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PACIDA-KWAHO Tender Document Kajiado - 2024

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0% found this document useful (0 votes)
85 views315 pages

PACIDA-KWAHO Tender Document Kajiado - 2024

Uploaded by

nck1983
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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TENDER DOCUMENT

FOR

CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY BOREHOLES


WITHIN KAJIADO COUNTY.

RFT No :371665

1
INVITATION TO TENDER
Tuesday 9th July, 2024.

Tender document for construction of MHM latrines and rehabilitation of the community boreholes
within Kajiado County.
PACIDA (Pastoralist Community Initiative and Development Assistance) in partnership with Kenya Water for
Health Organization (KWAHO) and Welthungerhilfe (WHH) invites eligible bidders duly registered in the
Republic of Kenya for carrying out rehabilitation of community boreholes and Menstrual Hygiene Management
in Kajiado East and Central Sub Counties of Kajiado County, under the KEN 1220-22 Project as per the Bill
of quantities attached.

Tendering will be conducted under “National Tender” using a standardized tender document. Tendering is
open to all qualified and interested Tenderers. Qualified and interested tenderers may obtain further
information and inspect the Tender Documents at the address given below.

1. Qualified and interested tenderers may obtain further information, inspect and obtain the tender documents
from this link:
https://eu.eu-supply.com/ctm/supplier/publictenders?B=WELTHUNGERHILFE.
2. Tenders will be opened immediately after the deadline date and time specified. Tender opening will be
will be done online.
3. Late tenders will be rejected.

Price: The prices of the offers will be expressed in Kenyan Shillings and will be considered fixed and valid for
the entire duration of the contract until the complete execution of the work. No additional charge of whatsoever
nature and type will be accepted by the contracting authority. It is made that all incidental costs are inclusive
e.g. VAT has been built in where applicable.
Validity of tender. The tender shall be valid for 180 days from the date of tender.
Delivery: Construction of MHM latrines and rehabilitation of the community boreholes within Kajiado County.
should start immediately after receiving a signing an agreement.
All tenders must be submitted online on the above link quoting the respective RFT number on or before
Thursday 25th July, 2024 at 2PM EAT. They will be opened the same day at 3.00 pm EAT.
Contact person:

Finance & Operations Director


Pastoralist Community Initiative and Development Assistance (PACIDA)
P.O. Box 333 – 60500 Marsabit
Tel (Marsabit): (+254) 020 265 6947
Facsimile: (+254) 020 254 2004
E-mail: [email protected]
Website: www.pacida.org

2
PART 1 – TENDERING PROCEDURES
A. INSTRUCTIONS TO TENDERERS (ITT)

1. Scope of Tender
1.1 In connection with the Invitation to Tender (ITT), specified in the Tender Data Sheet (TDS), the
Contracting Authority, issues this Tendering document for the construction of MHM latrines and
rehabilitation of the community boreholes within Kajiado County in Section VII, Contracting Authority's
Requirements.

2. Timetable

Deadline for submission of tenders 25th July, 2024 2:00pm


Tender opening session 25th July, 2024 3:00pm
Notification of award to the successful tenderer 31st July, 2024 1:00pm
Acceptance by Contractor and Signature of the 31st July, 2024 3:30pm
contract

3. Fraud and Corruption and Antiterrorism

3.1 The Contracting Authority requires compliance with the provisions of the Public Procurement and Asset
Disposal Act, 2015, Section 62 “Declaration not to engage in corruption”. The tender submitted by a
person shall include a declaration that the person shall not engage in any corrupt or fraudulent practice
and a declaration that the person or his or her sub-contractors are not debarred from participating in
public procurement proceedings.

3.2 The Contracting Authority requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any tenderer found to have engaged in collusive conduct
shall be disqualified and criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be
required to complete and sign the “Certificate of Independent Tender Determination” annexed to the
Form of Tender.

3.3 Unfair Competitive Advantage-Fairness and transparency in the tender process require that the firms or
their Affiliates competing for a specific assignment do not derive a competitive advantage from having
provided consulting services related to this tender. To that end, the Contracting Authority shall indicate
in the Data Sheet and make available to all the firms together with this tender document all information
that would in that respect give such firm any unfair competitive advantage over competing firms.
3.4 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub
consultants, service providers, suppliers, and their personnel, to permit the Contracting Authority to
inspect all accounts records and other documents relating to any initial selection process,
prequalification process, tender submission, proposal submission, and contract performance (in the
case of award), and to have them audited by auditors appointed by the Contracting Authority.
3.5 PACIDA renounces all forms of terrorism and will never knowingly support, tolerate or encourage
terrorism or the activities of those who embrace terrorism or money laundering. Consistent with
numerous United Nations Security Council resolutions, including S/RES/1269(1999), S/RES
1368(2001) and S/RES1373(2001) and the European Union, PACIDA and her funding agency
Welthungerhilfe is firmly committed to the international fight against terrorism and against the financing
of terrorism. It is the policy of PACIDA and her funding partner Welthungerhilfe to seek to ensure that
3
none of its and its donor funds are used, directly or indirectly, to provide support to individuals or entities
associated with terrorism or money laundering. Therefore, PACIDA and her funding partner will match
their suppliers and Service providers against the Sanctions lists on a regular basis. By submitting an
offer, suppliers and service providers agree to this.

4. Participation

4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject
to ITT 4.6, or any combination of such entities in the form of a joint venture (JV) under an existing
agreement or with the intent to enter into such an agreement supported by a Form of intent. In
the case of a joint venture, all members shall be jointly and severally liable for the execution of
the entire Contract in accordance with the Contract terms. The JV shall nominate a
Representative who shall have the authority to conduct all business for and on behalf of any
and all the members of the JV during the Tendering process and, in the event the JV is awarded
the Contract, during contract execution. The maximum number of JV members shall be specified
in the TDS.

4.2 Public Officers of the Contracting Authority and their relatives (i.e. spouse, child, parent, brother
or sister and a child, parent, brother or sister of a spouse) their business associates or agents
and firms/organizations in which they have a substantial or controlling interest shall not be
eligible to tender or be awarded a contract. Public Officers are also not allowed to participate in
any procurement proceedings.

4.3 The contracting authority will exclude from participation in a procurement procedure candidates or
tenderers falling into any of the following cases:
a) They are bankrupt or being wound up, are having their affairs administered by the courts, have
entered into an arrangement with creditors, have suspended business activities, are the subject
of proceedings concerning those matters, or are in any analogous situation arising from a similar
procedure provided for in national legislation or regulations;
b) They have been convicted of an offence concerning their professional conduct by a judgment
that has the force of res judicata;
c) They have been guilty of grave professional misconduct proven by any means that the
contracting authority can justify;
d) They have not fulfilled obligations relating to the payment of social security contributions or the
payment of taxes in accordance with the legal provisions of the country in which they are
established or with those of the country of the contracting authority or those of the country where
the contract is to be performed;
e) They have been the subject of a judgment that has the force of res judicata for fraud, corruption,
involvement in a criminal Organization or any other illegal activity detrimental to the
Communities' financial interests;
f) Following another procurement procedure or grant award procedure financed by the
Community budget, they have been declared to be in serious breach of contract for failure to
comply with their contractual obligations.
NB/: Candidates or tenderers must certify by any relevant means that they are not in one of the situations
listed above.
Contracts shall not be awarded to candidates or tenderers who, during the procurement procedure:
a) Are subject to a conflict of interest;
b) Are guilty of misrepresentation in supplying the information required by PACIDA as a condition
of participation in the contract procedure or fail to supply this information. Tenderers or
candidates who have been guilty of making false declarations will also incur financial penalties
representing 10% of the total value of the contract being awarded if false declarations are
discovered after the awarding of tender. 4
4.4 To be eligible for participation in this tender procedure, tenderers must prove to the satisfaction of
the Contracting Authority that they comply with the necessary legal, technical and financial
requirements and have the wherewithal to carry out the contract effectively.

5. Origin.
5.1 The rule of Continent, Country, and County of Origin of the contractor who submitted tender does not
hereby apply. i.e. every contractor who submits the tender will be treated equally.

6. Currency
6.1 Tenders must be presented in Kenyan Shilling.

7. Lots
7.1. The tenderer may submit a tender for one and/or several lots.

7.2. Each lot will form a separate contract and the quantities indicated for different lots will be indivisible.
The tenderer must offer the whole of the quantity or quantities indicated for each lot. Under no
circumstances will tenders for part of the quantities required be taken into consideration.
If the tenderer is awarded more than one lot, a single contract may be concluded covering all those lots.

8. Period of validity
8.1. Tenderers shall be bound by their tenders that they submitted for a period of 180 days from the
deadline for the submission of tenders.
8.2. The successful tenderer will be bound by the tender for a further period of at least 30 days following
receipt of the notification that the tenderer has been selected.
8.3 In exceptional circumstances, prior to the expiration of the Tender validity period, the Contracting
Authority may request Tenderers to extend the period of validity of their Tenders. The request and
the responses shall be made in writing. If a Tender Security is requested in accordance with, the
Tenderer granting the request shall also extend the Tender Security for twenty-eight (28) days
beyond the deadline of the extended validity period. A Tenderer may refuse the request without
forfeiting its Tender Security. A Tenderer granting the request shall not be required or permitted to
modify its Tender.

9. Language of offers.
9.1. The offers, all correspondence and documents related to the tender exchanged by the tenderer and
the Contracting Authority must be written in English.

10. Submission of tenders.


10.1. Tenders must be received before the deadline which is on Thursday 25th July, 2024 at 2PM East
African Time (EAT).
Tenders must comply with the following conditions:
10.2. All tenders must be submitted in online through the Eu-supply portal link provided (https://eu.eu-
supply.com/ctm/supplier/publictenders?B=WELTHUNGERHILFE.)

11. Content of Tendering Document

11.1. The Tendering document consists of Parts 1, 2, and 3, which include all the sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITT 10.

PART 1 - Tendering Procedures

i) Section A- Instructions to Tenderers (ITT)


5
ii) Section B-Tender Data Sheet (TDS)
iii) Section C - Evaluation and Qualification Criteria
iv) Section D-Tendering Forms
v) Section E- Fraud and Corruption

PART 2 - Conditions of Contract and Contract Forms

vi) Section F- General Conditions of Contract (GCC)


vii) Section G- Special Conditions of Contract (SCC)
viii) Section H- Contract Forms

PART 3 - Contracting Authority's Requirements

ix) Section I - Contracting Authority's Requirements

11.2 The Invitation to Tender Notice issued by PACIDA is not part of the Tendering document.

11.3 Unless obtained directly from the Contracting Authority, the Contracting Authority is not
responsible for the completeness of the document, responses to requests for clarification, the
Minutes of the pre-Tender meeting (if any), or Addenda to the Tendering document in
accordance with ITT 10. In case of any contradiction, documents obtained directly from the
Contracting Authority shall prevail.

11.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the
Tendering document and to furnish with its Tender all information or documentation as is required
by the Tendering document.

12. Site Visit

12.1.The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine
the Site of the Required Services and its surroundings and obtain all information that may be
necessary for preparing the Tender and entering into a contract for the Services. The costs of
visiting the Site shall be at the Tenderer's own expense.

13. Pricing
13.1 The prices of the offers will be expressed in Kenyan Shilling and they must be expressed on a lump
sum basis that must be inclusive of all annexed costs such as taxes, transport and handover.
13.2 The prices will be considered fixed and valid for the entire duration of the contract until the complete
execution of the work. No additional charge of whatsoever nature and type will be accepted by the
Contracting Authority.
13.3 The contractor shall be deemed to have included in his prices or rates for the various items in the bills
of quantities or specification for all costs involved in complying with all the requirements for the proper
execution of the whole of the works in the contract.
Throughout the BOQ, these units of measurement and terms are abbreviated and shall be interpreted
as follows.
• M3 Shall mean Cubic Metre
• M2 Shall mean Square Metre
• M Shall mean Linear Metre
• MM Shall mean Millimetre
• KG Shall mean Kilogram
• No. Shall mean Number
• B.S. Shall mean the current British Standard specification published by the British Standard
Institution, 2 Park Street London W.I England.
6
• Ditto Shall mean the whole of the proceeding description expect as qualified in the
description in which it occurs.
• M.S Shall mean measured separately.

14. Additional information before the deadline for submission of tenders.


14.1 If the Contracting Authority, either on its own initiative or in response to a request from a prospective
tenderer, provides additional information on the tender document, it must send such information in
writing to all other prospective tenderers at the same time.

14.2 Any prospective tenderers seeking to arrange individual meetings with the Contracting Authority
and/or PACIDA during the tender period may be excluded from the tender procedure.

15. Alteration or withdrawal of tenders


15.1. Tenderers may alter or withdraw their tenders by written notification prior to the deadline for
submission of tenders referred to in Article 9.1. No tender may be altered after this deadline.
Withdrawals must be unconditional and will end all participation in the tender procedure.
15.2. Any such notification of alteration or withdrawal must be prepared and submitted in accordance with
Article 10. The tender submitted must be marked 'Alteration' or 'Withdrawal' as appropriate.
15.3. No tender may be withdrawn in the interval between the deadline for submission of tenders referred
to in Article 9.1 and the expiry of the tender validity period.

16.0 Opening of tenders


16.1. The tenders will be opened on Thursday 25th July, 2024 at 2.00PM by the committee appointed
for the purpose unless otherwise communicated by contracting authority. The committee will draw
up minutes of the meeting, which will be available on request.
16.2. At the tender opening, the tenderers' names, the tender prices, written notifications of modification
and withdrawal, the presence of the requisite tender guarantee and such other information as the
Contracting Authority may consider appropriate must be announced.
16.3. After the tender opening session, no information relating to the examination, clarification, evaluation
and comparison of tenders, or recommendations concerning the award of the contract can be
disclosed.
16.4. Any attempt by a tenderer to influence the evaluation committee in the process of examination,
clarification, evaluation and comparison of tenders, to obtain information on how the procedure is
progressing or to influence the Contracting Authority in its decision concerning the award of the
contract will result in the immediate rejection of the tender.
16.5. All tenders received after the deadline for submission specified in the procurement notice or these
instructions will be kept by the Contracting Authority. The associated guarantees may be returned
to the tenderers on request. No liability can be accepted for late delivery of tenders. Late tenders
will be rejected and will not be evaluated.

17.0 Confidentiality

17.1 Information relating to the evaluation of Tenders and recommendation of contract award, shall
not be disclosed to Tenderers or any other persons not officially concerned with the Tendering
process until information on Intention to Award the Contract is transmitted to all Tenderers in
accordance with the Instruction to Tenderers

17.2 Any effort by a Tenderer to influence the Contracting Authority in the evaluation of the Tenders
or Contract award decisions may result in the rejection of its Tender.

17.3 Notwithstanding the ITT, from the time of Tender opening to the time of Contract Award, if any
Tenderer wishes to contact the Contracting Authority on any matter related to the Tendering
process, it should do so in writing. 7
18.0 Clarification of tenders

18.1 To assist in the examination, evaluation, and comparison of the Tenders, and qualification of the
Tenderers, the Contracting Authority may, at its discretion, ask any Tenderer for a clarification
of its Tender. Any clarification submitted by a Tenderer that is not in response to a request by
the Contracting Authority shall not be considered. The Contracting Authority's request for
clarification and the response shall be in writing. No change in the prices or substance of the
Tender shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors
discovered by the Contracting Authority in the evaluation of the Tenders, in accordance with
ITT.

18.2 If a Tenderer does not provide clarifications of its Tender by the date and time set in the
Contracting Authority's request for clarification, its Tender may be rejected.

19.0 Deviations, Reservations and Ommissions.

19.1 During the evaluation of Tenders, the following definitions apply:


a) “Deviation” is a departure from the requirements specified in the Tendering document;
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Tendering document; and
c) “Omission” is the failure to submit part or all of the information or documentation
required in the Tendering document.

20.0 Determination of Responsiveness

20.1 The Contracting Authority's determination of a Tender's responsiveness is to be based on the


contents of the Tender itself, as defined in ITT.

20.2 A substantially responsive Tender is one that meets the requirements of the Tendering document
without material deviation, reservation, or omission. A material deviation, reservation, or
omission is one that:
a) If accepted, would:
i) Affect in any substantial way the scope, quality, or performance of the Plant and
Installation Services specified in the Contract; or
ii) Limit in any substantial way, in consistent with the Tendering document, the
Contracting Authority's rights or the Tenderer's obligations under the proposed
Contract; or
b) if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

20.3 The Contracting Authority shall examine the technical aspects of the Tender in particular, to
confirm that all requirements of Section VII, Contracting Authority's Requirements have been
met without any material deviation, reservation, or omission.

20.4 If a Tender is not substantially responsive to the requirements of the Tendering document, it
shall be rejected by the Contracting Authority and may not subsequently be made responsive
by correction of the material deviation, reservation, or omission.

21.0 Nonmaterial non-conformities

21.1 Provided that a Tender is substantially responsive, the Contracting Authority may waive any
nonconformity in the Tender.

21.2 Provided that a Tender is substantially responsive, the Contracting Authority may request
that the Tenderer submit the necessary information or documentation, within a reasonable
period of time, to rectify nonmaterial non- conformities in the Tender related to documentation
8
requirements. Requesting information or documentation on such non-conformities shall not
be related to any aspect of the price of the Tender. Failure of the Tenderer to comply with
the request may result in the rejection of its Tender.

21.3 Provided that a Tender is substantially responsive, the Contracting Authority shall rectify
quantifiable non material non-conformities related to the Tender Price. To this effect, the
Tender Price shall be adjusted, for comparison purposes only, to reflect the price of a missing
or non-conforming item or component in the manner specified in the TDS.

22.0 Correction of Arithmetical Errors

22.1 Provided that the tender is substantially responsive, the Contracting Authority shall correct
arithmetical errors on the following basis:

i) If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Contracting Authority there is an
obvious misplacement of the decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be corrected;
i) If there is an error in a total corresponding to the addition or subtraction of subtotals,
the subtotals shall prevail and the total shall be corrected; and
ii) If there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to (a) and (b) above.

22.2 Any error detected if considered a major deviation that affects the substance of the tender,
shall lead to disqualification of the tender as non-responsive. The method of determining the
error as a major deviation shall be specified in the TDS.

22.3 Corrected tender prices shall not be used in the evaluation of tenders, comparison of
tender prices.

22.4 The Contracting Authority shall calculate the difference between the corrected price and
tender price and work out the percentage difference, which will be plus or minus tender price
as the case may be; [i.e. (corrected tender price– tender price)/ tender price X100]. This
percentage difference between corrected tender price and tender price may be used to
determine if the error so detected is considered a major deviation that affects the substance
of the tender.

22.5 On award of contract, all payment valuation certificates, variation orders on omissions and
additions valued based on rates in the Bill of Quantities will be adjusted by such a percentage
specified in ITT 31.4 to ensure contractor is not paid less or more relative to the contract
price which would be the tender price.

23.0. Conversion to Single Currency

23.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted into a
single c Clarification of tender’s currency as specified in the TDS

24.0 Evaluation of tenders

24.1 The Contracting Authority shall use the criteria and methodologies listed in this ITT and Section
III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be
permitted. By applying the criteria and methodologies the Contracting Authority shall determine
the Best Evaluated Tender. This is the Tender of the Tenderer that meets the qualification criteria
and that has been determined to be:
a) Most responsive to the Tendering document; and 9
b) The lowest evaluated cost.
.
24.2. Technical evaluation

24.2.1 The Contracting Authority will carry out a detailed technical evaluation of the
Tenders not previously rejected to determine whether the technical aspects are
incompliance with the Tendering document. The Tender that does not meet minimum
acceptable standards of completeness, consistency and detail, and the specified
minimum (or maximum, as the case may be) requirements for specified functional
guarantees, will be rejected for non-responsiveness. In order to reach its
determination, the Contracting Authority will examine and compare the technical
aspects of the Tenders on the basis of the information supplied by the Tenderers,
taking into account the following:

24.2.2 Overall completeness and compliance with the Contracting Authority's Requirements;
conformity of the Plant and Installation Services offered with specified performance
criteria, including conformity with the specified minimum (or maximum, as the case
may be) requirement corresponding to each functional guarantee, as indicated in the
Specification and in Section III, Evaluation and Qualification Criteria; suitability of the
Plant and Installation Services offered in relation to the environmental and climatic
conditions prevailing at the site; and quality, function and operation of any process
control concept included in the Tender;

24.2.3 Type, quantity and long-term availability of mandatory and recommended spare parts
and maintenance services; and other relevant factors, if any, listed in Evaluation and
Qualification Criteria Section.

24.2.5 Where alternative technical solutions have been allowed in accordance with ITT 13,
and offered by the Tenderer, the Contracting Authority will make a similar evaluation
of the alternatives. Where alternatives have not been allowed but have been offered,
they shall be ignored.

24.3. Financial evaluation


The rates and prices inserted in the bill of quantities must correspond to the conditions laid down in
the tender documents. The financial and economic standing of the tenderer will be evaluated by the
evaluation committee.

24.3.1 The Contracting Authority will carry out a detailed technical evaluation of the Tenders
not previously rejected to determine whether the technical aspects are incompliance
with the Tendering document. The Tender that does not meet minimum acceptable
standards of completeness, consistency and detail, and the specified minimum (or
maximum, as the case may be) requirements for specified functional guarantees,
will be rejected for non-responsiveness. In order to reach its determination, the
Contracting Authority will examine and compare the technical aspects of the Tenders
on the basis of the information supplied by the Tenderers, taking into account the
following:
24.3.2 Overall completeness and compliance with the Contracting Authority's Requirements;
conformity of the Plant and Installation Services offered with specified performance
criteria, including conformity with the specified minimum (or maximum, as the case
may be) requirement corresponding to each functional guarantee, as indicated in the
Specification and in Section III, Evaluation and Qualification Criteria; suitability of the
Plant and Installation Services offered in relation to the environmental and climatic
conditions prevailing at the site; and quality, function and operation of any process
control concept included in the Tender;
24.3.3 type, quantity and long-term availability of mandatory and recommended spare parts
and maintenance services; and 10
24.3.4 other relevant factors, if any, listed in Section III, Evaluation and Qualification Criteria.
24.3.5 Where alternative technical solutions have been allowed in accordance with ITT
13, and offered by the Tenderer, the Contracting Authority will make a similar
evaluation of the alternatives. Where alternatives have not been allowed but have
been offered, they shall be ignored.

25.0 Evaluation of tenders


The tender commission will not necessarily choose on the basis of lowest price alone but will award
one of received offer on the basis of value for money, price, quality, compliance with international
norms, and delay for delivery. The experience of the tenderer in the performance of similar
contracts will be as well a criterion for selection.

25.0 Signature of Contract


25.1 Within 1 day of receipt of the contract already signed by the Contracting Authority, the selected
tenderer must sign and date the contract and return it, to the Contracting Authority. Upon signing
the contract, the successful tenderer will become the Contractor and the contract will enter into
force.
25.2 If the successful tenderer fails to sign and return the contract and any financial guarantee required
within 2 days after receipt of notification, the Contracting Authority may consider the acceptance of
the tender to be cancelled without prejudice to the Contracting Authority's right to seize the
guarantee, claim compensation or pursue any other remedy in respect of such failure, and the
successful tenderer will have no claim whatsoever on the Contracting Authority.

26.0 Performance Guarantee


26.1 The successful tenderer will be informed in writing that its tender has been accepted
26.2 If the successful tenderer fails to provide this documentary proof or statement within 5 working days
following the notification of award or if the successful tenderer is found to have provided false
information, the award will be considered null and void. In such case, the Contracting Authority
may award the tender to another tenderer or cancel the tender procedure.
26.3 Within 5 working of receipt of the contract already signed by the Contracting Authority, the selected
tenderer must sign and date the contract and return it, to the Contracting Authority. Upon signing
the contract, the successful tenderer will become the Contractor and the contract will enter into
force.
26.4 If the successful tenderer fails to sign and return the contract and any financial guarantee required
within 5 working days after receipt of notification, the Contracting Authority may consider the
acceptance of the tender to be cancelled without prejudice to the Contracting Authority's right to
seize the guarantee, claim compensation or pursue any other remedy in respect of such failure,
and the successful tenderer will have no claim whatsoever on the Contracting Authority.
26.5 The performance guarantee is set at 10% of the amount of the Contract and must be presented,
while the pre-financing guarantee is set at 20% of the amount of the contract and may be
presented. It will be released within 30 days of the issue of the final acceptance certificate by the
Contracting Authority, except for the proportion assigned to after-sales services.
26.6 After the signature of the contract, the Contractor shall provide any detailed information requested
by the Contracting Authority, and the Court of Auditors, or by any other qualified outside body
chosen by the Contracting Authority for the purposes of checking that the activities implemented in
the context of the present contract are being properly carried out. The Contractor therefore allows
the Contracting Authority, and the Court of Auditors to carry out the documentary and on-the-spot
checks deemed necessary by the abovementioned authorities.

11
27.0 Ethics Clause
27.1. Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the committee or the Contracting Authority during the
process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of their
candidacy or tender and may result in administrative penalties.
27.2. Without the Contracting Authority's prior written authorization, a Contractor and its staff or any other
company with which the Contractor is associated or linked may not, even on an ancillary or
subcontracting basis, supply other services, carry out work or supply equipment for the project.
This prohibition also applies to any other projects that could, owing to the nature of the contract,
give rise to a conflict of interest on the part of the Contractor.
27.3. When putting forward a candidacy or tender, the candidate or tenderer shall declare that he is
affected by no potential conflict of interest and has no particular link with other tenderers or parties
involved in the project. Should such a situation arise during performance of the contract, the
Contractor must immediately inform the Contracting Authority.
27.4. The Contractor must at all times act impartially and as a faithful adviser in accordance with the code
of conduct of his profession. The Contractor shall refrain from making public statements about the
project or services without the Contracting Authority's prior approval. The Contractor may not
commit the Contracting Authority in any way without its prior written consent.
27.5. For the duration of the contract the Contractor and its staff shall respect human rights and undertake
not to offend the political, cultural and religious morals of the beneficiary state.
27.6. The Contractor may accept no payment connected with the contract other than that provided for
therein. The Contractor and its staff must not exercise any activity or receive any advantage
inconsistent with their obligations to the Contracting Authority.
27.7. The Contractor and its staff shall be obliged to maintain professional secrecy for the entire duration
of the contract and after its completion. All reports and documents drawn up or received by the
Contractor shall be confidential.
27.8. The contract shall govern the Contracting Parties' use of all reports and documents drawn up,
received or presented by them during the execution of the contract.
27.9. The Contractor shall refrain from any relationship likely to compromise his independence or that of
its staff. If the Contractor ceases to be independent, the Contracting Authority may, regardless of
injury, terminate the contract without further notice, and without the Contractor having any claim to
compensation.
27.10. The Contracting Authority reserves the right to suspend or cancel project financing if corrupt
practices of any kind are discovered at any stage of the award process and if the Contracting
Authority fails to take all appropriate measures to remedy the situation. For the purposes of this
provision, "corrupt practices" are the offer of a bribe, gift, gratuity or commission to any person as
an inducement or reward for performing or refraining from any act relating to the award of a contract
or implementation of a contract already concluded with the Contracting Authority.
27.11. All tenders will be rejected or contracts terminated if it emerges that the award or execution of a
contract has given rise to unusual commercial expenses.
27.12. Such unusual commercial expenses are commissions not mentioned in the main contract or not
stemming from a properly concluded contract referring to the main contract, commissions not paid
in return for any actual and legitimate service, commissions remitted to a tax haven, commissions
paid to a recipient who is not clearly identified or commissions paid to a company which has every
appearance of being a front company.
27.13. The Contractor shall supply the Contracting Authority on request with all supporting documents
relating to the conditions of the contract's execution. The Contracting Authority may carry out
whatever documentary or on-the-spot checks it deems necessary to find evidence in cases of
suspected unusual commercial expenses.
12
27.14. When putting forward a candidacy or tender, the candidate or tenderer shall declare its
commitment to the non–exploitation of child labor and to the respect of basic social rights and
working conditions. The Contracting Authority may carry out whatever documentary or on-the-spot
checks it deems necessary to find evidence of the enforcement of the above-mentioned principles.

28.0 Cancellation of Tender Procedure


28.1. In the event of a tender procedure's cancellation, tenderers will be notified by the Contracting
Authority.
28.2. Cancellation may occur where:
• the tender procedure has been unsuccessful, namely where no qualitatively or financially
worthwhile tender has been received or there has been no response at all;
• the economic or technical parameters of the project have been fundamentally altered;
• exceptional circumstances or force majeure render normal performance of the project impossible;
• all technically compliant tenders exceed the financial resources available;
• there have been irregularities in the procedure, in particular where these have prevented fair
competition.
28.3. In no circumstances will the Contracting Authority be liable for damages, whatever their nature (in
particular damages for loss of profits) or relationship to the cancellation of a tender, even if the
Contracting Authority has been advised of the possibility of damages. The publication of a
procurement notice does not commit the Contracting Authority to implement the programme or
project announced

13
SECTION B - TENDER DATA SHEET

The following specific data for the Facilities to be procured shall complement, supplement, or amend
the provisions in the Instructions to Tenderers (ITT). Whenever there is a conflict, the provisions herein
shall prevail over those in ITT.
Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
ITC Clause

A. General

ITT 1.1 The reference number of the Invitation to Tender (ITT) is RFT No. 371665

The Contracting Authority is: Pastoralist Community Initiative and Development Assistance
(PACIDA)

The name of the Project is: CONSTRUCTION OF MHM LATRINES AND REHABILITATION
TT 2.1
OF THE COMMUNITY BOREHOLES WITHIN KAJIADO COUNTY.

The components include the following:


Lot I: Borehole equipping and solarizing works: 3no boreholes as per attached BOQ.
a) Borehole equipment installation and solarizing at Olopinyo borehole in Kajiado East.
b) Borehole equipment installation and solarizing at Olturoto borehole in Kajiado Central
c) Borehole equipment installation and solarizing at Ilemai borehole in Kajiado central.
Lot II: Construction works at Olturoto community borehole as per drawing attached.
a) Construction of 2no 50m3 masonry water tanks.

14
Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
ITC Clause
b) Construction of 1no communal water point/kiosk installed with a 5m3 plastic water
tank on top.
c) Construction of 1no cattle/shoat’s trough/animal watering point.
d) Construction of 1no VIP latrine combined with 2 shower rooms
e) Laying of pipelines as described in the detailed bills of quantities.
Lot III: Construction works at Olopinyo community borehole as per drawing attached.
a) Construction of 1no communal water point/kiosk installed with a 5m3 plastic water
tank on top.
b) Construction of 1no 50m3 masonry water tank
c) Construction of 1no cattle/shoat’s trough/animal watering point as per drawing
attached
d) Construction of 1no VIP latrine combined with 2 shower rooms as per the drawing.
e) Laying of pipeline as described in the detailed bills of quantities.
Lot IV: Construction works at Ilemai community as per drawing attached
a) Construction of 1no communal water point/kiosk installed with a 5m3 plastic water tank
on top.
b) Construction of 1no cattle/shoat’s trough/animal watering point
c) Construction of 1no VIP latrine combined with shower rooms
d) Laying of pipelines as described in detailed bills of quantities.
Lot V: Construction works in schools as per drawing attached.
a) Construction of 4 no MHM toilets in 4 Schools (5 door)
(Elang’ata Primary, Olgos Primary, Nkoile Primary and Noopopong Primary Schools)
Construction of 4 burning chambers (Incinerators) in 4 Schools. (Elang’ata Primary, Olgos
Primary, Nkoile Primary and Noopopong Primary Schools)

Bidders/contractors are free to tender for the lot they deem fit, quoting the individual lot tender
number or may tender for all the lots quoting this tender number However, it remains the
prerogative of PACIDA either to give the whole lots to one bidder or divide the lots to different
bidders depending on many factors as shall be analyzed during the tender analysis

ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be: None

B. Tendering Document

ITT 4.1 There shall be no pre-arranged pretender visit of the site of the works.
Any questions in writing, shall reach the Contracting Authority not later than 19th July, 2024
ITT 5.1
The Contracting Authority shall publish its response in the procurement portal.
ITT 6.1

C. Preparation of Tenders

ITT 7.1 The Tenderer shall submit the following additional documents in its Tender: None

ITT 8.1 Alternative Tenders “shall not be considered.

15
Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
ITC Clause

ITT 8.2 Alternatives to the Time Schedule shall not be permitted.

If alternatives to the Time Schedule are permitted, the evaluation method will be as specified
in the Evaluation and Qualification Criteria.

ITT 9.1 Place of destination: Kajiado County.

ITT 9.2 The Incoterms edition is: 2020

ITT 9.3 The prices quoted by the Tenderer shall not be subject to adjustment during the
Performance of the Contract.
ITT 10.1 The Tenderer is required to quote in Kenya Currency the portion of the Tender price that
corresponds to expenditures incurred in that currency.

ITT 11.1 The Tender validity period shall be 180 days.

ITT 12.1 The Tender price shall be adjusted by the following factor(s): Not Applicable

ITT 12.2 The written confirmation of authorization to sign on behalf of the Tenderer shall consist of:
Power of Attorney signed before commissioner for Oath

D. Submission and Opening of Tenders


For Tender submission purposes only, the Contracting Authority’s address is
ITT 13.1
https://eu.eu-supply.com/ctm/supplier/publictenders?B=WELTHUNGERHILFE.

The deadline for Tender submission is:

Date: on or before 25th July, 2024

Time: 2.00PM

Tenderers shall NOT have the option of submitting their Tenders physically.

ITT 14.1 The Tender opening shall take place online.

Date: 25th July, 2024

Time: 3.00PM

ITT 15.1 The Form of Tender and Price Schedules shall at least be initialed by three (3) opening
committee members representatives of the Contracting Authority conducting Tender opening.

E. Evaluation, and Comparison of Tenders

ITT 16.1 The adjustment shall be based on the price of the item or component as quoted in other
substantially responsive Tenders. If the price of the item or component cannot be derived from
the price of other substantially responsive Tenders, the Contracting Authority shall use its best
estimate. Not Applicable.

16
Reference to PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
ITC Clause

ITT 17.1 The error shall be determined as a major deviation if it is more than 2% of the tender sum As
per PPADA, 2015 & Regulation 2020. Errors should be computed without changing the final
tender sum.

ITT 18.1 The currency that shall be used for Tender evaluation and comparison purposes to convert
(at the selling exchange rate) all Tender prices expressed in various currencies into a single
currency is: Kenya Shilling

The source of exchange rate shall be: Central Bank in Kenya.


A margin of preference shall not be allowed.
ITT 19.1

ITT 20.1 The adjustments shall be determined using the following criteria, from amongst those set out
in Section III, Evaluation and Qualification Criteria: [refer to Evaluation and Qualification
Criteria]

(a) Deviation in Time for Completion: No.


(b) Life cycle costs: the projected operating and maintenance costs during the life of the
goods or equipment as per the specifications provided
(c) Functional Guarantees of the Facilities As per the specifications provided
(d) Work, services, facilities, etc., to be provided by the Contracting Authority None
ITT 21.1 Tenderers shall NOT be allowed to quote different prices for similar items in different bills and
the methodology to determine the lowest tenderer is specified in Section III, Evaluation and
Qualification Criteria.
The procedures for making a Procurement-related Complaint are available from the PPRA
ITT 22.1
website [email protected] or [email protected].
On the webpage: https://eu.eu-
supply.com/ctm/supplier/publictenders?B=WELTHUNGERHILFE

In summary, a Procurement-related Complaint may challenge any of the following:

1. the terms of the Tendering Documents; and


2. the Contracting Authority’s decision to award the contract.

17
SECTION C - EVALUATION AND QUALIFICATION CRITERIA

Technical Responsiveness Evaluation Stage

1.1 This section contains the criteria that the Procuring Entity shall use to evaluate tender and qualify tenderers.
No other factors, methods or criteria shall be used other than specified in this tender document. The
Tenderer shall provide all the information requested in the forms included in Section IV, Tendering Forms.
The Procuring Entity should use the Standard Tender Evaluation Report for Goods and Works for
evaluating Tenders.

1.2 The Procuring Entity shall use the criteria and methodologies listed in this Section to evaluate tenders and
arrive at the Lowest Evaluated Tender. The tender that (i) meets the qualification criteria, (ii) has been
determined to be substantially responsive to the Tender Documents, and (iii) is determined to have the
Lowest Evaluated Tender price shall be selected for award of contract.

Stage 1: Preliminary Bid Responsiveness Assessment (Mandatory Requirements)

2.1 This will involve assessing whether bidders have complied with submission requirements and have also
attached certified copies of mandatory eligibility and statutory documents.

2.2 Evaluation at this stage will be conducted on Yes/No, and bidders are expected to comply with ALL
required items so as to proceed to the next stage of evaluation.
No. Completeness and Requirement Y/N
Responsiveness Criteria
1. Valid Tax Compliance Certificate Copy of current certificate
Certified by Commissioner of Oaths
2. Valid PIN Certificate from KRA Copy of Valid Certificate
Certified by Commissioner of Oaths
3. Registration with National Copy of Valid certificate
Construction Authority Certified by Commissioner of Oaths
(Validation on NCA website)
4. Certificate of Incorporation Copy of certificate
Certified by Commissioner of Oaths
5. Latest CR12 (Within the last 12 Months) Copy of current CR12 within 12 months
Certified by Commissioner of Oaths
6. Single Business Permit Certified copy of current single business
permit
Certified by Commissioner of Oaths
7. Tender document properly All pages of the tender document submitted
PAGINATED in the correct sequence shall be sequentially serialized starting
and all pages MUST BE INITIALIZED numerical 1
and serialized
8. Audited financial statements for the last Signed and stamped by the auditor
three years (2021,2022,2023)

18
Stage 2: Technical Responsiveness Evaluation Stage

3.1 Tenders will be evaluated to ensure that they are substantially responsive to the technical specifications
and contract conditions stated in the Tender Document. The determination of a tender’s technical
responsiveness will be based on the contents of the tender itself, subject to any clarifications received in
the preliminary examination of Tenders. Items of this evaluation will be scored.

3.2This is based on a score of 100 marks. Only bidders who score above 70 and above will proceed to the
financial stage of evaluation.
No. DESCRIPTION POINT SCORE
SCALE
1. EXPERIENCE Max 30
Attach reference letters/completion certificates as evidences
1.1 Value of related water / civil works handled in (KES)
a) Three projects of equal or higher value in the last three years 15
b) Any three (3No) projects of value between 50 % and 100% of value 9
c) Any projects less than 50% value of the tendered works 6
d) No submission of project record 0

1.2 Nature, scope and specificity of water / civil works handled


a) Three projects of similar nature as per this scope of works 15
b) Any three (3No) projects of related nature but not same complexity 9
E.g., Water pans, intake works etc.
c) Other unrelated construction works e.g., buildings etc. 6
d) No submission in details works undertaken 0

2. KEY PERSONNEL Max 20


Technical skill in terms of human resource. Attach CVs and certified copies
of academic certificates detailing qualifications of at least (3) key
personnel who shall be involved in this assignment.
The persons must be working with the organization or sign an undertaking
to work with the firm by the time of submitting this tender. Each of the 3
personnel will be evaluated on the following parameters:
a) Project Manager/ Site Degree Civil, Water or Electrical engineering 4
Agent 10 years’ experience 4
Registration with relevant professional body 2
(EBK)
b) Water Technician Diploma in Water engineering, Ground water or 2
/Pumps technician Mechanical engineering
5 years’ experience 2

Registration with relevant professional body 1


(NCA)
c) Foreman Diploma/Certificate in Electrical, Water, 2
Mechanical or Ground water
19
3 years’ experience 2

Registration with relevant professional body 1


(NCA)
3. PLANT AND EQUIPMENT Max 15
Relevant Equipment
Showing evidence of ownership 10
Owned/Leased
Listing the required equipment point for each 5
equipment, maximum of five)
4. WORK METHODOLOGY Max 10
Programme of works 0-5
Methodology on safety during the construction period (All the workers are 0-5
insured by WIBA and all the works are insured as well.
(Show Evidences of the Insurance covers)
5. FINANCIAL CAPACITY Max 25
a) Average annual Turnover of the last 3 years, which must be above 10
this contract amount.
b) Evidence of Line of credit or indication of self-financing 15
Total Marks 100

Stage 3: FINANCIAL EVALUATION.


The technical evaluation pass mark shall be 70% of which bidders who pass will be subjected to tender price
comparisons.
PACIDA will award the Contract to the tenderer whose tender is determined to be substantially responsive to
the tender documents and who has offered the lowest evaluated tender price.

20
8. Qualification
Factor 1 Eligibility
Criteria Documentation Required
Tenderer
Joint Venture (existing or intended)
Sub-Factor At least
Requirement Single Entity All members
Each Partner one
combined
Partner
1.1 Conflict of Interest No- conflicts of interests as described in ITT Must meet must meet Must meet N / A Form of Tender
requirement requirement requirement
1.2 PPRA Ineligibility (if Not having been declared ineligible by the Must meet must meet Must meet N / A Form of Tender
PPRA as described in 4.5. requirement requirement requirement
debarred/Sanctioned)
1.3 State Owned Compliance with conditions of ITT Must meet Must meet Must meet Form ELI –1.1 and 1.2, with
N/A
Enterprise or Institution requirement requirement requirement attachments
1.4 Ineligibility based Not having been excluded as a result of the Must meet must meet Must meet N / A Form of Tender
Kenya laws or official regulations, or by an act requirement requirement
on a United Nations of compliance with UN Security Council requirement
resolution or Kenya resolution, in accordance with ITT
laws
1.5 Tax Obligations for Has produced a current tax clearance Must meet must meet Must meet N / A Attach certificate
certificate or tax exemption certificate issued requirement requirement requirement
Kenyan Tenderers
by the Kenya Revenue Authority in
accordance with ITT

21
Factor 2. Historical Contract Non-Performance
Documentation
Criteria
Required
Tenderer
Sub-Factor
Joint Venture (existing or intended)
Requirement Single
All members Each member At least one
Entity
combined member
2.1 History of non- Non-performance1 of a contract did not occur within the last Must meet N / A Must meet N / A Form CON - 2
performing contracts Three (3) years prior to the deadline for application submission, requirement requirement2
based on all information on fully settled disputes or litigation. A by itself or as
fully settled dispute or litigation is one that has been resolved in member to
accordance with the Dispute Resolution Mechanism under the past or
respective contract, and where all appeal instances available to existing JV
the Tenderer have been exhausted.
2.2 Suspension Not under suspension based on execution of a Tender Securing Must meet Must meet Must meet Must meet Form of Tender
Declaration or Proposal Securing Declaration pursuant to ITT requirement requirement requirement requirement
2.2 Pending Litigation Tender’s financial position and prospective long-term profitability Must meet N / A Must meet N / A Form CON – 2
still sound according to criteria established below and assuming requirement requirement
that all pending litigation will be resolved against the Tenderer

1
Nonperformance, as decided by the Procuring Entity, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective
contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Procuring Entitys decision was overruled by the dispute resolution mechanism.
Nonperformance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all
appeal instances available to the Tenderer have been exhausted.
2 This requirement also applies to contracts executed by the Tenderer as JV member.

22
Factor 2. Historical Contract Non-Performance
Documentation
Criteria
Required
Tenderer
Sub-Factor
Joint Venture (existing or intended)
Requirement Single
All members Each member At least one
Entity
combined member
2.3 Litigation History No consistent history of court/arbitral award decisions against Must meet Must meet Must meet N/A Form CON – 2
the Tenderer3since 1st January [insert year] requirement requirement requirement
Factor 3 Financial Situation
Criteria Documentation Required
Tenderer
Sub-Factor Joint Venture (existing or intended)
Requirement
Single Entity All members At least one
Each member
combined member
3.1 Financial Submission of audited balance sheets or if not Must meet N / A Must meet N / A Form FIN – 3.1 with
Capabilities required by the law of the Tenderer’s Country, requirement requirement attachments
other financial statements acceptable to the
Procuring Entity, for the last Three [3] years to
demonstrate the current soundness of the

3
The Tenderer shall provide accurate information on the related Tender Form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A consistent history of awards
against the Tenderer or any member of a joint venture may result in failure of the Tender.

23
Factor 2. Historical Contract Non-Performance
Documentation
Criteria
Required
Tenderer
Sub-Factor
Joint Venture (existing or intended)
Requirement Single
All members Each member At least one
Entity
combined member
Tenderers financial position and its
prospective long-term profitability.

3.2 Average Annual Minimum average annual turnover in _ _ Must meet Must meet Must meet Must meet Form FIN –3.2
Turnover [insert the appropriate sector] of requirement requirement ___ _ _ ___ _ _
___ _ _ __ _ , calculated as total percent percent
certified payments received for contracts in (_____%) of the (_____%) of
progress or completed, within the last_ ( requirement the
) years requirement
3.3 Financial The Tenderer must demonstrate access to, or Must meet Must meet Must meet Must meet Form FIN –3.3
Resources availability of, financial resources such as requirement requirement ___ _ _ ___ _ _
liquid assets, unencumbered real assets, lines percent percent
of credit, and other financial means, other than (_____%) of the (_____%) of
any contractual advance payments to meet: requirement the
(i) the following cash-flow requirement: requirement

24
Factor 2. Historical Contract Non-Performance
Documentation
Criteria
Required
Tenderer
Sub-Factor
Joint Venture (existing or intended)
Requirement Single
All members Each member At least one
Entity
combined member
………………………………
and
(ii) the overall cash flow requirements for this
contract and its current commitments.

25
Factor 4 Experience
Criteria
Tenderer
Documentation
Sub-Factor Joint Venture (existing or intended)
Requirement Required
Single Entity All members Each
At least one member
combined member
4.1 General Experience in [insert appropriate sector] under Must meet N / A Must meet N / A Form EXP-4.1
Experience contracts in the role of contractor, subcontractor, requirement requiremen
or management contractor for at least the last t
[insert number of years] years starting 1st January
[insert year].
4.2(a)Specific (a)Participation as contractor, joint venture Must meet Must meet N / A Must meet the following requirements for Form EXP 4.2(a)
Experience member 4 , management contractor, or requirement requirements6 the key activities listed below [list key
subcontractor, in at least _ ________ (_ ) activities and the corresponding minimum
contracts within the last _ _ __ (___) years, requirements to be met by one member
each with a value of at least ____________ (_ ), otherwise state: “N/A”]
that have been successfully and
substantially5completed and that are similar to the
proposed Plant and Installation Services.
The similarity of the contracts shall be based on
the following: [Based on Section VII, Scope of

4
For contracts under which the Tenderer participated as a joint venture member or sub-contractor, only the Tenderer’s share, by value, shall be considered to meet this requirement
5 Substantial completion shall be based on 80% or more plant and installation completed under the contract.
6 In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each
member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each
of value equal or more than the minimum value required shall be aggregated.

26
Factor 4 Experience
Criteria
Tenderer
Documentation
Sub-Factor Joint Venture (existing or intended)
Requirement Required
Single Entity All members Each
At least one member
combined member
Works, specify the minimum key requirements in
terms of physical size, complexity, construction
method, technology and/or other characteristics
Indicate, if any, of this key requirement may also
be met through a specialized subcontractor.
4.2(b) (b) For the above or other contracts Must meet Must meet N / A Must meet the following requirements for Form EXP-4.2(b)
Specific executed during the period stipulated in requirements requirements7 key activities listed below [if applicable,
Experience 4.2(a) above, a minimum experience in the out of the key activities in the first column
following key activities: of this 4.2 b), list key activities (volume,
…. number or rate of production as
Indicate, if any, of this key requirement may also applicable) and the corresponding
be met through a specialized subcontractor. minimum requirements that have to be
met by one member, otherwise this cell
should state: “N/A”.]
Note: [For Multiple lots (contracts) specify financial and experience criteria for each lot under Sub-Factors 3.1, 3.2, 4.2(a) and 4.2(b)]

7
In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member
shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value
equal or more than the minimum value required shall be aggregated.

27
9 Personnel

The Tenderer must demonstrate that it will have the personnel for the key positions that meet the following
requirements:

Total Work
In Similar Works
Similar
No. Position Experience
Experience
(years)
(years)
1
2
3

The Tenderer shall provide details of the proposed personnel and their experience records in the relevant
Forms included in Section IV, Tendering Forms.

10. Equipment

The Tenderer must demonstrate that it will have access to the key Contractor's equipment listed hereafter:

No. Equipment Type and Characteristics Minimum Number required


1
2
3

The Tenderer shall provide further details of proposed items of equipment using the relevant Form in Section
IV.

11. Subcontractors

Subcontractors/ manufacturers for the following major items of supply or services ('Specialized
Subcontractors') must meet the following minimum criteria, here in listed for that item:

Item
Description of Item Minimum Criteria to be met
No.
1
2
3

28
Failure to comply with this requirement will result in rejection of the subcontractor.

In the case of a Tenderer who offers to supply and install major items of supply under the contract that
the Tenderer did not manufacture or otherwise produce, the Tenderer shall provide the manufacturer's
authorization, using the form provided in Section IV, showing that the Tenderer has been duly authorized
by the manufacturer or producer of the related plant and equipment or component to supply and install
that item Kenya. The Tenderer is responsible for ensuring that the manufacturer or producer complies
with the requirements of ITT 4 and 5 and meets the minimum criteria listed above for that item.

29
FORM OF TENDER

30
PO Box 22433-00100,
Nairobi.
MUSHIMI LIMITED Email: [email protected]
Tel. +254729138545

FORM OF TENDER

Date of this Tender submission: 25TH JULY, 2024

Tender Name and Identification.: CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE
COMMUNITY BOREHOLES WITHIN KAJIADO COUNTY; 371665

Alternative No.: N/A

To: PASTORALIST COMMUNITY INITIATIVE AND DEVELOPMENT ASSISTANCE (PACIDA),


PO BOX 333 – 60500,
MARSABIT.

a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda
issued in accordance with (ITT 7);

b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITT 3;

c) Tender/ Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the
Procuring Entity based on execution of a Tender Securing Declaration or Proposal-Securing Declaration in Kenya
in accordance with ITT 3.6;

d) Conformity: We offer to provide design, supply and installation services in conformity with the Tendering
document of the following: CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY
BOREHOLES WITHIN KAJIADO COUNTY.

e) Tender Price: The total price of our Tender, excluding any discounts offered in item (f) below is:
Option1, in case of one lot: Total price is: N/A
Or
Option 2 incase of Multiple lots:
a) Total price of each lot 1: SOLARIZATION & EQUIPPING OF BOREHOLES
Total Amount is in figures KSHS 4,130,122.00
Total Amount in Words FOUR MILLION ONE HUNDRED AND THIRTY THOUSAND ONE HUNDRED AND
TWENTY-TWO ONLY.

Total price of each lot 2: CIVIL WORKS AND PIPING FOR OLTUROTO BOREHOLE
Total Amount is in figures KSHS 5,802,876.80
Total Amount in Words FIVE MILLION EIGHT HUNDRED AND TWO THOUSAND EIGHT HUNDRED AND
SEVENTY-SIX AND EIGHTY CENTS ONLY.

Total price of each lot 3: CIVIL WORKS AND PIPING FOR OLOPINYO BOREHOLE
Total Amount is in figures KSHS 3,460,993.40
Total Amount in Words THREE MILLION FOUR HUNDRED AND SIXTY THOUSAND NINE HUNDRED AND
NINETY-THREE AND FORTY CENTS ONLY

Total price of each lot 4: CIVIL WORKS AND PIPING FOR ILEMANI BOREHOLE
Total Amount is in figures KSHS 1,767,114.00
Total Amount in Words ONE MILLION SEVEN HUNDRED AND SIXTY-SEVEN THOUSAND ONE HUNDRED AND
FOURTEEN ONLY. 31
Total price of each lot 5: CONSTRUCTION OF MHM LATRINES & BURNING CHAMBERS
Total Amount is in figures KSHS 3,893,888.00
Total Amount in Words THREE MILLION EIGHT HUNDRED AND NINETY-THREE THOUSAND EIGHT HUNDRED
AND EIGHTY-EIGHT ONLY

b) Total price of all lots: Total Amount is in figures KSHS 19,054,994.20


Total Amount in Words NINETEEN MILLION AND FIFTY-FOUR THOUSAND NINE HUNDRED AND NINETY FOUR
AND TWENTY CENTS ONLY.

f) Discounts: The discounts offered and the methodology for their application are: NONE
i) The discounts offered are: N/A
ii) The exact method of calculations to determine the net price after application of discounts is shown below: N/A
g) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 19.1 (as amended if
applicable) from the date fixed for the Tender submission deadline specified in TDS 23.1 (as amended if
applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of that
period;
h) Performance Security: If our Tender is accepted; we commit to obtain a Performance Security in accordance
with the Tendering document;

i) One Tender Per Tenderer: We are not submitting any other Tender (s) as an individual Tenderer, and we are
not participating in any other Tender (s) as a Joint Venture member, and meet the requirements of ITT 3.9, other
than alternative Tenders submitted in accordance with ITT 12;

j) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any
entity or individual that is subject to, a temporary suspension. Further, we are not ineligible under the Kenya
laws or official regulations or pursuant to a decision of the United Nations Security Council;

k) State-owned enterprise or institution: We are not a state- owned enterprise or institution

l) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees
with respect to the Tendering process or execution of the Contract: NONE

Name of Recipient Address Reason Amount

NONE NONE NONE NONE

m) Binding Contract: We understand that this Tender, together with your written acceptance thereof included
in your Form of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared
and executed;

n) Procuring Entity Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost Tender, the Best Evaluated Tender or any other Tender that you may receive; and

o) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf engages in any type of Fraud and Corruption.

p) Collusive practices: We hereby certify and confirm that the tender is genuine, non-collusive and made with
the intention of accepting the contract if awarded. To this effect we have signed the “Certificate of Independent
tender Determination” attached below.

32
q) Code of Ethical Conduct: We undertake to adhere by the Code of Ethical Conduct for Persons Participating
in Public Procurement and Asset Disposal Activities in Kenya, copy available from www.ppra.go.ke during the
procurement process and the execution of any resulting contract.

r) We, the Tenderer, have fully completed and signed the following Forms as part of our Tender:

a) Tenderer’s Eligibility; Confidential Business Questionnaire – to establish we are not in any conflict to
interest.

b) Certificate of Independent Tender Determination – to declare that we completed the tender without
colluding with other tenderers.

c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in any form of
fraud and corruption.

d) declaration and commitment to the code of ethics for Persons Participating in Public Procurement and
Asset Disposal Activities in Kenya,

Further, we confirm that we have read and understood the full content and scope of fraud and corruption as informed
in “Appendix 1- Fraud and Corruption” attached to the Form of Tender
Name of the Tenderer: MUSHIMI LIMITED

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: NOAH CHIULI KAEMBA
MAURICE

Title of the person signing the Tender: MANAGING DIRECTOR

Signature of the person named above:

Date signed: 22ND day of JULY, 2024.

33
TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for each entity if Tender is a JV.
Tenderer is further reminded that it is an offence to give false information on this Form.

a) Tenderer’s details
ITEM DESCRIPTION
1 Name of the contracting authority PASTORALIST COMMUNITY INITIATIVE
AND DEVELOPMENT ASSISTANCE
(PACIDA)
2 Reference Number of the Tender 371665
3 Date and Time of Tender Opening 25th July, 2024 AT 1400HRS

4 Name of the Tenderer MUSHIMI LIMITED


5 Full Address and Contact Details of the Tenderer. 1. Country KENYA
2. City NAIROBI
3. Location KILIMANI
4. Building WOOD AVENUE PARK
APARTMENTS
5. Floor 2ND FLOOR
6. Postal Address 22433 – 00100, NAIROBI
7. Name and email of contact person.
NOAH CHIULI KHAEMBA MAURICE
[email protected]
6 Current Trade License Registration Number and UBP058534
Expiring date EXPIRING 8TH AUGUST 2024
7 Name, country and full address (postal and physical NAIROBI CITY COUNTY
addresses, email, and telephone number) of P.O. BOX 30075-00100, NAIROBI CITY HALL, CITY HALL
Registering Body/Agency WAY [email protected]
8 Description of Nature of Business GENERAL CONTRACTOR
9 Maximum value of business which the Tenderer KES 600,000,000
handles.
10 State if Tenders Company is listed in stock exchange, NOT LISTED IN ANY STOCK EXCHANGE
give name and full address (postal and physical
addresses, email, and telephone number) of
state which stock exchange

General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full Age

Nationality Country of Origin

Citizenship

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % Shares owned


1
2
3
34
d) Registered Company, provide the following details.

i) Private or public Company PRIVATE COMPANY

ii) State the nominal and issued capital of the Company: -

Nominal Kenya Shillings (Equivalent) 100,000.00

Issued Kenya Shillings (Equivalent) 1000.00

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned


1 NOAH CHIULI KHAEMBA MAURICE KENYAN BY BIRTH 30%
2 CHRISTINE NELIMA KHAEMBA KENYAN BY BIRTH 70%
3

e) DISCLOSURE OF INTEREST-Interest of the Firm in the Procuring Entity.


i) Are there any person/ persons in PASTORALIST COMMUNITY INITIATIVE AND DEVELOPMENT
ASSISTANCE (PACIDA) who has/ have an interest or relationship in this firm? NO
provide details as follows.

Names of Person Designation in the Interest or Relationship with Tenderer


Procuring Entity
1
2
3

ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the


YES OR NO relationship with Tenderer
1 Tenderer is directly or indirectly controls, is controlled NO N/A
by or is under common control with another tenderer.
2 Tenderer receives or has received any direct or NO N/A
indirect subsidy from another tenderer.
3 Tenderer has the same legal representative as NO N/A
another tenderer
4 Tender has a relationship with another tenderer, NO N/A
directly or through common third parties, that puts it
in a position to influence the tender of another
tenderer, or influence the decisions of the Procuring
Entity regarding this tendering process.
5 Any of the Tenderer’s affiliates participated as a NO N/A
consultant in the preparation of the design or
technical specifications of the works that are the
subject of the tender.
6 Tenderer would be providing goods, works, non- YES AS PER THE CONTRACT TERMS
consulting services or consulting services during
implementation of the contract specified in this

35
Type of Conflict Disclosure If YES provide details of the
YES OR NO relationship with Tenderer
Tender Document.
7 Tenderer has a close business or family relationship NO N/A
with a professional staff of the Procuring Entity who
are directly or indirectly involved in the preparation of
the Tender document or specifications of the
Contract, and/or the Tender evaluation process of
such contract.
8 Tenderer has a close business or family relationship NO N/A
with a professional staff of the Procuring Entity who
would be involved in the implementation or
supervision of the such Contract.
9 Has the conflict stemming from such relationship NO N/A
stated in item 7 and 8 above been resolved in a
manner acceptable to the Procuring Entity throughout
the tendering process and execution of the Contract.
f) Certification

On behalf of the Tenderer, I certify that the information given above is complete, current and accurate as at the date
of submission.

Full Name NOAH CHIULI KHAEMBA MAURICE

Title or Designation MANAGING DIRECTOR

22ND JULY 2024

(Signature) (Date)

36
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
I, the under signed, in submitting the accompanying Letter of Tender to the PASTORALIST COMMUNITY INITIATIVE
AND DEVELOPMENT ASSISTANCE (PACIDA) for: CONSTRUCTION OF MHM LATRINES AND
REHABILITATION OF THE COMMUNITY BOREHOLES WITHIN KAJIADO COUNTY; 371665 in response to the
request for tenders made by: MUSHIMI LIMITED do here by make the following statements that I certify to be true and
complete in every respect:

I certify, on behalf of MUSHIMI LIMITED that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not to be true and complete in every
respect;

3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the
Tender on behalf of the Tenderer;

4. For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall include any
individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:
a) Has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their qualifications,
abilities or experience;

5. The Tenderer discloses that [check one of the following, as applicable]:


a) The Tenderer has arrived at the Tender independently from, and without consultation, communication,
agreement or arrangement with, any competitor;
b) The Tenderer has entered into consultations, communications, agreements or arrangements with one or
more competitors regarding this request for tenders, and the Tenderer discloses, in the attached
document(s), complete details thereof, including the names of the competitors and the nature of, and
reasons for, such consultations, communications, agreements or arrangements;

6. In particular, without limiting the generality of paragraphs (5) (a) or (5) (b) above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for Tenders; except as
specifically disclosed pursuant to paragraph (5) (b) above;

7. In addition, there has been no consultation, communication, agreement or arrangement with any competitor
regarding the quality, quantity, specifications or delivery particulars of the works or services to which this
request for tenders relates, except as specifically authorized by the procuring authority or as specifically
disclosed pursuant to paragraph (5) (b) above;

8. The terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or
indirectly, to any competitor, prior to the date and time of the official tender opening, or of the awarding of the
Contract, whichever comes first, unless otherwise required by law or as specifically disclosed pursuant to
paragraph (5) (b) above.

Name NOAH CHIULI KHAEMBA MAURICE

Title MANAGING DIRECTOR

Date 22ND JULY 2024

[Name, title and signature of authorized agent of Tenderer and Date]


37
SELF DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON /TENDERER IS NOT DEBARRED IN THE MATTER OF THE PUBLIC
PROCUREMENT AND ASSET DISPOSAL ACT 2015.

I, NOAH CHIULI KHAEMBA MAURICE, of Post Office Box 22433-00100 being a resident of NAIROBI in the Republic of
KENYA do hereby make a statement as follows: -

1. THAT I am the Managing Director of MUSHIMI LIMITED who is a Bidder in respect of Tender No. 371665 for
CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY BOREHOLES WITHIN
KAJIADO COUNTY for PASTORALIST COMMUNITY INITIATIVE AND DEVELOPMENT ASSISTANCE (PACIDA)
and duly authorized and competent to make this statement.

2. THAT the afore said Bidder, its directors and subcontractors have not been debarred from participating in
procurement proceeding under Part IV of the Act.

3. THAT what is deponed to here in above is true to the best of my knowledge, information and belief.

MANAGING DIRECTOR …………………………… 22ND JULY 2024


(Title) (Signature) (Date)

Bidder's Official Stamp

38
FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY CORRUPT OR
FRAUDULENT PRACTICE.

I, NOAH CHIULI KHAEMBA MAURICE of P. O. Box 22433-00100 being a resident of NAIROBI in the Republic of
KENYA do hereby make a statement as follows: -

1. THAT I am the Managing Director of MUSHIMI LIMITED who is a Bidder in respect of Tender No.
371665 for CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY
BOREHOLES WITHIN KAJIADO COUNTY for PASTORALIST COMMUNITY INITIATIVE AND
DEVELOPMENT ASSISTANCE (PACIDA) and duly authorized and competent to make this statement.

2. THAT the afore said Bidder, its servants and/ or agents/ subcontractors will not engage in any corrupt or
fraudulent practice and has not been requested to pay any inducement to any member of the Board,
Management, Staff and/or employees and/or agents of PASTORALIST COMMUNITY INITIATIVE AND
DEVELOPMENT ASSISTANCE (PACIDA) which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/ or agents/ subcontractor shave not offered any inducement to any
member of the Board, Management, Staff and/ or employees and/ or agents of PASTORALIST
COMMUNITY INITIATIVE AND DEVELOPMENT ASSISTANCE (PACIDA) .

4. THAT the aforesaid Bidder will not engage/ has not engaged in any corrosive practice with other bidders
participating in the subject tender.

5. THAT what is deponed to here in above is true to the best of my knowledge information and belief.

MANAGING DIRECTOR …………………………… 22ND JULY 2024


(Title) (Signature) (Date)

Bidder's Official Stamp

39
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS
I, NOAH CHIULI KHAEMBA MAURICE on behalf of MUSHIMI LIMITED declare that I have read and
fully understood the contents of the Public Procurement & Asset Disposal Act, 2015, Regulations and the Code of
Ethics for persons participating in Public Procurement and Asset Disposal and my responsibilities under the Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in Public Procurement
and Asset Disposal.

Name of Authorized signatory NOAH CHIULI KHAEMBA MAURICE

Sign......................................................................................................................... ................

Position MANAGING DIRECTOR

Office address 22433-00100, NAIROBI Telephone 0720575846

E-mail [email protected]

Name of the Firm/Company MUSHIMI LIMITED

Date 22ND JULY 2024

(Company Seal/ Rubber Stamp where applicable)

Witness

Name CHRISTINE NELIMA KHAEMBA

Sign......................................................................................................................... .........................................................

Date 22ND JULY 2024

40
SCHEDULE OF RATES AND PRICES

Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad

Item Description Code Qty. Unit Price2 Total Price2


1

CIP
(1) (2) (3) (1) x (3)

TOTAL (to Schedule No. 5. Grand Summary)


44

41
Country of Origin Declaration Form

Item Description Code Country

Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within Kenya
Item Description Qty. EXW Unit Price1 EXW Total Price1
(1) (2) (1) x (2)

TOTAL (to Schedule No. 5. Grand Summary)

Name of Tender MUSHIMI LIMITED

Signature _ _ _ _ _ _ _ __ __

1 Specify currency in accordance with ITT 18

Schedule No. 3. Design Services


Item Description Qty. Unit Price1 Total Price1
Local Currency Foreign Currency
Portion Portion
(1) (2) (optional) (1) x (2)

TOTAL (to Schedule No. 5. Grand Summary)

Name of Tenderer MUSHIMI LIMITED Signature _ _ _ _ _ _ _ _ ___

Schedule No. 4. Installation and Other Services


Item Description Qty. Unit Price1 Total Price1
Foreign Local Currency Foreign Local
Currency Portion
Portion
(1) (2) (3) (1) x (2) (1) x (3)

TOTAL (to Schedule No. 5. Grand Summary)

Name of Tenderer MUSHIMI LIMITED Signature _ _ _ _ __ _ _ _ _


1 Specify currency in accordance with ITT 18

42 42
Schedule No. 5. Grand Summary
Item Description Total Price1
Foreign Local

Total Schedule No. 1. Plant, and Mandatory Spare Parts


Supplied from Abroad
Total Schedule No. 2. Plant, and Mandatory Spare Parts
Supplied from Within Kenya
Total Schedule No. 3. Design Services
Total Schedule No. 4. Installation and Other Services

TOTAL (to Tender Form)

Name of Tenderer_MUSHIMI LIMITED Signature _ _ _ _ __ _ _ _ _

1Specify currency in accordance with ITT 18. Create and use as many columns for Foreign Currency requirement
as there are foreign currencies

Schedule No. 6. Recommended Spare Parts


Item Description Qty. Unit Price Total Price
CIF or CIP EXW
(foreign parts) (Local parts)
(1) (2) (3) (1) x (2) or (3)

Name of Tenderer MUSHIMI LIMITED Signature _ _ _ _ __ _ _ _ _

Price Adjustment

43 43
Where the Contract Period (excluding the Defects Liability Period) exceeds eighteen (18) months, it is normal
procedure that prices payable to the Contractor shall be subject to adjustment during the performance of the Contract
to reflect changes occurring in the cost of labor and material components. In such cases the Tendering document
shall include in this form a formula of the following general type, pursuant to SCC Sub-Clause11.2.

Where Contracts are of a shorter duration than eighteen (18) months or in cases where there is to be no Price
Adjustment, the following provision shall not be included. Instead, it shall be indicated under this form that the prices
are to remain firm and fixed for the duration of the Contract.

1Specify currency in accordance with ITT 18. Create and use as many columns for Foreign Currency requirement as
there are foreign currencies

44 44
Conditions Applicable to Price Adjustment

The Tenderer shall indicate the source of labor, source of exchange rate and materials indices and the base date
indices in its Tender.

Item Source of Indices Used Base Date Indices.

The base date shall be the date thirty (30) days prior to the Tender closing date.
The date of adjustment shall be the mid-point of the period of manufacture or installation of component or Plant.
The following conditions shall apply:

(a) No price increase will be allowed beyond the original delivery date unless covered by an extension of time
awarded by the Procuring Entity under the terms of the Contract. No price increase will be allowed for periods
of delay for which the Contractor is responsible. The Procuring Entity will, however, be entitled to any price
decrease occurring during such periods of delay.

(b) If the currency in which the Contract price, P0, is expressed is different from the currency of the country of
origin of the labor and/or materials indices, a correction factor will be applied to avoid incorrect adjustments of
the Contract price. The correction factor shall be: Z0/Z1, where,
Z0=the number of units of currency of the origin of the indices which equal to one unit of the currency of the
Contract Price P0 on the Base date, and
Z1=the number of units of currency of the origin of the indices which equal to one unit of the currency of the
Contract Price P0 on the Date of Adjustment.

(c) No price adjustment shall be payable on the portion of the Contract price paid to the Contractor as an advance
payment.

45 45
TECHNICAL PROPOSAL
- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- Plant

- Contractor's Equipment

- Personnel

- Proposed Subcontractors for Major Items of Plant and Installation Services

- Others

46 46
SITE ORGANIZATION

Construction of MHM latrines and rehabilitation of the community boreholes within kajiado county.

LOT 1: Solarization & equipping of boreholes


Lot 2: Civil works and piping for olturoto borehole
Lot 3: Civil works and piping for olopinyo borehole
Lot 4: Civil works and piping for ilemani borehole
Lot 5: Construction of MHM latrines & burning chambers

Actual site organization (location of respective infrastructure) within the compound shall be done participatorily among the
community, contractor/service provider and the project engineers both from KWAHO and the County Government
department of water and Natural resources to ensure efficiency, economy and convenience of the entire system.

47 47
METHOD STATEMENT

48 48
MOBILIZATION SCHEDULE

49 49
CONSTRUCTION SCHEDULE

50 50
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment DRILLING RIG

Equipment Name of manufacturer DRILLING RIGS Model and power rating 500T RATING
information 5759
Capacity Year of manufacture 2013

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the

Owner Name of owner M’BIG LIMITED


Address of owner P.O BOX 732-50200, BUNGOMA

Telephone 0750041963 Contact name and title DANTONE KWANUTSU –


HEAD OF LOGISTICS
Fax N/A Telex N/A
Agreements Details of rental / lease / manufacture agreements specific to the project

ATTACHED LEASE AGREEMENT

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

51 51
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment TEST PUMPING UNIT

Equipment Name of manufacturer ISUZU Model and power rating FRR RATING
information 8226
Capacity 30T Year of manufacture 2017

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the

Owner Name of owner M’BIG LIMITED


Address of owner P.O BOX 732-50200, BUNGOMA

Telephone 0750041963 Contact name and title DANTONE KWANUTSU –


HEAD OF LOGISTICS
Fax N/A Telex N/A
Agreements Details of rental / lease / manufacture agreements specific to the project

ATTACHED LEASE AGREEMENT

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

52 52
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment LORRY

Equipment Name of manufacturer ISUZU Model and power rating FVZ RATING
information 9839
Capacity 12T Year of manufacture 2018

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the

Owner Name of owner M’BIG LIMITED


Address of owner P.O BOX 732-50200, BUNGOMA

Telephone 0750041963 Contact name and title DANTONE KWANUTSU –


HEAD OF LOGISTICS
Fax N/A Telex N/A
Agreements Details of rental / lease / manufacture agreements specific to the project

ATTACHED LEASE AGREEMENT

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

53 53
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment PICK UP

Equipment Name of manufacturer TOYOTA Model and power rating CBA-TRJ120W


information RATING 2690
Capacity 1150KGS Year of manufacture 2008

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the

Owner Name of owner M’BIG LIMITED


Address of owner P.O BOX 732-50200, BUNGOMA

Telephone 0750041963 Contact name and title DANTONE KWANUTSU –


HEAD OF LOGISTICS
Fax N/A Telex N/A
Agreements Details of rental / lease / manufacture agreements specific to the project

ATTACHED LEASE AGREEMENT

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

54 54
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment SURVEY EQUIPMENT

Equipment Name of manufacturer GNSS Model and power rating GNSSRTK S500
information
Capacity Year of manufacture 2023

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

55 55
Contractor's Equipment Form

EQU.

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key Contractor's equipment A separate Form shall be prepared for each item of equipment listed,
or for alternative equipment proposed by the Tenderer.

Item of equipment GENERATOR

Equipment Name of manufacturer NUT Model and power rating NUT-12500


information
Capacity Year of manufacture 2023

Current status Current location NAIROBI

Details of current commitments NONE

Source Indicate source of the equipment


 Owned  Rented  Leased  Specially manufactured

Functional Guarantees

The Tenderer shall copy in the left column of the table below, the identification of each functional guarantee required
in the Specification and stated by the Procuring Entity in para.1.2 (c) of Section III, Evaluation and Qualification Criteria,
and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and
equipment.

Required Functional Guarantee Value of Functional Guarantee of the Proposed Plant and Equipment
1.
2.
3.

56 56
Personnel

Form PER -1- Proposed Personnel

Tenderers should provide the names of suitably qualified personnel to meet the specified requirements stated in Section.
The data on their experience should be supplied using the Form below for each candidate.

1. Title of position* PROJECT MANAGER


Name OSCAR WANYONYI WAFULA
2. Title of position* WATER TECHNICIAN
Name JAMES NJOROGE MURIITHI
3. Title of position* FOREMAN
Name DANIEL MURAGE GITARI
4. Title of position*
Name

Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.

From To Company / Project / Position / Relevant technical and management experience


2020 2022 MUSHIMI LIMITED
Name of assignment or project: Bomet - Mulot Water Supply and Treatment Plant
PROJECT MANAGER
Design team coordination.
Structural design and construction supervision of the R.C intake chambers, weir design, flocculation
basins, sedimentation lagoons, reinforced concrete water storage tanks and chemical dosing and
storage structures as the lead Structural Engineer.
Supervise and guide in the preparation of design and/ or construction drawings
Review all reports and designs
Supervision of technicians in preparation of construction drawings, liaison/coordination with other
external members of the consultants & client representatives.
FEB 2019 JULY 2019 MUSHIMI LIMITED
Tenwek Hospital water supply, Bomet
PROJECT MANAGER
Design team coordination.
Structural design and construction supervision of the R.C intake chambers, weir design, flocculation
basins, sedimentation lagoons, reinforced concrete water storage tanks and chemical dosing and
storage structures as the lead Structural Engineer.
Supervise and guide in the preparation of design and/ or construction drawings
Review all reports and designs
Supervision of technicians in preparation of construction drawings, liaison/coordination with other
external members of the consultants & client representatives.
2018 2022 MUSHIMI LIMITED
ITHANGA WATER SUPPLY
PROJECT MANAGER/ STRUCTURAL ENGINEER
Design team coordination.
Structural design and construction supervision of the R.C intake chambers, weir, flocculation basins,
sedimentation tanks, staff accommodation units, project laboratory, reinforced concrete and steel
water storage tanks and chemical dosing and storage structures as the lead Structural Engineer
Design and review of structures
Road and drainage structures condition surveys,
57 57
Collection, reviewing and processing of project data and information, including from the project site
and general project area,
Preparation of structural Engineering reports, Bills of Quantities and Engineers’ Cost Estimates.
Coordination of preparation of detailed engineering design drawings and schedules
Preparation of structural reports
Hydraulic modelling;
2016 2017 B &L ENGINEERING SERVICES
Detailed Design and Tender Documentation Preparation of Water Supply and Sewerage Project for
UNICEF& UNMISS in Juba South Sudan
PROJECT MANAGER
Structural design of buildings
Structural Engineering design of storm water drainage, earth retaining structures, earthworks and
water infrastructure
Project Management
Collection, reviewing and processing of project data and information, including from the project site
and general project area,
Preparation of structural Engineering reports, Bills of Quantities and Engineers’ Cost Estimates.
Coordination of preparation of detailed engineering design drawings and schedules
Preparation of structural reports
Hydraulic modelling;
B &L ENGINEERING SERVICES
Design Review, Construction Supervision, EIA/RAP, Preparation of Bid Documentation for Multi
Towns Sustainable Water supply and Waste Water Management Program
PROJECT MANAGER
Works supervision co-ordination (Project Monitoring, Evaluation, and Quality Control).
Review of the Contractors executive design for sewerage works and the water supply works.
Review of the master list for tax exemption.
Review the proposed flood control water management, O&M and Instrumentation Plan; Review and
advice the design, costs, and proposed construction procedures of the dam and associated
structures;
Design review and construction supervision of 40km trunk main
Review and approval of contractor’s designs and methods
Preparation structural design reports
Collection, reviewing and processing of project data and information, including from the project site
and general project area,
Coordination of preparation of detailed engineering design drawings and schedules
Preparation of Bills of Quantities and Engineers’ Cost Estimates.

Proposed Subcontractors for Major Items of Plant and Installation Services


A list of major items of Plant and Installation Services is provided below.

The following Subcontractors and/or manufacturers are proposed for carrying out the item of the facilities indicated.
Tenderers are free to propose more than one for each item

Major Items of Plant and Proposed Subcontractors/Manufacturers Nationality


Installation Services

Others - Time Schedule

(To be used by Tenderer when alternative Time for Completion is invited.

58 58
SECTION: E. Fraud and Corruption

6.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset Disposal Act,
2015, Section 62 as set forth in Section ” Declaration not to engage in corruption”. The tender submitted by
a person shall include a declaration that the person shall not engage in any corrupt or fraudulent practice and a
declaration that the person or his or her sub-contractors are not debarred from participating in public
procurement proceedings.

6.2 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub-consultants,
service providers, suppliers, and their personnel, to permit the PPRA to inspect all accounts, records and other
documents relating to any initial selection process, prequalification process, tender submission, proposal
submission, and contract performance (in the case of award), and to have them audited by auditors appointed
by the PPRA.

SECTION. F. GENERAL CONDITIONS OF CONTRACT

Contract and Interpretation

1. Definitions

1.1 The following words and expressions shall have the meanings here by assigned to them:

“Contract” means the Contract Agreement entered into between the Procuring Entity and the Contractor,
together with the Contract Documents referred to there in; they shall constitute the Contract, and the term “the
Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1 (Contract Documents) of the Contract
Agreement (including any amendments thereto).
“GCC” means the General Conditions of Contract hereof. “SCC” means the Special Conditions of Contract.
“day” means calendar day. “year” means 365 days. “month” means calendar month.

“Party” means the Procuring Entity or the Contractor, as the context requires, and “Parties” means both of them.

“Procuring Entity” means the public entity named as such in the SCC and includes the legal successors or
permitted assigns of the Procuring Entity.

“Project Manager” means the person appointed by the Procuring Entity in the manner provided in GCC Sub-
Clause 17.1 (Project Manager) hereof and named as such in the SCC to perform the duties delegated by the
Procuring Entity.

“Contractor” means the person(s) whose Tender to perform the Contract has been accepted by the Procuring
Entity and is named as Contractor in the Contract Agreement, and includes the legal successors or permitted
assigns of the Contractor.

“Contractor's Representative” means any person nominated by the Contractor and approved by the Procuring
Entity in the manner provided in GCC Sub-Clause 17.2 (Contractor's Representative and Construction
Manager) here of to perform the duties delegated by the Contractor.

“Construction Manager” means the person appointed by the Contractor's Representative in the manner
provided in GCC Sub-Clause 17.2.4.

“Subcontractor,” including manufacturers, means any person to whom execution of any part of the Facilities,
including preparation of any design or supply of any Plant, is sub-contracted directly or indirectly by the
Contractor, and includes its legal successors or permitted assigns.

59 59
“Dispute Board” (DB) means the person or persons named as such in the SCC appointed by agreement
between the Procuring Entity and the Contractor to make a decision with respect to any dispute or difference
between the Procuring Entity and the Contractor referred to him or her by the Parties pursuant to GCC Sub-
Clause 46.1 (Dispute Board) hereof.

“Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract Agreement, subject to
such additions and adjustments there to or deductions there from, as may be made pursuant to the Contract.

“Facilities” means the Plant to be supplied and installed, as well as all the Installation Services to be carried
out by the Contractor under the Contract.

“Plant” means permanent plant, equipment, machinery, apparatus, materials, articles and things of all kinds to
be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts
to be supplied by the Contractor under GCC Sub-Clause7.3 here of), but does not include Contractor's
Equipment.

60 60
“Installation Services” means all those services ancillary to the supply of the Plant for the Facilities, to be
provided by the Contractor under the Contract, such as transportation and provision of marine or other similar
insurance, inspection, expediting, site preparation works (including the provision and use of Contractor's
Equipment and the supply of all construction materials required), installation, testing, pre-commissioning,
commissioning, operations, maintenance, the provision of operations and maintenance manuals, training,
etc…as the case may require.

“Contractor's Equipment” means all facilities, equipment, machinery, tools, apparatus, appliances or things of
every kind required in or for installation, completion and maintenance of Facilities that are to be provided by
the Contractor, but does not include Plant, or other things intended to form or forming part of the Facilities.

“Country of Origin” means the countries and territories eligible as elaborated in the SCC.

“Site” means the land and other places upon which the Facilities are to be installed, and such other land or
places as may be specified in the Contract as forming part of the Site.

“Effective Date” means the date of fulfillment of all conditions stated in Article 3 (Effective Date) of the Contract
Agreement, from which the Time for Completion shall be counted.

“Time for Completion” means the time within which Completion of the Facilities as a whole (or of a part of the
Facilities where a separate Time for Completion of such part has been prescribed) is to be attained, as referred
to in GCC Clause8 and in accordance with the relevant provisions of the Contract.

“Completion” means that the Facilities (or a specific part thereof where specific parts are specified in the
Contract) have been completed operationally and structurally and put in a tight and clean condition, that all
work in respect of Pre-commissioning of the Facilities or such specific part thereof has been completed, and
that the Facilities or specific part thereof are ready for Commissioning as provided in GCC Clause 24
(Completion) hereof.

“Pre-commissioning” means the testing, checking and other requirements specified in the Procuring Entity's
Requirements that are to be carried out by the Contractor in preparation for Commissioning as provided in
GCC Clause24 (Completion) hereof.

“Commissioning” means operation of the Facilities or any part thereof by the Contractor following Completion,
which operation is to be carried out by the Contractor as provided in GCC Sub-Clause 25.1 (Commissioning)
hereof, for the purpose of carrying out Guarantee Test(s).

“Guarantee Test(s)” means the test(s) specified in the Procuring Entity's Requirements to be carried out to
ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified
in the Appendix to the Contract Agreement titled Functional Guarantees, in accordance with the provisions of
GCC Sub-Clause25.2 (Guarantee Test) hereof.

“Operational Acceptance” means the acceptance by the Procuring Entity of the Facilities (or any part of the
Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor's
fulfillment of the Contract in respect of Functional Guarantees of the Facilities (or the relevant part thereof) in
accordance with the provisions of GCC Clause 28 (Functional Guarantees) hereof and shall include deemed
acceptance in accordance with GCC Clause 25 (Commissioning and Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing at
Completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect
to the Facilities (or the relevant part thereof) as provided in GCC Clause 27(Defect Liability) hereof.

“Notice of Dissatisfaction” means the notice given by either Party to the other under Sub-Clause 46.4 indicating
its dissatisfaction and intention to commence arbitration.

61 61
SECTION: G. SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a
conflict, the provisions herein shall prevail over those in the General Conditions.
Special Conditions of Contract (SCC)

The following Special Conditions (SCC) shall supplement the General Conditions (GCC). Whenever there is a conflict,
the provisions here in shall prevail over those in the GCC. The clause number of the SCC is the corresponding clause
number of the GCC.
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
SCC 1. Definitions The Procuring Entity is: Pastoralist community initiative and development assistance (PACIDA)
The Project Manager is: Ms. Amina Isako
Country of Origin: all countries and territories as indicated in Section V of the Tendering document,
Eligible Countries.

SCC 5. Law and SCC 5.1 The Contract shall be interpreted in accordance with the laws of Kenya
Language SCC 5.2 The ruling language is: _English
SCC 5.3 The language for communications is: _English

SCC 7. Scope of SCC 7.3 The Contractor agrees to supply spare parts for a period of years: one (1) year
Facilities [Spare The Contractor shall carry sufficient inventories to ensure an ex-stock supply of consumable
Parts] (GCC Clause spares for the Plant. Other spare parts and components shall be supplied as promptly as possible,
7)
but at the most within six (6) months of placing the order and opening the Form of credit. In
addition, in the event of termination of the production of spare parts, advance notification will be
made to the Procuring Entity of the pending termination, with sufficient time to permit the Procuring
Entity to procure the needed requirement. Following such termination, the Contractor will furnish
to the extent possible and at no cost to the Procuring Entity the blueprints, drawings and
specifications of the spare parts, if requested.

SCC 8. Time for SCC 8.1 The Contractor shall commence work on the Facilities within 14 days from signing
Commencement of date of the Contract Agreement.
and Completion SCC 8.2 The Time for Completion of the whole of the Facilities shall be as agreed in the
Contract Agreement.

SCC 9. The following sustainable procurement contractual provisions apply: _ _ _ _ ______


Contractor’s
Responsibilities
SCC 11. Contract SCC 11.2 The Contract Price shall be adjusted in accordance with the provisions of the
Price Appendix to the Contract Agreement Titled Adjustment Clause. Not Applicable

SCC 13. Securities SCC 13.3.1 The amount of Performance Security, as a percentage of the Contract Price for the
Facility or for the part of the Facility for which a separate Time for Completion is provided, shall
be: 10%
SCC 13.3.2 The Performance Security shall be in the form of the Bank Guarantee attached hereto
in Section X, Contract Forms.

62 62
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
SCC 13.3.3 The Performance Security shall not be reduced on the date of the Operational
Acceptance.
SCC 13.3.3 The Performance Security shall be reduced to ten percent (10%) of the value of the
component covered by the extended defect liability to cover the Contractor’s extended defect
liability in accordance with the provision in the SCC, pursuant to GCC Sub-Clause 27.10.

SCC 22 Installation SCC22.2.5 Working Hours


Normal working hours are: _ _ _ _ __ _ _ _ _ __
SCC 22.2.8 Funeral Arrangements: _ _ ______________

SCC 25.
Commissioning SCC 25.2.2. The Guarantee Test of the Facilities shall be successfully completed at least three
and Operational (3) Months from the date of Completion.
Acceptance
SCC 26. SCC 26.2
Completion Time Applicable rate for liquidated damages: _ _ _ _ _ _ __ _ _
Guarantee The above rate applies to the price of the part of the Facilities, as quoted in the Price Schedule,
for that part for which the Contractor fails to achieve Completion within the particular Time for
Completion.
Maximum deduction for liquidated damages: _ __ _ _ _ _ _ _ __
SCC 26.3 Applicable (amount or rate) for the bonus for early Completion: Not Applicable
Maximum bonus:
SCC 26.3 No bonus will be given for earlier Completion of the Facilities or part thereof.

SCC 27. Defect SCC 27.10 The critical components covered under the defect liability is construction of MHM
Liability latrines and rehabilitation of the community boreholes within Kajiado County and the period shall
be Six (6) months from initial guarantee test liability period

SCC 30. Limitation Sample Clause


of Liability SCC 30.1 (b) The multiplier of the Contract Price is: _ __ _ _ _ _ _ _ ___

SCC 39. Value SCC 39.1.2 If the value engineering proposal is approved by the Procuring Entity the amount to
Engineering be paid to the Contractor shall be _ % (insert appropriate percentage. The percentage is
normally up to 50%) of the reduction in the Contract Price

SCC 46.4(a)(ii) [Insert rules of arbitration if different from those of the International Chamber of Commerce]-NOT
Arbitration APPLICABLE

SECTION: CONTRACT FORMS

LETTER OF AWARD
To:

This is to notify you that your Tender dated for execution of the for the Contract
Price in the aggregate of , as corrected and modified in accordance with
the Instructions to Tenderers is hereby accepted by our Agency.

63 63
You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract,
using for that purpose one of the Performance Security Forms included in Section X, - Contract Forms, of the Tendering
document.

Authorized Signature: .........................................................................................

Name and Title of Signatory: ...............................................................................

Name of Agency: .................................................................................................

Attachment: Contract Agreement: ......................................................................

64 64
1. CONTRACT AGREEMENT

THIS AGREEMENT is made the day of , ,


BETWEEN

1) a corporation incorporated under the laws of and having its principal


place of business at.......................................... (hereinafter called “the Procuring Entity”), and (2)
, a corporation incorporated under the laws of and having its principal place of business
at (herein after called “the Contractor”).

WHEREAS the Procuring Entity desires to engage the Contractor to design, manufacture, test, deliver, install,
complete and commission certain Facilities, viz. (“the Facilities”), and the Contractor has
agreed to such engagement upon and subject to the terms and conditions herein after appearing.

NOW IT IS HEREBYAGREED as follows:

Article 1. Contract Documents

1.1 Contract Documents (Reference GCC : SECTION F)

The following documents shall constitute the Contract between the Procuring Entity and the Contractor, and
each shall be read and construed as an integral part of the Contract:
a) This Contract Agreement and the Appendices hereto
b) Form of Tender and Price Schedules submitted by the Contractor
c) Special Conditions of Contract
d) General Conditions of Contract
e) Specification
f) Drawings
g) Other completed Tendering forms submitted with the Tender
h) Any other documents forming part of the Procuring Entity's Requirements
i) Any other documents shall be added here

1.2 Order of Precedence (Reference GCC: SECTION F)

In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence
shall be the order in which the Contract Documents are listed in Article1.1(Contract Documents) above.
1.3 Definitions (Reference GCC: SECTION F)
Capitalized words and phrases used here in shall have the same meanings as ascribed to them in the General
Conditions.

Article 2. Contract Price and Terms of Payment

2.1 Contract Price (............... )

The Procuring Entity hereby agrees to pay to the Contractor the Contract Price in consideration of the performance
by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of:
……………………………...………………as specified in Price Schedule No 5 (Grand Summary),
and , , or such other sums as may be determined in accordance with
the terms and conditions of the Contract.

2.2 Terms of Payment (Reference GCC: SECTION F)

65 65
The terms and procedures of payment according to which the Procuring Entity will reimburse the Contractor are
given in the Appendix (Terms and Procedures of Payment) hereto.

The Procuring Entity may instruct its bank to issue an irrevocable confirmed documentary credit made available
to the Contractor in a bank in the country of the Contractor.

66 66
In the event that the amount payable under Schedule No.1 is adjusted in accordance with GCC 11.2 or with any of the
other terms of the Contract, the Procuring Entity shall arrange for the documentary credit to be amended accordingly.

3.1 Effective Date (Reference GCC: SECTION F)

The Effective Date from which the Time for Completion of the Facilities shall be counted is the date when all of
the following conditions have been fulfilled:
a) This Contract Agreement has been duly executed for and on behalf of the Procuring Entity and the
Contractor;
b) The Contractor has submitted to the Procuring Entity the Performance Security and the advance
payment guarantee;
c) The Procuring Entity has paid the Contractor the advance payment
d) The Contractor has been advised that the documentary credit referred to in Article 2.2 above has been
issued in its favor.

Each party shall use its best efforts to fulfill the above conditions for which it is responsible as soon as
practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of this Contract notification
because of reasons not attributable to the Contractor, the Parties shall discuss and agree on an equitable
adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the Contract.

4.1 The address of the Procuring Entity for notice purposes, pursuant to GCC: SECTION F.

4.2 The address of the Contractor for notice purposes, pursuant to GCC: SECTION F.

5.1 The Appendices listed in the attached List of Appendices shall be deemed to form an integral part of this
Contract Agreement.
5.2 Reference in the Contract to any Appendix shall mean the Appendices attached here to, and the Contract
shall be read and construed accordingly.
5.3 IN WITNESS WHEREOF the Procuring Entity and the Contractor have caused this Agreement to be duly
executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Procuring
Entity.....................................................................[Signature] ............................................................... [Title]
in the presence of Signed by, for and on behalf of the
Contractor..........................................................................[Signature] .......................................... [Title]
in the presence of

67 67
Form ELI 1.1

Tenderer Information Sheet

Date: 22ND JULY 2024

ITT No.: 371665

1. Tenderer’s Legal Name MUSHIMI LIMITED

2. In case of JV, legal name of each party: N/A

3. Tenderer’s actual or intended Country of Registration: KENYA

4. Tenderer’s Year of Registration: 2016

5. Tenderer’s Legal Address in Country of Registration: P.O BOX 22433-00100, NAIROBI

6. Tenderer’s Authorized Representative Information


Name: NOAH CHIULI KHAEMBA MAURICE
Address: P.O BOX 22433-00100, NAIROBI

Telephone/Fax numbers: 0720575846

Email Address: [email protected]

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITT 4.1 and ITT 4.4. In case of JV,
Form of intent to form JV including a draft agreement, or JV agreement, in accordance with ITT 4.1 and ITT 11.2.

In case of state-owned enterprise or institution from Kenya, documents establishing legal and financial autonomy and
compliance with the principles of commercial law, and is not under the supervision of the Procuring Entity in accordance
with ITT 4.6.

Please note that a written authorization needs to be attached to this sheet as required by ITT

68 68
Form ELI 1.2

Party to JV Information Sheet

Date: 22ND JULY 2024

ITT No.: 371665

1. Tenderer’s Legal Name: N/A

2. JV’s Party legal name: N/A

3. JV’s Party Country of Registration: N/A

4. JV’s Party Year of Registration: N/A

5. JV’s Party Legal Address in Country of Registration: N/A

6. JV’s Party Authorized Representative Information


Name:

N/A
Address:
Telephone/Fax numbers:
Email Address:

7. Attached are copies of original documents of:


Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITT 4.1 and ITT 4.4.

In case of state-owned enterprise or institution from Kenya, documents establishing legal and financial autonomy
and compliance with the principles of commercial law and is not under the supervision of the Procuring Entity, in
accordance with ITT 4.6.

69 69
Form CON – 2

Historical Contract Non-Performance

Tenderer's Legal Name: MUSHIMI LIMITED

Date: 22ND JULY 2024

JV Member Legal Name: N/A

ITT No.: 371665

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria

 Contract non-performance did not occur since 1st January 2016 specified in Section III, Evaluation and
Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification
Criteria, requirement 2.1

Year Non- performedContract Identification Total Contract Amount


portion of (current value,
contract currency, exchange
rate and K Shilling
equivalent)

[insert year] [insert amount and Contract Identification: [indicate complete contract name/ [insert amount]
percentage] number, and any other identification]
Name of Procuring Entity: [insert full name]

NONE N/A
Address of Procuring Entity: [insert City/ street/building/floor N/A
number/room number/country]

Reason(s) for nonperformance: [indicate main reason(s)]

Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria

 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3.

 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated
below.

70 70
Year of Amount in Contract Identification Total Contract Amount
dispute dispute (currency), K Shilling
(currency) Equivalent (exchange rate)

Contract Identification: __ _ __
Name of Procuring Entity __________
Address of Procuring Entity: ___ _ __
Matter in dispute: __ _ _ _ _ N/A
Party who initiated the dispute: __

NONE Status of dispute ________


N/A
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute: N/A
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria

 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.

 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4 as indicated
below.

[insert year] [insert Contract Identification: [indicate complete contract [insert amount]
percentage] name, number, and any other identification]

Name of Procuring Entity: [insert full name]

Address of Procuring Entity: [insert City/

N/A
street/building/floor number/room number/country] N/A
NONE Matter in dispute: [indicate main issues in dispute]

Party who initiated the dispute: [indicate “Procuring


Entity” or “Contractor”]

Reason(s) for Litigation and award decision [indicate


main reason(s)]

71 71
Form CCC

Current Contract Commitments / Works in Progress

Tenderers and each member to a JV should provide information on their current commitments on all contracts that have been
awarded, or for which a Form of intent or acceptance has been received, or for contracts approaching completion, but for which
an unqualified, full completion certificate has yet to be issued.

Name of contract Procuring Value of outstanding Estimated Average monthly invoicing


Entity, contact work (current K Shilling completion date over last six months
address/tel equivalent) (K Shilling /month)
1.

2.

3.

4.
NONE
5.

etc.

72 72
Form FIN – 3.1

Financial Situation

Historical Financial Performance

Tenderer’s Legal Name: MUSHIMI LIMITED Date: 22ND JULY 2024

JV Member Legal Name: N/A ITT No.: 371665

To be completed by the Tenderer and, if JV, by each member

Financial information Historic information for previous _ THREE_ (3 ) years


in KES equivalent
(KES)

Year 1 Year 2 Year 3 Year Year Avg. Avg.


… n Ratio
2023 2022 2021
Information from Balance Sheet
220,034,098.33 0.2
Total Assets (TA) 233,818,974.00 221,604,763.00 204,678,558.00

50,689,510.00
Total Liabilities (TL) 49,918,271.00 42,906,760.00 59,243,500.00

169,344,588.00 1
Net Worth (NW) 183,900,703.00 178,698,003.00 145,435,058.00

95,739,547.00 2.1
Current Assets (CA) 106,479,311.00 102,130,882.00 78,608,448.00

45,308,803.00
Current Liabilities 49,918,271.00 42,906,760.00 43,101,378.00
(CL)

Information from Income Statement


625,347,282.00 14.3
Total Revenue (TR) 717,998,663.00 620,977,187.00 537,065,996.00

43,684,590.67
Profits Before Taxes 42,481,666.00 35,218,395.00 53,353,711.00
(PBT)

Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the
years required above complying with the following conditions:
a) Must reflect the financial situation of the Tenderer or member to a JV, and not sister or parent companies.
b) Historic financial statements must be audited by a certified accountant.
c) Historic financial statements must be complete, including all notes to the financial statements.
d) Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).

73 73
Form FIN - 3.2

Average Annual Turnover

Tenderer's Legal Name: MUSHIMI LIMITED Date: 22ND JULY 2024

JV Member Legal Name: N/A ITT No.: 371665

Annual turnover data


Year Amount and Currency KSHILLING equivalent
___ _ _ _ _ _ __ _ _ _ _ _ __ ___ _ _ __ _ __
2023 KSHS 717,998,663.00 717,998,663.00
2022 KSHS 620,977,187.00 620,977,187.00
2021 KSHS 537,065,996.00 537,065,996.00

___ _ _ _ _ _ __ _ _ _ _ _ __ ___ _ _ __ _ __
*Average Kshs 625,347,282.00 625,347,282.00
Annual
Turnover

*Average annual turnover calculated as total certified payments received for work in progress or completed, divided by
the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.
Form FIN3.3

Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other
financial means, net of current commitments, available to meet the total cash flow demands of the subject contractor
contracts as indicated in Section III, Evaluation and Qualification Criteria.
Source of financing Amount (KES) equivalent)
1. CREDIT LINE 50,000,000.00

2. WORKING CAPITAL KSHS 56,561,040.00

3.

4.

74 74
Form EXP 4.1

General Experience

Tenderer's Legal Name: MUSHIMI LIMITED

JV Member Legal Name: N/A

ITT No.: 371665

Date: 22ND JULY 2024

Starting Ending Month / Contract Identification Role of


Month / Year Year Years* Tenderer

2022/20 Contract name: MAIN


23 DRILLING, EQUIPPING CONTRACTOR
_ JUNE 2022 _ MARCH 2023 BOREHOLES AND CONSTRUCTION OF
WATER SUPPLY INFRASTRUCTURE AT
AMARIBA SCHOOL INTERGRATED
WATER CATCHMENT CONSERVATION
KISII MUNICIPAL MARKET WATER
SUPPLY PROJECT KABOSI SCHOOL
WATER SUPPLY PROJECT NYANDEREMA
SCHOOL WATER SUPPLY PROJECT IN
KISII COUNTY
Brief Description of the Works performed by the
Tenderer:
DRILLING, EQUIPPING AND WATER
RETICULATION
Name of Procuring Entity: LAKE BASIN
DEVELOPMENT AUTHORITY
Address: P.O BOX 1516 – 40100, KISUMU
2020/20 Contract name:
21 EQUIPPING, CIVIL AND BUILDING WORKS
_ _APRIL 2021_ OF KONGOTIK GIRLS _ MAIN
AUGUST HIGH SCHOOL AND KAPSOMBOCH CONTRACTOR
2020_ BOREHOLE IN BOMET AND KERICHO
COUNTIES

Brief Description of the Works performed by the


Tenderer: WATER WORKS

Name of Procuring Entity: LAKE VICTORIA SOUTH


WATER WORKS DEVELOPMENT AGENCY

Address:
P.O BOX 3325-40100, KISUMU

75 75
2021 Contract name: DRILLING AND EQUIPPING OF
KIANJOMA COMMUNITY BOREHOLE
_ APRIL 2021 _ OCT 2021_ _ MAIN
_ Brief Description of the Works performed by the CONTRACTOR_
Tenderer: WATER WORKS

Name of Procuring Entity:

Address:
Contract name: REHABILITATION OF ITARE
(MOGOGOSIEK-KAPLETUNDO-KAPLONG) WATER
_ JAN 2020 _ JULY 2020_ SUPPLY _ MAIN
_ CONTRACTOR
Brief Description of the Works performed by the
Tenderer: WATER WORKS

Name of Procuring Entity: COUNTY GOVERNMENT


OF BOMET

Address: P.O BOX 19-20400, BOMET


Contract name: CONSTRUCTION OF SMALL DAMS
AND WATER PANS UNDER THE NATIONAL MAIN
_JAN 2019_ _ MARCH 2019 WATER HARVESTING AND STORAGE CONTRACTOR
PROGRAMME

Brief Description of the Works performed by the


Tenderer: WATER WORKS

Name of Procuring Entity: KERIO VALLEY


DEVELOPMENT AUTHORITY

Address: P.O BOX 68258-00200, NAIROBI


Contract name: DRILLING AND EQUIPPING OF
LOPUSKI BOREHOLE AT LOPUR WARD
OCT 2020 _MARCH 2021_ _ MAIN
Brief Description of the Works performed by the CONTRACTOR _
Tenderer: WATER WORKS AND CIVIL WORKS

Name of Procuring Entity: NORWEGIAN REFUGEE


COUNCIL

Address: P.O BOX 21211-00100, NAIROBI

*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year

76 76
Form EXP –4.2(a)

Specific Experience

Tenderer's Legal Name: MUSHIMI LIMITED

JV Member Legal Name: N/A

Similar Contract No. [insert Information


specific number] of [total number of
contracts] _ required
Description of the similarity in DRILLING, EQUIPPING
BOREHOLES AND CONSTRUCTION OF WATER
accordance with Sub-Factor 4.2a) of
SUPPLY INFRASTRUCTURE AT AMARIBA
Section III: SCHOOL INTERGRATED WATER CATCHMENT
CONSERVATION KISII MUNICIPAL MARKET
WATER SUPPLY PROJECT KABOSI SCHOOL
WATER SUPPLY PROJECT NYANDEREMA
SCHOOL WATER SUPPLY PROJECT IN KISII
COUNTY

Amount _
58,904,365.90
KSHS
Physical size HIGHER_ _
_

Complexity _ SIMILAR _
_

Methods/Technology _ SIMILAR _
_

Physical Production Rate _ ON TIME _


_

1|Page

77
Form EXP –4.2(a)

Specific Experience

Tenderer's Legal Name: MUSHIMI LIMITED

JV Member Legal Name: N/A

Similar Contract No. [insert Information


specific number] of [total number of
contracts] _ required
Description of the similarity in EQUIPPING, CIVIL AND BUILDING WORKS OF
KONGOTIK GIRLS HIGH SCHOOL AND
accordance with Sub-Factor 4.2a) of
KAPSOMBOCH BOREHOLE IN BOMET AND
Section III: KERICHO COUNTIES

Amount _
15,800,480.30
KSHS
Physical size SIMILAR_

Complexity _ SIMILAR _
_

Methods/Technology _ SIMILAR _
_

Physical Production Rate _ ON TIME _


_

2|Page

78
Form EXP –4.2(a)

Specific Experience

Tenderer's Legal Name: MUSHIMI LIMITED

JV Member Legal Name: N/A

Similar Contract No. [insert Information


specific number] of [total number of
contracts] _ required
Description of the similarity in DRILLING AND EQUIPPING OF KIANJOMA
BOREHOLE
accordance with Sub-Factor 4.2a) of
Section III:

Amount _
8,250,000.90
KSHS
Physical size SIMILAR_ _
_

Complexity _ SIMILAR _
_

Methods/Technology _ SIMILAR _
_

Physical Production Rate _ ON TIME _


_

3|Page

79
Form EXP –4.2(b)

Specific Experience in Key Activities

Tenderer’s Legal Name: MUSHIMI LIMITED Date: _22ND JULY 2024

JV Member Legal Name: N/A ITT No.: _371665

Subcontractor’s Legal Name: NONE

Information

Contract Identification ___ _ _ __ _ _ _ _ _ _ __ __


Award date ___ _ _ __ _ _ _ _ _ _ __ __
Completion date ___ _ _ __ _ _ _ _ _ _ __ __
Role in Contract   Subcontractor
Contractor Management
Contractor

Total contract amount ___ _ _ __ _ _ _ _ KSHILLING__


____
If member in a JV or subcontractor, specify
participation of total contract amount ___ _ __% ___ _ _ __ KSHILLING__
____
Procuring Entity’s Name: ___ _ _ __ _ _ _ _ _ _ __ __
Address: ___ _ _ __ _ _ _ _ _ _ __ __
___ _ _ __ _ _ _ _ _ _ __ __
Telephone/fax number: ___ _ _ __ _ _ _ _ _ _ __ __
E-mail: ___ _ _ __ _ _ _ _ _ _ __ __

4|Page

80
BILLS OF QUANTITIES

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SWORN AFFIDAVIT

130
PO Box 22433-00100,
Nairobi.
MUSHIMI LIMITED Email: [email protected]
Tel. +254 720 575 846

REPUBLIC OF KENYA
IN THE MATTER OF A STATUTORY DECLARATION BY NOAH CHIULI KHAEMBA MAURICE

IN THE MATTER OF THE OATHS AND STATUTORY DECLARATIONS ACT


(CHAPTER 15 OF THE LAWS OF KENYA)
STATUTORY DECLARATION

IN REFERENCE TO TENDER NO. 371665 for CONSTRUCTION OF MHM LATRINES AND


REHABILITATION OF THE COMMUNITY BOREHOLES WITHIN KAJIADO COUNTY.

I, NOAH CHIULI KHAEMBA MAURICE, of Post Office Box Number 22433-00100 Nairobi, do
hereby solemnly and sincerely declare as follows:

1. THAT I am a male adult of sound mind and therefore competent to swear this Affidavit.

2. THAT I am the Director of MUSHIMI LIMITED (the Company).

3. THAT I hereby acknowledge and state that none of the directors of the Company has ever been
convicted in any country for any criminal offence relating to fraud or financial impropriety.
4. THAT the Company is in good standing and there is neither a petition for bankruptcy,
insolvency and/or receivership that has been filed against it nor any ongoing litigation in that
regard.

5. THAT I hereby acknowledge and state that the Company has no claim against it for any breach
of contract, contract non-performance, wrongful or unfair dismissal, redundancy, compensation
for loss of office or any other claims or demands arising from any litigation or otherwise and
that no agreement or arrangement is outstanding under which the Company has or could have
any obligation to any person.

6. THAT the Company has not been debarred from participating in Public Procurement in Kenya
as per Section 41 of the Public Procurement and Asset Disposal Act (2015).

7. THAT the Company has not been convicted of any fraudulent and corrupt practices and will
not be engaged in any corrupt or fraudulent practice in this tender.

8. THAT the Company and its associates has no any conflict of interest with any person/persons
in the Procuring Entity.

9. THAT the company is fit and eligible to take part and bid in this tender.

10. THAT the facts declared herein being true to the best of my knowledge, being made
conscientiously believing the same to be true and in accordance with the Oaths and Statutory
Declarations Act (Chapter 15 of the Laws of Kenya).

131
PO Box 22433-00100,
Nairobi.
Email: [email protected]
Tel. +254 720 575 846
MUSHIMI LIMITED

)
SWORN at NAIROBI by the said )
) DEPONENT
NOAH CHIULI KHAEMBA MAURICE )
)
This……. day of……………….20……... )
)
BEFORE ME

COMMISSIONER FOR OATHS )

132
POWER OF ATTORNEY

133
PO Box 22433-00100,
Nairobi.
Email: [email protected]
Tel. +254 720 575 846
MUSHIMI LIMITED

SPECIFIC POWER OF ATTORNEY


KNOW ALL BY THESE PRESENTS THAT WE (THE BOARD OF DIRECTORS) of MUSHIMI LIMITED, a limited
liability company with its registered offices at WOOD AVENUE PARK APARTMENTS, KILIMANI, NAIROBI,
KENYA (hereinafter referred as the “Company”) hereby nominate and constitute and appoint:

NOAH CHIULI KHAEMBA MAURICE


(the “Attorney”)
of P. O. BOX 22433-00100, NAIROBI, KENYA to do all or any of the following acts, deeds and things in the
name of and on behalf of the Company.

To sign and deliver on behalf of the Grantors, especially but without limitations the following in respect to Tender
No. 371665 for CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY
BOREHOLES WITHIN KAJIADO COUNTY-

(a) Be the authorized signatory of the tender to commit the tenderer


(b) Update any information submitted with their bids and in any case the information indicated in the
schedule’s changes; and

(c) Ensure the tenderer continues to meet the minimum threshold criteria set out in the tender documents.

(d) execution of all such other documents and to do all such other things as may, at the discretions of the
Attorney be required to be signed, executed or delivered by the Grantors, or done by the Grantors in
connection with the documents described in this Power of Attorney, or be appropriate or necessary
for effectively or expeditiously carrying out the objects herein authorised; and

(e) Appointment of any substitute(s) for any and all of the above purposes and to revoke such
appointment.

The Grantors irrevocably and unconditionally undertake to indemnify the Attorney against all costs, claims,
expenses and liabilities in whichever way incurred by any of them as a result of the exercise or purported
exercise in good faith of any power conferred by this Power of Attorney.

This Power of Attorney shall be governed by the law of the Republic of Kenya.

134
PO Box 22433-00100,
Nairobi.
Email: [email protected]
MUSHIMI LIMITED Tel. +254 720 575 846

THIS POWER OF ATTORNEY SHALL REMAIN EFFECTIVE UNTIL UNLESS REVOKED EARLIER IN WRITING
IN WITNESS WHEREAS we have set and subscribed our hand (s) and seal as hereunder written on this
day of , 20

SIGNED by said )
NOAH CHIULI KHAEMBA MAURICE )
in the presence of )
)
)
Advocate )

135
MUSHIMI
LIMITED

Company
Profile
136
$oi d to
' Last

It is not the beauty of a building you should look at; its the construction of
the foundation that will stand the test of time .

David Allan Coe


2

Each of us is carving a stone, erecting a column, or cutting a piece of stained


glass in the construction of something much bigger than ourselves.

Adrienne Clarkson

137
Introduction
MUSHIMI LIMITED is a limited liability company founded
by its founding Managing Director NOAH CHIULI
KHAEMBA. The Company was incorporated in Kenya 2016.
Its principal Offices are located in Nairobi.

It is run by professionals with a solid track record in civil


and structural Engineering and project Management both
at consultancy and construction levels. The directors have
professional qualifications and experience necessary to bridges, refurbishment and services involving private and
efficiently deliver building and civil works projects in a public land development.
timely manner.
Mushimi Limited is focused on its customers first The company’s clientele is drawn from the public as well as
service-oriented, civil, road works, generalbuilding, private sector. The company has well trained, experienced
construction and rehabilitation in Kenya. and motivated staff. At the company’s disposal is an array
of equipment that is meant to enhance service delivery to
The Company has the capacity to serve in a wide variety of our clients.
projects; commercial, industrial, residential buildings,
demolition, roads, pavements, reinforced concrete Mushimi Limited prides itself in its patriotic nature, and is
committed to the cause of Kenya as anation and pays all its
due taxes dutifully.

Our Vision Our Mission Core Values

To be the leading infrastructure To create and deliver timely value Integrity, Excellence and Client
and real estate company in our to all our stakeholders using focus.
chosen markets efficient and innovative means

138
Location and Logistics Support
Our Head office is located in Nairobi, Mama Ngina Street OUR SERVICES
and is well equipped with adequate facilities to produce all
necessary documents. The computers are well loaded with o Road construction
the latest software and the key professional staff are all
Building construction including markets and
proficient in both design and draughting software.
stadia
Mushimi Limited has the requisite technical and
Building refurbishments
financial capacity to undertake roads and building
projects. Our staff has the requisite training and o Driveways, pavements and landscaping works
experience to deliver projects in a timely and General civil works
professional manner.

We also have adequate support staff to ensure the


Project Management teams are able to deliver.

139
5

Equipment
Mushimi Limited has a variety of equipment ITEM MACHINE TYPE MODEL
that is employed on projects to ensure projects
1. Tipper Ashock Leyland
are delivered in a most efficient and timely
2. Tipper Ashock Leyland
manner.
3. Tipper Ashock Leyland
Further, t h e C o m p a n y has agreements with a 4. Truck Shovel Komatsu
number of equipment leasers. The equipment are 5. Grader Caterpillar
always maintained in top-notch condition and are 6. Roller JCB
operated by well trained and experienced operators. 7. Self-loading concrete mixer Laizhou
8. Excavators XE215C
In the next table, we give a list of equipment that are
9. Back Hoe JCB 3dx
at our disposal.

140
TAX COMPLIANCE CERTIFICATE

141
For General Tax Questions
Contact KRA Call Centre
Tax Compliance Certificate Tel: +254 (020) 4999 999
Cell: +254(0711)099 999
Email: [email protected]

www.kra.go.ke

Taxpayer PIN : P051580228Y Certificate Date: 12/10/2023


Name and Address :
MUSHIMI LIMITED Certificate Number:
RUPRANI HOUSE, NAIROBI, Starehe District, KRANON1366185623
PO Box:22433,
Postal Code:00100

This is to confirm that MUSHIMI LIMITED,


Personal Identification Number P051580228Y
has filed relevant tax returns and
paid taxes due as provided by Law.

This Certificate will be valid for


twelve (12) months up to 11/10/2024.

This certificate is issued on the basis of information available with the authority as at the
Caveat: certificate date mentioned above. The Authority reserves the right to withdraw the certificate if
new evidence materially alters the tax compliance status of the recipient.

Disclaimer : This certificate is system Generated and therefore does not require signature.You may confirm validity of this certificate on the
iTax Portal by using the TCC Checker.This certificate confirms your compliance status for a period of five years preceding the
date of issue. The certificate may however be with withdrawn on grounds of outstanding debt affecting periods prior to this.

142
COMPANY PIN

143
For General Tax Questions
Contact KRA Call Centre
PIN Certificate Tel: +254 (020) 4999 999
Cell: +254(0711)099 999
Email: [email protected]

www.kra.go.ke

Certificate Date : 14/02/2023


Personal Identification Number
P051580228Y

This is to certify that taxpayer shown herein has been registered with Revenue Authority

Taxpayer Information

Taxpayer Name MUSHIMI LIMITED


Email Address [email protected]

Registered Address

L.R. Number : Building : RUPRANI HOUSE


Street/Road : MUKTAR DADDAR STREET City/Town : NAIROBI
County : Nairobi District : Starehe District
Tax Area : CBD Station : North of Nairobi
P. O. Box : 22433 Postal Code : 00100

Tax Obligation(s) Registration Details

Sr. No. Tax Obligation(s) Effective From Date Effective Till Date Status
1 Income Tax - Company 16/02/2016 N.A. Active
2 Value Added Tax (VAT) 25/01/2023 N.A. Active

The above PIN must appear on all your tax invoices and correspondences with Revenue Authority. Your
accounting end month is December unless a change has been approved by the Commissioner-Domestic Taxes
Department. The status of Tax Obligation(s) with 'Dormant’ status will automatically change to 'Active' on date
mentioned in "Effective Till Date" or any transaction done during the period. This certificate shall remain in force
till further updated.

Disclaimer : This is a system generated certificate and does not require signature.

144
NCA CERTIFICATES & LICENSES

145
M/S MUSHIMI LIMITED

has been duly registered as a WATER WORKS Contractor

Category NCA4
Reg. No 79445/W/0223 Date of Issue: 11/9/2023

Valid Until July 31st 2025

479325

146
M/S MUSHIMI LIMITED
is duly registered as WATER WORKS CONTRACTOR

Category NCA4 Reg. No 79445/W/0223 Date of Issue: 11/9/2023

This license is awarded for a period of ONE(1) YEAR, starting 1/8/2023 and ending 31/7/2024

479325

147
M/S MUSHIMI LIMITED

has been duly registered as a BUILDING WORKS Contractor

Category NCA4
Reg. No 79445/B/1122 Date of Issue: 17/8/2023

Valid Until July 31st 2025

463794

148
M/S MUSHIMI LIMITED
is duly registered as BUILDING WORKS CONTRACTOR

Category NCA4 Reg. No 79445/B/1122 Date of Issue: 17/8/2023

This license is awarded for a period of ONE(1) YEAR, starting 1/8/2023 and ending 31/7/2024

463794

149
M/S MUSHIMI LIMITED

has been duly registered as a ROAD WORKS Contractor

Category NCA4
Reg. No 79445/R/1122 Date of Issue: 17/8/2023

Valid Until July 31st 2025

463795

150
M/S MUSHIMI LIMITED
is duly registered as ROAD WORKS CONTRACTOR

Category NCA4 Reg. No 79445/R/1122 Date of Issue: 17/8/2023

This license is awarded for a period of ONE(1) YEAR, starting 1/8/2023 and ending 31/7/2024

463795

151
M/S MUSHIMI LIMITED

has been duly registered as a ELECTRICAL ENGINEERING SERVICE Contractor

Category NCA4 - Electrical Installation; Electronic; Electronic-Telecommunications PABX, intercoms and telephone wiring; Electronic-Electronic communications (public
address systems and conferences systems; Electronic-Road Communications; Electronic-Structured Cabling and computer networking Installation; Electronic-Security
Surveillance Systems (CCTV) intruder Alarm and access control systems; Lift hoists, escalators, mechanical ramps, travolators, conveyors and belt installation; Generating plants
and Control Panels; Solar Power Generation and Photovoltaic cells installations; Water Tanks, Treatment Plant and Pumping Plant; Compressed Air,Hydraulic, Lp and
Mechanical Gas installation; Installation of Uninterrupted Power supply Systems (UPS), Automatic Voltage Regulators (AVR) and Surge Protectors; Retrofitting for Improving
Energy Efficiency; Construction of Power Transmission Lines and Installation of Power Distributors Equipment;
Reg. No 79445/E/1122 Date of Issue: 17/8/2023

Valid Until July 31st 2025

463796

152
M/S MUSHIMI LIMITED
is duly registered as ELECTRICAL ENGINEERING SERVICE CONTRACTOR

Category NCA4 Reg. No 79445/E/1122 Date of Issue: 17/8/2023

This license is awarded for a period of ONE(1) YEAR, starting 1/8/2023 and ending 31/7/2024

463796

153
M/S MUSHIMI LIMITED

has been duly registered as a MECHANICAL ENGINEERING SERVICE Contractor

Category NCA4 - Plumbing,Drainage and Sanitary Fittings; Refrigeration, cold rooms, Air-Conditioning and Ventilation; Kitchen and Laundry Equipment and Refuse
Disposal Systems; Boilers, Incinerators and Pressure Vessels; Solar Heating Systems; Water Tanks, Treatment Plant and Pumping Plant; Compressed Air,Hydraulic, Lp and
Mechanical Gas installation; Cranes and Hoists; Fire Engineering Services; Health club facilities; Borehole equipment; Hospital Equipment; Mobile Shelving; Roof rain-water
harvesting; Laboratory installations and Fume cupboards; Swimming pool installation; Oil storage, Pumping Reticulation;
Reg. No 79445/M/1122 Date of Issue: 17/8/2023

Valid Until July 31st 2025

463797

154
M/S MUSHIMI LIMITED
is duly registered as MECHANICAL ENGINEERING SERVICE CONTRACTOR

Category NCA4 Reg. No 79445/M/1122 Date of Issue: 17/8/2023

This license is awarded for a period of ONE(1) YEAR, starting 1/8/2023 and ending 31/7/2024

463797

155
CERTIFICATE OF INCORPORATION

156
No. PVT / 2016 /000807

CERTIFICATE OF INCORPORATION

I hereby CERTIFY, that -

MUSHIMI LIMITED

is this 10th day of February, 2016 Incorporated under the Companies Act, 2015 and that the
Company is PRIVATE LIMITED BY SHARES.

Registrar of Companies

157
AGPO CERTIFICATE

158
159
NT/PPD/2024/DGW/4342 VALID UNTIL: 15/04/2026
(WOMEN)
M/s MUSHIMI LIMITED PVT/2016/000807
40304 00100 NAI 15TH APRIL 2024
COMPANY CR12

160
BUSINESS REGISTRATION SERVICE
P. O. BOX 30031
NAIROBI
13 APR 2024

To
MUSHIMI LIMITED
P.O. Box 40304
00100 - G.P.O NAIROBI

THE COMPANIES ACT, 2015


Records relating to the below company held by the Companies Registry as at 13 Apr 2024

..
COMPANY MUSHIMI LIMITED
COMPANY NUMBER PVT/2016/000807
NOMINAL SHARE CAPITAL 100,000.00
NUMBER AND TYPE OF SHARES (VALUE PER SHARE) ORDINARY: 1000 (KES 100.00 EACH)
DATE OF REGISTRATION 10TH FEB, 2016
P.O BOX 22433 G.P.O NAIROBI
TELEPHONE: +254720575846, EMAIL:
[email protected]
REGISTERED OFFICE
COUNTY: , DISTRICT: , LOCALITY:
STREET: MAMA NGINA STREET, BUILDING:
TRANSNATIANAL PLAZA
POSTAL ADDRESS P.O BOX 22433 G.P.O NAIROBI
ENCUMBRANCES

Name of Directors and Shareholders of the above company with their particular are as follows

NAME DESCRIPTION ADDRESS NATIONALITY SHARES


NOAH CHIULI KHAEMBA P.O BOX 22433 G.P.O ORDINARY:
DIRECTOR/SHAREHOLDER KENYAN
MAURICE NAIROBI 300
CHRISTINE NELIMA ORDINARY:
DIRECTOR/SHAREHOLDER P.O BOX 1 G.P.O NAIROBI KENYAN
KHAEMBA 700
TOTAL 1000

Yours Faithfully,
REGISTRAR OF COMPANIES
REF NO: OS-52FXDLLM

DISCLAIMER: THIS IS A SYSTEM GENERATED CERTIFICATE AND DOES NOT REQUIRE A SIGNATURE

161
DIRECTORS' IDENTIFICATION

162
163
164
BUSINESS PERMIT

165
166
167
AUDITED STATEMENTS

168
R/18958

2024

CPA Machogu Vincent Mboga

KAXTON CERTIFIED PUBLIC ACCOUNTANTS LLP

P/2446
31st December 2024

1st day of January 2024

169
2024

KAXTON CERTIFIED PUBLIC ACCOUNTANTS LLP

PF/829
31st day of December 2024

170
MUSHIMI LIMITED

ANNUAL REPORT AND FINANCIAL STATEMENTS

FOR THE YEAR ENDED 31ST DECEMBER 2023

171
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Contents Page

Company Information 1

Directors' Report 2

Statement of Directors' Responsibilities 3

Report of the Independent Auditor 4

Statement of Financial Position 5

Statement of Comprehensive Income 6

Statement of Cashflow 7

Notes to the Financial Statements 8-14

172
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Company Information

Directors : Mr. Noah Chiuli

Current Physical Address : Transnational Building, Mama Ngina Street

: 4th Floor

: P.O. Box 22433-00100

: Nairobi.

Auditors : Kaxton CPAs LLP

: Certified Public Accountants of Kenya

: P.O Box 16552-00100

: Nairobi.

Bankers : Kenya Commercial Bank

: Lavington Branch

: Nairobi

Page 1

173
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Director(s) report

The Director(s) submit their report and audited financial statements for the year
ended 31st December, 2023 which discloses the state of affairs of the business.

Principal activity
Real Estate Development and general civil construction works.

Results
The results of the business for the year is shown on page 5.

Dividend
The directors do not recommend the declaration of dividends for the year 2023.

Directors
The Directors are shown on page 1.

Auditors
Kaxton CPAs LLP, have expressed their willingness to continue in office in accordance
with section 159 (2) of the Companies Act.

By the order of the Directors

Director ………………………………..

Page 2

174
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Statement of Director(s)' Responsibility

The law requires the Director(s) to prepare Financial Statements for each financial
year which give a true and fair view of the state of affairs of the business as at the end of
the financial year and of the operating results of the business for that year.It also requires the
Director(s) to ensure that the business keeps proper accounting records which disclose with
reasonable accuracy at any time the financial position of the business.

The Director(s) accepts responsibility for the annual financial statements, which have been prepared
using appropriate accounting policies supported by reasonable and prudent judgements and
estimates, in conformity with the International Financial Reporting Standards and in the manner
required by law. The Director(s) are of the opinion that the financial statements
give a true and fair view of the state of affairs of the business and of its operating results. The
Director further accept responsibility for the maintenance of accounting records which
may be relied upon in the presentation of the financial statements,as well as adequate systems
of Internal Financial Control.

Nothing has come to the attention of the Director(s) to indicate that the business will not remain
a going concern for atleast the next twelve months from the date of this statement.

Approved by Director(s) on 21st February 2023 and signed :

Director………...………….……….……….

Page 3

175
REPORT OF THE INDEPENDENT AUDITORS TO THE MEMBERS(S)
MUSHIMI LIMITED

Opinion

We have audited the financial statements set out on pages 5 to 8 which have been
prepared on the basis of the accounting policies set out in note 1. We have obtained all
the information and explanations which to the best of our knowledge and belief were
necessary for the purposes of our audit and to provide a reasonable basis for our opinion.
The financial statements of the business are in agreement with the books of account.

Respective Responsibilities of Director(s) and Auditors

The Directors are responsible for the preparation of the financial statements which give
a true and fair view of the state of affairs of the business and of the operating results.
Our responsibility is to express an independent opinion on the financial statements
based on our audit and to report our opinion to you.

Basis of Opinion

We conducted our audit in accordance with International Standards on Auditing. Those


standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free from material misstatement. An audit includes an
examination on a test basis, of evidence supporting the amounts and disclosures in the
financial statements. It also includes an assessment of the accounting principles used and
significant estimates made by the management, as well as an evaluation of the overall
presentation of the financial statements.

Opinion

In our opinion proper books of account have been kept and the financial statements give
a true and fair view of the state of financial affairs of the business as at 31st December 2023and
of its results and cash flows for the year then ended and comply with the International
Accounting Standards.

The engagement partner responsible for the audit resulting in this independent auditors report is
CPA Vincent Mboga Machogu of Practicing No. 2446

KAXTON CERTIFIED PUBLIC ACCOUNTANTS LLP


CERTIFIED PUBLIC ACCOUNTANTS
NAIROBI.

14th March………..2024Nairobi.

Page 4

176
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
STATEMENT OF FINANCIAL POSITION
AS AT 31ST DECEMBER 2023

Notes 2023 2022


Kshs. Kshs.
LIABILITIES AND EQUITY

LIABILITIES
Current Liabilities
Trade and other payables 22a 40,062,524 34,736,092
Current tax payable 9,855,746 8,170,668
Current portion of long term borrowings
49,918,271 42,906,760

Non Current Liabilities


Long term borrowings - -
Shareholders Account - -
- -

EQUITY
Share Capital 100,000 100,000
Retained Earnings 183,800,704 178,598,004

Shareholders' Funds 183,900,704 178,698,004

TOTAL EQUITY AND LIABILITIES 233,818,977 221,604,766

ASSETS
Non-current assets
Property, Plant and Equipment 17 47,339,663 39,473,881
Freehold Land and Buildings 17 80,000,000 80,000,000
- -
127,339,663 119,473,881

Current Assets
Trade and other receivables 22b 98,136,241 92,198,648
Cash and cash equivalents 18 8,343,071 9,932,234
106,479,311 102,130,882

NET ASSETS 233,818,977 221,604,766

The financial statements on pages 5 to 8 were approved by the Director(s)


on 21st February 2024 and were signed.

…………………………………
Director

Page 5

177
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

STATEMENT OF COMPREHENSIVE INCOME

Notes 2023 2022


Kshs. Kshs.
Turnover 717,998,663 620,977,187

Cost of Sales 424,409,010 379,479,159

Gross Profit (Loss) 293,589,653 241,498,028

Operating Expenses

Administration Expenses 14 (196,325,134) (166,717,081)

Other operating expenses 15 (34,611,237) (24,547,122)

Selling and distribution costs 16 (12,608,393) (9,751,985)

Operating Profit/Loss 50,044,890 40,481,840

Finance Costs (7,563,224) (5,263,445)

Profit/loss before tax 42,481,666 35,218,395

Income Tax Expense 9,855,746 8,170,668

Profit after Tax from trading activities 52,337,412 43,389,063

Revaluation Surplus (non operating) - -

Retained Earnings for the year 52,337,412 43,389,063

Page 6

178
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
AS AT 31ST DECEMBER 2023

CASH FLOW STATEMENT


2023 2022
KShs KShs
CASH FLOW FROM OPERATING ACTIVITIES

Surplus(Deficit) before tax 42,481,666 35,218,395

Non cash adjustments


Depreciation 10,510,443 8,608,119
Interest expense 7,563,224 5,263,445
Cash flow from operating Activities before 60,555,332 49,089,959
Working Capital Changes

Changes in working capital


Decrease/(increase) in inventories - -
Decrease/(increase) in receivables (5,937,593) (19,279,755)
Increase/(decrease) in payables 5,326,432 4,618,267
Changes in working Capital (611,161) (14,661,488)

Interest paid (7,563,224) (5,263,445)


Tax paid 8,170,668 (8,173,789)
Net cash generated from operating activities 60,551,615 20,991,237

CASH FLOWS FROM INVESTING ACTIVITIES


Purchase of Property, Plant & Equipment (18,376,224) (2,011,890)
Purchase of Land (50,000,000) (20,000,000)
Net cash from/(used in) Investing activities (68,376,224) (22,011,890)

CASH FLOW FROM FINANCING ACTIVITIES


Borrowings received 6,235,445 5,263,332
Principal Repayments of long-term borrowings
Loan from the shareholders
Net cash from/(used in) Financial activities 6,235,445 5,263,332

Net Increase/(decrease) in cash and cash equivalents (1,589,164) 4,242,679

Movement in cash and cash equivalents


As at start of the year 9,932,234 5,689,555
(Decrease)/Increase (1,589,164) 4,242,679
As at 31st December 2023 8,343,071 9,932,234

Page 7

179
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

NOTES TO THE FINANCIAL STATEMENTS

The principal accounting policies adopted in the preparation of these financial statements are set out
below:

GENERAL INFORMATION

Mushimi Limited (the company) is incorporated in Kenya under the Companies Act (Cap 486)
as a private company limited by shares, and is domiciled in Kenya.
The principal business address is Transnational Building 4th Floor, Along Mama Ngina Street, Nairobi.
P.O. Box 22433 00100 Nairobi.

1. Basis of preparation
The financial statements are prepared in compliance with International Financial Reporting Standards
(IFRS). The financial statements are presented in the functional currency, Kenya shilling (Kshs) under
the historical cost convention.

The preparation of financial statements in conformity with IFRS requires the use of estimates and
assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Although these estimates are based on the directors' best
knowledge of current events and actions, actual results ultimately may differ from those estimates.

2. Revenue recognition
Revenue is recognized to the extent that is probable that the economic benefits will flow to the
company and the revenue can be reliably measured. The following specific recognition criteria
must be met before revenue is recognized.

Rendering of services
Revenue is recognized when the significant risks and rewards of ownership of the services have
passed to the buyer and the amount of revenue can be measured reliably.

3. Taxation

(a) Corporation tax


Current taxation is provided on the basis of results for the year as adjusted in accordance with
tax legislation.

(b) Deferred taxation


Deferred taxation is provided using the liability method for all temporary differences between the
tax bases of assets and liabilities and their carrying values in the statement of financial position
for financial reporting purposes. Currently enacted tax rates are used to determine deferred tax.

Page 8
180
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Notes to the accounts continued

4. Property, plant and equipment


All property, plant and equipment are initially recorded at cost.

Depreciation is calculated on the reducing balance basis to write down the cost of each assets to their
residual values over their estimated useful life as follows:
PER ANNUM
Heavy commmercial vehicles 20.0%
Computers and other office equipment 15.0%
Furniture and fittings 12.5%

Gains and losses on disposal of property, plant and equipment are determined by reference to their
carrying amount and taken into account in determining operating profit.

5. Provisions
Provisions are recognized when the company has a present legal or constructive obligation as a result of
past events, it is probable that an outflow of resources embodying economic benefits will, be required to
settle the obligation, and a reliable estimate of the amount of the obligation can be made.

6. Employment benefits
(a) Pension obligations
The company also contributes to a statutory defined contribution pension scheme, the National Social
Security Fund (NSSF). Contributions are determined by local statute and are currently limited to Kshs 200 per
employee per month, with the company contributing a similar amount. The company's contributions to the
above schemes are charged to the profit and loss account in the year to which they relate.

(b) Gratuity obligations


Employees who resign or retire after completing at least one complete year of service are entitled to fifteen
days pay to each completed year of service. The liability recognized in the statement of financial position if the
present value of the estimated future cash flows, calculated annually. Any increases or decreases in the
provision are accounted for in the income statement.

7. Share Capital
Ordinary shares are classified as equity.

8. Cash and Cash Equivalents


Cash and cash equivalents comprise cash in hand and with banks. For the purposes of cash flow statement,
cash and cash equivalents are stated net of bank overdrafts. In the statement of financial position, bank
overdrafts are included in borrowings in current liabilities.

Page 9
181
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Notes to the accounts continued

9. Financial instruments
Financial instruments carried on the statement of financial position include cash and bank balances, trade
receivables, trade payables, leases, borrowings and taxation. The particular recognition methods adopted
are disclosed in the individual policy statements associated with each item.

10. Trade Receivables


Trade receivables are carried at anticipated realizable value. An estimate is made for doubtful receivables
based on a review of all outstanding amounts at the year-end. Bad debts are written off in the year in which
they are identified.

11. Trade Payables


Trade payables are stated at their nominal value.

12. Financial and Business Risk Management


The company risk limits are regularly assessed to ensure alignment with the company's objectives and
prevalent market conditions. The directors are closely involved in ensuring that a variety of techniques are
used to assess and manage the said risks.

(a) Finance risk


The company's policy is to manage its finance costs by relying primarily on loans. Any borrowings are
negotiated on the basis of a fixed rate of finance charges.

(b) Currency Risk


The company is exposed to risk through transactions in foreign currencies. The company's exposures give
rise to foreign currency gains and losses that are recognised in the income statement. The company ensures
that its net exposure is kept to an acceptable level by a careful monitoring of exchange rates and currency
hedging.

13. Critical accounting estimates and judgements


Estimates and judgements are continually evaluated and are based on historical experience and other factors,
including experience of future events that are believed to be reasonable under the circumstances.

In the process of applying company's policies, management has made judgements in deterring:

● The classification of financial assets and liabilities


● Whether assets are impaired
● Provisions and contingent liabilities

Page 10
182
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Notes to the accounts continued

Schedule of Operating Expenditure


2023 2022
14.Administration Expenses Kshs. Kshs.
Salaries and wages 72,212,261 59,679,555
Printing & stationery 1,857,416 1,238,278
Subcontract Fees 96,841,545 84,958,412
Marketing 5,314,763 4,088,279
Repairs and Maintenance 9,176,809 7,515,814
Audit fee 350,000 350,000
Licences 1,313,247 1,085,331
Legal and professional fees 172,000 172,000
Miscellaneous Expenses 1,595,347 1,204,036
Office general expenses 3,554,050 2,932,094
Internet Costs 444,000 444,000
Bank Charges 459,966 541,136
Insurance 632,683 602,555
Telephone & postage 2,401,046 1,905,592
Total Administration Expenses 196,325,134 166,717,081

2023 2022
15. Other Operating Expenses Kshs. Kshs.
Depreciation 10,510,443 8,608,119
Office rent and rates 12,990,780 9,622,800
Electricity and water 7,286,657 3,168,112
Security Charges 3,823,357 3,148,092
Total other operating expenses 34,611,237 24,547,122

2023 2022
16. Selling and Distribution Costs Kshs. Kshs.
Car hire and transport expenses 7,347,367 5,363,041
Travelling expenses 5,261,027 4,388,944

Total selling and distribution costs 12,608,393 9,751,985

Page 11

183
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Notes to the accounts Continued

17. Property Plant and Equipment

Year ended 31st December 2023

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2023 64,022,662 2,237,849 18,753,707 85,014,218
Additions 15,263,556 2,156,223 956,445 18,376,224
Disposals - - - -
As at 31st December 2023 79,286,218 4,394,072 19,710,152 103,390,442

Accumulated Depreciation and Impairment


As at 1st January 2023Impairment Charge 36,784,073 733,321 8,022,943 45,540,337
for the year - - - -
Charge for the year 8,500,429 549,113 1,460,901 10,510,443
Disposals - - - -
45,284,502 1,282,433 9,483,844 56,050,779

Carrying Amount
As at 31st December 2023 34,001,716 3,111,639 10,226,308 47,339,663

Year ended 31st December 2022

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2022 64,022,662 982,404 17,997,262 83,002,328
Additions 1,255,445 756,445 2,011,890
Disposals - - - -
As at 31st December 2022 64,022,662 2,237,849 18,753,707 85,014,218

Accumulated Depreciation and Impairment


As at 1st January 2022Impairment Charge 29,974,426 467,816 6,489,976 36,932,218
for the year - - - -
Charge for the year 6,809,647 265,505 1,532,966 8,608,119
Disposals - - - -
36,784,073 733,321 8,022,943 45,540,337

Carrying Amount
As at 31st December 2022 27,238,589 1,504,528 10,730,764 39,473,881

Page 12

184
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

Notes to the accounts Continued


2023 2022
Kshs Kshs
18. CASH AND CASH EQUIVALENTS
Sale of investment shares - -
Cash at bank in Kshs 8,343,071 9,932,234
8,343,071 9,932,234
For the purposes of the cash flow statement, the year-end cash and cash equivalents comprises of the above
mentioned details.

19. CAPITAL MANAGEMENT


The company's main objectives when managing capital are:
a) To safeguard the company's ability to continue as a going concern, so that it can continue to provide return
to shareholders and benefits for other stakeholders, and

b) To provide adequate return to shareholders by pricing products and services commensurately with the
level of risk.

20. LONG AND SHORT TERM FINANCING


The client has an untilized line of credit constituting an overdraft facility of Kshs 25,000,000, letters of
guarantee facility of upto Kshs 30,000,000 and LPO financing of Kshs 50,000,000 from NIC Bank.

21. FINANCIAL RISK MANAGEMENT

The company's activities expose it to various financial risks including risk, credit risk, cash flow and exchange
rate risks. The company's risk management programme is intended to minimise potential adverse effects
on the financial performances.

(a) LIQUIDITY RISK

The company is exposed to daily calls on its available cash resources from repayments of borrowings, receipts
management, maintains and payments in the normal course of business. The company, as part of its liquidity
risk and avails funding from adequate amount of committed credit facilities and by maintaining sufficient
cash and bank balances.

Page 13
185
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2023

22. FINANCIAL RISK MANAGEMENT

The table below analysis current assets and liabilities into relevant groupings based on the remaining period as at
31st December 2023 to the contractual maturity date. All figures are in Kenya Shillings.

a) CURRENT LIABILITIES (IN KSHS) Upto 1 year 1-3 years Over 3 years Total
Kshs Kshs Kshs Kshs
Borrowings
Income Tax Due 9,855,746 9,855,746
Trade and other payables as at 31.12.2023 40,062,524 40,062,524
Current portion of long term borrowings - -
49,918,271 49,918,271

(b) CREDIT RISK


1
amounts in full when due. The company structures the level of credit risk it undertakes by placing limits on
the amount of risk accepted in relation to a customer/advance payment. The credit risk associated with
receivables is considered minimal and allowance for uncollectible amounts recognized in financial statements
by the company is considered to be sufficient by the company. Exposure to credit risk is managed through
regular analysis of the ability of customers to make payments when due changing the credit limits where
appropriate.

The company's maximum exposure to credit risk as at the statement of financial position is as detailed in the
table below:
2023 2022
Kshs Kshs
Trade receivables 92,248,066 86,666,729
Other receivables 5,888,174 5,531,919
98,136,241 92,198,648
23. FAIR VALUE

The directors consider that there is no material difference between the fair value and carrying value of the
company's' financial assets and liabilities where fair value details have not been presented.

Page 14
186
MUSHIMI LIMITED

ANNUAL REPORT AND FINANCIAL STATEMENTS

FOR THE YEAR ENDED 31ST DECEMBER 2022

187
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022
Page
Contents
1
Company Information

Directors' Report 2

Statement of Directors' Responsibilities 3

Report of the Independent Auditor 4

Statement of Financial Position 5

Statement of Comprehensive Income 6

Statement of Cashflow 7

Notes to the Financial Statements 8-14

188
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

Company Information

Directors : Mr. Noah Chiuli

Current Physical Address : Transnational Building, Mama Ngina Street

: 4th Floor

: P.O. Box 22433-00100

: Nairobi.

Auditors : Kaxton CPAs LLP

: Certified Public Accountants of Kenya

: P.O Box 16552-00100

: Nairobi.

Bankers : Kenya Commercial Bank

: Lavington Branch

: Nairobi

Page 1

189
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

Director(s) report

The Director(s) submit their report and audited financial statements for the year
ended 31st December, 2022 which discloses the state of affairs of the business.

Principal activity
Real Estate Development and general civil construction works.

Results
The results of the business for the year is shown on page 5.

Dividend
The directors do not recommend the declaration of dividends for the year 2022.

Directors
The Directors are shown on page 1.

Auditors
Kaxton CPAs LLP, have expressed their willingness to continue in office in accordance
with section 159 (2) of the Companies Act.

By the order of the Directors

Director ………………………………..

Page 2

190
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

Statement of Director(s)' Responsibility

The law requires the Director(s) to prepare Financial Statements for each financial
year which give a true and fair view of the state of affairs of the business as at the end of
the financial year and of the operating results of the business for that year.It also requires the
Director(s) to ensure that the business keeps proper accounting records which disclose with
reasonable accuracy at any time the financial position of the business.

The Director(s) accepts responsibility for the annual financial statements, which have been prepared
using appropriate accounting policies supported by reasonable and prudent judgements and
estimates, in conformity with the International Financial Reporting Standards and in the manner
required by law. The Director(s) are of the opinion that the financial statements
give a true and fair view of the state of affairs of the business and of its operating results. The
Director further accept responsibility for the maintenance of accounting records which
may be relied upon in the presentation of the financial statements,as well as adequate systems
of Internal Financial Control.

Nothing has come to the attention of the Director(s) to indicate that the business will not remain
a going concern for atleast the next twelve months from the date of this statement.

Approved by Director(s) on 15th March 2023 and signed :

Director………...………….……….……….

Page 3

191
REPORT OF THE INDEPENDENT AUDITORS TO THE MEMBERS(S)
MUSHIMI LIMITED

Opinion

We have audited the financial statements set out on pages 5 to 8 which have been
prepared on the basis of the accounting policies set out in note 1. We have obtained all
the information and explanations which to the best of our knowledge and belief were
necessary for the purposes of our audit and to provide a reasonable basis for our opinion.
The financial statements of the business are in agreement with the books of account.

Respective Responsibilities of Director(s) and Auditors

The Directors are responsible for the preparation of the financial statements which give
a true and fair view of the state of affairs of the business and of the operating results.
Our responsibility is to express an independent opinion on the financial statements
based on our audit and to report our opinion to you.

Basis of Opinion

We conducted our audit in accordance with International Standards on Auditing. Those


standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free from material misstatement. An audit includes an
examination on a test basis, of evidence supporting the amounts and disclosures in the
financial statements. It also includes an assessment of the accounting principles used and
significant estimates made by the management, as well as an evaluation of the overall
presentation of the financial statements.

Opinion

In our opinion proper books of account have been kept and the financial statements give
a true and fair view of the state of financial affairs of the business as at 31st December 2022and
of its results and cash flows for the year then ended and comply with the International
Accounting Standards.

The engagement partner responsible for the audit resulting in this independent auditors report is
CPA Vincent Mboga Machogu of Practicing No. 2446

KAXTON CERTIFIED PUBLIC ACCOUNTANTS LLP


CERTIFIED PUBLIC ACCOUNTANTS
NAIROBI.

14th March………..2023Nairobi.

Page 4

192
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
STATEMENT OF FINANCIAL POSITION
AS AT 31ST DECEMBER 2022

Notes 2022 2021


Kshs. Kshs.
LIABILITIES AND EQUITY

LIABILITIES
Current Liabilities
Trade and other payables 22a 34,736,092 30,117,825
Current tax payable 8,170,668 8,173,789
Current portion of long term borrowings 4,809,765
42,906,760 43,101,378

Non Current Liabilities


Long term borrowings - 16,142,122
Shareholders Account - -
- 16,142,122

EQUITY
Share Capital 100,000 100,000
Retained Earnings 178,598,004 145,335,058

Shareholders' Funds 178,698,004 145,435,058

TOTAL EQUITY AND LIABILITIES 221,604,766 204,678,561

ASSETS
Non-current assets
Property, Plant and Equipment 17 39,473,881 46,070,110
Freehold Land and Buildings 17 80,000,000 80,000,000
- -
119,473,881 126,070,110

Current Assets
Trade and other receivables 22b 92,198,648 72,918,892
Cash and cash equivalents 18 9,932,234 5,689,555
102,130,882 78,608,448

NET ASSETS 221,604,766 204,678,561

The financial statements on pages 5 to 8 were approved by the Director(s)


on 15th March 2023 and were signed.

…………………………………
Director

Page 5

193
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

STATEMENT OF COMPREHENSIVE INCOME

Notes 2022 2021


Kshs. Kshs.
Turnover 620,977,187 537,065,996

Cost of Sales 379,479,159 328,201,030

Gross Profit (Loss) 241,498,028 208,864,966

Operating Expenses

Administration Expenses 14 (166,717,081) (123,656,614)

Other operating expenses 15 (24,547,122) (21,344,295)

Selling and distribution costs 16 (9,751,985) (3,634,989)

Operating Profit/Loss 40,481,840 60,229,068

Finance Costs (5,263,445) (6,875,357)

Profit/loss before tax 35,218,395 53,353,711

Income Tax Expense 8,170,668 (8,173,789)

Profit after Tax from trading activities 43,389,063 45,179,922

Revaluation Surplus (non operating) - -

Retained Earnings for the year 43,389,063 45,179,922

Page 6

194
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
AS AT 31ST DECEMBER 2022

CASH FLOW STATEMENT


2022 2021
KShs KShs
CASH FLOW FROM OPERATING ACTIVITIES

Surplus(Deficit) before tax 35,218,395 53,353,711

Non cash adjustments


Depreciation 8,608,119 10,246,767
Interest expense 5,263,445 6,875,357
Cash flow from operating Activities before 49,089,959 70,475,835
Working Capital Changes

Changes in working capital


Decrease/(increase) in inventories - -
Decrease/(increase) in receivables (19,279,755) (19,647,431)
Increase/(decrease) in payables 4,618,267 4,004,255
Changes in working Capital (14,661,488) (15,643,176)

Interest paid (5,263,445) (6,875,357)


Tax paid (8,173,789) (7,435,335)
Net cash generated from operating activities 20,991,237 40,521,967

CASH FLOWS FROM INVESTING ACTIVITIES


Purchase of Property, Plant & Equipment (2,011,890) (27,598,057)
Purchase of Land (20,000,000) (37,000,000)
Net cash from/(used in) Investing activities (22,011,890) (64,598,057)

CASH FLOW FROM FINANCING ACTIVITIES


Borrowings received 5,263,332 32,563,221
Principal Repayments of long-term borrowings (9,583,779)
Loan from the shareholders
Net cash from/(used in) Financial activities 5,263,332 22,979,442

Net Increase/(decrease) in cash and cash equivalents 4,242,679 (1,096,648)

Movement in cash and cash equivalents


As at start of the year 5,689,555 6,786,203
(Decrease)/Increase 4,242,679 (1,096,648)
As at 31st December 2022 9,932,234 5,689,555

Page 7

195
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2022

NOTES TO THE FINANCIAL STATEMENTS

The principal accounting policies adopted in the preparation of these financial statements are set out
below:

GENERAL INFORMATION

Mushimi Limited (the company) is incorporated in Kenya under the Companies Act (Cap 486)
as a private company limited by shares, and is domiciled in Kenya.
The principal business address is Transnational Building 4th Floor, Along Mama Ngina Street, Nairobi.
P.O. Box 22433 00100 Nairobi.

1. Basis of preparation
The financial statements are prepared in compliance with International Financial Reporting Standards
(IFRS). The financial statements are presented in the functional currency, Kenya shilling (Kshs) under
the historical cost convention.

The preparation of financial statements in conformity with IFRS requires the use of estimates and
assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Although these estimates are based on the directors' best
knowledge of current events and actions, actual results ultimately may differ from those estimates.

2. Revenue recognition
Revenue is recognized to the extent that is probable that the economic benefits will flow to the
company and the revenue can be reliably measured. The following specific recognition criteria
must be met before revenue is recognized.

Rendering of services
Revenue is recognized when the significant risks and rewards of ownership of the services have
passed to the buyer and the amount of revenue can be measured reliably.

3. Taxation

(a) Corporation tax


Current taxation is provided on the basis of results for the year as adjusted in accordance with
tax legislation.

(b) Deferred taxation


Deferred taxation is provided using the liability method for all temporary differences between the
tax bases of assets and liabilities and their carrying values in the statement of financial position
for financial reporting purposes. Currently enacted tax rates are used to determine deferred tax.

Page 8
196
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2022

Notes to the accounts continued

4. Property, plant and equipment


All property, plant and equipment are initially recorded at cost.

Depreciation is calculated on the reducing balance basis to write down the cost of each assets to their
residual values over their estimated useful life as follows:
PER ANNUM
Heavy commmercial vehicles 20.0%
Computers and other office equipment 15.0%
Furniture and fittings 12.5%

Gains and losses on disposal of property, plant and equipment are determined by reference to their
carrying amount and taken into account in determining operating profit.

5. Provisions
Provisions are recognized when the company has a present legal or constructive obligation as a result of
past events, it is probable that an outflow of resources embodying economic benefits will, be required to
settle the obligation, and a reliable estimate of the amount of the obligation can be made.

6. Employment benefits
(a) Pension obligations
The company also contributes to a statutory defined contribution pension scheme, the National Social
Security Fund (NSSF). Contributions are determined by local statute and are currently limited to Kshs 200 per
employee per month, with the company contributing a similar amount. The company's contributions to the
above schemes are charged to the profit and loss account in the year to which they relate.

(b) Gratuity obligations


Employees who resign or retire after completing at least one complete year of service are entitled to fifteen
days pay to each completed year of service. The liability recognized in the statement of financial position if the
present value of the estimated future cash flows, calculated annually. Any increases or decreases in the
provision are accounted for in the income statement.

7. Share Capital
Ordinary shares are classified as equity.

8. Cash and Cash Equivalents


Cash and cash equivalents comprise cash in hand and with banks. For the purposes of cash flow statement,
cash and cash equivalents are stated net of bank overdrafts. In the statement of financial position, bank
overdrafts are included in borrowings in current liabilities.

Page 9
197
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2022

Notes to the accounts continued

9. Financial instruments
Financial instruments carried on the statement of financial position include cash and bank balances, trade
receivables, trade payables, leases, borrowings and taxation. The particular recognition methods adopted
are disclosed in the individual policy statements associated with each item.

10. Trade Receivables


Trade receivables are carried at anticipated realizable value. An estimate is made for doubtful receivables
based on a review of all outstanding amounts at the year-end. Bad debts are written off in the year in which
they are identified.

11. Trade Payables


Trade payables are stated at their nominal value.

12. Financial and Business Risk Management


The company risk limits are regularly assessed to ensure alignment with the company's objectives and
prevalent market conditions. The directors are closely involved in ensuring that a variety of techniques are
used to assess and manage the said risks.

(a) Finance risk


The company's policy is to manage its finance costs by relying primarily on loans. Any borrowings are
negotiated on the basis of a fixed rate of finance charges.

(b) Currency Risk


The company is exposed to risk through transactions in foreign currencies. The company's exposures give
rise to foreign currency gains and losses that are recognised in the income statement. The company ensures
that its net exposure is kept to an acceptable level by a careful monitoring of exchange rates and currency
hedging.

13. Critical accounting estimates and judgements


Estimates and judgements are continually evaluated and are based on historical experience and other factors,
including experience of future events that are believed to be reasonable under the circumstances.

In the process of applying company's policies, management has made judgements in deterring:

● The classification of financial assets and liabilities


● Whether assets are impaired
● Provisions and contingent liabilities

Page 10
198
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

Notes to the accounts continued

Schedule of Operating Expenditure 2022 2021


14.Administration Expenses Kshs. Kshs.
Salaries and wages 59,679,555 45,556,912
Printing & stationery 1,238,278 825,518
Subcontract Fees 84,958,412 61,569,867
Marketing 4,088,279 2,404,870
Repairs and Maintenance 7,515,814 6,155,458
Audit fee 350,000 350,000
Licences 1,085,331 896,970
Legal and professional fees 172,000 172,000
Miscellaneous Expenses 1,204,036 430,013
Office general expenses 2,932,094 2,418,980
Internet Costs 444,000 444,000
Bank Charges 541,136 636,630
Insurance 602,555 573,862
Telephone & postage 1,905,592 1,221,533
Total Administration Expenses 166,717,081 123,656,614

2022 2021
15. Other Operating Expenses Kshs. Kshs.
Depreciation 8,608,119 10,246,767
Office rent and rates 9,622,800 7,128,000
Electricity and water 3,168,112 1,377,440
Security Charges 3,148,092 2,592,089
Total other operating expenses 24,547,122 21,344,295

2022 2021
16. Selling and Distribution Costs Kshs. Kshs.
Car hire and transport expenses 5,363,041 2,262,887
Travelling expenses 4,388,944 1,372,102

Total selling and distribution costs 9,751,985 3,634,989

Page 11

199
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2022

Notes to the accounts Continued

17. Property Plant and Equipment

Year ended 31st December 2022

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2022 64,022,662 982,404 17,997,262 83,002,328
Additions 1,255,445 756,445 2,011,890
Disposals - - - -
As at 31st December 2022 64,022,662 2,237,849 18,753,707 85,014,218

Accumulated Depreciation and Impairment


As at 1st January 2022Impairment Charge 29,974,426 467,816 6,489,976 36,932,218
for the year - - - -
Charge for the year 6,809,647 265,505 1,532,966 8,608,119
Disposals - - - -
36,784,073 733,321 8,022,943 45,540,337

Carrying Amount
As at 31st December 2022 27,238,589 1,504,528 10,730,764 39,473,881

Year ended 31st December 2021

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2021 41,717,212 946,984 12,740,075 55,404,271
Additions 22,305,450 35,420 5,257,187 27,598,057
Disposals - - - -
As at 31st December 2021 64,022,662 982,404 17,997,262 83,002,328

Accumulated Depreciation and Impairment


As at 1st January 2021Impairment Charge 21,462,367 377,006 4,846,078 26,685,451
for the year - - - -
Charge for the year 8,512,059 90,810 1,643,898 10,246,767
Disposals - - - -
29,974,426 467,816 6,489,976 36,932,218

Carrying Amount
As at 31st December 2021 34,048,236 514,588 11,507,286 46,070,110

Page 12

200
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

Notes to the accounts Continued 2022 2021


Kshs Kshs
18. CASH AND CASH EQUIVALENTS
Sale of investment shares - -
Cash at bank in Kshs 9,932,234 5,689,555
9,932,234 5,689,555
For the purposes of the cash flow statement, the year-end cash and cash equivalents comprises of the above
mentioned details.

19. CAPITAL MANAGEMENT


The company's main objectives when managing capital are:
a) To safeguard the company's ability to continue as a going concern, so that it can continue to provide return
to shareholders and benefits for other stakeholders, and

b) To provide adequate return to shareholders by pricing products and services commensurately with the
level of risk.

20. LONG AND SHORT TERM FINANCING


The client has an untilized line of credit constituting an overdraft facility of Kshs 25,000,000, letters of
guarantee facility of upto Kshs 30,000,000 and LPO financing of Kshs 50,000,000 from NIC Bank.

21. FINANCIAL RISK MANAGEMENT

The company's activities expose it to various financial risks including risk, credit risk, cash flow and exchange
rate risks. The company's risk management programme is intended to minimise potential adverse effects
on the financial performances.

(a) LIQUIDITY RISK

The company is exposed to daily calls on its available cash resources from repayments of borrowings, receipts
management, maintains and payments in the normal course of business. The company, as part of its liquidity
risk and avails funding from adequate amount of committed credit facilities and by maintaining sufficient
cash and bank balances.

Page 13
201
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER
2022

22. FINANCIAL RISK MANAGEMENT

The table below analysis current assets and liabilities into relevant groupings based on the remaining period as at
31st December 2022 to the contractual maturity date. All figures are in Kenya Shillings.

a) CURRENT LIABILITIES (IN KSHS) Upto 1 year 1-3 years Over 3 years Total
Kshs Kshs Kshs Kshs
Borrowings
Income Tax Due 8,170,668 8,170,668
Trade and other payables as at 31.12.2022 34,736,092 34,736,092
Current portion of long term borrowings - -
42,906,760 42,906,760

(b) CREDIT RISK


1
amounts in full when due. The company structures the level of credit risk it undertakes by placing limits on
the amount of risk accepted in relation to a customer/advance payment. The credit risk associated with
receivables is considered minimal and allowance for uncollectible amounts recognized in financial statements
by the company is considered to be sufficient by the company. Exposure to credit risk is managed through
regular analysis of the ability of customers to make payments when due changing the credit limits where
appropriate.

The company's maximum exposure to credit risk as at the statement of financial position is as detailed in the
table below:
2022 2021
Kshs Kshs
Trade receivables 86,666,729 68,543,759
Other receivables 5,531,919 4,375,134
92,198,648 72,918,892
23. FAIR VALUE

The directors consider that there is no material difference between the fair value and carrying value of the
company's' financial assets and liabilities where fair value details have not been presented.

Page 14
202
MUSHIMI LIMITED

ANNUAL REPORT AND FINANCIAL STATEMENTS

FOR THE YEAR ENDED 31ST DECEMBER 2021

203
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Contents Page

Company Information 1

Directors' Report 2

Statement of Directors' Responsibilities 3

Report of the Independent Auditor 4

Statement of Financial Position 5

Statement of Comprehensive Income 6

Statement of Cashflow 7

Notes to the Financial Statements 8-14

204
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Company Information

Directors : Mr. Noah Chiuli

Current Physical Address : Transnational Building, Mama Ngina Street

: 4th Floor

: P.O. Box 22433-00100

: Nairobi.

Auditors : Kaxton CPAs LLP

: Certified Public Accountants of Kenya

: P.O Box 16552-00100

: Nairobi.

Bankers : Kenya Commercial Bank

: Lavington Branch

: Nairobi

Page 1

205
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Director(s) report

The Director(s) submit their report and audited financial statements for the year
ended 31st December, 2021 which discloses the state of affairs of the business.

Principal activity
Real Estate Development and general civil construction works.

Results
The results of the business for the year is shown on page 5.

Dividend
The directors do not recommend the declaration of dividends for the year 2021.

Directors
The Directors are shown on page 1.

Auditors
Kaxton CPAs LLP, have expressed their willingness to continue in office in accordance
with section 159 (2) of the Companies Act.

By the order of the Directors

Director ………………………………..

Page 2

206
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Statement of Director(s)' Responsibility

The law requires the Director(s) to prepare Financial Statements for each financial
year which give a true and fair view of the state of affairs of the business as at the end of
the financial year and of the operating results of the business for that year.It also requires the
Director(s) to ensure that the business keeps proper accounting records which disclose with
reasonable accuracy at any time the financial position of the business.

The Director(s) accepts responsibility for the annual financial statements, which have been prepared
using appropriate accounting policies supported by reasonable and prudent judgements and
estimates, in conformity with the International Financial Reporting Standards and in the manner
required by law. The Director(s) are of the opinion that the financial statements
give a true and fair view of the state of affairs of the business and of its operating results. The
Director further accept responsibility for the maintenance of accounting records which
may be relied upon in the presentation of the financial statements,as well as adequate systems
of Internal Financial Control.

Nothing has come to the attention of the Director(s) to indicate that the business will not remain
a going concern for atleast the next twelve months from the date of this statement.

Approved by Director(s) on 2nd April 2022 and signed :

Director………...………….……….……….

Page 3

207
REPORT OF THE INDEPENDENT AUDITORS TO THE MEMBERS(S)
MUSHIMI LIMITED

Opinion

We have audited the financial statements set out on pages 5 to 8 which have been
prepared on the basis of the accounting policies set out in note 1. We have obtained all
the information and explanations which to the best of our knowledge and belief were
necessary for the purposes of our audit and to provide a reasonable basis for our opinion.
The financial statements of the business are in agreement with the books of account.

Respective Responsibilities of Director(s) and Auditors

The Directors are responsible for the preparation of the financial statements which give
a true and fair view of the state of affairs of the business and of the operating results.
Our responsibility is to express an independent opinion on the financial statements
based on our audit and to report our opinion to you.

Basis of Opinion

We conducted our audit in accordance with International Standards on Auditing. Those


standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free from material misstatement. An audit includes an
examination on a test basis, of evidence supporting the amounts and disclosures in the
financial statements. It also includes an assessment of the accounting principles used and
significant estimates made by the management, as well as an evaluation of the overall
presentation of the financial statements.

Opinion

In our opinion proper books of account have been kept and the financial statements give
a true and fair view of the state of financial affairs of the business as at 31st December 2021and
of its results and cash flows for the year then ended and comply with the International
Accounting Standards.

The engagement partner responsible for the audit resulting in this independent auditors report is
CPA Vincent Mboga Machogu of Practicing No. 2446

KAXTON CERTIFIED PUBLIC ACCOUNTANTS LLP


CERTIFIED PUBLIC ACCOUNTANTS
NAIROBI.

14th March………..2022Nairobi.

Page 4

208
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
STATEMENT OF FINANCIAL POSITION
AS AT 31ST DECEMBER 2021

Notes 2021 2020


Kshs. Kshs.
LIABILITIES AND EQUITY

LIABILITIES
Current Liabilities
Trade and other payables 22a 30,117,825 26,113,570
Current tax payable 8,173,789 7,435,335
Current portion of long term borrowings 4,809,765 6,572,133
43,101,378 40,121,037

Non Current Liabilities


Long term borrowings 16,142,122 18,400,312
Shareholders Account - 10,000,000
16,142,122 28,400,312

EQUITY
Share Capital 100,000 100,000
Retained Earnings 145,335,058 100,155,135

Shareholders' Funds 145,435,058 100,255,135

TOTAL EQUITY AND LIABILITIES 204,678,561 168,776,485

ASSETS
Non-current assets
Property, Plant and Equipment 17 46,070,110 28,718,820
Freehold Land and Buildings 17 80,000,000 80,000,000
- -
126,070,110 108,718,820

Current Assets
Trade and other receivables 22b 72,918,892 53,271,462
Cash and cash equivalents 18 5,689,555 6,786,203
78,608,448 60,057,665

NET ASSETS 204,678,561 168,776,485

The financial statements on pages 5 to 8 were approved by the Director(s)


on 2nd April 2022 and were signed.

…………………………………
Director

Page 5

209
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

STATEMENT OF COMPREHENSIVE INCOME

Notes 2021 2020


Kshs. Kshs.
Turnover 537,065,996 412,762,353

Cost of Sales 328,201,030 247,120,821

Gross Profit (Loss) 208,864,966 165,641,532

Operating Expenses

Administration Expenses 14 (123,656,614) (83,151,983)

Other operating expenses 15 (21,344,295) (14,305,181)

Selling and distribution costs 16 (3,634,989) (1,383,761)

Operating Profit/Loss 60,229,068 66,800,607

Finance Costs (6,875,357) (4,839,484)

Profit/loss before tax 53,353,711 61,961,123

Income Tax Expense (8,173,789) (7,435,335)

Profit after Tax from trading activities 45,179,922 54,525,789

Revaluation Surplus (non operating) - -

Retained Earnings for the year 45,179,922 54,525,789

Page 6

210
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
AS AT 31ST DECEMBER 2021

CASH FLOW STATEMENT


2021 2020
KShs KShs
CASH FLOW FROM OPERATING ACTIVITIES

Surplus(Deficit) before tax 53,353,711 61,961,123

Non cash adjustments


Depreciation 10,246,767 6,292,009
Interest expense 6,875,357 4,839,484
Cash flow from operating Activities before 70,475,835 73,092,617
Working Capital Changes

Changes in working capital


Decrease/(increase) in inventories - -
Decrease/(increase) in receivables (19,647,431) 10,392,179
Increase/(decrease) in payables 4,004,255 5,459,250
Changes in working Capital (15,643,176) 15,851,429

Interest paid (6,875,357) (4,839,484)


Tax paid (7,435,335) (9,952,115)
Net cash generated from operating activities 40,521,967 74,152,446

CASH FLOWS FROM INVESTING ACTIVITIES


Purchase of Property, Plant & Equipment (27,598,057) (102,344)
Purchase of Land (37,000,000) (80,000,000)
Net cash from/(used in) Investing activities (64,598,057) (80,102,344)

CASH FLOW FROM FINANCING ACTIVITIES


Borrowings received 32,563,221 12,812,024
Principal Repayments of long-term borrowings (9,583,779) (5,027,555)
Loan from the shareholders -
Net cash from/(used in) Financial activities 22,979,442 7,784,469

Net Increase/(decrease) in cash and cash equivalents (1,096,648) 1,834,571

Movement in cash and cash equivalents


As at start of the year 6,786,203 4,951,632
(Decrease)/Increase (1,096,648) 1,834,571
As at 31st December 2021 5,689,555 6,786,203

Page 7

211
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

NOTES TO THE FINANCIAL STATEMENTS

The principal accounting policies adopted in the preparation of these financial statements are set out
below:

GENERAL INFORMATION

Mushimi Limited (the company) is incorporated in Kenya under the Companies Act (Cap 486)
as a private company limited by shares, and is domiciled in Kenya.
The principal business address is Transnational Building 4th Floor, Along Mama Ngina Street, Nairobi.
P.O. Box 22433 00100 Nairobi.

1. Basis of preparation
The financial statements are prepared in compliance with International Financial Reporting Standards
(IFRS). The financial statements are presented in the functional currency, Kenya shilling (Kshs) under
the historical cost convention.

The preparation of financial statements in conformity with IFRS requires the use of estimates and
assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Although these estimates are based on the directors' best
knowledge of current events and actions, actual results ultimately may differ from those estimates.

2. Revenue recognition
Revenue is recognized to the extent that is probable that the economic benefits will flow to the
company and the revenue can be reliably measured. The following specific recognition criteria
must be met before revenue is recognized.

Rendering of services
Revenue is recognized when the significant risks and rewards of ownership of the services have
passed to the buyer and the amount of revenue can be measured reliably.

3. Taxation

(a) Corporation tax


Current taxation is provided on the basis of results for the year as adjusted in accordance with
tax legislation.

(b) Deferred taxation


Deferred taxation is provided using the liability method for all temporary differences between the
tax bases of assets and liabilities and their carrying values in the statement of financial position
for financial reporting purposes. Currently enacted tax rates are used to determine deferred tax.

Page 8
212
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Notes to the accounts continued

4. Property, plant and equipment


All property, plant and equipment are initially recorded at cost.

Depreciation is calculated on the reducing balance basis to write down the cost of each assets to their
residual values over their estimated useful life as follows:
PER ANNUM
Heavy commmercial vehicles 20.0%
Computers and other office equipment 15.0%
Furniture and fittings 12.5%

Gains and losses on disposal of property, plant and equipment are determined by reference to their
carrying amount and taken into account in determining operating profit.

5. Provisions
Provisions are recognized when the company has a present legal or constructive obligation as a result of
past events, it is probable that an outflow of resources embodying economic benefits will, be required to
settle the obligation, and a reliable estimate of the amount of the obligation can be made.

6. Employment benefits
(a) Pension obligations
The company also contributes to a statutory defined contribution pension scheme, the National Social
Security Fund (NSSF). Contributions are determined by local statute and are currently limited to Kshs 200 per
employee per month, with the company contributing a similar amount. The company's contributions to the
above schemes are charged to the profit and loss account in the year to which they relate.

(b) Gratuity obligations


Employees who resign or retire after completing at least one complete year of service are entitled to fifteen
days pay to each completed year of service. The liability recognized in the statement of financial position if the
present value of the estimated future cash flows, calculated annually. Any increases or decreases in the
provision are accounted for in the income statement.

7. Share Capital
Ordinary shares are classified as equity.

8. Cash and Cash Equivalents


Cash and cash equivalents comprise cash in hand and with banks. For the purposes of cash flow statement,
cash and cash equivalents are stated net of bank overdrafts. In the statement of financial position, bank
overdrafts are included in borrowings in current liabilities.

Page 9
213
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Notes to the accounts continued

9. Financial instruments
Financial instruments carried on the statement of financial position include cash and bank balances, trade
receivables, trade payables, leases, borrowings and taxation. The particular recognition methods adopted
are disclosed in the individual policy statements associated with each item.

10. Trade Receivables


Trade receivables are carried at anticipated realizable value. An estimate is made for doubtful receivables
based on a review of all outstanding amounts at the year-end. Bad debts are written off in the year in which
they are identified.

11. Trade Payables


Trade payables are stated at their nominal value.

12. Financial and Business Risk Management


The company risk limits are regularly assessed to ensure alignment with the company's objectives and
prevalent market conditions. The directors are closely involved in ensuring that a variety of techniques are
used to assess and manage the said risks.

(a) Finance risk


The company's policy is to manage its finance costs by relying primarily on loans. Any borrowings are
negotiated on the basis of a fixed rate of finance charges.

(b) Currency Risk


The company is exposed to risk through transactions in foreign currencies. The company's exposures give
rise to foreign currency gains and losses that are recognised in the income statement. The company ensures
that its net exposure is kept to an acceptable level by a careful monitoring of exchange rates and currency
hedging.

13. Critical accounting estimates and judgements


Estimates and judgements are continually evaluated and are based on historical experience and other factors,
including experience of future events that are believed to be reasonable under the circumstances.

In the process of applying company's policies, management has made judgements in deterring:

● The classification of financial assets and liabilities


● Whether assets are impaired
● Provisions and contingent liabilities

Page 10
214
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Notes to the accounts continued

Schedule of Operating Expenditure


2021 2020
14.Administration Expenses Kshs. Kshs.
Salaries and wages 45,556,912 34,776,269
Printing & stationery 825,518 550,346
Subcontract Fees 61,569,867 36,651,566
Marketing 2,404,870 1,414,630
Repairs and Maintenance 6,155,458 4,331,779
Audit fee 350,000 205,000
Licences 896,970 741,300
Legal and professional fees 172,000 85,894
Miscellaneous Expenses 430,013 153,576
Office general expenses 2,418,980 1,843,566
Internet Costs 444,000 319,512
Bank Charges 636,630 748,977
Insurance 573,862 546,535
Telephone & postage 1,221,533 783,034
Total Administration Expenses 123,656,614 83,151,983

2021 2020
15. Other Operating Expenses Kshs. Kshs.
Depreciation 10,246,767 6,292,009
Office rent and rates 7,128,000 5,280,000
Electricity and water 1,377,440 598,887
Security Charges 2,592,089 2,134,285
Total other operating expenses 21,344,295 14,305,181

2021 2020
16. Selling and Distribution Costs Kshs. Kshs.
Car hire and transport expenses 2,262,887 954,804
Travelling expenses 1,372,102 428,956

Total selling and distribution costs 3,634,989 1,383,761

Page 11

215
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Notes to the accounts Continued

17. Property Plant and Equipment

Year ended 31st December 2021

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2021 41,717,212 946,984 12,740,075 55,404,271
Additions 22,305,450 35,420 5,257,187 27,598,057
Disposals - - - -
As at 31st December 2021 64,022,662 982,404 17,997,262 83,002,328

Accumulated Depreciation and Impairment


As at 1st January 2021Impairment Charge 21,462,367 377,006 4,846,078 26,685,451
for the year - - - -
Charge for the year 8,512,059 90,810 1,643,898 10,246,767
Disposals - - - -
29,974,426 467,816 6,489,976 36,932,218

Carrying Amount
As at 31st December 2021 34,048,236 514,588 11,507,286 46,070,110

Year ended 31st December 2020

Plant & Computers Furniture & Total


Machinery Equipment other Equipments
Class I Class II Class IV
20% 15% 12.5%
Kshs. Kshs. Kshs. Kshs.
Cost Or Valuation
As at 1st January 2020 41,717,212 844,640 12,740,075 55,301,927
Additions - 102,344 - 102,344
Disposals - - - -
As at 31st December 2020 41,717,212 946,984 12,740,075 55,404,271

Accumulated Depreciation and Impairment


As at 1st January 2020Impairment Charge 16,398,655 276,422 3,718,365 20,393,442
for the year - - - -
Charge for the year 5,063,711 100,584 1,127,714 6,292,009
Disposals - - - -
21,462,367 377,006 4,846,078 26,685,451

Carrying Amount
As at 31st December 2020 20,254,845 569,978 7,893,997 28,718,820

Page 12

216
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

Notes to the accounts Continued


2021 2020
Kshs Kshs
18. CASH AND CASH EQUIVALENTS
Sale of investment shares - -
Cash at bank in Kshs 5,689,555 6,786,203
5,689,555 6,786,203
For the purposes of the cash flow statement, the year-end cash and cash equivalents comprises of the above
mentioned details.

19. CAPITAL MANAGEMENT


The company's main objectives when managing capital are:
a) To safeguard the company's ability to continue as a going concern, so that it can continue to provide return
to shareholders and benefits for other stakeholders, and

b) To provide adequate return to shareholders by pricing products and services commensurately with the
level of risk.

20. LONG AND SHORT TERM FINANCING


The client has an untilized line of credit constituting an overdraft facility of Kshs 25,000,000, letters of
guarantee facility of upto Kshs 30,000,000 and LPO financing of Kshs 50,000,000 from NIC Bank.

21. FINANCIAL RISK MANAGEMENT

The company's activities expose it to various financial risks including risk, credit risk, cash flow and exchange
rate risks. The company's risk management programme is intended to minimise potential adverse effects
on the financial performances.

(a) LIQUIDITY RISK

The company is exposed to daily calls on its available cash resources from repayments of borrowings, receipts
management, maintains and payments in the normal course of business. The company, as part of its liquidity
risk and avails funding from adequate amount of committed credit facilities and by maintaining sufficient
cash and bank balances.

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217
MUSHIMI LIMITED
REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2021

22. FINANCIAL RISK MANAGEMENT

The table below analysis current assets and liabilities into relevant groupings based on the remaining period as at
31st December 2021 to the contractual maturity date. All figures are in Kenya Shillings.

a) CURRENT LIABILITIES (IN KSHS) Upto 1 year 1-3 years Over 3 years Total
Kshs Kshs Kshs Kshs
Borrowings
Income Tax Due 8,173,789 8,173,789
Trade and other payables as at 31.12.2021 30,117,825 30,117,825
Current portion of long term borrowings 4,809,765 4,809,765
43,101,378 43,101,378

(b) CREDIT RISK


The company takes on exposure to credit risk which is the risk that a counter party will be unable to pay
amounts in full when due. The company structures the level of credit risk it undertakes by placing limits on
the amount of risk accepted in relation to a customer/advance payment. The credit risk associated with
receivables is considered minimal and allowance for uncollectible amounts recognized in financial statements
by the company is considered to be sufficient by the company. Exposure to credit risk is managed through
regular analysis of the ability of customers to make payments when due changing the credit limits where
appropriate.

The company's maximum exposure to credit risk as at the statement of financial position is as detailed in the
table below:
2021 2020
Kshs Kshs
Trade receivables 68,543,759 58,781,081
Other receivables 4,375,134 1,276,584
72,918,892 60,057,665
23. FAIR VALUE

The directors consider that there is no material difference between the fair value and carrying value of the
company's' financial assets and liabilities where fair value details have not been presented.

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EXPERIENCE

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KEY PERSORNELL

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PROJECT MANAGER

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EBK/CBA/F/17

ENGINEERS BOARD OF KENYA


Certificate of Continuing Professional Development
Pursuant to Section 32(2) of the Engineers Act, 2011, I hereby certify that

ENG. WAFULA, Oscar Wanyonyi, EBK Reg No. E489

has fulfilled the CPD requirements for the year 2023 and is hereby eligible for

renewal of the Annual Practicing License for the year 2024

Issued by the Board this 16th day of JANUARY 2024

Eng. Margaret N. Ogai, CE


Registrar/Chief Executive Officer

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Powered by TCPDF (www.tcpdf.org)
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CURRICULUM VITAE (CV)

POSITION TITLE .: Project Manager


NAME OF EXPERT: WAFULA, Wanyonyi Oscar
DATE OF BIRTH: 10/04/1980
COUNTRY OF CITIZENSHIP/RESIDENCE Kenya

EDUCATION:

• 2017 M.Sc Civil Engineering, Transportation


• 2004 B.Tech. Civil & Structural Engineering, Moi University

EMPLOYMENT RECORD RELEVANT TO THE ASSIGNMENT

Period Employing organization and your Country Summary of activities performed relevant to
title/ position. Contact information the Assignment
for references
2018- Employer: Mushimi Limited Kenya • Structural design of buildings
Present Position held: Site Agent • Structural Engineering design of storm
Reference water drainage, earth retaining
Tel: 0720 575 846 structures, earthworks and water
Email: [email protected] infrastructure
• Project Management
Oct 2016 to Employer: B&L Engineering Services Kenya • Structural design of buildings
Dec 2017 Ltd • Structural Engineering design of storm
water drainage, earth retaining
For Reference: structures, earthworks and water
Tel No: 0721 365 120 infrastructure
Email: [email protected] • Project Management
Name: Eng. Silas Nguru

Employer: Atkins Consulting Engineers • Structural design of buildings


• Structural Engineering design of storm water
For reference: drainage, earth retaining structures,
Oct 2016 – T: +254722772973 earthworks and water infrastructure
Kenya
Jan 2021 Email: • Project Management
[email protected]
Name: Eng. Bernard Ochieng

Employer: Howard Humphreys East • Structural design of buildings


Africa • Structural Engineering design of storm water
drainage, earth retaining structures,
For reference: earthworks and water infrastructure
Sep 2004- T: +254722772937 • Project Management
Kenya
Sep 2016 Email:
[email protected]
Name: Eng. Bernard Ochieng

Jan 2004 – Employer: Kitololo Consultants • Structural design of buildings


Kenya
May 2005 For Reference: Structural Engineering design of storm water

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T: +254 722 512118 drainage, earth retaining structures, earthworks
Name: Eng. A.S. Kitololo and water infrastructure

MEMBERSHIP IN PROFESSIONAL ASSOCIATIONS AND PUBLICATIONS


• Registered Consulting Engineer, Engineers Board of Kenya
• Corporate Member, Institution of Engineers of Kenya

LANGUAGE SKILLS:
Speaking Reading Writing
ENGLISH Excellent Excellent Excellent
SWAHILI Excellent Excellent Excellent

ADEQUACY FOR THE SERVICES:


Detailed Tasks Assigned Reference to Prior Work/Assignments that Best Illustrates Capability to Handle
the Assigned Tasks:
• Involved in overall Name of assignment or project: Bomet - Mulot Water Supply and Treatment Plant.
coordination for both the Year: 2020 - 2022
internal design team and Location: Kenya
Client: Ministry of Water and Irrigation
engineering services. Main project & assignment features:
• Preliminary and final Design Review and Construction Supervision of water supply and sanitation project
design of structural support targets of Bomet Central Sub- County.
systems for liquid retaining Positions held: Project Manager
structures. Activities performed:
• Supervision of technicians • Design team coordination.
in preparation of • Structural design and construction supervision of the R.C intake chambers, weir
construction drawings, design, flocculation basins, sedimentation lagoons, reinforced concrete water
liaison/coordination with storage tanks and chemical dosing and storage structures as the lead Structural
other external members of Engineer.
the consultants & client Name of assignment or project: Tenwek Hospital water supply, Bomet.
representatives. Year: 2019
Location: Kenya
• Supervise and guide in the Client: Tenwek Hospital
preparation of design and/ Main project & assignment features:
or construction drawings Project was commissioned by Tenwek Hospital to expand their clinical services through
• Review all reports and augmenting of the capacity of water, wastewater and electrical infrastructure.
designs Positions held: Structural Engineer
• Approve the designs or Activities performed:
make suggestions to • Design team coordination.
correct problems
• This will include the • Structural design and construction supervision of the R.C intake chambers, weir
design, flocculation basins, sedimentation lagoons, reinforced concrete water

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development of the layout storage tanks and chemical dosing and storage structures as the lead Structural
designs according to the Engineer.
project’s specifications Name of assignment or project: Ithanga Water Supply.
• Review the challenges and Year: 2018 - 2022
risks of the project and to Location: Kenya
give suggestions to correct Client: Athi Water Services Board
them Main project & assignment features:
• Monitor all operations and Project commissioned by Athi Water Services Board, through financial co-operation with
projects being completed the Kingdom of Belgium for the augmentation of Ithanga water supply to increase the
on site and communicate water supply capacity.
with contractors throughout Positions held: Structural Engineer.
the duration of the project. Activities performed:
• Supervision of construction • Design team coordination.
works including attendance • Structural design and construction supervision of the R.C intake chambers, weir,
at site meetings. flocculation basins, sedimentation tanks, staff accommodation units, project
Review of contractors’ laboratory, reinforced concrete and steel water storage tanks and chemical dosing
construction details and
and storage structures as the lead Structural Engineer.
program, coordinating
contractor’s construction Name of Assignment or Project: Detailed Design and Tender Documentation
program and coordinating Preparation of Water Supply and Sewerage Project for UNICEF& UNMISS in Juba
subcontract works South Sudan
Year: Jan 2016 to Dec 2017
Location: Juba, South Sudan
Client: UNICEF& UNMISS
Main Project Feature : Detailed Design and Tender Documents Preparation for
UNICEF & UNMISS Water Supply and Sewerage Project at the UN House compound in
Juba, It consisted of water treatment capacity of 5000m3/day, pumping stations which
included raw water pumping points, backwash pumping points and treated water
pumping points, water distribution lines of approximately 25km, elevated storage tank,
underground reinforced concrete storage tanks, main trunk lines, sewerage and waste
water treatment works, power house and standby generator.
Position held: Structural Engineer
Activities performed:
• Design and review of structures
• Road and drainage structures condition surveys,
• Collection, reviewing and processing of project data and information, including from
the project site and general project area,
• Preparation of structural Engineering reports, Bills of Quantities and Engineers’
Cost Estimates.
• Coordination of preparation of detailed engineering design drawings and schedules
• Preparation of structural reports
• Hydraulic modelling;
Name of assignment: Feasibility studies and final design preparation of flood control
structures(dams) within Nzoia River Basin
Period: June 2014- December 2015
Location: Kenya
Client: Ministry of Ministry of Devolution and Planning State Department of Devolution
Major project Features
Panel of Expert-Review of preliminary and final design of flood control structures(3dams)
within Nzoia River Basin
Position: Structural Engineer,
Activities performed:
• Works supervision co-ordination (Project Monitoring, Evaluation, and Quality

246
Control).
• Review of the Contractors executive design for sewerage works and the water
supply works.
• Review of the master list for tax exemption.
• Review the proposed flood control water management, O&M and
Instrumentation Plan;
• Review and advice the design, costs, and proposed construction procedures of
the dam and associated structures;

Name of assignment or project: Design Review, Construction Supervision, EIA/RAP,


Preparation of Bid Documentation for Multi Towns Sustainable Water supply and Waste
Water Management Program
Year: 2013
Location: Gatundu, Kenya
Client: AWSB
Position: Structural Engineer
Assignment Details:
Phase 1- Design review
Phase 2- Construction supervision
Main Project Features: Water supply of Ruabura 4,000m3/day, Ng’enda 4,000m3/day
and Handege 9,000m3/day and Construction Supervision 40km of trunk main and
reticulation sewers, and sewerage treatment plant of capacity 3,000m3/day, 5 ablution
blocks and 2000 connections
Activities Performed:
• Design review and construction supervision of 40km trunk main
• Review and approval of contractor’s designs and methods
• Preparation structural design reports
• Collection, reviewing and processing of project data and information, including from
the project site and general project area,
• Coordination of preparation of detailed engineering design drawings and schedules
• Preparation of Bills of Quantities and Engineers’ Cost Estimates.

Name of assignment or project: Detailed Design and Construction Supervision of


Mathira Water Supply Project including two earth dams
Year: 2008 - 2011
Location: Karatina, Kenya
Consultants: Norken Consultants
Position; Structural Engineer
Assignment Details:
The project entailed construction of two earth dams, intake works, treatment plant, Main
transmission pipeline – DN 400mm, 3km and distribution network DN 150-300mm
totalling to 30km.
Activities performed:
• Design review and construction supervision of two earth dams, and distribution
systems
• Geotechnical investigations
• Dam safety and instrumentation
• Review and approval of contractor’s designs and methods
• Geotechnical and material investigations and testing
• Instrumentation and staff training in dam monitoring

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• Supervision and Testing, Provisional acceptance of the works and commissioning
• Preparation of Operation and Maintenance Manuals.
• Review of Contractual claims, variations, Disputes and Arbitration
• Preparation of completed Project Documentation
• Preparation of final of account
• Supervision of Compliance with Environmental, Health and Safety Management Plan
(EHSMP), Social Management Plan (SMP) and Resettlement Action Plan (RAP)
Name of assignment or project: Olkaria 1 Unit 6 Geothermal Power Plant.
Year: 2002 - 2020
Location: Kenya
Client: Civicon Limited.
Main project & assignment features:
The works include civil, structural engineering services for the 70MW geothermal power
plant buildings, infrastructure and ancillary buildings on the project. The power plant and
ancillary buildings are made from structural steel frame supported on reinforced
concrete stub columns, pile caps and bases. The infrastructure included roads, storm
water drainage, power reticulation, street lighting, firefighting and water
supply/reticulation.
Positions held: Structural Engineer.
Activities performed:
• Involved in overall coordination of the internal design team & engineering services
for a 70 MW geothermal power plant in Olkaria.
• Preliminary and final design of structures, supervision of technicians in preparation
of construction drawings, liaison/coordination with other members of the design
team,
• Overall coordination with external consultants and client representatives
Name of assignment or project: Ol Kekun Development, Naivasha.
Year: August 2022 to date
Location: Kenya
Client: Goshen Acquisitions
Main project & assignment features:
7-acre plot off Nairobi – Nakuru highway with commercial and residential zones. The
project involved provision of infrastructure designs for gate house, boundary wall,
internal road network within established right of way, footpaths, storm water drainage,
water reticulation, water storage, sewer reticulation, power/ICT ducting, streetlighting.
Positions held: Lead Civil/Structural Engineer
Activities performed:
• Client liaison.
• Design coordination and review.
• Quality control and assurance.
• Preparation of tender documents and procurement support.
Name of assignment or project: Acacia Cove Development, Nanyuki
Year: August 2022 to date
Location: Kenya
Client: Goshen Acquisitions
Main project & assignment features:
42 - acre plot subdivided into 0.5 - acre residential plots. The project involved
provision of infrastructure designs for gate house, boundary wall, internal road
network within established right of way, footpaths, storm water drainage, water
reticulation, water storage, power/ICT ducting, streetlighting.
Positions held: Lead Civil/Structural Engineer

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Activities performed:
• Client liaison.
• Design coordination and review.
• Quality control and assurance.
Preparation of tender documents and procurement support.
Name of assignment or project: Kendu Bay Water Treatment works.
Year: 2019
Location: Kenya
Client: Rift Valley Water Services Board (RVWSB)
Main project & assignment features:
Project was commissioned by Rift Valley Water Services Board (RVWSB) on behalf of
Lake Victoria South Water Services Board (LVSWSB) to provide engineering services
for the Design Review and Construction Supervision of a Water treatment and
Sanitation Project.
Positions held: Structural Engineer
Activities performed:
• Design team coordination.
• Structural design and construction supervision of the R.C intake chambers, weir
design, flocculation basins, sedimentation lagoons, reinforced concrete water
storage tanks and chemical dosing and storage structures as the lead Structural
Engineer.
Name of assignment or project: Oyugis Water Treatment works
Year: 2019
Location: Kenya
Client: Rift Valley Water Services Board (RVWSB)
Main project & assignment features:
Project was commissioned by Rift Valley Water Services Board (RVWSB) on behalf of
Lake Victoria South Water Services Board (LVSWSB) to provide engineering services
for the Design Review and Construction Supervision of a Water treatment and
Sanitation Project.
Positions held: Structural Engineer
Activities performed:
• Design team coordination.
• Structural design and construction supervision of the R.C intake chambers, weir
design, flocculation basins, sedimentation lagoons, reinforced concrete water
storage tanks and chemical dosing and storage structures as the lead Structural
Engineer.
Name of assignment or project: Moi’s Bridge and Malava Water treatment works.
Year: 2017
Location: Kenya
Main project & assignment features:
The project focused on the towns of Moi’s Bridge and Malava where the sanitation
systems had been identified for expansion under the Social Pillar of Kenya Vision 2030.
Positions held: Structural Engineer.
Activities performed:
• Design team coordination
• Structural design and construction supervision of the R.C intake chambers, weir,
flocculation basins, sedimentation tanks, staff accommodation units, project
laboratory, reinforced concrete and steel water storage tanks and chemical dosing
and storage structures as the lead Structural Engineer.
Name of assignment or project: Olkaria I Additional Units and Olkaria IV 280 MW

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Geothermal Plants.
Year: June 2012 - Aug 2014
Location: Kenya
Client: KenGen
Main project & assignment features:
Steam field, two power plants each with 2 nos. 70MW turbines, a substation at each
plant & 220kv power transmission lines feeding the national grid.
Positions held: Structural Engineer.
Activities performed:
• Preparation of Technical specifications for the 2 EPC contracts (Power Plants,
Substations & Transmission Lines) Civil/Structural designs for the Steam Field
Contract.
• Full time supervision of the civil/structural works across the 3 contracts.
• Worked closely with the Site based project manager on site wide project
management issues.
Name of assignment or project: Nairobi Gate Industrial Park.
Year: 2017 - 2020
Location: Kenya
Client: Impact North KE Ltd.
Main project & assignment features: Grade A logistics Park set on 103 acres.
Positions held: Structural Engineer.
Activities performed:
• Involved in overall coordination for both the internal design team and engineering
services for a 103-acre site on which the client is planning to construct a Grade A
Industrial Park.
• Preliminary and final design of structures.
• Supervision of technicians in preparation of construction drawings,
liaison/coordination with other external members of the consultants & client
representatives.
• Supervision of construction works including attendance at site meetings.
• Review of contractors’ construction details and program, coordinating contractor’s
construction program and coordinating subcontract works.
Name of assignment or project: Two Rivers Retail, Entertainment & Lifestyle
Development along Limuru Road, Nairobi.
Year: 2014 - 2017
Location: Kenya
Client: Two Rivers Development Limited.
Main project & assignment features: Largest mixed use facility mall in sub-Saharan
Africa that includes shopping parking, entertainment, hotel, residential & public
amenities. 2 nos. basement parking & roof level parking & 2 levels shopping mall with a
parkade building & 14 storey office block.
Positions held: Structural Engineer.
Activities performed:
• Involved in preparation of contract specifications and documents
• Civil/structural engineering designs for reinforced concrete works & structural steel
works, earthworks, equipment and pipes support foundations and utility buildings.
• Involved in detailed design & overall coordination of the project with design team’s
consultants & client representatives for the civil/structural works for the project.
Name of assignment or project: Ridgeways Villa Park Housing Development
Year: 2015-2016

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Location: Kenya
Client: Ridgeways Villa Park Ltd.
Main project & assignment features: The works include civil, structural engineering
services for 70 units housing estate and infrastructure on the project. The houses are 4-
bedroom 2 storey houses built on load bearing walls and timber roof structures. The
infrastructure included roads, storm water drainage, street lighting and water supply.
Positions held: Structural Engineer.
Activities performed:
• Involved in overall coordination of the project with design team’s consultants and
client representative.
• Structural Design & engineering services for the reinforced concrete works &
structural steel works for the 70-house residential estate in Ridgeways.
Name of assignment or project: Kipkarren Dam treatment works.
Year: 2015
Location: Kenya
Client: Lake Victoria North Water Services Board
Main project & assignment features:
Project commissioned by Lake Victoria North Water Services Board, through funding
from the World Bank for the Feasibility Study and Final Design for Kipkarren Dam
Treatment Works
Positions held: Structural Engineer.
Activities performed:
• Structural design and construction supervision of the R.C intake chambers,
weir, flocculation basins, sedimentation tanks, staff accommodation units,
project laboratory, reinforced concrete and steel water storage tanks and
chemical dosing and storage structures as the lead Structural Engineer.
Name of assignment or project: Galaxy Gardens Housing Development.
Year: 2005-2020
Location: Kenya
Client: Galaxy Gardens Housing Development
Main project & assignment features:
The works include civil, structural, mechanical and electrical engineering services for
housing and infrastructure on the project. The houses are 3, 4 and 5-bedroom 2 storey
houses built on load bearing walls and timber roof structures. The infrastructure included
roads, storm water drainage, street lighting and water supply.
Positions held: Structural Engineer.
Activities performed:
• Involved in overall coordination of engineering design services for a 460-house
residential estate in Kiambu adjacent to Tatu City.
Name of assignment or project: Olkaria III 2nd Geothermal Plant
Year: Aug 2011-May 2012
Location: Kenya
Client: Ormat Technologies
Main project & assignment features:
3 Nos. additional turbines 16 MW each.
Positions held: Structural Engineer.
Activities performed:
• Design of earthworks, storm water drainage, utilities buildings, equipment &
pipe support foundations.
Name of assignment or project: Olkaria 2 Unit 3 Geothermal Plant
Year: Oct 2007- Jan 2010
Location: Kenya

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Client: Kengen
Main project & assignment features:
Powerhouse & switchyard extension for an additional 35 MW steam turbine.
Positions held: Structural Engineer.
Activities performed:
• Involved in Design Review of all civil/structural engineering designs. This is a
Design Build Project and contractors’ engineering designs are reviewed by the
Project Manager
Name of assignment or project: Major Capex Projects for EABL- 66kV Substation.
Year: Sept. 2009-Feb 2010
Location: Kenya
Client: EABL
Main project & assignment features:
A new 66kV substation to provide power to EABL.
Positions held: Structural Engineer.
Activities performed:
• Responsible for design & supervision of civil/structural works.
Name of assignment or project: Proposed Mae Ridge Housing.
Year: 2005-2020
Location: Kenya
Client: Pan Africa Insurance Holdings Ltd
Main project & assignment features:
The works included civil, structural and electromechanical building services engineering
services for housing and infrastructure on the project. The houses are 4 and 5-bedroom
2 storey houses built on load bearing walls and timber roof structures. The infrastructure
included roads, storm water drainage, street lighting and water supply.
Positions held: Structural Engineer.
Activities performed:
Involved in overall coordination of engineering services for an 80-house residential
estate in Runda.
Name of assignment or project: Proposed Factory Extension for Rift Valley Bottlers.
Year: 2005-2020
Location: Kenya
Client: Rift Valley Bottlers
Main project & assignment features:
This involved design of structural steel portal frames and substructure works for bottling
plant & machinery.
Positions held: Structural Engineer.
Activities performed:
Involved in the preliminary and final design of warehouses and ancillary structures.
Name of assignment or project: Proposed Rwanda Embassy.
Year: 2005-2020
Location: Kenya
Client: Rwanda Embassy
Main project & assignment features:
Involved in overall coordination of engineering services.
Positions held: Structural Engineer.
Activities performed:
Involved in preliminary and detailed design of three buildings comprising the proposed
embassy.
Name of assignment or project: Proposed HQ for UAP Provincial Insurance Co.
Year: 2005-2020
Location: Kenya

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Client: UAP Provincial Insurance Co.
Main project & assignment features:
Involved in overall coordination of engineering services.
Positions held: Structural Engineer.
Activities performed:
Reinforced concrete design and supervision in chief of an 11-storey building along
Hospital Road, Upper Hill.
Name of assignment or project: Extension to Visa Section British High Commission.
Year: 2005-2020
Location: Kenya
Client: British High Commission
Main project & assignment features:
Involved in overall coordination of engineering services.
Positions held: Structural Engineer.
Activities performed:
Design and Supervision in Chief of extensions to the BHC to house their Visa Section.
Name of assignment or project: USAID Office Complex at the US Embassy at Gigiri,
Nairobi.
Year: 2005-2020
Location: Kenya
Client: USAID
Main project & assignment features:
Design and Build contract for the new USAID Office Complex.
Positions held: Structural Engineer.
Activities performed:
Supervision & overall coordination of civil/structural engineering services.
Name of assignment or project: Proposed Offices for British Council.
Year: 2005-2020
Location: Kenya
Client: Price & Myers Consulting Engineers (UK)
Main project & assignment features:
Works included steel reinforcement, materials testing, confirmation of levels, and
coordination of queries between the contractor and the design team as well as sorting
out minor queries raised on site by the contractor.
Positions held: Structural Engineer.
Activities performed:
Day to day supervision of structural works & overall coordination of engineering
services.
Name of assignment or project: Building Condition Survey for The Canadian High
Commission.
Year: 2005-2020
Location: Kenya
Client: Canadian High Commission
Main project & assignment features:
Inspection of a number of residential houses for Canadian High Commission.
Positions held: Structural Engineer.
Activities performed:
Compiling report on the state of the structure and providing recommendations on
remedial action.
Name of assignment or project: New Clinical Laboratories for AMREF.
Year: 2005-2020
Location: Kenya
Client: AMREF
Main project & assignment features:

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Supervision of structural works & overall coordination of engineering services.
Positions held: Structural Engineer.
Activities performed:
Involved in detailed design of the reinforced concrete structure as well as supervision in
chief of the structural works and minor civil works.
Name of assignment or project: Renovations to The Official Residence of The
Canadian High Commission.
Year: 2005-2020
Location: Kenya
Client: Canadian High Commission
Main project & assignment features:
Renovation Works for the residency.
Positions held: Structural Engineer.
Activities performed:
Attended to the structural issues pertaining to the project. These were mainly demolition
and reconstruction work usually encountered in renovation works.
Name of assignment or project: Rehabilitation and Extension to The Ministry of
Finance and Economic Planning Building.
Year: 2005-2020
Location: Rwanda
Client: Government of Rwanda
Main project & assignment features:
Preliminary and final design of the reinforced concrete building.
Positions held: Structural Engineer.
Activities performed:
Involved in preliminary and final design of the reinforced concrete building.
Name of assignment or project: Mezzanine Floor Car Parking Improvement Project for
Hilton Hotel.
Year: 2005-2007
Location: Kenya
Client: Hilton Hotel
Main project & assignment features:
Structural checks on the existing works, feasibility studies, structural design and
detailing of new works, design of parking layouts, preparation of tender and contract
documentation, tender evaluation, construction supervision and contract administration.
Positions held: Structural Engineer.
Activities performed:
• Carried out site surveys and feasibility studies.
• Civil and structural designs (Preliminary and Final)
• Cost estimates for civil works jobs.
• Preparation of tender and contract documentation.
• Overseeing production of structural and civil woodworks drawings.
• Construction supervision and contract administration (including
conducting/attending site meetings and regular site inspections for projects
under construction)
Name of assignment or project: Mazingira House Premises for the Ministry of
Environment.
Year: 2005-2008
Location: Kenya
Client: GoK
Main project & assignment features:
Works included reinforced concrete elevated water tank, four-metre-high retaining walls,

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access staircases and design of an access road finished in concrete paving blocks.
Positions held: Structural Engineer.
Activities performed:
Design & cost estimates for civil works jobs, preparation of tender and contract
documentation.

Name of assignment or project: Proposed Milk Processing Plant for Chemoa Farm.
Year: 2005-2008
Location: Kenya
Client: Chemoa Cooperative Society
Main project & assignment features:
Works included complete civil works design, an all- weather murram access road,
parking and loading bays in concrete paving blocks, foul and stormwater drainage,
septic tanks and a dilution tank to treat wash water from the plant.
Positions held: Structural Engineer.
Activities performed:
Conducted site investigations on the site for the proposed plant and prepared a site
investigation report that was submitted to the client.

Name of assignment or project: Proposed Construction of reinforced concrete


underground water tank.
Year: 2005-2006
Location: Kenya
Client: Egerton University
Main project & assignment features:
Works included Design & Cost estimates for the proposed underground water tank.
Positions held: Structural Engineer.
Activities performed:
Design of reinforced concrete underground water tank and thereafter an Engineer’s
estimate was prepared.

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EXPERT’S CONTACT
INFORMATION : Email : [email protected] Phone : +254 722 229532

CERTIFICATION:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my
qualifications, and my experience, and I am available, as and when necessary, to undertake the Services in case
of an award. I understand that any misstatement or misrepresentation described herein may lead to my
disqualification or dismissal by the Procuring Entity, and/or sanctions by the PPRA.

Eng. Oscar Wafula Wanyonyi 21st June 2024


Name of Expert: Signature Day/Month/Year

Noah Chiuli Khaemba Maurice 21st June 2024


Name of authorized: Signature Day/Month/Year
Countersignature of Authorized Representative

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WATER TECHNICIAN

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JAMES NJOROGE MURIITHI POSITION:
P. O. Box 50173-00100,
[email protected] WATER TECHNICIAN
CURRICULUM VITAE
Minimum Qualification: Diploma in Water Engineering
Name of Firm: Mushimi Limited
KEY QUALIFICATION:
Mr. James Njoroge Muriithi has a Diploma in Water Engineering from the Kenya Water
Institute. Mr Murithi is a renowned Driller and has worked on various motorised drilling
techniques including the cable tool percussion (also known as shell and auger) and rotary
drilling. His area of study mainly majored on Drilling Technology. Mr. Muriithi has various
skills including good critical thinking, excellent communication skills, steady hands and
good coordination that make up the skills toolbox for a good driller. He is able to help set
up, move, operate and dismantle drilling rigs and equipment in order to extract water
from drilling sites.

EXPERIENCE:
From To Company/Project/Position/Relevant Technical and Management
Experience
2020 Date Mushimi Limited
Provision of technical support to new business initiatives, including
drilling project management and implementation and adoption of
new technologies.
Logistical support to site crews.
Designing of pumping systems.
Preparation and compilation of technical reports.
Procurement of services and goods to field staff.
Application and acquisition of Authorizations to drill, NEMA and
County Government Licenses for various clients.
2019 2017 DAYSPRING VENTURES LTD
Provision of technical support to new business initiatives, including
drilling project management and implementation and adoption of
new technologies.
Logistical support to site crews.
Designing of pumping systems.
Preparation and compilation of technical reports.
Procurement of services and goods to field staff.
Application and acquisition of Authorizations to drill, NEMA and
County Government Licenses for various clients.

Page 1 | 3

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2016 2017 KISIMA DRILLING CO. LTD
✓ Collect, organize, analyze and interpret data from drilling
logs and samples for the purpose of effective drilling
operations, well logging and well design.
✓ Write up and fill daily progress/ technical reports
✓ Site staff administration
✓ Test-pumping data analysis and interpretation.
✓ Plan and coordinate borehole rehabilitation activities.

2016 2016 Ministry of Water and Irrigation – Kitale Office


Survey and Design of water projects, irrigations and drainage canals
Training of community-based organizations on the
Community Project Cycle, water, sanitation and hygiene
issues, gender equality, records management and HIV and
AIDS.
Participating in borehole rehabilitation and shallow
well protection programmes
Water quality surveillance on community and public
water supply schemes.
Seconded to Nzoia Water and Sewerage Company for 2 months
where I engaged in water and wastewater treatment, laboratory
techniques, operation, repair and maintenance of pipelines and
related appurtenances.
2015 2017 Kenya Seed Company Ltd

Worked as part of a team in repairing and maintaining of the


corporation`s assets and buildings covering masonry, carpentry,
plumbing, welding and painting in a busy workshop.
Estimated for materials needed to undertake partitioning,
extensions, repairs and renovations.
Maintained an inventory of tools and equipment within the
department.
Maintained the daily attendance register for the workshop
department.
Prepared casual staff wage vouchers for the department. Participated
in promotional events like ASK events, field days, and road shows.

EDUCATION
2014
DIPLOMA IN WATER ENGINEERING – KENYA WATER INSTITUTE

Page 2| 3

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KEY PERSONAL SKILLS
• Help set up, move, operate and dismantle drilling rigs and equipment in order to
extract oil, natural gas, water or minerals from drilling sites.

CERTIFICATION

I, the undersigned certify that to the best of my knowledge and belief, these bio data
correctly describe me, my qualifications, and my experience. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged

JAMES NJOROGE MURIITHI


Mushimi Limited
P. O. Box 50173-00100,
Tel: 0700 131 101
Ndumberi, Kiambu
Email:[email protected]

Page 3| 3

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FOREMAN

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EQUIPMENT

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METRO TOOLS LTD
SMK Business Center along Enterprise road Nairobi, next to Hillocks
Phone: 0738703208
Email: [email protected]

Purchase Receipt
Bill To

Mushimi Limited
P.O BOX 22433-00100 Nairobi
20th March 2023

Item Quantity Unit Price Amount

TOP Concrete Vibrator with 50mm POKER 1 52,500.00 52,500.00

KIPOR POWER Diesel Generator 1 214,000.00 214,000.00

FEIHU FHC-500 Concrete Mixer 1 227,500.00 227,500.00

Geological Spectrum Analyzer PQWT-S500 1 278,000.00 278,000.00

TIANBAO V20.25 Air Compressor 5000 LITER 1 302,800.00 302,800.00

SHANDONG Dewatering Pump 1 65,000.00 65,000.00

Total 1,139,800.00

Thank you For Business with Us

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RECEIPT
Invoice Number:
Document Date:
Order Number.
199989
22-May-23 KOMAT SU
L I M I T E D
Liaision Office, Victoria Towers,
Customer Ref: CASH/CHEQUE
Document Currency: KES Kilimanjaro Avenue, Upper Hill
P.O. Box 13573 - 00800 Westlands
Nairobi
KENYA
To: Cash TEL: +254 20 2715073
E-MAIL: [email protected]
Mushimi Limited
P.O. Box 22433-00100
Nairobi

Item Qty Unit Description Unit Price Disc. % Net Amt.


WSP6509DGS 2.0 PIECE Bison Power Concrete Vibrator 39,500.00 0.00 79,000.00
WSP6512DGS 2.0 PIECE Ocean Pump Dewatering Pump 15,500.00 0.00 31,000.00
WSP6513DGS 2.0 PIECE Ingco Welding Machine 6,500.00 0.00 13,000.00
WSP6515DGS 2.0 PIECE Gnss RTK System Survey Machine 477,800.00 0.00 477,800.00
WSP6516DGS 2.0 PIECE VOLC Air Compressor 44,500.00 0.00 89,000.00
WSP6516DGS 1.0 PIECE Hydraulic Butt Fusion Welding Machine 85,400.00 0.00 85,400.00
WSP6514DGS 1.0 PIECE NUT-12500 15KVA Generator 165,059.00 0.00 165,059.00
WSP6517DGS 1.0 PIECE Lonta JH400 Concrete Mixer 99,035.00 0.00 99,035.00
E. & O. E. Total Net (KES) 1,039,294.00
Remarks: Based on Sales Orders 44660. Based on Deliveries 199687 Rounding Discount 0.00
VAT @ 16.00% 166,287.04
Invoice Total (KES) 1,205,581.00

ORIGINAL
189F9AG182722804858C0C517253B9B375E8DC10 0013 00026613 1406061051 COS09000158

Condition of Sale: All goods are subject to our conditions of sale. Full copy available on request. All goods remain the property of
Komat’su Limited until fully paid for. Payment is due on demand or as per agreed credit terms, whichever is earlier. We reserve the right
to charge interest on overdue accounts. Any query on this invoice must be lodged in writing within 48 hours of receipt. Any goods
returned may be subject to a 10% handling charge if accepted back.

Page 1 of 1 1/N No.:199989

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Tel: 0750 041 963 Email: [email protected]

EQUIPMENT LEASE AGREEMENT


THIS AGREEMENT is made on12th J une 2024 between M’BIG LTD of P.O. Box 732-
50200. (hereinafter referred to as the LEASOR) which expression shall include where the
contents so admits her successors and assigns MUSHIMI LIMITED of P.O.Box
22433-00100 Nairobi (hereinafter referred to as the LESSEE) which expression shall
include where contents so admits her successors and assigns.
THIS AGREEMENT WITHNESSETH AS FOLLOWS:

1. That the leaser agrees to lease MACHINERY/PLANT EQUIPMENT and the


lease agrees to tale the equipment for use at the tendered project in the event they
are awarded a contract arising from their Bid.
2. The subject equipment shall include 1No Back Hoe, 2No Motor Grader, 2No
Single Drum Roller, 2No Pick-up, 1No Crawler Excavator, 4No 20TN Tippers,
1No 18,000Ltrs Water Bowser, 2No Concrete Mixer, 4No. Poker Vibrators,
1No. Hydraulic Drilling Rig, 2No. Test Pumping Equipment and 2No. 2TN
Hoist Crane
3. That payment shall be by irrevocable upon release of payment against the first
certificate as per the agreed rates.
4. That the leaser shall provide operators for all machines as per the projects needs.
5. This lease is valid until 11th August 2027.

IN WITNESS WHERE OF the hands of the dully authorized representatives of the parties on
the day written on the heading of this Agreement.
}
Signed by the duly Authorized Representative of
}…………………………………
M’BIG LIMITED
}
Dantone Kwanutsu

Signed by the duly Authorized Representative of }


DACHI LIMITED
MUSHIMI LIMITED }……………………….

Vincent
Noah Khaemba
OmondiChiuli
Ndubi }
}

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P051154908T
M'BIG LIMITED
44599
00100

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WATER BOWSER

P051154908T
M'BIG LIMITED

Box No: 44599


Code: 00100
Town: NAIROBI

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Registration Certificate
K 2441279 W
.
r * i
i

K2441279 W

REPUBLIC OF KENYA :
i
TRAFFIC ACT (CAP 403). . , i

Entry No 2018MSA7063833 Original No 2019062102440 J


(Section 6(5))
Particulars: — ;r *
Particulars
i
I

Registration: KCV872D r, ! Passengers:


- * i
i

r Tare Weight: !
Chassis/Frame: MB1DTDYC0DHBE1583 . 21670.0 1
: I Tax class
i Make: DRILLING RIGS : Commercial
^ .
' r
*
! Model: . ' 500T ' Axles:.... . ' ;
!


.. :
. .•
.
.. l
; Type: Motor Vehicle ; Load Capacity(Kg): *
i

] Previous Reg. .. .'


i Body: SPECIAL PURPOSE * f
- V
i

»
I Fuel: Diesel
:
\: country:
. '”
" ••
i
j Man Year: 2013 I Previous registration:

Rating: 5759 Registered Owners)


! Engine No: DBHZ401952 i PIN: P051154908T
; Name: M'BIG LIMITED
Color: BLUE & WHITE
Box No.:
:
Reg. Date: 20-Jun-20 44599
Code: 00100
Gross weight: 21670.0
! Town: NAIROBI
Duty: Paid

Number of previous owners.1 *

For official use only:- !

l Authorising Signature and official seal


i
. «

! I
J
i
f l
f :
:
I

21/06/21 Usual signature: f

Important - i
: The

{
person in whose name a vehicie is registered shall unless the contrary be proved, be deemed
to be the owner of the vehicle. Before you use any vehicle on the road,please ensure that your
:
\ insurance against third party risk is in order it is a serious offence to drive v /ithout proper insurance.
,

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PROGRAM OF WORKS

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ID Task Task Name Duration StartQtr 2, 2024 Finish Predecessors Qtr 3, 2024 Qtr 4, 2024
Mode Jun Jul Aug Sep Oct Nov Dec
1 CONSTRUCTION OF 80 days Thu Thu
MHM LATRINES 25/07/24 14/11/24
AND
REHABILITATION OF
THE COMMUNITY
BOREHOLES WITHIN
2 KAJIADO COUNTY
Preliminaries and 14 days Thu Tue
General Items 25/07/24 13/08/24
3 Main Works 66 days Wed 14/08/24
Thu 14/11/24
4 Solarization and 15 days Wed Tue 2
Equipping of 14/08/24 03/09/24
Boreholes
5 Civil Works and 21 days Wed Wed 4
piping for 04/09/24 02/10/24
Olturoto
6 Borehole
Civil works and 11 days Thu Thu 5
Piping 03/10/24 17/10/24
forOlopinyo
7 Borehole
Civil works and 5 days Fri 18/10/24 Thu 6
Piping for 24/10/24
Ilemani
8 Borehole
Construction of 12 days Fri 25/10/24 Mon 7
MHN Latrines 11/11/24
and Burning
9 Chambers
Demobilization 2 days Tue 12/11/24Wed 13/11/248
10 Project Close out0 days Thu 14/11/24Thu 14/11/249 14/11

Task Project Summary Manual Task Start-only Deadline

Project: Project1 Split Inactive Task Duration-only Finish-only Progress


Date: Thu 25/07/24 Milestone Inactive Milestone Manual Summary Rollup External Tasks Manual Progress

Summary Inactive Summary Manual Summary External Milestone

Page 1
299
WORK METHODOLOGY

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REF: STATEMENT OF WORK METHOD

BOREHOLE DRILLING, TEST-PUMPING AND INSTALLATION


This letter highlights the timelines, methodology and processes involved in execution
of drilling, test-pumping and pump installation works.

1. Preliminaries
Application and follow up of Authorization from Water Resource Management
Authority (WRMA), License from NEMA and No Objection Letter from Water Service
Provider

THE HYDRO-GEOLOGICAL SURVEY PROGRAM METHODOLOGY

1.1. Prospecting Methods


1.1.1. Resistivity Method

The electrical properties of rocks in the upper part of the earth’s crust are dependent upon
the lithology,porosity, and the degree of pore space saturation and the salinity of the pore
water. Saturated rocks have lower resistivity than unsaturated and dry rocks.
The higher the porosity of the saturated rock, the lower is its resistivity, and the higher the
salinity of the saturating fluids, the lower the resistivity. The presence of clays and
conductive minerals also reduces the resistivity of the rock. The resistivity of the earth
materials can be studied by measuring the electrical potential distribution produced at the
earth’s surface by an electric current that is passed through the earth.
The resistance R of a certain material is directly proportional to its length L and cross-
sectional area A,expressed as:
R = ρ*L.A (1)

Where ρ is known as the specific resistivity, characteristic of the material and independent
of its shapeor size, With Ohm’s Law;
R=ΔV/I (2)

301
Where 8V is the potential difference across the resistor and I is the electric current through
the resistor,the specific resistivity may be determined by:
ρ = (A/L) Δ V/I) (3)
1.1.2. Resistivity Sounding Method

When carrying out a resistivity sounding, also called vertical electrical sounding (VES), an
electric current (I) is passed into the ground through two metal pegs, the current
electrodes. Subsurface variations in electrical conductivity determine the pattern of current
flow in the ground and thus the distribution of electrical potential.
A measure of this is obtained in terms of the voltage drop (ΔV) between a second pair of
metal peg thepotential electrodes placed near the center of the array. The ratio (V/I)
provides a direct measurementof the ground resistance and from this and the electrode
spacing, the apparent resistivity (ρ) of the ground is calculated.
A series of measurements made with an expanding array of current electrodes
(Schlumberger Array),

allows the flow of current to penetrate greater depths, providing information on the vertical
variation in resistivity. The calculated apparent resistivity is plotted against current
electrode half separation on a bi-logarithmic graph paper to constitute the so-called
sounding curve. The curve depicts a layered earthmodel composed of individual layers of
specific thickness and resistivity.
Interpretation of the sounding curves is based upon the convolution method of Ghosh
(1971) a mathematical curve-fitting procedure. Without additional data for correlation it
can easily lead to a fitting solution that does not quite correspond to reality.
1.1.3. The Combined Werner/VES Method

The combined Werner/VES method locates suitable groundwater zones by making use of
the resistivitycontrast, which exists between fresh unproductive rocks and

302
water bearing zones. The resistivity of fresh basement exceeds 1880 Ω-m, whereas that of
water-bearing zones is lower, being dependent uponthe degree of weathering and the
groundwater quality. The method exploits the different operating characteristics of two
methodologies.
First HEP configuration is used to carry out a conductivity traverse across the area of
interest. In mostcases, two parallel profiles are run, in order to assess the significance and
the direction of the observedanomalies. Vertical Electrical Soundings are then carried out
at the most promising anomalies on the Werner profiles, using an ABEM SAS 1000
Tetrameter. The VES is used to assess the nature of the feature, because a variety of sub-
surface conditions can give rise to similar profiling data.
In addition, the VES is used to predict the thickness of different layers and depth to the
aquifer.

By combining VES, and the resistivity profiling, a ground resistivity model can be obtained
which bestfits both sets of data. The joint computer interpretation helps to reduce the
ambiguity caused by equivalence.

2. Borehole Drilling Procedure


A. Mobilization
Under normal weather conditions;
• Drilling rig and support truck mobilization and transport to site is done within 2 – 3
days.
• Once on site, the drilling, casing and gravel packing takes place within 3 – 5 days
depending on the ground formation.

B. Rig Set Up
The rotary rig will be moved into a position of the selected site by the consulting
hydro geologist. The unit will be levelled into position using hydraulic jacks. This is on pre-
positioned heavy-duty timber slippers. This is done in order to avoid any deviation in the

303
borehole during drilling operations and also to achieve affective vertically of the borehole
C. Actual drilling process
Consolidated Formation we shall deploy the use of hydraulic rotary rig namely DTH with
Mission Hammer Bits. This combines the percussive action of cable tool drilling with the
rotating action of rotary drilling. Its fast penetration rate in medium hard to very hard
formations results from two important factors.
• Since its bottom – hole tool, the piston blows are transmitted directly to the
bit without losing energy through the drill string
• The air is fully used for rapid impacting action and for lifting cuttings from the
hole.
This tool is operated by high-pressure compressed air, injected through hollow
drilling pipes by means of 1200cfm, 320 psi Screw Air Compressor. Compressed air ensures
that the moment water is located, compressed air immediately lifts it to the surface.

We drilled sufficient diameter hole from ground level to final depth (s) using Down-
The-Hole (DTH) hammer with air/Water and foam to a recommended finished borehole.

We shall from time to time allow the consulting hydro geologist to inspect our daily
logs, geotechnical logs, water bearing strata, water rest level, estimation of yields, borehole
plumpness etc.

D. Casing: Installation of 8” Casing pipe – Class – B up to bottom. Generally, ratio of


Plain Casing & Screen casing is 70: 30. But depends up on the hole drilled.

E. Gravel Pack: Inserting 2-4mm natural gravel outside the casing and inside the open
hole for artificial filtration.

F. Development: one need to do development by air jetting until water comes out
clean. Generally, it is 3 hours but still depends up on the hole.

G. Capping: fitting cap on the top until installation of pump etc.

3. Test-Pumping works
For the measuring exact yield of the borehole one has to do test

304
pumping i.e. pump out water continuously 24 hours, then one can know the yield of the well
and the rest level & pumping water level etc. This is most important process to decide the size
of pump.

Upon satisfactory construction of Borehole Development, we shall use an electric


submersible pump with fully functioning non-return valve in the pump itself. We shall then
proceed with expeditious test pumping operations as shall be instructed by the consulting
hydro geologist. This will have been specified and designed to test aquifer parameters such as
hydraulic conductivities, transmissibility and storability from which design yield will be
determined.

The test pump will consist of step draw down and constant drawdown test as per the
instruction of supervisor.
During testing, we shall monitor water level using electric sounding or lighting dipper. The
deeper, we shall go in through a 1” piezometre tube installed alongside the test pumping
rising main secured by insulation tape or cable clip

4. Pump installation
On the basis of test pump report the Pump Installation depth, and size of pump,
motor, delivery pipe, cable, control panel, water meter and other sundries will be designed
and mobilized ready for installation. This will take 2 days upon completion of the test-
pumping works

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METHOD STATEMENT FOR THECONSTRUCTION OF MHM LATRINES.

INTRODUCTION

The below Method Statement will be developed to construction phase upon award of the works. Key
issues are identified in the relevant sections below. The approximate duration of the program of
works is 11 working weeks from commencement of works on site. The works comprise the
partitioning, floor finishing, electrical works, installation of CCTV and mechanical works.

Prior to commencement of works on site, we will attend meetings with the client representative to

co-ordinate staff access and material delivery routes, reporting procedures etc. Following
commencement of works. All internal finishes to be carried out in accordance with drawings and
specifications provide by the design team.

GENERAL WORKS

It is not expected that fit out works will adversely impact on neighboring properties/ floors of the
building but in the event that any impact is foreseen, we will notify the clients’ representative prior
to undertaking works.

ELECTRICAL WORKS

On electrical works, the following is to be undertaken prior to work commencing: An approved


permit for work has been received - A risk assessment has been carried. Persons working on the
work are attired correctly, this shall include long sleeved cotton shirt, cotton drill trousers or overalls
of a fire-retardant material, site specific PPE requirements and clear safety glasses (anti- flash).
Equipment required consist of: rescue kit, rubber mat, low voltage screening, elbow length rubber
gloves, cotton inners and leather outer gloves, insulated tools. One person must not be involved in
any aspects of the work which could result in contact with an energized source.
Means of communication must be immediately available to ensure contact with medial or other
assistance as required. Signage to be prominently displayed and place barricading around the

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area of the live providing at least a 1,000mm boundary. Hang insulating Matts over exposed
electrical components when possible. Check insulation of tools.

Visual inspection shall include: - Basic protection (protection against direct contact with live parts) -
Fault protection (protection against indirect contact with exposed conductive parts) - Protection
against hazardous parts any visual defects identified shall be rectified prior to carrying out the works.

Use manufacturers brand Type A probes, check for tight connections prior to use hang test
equipment adjacent to where probes are being used, do not over extend the leads. Use in-test correct
category test equipment only. Ensure all tools and equipment is maintained in good working order.

TESTING AND COMMISSIONING

The test and commissioning phase is to be identified on the preliminary tender program attached. A
commissioning sequence will be co-ordinated with the M&E installers and the main contractor. The
Client/Client Representative will be invited to attend and witness testing.

HANDOVER

Handover date will be agreed following the production of all tender information and upon
production of the program of works to be approved by the project manager.

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MOBILIZATION SCHEDULE

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CONSTRUCTION OF MHM LATRINES AND REHABILITATION OF THE COMMUNITY BOREHOLES WITHIN KAJIADO COUNTY

MUSHIMI LIMITED
MOBILIZATION SCHEDULE
Commencement of the above captured work on site. It is a preparatory stage during which the majority of activities are managed by our
construction manager.

S/NO MOBILIZATION ACTIVITY ACTION BY TARGET DATE DOCUMENTATION


1.00 Signing of the contract award letter of acceptance Contractors CM Within 7days Letter of acceptance
stakeholders-site handover and introduction to key project
2.00 stakeholders MC, Consultants Within 10 days Site handover minutes
3.00 Deploy technical personnel for execution of the work
Contractor and Before completion Written confirmation of the
4.00 Series of introductory briefing events to all contractor Personnel team of mobilization contractors meetings
Prepare a schedule of suppliers and subcontractors to be engaged Contractor and Before completion Subcontractors
5.00 directly by the MC team of mobilization profiles
Prepare documentation on site-site instruction books, weather Contractor and Before completion
6.00 charts, drawings issue registers team of mobilization Documents
Prepare and present for approval a work program and method Contractor and Before completion
7.00 statement team of mobilization Work program
Before completion
Contractor and of Licenses, permits, active
8.00 Secure permits and licenses and insurance team mobilization insurance
Before completion
Contractor and of mobilization
9.00 Define and make good construction access routes team Access plan
Identify disposal areas and secure allied permits, develop a site Contractor and Before completion
10.00 waste management plan team of mobilization Permits
Contractor and Before completion
11.00 Design a site organization layout team of mobilization Site plan
Contractor and Before completion
12.00 Setting up of the sign boards team of mobilization Sign board design
Setting up stores, site toilet and sanitation, offices and other Contractor and Before completion Materials schedule, site
13.00 temporary structures team of mobilization plan
Contractor and Before completion Contract with
14.00 Deployment of security team of mobilization reputable security firm
Identification and deployment of machinery, equipment and project Contractor and Before completion Required tools, machinery
15.00 start up financing team of mobilization records
Contractor and Before completion
16.00 Agree site access hours and key contacts at the site team of mobilization Contacts chart
Before completion
17.00 Agree review meeting structure Contractor, of mobilization Schedule of meetings
Consultants
Identify material sources, deliver samples for testing and maintain Contractor and Before completion
18.00 such samples/results(satisfactory) on site team of mobilization Test results
Identify means of protection of any adjacent
structures/neighbourhood against any adverse effects of the Contractor and Before completion
of mobilization Due diligence report
19.00 construction team
Contractor and Before completion Schedule of existing
20.00 General site clearance and demolition of any impeding structures team of mobilization structures
Conduct training on Occasional on‐site workers and general support Contractor and Before completion OSHA and safety manual
21.00 workers about OSHA and hazardous waste and operations team of mobilization
Quality assurance-set up a quality assurance and control manual for
use in project controls in reducing failure and errors in Contractor and Before completion QC/QA plan
22.00 construction work team of mobilization
Secure all working drawings, construction details and thoroughly
scrutinize common conditions, work specifications, drawings, geo- Contractor and Before completion Drawings/ drawings issue
23.00 technical reports and similar pre-investigations team of mobilization register
Continued processing of the required submittals which includes
administrative and procedural requirements for submitting project work Contractor and Before completion
team Submittals register
plans, product data, samples and any other submittals required in the of mobilization
24.00 Project Specifications

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SITE ORGANIZATION

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SITE ORGANIZATION

INTRODUCTION.
Site organization by Mushimi Limited will involve tasks, such as site investigation before
construction process starts, material delivery and procurement management, keeping
better site records, keeping good site communication and high level of information flow,
monitoring performance regularly, establishing a well coordination system among
different parts, and performing a neat site layout planning. This will be with the main aim
of preventing accidents, damage and health injury, and wasteful resource consumption by
managing transport times, material loss and waste.

SITE SECURITY AND SAFETY


To avoid losses of materials and plant through theft, vandalism and careless behavior, to
protect equipment and machinery (property) and the public. The site boundary will be
clearly defined by the hoarding and manned gates installed.

CONSTRUCTION EQUIPMENT LOGISTICS


Optimal deployment of equipment and plant to minimize and/or reduce waste.

CONSTRUCTION SITE LAYOUT PLANNING (SITE PLANNING):


A plan for the construction, which is to be prepared by the construction manager as part
of their mobilization activities before work on site commences ensuring the continuous
(uninterrupted) operation during construction.
The contractor shall identify a yard for the safe storage and servicing of equipment and
plant, most preferably centrally located for optimal coverage of the Road sites by the
machinery.

WELFARE AND OFFICE FACILITIES


Management office- documentation and back-up (archive) office - subcontractor’s offices-
meeting (conference) room- toilet (restroom) - dressing room- medical (first aid) room-
guard container shall be provided.

STORING FACILITIES
Closed space required for power tools and weather sensitive materials/components shall
be provided by having designated storage areas for each of the different materials.
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TRANSPORTATION AND STORING MATERIALS
The nature of materials delivered to and from site will be handled depending on whether
they are bulky, standard off shelf materials of fabricated units. The delivery, field storage
and installation be unique to the type of material.

WASTE MANAGEMENT ON SITE


Waste shall be constantly removed and disposed safely.

TRAFFIC ON SITE-ENTRANCES AND EXITS


We will ensure there are separate entry ways and exits for pedestrians and vehicles to
ensure the moving vehicles do not present a hazard to the people working and visiting the
site.

WALK WAYS AND CROSSINGS


Well provide walkways to make sure they are well drained to avoid slips
Minimizing vehicle movements on the construction site by providing separate storage area
for delivery drivers and van parking for workers and visitors
The sketch below is a typical site organization layout for the various sites:

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FINANCIAL CAPACITY

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LINE OF CREDIT

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Wednesday, July 24, 2024

TO WHOM IT MAY CONCERN

Dear Sir/Madam,

RE: BANK REFERENCE LETTER: MUSHIMI LIMITED A/C 1309591474(KES).

Reference is made to an enquiry from our above customer Mushimi Limited


with regard to a bank reference letter. We advise that the customer
maintains one Kenya Shillings accounts in our books.

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