Consultancy Marigat Endau Bridges

2.0.
REQUEST FOR PROPOSALS
FOR
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF
MARIGAT & ENDAU BRIDGES AND APPROACH ROADS ALONG

MARIGAT-MARICH PASS (B17) ROAD-LOT 1
TENDER NO: KeNHA/2358/2020
November, 2020
DIRECTOR GENERAL DIRECTOR (HIGHWAY PLANNING AND

KENYA NATIONAL HIGHWAYS DESIGN)
AUTHORITY KENYA NATIONAL HIGHWAYS AUTHORITY
P.O. BOX 49712 –00100 P.O. BOX 49712 –00100
NAIROBI NAIROBI
TABLE OF CONTENTS
SECTION A. Letter of Invitation 1
SECTION B. Information to Consultants 3
SECTION C. Technical Proposal – Standard Forms 14
SECTION D. Financial Proposal – Standard Forms 23
SECTION E. Terms of Reference 27
SECTION F. (I) Standard Forms of Contract 47
(II) General Conditions of Contract 53
(III) Special Conditions of Contract 61
(IV) List of Appendices 62
Consultancy Services for Construction Supervision of Marigat & Endau Bridges and Approach Roads along Marigat – Marich Pass (B17)
Road – Lot 1
SECTION A:
LETTER OF INVITATION
To: Consultant 17th November 2020
[Name and address of Consultant)
Dear Sir,
RE: CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF MARIGAT & ENDAU

BRIDGES AND APPROACH ROADS ALONG MARIGAT-MARICH PASS (B17) ROAD-LOT 1
The Director General, Kenya National Highways Authority invites proposals from eligible Engineering
Consultancy firms to provide the following consulting services:
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF MARIGAT & ENDAU

BRIDGES AND APPROACH ROADS ALONG MARIGAT-MARICH PASS (B17) ROAD-LOT 1
More details on the services are provided in the attached Request for Proposal.
The RFP includes the following documents:
Section A – Letter of Invitation

Section B – Information to Consultants
Section C – Technical Proposal – Standard Forms
Section D – Financial Proposal – Standard Forms
Section E – Terms of Reference
Section F – Standard Form of Contract.
List of Appendices
The following MUST be submitted together with the proposal:-
a) Copy of certificate of incorporation.
b) Copy of recent CR 12 Form (Issued within the last 6 Months from Tender Opening Date)
c) Copy of valid Tax Compliance Certificate
d) Copy of Proof of Registration with the Engineers Board of Kenya (EBK) as an Engineering
Consulting Firm.
e) Duly filled Confidential Business Questionnaire.
f) Duly filled and signed Schedule N Declaration Form for Bankrupt or Insolvent and Debarment.
g) Duly filled and signed Schedule M form on Anti-Corruption Declaration, Commitment and
Pledge Form
h) Copies of certificates and testimonial of the proposed key staff.

3
Road – Lot 1
i) Curriculum vitae (CVs) of the proposed key staff duly signed by the proposed individual.
j) Letters of availability for the assignment signed by the proposed key staff.
k) Details of Current work load.
l) Current Sworn Affidavit on Litigation History.
m) Client satisfaction on previous and current assignments. Evidence of having successfully carried
out design/design review and construction supervision of a road/bridge as a firm.
n) The tender has been duly signed by the person lawfully authorised to do so through the power of
attorney.
o) The tender is valid for the period required.
p) All pages of the bid document must be sequentially serialized.
NOTE:
 Firms or entities in a Joint Venture, Association or Sub Consultancy MUST
individually meet items (a), (b), (c) (d) (e) (f) and (g) of the preliminary requirements
and attach a duly signed and registered agreement.
 Certificates/Licenses may be verified from or with the Issuing Authorities or Agencies.
 This is a Government of Kenya Funded Project as specified in Section E of this tender

document. Pursuant to Section 157 of the Public Procurement and Asset Disposal Act
2015, the tender has exclusively been preserved for Kenyan Consultants.
A complete set of tender documents may be obtained by interested tenderers from the Kenya National
Highways Authority website: www.kenha.co.ke or www.tenders.go.ke free of charge OR from the
offices indicated below during normal working hours upon payment of a non – refundable fee of Kshs.
1,000 (One thousand shillings only) in form of banker’s cheque only payable to Kenya National Highways
Authority.
Completed tender documents are to be enclosed in plain sealed envelope clearly marked with tender name,
reference number and submitted to:-
Deputy Director (Supply Chain Management),

Kenya National Highways Authority,
Barabara Plaza, Block C, 2nd Floor, Jomo Kenyatta International Airport (JKIA),
Off Airport South Road, along Mazao Road
P.O. Box 49712 – 00100
NAIROBI, KENYA
Please note that bulky tenders which do not fit in the Tender Box shall be delivered to the Supply
Chain Management office at Barabara Plaza, Block C, 2nd Floor, Jomo Kenyatta International
Airport (JKIA), Off Airport South Road, along Mazao Road.
4
Road – Lot 1
All interested bidders are required to continually check the Kenya National Highways Authority
website: www.kenha.co.ke for any tender addendums or clarifications that may arise before the
submission date.
The bids should be received on or before Thursday 26th November, 2020 at 11.00am, East African
Time.
Electronic bidding will NOT be permitted. Late bids will be rejected
Opening of the bids will take place immediately thereafter at Barabara Plaza, Block C, 2nd Floor Board
Room, in the presence of Tenderers/Representatives who wish to attend.
Deputy Director - Supply Chain Management

For: DIRECTOR GENERAL
5
Road – Lot 1
SECTION B:-
INFORMATION TO CONSULTANTS
1. Introduction 1.1 The Client named in Appendix “A” will select a firm among those
invited to submit a proposal, in accordance with the method of selection
detailed under this section.
1.2 The Consultants are invited to submit a Technical Proposal and a Financial
Proposal, or a Technical Proposal only, as specified in Appendix “A” for
consulting services required for the assignment named in the said Appendix. A
Technical Proposal only may be submitted in assignments where the Client
intends to apply standard conditions of engagement and scales of fees for
professional services as is the case with Building and Civil Engineering
Consulting services. In such a case the highest ranked firm of the technical
proposal shall be invited to negotiate a contract on the basis of scale fees. The
proposal will be the basis for Contract negotiations and ultimately for a signed
Contract with the selected firm.
1.3 The Consultants must familiarize themselves with local conditions and
take them into account in preparing their proposals. To obtain first hand
information on the assignment and on the local conditions, Consultants are
encouraged to liaise with the Client regarding any information that they may
require before submitting a proposal and to attend a pre-proposal conference
where applicable. Consultants should contact the officials named in Appendix
“A” to arrange for any visit or to obtain additional information on the pre-
proposal conference. Consultants should ensure that these officials are
advised of the visit in adequate time to allow them to make appropriate
arrangements.
1.4 The Client will provide the inputs specified in Appendix “A”, assist the
firm in obtaining licenses and permits needed to carry out the services and
make available relevant project data and reports.
1.5 Please note that (i) the costs of preparing the proposal and of negotiating
the Contract, including any visit to the Client are not reimbursable as a direct
cost of the assignment; and (ii) the Client is not bound to accept any of the
proposals submitted.
2. Clarification 2.1 Consultants may request a clarification of any of the RFP documents
and only up to seven [7] days before the proposal submission date. Any request
Amendment for clarification must be sent in writing by papermail, cable, telex, facsimile or
of RFP electronic mail to the Client’s address indicated in Appendix “A”. The Client
6
Road – Lot 1
Documents will respond by cable, telex, facsimile or electronic mail to such requests and
will send written copies of the response (including an explanation of the query
but without identifying the source of inquiry) to all invited consultants who
intend to submit proposals.
At any time before the submission of proposals, the Client may for any reason,
whether at his own initiative or in response to a clarification requested by an
invited firm, amend the RFP. Any amendment shall be issued in writing
through addenda. Addenda shall be sent by mail, cable, telex or facsimile to
all invited consultants and will be binding on them. The Client may at his
discretion extend the deadline for the submission of proposals.
3. Preparation 3.1 The Consultants proposal shall be written in English language.

of Proposal
Technical 3.2 In preparing the Technical Proposal, Consultants are expected

Proposal to examine the documents constituting this RFP in detail. Material
deficiencies in providing the information requested may result in rejection of
a proposal.
3.3 While preparing the Technical Proposal, Consultants must give particular
attention to the following:
a. If a firm considers that it does not have all the expertise for the
assignment, it may obtain a full range of expertise by associating with
individual consultant(s) and/or other firms or entities in a joint venture
or sub consultancy as appropriate. Consultants shall not associate with
the other consultants invited for this assignment. Any firms
associating in contravention of this requirement shall automatically be
disqualified.
b. For assignments on a staff-time basis, the estimated number of

professional staff-months is given in Appendix “A”. The proposal shall
however be based on the number of professional staff - months
estimated by the firm.
c. It is desirable that the majority of the key professional staff proposed

be permanent employees of the firm or have an extended and stable
working relationship with it.
d. Proposed professional staff must as a minimum, have the experience

indicated in Appendix “A”, preferably working under conditions
similar to those prevailing in Kenya.
7
Road – Lot 1
e. Alternative professional staff shall not be proposed and only one
Curriculum Vitae (CV) may be submitted for each position.
3.4 The Technical Proposal shall provide the following information using the
attached Standard Forms;
(i) A brief description of the firm’s organization and an outline of recent

experience on assignments of a similar nature. For each assignment
the outline should indicate inter alia, the profiles of the staff
proposed, duration of the assignment, contract amount and firm’s
involvement.
(ii) Any comments or suggestions on the Terms of Reference, a list of

services and facilities to be provided by the Client.
(iii) A description of the methodology and work plan for performing the
assignment.
(iv) The list of the proposed staff team by speciality, the tasks that would
be assigned to each staff team member and their timing.
(v) CVs recently signed by the proposed professional staff and the
authorized representative submitting the proposal. Key information
should include number of years working for the firm/entity and
degree of responsibility held in various assignments during the last
ten (10) years.
(vi) Estimates of the total staff input (professional and support staff staff-
time) needed to carry out the assignment supported by bar chart
diagrams showing the time proposed for each professional staff team
member.
(vii) A detailed description of the proposed methodology, staffing and

monitoring of training, if Appendix “A” specifies training as a major
component of the assignment.
(viii) The Consultant MUST demonstrate that they carried out previous
Design review and supervision assignments successfully without
issues and delivered on time to the satisfaction of the client.
(ix) Any additional information requested in Appendix “A”.
3.5 The Technical Proposal shall not include any financial information.
8
Road – Lot 1
Financial 3.6 In preparing the Financial Proposal, Consultants are expected
Proposal to take into account the requirements and conditions outlined in the RFP
documents. The Financial Proposal should follow Standard Forms (Section
D). It lists all costs associated with the assignment including;
(a) Remuneration for staff (in the field and at headquarters), and;
(b) Reimbursable expenses such as subsistence (per diem, housing),
transportation (international and local, for mobilization and
demobilization), services and equipment (vehicles, office equipment,
furniture, and supplies), office rent, insurance, printing of documents,
surveys, and training, if it is a major component of the assignment. If
appropriate these costs should be broken down by activity.
3.7 The Financial Proposal should clearly identify as a separate amount, the
local taxes, duties, fees, levies and other charges imposed under the law on
the consultants, the sub-consultants and their personnel, unless Appendix
“A” specifies otherwise.
3.8 Consultants shall express the price of their services in Kenya Shillings.
3.9 Commissions and gratuities, if any, paid or to be paid by Consultants and

related to the assignment will be listed in the Financial Proposal submission
Form.
3.10 The Proposal must remain valid for 120 days after the submission date.
During this period, the Consultant is expected to keep available, at his own
cost, the professional staff proposed for the assignment. The Client will
make his best effort to complete negotiations within this period. If the Client
wishes to extend the validity period of the proposals, the Consultants who do
not agree have the right not to extend the validity of their proposals.
4. Submission, 4.1 The original proposal (Technical Proposal and, if required, Financial Proposal
Receipt, and ; see para. 1.2) shall be prepared in indelible ink. It shall contain no
Opening of interlineations or overwriting, except as necessary to correct errors made by
Proposals the firm itself. Any such corrections must be initialled by the persons or person
authorised to sign the proposals.
4.2 For each proposal, the Consultants shall prepare the number of copies
indicated in Appendix “A”. Each Technical Proposal and Financial
Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If
there are any discrepancies between the original and the copies of the
proposal, the original shall govern.
9
Road – Lot 1
4.3 The original and all copies of the Technical Proposal shall be placed in a
sealed envelope clearly marked “TECHNICAL PROPOSAL,” and the
original and all copies of the Financial Proposal in a sealed envelope clearly
marked “FINANCIAL PROPOSAL” and warning: “DO NOT OPEN
WITH THE TECHNICAL PROPOSAL”. Both envelopes shall be
placed into an outer envelope and sealed. This outer envelope shall bear the
submission address and other information indicated in Appendix “A” and
be clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF
THE EVALUATION COMMITTEE.”
4.4 The completed Technical and Financial Proposals must be delivered at the
submission address on or before the time and date stated in Appendix “A”.
Any proposal received after the closing time for submission of proposals
shall be returned to the respective Consultant unopened.
4.5 After the deadline for submission of proposals, the Technical Proposal shall
be opened immediately by the evaluation committee. The Financial
Proposal shall remain sealed and deposited with a responsible officer of the
client department until all submitted proposals are opened publicly.
5. Proposal 5.1 From the time the bids are opened to the time the Contract is awarded, if any
Evaluation consultant wishes to contact the Client on any related to his proposal, he
General should do so in writing at the address indicated in Appendix “A”. Any effort
by the firm to influence the Client in the proposal evaluation, proposal
comparison or Contract award decisions may result in the rejection of the
consultant’s proposal.
5.2 Evaluators of Technical Proposals shall have no access to the Financial

Proposals until the technical evaluation is concluded.
Evaluation 5.3 The evaluation committee appointed by the Client shall evaluate the proposals
of Technical on the basis of their responsiveness to the Terms of Reference, applying the
Proposals evaluation criteria as follows as detailed in Appendix B.
Each responsive proposal will be given a technical score (St). A proposal

shall be rejected at this stage if it does not respond to important aspects of
the Terms of Reference or if it fails to achieve the minimum technical score
indicated in Appendix “A”.
Public 5.4 After Technical Proposal evaluation, the Client shall notify those consultants
Opening and whose proposals did not meet the minimum qualifying mark or were
Evaluation of considered non-responsive to the RFP and Terms of Reference, indicating that
Financial their Financial Proposal will be returned after completing the selection
10
Road – Lot 1
Proposals process. The Client shall simultaneously notify the consultants who have
secured the minimum qualifying mark, indicating the date and time set for
opening the Financial Proposals and stating that the opening ceremony is open
to those consultants who choose to attend. The opening date shall not be
sooner than seven (7) days after the notification date. The notification may be
sent by registered letter, cable, telex, facsimile or electronic mail.
5.5 The Financial Proposals shall be opened publicly in the presence of the
consultants’ representatives who choose to attend.
5.6 The name of the Consultant, the technical scores and the proposed prices
shall be read aloud and recorded when the Financial Proposals are opened.
The Client shall prepare minutes of the public opening.
5.7 The evaluation committee will determine whether the financial proposals are
complete (i.e. whether the Consultants have costed all the items of the
corresponding Technical Proposal and correct any computational errors.
The cost of any unpriced items shall be assumed to be included in other costs
in the proposal. In all cases, the total price of the Financial Proposal as
submitted shall prevail.
5.8 While comparing proposal prices between local and foreign firms
participating (where applicable) in a selection process in financial
evaluation of Proposals, firms incorporated in Kenya where indigenous
Kenyans own 51% or more of the share capital shall be allowed a 10%
preferential bias in proposal prices. However, there shall be no such
preference in the technical evaluation of the tenders. Proof of local
incorporation and citizenship shall be required before the provisions of this
sub-clause are applied. Details of such proof shall be attached by the
Consultant in the financial proposal.
5.9 The formulae for determining the Financial Score (Sf) shall, unless an
alternative formulae is indicated in Appendix “A”, be as follows:-
Sf = 20 X Fm/F where Sf is the financial score; Fm is the lowest priced
financial proposal and F is the price of the proposal under consideration.
Proposals will be ranked according to their combined technical (St) and
financial (Sf) scores. The combined technical and financial score, S, is
calculated as follows: - S = (St + Sf) %. The firm achieving the highest
combined technical and financial score will be invited for negotiations.
6. Negotiations 6.1 Negotiations will be held at the same address as “address to

Send information to the Client” indicated in Appendix “A”. The aim is to
reach agreement on all points and sign a contract.
6.2 Negotiations will include a discussion of the Technical Proposal, the

proposed methodology (work plan), staffing and any suggestions made by
11
Road – Lot 1
the firm to improve the Terms of Reference. The Client and firm will then
work out final Terms of Reference, staffing and bar charts indicating
activities, staff periods in the field and in the head office, staff-months,
logistics and reporting. The agreed work plan and final Terms of Reference
will then be incorporated in the “Description of Services” and form part of
the Contract. Special attention will be paid to getting the most the firm can
offer within the available budget and to clearly defining the inputs required
from the Client to ensure satisfactory implementation of the assignment.
6.3 Unless there are exceptional reasons, the financial negotiations will not
involve the remuneration rates for staff (no breakdown of fees).
6.4 Having selected the firm on the basis of, among other things, an evaluation
of proposed key professional staff, the Client expects to negotiate a contract
on the basis of the experts named in the proposal. Before contract
negotiations, the Client will require assurances that the experts will be
actually available. The Client will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection
process makes such substitution unavoidable or that such changes are critical
to meet the objectives of the assignment. If this is not the case and if it is
established that key staff were offered in the proposal without confirming
their availability, the firm may be disqualified.
6.5 The negotiations will conclude with a review of the draft form of the
Contract. To complete negotiations the Client and the selected firm will
initial the agreed Contract.
If negotiations fail, the Client will invite the firm whose proposal received
the second highest score to negotiate a contract.
7. Award of 7.1 The Contract will be awarded following negotiations. After

Contract negotiations are completed; the Client will promptly notify other consultants
on the shortlist that they were unsuccessful and return the Financial
Proposals of those consultants who did not pass the technical evaluation.
7.2 The selected firm is expected to commence the assignment on the date and at
the location specified in Appendix “A”.
12
Road – Lot 1
The Client requires that the Consultant observes the highest standard
of ethics during the selection and award of the consultancy contract
8. Corrupt or 8.1 and also during the performance of the assignment. The tenderer shall
Fraudulent sign a declaration that he has not and will not be involved in corrupt
Practices or fraudulent practices. In pursuance of this policy, the Client:
Defines, for purposes of this provision, the terms set forth below as
follows:
(a)
(i) “corrupt practice” means the offering, giving, receiving or
soliciting of anything of value to influence the action of a
public official in the procurement process or in contract
execution: and
(ii) “fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of
a contract to the detriment of the Client, and includes
collusive practice among bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Client of the benefits of
free and open competition;
9. Confidentiality 9.1Information relating to evaluation of proposals and recommendations

concerning awards shall not be disclosed to the consultants who
submitted the proposals or to other persons not officially concerned with
the process, until the winning firm has been notified that it has been
awarded the Contract.
13
Road – Lot 1
APPENDIX “A”
Clause
Reference
1.1 & 2.1 The name of the Client is:

Director General,
Kenya National Highways Authority
1.2 & 6.2 Technical and Financial Proposals are requested: Yes
A Technical Proposal only is requested: No
The name, objectives, and description of the assignment are:
Consultancy Services for Construction Supervision of Marigat & Endau Bridges

and Approach Roads along Marigat – Marich Pass (B17) Road – Lot 1.
1.3 A pre-bid site visit will be held: No
The name(s), address (es) and telephone numbers of the Client’s official(s) are:
Eng. S. O. Omer Eng. Jared Makori

Director (Highway Planning & Design) D.Director Head (Structures)
KeNHA KeNHA
P.O. Box 49712 or P.O. Box 49712
NAIROBI NAIROBI
Tel: (+254) 20 495 4108 Tel: (254) 20 495 4112
Fax:(254) 20 271 5483 Fax:(254) 20 271 5483
Email: [email protected] Email: [email protected]
3.3
i). The Consultant will be responsible for determining the number of professional
staff months to be assigned for any activity.
ii). The duration required to complete the assignment is Eighteen (18) months
broken down as follows: Six (6) months Supervision and Twelve (12) months
Defects Liability Period.
iii). The minimum required experience in years of proposed professional staff and
the points assigned to each is as shown hereunder:-
14
Road – Lot 1
Years Points
Project Director 15 12
Resident Engineer 10 12
Bridge/Structural/Drainage Engineer 8 10
Highway Design Engineer (short term engagement) 8 6
Materials Engineer (short term engagement) 8 6
Environmentalist (short term engagement) 8 5
Surveyor 8 5
Materials Technologist 8 5
Bridge Inspector (1) 6 3.5
Bridge Inspector (2) 6 3.5
Draughtsperson 4 2
Total 70
Note
 All other required staff must be listed and their remuneration to be included in
the rates for staff listed above.
An Evaluation grid is attached (Appendix B).
3.4 (i) Training of Client Engineers is a specific component of this assignment: Yes
3.7 Taxes:
The Consultant shall be liable to pay all taxes, duties and levies including VAT in
accordance with the laws of Kenya and the Client shall not reimburse any amount
paid in this context.
4.2 Consultants must submit 1 (One) original and 1 (Copy) of each proposal. Soft copy
of the proposal should also be submitted in CD-ROM or Flash drive. The soft copy
should simply be a full scan of the completed/serialized original proposal from
cover to cover. The soft copy should NOT contain the financial proposal.
The proposal submission address is:

Deputy Director (Supply Chain Management),
Kenya National Highways Authority,
Barabara Plaza, Block C, 1st Floor, Jomo Kenyatta International Airport (JKIA),
P.O. Box 49712 – 00100
NAIROBI, KENYA
The outer envelope shall also be clearly marked:
15
Road – Lot 1
“Consultancy Services for Construction Supervision of Marigat & Endau Bridges and
Approach Roads along Marigat – Marich Pass (B17) Road – Lot 1”
TENDER NO: KeNHA/2358 /2020
4.3 Proposals must be submitted no later than the following date and time:
Thursday, 26th November, 2020 at 11.00am.
5.1 The address to send information to the Client is:
Eng. S. O. Omer Eng. Jared Makori

Director (Highway Planning & Design) D.Director Head (Structures)
KeNHA KeNHA
P.O. Box 49712 or P.O. Box 49712
NAIROBI NAIROBI
Tel: (+254) 20 495 4108 Tel: (254) 20 495 4112
Fax:(254) 20 271 5483 Fax:(254) 20 271 5483
Email: [email protected] Email: [email protected]
5.2 The minimum technical % score required to pass is 80%.
5.9 Alternative formulae for determining the financial scores is the following: None
The assignment is expected to commence immediately after signing of the contract

by all parties. The weights are as follows: Technical Proposal, T = 80; Financial
Proposal, P = 20.
6.0 Commencement of Assignment: Fourteen days after order to commence
16
Road – Lot 1
APPENDIX “B”
EVALUATION GRID
METHODOLOGY AND ORGANISATION
Firm’s Experience and Organisation 15

Comments on Terms of Reference 5
Methodology and Work plan 10
Total score for Methodology and Organisation 30
KEY PERSONNEL
1.Project director (max. 12 points)

a. Qualification and skills 4
b.General professional experience 3
c. Specific professional experience 5
2.Resident Engineer (max. 12 points)

a. Qualification and Skills 4
3.Bridge Engineer/ Assistant Resident Engineer (max. 10 points)

4.Highway Design Engineer (max. 6 points)

(Short-term engagement)
5.Materials Engineer (max. 6 points)

6.Environmentalist (Maximum 5 points)

17
Road – Lot 1
7.Surveyor (max. 5 points)

8.Materials Technologist (max. 5 points)

9.Bridge Inspector (1) (max. 3.5 points)

a. Qualification and Skills 0.5
b.General professional experience 1.5
c. Specific professional experience 1.5
10. Bridge Inspector (2) (max. 3.5 points)

c. Specific professional experience 1.5
11. Draughtsperson (max. 2 points)

Total score for Key Personnel 70

.
18
Road – Lot 1
SECTION C: -
TECHNICAL PROPOSAL – STANDARD FORMS
These forms shall include;
i) Technical Proposal submission form.
ii) Firm’s references.
iii) Comments and suggestions of Consultants on the Terms of Reference and on data, services and
facilities to be provided by the Client.
iv) Description of the methodology and work plan for performing the assignment.
v) Team composition and task assignments.
vi) Firm’s Current Workload
vii) Format of curriculum vitae (CV) for proposed professional staff.
viii) Time schedule for professional personnel – short term experts
ix) Time schedule for professional personnel – construction period
x) Time schedule for professional personnel – defects liability period
xi) Activity (work) schedule.
xii) Confidential Business Questionnaire
19
Consultancy Services for Construction Supervision of Marigat & Endau Bridges and Approach Roads along Marigat – Marich Pass
(B17) Road – Lot 1
(i). TECHNICAL PROPOSAL SUBMISSION FORM
[_______________ Date]
To:______________________[Name and address of Client)
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for __________________
_______________________________[Title of consulting services] in accordance with your Request
for Proposal dated ______________________[Date] and our Proposal. We are hereby submitting
our Proposal, which includes this Technical Proposal, [and a Financial Proposal sealed under a
separate envelope-where applicable].
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
_______________________________[Authorized Signature]:
________________________________[Name and Title of Signatory]

:
_________________________________[Name of Firm]
:
_________________________________[Address:]
20
(ii). FIRM’S REFERENCES
Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications
Using the format below, provide information on each assignment for which your firm either
individually as a corporate entity or in association, was legally contracted (attach letters of awards
or completion certificates as proof of evidence).
Assignment Name: Country
Location within Country: Professional Staff provided by Your
Firm/Entity(profiles):
Name of Client: No. of Staff:
Address:
No of Staff-Months; Duration of
Assignment:
Start Date (Month/Year): Completion Date Approx. Value of Services (Kshs)
(Month/Year):
Name of Associated Consultants. If any:

No of Months of Professional
Staff provided by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:
Narrative Description of project:
Description of Actual Services Provided by Your Staff:
Firm’s Name: ___________________________________
Name and title of signatory; ________________________
21
(iii) COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF
REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED
BY THE CLIENT.
On the Terms of Reference:
1.
2.
3.
4.
5.
On the data, services and facilities to be provided by the Client:
1.
2.
3.
4.
5.
22
(iv) DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT
23
(v) TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Technical/Managerial Staff
Name Position Task
2. Support Staff
Name Position Task
24
(vi). FIRM’S CURRENT WORKLOAD
Using the format below, provide information on each assignment for which your firm either
individually as a corporate entity or in association, is legally contracted to carry out (attach letters of
award of contracts).
Assignment Name: Country
Location within Country: Professional Staff provided by Your
Firm/Entity(profiles):
Name of Client: No. of Staff:
Address:
No of Staff-Months; Duration of
Assignment:
Start Date (Month/Year): Expected date of Completion Approx. Value of Services
(Month/Year): (Kshs)
Name of Associated Consultants. If any:

No of Months of Professional
Staff provided by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:
Narrative Description of project:
Description of Actual Services Provided by Your Staff:
Firm’s Name: ___________________________________
Name and title of signatory;________________________
25
(vii). FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL
STAFF
Proposed Position: ____________________________________________________________
Name of Firm: ________________________________________________________________
Name of Staff: __________________________________________________________________
Profession: _____________________________________________________________________
Date of Birth: __________________________________________________________________
Years with Firm: ___________________________ Nationality: ______________________
Membership in Professional Societies: __________________________________________

Current Engagement: ____________________________________
Detailed Tasks Assigned: _______________________________________________________
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of
responsibility held by staff member on relevant previous assignments and give dates and locations].
Education:
[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended
and degree[s] obtained.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by staff member since
graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]
Certification:
I, the undersigned, certify that these data correctly describe me, my qualifications, and my
experience.
_________________________________________________________ Date: ______________
[Signature of staff member]
___________________________________________________________________ Date; ______________
[Signature of authorized representative of the firm]
Full name of staff member: _____________________________________________________
Full name of authorized representative: _________________________________________
26
(viii). TIME SCHEDULE FOR PROFESSIONAL PERSONNEL – (Short Term Experts)
Months (in the Form of a Bar Chart)
Name Position Reports Due/ 1 2 3 4 5 6 7 8 ......15

Activities
Reports Due: _________

Activities Duration: _________
Signature: ________________________
(Authorized representative)
Full Name: ________________________
Title: ______________________________
Address:___________________________
27
Consultancy Services for Construction Supervision of Marigat & Endau Bridges and Approach Roads along Marigat – Marich Pass (B17) Road – Lot 1
(ix). TIME SCHEDULE FOR PROFESSIONAL PERSONNEL – Construction period
Name Position Reports Due/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Activities

Signature:________________________
Full Name:________________________
Title:______________________________
Address:___________________________
28
Consultancy Services for Construction Supervision of Marigat & Endau Bridges and Approach Roads along Marigat – Marich Pass (B17) Road – Lot 1
(x). TIME SCHEDULE FOR PROFESSIONAL PERSONNEL – Defects liability period
Name Position Reports 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Due/
Activities

Signature:________________________
Full Name:________________________
Title:______________________________
Address:___________________________
29
(xi). ACTIVITY (WORK) SCHEDULE
(a). Supervision Activities
[M0, M1, M3 are months from the start of assignment)

M1 M2 M3 M4 ….Mn M(n+1) M(n+2) M(n+3)
Activity (Work)
30
Road – Lot 1
(xii). CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a). 2(b) or 2(c) whichever
applies to your type of business.
You are advised that it is a serious offence to give false information on this Form.
Part 1 - General:
Business name….................................................................................................
Location of business premises

............................................................................................................................
Plot No..................................... Street/Road......................................................
Postal Address............................ Tel No..............................................................
Nature of business..............................................................................................
............................................................................................................................
Current Trade Licence No. .....................................Expiring Date.......................
Maximum value of business which you can handle at any one time:
Kshs....................................................................................................................
Name of your Bankers.........................................................................................
Branch.................................................................................................................
Are you an agent of the Kenya National Trading Corporation? YES/NO
Part 2(a) - Sole Proprietor:
Your name in full..............................................................................................
Age....................................................................................................................
31
Road – Lot 1
Nationality ..........................................Country of origin.....................................
*Citizenship details..............................................................................................
Part 2(b) - Partnership:
Give details of partners as follows:
Name Nationality Citizenship Details* Shares
1...........................................................................................................................
2...........................................................................................................................
3...........................................................................................................................
4..........................................................................................................................
5...........................................................................................................................
Part 2(c) - Registered Company:
Private or public..................................................................................................
State the nominal and issued capital of the company-
Nominal Kshs......................................................................................................
Issued Kshs........................................................................................................
Give details of all directors as follows:
Name Nationality Citizenship Details* Shares

1...........................................................................................................................
2...........................................................................................................................
3...........................................................................................................................
32
Road – Lot 1
4...........................................................................................................................
5...........................................................................................................................
Part 2(d) - Interest in the Firm:

Is there any person / persons in the Kenya National Highways authority who has interest in this firm? Yes
/No**
............................. ..............................................................
Date Signature of Bidder
* Attach Proof of Citizenship

** Delete as necessary
33
Road – Lot 1
SECTION D:-
FINANCIAL PROPOSAL – STANDARD FORMS
These forms shall include;
i) Financial Proposal submission form.
ii) Summary of costs.
iii) Breakdown of price per activity.
iv) Breakdown of remuneration per activity.
v) Reimbursable per activity.
vi) Miscellaneous expenses.
34
Road – Lot 1
(i) FINANCIAL PROPOSAL SUBMISSION FORMS
________________ [Date]
To: ______________________________________
______________________________________
______________________________________
[Name and address of Client]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for (____________) [Title of consulting
services] in accordance with your Request for Proposal dated (__________________) [Date] and our
Proposal. Our attached Financial Proposal is for the sum of
(_________________________________________________________________) [Amount in words and
figures] inclusive of the taxes.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
_____________________________[Authorized Signature]:
_____________________[Name and Title of Signatory]
_______________________[Name of Firm]
______________________[Address]
35
Road – Lot 1
(ii) SUMMARY OF COSTS
Costs Currency(ies) Amount(s)
Subtotal
Add 10% Contingency
Taxes
Total Amount of Financial Proposal __________________
(iii) BREAKDOWN OF PRICE PER ACTIVITY
Activity NO.: _______________________ Description:_________________________
Price Component Amount(s)
Remuneration
Reimbursable Expenses
Miscellaneous Expenses
Subtotal _______________________________
(iv) BREAKDOWN OF REMUNERATION PER ACTIVITY
Activity No._________________ Activity Name:_______________________
Names Position Input (Staff months, days or Remuneration Amount

hours Rate as appropriate.)
Regular staff
(i)
(ii)
Consultants
Grand Total
36
Road – Lot 1
(v). REIMBURSABLE PER ACTIVITIES
Activity No: ___________________________ Activity Name:______________________
No. Description Unit Quantity Unit Price Total Amount

1. Air travel Trip
2 Road travel Kms
3. Rail travel Kms
4. Subsistence Allowance Day
Grand Total ____________
(vi) MISCELLANEOUS EXPENSES
Activity No. ______________________________ Activity Name: _______________________
No. Description Unit Quantity Unit Price Total Amount
1. Communication costs____
_________________________
(telephone, telegram, telex)
2. Drafting, reproduction of reports
Equipment: computers etc.

3.
Software
4.
Training of 2 No. Client’s
5. Engineers for the entire contract
period
Grand Total
______________
37
Road – Lot 1
SECTION E:-
TERMS OF REFERENCE FOR CONSULTANCY SERVICES FOR CONSTRUCTION

SUPERVISION OF MARIGAT & ENDAU BRIDGES AND APPROACH ROADS ON
MARIGAT-MARICH PASS (B8) ROAD
1.1 General
The Government of the Republic of Kenya (GoK) has set aside funds for the above project under
Development budget. Kenya National Highways Authority intends to use part of the funds in
engaging the services of a Consultancy Firm to undertake construction supervision of Marigat &
Endau Bridges and Approach Roads along Marigat – Marich Pass (B17) Road.
Kenya National Highways Authority shall require the Consultant to render all technical support
services which may be deemed relevant to the above study. The detailed description of the consulting
services to be performed is described in these Terms of Reference (TOR).
1.2 Selection Criteria

The Consultant selected to undertake the Construction Supervision Consultancy shall meet the
following requirements:
i) Experience in Construction Supervision of multi-span highway bridge structures with
minimum single span of 30m and total bridge span of 60m.
ii) Experience in Construction Supervision of Roads to bitumen standards of minimum 10Km.
iii) Experience in Design of Roads to bitumen standards of minimum 10Km.
iv) Experience in working in insecurity prone areas for a minimum of 2yrs.
v) Experience in Construction Supervision of Modular or Composite bridge structures.
1.3 Project Description

The ongoing proposed bridges’ projects are located in Baringo County of the former Rift-valley
province. The two bridges (Marigat and Endau) are on the section of road B17 across rivers Lebus
and Endao respectively.
1.4 Contract Objectives

The overall objective of the project is to attain a sustainable, safe road network, which facilitates
economic growth and improves living standards in Kenya.
The specific objectives of this contract are to ensure that the ongoing Marigat & Endau Bridge
projects are constructed to the required standard and concluded within the Contract Sum and Time
for Completion.
The Consultant will be appointed as the Engineer's Representative and shall provide services to
include but not be limited to the following:
 Prepare land acquisition drawings, if required.

 Prepare Environmental and Social Impact Assessment Reports, RAP if necessary and follow
up on the implementation of the environmental Management Plan (EMP)
 Ensure the bridge project is constructed to the required standard, and within the contract sum
 Study the Contractor’s work programme and working drawings and advise the Engineer
38
Road – Lot 1
accordingly.
 Carry out Environmental Audit in accordance with the environment management plans
 Supervise all construction works
 Enforce environmental mitigation measures
 Check and forward interim and final payment certificates for approval by the Engineer
 Evaluate contractual claims and forward recommendations to the Engineer
 Prepare monthly progress and end of project reports
 Conduct project cost appraisals and advice the Client
 Provide training to client’s personnel
 Prepare as-built drawings
 Prepare the completion reports
39
Road – Lot 1
3.0 SCOPE OF WORK
3.1 General
The Consultant shall perform all work necessary as called for in these Terms of Reference
including all technical studies, field investigations and related services. In carrying their work, the
Consultant shall co-operate fully with the concerned agencies of the Government of Kenya, in
particular the Kenya National Highways Authority, Provincial Administration, Ministry of Lands
& Housing, amongst others. The Consultant shall provide the necessary support services related to
and necessary for the completion of the assignment. The work shall cover but not be limited to the
aspects outlined in these Terms of Reference.
3.2 Location and Extent of Contract
The project comprises the construction of Marigat & Endau Bridges and Approach Roads, 500
metres respectively on either side of the bridges to bitumen standards.
The Major Works to be executed under the Contract comprise mainly of but are not limited to the
following:
i. Site clearance.
ii. Earthworks including excavating, grading and shaping of approach roads to the bridge.
iii. Excavation for foundation of the bridge substructure.
iv. Backfilling with selected fill material as directed by the Engineer.
v. Construction of bridge substructure and superstructure (deck slab).
vi. Cement/lime sub base and base for the approach roads
vii. Asphalt concrete surfacing and single seal finishing
viii. Construction of guardrail barriers and road signs
ix. Landscaping and planting of trees and other vegetation
x. Any other activity deemed necessary by the Engineer
xi. Maintenance of the works during the construction period. The defects liability period shall be
12 months.
3.3 Description
The Works consists of: -
Stage 1– Works Supervision-6 Months

 Oversee and monitor the Contractor’s mobilisation.
 Review of the Contractor’s work programmes
 Monitoring, on a day-to-day basis, of the Contractor’s adherence to Work programmes and the
Contract.
 Approval of the Contractor’s proposed materials sites.
 Issuance of Site Instructions.
 Verification of quality of executed works and materials used.
 Verification of measurements and issuance of interim payment certificates.
40
Road – Lot 1
 Preparation of Progress Reports.
 Advising the Engineer on problems arising during the execution of the works.
 Arranging for the relocation of services.
 Monitoring of sound use of resources and protection of the environment.
 Requesting for assistance in HIV/AIDS awareness campaigns from the Ministry of Health.
 Co-ordinating with third parties, e.g. public utilities, traffic police.
 Analysis of any claims submitted by the contractor(s).
 Services at Taking Over of the works.
Stage 2 – Services during Maintenance Period (Defects Liability Period)-12 Months
 Inspection of defect rectification works and maintenance.

 Services at End of Defects Liability of the works.
 Preparation of Final Completion Report, Final Accounts and As-built drawings.
41
Road – Lot 1
3.0 DETAILED SCOPE OF WORK
3.1 General
a. The Consultant shall perform all engineering, financial and environmental analyses and related
work as described herein to attain the objective of the study.
b. The overall responsibility for administrative and coordination of the study rests with the
Director General, Kenya National Highways Authority (KeNHA). The execution of the study
will be the direct responsibility of the Director (Highway Planning and Design) of KeNHA.
c. In the conduct of his work, the Consultant shall cooperate fully with the Director (Highway
Planning and Design) of KeNHA, the Ministry of Lands and Settlement, the Provincial
administration and all other relevant Government Departments and Agencies. KeNHA will
provide the Consultant with the data and services outlined herein. The Consultant shall be
responsible, however for the analysis and interpretation of all data received, and the
conclusions and recommendations in his report.
3.2 STAGE 1: WORKS SUPERVISION
3.2.1 Mobilisation
The Consultant shall supervise the mobilisation of the Contractor, checking to ensure that
mobilisation is being done in accordance with the Contract Specifications.
3.2.2 Review of work programs and monitoring of the adherence to these programmes
The Consultant will scrutinize the Contractor’s work programme, schedule of plant and cash-flow
projections. Where appropriate he will request clarification without, however, imposing any
modifications on the Contractor. The Consultant has, however, the right to reject a works
programme that is either unrealistic, will imply unacceptable obstruction of the normal traffic flows
or is unacceptable for other major considerations to be indicated by the Consultant with reference
to the stipulations of the contract. Once the work programme(s) is (are) approved, a parallel
schedule of services to be rendered by third parties (public utilities, Traffic Police Department,
etc.) will be submitted by the Contractor for approval by the Consultant.
The Consultant will inspect the Contractor’s proposed materials sites and conduct necessary
confirmatory testing before approving them for acquisition and use on the works.
The Consultant will review the measures for traffic management proposed by the Contractor with
respect to traffic diversions and passage of traffic through the works in order to ensure minimal
disruption of normal traffic flows and further to ensure that the measures proposed will in no case
compromise the safety of the road users.
The Consultant will issue the final setting out data and finished road levels by way of site
instructions to the Contractor to allow him to proceed with the detailed setting out of works.
The Consultant will be responsible for identifying those items requiring the approval of the
Engineer and bring these items to his attention. The Consultant will be responsible for informing
42
Road – Lot 1
the Contractor clearly and unambiguously on decisions made by the Engineer on these and all other
issues of relevance to the proper execution of the Contract.
The Consultant shall organise monthly progress site meetings and shall monitor the progress of the
works and shall report on these issues to all parties concerned in his Monthly Progress Reports.
The Contractor is responsible for the construction and handing over of the works in accordance
with the Contract. The Consultant shall ensure that any modification/variation to the Contract is
approved in accordance with the provisions in the Conditions of Contract.
The Consultant shall ensure that an adequate record of measurements is kept for the purpose of
establishing accurate as-built drawings and that a sufficient number of fixed monuments be
established as permanent reference of coordinates.
3.2.3 Verification of Quality of works
The Consultant shall verify that all works are carried out in conformity with the Standard and
Special specifications. He shall request the Contractor to issue written method statements to both
the Contractor’s foremen and the Consultant’s inspectors for each field activity and shall ensure
that the agreed work methods are strictly adhered to.
3.2.4 Verification of Quantity of executed works
The consultant shall verify the accuracy of the primary setting out of works in accordance with the
approved design. The Consultant shall ensure that adequate references will be established for the
verification of quantities to be brought into the works.
The Consultant shall ensure that an adequate record of measurements is kept for the purpose of
establishing accurate as-built drawings and that a sufficient number of fixed monuments be
consolidated as a permanent reference of coordinates. Particular attention will be given to the
establishment of stable reference points in areas where settlements are to be expected.
3.2.5 Verification of Quality of materials used
The Contractor will test all materials to be used for the works prior to incorporating them in the
works. The Consultant will check the quality of these materials in accordance with the Conditions
of Contract for compliance with the Standard and Special Specifications.
The Consultant shall in principal, carry out these tests at the Ministry of Transport and
Infrastructure (Materials Department) laboratory and shall be paid through the Works Contract.
3.2.6 Verification of measurements and issuance of interim payment certificates

The Consultant and the Contractor shall measure jointly all works completed, using mutually
agreed methods and frequencies. Wherever the Consultant finds necessary, additional verifications
of the measurements shall be undertaken.
In addition, the Consultant and the Contractor shall estimate jointly and on a weekly basis the
progress of the works. Towards the end of each month, these estimates will serve to establish the
quantities payable to the Contractor’s interim payment certificate for that period.
43
Road – Lot 1
The Consultant shall finalise at regular intervals all measurements taken and agreed with the
Contractor for completed sections of the road and shall take off quantities on which basis the final
accounts will be elaborated in draft after the Taking over Certificate is issued and in final after the
Defects Liability Period. The draft accounts shall be established during the month following
Taking Over of the works and shall be analysed in the Final Project Completion Report.
3.2.7 Compilation of Progress Reports

The Consultant shall prepare Quarterly Progress Reports at the end of every quarter of the financial
year and any ad hoc reports as may be required by the client to inform all parties concerned in a
transparent and concise way about the progress of works (including critical path analysis and
progress photographs), the financial situation of the project and about possible difficulties
encountered.
The Consultant shall maintain documentary and photographic records. The documentary records
shall include a daily Site Diary and details of all contractual correspondence and data; all work
stoppages or delays; accidents on site; official visitors to site; weather records; details of all daily
site activities showing the start and end time and full details of the personnel and equipment or
resources employed per activity. It shall contain detailed records of the Contractor’s equipment on
site and its date of manufacture, previous hours worked and condition, its precise date of arrival or
removal from site, the date commissioned to commence work, its availability and utilisation.
Equipment availability figures for each category of equipment shall be established.
In respect of photographic data, the Consultant shall maintain a record of digital progress
photographs (using a digital camera to be provided under the Works Contract) taken throughout the
Contract period at set locations and of any construction activity of technical or contractual interest
at any time. Each photograph is to be captioned with; reference number, time, date, precise
location, subject, and points of particular note. These digital data shall be stored on a CD-ROM
together with the captions and shall be made available to the Engineer on a monthly basis.
3.2.8 Advice on problems arising during the execution of the works

In the event problems of engineering nature arise during the execution of the works, the Consultant
will address these problems and suggest solutions. In the event the nature of these problems will
justify so, they will be subject to a special report to the Engineer. Any instruction to the Contractor
providing a clarification of or a variation to specifications and/or drawings will be given in writing.
Variation Orders shall be issued in respect of variations to specifications and/or drawings. These
Variation Orders will need prior approval of the Engineer and the Employer in the event they will
give rise to additional expenditure and/or an extension of the Contract period.
Problems of non-engineering nature shall be brought to the attention of the Engineer, who will
decide whether these problems can best be analysed on site by the Consultant or referred to other
competent bodies. The Consultant shall bring to the attention of the Client any problems regarding
land acquisition, right of way and damage to third party property and shall play a coordinating role
with respect to problems regarding public utilities and traffic management outside the construction
site, unless these problems relate to the Contractor’s deviation roads.
44
Road – Lot 1
3.2.9 Monitoring of sound use of resources and protection of the environment
The Consultant shall monitor human and material resources mobilised by the Contractor and keep a
comprehensive record of these resources and the use made thereof. In his periodic reporting, the
Consultant shall relate resources mobilised and works performed. Unbalanced resources or
discrepancies between projected outputs and works performed will be brought to the attention of
the Contractor.
The Consultant shall monitor the environmental impact of the works and issue the necessary
instructions to the Contractor whenever avoidable damage to the environment occurs or is likely to
occur. In particular, the Consultant shall monitor the full respect of the following
recommendations for environmental protection during implementation of the project:
- Advise on proper location of Contractor’s campsites to an area so as to minimise disruption
to local population, fauna and flora and watercourses; provision of adequate drainage facilities
and treatment of sewage and waste disposals and ensure that camp areas are dismantled and
rehabilitated once construction is completed.
- Minimise water and soil pollution as a result of the works;
- Minimise noise and dust levels.
- Shape and landscape all borrow pit and quarry sites.
- Minimise the risk of soil erosion, stabilise bridge sites and the inlets and outlets
of culverts on erosive soils with gabions or stone pitching.
3.2.10 HIV/AIDS awareness campaigns

In this respect, the Consultant shall request the local Ministry of Health District Aids Coordinator
to carry out structured and regular HIV/AIDS awareness campaigns to target the workers and staff
on the project.
3.2.11 Coordination with third parties

The Consultant shall ensure that all parties involved in the works will be informed about the
developments on site relevant to their respective competences. Representative of public utility
firms, traffic police, local government and water management bodies shall be invited from time to
time to site whenever necessary to hold special coordination meetings.
3.2.12 Analysis of Contractor’s claims

Any claims submitted by the contractor during the course of the works will be analysed by the
Consultant and appropriate advice will be given to the Engineer on their validity. These services
are deemed to be part of the responsibilities of the consultant and do not entitle him to any
additional fees.
3.2.13 As-built drawings

The Consultant shall keep a precise record of all modifications to the plans ordered to the
Contractor and enter these modifications in electronic format in the relevant drawings. At End of
Defects Liability Period of the works the electronic files will be edited and a comprehensive file
titled “As built drawings” will be issued to the Employer and the Engineer in electronic format and
hard copy.
45
Road – Lot 1
3.2.14 Substantial Completion of the works
When the works are nearing substantial completion, the consultant shall inspect the works jointly
with the contractor and shall establish lists specifying the remaining works. These works may
concern corrections to work already done or completion of outstanding works. The Consultant
shall notify the Engineer that the works are substantially complete and may be inspected for
handing over to the Employer.
The Consultant shall prepare a Taking over Certificate to be signed by the parties concerned after
the Substantial Completion inspection. A list of outstanding works and any defects noted during
the inspection will be appended to the certificate, specifying the time within which these works are
to be completed or when defects have to be corrected.
3.3 STAGE 2: SERVICES DURING THE DEFECTS LIABILITY PERIOD (DLP)

Six man-month input each is foreseen for the Resident Engineer, Draughtsman and a Bridge
Inspectors and three man-months for the Material Technologist and Surveyor during the
maintenance period which should be utilised on intermittent basis as deemed appropriate for the
following services (without being limited to):
- Inspection of designated outstanding works and correction of defects.
- Drawing the attention of the Contractor to any defects as soon as such defects are noticed on
the road and supervision of the subsequent repairs.
- Assisting in the Defects Liability inspection and preparing the Defects Liability Certificate.
- Finalising the final As-built Drawings within 30 days after Substantial Completion Inspection.
- Documentation of contractual matters pertaining to the works and completion of the Final
Project Completion Report, Final Accounts.
The Consultant shall give necessary instructions to the Contractor to avail those specific site
facilities that shall be required during the maintenance period with respect to the site office,
laboratory, houses and equipment and vehicles.
At the end of the maintenance period, and provided that all defects shall have been completed to
his satisfaction, the Consultant shall notify the Engineer that the Contractor has completed all
outstanding works and has remedied all defects at the end of the defects liability period for an
inspection to be carried out.
46
Road – Lot 1
3.4 PROJECT MANAGEMENT, CONTRACTUAL FRAMEWORK AND
RESPONSIBILITIES
a) The Employer for both works and supervision contracts will be the Director General, Kenya
National Highways Authority (KeNHA) whereas the Employer’s Representative will be the
Director (Highway Planning and Design), KeNHA and the Engineer will be the Deputy
Director (Structures Department), KeNHA.
b) The consultant selected for the supervision of the works, hereinafter called the Consultant, will
be the Engineer’s Representative for the works contract. The Engineer will delegate certain of
his responsibilities for the implementation of the works contract to the Engineer’s
Representative within the framework of the FIDIC Conditions of Contract.
c) Responsibilities that the Engineer will retain with respect to the works contract will include all
legal and financial issues arising from claims and disputes by third parties relating to land
tenure, national planning, damage caused to commercial interests and issues of similar nature.
The Engineer will also retain the responsibilities for the project budget and the management of
the financial allocations to the contracts, conclusion of these contracts and issuing of
commencement orders and variation orders. In these matters he will closely liaise with the
Engineer.
d) The Engineer shall identify a Project Engineer, who will facilitate decision making in matters
pertaining to the supervision and the works contracts that are either not covered by the
delegation of powers to the Consultant or that need a decision by the Engineer once the
Consultant has fulfilled all his obligations under these Terms of Reference. The Project
Engineer will be the Consultant’s day-to-day contact person in the Kenya National Highways
Authority. The Consultant will keep the Project Engineer informed in a detailed way of all
developments on site. The Project Engineer will visit the site regularly and will attend all site
meetings.
47
Road – Lot 1
3.0 LOGISTICS AND TIMING
3.1 Project location:
The project comprises the construction of Marigat & Endau Bridges and Approach Roads, 500m
respectively on either side to bitumen standards.
3.2 Project period:
The Contract period shall be 18 months, including;-
Phase I: Works supervision – 6 months

Phase II: 12 months (Defects Liability Period), during which there will be intermittent deployment
of site staff for a total period of 6 months.
Note: Consultancy services will be required during the Defects Liability Period as outlined
hereunder:
3 months: Upon substantial inspection of works to allow for preparation of reports and supervision
of snag items
3 months: Before the end of the Defects Liability Period for preparation of final reports.
48
Road – Lot 1
4.0 REQUIREMENTS
4.1 STAFF REQUIREMENTS

The Consultant shall provide the following staff required for the performance of the duties described
above:
Construction Defects Liability Total

No. Position
Phase (Months) Period (Months) Man-months
1 Project Director 2 2 4
2 Resident Engineer 6 6 12
Bridge Engineer/ Assistant
3 6 0 6
Resident Engineer
4 Highway Engineer 1 1 2
5 Materials Engineer 1 1 2
6 Environmentalist 1 1 2
7 Surveyor 6 3 9
8 Material Technologist 6 3 9
9 Bridge Inspector (1) 6 6 9
10 Bridge Inspector (2) 6 6 9
11 Draughtsman 6 6 9
The Works Contract shall provide for the attendance to the Resident Engineer only in the categories
of labourers, chainmen, and office messengers/assistants.
Remuneration for all other Support Staff such as Survey Assistants, Laboratory Technicians and a
Secretary and any other expenses required for proper functioning of the site supervision or
backstopping shall be factored in the rates for listed staff.
The profiles of the key experts to be provided by the Consultant for this contract are as follows:
Key expert 1: Project Director (Short term input)
(i) Qualifications and skills

Must possess University Degree BSc (Civil Engineering) or equivalent and be a Registered Engineer
and Registered Consulting Engineer with Engineers Registration Board of Kenya or equivalent such
as Member of the Institution of Civil Engineers (U.K.) etc. A Master’s Degree will be an added
advantage.
(ii) General professional experience

A minimum of 15 years practical post-qualification experience in road and bridge projects.
49
Road – Lot 1
(iii) Specific professional experience
Must have extensive broad experience in highway design works contract administration, evaluation
of contractor’s claims for at least 10 years and more specifically have recent service as a Project
Director on at least two highway construction contracts of comparable magnitude. Knowledge of
FIDIC contract procedure is mandatory. Previous experience on road projects in East Africa will be
an advantage.
Key expert 2: Resident Engineer

Must possess University Degree BSc (Civil Engineering) or equivalent and be a registered engineer
with Engineers Registration Board of Kenya or equivalent such as Member of the Institution of Civil
Engineers (U.K.) etc. A Master’s Degree will be an added advantage.


Must have extensive broad experience in highway design works contract administration, evaluation
of contractor’s claims for at least 10 years and more specifically have recent service as a resident
engineer on at least one highway construction contract of comparable magnitude. Knowledge of
FIDIC contract procedure is mandatory. Previous experience on road projects in East Africa will be
an advantage.
Key expert 3: Bridge Engineer/ Assistant Resident Engineer

Must possess University Degree BSc (Civil Engineering) or equivalent and be a registered engineer
with Engineers Registration Board of Kenya or equivalent, such as Member of the Institution of Civil
Engineers (U.K.) etc. A Master’s Degree will be an added advantage.


At least 4 years’ experience in structural analysis, design, and construction of bridges and minor road
drainage structures including urban drainage systems. Should be familiar with the latest Computer
Aided Design applications.
Key expert 4: Highway Design Engineer (short-term input)

Must possess University Degree BSc (Civil Engineering) or equivalent and be registered with
Engineers Registration Board of Kenya or equivalent such as Member of the Institution of Civil
Engineers (U.K.) etc.
50
Road – Lot 1
A minimum of 8 years practical post-qualification experience in road projects.

At least 4 years of recent experience in geometric design of roads using the latest highway design
computer applications and modern topographic survey equipment. Must be able to prepare road
geometric design drawings, and carry out estimation of quantities and write technical specifications.
Experience on road construction projects in East Africa will be an advantage
Key expert 5: Materials Engineer (short-term input)

Must possess University Degree BSc (Civil Engineering) or equivalent and be registered with
Engineers Registration Board of Kenya or equivalent such as the Institution of Civil Engineers
(U.K.) etc.


Must have 8 years relevant experienced in soils and materials sampling and testing for large road
construction contracts. Experience in bituminous materials testing and quality control is mandatory.
Experience with analytical pavement evaluation methods is desirable. Previous experience on road
projects in East Africa will be an advantage.
Key Expert 6: Environmentalist (short-term input)

Must possess a University degree in Environmental studies or equivalent and be registered as Lead
Expert (NEMA).
(ii) General Professional Experience

A minimum of 8 years of practical post qualification experience in environmental studies of
infrastructural projects.
(iii) Specific Professional experience

Must have relevant previous experience as an environmentalist gained on an infrastructure project,
especially in East Africa. Previous work done on highway project would be an added advantage.
Key expert 7: Surveyor
51
Road – Lot 1
Must possess University Degree of BSc (Survey & Photogrammetry) or equivalent and be
registered with the Institute of Surveyors of Kenya or equivalent such as Chartered Surveyor of the
Royal Institute of Chartered Surveyors (U.K.) etc.


At least 4 years of recent experience in carrying out topographic survey and mapping of large road
projects using the latest electronic survey equipment including GPS, Total Stations and associated
computer applications. Experience on road projects in East Africa will be an advantage.
Key expert 8: Materials Technologist

Must possess a Higher National Diploma in Civil Engineering from Kenya Polytechnic or its
equivalent.

A minimum of 8 years practical post-qualification experience on road and bridge projects.

Must be experienced on soils and materials sampling and testing for large road construction
contracts. Particular experience with laboratory testing of stabilised mixes, bituminous mixes and
surface dressing is essential.
Key expert 9: Bridge Inspector

Must possess a Higher National Diploma in Civil Engineering from Kenya Polytechnic or its
equivalent.


Must be experienced on-site inspection and works measurement of large road construction contracts.
Familiarity with electronic survey equipment will be an advantage.
Key expert 10: Draughtsman

Must possess an Ordinary Diploma in Civil Engineering or Cartography from Kenya Polytechnic or
equivalent.

52
Road – Lot 1
Must be experienced on production of office and site production of drawings and site construction
details using CAD or any other equivalent.
4.2 Work Schedule

The consultant shall propose a schedule of activities and corresponding deployment of manpower,
which will ensure that all duties entrusted to him, will be adequately performed. This schedule,
together with a comprehensive statement justifying the proposed deployment will be incorporated in
the methodology statement.
4.3 Facilities to Be Provided by the Employer

Under the Terms and Conditions of the Works Contracts, the
Consultant shall be provided with:
- Fully furnished and equipped site office.
- Facilitation for Materials testing
- Furnished site housing accommodation.
- Site transport in the form of supervisory vehicles and
- Other site facilities, survey and drawing office equipment, computers and utilities necessary for
the execution of the services, including office consumables, and office operating expenses.
It shall be the responsibility of the Consultant to supervise the supply and provision and maintenance
of the said buildings, furniture, equipment and vehicles by the Works Contractor in accordance with
the works contract. The Consultant shall ensure that any items designated to revert to the Employer
after completion of the Works Contract are officially handed over to the Employer in good condition
as soon as they are no longer required on the Works Contract.
4.4 Staff Training

The Consultant shall engage at least two (2) No. Graduate Engineers from KeNHA during the whole
Contract period.
4.5 Work Schedule

The Consultant shall propose a schedule of activities and corresponding deployment of manpower,
which will ensure that all duties entrusted to him/her, will be adequately performed. This schedule,
together with a comprehensive statement justifying the proposed deployment will be incorporated in
the methodology statement.
4.6 Reports
The Consultant shall prepare Monthly Progress Reports during the period of execution of the works
contract, and submit them within 7 days after the end of the reporting month. Quarterly Summary
Reports shall be prepared every quarter of the financial year and submitted within 7 days after the
end of the reporting period. The Provisional Completion Report including Provisional Accounts are
to be submitted within 7 days after the Provisional Acceptance of the last section of the works. The
Final Project Completion Report, Final Accounts are to be submitted within 7 days after issuance of
the Defects Liability Certificate of the works to the address below:
53
Road – Lot 1
To:
Director (Highway Planning & Design)
Barabara Plaza, Block A, 3rd Floor,
Jomo Kenyatta International Airport (JKIA),
P.O. Box 49712-00100
NAIROBI
The reports shall be written in English, and shall be submitted in the number of copies tabulated
below.
The Final Project Completion Report shall comprehensively evaluate the project with regard to both
the works contract and the supervision service contract, include a summary of the principle
difficulties encountered during construction and the means employed to overcome them, changes
made in the original designs, modifications to the technical specifications and conditions of contract,
all variation orders, utilisation of provisional sums, variation of prices, utilisation of contingency
amounts, cumulative monthly payments to the contractor designated by dates and a similar schedule
for the supervision contract. The report shall contain all observations or recommendations that the
Consultant wishes to draw to the attention of the Engineer and the Employer as regards the works
contract or the service contract.
In their Methodology Statement, the Consultant shall provide a fixed layout for these reports. The
reports shall be submitted as follows:-
(a) Report to be submitted during Construction and Defects Liability Period
Report No. of Hard No of

Copies Soft Copies
Monthly Progress Reports 2 2

Quarterly Progress Summary Reports 2 2
Provisional Completion Report 2 2
Provisional Accounts 2 2
Final Project Completion Report 2 2
As build drawings (hard and soft copies) 3 2
4.7 Monitoring and Evaluation

4.7.1 Definition of Indicators
In his Technical Proposal (Organisation and Methodology), the Consultant shall propose relevant
key indicators for monitoring project progress, results, activities and assumptions and show how
these will be monitored.
As a minimum, the Consultant will regularly review the physical work progress completed to various
levels in compliance with the drawings and specifications in relation to the Contractor’s approved
work programme and cash flow projections, schedule of plant and manpower resources.
54
Road – Lot 1
The Consultant will regularly appraise this information in his Progress Reports and in Site Meetings
and discuss them with the Contractor and the Engineer.
4.7.2 Reviews and Evaluations

Project reviews and evaluation applying monitoring indicators will be presented in the regular
progress reports and the Final Project Completion Report will contain an overall assessment.
55
Road – Lot 1
SECTION F:
STANDARD FORMS OF CONTRACT
CONTENTS
Special notes
Contract for Consultant’s Services
I Form of Contract
II General Conditions of Contract
1. General Provisions
1.1. Definitions
1.2. Law Governing the Contract
1.3. Language
1.4. Notices
1.5. Location
1.6. Authorized Representatives
1.7. Taxes and Duties
2. Commencement, Completion, Modification and Termination of Contract

2.1.Effectiveness of Contract
2.2.Commencement of Services
2.3.Expiration of Contract
2.4.Modification
2.5.Force Majeure
2.5.1 Definition
2.5.2 No Breach of Contract
2.5.3 Extension of Time
2.5.4 Payments
2.6 Termination
2.6.1 By the Client
2.6.2 By the Consultant
2.6.3 Payment upon Termination
3. Obligations of the Consultant

3.1 General
3.2 Conflict of Interests
3.2.1 Consultant Not to Benefit from Commissions,
Discounts, etc
3.2.2 Consultant and Affiliates Not to Be
Otherwise Interested in Project
3.2.3 Prohibition of Conflicting Activities
56
Road – Lot 1
3.3 Confidentiality
3.4 Insurance to be Taken Out by the Consultant
3.5 Consultant’s Actions Requiring Client’s prior
Approval
3.6 Reporting Obligations
3.7 Documents Prepared by the Consultant to
Be the Property of the Client
4 Consultant’s Personnel
4.1 Description of Personnel
4.2 Removal and/or Replacement of Personnel
5 Obligations of the Client

5.1 Assistance and Exemptions
5.2 Change in the Applicable Law
5.3 Services and Facilities
6 Payments to the Consultant

6.1 Lump-Sum Remuneration
6.2 Contract Price
6.3 Payment for Additional Services
6.4 Terms and Conditions of Payment
6.5 Interest on Delayed Payments
7 Settlement of Disputes
7.1 Amicable Settlement
7.2 Dispute Settlement
III Special Conditions of Contract
IV Appendices
Appendix A – Description of the Services

Appendix B – Reporting Requirements
Appendix C – Key Personnel and Sub consultants
Appendix D – Breakdown of Contract Price in Local Currency
Appendix E – Services and Facilities Provided by the Client
57
Road – Lot 1
Special Notes
1. The Lump-Sum price is arrived at on the basis of inputs – including rates – provided by the
Consultant. The Client agrees to pay the Consultant according to a schedule of payments stipulated
under clause 6.4 of Special Conditions of Contract.
2. The Contract includes four parts: Form of Contract, the General Conditions of Contract, the Special
Conditions of Contract and the Appendices.
58
Road – Lot 1
CONTRACT FOR CONSULTANT’S SERVICES
between
_________________________
[Name of the Client]
AND
___________________________
[Name of the Consultant]
Dated: _________________[date]
59
Road – Lot 1
I. FORM OF CONTRACT
This Agreement (hereinafter called the “Contract”) is made the ________) day of the month of
_______________ [month], [year], between ___________________________________, [name of client]
of [or whose registered office is situated at] _________________________________________ [location of
office] (hereinafter called the “Client”) of the one part AND
____________________________________________ [name of consultant] of [or whose registered office

is situated at] ________________________________________________________ [location of office]
(hereinafter called the “Consultant”) of the other part.
WHEREAS
the Client has requested the Consultant to provide certain consulting services as defined in the
General Conditions of Contract attached to this Contract (hereinafter called the “Services”);
the Consultant, having represented to the Client that he has the required professional skills and
personnel and technical resources, have agreed to provide the Services on the terms and
conditions set forth in this Contract;
NOW THEREFORE the Parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
The General Conditions of Contract;

The Special Conditions of Contract;
The following Appendices: [Note: If any of these Appendices are not used, they should be deleted
from the list]
Appendix A: Letter of Award and Acceptance

Appendix B: Terms of Reference
Appendix C: Comments on Terms of Reference
Appendix D: Description of the Methodology and Work plan for performing the assignment.
Appendix E: Time schedule for professional Personnel
Appendix F: Team Composition and Task assignments
Appendix G: Curriculum Vitae (CV) for proposed professional staff
Appendix H: Activity (Work plan) Schedule
Appendix I: Breakdown of Contract price in Kshs
Appendix J: Other submissions
 Technical proposal submission form
 Firm’s References
 Financial proposal submission form
Appendix K: The request for proposals
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular:
The Consultant shall carry out the Services in accordance with the provisions of the Contract; and
60
Road – Lot 1
The Client shall make payments to the Consultant in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective
names as of the day and year first above written.
For and on behalf of___________________________________________[name of client]
[Full name of Client’s authorised representative_____________________________________________
[Title]________________________________________________
[Signature]___________________________________________
[Date]________________________________________________
For and on behalf of ______________________________________ [name of consultant]
[Full name of Consultant’s

Authorized representative]___________________________________
[Title]______________________________________________
[Signature]_________________________________________
[Date]_______________________________________________
61
Road – Lot 1
II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions Unless the context otherwise requires, the following terms whenever used
in this Contract shall have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having
the force of law in the Republic of Kenya as they may be issued and in
force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which these
General Conditions of Contract (GC) are attached together with all the
documents listed in Clause 1 of such signed Contract;
(c) “Contract Price” means the price to be paid for the performance of the
Services in accordance with Clause 6 here below;
(d) “Foreign Currency” means any currency other than the Kenya Shilling;
(e) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of the Republic of Kenya;
(g) “Local Currency” means the Kenya Shilling;
(h) “Member”, in case the Consultant consists of a joint venture of more

than one entity, means any of these entities; “Members” means all
these entities, and “Member in Charge” means the entity specified in
the SC to act on their behalf in exercising all the Consultant’s rights
and obligations towards the Client under this Contract;
(i) “Party” means the Client or the Consultant, as the case may be and
“Parties” means both of them;
(j) “Personnel” means persons hired by the Consultant or by any Sub-

Consultant as employees and assigned to the performance of the
Services or any part thereof;
(k) “SC” means the Special Conditions of Contract by which the GC may
be amended or supplemented;
(l) “Services” means the work to be performed by the Consultant pursuant

to this Contract, as described in Appendix A; and
(m) “Sub-Consultant” means any entity to which the Consultant

subcontracts any part of the Services in accordance with the provisions
of Clauses 3 and 4.
1.2 Law Governing This Contract, its meaning and interpretation
62
Road – Lot 1
The Contract and the relationship between the Parties shall be governed by the Laws of
Kenya.
1.3 Language This Contract has been executed in English language which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.4 Notices Any notice, request, or consent made pursuant to this Contract shall be in
writing and shall be deemed to have been made when delivered in person to an
authorized representative of the Party to whom the communication is
addressed or when sent by registered mail, telex, telegram or facsimile to such
Party at the address specified in the SC.
1.5 Location The Services shall be performed at such locations as are specified in Appendix
A and, where the location of a particular task is not so specified, at such
locations, whether in the Republic of Kenya or elsewhere, as the Client may
approve.
1.6 Authorized Any action required or permitted to be taken and

Representatives any document required or permitted to be executed under this Contract by the
Client or the Consultant may be taken or executed by the officials specified in
the SC.
1.7 Taxes and The Consultant, Sub-Consultant[s] and their

Duties personnel shall pay such taxes, duties, fees and other impositions as may be
levied under the Laws of Kenya, the amount of which is deemed to have been
included in the Contract Price.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION

OFCONTRACT
2.1 Effectiveness of This Contract shall come into effect on the date
Contract the Contract is signed by both Parties or such other later date as may be stated
in the SC.
2.2 Commencement The Consultant shall begin carrying out the

of Services Services thirty (30) days after the date the Contract becomes effective or at
such other date as may be specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause

Contract 2.6, this Contract shall terminate at the end of
such time period, after the Effective Date, as is
specified in the SC.
2.4 Modification Modification of the terms and Conditions of this Contract, including any
modification of the scope of the Services or the Contract Price, may only be
made by written agreement between the Parties.
2.5 Force Majeure
63
Road – Lot 1
2.5.1 Definition For the purposes of this Contract, “Force
Majeure” means an event which is beyond the reasonable control of a Party
and which makes a Party’s performance of its obligations under the Contract
impossible or so impractical as to be considered impossible under the
circumstances.
2.5.2 No Breach The failure of a Party to fulfil any of its obligations under the Contract
of Contract shall not be considered to be a breach of, or default under this Contract
insofar as such inability arises from an event of Force Majeure, provided that
the Party affected by such an event (a) has taken all reasonable precautions,
due care and reasonable alternative measures in order to carry out the terms
and conditions of this Contract, and (b) has informed the other Party as soon
as possible about the occurrence of such an event.
2.5.3 Extension Any period within which a Party shall, pursuant

Of Time to this Contract complete any action or task shall be extended for a period
equal to the time during which such Party was unable to perform such action
as a result of Force Majeure.
2.5.4 Payments During the period of his inability to perform the

Services as a result of an event of Force Majeure, the Consultant shall be
entitled to continue to be paid under the terms of this Contract, as well as to be
reimbursed for additional costs reasonably and necessarily incurred by him
during such period for the purposes of the Services and in reactivating the
Service after the end of such period.
2.6 Termination
2.6.1 By the The Client may terminate this Contract by not

Client less than thirty (30) days’ written notice of termination to the Consultant, to be
given after the occurrence of any of the events specified in this Clause;
(a) if the Consultant does not remedy a failure in the performance of his
obligations under the Contract within thirty (30) days after being
notified or within any further period as the Client may have
subsequently approved in writing;
(b) if the Consultant becomes insolvent or bankrupt;
(c) if, as a result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60)
days; or
(d) if the Consultant, in the judgement of the Client, has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract.
(e) For the purpose of this clause;
“corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the
selection process or in Contract execution.
64
Road – Lot 1
“fraudulent practice” means a misrepresentation of facts in order to
influence a selection process or the execution of Contract to the
detriment of the Client, and includes collusive practice among
Consultants (prior to or after submission of proposals) designed to
establish prices at artificial non-competitive levels and to deprive the
Client of the benefits of free and open competition.
(f) if the Client in his sole discretion decides to terminate this Contract.
2.6.2 By the The Consultant may terminate this Contract by

Consultant not less than thirty (30) days’ written notice to the Client, such notice to be
given after the occurrence of any of the following events;
(a) if the Client fails to pay any monies due to the Consultant pursuant to
this Contract and not subject to dispute pursuant to Clause 7 within
sixty (60) days after receiving written notice from the Consultant that
such payment is overdue; or
(b) if, as a result of Force Majeure, the Consultant is unable to perform a
material portion of the Services for a period of not less than sixty (60)
days.
2.6.3 Payment Upon termination of this Contract pursuant to

Upon Clauses 2.6.1 or 2.6.2, the Client shall make the
Termination following payments to the Consultant:
(a) remuneration pursuant to Clause 6 for Services satisfactorily

performed prior to the effective date of termination;
(b) Except in the case of termination pursuant to paragraphs (a) and (b) of
Clause 2.6.1, reimbursement of any reasonable costs incident to the
prompt and orderly termination of the Contract, including the cost of
the return travel of the Personnel and their eligible dependents.
3. OBLIGATIONS OF THE CONSULTANT
3.1 General The Consultant shall perform the Services and carry
out his obligations with all due diligence, efficiency and economy in
accordance with generally accepted professional techniques and
practices and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultant
shall always act, in respect of any matter relating to this Contract or to
the Services, as faithful adviser to the Client and shall at all times
support and safeguard the Client’s legitimate interests in any dealing
with Sub-Consultants or third parties.
3.2 Conflict of Interests
3.2.1 Consultant (i) The remuneration of the Consultant pursuant to Clause 6 shall
Not to constitute the Consultant’s sole remuneration in connection with
Benefit from this Contract or the Services and the Consultant shall not accept
Commissions, for his own benefit any trade commission, discount or similar
65
Road – Lot 1
Discounts, payment in connection with activities pursuant to this Contract
Etc. or to the Services or in the discharge of his obligations under the
Contract and the Consultant shall use his best efforts to ensure that his
personnel, any sub-Consultant[s] and agents of either of them similarly
shall not receive any such additional remuneration.
(ii) For a period of two years after the expiration of this Contract, the
Consultant shall not engage and shall cause his personnel as well as his
sub-Consultant[s] and his/their personnel not to engage in the activity
of a purchaser (directly or indirectly) of the assets on which he advised
the Client on this Contract nor shall he engage in the activity of an
adviser (directly or indirectly) of potential purchasers of such assets.
(iii) Where the Consultant as part of the Services has the responsibility of
advising the Client on the procurement of goods, works or services, the
Consultant will comply with any applicable procurement guidelines
and shall at all times exercise such responsibility in the best interest of
the Client. Any discounts or commissions obtained by the Consultant
in the exercise of such procurement shall be for the account of the
Client.
3.2.2 Consultant The Consultant agrees that, during the

and term of this Contract and after its
Affiliates termination, the Consultant and his
Not to be affiliates, as well as any SubConsultant
Otherwise and any of his affiliates, shall be
Interested in disqualified from providing goods, works
Project or services (other than the Services and any continuation thereof) for
any project resulting from or closely related to the
Services.
3.2.3 Prohibition Neither the Consultant nor his

of Conflicting subConsultant[s] nor their personnel shall
Activities engage, either directly or
indirectly in any of the following activities:
(a) during the term of this Contract, any business or professional

activities in the Republic of Kenya which would conflict with
the activities assigned to them under this Contract; or
(b) after the termination of this Contract, such other activities as

may be specified in the SC.
3.3 Confidentiality The Consultant, his sub-Consultant[s] and the personnel of either of
them shall not, either during the term of this Contract or within two (2)
years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this
Contract or the Client’s business or operations without the prior written
consent of the Client.
66
Road – Lot 1
3.4 Insurance to be The Consultant (a) shall take out and maintain and shall cause any
Taken Out by the sub-Consultant[s] to take out and maintain, at his (or the
Consultant sub-Consultants’, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks and for
the coverage, as shall be specified in the SC; and (b) at the Client’s
request, shall provide evidence to the Client showing that such
insurance has been taken out and maintained and that the current
premiums have been paid.
3.5 Consultant’s The Consultant shall obtain the Client’s

Actions Requiring prior approval in writing before taking
Client’s Prior any of the following actions;
Approval
a) entering into a subcontract for the performance of any part of the

Services,
b) appointing such members of the personnel not listed by name in

Appendix C (“Key Personnel and Sub Consultants”).
3.6 Reporting The Consultants shall submit to the Client

Obligations the reports and documents specified in Appendix A in the form, in the
numbers, and within the periods set forth in the said Appendix.
3.7 Documents All plans, drawings, specifications,

Prepared by the designs, reports and other documents and
Consultant to software submitted by the
Be the Property Consultant in accordance with Clause 3.6
of the Client shall become and remain the property of
the Client and Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents and software to
the Client together with a detailed inventory thereof. The Consultant
may retain a copy of such documents and software. Neither Party shall
use these documents for purposes unrelated to this Contract without the
prior approval of the other Party.
4. CONSULTANT’S PERSONNEL
4.1 Description The titles, agreed job descriptions,

of Personnel minimum qualifications and estimated periods of engagement in the
carrying out of the Services of the Consultant’s Key Personnel are
described in Appendix C. The Key Personnel and Sub Consultants
listed by title as well as by name in Appendix C are hereby approved
by the Client.
4.2 Removal (a) Except as the Client may otherwise and/or

agree, no changes shall be made in
the Key Personnel. If for
Replacement any reason beyond the reasonable control
67
Road – Lot 1
Of Personnel of the Consultant, it becomes necessary to replace any of the Key
Personnel; the Consultant shall provide as a replacement a person of
equivalent or better qualifications.
(b) If the Client finds that any of the Personnel have

(i) Committed serious misconduct or have been charged with
having committed a criminal action, or
(ii) the Client has reasonable cause to be dissatisfied with the
performance of any of the Personnel, then the Consultant shall,
at the Client’s written request specifying the grounds thereof,
provide as a replacement a person with qualifications and
experience acceptable to the Client.
(c) The Consultant shall have no claim for additional costs arising
out of or incidental to any removal and/or replacement of
Personnel.
5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and The Client shall use his best efforts to
Exemptions ensure that he provides the Consultant
such assistance and exemptions as may be necessary for due
performance of this Contract.
5.2 Change in the If after the date of this Contract, there is

Applicable Law any change in the Laws of Kenya with respect to taxes and duties
which increases or decreases the cost of the Services rendered by the
Consultant, then the remuneration and reimbursable expenses
otherwise payable to the Consultant under this Contract shall be
increased or decreased accordingly by agreement between the Parties
and corresponding adjustments shall be made to the amounts referred
to in Clause 6.2 (a) or (b), as the case may be.
5.3 Services and Facilities The Client shall make available to the Consultant the Services and
Facilities listed under Appendix E.
6. PAYMENTS TO THE CONSULTANT

6.1 Monthly The Consultant’s total remuneration shall
Remuneration not exceed the Contract Price and shall be based on monthly payments
including all staff costs, Sub Consultants’ costs, printing,
communications, travel, accommodation and the like and all other
costs incurred by the Consultant in carrying out the Services described
in Appendix A. Except as provided in Clause 5.2, the Contract Price
may only be increased above the amounts stated in Clause 6.2 if the
Parties have agreed to additional payments in accordance with Clause
2.4.
6.2 Contract Price The price payable is set forth in the Special Conditions.
68
Road – Lot 1
6.3 Payment for For the purposes of determining the remuneration due
Additional for additional services as may be agreed under Clause Services
2.4, a breakdown of the Contract price is provided in
Appendices D.
6.4 Terms and Payments will be made to the account of the Consultant
Conditions of and according to the payment schedule stated in the
Payment “Special Conditions of Contract”.
6.5 Interest on Payment shall be made within thirty (30) days of receipt
Delayed of invoice and the relevant documents specified in Clause
Payment 6.4. If the Client has delayed payments beyond ninety (90) days after
the due date hereof, simple interest shall be paid to the Consultant for
each day of delay at a rate three percentage points above the prevailing
Central Bank of Kenya’s average rate for base lending.
7. SETTLEMENT OF DISPUTES
7.1 Amicable Settlement The Parties shall use their best efforts to settle amicably
all disputes arising out of or in connection with this
Contract or its interpretation.
7.2 Dispute Settlement Any dispute between the Parties as to matters arising
Pursuant to this Contract that cannot be settled amicably
Within thirty (30) days after receipt by one Party of the
Other Party’s request for such amicable settlement may be
Referred by either Party to the arbitration and final
decision of a person to be agreed between the Parties.
Failing agreement to concur in the appointment of an
Arbitrator, the Arbitrator shall be appointed by the
Chairman of the Chartered Institute of Arbitrators, Kenya
Branch, on the request of the applying party.
69
Road – Lot 1
III. SPECIAL CONDITIONS OF CONTRACT
Number of GC Amendments of and Supplements to Clauses in the

Clause General Conditions of Contract
1.1(i) The Member in Charge is Director (Highway Planning & Design) for the Client and
the Project Director for the Consultant.
1.4 The addresses are:
Client: Director General, Kenya National Highways Authority

Barabara Plaza, Block A, Jomo Kenyatta International Airport (JKIA),
Off Airport South Road, along Mazao Road,
P.O. Box 49712-00100
NAIROBI, KENYA
Telephone: +254 20 8013842

Email: [email protected]
Consultant: _____________________________________________
Attention:
_____________________________________________
Telephone; _____________________________________________
Telex:
_____________________________________________
Facsimile:
_____________________________________________
1.6 The Authorized Representatives are:
For the Client: Director (Highway Planning & Design),

Barabara Plaza, Block A, Jomo Kenyatta International Airport (JKIA),
Off Airport South Road, along Mazao Road,
P.O. Box 49712-00100
NAIROBI, KENYA
For the Consultant

__________________________________________
2.1 The date on which this Contract shall come into effect
is (_________________) [date].
Note: The date may be specified by reference to conditions of effectiveness of the

Contract, such as receipt by Consultants of advance payment and by Client of bank
guarantee
2.2 The date for the commencement of Services is________[date]
70
Road – Lot 1
2.3 The period shall be Eighteen (18) months comprising of:
Phase 1: Construction Supervision - 6 Months
Phase 2: Defects Liability Period - 12 Months
3.4 The risks and coverage shall be:
(i) Professional Liability: Full amount of this contract excluding taxes and
contingency amount.
(ii) Loss of or damage to equipment and property:

Kshs 5,000,000
(iii) Third party Liability: Kshs 5,000,000
(iv) Employer’s Liability and workers compensation:

Kshs 5,000,000
6.2(a) The amount in local Currency is___________________ [Insert amount]
6.4 Payments shall be made on monthly basis.
Payments in Kshs shall be made to the following Account
Account Number: ___________________
Account Name: ___________________
Bank: ________________________________
Address: ___________________________
6.5 Payments will be made within 90 (ninety) days of receipt of the invoice and the
relevant documents specified in Clause 6.4 above.
71
Road – Lot 1
SCHEDULE N: DECLARATION FORM FOR BANKRUPT OR INSOLVENT
AND DEBARMENT (In case of Joint Venture, In Association or Sub-Consultancy, each firm MUST
individually fill this form)
Date
To
The Kenya National Highways Authority
P.O Box 49712 – 00100,
KENYA.
Ladies and Gentlemen,
The Tenderer i.e. (full name and complete physical and postal address)
…………………………………………………………………………………………………………………
…………declare the following: -
a) That I/ We have not been debarred from participating in public procurement by anybody, institution or
person.
b) That I/ We have not been involved in and will not be involved in corrupt and fraudulent practices
regarding public procurement anywhere.
c) That I/ We are not insolvent, in receivership, bankrupt or in the process of being wound up and is not the
subject of legal proceedings relating to the foregoing.
d) That I/We are not under any ongoing investigation by the Ethics and Anti-Corruption Commission
(EACC) for any corrupt and/or economic crimes or practices.
e) That I/ We are not associated with any other Tenderer participating in this Tender.
f) That I/We have not been convicted of any serious violation of fair employment laws and practices
f) That I/We do hereby confirm that all the information given in this tender is accurate, factual and true to
the best of our knowledge.
Yours sincerely,
……………………………………………………
Name of Tenderer
………………………………………………………………………………..
Signature of duly authorised person signing the Tender
…………………………………………………………………………..
Name and Capacity of duly authorised person signing the Tender
………………………………………
Stamp or Seal of Tenderer
72
Road – Lot 1
SCHEDULE M: ANTI CORRUPTION DECLARATION / COMMITMENT / PLEDGE FORM(In
case of Joint Venture, In Association or Sub-Consultancy, each firm MUST individually fill this form)
I/We …………………………………………………………………………… of Post Office Box

…………………………………………………………. declare that I/ We recognize that Public
Procurement is based on a free, fair and competitive tendering process which should not be open to abuse.
I/We ……………………………………………………………………….. Declare that I/We will not

offer or facilitate, directly or indirectly, any inducement or reward to any public officer, their relations or
business associates, in connection with tender No.
………………………………………………. for or in the subsequent performance of the contract if
I/We am/are successful.
Signed by ……………………………… C.E.O. or Authorized Representative. Name
……………………………………………..
Designation………………………………..
Signature…………………………………….
Date………………………………………..
(iii)
73
Road – Lot 1
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the……… (Name of the Procuring Entity) of ………dated the…day of
…….20……….in the matter of Tender No….…of ……..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax
No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board
to review the whole/part of the above mentioned decision on the following grounds , namely:-
1.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………
SIGNED Board Secretary
74
Road – Lot 1
IV. APPENDICES
APPENDIX A: LETTER OF AWARD AND ACCEPTANCE (to be inserted)
APPENDIX B: TERMS OF REFERENCE (to be inserted)
APPENDIX C: COMMENTS ON TERMS OF REFERENCE (to be inserted)
APPENDIX D: DESCRIPTION OF THE METHODOLOGY AND WORKPLAN FOR

PERFORMING THE ASSIGNMENT (to be inserted)
APPENDIX E: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL (to be inserted)
APPENDIX F: TEAM COMPOSITION AND TASK ASSIGNMENTS (to be inserted)
APPENDIX G: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF (to

be inserted)
APPENDIX H: ACTIVITY (WORKPLAN) SCHEDULE (to be inserted)
APPENDIX I: FINANCIAL PROPOSAL
APPENDIX J: OTHER SUBMISSIONS
 Technical proposal submission form

 Firm’s References
 Financial proposal submission form
APPENDIX K: REQUEST FOR PROPOSALS (to be inserted)
75
Road – Lot 1

Consultancy Marigat Endau Bridges

Uploaded by

Copyright:

Available Formats

Consultancy Marigat Endau Bridges

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Consultancy Marigat Endau Bridges

Uploaded by

Copyright:

Available Formats

2.0.

REQUEST FOR PROPOSALS

CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION

MARIGAT & ENDAU BRIDGES AND APPROACH ROADS ALONG

TENDER NO: KeNHA/2358/2020

DIRECTOR GENERAL DIRECTOR (HIGHWAY PLANNING AND

SECTION A. Letter of Invitation 1

SECTION B. Information to Consultants 3

SECTION C. Technical Proposal – Standard Forms 14

SECTION D. Financial Proposal – Standard Forms 23

SECTION E. Terms of Reference 27

SECTION F. (I) Standard Forms of Contract 47

(II) General Conditions of Contract 53

(III) Special Conditions of Contract 61

(IV) List of Appendices 62

To: Consultant 17th November 2020

[Name and address of Consultant)

RE: CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF MARIGAT & ENDAU

CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF MARIGAT & ENDAU

Section A – Letter of Invitation

The following MUST be submitted together with the proposal:-

a) Copy of certificate of incorporation.

c) Copy of valid Tax Compliance Certificate

e) Duly filled Confidential Business Questionnaire.

h) Copies of certificates and testimonial of the proposed key staff.

k) Details of Current work load.

l) Current Sworn Affidavit on Litigation History.

o) The tender is valid for the period required.

p) All pages of the bid document must be sequentially serialized.

 Certificates/Licenses may be verified from or with the Issuing Authorities or Agencies.

 This is a Government of Kenya Funded Project as specified in Section E of this tender

Deputy Director (Supply Chain Management),

Electronic bidding will NOT be permitted. Late bids will be rejected

Deputy Director - Supply Chain Management

3. Preparation 3.1 The Consultants proposal shall be written in English language.

Technical 3.2 In preparing the Technical Proposal, Consultants are expected

b. For assignments on a staff-time basis, the estimated number of

c. It is desirable that the majority of the key professional staff proposed

d. Proposed professional staff must as a minimum, have the experience

(i) A brief description of the firm’s organization and an outline of recent

(ii) Any comments or suggestions on the Terms of Reference, a list of

(vii) A detailed description of the proposed methodology, staffing and

(ix) Any additional information requested in Appendix “A”.

3.9 Commissions and gratuities, if any, paid or to be paid by Consultants and

5.2 Evaluators of Technical Proposals shall have no access to the Financial

Each responsive proposal will be given a technical score (St). A proposal

6. Negotiations 6.1 Negotiations will be held at the same address as “address to

6.2 Negotiations will include a discussion of the Technical Proposal, the

7. Award of 7.1 The Contract will be awarded following negotiations. After

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

9. Confidentiality 9.1Information relating to evaluation of proposals and recommendations

1.1 & 2.1 The name of the Client is:

A Technical Proposal only is requested: No

The name, objectives, and description of the assignment are:

Consultancy Services for Construction Supervision of Marigat & Endau Bridges

1.3 A pre-bid site visit will be held: No

Eng. S. O. Omer Eng. Jared Makori

An Evaluation grid is attached (Appendix B).

The proposal submission address is: