CONSULTANCY SERVICE ON TRAINING OF TOT’S ON PUBLIC PARTICIPATION FOR NAIROBI COUNTY ASSEMBLY STAFF

1. This Section includes two types of standard contract forms for: A Lump-Sum Contract and
a Time- Based Contract. Each type includes General Conditions of Contract (“GCC”) that
shall not be modified, and Special Conditions of Contract (“SCC”). The SCC includes
clauses specific to each contract to supplement, but not over- write or otherwise contradict,
the General Conditions of Contract.
2. Lump-Sum Contract. This type of contract is used mainly for assignments in which the
scope and the duration of the Services and the required output of the Consultant are clearly
defined. Payments are linked to outputs (deliverables) such as draft or final reports,
drawings, bill of quantities, bidding documents, or software programs. Lump-sum contracts
are easier to administer because they operate on the principle of a fixed price for a fixed
scope, and payments are due on clearly specified out puts and milestones. Never the less,
quality control of the Consultant's outputs by the county s paramount.
3. Time-Based Contract. This type of contract is appropriate when it is difficult to define or fix
the scope and the duration of the services, either because they are related to activities
carried out by others for which the completion period may vary, or because the input of the
consultants required for attaining the objectives of the assignment is difficult to assess. In
time-based contracts the Consultant provides services on a timed basis according to quality
specifications, and Consultant's remuneration is determined on the basis of the time
actually spent by the Consultant in carrying out the Services and is based on (i) agreed upon
unit rates for the Consultant's experts multiplied by the actual time spent by the experts in
executing the assignment, and (ii) reimbursable expenses using actual expenses and/or
agreed unit prices. This type of contract requires the county to closely supervise the
Consultant and to be involved in the daily execution of the assignment.
4. The templates are designed for use in assignments with consulting firms and shall not be
used for contracting of individual experts. In some consultancy assignments such as design
and construction supervision, both Lump- Sum and Time-Based Contracts are used and
signed with the Consultant. In that case, the Lump-Sum Contract would apply for the
design part of the Services while the construction supervision part would be based on a
Time- Based Contract. In such event, both types of contracts shall be signed at the same
time.
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CONTRACT FOR CONSULTANT'S SERVICES
Lump-Sum
Contract
Consulting
Services for:
Contract No.:
Contract Description:
Between
[Name of the county]
and
[Name of
the Consultant]
Date:
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I. FORM OF CONTRACT - LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (herein after called the “Contract”) is made the [number] day of the month of
[month], [year], between, on the one hand, [name of the county] (herein after called the
“Procuring Entity”) and, on the other hand, [name of Consultant] (herein after called the
“Consultant”).
[If the Consultant consists of more than one entity, the above should be partially amended to
read as follows: “… (hereinafter called the “Procuring Entity”) and, on the other hand, a Joint
Venture (name of the JV) consisting of the following entities, each member of which will be jointly
and severally liable to the county for all the Consultant's obligations under this Contract, namely,
[name of member]and [name of member] (herein after called the “Consultant”).]
WHEREAS
a) the county has requested the Consultant to provide certain consulting services as defined
in this Contract (herein after called the “Services”);
b) the Consultant, having represented to the county that it has the required professional skills,
expertise and technical resources, has agreed to provide the Services on the terms and
conditions set forth in this Contract;
c) the county has set aside a budget and funds toward the cost of the Services and intends to
apply a portion of these funds towards payments under this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached here to shall be deemed to form an integral part of this Contract:
a) The General Conditions of Contract;
b) The Special Conditions of Contract;
c) Appendices:
• Appendix A: Terms of Reference
• Appendix B: Key Experts
• Appendix C: Breakdown of Contract Price
• Appendix D: Form of Advance Payments Guarantee
In the event of any inconsistency between the documents, the following order of precedence
shall prevail: The Special Conditions of Contract; the General Conditions of Contract;
Appendix A; Appendix B; Appendix C; Appendix D. Any reference to this Contract shall
include, where the context permits, a reference to its Appendices.
2. The mutual rights and obligations of the county and the Consultant shall be asset for thin the
Contract, in particular:
a) The Consultant shall carryout the Services in accordance with the provisions of the Contract;
and
b) The county shall make payments to the Consultant in accordance with the provisions

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