ROAD IN RUMA N. PARK Wiga - Kenya Wildlife Service

ROADS AND FLEET MANAGEMENT DEPARTMENTTENDER NO KWS/OT/R&F/02/2013-2014REHABILITATION OFREHABILITATION OF TOURIST CIRCUIT ROADS ANDAIRSTRIP IN RUMA NATIONAL PARKJULY 2013HEAD,ROADS AND FLEET MANAGEMENT,KENYA WILDLIFE SERVICE,P.O.BOX 40241-00100NAIROBIDIRECTOR,KENYA WILDLIFE SERVICE,P.O.BOX 40241-00100NAIROBI

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/.../2012-2013REHABILITAION OF TOURIST CIRCUIT ROADS AND AIRSTRIP IN RUMA NATIONALPARKTABLE OF CONTENTSSECTION I: INSTRUCTIONS TO BIDDERS ......................................................................................................... 2SECTION II: FORM OF BID .................................................................................................................................. 18SECTION III: APPENDIX TO FORM OF BID .................................................................................................... 21SECTION IV: FORM OF BID SECURITY. .......................................................................................................... 23SECTION V:QUALIFICATION AND TECHNICAL EVALUATION CRITERIA .......................................... 26SECTION V-(A):QUALIFICATION CRITERIA ................................................................................................. 27V-(B):TECHNICAL EVALUATION CRITERIA ................................................................................................. 35SECTION VI: CONDITIONS OF CONTRACT .................................................................................................... 38SECTION VI-(B):CONDITIONS OF CONTRACT PART II: (CONDITIONS OF PARTICULARAPPLICATION) ........................................................................................................................................................ 40SECTION VII: SCHEDULES OF SUPPLEMENTARY INFORMATION ........................................................ 63SECTION VIII: FORM OF AGREEMENT ........................................................................................................... 78SECTION IX: PERFORMANCE SECURITY (UNCONDITIONAL BANK GUARANTEE) ......................... 81SECTION X: STANDARD SPECIFICATIONS .................................................................................................... 83SECTION XI: SPECIAL SPECIFICATIONS ....................................................................................................... 85SECTION XII: DRAWINGS .................................................................................................................................. 109SECTION 13: BILLS OF QUANTITIES .............................................................................................................. 127i

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F02./2012-2013INVITATION TO TENDERREHABILITATION OF TOURIST CIRCUIT RODAS AND SURFACING OF AIRSTRIPTENDER NO KWS/OT/R&F /02/2013-20141. Kenya Wildlife Service (KWS) has received funds from the Government of Kenya and intends torehabilitate the above road and an Airstrip in Ruma National Park. The scope of work is detailedin the tender document.2. Kenya Wildlife Service now invites eligible contractors to bid for the Works. Eligible contractorsare those registered as road works contractors by the Ministry of Roads in CLASS D ANDABOVE for gravelling and bituminous works. Bidders must also provide certified copies of acertificate of incorporation and current tax compliance certificate, sworn affidavit on litigationhistory, proof of Registration as Roads Contractor.3. Tender documents can be obtained from the procurement office, KWS Headquarters, Lang’ataRoad, Tel: 0726610508/9, 0735663421, e-mail: hps@kws.go.ke. Bidders can only submit up to amaximum of one bid. Bidders submitting more than one bid will be disqualified.4. Eligible Tenderers may purchase a set of tender documents from Head of Supply ChainManagement, Kenya Wildlife Service, between 9.00am and 4.00pm, at a non-refundable fee ofKsh.5, 000.00. Bidders are notified that there will be a Pre-tender Meeting on 17 th July 2013.Bidders wishing to attend shall be seated at KWS Headquarters in Veterinary Boardroom by10.am.5. Bidders are notified that there will be a MANDATORY organized Pre-tender site visit on22nd July 2013 starting at 8.30 am. Bidders will assemble at the Ruma Park Headquartersat Ruma National Park.6. The complete tenders enclosed in sealed envelopes clearly marked with the appropriate tendernumber and road shall be submitted at KWS Headquarters, Langata Road, and deposited in theTender Box on Ground Floor, Simba Court on or before 1 st July 2013 at 12.00 noon. Opening ofthe Tenders will take place immediately thereafter in the KWS Conference Room in the presenceof bidders representatives who wish to attend.7. Each bid shall be accompanied by a bid security of Kshs 500,000 in the form of a bank guarantee,banker’s cheque or insurance bond from an approved insurance company issued in a freelyconvertible currency.8. Bidders having ongoing works with KWS that have not been substantially completed will not beconsidered for award.HEAD OF SUPPLY CHAIN MANAGEMENTFOR DIRECTORDepartment of R&FM 1

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013SECTION I: INSTRUCTIONS TO BIDDERSDepartment of R&FM 2

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013INSTRUCTION TO TENDERERSNote: The tenderer must comply with the following conditions and instructions and failure to do so isliable to result in rejection of the tender.AGENERAL1. Definitions(a)(b)(c)(d)“Tenderer or Bidder” means any persons, partnership firm or company submitting a sumor sums in the Bills of Quantities in accordance with the Instructions to Tenderers,Conditions of Contract Parts I and II, Specifications, Drawings and Bills of Quantities forthe work contemplated, acting directly or through a legally appointed representative.“Approved tenderer or bidder” means the tenderer who is approved by the EmployerAny noun or adjective derived from the word “tender or bid” shall be read and construedto mean the corresponding form of the noun or adjective “bid”. Any conjugation of theverb “tender” shall be read and construed to mean the corresponding form of the verb“bid.”The “Employer”, as defined in the Conditions of Contract Part II, hereinafter is the DirectorKenya Wildlife Service.(e)2 Scope of BidThroughout these bidding documents, the terms bid and BID and their derivatives(bidder/Bidder, bid/Bided, bidding/Bidding etc.) are synonymous, and day meanscalendar day. Singular also means plural.2.1 The Employer, as defined in the Conditions of Contract Part II hereinafter “the Employer” wishes toreceive bids for the construction of works as described in Section XI,, clause 101 and 102 of the SpecialSpecifications –“Location and extent of the Works”2.2 The successful bidder will be expected to complete the Works within the period stated in the Appendixto Bid from the date of commencement of the Works.3 Corrupt Practices3.1 The Government requires that the Tenderers, suppliers, sub-contractors and supervisors observe thehighest standard of ethics during the procurement and execution of such contracts. in this pursuit of thispolicy, the government;(a)Defines for the purposes of this provision, the terms set forth below as follows:(i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of valueto influence the action of a public official in the procurement process or in the execution,and(ii) “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to the detriment of the Employer, andincludes collusive practices among bidders ( prior to or after bid submission) designed toDepartment of R&FM 3

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013(b)(c)establish bid prices at artificial, non-competitive levels and to deprive the Employer ofthe benefits of free and open competitionWill reject a proposal for award if it determines that the Bidder recommended for award hasengaged in corrupt or fraudulent practices in competing for the Contract, andWill declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded agovernment contract if it at any times determines that the firm has engaged in corrupt orfraudulent practices in competing for, or in executing, a Government financed contract.4 Eligibility of Tenderer4.1 This invitation to bid is open to all Bidders who are legally registered or incorporated in the Republic ofKenya as of the time of tender submission. Registration with Ministry of Roads as a Contractor ismandatory.4.2 Bidders shall not have a conflict of interest. Bidders shall be considered to have conflict of interest, ifthey participated as a consultant in the preparation of the design, documentation or technicalspecifications of the works that are the subject of this bidding other than as far as required by theEmployer.4.3 A firm that is under a declaration of ineligibility by the Employer in accordance with clause 4, at thedate of submission of the bid or thereafter, shall be disqualified.4.4 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as theEmployer shall reasonably request.5 Qualification of the Tenderer5.1 To be qualified for award of contract, the tenderer shall provide evidence satisfactory to theemployer of their eligibility under sub clause 4.1 above and of their capability and adequacy ofresources to effectively carry out the subject contract.(a)(b)(c)(d)(e)Details of experience and past performance of the tenderer on the works of a similar natureand details of current work on hand and other contractual commitments.The qualifications and experience of key personnel proposed for administration and executionof the contract, both on and off site.Major items of construction plant and equipment proposed for use in carrying out theContract. Only reliable plaint in good working order and suitable for the work required of itshall be shown on this schedule. The tenderer will also indicate on this schedule when eachitem will be available on the Works. Included also should be a schedule of plaint, equipmentand material to be imported for the purpose of the Contract, giving details of make, type,origin and CIF value as appropriate.Details of sub contractors to whom it is proposed to sublet any portion of the Contract and forwhom authority will be requested for such subletting in accordance with clause 4 of theCondition of Contract.A detailed Work execution Program, as per schedule 10 in Section VII of the tenderdocument, which shall form part of the Contract if the tender is accepted. Any change in theProgram or Schedule shall be subjected to the approval of the Engineer.Department of R&FM 4

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013(f)(a)Details of litigation or arbitration proceedings in which the tenderer has been involved as oneof the parties within the last Three(3) years prior to the deadline of the tender submissionbased on all information on fully settled dispute or litigation. A sworn affidavit must beprovided by the bidder.Joint ventures for the purpose of bidding will not be allowed6 Cost of Tendering6.1 The Tenderer shall bear all costs associated with the preparation and submission of his tender andthe Employer will in no case be responsible or liable for those costs, regardless of the conduct oroutcome of the tendering process.6.2 The price to be charged for the tender document shall be Kshs.5,000/=6.3 The procuring entity shall allow the tenderer to view the tender document free of charge beforepurchase.7 Site Visit7.1 The tenderer is advised to visit and examine the Site and its surroundings and obtain for himselfon his own responsibility, all information that may be necessary for preparing the tender andentering into a contract. The costs of visiting the Site shall be the tenderer’s own responsibility7.2 The tenderer and any of his personnel or agents will be granted permission by the Employer toenter upon premises and lands for the purpose of such inspection, but only upon the expresscondition that the tenderer, his personnel or agents, will release and indemnify the Employer fromand against all liability in respect of, and will be responsible for personal injury (whether fatal orotherwise), loss of or damage to property and any other loss, damage, costs and expenseshowever caused, which but for the exercise of such permission, would not have arisen.7.3 The Employer shall organize a pre- tender site visit at a date to be notified. A representative ofthe Employer will be available to meet the intending tenderers at the Site. Tenderers must providetheir own transport. The representative will not be available at any other time for site inspectionvisits.7.4 Non attendance of the employer arranged pre-tender site visit will lead to automaticdisqualification of a bidder.Department of R&FM 5

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013BTENDER DOCUMENTS8 Contents of Tender Documents8.1 The Tender documents comprise the documents listed here below and should be read togetherwith any Addenda issued in accordance with Clause 10 of these instructions to tenderers.a. Form of Invitation for Tendersb. Instructions to Tenderersc. Form of Tenderd. Appendix to Form of Tendere. Form of Tender Suretyf. Statement of Foreign Currency Requirementsg. Tender and Confidential Business Questionnairesh. Details of Sub contractorsi. Schedules of Supplementary Informationj. General Conditions of Contract – Part Ik. Conditions of Particular Application – Part IIl. Specificationsm. Bills of Quantitiesn. Drawingsp. Declaration Form8.2 The tenderer is expected to examine carefully all instructions, conditions, forms, terms,specifications and drawings in the tender documents. Failure to comply with the requirements fortender submission will be at the tenderer’s own risk. Pursuant to clause 26 of Instructions toTenderers, tenders which are not substantially responsive to the requirements of the tenderdocuments will be rejected.8.3 All recipients of the documents for the proposed Contract for the purpose of submitting a tender(whether they submit a tender or not) shall treat the details of the documents as “private andconfidential”.9 Inquiries by tenderers9.1 A tenderer making an inquiry relating to the tender document may notify the Employer in writingor by telex, cable or facsimile at the Employer’s mailing address indicated in the Invitation toTender. The Employer will respond in writing to any request for clarification which he receivesearlier than 7 days prior to the deadline for the submission of tenders. Written copies of theEmployer’s response (including the query but without identifying the source of the inquiry) will besent to all prospective tenderers who have purchased the tender documents.9.2 The procuring entity shall reply to any clarifications sought by the tenderer within 7 days ofreceiving the request to enable the tenderer to make timely submission of its tender.10 Amendment of Tender Documents10.1 At any time prior to the deadline for submission of tenders the Employer may, for any reason,whether at his own initiative or in response to a clarification requested by a prospective tenderer,modify the tender documents by issuing Addenda.10.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all prospectivetenderers who have purchased the tender documents and will be binding upon them.Department of R&FM 6

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-201310.3 In order to allow prospective tenderers reasonable time in which to take the Addendum intoaccount in preparing their tenders, the Employer may, at his discretion, extend the deadline for thesubmission of tenders.Department of R&FM 7

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013CPREPARATION OF TENDERS11 Language of Tender11.1 The tender and all correspondence and documents relating to the tender exchanged between thetenderer and the Employer shall be written in the English language. Supporting documents andprinted literature furnished by the tenderer with the tender may be in another language provided theyare accompanied by an appropriate translation of pertinent passages in the above stated language.For the purpose of interpretation of the tender, the English language shall prevail.12 Documents Comprising the Tender12.1 The tender to be prepared by the tenderer shall comprise:i) the Form of Tender and Appendix thereto,ii) a Tender Securityiii) the Priced Bills of Quantities and Schedulesiv) the information on eligibility and qualificationv) any other materials required to be completed and submitted in accordance with the Instructionsto Tenderers.12.2 The Forms, Bills of Quantities and Schedules provided in the tender documents shall be used withoutexception13 Tender Prices13.1 All the insertions made by the tenderer shall be made in INK and the tenderer shall clearly form thefigures. The relevant space in the Form of Tender and Bills of Quantities shall be completedaccordingly without interlineations or erasures except those necessary to correct errors made by thetenderer in which case the erasures and interlineations shall be initialed by the person or personssigning the tender.13.2 A price or rate shall be inserted by the tenderer for every item in the Bills of Quantities whether thequantities are stated or not. Items against which no rate or price is entered by the tenderer will not bepaid for by the Employer when executed and shall be deemed covered by the rates for other itemsand prices in the Bills of Quantities.The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of the Workdescribed under the items, including all costs and expenses which may be necessary and all generalrisks, liabilities and obligations set forth or implied in the documents on which the tender is based.All duties, taxes and other levies payable by the Contractor under the Contract, or for any othercause prior to the deadline for submission of tenders, shall be included in the rates and prices andthe total Tender Price submitted by the tenderer.Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for completingthe activity or activities described under that particular item and the tenderer is advised againstinserting a price or rate against any item contrary to this instruction.Department of R&FM 8

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013Every rate entered in the Bills of Quantities, whether or not such rate be associated with a quantity,shall form part of the Contract. The Employer shall have the right to call for any item of workcontained in the Bills of Quantities, and such items of work to be paid for at the rate entered by thetenderer and it is the intention of the Employer to take full advantage of unbalanced low rates.13.3 Unless otherwise specified the tenderer must enter the amounts representing 15% of the sub-total ofthe summary of the Bills of Quantities for Contingencies and Variation of Prices[V.O.P.] paymentsin the summary sheet and add them to the sub-total to arrive at the tender amount.13.4 The tenderer shall furnish with his tender written confirmation from his suppliers or manufacturers ofbasic unit rates for the supply of items listed in the Conditions of Contract clause 70 whereappropriate. The Employer may require the tenderer to justify such rates so obtained from thesuppliers or manufacturers.13.5 The rates and prices quoted by the tenderer shall not be subject to adjustment during the performanceof the contract.13.6 Where quantity contract variation is allowed, the variation shall not exceed 15% of the originalcontract quantity.13.7 Price variation requests shall be processed by the procuring entity within 30 days of receiving therequest.14 Currencies of Tender and Payment14.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be in Kenya Shillings.15 Tender Validity15.1 The tender shall remain valid and open for acceptance for a period of a Hundred and Twenty (120)days from the specified date of tender opening or from the extended date of tender opening (inaccordance with clause 10.3 here above) whichever is the later.15.2 In exceptional circumstances prior to expiry of the original tender validity period, the Employer mayrequest the tenderer for a specified extension of the period of validity. The request and the responsesthereto shall be made in writing or by cable, telex or facsimile. A tenderer may refuse the requestwithout forfeiting his Tender Surety. A tenderer agreeing to the request will not be required norpermitted to modify his tender, but will be required to extend the validity of his Tender Suretycorrespondingly.16 Tender Security16.1 The tenderer shall furnish as part of his tender, a Tender Security in the form of a bankers cheque,bank guarantee or insurance bond from an approved company16.2 The tender security shall be ksh 500,000Department of R&FM 9

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-201316.3 The Tender Security shall be valid at least thirty (30) days beyond the tender validity period.16.4 Any tender not accompanied by an acceptable Tender Surety will be rejected by the Employer asnon-responsive.16.5 The Tender Sureties of unsuccessful tenderers will be returned as promptly as possible, but not laterthan twenty eight (28) days after expiration of the tender validity period. The Tender Surety of thesuccessful tenderer will be returned upon the tenderer executing the Contract and furnishing therequired Performance Security.16.6 The Tender Surety may be forfeited:a) if a tenderer withdraws his tender during the period of tender validity: orb) in the case of a successful tenderer, if he fails, within the specified time limiti. to sign the Agreement, orii. to furnish the necessary Performance Securityc) if a tenderer does not accept the correction of his tender price pursuant to clause 27.17 No Alternative Offers17.1 The tenderer shall submit an offer which complies fully with the requirements of the tenderdocuments unless otherwise provided for in the appendix.Only one tender may be submitted by each tenderer. A tenderer who submits or participates in morethan one tender will be disqualified.17.2 The tenderer shall not attach any conditions of his own to his tender. The tender price must be basedon the tender documents. The tenderer is not required to present alternative construction options andhe shall use without exception, the Bills of Quantities as provided, with the amendments as notifiedin tender notices, if any, for the calculation of his tender price. Any tenderer who fails to comply withthis clause will be disqualified.18 Pre-tender Meeting18.1 If a pre-tender meeting is convened, the tenderer’s designated representative is invited to attend at thevenue and time in the Invitation to Tender. The purpose of the meeting will be to clarify issues andto answer questions on any matter that may be raised at that stage.18.2 The tenderer is requested as far as possible to submit any questions in writing or by cable, to reachthe Employer not later than seven (7) days before the meeting. It may not be practicable at themeeting to answer questions received late, but questions and responses will be transmitted inaccordance with the following:(a)(b)Minutes of the meeting, including the text of the questions raised and the responses giventogether with any responses prepared after the meeting, will be transmitted without delay to allpurchasers of the tender documents. Any modification of the tender documents listed in –Clause 12 which may become necessary as a result of the pre-tender meeting shall be made bythe Employer exclusively through the issue of a tender notice pursuant to Clause 10 and notthrough the minutes of the pre-tender meeting.Non attendance at the pre-bid meeting will not be cause for disqualification of a bidder.Department of R&FM 10

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-201319 Format and Signing of Tenders19.1 The tenderer shall prepare his tender as outlined in clauses 8 and 12 above and mark appropriatelyone set “ORIGINAL” and the other “COPY”.19.2 The copy of the tender and Bills of Quantities shall be typed or written in indelible ink and shall besigned by a person or persons duly authorized to sign on behalf of the tenderer. All pages of thetender where amendments have been made shall be initialed by the person or persons signing thetender.19.3 The complete tender shall be without alterations, interlineations or erasures, except as necessary tocorrect errors made by the tenderer, in which case such corrections shall be initialed by the person ofpersons signing the tender.Department of R&FM 11

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013DSUBMISSION OF TENDERS20 Sealing and Marking of Tenders20.1 The tenderer shall seal the original and copy of the tender in separate envelopes, duly marking theenvelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer separateenvelope.20.2 The inner and outer envelopes shall be addressed to the Employer at the address stated in theAppendix to Instructions to Tenderers and bear the name and identification of the Contract stated inthe said Appendix with a warning not to open before the date and time for opening of tenders statedin the said Appendix.20.3 The inner envelopes shall each indicate the name and address of the tenderer to enable the tender tobe returned unopened in case it is declared “late”, while the outer envelope shall bear no markindicating the identity of the tenderer.20.4 If the outer envelope is not sealed and marked as instructed above, the Employer will assume noresponsibility for the misplacement or premature opening of the tender. A tender openedprematurely for this cause will be rejected by the Employer and returned to the tenderer.21 Deadline for Submission of Tenders21.1 Tenders must be received by the Employer at the address specified in clause 20.2 and on the date andtime specified in the Letter of Invitation, subject to the provisions of clause 21.2 and 21.3.Tendersdelivered by hand must be placed in the “tender box” provided in the office of the Employer.Proof ofposting will not be accepted as proof of delivery and any tender delivered after the above stipulatedtime, from whatever cause arising will not be considered.21.2 The Employer may, at his discretion, extend the deadline for the submission of tenders through theissue of an Addendum in accordance with clause 7, in which case all rights and obligations of theEmployer and the tenderers previously subject to the original deadline shall thereafter be subject tothe new deadline as extended.21.3 Any tender received by the Employer after the prescribed deadline for submission of tender will bereturned unopened to the tenderer.22 Modification and Withdrawal of Tenders22.1 The tenderer may modify or withdraw his tender after tender submission, provided that written noticeof the modification or withdrawal is received by the Employer prior to prescribed deadline forsubmission of tenders.22.2 The tenderer’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched inaccordance with the provisions for the submission of tenders, with the inner and outer envelopesadditionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.22.3 No tender may be modified subsequent to the deadline for submission of tenders.Department of R&FM 12

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-201322.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and theperiod of tender validity specified on the tender form. Withdrawal of a tender during this intervalwill result in the forfeiture of the Tender Surety.22.5 Subsequent to the expiration of the period of tender validity prescribed by the Employer, and thetenderer having not been notified by the Employer of the award of the Contract or the tenderer doesnot intend to conform with the request of the Employer to extend the period of tender validity, thetenderer may withdraw his tender without risk of forfeiture of the Tender Surety.ETENDER OPENING AND EVALUATION23 Tender Opening23.1 The Employer will open the tenders in the presence of the tenderers’ representatives who choose toattend at the time and location indicated in the Letter of Invitation to Tender. The tenderers’representatives who are present shall sign a register evidencing their attendance.23.2 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to clause 22, willnot be opened. The Employer will examine the tenders to determine whether they are complete,whether the requisite Tender Sureties have been furnished, whether the documents have beenproperly signed and whether the tenders are generally in order.23.3 At the tender opening, the Employer will announce the tenderer’s names, total tender price, tenderprice modifications and tender withdrawals, if any, the presence of the requisite Tender Surety andsuch other details as the Employer, at his discretion, may consider appropriate. No tender shall berejected at the tender opening except for late tenders.23.4 The Employer shall prepare minutes of the tender opening including the information disclosed tothose present.23.5 Tenders not opened and read out at the tender opening shall not be considered further for evaluation,irrespective of the circumstances.24 Process to be Confidential24.1 After the public opening of tenders, information relating to the examination, clarification, evaluationand comparisons of tenders and recommendations concerning the award of Contract shall not bedisclosed to tenderers or other persons not officially concerned with such process until the award ofContract is announced.24.2 Any effort by a tenderer to influence the Employer in the process of examination, evaluation andcomparison of tenders and decisions concerning award of Contract may result in the rejection of thetenderer’s tender.25 Clarification of Tenders25.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask tenderersindividually for clarification of their tenders, including breakdown of unit prices. The request forclarification and the response shall be in writing or by cable, facsimile or telex, but no change in theprice or substance of the tender shall be sought, offered or permitted except as required to confirmDepartment of R&FM 13

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013the correction of arithmetical errors discovered by the employer during the evaluation of the tendersin accordance with clause 27.25.2 No tenderer shall contact the Employer on any matter relating to his tender from the time of thetender opening to the time the Contract is awarded. If the tenderer wishes to bring additionalinformation to the notice of the Employer, he shall do so in writing.26 Determination of Responsiveness26.1 Prior to the detailed evaluation of tenders, the Employer will determine whether each tender issubstantially responsive to the requirements of the tender documents.26.2 For the purpose of this clause, a substantially responsive tender is one which conforms to all theterms, conditions and specifications of the tender documents without material deviation orreservation. A material deviation or reservation is one which affects in any substantial way thescope, quality, completion timing or administration of the Works to be undertaken by the tendererunder the Contract, or which limits in any substantial way, inconsistent with the tender documents,the Employer’s rights or the tenderers obligations under the Contract and the rectification of whichwould affect unfairly the competitive position of other tenderers who have presented substantiallyresponsive tenders.26.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate of the cost ofcompleting the works described under the particular item including allowance for overheads, profitsand the like. Should a tender be seriously unbalanced in relation to the Employer’s estimate of theworks to be performed under any item or groups of items, the tender shall be deemed not responsive.A tender ten percent below or ten percent above the employer’s estimate shall also be deemed as nonresponsive.26.4 A tender determined to be not substantially responsive will be rejected by the Employer and may notsubsequently be made responsive by the tenderer by correction of the non-conforming deviation orreservation.27 Correction of ErrorsTenders determined to be substantially responsive shall be checked by the Employer for anyarithmetic errors in the computations and summations. Errors will be corrected by the Employer asfollows:(a)(b)(c)Where there is a discrepancy between the amount in figures and the amount in words, theamount in words will govern.Where there is a discrepancy between the unit rate and the line item total resulting frommultiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in theopinion of the Employer, there is an obvious typographical error, in which case adjustmentwill be made to the entry containing that error.In the event of a discrepancy between the tender amount as stated in the Form of Tender andthe corrected tender figure in the main summary of the Bills of Quantities, the amount as statedin the Form of Tender shall prevail.Department of R&FM 14

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013(d)(e)(f)The Error Correction Factor shall be computed by expressing the difference between thetender amount and the corrected tender sum as a percentage of the corrected builder’s work(i.e. corrected tender sum less Prime Cost and Provisional Sums.The Error Correction Factor shall be applied to all builder’s work (as a rebate or addition as thecase may be) for the purposes of valuations for Interim Certificates and valuations ofvariations.The amount stated in the tender will be adjusted in accordance with the above procedure forthe correction of errors and, with concurrence of the tenderer, shall be considered as bindingupon the tenderer. If the tenderer does not accept the corrected amount, the tender may berejected and the Tender Security may be forfeited in accordance with clause 16.28 Conversion to Single Currency28.1 For compensation of tenders, the tender price shall first be broken down into the respective amountspayable in various currencies by using the selling rate or rates of the Central Bank of Kenya ruling onthe date twenty one (21) days before the final date for the submission of tenders.28.2 The Employer will convert the amounts in various currencies in which the tender is payable(excluding provisional sums but including Dayworks where priced competitively) to Kenya Shillingsat the selling rates stated in clause 28.1.29 Evaluation and Comparison of Tenders29.1 The Employer will evaluate only tenders determined to be substantially responsive to therequirements of the tender documents in accordance with clause 26.29.2 In evaluating tenders, the Employer will determine for each tender the evaluated tender price byadjusting the tender price as follows:(a) Making any correction for errors pursuant to clause 27.(b)Excluding Provisional Sums and provision, if any, for Contingencies in the Bills of Quantities,but including Day works where priced competitively.29.3 The Employer reserves the right to accept any variation, deviation or alternative offer. Variations,deviations, alternative offers and other factors which are in excess of the requirements of the tenderdocuments or otherwise result in the accrual of unsolicited benefits to the Employer, shall not betaken into account in tender evaluation.29.4 Price adjustment provisions in the Conditions of Contract applied over the period of execution of theContract shall not be taken into account in tender evaluation.29.5 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to the Employer’sestimate of the items of work to be performed under the Contract, the Employer may require thetenderer to produce detailed price analyses for any or all items of the Bills of Quantities, todemonstrate the relationship between those prices, proposed construction methods and schedules.After evaluation of the price analyses, the Employer may require that the amount of the PerformanceSecurity set forth in clause 29 be increased at the expense of the successful tenderer to a levelDepartment of R&FM 15

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013sufficient to protect the Employer against financial loss in the event of subsequent default of thesuccessful tenderer under the Contract.29.6 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share capital shallbe allowed a 10% preferential bias provided that they do not sub-contract work valued at more than50% of the Contract Price excluding provisional sums to a non-indigenous sub-contractor.29.7 Preference where allowed in the evaluation of tenders shall not exceed 15%29.8 The procuring entity may at any time terminate procurement proceedings before contract award andshall not be liable to any person for the termination.29.9 The procuring entity shall give prompt notice of the termination to the tenderers and on request giveits reasons for termination within 14 days of receiving the request from any tenderer.29.10 A tenderer who gives false information in the tender document about its qualification or who refusesto enter into a contract after notification of contract award shall be considered for debarment fromparticipating in future public procurement.Department of R&FM 16

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013FAWARD OF CONTRACT30 Award Criteria30.1 Subject to Sub-clause 30.2, the Employer will award the Contract to the tenderer whose tender isdetermined to be substantially responsive to the tender documents and who has offered the lowestevaluated tender price subject to possessing the capability and resources to effectively carry out theContract Works as required in Sub-clause 2.1 and 2.2 hereabove.30.2 The Employer reserves the right to accept or reject any tender, and to annual the tendering processand reject all tenders, at any time prior to award of Contract, without thereby incurring any liabilityto the affected tenderers or any obligation to inform the affected tenderers of the grounds for theEmployer’s action.31 Notification of Award31.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the Employer willnotify the successful tenderer by cable, telefax or telex and confirmed in writing by registered letterthat his tender has been accepted. This letter (hereinafter and in all Contract documents called“Letter of Acceptance”) shall name the sum (hereinafter and in all Contract documents called “theContract Price”) which the Employer will pay to the Contractor in consideration of the execution andcompletion of the Works as prescribed by the Contract.31.2 At the same time that the Employer notifies the successful tenderer that his tender has been accepted,the Employer shall notify the other tenderers that the tenders have been unsuccessful.31.3 Within twenty one[21] days of receipt of the Form of Contract Agreement from the Employer, thesuccessful tenderer shall sign the form and return it to the Employer together with the requiredPerformance Security.31.4 The parties to the contract shall have it signed within 30 days from the date of notification of contractaward unless there is an administrative review request.32 Performance Guarantee32.1 Within twenty one [21] days of receipt of the notification of award from the Employer, the successfultenderer shall furnish the Employer with a Performance Security in the amount stated in theAppendix to Instructions to Tenderers and in the format stipulated in the Conditions of Contract.The Performance Security to be provided by the successful tenderer shall be an unconditional BankGuarantee issued at the tenderer’s option by a reputable Bank approved by the Employer and locatedin the Republic of Kenya32.2 Failure of the successful tenderer to lodge the required Performance Security shall constitute a breachof Contract and sufficient grounds for the annulment of the award and forfeiture of the TenderSecurity and any other remedy under the Contract. The Employer may award the Contract to the nextranked tenderer.Department of R&FM 17

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-201333 Advance PaymentNo advance payment, shall be made under the Contract34 Corrupt or fraudulent practices34.1 The procuring entity requires that tenderers observe the highest standard of ethics during theprocurement process and execution of contracts. A tenderer shall sign a declaration that he has notand will not be involved in corrupt or fraudulent practices.Department of R&FM 18

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK02/2012-2013Tender No. KWS/OT/R&F/SECTION II: FORM OF BIDDepartment R&FM 18

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013FORM OF BID(NOTE: The Appendix to Form of Bid forms part of the Bid. Bidders are required to fill all the blankspaces in this Form of Bid and the Appendix to Form of Bid.)NAME OF CONTRACT: REHABILITAION OF TOURIST CIRCUIT ROADS AND AIRSTRIP INRUMA NATIONAL PARKTENDER NO.:TO:The Director,Kenya Wild ServiceP. O. Box 40241 - 00100,NAIROBI, KENYASir,1. Having examined the Conditions of Contract, Specifications, Bills of Quantities, and Drawingsfor the execution of the above-named works we, the undersigned, offer to construct and installsuch works and remedy any defects therein in conformity with the said Bills of Quantities,Conditions of Contract, Specifications and Drawings for the sum of(Insert amount in words)……………………………………………………………………………………………………………………………………………………………………………………………………(Insert amount infigures)………………………………………………………………………………………….as specified in the Appendix to Form of Bid or such other sums as may be ascertained inaccordance with the said Conditions.2. We undertake, if our bid is accepted, to commence the works within twenty-eight (28) days ofreceipt of the Engineer’s order to commence, and to complete and deliver the whole of the workscomprised in the contract within the time stated in the Appendix to Form of Bid.3. If our bid is accepted we will, when required, obtain the guarantee of a Bank or other sureties (tobe approved by you) to be jointly and severally bound with us in a sum not exceeding 5% of theabove named sum for the due performance of the contract under the terms of a Bond to beapproved by you.4. We agree to abide by this bid for the period of one hundred and twenty (120) days from the datefixed for receiving the same and it shall remain binding upon us and may be accepted at any timebefore the expiration of that period.5. We understand that you are not bound to accept the lowest or any bid you may receive.Department R&FM 19

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-20136. On the basis of our previous experience we are fully experienced and competent in the type ofwork included in this BID and we have adequate financial resources to carry out the worksdescribed within the period for completion. We are in a position to fulfil the contract for whichwe have Bided.Dated this ………………………….. Day of ……………………… 20 …………………………..…..Signature……………………………in the capacity of …………………………...…….(Designation)Duly authorized to sign bids on behalf of ……………………………………….……………………..……………………………………………………………..……………………… (Name of Bidder)Address and official stamp of Bidder:………………………….…………………………………..………………………….Name of Witness:………………………………………………………………………Signature of Witness:………………………..…………………………………………Address of Witness:…………………………………………………………………….Occupation of Witness:…………………….…………………………………………..Department R&FM 20

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013SECTION III: APPENDIX TO FORM OF BIDDepartment R&FM 21

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013APPENDIX TO FORM OF BID(This appendix forms part of the bid)CONDITIONS OF CONTRACT CLAUSE AMOUNTBid Security (Bank Guarantee Only) Kshs 500,000Amount of Performance Security(Unconditional Bank Guarantee)10.1 5 per cent of BID Sum in the form ofUnconditional Bank Guarantee or cashretentions (Insurance bonds shall not beaccepted)Program to be submitted 14.1 Not later than 21 (twenty one) days afterissuance of Order to CommenceCash flow estimate to be submitted 14.3 Not later than 21 (twenty one) days afterissuance of Order to CommenceMinimum amount of Third Party Insurance 23.2 Kshs. 5,000,000.00Period for commencement, from Engineer’s 41.1 28 daysorder to commenceTime for completion 43.1 12 (Twelve) monthsAmount of liquidated damages 47.1 KShs. 10,000.00 per dayLimit of liquidated damages 47.1 10% of Contract SumDefects Liability period 49.1 3 (Three) monthsPercentage of Retention 60.3 5% of Interim Payment CertificateLimit of Retention Money 60. 3 Contract SumMinimum amount of interim payment 60.2 7.5% of contract sumcertificatesTime within which payment to be made after 60.10 90 daysInterim Payment Certificate signed byEngineerTime within which payment to be made after 60.10 90 daysFinal Payment Certificate signed by EngineerAmount of Advance 60.12 No advance payment will be made.Advance Payment Security 60.12 Full amount of the advance in the form ofUnconditional Bank Guarantee (Insurancebonds shall not be accepted)Appointer of Arbitrator/Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya)Notice to Employer and Engineer 68.2 The Employers address is:The DirectorKenya Wildlife ServiceP. O. Box 40214 – 00100,NAIROBIThe Engineer’s address is:The Head of Roads and Fleet ManagementDepartmentKenya WildlifeP. O. Box 40214 – 00100,NAIROBIDepartment R&FM 22

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013SECTION IV: FORM OF BID SECURITY.Department R&FM 23

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013BID BANK GUARANTEEFORM OF BID SECURITYNote: The bidder shall complete only this form of Bank guarantee. No other Form of Bid Bond or anyother forms of security will be accepted. Bidders who fail to comply with this requirement will bedisqualified.WHEREAS [Name of bidder].…………………………………………………………………………………………………...........….......…………………………………………………………………………………………………….….........…(hereinafter called “the Bidder”) has submitted his bid dated ……………………..…….…….............……for the REHABILITAION OF TOURIST CIRCUIT ROADS AND AIRSTRIP IN RUMANATIONAL PARK, hereinafter called “The Bid”KNOW ALL MEN by these presents that we [Name of Bank]……………………………………………………………………………………………..............................………………………………………………………………………………………………………..………of [Name of Country] ………………………………………having our registered offices at………………………………… … (hereinafter called “the Bank”) are bound unto the Kenya WildlifeService (hereinafter called “the Employer”) in the sum of (in words) Kshs:………………………………………………………………………………………..........…………………………………………………………………………………………………………............…..……………(In figures) Kshs………………………………………………………………………............................…...for which payment will be well and truly made to the said Employer the Bank binds itself, its successorsand assigns by these presents.THE CONDITIONS of this obligation are:1. If the bidder withdraws his Bid during the period of bid validity specified by the Bidder on theBid Form; or2. If the Bidder refuses to accept the correction of errors in his bid; or3. If the Bidder having been notified of the acceptance of his bid by the Employer during the periodof Bid ValidityDepartment R&FM 24

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013(i)(ii)fails or refuses to execute the Form of Agreement in accordance with the Instructions toBidders when required orfails or refuses to furnish the Performance Security, in accordance with the Instructions toBidders.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 willnote that the amount claimed by him is due to him owing to the occurrence of any of the aboveconditions, specifying the occurred condition or conditions.This guarantee will remain in force up to and including twenty-eight (28) days after the date of expirationof the bid validity, as stated in the Instructions to Bidders.At the request of the Employer the Bid validity period may be extended by mutual agreement between theEmployer and the Bidder and we undertake to extend the validity of this surety accordingly without youhaving to inform us of such an extension of the Bid validity period if within this period the Bidder hasbeen notified of the acceptance of his Bid. This Surety shall remain valid up to the time the ContractAgreement has been executed.SEALED with the common seal of the Bank this ……………day of ……………….20…………….AUTHORIZED SIGNATURE OF THE BANK………………………………………………………..........DATE …………………………NAME OF SIGNATORY…………………………………………………………………………………………………TITLE OF SIGNATORY …………………………………………………………………….NAME OF THE WITNESS …………………………………………………………………..SIGNATURE OF THE WITNESS ……………………………… DATE ………………….ADDRESS OF THE WITNESS ……………………………………………………………...Department R&FM 25

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013SECTION V:QUALIFICATION AND TECHNICAL EVALUATIONCRITERIADepartment R&FM 26

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/ 02/2012-2013SECTION V-(A):QUALIFICATION CRITERIAThis Section contains all the factors, methods and criteria that the Employer shall use to technicallyevaluate the applications. The information to be provided in relation to each factor and the definitions ofthe corresponding terms are included in the respective Application Forms.Department R&FM 27

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityAll PartiesCombinedJoint VentureEach PartyOne PartySubmission Requirements1. Eligibility1.1 EligibilityNationality in accordance with inITT sub-Clause 4.1.Must meet requirement N / A N / A N / A Section VII, Schedule 11.2 Conflict of InterestNo conflicts of interest in ITT sub-Clause 4.2.Must meet requirement N / A N / A N / A Section VII, Schedule 11.3 Employer Ineligibility1.4Incorporation &RegistrationNot having been declared ineligibleby the Employer, as described inSub-Clause 4.3.Pursuant to sub clause 4.1 thefollowing shall be provided;- Certified Copy of Certificate ofincorporation to show that theapplicant is a registered companyand legally authorised to dobusiness in Kenya- Proof of registration with theMinistry of Roads and PublicWorks in Class D as a UnpavedRoads ContractorValid Tax Compliant CertificateMust meet requirement N / A N / A N / A Section VII, Schedule 1Must meet requirement N/A N/A N/A Section VII, Schedule 1Department of R&FM 28

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityAll PartiesCombinedJoint VentureEach PartyOne PartySubmission Requirements2. Historical Contract Non-Performance2.1History of Non-Performing ContractsNon performance of a contract didnot occur within the last five (5)years prior to the deadline forapplication submission based on allinformation on fully settleddisputes or litigation. A fullysettled dispute or litigation is onethat has been resolved inaccordance with the DisputeResolution Mechanism under therespective contract, and where allappeal instances available to theapplicant have been exhausted.Must meet requirement byitself or as party to past orexisting JVN / A N / A N / A Section VII, Schedule 92.2 Pending LitigationAll pending litigation shall in totalnot represent more than fiftypercent (50%)] of the Applicant'snet worth and shall be treated asresolved against the Applicant.Must meet requirement byitself or as party to past orexisting JVN / A N / A N / ASection VII, Schedule 93. Financial Situation3.1 Financial PerformanceSubmission of audited balancesheets or if not required by the lawof the applicant's country, otherfinancial statements acceptable tothe Employer, for the last five [5]years to demonstrate:(a) the current soundness of theapplicants financial position and itsprospective long term profitability,and(b) capacity to have a cash flowamount of min KShs 150 Millionequivalent working capitalMust meet requirement(a) Must meet requirement(b) Must meetrequirementN / A N / A N / A Section VII, Schedule 8Department of R&FM 29

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityAll PartiesCombinedJoint VentureEach PartyOne PartySubmission Requirements3.2MinimumConstructionTurnoverMinimum construction turnover ofKShs. 250 Million], calculated astotal certified payments received forcontracts in progress or completed,within the last three [(3)] yearsMust meet requirement N / A N / A N / A Section VII, Schedule 84. Experience4.1General ConstructionExperienceExperience under constructioncontracts in the role of contractor,subcontractor, or managementcontractor for at least the last Three[3] years prior to the applicationssubmission deadlineMust meet requirement N / A N / A N / A Section VII, Schedule 64.2(a)Specific ConstructionExperienceParticipation as contractor,management contractor orsubcontractor, in at least two (2)contracts within the last Three (3)years, each with a value of at leastKShs. 50 Million, that have beensuccessfully and substantiallycompleted and that are similar tothe proposed works. The similarityshall be based on the physical size,complexity, methods/technology orother characteristics as described inSection XI of the bid documentMust meet requirement N / A N / A N / A Section VII, Schedule 6Department of R&FM 30

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single Entity4.2(b)4.3Specific ConstructionExperienceWork ExecutionProgrammeb) For the above or other contractsexecuted during the periodstipulated in 4.2(a) above, aminimum construction experiencein at least one (1) of:- Rehabilitation of gravel Roads.- Construction of cross drainagestructures Repair &rehabilitation of bitumen roads.- New Construction to bitumenstandards.Submission of a brief workexecution proposal in accordancewith ITT clause 5.1All PartiesCombinedJoint VentureEach PartyOne PartySubmission RequirementsMust meet requirements N / A N / A N / A Section VII, Schedule 6Should demonstrateunderstanding of thescope of works and othergeneral requirementsN / A N / A N / A Section VII, Schedule 105. Current Commitments5.1 On-going contractsThe total value of outstandingworks on the on-going contractsmust not exceed KShs. 50% of theWorking CapitalMust meet requirements N / A N / A N / A Section VII, Schedule 7Department of R&FM 31

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityAll PartiesCombinedJoint VentureEach PartyOne PartySubmissionRequirements6. Site StaffSite AgentThe site staff shall possesminimum levels set below;Qualification = H.N.D. CivilEngGeneral Experience = 7 yrsSpecific Experience = 5 YrsSite Surveyor2No.Supervisora) Earthworks/DrainageStructuresb) Bituminous worksQualification = OdinaryDip.SurveyGeneral Experience = 7 yrsSpecific Experience = 5 YrsQualification = Dip. Civil EngGeneral Experience = 5 yrsSpecific Experience = 3 YrsMust meet requirements N/A N/A N/A Section VII, Schedule 5Department of R&FM 32

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification CriteriaNo. Subject Requirement Single EntityCompliance RequirementsAllPartiesCombinedJoint VentureEachPartyOnePartyDocumentationSubmissionRequirements7. Equipment: Major Items of Plant to Be Used On the Proposed ContractThe Bidder must indicate the core plant and equipment considered by the company to be necessary for undertaking the project together with proof of ownership. (* Mandatory minimumnumber of equipment required by the Employer for the execution of the project that the bidder must make available for the Contract).Minimum Number No of No. of equipment No. of equipment toRequired for the Equipment tobe be made availableContractOwned by hired/purchased by for the Contract byExecution the Bidder the Bidder the BidderMust meetrequirements N/A N/A N/ASection VII,Schedule 4a) Mobile CompressorsMedium rock drill (1.5 m3/min)b) Concrete EquipmentMobile concrete mixersConcrete vibrators123c) Transport (Tippers, dumpers,water tankers)6X4 tippers payload 16 – 20 tonnesFlat bed lorriesWater tankers (18,000 – 20,000 lts)411d) Bituminous PlantsBitumen Pressure distributorAsphalt concrete paver11Department of R&FM 33

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK Tender No. KWS/OT/R&F/02/2012-2013Qualification CriteriaNo. Subject RequirementSingleEntityCompliance RequirementsJoint VentureAll Parties EachCombined PartyOnePartyDocumentationSubmissionRequirements7. Equipment: Major Items of Plant to Be Used On the Proposed ContractThe Bidder must indicate the core plant and equipment considered by the company to be necessary for undertaking the project together with proof of ownership. (* Mandatory minimumnumber of equipment required by the Employer for the execution of the project that the bidder must make available for the Contract).Minimum Number No of No. of equipment No. of equipment to Must meetRequired for the Equipment tobe be made available requirementsContractOwned by hired/purchased for the Contract byExecution the Bidder by the Bidder the Biddere) Earth – Moving EquipmentMust meetrequirementsN/A N/A Section VII,Schedule 4Tractor dozers with dozer attachment(D6-D9 equivalent)Tractor/Wheel loadersMotor graders (93 - 205kW)122f) ExcavatorsHydraulic crawler mounted (7 – 10tonnes) – 0.25 – 0.4 m3 SAE bucket.1g) RollersSelf propelled single drum vibrating(various types)Pneumatic rubber tyre (1-2tonnes/wheel)21We hereby certify that notwithstanding the list of plant detailed above, we will provide sufficient, suitable and adequate plant in good working order for thesuccessful completion of works as specified under the contract.(Signature of Contractor) ………………………………… (Date)……………………………….Department of R&FM 34

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK....Tender No. KWS/OT/R&F/02./2012-2013QUALIFICATION CHECKLIST FOR COMPLETENESS AND RESPONSIVENESSS/No. Completeness andReferencesRequiredresponsiveness criteria1 Form of Bid Section II Amount must be indicated, Properlyfill and sign2 Appendix to Form of Bid Section III Form properly sign3 Bid Security Section IV, ITT clause16.Unconditional guarantee, in the formatand conditions providedMust be valid for 150daysCopy of National ID or passport for all4 Eligibility Section I, clause 4, anddirectors5 Confidential BusinessProperly fill and sign and Provide allSection VII, Schedule 1Questionnaireinformation requested6 Conflict of Interest Section VII, Schedule 1 State explicitly7 Tax Compliance Certificate Section 1, clause 5.18 Registration with Ministry ofRoadsSection 1, clause 5.1Certified copies by commissioner ofOaths, Valid as at the date of TenderopeningClass D and above, Certified copies bycommissioner of Oaths9 Certificate of Incorporation Section 1, clause 5.1 Copy of Certificate certified by thecommissioner of oaths10 Form of Power of Attorney Section VII, Schedule 2 Properly fill and sign11 Certificate of Tenderer sitevisitSection VII, Schedule 3Attendance of pre-bid site visit,Certificate must be signed by theemployers representativeFill properly in the format given andsign12 Schedule of Major Items of Section VII, Schedule 4Plant13 Schedule of Key Personnel Section VII, Schedule 5 Fill properly in the format given andsign14 Road Works Completed Section VII, Schedule 6 Fill properly in the format given andSatisfactorilysign15 Schedule of ongoing Works Section VII, Schedule 7 Fill properly in the format given andsign16Schedule of otherFill properly in the format given andSection VII, Schedule 8,supplementary, informationsign9/Financial standings17 Pending Litigation QC item No.2.1 Fill properly in the format given andsign also attach sworn affidavit18 Litigation History QC item No.2.1Fill properly in the format given andsign also attach sworn affidavit19 History of None performance QC item No.2.1Fill properly in the format given andsign also attach sworn affidavit20 Work Execution ProgrammeSection VII, Schedule 10 Must be provided in the format given,& Table 5.3brief and to the point21 Priced Bill of QuantitiesSection I, clause 13.1 &13.2Fill all rates, prices and amounts22 Preparation of the Tenders Clause 12.2 of the ITTThe Forms, BOQ and Schedulesprovided in the tender documents to beproperly filled without exceptionDepartment R&FM 35

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK....Tender No. KWS/OT/R&F/02./2012-2013SECTION V-(B):TECHNICAL EVALUATION CRITERIAThis Section shall apply to tenderer whose bids have been determined to be responsive and have metall the Qualification Criteria as per the instruction to bidders.It contains all the factors, methods and criteria that the Procurement Entity shall use for the technicalevaluation. The information to be provided in relation to each factor and the definitions of thecorresponding terms are included in the respective supplementary information Forms (Schedules).The Technical Evaluation Committee shall examine tender documents and score them based on theirvalidity, accuracy and quality and score them as per Table 5.2 and 5.3 below. Where the bidder fails tomeet the requirement, the bidder shall be disqualified.Bidders whose shall score 85% and above shall proceed to financial evaluation stageTABLE 5.3 CONTRACTORS CAPABILITY TO SUPERVISE AND PERFORM THE WORKSQualification CriteriaComplianceSubmission RequirementandItem No. SubjectDocumentationContractors Capability to supervise and perform the work7Equipmentholding6 Key Personnel4.1,4.2 &5.123Past relevantwork ExperienceContractualmisconducts andlitigationFinancialCapabilityBidder to submit the following in accordancewith Clause 5.1 (c) of ITT and section VII;- Ownership list of required equipmentand/or Authorization letter of hiring fromM&T or reputable hiring companyProvide List of professional and technical staffand their resume in accordance with Clause 5.1(b) of ITT and Section VII- General Experience (CV),- Certified Qualification Certificate,Bidder to submit the following in accordancewith Clause 5.1 (a) of ITT and Section VII- Completion certificate, Taking OverCertificate or Substantial CompletionCertificate of relevant work in theprevious 3 years- Value of ongoing wor must be < 50% ofWorking CapitalRecord of contractual misconduct in theprevious 3 years Clause 5.1 (f) of ITT andSection VII- Record of litigation in the previous 3 years.Attach affidavitBidder to submit the following in accordancewith Clause 5.1 (d) of ITT section VII- Certified audited accounts for the lastThree [3] years- Cash flow Statement (Banks statement)- Line of Credit current the last one month- Current financial soundnessSection VII,Schedule 4Section VII,Schedule 5Section VII,Schedule 6 and7Section VII,Schedule 9 (4)Section VII,Schedule 8Score201515515Sub Total Score 70Department R&FM 36

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPK....Tender No. KWS/OT/R&F/02./2012-2013TABLE 5.4: CONTRACTORS TECHINICAL PROPOSAL AND WORKS EXECUTIONPROGRAMMEQualification CriteriaItem No. SubjectSubmission RequirementComplianceRequirementScoreTechnical Proposal and comments4.34.34.34.34.3MobilizationManagementplanQuality andQuantityManagementWorkingScheduleProjectedflow.andCashWork safetymanagementEnvironmentaland socialmanagementBidder to submit the following Proposalsin accordance with Clause 5.1 (e) of ITTsection VIIi) Site lay plan out and materialmobilizationii) - Site Organization Chartiii) Equipment management planiv) Personnel mobilizationBidder to submit the following Proposalsin accordance with Clause 5.1 (e) of ITTsection VII- Methodology- Proposals on material testing- Proposal on measurements- Photograph planBidder to submit the following Proposalsin accordance with Clause 5.1 (e) of ITTsection VII1. Signed work programme chart2. Signed Cash flow plan during thecontract period.Bidder to submit the following Proposalsin accordance with Clause 5.1 (e) of ITTsection VIIthe following shall be provided;- Proposals on traffic control- workers safety &- accident preventionBidder to submit the following Proposalsin accordance with Clause 5.1 (e) of ITTsection VII;- Proposal on environmental and socialmitigation measuresSection VII,Schedule 10Section VII,Schedule 10Section VII,Schedule 10Section VII,Schedule 10Section VII,Schedule 10610Sub Total Score 30455GRANT TOTAL TECHNICAL SCORE 100Department R&FM 37

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SECTION VI: CONDITIONS OF CONTRACTDepartment R&FM 38

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014PART I - GENERAL CONDITIONS OF CONTRACTThe conditions of Contract, Part I - General Conditions, shall be those forming Part I of the Conditions ofContract for Works of Civil Engineering Construction, Fourth Edition 1987, reprinted in 1992 withfurther amendments, prepared by Federation Internationale des Ingenieurs-Conseils (FIDIC).NOTE:(i)The Contractor, through the Association of Consulting Engineers of Kenya (ACEK), shall bedeemed to have procured a copy for his own use from: -FIDIC SecretariateP.O. Box 861000 Lausanne 12SwitzerlandFax: 41 21 653 5432Telephone: 41 21 653 5003(ii)(iii)These Conditions are subject to the variations set out in Part II hereof entitled "Conditions ofParticular Application".The Conditions of Particular Application take precedence over the General Conditions ofContract.Department R&FM 39

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SECTION VI-(B): CONDITIONS OF CONTRACT PART II: (CONDITIONSOF PARTICULAR APPLICATION)The following Conditions of Particular Application shall supplement the General Conditions of Contract.Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions ofContract. The Particular Condition is preceded by the corresponding clause number of the GeneralConditions to which it relates.Department R&FM 40

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Part II - Conditions of Particular ApplicationSub-Clause 1.1: definitionsAmend this subclause as follows:(a) (i) The Employer is the party stipulated in the Appendix to Bid.(a) (iv) The Engineer is the party stipulated in the Appendix to BidAmend subpara. (a) (iv) also by adding the following words after the word "Conditions":"or any other competent person appointed by the Employer, and notified to the Contractor, to act inreplacement of the Engineer".Amend part(b) of sub-clause 1.1 as follows:(b) (i) Insert in line 2 after "the Bills of Quantities", the following, "the rates entered by theContractor (whether or not such rate be employed in computation of the contract price),"Amend subpara. (b) (v) of Sub-Clause 1.1 by adding the following words at the end:The word `tender' is synonymous with `bid' and the word `Appendix to Tender' with `Appendix to Bid'and the word `tender documents' with `bidding documents'.Add the following at the end of this sub-clause:(h) (i) "Materials" means materials and other things intended to form or forming part of thePermanent Works.Sub-Clause 5.1 Language and Law(a)(b)The language is stipulated in the Appendix to Bid. Communication between the contractor andthe Engineer's Representative shall be in this given language.The law is that in force in the country stipulated in the Appendix to Bid.Sub-Clause : 5.2 Priority of Contract DocumentsDelete the documents listed 1-6 and substitute:(1) the Contract Agreement (if completed);(2) the Letter of Acceptance;(3) the Bid and the Appendix to Bid;(4) the Conditions of Contract part II;(5) the Conditions of Contract part I;(6) the Special Specifications;(7) the Standard Specifications for Road and Bridge Construction, 1986;(8) the Drawings;(9) the priced Bill of Quantities; andDepartment R&FM 41

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014(10) other documents as listed in the Appendix to Bid.Sub-clause 10.1 : Performance SecurityReplace the text of Subclause 10.1 with the following:"The contractor Shall provide security for his proper Performance of the contract Within 28 days after thereceipt of the Letter of Acceptance. The Performance Security shall be in the form of a bank guarantee,and shall be issued by a bank located in the country of the Employer or a foreign bank through acorrespondent bank located in the country of the Employer, as stipulated by the Employer in theAppendix to Bid. The Contractor shall notify the Engineer when providing the Performance security tothe Employer."Without limitation to the provisions of the preceding paragraph, whenever the Engineer determines anaddition to the Contract price as a result of a change in cost and/or legislation or as result of a variationamounting to more than 20 percent of the Contract price, the Contractor, at the Engineer's written request,shall promptly increase the value of the performance security in that currency by an equal percentage. ThePerformance security of a joint venture shall be in the name of the joint venture.Sub-Clause 10.2 : Validity of the Performance SecurityThe performance security shall be valid until a date 28 days from the date of issue of the Taking-OverCertificate in the case of a bank guarantee, and one year from such date of issue in the case of aperformance bond. The security shall be returned to the Contractor within 14 days of expiration.Sub-clause 10.3 : Claims Under Performance SecurityDelete the entire sub-clause 10.3.Sub-Clause 10.4 Cost of Performance SecurityThe cost of complying with the requirements of this clause shall be borne by the Contractor.Sub-clause 11.1 : Inspection of SiteIn paragraph 2 last line after "affect his Tender" add"and the Contractor shall be deemed to have based his Tender on all the aforementioned."Delete the last Paragraph completely and replace with the following:The Employer in no way guarantees the completeness nor the accuracy of the soil, materials, subsurfaceand hydrological information if made available to the Contractor at the time of tendering or at any othertime during the period of contract, and the Contractor shall be responsible for ascertaining for himself allinformation as aforesaid for the execution of the works and his Tender shall be deemed to have beenpriced accordingly.Add new Sub-Clause 11.2:Department R&FM 42

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Sub-Clause 11.2 : Access to Data"Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include datalisted elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.Sub-Clause 14.1 : Program to be SubmittedThe time within which the program shall be submitted shall be the number of days stipulated in theAppendix to Bid.This detailed Work Execution Programme(WEP) shall be based upon the programme submitted by theContractor as part of his tender and shall, in no material manner, deviate from the said programme.The work schedule shall be in the form of a Critical Path Method Network (CPM Network) or any othermethod approved showing the order of procedure and a description of the construction methods andarrangements by which he proposes to carry out the works. The Work Execution Programme shall be coordinatedwith climatic and other conditions to provide for the completion of the Works in the order andby the time specified. The programme shall be revised as may be instructed by the Engineer and shouldinclude a chart of the principal quantities of work forecast for execution monthly.The Contractor shall submit to the Engineer not later than 30 days from the date of award of the contract ageneral description of his proposed arrangements and methods for the execution of the Works, includingtemporary offices, buildings, access roads, construction plant and its intended production output, workingshift arrangements, labour strength, skilled and unskilled, and supervision arrangements, power supplyarrangements, supply of materials including a materials utilisation programme, stone crushing, aggregateproduction and storage, cement handling, concrete mixing and handling, methods of excavation, dealingwith water, testing methods and facilities.During the execution of the works, the Contractor shall submit to the Engineer full and detailedparticulars of any proposed amendments to the arrangements and methods submitted in accordance withthe foregoing.If details of the Contractor's proposals for Temporary Works are required by the Engineer for his owninformation the Contractor shall submit such details within seven days of being requested to do so.The various operations pertaining to the works shall be carried out in such a progressive sequence as willachieve a continuous and consecutive output of fully completed Works inclusive of all bridge works andculverts within the time limits specified in the Contract. Generally the Contractor shall start at one end ofthe road and progress continuously towards the other without leaving any isolated section or sections ofuncompleted Works provided always that the site of the works has been acquired in its entirely and theencumbrances and services thereon removed.The Contractor shall allow in his programme for the following public holidays per calendar year in theEmployer's country upon which the contractor shall not be permitted to work: -New Year's Day (1st January)Good FridayEaster MondayLabour Day (Ist May)Department R&FM 43

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Madaraka Day (1st June)Idd-Ul-FitrMashujaa Day (20th October)Jamhuri Day (12th December)Christmas Day (25th December)Boxing Day (26th December)The Contractor be deemed to have also allowed for a further 2 unspecified public holidays (per calendaryear) which may be announced by the Government of the Employer with no prior notification, and uponwhich he shall not be permitted to work.Sub-Clause 14.2: Revised ProgrammeAdd the following second paragraph at to the end of the first paragraph of Sub-Clause 14.2:"The Employer shall have the right to withhold payment at any time whenever the Contractor fails, owingto his omission or negligence, to submit the revised Work Execution Programmes as instructed".Sub-Clause 14.3 : Cash Flow Estimate to be SubmittedThe time within which the detailed cash flow estimate shall be submitted shall be the number of daysspecified in the Appendix to Bid.Sub-Clause 15.1 : Contractor's SuperintendenceAdd the following at the end of the first paragraph of subclause 15.1:The contractor shall, within seven (7) days of receipt of the Engineer's Order to commence the Works,inform the Engineer in writing, the name of the contractor's Representative and the anticipated date of hisarrival on site.Add the following Sub-Clause 15.2Sub-Clause 15.2 : Language AbilityThe Contractor's Agent or Representative on the site shall be able to read, write and speak the Languagestipulated in the Appendix to Bid fluently.Sub-clause 16.2 : Engineer at Liberty to ObjectAt the end of this Clause add"by a competent substitute approved by the Engineer and at the contractor's own expense".Add the following Sub-Clauses 16.3 and 16.4.Department R&FM 44

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Sub-Clause 16.3 : Language Ability of Superintending Staff(a)(b)"A reasonable proportion of the Contractor's superintending staff shall have a working knowledgeof the language specified in the Appendix to Bid or the Contractor shall have available on site at alltimes a sufficient number of competent Interpreters to ensure the proper transmission ofinstructions and information"Qualifications as above shall be subject to verification and approval on site by the Engineer or hisrepresentative on site before commencement of the said works.Sub-Cause 16.4: Employment of Local Personnel"The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour withappropriate qualifications and experience from sources within and near the Site "Sub-Clause 19.1 : Safety, Security, and Protection of the EnvironmentAdd subpara.(d) of Sub-Clause 19.1 as follows:Notwithstanding the Contractor's obligation under subparas. (a), (b), and (c) of Sub-Clause 19.1 of theConditions of Contract, the Contractor shall further observe, without limitation, the following measureswith a view to reducing or eliminating adverse environmental effects from the Works:(i)(ii)iii)(iv)(v)Any quarries and borrow pits shall be filled and landscaped to their original state afterextraction of construction material.Soil erosion due to the surface runoff or water from culverts or other drainage structures shouldbe avoided by putting in place proper erosion control measures that shall include, but notlimited to, grassing and planting of trees.Long traffic diversion roads shall be avoided so as to minimise the effect of dust on thesurrounding environment.Spillage of oil, fuel, and lubricants shall be avoided. And if spilt it shall be collected anddisposed of in such a way as not to adversely affect the natural environment.Other environmental damage mitigation measures as may be instructed by Engineer from timeto timeSub-Clause 20.4 : Employer's RisksAmend Sub-Clause 20.4 to read as follows:The Employer's risks are:(a)Insofar as they directly affect the execution of the permanent Works are to be executed:(i) war and hostilities (whether war be declared or not), invasion, act of foreign enemies.(ii) rebellion, revolution, insurrection, or military or usurped power, or civil war;(iii) riot, commotion or disorder, unless solely restricted to the employees of the Contractor or ofhis Subcontractors and arising from the conduct of the Works;Department R&FM 45

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014(b)(c)(d)loss or damage due to the use or occupation by the Employer of any Section or part of thePermanent Works, except as may be provided for in the Contract.loss or damage to the extent that it is due to the design of the Works, other than any part of thedesign provided by the Contractor or for which the Contractor is responsible; andany operation of the forces of nature (insofar as it occurs on the site) which an experiencedcontractor:(i) could not have reasonably foreseen, or(ii) could reasonably have foreseen, but against which he could not reasonably have taken at leastone of the following measures:(A)(B)prevent loss or damage to physical property from occurring by taking appropriatemeasures, orinsure against such loss or damageSub-Clause 21.1 : Insurance of Works and Contractor's EquipmentAdd the following words at the end of subparas (a) and immediately before the last word of subpara.(b) ofSub-Clause 21.1:"it being understood that such insurance shall provide for compensation to be payable in the types andproportions of currencies required to rectify the loss or damage incurred"Delete the first sentence of this Clause and replace with the following:"Prior to commencement of the Works the Contractor shall, without limiting his or the Employer'sobligations and responsibilities under Clause 20, insure to the satisfaction of the Employer:"Sub-Clause 21.2 : Scope of coverAmend subpara. (a) of Sub-Clause 21.2 as follows:-Delete words "from the start of work at the Site" and by substituting therefor the words "from the firstworking day after the commencement Date"Add the following as Sub-Clause (c) under Sub-Clause 21.2(c)It shall be the responsibility of the Contractor to notify the insurance company of any change in thenature and extent of the Works and to ensure the adequacy of the insurance coverage at all timesduring the period of the Contract.Sub-Clause 21.4 : ExclusionsAmend Sub-Clause 21.4 to read as follows:"There shall be no obligation for the insurances in Sub-Clause 21.1 to include loss or damage caused bythe risks listed under Sub-Clause 20.4 subparas. (a) (i) to (iv) of the Conditions of Particular Application"Sub-Clause 23.2 : Minimum Amount of InsuranceDepartment R&FM 46

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Add the following at the end of this Clause:-"... with no limits to the number of occurrences"Sub-clause 25.1 : Evidence and Terms of InsurancesAmend Sub-Clause 25.1 as follows:-Insert the words "as soon as practicable after the respective insurances have been taken out but in anycase" before the words "prior to the start of work at the Site".Add the following Sub-Clauses 25.5, 25.6, and 25.7Sub-Clause 25.5 : Source of Insurance" The Contractor shall be entitled to place all insurance relating to the Contract (including, but not limitedto, the insurance referred to in Clause 21, 23, and 24) only with the insurers which have been determinedto be acceptable to the Employer."Sub-Clause 25.6 : Insurance NoticesEach policy of insurance effected by the Contractor for purpose of the Contract shall include a provisionto the effect that the Insurer shall have a duty to give notice in writing to the Contractor and Employer ofthe date when a premium becomes payable not more than thirty (30) days before that date and the policyshall remain in force until thirty (30) days after the giving of such notice.Sub-Clause 25.7 : Notification to InsurersIt shall be the responsibility of the Contractor to notify the insurers under any of the insurances referred toin the preceding clauses 21, 23 and 24 on any matter or event which by the terms of such insurances arerequired to be so notified and the Contractor shall indemnify and keep indemnified the Employer againstall losses, claims, demands, proceedings, costs, charges and expenses whatsoever arising out of or inconsequence of any default by the contractor in complying with the requirements of this sub-clausewhether as a result of avoidance of such insurance or otherwise.Sub-Clause 26.2: Inspection and Audit by the EmployerAdd this new Sub-Clause as follows:The Contractor shall permit the Employer to inspect the Contractor's accounts and any other recordsrelating to the performance of the Contract and to have them audited by auditors appointed by theEmployer, if the Employer so requires."Sub-Clause 28.2 : RoyaltiesAdd at the end of this sub-clause the following sentence:The contractor shall also be liable for all payments or compensation if any, levied in connection with thedumping of part or all of any such material.Department R&FM 47

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Sub-clause 29.1 : Interference with Traffic and Adjoining PropertiesAdd the following sentence at the end of sub-clause 29.1:-The contractor will be permitted to use existing public roads for access to the site. The contractor shallpay vehicle licence tax and road maintenance duty in accordance with the relevant regulations, and shallobtain any necessary permits or licences from relevant authorities for transporting his equipment.Add the following sub-clause 29.2:-Sub-Clause 29.2 : Reinstatement and Compensation for Damages to Persons or Property.The Contractor shall reinstate all properties whether public or private which are damaged in consequenceof the construction and maintenance of the works to a condition as specified and at least equal to thatprevailing before his first entry on them.If in the opinion of the Engineer the Contractor shall have failed to take reasonable and prompt action todischarge his obligations in the matter of reinstatement the Engineer will inform the contractor in writingof his opinion, in which circumstances the Employer reserves the right to employ others to do thenecessary work of reinstatement and to deduct the cost thereof from any money due or which shallbecome due to the Contractor.The Contractor shall refer to the Employer without delay all claims which may be considered to fallwithin the provisions of Clause 22.1.Add the following sub-clauses 34.2 to 34.8:Sub-Clause 34.2 : Conditions of Employment of LabourThe Contractor shall be responsible for making all arrangements for and shall bear all costs relating torecruitment, obtaining of all necessary visas, permits or other official permission for movements of staffand labour.Sub-Clause 34.3 : Fair WagesThe Contractor shall, in respect of all persons employed anywhere by him in the execution of theContract, and further in respect of all persons employed by him otherwise than in the execution of theContract in every factory, workshop or place occupied or used by him for the execution of the Contract,observe and fulfil the following conditions:a) The Contractor shall pay rates of wages, observe hours of labour and provide conditions, housingamenities and facilities not less favourable than those required by the Regulation of Wages(General)(Amendment) Order, 2006, and subsequent amendments thereto, or in any Ministry ofLabour and Human Resource Development or other Government Department in consultation withthe appropriate wage fixing authority and generally recognised by other employees in the district orzone whose general circumstances in the trade or industry in which the Contractor is engaged aresimilar. The Contractor shall at all times during the continuance of the Contract display, for theDepartment R&FM 48

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014information of his employees, a notice setting out the general rates of wages, hours and conditionsof labour of his employees.b) In the absence of any rates for wages, hours or conditions of labour so established the Contractorshall pay rates or wages and observe hours and conditions of labour which are not less favourablethan the general level of wages, hours and conditions observed by other Employers whose generalcircumstances in the trade or industry in which the Contractor is engaged are similar.c) Where the absence of established rates of wages, hours and conditions of labour or the dissimilarityof the general circumstances in the trade or industry in which the contractor is engaged prevent thecontractor observing rates of wages, hours and conditions of labour ascertained under subparagraph(a) or (b) above the Contractor in fixing the rates of wages, hours and conditions oflabour of his employees shall be guided by the advice of the Labour Department.d) The Contractor shall recognise the freedom of his employees to be members of trade unions.e) The Contractor shall maintain records in the Language stipulated in the Appendix to Bid of thetimes worked by, and the wages paid to his employees. The Contractor shall furnish to theEmployer, if called upon to do so such particulars of the rates of wages, hours and conditions oflabour as the Employer may direct.f) The Contractor shall be responsible for observance by his Sub-Contractors of the foregoingprovisions.Sub-Clause 34.4 Breach of Fair Wages ClauseAny Contractor or Sub-Contractor who is found to be in breach of the Fair Wages clause shall cease to beapproved as a Contractor or Sub-Contractor for such period as the Employer may determine.Should a claim be made to the Employer alleging the contractor's default in payment of fair wages to anyworkman employed on the Contract and if proof thereof satisfactory to the Employer is furnished by therelevant Labour Authority, the Employer may, failing payment by the Contractor, pay the claims out ofany monies due or which may become due to the Contractor under the contract.Sub-Clause 34.5 Recruitment of Unskilled LabourAny additional unskilled labour which is required by the contractor for the works and which is not in hisemployment at the time of the acceptance of the Tender shall be recruited by the Contractor from theLabour Office nearest to the site or sites of the work.Sub-Clause 34.6 Compensation for InjuryThe Contractor shall in accordance with the Workman's Compensation Act of the Laws of the Country ofthe Employer and any other Regulations in force from time to time in the Country of the Employer paycompensation for loss or damage suffered in consequence of any accident or injury or disease resultingfrom his work to any workman or other person in the employment of the Contractor or any Subcontractor.Sub-Clause 34.7 Labour Standardsa) The Contractor shall comply with the existing local labour laws, regulation and labour standards.b) The Contractor shall formulate and enforce an adequate safety programme with respect to executionof the Works, whether performed by the contractor or sub-contractor. The Contractor has assurancefrom the Employer of cooperation where the implementations of these safety measures require jointcooperation.Department R&FM 49

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Sub-Clause 34.8 : Cross-RecruitmentThe Contractor shall not induce personnel of the Employer or the Engineer to leave their regularemployment and shall not, without the prior consent in writing of the Employer, employ personnel whohave resigned from such service within the preceding six months.Add the following sub-clauses 35.2 and 35.3:-Sub-Clause 35.2: RecordsThe contractor shall maintain such records and make such reports concerning safety, health and welfareof persons and damage to property as the Engineer may from time to time prescribe.Sub-Clause 35.3 : Reporting of AccidentsThe Contractor shall report to the Engineer details of any accident as soon as possible after its occurrence.In the case of any fatality or serious accident, the contractor shall, in addition, notify the Engineerimmediately by the quickest available means. The contractor shall also notify the relevant authoritywhenever such report is required by the law of the Country of the Employer.Sub-Clause 41.1 : Commencement of WorksAmend Sub-Clause 41.1 as follows:-Delete the words "soon as is reasonably possible" in the first sentence and replace with "within the periodstated in the Appendix to Bid" .Sub-Clause 43.1 : Time for CompletionAmend Sub-Clause 43.1 as follows:-Delete the words from "within the time" to "such extended time" and substitute "by the date or datesstated or implied in the Clause 14 of these Conditions of Particular Application.Sub-Clause 44.1 : Extension of Time for CompletionAdd at the end of sub-clause 44.1 the following:Neither rains falling within the rainy seasons as occurs in the Employer's country nor floods caused bysuch rains shall be deemed exceptional weather conditions such as may fairly entitle the Contractor to anextension of time for the completion of the work.Sub-Clause 45.1 : Restriction on Working HoursAdd the following to sub-clause 45.1:-If the Contractor requests for permission to work on a day of rest and if the Engineer shall grant suchpermission, the contractor shall not be entitled to any additional payment for so doing. The Contractorshall plan his operations such that he observes the National Park Rules and Regulations in place or thatmay be issued from time to time. The Contractor shall keep close contact with the park management forDepartment R&FM 50

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014the control of workmen, protection from attacks by wild animals, restricted area permits, or other mattersand shall provide all assistance and facilities which may be required by such officials in the execution oftheir duties.Sub-Clause 52.1 : Valuation of VariationsAdd final sentence as follows:" Where the Contract provides for payment of the Contract price in more than one currency, and newrates or prices are agreed, fixed, or determined as stated above, the amount or proportions payable in eachof the applicable currencies shall be specified when the rates or prices are agreed, fixed, or determined, itbeing understood that in specifying these amounts or proportions the Contractor and the Engineer (or,failing agreement, the Engineer) shall take into account the actual or expected currencies of cost (and theproportions thereof) of the inputs of the varied work without regard to the proportions of the variouscurrencies specified in the Appendix to Bid for payment of the Contract Price".Sub-Clause 52.2 : Power of Engineer to fix RatesAdd final sentence to the first paragraph, as follows:"Where the Contract provides for the payment of the contract price in more than one currency, the amountor proportion payable in each of the applicable currencies shall be specified when the rates or prices areagreed, fixed, or determined as stated above, it being understood that in specifying these amounts orproportions the Contract and the Engineer (or, failing agreement, the Engineer) shall take into account theactual or expected currencies of cost (and the proportion thereof) of the input of the varied work withoutregard to the proportions of various currencies specified in the Appendix to Bid payment of the ContractPrice.Add as a third paragraph:"Provided further that no change in the rate or price for any item contained in the Contract shall beconsidered unless such item accounts for an amount more than 2 percent of the Contract Price, and theactual quantity of work executed under the item exceeds or falls short of the quantity set out in the Bill ofQuantities by more than 25 percent."Sub-Clause 52.3 : Variations Exceeding 15 PercentAdd a final sentence, as follows:"Where the Contract provides for the payment of the Contract Price in more than one currency, theamount or proportion payable in each of the applicable currencies shall be specified when such furthersum is agreed or determined, it being understood that in specifying these amounts or proportions theContractor and the Engineer (or, failing agreement, the Engineer) shall take into account the currencies(and the proportions thereof) in which the Contractor's Site and general overhead cost of the Contractwere incurred without being bound by the proportions of various currencies specified in the Appendix toBid for payment of the Contract Price.Sub-Clause 52.4 : DayworksAdd the following at the end of sub-clause 52.4:Department R&FM 51

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014The work so ordered shall immediately become part of the works under the contract. The Contractorshall, as soon as practicable after receiving the Daywork order from the Engineer, undertake the necessarysteps for due execution of such work. Prior to commencement of any work to be done on a Dayworkbasis, the Contractor shall give an advance notice to the Engineer stating the exact time of suchcommencement.Sub-Clause 54.1 :Contractor's Equipment, Temporary Works and Materials; Exclusive Use for theWorksAmend Sub-Clause 54.1 as follows:-Line 5:- Add "written" between "the" and "consent".Delete Sub-Clauses 54.3 to 54.4 entirely and add Sub-Clauses 54.9 to 54.13 as follows:For the purpose of these Clauses, the term "Equipment" shall be read as "Contractor's equipment" wherethe context so requires.Sub-Clause 54.9 : Vesting of EquipmentAll Contractors Equipment, Temporary Works and Materials owned by the Contractor or by anyCompany in which the Contractor has a controlling interest shall when brought onto the site (or in thecase of Hire Purchase Plant on the site on its becoming the property of the Contractor) shall be vested inand deemed to be the property of the Employer. This is without prejudice to the right of the Contractor tothe sole use of the said Equipment, temporary works and materials for the purpose of the Works andwithout affecting his responsibility for the costs of maintenance and operation of the same under theprovisions of the Contract.Sub-Clause 54.10 : Revesting and Removal of EquipmentUpon the removal of any such Contractor's Equipment, temporary works or materials as had been deemedto have become the property of the Employer under Sub-Clause 54.9 and with the consent of the Engineerunder sub-clause 54.1, the property therein shall be deemed to revest in the Contractor and uponcompletion of the maintenance of the Works the property in the remainder of such Equipment, temporaryworks or materials as aforesaid shall, subject to Clause 63, be deemed to revest in the Contractor.Sub-Clause 54.11 Notification of Equipment OwnershipThe Contractor shall on request made by the Engineer at any time in relation to any item of Equipmentforth-with notify to the Engineer in writing the name and address of the owner thereof and shall certifythat the agreement for the hire thereof contains a provision in accordance with the requirements of subclause54.5 of this clause.Sub-Clause 54.12 : Avoidance of Seizure by owner of EquipmentThe Employer shall in order to avoid seizure by the owner of Equipment be entitled to pay such ownerthe amount of any overdue installment or of other payable under any agreement relating to suchDepartment R&FM 52

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Equipment and in the event of his doing so any amount so paid by him shall be a debt due from theContractor to the Employer and may be deducted by the Employer from any monies due or that maybecome due to the Contractor under the Contract or may be recovered by the Employer from theContractor at law.Sub-Clause 54.13 : Disposal of EquipmentIf the Contractor shall fail to remove any Equipment, Temporary Works or materials as aforesaid or asrequired pursuant to Clause 33 within such reasonable time after completion of the Works or as may beallowed by the Engineer, then the Employer may:-a) sell any such equipment, Temporary Works and materials as aforesaid, andb) return at the Contractor's expense to the person, firm or company from whom any hired plant washeld by the Contractor; and after deducting from any proceeds of sale the costs, charges andexpenses in connection with such sale and in connection with return as aforesaid shall pay thebalance (if any) to the Contractor but to the extent that if the proceeds of any sale are insufficient tomeet all such costs, charges and expenses the excess shall be a debt due from the Contractor to theEmployer and shall be deductible or recoverable by the Employer from any monies due or thatmay become due to the Contractor under the contract or may be recovered by the Employer fromthe Contractor at Law.Add the following Sub-Clause 55.2Sub-Clause 55.2 : Omissions of RatesItems of Works described in the Bill of Quantities for which no rate or price has been entered in theContract shall be considered as included in other rates and prices in the Contract and will not be paid forseparately by the Employer.Clause 60 of the General Conditions is deleted entirely and the following Sub-Clause 60.1 - 60.14 aresubstituted therefor:Sub-Clause : 60.1 Monthly StatementsThe Contractor shall submit a statement in the number of copies specified in the Appendix to Bid to theEngineer at the end of each month, in a tabulated form approved by the Engineer, showing the amounts towhich the Contractor considers himself to be entitled. The statement shall include the following items, asapplicable, which shall be taken into account in the sequence listed:(a)(b)(c)the estimated Contract value of the Temporary and permanent Works executed up to the end of themonth in question, determined in accordance with Sub-Clause 56.1 at the unit rates and pricesincluded in the Contract, in local currency;the actual value certified for payment for the Temporary and Permanent Works executed up to theend of the previous month, at the unit rates and prices included in the Contract, in local currency;the estimated contract value at the unit rates and prices included in the Contract of the Temporaryand Permanent Works for the month in question, in local currency, obtained by deducting (b) from(a);Department R&FM 53

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014(d)(e)(f)(g)(h)(i)the equivalent of the amount set forth in (c), expressed in the various currencies in which theContract Price is payable, and calculated by applying the proportions and the exchange rates setforth in the Appendix to Bid to the amount set forth in (c),the value of any variations executed up to the end of the month in question, less the amountcertified in the previous Interim Payment Certificate, expressed in the relevant amounts of foreignand local currencies, pursuant to Clause 52,amounts approved in respect of Daywork executed up to the end of the month in question, less theamount for Daywork certified in the previous Interim Payment Certificate, indicating the amountsof foreign and local currencies as determined from the Daywork Schedule of the Bill of Quantities.amounts reflecting changes in cost and legislation, pursuant to Clause 70, expressed in the relevantamounts of foreign and local currencies.any credit or debit for the month in question in respect of materials and plant for the PermanentWorks, in the relevant amounts, in foreign and local currencies, and under the conditions set forthin Sub-Clause 60.3;any amount to be withheld under the retention provisions of Sub-Clause 60.5, determined byapplying the percentage set forth in Sub-Clause 60.5 to the amounts in foreign and local currenciesdue under paragraphs 60 .1 (d),(e),(f),and (g);(j) any amounts to be deducted as repayment of the Advance under the provisions of Sub-Clause 60.7;and(k)any other sum, expressed in the applicable currency or currencies, to which the Contractor may beentitled under the Contract or otherwise.Sub-Clause 60.2 : Monthly PaymentsThe said statement shall be approved or amended by the Engineer in such a way that, in his opinion, itreflects the amounts in various currencies due to the Contractor in accordance with the Contract afterdeduction, other than pursuant to Clause 47 of any sums which may have come due to payable by theContractor to the Employer. In cases where there is difference of opinion as to the value of any item, theEngineer's view shall prevail. Within 14 days of receipt of the monthly statement referred to in Sub-Clause 60.1, the Engineer shall determine the amounts due to the Contractor and shall deliver to theEmployer and the Contractor an Interim payment Certificate, certifying the amounts due to theContractor.Provided that the Engineer shall not be bound to certify any payment under this sub-clause if the netamount thereof, after all retentions and deductions, would be less than the Minimum Amount of InterimPayment Certificates stated in the Appendix to Bid.Sub-Clause 60.3 : Materials and Plant for the Permanent WorksWith respect to materials and plant brought by the Contractor to the site for the incorporation in thePermanent Works, the Contractor shall (a) receive a credit in the month in which these materials andplant are brought to the site and (b) be charged a debit in the month in which they are incorporated in theDepartment R&FM 54

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Permanent Works, both such credit and debit to be determined by the Engineer in accordance with thefollowing provisions.(a)no credit shall be given unless the following conditions shall have been met to the Engineer'ssatisfaction.(i) the materials and Plant are in accordance with the specifications for the Works;(ii) the materials and Plant have been delivered to the Site and are properly stored andprotected against loss, damage, or deterioration;(iii) the Contractor's record of the requirements, orders receipts and use of materials and plantare kept in a form approved by the Engineer, and such records are available for inspectionby the Engineer;(iv) the Contractor has submitted a statement of his cost of acquiring and delivering thematerials and plant to the Site, together with such documents as may be required for thepurpose of evidencing such cost;(v) the materials are to be used within a reasonable time.(b)(c)(d)the amount to be credited to the contractor shall be the equivalent of 50 percent of the contractorsreasonable cost of the materials and plant delivered to the site, as determined by the Engineerafter review of the documents listed in subpara. (a)(iv) above;the amount to be debited to the Contractor for any materials and plant incorporated into thePermanent Works shall be equivalent to the credit previously granted to the Contractor for suchmaterials and plant pursuant to Sub-Clause (b) above, as determined by the Engineer; andthe currencies in which the respective amounts shall be credited or debited as set forth above shallbe determined by the Engineer.Sub-Clause 60.4 : Place of PaymentPayments to the Contractor by the Employer shall be made in the currencies in which the Contract Priceis payable into a bank account or accounts nominated by the Contractor.Sub-Clause 60.5 : Retention MoneyA retention amounting to the percentage stipulated in the Appendix to Bid of the amounts due in eachcurrency, determined in accordance with the procedure set out in Sub-Clause 60.1 (i) shall be made by theEngineer in the first and following Interim Payment Certificates.Sub-Clause 60.6 : Payment of Retention MoneyUpon the issue of the Taking-Over Certificate, with respect to the whole of the Works, one half of theRetention Money, or upon the issue of a Taking-Over Certificate with respect to a Section or part of thePermanent Works only such proportion thereof as the Engineer determines having regard to the relativevalue of such Section or part of the Permanent Works, shall be certified by the Engineer for payment tothe Contractor.Upon the expiration of the Defect Liability period for the Works, the other half of the Retention Moneyshall be certified by the Engineer for payment to the Contractor. Provided that, in the event of differentDefects Liability Periods being applicable to different Sections or parts of the Permanent Works pursuantDepartment R&FM 55

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014to Clause 48, the expression "expiration of the Defect Liability Period" shall, for the purpose of this subclause,be deemed to mean the expiration of the latest of such periods.Provided also that if at such time, there shall remain to be executed by the Contractor any workinstructed, pursuant to Clause 49 and 50, in respect of the Works, Engineer shall be entitled to withholdcertification until completion of such work of so much of the balance of the Retention Money as shall, inthe opinion of the Engineer, represent the cost of the Works remaining to be executed.Sub-Clause 60.7 : Time of Payment and Interest(a)The amount due to the Contractor under any Interim or Final Payment Certificate issued by theEngineer pursuant to this Clause, or to any other term of the Contract, shall, subject to Clause 47,be paid by the Employer to the Contractor as follows:(i)(ii)In the case of Interim Payment Certificates within 45 days after the Contractor's monthlystatement has been submitted to the Engineer for certification, pursuant to Sub-Clause 60.1;andin the case of the Final Payment Certificate pursuant to Sub-Clause 60.12, within 30 daysafter the Final Statement and written discharge have been submitted to the Engineer forcertification; and(b)In the event of the failure of the Employer to make payment within the times stated, the Employershall pay to the Contractor interest compounded monthly at the average borrowing rate fromCentral Bank of Kenya. The interest shall be upon all sums unpaid from the date upon which thesame should have been paid, in the currencies in which the payments are due. For the Localcurrency the interest shall include a mark-up of 3% over and above the borrowing rate. Theprovisions of this Sub-Clause are without prejudice to the Contractor's entitlement under Clause 69or otherwise"Sub-Clause 60.8 : Correction of CertificatesThe Engineer may by any Interim Payment Certificate make any correction or modification any previousInterim Payment Certificate which has been issued by him, and shall have authority, if any work is notbeing carried out to his satisfaction to omit or reduce the value of such work in any Interim PaymentCertificate.Sub-Clause 60.9 : Statement at CompletionNot later than 84 days after the issue of the Taking-Over Certificate in respect of the whole of the Works,the Contractor shall submit to the Engineer a statement at Completion in the in the number of copiesspecified in the Appendix to bid with supporting documents showing in detail, in the form approved bythe Engineer,(a)(b)(c)the final value of all work done in accordance with the Contract up to the date stated in suchTaking-Over Certificate;any further sums which the Contractor considers to be due; andan estimate of amounts which the Contractor considers will become due to him under the contract.Department R&FM 56

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Estimate amounts shall be shown separately in such Statement at Completion. The Engineer shall certifypayment in accordance with Sub-Clause 60.2.Sub-Clause 60.10 : Final StatementNot later than 56 days after the issue of the Defects Liability Certificate pursuant to Sub-Clause 62.1, theContractor shall submit to the Engineer for consideration a draft final statement in the number of copiesstipulated in the Appendix to Bid with supporting documents showing in detail, in the form approved bythe Engineer,(a)(b)the value of all work done in accordance with the Contract; andany further sums which the Contractor considers will become due to him under the Contract orotherwise.If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shallsubmit such further information as the Engineer may reasonably require and shall make such changes inthe draft as may be agreed between them. The Contractor shall then prepare and submit to the Engineerthe final statement as agreed (for the purposes of these Conditions referred to as the "Final Statement").If, following discussions between the Engineer and the Contractor and any changes to the draft finalstatement which may be agreed between them, it becomes evident that a dispute exists, the Engineer shalldeliver to the Employer an Interim payment Certificate for those parts of the draft final statement, if any,which are not in dispute. The dispute shall then be settled in accordance with Clause 67. The FinalStatement shall be the agreed upon settlement of the dispute.Sub-Clause 60.11 : DischargeUpon submission of the Final Statement, the Contractor shall give to the Employer, with a copy to theEngineer, a written discharge confirming that the total of the Final Statement represents full and finalsettlement of all monies due to the Contractor arising out of or in respect of the Contract. Provided thatsuch discharge shall become effective only after payment due under the Final Payment Certificate issuedpursuant to Sub-Clause 60.12 has been made and the performance security referred to in Sub-Clause 10.1has been returned to the Contractor.Sub-Clause 60.12 : Final Payment CertificateWithin 28 days after receipt of the Final Statement, and the written discharge, the Engineer shall deliverto the Employer (with a copy to the Contractor) a Final Payment Certificate stating(a)(b)the amount which in the opinion of the Engineer, is finally due under the Contract or otherwise, andafter giving credit to the Employer for all amounts previously paid by the Employer and for allsums to which the Employer is entitled, other than under Clause 47, the balance, if any due, fromthe Employer to the Contractor or from the Contractor to the Employer as the case may be.Department R&FM 57

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Sub-Clause 60.13 : Cessation of Employer's LiabilityThe Employer shall not be liable to the Contractor for any matter or thing arising out of or in connectionwith the contract or execution of the Works, unless the Contractor shall have included a claim in respectthereof in his Final Statement and (except in respect of matters or things arising after the issue of theTaking-Over Certificate in respect of the whole of the Works) in the statement at completion referred toin Sub-Clause 60.10.Sub-Clause 63.1 : Default of ContractorDelete the last paragraph of this sub-clause and substitute:"then the Employer may, after giving 14 days notice to the Contractor, enter upon the Site and expel theContractor therefrom without thereby voiding the contract, or releasing the Contractor from any of hisobligations or liabilities under the contract, or affecting the rights and powers conferred on the Employeror the Engineer by the contract, may himself complete the Works or may employ any other contractor tocomplete the works. The Employer or such other contractor may use for such completion so much of theContractor's Equipment, plant, Temporary Works and materials, which have been deemed to be reservedexclusively for the execution of the Works, under the provisions of the contract, as he or they may thinkproper, and the Employer may at any time, sell any of the said Contractor's Equipment, TemporaryWorks, and unused Plant and Materials, and apply the proceeds of sale in or towards the satisfaction ofany sums due or which may become due to him from the Contractor under the Contract".Sub-Clause 63.2 : Valuation at Date of ExpulsionModify the heading of Sub-Clause 63.2 by substituting " Valuation at Date of Expulsion"for valuation atDate of Termination". In Sub-Clause 63.2, delete the word "termination" on the second and fifth lines andsubstitute "expulsion".Sub-Clause 63.3 : Payment after ExpulsionModify the heading of Sub-Clause 63.3 by substituting "payment after Expulsion" for payment afterTermination". In Sub-Clause 63.3, delete the words "terminates the Contractor's employment" on the firstline, and substitute "shall enter and expel the Contractor".Sub-Clause 63.4 : Assignment of Benefit of AgreementIn Sub-Clause 63.4, delete the word "termination" on the second line, and substitute "expulsion".Sub-Clause 63.5: Corrupt or Fraudulent PracticesIf in the judgement of the of the Employer Contractor has engaged in corrupt or fraudulent practices, incompeting for or in executing the Contract, then the Employer may, after having given 14 days notice tothe Contractor, terminate the Contractor's employment under the Contract and expel him from the Site,and the provision of Clause 63 shall apply as if such expulsion had been made under Sub-Clause 63.1For the purpose of this sub-clause:"corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influence theaction of a public official in the procurement process or in contract execution.Department R&FM 58

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014" fraudulent practice" means a misrepresentation of facts in order to influence a procurement process orthe execution of a contract to the detriment of the Employer, and includes collusive practice amongbidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitivelevels and to deprive the Employer of the benefits of free and open competition.Sub-Clause 65.2 : Special RisksAmend Sub-Clause 65.2 to read as follows:"The Special Risks are the risks defined under para. (a), subparas. (i) to (v) of Sub-Clause 20.4Sub-Clause 68.2 : Notice to Employer and EngineerFor the purposes of this Sub-Clause, the addresses are those specified in the Appendix to Bid.Clause 69 : Default of EmployerIn Sub-Clauses 69.1, 69.4, and 69.5, substitute "Sub-Clause 60.8" for "Sub-Clause 60.10".Sub-Clause 69.1 (d) : Economic DislocationSub-Clause 69.1 (d) is deletedSub-Clause 69.3 : Payments on TerminationDelete from "but in addition to the payments specified...." to the end of the sub-clause.Sub-Clause 69.4 : Contractors Entitlement to Suspend WorkDelete the first paragraph of this Sub-Clause entirely and replace with the following:-"Without prejudice to the Contractor's entitlement to interest under Sub-Clause 60.8 (of these conditionsof Particular Application) and to terminate under Sub-Clause 69.1, the contractor may suspend work orreduce the rate of work within 28 days after the expiry of the time stated in Sub-Clause 60.8 (of theseConditions of Particular Application) after giving 28 days notice to the Employer, with a copy to theEngineer."Sub-Clause 69.5: Resumption of WorkAfter the words “reasonably possible” add: “, provided not later than 28 days after the date of payment.”Clause 70 : Changes in Cost and LegislationDelete Clause 70 in its entirety, and substitute:Sub-Clause 70.1: Price AdjustmentDepartment R&FM 59

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014The amounts payable to the Contractor, in Price various currencies pursuant to Sub-Clause Adjustment60.1, shall be adjusted in respect of provable rise or fall in the current cost of labour, materials, and otherinputs to the Works, by applying to such amounts a reasonable adjustment, formula or calculation to baseprices or costs as the Engineer shall approve. The base costs or prices shall be those prevailing on thedays prior to the latest date for submission to bids. Current costs or prices shall be those prevailing on theday 28 days prior to the last day of the period to which a particular Interim Payment Certificate is related.Sub-Clause 70.2: Other ChangesTo the extent that full compensation for any rise or fall in costs to the Contractor is in Cost not covered bythe provisions of this or other Clauses in the Contract, the unit rates and prices included in the Contractshall be deemed to include amounts to cover the contingency of such other rise or fall of costs.Sub-Clause 70.3: Subsequent LegislationIf, after the date 28 days prior to the latest date for submission of bids for the Legislation Contract, thereoccur in the country in which the Works are being or are to be executed changes to any National or StateStatute, Ordinance, Decree, or other Law or any regulation or by-law of any local or other dulyconstituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law regulation orby-law which causes additional or reduced cost to the Contractor, other than under the preceding subclausesof this clause, in the execution of the contract, such additional or reduced cost shall after dueconsultation with the Employer and the Contractor, be determined by the Engineer and shall be added toor deducted from the Contract Price and the Engineer shall notify the Contractor accordingly, with a copyto the Employer. Notwithstanding the foregoing, such additional or reduced cost shall not be separatelypaid or credited if the same shall already have taken into account in accordance with the provisions ofSub-Clauses 70.1 to 70.3.Sub-Clause 70.4: No Adjustment Owing to Contractor’s DelaysIf the Contractor fails to complete the Works within the time for completion prescribed under Clause 43,or as may have been subsequently extended pursuant to Clause 44, he shall not be entitled to anyvariation of prices under Sub-Clause 70.1 in respect of increase in costs in such period over which theworks have been delayedDepartment R&FM 60

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014ADDITIONAL CLAUSESClause 73 : TaxationSub-Clause 73.1 : Foreign TaxationThe priced bid by the Contractor shall include all taxes, duties, and other changes imposed outside theEmployer's country on the production, manufacture, sale, and transport of the Contractor's Equipment,plant, materials, and supplies to be used on or furnished under the Contract, and on the servicesperformed under the Contract.Sub-Clause 73.2 : Local TaxationThe priced bid by the contractor shall include all custom duties, Value Added Tax (VAT) and otherbusiness taxes that may be levied in accordance with the law and regulations being on the date 28 daysprior to the latest date of submission of bids in the Employer’s country on the Contractor’s equipment,plant, materials and supplies (permanent, temporary, and consumable) acquired for the purpose of thecontract and on the services performed under the contract.Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may belevied in the Employer's country on profits made by him in respect of the Contract.Sub-Clause 73.3: Income Taxes on StaffThe Contractor's staff and labour will be liable to pay personal income taxes in the Employer's country inrespect of such of their salaries and wages as are chargeable under the laws and regulations for the timebeing in force, and the Contractor shall perform such duties in regard to such deductions thereof as maybe imposed on him by such laws and regulations.Sub-Clause 74.1: Joint and Several LiabilityIf the contractor is a joint venture of two or more persons, all such persons shall be joint and severallybound to the Employer for the fulfillment of the terms of the Contract and shall designate one of suchpersons to act as a leader with authority to bind the joint venture. The composition or the constitution ofthe joint venture shall not be altered without the prior consent of the Employer.Sub-Clause 75.1: Details to be ConfidentialThe Contractor and the Engineer shall treat all the details of the Contract as private and confidential, saveinsofar as necessary for the purposes of performance of the contract. The Contractor or Engineer shall notpublish or disclose any particulars of the Contract in any trade or technical paper or elsewhere withoutprior written consent of the Employer.Clause 76.1: Regular Management MeetingsThere shall be regular and pre-agreed management meetings whose venue shall be within or near the Site.The purpose of the meetings shall include inspection of Contractor's Site operations, review of progressof the Works and other matters related to the Contract. Those attending the meetings shall includeDepartment R&FM 61

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014authorised representatives of the Employer and the Contractor. The record of the meetings shall becompiled and dispatched to the Employer and the Contractor by the Engineer who shall call up, andpreside over, these meetings. Any obligations arising from the meetings shall be construed as part of theContract, unless the matters so discussed and recorded are of general nature.Department R&FM 62

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SECTION VII: SCHEDULES OF SUPPLEMENTARY INFORMATIONDepartment R&FM 63

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 1: CONFIDENTIAL BUSINESS QUESTIONAIREThis Confidential Business Questionnaire of the Government of Kenya shall be completed by the Bidder.Department R&FM 64

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014REPUBLIC OF KENYACONFIDENTIAL BUSINESS QUESTIONNAIREYou are requested to give the particulars indicated in Part 1 and either Part 2 (a). 2(b) or 2(c) whicheverapplies to your type of business.You are advised that it is a serious offence to give false information on this Form.Part 1 - General:Business name..........................................................................................................................................Location of business premises..........................................................................................................................................Plot No. .....................................Street/Road ...................................................................Postal Address............................Tel No. .........................................................................Nature of business........................................................................................................................................................................................................................................................Current Trade Licence No. .....................................Expiring date ....................................Maximum value of business which you can handle at any one time:Kshs...................................................................................................................................Name of your bankers......................................................................................................Branch................................................................................................................................Are you an agent of the Kenya National Trading Corporation? YES/NODepartment R&FM 65

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Part 2(a) - Sole Proprietor:Your name in full.........................................................................................................................................Age....................................................................................................................................Nationality ..........................................Country of origin ................................................*Citizenship details ..........................................................................................................Part 2(b) - Partnership:Give details of partners as follows:Name Nationality Citizenship Details* Shares1………………………… 1…………………… 1…………………… 1………………………2…………………………3…………………………2………………………3………………………2………………………3………………………2…………………………3…………………………Part 2(c) - Registered Company:Private or public .......................................................................................................................State the nominal and issued capital of the company-Nominal Kshs. .........................................................................................................................Issued Kshs. .............................................................................................................................Give details of all directors as follows:Name Nationality Citizenship Details* Shares1………………………… 1…………………… 1…………………… 1………………………2………………………… 2………………… 2…………………… 2………………………3………………………… 3…………………… 3…………………… 3………………………Note: Attach proof of citizenshipPart 2(d)- Interest in the Firm:Part 2 (d) Interest in the Firm:Are there any person / persons in Kenya Wildlife Service who has interest in this firm?Mark in the box alongside as necessary.YesNoSignature of Bidder..............................................................Date.............................Department R&FM 66

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 2: FORM OF WRITTEN POWER OF ATTORNEYThe Bidder shall state here below the name(s) and address of his representative(s) who is/are authorizedto receive on his behalf correspondence in connection with the Tender.……………………………………………………………………………………………………(Name of Bidder's Representative in block letters)……………………………………………………………………………………………………(Address of Bidder's Representative)……………………………………………………………………………………………………(Signature of Bidder's Representative)Alternate:……………………………………………………………………………………………………………….(Name of Bidder's Representative in block letters)…………………………………………………………………………………..................……………......(Address of Bidder's Representative)………………………………………………………………………………................……………………(Signature of Bidder's Representative)*To be filled by all Bidders.Department R&FM 67

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 3: CERTIFICATE OF BIDDER’S VISIT TO SITE1. This is to certify that[Name/s]……………………………………………………………………………………………………………………………………………………………………………………………………Being the authorized representative/Agent of [Name of Bidder]………………………………………………………………………………………………………………………………………………………………………………………………………………has undertaken the inspection of site in accordance with the instruction to Bidders, for purposesof bidding for routine maintenance of the REHABILITAION OF TOURIST CIRCUITROADS AND AIRSTRIP IN RUMA NATIONAL PARK held on…………. Dayof...……………20…......………2. Having studied the tender document, I carefully examined the site to make myself familiar withthe local conditions likely to influence the works and cost thereof.3. I further certify that I am satisfied with the description of the works and I understand perfectly thescope of the works as specified and implied in the performance of the contractSigned………………………………………………………………................................................………..(Employer’s Representative)……………………………………………...(Name of Employer’s Representative)…………………..........………………..(Designation)NOTE: This form is to be completed at the time of the organized site visit. The Employer’sRepresentative will ascertain the qualifications of the Bidder’s Representative in accordance with theinstructions to bidders and reject inadequate representation. This form Must be completed and dulysigned.Department R&FM 68

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 4: MAJOR ITEMS OF CONSTRUCTION PLANT AND EQUIPMENTItemNo.AEquipment DetailsConcrete EquipmentMinimumNumberRequired forthe ContractExecutionNo ofEquipment Ownedby theBidderNo. ofequipmentto behired/purchased by theBidderNo. ofequipmentto be madeavailablefor theContract bythe BidderDate ofArrival onProject(Days aftercommence)Mobile concrete mixers 2Concrete vibrators 3BCDEFTransport (Tippers,dumpers, water tankers)6 X 4 tippers payload 16 –20 tonesWater tankers (18,000 –20,000 lts. capacity)Flat-bed lorryEarth – MovingEquipmentTractor Dozer with dozerattachment (D6-D9)Tractor/Wheeled loaders 1Motor graders (120 -205kW)ExcavatorsHydraulic crawler mounted(7 – 10 tonnes) – 0.25 – 0.4m3 SAE bucket.RollersSelf propelled single drumvibrating (various types)2Pneumatic rubber tyre(1-2)tone/wheel1BITUMINOUS PLANTSBituminous PressureDistributor1Asphalt Concrete Paver 12121The bidder shall enter in this schedule all major items of plant and equipment which he proposes to bringto site. Only reliable plant in good working order, and suitable for the work, shall be shown on thisSchedule. The bidder should attached proof of ownership or authorized letter of hire. I certify thatthe above information is correct.Signature of Tenderer: ……………………………Date: ……….........…………………………………Department R&FM 69

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 5: KEY PERSONNELi) Key Personnel proposed by TendererThe Bidder shall list in this schedule the in-house professional and technical personnel he willemploy, list of their current workload together with their qualifications, experience, position heldand nationality.Name of KeyStaffDesignationSite AgentSurveyorSite Supervisor-I:Earthworks/Drainage andConcrete worksSite Supervisor-II:Bituminous worksRequiredNational Higher Dip inQualificationCivilEngineering/EquivalentGeneral Experience At least 7 yrsCVProvide Cv current to theMonth of TenderQualification Certificate Certified copy ofQualification CertificateCurrent work Load SpecifyQualificationOrdinary Dip in Surveyingor EquivalentGeneral Experience At least 7 yrsCVProvide Cv current to theMonth of TenderQualification Certificate Certified copy ofQualification CertificateCurrent work Load SpecifyQualificationOrdinary Dip in CivilEngineering or EquivalentGeneral Experience At least 5 yrsCVProvide Cv current to theMonth of TenderQualification Certificate Certified copy ofQualification CertificateCurrent work Load SpecifyQualificationOrdinary Dip in CivilEngineering or EquivalentGeneral Experience At least 5 yrsCVProvide Cv current to theMonth of TenderQualification Certificate Certified copy ofQualification CertificateCurrent work Load SpecifyNoteThe CV’s for each of the proposed key and other personnel should be presented in the format indicated inthe next page. Attach certified copies of the resumes for each key staff.Department R&FM 70

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014(ii)Format of Resume of Proposed Personnel (use the same format for all other requiredstaff)Proposed PositionPersonnelinformationName of PersonnelDate of birthProfessional qualificationsYears of ExperienceYears with present employerPresentemploymentPresent Employer’s Name:Job TitleName ofContactTelephone Noperson(Supervisor)E-mailFrom To (Summarize professional experience, in reverse chronological order. Indicateparticular technical and managerial experience relevant to the project)Company / Project / Position / Role in projectSignature of Proposed Staff……………………………………….Date:……………………………….Note: Please attach Certified Copies of Qualification CertificatesDepartment R&FM 71

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 6: SCHEDULE OF ROAD WORKS CARRIED OUT BY THE BIDDER INTHE LAST SEVEN YEARSDESCRIPTION OF WORKSNAME ANDADDRESS OFCLIENTVALUE OF WORKS (KSHS)*YEARCOMPLETED/REMARKSA) Non-completed WorksB) Completed WorksC) Specific ConstructionExperienceI certify that the above works were successfully carried out by me (the bidder).……………………………..(Signature of Bidder)………..................………………(Date)*Value in KShs using Central Bank of Kenya mean exchange rate at a reference date 28 days before dateof BID opening.Attach Completion Certificates /Substantial completion certificate as requested in Section 5 A and B:Qualification and Evaluation Criteria.Department R&FM 72

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 7: SCHEDULE OF ONGOING PROJECTSDESCRIPTIONOF WORKSNAME ANDADDRESS OFCLIENTDATE OFCOMMENCEMENTDATE OFCOMPLETIONVALUE OFWORKS(KSHS)VALUECOMPLETEDUP TO DATE %PHYSICALLYCOMPLETEDUP TO DATE %NOTE: Provide the requested information as per the table above. Information presented in other formatwill be accepted ( you may use an extra page of this format)I certify that the above works are being carried out by me and that the above information is correct.…………………………(Signature of Bidder)………………………(Date)Department R&FM 73

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 8: FINANCIAL STANDING1 Submit copies of audited profit and loss statements and balance sheet for the last five calendaryears and estimated projection for the next two years with certified English translation whereappropriate.2 Give turnover figures for each of the last five (5) financial years. Quote in millions and decimalthereof.RoadworksOther civil Engineering worksOther (specify)TotalYear Year Year Year YearKsh. Ksh. Ksh. Ksh. Ksh.SUMMARY OF ASSETS AND LIABILITIES OF THE AUDITED FINANCIAL STATEMENTSOF THE LAST THREE (3) FINANCIAL YEARSYear Year Year1. Total Assets2. Current Assets3. Bank Credit Line Value4. Total Liabilities5. Current Liabilities6. Net Worth (1-4)7. Working capital (2+3-5)KShs. KShs. KShs.(a)Name/Address of Commercial Bank providing credit line (Provide a certified copy ofundertaking by the bank specific to this contract. Other outdated and general letters will not beaccepted)……………………………………………………………………………………………………………………………………………………(b)Total amount of credit line KShs………………………………………Attach certified copies of financial bank statements of the last three years.Attach a certified copy of Undertaking of the Bank to providing the credit.Department R&FM 74

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 9: OTHER SUPPLEMENTARY INFORMATION1. Financial reports for the last five years, balance sheets, profit and loss statements, auditors’ reportsetc. List them below and attach certified copies.………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………2. Evidence of access to financial resources to meet the qualification requirements. Cash in hand, linesof credit etc. List below and attach copies of supporting documents. (see item 2 (a) of schedule 9above)………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………3. Name, address, telephone, telex, fax numbers of the Bidders Bankers who may provide reference ifcontacted by the Contracting Authority.………………………………………………………………………………………………………………………………………………………………Information on current litigation in which the Bidder is involved. (please provide a sworn affidavitby Commissioner of Oaths)a) Provide Information on History of Non performing contractOTHER PARTY (IES) CAUSE OF DISPUTE AMOUNT INVOLVED(KShs)b) Provide Information on current Litigation involved.OTHER PARTY (IES) CAUSE OF DISPUTE AMOUNT INVOLVED(KShs)Note: (Provide a sworn affidavit for both (a) and (b) ).I certify that the above information is correctSignature of bidder:………………......…………… Date:……………………………………………..Department R&FM 75

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014SCHEDULE 10: WORK EXECUTION PROGRAMMEGive a brief description of how you plan to carry out the works within the contract period. The Worksexecution programme should include all relevant information to the project. The information given shouldbe clear, not flawed description and compliance to standard and special specification.Note Works Execution programme is different from form “programme of works referred in FIDIC andStandard Specification for Roads and Bridge Construction. The said “programme of works” is but part ofWorks Execution Programme (WEP).The Content s of Works Execution Programme shall include:ii.General informationa) Project data Project name, financier, employer, implementing agency contract period, date of completion, defects liability period, date of submission of works execution programme,b) Scopes of worksiii.A brief description of the project which includes major work itemsMobilization Management PlanThe Plan should show, the location of site office and site organization chart,Personnel management plan (Head Office and Site Office staff)Deployment plan and schedule of key personnel together with their qualification, andexperience statements are shown in WEP. The information in this part includes; name, address,ID, phone number, assigned work types, Subcontractor’s information and wage payment planare also to be included if necessary.Equipment management planList of the equipments: Name, type, manufacturer, usage, number, schedule. The bidder shallprepare the maintenance and repair plan for all the equipments.iv.Work execution schedulea) Signed Programme of worksb) Signed cash flow plan during the contract periodIt is desirable that work execution schedule includes time frame of each activity such as in barchart format.v. Quality and Quantity Management• Method statementThis includes Work procedures, order and methods for execution.• Proposal on material testing.Department R&FM 76

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2013-2014Material and structural test methods, test laboratory, test frequency, standard values. The relevantclause on quality in SSRBC should also be incorporated.• Proposal on measurements• Photograph planThe bidder shall provide a photograph plan to record the progress and proof of quality control,measurement and any event that may arise. Type of works, filming item description, filmingfrequency and filming location mapping should be incorporated in the plan.vi.Safety management planThis includes but not limited compliance with safety rules and regulation, traffic control anddetour plans, emergency contact listFor quick actions during emergency, emergency contact list should be in WEP and shared withstaff in the Authority.vii.Environmental and social management planWhen the negative impacts on third parties during the execution are predicted, the management andmitigation plans should be included in WEP. For example, if earthwork likely cause dust problemaround the working site, the contractor needs to make a plan for water spraying; how often andwhat time water is sprayed, how many water-spraying vehicles are mobilized, and how manyworkers are assigned. The following issues are also necessary to be considered in the plan.Soil erosion on slopes and sedimentation deposition on the drainage works.Preservation of trees and shrubberyEntrance and accidental spillage of solid matters, debris, pollutants and waste into water sources.Disposal of waste materialHIV preventionNote:Works Execution Programme to be submitted by the bidder shall cover all the above stated items.Department R&FM 77

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION VIII: FORM OF AGREEMENTDepartment R&FM 78

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FORM OF AGREEMENTTHIS AGREEMENT made the ...................day of .................…2010 between KENYA WILDLIFESERVICE, P.O. BOX 40241, NAIROBI (hereinafter called "the Employer") on the one part and M/s………………………......................................................................................................................of………………......................................................………………………(hereinafter called "thecontractor") on the other part.WHEREAS the Employer is desirous that the Contractor execute the REHABILITAION OF TOURISTCIRCUIT ROADS AND AIRSTRIP IN RUMA NATIONAL PARK (name of the project)(hereinafter called "the Works") and has by a letter of acceptance dated ……………………………accepted a tender by the Contractor of for the execution, completion and remedying the defects of theWorks for a Contract Price of KShs …………………………………………………… (amount infigures);............................................................................................................................................................................................................................................................................................... (amount in words)NOW THIS AGREEMENT WITNESSETH as follows that it is hereby agreed and declared by andbetween the parties hereto as follows:1. In this Agreement, words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract hereinafter referred to.2. The following documents shall be deemed to form and be read and construed as part of thisAgreement, viz.:(a) this Form of Agreement(b) the Letter of Acceptance(c) the said Bid and Appendix to Bid(d) the Conditions of Contract (Part II)(e) the Conditions of Contract (Part I)(f) the Specifications(g) the Drawings(h) the Priced Bill of Quantities; and(i) any other documents forming part of this contractThe aforesaid documents shall be taken as complementary and mutually explanatory of eachother, but in case of ambiguities, discrepancies or conflict, shall take precedence in the order setout above.3. In consideration of the payments to be made by the Employer to the Contractor as provided in theContract, the Contractor hereby covenants with the Employer to execute and complete the Worksand remedy any defects therein in conformity in all respects with the provisions of the Contract.Department R&FM 79

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-20134. The Employer hereby covenants to pay the Contractor in consideration of the execution andcompletion of the Works and remedying of defects therein the contract price or such other sum asmay become payable under the provisions of the Contract at the times and in the mannerprescribed by the Contract.IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day andyear first above written.Signed for and on behalf of the said KENYAWILDLIFE SERVICE in the presence of:Signed for and on behalf of the said…………………………………………………..(the Contractor) in the presence of:))))))))))))))))))))))Department R&FM 80

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION IX: PERFORMANCE SECURITY (UNCONDITIONAL BANKGUARANTEE)Department R&FM 81

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013PERFORMANCE SECURITY (UNCONDITIONAL BANK GUARANTEE)TO:The DirectorKenya Wildlife ServiceP.O. Box 40241Nairobi, KenyaWHEREAS ...................................................................................................................................(hereinafter called "the Contractor") has undertaken, in pursuance of Contract No………...............................................................dated............................…to execute REHABILITAIONOF TOURIST CIRCUIT ROADS AND AIRSTRIP IN RUMA NATIONAL PARK (name of roadproject) (Hereinafter called "the Contract");AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you,with a Bank Guarantee by a reputable bank for the sum specified therein as security for compliance withhis obligations in accordance with the Contract;AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of theContractor, up to a total of.................................................................................. (in figures)...........................................................................................................................(Amount in words),such sum being payable in the types and proportions of currencies in which the Contract Price is payable,and we undertake to pay you, upon your first written demand and without cavil or argument, any sum orsums within the limits of .................................................... as aforesaid without your needing to prove orto show grounds or seasons for your demand for the sum specified therein.We hereby waive the necessity of your demanding the said debt from the Contractor before presenting uswith the demand.We further agree that no change or addition to or other modification of the terms of the Contract or of theWorks to be performed there under or of any of the Contract documents which may be made between youand the Contractor shall in any way release us from any liability under this guarantee, and we herebywaive notice of any such change, addition or modification.This guarantee shall be valid until a date 28 days from the date of issue of the Taking-Over Certificate.SIGNATURE AND SEAL OF THE GUARANTORName of Bank: ................................................Address .................................................Date . ..................................................Department R&FM 82

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION X: STANDARD SPECIFICATIONSDepartment R&FM 83

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 10: STANDARD SPECIFICATIONSThe Standard Specifications referred to in this document is the Standard Specifications for Road andBridge Construction, 1986 Edition published by the Ministry of Transport and Communications. Thisdocument shall form part of The ContractWork shall be carried out in accordance with the Standard Specification except as supplemented orrevised in the Special Specification.Department R&FM 84

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION XI: SPECIAL SPECIFICATIONSDepartment R&FM 85

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 1 - GENERALAdd the following at the beginning of this section: "The Special Specifications comprise amendments ofthe Standard Specifications for purposes of executing the Works. In the cases where there appear to be aconflict between the Special Specifications and Standard Specifications, the former shall take precedence,unless otherwise directed by the Engineer"101 LOCATION AND EXTENT OF SITEThe works are located in Ruma National Park and it involves:(i) The construction of Nyadenda Junction-God Jope Airstrip-Nyatoto Plains-Nyadenda-Wigato gravel standards(ii) Overlay of the airstrip runway(iii) Construction of the new passenger apron to bitumen standards.102 EXTENT OF CONTRACTThe works to be excited under the contract consist but are not limited to the following:-(a) Provision of General and Preliminary items for the works(b) Site clearance and top soil stripping where so instructed(c) Earthworks and formation as instructed(d) Providing and laying, watering and compacting of gravel wearing course(e) Testing of construction materials and setting out(f) Excavation and filling for structures(g) Concrete works.(h) Culvert and drainage works as instructed(i) Allowing passage of traffic through the works(j) Provision of road furniture as instructed(k) Overlay of the airstrip runway(l) Construction of new apron(m) Other related ancillary works as may be instructed by the Engineer103 CONTRACT DRAWINGSContract drawings are as follows, among other instructions:1. Standard project publicity signboard as instructed2. Drainage structures and typical details of Standard CPC3. Drawings as specifically instructed from time to time.The Engineer may from time to time, in order to enable the satisfactory completion of the Works,revise, amend, or supersede any of these drawings. It shall be the Contractor's responsibility toconstruct all works in conformity with the latest revision, amendment or superseding drawings,provided that the Engineer has given to the Contractor in writing such reasonable prior notices ofintention to revise, amend or supersede as the nature of the intended change requires, and therelevant drawings have been issued to the Contractor.104 THE WORKS EXECUTION PROGRAMMEThe contractor’s works Execution programme is as required under clause 14 of the Conditions ofContract. The programme shall be co-ordinated with climatic and other conditions to provide forthe completion of the works in the order and by the time specified.Department R&FM 86

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013The Contractor shall carry out the contract in accordance with the programme agreed with theEngineer, but he shall in no manner be relieved by the Engineer's approval of the programme, ofhis obligation to complete the works in the prescribed order and by the prescribed completiondate and he shall from time to time review his progress and make such amendments to his rate ofexecution of the works as may be necessary to fulfil his obligations.107 CERTIFICATE OF SUBSTANTIAL COMPLETIONThe minimum length of road for which a certificate will be issued is ten (10) kilometres.108 METHOD OF CONSTRUCTIONNotwithstanding the provisions of Clause 108 of the Standard Specifications the Engineer’snormal working hours shall be 8.00 a.m. and 5.00 p.m. excluding lunch hour on weekdays - thatis from Monday to Friday. On Saturdays, the working hours shall be defined as 8.00 a.m. and1.00 p.m. Sundays shall be set aside for rest.The Engineer’s staff that is required for any reason whatsoever to work outside the above normalworking hours shall be paid overtime and the full cost of such overtime shall be reimbursed to theengineer at no extra cost to the Employer.109 NOTICE OF OPERATIONSIn addition to the provisions of Clause 109 of the Standard Specifications, no major diversion oftraffic off the road of than 300 metres shall be made without the prior approval, in writing, of theEngineer.115 CONSTRUCTION GENERALLY(d)In addition to the provisions of Clause 115(d) of the Standard Specifications theEmployer will, through the Engineers notice give the Contractor possession of the Site ,including but not limited to the following:(i) Definite working area of the road or section of the road which shall be betweenthe two road reserve boundaries.(ii) All classified and unclassified public junctions and accesses joining the roadproject(s) and/or sections thereof to an extent of not more than 50 metres fromthe centreline of the road.121 DIVERSION OF SERVICESIn addition to the stipulations of Clause 121 the Contractor shall be responsible for arranging forthe moving of services, services such as power lines, telephone lines, water pipes and the like.This shall be subject to the agreement of the Engineer as and where necessitated by the Works.The Contractor shall pay any charges arising from the moving of the services or alteration toPayment for such works shall be on the basis of Provisional Sums included in the Bill ofQuantities No. 1. Subject to the agreement of the Engineer and upon production of invoices andvouchers, the Contractor shall be reimbursed in interim payment certificates the net cost of suchmoving or alteration plus the percentage inserted in the Bill of Quantities to cover for hisoverheads and profit.124 LAND FOR ALL CAMP SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,INCLUDING TEMPORARY WORKSNotwithstanding the provisions of Clause 124 of the Standard Specification all requirements ofland for the Contractor’s own use shall be at the Contractor’s expense.Department R&FM 87

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013The Contractor shall remove all temporary works and shall restore all such land to the conditionin which it was immediately prior to the occupation. No separate payment will be made to theContractor on account of land for deviations, quarries, stockpiles, spoil areas and borrow pitsoutside the road reserve and the Contractor is deemed to have made due allowance for them in hisrates.131 PUBLICITY SIGNBOARDSThe Contractor shall provide and erect as indicated in the Bill of Quantities publicity signboardson the site as directed. The desirable dimensions of the boards shall be as shown in the Drawingsor directed by the Engineer. The boards shall be prepared primed and painted cream and letteredin black. The boards shall be of stout construction and resistant to the effects of weather.138 VEHICLE FOR THE ENGINEER AND HIS STAFFThe Contractor shall, subject to the Engineer's approval and as indicated in the Bill of quantities,provide and maintain in good condition one (1) serviceable double cabin four-wheel-drivediesel powered pick -up with a driver for exclusive use of the Engineer and his staff. The pickupshall have a minimum engine capacity of 2700cc.The Contractor shall licence and comprehensively insure the vehicle for use within Kenya byauthorised passengers and for the carriage of goods and samples, during working hours andwhenever required by Engineer thereafter. The contractor shall pay all tools; provide fuel, oil,maintenance including replacing defective parts, tyres and tubes whenever required, inconformity with the vehicle manufacturer's recommendations or as may be instructed. Thevehicles shall be fuelled, oiled, maintained, and serviced regularly until released by theEngineer upon the end of the Contract.The Contractor shall provide similar temporary replacements for the vehicle when beingrepaired, serviced or otherwise not at the disposal of the Engineer. Any delays or costs causedby the vehicle not being available to the employer shall be borne by the contactor.141 MEASUREMENT AND PAYMENTSubstitute the words “Prime Cost Sum” with “Provisional Sum” in items (i), (j), (k), and (l).142 MOBILISATION COSTSNo separate payment shall be made to the Contractor in respect of any costs he may incur whenbringing plant and equipment to the Site or in removing such plant and equipment from the Siteon completion of the Contract. Such costs shall be deemed to have been included in the ratesentered by the Contractor in the Bills of Quantities.143 ENVIRONMENTAL PRESERVATION, PROTECTION AND DAMAGE MITIGATIONThe Contractor shall ensure so far as is reasonably practicable and to the satisfaction of theEngineer that the negative impact of the maintenance and repair works on the environment shallbe kept to a minimum. The Contractor shall take appropriate measures to mitigate any adverseeffects during the period of the works within the Site. The word `environment’ in this contextshall mean the Site, including the people, water, soil, crops, animals and any growing naturalvegetation.Department R&FM 88

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013In particular the Contractor shall observe the following stipulations:143.1 Landscape Preservationa) GeneralThe Contractor shall exercise care to preserve the natural landscape and shall conduct hisconstruction operations so as to prevent any destruction, scarring, or defacing of the naturalsurroundings in the vicinity of the work. Except where clearing is required for permanent works,approved construction roads, or excavation operations, all trees, native shrubbery, and vegetationshall be preserved and shall be protected from damage by the Contractor’s constructionoperations and equipment. The edges of clearings and cuts through trees, shrubbery, andvegetation shall be irregularly shaped to soften the undesirable visual impact of straight lines.Movement of crews and equipment within the right-of-way and over routes provided for accessto the work shall be performed in a manner to prevent damage to grazing land, crops, and otherproperty.b) Construction RoadsThe location, alignment and grade of construction roads shall be subject to approval of theEngineer as specified in Section 9. When no longer required by the Contractor, constructionroads shall be restored to the original contour and made impassable to vehicular traffic. Thesurface of such construction roads shall be scarified as instructed to provide conditions that willfacilitate natural re-vegetation, enable natural drainage and prevent erosion.c) Construction facilitiesThe Contractor’s workshop, office and yard shall be located and arranged in a manner topreserve trees and vegetation to the maximum practicable extent. On completion of theWorks, all storage and construction buildings, including concrete footings and slabs, and allconstruction materials and debris shall be removed from the site. The area shall be re-graded,as required, so that all surfaces drain naturally, blend with the natural terrain, and are left in acondition that will facilitate natural re-vegetation, provide for proper drainage, and preventerosion. These stipulations shall apply in so far as the Contractor has leased the land for theduration of the Contract.143.2 Preservation of Trees and Shrubberya) PreservationAll trees and shrubbery which are not specifically required to be cleared or removed forconstruction purposes shall be preserved and shall be protected from any damage that may becaused by the Constructor’s construction operations and equipment.Special care shall be exercised where trees or shrubs are exposed to injuries by constructionequipment, blasting, excavating, dumping, chemical damage, or other operations; and theContractor shall adequately protect such trees by use of protective barriers or other methodsapproved by the Engineer. The Engineer will permit the removal of trees or shrubs only after hisprior approval.Department R&FM 89

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013b) Treatment of damageThe Contractor shall be responsible for injuries to trees and shrubs caused by his operations. Theterm “injury” shall include, without limitation, brushing, scarring, tearing, and breaking of roots,trunk, or branches. All injured trees and shrubs shall be repaired or treated without delay, at theContractor’s expenses. If damage occurs, the Engineer will determine the method of repair ortreatment to be used for the injured trees and shrubs as recommended by an experiencedhorticulturist or a licensed tree surgeon or botanical at the expense of the Contractor.Where tree climbing is necessary, the use of climbing will not be permitted. If climbing isnecessary, safety ropes will be required.c) ReplacementTrees or shrubs that, in the opinion of the Engineer, are beyond saving shall be removed andreplaced early in the next planting season. The replacements hall be the same species, or otherapproved species, and of the maximum size that is practicable to plant and sustain growth in theparticular environment. Replacement trees and shrubs shall be guyed, watered, and maintainedduring the Contract.143.3 Prevention of Water Pollutiona) GeneralThe Contractor's construction activities shall be performed by methods that will prevententrance, or accidental spillage, of solid matter, contaminants, debris, and other pollutants andwastes into streams, flowing or dry watercourses, lakes, and underground water sources. Suchpollutants and wastes include, but are not restricted to, refuse, garbage, cement, concrete,sanitary waste, industrial waste, radioactive substances, oils, bitumen and other petroleumproducts, aggregate processing tailing, mineral salts, and thermal pollution.b) WastewaterWastewater from concrete batching, or other construction operations shall not be allowed toenter streams, watercourses, or other surface waters without the use of such turbidity controlmethods as settling ponds, gravel-filter entrapment dikes, approved flocculating processes thatare not harmful to fish, reticulation systems for washing of aggregates, or other approved,methods.Any such wastewater discharged into surface waters shall contain the least concentration ofsettleable material possible. For the purpose of these specifications, settleable material is definedas that material which will settle from the water by gravity during a 1-hour quiescent detentionperiod.c) Compliance with laws and regulationsThe Contractor shall comply with applicable local laws, orders regulations, and water qualitystandards concerning the control and abatement of water pollution.Department R&FM 90

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013143.4 Abatement of Air PollutionThe Contractor shall comply with applicable local laws and regulations concerning the preventionand control of air pollution.In the conduct of construction activities and operation of equipment, the Contractor shall utilisesuch practicable methods and devices as are reasonably available to control, prevent, andotherwise minimise atmospheric emissions or discharges of air contaminants. The emissions ofdust into the atmosphere will not be permitted during the handling, and storage of concreteaggregates, and the Contractor shall use such methods and equipment as are necessary for thecollection and disposal, or prevention, of dust during these operations. The Contractor’s methodsof storing and handling cement and pozzolanas shall also include means of eliminatingatmosphere discharge of dust.Storage and handling of flammable and combustible materials, provisions for fire prevention, andcontrol of dust resulting from any drilling operations shall be in accordance with the applicableprovisions of construction industry safety standards.143.5 Dust AbatementDuring the performance of the work required by these specifications, the Contractor shall reducethe dust nuisance which has originated from his operations to alleviate damage to vegetation andwildlife or causing a nuisance to persons. The Engineer may direct additional sprinkling or othermeasures for dust abatement if necessary to obtain adequate control.143.6 Noise AbatementThe Contractor shall comply with applicable local laws, orders, and regulations concerning theprevention, control and abatement of excessive noise.143.7 Cleanup and disposal of waste materialsThe Contractor shall, at all times, keep the construction areas, including storage areas used byhim, free from accumulations of waste materials or rubbish.Prior to completion of the works, the Contractor shall remove from the vicinity of the works allplant facilities, buildings, unused materials, concrete forms and such like material, belonging tohim or used under his direction during construction.Any residue deposited on the ground from washing out transit mix trucks or any similar concreteoperations shall be cleaned up and disposed of in a manner acceptable to the Engineer.In the event of the Contractor's failure to comply with this sub-clause 143.7 , the Employer at theexpense of the Contractor, shall perform the work.143.8 Fire protection and preventionThe Contractor shall prepare and carry out an effective fire-protection and prevention programcovering all phases of construction under this contract. The plan shall be submitted to theEngineer, prior to the start of construction operations. At the option of the Contractor, the fireprotectionand prevention program may be incorporated into a safety program.143.9 Other Clauses on EnvironmentIn addition to sub-clauses 143.1 to 143.8 of these Specifications the Contractor's attention isdrawn to the following requirements of the Standard Specification vis-à-vis to the environment:Department R&FM 91

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013Clause 107:Clause 115:Clause 116:Clause 117:Clause 136:Clause 605:Clause 607:Certificate of CompletionConstruction GenerallyProtection from WaterHealth, Safety and AccidentsRemoval of CampsSafety and Public Health RequirementsSite Clearance and Removal of Topsoil and Overburden143.10 Measurement and PaymentNo separate measurement and payment shall be made for complying with sub-Clauses 143.1 to143.8. The cost of all work required by these sub-Clauses shall be included in the Contractor'srates.Department R&FM 92

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION FOUR - SITE CLEARANCE AND TOP SOIL STRIPPING401 Site Clearance(a) Site clearance shall be carried out beyond the instructed width, except for some trees asdirected by the Engineer.402 Removal of TopsoilTopsoil shall include the top 150mm or any unsuitable material encountered in existing or newlyinstructed drains, drainage channels, accesses or in the existing road alignment.Department R&FM 93

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION FIVE - EARTHWORKS505 CONSTRUCTION OF EMBANKMENTSAmend as following:505.1 Suitable and Unsuitable MaterialMaterial with high swelling characteristics or high organic content and any other undesirablematerial shall not be used.The requirements for embankment fill are as follows:(i)The CBR value at 100% MDD (AASHTO-T99) after 4 days of soaking shall be minimum5 and the swell shall not exceed 2.5%.(ii) The organic matter content shall be less than 3%.(iii) The maximum dry density after AASHTO-T99 shall not be less than 1400kg/m3(iv) All clays of Liquid limit exceeding 80 and/or Plasticity index exceeding 30 shall beexcluded from embankment.Only material approved by the Engineer shall be used for construction of embankment fills.505.2 Soft Material for SubgradeMaterial for the upper-300 mm of soft subgrade cut/fill shall meet the following requirements:(i) The Plasticity Index (PI) shall not exceed 30.(ii)The CBR-value at 100% MDD (AASHTO-T99) after 4 days of soaking shall be minimum7% and swell shall not exceed 2%.(iii) The organic matter content (percentage by weight) shall be less than 3%.(v) The maximum dry density after AASHTO-T99 shall not be less than 1400 kg/m 3 .(v)(vi)The material shall not contain particles of sizes exceeding 2/3 of the lift thicknesses.The subgrade shall be laid in 2 layers of 150 mm each.If in-situ material of the upper 300 mm of subgrade soil in cuttings or existing fillings does notmeet the above requirements it shall be cut and carted to spoil and substituted with suitablematerial.505.3 Suitable Subgrade MaterialIt is foreseen that suitable material for subgrade fill will be taken from borrow pits, in particularfor the road sections in flat areas. Suitable subgrade material will be won from the followingsources:(i) Extension of designated subbase material sites.(ii) Designated earthworks material sites(iii) Side borrows(iv) CuttingsDepartment R&FM 94

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013Add the following Clause505.4 Improved SubgradeImproved subgrade shall be provided, spread and compacted in the thickness, shown in thedrawing or as instructed by the Engineer. The material used for construction of improvedsubgrade shall meet the requirement of Clause 505.2 of this Special Specification.Improved subgrade material shall be compacted to 100% MDD (AASHTO T.99) in layers notexceeding 150 mm thickness.506 SWAMPSAmend the following506.1 Identification of SwampsIdentification and classification of swamps shall be made by the Engineer.In addition, pockets of expansive clays may exist along the entire alignments.The above sections shall be treated in conformity with provisions of Clauses 505.1, 505.2 and505.3 herein.506.2 Soft SpotsMinor soft spots detected during earthworks operations shall be repaired at the spot by excavationand refilling with approved material without extra payment.511.1 BORROW PITSAmend the following511.2 Working of gravel borrow pits in the Park517 MEASUREMENT AND PAYMENTAmend the following:517.1 Borrow Pit MaterialsExclude measurement and payment of the following items:(i)(ii)Site clearance of borrow areas and access road.Removal of top soil from borrow areas(iii) Construction of access roads to borrow areas(iv)Removal to spoil from borrow areas.517.2 Other Pay-ItemsThe pay-items listed in the Bills of Quantities shall be measured and paid in conformity with theStandard Specification. No extra payment shall be made for conformity with these provisions.Department R&FM 95

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013Add the following measurement and pay items:517.3 Item: Improved SubgradeUnit: M 3The rate for improved subgrade material shall include for the cost of excavating the material fromborrow pit, transporting a free haul of 1.0 km and depositing the material as top layer ofembankment, trimming, shaping and compacting and complying with the requirements ofClauses 502, 505, 505.3, 508, 509, 511, 512 and 513 of Standard and Special Specifications.517.4 Item: Grading of formation where no gravel material is laidWhere instructed by the Engineer that the formation shall be completed without addition of anywearing course then the contractor shall finish off the top of the roadway subgrade by grading.Grading is the restoration of the road profile and side drainage with a motor grader of at least120HP, watering and rolling to achieve the required compaction.The works comprise the removal of landslips form with the limits of the roadway and side drains,the reshaping of the longitudinal profile of the roadway, including the removal of ruts, humps andwindrow, and the filling of potholes, the reshaping of the roadway and ditches to the specifiedcross-section template, as directed by the engineer, including the reinstatement of existing sideditches and drains and the excavation of new side ditches, clearing of all lose materials from sideslopes to fills and cuts and generally ensuring that the top of the formation is correct to line andlevel, within the Engineers directed tolerances.Grading shall involve the scarifying of the top 150mm of the roadway subgrade, watering,mixing, shaping and compaction to 95% MDD (AASHTO T99Measurement and PaymentUnit: m 2The measurement shall be the area of carriageway graded, measured net according to thespecified width and measured length graded.SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS601 GENERALDuring the pre –tender site visit at the request of prospective bidders before the bid submissiondate the employer shall indicate whether quarries, borrow pits and spoil areas are available insidethe Park.If these are not available inside the Park the Contractor will be entirely responsible for locatingsuitable sources of materials complying with the Standard and Special Specifications, and for theprocurement and haulage to site of these materials and all costs involved therein. Similarly thecontractor will be responsible for the provision and costs involved in providing suitable areas forstockpiling materials and spoil dumps. Should there be suitable sites for spoil dumps or stockpileswithin the road reserve forming the site of the works the Contractor may utilise these subject tothe approval of the Engineer.No additional payment will be made to the Contractor to cover costs arising from therequirements of the second paragraph of this Clause and the Contractor must include these costsin the rates inserted into the Bills of Quantities.Department R&FM 96

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013602 CONSTRUCTIONWhere water supplies are adequate inside the Park the contractor shall be allowed to access themfor use in the works These sources subject to the approval of the park wardenDepartment R&FM 97

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES703 EXCAVATION OF FOUNDATIONS FOR STRUCTURESUnless otherwise instructed by the Engineer, all excavated surfaces in material other than hardmaterial, on which foundations for structures shall be placed, shall be compacted to 100% MDD(AASHTO T.99) immediately before structures are constructed.Paragraph 4, last line: - Replace "95%" with "100%".707 BACKFILLING FOR STRUCTURESUnless otherwise instructed by the Engineer, all backfilling material shall be compacted to aminimum of 100% MDD (AASHTO T.99).Department R&FM 98

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION EIGHT - CULVERT AND DRAINAGE WORKS801 SCOPE OF SECTIONThe operations specified in this section apply to the installation, reinstatement and improvementof the drainage works. In general, this Section covers: -(i) Replacement of existing pipe culverts or broken pipes(ii) Installation to line and level of pipes.(iii) Construction and installation of drainage protection works, including stone pitching andgabions.(iv) Improvement and reshaping of the side drains and mitre drains to free flow conditions.(v) De-silting and cleaning of existing pipe culverts, their inlet and outfall drains to freeflowing conditions.804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKSIn the Standard Specifications, make the following amendments: -In paragraph 6, line 3, and in paragraph 7, line 5 and in paragraph 11, line 6, delete "95%" andinsert "100%".805 EXCAVATION IN HARD MATERIALIn the Standard Specifications, Sub-clauses 805(a) and 805 (b) delete "95%" and insert "100%".In sub-clause 809(a), paragraph 1, line 1, and substitute "95%" with "100%".In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and shaped"insert the words "to 100% MDD (AASHTO T.99)".809 BEDDING AND LAYING OF PIPE CULVERTSThe rates inserted shall allow for compaction of the bottom of excavation to 100% MDD(AASHTO T.99).810 JOINTING CONCRETE PIPESUnless the Engineer approves otherwise the concrete pipes for the culverts will be jointed by 1:2cement: sand mortar and provided with fillets on the outside as described in clause 810 of theStandard Specification.817 IMPROVEMENT TO EXISTING DRAINAGE WORKS817.1 De-silting of Pipe CulvertsWhere instructed, the Contractor shall desilt the existing pipe culverts through removing all thematerial from the pipe to make them clean and free flowing.Department R&FM 99

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013817.2 Cleaning Existing DrainsIn areas of existing side drains, mitre or outfall drains where such are blocked or overgrown withvegetation, the Engineer shall instruct the Contractor to clean and clear the drains to free flowingcondition. The operations shall comprise the following:(a)(b)(c)Stripping and removing of any extraneous material to spoil including vegetation androots in the drains to the satisfaction of the engineer.Spreading of any spoil to the satisfaction of the Engineer.Shaping the drains to free flowing condition as directed by the Engineer.Payment for de-silting of pipe culverts and cleaning drains shall be by m and m3 respectively asthe length and product of plan area and vertical depth of extraneous material instructed to beremoved. No extra payment will be made for removal of vegetation and roots.817.3 Stone PitchingStone pitching to drains, inlets and outlets of culverts to embankments and around structures shallconsist of sound unweathered rock approved by the Engineer.The stone as dressed shall be roughly cubical in shape with minimum dimensions of 150 x150mm for normal thickness of 150mm pitching.The surface to receive the pitching shall be compacted and trimmed to slope and the stone handlaid, inter locked and rammed into the material to give an even finished surface.The surface to receive the pitching shall be compacted and trimmed to slope and the stone handlaid, interlocked and rammed into the material to give an even finished surface. The stonepitching shall then be grouted with mortar as directed or with approved concrete mix817.4 GabionsGabions shall be constructed in accordance with clause 711 of the standard Specification.817.5 Spoil MaterialThe Contractor shall be responsible for removal from site of all materials excavated in the courseof undertaking works in this section of the specifications, unless suitable for re-use, and depositof the material in a spoil dump to be approved by the Engineer.818 REPLACING OF PIPESWhere instructed, Contractor shall remove existing pipes and replace them with 600mm diameterpipes. The void left shall be widened as necessary to accommodate new concrete bedding, pipeand haunching.The installation of pipe culverts shall be done prior to commencement of any earthworksnecessary for road widening.Department R&FM 100

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013Payment for the excavation shall be the difference between the void left after removal andexcavation necessary to accommodate new pipe culverts. If the pipe culverts are laid after theroad widening then the widened length shall not be considered for the excavation payment.819 SCOUR CHECKSScour checks are to be constructed in mass concrete in accordance with clause 818 of thestandard Specifications and the drawings as shall be provided.Department R&FM 101

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 9 - PASSAGE OF TRAFFIC901 SCOPE OF THE SECTION TRAFFIC CONTROL AND DEVIATIONSDelete Sub-Clause 901(b) entirely and substitute as follows:b) During the contract the contractor shall provide to the satisfaction of the Engineeradequate warning signs, temporary restriction signs, advance warning signs, lights,barriers, temporary bumps and any other device and personnel equipped with necessaryemblems to ensure the safe passage of traffic along the deviations and existing roadsadjacent to the works.902 IMPROVEMENT TO THE EXISTING ROADWhere instructed by the Engineer, Contractor shall improve the existing road by: -(i)ii)By providing gravel material similar to that used for gravel wearing course. The Contractorshall clean the loose material on shoulder, compact the existing surface, bring in gravelmaterial, spread and compact it to 100% MDD AASHTO T99.Providing warning and direction signs.In Bill of Quantities, appropriate items have been provided to cover above works. Unit ofmeasurement for item (i) shall be m³, while for item (i) shall be by number provided under theBill 20, notwithstanding stipulations of Section 912 (a) of the Standard Specifications.906 PASSAGE OF TRAFFIC THROUGH THE WORKSAdd the following to the last paragraph:`Any damage caused by passing traffic through the works shall be made good at the contractor'sown cost.’909 ASSISTANCE TO PUBLICIn addition to provision of clause 909, Contractor shall maintain close liaison with the Employerin order to maintain smooth and safe flow of the traffic.Department R&FM 102

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 10 – GRAVEL WEARING COURSE1003 MATERIAL REQUIREMENTSAmend as follows:1003.1 Class and Quality of material(a)GradingThe material for gravel wearing course after placing and compaction shall comply forgradation with Class 2 gravel(b)Plasticity requirementsThe fraction of material passing the 0.425mm (No. 40) sieve shall have a plasticity index (PI)between 5% - 30% and plasticity modulus not exceeding 1200(c)CBR ValueThe soaked CBR value at 95% MDD (AASHTO T180) shall not be less than 20%(d)Laying and compactingThe material shall be deposited in such quantity and spread, uniformly watered, compactedand trimmed in a uniform layer across the full width instructed so that the final compactedthickness shall nowhere be less than 150mm or as otherwise instructed by the Engineer. Themoisture content during compaction shall be between 80% and 105% of the optimum moisturecontent (AASHTO T 180). Following the final trim the material shall be compacted to a drydensity of at least 95% MDD (AASHTO T 180).(e)Sources of materialThe material shall be selected from borrow pits located near the Site, of suitable quality andapproved by the EngineerDepartment R&FM 103

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 15 - BITUMINOUS SURFACE TREATMENTSPART A - GENERAL1501A GENERALDetails of the spray rates for bitumen and the spread rates for chippings will be directed by theEngineer but the under listed is anticipated and can be used for guidance purpose i.e.a) Chippings14/20mm size pre-coated chippings at a spread rate of 75-90 square metersper cubic meter as First Seal on Shoulders.6/10mm size pre-coated chippings at spread rate of 100-130 square metersper cubic meter as Second Seal on Shoulders.10/14mm size pre-coated chippings at a spread rate of 85-100 squaremeters per cubic meter as Single Seal on Carriageway.b) Bitumen Spray Rates1.1 – 1.3 l/m 2 for the first seal0.9 - 1.1 l/m 2 for the second seal1.0 - 1.2 l/m 2 for the single sealThe Average Least Dimension (ALD) shall be determined in the field after crushing the rock forchippings and then determine the actual spray rates and chipping spread ratesPART B - PRIME COAT AND TACK COAT1502B MATERIALS FOR PRIME COAT AND TACK COAT.For prime coat, the binder shall be a medium-curing cutback MC 30 unless otherwise directed bythe Engineer.The rate of spray of bituminous prime coat refers to the gross volume of the cutback bitumen, thatis to say the volume of the bitumen plus dilutants.The rates of spray of the prime coat shall be as instructed by the Engineer and shall generally bewithin the range 1.0-1.2 litres/square metrePrime coat shall be applied to all gravel areas that are to receive double seal surface dressing orbituminous mixes as directed by the Engineer.The tack coat shall consist of bitumen emulsion K1-60 unless otherwise directed by the Engineer.Department R&FM 104

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013The rates of spray of the tack coat shall be as instructed by the Engineer and shall generally bewithin the range 0.5-0.8 litres/square metre.PART C – SURFACE DRESSING1502C MATERIALS FOR SURFACE DRESSINGBinderThe bituminous binder shall be 80/100 penetration grade bitumen cut-back with kerosene fuel inaccordance with prevailing road temperatures, and conforming to Clause 211 of the StandardSpecification.ChippingsChippings shall be of class 2 material and shall comply in all respects with Clause 1502C of theStandard Specification. The contractor’s attention is drawn to the requirements of Clause 1502Cand 1504C of the Standard Specification with regard to cleanliness and dust content of chippingsfor surface dressing. Should it prove necessary in the Engineer’s opinion to wash chippings, noextra payment will be made to the contractor for this operation1503C SPRAY AND SPREAD RATES OF BITUMEN AND CHIPPINGS.Spray and Spread Rates for bitumen and chippings cannot be calculated until samples of thechippings to be used are available for test.After submission of samples and completion of laboratory tests on chippings and binder, thecontractor shall in the presence of the Engineer and the Chief Materials Engineer orrepresentatives, lay trial sections of seal at various rates of spray and spread as directed by theEngineer and in accordance with clause 1503C of the Standard Specification.Should any change occur in nature of source of chippings or bitumen, the contractor shall advicethe Engineer accordingly who will then decide if any revisions are required to the spray andspread rates.If any changes are required, the Contractor shall carry out further trials as instructed by theEngineer.Payment for binder and chippings will be based on the instructed spray and spread rates usedwhich may not necessarily be those specified. The Engineer will specify the spray rates ofbitumen as residual bitumen per square meter. Actual spray rates used by the Contractor must beadjusted to compensate for any cutter added.Department R&FM 105

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-20131505C PRECOATED CHIPPINGSChippings utilized for surface dressing works under this contract shall be pre-coated inaccordance with clause 1505C of the Standard Specification. The binder used for pre-coatingchippings shall be MC 30 cut-back bitumen.The amount of bituminous binder used to pre-coat chippings will be as instructed by the Engineerand will normally be between 0.4% and 1.0% residual bitumen as percentage of the total dryweight.Prior to laying any pre-coated chippings the Contractor shall prepare trial mixes of bitumen andchippings in the presence of the Engineer. After completion of trial mixes the Engineer shallissue written instructions to the Contractor indicating the amount of binder to be added in precoatedchippings. The Contractor shall maintain this proportion unless the surface or nature of thechippings changes when the Contractor shall repeat the trials and the Engineer will issue revisedinstruction.No separate payments shall be made for the precoating exercise. The contractor shall haveincluded in his rates the cost of complying with this clause.1511C MEASUREMENT AND PAYMENT(a)Seal coatSeal coats shall be measured by the litre, for each type of bituminous binder for each seal coat,calculated as the product of the area in square metres sprayed and the rate of application inlitres/square metres, corrected to 15.6 o C.(b) Precoated ChippingsChippings shall be measured by the cubic metre of each nominal size for each class calculated asthe product of the area in square metres covered and the reciprocal of the instructed rate ofapplication in square metres/cubic metre or the actual rate of application in square metres/cubicmetre whichever calculation gives the lower volume.Department R&FM 106

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 16BITUMINOUS MIX BASES, BINDER COURSES AND WEARING COURSESAll Bituminous mixes works shall be done in accordance with the standard specifications.1602B MATERIALS FOR ASPHALT CONCRETEa) AggregateCourse aggregate (retained on a 6.3mm sieve) shall be entirely crushed rock of ‘class b’ of0/20mm grading for Binder Course as per the Standard Specifications.1603B GRADING REQUIREMENTSThe grading of the mixture of coarse and fine aggregate shall be within and approximatelyparallel to the grading envelopes given in Table 16B-1(b), for 0/14mm as specified for bindercourse, as described below.To arrive at a suitable design it is necessary to investigate a number of gradings so that aworkable mix which also retains a minimum of 3 % voids at refusal density is identified.The largest particle size used should not be more than 25mm so that the requirements of theMarshall test method can be complied with.Although the complete range of nominal maximum particle sizes is shown in the Tables, thetotal thickness of material laid should not be less than 75mm.1604B REQUIREMENTS FOR ASPHALT CONCRETEThe mixture shall comply with the requirements given in Table 16B-2 as specified in theSpecification. In addition, minimum Marshall Stability for 2 x 75 blows shall be 9 kN andmaximum 18 kN and at compaction to refusal shall have 3% VIM.The proportion, by weight of total mixture, of bitumen shall be 5.0 – 6.5 % for 0/14 mm and4.5 – 6.5 % for 0/20mm. This shall be termed the nominal binder content. The bindercontent of the working mix will be instructed by the Engineer following laboratory and sitetrials.In order to determine the suitability of a coarse aggregate source a Marshall test programmeshall be carried out. It will be advantageous to use a crushed rock which is known from pastexperience to give good results in this test procedure. A grading conforming to the Type IBinder Course detailed in Table 16B-1(a) 0/20 of this Specification should be tested (but with100% passing the 25mm sieve) and it shall meet the requirements of Table 16B-2 of thisSpecification.Having established the suitability of the aggregate source several grading shall be tested inthe laboratory, including that used for the Marshall test, to establish relationships betweenbitumen content and VIM at refusal density. For each mix, samples will be made up to arange of bitumen contents and compacted to refusal using a gyratory compactor and avibratory hammer in accordance with the procedure described in BS 598 (Part 104: 1989),with one revision.It should first be confirmed that compaction on one face of the sample gives the same refusaldensity as when the same compaction cycle is applied to both faces of the same sample. Theprocedure which gives the highest density must be used.Department R&FM 107

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013From the bitumen content-VIM relationship it will be possible to identify a bitumen contentwhich corresponds to VIM of 3 - 7%. If it is considered that the workability of the mix maybe difficult then compaction trials should be undertaken. It is advisable to establish two ormore gradings for compaction trials.The mixes identified for compaction trials should be manufactured to the laboratory designbitumen content and to two other bitumen contents of +0.5% and +1% additional bitumen.Cores will be cut to determine the density of the compacted material; having completed thiscore will then be reheated to 145+/-5C in the appropriate mould and compacted to refusal inthe vibrating hammer test. To be acceptable the cores cut from the compaction trial musthave a density equivalent to at least 95% of refusal density.The compaction trials will identify a workable mix which can be made to a bitumen contentwhich gives 3% VIM at refusal density.1606B COMPACTIONRolling shall be continued until the voids measured in the completed layer are in accordancewith the requirement for a minimum density of 98% of Marshall optimum, or, a minimummean value of 95% of refusal density (no value less than 93%) as appropriate.1607B MEASUREMENT AND PAYMENTDelete Clauses 1607B (b), (c) and (d).The rate inserted for Asphalt Concrete shall include for all materials used in the production ofAC meeting specifications.Department R&FM 108

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION XII: DRAWINGSDepartment R&FM 109

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.1 - CROSS SECTION A (MINOR STANDARD CROSS-SECTION)0.3Min.0.601.20 Carriageway 5.40 1.2 0.6 Min. 0.502.72.78%8% (compacted)0.3Gravel Layer = 0.12 compacted (0.20on special sections)BackslopeMin. 3 : 2Max. 3 : 1NOTE:- ALL SPECIFIED DIMENSIONS IN m.- TRAFFIC LEVELS OF MORE THAN 200 VPD MAYJUSTIFYDepartment R&FM 110

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.2 - CROSS SECTION B (REDUCED CROSS-SECTION)0.30Min. 0.50 0.401.00 Carriageway 4.50 1.00 0.402.252.258%8% (compacted)NOTE: - ALL SPECIFIEDDIMENSIONS IN m.Gravel Layer - 0.10 compacted(0.20 on special sections)BackslopeMin. 3 : 2Max. 3 : 10.30Department R&FM 111

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.3 - MITRE DRAINSDepartment R&FM 112

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.4 - SCOUR CHECKSDepartment R&FM 113

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.5 - DIMENSIONS OF SCOUR CHECKS FOR STANDARD DRAIN(0.20)STONE WEIGHT: MIN.10KGSTAKE DIAMETER: MIN.Department R&FM 114

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.6 - MASONRY SCOUR CHECKS2400(2000)400 250300 100 250300300A600(400)1200 (1000350CARRIAGEWAA - AAA SECTION OF MASONRY SCOUR CHECKS400BACKSLOPE300200CARRIAGEWAYBACKSLOPESLOPEFlow150SLOPEPLAN OF DRAIN WITH EROSION CHECKSQUANTITIESTABLECross-SectionSizes in mmLength Width DepthExcav.(m 3 )Stonemasonry (m 3 )Apronstonepitching(m 3 )A 2400 200 550 0.22 0.25 0.18B 2000 200 500 0.18 0.2 0.14Department R&FM 115

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.7 - CULVERT ENTRY / EXIT STRUCTURE TYPESTYPE 1 (ENTRY AND EXIT)TYPE 3 (ENTRY AND EXIT)B1B1TYPE 2 (ENTRY ONLY!)TYPE 4 (ENTRY AND EXIT ON ACCESS)B2B1NOTE:Coding system has been used in describing the standardised designs ofthevarious culvert entry and exit structures. The code names consist of anumberto specify shape and function as elaborated in above while the usedconstruction materials are identified through an alphabetic symbol asfollows:A = Concrete blockB = Stone masonryC = Dressed stonesAn example code of “B2” would therefore stand for a drop inlet typestructure to be built in stone masonry.Department R&FM 116

iB - B diA - ARehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKFIGURE C.8 - HEADWALL TYPE 1(HEAD ANDWINGWALLS)Overfill:min. = 3/4 ofpipe diametervariablemin. =variablemax. = 0.40mDMasonryorConcreteblockswingwallsebbConcrete1:3:6Concrete1:2:4900TYPE B(STONEMASONRY)600DIMENSIONS AND MATERIAL REQUIREMENTSTYPE A(CONCRETE(M)450BLOCKS 600 900 450g D gk0.600.402.891.200.200.400.301.390.401.500.400.302.351.000.200.400.301.150.401.200.400.302.201.000.200.400.301.150.401.050.300.402.891.200.200.200.301.390.201.500.300.302.351.000.200.200.301.150.201.200.300.302.201.000.200.200.301.150.201.05UNITmmmmmmmmmFOUNDATIONFOUNDATIONFOUNDATIONAPRONAPRONWALLWALLWALLWALLAPRONDIMENSIONabcdePLANfgBhIk60oTender No. KWS/OT/R&F/02/2012-2013dMATERIAL REQUIREMENTg D g1.030.420.40.510.320.3m 31.350.930.80.670.470.4m 30.530.360.330.530.360.33m 3FOUNDATIONHEAD/WINGWA(Concrete)(Concrete/Maso LLSnry)APRON(Concrete)CULVERT PIPESNo. of Pipes6.00X-SECTIONWIDTH4.50A ABf7.005.50ca8.006.50Department R&FM 117

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.10 - HEADWALL TYPE 3A (CONCRETE BLOCKHEADWALLS)A - ACONCRETE 1:3:6ni kiDm D mo locB -BhiFlush to earth roadvariablemax. =Overfill:min. = 3/4 ofpipe diameterebdMASONRYMASONRY ORCONCRETE 1:3:6eabvariablemax. = 0.40mDIMENSIONS AND MATERIAL REQUIREMENTSPIPE DIAMETER IN (M)abcdefghIklmnoDIMENSIONFOUNDATIONFOUNDATIONFOUNDATIONAPRONAPRONHEADWALLHEADWALLHEADWALLHEADWALLHEADWALLFOUNDATIONFOUNDATIONHEADWALLFOUNDATIONUNITmmmmmmmmmmmmmMATERIAL REQUIREMENTFOUNDATION(Concrete)HEAD/WINGWALLS(Concrete/Masonry)APRON(Concrete)m 3m 3m 3TYPE A(CONCRETE BLOCKS4500.500.301.550.600.200.200.500.400.201.050.950.251.450.300.230.310.956000.500.301.700.600.200.200.500.400.201.201.100.251.600.300.190.340.99Department R&FM 119

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.11 - HEADWALL TYPE 3B (STONE MASONRY HEADWALLS)A - AMASONRYMASONRYCONCRETE 1:3:6f DfDh hg D gCvariablemax. = 0.40mConcreteebB -diaFlush to earthvariablemax. =Overfill:min. = 3/4 ofpipebabcdefghImPIPE DIAMETER IN (M)DIMENSIONFOUNDATIONFOUNDATIONFOUNDATIONAPRONAPRONHEADWALLHEADWALLHEADWALLHEADWALLFOUNDATIONUNITmmmmmmmmmTYPE B(CONC. BLOCKS)4500.400.301.550.900.200.750.500.300.401.05MATERIAL REQUIREMENTFOUNDATION(Concrete 1:3:6) m 3 0.19HEAD/WINGWALLS(Concrete/Masonry)APRON(Concrete 1:2:4)m 3m 30.620.196000.400.301.700.900.200.750.500.300.401.200.20.690.22Department R&FM 120

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.12 - HEADWALL TYPE 4 ( FOR ACCESS CULVERTS)Concrete1:3:6B -B d ivariablemin. =Overfill:min. = 3/4of pipelebConcretePIPE DIAMETER IN (M)abcdefghIkIDIMENSIONFOUNDATIONFOUNDATIONAPRONAPRONAPRONWINGWALLSWINGWALLSHEADWALLSHEADWALLSHEADWALLSHEADWALLSDIMENSIONS AND MATERIAL REQUIREMENTSUNITmmmmmmmmmmTYPE A(CONCRETE BLOCKS450 600 9000.300.301.340.600.200.200.100.690.200.650.400.300.301.490.600.200.200.100.690.200.800.40TYPE B(STONE MASONRY)450 600 9000.400.301.340.600.200.400.100.690.400.650.400.400.301.490.600.200.400.100.690.400.800.40MATERIAL REQUIREMENTFOUNDATION(Concrete 1:2:4,1:3:6)m 30.180.20.240.26HEAD/WINGWALLS(Concrete/Masonry)m 30.25 0.29 0.50 0.58APRON(Concrete)m 30.12 0.14 0.12 0.14Department R&FM 121

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.13- BEDDING AND HAUNCH PROFILES TYPES I & IIPROFILE I(CONCRETE)PROFILE II(CONCRETE)ffDDebhebhadaadaDiameter(D)450(mm)600(mm)900(mm)Dimensions in (m)a 0.15 0.2 0.2b 0.1 0.15 0.15c 0.86 1.12 1.48d 0.56 0.72 1.08e 0.14 0.18 0.27f (min.) 0.34 0.45 0.68g - - -h 0.24 0.33 0.42i - - -ConcreteApplicationRemarksVolume in (m3/m)0.16 0.3 0.48- Fair subgrade condition;- Overfill > ¾ Diameter;- Seasonal waterflow only.c- Use gravel material for back/overfill.450(mm)600 (mm)900(mm)Dimensions in (m)0.15 0.2 0.20.1 0.15 0.150.86 1.12 1.480.56 0.72 1.080.28 0.36 0.540.34 0.45 0.68- - -0.38 0.51 0.69- - -Volume in (m3/m)0.2 0.37 0.56- Fair to poor subgradeCondition;- Overfill > ¾ Diameter;- Seasonal waterflow only.- Use gravel material forback/ overfill.cDepartment R&FM 122

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.14 - BEDDING AND HAUNCH PROFILES TYPES III & IVPROFILE III(CONCRETE)PROFILE IV(CONCRETE)iifigfggeDheDhbbadaadaccDiameter(D)450(mm)600(mm)900(mm)Dimensions in (m)a 0.15 0.2 0.2b 0.1 0.15 0.15c 0.86 1.12 1.48d 0.56 0.72 1.08e 0.42 0.54 0.81f (min.) 0.23 0.3 0.45g - - -h 0.52 0.69 0.96i - - -ConcreteApplicationRemarksVolume in (m3/m)0.26 0.47 0.71- Fair subgrade condition;- Overfill > ¾ Diameter;- Seasonal waterflow only.- Use gravel material for back/overfill.450(mm)600 (mm)900(mm)Dimensions in (m)0.15 0.2 0.20.1 0.15 0.150.86 1.12 1.480.56 0.72 1.080.46 0.52 0.780.15 0.15 0.150.15 0.15 0.150.81 1.02 1.380.28 0.35 0.45Volume in (m3/m)0.37 0.61 0.92- Fair to poor subgradeCondition;- Overfill > ¾ Diameter;- Seasonal waterflow only.- Use gravel material forback/ overfill.Department R&FM 123

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.15 ACCESS DRIFT1.5 1.50 A 1.5 1.5x1.200.600.601.80150mmGROUTEDDxPLANECB30015020X-SECTION X-XSTONE MASONRY TOESON FOUR SIDES OFSTRUCTURE(200X300mm)CrosssectionABQUANTITIES TABLE150mmGroutedstonepitchingDIMENSIONSStoneA B C D EmasonryExcavation (m 3 )(m3)(m3)4000 1800 600 1800 4200 7.50 1.30 21.756000 1800 600 1800 4200 10.00 1.60 30.154000 1400 400 1800 3600 7.00 1.20 18.306000 1400 400 1800 3600 9.00 1.50 25.50Department R&FM 124

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013FIGURE C.17 - PUBLICITY SIGNBOARD25mmthicknessEMPLOYER:KENYA WILDLIFE SERVICE2502504001800300 120050010PROJECT TITLE:REHABILITATION OF………….600FINANCED BY:OVERALLRESPONSIBILITY:250REHABILITATIONSUPERVISION:250MAINCONTRACTOR:250460034004000SUBCONTRACTOR:600150 x 50 mmtreatedsoft wood150 x 50 mmtreated3001500 25050x150 mmtreatedsoftwood600WHITE450 45BLACKNOTES1. The wording of the project signboard and the location to be installed to be as directed by theEngineer2. Materials to be used for fabrication of signboard shall be pressure impregnated treatedsoftwood timber sizes as indicated in the drawing3. Wording boards to be nailed to the posts using nails.4. Project board posts and struts to be embedded in concrete ratio 1:2:45. The wording of the project signboard and the location to be installed to be as directed by theDepartment R&FM 126

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/02/2012-2013SECTION 13: BILLS OF QUANTITIESDepartment R&FM 127

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/.../2012-2013PREAMBLE TO BILLS OF QUANTITIESNotes for preparing Bills of Quantities1.0 Preamble To Bill of Quantitiesa) The Bill of Quantities shall form part of the Contract Documents and is to be read inconjunction with the Instructions to Tenderers, Conditions of Contract Parts I and II,Specifications and Drawings.b) The brief description of the items in the Bill of Quantities is purely for the purpose ofidentification, and in no way modifies or supersedes the detailed descriptions given in theconditions of Contract and Specifications for the full direction and description of workand materials.c) The Quantities set forth in the Bill of Quantities are estimated and provisional,representing substantially the work to be carried out, and are given to provide a commonbasis for tendering and comparing of Tenders. There is no guarantee to the Contractorthat he will be required to carry out all the quantities of work indicated under any oneparticular item or group of items in the Bill of Quantities. The basis of payment shall bethe Contractor’s rates and the quantities of work actually done in fulfillment of hisobligation under the Contract.d) The prices and rates inserted in the Bills of Quantities will be used for valuing workexecuted, and the Engineer will measure the whole of the works executed in accordancewith this Contract.e) A price or rate shall be entered in ink against every item in the Bill of Quantities with theexception of items, which already have provisional sums, affixed thereto. The Tenderersare reminded that no “nil” or “included” rates or “lump-sum” discounts will be accepted.The rates for various items should include discounts if any. Tenderers who fail to complywill be disqualified.f) Provisional sums (including Day works) in the Bill of Quantities shall be expended inwhole or in part at the discretion of the Engineer in accordance with Sub-clause 52.4 andClause 58 of part of the Conditions of Contract.g) The price and rates entered in the Bill of Quantities shall, except insofar as it is otherwiseprovided under the Contract, include all Constructional plant to be used, labour,insurance, supervision, compliance, testing, materials, erection, maintenance or works,overheads and profits, taxes and duties together with all general risks, liabilities andobligations set out or implied in the Contract, transport, electricity and telephones, water,use and replenishment of all consumables, including those required under the Contract bythe Engineer and his staff.h) Errors will be corrected by the Employer for any arithmetic errors in computation orsummation as follows:1) Where there is a discrepancy between amount in words and figures, the amount inwords will govern; and2) Where there is a discrepancy between the unit rate and the total amount derived fromthe multiplication of the unit price and the quantity, the unit rate as quoted willDepartment R&FM 128

Rehabilitation of Tourist Circuit Roads and Airstrip in Ruma NPKTender No. KWS/OT/R&F/.../2012-2013govern, unless in the opinion of the Employer, there is an obviously grossmisplacement of the decimal point in the unit price, in which event the total amountas quoted will govern and the unit rate will be corrected.3) If a Tenderer does not accept the correction of errors as outlined above, his Tenderwill be rejected.i) The Bills of Quantities, unless otherwise expressly stated therein, shall be deemed tohave been prepared in accordance with the principles of the latest edition of the CivilEngineering Standard Method of Measurement (CESMM).j) “Authorised” “Directed” or “Approved” shall mean the authority, direction or approval ofthe Engineer.k) Unless otherwise stated, all measurements shall be net taken on the finished work carriedout in accordance with the details shown on the drawings or instructed, with noallowance for extra cuts or fills, waste or additional thickness necessary to obtain theminimum finished thickness or dimensions required in this Contract. Any workperformed in excess or the requirements of the plans and specifications will not be paidfor, unless ordered in writing by the Engineer.l) Hard material, in this Contract, shall be defined as the material which, in the opinion ofthe Engineer, require blasting, or the use of metal wedges and sledgehammers, or the useof compressed air drilling for their removal, and which cannot be extracted by rippingwith a dozer tractor of at least 150 brake horse power (112 kilowatt) with a single, rearmounted,hydraulic ripper. Boulders of more than 0.2m 3 occurring in soft material shallbe classified as hard material.Soft material shall be all material other than hard material.Department R&FM 129

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 1: PRELIMINARY AND GENERAL ITEMSItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.1.011.021.031.041.051.06Provide and erect project publicity signboard asdirected.Provide with driver, insure, fuel, run and maintainan approved and serviceable double-cabin pick-upfor Engineer and his staff.Miscellaneous account for purchasing stationeryand other office expenses.Allow a percentage on item 103 for contractor'soverheads and profit.Provision for laboratory tests and related qualitycontrol costsAllow a percentage on item 105 for contractor'soverheads and profitNo. 1Km 48,000P.S%P.S. 1 300,000.00%1.09Allow for Engineer's staff remuneration asfollows:a) Works Supervisor Months 12 35,000.00(b) Surveyor Months 12 35,000.00(c) 2 No. Chainmen Months 12 25,000.001.10Allow a % of item 109 for contractor's overheadsand profit.%Total carried forward to SummaryPage 1

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 4: SITE CLEARANCE AND TOP SOIL STRIPPING FOR THE ACCESS ROADItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.4.01Clear site on road reserve including removal oftrees, hedges, bushes, vegetation and otherdeleterious materials, grub up roots and backfill to100% MDD (AASHTO T99) with approvedmaterial in accordance with specifications and asdirected by the Engineer.Ha 124.02 Topsoil stripping not exceeding 200mm within theroad and dispose as instructed. m 3 18,000Total carried forward to SummaryPage 2

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 5: EARTHWORKS FOR THE ACCESS ROADItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.5.015.02Provide, spread and compact approved fill(within 1km mean freehaul distance) to 95% MDD(AASHTO T99). m 3 12,150Overhaul of fill or spoil material as per theSpecifications m 3 Km 36,450Total carried forward to SummaryPage 3

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 8: CULVERTS AND DRAINAGE WORKS FOR THE ACCESS ROADSItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.8.018.02Excavate for mitre and catchwater drains in softmaterial as instructed by the Engineer. m 3 1,600Provide and install 600mm diameter concrete pipeculverts complete with excavations, fill andconcrete to bed ,surround, headwalls, aprons andwingwalls to detail. m 2028.05Provide and install 900mm diameter concrete pipeculverts complete with excavations, fill andconcrete to bed ,surround, headwalls, aprons andwingwalls to detail. m 66Total carried forward to SummaryPage 4

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 9 : PASSAGE OF TRAFFIC FOR ACCESS ROADSItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.9.01 Maintain passage of traffic through the works L.STotal carried forward to SummaryPage 5

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.BILL NO. 10 : GRADING AND GRAVEL WEARING COURSE FOR ACCESS ROADSItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.10.0110.0210.04Heavy grading to the road section includingformation, watering and compaction to at least100% MDD (AASHTO T99). m 2 90,000Provide, process and compact approved gravelwearing course to at least 95% MDD (AASHTOT180), 1.5km freehaul m 3 12,150Overhaul of gravel material in excess of 1.5kmfreehaul m 3 Km 85,050Total carried forward to SummaryPage 6

KENYA WILDLIFE SERVICEPROPOSED NEW ROAD IN RUMA N. PARK: Wiga-Nyadenda-Nyatoto plains-New Airstrip-Lambwe Road.SUMMARY OF BILLS OF QUANTITIESItemNo. Item Description Unit Qty Rate Kshs. Amount Kshs.1 General items4 Site clearance and top soil stripping5 Earthworks8 Culverts and Drainage works9 Passage of traffic10 Grading and Gravel wearing course0.00Sub-Total (VAT Inclusive)Page 7