tana water works development agency...the following consultancy services for development of a...

TANA WATER WORKS DEVELOPMENT AGENCY

REQUEST FOR PROPOSAL (RFP)

CONSULTANCY SERVICES FOR DEVELOPMENT OF MASTERPLAN

FOR WATER AND SANITATION

TENDER NO. TWWDA/RFP/002/2020-2021

AUGUST 2020

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TABLE OF CONTENTS

Page INTRODUCTION ……….……………………………………….. 3

SECTION I. Letter of Invitation …………………………… 5

SECTION II. Information to consultants…………………… 6

Appendix to information to Consultants…… 18

SECTION III Technical Proposal ……………………………. 23

SECTION IV. Financial Proposal ………… …………………. 35

SECTION V Terms of Reference ………………………………… 43

SECTION VI. Standard Forms of Contract ……………………… 85

ANNEXES:

Annex I. Large Assignments: Lump-Sum Payments ……… 86

Tana Water Works Development Agency: August 2020; RFP

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INTRODUCTION Tana Water Works Development Agency (TWWDA) was established under

section 65(1) of the Water Act, 2016 vide Legal Notice No. 27 of 26th April 2019. The Agency is one of the nine (9) Water Works Development Agencies

established under the Ministry of Water, Sanitation and Irrigation. The Agency’s mandate is: to undertake the development, maintenance and management of the National Public Water Works within its area of

jurisdiction Water is important for the national development of a country with respect to social, economic, health and environmental spheres. It is a social and

economic good which is critical in sustainable development of the country. It is required by many productive sectors like agriculture, energy, processing

and manufacturing, hospitality, mining, construction and transport. A number of changes which have taken place in the country, such as promulgation of the Constitution of Kenya 2010, enactment of Water Act

2016 and the adoption of Sustainable Development Goals, have created the need development a Water and Sanitation Masterplan. Tana Water Works Development Agency Request for Proposals (RFPs)

(Consultancy Services) for the Development of a Masterplan for Water and Sanitation in its area of jurisdiction. Interested and competent bidders possessing the requisite skills, resources

and experience for execution of the works may obtain documents outlining guidelines for the RFPs from TWWDA Procurement Offices, Maji House, Baden Powell Road, Nyeri during normal working hours. Request for

Proposal Documents can also be downloaded from TWWDA Website: www.tanawwda.go.ke. Request for Proposals shall be accompanied with the necessary requirements as detailed in the documents. Interested bidders are therefore advised to acquaint themselves with the stated requirements. Completed RFPs documents should be submitted in plain sealed envelopes (in “original” and “two copies” PROPERLY BOUND ALL clearly marked: “TWWDA Request for Proposal No. TWWDA/RFP/002/2020-2021 for the Development of a Masterplan for Water and Sanitation” as per instructions in the Request for Proposal documents and addressed to:-

THE CHIEF EXECUTIVE OFFICER TANA WATER WORKS DEVELOPMENT AGENCY

P O BOX 1292-10100 NYERI

Should be deposited in the Tender Box on Ground Floor, Maji House Baden Powell Road on or before 11.00 a.m. local time on 30th September, 2020.


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Request for Proposals (RFPs) documents shall remain valid for 120 days from the date of closing the tender. TWWDA reserves the right to accept or reject any application either in whole or in part without giving reasons for either rejection or acceptance. Selection of firms will be in accordance with the evaluation criteria and guidelines set out in the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal Regulations, 2006.

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SECTION I - LETTER OF INVITATION

TO: (Name and Address of Consultants) Date Dear Sir/Madam,

RE: (Subject of the Consultancy)

1.1 TANA WATER WORKS DEVELOPMENT AGENCY invites proposals for

the following consultancy services for DEVELOPMENT OF A MASTERPLAN FOR WATER AND SANITATION

1.2 The request for proposals (RFP) includes the following documents: Section I - Letter of invitation

Section II - Information to consultants Appendix to Consultants information

Section III - Terms of Reference Section IV - Technical proposals Section V - Financial proposal

Section VI - Standard Contract Form

1.3 Upon receipt, please inform us (a) that you have received the letter of invitation

(b) whether or not you will submit a proposal for the assignment

Yours sincerely

Eng. Moses M. Naivasha CHIEF EXECUTIVE OFFICER

TANA WATER WORKS DEVELOPMENT AGENCY


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SECTION II – INFORMATION TO CONSULTANTS (ITC) Table of Contents Page 2.1 Introduction -- 7 2.2 Clarification and amendment of RFP document -- 8 2.3 Preparation of Technical Proposal -- 8 2.4 Financial proposal -- 10 2.5 Submission, Receipt and opening of proposals -- 11 2.6 Proposal evaluation general -- 11 2.7 Evaluation of Technical proposal -- 12 2.8 Public opening and Evaluation of financial proposal -- 14 2.9 Negotiations -- 15 2.10 Award of Contract -- 16 2.11 Confidentiality -- 17 2.12 Corrupt or fraudulent practices -- 17


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SECTION II: - INFORMATION TO CONSULTANTS (ITC) 2.1 Introduction 2.1.1 The Client named the Appendix to “ITC” will select a firm among those

invited to submit a proposal, in accordance with the method of

selection detailed in the appendix. The method of selection shall be as indicated by the procuring entity in the Appendix.

2.1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Appendix “ITC” for consulting services required for the assignment

named in the said Appendix. A Technical Proposal only may be submitted in assignments where the Client intends to apply standard

conditions of engagement and scales of fees for professional services which are regulated as is the case with Building and Civil Engineering Consulting services. In such a case the highest ranked firm of the

technical proposal shall be invited to negotiate a contract on the basis of scale fees. The proposal will be the basis for Contract negotiations

and ultimately for a signed Contract with the selected firm. 2.1.3 The consultants must familiarize themselves with local conditions and

take them into account in preparing their proposals. To obtain first hand information on the assignment and on the local conditions, consultants are encouraged to liase with the Client regarding any

information that they may require before submitting a proposal and to attend a pre-proposal conference where applicable. Consultants

should contact the officials named in the Appendix “ITC” to arrange for any visit or to obtain additional information on the pre-proposal conference. Consultants should ensure that these officials are

advised of the visit in adequate time to allow them to make appropriate arrangements.

2.1.4 The Procuring entity will provide the inputs specified in the Appendix

“ITC”, assist the firm in obtaining licenses and permits needed to

carry out the services and make available relevant project data and reports.

2.1.5 Please note that (i) the costs of preparing the proposal and of negotiating the Contract, including any visit to the Client are not

reimbursable as a direct cost of the assignment; and (ii) the Client is not bound to accept any of the proposals submitted.

2.1.6 The procuring entity’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate.


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2.1.7 The price to be changed for the tender document shall not exceed Kshs.1,000/=

2.1.8 The procuring entity shall allow the tenderer to review the tender

document free of charge before purchase. 2.2 Clarification and Amendment of RFP Documents

2.2.1 Consultants may request a clarification of any of the RFP documents only up to seven [7] days before the proposal submission date. Any request for clarification must be sent in writing by paper mail, cable,

telex, facsimile or electronic mail to the Client’s address indicated in the Appendix “ITC”. The Client will respond by cable, telex, facsimile

or electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited consultants who intend

to submit proposals.

2.2.2 At any time before the submission of proposals, the Client may for any

reason, whether at his own initiative or in response to a clarification

requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail, cable, telex or facsimile to all invited consultants and will be binding

on them. The Client may at his discretion extend the deadline for the submission of proposals.

2.3 Preparation of Technical Proposal

2.3.1 The Consultants proposal shall be written in English language 2.3.2 In preparing the Technical Proposal, consultants are expected to

examine the documents constituting this RFP in detail. Material deficiencies in providing the information requested may result in

rejection of a proposal. 2.3.3 While preparing the Technical Proposal, consultants must give

particular attention to the following:

(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or other firms or

entities in a joint venture or sub-consultancy as appropriate. Consultants shall not associate with the other consultants invited for this assignment. Any firms associating in

contravention of this requirement shall automatically be disqualified.

(ii) For assignments on a staff-time basis, the estimated number of

professional staff-time is given in the Appendix. The proposal


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shall however be based on the number of professional staff-time estimated by the firm.

(iii) It is desirable that the majority of the key professional staff

proposed be permanent employees of the firm or have an extended and stable working relationship with it.

(iv) Proposed professional staff must as a minimum, have the experience indicated in Appendix, preferably working under conditions similar to those prevailing in Kenya.

(v) Alternative professional staff shall not be proposed and only one

Curriculum Vitae (CV) may be submitted for each position. 2.3.4 The Technical Proposal shall provide the following information using

the attached Standard Forms;

(i) A brief description of the firm’s organization and an outline of recent experience on assignments of a similar nature. For each assignment the outline should indicate inter alia, the profiles of

the staff proposed, duration of the assignment, contract amount and firm’s involvement.

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

of services and facilities to be provided by the Client.

(iii) A description of the methodology and work plan for performing

the assignment.

(iv) The list of the proposed staff team by specialty, the tasks that

would be assigned to each staff team member and their timing.

(v) CVs recently signed by the proposed professional staff and the

authorized representative submitting the proposal. Key information should include number of years working for the firm/entity and degree of responsibility held in various

assignments during the last ten (10) years.

(vi) Estimates of the total staff input (professional and support staff staff-time) needed to carry out the assignment supported by bar chart diagrams showing the time proposed for each professional

staff team member.

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

monitoring of training, if Appendix “A” specifies training as a

major component of the assignment.

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


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2.3.5 The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

2.4.1 In preparing the Financial Proposal, consultants are expected to take into account the requirements and conditions outlined in the RFP

documents. The Financial Proposal should follow Standard Forms (Section D). It lists all costs associated with the assignment including; (a) remuneration for staff (in the field and at headquarters), and; (b)

reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and

demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys, and training, if it is a major component of the assignment. If

appropriate these costs should be broken down by activity. 2.4.2 The Financial Proposal should clearly identify as a separate amount,

the local taxes, duties, fees, levies and other charges imposed under the law on the consultants, the sub-consultants and their personnel,

unless Appendix “A” specifies otherwise. 2.4.3 Consultants shall express the price of their services in Kenya

Shillings Only.

2.4.4 Commissions and gratuities, if any, paid or to be paid by consultants and related to the assignment will be listed in the Financial Proposal submission Form.

2.4.5 The Proposal must remain valid for 60 days after the submission date.

During this period, the consultant is expected to keep available, at his

own cost, the professional staff proposed for the assignment. The Client will make his best effort to complete negotiations within this

period. If the Client wishes to extend the validity period of the proposals, the consultants shall agree to the extension.

2.5 Submission, Receipt, and Opening of Proposals

2.5.1 The original proposal (Technical Proposal and, if required, Financial

Proposal; see para. 1.2) shall be prepared in indelible ink. It shall contain no interlineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initialed

by the persons or person authorised to sign the proposals.


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2.5.2 For each proposal, the consultants shall prepare the number of copies indicated in Appendix “A”. Each Technical Proposal and Financial

Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If

there are any discrepancies between the original and the copies of the proposal, the original shall govern.

2.5.3 The original and all copies of the Technical Proposal shall be placed in

a sealed envelope clearly marked “TECHNICAL PROPOSAL,” and the

original and all copies of the Financial Proposal in a sealed envelope

clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT

OPEN WITH THE TECHNICAL PROPOSAL”. Both envelopes shall

be placed into an outer envelope and sealed. This outer envelope shall bear the submission address and other information indicated in the

Appendix “ITC” and be clearly marked, “DO NOT OPEN, EXCEPT IN

PRESENCE OF THE OPENING COMMITTEE.”

2.5.4 The completed Technical and Financial Proposals must be delivered at

the submission address on or before the time and date stated in the

Appendix “ITC”. Any proposal received after the closing time for submission of proposals shall be returned to the respective consultant unopened.

2.5.5 After the deadline for submission of proposals, the Technical Proposal

shall be opened immediately by the opening committee. The Financial Proposal shall remain sealed and deposited with a responsible officer of the client department up to the time for public opening of financial

proposals. 2.6 Proposal Evaluation General

2.6.1 From the time the bids are opened to the time the Contract is

awarded, if any consultant wishes to contact the Client on any matter related to his proposal, he should do so in writing at the address indicated in the Appendix “ITC”. Any effort by the firm to influence

the Client in the proposal evaluation, proposal comparison or Contract award decisions may result in the rejection of the

consultant’s proposal.

2.6.2 Evaluators of Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded. 2.7 Evaluation of Technical Proposal

The evaluation committee appointed by the Client shall evaluate the proposals on the basis of their responsiveness to the Terms of

Reference, applying the evaluation criteria as follows


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2.7.1 Preliminary evaluation of open Request for Proposal

Preliminary Evaluation The Tender Processing Committee shall first conduct a preliminary

evaluation to determine whether i. the tender has been submitted in the required format; ii. the tender has been signed by the person lawfully authorized to

do so; iii. the required number of copies of the tender have been

submitted; - (original and two copies of the Technical Proposal;

original and two copies of the Financial Proposal) iv. the forms of technical and financial proposal submission forms

have been completed, stamped and signed v. the tender is valid for the period required ; and vi. all required documents and information have been submitted.

2.7.2 Mandatory Requirements

Participating firms will be required to attach copies of the following documents as part of their RFP.

Mandatory / Statutory requirements

i. Certificate of Company / Firm Registration

ii. List of Directors with respective shareholding & details of citizenship

iii. Valid TAX Compliance Certificate or equivalent

iv. Audit Accounts for the last two years v. Current registration and practicing certificates of

professional bodies vi. Power of attorney (of Tender signatory) in case of a joint

venture

Failure to provide any of the above will result to disqualification. Any firm specifically exempted from any of the requirements may provide documentary proof of the same.

(RFPs which do not satisfy any of the above requirements (clause

2.7.1 & 2.7.2) shall be rejected)


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TECHNICAL EVALUATION

Minimum cut off point is 75 % of the Total Score.

Criteria, sub-criteria, and point system for the evaluation of the Full Technical Proposals:

i) Specific experience of the Consultant (as a firm) relevant to the Assignment:

(ii) Adequacy and quality of the proposed methodology, and work plan in

responding to the Terms of Reference (TORs): a) Technical approach and methodology

b) Work plan

c) Organization and staffing

Total points for criterion (ii):

Points

10

20

5

5

30

iii) Key Experts’ qualifications and competence for the Assignment:

Team Member Points

Team Leader 10

Surface Water Hydrologist 6

Ground Water Hydrologist 6

Geotechnical / Soils Engineer 6

Water Supply Engineers (3) 6

Civil / Structural Engineer 5

Electro-mechanical Engineer 4

Economist 4

Environmental Scientist /

Manager 4

Sociologist 4

TOTAL INPUT 55

The required qualification and experience of the experts is provided below.

Total points for criterion (iii):

The number of points to be assigned to each of the above positions shall be

determined considering the following three sub-criteria and relevant percentage

weights:

1) General qualifications (general education, training, and experience): 20 %

2) Adequacy for the Assignment (relevant education, training, experience in the

sector/similar assignments ) 70%

3) Relevant experience in the region (working level fluency in local

language(s)/knowledge of local culture or administrative system, government

organization, etc.): 10 %

Total weight: 100%

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(iv) Participation by nationals among proposed Key Experts: 5

Total points for the four criteria: 100

Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this stage if it does not respond to

important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Appendix “ITC”.


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Note Documentation in support of bid responses must be supplied to enable the

evaluation of the relevance of the responses. Bidders will be awarded 0 (zero) points for an item if no documented proof is attached for that specific item.

Take note that only supplied information will be adjudicated and no effort will be made to request outstanding information 2.8 Public Opening and Evaluation of Financial Proposal

2.8.1 After Technical Proposal evaluation, the Client shall notify those consultants whose proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and Terms of

Reference, indicating that their Financial Proposals will be returned after completing the selection process. The Client shall

simultaneously notify the consultants who have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals and stating that the opening ceremony is open to

those consultants who choose to attend. The opening date shall not be sooner than seven (7) days after the notification date. The notification

may be sent by registered letter, cable, telex, facsimile or electronic mail.

2.8.2 The Financial Proposals shall be opened publicly in the presence of the consultants’ representatives who choose to attend. The name of the consultant, the technical. Scores and the proposed prices shall be

read aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of the public opening.

2.8.3 The evaluation committee will determine whether the financial

proposals are complete (i.e. Whether the consultant has costed all the

items of the corresponding Technical Proposal and correct any computational errors. The cost of any unpriced items shall be

assumed to be included in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted shall prevail.

2.8.4 While comparing proposal prices between local and foreign firms participating in a selection process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous Kenyans

own 51% or more of the share capital shall be allowed a 10% preferential bias in proposal prices. However, there shall be no such

preference in the technical evaluation of the tenders. Proof of local incorporation and citizenship shall be required before the provisions of this sub-clause are applied. Details of such proof shall be attached by

the Consultant in the financial proposal. 2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an

alternative formulae is indicated in the Appendix “ITC”, be as follows:-

Sf = 100 X FM/F where Sf is the financial score; Fm is the lowest

priced financial proposal and F is the price of the proposal under

consideration. Proposals will be ranked according to their combined


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technical (St) and financial (Sf) scores using the weights (T=the weight given to the Technical Proposal: P = the weight given to the Financial

Proposal; T + p = I) indicated in the Appendix. The combined technical and financial score, S, is calculated as follows: -S = St x T % + Sf x P %. The firm achieving the highest combined technical and financial score will be invited for negotiations.

2.8.6 The tender evaluation committee shall evaluate the tender within 30 days of from the date of opening the tender.

2.8.7 Contract price variations shall not be allowed for contracts not exceeding one year (12 months).

2.8.8 Where contract price variation is allowed, the variation shall not

exceed 10% of the original contract price

2.8.9 Price variation requests shall be processed by the procuring entity

within 30 days of receiving the request. 2.9 Negotiations

2.9.1 Negotiations will be held at the same address as “address to send

information to the Client” indicated in the Appendix “ITC”. The aim is

to reach agreement on all points and sign a contract.

2.9.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology (work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. The Client and firm

will then work out final Terms of Reference, staffing and bar charts indicating activities, staff periods in the field and in the head office, staff-months, logistics and reporting. The agreed work plan and final

Terms of Reference will then be incorporated in the “Description of Services” and form part of the Contract. Special attention will be paid

to getting the most the firm can offer within the available budget and to clearly defining the inputs required from the Client to ensure satisfactory implementation of the assignment.

2.9.3 Unless there are exceptional reasons, the financial negotiations will

not involve the remuneration rates for staff (no breakdown of fees). 2.9.4 Having selected the firm on the basis of, among other things, an

evaluation of proposed key professional staff, the Client expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, the Client will require assurances that

the experts will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree

that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this is not the case and if it is established that key


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staff were offered in the proposal without confirming their availability, the firm may be disqualified.

2.9.5 The negotiations will conclude with a review of the draft form of the

Contract. To complete negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail, the Client will invite the firm whose proposal received the second highest score to

negotiate a contract. 2.9.6 The procuring entity shall appoint a team for the purpose of the

negotiations.

2.10 Award of Contract

2.10.1The Contract will be awarded following negotiations. After negotiations are completed, the Client will promptly notify other consultants on

the shortlist that they were unsuccessful and return the Financial Proposals of those consultants who did not pass the technical evaluation.

2.10.2The selected firm is expected to commence the assignment on the date

and at the location specified in Appendix “A”.

2.10.3 The parties to the contract shall have it signed within 30 days from

the date of notification of contract award unless there is an administrative review request.

2.10.4 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.

2.10.5 The procuring entity shall give prompt notice of the termination to

the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.

2.10.6 To qualify for contract awards, the tenderer shall have the following: (a) Necessary qualifications, capability experience, services,

equipment and facilities to provide what is being procured. (b) Legal capacity to enter into a contract for procurement (c) Shall not be insolvent, in receivership, bankrupt or in the process

of being wound up and is not the subject of legal proceedings relating to the foregoing.

(d) Shall not be debarred from participating in public procurement.


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2.11 Confidentiality

2.11.1Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the consultants who submitted the proposals or to other persons not officially concerned

with the process, until the winning firm has been notified that it has been awarded the Contract.

2.12 Corrupt or fraudulent practices

2.12.1The procuring entity requires that the consultants observe the highest

standards of ethics during the selection and award of the consultancy

contract and also during the performance of the assignment. The tenderer shall sign a declaration that he has not and will not be

involved in corrupt or fraudulent practices. 2.12.2 The procuring entity will reject a proposal for award if it determines

that the consultant recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in

public procurement in Kenya.

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Appendix to information to consultants Note on the Appendix to Information to Consultants 1. The Appendix to information to consultant is intended to assist the

procuring entity in providing specific information in relation to corresponding claims in the information to consultants included in Section II and the appendix has to be prepared for each specific

consultancy.

2. The Procuring entity should specify in the appendix information and requirements specific to the circumstances of the procuring entity, the assignment of the consultancy and the proposals evaluation criteria

that will apply to the RFP Consultancy.

3. In preparing the appendix the following aspects should be taken into

consideration.

(a) The information that specifies or complements provisions of Section II to be incorporated.

(b) Amendments of Section II as necessitated by the circumstances of the specific consultancy to be also incorporated

(c) Section II should remain unchanged and any changes or

amendments should be introduced through the appendix.

Appendix to Information to Consultants

The following information for procurement of consultancy services and

selection of consultants shall complement or amend the provisions of the information to consultants, wherever there is a conflict between the provisions of the information and to consultants and the provisions of

the appendix, the provisions of the appendix herein shall prevail over those of the information to consultants.

Clause Reference

2.1.1 The name of the Client is: TANA WATER WORKS DEVELOPMENT AGENCY

2.1.1 The method of selection is: Quality Cost Based Selection

2.1.2 Technical and Financial Proposals are requested: Yes

2.1.4 The Consultant can prepare the financial proposal as per the

following guide


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Water services development Review and Development strategy

Sewerage Services Review and Development Strategy

Ground water resources Assessment Report

Surface Water Report

Water and Sanitation development master plan

Workshop Report

The name, objectives, and description of the assignment:

‘’Request for Proposal (RFP) for consultancy services for DEVELOPMENT OF A MASTERPLAN FOR WATER AND SANITATION.” 2.1.3 A pre-proposal conference/site visit will be held: No.

The name(s), address (es) and telephone numbers of the Client’s official Eng. Moses M. Naivasha

TWWDA Head Office, Maji House, Nyeri Baden Powell Road

P.O. Box 1292-10100, NYERI

Tel. 254-61-2032282 Cel. 254-724-259891

Email: [email protected]

2.1.4 The Client will provide the following inputs:

As detailed in the Terms of Reference

2.1.5 (i) The estimated number of professional staff months required for the assignment is EIGHTY SIX (86)

(ii) The minimum required experience of proposed professional staff

is as detailed in the Terms of Reference. 2.4.2 Taxes: Submission of tax compliance certificate for Kenyan firms,

indemnity cover and other related documents are a requirement.

2.5.2 Consultants must submit an original and two (2) additional copies of each proposal plus a soft copy (CD).

2.5.4 The proposal submission address is: The Chief Executive Officer, Tana Water Works Development Agency

Maji House, Nyeri Baden Powell Road P.O. Box 1292-10100,

NYERI – KENYA.

Tel. 254-61-2032282 Cel. 254-724-259891


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Information on the outer envelope should also include: CONSULTANCY SERVICES FOR THE DESIGN AND PREPARATION OF

TENDER DOCUMENTS DEDAN KIMATHI UNIVERSITY OF TECHNOLOGY SEWERAGE PROJECT

REF No. TWWDA/RFP/001/2020-2021

DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE.

2.5.4 Proposals must be submitted not later than the date and time specified

in the advertisement.

2.6.1 The address to send information to the Client is

The Chief Executive Officer,

Tana Water Works Development Agency Maji House, Nyeri Baden Powell Road

P.O. Box 1292-10100, NYERI – KENYA.


2.8.1 The minimum technical score required to pass: 75%

2.8.5 Alternative formulae for determining the financial scores is the

following: N/A

The weights given to the Technical and Financial Proposals are: T=0.80

F= 0.20 2.10.2 The assignment is expected to commence on: Fourteen (14) days

from signing of Contract, in Nyeri, Kenya

mailto:[email protected]

mailto:[email protected]

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CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1 and either

Part 2(a), 2(b) or 2 (c ) whichever applies to your type of business You are advised that it is a serious offence to give false information on

this form

Part 1 – General:

Business Name ………………………………………………………………………..

Location of business premises.……………………………………………………..

Plot No……………………………………Street/Road ……………………………..

Postal Address ……………………………..

Tel No. ………………….

Fax……………….…………………………E-mail ………………………….

Nature of Business ………………………………………………………………………………..

Registration Certificate No. …………………………………… (Attach Copy)

Maximum value of business which you can handle at any one time –

Kshs. ……………………………………

Name of your bankers ……………………………………………..

Branch ………………………………………

KRA Tax Compliance Certificate………………………………. (Attach copy)

Business Permit No.……………………………………………… (Attach copy)

Part 2 (a) – Sole Proprietor

Your name in full ………………………………………….. Age ………………..

Nationality ……………………… Country of origin ……………………………….

Part 2 (b) Partnership

Given details of partners as follows: Name Nationality Citizenship Details Shares

1. ………………………………………………………………………………………….

2. …………………………………………………………………………………………


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3. …………………………………………………………………………………………

4. ………………………………………………………………………………………….

Part 2 (c ) – Registered Company

Private or Public

…………………………………………………………………………………………….

State the nominal and issued capital of company-

Nominal Kshs. ………………………………

Issued Kshs. …………………………………

Given details of all directors as follows

Name Nationality Citizenship Details Shares

1……………………………………………………………………………………………

2. …………………………………………………………………………………………

3. ………………………………………………………………………………………

4.

……………………………………………………………………………………………

5 ……………………………………………………………………………………………

Date …………………….. Signature of Candidate ………………………………..

If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or Registration.

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SECTION III: - TECHNICAL PROPOSAL

Notes on the preparation of the Technical Proposals

3.1 In preparing the technical proposals the consultant is expected to

examine all terms and information included in the RFP. Failure to provide all requested information shall be at the consultants own risk

and may result in rejection of the consultant’s proposal.

3.2 The technical proposal shall provide all required information and any necessary additional information and shall be prepared using the standard forms provided in this Section.

3.3 The Technical proposal shall not include any financial information

unless it is allowed in the Appendix to information to the consultants or the Special Conditions of contract.

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SECTION III - TECHNICAL PROPOSAL

Table of Contents

Page

1. Technical proposal submission form -- 25

2. Firms references -- 27

3. Comments and suggestions of consultants on the

Terms of reference and on data, services and facilities to be provided by the procuring entity -- 28

4. Description of the methodology and work plan for performing the assignment -- 29

5. Team composition and Task assignments -- 30

6. Format of curriculum vitae (CV) for proposed Professional staff -- 31

7. Time schedule for professional personnel -- 33

8. Activity (work schedule) -- 34

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25

1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________ Date]

To:______________________[Name and address of Client) Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for

__________________ _______________________________[Title of consulting services] in accordance with your Request for Proposal dated ______________________[Date] and our Proposal.

We are hereby submitting our Proposal, which includes this Technical Proposal, [and a Financial Proposal sealed under a separate envelope-where applicable].

We understand you are not bound to accept any Proposal that you receive. We remain,

Yours sincerely,

_______________________________[Authorized Signature]: ________________________________[Name and Title of Signatory] : _________________________________[Name of Firm] : _________________________________[Address:]

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26

2. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which

your firm either individually, as a corporate entity or in association, was legally contracted.

Assignment Name: Country

Location within Country: Professional Staff provided by Your

Firm/Entity(profiles):

Name of Client: Clients contact person for the assignment.

Address: No of Staff-Months; Duration of Assignment:

Start Date (Month/Year): Completion Date Approx. Value of Services (Kshs) (Month/Year):

Name of Associated Consultants. If any: No of Months of Professional Staff provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Narrative Description of project:

Description of Actual Services Provided by Your Staff:

Firm’s Name: ___________________________________

Name and title of signatory; ________________________

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27

(May be amended as necessary)

3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS

OF REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE

PROVIDED BY THE CLIENT.

On the Terms of Reference:

1.

2. 3.

4.

5.

On the data, services and facilities to be provided by the Client:

1.

2.

3. 4.

5.

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28

4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT

29


29

5. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

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30

6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

PROFESSIONAL STAFF

Proposed Position:

_____________________________________________________________ Name of Firm:

_________________________________________________________________

Name of Staff: __________________________________________________________________

Profession: _____________________________________________________________________

Date of Birth: __________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies:

__________________________________________

Detailed Tasks Assigned: _______________________________________________________

Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations].

Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.]

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31

Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]

Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.

_________________________________________________________ Date:

________________ [Signature of staff member] ___________________________________________________________________ Date; ______________

[Signature of authorised representative of the firm]

Full name of staff member: _____________________________________________________

Full name of authorized representative: _________________________________________

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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position Reports Due/

Activities

1

2

3

4

5

6

7

8

9

10

11

12

Number of

months

Reports Due: _________ Activities Duration: _________

Signature: ________________________

(Authorized representative) Full Name: ________________________

Title: ______________________________

Address: ___________________________

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8. ACTIVITY (WORK) SCHEDULE

(a). Field Investigation and Study Items

[1st,2nd,etc, are months from the start of assignment)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Activity (Work)

(b). Completion and Submission of Reports

Reports Date

1. Inception Report

4. Interim Progress Report

(a) First Status Report

(b) Second Status Report

3. Draft Report

4. Final Report

SECTION IV: - FINANCIAL PROPOSAL

Notes on preparation of Financial Proposal

4.1 The Financial proposal prepared by the consultant should list the costs

associated with the assignment. These costs normally cover remuneration for staff, subsistence, transportation, services and equipment, printing of documents, surveys etc as may be applicable.

The costs should be broken done to be clearly understood by the procuring entity.

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34

4.2 The financial proposal shall be in Kenya Shillings ONLY and shall take into account the tax liability and cost of insurances specified in the

request for proposal. 4.3 The financial proposal should be prepared using the Standard forms

provided in this part

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SECTION IV - FINANCIAL PROPOSAL STANDARD FORMS

Table of Contents

Page

1. Financial proposal submission Form -- 37

2. Summary of costs -- 38

3. Breakdown of price/per activity -- 39

4. Breakdown of remuneration per activity -- 40

5. Reimbursables per activity -- 41

6. Miscellaneous expenses -- 42

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36

1. FINANCIAL PROPOSAL SUBMISSION FORM

________________[ Date]

To: ______________________________________ ______________________________________ ______________________________________

[Name and address of Client] Ladies/Gentlemen: We, the undersigned, offer to provide the consulting services for (____________)

[Title of consulting services] in accordance with your Request for Proposal dated (__________________) [Date] and our Proposal. Our attached Financial Proposal

is for the sum of (_________________________________________________________________) [Amount in words and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________[Authorized Signature] :

_____________________ [Name and Title of Signatory]:

_______________________ [Name of Firm] ______________________ [Address]

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2. SUMMARY OF COSTS

Costs Currency(ies)

(KES ONLY)

Amount(s)

Subtotal

Taxes

Total Amount of Financial Proposal

__________________

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38

3. BREAKDOWN OF PRICE PER ACTIVITY

Activity NO.:

_______________________

Description:_________________________

Price Component

Amount(s)

Remuneration Reimbursables

Miscellaneous Expenses

Subtotal

_______________________________

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4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No. _________________________________ Name:_______________________

Names Position Input(Staff months, Remuneration Amount

days or hours Rate as appropriate.)

Regular staff

(i) (ii)

Consultants

Grand Total ______________

5. REIMBURSABLES PER ACTIVITY

Activity No: ________________________________

Name:______________________

No. Description Unit Quantity Unit Price Total Amount

1. 2

3.

4.

Air travel Road travel

Rail travel

Subsistence Allowance

Grand Total

Trip Kms

Kms

Day

____________

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40

6. MISCELLANEOUS EXPENSES

Activity No. ______________________________ Activity Name:

_______________________

No. 1.

2.

3.

4.

Description Communication costs____

_________________________ (telephone, telegram, telex)

Drafting, reproduction of reports

Equipment: computers etc.

Software

Grand Total

Unit Quantity Unit Price Total Amount

______________

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SECTION V: - TERMS OF REFERENCE

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42

SECTION V: - TERMS OF REFERENCE

1.0 GENERAL BACKGROUND

The Constitution of Kenya contains several provisions that give direction to the water and sanitation sector. On the national values and principles of governance in Article 10, include (a) patriotism, national unity, sharing and

devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality,

human rights, non-discrimination and protection of the marginalized; (c) good governance, integrity, transparency and accountability; and (d) sustainable development.

Chapter 4 on the Bill of Rights articulates the purpose as to recognize and protect human rights and fundamental freedoms is to preserve the dignity of

individuals and communities and to promote social justice and the realization of the potential of all human beings. On the economic and social

rights in Article 43, every person has the right to reasonable standards of sanitation and to clean and safe water in adequate quantities. In Chapter 11 on devolved Government states the Objects of devolution in Article 174 include to promote social and economic development and the

provision of proximate, easily accessible services throughout Kenya; to ensure equitable sharing of national and local resources throughout Kenya and to

facilitate the decentralization of State organs, their functions and services, from the capital of Kenya. The 4th Schedule distributes the functions between the National

Government and the County Governments. Specifically as relevant for the subsector strategy, the National Government is responsible for: use of international waters and water resources, national statistics and data on

population, the economy and society generally, consumer protection, pipelines; national public works. Protection of the environment and natural resources with a view to

establishing a durable and sustainable system of development, including, water protection, securing sufficient residual water, hydraulic engineering

and the safety of dams; capacity building and technical assistance to the counties and public investment.

The functions and powers of the county in relation to the NWSS include County planning and development, including—statistics; implementation of specific national government policies on natural resources and

environmental conservation, including— soil and water conservation; county public works and services, including—(a) storm water management

systems in built-up areas; and (b) water and sanitation services.

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Fundamental to the new constitution is devolution creating two levels of government, the national Government and the County governments which

have since assigned ownership, use and regulation of water resources, consumer protection and national public works to the national government

while county Governments were assigned water supply provision, sanitation, catchment management and county public works. Further, the constitution has entrenched the right to water and sanitation in the bill of

rights thus making the provision of these services a human right. The provision of water and Sanitation services is now a function of the

county governments under the national legal framework. It also covers storm water management in built-up areas since storm water is often

collected together with sewer in mixed systems. The formulation of national policies, laws and regulation of water and sanitation services are functions of the national government aimed at creating national standards for water

service provision in the country. This also creates a support system for mobilizing funds for the sector. The management and regulation of water

resources, and the development of national public works for water services (including storage facilities such as large dams), is also a function of the national government. Therefore, efforts to improve access to safe water and

sanitation must be carried out in close partnership between the two levels of government.

Despite these constitutional provisions, the country is facing significant challenges in achieving this mandate.

2.0 SECTOR RESPONSIBILITIES

For many years, the institutional arrangements in the water sector in Kenya

were unable to deliver and maintain basic water supply and sewerage infrastructure to the growing population. Following the publication of the

National Water Policy in 1999, major reforms of the sector were initiated with the revision of the Water Act in 2002. The revised Kenya Water Act officially became operational on 18th March 2003, providing a new legal and

institutional framework for the management and development of Kenya's water resources as well as for the provision of water and wastewater

services. The 2002 Water Act proposed the formation of regional Water Services

Boards, The Water Service Boards were licensed by the Water Services Regulatory Board, (WASREB) and were the asset holders of the water and sanitation infrastructure facilities within their areas of jurisdiction. Tana Water Services Board became operational in 2004 and made great strides in improving water and sanitation services in its area of jurisdiction.

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The 2010 Constitution (CoK 2010) created two levels of government: national government and county governments. The Fourth Schedule of the

Constitution distributes functions between the national government and county governments. To align the water sector to the CoK 2010, the Water

Act 2016 was enacted, which replaced Water Act 2002. The Water Act 2016 not only aligns the water sector framework to the CoK 2010 but also takes on board the lessons learned from the reform process commenced with the

Water Act 2002 and the successes and failures in the different sub-sectors. Tana Water Works Development Agency (TWWDA) was established under

section 65(1) of the Water Act, 2016 vide Legal Notice No. 27 of 26th April 2019. The Agency is one of the nine (9) Water Works Development Agency’s

established under the Ministry of Water, Sanitation and Irrigation. The Agency is mandated to: 1. Development, maintenance and management of National Public Water

Works 2. Operate Water Works and provide water services as a Water Service

Provider as mandated by Section 68 (b) of the Water Act 2016. 3. Provide reserve capacity for purposes of providing water services as per

section 68 (c) of the Water Act 2016.

4. Provide Technical Services and Capacity Building to County governments and WSPs as may be requested.

5. Provide Technical Support to the Water Cabinet Secretary in discharge of

their functions. TWWDA has undertaken to develop a Water and Sanitation Master Plan for its area of jurisdiction which sets will out the critical priorities to be addressed in

the period from 2020 – 2040. These priorities will include the identification of critical actions that, when implemented, will have a significant impact towards

achieving TWWDA’s mandate.

This need for this Master Plan is driven by a sense of urgency and therefore must articulates the prioritised actions and investments the Agency must

implement between now and 2040 to overcome challenges and ensure a water secure future supporting inclusive development across the area. This actions are also necessary to ensure that universal sanitation coverage protects the

health of our people.

3.0 TANA WATER WORKS DEVELOPMENT AGENCY (TWWDA) TWWDA covers 34 Sub counties in 5 counties of Embu, Kirinyaga Nyeri, Meru and Tharaka-Nithi. The total area of coverage is 17,195 km2 with a population of 3,917,065 (2019 census). About 86 per cent of the residents live in the rural areas.

3.1. Overview of Counties 3.1.1. Embu County 3.1.1.1. Location and Size

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Embu County is located approximately between latitude 0° 9' and 0° 55' South and longitude 37° 15' and 37° 56' East. It borders Kirinyaga County to the West, Kitui County to the East, Machakos County to the South, Murang’a County to the South West and Tharaka Nithi County to the North. The county covers a total area of 2,820 sq. km. It is divided into four constituencies, namely; Runyenjes, Manyatta, Mbeere South and Mbeere North. It is currently has five administrative sub counties, namely Embu East, Embu North, Embu West, Mbeere North and Mbeere South.

3.1.1.2. Physiographic and Natural Conditions 3.1.1.2.1. Physical and Topographic Features

The county is one of the five whose borders extend to the top of Mount Kenya, the second highest Mountain in Africa at 5199m. The County is characterized by highlands, lowlands and slopes from Northwest towards East and South-East with a few isolated hills such as Kiambere and Kiang’ombe. It rises from about 515m above sea level at the River Tana Basin in the East to 5,199m at the top of Mt. Kenya in the North West. The southern part of the county is covered by Mwea plains which rise northwards, culminating in hills and valleys to the northern and eastern parts of the county. There are also steep slopes at the foot of Mt. Kenya The County is served by six major rivers which are Thuci, Tana, Kii, Rupingazi, Thiba and Ena. There are also major dams to generate hydroelectric power for the country that are partly in the county. These include Masinga, Kamburu, Kindaruma, Gitaru and Kiambere, dams which are situated along the Tana River. The most conspicuous physical features in the county are Mt. Kenya, Kiang’ombe hills, Kiambere hills, Mwea game reserve, River Tana, Masinga dam, Kamburu dam, Kindaruma dam, Gitaru dam and Kiambere dam.

3.1.1.2.2. Ecological Conditions Embu County depicts two distinct areas with different agro-climatic and natural characteristics. The upper area around Mount Kenya consists of Runyenjes and Manyatta constituencies, while the lower part consists of Mbeere North and Mbeere South constituencies. Embu County shows the typical agro-ecological profile of the windward side of Mt. Kenya, from cold and wet upper zones to hot and dry lower zones in the Tana River Basin. The average annual rainfall reflects this contrast: from more than 2200 mm at 2500m to less than 600 mm near the Tana River at 700m (Farm Management Handbook 2006, p.87). The variation is mainly due to the mountain but also to the “Water recycling” effect of the forest by evapo-transpiration. Above 2500 m, rainfall decreases due to the lower moisture content of the colder air and the stronger influence of the trade wind system, but nevertheless the area is still very wet.

3.1.1.2.3. Climatic Conditions The rainfall pattern is bi-modal with two distinct rain seasons. Long rains occur between March and June while the short rains fall between October and December. Rainfall quantity received varies with altitude averaging to about 1,067.5 mm annually and ranging from 640 mm in some areas to as high as 1,495 mm per annum. Temperatures range from a minimum of 12oC in July to a maximum of 30oC in March with a mean average of 21oC. The extensive altitudinal range of the county influences temperatures that range from 200C to 300C. July is usually the coldest month with an average monthly temperature of 150C

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while September is the warmest month with an average monthly temperature rising to 27.10C. There is however localised climate in some parts of the county especially the southern region due to their proximity to the Masinga, Kamburu, Kindaruma and Kiambere dams.

3.1.1.3. Administrative and Political Units 3.1.1.3.1. Administrative Subdivisions (Sub-county, Divisions and Locations)

The county has five (5) Sub-counties namely; Embu East, Embu North, Embu West, Mbeere South and Mbeere North. Table 1.1 represents the administrative units and their area.

Table 1.1: Sub county Population and area

No. Sub County Population 2019

Area, Km2

1 Embu East 129,564 253

2 Embu North 79,556 111

3 Embu West 127,100 158

4 Mbeere South 163,476 1312

5 Mbeere North 108,881 784

Mt. Kenya Forest*

22 203

Embu County 608,599 2821

3.1.1.3.2. Political Units (Constituencies/ Electoral Wards) Embu County has 4 constituencies, namely Runyenjes, Manyatta, Mbeere North and Mbeere South; and 20 wards as highlighted in Table 2: Table1.2: Constituencies and Wards

Constituency County Ward

Manyatta Ruguru-Ngandori

Kithimu

Nginda

Mbeti North

Kirimari

Gaturi South

Runyenjes Gaturi North

Kagaari South

Runyenjes

Central

Kagaari North

Kyeni North

Kyeni South

Mbeere South Mwea

Makima

Mbeti South

Mavuria

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Kiambere

Mbeere North Nthawa

Muminji

Evurore

3.1.1.4. Demographic Features 3.1.1.5. Population Size and Composition

The 2019 Population and Housing Census recorded a population of 608,599 persons for Embu County consisting of 304,208 males and 304,367 females. The rural population recorded was 532,660 while the urban population was 75,915. Table 1.3 below shows population by gender and age cohort for the county.

Table 1.3: Distribution of Population by Age and Sex

Age Male Femal

e

Total

0 - 4 31,158 30,389 61,547

5 - 9 30,623 30,246 60,869

10 -14 34,415 33,553 67,968

15-19 32,531 30,933 63,464

20-24 26,611 26,230 52,841

25-29 23,182 21,978 45,160

30-34 23,223 23,511 46,734

35-39 21,514 20,592 42,106

40-44 18,717 17,609 36,326

45-49 15,450 15,036 30,486

50-54 12,077 12,655 24,732

55-59 10,836 11,553 22,389

60-64 7,389 7,785 15,174

65-69 6,470 6,885 13,355

70-74 4,141 5,652 9,793

75-79 2,220 3,133 5,353

80-84 1,775 2,814 4,589

85-89 1,019 1,664 2,683

90-94 463 1,191 1,654

95-99 270 598 868

100+ 120 357 477

Not Stated

4 3 7

The county has a high population of children, as shown in the 2019 census

report, where the population between the ages of 0-14 years, was 96,196 males and 94,188 females giving the total of 190,384 which represent 31

percent of the total population. The population between 65-79 years was 12,831 males and 15,670 females translating to 7.2 percent of the entire

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population. This implies a higher dependency of children between 0-14 years than elderly population between 65-79 years.

The total population of people living in urban centres was 75,915 in the 2019 census. The major towns in the county are Embu, Runyenjes,

Siakago, Kiritiri, Ishiara, Kianjokoma and Manyatta.

3.1.2. Kirinyaga County 3.1.2.1. Location and Size

Kirinyaga County is located between latitudes 0° 01’ and 0° 40’ South and

longitudes 37° 08’ and 37° 30’ East. The county borders Nyeri County to the North West, Murang’a County to the West and Embu County to the

East and South and also boarder small part of Machakos County. It covers an area of 1,478.3 square kilometres. The county lies between 1,158 metres

and 5,380 metres above sea level in the South and at the Peak of Mt. Kenya respectively. Mt. Kenya which lies on the northern side greatly influences

the landscape of the county as well as other topographical features.

It is divided into four constituencies, namely; Gichugu, Kirinyaga Central, Ndia and Mwea. It currently has five administrative sub counties, namely

Kirinyaga Central, Kirinyaga East, Kirinyaga West, Mwea East and Mwea West.


The county lies between 1,158 metres and 5,380 metres above sea level in

the South and at the Peak of Mt. Kenya respectively. Mt. Kenya which lies on the northern side greatly influences the landscape of the county as well

as other topographical features. The mountain area is characterized by prominent features from the peak, hanging and V shaped valleys. The snow

melting from the mountain forms the water tower for the rivers that drain in the county and other areas that lie south and west of the county.

3.1.2.2.2. Ecological Conditions

The county has three ecological zones; the lowland areas that fall between 1158 metres to 2000 metres above sea level, the midland areas that lie

between 2000 metres to 3400 metres above sea level and the highland comprising areas of falling between 3400 metres to 5380 metres above sea

level. The lowland area is characterized by gentle rolling plains that cover most of Mwea constituency. The midland area includes Ndia, Gichugu and

Kirinyaga Central constituencies. The highland area covers the upper areas of Ndia,

Gichugu and Central constituencies and the whole of the mountain area. The county is well endowed with a thick, indigenous forest with unique

types of trees covering Mt. Kenya. Mt. Kenya Forest covers 350.7 Km2.

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The county has six major rivers namely; Sagana, Nyamindi, Rupingazi,

Thiba, Rwamuthambi and Ragati, all of which drain into the Tana River. These rivers are the principal source of water in the county. The water from

these rivers has been harnessed to support irrigation at the lower zones of the county especially in Mwea sub-county. The rivers are also important

sources of domestic water through various water supply schemes. The rapid populating increase is however constraining many of the schemes

since the designs were meant to cater for a smaller population.

3.1.2.2.3. Climatic Conditions The county has a tropical climate and an equatorial rainfall pattern. The

climatic condition is influenced by the county position along the equator and its position on the windward side of Mt Kenya. The county has two

rainy seasons, the long rains which average 2,146 mm and occur between the months of March to May and the short rains which average 1,212 mm

and occur between the months of October to November. The amount of rainfall declines from the high-altitude slopes of Mt. Kenya towards the

Semi-arid zones in the eastern part of Mwea constituency. The temperature ranges from a mean of 8°C in the upper zones to 30°C in the lower zones

during the hot season.


The county has five (5) Sub-counties namely; Kirinyaga Central,

Kirinyaga East, Kirinyaga West, Mwea East and Mwea West. Table 2.1 represents the administrative units and their population and area.


No. Sub County Population 2019

Area, Km2

1 Kirinyaga Central

122,740 153.3

2 Kirinyaga East 135,559 231.8

3 Kirinyaga West 114,660 207.8

4 Mwea East 132,554 303.0

5 Mwea West 104,828 239.4

Mt. Kenya Forest*

70 343.0

Kirinyaga County 610,411 1478.3

3.1.2.3.2. Political Units (Constituencies/ Electoral Wards)

Kirinyaga County has 4 constituencies, namely Gichugu, Kirinyaga Central, Mwea and Ndia; and 20 wards as highlighted in Table 2.2:

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Table 2.2: Constituencies and Wards

Constituency Electoral

wards

Ward Name

Gichugu 5 Kabare, Karumandi, Baragwi, Ngariama, Njukiini

Kirinyaga Central 4 Mutira, Kanyekiine, Kerugoya, Inoi

Mwea 8 Wamumu, Mutithi, Kangai, Thiba, Nyangati, Tebere, Gathigiriri, Murinduko

Ndia 3 Mukure, Kiine, Kariti

Total 20


From the Kenya Population and Housing Census 2019 report, the population of the county stood at 610,411 persons (302,027 males and 308,384 Females). The County’s inter-censual (2009 – 2019) growth rate is 1.46 percent which is way lower than the National growth rate of 3.1 percent. The residents who reside in the rural areas is 474,169 (77.7%), therefore a large percentage of the county population is rural. Only 22.3% (126,211) of the entire population resides in urban centres. Table 2.3 below shows population by gender and age cohort for the county.


Age Male Female Total

0 - 4 28,836 28,655 57,491

5-9 28,749 28,536 57,285

10 -14 30,601 30,395 60,996

15-19 29,637 28,432 58,069

20-24 23,042 23,586 46,628

25-29 20,721 21,433 42,154

30-34 24,114 25,634 49,748

35-39 24,522 24,698 49,220

40-44 21,621 21,154 42,775

45-49 18,253 17,714 35,967

50-54 14,939 14,573 29,512

55-59 12,496 12,485 24,981

60-64 7,918 7,956 15,874

65-69 6,445 6,982 13,427

70-74 4,631 6,053 10,684

75-79 2,225 3,239 5,464

80-84 1,547 2,892 4,439

85-89 916 1,610 2,526

90-94 459 1,223 1,682

95-99 220 624 844

100+ 115 490 605

Not Stated 4 5 9

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The county has a high population of children, as shown in the 2019 census report, where the population between the ages of 0-14 years, was 88,186

males and 87,586 females giving the total of 175,772 which represent 28.9 percent of the total population. The population between 65-79 years was

13,301 males and 16,274 females totalling 29,575 and translating to 4.8 percent of the entire population. This implies a higher dependency of

children between 0-14 years than elderly population between 65-79 years.

The population of people living in the major urban centres of the county is given in Table 2.4

Table 2.4: Population in major urban centres

Urban Centre

Population 2019

Census

Kagio 13,961

Kagumo 3,673

Kerugoya 30,045

Kianyaga 2,974

Kimbimbi 6,826

Kutus 9,143

Sagana 11,203

Wanguru 51,722

3.1.3. Nyeri County 3.1.3.1. Location and Size

Nyeri County is located in the central region of the country. It covers an area of 3,325 Km2 and is situated between longitudes 36° 38” and 37° 20”

East and between the equator and latitude 0° 38” South. It borders Laikipia County to the North, Kirinyaga County to the East, Murang’a County to the

South, Nyandarua County to the West and Meru County to the Northeast.


The main physical features of the county are Mount Kenya (5,199m) to the east and the Aberdare ranges (3,999m) to the west. The western part of the

county is flat, whereas further southwards, the topography is characterized by steep ridges and valleys, with a few hills such as Karima, Nyeri and

Tumutumu. These hills affect the pattern of rainfall, thus influencing the mode of agricultural production in some areas.

The major rivers found in the county are Sagana, Ragati, Chania, Gura,

Gikira, Thego, Naromoru, Burguret and Nairobi. These rivers and the numerous streams if well utilised can make the county self-sufficient in

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surface and sub-surface water resources for domestic, agriculture and industrial development.

3.1.3.2.2. Ecological Conditions The county has two forest eco-systems, namely Aberdare and Mt. Kenya. The county also has other isolated forested hills under the management of

County Government such as Karima and Tumutumu. Apart from being a source of traditional forest products such as timber, fuel, fodder, herbal medicine among others, these forests play vital roles which include;

maintenance of water cycle, wildlife habitat and are also repository of a wide range of biodiversity. Since soil conditions in the county are almost

similar, agricultural productivity is influenced by rainfall intensity and temperature conditions.

3.1.3.2.3. Climatic Conditions

The county experiences equatorial rainfall due to its location within the highland zone of Kenya. The long rains occur from March to May while the

short rains are experienced in October to December, but occasionally this pattern is disrupted by abrupt and adverse changes in climatic conditions.

The annual rainfall ranges between 1,200mm-1,600mm during the long rains and 500mm-1,500mm during the short rains. In terms of altitude, the

county lies between 3,076 meters and 5,199 meters above sea level and registers monthly mean temperature ranging from 12.8ºC to 20.8ºC.


The county has eight (8) Sub-counties namely; Kieni East, Kieni Wesi,

Nyei Central, Tetu, Nyeri South, Mukurweini, Mathira East and Mathira

West. Table 3.1 represents the administrative units and their population

and area. Table 3.1: Sub county Population and area

No. Sub County Population

2019

Area, Km2

1 Kieni East 110,376 448.7

2 Kieni West 88,525 517.8

3 Nyeri Central 140,338 167.6

4 Tetu 80,453 216.5

5 Nyeri South 91,081 169.2

6 Mukurweini 89,137 179.1

7 Mathira East 99,065 130.4

8 Mathira West 59,895 162.3

Mt. Kenya Forest*

188 611.4

Aberdare

Forest*

106 722.0

Kirinyaga County 759,164 3325

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Source: Ministry of Interior and Coordination of National Government, Nyeri

3.1.3.3.2. Political Units (Constituencies/ Electoral Wards) Nyeri County has 6 constituencies, namely Kieni, Nyeri Town, Tetu, Othaya, Mukurweini and Mathira; and 30 wards as highlighted in Table 3.2: Table 2.2: Constituencies and Wards

Constituen

cy

Electoral

wards

Ward Names

Mathira 6 Ruguru, Kirimukuyu Iriaini, Karatina, Magutu, Konyu

Kieni 8 Gakawa, Naromoru/ Kiamathaga, Thegu River, Kabaru,

Gatarakwa, Mugunda, Endarasha/Mwiyogo, Mweiga

Tetu 3 Aguthi/Gaaki, Dedan Kimathi, Wamagana

Mukurwe-

ini

4 Rugi, Gikondi, Mukurwe-ini Central, Mukurwe-ini West

Nyeri town 5 Kamakwa/Mukaro, Kiganjo/Mathari, Rware, Ruringu,

Gatitu/Muruguru

Othaya 4 Chinga, Mahiga, Iriaini, Karima

Total 30 Source: Independent Eelectoral and Boundaries Commission, Nyeri County


From the Kenya Population and Housing Census 2019 report, the population of the county stood at 759,164 persons (374,288 males, 384,845 Females and 31 Intersex). The County’s inter-censual (2009 – 2019) growth rate is 0.91 percent which is way lower than the National growth rate of 3.1 percent. The residents who reside in the rural areas is 608,381 (80.1%) and those who reside in the urban centres is 150,752 (19.9%). Therefore a large percentage of the county population is rural. Table 3.3 below shows population by gender and age cohort for the county.



0 - 4 37,016 36,082 73,098

5-9 37,766 37,313 75,079

10 -14 39,043 37,479 76,522

15-19 37,969 35,558 73,527

20-24 29,778 29,391 59,169

25-29 24,018 25,279 49,297

30-34 26,380 28,205 54,585

35-39 25,905 27,229 53,134

40-44 23,836 24,202 48,038

45-49 21,774 21,794 43,568

50-54 18,644 20,024 38,668

55-59 15,916 16,562 32,478

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60-64 10,311 11,207 21,518

65-69 8,661 9,507 18,168

70-74 7,986 9,208 17,194

75-79 3,991 6,447 10,438

80-84 2,855 4,254 7,109

85-89 1,386 2,496 3,882

90-94 641 1,452 2,093

95-99 317 750 1,067

100+ 90 401 491

Not Stated 5 5 10


report, where the population between the ages of 0-14 years, was 113,825 males and 110,874 females giving the total of 224,699 which represent 29.6

percent of the total population. The population between 65-79 years was 20,638 males and 25,165 females totalling 45,800 and translating to 6.0

percent of the entire population. This implies a higher dependency of children between 0-14 years than elderly population between 65-79 years.


Name Population

Census 2019

Chaka 5,970

Endarasha 2,743

Karatina 23,552

Kiganjo 4,009

Mukurwe-ini 6,508

Mweiga 3,609

Naro Moru 8,097

Nyeri 80,081

Othaya 6,650

141,219

Nyeri Town has the highest population while Endarasha has the lowest. Karatina urban center has a higher number of people during the day

because of people moving in for business activities. There is need for enhancement of service delivery especially solid waste management,

provision of water and sewer services especially in Karatina, Mukurweini and Naromoru.

3.1.4. Meru County 3.1.4.1. Location and Size

Meru County lies to the east of Mount Kenya whose peak cuts through the south-west border. The county shares borders with the agricultural counties of Laikipia, Nyeri, Kirinyaga and Tharaka-Nithi as well as the marginal districts of Kitui and Isiolo.

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It straddles the Equator, lying within less than I' (0° 40'N and 0° 13’) on either side of it. Longitudinally, it is within 37° 5' and 38° 24' east. Meru town, the county headquarters, is 260 kilometers from the capital city of Nairobi. The county covers an area of 7006 sq. km., nearly one third of which is forest reserve and national parks. It is divided into eleven administrative units, namely: Buuri East, Buuri West, Meru Central, Imenti North, Imenti South, Tigania Central, Tigania East, Tigania West, Igembe Central, Igembe North and Igembe South. The County has nine parliamentary constituencies and 45 electoral wards. The nine parliamentary constituencies are South Imenti, Imenti Central, North Imenti, Buuri, Tigania East, Tigania West, Igembe Central Igembe South and Igembe North.


Meru County is dominated by the two great massifs of Mount Kenya and the Nyambeni range both of which lend striking diversity to the physical landscape. These two elevations affect not just the physiography, but also the entire environmental potential of the district. At its highest point on Mt. Kenya, which is also the highest point in the country, the County rises to 5199m. The land then slopes gently from west to east, finally reaching an altitude of 335m, near the Tana River. This tremendous range of altitude gives the district a more diverse climate, as well as a very wide range of agro-ecological zones, The Nyambeni range, elongated south-west to north-east rises sharply above the surrounding plateau. Summit elevation is to the south where the peak, Itiene, reaches 2514m. Meru County is one of the most well-watered counties in Kenya. The county is within two large drainage basins. North of the Meru forest and the Crest of the Nyambeni range, water drains towards the Uaso Nyiro River. South of the watershed, where most of the permanent rivers of the district are located, drainage is to the Tana, Kenya's largest and longest river. The Tana River forms the south-east border between Meru and Kitui Counties. Other major rivers include Kathita, Ura, Thingithu, Mutonga, Maara, Nithi and Thuci.

3.1.4.2.2. Ecological Conditions

The county has varied ecological zones ranging from upper highlands, lower highlands, upper midlands and lower midlands. This has greatly influenced

the major economic activities. The upper highlands zones covers majority of the county’s area ranging from Imenti South, Imenti Central, Imenti North,

Part of Tigania East, Part of Tigania West, Igembe Central and Igembe South constituencies. The lower midland zones are only found in lower

parts of Buuri, Igembe North and Tigania East and West which borders Laikipia and Isiolo Counties.

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3.1.4.2.3. Climatic Conditions The distribution of rainfall ranges from 300mm per annum in the lower midlands in the North to 2500mm per annum in the South East. Other

areas receive on average 1250mm of rainfall annually. There are two seasons with the long rains occurring from mid-March to May and short

rains from October to December. Temperatures range from a low of 8oC to a high of 32oC during the cold and hot seasons respectively.


The county has five (5) Sub-counties namely; Buuri East, Buuri West, Meru Central, Imenti North, Imenti South, Tigania Central, Tigania East, Tigania West, Igembe Central, Igembe North and Igembe South. Table 4.1 represents the administrative units and their population and area.


3.1.4.3.2. Political Units (Constituencies/ Electoral Wards) Meru County has 9 constituencies, namely Tigania East, Tigania West, Igembe North, Igembe South, North Imenti, South Imenti, Buuri, Igembe Central and Central Imenti; and 45 wards as highlighted in Table 2.2:

Sub County Population 2019

Area Km2

Buuri East 76,598 332.9

Buuri West 80,762 638.7

Igembe Central

221,412 604.1

Igembe North 169,317 1,076.9

Igembe South 161,646 255.2

Imenti North 177,567 230.8

Imenti South 206,506 413.9

Meru Central 133,818 381.8

Tigania

Central

104,730 237.4

Tigania East 72,549 507.9

Tigania West 139,961 398.6

Meru National Park*

385 868.1

Mt. Kenya Forest*

463 1,059.9

Meru County 1,545,714 7,006.2

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Table 2.2: Constituencies and Wards


wards

Ward Name

Tigania East 5 Mikinduri, Muthara, Kiguchwa, Thangatha, Karama

Tigania West 5 Mbeu, Nkomo, Kianjai, Akithi, Athwana

Igembe North

5 Naathu, Amwathi, Antubetwee/Kiongo, Ntunene

Antuambui

Igembe

South

5 Maua, Akachiu, Kiegoi/Antubochiu, Kanuni, Athiru

Gaiti

North Imenti 5 Nyaki East, Nyaki West, Ntima East, Ntima West

Municipality

South Imenti

6 Igoji East, Igoji West, Abogeta East, Abogeta West,

Nkuene, Mitunguu

Buuri 5 Kisima, Ruiri/Rwarera, Timau, Kiirua/Naari and

Kibirichia

Igembe Central

5 Kangeta, Njia, Athriru/Rujine, Akirangodu, Igembe East

Central Imenti

4 Mwangathia, Abothuguchi Central, Abothuguchi West,

Kiagu

Total 45


From the Kenya Population and Housing Census 2019 report, the population of the county stood at 1,545,714 persons (767,698 males and 777,975 Females and 41 intersex). The County’s inter-censual (2009 – 2019) growth rate is 1.32 percent which is way lower than the National growth rate of 3.1 percent. The residents who reside in the rural areas is 1,406,760 (91%), therefore a large percentage of the county population is rural. Only 9% (138,913) of the entire population resides in urban centres. Table 4.3 below shows population by gender and age cohort for the county.



0 - 4 85,384 84,878 170,262

5-9 87,982 87,068 175,050

10 -14 97,842 97,080 194,922

15-19 81,866 83,385 165,251

20-24 64,934 67,176 132,110

25-29 56,368 56,462 112,830

30-34 57,082 60,428 117,510

35-39 53,003 50,953 103,956

40-44 44,922 41,124 86,046

45-49 35,815 35,146 70,961

50-54 24,760 23,349 48,109

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55-59 22,436 23,555 45,991

60-64 17,297 18,641 35,938

65-69 14,021 15,419 29,440

70-74 10,957 13,682 24,639

75-79 5,294 6,713 12,007

80-84 3,909 6,074 9,983

85-89 2,071 3,217 5,288

90-94 926 1,901 2,827

95-99 518 926 1,444

100+ 295 784 1,079

Not Stated 16 14 30

The county has a high population of children, as shown in the 2019 census report, where the population between the ages of 0-14 years, was 271,208

males and 269,026 females giving the total of 540,234 which represent 35 percent of the total population. The population between 65-79 years was

30,272 males and 35,814 females totalling 66,086 and translating to 4.3 percent of the entire population. This implies a higher dependency of

children between 0-14 years than elderly population between 65-79 years.

The population of people living in the major urban centres of the county is given in Table 2.4


Urban Centre Name Population Census

2019

Kiirua 2,158

Laare 5,358

Maua 22,121

Meru 80,191

Mitungugu 3,293

Nkubu 7,675

Timau 10,571

131,367

3.1.5. Tharaka Nithi County 3.1.5.1. Location and Size

Tharaka Nithi county borders the counties of Embu to the South West, Meru to the North East, Kirinyiga and Nyeri to the West and Kitui to the East. The county lies between latitude 0° 04' and 0° 27' South and between longitudes 37° 19' and 38° 18' East. The total area of the County is 2,564.4 Km2; including the shared Mt Kenya forest estimated to be 360Km2.

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59

The county is divided into five administrative units, namely Tharaka North, Tharaka South, Chuka, Igambang’ombe and Maara The County has three parliamentary constituencies and 15 electoral wards. The nine

parliamentary constituencies are Tharaka, Chuka/Igambang’ombe and Maara.


The highest altitude of the county is 5,200m in Chuka/Igambang’ombe and Maara while the lowest is 600m Eastwards in Tharaka. The main physical feature of the county is the 360 Km2 of Mt. Kenya forest distributed between Maara and Chuka/Igambang’ombe constituencies. The forest serves as a tourist attraction, catchment area for Tana River, a source of fuel wood, fodder and honey for the communities living around it. Major hills found in the county landscape include Kiera, Munuguni and Njuguni in Maara constituency and Kijege and Ntugi in Tharaka constituency. The topography of Chuka/Igambang’ombe and Maara constituencies is greatly influenced by the Mt. Kenya volcanic activity creating ‘V’ shaped valleys within which the main tributaries of River Tana flow originating from Mt. Kenya forest. The tributaries flowing eastwards are: Thuci, Mara, Nithi, Mutonga, Naka, and Ruguti. Tharaka on the other hand is traversed by several rivers, which originate from both the Mt. Kenya and Nyambene Hills, flowing eastwards as tributaries of Tana River. These include Mutonga, Thingithu, Kathita, Thanantu, Thangatha, Kithinu and Ura rivers which provide water for irrigation in the moderately densely populated locations in parts of Tharaka.

3.1.5.2.2. Ecological Conditions The County has two main ecological zones. The highlands (upper zone) comprise of Maara and Chuka which receive adequate rainfall for agriculture. The semi-arid (lower zone) covers Tharaka and receives less rainfall suitable for livestock production. Poor methods of farming and soil conservation, charcoal burning and overgrazing have left the earth bare and rocky. The sloping areas have experienced uncontrolled soil erosion, which has resulted in deep gullies across the landscape especially in Tharaka. The drainage pattern consists of rivers and streams that ultimately drain into the Indian Ocean through Tana River.

3.1.5.2.3. Climatic Conditions

Temperatures in the highland areas range between 140C to 300C while those of the lowland area range between 22°C to 36°C. Tharaka constituency, which lies in the lower side, experiences temperatures of up to 40°C at certain periods. The county has a bimodal rainfall pattern with the long rains falling during the months of April to June and the short rains in October to December. The rainfall ranges from 2,200mm in Chogoria forest to 500mm in Tharaka. The high altitude areas experience reliable rainfall while middle areas of the county receive moderate rainfall. The lower regions receive low, unreliable and poorly distributed rainfall. The climate of the county is favourable for cultivation of tea, coffee, maize, cowpeas, pigeon peas, sorghum, millet, green grams, tobacco and a variety of other food crops. However, there are unusual climate variability incidences arising from climatic change.

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The county has five (5) Sub-counties namely; Igambangombe, Maara, Meru South, Tharaka North and Tharaka South. Table 5.1 represents the administrative units and their population and area.


3.1.5.3.2. Political Units (Constituencies/ Electoral Wards) Tharaka Nithi County has 3 constituencies, namely Chuka/Igambangombe, Maara and Tharaka and 15 wards as highlighted in Table 5.2: Table 5.2: Constituencies and Wards


wards

Ward Name

Chuka/Igamba

ngombe

5 Magumoni, Mugwe, Karingani, Mariani, Igambang’ombe

Maara 5 Mitheru, Muthambi, Ganga, Mwimbi, Chogoria

Tharaka 5 Chiakariga, Marimanti, Nkondi, Gatunga, Mukothima

Total 15


From the Kenya Population and Housing Census 2019 report, the population of the county stood at 393,177persons (193,764 males and 199,406 Females and 7 intersex). The County’s inter-censual (2009 – 2019) growth rate is 0.74 percent which is way lower than the National growth rate of 3.1 percent. The residents who reside in the rural areas is 360,177 (92%), therefore a large percentage of the county population is rural. Only 8% (32,749) of the entire population resides in urban centres. Table 5.3 below shows population by gender and age cohort for the county.

Sub County Population 2019

Area Km2

Igamabangombe 53,210 324.6

Maara 114,894 265.1

Meru South 91,080 138.8

Tharaka North 58,345 838.8

Tharaka South 75,250 637.0

Mt. Kenya Forest*

398 360.1

Tharaka Nithi County

393,177 2,564.4

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0 - 4 20,169 20,215 40,384

5-9 21,714 21,488 43,202

10 -14 24,240 23,884 48,124

15-19 21,548 21,153 42,701

20-24 15,386 16,256 31,642

25-29 13,060 13,789 26,849

30-34 13,294 14,618 27,912

35-39 12,140 12,283 24,423

40-44 10,749 10,499 21,248

45-49 9,895 10,095 19,990

50-54 7,012 6,737 13,749

55-59 6,864 7,050 13,914

60-64 5,531 5,576 11,107

65-69 4,345 4,848 9,193

70-74 3,365 4,295 7,660

75-79 1,780 2,303 4,083

80-84 1,271 1,874 3,145

85-89 777 1,208 1,985

90-94 311 570 881

95-99 221 417 638

100+ 87 243 330

Not

Stated

5 5 10


report, where the population between the ages of 0-14 years, was 66,123 males and 65,587 females giving the total of 131,710 which represent 33.5

percent of the total population. The population between 65-79 years was 9,490 males and 11,446 females totalling 20,936 and translating to 5.3

percent of the entire population. This implies a higher dependency of children between 0-14 years than elderly population between 65-79 years.

The population of people living in the major urban centres of the county is

given in Table 5.4 Table 5.4: Population in major urban centres

Urban Centre Name Projected Population

2020

Chuka 51,115

Chogoria 37,184

Marimanti 10,036

98,335

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4.0 Existing Water and Sanitation 4.1. Water Resources and Quality

TWWDA’s water resources are rivers, shallow wells, springs, dams, boreholes and roof catchment. There are 40 permanent rivers,

numerous shallow wells, springs, dams and bore holes that supply water for domestic and agricultural use in the area. All these sources

supply the agency’s population with clean and safe drinking water. The major Water Service Providers are Embewasco, Ewasco, Imetha, Kathita Gatunga, Kathita Kiirua, Kirinyaga, Mawasco, Mewass, Murugi

Mugumango, Muthambi 4K, Ngagaka, Nginda Ngandori, Nithi, Nyewasco, Othaya- Mukurweini, Ruiri Thau, Tetu-Aberdare, Tuuru, Rukanga, Kyeni, Raimu Rwambiti, Kamumwe, Ruiri, Narowasco and

Mutitu. 4.1.1. Existing Water Supply Schemes

The Agency’s area has 27 water supply schemes under regulation mainly

supplying domestic water and over 2000 community schemes that supply both domestic and irrigation water.

4.2. Sanitation

In the Agency’s area, over 99 per cent of the households use toilet

facilities out of which 91% are judge safely managed. Sewerage systems exist in the urban centres of Nyeri, Karatina, Othaya, Embu and Meru and cover around 10% of the urban population in the Agency’s area

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5.0 DESCRIPTION OF WORK FOR THE ASSIGNMENT 5.1. Goals and Objectives of the Assignment

Tana Water Works Development Agency intends to engage a Consultancy Firm to provide services for the Development of a Water and Sanitation

Master Plan including an Investment Plan for the Agency’s area of jurisdiction.

The objective of this consultancy is to identify robust, flexible water source(s) development strategy that ensures security of supply to TWWDA’s area of geographical jurisdiction and meets the expected growth in demands

for domestic use over the medium term. The Sanitation component is to come up with sewerage options for disposing and treating the waste water arising out of the improved water supply to an area. The Investment Plan

will provide for extension of service coverage, rehabilitation and expansion of existing infrastructure, development of new infrastructure and other assets

complete with forecasts on revenues, expenditures and investments. The overall objective of the assignment are as follows:

a) To develop a Masterplan for Domestic, Livestock and Industrial Water for Counties

under TWWDA’s area.

b) To consider and incorporate recommendations of other studies undertaken or being

undertaken by other relevant authorities including Tana Water Works Development

Agency, Ministry of Water, Sanitation and Irrigation (National Water Masterplan

2030), County Governments in the area, Tana River Development Authority, among

others

c) To prepare demand (for domestic, livestock and Industrial) estimates for TWWDA’s

area up to the year 2042. The demand should consider the immediate consumers in

the adjacent counties.

d) To review and identify potential water source (s) and recommend strategy for their

development after consideration of hydrological, geo-technical, social, political,

economic and environmental factors;

e) To carry out a comprehensive analysis of Ground and Surface water availability

f) To make recommendations for exploitation of the available water resources

g) To identify possible dam sites and recommend on the storage capacities

h) To prepare a Water and Sanitation master plan Tana Water Works Development

Agency area of geographical jurisdiction

i) To prepare an Investment Plan for Tana Water Works Development Agency

5.2. Surface Water Resource Assessment 5.2.1. Liaison, Consultation, and Approach

The Consultant shall review surface water resources in relation to developing a future water source for the Study Arae. The review shall

concentrate on the new water sources planned in TWWDA arae and other studies and options identified by other authorities including.

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64

The main objectives of the review are:

a) Review the capacity and quality of various sources of surface water for the development of a

future water source.

b) Review the potential of surface water to be used as a primary source of water to the residences

both rural and urban centres.

c) To prepare and or update the hydrological yield analysis previously carried out

d) Review the potential of rainwater to be used as a source of water supply for the study areas.

e) Review the potential of sewage treatment works effluent reuse as a source of water supply for

the study area.

f) Comment on matters related to surface water regulation, management, and monitoring that

could impact on the sustainability of this resource.

The Consultant, in consultation with the TWWDA, Ministry of Water, Sanitation and Irrigation (MWSI), County Governments in the area and

Water Resources Authority (WRA) shall define the actual boundaries of the area to be considered for the study. The Consultant shall prepare base-maps at a suitable scale for presenting its findings.

5.2.2. Data and Information i. The Consultant shall collate relevant data and information needed to undertake the study.

MWSI, TWWDA, WRA, The County Governments, NIA and TARDA will assist the

Consultant to identify and source relevant reports and databases.

ii. The data for the study shall be collated from existing reliable source documents. TWWDA

expects that the existing surface water data is inadequate for the needs of the assignment and

the consultant will need to collect additional data.

iii. The Consultant shall assess the quality, coverage, and reliability of existing data / information

and identify gaps; the Consultant shall propose a program for field work to collect additional

data. The proposal shall include details about the types of data to be collected, the number and

location of monitoring stations, the frequency of observations, and the information systems

needed to store analyze and report hydrological information. The Consultant shall not proceed

with fieldwork until instructed in writing by TWWDA.

. 5.2.3. Analysis and Evaluation

i. The Consultant shall undertake sufficient hydrological analysis and review of the

river basins under review to confirm the results reported in the previous studies. The

analyses shall include at least potential water yield of each source.

ii. The Consultant shall identify possible sources of surface water contamination. The

Consultant shall indicate at least: type of contamination, extent / degree of

contamination, source of contamination, potential to rectify the contamination,

possible methods to rectify the contamination.

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iii. The Consultant shall prepare a surface water resource inventory. The inventory shall

be presented in hard copy and digitally. The inventory shall be comprised of text,

databases, and maps. The Consultant shall consult with the major stakeholders

regarding the digital format of the inventory and shall obtain agreement with the

stakeholders before compiling the inventory.

iv. The Consultant shall identify primary catchment areas. The Consultant shall review

existing land use in the catchment areas and assess the compatibility of land use with

the need to adequately protect surface water resources.

5.3. Ground Water Resource Assessment 5.3.1. Liaison, Consultation, and Approach The Consultant shall undertake a study of ground water resources which shall concentrate on ground water sources in the Study Area.

The main objectives of the study are:

a) Identify, assess, and report the capacity and quality of ground water in the Study Area.

b) Evaluate the potential of ground water resources to be used as either a primary, secondary, or

emergency supply of water Study Area in conjunction with the development of surface water

sources.

c) To undertake detailed geotechnical analysis for potential dam sites recommended in the study;

Comment on matters related to ground water management and monitoring that could impact on the sustainability and conservation of this resource. The Consultant shall liaise and consults with relevant stakeholders through the Technical Committee to ensure that their concerns and requirements are properly addressed and incorporated into the study where appropriate. The Consultant, in consultation with the TWWDA, MWSI, and WRA, shall develop a strategic framework for undertaking the study. The framework shall include a detailed work plan including the data to be collected, the types and frequencies of measurements, and other sources of information needed to undertake the study. The Consultant, in consultation with the TWWDA, MWSI, and WRA, shall define the actual boundaries of the area to be considered for the study. The Consultant shall prepare base-maps at a suitable scale for presenting its findings.

5.3.2. Data and Information

The Consultant shall collate and collect relevant data and information

needed to undertake the study. The TWWDA, MWSI, and WRA will assist the Consultant to identify and source relevant reports. The Consultant, in

consultation with the TWWDA and WRA, shall identify ground water parameters that will need to be measured and develop a suitable data collection program to give sufficient data for evaluation of ground water

sources.

The type of data to be collected shall include at least the following:

a) Aquifer parameters such as: extent, depth, porosity, permeability, hydraulic conductivity, safe

yield, safe draw down, and recharge.

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b) Ground water quality parameters such as: conductivity, salinity, pH, bacteriological

contamination, dissolved salts, suspended solids, hardness, colour, taste and temperature.

c) Ground water demand parameters: ground water demand, number / location of existing and

planned boreholes, cost, willingness to pay, and type of user / use.

The data may be collated from existing source documents or collected from

field measurements. Where data from existing source documents is incomplete or unreliable, the Consultant shall undertake an agreed field data collection program. Field measurements shall be carried out using

methods and equipment agreed in consultation with the TWWDA, MWSI, and WRA.

The Consultant shall prepare a ground water resource inventory. The

inventory shall be presented in hard copy and digitally. The inventory shall be comprised of text, databases, and maps. The Consultant shall consult

with the major stakeholders regarding the digital format of the inventory and shall obtain their agreement with the stakeholders before compiling the inventory.

5.3.3. Analysis and Evaluation

The Consultant shall undertake hydrological analysis of the aquifers under review to determine potential supply capacity. The analyses shall include at least the following: aquifer characteristics recharge potential, water quality,

and potential water yield.

The Consultant shall identify and evaluate ground water contamination.

Evaluation of ground water contamination shall consider at least: type of contamination, extent / degree of contamination, source of contamination, potential to rectify the contamination, possible remediation methods,

estimated cost (if applicable) to rectify the contamination.

The Consultant shall identify primary aquifer recharge areas. The

Consultant shall review existing land use in the recharge areas and assess the compatibility of land use with the need to adequately protect ground water recharge. The Consultant shall make recommendations for protecting

and conserving ground water recharge potential.

The Consultant shall identify important existing and planned ground water well field areas. The Consultant shall review land use and water use in the

well field areas and assess the compatibility of land and water use with the need to adequately protect ground water resources. The Consultant shall

make recommendations for protecting and conserving ground water resources.

The Consultant shall evaluate the potential of the ground water resources to

be used either as a primary, secondary, or emergency source of water for

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Study Area in conjunction with surface water sources. The Consultant shall recommend a strategy and plan to develop, use, protect, and conserve

ground water resources.

The strategy and plan shall address such issues as: safe levels of extraction,

ground water management, ground water monitoring, ground water inventories.

5.4. Water Demand Assessment and Water Balance

The Consultant shall review and assess the present, short term, medium

term and long term water and Irrigation demand for Study Area. The demand shall be assessed for all potential water users for the Study Area.

The demand assessment shall take account of the latest statistics from the

Kenya Bureau of Statistics as well as various planning studies undertaken by the Government of Kenya. The Consultant shall liaise and consult with TWWDA, NIA and WSPs in the counties to determine levels of demand.

Demand assessment shall take account of such factors as: changing land use, proposed demand management strategies, optimization of existing

supply / demand arrangements, demographics (including rural to urban migration), and demand management strategies being implemented by the WSPs.

The Consultant shall prepare a water balance to compare projected demands with potential sources of water. The water balance shall take

account of the water resource capacity and water demand evaluations undertaken by the Consultant as part of this assignment.

The Consultant shall present the findings of the demand assessment and

water balance to the Technical Committee for their review and agreement.

5.5. Water Source Options and Development Strategy 5.5.1. Liaison, Consultation, and Approach

The Consultant shall undertake a review of existing options for future

sources of water for Study Area.

The main objectives of the review are:

a) To undertake feasibility study to review and update the demand analysis as well as update the

technical, financial and economic viability of the projects and preparation of the

implementation strategy.

b) To carry out detailed analysis of the transmission and distribution system

c) Review the current options for future sources of water and provide sufficient details to

facilitate their evaluation.

d) Group the options into alternative future water source development strategies that give

incremental increases in supply in line with the expected growth in demands.

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e) Preparation of scenarios that could facilitate the decision to be made for the most adequate and

acceptable scenario tanking cognisance of financial and economic sustainability and support

to the participatory decision making process.

f) Obtain agreement from the Technical Committee as to the preferred water source development

strategy to be adopted for detailed evaluation.

The Consultant shall liaise and consult with relevant stakeholders through

the Technical Committee to ensure that their concerns and requirements are properly addressed and incorporated into the review where appropriate. The

Consultant shall obtain agreement from the Technical Committee as to the general approach and information to be used for this part of the assignment.

5.5.2. Identification of Water Source Options

The Consultant shall undertake a literature review to identify all potential

water source options. The Consultant, at the direction of the Technical Committee, may modify or add to the existing options, identified by previous studies and preliminary investigations.

The Consultant shall identify and propose options for securing flows in the study area’s rivers. The options may include works such as river training

and bank stabilization. The Consultant shall review the geomorphology of these rivers to substantiate the options chosen for further consideration.

The Consultant shall identify, and propose options for augmenting supply to

the area from possible sources. The Consultant shall propose options to develop this resource including but not limited to the development of well field, storage dams, water treatment and transmission facilities.

The Consultant shall define (including preliminary sizing etc) the major components of each potential water source option to form a workable item of

water resource infrastructure. The components to be defined include such things as dam facilities, tunnels, and diversion weirs / off takes, canal / pipelines/tunnels, pumping facilities, access roads, inlet / outlet structures,

water treatment plants, as well as the land / easement requirements for such structures.

The Consultant shall also define works of a temporary nature for each option that are needed undertake the development of the option such as offices, worker accommodation / camps, materials storage compounds, and

utility services.

The Consultant shall prepare all options to an equivalent level of detail to enable a fair and reasonable comparison of them.

The Consultant shall incorporate a description of the potential social / environmental impacts for each option in the description of each option. In

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particular, impacts related to construction activities, protection of habitats and heritage sites, human habitation and land use activities, and health

and safety issue should be identified.

The Consultant shall incorporate comments about the likely impact of

developing a particular option on the development of other options. These comments are intended as an initial guide as to the suitability of integrating various options into a coherent viable strategy. In this regard the Consultant

shall give particular attention to the interrelationships between surface water and ground water sources.

The Consultant shall determine the options that have the potential to form

part of a coherent, viable development strategy. The proposed options shall be selected on such criteria as potential yield, social / environmental

factors, design and construction factors. The options to be further considered shall be reviewed and agreed by the Technical Committee.

5.5.3. Formulation of a Water Source Development Strategy

The Consultant shall formulate a coherent, viable development strategy that

provides for staged infrastructure / supply and irrigation systems in keeping with expected demand growth. The strategy shall be composed of the source options identified and agreed with the Technical Committee.

The major stakeholders prefer a water source development strategy that provides for operational flexibility, and reliability of supply. The strategy

must be robust and allow for the early development of the Stage 1 works.

5.6. Water Source Development Strategy Evaluation 5.6.1. Liaison, Consultation, and Approach

The Consultant shall evaluate the preferred water source development

strategy for the Study Area. The main objective of the study is to evaluate the preferred development strategy for Area in terms of: engineering factors, costs, financial and economic sustainability social / environmental impacts,

economics and financing, and risks.

The Consultant shall liaise and consult with relevant stakeholders through

the Technical Committee to ensure that their concerns and requirements are properly addressed and incorporated into the study where appropriate.

The Consultant, in consultation with the TWWDA, MWSI and WRA shall

develop a strategic framework for undertaking the evaluation. The framework shall include type and methods of analysis, data and other

sources of information.

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5.6.2. Evaluation of the Development Strategy

The primary outcome of this task is to obtain the agreement of all major stakeholders to a preferred water source development strategy that, overall, is the most acceptable solution.

The Consultant shall evaluate the preferred development strategy using methods acceptable to the Technical Committee. The Consultant shall consult with the major stakeholders through the Technical Committee

concerning the range and method of analysis and obtain agreement to the evaluation methodology before proceeding.

The evaluation shall cover at least the following aspects:

Water availability, demands, and water balance

Geotechnical investigations

Staging of infrastructure development hence potential water supply and

Irrigation

Capital and recurring costs and cash flow

Social / environmental assessment

Economic and financial analysis

Risk analysis

5.6.2.1. Water availability, demands, and water balance:

The Consultant shall evaluate the water supply potential of the development strategy. The evaluation shall draw from the hydrological and demand

studies undertaken as part of this assignment. The evaluation shall at least take into account demand growth, the lead time to develop water source options, the impact of demand management strategies implemented,

optimization of existing supply / demand arrangements, as well as possible climatic variations / changes.

5.6.2.2. Geotechnical investigations:

This will be necessary for dam sites proposed in the development strategies.

5.6.2.3. Phasing of infrastructure and potential water supply and Irrigation works:

The Consultant shall evaluate the infrastructure staging potential of the development strategy. The evaluation shall consider how closely the

infrastructure requirements can be staged, hence investment, to match the expected demand growth.

5.6.2.4. Capital and recurring costs and cash flow:

The Consultant shall evaluate the capital and recurring costs of the

development strategy. The Consultant shall estimate capital, operating, maintenance, rehabilitation, replacement costs for both the development timeframe and the expected life of the infrastructure associated with the

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strategy. The Consultant shall also prepare a cash flow of expected expenditures.

5.6.2.5. Strategic environmental assessment:

The Consultant shall evaluate the social / environmental impacts for the

development strategy.

5.6.2.6. Economic and financial analysis:

The Consultant shall evaluate the economic and financial implications of the development strategy. The Consultant shall undertake analyses such as: cost recovery, impact on water tariffs and other forms of taxation, sensitivity

to key assumptions, IRR, cost benefit ratio, NPV, and impact on local and national economic growth.

5.6.2.7. Risk analysis:

The Consultant shall evaluate the potential risks for the development

strategy. The type of risks to be identified and evaluated, include:

Institutional

Social / environmental

Resource capacity assessment

Demand growth assessment

Cost estimates / financial planning

Economic evaluation

Design, construction, and operations

The Consultant shall discuss the findings of the evaluation and confirm the suitability of the development strategy. The Consultant shall identify

possible trade-offs and recommend possible resolution of the issues raised by the analysis. The Consultant shall consult with the major stakeholders through the Technical Committee and negotiate trade-offs between the

various competing requirements.

5.7. Preferred Water and Irrigation Development Master Plan

The Consultant shall prepare a development master plan for the preferred development strategy. The master plan shall have sufficient detail to enable

the GoK to seek funding from external financiers for at least the short term and medium term works of the approved development strategy.

The master plan shall be based on a staged approach to constructing the various components / options that comprise the development strategy. Each stage shall allow for an incremental increase in water supply and irrigation

works that closely matches the expected demand growth. The staging of works shall also endeavour to minimize the lead time required to achieve each increase with due regard to cash flow and financing capacity.

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The master plan will have various scenarios to guide development of water sources for TWWDA over the medium-term period and pre-design

sustainable and adequate funding for the proposed master plan taking cognizance of:

Groundwater development (including fractured bedrock options) and banking

(infiltration ponds, and other options, etc.) and development of sources. These may

require few test boreholes to be drilled.

Dams and other surface sources

Water services options (treatment infrastructure and service coverage)

Sewerage services options

Reuse of treated wastewater

Options of Harnessing Rain water

The master plan shall be comprised of at least the following elements:

a) Water Source Development Staging Plan

b) Water Balance and Expected Benefits Timeline

c) Sewerage services Development Staging Plan

d) Investment / Financial Plan

e) Preliminary Social / Environmental Management Plan

f) Risk Management Plan

g) Preliminary Asset Management Plan

5.7.1. Water Source Development Staging Plan

The Consultant shall prepare a development strategy schedule / timeline

that provides sufficient detail to show when the various activities associated with implementing the preferred water source development strategy will be

completed by. The development strategy schedule shall provide details such as key milestones, activities, durations, expected start and completion dates, and critical activities.

5.7.2. Water Balance and Expected Benefits Timeline

The Consultant shall prepare a water balance and benefit timeline that

provides sufficient detail to show when the benefits and increases in water supply and irrigation associated with implementing the preferred water source development strategy can be expected to be achieved by. The timeline

shall provide details such as key benefits, increments in supply capacity, numbers / types of beneficiaries, achievement target.

5.7.3. Sewerage services Development Staging Plan

The Consultant shall prepare a development strategy schedule / timeline that provides sufficient detail to show when the various activities associated

with implementing the preferred sewerage services development strategy will be completed by. The development strategy schedule shall provide details

such as key milestones, activities, durations, expected start and completion dates, and critical activities.

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5.7.4. Investment / Financial Plan

The Consultant shall prepare an investment / financial management plan that details the proposed funding arrangements needed to implement the development strategy. The investment / financial management plan shall

describe the amount of funds needed, proposed sources for the funds, and potential means of cost recovery.

5.7.5. Preliminary Social / Environmental Management Plan

The Consultant shall prepare a preliminary social / environmental management plan that provides sufficient detail to verify that the preferred

water source development strategy can be implemented in a socially / environmentally safe manner.

5.7.6. Risk Management Plan

The Consultant shall prepare a risk management plan that provides sufficient detail to verify that the preferred development strategy can be

implemented without undue concern about failure to meet the development objectives or major cost over-runs. The risk management plan shall identify

major risks, mitigation methods, key indicators, and monitoring / reporting to enable the effective implementation of the preferred development strategy.

5.7.7. Preliminary Asset Management Plan

The Consultant shall prepare a preliminary asset management plan that provides sufficient detail to verify that the preferred development strategy

can be implemented in a technically and financially sustainable manner. The preliminary asset management plan shall identify and describe for key infrastructure items the key stages of asset whole of life cycle, the effective

asset service life, the information and systems needed to monitor and report asset condition / value, the potential strategies for sustaining service levels, major potential impediments to sustaining the expected levels of service.

5.8. Water Resources Management Arrangements

The Consultant shall review and comment on current institutional arrangements and capacity, especially within the TWWDA, NIA, TARDA,

County WSPs and WRA for surface water and ground water management and regulation. The review shall cover areas such as:

a) Water resource development

b) Water resource management / conservation

c) Water resource regulation

d) Water resource monitoring

e) Water resource information systems

The review shall consist of discussions and observations made while undertaking the assignment together with a review of the new water

legislation and institutional arrangements for the water sector (that are currently in an advanced stage of being finalized). The purpose of the review

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is to highlight critical areas in the institutional arrangements and capacity that a detailed institutional study and capacity building program should

address.

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6.0 IMPLEMENTATION OF THE ASSIGNMENT 6.1. Consultant Organization 6.1.1. Consulting firm experience:

i. This assignment is open to civil engineering consulting firms from the private sector

with at least ten (10) years’ experience in:

a. surface water hydrology;

b. ground water hydrology including deep groundwater (fractured bedrock)aquifer

systems;

c.geotechnical investigations;

d. integrated water and irrigation resource management and development;

e. strategic environmental assessment/environmental Impact Assessment studies in

water development;

f. social Impact Assessment Studies in water resource development and;

g. Financial and economic studies for large water development projects.

ii. The experience shall include the design in development of water resource

infrastructure including large dams and inter-basin water transfer facilities (large

pipelines and tunnels). (provide references and contact address for the clients);

iii. Have experience in design of large water and sewerage treatment plants and networks

including network modelling.

iv. Have experience in preparing development master plan and development strategy for

rural and urban settings

v. Demonstrate financial and technical capabilities of project of this nature.

6.1.2. Team composition: The consultant shall assemble a team of professionals with competencies and experience in the various disciplines needed to carry out the assignment. The work team that the TWWDA considers appropriate for the assignment is described below. The TWWDA will use this team composition to assess the bids submitted by qualified bidders. The Consultant may propose additional staff to that indicated which the consultant may consider necessary for the successful delivery of the objectives of the assignment.

6.1.3. Experience and qualification of key team members: Staff engaged on the assignment shall have qualifications and / or experience as described in the following paragraphs and shown in the Information to Consultants (Data Sheet) section of the Request for Proposals. a. Team Leader: The Team Leader shall be a professional engineer with proven experience in

the planning and development of water resources. The Team Leader shall have a minimum

BSc degree qualification in civil engineering as well as post graduate qualifications in water

resources. The Team Leader shall have a minimum of twenty (20) years overall experience

and five years (5) years relevant international experience on similar water resource projects.

b. Surface Water Hydrologist: The Surface Water Hydrologist shall be a professional with

proven experience in surface water hydrology. The Surface Water Hydrologist shall have a

minimum BSc degree qualification in a relevant field as well as post graduate qualifications

in hydrology. The Surface Water Hydrologist shall have a minimum of ten (10) years overall

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experience. Relevant international experience on similar water resource projects will be an

added advantage.

c. Ground Water Hydrologist: The Ground Water Hydrologist shall be a professional

engineer with proven experience in ground water hydrology. The Ground Water Hydrologist

shall have a minimum BSc degree qualification in a relevant field as well as post graduate

qualifications in hydrology or hydrogeology. The Ground Water Hydrologist shall have a

minimum of ten (10) years overall experience. Relevant international experience on similar

water resource projects will be an added advantage.

d. Geotechnical / Soils Engineer: The Geotechnical / Soils Engineer shall be a professional

engineer with proven experience in geotechnical / soils engineering. The Geotechnical / Soils

Engineer shall have a minimum BSc degree qualification in civil engineering as well as post

graduate qualifications in geotechnical / soils engineering. The Geotechnical / Soils Engineer

shall have a minimum of ten (10) years overall experience. Relevant international experience

on similar water resource projects will be an added advantage.

e. Water Supply Engineer: The Water Supply Engineer shall be a professional engineer with

proven experience in water supply engineering in relation to demand assessment and

demand management. The Water Supply Engineer shall have a minimum BSc degree

qualification in civil engineering as well as post graduate qualifications in water supply

engineering. The Water Supply Engineer shall have a minimum of ten (10) years overall

experience. Relevant international experience on similar water resource projects will be an

added advantage.

f. Civil / Structural Engineer: The Civil / Structural Engineer shall be a professional engineer

with proven experience in the design of large dams and appurtenant structures, pipelines,

and canals. The Civil / Structural Engineer shall have a minimum BSc degree qualification

in civil engineering as well as post graduate qualifications in structural engineering. The

Civil / Structural Engineer shall have a minimum of fifteen (15) years overall experience.

g. Electro-Mechanical Engineer: The Electro-mechanical engineer shall be a professional

engineer with proven experience in the design deep borehole and surface water pumps and

electrical installations. The Electro-mechanical Engineer shall have a minimum BSc degree

qualification in electrical engineering as well as post graduate qualifications in engineering.

The expert shall have a minimum of ten (10) years overall experience.

h. Economist: The Economist shall have proven experience in the economic analysis of large

water resource projects. The Economist shall have a minimum bachelor’s degree qualification

in economics as well as relevant post graduate qualifications. The Economist shall have a

minimum of ten (10) years overall experience and five years (5) years relevant experience

related to large development projects.

i. Environmental Scientist / Manager: The Environmental Scientist shall have proven

experience in undertaking strategic environmental assessments, environmental impact

assessment / review of large water resource projects. The Environmental Scientist shall have

a minimum BSc degree qualification in science or engineering as well as relevant post

graduate qualifications in environmental management. The Environmental Scientist shall

have a minimum of ten (10) years overall experience and five years (5) years relevant

experience on environmental assessment / review related to large water resource projects.

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j. Sociologist: The Sociologist shall have proven experience in the social impact assessment /

review of large water resource projects. The Sociologist shall have a minimum bachelor’s

degree qualification in sociology or applied anthropology as well as relevant post graduate

qualifications. The Sociologist shall have a minimum of ten (10) years overall experience and

five years (5) years relevant experience on social assessment / review related to large

development projects.

6.2. Local Participation

In case of International Consultant’s, the Consultant shall associate with a local Kenyan consulting engineering firm and provide a reasonable proportion of local staff at senior professional levels. The Consultant shall

provide notarized letters of association with local firms with their bids. The Consultant shall indicate the positions assigned to local and expatriate staff.

All contract provisions shall be corporately and severally binding on the prime consultant and its associated firms &/or sub-consultants.

6.3. Counterparts

TWWDA may assign qualified personnel from the major stakeholders as

counterparts to assist the Consultant to undertake their duties. The Consultant shall discuss and agree the numbers and competencies of counterparts with TWWDA during mobilization. The Consultant shall ensure

that appropriate knowledge transfer occurs between the Consultant and any counterpart staff assigned to it.

6.4. Estimated Staff Inputs

An estimate of the level of effort required for the assignment is given in the

table below:

Estimated Level of Effort

No Team Member Input (staff

months)

1 Team Leader 9

2 Surface Water Hydrologist 9

3 Ground Water Hydrologist 9

5 Geotechnical / Soils Engineer 8

6 Water Supply Engineers (2) 18

8 Civil / Structural Engineer 9

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9 Electro-mechanical Engineer 6

10 Economist 6

11 Environmental Scientist / Manager 6

12 Sociologist 6

TOTAL INPUT EFFORT 86

TWWDA will use the estimated level of effort to compare bids.

6.5. Facilities, Equipment and Data 6.5.1. Provided by the consultant

The Consultant shall provide all necessary transport and equipment it

deems necessary to undertake the assignment. The Consultant shall supply its own computing equipment.

If the Consultant deems it necessary to procure and supply specialist

equipment under the contract the Consultant shall provide full details, specifications, and cost for the equipment to be procured and supplied

under the contract in its bid. Failure to provide this information may result in the bid being rejected.

The Consultant shall discuss and agree with TWWDA, during contract

negotiations, the final list of equipment to be procured and supplied.

The Consultant shall hand over all items procured and supplied under the

contract to TWWDA, in good working order, on completion of the contract.

The cost for Consulting Services will be deemed to include, but not necessarily limited to, the following items:

a. Remuneration for Consultant’s staff and support personnel

b. Office space

c. Specialist third party services such as geological and soils testing, survey, drafting / mapping,

and the like

d. Transportation

e. Printing and binding

f. Communications including phone, fax, and email

g. International Airfares, visas, accommodation, and incidentals

6.5.2. Provided by the client

At the commencement of the assignment TWWDA will make available to the

Consultant all data, information, and reports deemed necessary for the assignment. The information will include any available reports, but not

necessarily be limited to the following:

a. The National Water Master plan 2030

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b. TWWDA 5 year Strategic Plan

c. WSPs Strategic Plans

d. County integrated Development Plans

e. The Draft National Water Services Strategy (2020-2023)

f. Other available documents that may be requested by the consultant

The Consultant shall treat these documents with care and return them in

good order to TWWDA at the end of the assignment.

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7.0 Reporting Schedule

The Consultant shall prepare and submit the following reports to TWWDA. Except for the inception and the progress reports, all other reports will be prepared as stand-alone reports for each County. The number of reports and

timing shall be as given in the following Table:

Reporting Schedule

Description No. Target

Inception report 4 two (2) weeks after the

start of the assignment

Monthly progress reports 4 One (1) week after the end

of each calendar month

Water services options review 4 Three (3) months after mobilisation

Water services development Stage 1 (five year) pre design

4 Five (5) months after mobilisation

Review of ground water resources 4 Six (6) months after mobilisation

Draft Integrated Water and Sanitation development master plan (inc’l evaluation)

and presentation

4 Eight (8) months after mobilisation

End of assignment workshop report and

Final Integrated Water and Sanitation Development Masterplan for TWWDA

7 Nine (9) months after

mobilisation

All project outputs (excluding progress reports) as well as the proceedings of the end of assignment workshop shall be submitted in both hard copy and

digital copy. The digital copy format shall be agreed with the Technical Committee during mobilization. The digital copy shall be submitted on

suitable long term storage media such as CD or DVD. Each hard copy submitted shall be accompanied with a digital copy suitably bound to the inside cover of the hard copy.

The Consultant shall prepare and distribute workshop papers and proceedings of the end of assignment workshop. The Consultant shall

prepare sufficient copies of the workshop papers and proceedings for each attendee as well as fifteen (15) official copies.

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1.1. Duration of Services

The assignment shall be executed under a single contract of nine (9) months

duration. The study must be completed by the end of this period. Due to continued pressure on existing water sources, and the Irrigation demand in

the area, TWWDA is endeavouring to complete the assignment well ahead of this schedule.

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SECTION VI:

STANDARD FORMS OF CONTRACT

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ANNEX I REPUBLIC OF KENYA

S T A N D A R D F O R M O F C O N T R A C T

F O R

CONSULTING SERVICES

Large Assignments

(Lump- Sum payment)

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CONTENTS Special notes…………………………………………………………… iii

Contract for Consultant’s Services………………………………… iv

I Form of Contract……………………………………………….. v-vi

II General Conditions of Contract…………………………………… vii

1. General Provisions…………………………………………… vii-viii

1.1 Definitions………………………………………….…… viii 1.2 Law Governing the Contract……………………….. viii

1.3 Language……………………………………………….. viii 1.4 Notices…………………………………………………… viii 1.5 Location…………………………………………………. viii

1.6 Authorized Representatives………………………… viii 1.7 Taxes and Duties……………………………………… ix

2. Commencement, Completion, Modification and

Termination of Contract……………………………………… ix

2.1 Effectiveness of Contract…………………………….. ix 2.2 Commencement of Services……………………….. ix 2.3 Expiration of Contract………………………………. ix

2.4 Modification……………………………………………. ix 2.5 Force Majeure…………………………………………. ix

2.5.1 Definition……………………………………….. ix 2.5.2 No Breach of Contract……………………….. ix 2.5.3 Extension of Time…………………………….. x

2.5.4 Payments……………………………………….. x 2.6 Termination……………………………………………. x 2.6.1 By the Client…………………………………… x

2.6.2 By the Consultant……………………………… xi 2.6.3 Payment upon Termination………………… xi

3. Obligations of the Consultant………………………………. xii 3.1 General………………………………………………….. xii

3.2 Conflict of Interests…………………………………… xiii 3.2.1 Consultant Not to Benefit from Commissions,

Discounts, etc………………….… xii-xiii 3.2.2 Consultant and Affiliates Not to Be

Otherwise Interested in Project……………. xiii

3.2.3 Prohibition of Conflicting Activities………… xiii 3.3 Confidentiality…………………………………. xiii

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(i)

3.4 Insurance to be Taken Out by the Consultant… xiv 3.5 Consultant’s Actions Requiring Client’s Prior

Approval……………………………………………… xv

3.6 Reporting Obligations……………………………… xv 3.7 Documents Prepared by the Consultant to

Be the Property of the Client……………………… xv

4 Consultant’s Personnel…………………………………………… xv

4.1 Description of Personnel…………………………… xv 4.2 Removal and/or Replacement of Personnel…… xv

5 Obligations of the Client…………………………………………… xvi 5.1 Assistance and Exemptions………………………… xvi

5.2 Change in the Applicable Law……………………… xvi 5.3 Services and Facilities……………………………… xvi

6 Payments to the Consultant…………………………………… xvi 6.1 Lump-Sum Remuneration……………………… xvi 6.2 Contract Price………………………………………

xvii 6.3 Payment for Additional Services……………….

xvii 6.4 Terms and Conditions of Payment……………… xvii

6.5 Interest on Delayed Payments…………………… xvii

7 Settlement of Disputes……………………………………………… xvii

7.1 Amicable Settlement………………………………… xvii 7.2 Dispute Settlement……………………………………

xviii

III Special Conditions of Contract…………………………………………… xix IV Appendices……………………………………………………………………… xxi

Appendix A – Description of the Services………………………………… xxi Appendix B – Reporting Requirements…………………………………… xxi Appendix C – Key Personnel and Subconsultants………………………xxi

Appendix D – Breakdown of Contract Price in Foreign Currency……xxi Appendix E – Breakdown of Contract Price in Local Currency………xxi

Appendix F – Services and Facilities Provided by the Client………… xxii

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(ii)

Special Notes

1. The Lump-Sum price is arrived at on the basis of inputs – including rates – provided by the Consultant. The Client agrees to pay the

Consultant according to a schedule of payments linked to the delivery of certain outputs, usually reports. Lump-sum contracts have the simplicity of administration, the Client having only to be satisfied with

the outputs without monitoring the staff inputs and should be used for large Assignments in for example Design; Engineering; Supervision and Management Services; Master plans; Economic and Feasibility studies;

and Surveys.

2. The Contract includes four parts: Form of Contract, the General

Conditions of Contract, the Special Conditions of Contract and the

Appendices. The Client using this standard contract should not alter the General Conditions. Any adjustment to meet any specific project

features should be made only in the Special Conditions.

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(iii)

CONTRACT FOR CONSULTANT’S SERVICES

Large Assignments (Lump-Sum Payments)

between

_________________________

[name of the Client]

AND

___________________________

[name of the Consultant]

Dated: _________________[date]

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(iv)

I. FORM OF CONTRACT

Large Assignments (Lump-Sum Payments)

This Agreement (hereinafter called the “Contract”) is made the ________)day of the month of _______________[month], [year], between

___________________________________, [name of client] of [or whose registered office is situated at ]_________________________________________[location of office] (hereinafter called the “Client”) of the one part AND

____________________________________________[name of consultant] of [or whose registered office is situated at] ________________________________________________________[location of office](hereinafter called the “Consultant”) of the other part.

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the

“Services”);

(b) the Consultant, having presented to the Client that he has the

required professional skills and personnel and technical resources, have agreed to provide the Services on the terms and

conditions set forth in this Contract; NOW THEREFORE the Parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an

integral part of this Contract:

(a) The General Conditions of Contract;

(b) The Special Conditions of Contract; (c) The following Appendices: [Note: If any of these Appendices are

not used, they should be deleted from the list] Appendix A: Description of the Services Appendix B: Reporting Requirements

Appendix C: Key Personnel and Sub consultants Appendix D: Breakdown of Contract Price in Foreign Currency

Appendix E: Breakdown of Contract Price in Local Currency

Appendix F: Services and Facilities Provided by the Client

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(v)

2. The mutual rights and obligations of the Client and the Consultants

shall be as set forth in the Contract; in particular:

(a) The Consultant shall carry out the Services in accordance with

the provisions of the Contract; and (b) the Client shall make payments to the Consultant in accordance

with the provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be

signed in their respective names as of the day and year first above written.

For and on behalf of___________________________________________[name of client] [full name of Client’s authorisedrepresentative_____________________________________________ [title]________________________________________________ [signature]___________________________________________ [date]________________________________________________ For and on behalf of ______________________________________ [name of consultant]

[full name of Consultant’s authorized representative]___________________________________ [title]______________________________________________ [signature]_________________________________________

[date]_______________________________________________

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(vi)

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following terms

whenever used in this Contract shall have the

following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law in the Republic of Kenya as they may be issued

and in force from time to time;

(b) “Contract” means the Contract signed by the

Parties, to which these General Conditions of Contract (GC) are attached together with all

the documents listed in Clause 1 of such signed Contract;

(c) “Contract Price” means the price to be paid for the performance of the Services in accordance with Clause 6 herebelow;

(d) “Foreign Currency” means any currency other

than the Kenya Shilling;

(e) “GC” means these General Conditions of

Contract;

(f) “Government” means the Government of the Republic of Kenya;

(g) “Local Currency” means the Kenya Shilling;

(h) “Member”, in case the Consultant consists of

a joint venture of more than one entity, means any of these entities; “Members”

means all these entities, and “Member in Charge” means the entity specified in the SC to act on their behalf in exercising all the

Consultant’s rights and obligations towards the Client under this Contract;

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(i) “Party” means the Client or the Consultant, as the case may be and “Parties” means both

of them;

(vii)

(j) “Personnel” means persons hired by the Consultant or by any Sub-consultant as

employees and assigned to the performance of the Services or any part thereof;

(k) “SC” means the Special Conditions of Contract by which the GC may be amended

or supplemented;

(l) “Services” means the work to be performed by

the Consultant pursuant to this Contract, as described in Appendix A; and

(m) “Sub consultant” means any entity to which the Consultant subcontracts any part of the

Services in accordance with the provisions of Clauses 3 and 4.

1.2 Law Governing This Contract, its meaning and interpretation and the Contract the relationship between the Parties shall be

governed by the Laws of Kenya.

1.3 Language This Contract has been executed in English

language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices Any notice, request, or consent made pursuant to

this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party

to whom the communication is addressed or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified in the SC.

1.5 Location The Services shall be performed at such locations

as are specified in Appendix A and, where the location of a particular task is not so specified, at

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such locations, whether in the Republic of Kenya or elsewhere, as the Client may approve.

1.6 Authorized Any action required or permitted to be taken and

Representatives any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified

in the SC.

(viii)

1.7 Taxes and The Consultant, Sub consultant[s] and their

Duties personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Laws

of Kenya, the amount of which is deemed to have been included in the Contract Price.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT

2.1 Effectiveness of This Contract shall come into effect on the date the

Contract Contract is signed by both Parties or such other later date as may be stated in the SC.

2.2 Commencement The Consultant shall begin carrying out the

of Services Services thirty (30) days after the date the Contract

becomes effective or at such other date as may be specified in the SC.

2.3 Expiration of Unless terminated earlier pursuant to Clause 2.6, Contract this Contract shall terminate at the end of such

time period, after the Effective Date, as is specified in the SC.

2.4 Modification Modification of the terms and Conditions of this Contract, including any modification of the scope of

the Services or the Contract Price, may only be made by written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable control of a Party and which makes a Party’s

performance of its obligations under the Contract

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impossible or so impractical as to be considered impossible under the circumstances.

2.5.2 No Breach The failure of a Party to fulfill any of its obligations

of Contract under the Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force

Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in

order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as

soon as possible about the occurrence of such an event.

(ix)

2.5.3 Extension Any period within which a Party shall, pursuant

Of Time this Contract complete any action or task shall be

extended for a period equal to the time during which such Party was unable to perform such

action as a result of Force Majeure. 2.5.4 Payments During the period of his inability to perform the

Services as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to

be reimbursed for additional costs reasonably and necessarily incurred by him during such period for

the purposes of the Services and in reactivating the Service after the end of such period.

2.6 Termination

2.6.1 By the The Client may terminate this Contract by not less Client than thirty (30) days’ written notice of termination

to the Consultant, to be given after the occurrence

of any of the events specified in this Clause;

(a) if the Consultant does not remedy a failure in

the performance of his obligations under the Contract within thirty (30) days after being

notified or within any further period as the Client may have subsequently approved in writing;

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(b) if the Consultant becomes insolvent or

bankrupt;

(c) if, as a result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less

than sixty (60) days; or

(d) if the Consultant, in the judgement of the

Client, has engaged in corrupt or fraudulent practices in competing for or in executing the

Contract.

For the purpose of this clause;

“corrupt practice” means the offering, giving,

receiving or soliciting of any thing of value to influence the action of a public official in the selection process or in Contract execution.

(x)

“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution

of Contract to the detriment of the Client, and includes collusive practice among consultants

(prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Client of

the benefits of free and open competition.

(e) if the Client in his sole discretion decides to terminate this Contract.

2.6.2 By the The Consultant may terminate this Contract by not Consultant less than thirty (30) days’ written notice to the

Client, such notice to be given after the occurrence

of any of the following events;

(a) if the Client fails to pay any monies due to the Consultant pursuant to this Contract and not

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subject to dispute pursuant to Clause 7 within sixty (60) days after receiving written

notice from the Consultant that such payment is overdue; or

(b) if, as a result of Force Majeure, the

Consultant is unable to perform a material

portion of the Services for a period of not less than sixty (60) days.

2.6.3 Payment Upon termination of this Contract pursuant to upon Clauses 2.6.1 or 2.6.2, the Client shall make the

Termination following payments to the Consultant:

(a) remuneration pursuant to Clause 6 for

Services satisfactorily performed prior to the effective date of termination;

(b) except in the case of termination pursuant to

paragraphs (a) and (b) of Clause 2.6.1,

reimbursement of any reasonable costs incident to the prompt and orderly termination of the Contract, including the

cost of the return travel of the Personnel and their eligible dependents.

(xi)

3. OBLIGATIONS OF THE CONSULTANT

3.1 General The Consultant shall perform the Services and carry out

his obligations with all due diligence, efficiency and

economy in accordance with generally accepted professional techniques and practices and shall observe

sound management practices, and employ appropriate advanced technology and safe methods. The Consultant shall always act, in respect of any matter relating to this

Contract or to the Services, as faithful adviser to the Client and shall at all times support and safeguard the

Client’s legitimate interests in any dealing with Sub consultants or third parties.

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1.2 Conflict of

Interests

3.2.1 Consultant (i) The remuneration of the Consultant pursuant Not to to Clause 6 shall constitute the Consultant’s Benefit from sole remuneration in connection with this

Commissions, Contract or the Services and the Consultant Discounts, shall not accept for his own benefit any trade Etc. commission, discount or similar payment in

connection with activities pursuant to this Contract or to the Services or in the discharge

of his obligations under the Contract and the Consultant shall use his best efforts to ensure that his personnel, any sub

consultant[s] and agents of either of them similarly shall not receive any such additional

remuneration.

(ii) For a period of two years after the expiration

of this Contract, the Consultant shall not engage and shall cause his personnel as well as his sub consultant[s] and his/their

personnel not to engage in the activity of a purchaser (directly or indirectly) of the assets

on which he advised the Client on this Contract nor shall he engage in the activity of an adviser (directly or indirectly) of potential

purchasers of such assets.

(iii) Where the Consultant as part of the Services

has the responsibility of advising the Client on the procurement of goods, works or

services, the Consultant will comply with any applicable

(xii)

procurement guidelines and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or

commissions obtained by the Consultant in the exercise of such procurement shall be for

the account of the Client. 3.2.2 Consultant The Consultant agrees that, during the term

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and of this Contract and after its termination, the Affiliates Consultant and his affiliates, as well as any

Not to be Subconsultant and any of his affiliates, shall Otherwise be disqualified from providing goods, works or

Interested in services (other than the Services and any Project continuation thereof) for any project resulting from or closely related to the Services.

3.2.3 Prohibition Neither the Consultant nor his of subconsultant[s] nor their personnel shall

Conflicting engage, either directly or indirectly in any of Activities the following activities:

(a) during the term of this Contract, any business or professional activities in the Republic of Kenya which would

conflict with the activities assigned to them under this Contract; or

(b) after the termination of this Contract,

such other activities as may be

specified in the SC.

3.3 Confidentiality The Consultant, his subconsultant[s] and the

personnel of either of them shall not, either during the term of this Contract or within two

(2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the

Services, this Contract or the Client’s business or operations without the prior written consent of the Client.

3.4 Insurance to be The Consultant (a) shall take out and

maintain Taken Out by the and shall cause any subconsultant[s] to take

out

Consultant and maintain, at his (or the subconsultants’, as the case may be) own cost but on terms

and conditions approved by the Client, insurance against the risks and for the coverage, as shall be specified in the SC; and

(b) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and

maintained and that the current premiums have been paid.

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(xiii)

3.5 Consultant’s The Consultant shall obtain the Client’s prior Actions Requiring approval in writing before taking any of the

Client’s Prior following actions; Approval

(a) entering into a subcontract for the performance of any part of the Services,

(b) appointing such members of the personnel not listed by name in Appendix

C (“Key Personnel and Subconsultants”).

3.6 Reporting The Consultants shall submit to the Client the

Obligations reports and documents specified in Appendix A in the form, in the numbers, and within the periods

set forth in the said Appendix. 3.7 Documents All plans, drawings, specifications, designs, reports

prepared by and other documents and software submitted by the Consult- the Consult-ant in accordance with Clause 3.6 shall

become and

ant to Be remain the property of the Client and the Consultant the Property shall, not later than upon termination or expiration

of this of the Client Contract, deliver all such documents and software

to the Client together with a detailed inventory

thereof. The Consultant may retain a copy of such documents and software. Neither Party shall use these

documents for purposes unrelated to this Contract without the prior approval of the other Party.

4. CONSULTANT’S PERSONNEL

4.1 Description The titles, agreed job descriptions, minimum

of Personnel qualifications and estimated periods of engagement in the carrying out of the Services of the Consultant’s Key Personnel are described in

Appendix C. The Key Personnel and Sub consultants listed by title as well as by name in

Appendix C are hereby approved by the Client. 4.2 Removal (a) Except as the Client may otherwise agree, no

and/or changes shall be made in the Key Personnel. If Replacement for any reason beyond the reasonable control of

Of Personnel the Consultant, it becomes necessary to replace any of the Key

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Personnel, the Consultant shall provide as a replacement a person of equivalent or better

qualifications.

(xiv)

(b) If the Client finds that any of the

Personnel have (i) committed serious misconduct or have been charged with

having committed a criminal action, or (ii) the Client has reasonable cause to be dissatisfied with the performance of

any of the Personnel, then the Consultant shall, at the Client’s written

request specifying the grounds thereof, provide as a replacement a person with qualifications and experience

acceptable to the Client.

(c) The Consultant shall have no claim for

additional costs arising out of or incidental to any removal and/or

replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and The Client shall use his best efforts to ensure Exemptions that he provides the Consultant such

assistance and exemptions as may be necessary for

due performance of this Contract.

5.2 Change in the If after the date of this Contract, there is any Applicable Law change in the Laws of Kenya with respect to

taxes and duties which increases or

decreases the cost of the Services rendered by the Consultant, then the remuneration and reimbursable expenses otherwise

payable to the Consultant under this Contract shall be increased or decreased

accordingly by agreement between the Parties and corresponding adjustments shall be made to the amounts referred to in Clause

6.2 (a) or (b), as the case may be.

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5.3 Services and Facilities The Client shall make available to the Consultant the Services and Facilities listed

under Appendix F.

6. PAYMENTS TO THE CONSULTANT

6.1 Lump-Sum The Consultant’s total remuneration shall not Remuneration exceed the Contract Price and shall be a fixed

lump-sum including all staff costs, Sub-consultants’ costs, printing, communications, travel, accommodation and the like and all

other costs incurred by the Consultant in carrying out the

(xv)

Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price

may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with

Clause 2.4.

6.2 Contract Price (a) The price payable in foreign currency is set forth in the SC.

(b) The price payable in local currency is set forth in the SC.

6.3 Payment for For the purposes of determining the Additional remuneration due for additional services as

Services may be agreed under Clause 2.4, a breakdown of the lump-sum price is provided

in Appendices D and E.

6.4 Terms and Payments will be made to the account of the

Conditions of Consultant and according to the payment

Payment schedule stated in the SC. Unless otherwise stated in the SC, the first payment shall be

made against the provision by the Consultant of a bank guarantee for the same amount and shall be valid for the period stated in the SC.

Any other payment shall be made after the conditions listed in the SC for such payment

have been met and the Consultant has

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submitted an invoice to the Client specifying the amount due.

6.5 Interest on Payment shall be made within thirty (30) days

Delayed of receipt of invoice and the relevant Payment documents specified in Clause 6.4. If the

Client has delayed payments beyond thirty

(30) days after the due date hereof, simple interest shall be paid to the Consultant for each day of delay at a rate three percentage

points above the prevailing Central Bank of Kenya’s average rate for base lending .

7. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement The Parties shall use their best efforts to

settle amicably all disputes arising out of or in connection with this Contract or its interpretation.

(xvi)

7.2 Dispute Settlement Any dispute between the Parties as to matters

arising pursuant to this Contract that cannot

be settled amicably within thirty (30) days after receipt by one Party of the other Party’s

request for such amicable settlement may be referred by either Party to the arbitration and final decision of a person to

be agreed between the Parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed

by the Chairman of the Chartered Institute of Arbitrators, Kenya Branch, on the request of

the applying party.

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(xvii)

III. SPECIAL CONDITIONS OF CONTRACT

Number of GC Amendments of and Supplements to Clauses in the

Clause General Conditions of Contract

1.1(i) The Member in Charge is Eng. M. M. Naivasha

1.4 The addresses are:

Client: TANA WATER WORKS DEVELOPMENT AGENCY

Attention: Chief Executive Officer

Tana Water Works Development Agency

Baden Powel Road

P.O. Box 1292 – 10100 Nyeri, Kenya

Tel: +254 61-2032282

Cell : +254 724-259891 Email [email protected]

Consultant: _____________________________________________

Attention: _____________________________________________ Telephone;

_____________________________________________ Telex:

_____________________________________________ Facsimile: _____________________________________________

1.6 The Authorized Representatives are:

For the Client: _____________________________________________

For the Consultant:__________________________________________

2.1 The date on which this Contract shall come into effect

Is Upon Contract Signature 2.2 The date for the commencement of Services is: Seven (14)

Days after contract Signature 2.3 The period shall be Nine (9) Months or such other period

as the Parties may agree in writing.

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(xviii) 3.4 The risks and coverage shall be:

(i) Professional Liability

(ii) Loss of or damage to equipment and property 6.2(a) The amount in foreign currency or currencies is: N/A 6.2(b) The amount in local Currency is: 100% of the Contract

Amount 6.4 Payments shall be made according to the following

schedule:

Description of Milestones Contract

proportion paid

submission of an acceptable inception

report

5%

submission of an acceptable Water

Services Options Review and Development Strategy including staging

plan

15%

submission of an acceptable Sewerage

Services Options Review and

Development Strategy including staging plan

10%

submission, Presentation and approval of Draft Water Resources Development

Masterplan for TWWDA including Investment/Financial Plan and Economic

analysis

40%

submission of water and sewerage

services development stage 1 works pre-

design including economic/financial analysis

15%

Upon submission of an acceptable Final Water and Sanitation Masterplan for

TWWDA Area

15%

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IV. Appendices

APPENDIX A – DESCRIPTION OF THE SERVICES

Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Client, etc. APPENDIX B – REPORTING REQUIREMENTS

List format, frequency, and contents of reports; persons to receive them; dates of submission; etc. If no reports are to be submitted, state here “Not applicable.” APPENDIX C– KEY PERSONNEL AND SUBCONSULTANTS

List under: C-1 Titles [and names, if already available], detailed job

descriptions and minimum qualifications of Personnel and staff-months for each.

C-2 List of approved Sub consultants (if already available);

same information with respect to their Personnel as in C-1.

APPENDIX D – BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY

List here the elements of cost used to arrive at the breakdown of the lump-sum price – foreign currency portion:

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures. This appendix will exclusively be used for determining remuneration for additional services. APPENDIX E – BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY

List here the elements of cost used to arrive at the breakdown of the lump-sum price – local currency portion.

1. Monthly rates for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures.

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(xx) This appendix will exclusively be used for determining remuneration for additional services. APPENDIX F – SERVICES AND FACILITIES PROVIDED BY THE CLIENT

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LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B: Consultant’s Personnel

Appendix C: Consultant’s Reporting Obligations

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(v)

LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity _____________________ _____________________

To:

RE: Tender No.

Tender Name This is to notify that the contract/s stated below under the above mentioned

tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your

acceptance. 2. The contract/contracts shall be signed by the parties within 30 days

of the date of this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the

subject matter of this letter of notification of award. (FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

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FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender

No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the

Public Procurement Administrative Review Board to review the whole/part of the

above mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on

………… day of ………....20….………

SIGNED

Board Secretary