PREQUEST FOR PROPOSALS FOR THE DESIGN, BUILD, OPERATE AND TRANSFER OF A TRUCK MARSHALLING YARD AND CONTAINER DEPOT IN MOMBASA COUNTY

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 Procuring Entity 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
Procuring Entity 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 Procuring Entity]
and
[Name of the Consultant]
Date:
59
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 Procuring Entity] (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 Procuring Entity 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 Procuring Entity 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 Procuring Entity 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 Procuring Entity 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 Procuring Entity 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

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