Common use of Not Applicable Clause in Contracts

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... City/Town……………………………. Email…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (15% of the Contract Sum/completion period in months)% Sum Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & or Corridor Management Kenya National Highways Authority (KeNHA), CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION 68.4 P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... City/Town……………………………. Email…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2,000 per Day/per pothole Non- Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email: ……………………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... City/Town……………………………. Email…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: TENDER SECURING DECLARATION FORM OF BID SECURITY TENDER BANK GUARANTEE Note: SECURING DECLARATION (To be filled only by Disadvantaged groups; PERSONS WITH DISABILITY) (The bidder Bidder shall complete this form of Bank guarantee. No other Form in accordance with the instructions indicated) Date of Bid Bond or any other forms of security will be acceptedsubmission…………………………… Tender No……………………………………………………… To:…………………………………………………………………………………………………… ……………….. (Employer). Bidders who fail to comply with this requirement will be disqualified.We, the undersigned, declare that:

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2, 000 per Day/ per pothole Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email: ……………………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2,000 per Day/per pothole Non Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Penalty for not completing or protecting works within 48 hours after grading/gravelling/excavation 47.1(b) Ksh.50,000 per activity per day. Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount of 20% of Tender Sum Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.0539.4 0.05 % of Contract Price the contract price per day day. Limit of liquidated damages 47.1 41.2 5% of Contract Price price Percentage of Retention 60.3 51.1 5% of Interim Payment Certificate Limit of Retention Money 60.3 51.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 43.1 Kshs. 2, 000 per Day/ per pothole Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Interim Payment Certificate 49 Minimum PBC Monthly Amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 49.2 90 (ninety) days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 49.2 90 (ninety) days Appointer of Adjudicator 67.3 6.1.2 The Chartered Institute of Arbitrators (- Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION . Notice to Employer and Engineer 68.2 68.4 5.1 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA)Authority, P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Director - Road Asset & and Corridor Management Management, Kenya National Highways Authority (KeNHA)Authority, P.O. Box 49712 - 00100 NAIROBI The Contractor Contractor’s address is: Name…. ……………………………. P.O …… P.O. Box……………………………... . City/Town……………………………. .…… Email…:………………………………. …… Telephone…………………………… Signature of Tenderer……………………………………. Date .. Sign of Tenderer: …………………………………..…Date………………….……………… SECTION 6: FORM OF BID SECURITY FORM OF TENDER BANK GUARANTEE Note: SECURING DECLARATION (To be filled only by Disadvantaged groups; (YOUTH) (The bidder Bidder shall complete this form of Bank guarantee. No other Form in accordance with the instructions indicated) Date of Bid Bond or any other forms of security will be acceptedsubmission:…………………………… Tender No……………………………………………………… To:………………………………………………………………………………………………… …………………….. (Employer). Bidders who fail to comply with this requirement will be disqualified.We, the undersigned, declare that:

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2,000 per pothole per day Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (15% of Contract Sum/completion period in months)% Price Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted) Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 50, 000 per month per pothole Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... City/Town……………………………. Email…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable N/A Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2000 per Day/per pothole Non- Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email: ……………………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2,000 per Day/per pothole Non- Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted) Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 50, 000 per day per pothole Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (15% of Contract Sum/completion period in months)% Price Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted) Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2,000 per Day/per pothole Non Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2, 000 per Day/ per pothole Non Comformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted) Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 50,000 per day per pothole Non-Conformity to Service Levels 13.1 Compliance Deductions of 30% or more for three (3) consecutive months Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (10% of Contract Sum/completion period in months)% Sum Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION (Kenya) Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI 68.4 The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... City/Town……………………………. Email…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: TENDER SECURING DECLARATION FORM OF BID SECURITY TENDER BANK GUARANTEE Note: SECURING DECLARATION (To be filled only by Disadvantaged groups; WOMEN) (The bidder Bidder shall complete this form of Bank guarantee. No other Form in accordance with the instructions indicated) Date of Bid Bond or any other forms of security will be acceptedsubmission…………………………… Tender No……………………………………………………… To:…………………………………………………………………………………………………… ……………….. (Employer). Bidders who fail to comply with this requirement will be disqualified.We, the undersigned, declare that:

Not Applicable. Advance Payment Security 60.12 Not Applicable Amount of liquidated damages 47.1 0.05% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 2, 000 per Day/ per pothole Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.

Not Applicable. Advance Payment Security 60.12 Not Applicable Full amount of the advance in the form of Unconditional Bank Guarantee (Insurance bonds shall not be accepted) Amount of liquidated damages 47.1 0.050.1% of Contract Price per day Limit of liquidated damages 47.1 5% of Contract Price Damages for not attending to excavated potholes within 48 hours of excavation 47.1(b) Kshs. 50, 000 per month per pothole Percentage of Retention 60.3 5% of Interim Payment Certificate Limit of Retention Money 60.3 5% of Contract Price Minimum amount of interim certificates 60.2 (Contract Sum/completion period in months)% Minimum PBC monthly amount Time within which payment to be made after Interim Payment Certificate signed by Engineer 60.10 90 days Time within which payment to be made after Final Payment Certificate signed by Engineer 60.10 90 days Appointer of Adjudicator 67.3 The Chartered Institute of Arbitrators (Kenya) CONDITIONS OF CONTRACT CLAUSE AMOUNT/DESCRIPTION Notice to Employer and Engineer 68.2 68.4 The Employers address is: The Director General, Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Engineer’s address is: The Director, Road Asset & Corridor Management Kenya National Highways Authority (KeNHA), P.O. Box 49712 - 00100 NAIROBI The Contractor address is: Name…. ……………………………. P.O Box……………………………... .. City/Town……………………………. Email:…………………………………. Telephone…………………………… Signature of Tenderer……………………………………. Date ………………………… SECTION 6: FORM OF BID SECURITY TENDER BANK GUARANTEE Note: The bidder shall complete this form of Bank guarantee. No other Form of Bid Bond or any other forms of security will be accepted. Bidders who fail to comply with this requirement will be disqualified.