Perimeter Wall 4 Sec 4 BQ Combined PDF

CHUKA UNIVERSITY
PROPOSED PERIMETER
FENCE PHASE 4 SECTION 4
CONTRACT NO: CU/74/2015 – 2016
Issued by:
DEVELOPMENT AND
ESTATES DEPARTMENT:
P.O. BOX 109 - 60400
CHUKA
February 2016
Perimeter Fence phase 4 Section 4
CONTRACT BILLS OF QUANTITIES
The contract for the proposed Perimeter Fencing Phase 4 Section 4 at Chuka University at Chuka town
– Tharaka Nithi County entered into on ………………………………. day of ………………….. 20
………. by the under signed parties refers to these Bills of Quantities consisting of all the pages listed
in the contents page of these Bills of Quantities and General Specifications dated 1976 all of which
shall be read and construed as part of this contract.
SPECIAL NOTES
The contractor is required to check the number of pages of these Bills of Quantities together with all
summaries and should he find any missing or indistinct, he must inform the University Quantity
Surveyor, Chuka University at once and have the same rectified.
Should the contractor be in any doubt of the precise meaning of any item or figure for any reason
whatsoever, he must inform the University Quantity Surveyor, Chuka University so that the correct
meaning may be decided before the date of submission of tenders.
Neither liability will be admitted nor claim allowed in respect of errors in the contractor's tender due to
mistakes in the Bills of Quantities which could have been rectified in the manner described above.
SIGNATURE PAGE AND SPECIAL NOTES
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POST QUALIFICATION FORMS
Page 3 of 62
FORM OF TENDER
Tender for the ----------------------------------------------------------------------------------------------------------
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In accordance with the special specifications and the following drawings: -
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To:
THE VICE CHANCELLOR,

CHUKA UNIVERSITY
P.O. BOX 109 - 60400
CHUKA.
I/we ----------------------------------------------------------------------------------------------------------------------
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(contractors name), under and subject to the conditions of tendering annexed hereto, hereby tender and
offer to execute and perform the works, provisions and supply all labour and materials and everything
of every kind respectively named, shown, described and / or included to ,in or to be in inferred from the
general conditions of contract, specifications and the drawings governing the contract between Chuka
University and the main contractor, and in conformity with the said specifications conditions and
drawings for the lump sum named herein below.
The undersigned agrees to be bound by and submit to the said general conditions of contract,
specifications and priced Bills of Quantities which shall form a basis for the valuation of interim
certificates and any extra or omitted work which may from time to time be ordered by the Project
Manager (P.M.)
The total sum of this tender in accordance with the specifications and/or Bills of Quantities is the lump
sum of Kenya shillings
……………………………………………………………………………………………………………
…………………………………………………………………………..…………………………………
Whereas it is understood that you reserve to yourself the right to agree or refuse this tender whether it is
lower or higher than any other tender or of the same amount, the undersigned agrees that the tender
shall remain valid and shall not be withdrawn within ninety (90) days from the final date of submission
of the tenders stipulated in the advertisement or letter of invitation to tender.
And further the undersigned agrees, in the event of your acceptance of this tender, to enter into a
contract as herein before described within fifteen days of posting, or delivery if by hand, of Notification
of Award.
Name and address of company…………………………….…………………………………………
........................................................................................................................................................
Name of person signing on behalf of company………………………………………………………..
Date ………………………….. Binding Signature …………….…………………….
Witness to signature of tender (Name) …………………………………………..
Signature ……………………………….
Address ……………………………… Date ………………………………….

Page 4 of 62
CONFIDENTIAL BUSINESS QUESTIONNAIRE (FORM S 13)
You are required 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 information on this form.
Part 1 General:
Business name ………………………….……………………………………………
Location of business premises …………………………………………………………
Plot No. ………………………
Postal address ………………………………… Tel. No. …………………..
Nature of business ……………………………………………………………………..
Current consolidated license No. …………………….. Expiring date ……………..
Maximum value of business which you can handle at any one time (Kshs)………………
Name of your banker ……………………………… branch ………………………….
Part 2 (a) Sole proprietorship

Your full name ……………………………………………………… age ……………
Nationality ………………………… country of origin ………………………..
*Citizenship details ………………………………………………………………………..
Part 2 (b) partnership
Give details of partners as follows:

Name Nationality Citizenship Details Shares
1 …………………………………………………………………………………………
2 …………………………………………………………………………………………
Part 2 (C) Registered Company

Public or private ………………………………..
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 …………………………………………………………………………………………
Date …………………… signature of tenderer ………………………

If Kenyan citizen, indicate under "citizen details" whether by birth, naturalization etc
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MINISTRY OF LABOUR
INDUSTRIAL TRAINING ACT, CAP 237
EMPLOYMENT OF APPRENTICES
In accordance with the industrial training Act, Cap 237 Laws of Kenya, you are hereby required to
declare the number of apprentices presently engaged or to be engaged in the event of your firm or
company being awarded this contract. The said Act authorises the director of industrial training to make
reimbursement of training costs of apprenticeship together with payment of annual grants in relation
thereto to all employers who have apprentices registered with the directorate in accordance with the said
Act.
An employer becomes liable to pay a training levy at the rate of 0.25% whenever the contract sum
exceeds Kshs 50,000/=
Please indicate as below: -
NAME OF APPRENTICE TRADE

1 ……………………………………… ……………………….
2 ……………………………………… …………………………
3 ……………………………………… ………………………….
4 ……………………………………… ………………………….
5 ……………………………………… ………………………….
Also indicate the additional number of apprentices you will engage in the event that you are awarded
this contract.
NAME OF APPRENTICE TRADE

1 ……………………………………… ……………………….
2 ……………………………………… …………………………
3 ……………………………………… ………………………….
4 ……………………………………… ………………………….
5 ……………………………………… ………………………….
Name of project (contract) for which you are now tendering
CONTRACT NO. CONTRACT JOB

……………………………………… ………………………………………
Value of contract (Kshs) …………………………………..
Name of contractor …………………………………………………………….
Address ……………………………………………………
…………………………………………………
Signature …………………………………….
Date ……………………………….
Note : The tender shall not be subject to consideration unless you recruit or have
apprentices in your establishment
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FINANCIAL INFORMATION
FORM FS - 1
1.0 Attach a copy of the firm's annual financial statements for the past two years
2.0 summary of quick assets and current liabilities as of ……………………….. 20 ……..
A. ASSETS
2.1 Cash.
(A) cash in hand Kshs ……………………….
(b) cash deposited in banks

(state details) Kshs ……………………….
TOTAL Kshs ……………………….
2.2 Deposit with bids / guarantees Kshs ……………………….

2.3 Due from contracts receivable within 90 days Kshs ……………………….
2.4 Other quick assets Kshs ……………………….
TOTAL ASSETS Kshs ……………………….
B LIABILITIES
(i) Notes payable Kshs ……………………….
(ii) Accounts payable Kshs ……………………….
(ii) Sundry creditors Kshs ……………………….
TOTAL CURRENT LIABILITIES Kshs ……………………….
C. NET QUICK ASSETS ( A - B ) Kshs ……………………….
TOTAL LINES OF CREDIT. Kshs ……………………….
TOTAL NET QUICK ASSETS Kshs ……………………….
Certified as a true extract of the financial statement for the year 20…..…..
Signed…………………………………………………………
Name of certified public accountant ………………………………………
Address ………………………………………………………………….
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BANK CREDIT LETTER

Form BL - 1
Name of Bank ………………………………………………………..
Address ………………………………………………………..
………………………………………………………..
To : VICE CHANCELLOR
CHUKA UNIVERSITY
P.O. BOX 109
CHUKA.
Dear Sir,
A line of credit in the maximum amount of Kshs …………………………………

Has been placed at the disposal of …………………………………………………
For use when, as and if needed for a period of …………………….. months
None of the items listed as current assets in the financial statement now being submitted by
…………………………………………………………………………. Has been pledged to secure the
line of credit mentioned above except as follows: -
……………………………………………………………………………………………
……………………………………………………………………………………………
…………………………………………………………………………………………..
…………………………………………………………………………………………….
(Bank)
By : ……………………………………………….
(Bank officer)
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PERFORMANCE BOND
To: _________________________(Name of Employer) ___________(Date)
__________________________(Address of Employer)
Dear Sir,
WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in

pursuance of Contract No. _____________ dated _________ to execute _______________ (hereinafter
called “the Works”);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Performance Guarantee by a recognised bank / insurance company for the sum specified therein
as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a performance Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in figures) Kenya
Shillings__________________________________________ (amount of Guarantee in words), and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of Kenya Shillings _________________________ (amount of Guarantee in words) as
aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum
specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract or of the
Works to be performed thereunder or of any of the Contract documents which may be made between
you and the Contractor shall in any way release us from any liability under this Guarantee, and we
hereby waive notice of any change, addition, or modification.
This guarantee shall be valid until the date of issue of the Certificate of Completion.
SIGNATURE AND SEAL OF THE GUARANTOR ___________________
Name of Bank ____________________________________________
Address ________________________________________________
Date ______________________________________________________
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FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his

tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)
KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at
………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter
called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to
be made to the said Employer, the Bank binds itself, its successors and assigns by these presents sealed
with the Common Seal of the said Bank this ……………. Day of ………20…………
THE CONDITIONS of this obligation are:
1. If after tender opening the tenderer withdraws his tender during the period of tender validity
specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the Employer during the
period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the Instructions to
Tenderers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions
to Tenderers;
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by him is due to him, owing to the occurrence
of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of tender
validity, and any demand in respect thereof should reach the Bank not later than the said date.
___________________________ ______________________________
[date[ [signature of the Bank]
___________________________ ______________________________
[witness] [seal]
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CONTRACTOR IDENTIFICATION
Legal Name of the firm ……………………………………………………………………
Postal Address ……………………………………………………………………… Physical Address
……………………………………………………………………
……………………………………………………………………
Telephone No. ………… Fax No. …………… E - Mail address …………….………
Person to contact ………………………………………………………
Title ……………………………………………………………………
Key personnel
Name Profession Designation Experience (years)
* Attach certificates, testimonials and other documentary evidence to prove years of experience
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EXPERIENCE
The contractor is supposed to state the contracts of a similar nature which he has completed in the last five years as
per the table below: -
Period Project Scope Contract Client Consultants
Sum
1
TOTAL ANNUAL TURNOVER

YEAR 20…….. KSHS …………………………………………
YEAR 20…….. KSHS …………………………………………
YEAR 20…….. KSHS …………………………………………
YEAR 20…….. KSHS …………………………………………
YEAR 20…….. KSHS …………………………………………
* Attach completion certificates or other documents to authenticate the provided information
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AVAILABILITY OF EQUIPMENT
What equipment do you own that is considered suitable and available for the proposed work?
Name of Description (Make, model, Condition Year of service Present location

Equipment type ,capacity etc)
* Attach Documentary evidence of ownership of equipment
Which equipment do you intend to purchase for use on the proposed work should you be awarded the contract?
Name of Description (Make, Condition Year of Present location
Equipment model, type ,capacity service
etc)
Do you propose to rent or lease any equipment for this work? ………….
If so, state below type make, model, quantity, and reasons for renting or leasing
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………..……………………
………………………………………………………………………………….……………………………………
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INSTRUCTION TO BIDDERS / TENDERERS
Page 14 of 62
INSTRUCTIONS TO TENDERERS.
1. General/Eligibility/Qualifications/Joint venture/Cost of tendering
1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for Works Contract as
described in the tender documents. The successful tenderer will be expected to complete the Works by the
Intended Completion Date specified in the tender documents.
1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer (including all
members of a joint venture and subcontractors) is not associated, or has not been associated in the past,
directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications,
and other documents for the project or being proposed as Project Manager for the Contract.. A firm that
has been engaged by the Employer to provide consulting services for the preparation or supervision of the
Works, and any of its affiliates, shall not be eligible to tender.
1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a preliminary description
of the proposed work method and schedule, including drawings and charts, as necessary.
1.4 In the event that pre-qualification of potential tenderers has been undertaken, only tenders from pre-
qualified tenderers will be considered for award of Contract. These qualified tenderers should submit
with their tenders any information updating their original pre-qualification applications or, alternatively,
confirm in their tenders that the originally submitted pre-qualification information remains essentially
correct as of the date of tender submission.
1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall include the following
information and documents with their tenders , unless otherwise stated:
(a) copies of original documents defining the constitution or legal status, place of registration, and
principal place of business; written power of attorney of the signatory of the tender to commit the
tenderer:
(b) total monetary value of construction work performed for each of the last five years:
(c) experience in works of a similar nature and size for each of the last five years, and details of work
under way or contractually committed; and names and addresses of clients who may be contacted
for further information on these contracts;
(d) major items of construction equipment proposed to carry out the Contract and an undertaking that
they will be available for the Contract.
(e) qualifications and experience of key site management and technical personnel proposed for the
Contract and an undertaking that they shall be available for the Contract.
(f) reports on the financial standing of the tenderer, such as profit and loss statements and auditor’s
reports for the past five years;
(g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and
availability of other financial resources);
(h) authority to seek references from the tenderer’s bankers;
(i) information regarding any litigation, current or during the last five years, in which the tenderer is
involved, the parties concerned and disputed amount; and
(j) proposals for subcontracting components of the Works amounting to more than 10 per cent of the
Contract Price.
1.6 Tenders submitted by a joint venture of two or more firms as partners shall comply with the following
requirements, unless otherwise stated:
(a) the tender shall include all the information listed in clause 1.5
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above for each joint venture partner;
(b) the tender shall be signed so as to be legally binding on all

partners;
(c) all partners shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract terms;
(d) one of the partners will be nominated as being in charge,

authorised to incur liabilities, and receive instructions for and on behalf of all partners of the joint
venture; and
(e) the execution of the entire Contract, including payment, shall be

done exclusively with the partner in charge.
1.7 To qualify for award of the Contract, tenderers shall meet the following minimum qualifying criteria;
(a) experience as main contractor in the construction of at least one job of a nature and complexity
equivalent to the Works over the last 10 years (to comply with this requirement, works cited should be
at least 70 per cent complete);
(b) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed as required
for the Works;
(c) a Contract manager with experience in works of an equivalent nature and volume, and
(d) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any
advance payments which may be made under the Contract
1.8 The figures for each of the partners of a joint venture shall be added together to determine the tenderer’s
compliance with the minimum qualifying criteria of clause 1.7 (a) and (e); however, for a joint venture to
qualify, each of its partners must meet at least 25 per cent of minimum criteria 1.7 (a), (b) and (d) for an
individual tenderer, and the partner in charge at least 40 per cent of those minimum criteria. Failure to
comply with this requirement will result in rejection of the joint venture’s tender. Subcontractors’
experience and resources will not be taken into account in determining the tenderer’s compliance with the
qualifying criteria, unless otherwise stated.
1.9 Each tenderer shall submit only one tender, either individually or as a partner in a joint venture. A
tenderer who submits or participates in more than one tender (other than as a subcontractor or in cases of
alternatives that have been permitted or requested) will cause all the proposals with the tenderer’s
participation to be disqualified.
1.10 The tenderer shall bear all costs associated with the preparation and submission of his tender and the
Employer will in not be responsible or liable for those costs.
1.11 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and examine the Site of
the Works and its surroundings, and obtain all information that may be necessary for preparing the tender
and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the
tenderer’s own expense.
1.12 The procuring entity’s employees, committee members, board members and their relative (spouse and
children) are not eligible to participate in the tender.
1.13 The price to be changed for the tender document shall not exceed Kshs.1,000/=
1.14 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase.
2. Tender Documents
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2.1 The complete set of tender documents comprises the documents listed below and any addenda issued in
accordance with Clause 2.4.
(a) These Instructions to Tenderers

(b) Form of Tender and Qualification Information
(c) Conditions of Contract
(d) Appendix to Conditions of Contract
(e) Specifications
(f) Bills of Quantities
(g) Forms of Securities
2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in the tender documents.
Failure to furnish all information required by the tender documents, or submission of a tender not
substantially responsive to the tendering documents in every respect will be at the tenderer’s risk and may
result in rejection of his tender.
2.3 A prospective tenderer making an inquiry relating to the tender documents may notify the Employer in
writing or by cable, email or facsimile at the address indicated in the letter of invitation to tender. The
Employer will only respond to requests for clarification received earlier than seven days prior to the
deadline for submission of tenders. Copies of the Employer’s response will be forwarded to all persons
issued with tendering documents, including a description of the inquiry, but without identifying its source.
2.4 Before the deadline for submission of tenders, the Employer may modify the tendering documents by
issuing addenda. Any addendum thus issued shall be part of the tendering documents and shall be
communicated in writing or by cable, email or facsimile to all tenderers. Prospective tenderers shall
acknowledge receipt of each addendum in writing to the Employer.
2.5 To give prospective tenderers reasonable time in which to take an addendum into account in preparing
their tenders, the Employer shall extend, as necessary, the deadline for submission of tenders, in
accordance with Clause 4.2 here below.
3. Preparation of Tenders
3.1 All documents relating to the tender and any correspondence shall be in English language.
3.2 The tender submitted by the tenderer shall comprise the following:
(a) These Instructions to Tenderers, Form of Tender, Conditions of Contract, Appendix to Conditions
of Contract and Specifications;
(b) Tender Security;
(c) Priced Bill of Quantities ;
(d) Qualification Information Form and Documents;
(e) Alternative offers where invited; and
(f) Any other materials required to be completed and submitted by the tenderers.
3.3 The tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities.
Items for which no rate or price is entered by the tenderer will not be paid for when executed and shall be
deemed covered by the other rates and prices in the Bill of Quantities. All duties, taxes, and other levies
payable by the Contractor under the Contract, or for any other cause relevant to the Contract, as of 30 days
prior to the deadline for submission of tenders, shall be included in the tender price submitted by the
tenderer.
3.4 The rates and prices quoted by the tenderer shall only be subject to adjustment during the performance of
the Contract if provided for in the Appendix to Conditions of Contract and provisions made in the
Conditions of Contract.
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3.5 The unit rates and prices shall be in Kenya Shillings.
3.6 Tenders shall remain valid for a period of ninety (90) days from the date of submission. However in
exceptional circumstances, the Employer may request that the tenderers extend the period of validity for a
specified additional period. The request and the tenderers’ responses shall be made in writing. A tenderer
may refuse the request without forfeiting the Tender Security. A tenderer agreeing to the request will not
be required or permitted to otherwise modify the tender, but will be required to extend the validity of
Tender Security for the period of the extension, and in compliance with Clause 3.7 - 3.11 in all respects.
3.7 The tenderer shall furnish, as part of the tender, a Tender Security in the amount and form specified in the
appendix to invitation to tenderers. This shall be in the amount not exceeding 2 per cent of the tender price.
3.8 The format of the Tender Security should be in accordance with the form of Tender Security included in
the Standard forms or any other form acceptable to the Employer. Tender Security shall be valid for 30
days beyond the validity of the tender.
3.9 Any tender not accompanied by an acceptable Tender Security shall be rejected. The Tender Security of a
joint venture must define as “Tenderer” all joint venture partners and list them in the following manner: a
joint venture consisting of”…………”,”…………”,and “…………”.
3.10 The Tender Securities of unsuccessful tenderers will be returned within 28 days of the end of the tender
validity period specified in Clause 3.6.
3.11 The Tender Security of the successful tenderer will be discharged when the tenderer has signed the
Contract Agreement and furnished the required Performance Security.
3.12 The Tender Security may be forfeited
(a) if the tenderer withdraws the tender after tender opening during the period of tender validity;
(b) if the tenderer does not accept the correction of the tender price, pursuant to Clause 5.7;
(c) in the case of a successful tenderer, if the tenderer fails within the specified time limit to
(h) sign the Agreement, or
(ii) furnish the required Performance Security.
3.13 Tenderers shall submit offers that comply with the requirements of the tendering documents, including the
basic technical design as indicated in the Drawings and Specifications. Alternatives will not be
considered, unless specifically allowed in the invitation to tender. If so allowed, tenderers wishing to offer
technical alternatives to the requirements of the tendering documents must also submit a tender that
complies with the requirements of the tendering documents, including the basic technical design as
indicated in the Drawings and Specifications. In addition to submitting the basic tender, the tenderer shall
provide all information necessary for a complete evaluation of the alternative, including design
calculations, technical specifications, breakdown of prices, proposed construction methods and other
relevant details. Only the technical alternatives, if any, of the lowest evaluated tender conforming to the
basic technical requirements shall be considered.
3.14 The tenderer shall prepare one original of the documents comprising the tender documents as described in
Clause 3.2 of these Instructions to Tenderers, bound with the volume containing the Form of Tender,
and clearly marked “ORIGINAL”. In addition, the tenderer shall submit copies of the tender, in the
number specified in the invitation to tender, and clearly marked as “COPIES”. In the event of discrepancy
between them, the original shall prevail.
3.15 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorised to sign on behalf of the tenderer, pursuant to Clause 1.5 (a) or 1.6 (b), as
the case may be. All pages of the tender where alterations or additions have been made shall be initialled
by the person or persons signing the tender.
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3.16 Clarification of tenders shall be requested by the tenderer to be received by the procuring entity not later
than 7 days prior to the deadline for submission of tenders.
3.17 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the
request to enable the tenderer to make timely submission of its tender.
3.18 The tender security shall be in the amount of 0.0 – 2.0 per cent of the tender price.
4. Submission of Tenders
4.1 The tenderer shall seal the original and all copies of the tender in two inner envelopes and one outer
envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES” as appropriate. The inner
and outer envelopes shall:
(a) be addressed to the Employer at the address provided in the invitation to tender;
(b) bear the name and identification number of the Contract as defined in the invitation to tender; and
(c) provide a warning not to open before the specified time and date for tender opening.
4.2 Tenders shall be delivered to the Employer at the address specified above not later than the time and date
specified in the invitation to tender. However, the Employer may extend the deadline for submission of
tenders by issuing an amendment in accordance with Sub-Clause 2.5 in which case all rights and
obligations of the Employer and the tenderers previously subject to the original deadline will then be
subject to the new deadline.
4.3 Any tender received after the deadline prescribed in clause 4.2 will be returned to the tenderer un-opened.
4.4 Tenderers may modify or withdraw their tenders by giving notice in writing before the deadline prescribed
in clause 4.2. Each tenderer’s modification or withdrawal notice shall be prepared, sealed, marked,
and delivered in accordance with clause 3.13 and 4.1, with the outer and inner envelopes additionally
marked “MODIFICATION” and “WITHDRAWAL”, as appropriate. No tender may be modified after
the deadline for submission of tenders.
4.5 Withdrawal of a tender between the deadline for submission and the expiry of the tender validity period
specified in the invitation to tender or as extended pursuant to Clause 3.6 may result in the forfeiture of
the Tender Security pursuant to Clause 3.11.
4.6 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders by submitting tender
modifications in accordance with Clause 4.4 or be included in the original tender submission.
5. Tender Opening and Evaluation
5.1 The tenders will be opened by the Employer, including modifications made pursuant to Clause 4.4, in the
presence of the tenderers’ representatives who choose to attend at the time and in the place specified in the
invitation to tender. Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenderers’
and Employer’s representatives who are present during the opening shall sign a register evidencing their
attendance.
5.2 The tenderers’ names, the tender prices, the total amount of each tender and of any alternative tender (if
alternatives have been requested or permitted), any discounts, tender modifications and withdrawals, the
presence or absence of Tender Security, and such other details as may be considered appropriate, will be
announced by the Employer at the opening. Minutes of the tender opening, including the information
disclosed to those present will be prepared by the Employer.
5.3 Information relating to the examination, clarification, evaluation, and comparison of tenders and
recommendations for the award of Contract shall not be disclosed to tenderers or any other persons not
officially concerned with such process until the award to the successful tenderer has been announced. Any
effort by a tenderer to influence the Employer’s officials, processing of tenders or award decisions may
result in the rejection of his tender.
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5.4 To assist in the examination, evaluation, and comparison of tenders, the Employer at his discretion, may
ask any tenderer for clarification of the tender, including breakdowns of unit rates. The request for
clarification and the response shall be in writing or by email, telex or facsimile but no change in the price
or substance of the tender shall be sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered in the evaluation of the tenders in accordance with Clause 5.7.
5.5 Prior to the detailed evaluation of tenders, the Employer will determine whether each tender
(a) meets the eligibility criteria defined in Clause 1.7;
(b) has been properly signed;
(c) is accompanied by the required securities; and
(d) is substantially responsive to the requirements of the tendering documents.
A substantially responsive tender is one which conforms to all the terms, conditions and specifications of
the tendering documents, without material deviation or reservation. A material deviation or reservation is
one: -
(a) which affects in any substantial way the scope, quality, or performance of the works;
(b) which limits in any substantial way, inconsistent with the tendering documents, the
Employer’s rights or the tenderer’s obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive position of other tenderers
presenting substantially responsive tenders.
5.6 If a tender is not substantially responsive, it will be rejected, and may not subsequently be made responsive
by correction or withdrawal of the nonconforming deviation or reservation.
5.7 Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be
corrected as follows:
(a) where there is a discrepancy between the amount in figures and the amount in words, the
amount in words will prevail; and
(b) where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the
opinion of the Employer, there is an obvious typographical error, in which case the adjustment
will be made to the entry containing that error.
(c) In the event of a discrepancy between the tender amount as stated in the Form of Tender and the
corrected tender figure in the main summary of the Bill of Quantities, the amount as stated in the
Form of Tender shall prevail.
(d) The Error Correction Factor shall be computed by expressing the difference between the tender
amount and the corrected tender sum as a percentage of the corrected Builder’s Work (i.e.
Corrected tender sum less P.C. and Provisional Sums)
(e) The Error Correction Factor shall be applied to Builder’s Work (as a rebate or addition as the
case may be) for the purposes of valuations for Interim Certificates and valuation of variations.
(f) the amount stated in the tender will be adjusted in accordance with the above procedure for the
correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the
tenderer. If the tenderer does not accept the corrected amount, the tender may be rejected and the
Tender Security may be forfeited in accordance with clause 3.11.
5.8 The Employer will evaluate and compare only the tenders determined to be substantially responsive in
accordance with Clause 5.5.
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5.9 In evaluating the tenders, the Employer will determine for each tender the evaluated tender price by
adjusting the tender price as follows:
(a) making any correction for errors pursuant to clause 5.7;
(b) excluding provisional sums and the provision, if any, for contingencies in the Bill of Quantities,
but including Day-works where priced competitively.
(c) making an appropriate adjustment for any other acceptable variations, deviations, or alternative
offers submitted in accordance with clause 3.12; and
(d) making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with clause 4.6
5.10 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations,
deviations, and alternative offers and other factors which are in excess of the requirements of the tender
documents or otherwise result in unsolicited benefits for the Employer will not be taken into account in
tender evaluation.
5.11 The tenderer shall not influence the Employer on any matter relating to his tender from the time of the
tender opening to the time the Contract is awarded. Any effort by the Tenderer to influence the Employer
or his employees in his decision on tender evaluation, tender comparison or Contract award may result in
the rejection of the tender.
5.12 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shall be
allowed a 10% preferential bias provided that they do not sub-contract work valued at more than 50% of
the Contract Price excluding Provisional Sums to an non-indigenous sub-contractor.
6. Award of Contract
6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer whose tender has been
determined to be substantially responsive to the tendering documents and who has offered the lowest
evaluated tender price, provided that such tenderer has been determined to be: -
(a) Eligible in accordance with the provision of Clauses 1.2, and
(b) Qualified in accordance with the provisions of clause 1.7 and 1.8.
6.2 Notwithstanding clause 6.1 above, the Employer reserves the right to accept or reject any tender, and to
cancel the tendering process and reject all tenders, at any time prior to the award of Contract, without
thereby incurring any liability to the affected tenderer or tenderers.
6.3 The tenderer whose tender has been accepted will be notified of the award prior to expiration of the tender
validity period in writing or by email, telex or facsimile. This notification (hereinafter and in all Contract
documents called the “Letter of Notification of award”) will state the sum (hereinafter and in all Contract
documents called the “Contract Price or sum”) that the Employer will pay the Contractor in consideration
of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the
Contract. At the same time, the other tenderers shall be informed that their tenders have not been
successful.
The contract shall be formed on the parties signing the contract.
6.4 The Agreement will incorporate all agreements between the Employer and the successful tenderer. Within
14 days of receipt the successful tenderer will sign the Agreement and return it to the Employer.
6.5 Ten (10) days after receipt of the Letter of Notification of award, the successful tenderer shall deliver to
the Employer a Performance Security in the amount stipulated in the Appendix to Conditions of Contract
and in the form stipulated in the Tender documents. The Performance Security shall be in the amount and
form specified
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6.6 Failure of the successful tenderer to comply with the requirements of clause 6.5 shall constitute sufficient
grounds for cancellation of the award and forfeiture of the Tender Security.
6.7 Preference where allowed in the evaluation of tenders shall not be allowed for contracts not exceeding one
year (12 months)
6.8 The tender evaluation, acceptance, and negotiation committee shall evaluate the tender within fifteen days
from date of tender opening. The period for tender evaluation may be extender by an extra 30 days for
complex projects of where there is a huge number of tenderers and it is not practically possible to examine
all the tenders with 15 days after tender opening.
6.9 The parties to the contract shall have it signed within 30 days from the date of notification of contract
award unless there is an administrative review request.
6.10 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)
6.11 Where contract price variation is allowed, the valuation shall not exceed 25% of the original contract price.
6.12 Price variation request shall be processed by the procuring entity within 30 days of receiving the request.
6.13 The procuring entity may at any time terminate procurement proceedings before contract award and shall
not be liable to any person for the termination.
6.14 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its
reasons for termination within 14 days of receiving the request from any tenderer.
6.15 A tenderer who gives false information in the tender document about its qualification or who refuses to
enter into a contract after notification of contract award shall be considered for debarment from
participating in future public procurement.
7. Corrupt and Fraudulent practices
7.1 The procuring entity requires that tenderers observe the highest standards of ethics during procurement
process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be
involved in corrupt and fraudulent practices.
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8. APPENDIX (INSTRUCTIONS TO TENDERERS): TENDER EVALUATION CRITERIA
Evaluation will be done in six stages as follows: -

1. Determination of responsiveness
2. Technical evaluation
3. Financial evaluation
4. Recommendation for award
1. STAGE ONE (TENDER RESPONSIVENESS)
i) In accordance with the requirements of the Instructions to Tenderers under Clauses 5, only substantially
responsive tenders will be subjected to detailed evaluation. For purposes of Clauses 5, a responsive tender
is one which conforms to all the terms, conditions and specifications of the tendering documents, without
material deviation or reservation. The mandatory conditions to be complied with are: -
a) Form of tender (properly filled and signed)
b) Bid security (from approved institutions, proper validity period, as per the sample form)
c) Class of registration with National Construction Authority (Class N.C.A. 6 and above)
d) Current tax compliance certificate
ii) A company shall fulfil all the four conditions in (i) above in order to proceed to technical evaluation.
iii) Any company that does not fulfil any of the above conditions shall be disqualified from further evaluation
at this stage.
STAGE 2: (Technical Evaluation )
i) Bids will be allocated 20 marks. The bidder must attach documentary proof using the criteria shown below: -
item Criterion Preference Max score

score
1. Type of company Limited Liability 2 2
Partnership and sole proprietor ship 1
2 Class of Registration NCA 1 – NCA 5 2

With N.C.A. 2
NCA 6 1
3 Similar Works (KES) 0 - < 1 million 0 4

At least 50% complete
1– < 2 million 1
2 – < 4 million 2
4 - < 5 million 3
Above 5 million 4
4 Availability of 1 pick-up / passenger vehicle 1 2
equipment
One truck and above 2
5 Qualified personnel Trade test / craft certificate 1 3

(Directors qualification
in relevant trade) Diploma 2
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item Criterion Score Max. score
Financial statement of 2011 1 2

Financial status
Financial statement of 2012 / 2013 2
Ltd Net yearly 2

companies operating profit loss 0
(KES)
1 – 100,000 1
Above 100,000 2
Fixed Assets 3
(KES) 0 – 100,000 0
100,000 – 200,000 1
200,000 – 300,000 2
Above 300,000 3
Business Liquid assets
names 0 – 100,000 0
100,000 – 200,000 1
200,000 – 300,000 2
Above 300,000 3
20
Total Score
ii) A bidder must score a minimum score of 14 out of 20 marks to proceed to financial analysis.
iii) Any bidder who scores 13 and below out of twenty for technical analysis shall be deemed
technically unresponsive hence disqualified from further analysis.
STAGE 3: FINANCIAL ANALYSIS
i) The bids which have been deemed technically responsive shall be ranked from the lowest to the
highest.
ii) The bid ranked lowest shall be recommended for award if the tender sum reflects current market
price and gives value for money to the client.
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Summary of instructions to bidders
Clause Description KES
Clause 1 Eligible bidders
Clause 2 Tender documents
Clause 3 Preparation of tender documents
Clause 4 Submission of Tenders
Clause 5 Tender opening and evaluation
Clause 6 Award of Contract

Clause 7
Clause 8 Corruption and Fraudulent Practices
Appendix to instructions to bidders
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PARTICULAR PRELIMINARIES
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ITEM
DESCRIPTION KES
PARTICULAR PRELIMINARIES
PRICING OF PRELIMINARIES
Prices SHALL BE INSERTED against the items of preliminaries in the
A. bidder’s priced Bills of Quantities. The contractor is advised to read and
understand all preliminary items.
B SCOPE OF WORKS
The works comprises construction of a perimeter fence along the
boundaries of Chuka University as outlined in the detailed measurements.
C. LOCATION OF SITE
The site is located within Chuka University Compound
SIGN BOARD
D No sign board will be erected
HOARDING
E No hoarding will be necessary for this work.
SECURITY FOR THE WORKS

F The contractor shall allow for proving adequate security for the works and
the workers in the course of execution of this contract. No claim will be
entertained from the contractor for not maintaining adequate security for
both the works and workers.
EXISTING SERVICES
Prior to commencement of any works, the contractor shall ascertain from
the relevant authorities the exact position, depth and level of all existing
G services in the area and shall make whatever provisions may be required by
the authorise concerned for the support, maintenance and protection of such
services.
OFFICE OF THE PROJECT MANAGER

H The Project Manager’s office shall not have an office
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ITEM DESCRIPTION KES
A Nature of work
This work is divided into different sections and may not be one continuous
wall. There will be different access points to the different sections.
VALUE ADDED TAX (VAT)

The contractor’s attention is drawn to the Legal Notice in the Finance Act
part 3 section 21(b) operative from 1st September 1993 which requires
B payment of VAT on all contracts. The contractor should therefore include
allowance in his rates and prices for VAT and any other government and
local authority taxes and levies currently in force. The VAT shall be added
at the Grand Summary page. The contractor shall be responsible for
submitting the VAT to the commissioner of VAT
PROJECT MANAGER’S ACCOUNT

The funds shall be disbursed as directed by the Project Manager.
Project team expenses
Cellular phone airtime 5,000

C
Materials from Demolitions

D No materials arising from demolition works shall be incorporated in the
permanent building works without prior authority of the project manager.
The demolition materials may however be used for scaffolding, hoarding

E and any other temporary work which the contractor may deem necessary for
proper execution of these works
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GENERAL PRELIMINARIES
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ITEM
DESCRIPTION KES
GENERAL PRELIMINARIES
PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES
Prices will be inserted against items of Preliminaries in the contractor’s

priced Bills of Quantities and specifications
The contractor shall be deemed to have included in his prices or rates for the
A various items in the Bills of Quantities or specifications for all the costs
involved in complying with all requirements for the proper execution of the
whole of the works in this contract.
ABBREVIATIONS
Throughout these bills, the units of measurements and terms are abbreviated
B and shall be interpreted as follows: -
C cm shall mean cubic metre
D sm shall mean square metre
E lm shall mean linear metre
F mm shall mean millimetre
G Kg shall mean kilogram
H No. shall mean number
J Prs shall mean pairs
K B.S. shall mean the current British Standard Specification published

by the British Standards Institute, 2 park street, London W.1,
England
L Ditto shall mean the whole of the preceding description except as

qualified in the description in which it occurs.
M m/s shall mean measured separately
N a.b.d shall mean as before described
P P.M. shall mean the Project Manager
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EXCEPTIONS TO THE STANDARD METHOD OF MEASUREMENT
A Attendance clause B19 (a) of the S.M.M. is deleted and the following clause
is substituted: -
B Attendance on nominated subcontractors shall be given as an item in each

case and shall be deemed to: allowing use of standing scaffolding, mess
rooms, sanitary accommodation and welfare facilities, provision of special
scaffolding where necessary, providing space for office accommodation and
for storage of plant and materials, providing light and water for their work,
clearing away rubbish, off- loading, facilities for storage, hoisting, providing
electric power, and removing and replacing duct covers pipe casings and the
like necessary for the execution and testing of the sub-contractors' work and
being responsible for the accuracy of same.
C Disposal of water clause 18(a) and (b) of the S.M.M. are deleted and the
following clause is substituted; -
D Keeping the excavations free from all water including spring and running
water shall be given as an item, or alternatively shall be given in the
description of the excavation.
E Planking and strutting clause D 19 of the S.M.M. delete the words "shall be
given as an item or", the clause will then read that planking and strutting
shall be deemed to be included in all items of excavation.
Fix only shall mean take delivery at the nearest railway station (unless
otherwise stated), pay all the demurrage charges, load, and transport to site
where necessary, unload, store, unpack, assemble, as necessary, distribute to
position, hoist and fix only.
EMPLOYER
F The employer is the Chuka University, The term employer and Chuka
University, whenever used in any contract document shall be synonymous.
PROJECT MANAGER (P.M.)
The term the P.M. wherever used in these bills of quantities shall be deemed
G to imply the Project Manager as defined in the conditions of contract or such
person or persons as may be fully authorised to represent him on behalf of
the Chuka University.
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ARCHITECT
A The term the "Architect" shall be deemed to mean the P.M. as defined above
whose address shall be P.O. Box 109, CHUKA.
QUANTITY SURVEYOR
B The term the "Quantity Surveyor" shall be deemed to mean the P.M. as
defined above whose address shall be Project Manager’s Office, P.O. Box
109, CHUKA.
ELECTRICAL ENGINEER
C The term the "Electrical Engineer" shall be deemed to mean the P.M. as
109, CHUKA.
STRUCTURAL ENGINEER
D The term the "Structural Engineer" shall be deemed to mean the P.M. as
109, CHUKA.
MECHANICAL ENGINEER
E The term the " Mechanical Engineer " shall be deemed to mean the P.M. as
defined above whose address shall be Project Manager’s Office P.O. Box
109, CHUKA.
FORM OF CONTRACT
F The form of contract shall be as stipulated in the Republic of Kenya’s

standard Tender Document for Procurement of Building Works (2006
Edition) included herein
Conditions of Contract
The conditions of contract are also included herein These are numbered from
G clause 1 to 38 as set out in these tender documents.
A copy of the Conditions of Contract, form of bond, drawings, and general
specification may be seen at the Development and Estates Department office
– Chuka University on any working day until the time appointed for the
submission of tenders.
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A Particular insertions to be made in the appendix of the contract agreement

will be found in the particular preliminaries of these Bills of Quantities.
BOND
B The contractor shall find and submit on the form of tender the name of one
surety who shall be an established bank, guarantee company or approved
insurance company and who will be willing to be bound to the Employer in
an amount equal to five per cent (5%) of the contract amount for the due
performance of the contract up to the date of completion as certified by the
P.M. and who will, when and if called upon to do so, sign a bond to that
effect on sample form of bond included in the tender documents (without the
addition of any limitations) on the same day as the contract agreement is
signed. In case of the surety named in the form of tender not being approved
by the Employer, the contractor shall furnish within seven days another
surety to the approval of the Chuka University.
PLANT, TOOLS AND VEHICLES.

C
Allow for providing all the scaffolding, plant tools and vehicles required for
the works except in so far as may be stated otherwise herein and except such
items specifically and only required for the use of nominated sub-contractors
as described herein. No timber used for scaffolding, form work or temporary
works of any kind shall be used afterwards in the permanent work.
TRANSPORT.
D
Allow for transport of workmen, materials etc., to and from the site at such
hours and by such routes as may be permitted by the competent authorities
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MATERIALS AND WORKMANSHIP.

A
All materials and workmanship used in the execution of the works shall be
of the best quality and description unless otherwise described.
The contractor shall order all materials to be obtained from overseas
immediately after the contract is signed and shall also order materials to be
obtained from local sources as early as necessary to ensure that they are on
site when required for use in the works. The bills of quantities shall not be
used for ordering the materials.
SIGN FOR THE MATERIALS SUPPLIED.
B The contractor will be required to sign a receipt for all articles and materials
supplied by the P.M. at the time of taking delivery thereof, as having
received them in good order and condition, and will thereafter be
responsible for any loss or damage and for replacements of any such loss or
damage with similar articles or materials as supplied by the P.M. at the
current market prices including customs duty, all at the contractor's own
costs and expenses, to the satisfaction of the P.M.
STORAGE OF MATERIALS.
C The contractor shall provide at his own risk and cost where directed on site,
weatherproof lockup sheds for the safe storage and custody of materials for
the works and for the use of workmen engaged thereon and shall remove
such sheds and make good damaged or disturbed surfaces upon completion
to the satisfaction of the P.M.
Nominated sub-contractors are to be made liable for the cost of any storage
accommodation provided solely for their use.
SAMPLES
D The contractor shall furnish at his own cost any samples of material or
workmanship including concrete test cubes required for the works that may
be called for by the P.M. for his approval or rejection and any further
samples in case of rejection until such samples are approved by the P.M.
and the P.M. may reject any materials or workmanship not in his opinion
upto the approved samples.
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A The P.M. may arrange for the testing of such materials as he may at his own
discretion deem desirable, but the testing shall be made at the expense of PM
and not at the expense of the contractor unless the materials fail to pass the
test or are in the opinion of the P.M. not in accordance with the specification,
in either case the contractor shall pay for the testing in accordance with the
current scale of testing charges laid down by the Ministry of Works.
The procedure for submitting samples of materials for testing and the method
of marking for identification shall be as lay down by the PM.
The contractor shall allow in his tender for such samples and tests except
those about nominated sub-contractor's work.
GOVERNMENT ACTS REGARDING WORKPEOPLE ETC.
Allow for complying with all Government of Kenya Acts, orders and
B regulations about the employment of labour and other matters related to the
execution of the works. In particular, the contractor’s attention is drawn to
the provisions of the factory act 1950 and any subsequent amendments or
other revisions to date and his tender must include all costs arising or
resulting from compliance with any act, order, or regulation to the safety,
health or welfare of the work people.
The contractor must make himself acquainted with the current acts and
C regulations, including police regulations regarding the movement, housing,
security, and control of labour, labour camps passes, for transport, etc. It is
most important that the contractor, before tendering, shall obtain from the
relevant authority the fullest information regarding all such regulations and /
or restrictions which may affect the organisation of the works, supply or
control of labour etc., and allow accordingly in his tender. No claim in
respect of want of knowledge in this connection will be entertained.
SECURITY OF WORKS ETC.
D The contractor shall be entirely responsible for all the security of all the
works, stores, materials, plant personnel etc., both his own and sub-
contractors' and must provide all necessary watching, lighting, and other
precautions as necessary to ensure security against theft, loss or damage and
protection of the public.
PUBLIC AND PRIVATE ROADS
E Maintain as required throughout the execution of the works and make good
any damage to the public or private roads from or consequent upon the
execution of the works to the satisfaction of the local or other competent
authority and the PM.
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A EXISTING PROPERTY
The contractor shall take every precaution to avoid damage to all existing
property including roads, cables, drains, and other services and he will be
held responsible for and shall make good all such damage arising from the
execution of this contract at his own expense to the satisfaction of the PM.
B VISIT SITE AND EXAMINE DRAWINGS.
The contractor is recommended to examine drawings and visit site location,

which is described in the particular preliminaries hereof. He shall be deemed
to have acquainted himself therewith as to the nature, position, means of
access or any other matter which may affect his tender. No claim arising
from this failure to comply with this recommendation will be considered.
C ACCESS TO SITE AND TEMPORARY ROADS
Means of access to the site shall be agreed with the PM prior to the
commencement of the work and the contractor must allow for building any
necessary temporary access roads for the transport of materials, plant and
workmen as may be required for the complete execution of the works
including the provision of temporary culverts, crossings, bridges or any other
means of gaining access to the site.
D Upon completion of the works, the contractor shall remove such temporary
culverts, crossings, bridges and make good and reinstate all works and
surfaces disturbed to the satisfaction of the PM.
E AREA TO BE OCCUPIED BY THE CONTRACTOR.
The PM shall define the area of the site that may be occupied by the
contractor for use of storage and for erecting workshops, etc. on the site.
F OFFICE ETC FOR THE P.M.

The Contractor shall provide, erect and maintain where directed on site and
afterwards leave intact a two storey Site Office of the Type A design
measuring 12000 x 4000 mm, complete with furniture. He shall also provide
a strong metal cabinet complete with strong hasp and staple fastening and
two keys, provide the services of cleaner and pay all conservancy charges
and keep office in a clean and sanitary condition from the commencement to
the completion of the works and thereafter leave intact at no cost to the
employer. The office shall be completed before the Contractor is permitted
to commence the works.
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A He shall provide erect and maintain lockup pedestal type water or bucket
closet for the sole use of the PM including making temporary connections
to drain where applicable to the satisfaction of the Employer and the
medical officers of health and shall provide the services of a cleaner and
pay all conservancy charges and keep both office and closet in clean and
sanitary condition from the commencement to the completion of the works
and leave intact after the completion of the works. The office closet shall be
completed before the contractor is permitted to commence work.
The contractor shall make available on the site as and when required by the
PM a modern and accurate level together with levelling staff, ranging rods
and one 50-meter metallic linen tape.
WATER AND ELECTRICITY SUPPLY FOR THE WORKS
B Unless otherwise stated in the particular preliminaries hereof, the following

requirement shall apply: -
C The contractor shall provide, at his own risk and cost, all the necessary
water, electric light and power required for use in the works.
D The contractor must make his own arrangements for the connection to the
nearest suitable water mains and for metering the water used.
E He must also provide water tanks and meters as required at his own cost and
clear away when no longer required and make good on completion to the
entire satisfaction of the PM the contractor shall pay all charges herewith.
F No guarantee is given or implied that sufficient water will be available from

the mains and the contractor must make his own arrangements for
augmenting this supply at his own cost if necessary.
G Nominated sub-contractors are to be made liable for the cost of water and /
or electric power used for any installation provided especially for their own
use.
H SANITATION OF THE WORKS

The sanitation for the works shall be arranged and maintained by the
contractor to the satisfaction of the Chuka University and / or local
authorities, labour department and the PM.
SUPERVISION AND WORKING HOURS

J The work shall be executed under the direction and to the entire satisfaction
in all aspects of the P.M. who shall be at all times during the normal
working hours have access to the works and to the yards and workshops of
the contractor and sub-contractors or other places where work is being
prepared for contract.
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A The working hours shall be those generally worked by good employers in the
building and civil engineering trades in Kenya. No work shall be carried out
at night or on gazetted holidays unless the PM shall so direct. No work shall
be covered up nor shall any concreting be carried out in the absence of the
clerk of works without the prior approval of the PM. in writing.
PROVISIONAL SUMS
The term provisional sum wherever used in these bills of quantities shall
B have the meaning stated in section A item A7 (i) of the standard method of
measurement mentioned in condition no. 16 of these conditions of contract.
Such items are net and no addition shall be made for profit.
PRIME COST (OR P.C.) SUMS
C The term ''prime cost sum'' wherever used in these bills of quantities shall
have the meaning stated in section A item A7 (ii) of the Standard Method of
Measurement. Persons or firms nominated by the PM to execute work or to
provide and fix materials or goods as stated in Clause no. 8 of the Conditions
of Contract are described herein as nominated sub-contractors. Persons or
firms so nominated to supply goods or materials are described as nominated
suppliers.
PROGRESS CHART
The contractor shall provide within two weeks of possession of the site and
D in agreement with the PM. a progress chart for the whole of the works
including the work of nominated sub-contractors, one copy to be handed to
the PM. and a further copy to be retained on site. Progress to be recorded and
the chart to be amended as necessary as the work proceeds.
ADJUSTMENT OF P.C. SUMS
In the final account all PC sums shall be deducted ant the amount properly
E expended upon the PM's order in respect of each of them added to the
contract sum. The contractor shall produce to the PM such quotations,
invoices or bills properly receipted, as may be necessary to show the actual
details of the sums paid to the contractor.
Items of profit upon P.C. shall be adjusted in the final accounts pro rata to
the amount paid. Items of attendance (as previously described) following
P.C. sums shall be adjusted pro rata to the physical extent of the work
executed (not pro rata to the amount paid.) and this shall apply even though
the contractors priced bills shows a percentage in the column in respect of
them.
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ITEM
DESCRIPTION KES
A Should the contractor be permitted to tender and his tender be accepted for
any work for which a P.C. sum is included in the bills of quantities, profit
and attendance will be allowed at the same rates as it would be if the work
were executed by a nominated sub-contractor.
ADJUSTMENT OF PROVISIONAL SUMS
B In the final accounts, all provisional sums shall be deducted and the value of
work properly done upon the PM's order added to the contract sum. Such
work shall be valued as described for variations in Condition No.13 of the
conditions of contract, should any part of the work be executed by a
nominated sub-contractor, or any articles for the work be supplied by a
nominated supplier, the value of such work or articles shall be treated as a
P.C. sum and profit and attendance comparable to that contained in the
priced bills of quantities for similar items added.
NOMINATED SUB-CONTRACTORS
C When work is ordered by the PM. to be executed by a nominated sub-

contractor the contractors shall enter into sub-contracts as described in as
described in Condition No. 8 of conditions of contracts and shall thereafter
be responsible for such sub-contract in every respect.
Unless otherwise described the contractor is to provide such sub-contractors
any or facilities described in these preliminaries.
The contractor should price for these with the nominated sub-contractors
work concerned in the P.C. sum under the description ''Add for attendance''.
DIRECT CONTRACTS
D Notwithstanding the foregoing conditions, the Chuka University reserves the

right to place a ''direct contract'' for any goods or services required in the
works which are covered by a P.C. sum in the bill of quantities and to pay
for the same direct. In any such instance, profit relative to the P.C. sum in the
priced bills of quantities will be adjusted as described for the P.C. sums and
allowed.
ATTENDANCE UPON OTHER TRADESMEN
E The contractor shall allow for the attendance of trade upon trade and shall
afford any tradesman or any other person employed for the execution of any
work not included in this contract every facility for carrying out the work
and also for the use of his ordinary scaffolding. The contractor, however,
shall not be required to erect any special scaffolding for them. The contractor
shall perform such cutting away and making good after the work of such
tradesmen or persons as may be ordered by the PM. and the work will be
measured and paid for to the extent executed at the rates provided in the bills
of quantities.
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ITEM
DESCRIPTION KES
INSURANCE
A The contractor shall insure as required in condition no.30 of the conditions of

contract.
No payments on account of work executed will be made to the contractor
until he has satisfied the PM. either by production of an insurance policy or
by an insurance certificate that the provisions of the foregoing insurance
clauses have been complied with in all aspects.
Thereafter the PM. shall from time to time ascertain that the contractor who
shall, if called upon to do so, produce receipted premium renewals for the
PM's inspection duly pays up premiums.
PROVISIONAL WORK
B All work described as provisional in these bills of quantities is subject to re-

measurement in order to ascertain the actual quantity executed for which
payment will be made.
All provisional and other works liable to adjustment under this contract shall
be left uncovered for a reasonable time to allow all measurements needed for
such adjustments to be taken by the PM. Immediately the work is ready for
measuring, the contractor shall give notice to the PM
If the contractor makes default in these respects he shall, if the PM so directs
uncover the work to enable all measurements to be taken and afterwards
reinstate at his own expense.
ALTERATION TO BILLS, PRICING ETC.
B Any unauthorised alteration or qualification made to the text of the bills of

quantities may cause the tender to be disqualified and will in any case be
ignored.
The contractor shall be deemed to have made allowance in his pricing
generally to cover any item against which no price has inserted in the priced
bills of quantities.
All items of measured work shall be priced in detail and tender containing
lump sums to cover trades or groups of work must be broken down to show
the price of each item before they will be accepted.
BLASTING OPERATIONS
C Blasting will only be allowed with the express permission of the PM in

writing. All blasting operations shall be carried out at the contractors' sole
risk and cost in accordance with any Government of Kenya regulations in
force for the time being, and any special regulations laid down by the County
government governing the use and storage of explosives.
Total to collection
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MATERIALS ARISING FROM EXCAVATION
A Materials of any kind obtained from the excavation shall be the property of
the Chuka University. Unless the P.M. directs otherwise, such materials shall
be dealt with as provided in the contract. Such materials shall only be used in
the works, in substitution of materials which the contractor would otherwise
have had to supply with the written permission of the P.M. Should such
permission be given, the contractor shall make due allowance for the value
of the materials so used at a price to be agreed.
PROTECTION OF THE WORKS
C Provide protection for the whole of the works contained in the bills of
quantities, including casing up, covering or such other means as may be
necessary to avoid damage to the satisfaction of the P.M. and remove such
protection when no longer required and make good any damage which may
have been done at completion free of charge to the Chuka University.
REMOVAL OF RUBBISH
D Remove all rubbish and debris from the buildings and site as it accumulates
and at completion of the works and remove all plant, scaffolding, and unused
materials at completion.
WORKS TO BE DELIVERED UPON CLEAN
Clean and flush all gutters, rainwater and waste pipes, manholes and drains,
E wash (except where such treatment might cause damage) and clean all floors
sanitary fittings, glasses inside and outside, and any other part of the works
which may require it; remove all marks, blemishes, stains and defects from
joinery fittings and decorated surfaces generally, polish door furniture and
bright parts of metal work and leave the whole of the buildings watertight,
clean, perfect and fit for occupation to the approval of the PM.
Total to collection
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GENERAL SPECIFICATIONS
A For the full description of materials and workmanship, method of execution

of the work and notes on pricing; the contractor is referred to the ministry of
works general specifications for building works 1976 or any subsequent
revision thereof which is issued as a separate document, and which shall be
followed in all respects unless it conflicts with the general preliminaries,
trade preambles or other items in these bills of quantities, in which case the
contents of the bills of quantities shall apply
TRAINING LEVY
B The contractors attention is drawn to legal notice no 237 of October 1971,

which requires payment by the contractor of a training levy at the rate of
0.25% of the contract sum on all contracts more than KSHS 50,000/= in
value and his tender must include for all costs arising or resulting there from.
MATERIALS ON SITE
C All materials for incorporation in the works must be stored on or adjacent to

the site before payment is effected unless specifically exempted by the PM.
This is to include the materials of main contractor, nominated sub-
contractors and nominated suppliers.
HOARDING
D The contractor shall enclose the site or part of the works under construction
with a hoarding 2400mm high consisting of iron sheets on 100x50mm timber
posts firmly secured on at 1800mm centres with two 75x50mm timber rails.
The contractor is in addition required to take all precautions necessary for
the safe custody of the works, materials, plant, public and employer’s
property on site.
CONTRACTOR’S SUPERINTENDENT/SITE AGENT

The contractor shall keep constantly on the works a literate English speaking
E Agent or Representative, competent and experienced in the kind of work
involved who shall give his whole time to the Superintendence of the works.
Such Agent or Representative shall receive on behalf of the contractor all
directions and instructions from the P.M. and such directions shall be
deemed to have been given to the contractor in accordance with the
Conditions of Contract
Total to collection
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SUMMARY PAGE FOR PARTICULAR AND GENERAL PRELIMINARIES

KES
Total from page ………………………………….28
Total from page .…………………………………..41
Total from page …………………………………. 43
___________________
Total carried to Preliminaries Summary (KES)

____________________
Page 43 of 62
CONDITIONS OF CONTRACT
Page 44 of 62
CONDITIONS OF CONTRACT
1.0 Definitions
“Employer” or the “Procuring entity” as defined in the Public Procurement Regulations
(i.e. Central or local Government administration, Universities, public Institutions and Corporations, etc.) is the party who
employs the Contractor to carry out the Works.
“ Equipment” is the Contractor's machinery and vehicles brought temporarily to the site for the execution of the Works.
“The Intended Completion Date” is the date on which it is intended that the Contractor shall complete the works. The
Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration
order.
“Materials" are all supplies, including consumables, used by the Contractor for incorporation in the works.
"Plant" is any integral part of the works that shall have a mechanical, electrical, chemical, or biological function.
"Project Manager" is the person named in the Appendix to Conditions of Contract (or any other competent person
appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for
supervising the execution of the works and administering the Contract and shall be an "Architect" or a. "Quantity Surveyor"
registered under the Architects and Quantity Surveyors Act Cap 525 or an "Engineer" registered under Engineers
Registration Act Cap 530.
"Site" is the area defined as such in the Appendix to Condition of Contract.
“Site Investigation Reports” are those reports that may be included in the tendering documents which are factual and
interpretative about the surface and subsurface conditions at the site.
"Specifications" means the specifications of the works included in the Contract and any modification or addition made or
approved by the Project Manager.
"Start Date" is the latest date when the Contractor shall commence execution of the works. It does not necessarily coincide
with the site possession date(s).
"A Subcontractor" is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the
Contract, which includes work on the site.
"Temporary works" are works designed, constructed, installed, and removed by the Contractor which are needed for
construction or installation of the works.
" A V a r i a t i o n ” is an instruction given by Project Manager, which varies the works
“The Works “are what the contract requires the contractor to construct, Install, and turnover to the Employer, as defined in the
Appendix to the Conditions of Contract.
2.0 Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the
other way round. Headings have no significance. Words have their normal meaning in English Language unless
specifically defined. The Project Manager will provide instructions clarifying queries about these Conditions of
Contract.
2.2 If sectional completion is specified in the Appendix to Conditions of Contract, reference in the Conditions of
Contract to the works, the Completion Date and the Intended Completion Date apply to any section of the works
(other than references to the Intended Completion Date for the whole of the works).
2.3 The following documents shall constitute the Contract documents and shall be interpreted in the following order of
priority:
(i) Agreement
(ii) Letter of Acceptance.
(iii ) Contractor’s Tender,
(iv) Appendix to Conditions of Contract,
(v) Conditions of Contract,
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(vi) Specifications,
(vii) Drawings,
(viii) Bill of Quantities.
(ix) Any other document listed in the Appendix to Conditions of Contract as forming part of the
Contract.
Immediately after the execution of the Contract, the Project Manager shall furnish both the Employer and the Contractor
with two copies each of all the Contract documents. Further, as and when necessary the Project Manager shall furnish the
Contractor (always with a copy to the Employer) with three (3) copies of such further drawings or details or descriptive
schedules as are reasonably necessary either to explain or amplify the Contract drawings or to enable the Contractor to
carry out and complete the works in accordance with these Conditions.
3 Language and Law
3.1 Language of the Contract and the law governing the Contract shall be English Language and the Laws of Kenya
Respectively unless otherwise stated.
Except where otherwise specifically stated the Project Manager will decide contractual matters between the employer and
the contractor in the role representing the Employer.
4.0 Project Manager’s Decision
4.1 Except where otherwise specifically stated, the Project Manager will decide contractual matters between the
Employer and the Contractor in the role representing the employer
5.0 Delegation.
5.1 The Project Manager may delegate any of his duties and responsibilities to other person after notifying the
Contractor.
6.0 Communications
6.1 Communication between parties shall be effective only when in writing. A notice shall be effective only when it
is delivered.
7. Subcontracting.
7.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without
the approval of the Employer in writing. Subcontracting shall not alter the Contractor's obligations.
8 Other Contractors:
8.1 The Contractor shall cooperate and share the site with other contractors, public authorities, utilities etc. as listed in
the Appendix to Conditions of Contract and also with the Employer, as per the directions of Project Manager. The
Contractor shall also provide facilities and services for them. The Employer may modify the said List of Other
Contractors etc., and shall notify the Contractor of any such modification.
9 Personnel:
9.1 The Contractor shall employ the key personnel named in the Qualification Information, to carry out the functions
stated in the said Information or other personnel approved by the Project Manager. The Project Manager will
approve any proposed replacement of key personnel only if their relevant qualifications and abilities are
substantially equal to or better than those of the personnel listed in the Qualification Information If the Project
Manager asks the Contractor to remove a person who is a member of the Contractor's staff or work force, stating the
reasons, the Contractor shall ensure that the person leaves the site within seven days and has no further connection
with the work in the Contract.
10. The Works
10.1 The Contractor shall construct and install the Works in accordance with the specifications and drawings. The Works may
commence on the Start date and shall be carried out in accordance with the program submitted by the Contractor,
as updated with the approval of the Project Manager, and complete them by the Intended Completion Date.
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11. Safety and Temporary Works.
11.1 The Contractor shall be responsible for the design of temporary works. However before erecting the same, he shall
submit his designs including specifications and drawings to the Project Manager and to any other relevant third
parties for their approval. No erection of temporary works shall be done until such approvals are obtained.
11.2 The Project Manager's approval shall not alter the Contractor's responsibility for design of the Temporary works
and all drawings prepared by the Contractor for the execution of the temporary or permanent works, shall be
subject to prior approval by the Project Manager before they can be used.
11.3 The Contractor shall be responsible for the safety of all activities on the site.
12.0 Discoveries:
12.1 Anything of historical or other interest or of significant value unexpectedly discovered on site shall be the property
of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Project
Manager's instructions for dealing with them.
13.0 Work Program:
13..1 Within the time stated in the Appendix to Conditions of Contract, the Contractor shall submit to the Project
Manager for approval a program showing the general methods, arrangements, order, and timing for all the
activities in the works. An Update of the program shall be a program showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the remaining work, including any
changes to the sequence of the activities.
The Contractor shall submit to the Project Manager for approval an updated program at intervals no longer than the
period stated in the Appendix to Conditions of Contract. If the Contractor does not submit an updated program within
this period, the Project Manager may withhold the amount stated in the said Appendix from the next payment certificate
and continue to withhold this amount until the next payment after the date on which the overdue program has been
submitted. The Project Manager's approval of the programme shall not alter the Contractor's obligations. The
contractor may revise the program and submit it to the Project Manager again at any time. A revised program shall
show the effect of Variations and Compensation Event:
14 Possession of Site.
14.1 The Employer shall give possession of all parts of the site to the contractor. If possession of a part is not given by
the date stated in the appendix to Conditions of Contract, the Employer will be deemed to have delayed the start
of the relevant activities, and this will be a Compensation Event
l5. Access to Site
15.1 The Contractor shall allow the project Manager and any other person authorized by the Project
Manager, access to the site and to any place where work in connection with the Contract is being carried
out or is intended to be carried out.
16. Instructions
16.1 The Contractor shall carry out all instructions of the project Manager, which are in accordance with the
Contract
17. Extension or Acceleration of Completion Date
17.1 The Project Manager shall extend the Intended Completion date if a Compensation Event occurs or a variation is
issued which makes it impossible for completion to be achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.
The Project Manager shall decide whether and by how much to extend the Intended Completion date within 21
days of the Contractor asking the Project Manager in writing for a deci sion upon the effect of a compensation
Event or Variation and submitting full supporting information. If the Contractor has failed to file early warning of a
Page 47 of 62
delay or has failed to cooperate in dealing with a delay, the delay caused by such failure shall not be considered
in assessing the new (extended) completion date.
17.2 No bonus for early completion of the works shall be paid to the Contractor by the Employer.
18.0 Management Meeting.
18.1 A contract management meeting shall be held monthly and attended by the Project Manager and the Contractor. Its
business shall be to review the plans for the remaining work and deal matters raised in accordance with the early
warning procedure. The Project Manager shall record minutes of the management meetings and provide copies of
the same to those attending the meeting and the employer. The responsibilities for the parties for action to be taken
shall be decided by the Project Manager either at the management meeting or after the management meeting and
stated in writing to all who attended the meeting.
19 Early Warning:
19.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the work, increase the Contract Price or delay the execution
of the works. The Project Manager may require the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Contract Price and Completion Date. The contractor as soon as
reasonably possible shall provide the estimate.
19.2 The Contractor shall cooperate with the Project Manager in making and considering proposals on how the effect of
such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any
resulting instructions of the Project Manager.
20 Defects
20. I The Project Manager shall inspect the Contractor's works and notify the Contractor of any defects that are found.
Such inspection shall not affect the Contractor's responsibilities. The Project Manager may instruct the
contractor to search for a defect and to uncover and test any work that the Project Manager considers may
have a defect. Should the defect be found, the cost of uncovering and making good shall be borne by the
Contractor. However, if there is no defect found the cost of uncovering and making good shall be treated as
a variation and added to the Contract Price.
20.2 The Project Manager shall give notice to the Contractor of any defects before the end of the Liability Period, which
begins at Completion, and is defined in the Appendix to Conditions of Contract. The defects Liability period shall
be extended for as long as defects remain to be corrected.
20.3 Every time notice of a, defect is given, the Contractor shall correct the notified defect within the length of time
specified by the Project Manager's notice. If the Contractor has not corrected a defect within the time specified in
the project Manager's notice, the project Manager will assess the cost of having the defect corrected by other
parties and such cost shall be treated as a variation and be deducted from the Contract Price.
21. Bills of Quantities
21.1 The Bills of Quantities shall contain items for the construction, installation, testing and commissioning of the
work to be done by the Contractor. The Contractor will be paid for the quantity of the work done at the rate in
the Bills of Quantities for each item.
21.2 If the final quantity of the work done differs from the quantity in the Bills of Quantities for the particular item
by more than 25 percent and provided the change exceeds 1 per cent of the Initial Contract price, the project
Manager shall adjust the rate to allow for the change.
21.3 If requested by the project Manager, the Contractor shall provide the Project Manager with a detailed cost
breakdown of any rate in the Bills of Quantities.
22. Variations:
22.1 All variations shall be included in update programs produced by the Contractor.
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22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the variations when requested to
do so. The Project Manager shall assess the quotation, which shall be given within seven days of the request or
within any longer period as may be stated by the Project Manager and before the Variation is ordered.
22.3 If the work in the variation corresponds with an item description in the Bills of Quantities and if in the opinion
of the Project Manager, the quantity of work is not above the limit stated in Clause 21.2 or the timing of its
execution does not cause the cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to
calculate the value of the variation. If the cost per unit of quantity changes, or if the nature or timing of the
works in the variation does not correspond with items in the Bills of Quantities, the quotation by the Contractor shall
be in the form of new rates for the relevant items of work.
22.4 I f the nature or timing of the variation does not correspond with items in the Bills of Quantities, the quotation by the
contractor shall be in the form of new rates for the relevant item of Works.
22.5 If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and
considered without delaying the work, no quotation shall be given and the variation shall be treated as a
Compensation Event.
22.6 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early
warning.
22.7 When the program is update, the Contractor shall provide the Project Manager with an updated cash flow
forecast.
23. Payment Certificates, Currency of Payments and Advance Payments:
23.1 The Contractor shall submit to the project Manager monthly applications for payment giving sufficient details of the
work done and materials on site and the amounts which the Contractor considers himself to be entitled to. The
Project Manager shall check the monthly application and certify the amount to be paid to the Contractor within
14days. The value of work executed and payable shall be determined by the project Manager.
23.2 The value of work executed shall comprise the value of the quantities of the items in the Bills of Quantities
completed, materials delivered on site, variations and compensation events, such materials shall become the
property of the Employer once the Employer has paid the Contractor for their value. Thereafter, they shall
not be removed from site without the Project Manager's instructions except for use upon the works.
23.3 Payment shall be adjusted for deductions for retention. The Employer shall pay the Contractor theamounts
certified by the Project Manager within 30 days of the date of issue of each certificate. If the employer makes a late
payment, the Contractor shall be paid simple interest on the late payment in the next payment. Interest shall be
calculated on the basis of number of days delayed at a rate three percentage points above the Central Bank of
Kenya's average rate for base lending prevailing as of the first day the payment becomes overdue.
23.4 If an amount certified is increased in a later certificate or as a result of an award by an Arbitrator, the Contractor shall be
paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon
which the increased amount would have been certified in the absence of dispute.
23.5 Items of the works for which no rate or price has been entered in will not be paid for by the Employer and shall be
deemed covered by other rates and prices in the Contract.
23.6 The Contract price shall be stated in Kenya Shillings. All payments to the Contractor shall be made in Kenya
Shillings and foreign currency in the proportion indicated in the tender, or agreed prior to the execution of the
contract agreement and indicated therein. The rate of exchange for the calculation of the amount of foreign
currency payment shall be the rate of exchange indicated in the appendix to conditions of contract. If the
Contractor indicated foreign currencies for payment other than the currencies of the countries of origin of related
goods and services the Employer reserves the right to pay the equivalent at the time of payment in the currencies of
the countries of such goods and services. The Employer reserves the right to pay the equivalent at the time of
payment in the currencies of the countries of such goods and services. The employer and the Project Manager
shall be notified promptly by the Contractor of a changes in the expected foreign currency requirements of the
contractor during the execution of the works as indicated in the Schedule of Foreign Currency Requirements and
the foreign and local currency portions of the balance of the contract price shall then be amended by agreement
between Employer and the Contractor in order to reflect appropriately such changes.
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23.7 In the event that an advance payment is granted the following shall apply: -
a) On signature of the Contract, the Contractor shall at his request, and without furnishing proof of
expenditure, be entitle to an advance of 10% (ten per cent) of the original amount of the
Contract. The advance shall not be subject to retention money.
b) No advance payment may be made before the Contractor has submitted proof of the
establishment of deposit or a directly liable guarantee satisfactory to the Employer in the
amount of the advance payment. The guarantee shall be in the same currency as the advance.
C) Reimbursement of the lump sum shall be made by deductions from the interim payments and
where applicable from the balance owing to the Contractor. Reimbursement shall begin when the
amount of the sums due under the Contract reaches 20% of the original amount of the Contract It
shall have been completed by the time 80% of this amount is reached.
The amount to be paid by way of successive deductions shall be calculated by means of the formula: -
R = A(X1 – X11)
80 – 20
Where:
R = the amount to be reimbursed.
A = the amount of the advance which has been granted.
X1 = the amount of proposed cumulative payments as a percentage of the

original amount of the Contract. This figure will exceed 20% but not exceed
80%
X11 = the amount of the previous cumulative payments as a percentage of

the original amount of the Contract. This figure will be below 80% but not less
than 20%
b) With each reimbursement the counterpart of the directly liable guarantee may be reduced
accordingly.
24. Compensation Events:
24.1 The following issues shall constitute Compensation Events: -
a) The Employer does not give access to a part of the site by the site Possession Date stated in the
appendix to Conditions of Contract.
b) The Employer modifies the list of other Contractors, etc., in a way that affects the work of the
Contractor under the Contract.
c) The Project Manager orders a delay or does not issue drawings, specifications or instructions required for
the execution of the work on time.
d) The Project Manager instructs the contractor to uncover or carry out additional tests upon the work,
which is then found to have no defects.
e) The Project Manager unreasonably does not approve a subcontract to be let.
f) Ground conditions are substantially more adverse than could reasonably have been assumed before
issuance of the Letter of Acceptance from the information issued to tenderer (including the site
investigation reports), from information available publicly and from visual inspection.
g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the
Employer or additional work required for safety or other reasons.
h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other
constrains stated in the contract, and they cause a delay or extra cost to the contractor.
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i) The effects on the contractor of any of the Employer’s risks.
j) The Project Manager unreasonably delays issuing a certificate of completion.
k) Other compensation events described in the contract or determined by the Project Manager shall apply.
24.2 If a compensation event would cause additional cost or would prevent the works being completed before the
Intended Completion Date, the Contract Price shall be increased and / or the Intended Completion Date shall
be extended. The Project Manager shall decide whether and by how much the Contract Price shall be
increased and whether and by how much the Intended Completion Date shall be extended..
24.3 As soon as the information demonstrating the effect of each compensation effect upon the Contractor’s
forecast cost has been provided by the contractor, it shall be assessed by the Project Manager, and the
contract price shall be adjusted accordingly. If the contractor’s forecast is deemed unreasonable, the Project
Manager shall adjust the Contract Price based on the Project Manager’s own forecast. The Project manager
will assume that the contractor will react competently and promptly to the event.
24.4 The Contractor shall not be entitled to compensation to the extent that the employer's interests are
adversely affected by the Contractor not having given early warning or not having co-operated with the
Project Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of input only if provided for in the Appendix to Conditions of
Contract.
24.6 The Contractor shall give written notice to the Project Manager of his intention to make a claim within
thirty days after the event giving rise to the claim has first arisen. The claim shall be submitted within
thirty days thereafter.
Provided always that should the event giving rise to the claim of continuing effect, the Contractor shall
submit an interim claim within the said thirty days and a final claim within thirty days of the end of the
event giving rise to the claim.
25. Price Adjustment
25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other levies are changed between
the date 30 days before the submission of tenders for the Contract and the date of Completion. The
adjustment shall be the change in the amount of tax payable by the Contractor.
25.2 The Contract Price shall be deemed to be based on exchange rates current at the date of tender submission
in calculating the cost to the Contractor of materials to be specifically imported (by express provisions in
the Contract Bills of Quantities or specifications) for permanent incorporation in the works. Unless
otherwise stated in the Contract, if at any time during the period of the Contract exchange rates shall
be varied and this shall affect the cost to the Contractor of such materials, then the Project Manager shall
assess the varying amount from time to time and the amount so assessed shall be added to or deducted
from the Contract Price as the case may be.
25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to have been calculated in
the manner set out below and in sub-clauses 25.4 and 25.5 and shall be subject to adjustment in the events
specified hereunder: -
(i) The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the
rates of wages and other emoluments and expenses as determined by the Joint Building Council
(JBC) and set out in the schedule of rates issued 30 days before the date of submission of
tenders. A copy of schedule used by the contractor in his pricing shall be attached in the
appendix to Conditions of Contract.
(ii) Upon JBC determining that any of the said rates of wages or other emoluments and expenses
are increased or decreased, then the contract price shall be increased or decreased by the
amount assessed by the Project Manager based on the difference, expressed as a percentage,
between the rates set out in the schedule of basic rates issued 30 days before the date for
submission of tenders and the rate published by the JBC and applied to the quantum of labour
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incorporated within the amount of work remaining to be executed at the date of publication of
such increase or decrease.
(iii) No adjustment shall be made in respect of changes in the rates of wages and other emoluments
and expenses which occur after the date of completion except during such other period as may
be granted as an extension of time under clause 17 of these conditions.
25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be based upon the basic
prices of materials to be permanently incorporated in the works as determined by the JBC and set out
in the schedule of basic rates issued 30 days before the date for submission of tenders. A cop y of the
schedule used by the contractor in his pricing shall be attached in the appendix to conditions of
contract.
25.5 Upon the JBC determining that any of the said basic prices are increased or decreased then the
Contract Prices shall be increased or decreased by the amount to be assessed by the Project Manager
based upon the difference between the price set out in the schedule of basic rates issued 30 days before
the date for submission of tenders and the rate published by the JBC and applied to the quantum of
relevant materials which have not been taken into account in arriving at the amount of any interim
certificate under clause 23 of these conditions of contract issued before the date of publication of such
increase or decrease.
25.6 No adjustment shall be made in respect of changes in basic prices of materials which occur after date
for Completion except during such other period as may be granted as extension of time under clause 17
of these conditions.
25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any materials included in
the schedule of basic rates.
26.0 Retention
26.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Appendix to
Conditions of Contract until Completion of the whole of the works, half the total amount retained shall be
repaid to the Contractor and the remaining half when the Defects Liability Period has passed and the
Project Manager has certified that all defects notified to the Contractor before the end of this period have
been Corrected.
27. Liquidated Damages
27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in the Appendix to
conditions of Contract for each day that the actual completion date is later than the intended completion
date. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of
liquidated damages shall not alter the Contractor's liabilities.
27.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project
Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next
payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rate specified in Clause 23.30.
28. Securities.
28.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of
Acceptance and shall be issued in an amount and form and by a reputable bank acceptable to the Employer,
and denominated in Kenya Shillings. The Performance Security shall be valid until a date 30 days beyond
the date of issue of the Certificate of Completion.
29. Day works:
29.1 If applicable, the Day Works rates in the Contractor's tender shall be used for small additional amounts of
work only when the Project Manager has given written instructions in advance for additional work to be
paid for in that way.
29.2 All works to be paid for as Day Works shall be recorded by the Contractor on Forms approved by the Project
Manager- Each completed form shall be verified and signed by the Project Manager within two days of the
works being done.
Page 52 of 62
29.3 The contractor shall be paid for day-works subject to obtaining signed Day-works forms
30. Liability and Insurance
30.1 From the Start Date until the Defects Correction Certificate has been issued, the following are the
Employer's risks:
(a) The risk of personal injury, death or loss of or damage to property (excluding the works, plant,
materials and equipment), which are due to: -
(i) Use or occupation of the site by the works or for the purpose of the works, which is
the unavoidable result of the works, or
( ii) Negligence, breach of statutory duty or interference with any legal right by the people
employed by or contracted to him except the contractor.
(b) The risk of damage to the works, plant, materials, and equipment to the extent that it is due to a
fault of the employer or in employer's design, or due to war or radioactive contamination
directly affecting the place where the works are being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been issued, the risk of loss of or
damage to the works, plant and materials is the Employer's risk except loss or damage due to:-
(a) a defect which existed on or before the Completion bate.
(b) An event occurring before the completion date, which was not itself, the Employer's risk.
(c) The activities of the contractor on the site after the completion date.
30.3 From the start date until the defects correction certificate has been issued, the risks of personal injury,
death and loss of or damage to property (including, without limitation, the works, plant, material and
equipment) which are not Employer's risk are contractor's risks
The Contractor shall provide, in the joint names of the Employer and the contractor, insurance cover from
the start date to the end of the Defects Liability Period, in the amounts stated in the Appendix to
Conditions of Contract for the following events:-
(a) loss of or damage totheworks, plant and materials.
(b) loss of or damage to equipment.
(c) loss of or damage to property (except the works, plant, materials and equipment) in connection
with the contract and
(d) personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for
the Project Manager's approval before the state date. All such insurance shall provide for compensation
required to rectify the loss or damage incurred.
30..5 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the
insurance which the contractor should have provided and recover the premiums from payments
otherwise due to the contractor or, if no payment is due, the payment of the premiums shall be a debt
due.
30.6 Alterations to the terms of insurance shall not be made without the approval of the Project Manager. Both
parties shall comply with any conditions of insurance policies.
31. Completion and Taking over,
Page 53 of 62
31.1 Upon deciding that the works are complete, the Contractor shall issue a written request to the
Project Manager to issue a certificate of completion of the works. The Employer shall take over
the site and the works within seven (7) days of the Protect Manager’s issuing a Certificate of Completion.
32. Final Account:
32.1 The contractor shall issue the Project Manager with a detailed account of the total amount that the
Contractor considers payable to him by the Employer under the Contract before the end of the Defects
Liability period. The Project Manager shall issue a Defects Liability Certificate and certify any final
payment that is due to the Contractor within 30 days of receiving the Contractor's account if it is correct
and complete. If it is not, the Project Manager shall issue within 30 days a schedule that states the scope
of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has
been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a
Payment Certificate. The Employer shall pay the Contractor the amount due in the Final Certificate
within 60 days.
33. Termination:
33.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of
the contract. These fundamental breaches of contract shall include but shall not be limited to, the
following;-
(a) the Contractor stops work for 30 days when no stoppage of work is shown on the current program and the
stoppage has not been authorized by the Project Manager;
(b) the Project Manager instructs the Contractor to delay the progress of the works, and the
instruction is not withdrawn within 30 days;
(c) the Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or
amalgamation;
(d) a payment certified by the Project Manager is not paid by the Employer to the Contractor
within 30 days (for Interim Certificate) or 60 days (for Final Certificate) of issue.
(e) The Project Manager gives notice that failure to correct a particular defect is a fundamental breach
of contract and the Contractor fails to correct it within a reasonable period of time determined by
the Project Manager;
(f) The Contractor does not maintain a security, which is required.
33.2 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause
other than those listed under Clause 33.1 above, the Project Manager shall decide whether the breach is
fundamental or not.
33.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
33.4 If the Contract is terminated, the Contractor shall stop work immediately, make the site safe and secure,
and leave the site as soon as reasonably possible. The Project Manager shall immediately thereafter
arrange for a meeting for the purpose of taking record of the works executed and materials, foods,
equipment and temporary buildings on site.
34. Payment upon Termination:
34.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project
Manager shall issue a certificate for the value of the work done and materials ordered and delivered to site up
to the date of the issue of the certificate. Additional liquidated damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable by
the Contractor.
34.2 If the contract is terminated for the employer’s convenience or because of a fundamental breach of
contract by the employer, the Project Manager shall issue a certificate for the value of work done,
Page 54 of 62
materials on site, the reasonable cost of removal of equipment from the site repatriation of the Contractor's
personnel employed solely on the -works, and the Contractor's costs of protecting and securing the works.
34.3 The Employer may employ and pay other persons to carry out and complete the works and to rectify any
defects and may enter upon the works and use all materials on the site, plant, equipment and temporary
works.
34.4 The Contractor shall, during the execution or after the completion of the works under this clause remove
from the site as and when required, within such reasonable time as the Project Manager may in writing
specify , any temporary buildings, plant, machinery, appliances, goods or materials belonging to or
hired by him and in default the Employer may without being responsible for any loss or damage remove
and dispose of the same and the proceeds less all costs incurred shall be to the credit of the Contractor.
Until after completion of the works under this clause the Employer shall not be bound by any other provision
of this Contact to make any payment to the Contractor, but upon such completion as aforesaid and the
verification within a reasonable time of the accounts therefore the Project Manager shall certify the
amount of expenses properly incurred by the Employer and if such amount added to the money paid to
the Contractor before such determination exceeds the total amount which would have been payable on due
completion in accordance with this Contact the difference shall be a debt payable to the Employer by the
Contractor; and if the said amount added to the said money be less than the said total amount, the difference
shall be a debt payable by the Employer to the Contractor.
35 Release from Performance:
35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either
the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The
Contractor shall make the site safe and stop work as quickly as possible after receiving this certificate and
shall be paid for all work carried out before receiving it.
36.. Corrupt gifts and payments, of commission:
The Contractor shall not:-
a) Offer or give or agree to give to any person in the service of the Employer any gift or consideration of any kind
as an inducement or reward for doing or forbearing to do or for Having done or forborne to do any act in
relation to obtaining or execution of this contract for the employer or for showing or forbearing to show
favour or disfavour to any person in relation to this or any other contract for the Employer.
(b) Enter into this or any other contract with the Employer in connection with which commission has been paid
or agreed to be paid by him or on his behalf or to his knowledge, unless before the Contract is made
particulars of any such commission and of the terms and conditions of any agreement for the payment
thereof have been disclosed in writing to the Employer.
(c) Any breach of this Condition by the Contractor or by anyone employed by him or acting on his behalf
(whether with or without the knowledge of the Contractor) shall be an offence under the provisions of the
Public Procurement Regulations issued under the exchequer and Audit Act Cap 412 of the Law of Kenya.
37. Settlement of Disputes:
37.1 In case any dispute or difference shall arise between the Employer or the Project Manager on his behalf
and the Contractor, either during the progress or after the completion or termination of the works such
dispute shall be notified in writing by either party to the other with a request to submit it to arbitration and to
concur in the appointment of an Arbitrator within thirty days of the notice. The dispute shall be referred 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 or Vice Chairman of
any of the following professional institutions:-
(i) Architectural Association of Kenya

( ii) Institute of Quantity Surveyors of Kenya
(iii) Association of Consulting Engineers of Kenya
(iv) Chartered Institute of Arbitrators (Kenya branch)
(v) Institution of Engineers of Kenya
Page 55 of 62
on the request of the applying party. The institution written to first by the aggrieved party shall take
precedence over all other institutions.
37.2 The arbitration may be on the Construction of this contract or any matter or thing whatsoever nature arising
there under or in connection therewith, including any matter or thing left by this Contract to the discretion
of the Project Manager, or the withholding by the Project Manager of any certificate to which the
Contractor may claim to be entitled to or the measurement and valuation referred to in clause 23.0 of these
conditions, or the rights and liabilities of the parties subsequent to the termination of Contract.
37.3 Provided that no arbitration proceedings shall be commenced on any dispute or difference where notice of
a dispute or difference has not been given by the applying party within ninety days of the occurrence or
discovery of the matter or issue giving rise to the dispute.
37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such a dispute or difference shall
not commence unless an attempt has in the first instance been made by the parties to settle such
dispute or difference amicably with or without the assistance of third parties. Proof of such attempt shall
be required.
37.5 Notwithstanding anything stated herein, the following matters may be referred to arbitration before the
practical completion of the works or abandonment of the works or termination of the Contract by
either party
(i) The appointment of a replacement Project Manager upon the said person ceasing to act.
(ii) Whether or not the issue of an instruction by the Project Manager is empowered by these
Conditions.
(iii) Whether or not a certificate has been improperly withheld or is not in accordance with these
Conditions.
(iv) Any dispute or difference arising in respect of war risks or war damage.
37.6 All other matters shall only be referred to arbitration after the completion or alleged completion of
the works or termination or alleged termination of the Contract, unless the employer and the Contractor
agree otherwise.
37.7 The Arbitrator shall, without prejudice to the generality of his powers, have powers to direct such
measurements, computation, tests or valuations as may in his opinion be desirable in order to determine
the rights of the parities and assess and award any sums which ought to have been the subject of or
included in any certificate.
37.8 The Arbitrator shall, without prejudice to the generality of his powers, have power to open up, review and
revise any certificate, opinion, decision, requirement or
notice and to determine all matters in dispute which shall be submitted to him in the same manner as if
no such certificate, opinion, decision, requirement or notice had been given.
37.9 The award of such Arbitrator shall be final and binding upon the parties.
Appendix to conditions of contract
1. Clause 37 is deleted and substituted with the following: -
2. Settlement of Disputes
In case any dispute or difference shall arise between the Employer or the Project Manager on its behalf and
the Contractor, either during the progress or after the completion or termination of the works such dispute
shall be notified in writing by either party to the other with a request to submit it to a competent law courts
3. Alternative Dispute Resolution
Page 56 of 62
It shall be a condition that no dispute shall be referred to the laws courts unless and until the matter has
been dealt with through Alternative Dispute Resolution (ADR) mechanism.
(i) The person or persons to conduct the Alternative Dispute shall be agreed upon between the parties.
(ii) The Alternative Dispute Resolution shall involve Reconciliation, Mediation or Adjudication
Item Description KES
Table of Contents
1. Definitions ……………………………………………………
2. Interpretation ……………………………………………………
3. Language and law ……………………………………………………
4. Project Manager’s Decisions ………………………………………..
5. Delegation ………………………………………………….
6. Communications ……………………………………………………
7. Subcontracting ………………………………………………….
8. Other contractors …………………………………………………..
9. Personnel ………………………………………………..
10. Works ……………………………………………….
11. Safety and Temporary Works …………………………………..
12. Discoveries ………………………………………………..
13. Work program ……………………………………………….
14. Possession of Site………………………………………………..
15. Access to Site ………………………………………………
16. Instructions ……………………………………………….
17. Extension or Acceleration of Completion Date ………………..
18. Management Meetings …………………………………………
Page 57 of 62
19. Early Warning ………………………………………………
20. Defects ………………………………………………
21. Bills of Quantities …………………………………………….
22. Variations ……………………………………………..
23. Payment certificates …………………………………………
24. Compensation Events ……………………………………….
25. Price Adjustments …………………………………………
26. Retention …………………………………………
27. Liquidated Damages ……………………………………….
28. Securities ……………………………….
29. Day Works …………………………………………….
30. Liability and Insurance ……………………………………..
31. Completion and Taking over ………………………………
32. Final Account ……………………………………………..
33. Termination ………………………………………….
34. Payment upon Termination ……………………………….
35. Release from Performance ………………………………...
36. Corrupt Gifts and Payment of Commissions ………………

Appendix to conditions of contract Clauses
1. Dispute resolution ………………………..………………
2. Alternative Dispute Resolution ………………………………
Page 58 of 62
APPENDIX TO CONDITIONS OF CONTRACT
The Employer is:
Name: PRINCIPAL SECRETARY
MINISTRY OF EDUCATION SCIENCE AND TECHNOLOGY,
Name of Authorized Representative: VICE CHANCELLOR,

CHUKA UNIVERSITY
P.O. BOX 109-60400
CHUKA
Telephone: +254 20 2310512.
Facsimile: +254 20 2310518
The Project Manager is: -

Name: University Architect (Moses Kirimi)
Address: P.O. BOX 109 CHUKA
Telephone: +254 721 218525.
Email: [email protected]
Name of Authorized Representative

Name: University Quantity Surveyor (Elias Muindi)
Address: P.O. BOX 109 CHUKA
Telephone: +254 722 670 935.
Email: [email protected]
The name (and identification number) of the Contract is …………………………………………..
The Works consist of: Perimeter wall phase 3 including columns and brick facing
1. Clause 2.2 (Sectional Completion) - the work shall be constructed in one phase
- Completion date shall be 30 weeks from

date of site possession
2. Clause 8.0 (Other contractors to share site) - Any contractor that the Project Manager may
Nominate
3. Clause 13.0 (Works program) - (i) to be provided within 7 days of site

possession.
(ii) Updated program to be supplied

monthly.
(iii) Amount to withdraw from next payment

for non- submission of updated program -
10% of valuation certificate.
4. Clause 14 (Site possession) - To be agreed with Project Manager
5. Clause 20 (Defects liability Period) - Twelve months from date of practical

completion date .
Page 59 of 62

6. Clause 23 (Interim certificates) - (i) Valuation done - Monthly
- (ii) Period of honouring certificate – 30 days
- (iii) Advance payment – shall not apply
7. Clause 26 (Retention money) - (i) Percentage retained – 10%
- (ii) Limit of retention – 5% of contract price
8. Clause 27 (Liquidated damages) - At the rate of KES 1,000/- per week or part
thereof
9. Clause 24.5 (Fluctuations) - Shall not apply
10. Clause 25.2 (Materials to be specifically imported) - Exchange rate is KES 102 per US$
11. Clause 28 (performance security) 5 % of the contract price
12. Clause 30 (Liability and insurance) - Minimum cover for other properties is
Kenya shillings one million
- Minimum cover for other people is

Kenya shillings one million
Collection page for Conditions of Contract
Total from page 59 ………………….…………………
Total from page 60 ………………….………………..
Total from page 61 ………………….…………………
Total from above ……………………………………….

_____________
Total carried to Summary for Conditions of Contract
_________________
Page 60 of 62
PREAMBLES AND PRICING NOTES
Page 61 of 62
PREAMBLES AND PRICING NOTES

A. GENERALLY
All work to be carried out in accordance with the Ministry of Public Works General Specifications for Building
Works issued in 1976 or as qualified or amended below.
B. WALLING
All precast concrete blocks shall be manufactured by the methods and to the sizes specified in the Ministry of
Public Works “Specification for Metric Sized Concrete Blocks for Building (1972)”
Walling of 100 mm thickness or under shall be reinforced with hoop iron every alternate course.
Prices for walling must allow for all costs in preparing, packing and sending sample blocks for testing as and
when required by the Project Manager.
A. STRUCTURAL STEELWORK
All structural steelwork shall comply with the Ministry of Public Works “Structural Steelwork Specification
(1973) and shall be executed by an approved Sub-contractor.
A. PLASTERWORK AND OTHER FINISHES

All finishings shall be as described in the general specifications and in these Bills of Quantities.
Prices for pavings are to include for brushing concrete clean, wetting and coating with cement and sand grout
1:1.
Rates for glazed wall tiling are to include for a 12 mm cement and sand (1:4) backing screed unless otherwise
specified in these Bills of Quantities.
PRELIMINARIES SUMMARY KES
Total from page ….. (Instructions to bidders)
Total from page ….. (Particular and General Preliminaries)
Total from page ….. (Conditions of contract)
_____________
Total to grand summary page for preliminaries
_____________
Page 62 of 62
Perimeter wall phase 4 section 4
ITEM DESCRIPTION QTY UNIT RATE KES
PERIMETER FENCE PHASE 3
ELEMENT NO 1: SUBSTRUCTURES
(All provisional)
A Clear site of all obstructions, bushes, shrubs, big and small trees,
cut into manageable pieces, uproot the stumps and dispose of ad
directed. item
Excavations and earthworks

B
Excavate for column bases depth 0 -1.5m from reduced levels 77 cm
C Ditto depth 1.5-3.0m 26 cm
D Trench excavation 0-1.5m 1467 cm
E Trench excavation 1.5 - 3.0m 489 cm
F Extra over excavation for hard ground 1 cm
G Return, fill in and ram selected red soil in excavated areas. 1722 cm
H Cart away surplus materials fill up lower grounds, spread evenly

and compact as directed, distance not exceeding 200 meters from
site. 339 cm
J Keep excavations from storm water item
K Allow for lunking and strutting item
50 mm thick in-situ vibrated plain concrete

mix (1:4:8) blinding under:
L Strip foundation 231 sm
M Column bases 88 sm
Insitu Vibrated Reinforced concrete mix (1:2:4)

Class 20/20mm
N Columns bases 58 cm
P Strip Foundation 46 cm
Q Starter columns 22 cm
R Ground beam 41 cm
Total carried to summary
Page 1 of 3

Supply timber, nails and all necessary materials for
and including construction, erection, treatment and
later striking out sawn formwork as described to:
A Vertical sides of Foundation strip 154 sm
B Vertical sides of column bases 84 sm
C Faces of starter sub-columns 246 sm
D Faces of ground beam 226 sm
Steel bars reinforcement measured net including

cutting bending, labelling, hooking, tying wire, spacers
hoisting and supporting all in position as described:
High tensile square Twisted bars to B.S. 4461
E 12mm diameter (bases) 3432 KG
F 10mm diameter 1546 KG
G 8mm diameter 1900 KG
Foundation walling
H 200 mm Thick rough chisel dressed natural stone walling bedded
and jointed in cement and sand
(1:3) mortar and reinforced with and including 20 swg x 25 mm
wide hoop iron in every alternate course 781 sm
Super walling
J 200 mm Thick machine cut stone walling (minimum strength
7N/MM2 ) bedded and jointed in cement and
sand (1:3) mortar and reinforced with and including
20 swg x 25 mm wide hoop iron in every alternate course 925 sm
K Point super wall with neat recessed horizontal

joint in slurry mortar 1:1 mix. 1,849 sm
L Raking cutting to stone walling 451 lm
M 250x 50mm bevelled in - situ concrete 1:2:4 mix including

2 anti capillary grooves and finished to receive facing bricks 451 lm
N 350x250x75mm bevelled and moulded in-situ concrete

coping including anti capillary grooves all round 88 no
Page 2 of 3
A
Purpose made steel grill comprising 25x25x3mm thick square
hollow section at 100mm center to center to match existing fence
and as per the architectural drawing including one coate of grey
primer,all fixing lugs, placing in position and making good jambs 308 sm
B Prepare and apply 3 coats gloss enamel paint to general surfaces

of steel externally (measured overall) 308 sm
C Leave or construct drainage holes size 100mm diameter 57 no
D Apply 12mm thick flexcel expansion joints sealant to all expansion

joint 4 sm
E 50mm thick hand scratched burnt clay brick facing bedded in

mortar 1:3 mix 263 sm
F Allow a sum of Kenya shillings five hundred thousand for extra

substructure works
SUMMARY
Total for preliminaries from page ………………………………………
Total from page 1 .................................................................
Total from page 2 .................................................................
Total from above .................................................................
Add Value Added Tax (16%)

Total carried to form of tender
Amount carried to form of tender in Words (Kenya Shillings) ………..................................……………..…

………………………………………………..……………………...................................……………………………………………..
Contractor's Name ……………...……………………………………….
Address ………………………………………………………
Date ……………………………………. Signature ……………………………………….
Page 3 of 3

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CHUKA UNIVERSITY

CONTRACT NO: CU/74/2015 – 2016

CONTRACT BILLS OF QUANTITIES

SIGNATURE PAGE AND SPECIAL NOTES

POST QUALIFICATION FORMS

THE VICE CHANCELLOR,

Name and address of company…………………………….…………………………………………

Name of person signing on behalf of company………………………………………………………..

Date ………………………….. Binding Signature …………….…………………….

Witness to signature of tender (Name) …………………………………………..

Address ……………………………… Date ………………………………….

CONFIDENTIAL BUSINESS QUESTIONNAIRE (FORM S 13)

Part 2 (a) Sole proprietorship

Part 2 (b) partnership

Give details of partners as follows:

Part 2 (C) Registered Company

Date …………………… signature of tenderer ………………………

Please indicate as below: -

NAME OF APPRENTICE TRADE

NAME OF APPRENTICE TRADE

Name of project (contract) for which you are now tendering

CONTRACT NO. CONTRACT JOB

2.0 summary of quick assets and current liabilities as of ……………………….. 20 ……..

(b) cash deposited in banks

TOTAL Kshs ……………………….

2.2 Deposit with bids / guarantees Kshs ……………………….

TOTAL ASSETS Kshs ……………………….

BANK CREDIT LETTER

Name of Bank ………………………………………………………..

A line of credit in the maximum amount of Kshs …………………………………

WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

FORM OF TENDER SECURITY

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his

THE CONDITIONS of this obligation are:

Legal Name of the firm ……………………………………………………………………

Postal Address ……………………………………………………………………… Physical Address

Telephone No. ………… Fax No. …………… E - Mail address …………….………

Person to contact ………………………………………………………

Name Profession Designation Experience (years)

TOTAL ANNUAL TURNOVER

* Attach completion certificates or other documents to authenticate the provided information

Name of Description (Make, model, Condition Year of service Present location

* Attach Documentary evidence of ownership of equipment

INSTRUCTION TO BIDDERS / TENDERERS

1. General/Eligibility/Qualifications/Joint venture/Cost of tendering

(h) authority to seek references from the tenderer’s bankers;

(b) the tender shall be signed so as to be legally binding on all

(d) one of the partners will be nominated as being in charge,

(e) the execution of the entire Contract, including payment, shall be

(a) These Instructions to Tenderers

(b) Tender Security;

(c) Priced Bill of Quantities ;

(d) Qualification Information Form and Documents;

(e) Alternative offers where invited; and

3.12 The Tender Security may be forfeited

(h) sign the Agreement, or

(ii) furnish the required Performance Security.