Kshs

those of the Work normally expected to be required. To the extent not covered above, a general provision for physical contingencies (quantityoverruns) should be made by including a Provisional Sum in the Summary ofthe Bill of Quantities. Similarly, a contingency allowance for possible priceincreases should be provided as a Provisional Sum in the Summary of the Billof Quantities. The inclusion of such provisional sums often facilitatesbudgetary approval by avoiding the need to request periodic supplementaryapprovals as the future need arises.

(ii) ( Provisional sums to cover specialized works normally carried outby Nominated Sub Contractors should be avoided and instead Bills ofQuantities of the specialised Works should be included as a section of themain Bills of Quantities to be priced by the Main Contractor. The MainContractor should be required to indicate the name (s) of the specialisedfirms he proposes to engage to carry out the specialized Works as hisapproved domestic sub-contractors. Only provisional sums to coverspecialized Works by statutory authorities should be included in the Bills ofQuantities.

(e) SummaryThe Summary should contain a tabulation of the separate parts of the BillsQuantities carried forward, with provisional sums for Daywork, for physical(quantity) contingencies, and for price contingencies (upward priceadjustment) where applicable. -



- 8 6 -





Section No. 12

Bill No. 1

BILLS OF QUANTITIES

COLLECTION

AmountKshs


-85-

-86-

Carried to Final Summary K s h Section No. 12Bill No. 1BILLS OF QUANTITIESM/s Impetus Cost Consultants Limited


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Item AmountNo Kshs

STANDARD FORMS

FORM OF INVITATION FOR TENDERS

A_______________________[date]

To: _____________________________________ [name of Contractor]_____________________________________[address]__________________________________________________________________________

Dear Sirs:

Reference:______________________________________________[Contract Name]

You have been prequalified to tender for the above project.

We hereby invite you and other prequalified tenderers to submit a tender for the execution andcompletion of the above Contract.

A complete set of tender documents may be purchased by you from___________________________

__________________________________________________________________________________[mailing address, cable/telex/facsimile numbers].

Upon payment of a non-refundable fee of Kshs___________________________________________

All tenders must be accompanied by ________________number of copies of the same and asecurity in the form and amount specified in the tendering documents, and must be deliveredto

__________________________________________________________________________________[address and location]

at or before _______________________(time and date). Tenders will be opened immediatelythereafter, in the presence of tenderers representatives who choose to attend.

Carried to Collection K s h Section No. 13Bill No. 1STANDARD FORMSM/s Impetus Cost Consultants Limited


- 8 8 -





Item AmountNo Kshs

Please confirm receipt of this letter immediately in writing by cable/facsimile or telex.

Yours faithfully,

_____________________________________ Authorised Signature

_____________________________________ Name and Title -



- 8 9 -





Item AmountNo Kshs

LETTER OF ACCEPTANCE

A [letterhead paper of the Employer]

_______________________[date]

To: _______________________[name of the Contractor]

_____________________[address of the Contractor]

Dear Sir,This is to notify you that your Tender dated ___________________________for the execution of ________________________________________________[name of the Contract and identification number ,as given in the Tender documents] for theContract Price of Kshs. __________________________ [amount in figures][KenyaShillings______________________________(amount in words) ] in accordance with theInstructions to Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance withthe Contract documents.

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

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

Attachment : Agreement

-



- 9 0 -





Item AmountNo Kshs

FORM OF AGREEMENT

A THIS AGREEMENT, made the _________________ day of ________ 20 ______between________________________________________________of[or whose registered officeis situated at]__________________________________________(hereinafter called the Employer) of the one part AND________________________________________________________of[or whose registeredoffice is situated at]_________________________________________(hereinafter called the Contractor) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes________________________________________________________________________(name and identification number of Contract ) (hereinafter called the Works) located at______________________________[Place/location of the Works]and the Employer hasaccepted the tender submitted by the Contractor for the execution and completion of suchWorks and the remedying of any defects therein for the Contract Price ofKshs___________________________[Amount in figures],KenyaShillings_____________________________________________[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

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

2. The following documents shall be deemed to form and shall be read and construed

as part of this Agreement i.e.

(i) ( Letter of Acceptance

(i) ( Form of Tender

(i) ( Conditions of Contract Part I

(i) ( Conditions of Contract Part II and Appendix to Conditions ofContract

(i) ( Specifications

(i) ( Drawings



- 9 1 -





Item AmountNo Kshs

(i) ( Priced Bills of Quantities

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby

covenants with the Employer to execute and complete the Works and remedy anydefects therein in conformity in all respects with the provisions of the Contract.

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

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

The common Seal of _________________________________________________

Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________

Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

(ii) Name _______________________________________

Address_____________________________________

Signature____________________________________ -



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Item AmountNo Kshs

PERFORMANCE BANK GUARANTEE

A To: ________________________________________________________________________(Name of Employer) ___________(Date)________________________________________(Address of Employer)

Dear Sir,

WHEREAS ______________________(hereinafter called the Contractor) has undertaken, inpursuance of Contract No. _____________ dated _________ to execute _______________(hereinafter called the Works);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shallfurnish you with a Bank Guarantee by a recognised bank for the sum specified therein assecurity for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, onbehalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee infigures) Kenya Shillings__________________________________________ (amount ofGuarantee in words), and we undertake to pay you, upon your first written demand andwithout cavil or argument, any sum or sums within the limits of Kenya Shillings_________________________ (amount of Guarantee in words) as aforesaid without yourneeding to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor beforepresenting us with the demand.

We further agree that no change, addition or other modification of the terms of the Contract orof the Works to be performed thereunder or of any of the Contract documents which may bemade between you and the Contractor shall in any way release us from any liability under thisGuarantee, and we hereby waive notice of any change, addition, or modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________



- 9 3 -





Item AmountNo Kshs

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

-



- 9 4 -





Item AmountNo Kshs

LETTER OF NOTIFICATION OF AWARD

AAddress of Procuring Entity

__________________________________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have beenawarded to you.

1. Please acknowledge receipt of this letter of notification signifying youracceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the dateof this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subjectmatter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER -



- 9 5 -





Item AmountNo Kshs

FORM RB 1

A REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARDAPPLICATION NO…………….OF……….….20……...

BETWEEN…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) o f……………dated the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEWI/We……………………………,the above named Applicant(s), of address: Physical address…………….FaxNo……Tel. No……..Email ……………, hereby request the Public Procurement Administrative ReviewBoard 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.etcSIGNED ……………….(Applicant)rdrbrdrsrdrw50rsp20 Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLYLodged with the Secretary Public Procurement Administrative Review Board on ………… day of………....20….………

SIGNED

Board Secretary



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Item AmountNo Kshs

-



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Section No. 13

Bill No. 1

STANDARD FORMS

COLLECTION

AmountKshs


-89-

-90-

-91-

-92-

-93-

-94-

-95-

-96-

-97-

Carried to Final Summary K s h Section No. 13Bill No. 1STANDARD FORMSM/s Impetus Cost Consultants Limited


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Item Unit Quantity Rate AmountNo Kshs Kshs

GENERAL PRELIMINARIES

PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES

A Prices will be inserted against items of Preliminaries in theContractors priced Bills of Quantities and Specification

The Contractor shall be deemed to have included in hisprices or rates for the various items in the Bills of Quantitiesor Specification for all costs involved in complying with allthe requirements for the proper execution of the whole ofthe works in the Contract. Item -

ABBREVIATIONS

B Throughout these Bills, units of measurement and terms areabbreviated and shall be interpreted as follows:-

C.M.:- Shall mean cubic metre

S.M.:- Shall mean square metre

L.M:- Shall mean linear metre

M.M:- Shall mean Millimetre

Kg:- Shall mean Kilogramme

No:- Shall mean Number

Prs:- Shall mean Pairs

B.S:- Shall mean the British Standard Specification Published by the British Standard Institution, 2 Park Street, London W.I., England.

Ditto:- Shall mean the whole of the preceding descriptionexcept as qualified in the description in which itoccurs.

Carried to Collection K s h Section No. 14Bill No. 1GENERAL PRELIMINARIESM/s Impetus Cost Consultants Limited


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m.s:- Shall mean measured separately

a.b.d :- Shall mean as before described. Item -

EXCEPTION TO THE STANDARD METHOD OF MEASUREMENT

A Attendance; Clause B19(a) of the Standard Method ofMeasurement is deleted and the following clause issubstituted:-

Attendance on nominated Sub-Contractors shall be given asan item and in each case shall be deemed to include:allowing use of standing scaffolding, mess rooms, sanitaryaccommodation and welfare facilities; provision of specialscaffolding where necessary; providing light and water fortheir work: clearing away rubbish; unloading checking andhoisting: providing electric power and removing andreplacing duct covers, pipe casings and the like necessary forthe execution and testing of Sub-Contractors work andbeing responsible for the accuracy of the same. Item -

FORM OF CONTRACT

B The form of contract shall be as stipulated in the Republic ofKenyas standard Tender Document for Procurement ofBuilding Works (2006 Edition and all amendments) includedherein copy of which form part of this tender document

If the Contractor considers that compliance with any of theconditions of Contract of which headings are set outhereunder involves expenses to him, which is not includedelsewhere in his prices, he shall set down opposite any suchconditions the value he attaches thereto.

Particulars of the insertions to be made in the Appendix ofthe Contract Agreement will be found in the ParticularPreliminaries of these Bills of Quantities. Item -



- 1 0 0 -






PERFOMANCE BOND

A The Contractor shall find and submit on the Form of Tenderan approved bank who will be willing to be bound to theClient in an amount equal to ten per cent (10%) of theContract amount for the due performances of the Contractup to the date of completion as certified by the Architect.The Contractor shall furnish within seven days after theContract Agreement is signed the Performance Bond to theapproval of the Client. Item

TOOLS, PLANT AND SCAFFOLDING

B Allow for providing all scaffolding, plant, tools and vehiclesrequired for the works except in so far as may be statedotherwise herein and except for such items specifically andonly required for the use of nominated Sub-Contractors asdescribed herein. No timber used for scaffolding, formworkor temporary works of any kind shall be used afterwards inthe permanent work. Item

TRANSPORT

C Allow for transport of workmen, materials, etc. to and fromthe site at such hours and by such routes as may bepermitted by the competent authorities. Item

MATERIALS AND WORKMANSHIP

D All materials and workmanship used in the execution of thework shall be of the best quality and description unlessotherwise stated. The Contractor shall order all materials tobe obtained from overseas immediately after the Contract issigned and shall also order materials to be obtained fromlocal sources as early as necessary to ensure that they areonsite when required for use in the works. The Bills ofQuantities shall not be used for the purpose of orderingmaterials. Item -



- 1 0 1 -






SIGN FOR MATERIALS SUPPLIED

A The Contractor will be required to sign a receipt for allarticles and materials supplied by the Client at the time oftaking delivery thereof, as having received them in goodorder and condition, and will thereafter be responsible forany loss or damage and for replacements of any such loss ordamage with articles and/or materials which will besupplied by the Client at the current market prices includingCustom Duty and V.A.T., at the Contractors own cost andexpense, to the satisfaction of the Architect. Item -

STORAGE OF MATERIALS

B The Contractor shall provide at his own risk and cost wheredirected on the site weather proof lock-up sheds and makegood damaged or disturbed surfaces upon completion tothe satisfaction of the Architect. The facility should be ableto accomodate the Nominated Sub-Contractorsrequirement especially for their use. Item



- 1 0 2 -






SAMPLES

A The Contractor shall furnish at his own cost any sample ofmaterials or workmanship including concrete test cubesrequired for the works that may be called for by theArchitect for his approval until such samples are approvedby the Architect and the Architect, may reject any materialsor workmanship not in his opinion to be up to approvedsamples. The Architect shall arrange for the testing of suchmaterials as he may at his discretion deem desirable, butthe testing shall be made at the expense of the Contractorand not at the expense of the Architect. The Contractorshall pay for the testing in accordance with the current scaleof testing charges laid down by the Ministry of Roads andPublic Works.

The procedure for submitting samples of material for testingand the method of marking for identification shall be as laiddown by the Architect. The Contractor shall allow in histender for such samples and tests except those inconnection with nominated sub-contractors work. Item



- 1 0 3 -






GOVERNMENT ACTS REGARDING WORK PEOPLE ETC.

A Allow for complying with all Government Acts, Orders andRegulations in connection with the employment of Labourand other matters related to the execution of the works. Inparticular the Contractors attention is drawn to theprovisions of the Factory Act 1950 and his tender mustinclude for all costs arising or resulting from compliancewith any Act, Order or Regulation relating to Insurance,pensions and holidays for workpeople or to the safety,health and welfare of the workpeople.

The Contractor must make himself fully acquainted withcurrent Acts and Regulations, including Police Regulationsregarding the movement, housing, security and controllabour, labour camps, passes for transport, etc. It is mostimportant that the Contractor, before tendering, shallobtain from the relevant Authority the fullest informationregarding all such regulations and / or restrictions, whichmay affect the tender. No Claim in respect of lack ofknowledge in this connection will be entertained. Item -

SECURITY OF WORKS ETC.

B The Contractor shall be entirely responsible for the securityof all the works stores, materials, plant, personnel, etc. bothhis own and sub-contractors and must provide all againsttheft, loss or damage and the protection of the public.

Item

PUBLIC AND PRIVATE ROADS

C Maintain as required throughout the execution of the worksand make good any damage to public or private roadsarising from or consequent upon the execution of the worksto the satisfaction of the local and other competentauthority and the Architect.

Item -



- 1 0 4 -






EXISTING PROPERTY

A The Contractor shall take every precaution to avoid damageto all existing property including roads, cables, drains andother services and he will be held responsible for and shallmake good all such damage arising from the execution ofthis contract at his own expense to the satisfaction of theArchitect. Item -

VISIT SITE AND EXAMINE DRAWINGS

B The Contractor is recommended to examine the drawingsand visit the site the location of which is described in theParticular Preliminaries hereof. He shall be deemed to haveacquainted himself therewith as to its nature, position,means of access or any other matter which may affect histender. No claim arising from his failure to comply with thisrecommendation will be considered. Item -

ACCESS TO SITE AND TEMPORARY ROADS

C The site is fully a accessible from Kirichwa road. Howevershould the need arise the means of access to the Site shallbe agreed with the Architect prior to commencement of thework and Contractor must allow for building any necessarytemporary access roads for the transport of the materials,plant and workmen as may be required for the completeexecution of the works including the provision of temporaryculverts, crossings, bridges, or any other means of gainingaccess roads; temporary culverts, bridges, etc. and makegood and reinstate all works and surface disturbed to thesatisfaction of the Architect. Item -



- 1 0 5 -






AREA TO BE OCCUPIED BY THE CONTRACTOR

A The area of the site which may be occupied by theContractor for use of storage and for the purpose oferecting workshops, etc., shall be defined on site by theArchitect. Any space outside the site shall be sourced fromthe city council by the main contractor.

Item -

SITE OFFICE

B The Contractor shall provide, erect and maintain wheredirected on site and afterwards dismantle the site officecomprising amongst other offices the office of the residentEngineers, of the type and size as directed by the Architect,complete with Furniture; computers; priners cameras andstationery to the approval of the Architect. He shall alsoprovide a strong metal trunk complete with strong hasp andstaple fastening and two keys. He shall provide, erect andmaintain a lock-up type water or bucket closet for the soleuse of the Architect including making temporaryconnections to the drain where applicable to thesatisfaction of Client and Medical Officer of Health and shallprovide services of a cleaner and pay all conservancycharges and keep both office and closet in a clean andsanitary condition from commencement to the completionof the works and dismantle and make good disturbedsurfaces. The office and closet shall be completed before theContractor is permitted to commence the works. TheContractor shall make available on the Site as and whenrequired by the "Architect" a modern and accurate leveltogether with levelling staff, ranging rods and 50 metremetallic or linen tape.Special Note:-The office should have adequate provision (Space) forpinning up / display surface for project-related informationand data as may be required / directed by the ProjectArchitect Item



- 1 0 6 -






WATER AND ELECTRICITY SUPPLY FOR THE WORKS

A The site is fully servised with water electricity and seweragesystem. The Contractor shall provide at his own risk and costall necessary water, electric light and power required for usein the works. The Contractor must make his ownarrangements for connection to the nearest suitable watermain and for metering the water used. He must also providetemporary tanks and meters as required at his own cost andclear away when no longer required and make good oncompletion to the entire satisfaction of the Architect. TheContractor shall pay all charges in connection herewith. Noguarantee is given or implied that sufficient water will beavailable from mains and the Contractor must make his ownarrangements for augmenting this supply at his own cost.Nominated Sub-contractors are to be made liable for thecost of any water or electric current used and for anyinstallation provided especially for their own use. Item

SANITATION OF THE WORKS

B The Sanitation of the works shall be arranged andmaintained by the Contractor to the satisfaction of theClient and/or Local Authorities, Labour Department and theArchitect. Item

TELEPHONE

C The Contract shall allow for providing a reliabletelecommunication system on site throughout the course ofthe contract and for making necessary arrangements for theconnection to the local telephone service providers and forpaying all connection, rental and call charges in connectionherewith. Item -



- 1 0 7 -






PROVISIONAL SUMS

A The term "Provisional Sum" wherever used in these Bills ofQuantities shall have the meaning stated in Section A itemA7 (i) of the Standard Method of Measurement.

Such sums are net and no addition shall be made to themfor profit. Item -

PRIME COST (OR P.C.) SUMS.

B The term "Prime Cost Sum" or "P.C. Sum" wherever used inthese Bills of Quantities shall have the meaning stated inSection A item A7 (ii) of the Standard Method ofMeasurement. Persons or firms nominated by the Architectto execute work or to provide and fix materials or goods asstated in Condition No. 20 of the Conditions of Contract aredescribed herein as Nominated Sub-Contractors.

Persons or firms so nominated to supply goods or materialsare described herein as Nominated Suppliers. Item -

PROGRAMME OF WORKS / PROGRESS CHART.



- 1 0 8 -






A The Contractor shall provide within one week of Possessionof Site and in agreement with the Architect a Progress Chartfor the whole of the works including the works ofNominated Sub-Contractors; one copy to be handed to theArchitect and a further copy to be retained on Site. Progressto be recorded and chart to be amended as necessary as thework proceeds.

The Contractor shall be required to update the Programmeof Works / Progress Chart on a frequency to be determinedby the Project Architect. The format and contents of theProgramme of Works/Progress Chart shall be provided bythe Project Architect

Item

PROGRESS REPORTS

B The Contractor shall prepare and submit progress reportsfor the project, on a frequency to be defined by the ProjectArchitect but not exceeding 4 calendar weeks. The format,contents and number of copies of the progress reports shallbe defined by the Project Architect

Item



- 1 0 9 -






AS BUILT DRWINGS METHOD STATEMENTS & SHOP DRAWINGS

A The Contractor shall be expected to submit detailed MethodStatements and Shop Drawings for all specialized aspects ofwork that the Project Consultants deem necessary. Theformat and contents of the Method Statements and ShopDrawings shall be provided by the Project Architect.

The Contractor shall be required to submit, atleast 4calendar weeks before Practical Completion Date, As-Builtdrawings and report covering all works under his Contract.The contents and format of the As-Built drawings and reportshall be defined by the Project Architect'. Item

ADJUSTMENT OF PRIME COST SUMS.

B In the final account all Prime Cost Sums shall be deductedand the amount properly expended upon the Architectsorder in respect of each of them added to the Contract sum.The Contractor shall produce to the Architect suchquotations, invoices or bills, properly receipted, as may benecessary to show the actual details of the sums paid by theContractor. Items of profit upon P.C. Sums shall be adjustedin the final account pro-rata to the amount paid. Items of"attendance" (as previously described) following P.C. Sumsshall be adjusted pro-rata to the physical extent of the workexecuted (not pro-rata to the amount paid) and this shallapply even though the Contractor's priced Bill shows apercentage in the rate column in respect of them.

Should the Contractor be permitted to tender and histender be accepted of any work for which a P.C. Sum isincluded in these Bill of Quantities profit and attendancewill be allowed at the same rate as it would be if the workwere executed by a Nominated Sub-Contractor. Item -



- 1 1 0 -






ADJUSTMENT OF PROVISIONAL SUMS.

A In the final account all Provisional Sums shall be deductedand the value of the work properly executed in respect ofthem upon the Architect's order added to the Contract Sum.Such work shall be valued as described for Variations inConditions No. 22 of the Conditions of Contract, but shouldany part of the work be executed by a NominatedSub-Contractor, the value of such work or articles for thework to be supplied by a Nominated Supplier, the value ofsuch work or articles shall be treated as a P.C. Sum andprofit and attendance comparable to that contained in thepriced Bills of Quantities for similar items added.

Item -

NOMINATED SUB-CONTRACTORS

B When any work is ordered by the ARCHITECT to be executedby nominated sub-contractors, the Contractor shall enterinto sub-contracts as described in Conditions of Contractand shall thereafter be responsible for such sub-contractorsin every respect. Unless otherwise described the Contractoris to provide for such Sub-Contractors any or all of thefacilities described in these Preliminaries. Item -

DIRECT CONTRACTS

C Notwithstanding the foregoing conditions, the Clientreserves the right to place a "Direct Contract" for any goodsor services required in the works which are covered by a P.C.Sum in the Bills of Quantities and to pay for the same direct.In any such instances, profit relative to the P.C. Sum in thepriced Bills of Quantities will be adjusted as described forP.C. Sums and allowed. Item -



- 1 1 1 -






ATTENDANCE UPON OTHER TRADESMEN, ETC.

A The Contractor shall allow for the attendance of trade upontrade and shall afford any tradesmen or other personsemployed for the execution of any work not included in thisContract every facility for carrying out their work and alsofor use of his ordinary scaffolding. The Contractor, however,shall not be required to erect any special scaffolding forthem. The Contractor shall perform such cutting away forand making good after the work of such tradesmen orpersons as may be ordered by the Architect and the workwill be measured and paid for to the extent executed atrates provided in these Bills. Item -

INSURANCE

B The Contractor shall insure the work as required inConditions Nos. 30 of the Conditions of Contract. Nopayment on account of the work executed will be made tothe Contractor until he has satisfied the Architect either byproduction of an Insurance Policy or and InsuranceCertificate that the provision of the foregoing InsuranceClauses have been complied with in all respects. Thereafterthe Architect shall from time to time ascertain thatpremiums are duly paid up by the Contractor who shall ifcalled upon to do so, produce the receipted premiumrenewals for the Architect's inspection. Item



- 1 1 2 -






PROVISIONAL WORK

A All work described as "Provisional" in these Bills ofQuantities is subject to remeasurement in order to ascertainthe actual quantity executed for which payment will bemade. All "Provisional" and other work liable to adjustmentunder this Contract shall be left uncovered for a reasonabletime to allow all measurements needed for such adjustmentto be taken by the Architect.

Immediately the work is ready for measuring, theContractor shall give notice to the Architect. If theContractor makes default in these respects he shall if theArchitect so directs uncover the work to enable allmeasurements to be taken and afterwards reinstate at hisown expense. Item -

ALTERATIONS TO BILLS, PRICING, ETC.

B Any unauthorised alteration or qualification made to thetext of the Bills of Quantities may cause the Tenderer to bedisqualified and will in any case be ignored.

The Contractor shall be deemed to have made allowance inhis prices generally to cover any items against which noprice has been inserted in the priced Bills of Quantities. Allitems of measured work shall be priced in detail and theTenders containing Lump Sums to cover trades or groups ofwork must be broken down to show the price of each itembefore they will be accepted. Item -



- 1 1 3 -






BLASTING OPERATIONS

A Blasting will only be allowed with the express permission ofthe Architect in writing. All blasting operations shall becarried out at the Contractor's sole risk and cost inaccordance with any Government regulations in force forthe time being, and any special regulations laid down by theArchitect governing the use and storage of explosives. Item -

MATERIALS ARISING FROM EXCAVATIONS

B Materials of any kind obtained from the excavations shall bethe property of the Client. Unless the Architect directsotherwise such materials shall be dealt with as provided inthe Contract. Such materials shall only be used in the works,in substitution of materials which the Contractor wouldotherwise have had to supply with the written permission ofthe Architect. Should such permission be given, theContractor shall make due allowance for the value of thematerials so used at a price to be agreed. Item -

PROTECTION OF THE WORKS.

C Provide protection of the whole of the works contained inthe Bills of Quantities, including casing, casing up, coveringor such other means as may be necessary to avoid damageto the satisfaction of the Architect and remove suchprotection when no longer required and make good anydamage which may nevertheless have been done atcompletion free of cost to the Client. Item -

REMOVAL OF RUBBISH ETC.

D Provide for removal of rubbish and debris from the Buildingsand site as it accumulates and at the completion of theworks and remove all plant, scaffolding and unusedmaterials at completion. Item -



- 1 1 4 -






WORKS TO BE DELIVERED UP CLEAN

A Clean and flush all gutters, rainwater and waste pipes,manholes and drains, wash (except where such treatmentmight cause damage) and clean all floors, sanitary fittings,glass inside and outside and any other parts of the worksand remove all marks, blemishes, stains and defects fromjoinery, fittings and decorated surfaces generally, polishdoor furniture and bright parts of metalwork and leave thewhole of the buildings watertight, clean, perfect and fit foroccupation to the approval of the Architect. Item -

FIRM PRICE CONTRACT

B Unless otherwise specifically stated in the ParticularPreliminaries this is a firm price contract and fluctuations inprices of labour and materials shall not apply. Item

GENERAL SPECIFICATION.

C For the full description of materials and workmanship,method of execution of the work and notes for pricing, theContractor is referred to the Ministry of Roads and PublicWorks General Specification dated 1976 or any subsequentrevision thereof which is issued as a separate document,and which shall be allowed in all respects unless it conflictswith the General Preliminaries, Trade Preambles or otheritems in these Bills of Quantities. Item -

TRAINING LEVY

D The Contractor's attention is drawn to legal notice No. 237of October, 1971, which requires payment by the Contractorof a Training Levy at the rate of 1/4 % of the Contract sumon all contracts of more thanKshs. 50,000.00 in value. Item -



- 1 1 5 -






MATERIALS ON SITE

A All materials for incorporation in the works must be storedon or adjacent to the site before payment for the same iseffected unless specifically exempted by the Architect. Thisincludes the materials of the Main Contractor, NominatedSub-Contractors and Nominated Suppliers. Item -

HOARDING

B The Contractor shall enclose the site or part of the worksunder construction with a hoarding 2400 mm highconsisting of iron sheets on 100 x 50 mm timber posts firmlysecured at 1800 mm centres with two 75 x 50 mm timberrails. The Contractor is in addition required to take allprecautions necessary for the safe custody of the works,materials, plant, public and Employer's property on the site. Item

CONTRACTOR'S SUPERINTENDENCE/SITE AGENT

C The Contractor shall constantly keep on the works a literateEnglish speaking Agent or Representative, competent andexperienced in the kind of work involved who shall give hiswhole time to the superintendence of the works. SuchAgent or Representative shall receive on behalf of theContractor all directions and instructions from the Architectand such directions shall be deemed to have been given tothe Contractor in accordance with the Conditions ofContract. Item -



- 1 1 6 -





Section No. 14

Bill No. 1


COLLECTION

Page AmountNo Kshs


-100-

-101-

-102-

-103-

-104-

-105-

-106-

-107-

-108-

-109-

-110-

-111-

-112-

-113-

Carried Forward K s h Section No. 14Bill No. 1GENERAL PRELIMINARIESM/s Impetus Cost Consultants Limited


- 1 1 7 -





Section No. 14

Bill No. 1


COLLECTION

Page AmountNo Kshs

Brought Forward K s h


-115-

-116-

Carried to Final Summary K s h Section No. 14Bill No. 1GENERAL PRELIMINARIESM/s Impetus Cost Consultants Limited


- 1 1 8 -






PARTICULAR PRELIMINARIES

DEFINITION OF TERMS

A The following terms, wherever they shall occur shall beinterpreted as hereunder: -(a) Employer shall be held to mean: -

M/s CHUKA UNIVERSITYP. O. Box 109 - 60400,NAIROBI.

Whose official represetatives areUniversity ArchitectArch Moses Kirimi Cell No 0721-218525University Quantity SurveyorQs Elias Muindi Cell No 0722-670935 Item -

B (b) Project Managers & or Architects shall be heldto mean:-M/S Baseline ArchitectsP.O. Box 39928 - 00623Nairobi

Whose official representative is:-Arch Motanya D.O Cell No 0722 - 756539

Item -

C (c) Project Quantity Surveyor shall be held tomean: -M/s Impetus Cost Consultants LimitedP.O. Box 22006 - 00100Nairobi - Kenya

Whose official representative is:-Qs Njeru M.P. Cell No 0724-982274 Item -

Carried to Collection K s h Section No. 15Bill No. 1PARTICULAR PRELIMINARIESM/s Impetus Cost Consultants Limited


- 1 1 9 -






A (d) Project Structural Engineers shall be held tomean: -M/s Pleng LimitedP.O. Box 75461 - 00200Nairobi - Kenya

Whose official representative isEng Maina Kiabigi cell No 0722-789750 Item -

B (e) Project Electrical & Mechanical Engineers shallbe held to mean: -M/s Metrocom LimitedP.O. Box 27090 - 00100Nairobi - Kenya

Whose official representative isEng Z.M. Macharia cell No 0722-737932 Item -

LOCATION OF SITE

C The site is located along Embu Meru HighwayApproximately 180 - 200 kilometres from Nairobi, 40kilometres from Embu Town and 4 Kilometres from ChukaTown

The Contractor is advised to visit the site before submittinga tender and ascertain the nature of site, nature ofadjoining property and other services that are necessaryfor the smooth carrying out of the works. No claims

arising from his failure to comply with thisrecommendation shall be considered. Item -



- 1 2 0 -






DESCRIPTION OF THE WORKS

A The works comprise the buildings construction andcompletion of 1 No. Office Block building and associatedexternal works as detailed here below:-

MAIN BUILDING WORKS

The main building works involves the construction of 1 No.multifunctinal office block building.

The substructure and superstructure works generallyinvolve the construction of reinforced concrete columnbases, foundation strip, columns, beams, suspended freespan floor slabs, natural stone walls and structural steel rooftrusses.

Floor Finishes include Cement sand screed paving to receiveeither ceramic tiles; Granitto Tiles, plaster and paint,coloured ceramic wall tiles, textured paint on external walls;Accoustic and or plaster and paint on ceilings; andsuspended slab roof

External openings generally comprise aluminium slidingcasement window and frameless glass doors. Internalopenings comprise mahogany panel and semi-solid coreflush doors.

In addition to the above, electrical and mechanical servicessuch as electrical installation, mechanical installations, liftinstallation structured cabling etc will be excecuted.

EXTERNAL WORKSThese include the construction and completion of accessroads, car parks and foot paths around the buildings, fouldrainage land scaping and underground water tank.

The contractor shall be responsible for the acquisition of thenecessary council permits. Item -



- 1 2 1 -






CLEARING AWAY

A The Contractor shall remove all temporary works, rubbish,debris and surplus materials from the site as theyaccumulate and upon completion of the works, remove andclear away all plant, equipment, rubbish, unused works andstains and leave in a clean and tidy state to the reasonablesatisfaction of the Architect.

The whole of the works shall be delivered up clean,complete and in reasonable condition in every respect tothe satisfaction of the Architect.

Item

CLAIMS

B It shall be a condition of this contract that upon it becomingreasonably apparent to the Contractor that he has incurredlosses and /or expenses due to any of the contractconditions, or by any other reason whatsoever, he shallpresent such claim or intent to claim notice to the Architectwithin the contract period. No claims shall be entertainedupon the expiry of the said contract period.

Item -



- 1 2 2 -






OCCUPATION HEALTH AND SAFETY ON SITE

A The Contractor is notified that these works are to be carriedout on a restricted site with existing neighbouringproperties which are in use. The Contractor is thereforeexpected to take reasonable care in the execution of theworks as to prevent occurrence of accidents, damage or lossand disruption of the neighbouring properties and itsoccupants and/or users. The Contractor shall at all timestake all reasonable precautions to assure the safety andhealth of all workers and visitors to the site, together withthe health and safety of persons in the propertiesimmediately neighbouring the site. The Contractor shall beexpected to employ and maintain (all through the projectexecution phase) a dully qualified Safety & Health Officerwho shall be expected to develop a comprehensive Safety &Health Manual for review and approval by the ProjectArchitect before commencement of ANY works on site. TheManual shall be the guiding policy document at the site,aimed at ensuring a pro-active and sustained compliance ofall aspects of work to safety and health guidelines and theOfficer shall, upon its approval, be expected to oversee itsstrict implementation on site. The execution of the Manualshall be under the theme 'Safety First' and shall include,inter alia, the use of appropriate Personal ProtectiveEquipment (PPE) by all workers and visitors to the site at alltimes.The format and contents of the Manual shall beagreed with the Project Architect. The Contractor shall allowin his rates any expense they deem necessary by taking suchcare within the site.

Item -



- 1 2 3 -






ENVIRONMENT

A The contractor shall comply fully with the conditions set outunder the Environmental impact assessment (EIA) licencecopy attached and the EMCA 1999 laws of kenya and anyother legislation. Item

SIGN-BOARD

B Allow for providing, erecting, maintaining throughout thecourse of the Contract and afterwards clearing away thesign-board as designed, specified and approved by theArchitect.

Item

LABOUR CAMPS

C The Contractor shall not be allowed to house labourers onsite. Allow for transporting workers to and from the siteduring the tenure of the contract. Item -

PRICING RATES

D The tender shall include for all costs in executing the wholeof the works, including transport, replacing damaged items,fixing, all to comply with the said Conditions of Contract.

Item -



- 1 2 4 -






BID SECURITY

A The tenderer shall furnish, as part of his bid, a bid security inthe sum prescribed. The bid security shall, at the tenderersoption be in the form of certified Cheque, Bank draft, standby Letter of Credit or Guarantee from a reputable banklocated in Kenya or a foreign bank that has beendetermined to be acceptable to the government of Kenya.The format of the bank guarantee shall be in accordancewith one of the sample forms of bid security included in thepost qualifications. Other formats may be permitted subjectto prior approval of the government. Letters of Credit, Bankguarantee issued, as security for bid shall be valid for 30days beyond the validity of the bid.

Item

SECURITY

B The Contractor shall allow for providing adequate securityfor the works and the workers in the course of execution ofthis contract. No claim will be entertained from theContractor for not maintaining adequate security for boththe works and workers.

Item

PAYMENT FOR MATERIALS ON SITE

C All materials for incorporation in the works must be storedon site before payment is effected, unless specificallyexempted by the Architect. This is to include materials ofthe Contractor, nominated sub-Contractors and nominatedsuppliers.

Item -



- 1 2 5 -






EXISTING SERVICES

A Prior to the commencement of any work, the Contractor isto ascertain from the relevant authority the exact position,depth and level of all existing services in the area andhe/she shall make whatever provisions may be required bythe authorities concerned for the support, maintenance andprotection of such services.

Item -

PERFORMANCE BOND

B A bond of 10% of the contract sum will be required inaccordance with clause 6.00 under Section A regardingInstructions to Tenderers. No payment on account for theworks executed will be made to the contractor until he hassubmitted the Performance Bond to the Architect dulysigned, sealed and stamped from an approved Bank. Item

TENDER DOCUMENTS

C Tender documents are as listed in Clause 7 Item -

DELIVERY OF TENDER

D Tenders and all documents in connection therewith, asspecified above must be delivered in an addressedenvelope which should be properly sealed and deposited atthe offices as specified in the letter accompanying thesedocuments or as indicated in the advertisement.

Tenders will be opened at the time specified in the letteraccompanying these Tender Documents or as indicated inthe advertisement. Tenders delivered/received later thanthe above time will not be opened. Item -



- 1 2 6 -






VALUE ADDED TAX

A The Contractors attention is drawn to the Legal Notice inthe Finance Act part 3 Section 21(b) operative from 1stSeptember, 1993 which requires payment of VAT on allcontracts. The Contractor should therefore includeallowance in his rates and prices for prices for VAT and anyother Government taxes currently in force.

The tenderer is advised that in accordance with Governmentpublic notice No. 35 & 36 Dated 11th September 2003operational from 1st October 2003, 16% withholding VATwill be levied against the contract sum by the Employer andremitted to the Commissioner of VAT through all interimand final certificates. It should however be noted that this isnot additional tax but a new mode of payment for VAT. Anyexcess payment will be refundable once the Contractor hassubmitted monthly returns to the Commissioner of VAT whowill do the refunds when satisfied that the VAT regulationshave been complied with. Item -



- 1 2 7 -





Section No. 15

Bill No. 1

PARTICULAR PRELIMINARIES

COLLECTION

Page AmountNo Kshs


-120-

-121-

-122-

-123-

-124-

-125-

-126-

-127-

Carried to Final Summary K s h Section No. 15Bill No. 1PARTICULAR PRELIMINARIESM/s Impetus Cost Consultants Limited


- 1 2 8 -





Item AmountNo Kshs

TRADE PREAMBLES

GENERALLY

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

-

MANUFACTURERS’ NAMES

B Where manufacturers names and catalogue references are given, this shall be forguidance to quality and standard only. Alternative manufacturer of equal qualitywill be accepted at the discretion of the Project Manager.

-

WALLING

C All precast concrete blocks shall be manufactured by the methods and to the sizesspecified in the Ministry of Public Works Specification for Metric Sized ConcreteBlocks for Building (1972)

Walling of 100 mm thickness or under shall be reinforced with hoop iron everyalternate course.

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

-

Carried to Collection K s h Section No. 16Bill No. 1TRADE PREAMBLESM/s Impetus Cost Consultants Limited


- 1 2 9 -





Item AmountNo Kshs

CARPENTRY

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

All structural timber must conform to the minimum requirements for moisturecontent and preservative treatment and timber prices must allow for preparing,packing and sending samples for testing when required.

Prices must also include for all nails and fasteners. -

JOINERY

B Cypress for joinery shall be second grade in accordance with the latest gradingrules of the Kenya Government.

Where Mahogany is specified, this refers to prime grade only. The Contractor maywith the written approval of the Project Manager; use either Msharagi or Mvuli inlieu of Mahogany but such approval will be given only in the case of shortages ofthe hardwoods specified.

Plugging shall be carried out by drilling walling or concrete with masonry drill andfilling with propriety plugs of the correct sizes. Cutting with hammer and chisel willnot be allowed.

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

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

-



- 1 3 0 -





Item AmountNo Kshs

IRONMONGERY

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

Prices must include for removing and re-fixing during and after painting, labelingall keys, and for fixing to hardwood, softwood, concrete or block work.

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

-

STRUCTURAL STEELWORK

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

-

PLASTERWORK AND OTHER FINISHES

C All finishings shall be as described in the general specifications and in these Bills ofQuantities.

Prices for pavings are to include for brushing concrete clean, wetting and coatingwith cement and sand grout 1:1.

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

-



- 1 3 1 -





Item AmountNo Kshs

GLAZING

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

Prices for glazing shall include for priming of rebates before placing putty.

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

-

PAINTING

B Painting shall be applied in accordance with the manufacturers instructions.

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

-



- 1 3 2 -





Section No. 16

Bill No. 1

TRADE PREAMBLES

COLLECTION

AmountKshs


-130-

-131-

-132-

Carried to Final Summary K s h Section No. 16Bill No. 1TRADE PREAMBLESM/s Impetus Cost Consultants Limited


- 1 3 3 -





FINAL SUMMARY

Section Page AmountNo No Kshs

1 -29-SIGNATURE PAGE

2 -33-INSTRUCTION TO TENDERERS

3 -34-FORM OF TENDER

4 -37-BID BOND

5 -38-SURETY UNDERTAKING

6 -39-LETTER OF ACCEPTANCE

7 -42-FORM OF AGREEMENT

8 -45-SPECIAL CONDITIONS OF CONTRACT

9 -75-GENERAL CONDITIONS OF CONTRACT

10 -80-APPENDIX TO CONDITIONS OF CONTRACT

11 -83-SPECIFICATIONS

12 -87-BILLS OF QUANTITIES

13 -98-STANDARD FORMS

14 -118-GENERAL PRELIMINARIES

15 -128-PARTICULAR PRELIMINARIES

16 -133-TRADE PREAMBLES

Carried to Form of Tender K s h

M/s Impetus Cost Consultants Limited


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