Bid Document For Consulting Services For Organizing Ward Citizens Fora and Establishment of Project Monitoring Committees

COUNTY GOVERNMENT OF KISUMU
City of Kisumu
KISUMU URBAN PROJECT
REQUEST FOR PROPOSALS
FOR
CONSULTING SERVICES FOR ORGANIZING WARD CITIZENS FORA AND ESTABLISHMENT OF PROJECT
MONITORING COMMITTEES (PMCS).
TENDER NO CCK/KUP/RFP/1/2014/061
Funding: .............................................................. AGENCE FRANCAISE DE DEVELOPPEMENT (AFD)
FEBRUARY 2015
CONSULTING SERVICES FOR ORGANIZING WARD CITIZENS FORA
SECTION 1. LETTER OF INVITATION ................................................... ERROR! BOOKMARK NOT DEFINED.

SECTION 2. INSTRUCTIONS TO CONSULTANTS .................................. ERROR! BOOKMARK NOT DEFINED.
INSTRUCTIONS TO CONSULTANTS ......................................................................................................... 18
SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS ....................................................................... 28
SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS ........................................................................ 38
SECTION 5. TERMS OF REFERENCE ........................................................................................................ 43
1. BACKGROUND OF THE PROJECT .................................................................................................... 43
2. JUSTIFICATION .............................................................................................................................. 45
3. OBJECTIVE..................................................................................................................................... 47
4. SCOPE OF WORK ........................................................................................................................... 47
5. DURATION OF THE ASSIGNMENT .................................................................................................. 49
6. OUTPUTS ...................................................................................................................................... 49
7. REQUIRED SKILLS & EXPERIENCE ................................................................................................... 50
8. SELECTION CRITERIA ..................................................................................................................... 50
9. PREPARATION OF FINANCIAL PROPOSALS ..................................................................................... 51
10.
INDICATIVE SCHEDULE OF PAYMENT.......................................................................................... 52
11.
FACILITIES TO BE PROVIDED BY CLIENT ...................................................................................... 53
12.
FACILITIES TO BE PROVIDED BY THE CSO .................................................................................... 53
SECTION 6. MODEL FORM OF CONTRACT ............................................................................................. 54
STAMPGENERAL CONDITIONS OF CONTRACT ........................................................................................ 56
1. GENERAL PROVISIONS ...................................................................................................................... 57
SPECIAL CONDITIONS OF CONTRACT ..................................................................................................... 68
STAMPGENERAL CONDITIONS OF CONTRACT ........................................................................................ 76
1. GENERAL PROVISIONS ...................................................................................................................... 77
SPECIAL CONDITIONS OF CONTRACT ..................................................................................................... 88
Consulting services for Organizing Ward Citizens Fora
Section 1. Letter of Invitation

Kisumu, FEBRUARY,2015
1. ....................................................................................................................................... The
City of Kisumu (hereinafter called Client) has received funding (hereinafter called the funds)
from the French Development Agency (hereinafter called the Agency) toward the cost of the
implementation of the Kisumu Urban Project (KUP). The Client intends to apply funds from the KUP
to eligible payments under the contract for which this Request for Proposals is issued.
2. ....................................................................................................................................... The
City of Kisumu now invites proposals to provide consulting services for organizing Ward Fora and
Establishment of Project Monitoring Committee (PMCS). More details on the services are provided
in the Terms of Reference.
3. ....................................................................................................................................... Consult
ants will be selected under Quality and Cost Based Selection (QCBS) and procedures described in
this RFP.
4. The RFP includes the following documents:
Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants (including Data Sheet)
Section 3 - Technical Proposal - Model Forms
Section 4 - Financial Proposal - Model Forms
Section 5 - Terms of Reference
Section 6 - Model Form of Contract
5. Responsibility for launching and managing the selection process for the consultant is with the Client.
6. Please inform us in writing at the following address townclerk_kisumu@yahoo.com, copied to
kupsecretariat@ymail.com and kup.procurement@gmail.com, upon receipt:
(a) that you received the Letter of Invitation; and
(b) Whether you will submit a proposal alone or in association.
Yours Sincerely,
Doris C. Ombara
Ag City Manager
City of Kisumu
Section 2. Instructions to Consultants

1.
Introduction
Conflict of
Interest
1.1
The Client named in the Data Sheet will select a consulting

firm/organization (the Consultant) from those listed in the Letter of
Invitation, in accordance with the method of selection specified in the
Data Sheet.
1.2
The short listed Consultants are invited to submit a Technical Proposal and
a Financial Proposal for consulting services required for the assignment
named in the Data Sheet. The Proposal will be the basis for contract
negotiations and ultimately for a signed Contract with the selected
Consultant.
1.3
The Client will timely provide at no cost to the Consultants the inputs and
facilities specified in the Data Sheet, assist the firm in obtaining licenses
and permits needed to carry out the services, and make available relevant
project data and reports.
1.4
Consultants shall bear all costs associated with the preparation and
submission of their proposals and contract negotiation. The Client is not
bound to accept any proposal, and reserves the right to annul the selection
process at any time prior to Contract award, without thereby incurring any
liability to the Consultants.
1.5
The Agency only finances projects subject to its own conditions, which are
set out in its financing agreement. No legal relationship exists between
the Agency and any person other than the beneficiary of the financing.
The Agency may be led to suspend or definitively terminate
disbursements in the context of the project, without the Consultants
being informed beforehand and without their being entitled to claim from
the Agency any direct legal right to the amounts which, as the case may
be, originate from such financing. The Consultants shall alone assume the
possible consequences of unpaid amounts and disputes which may arise
in the context of their relations with the beneficiary of the financing. Any
communications which may be exchanged by any person other than the
beneficiary of the financing and the Agency in the context of a project do
not constitute, and shall not be interpreted so as to constitute, an
undertaking or a stipulation by the Agency in favour of such person or to
any third party.
1.6
The Agency requires that Consultants provide professional, objective, and

impartial advice and at all times hold the Clients interests paramount,
strictly avoid conflicts with other assignments or their own corporate
interests and act without any consideration for future work. Consultants
shall not be hired for any assignment that would be in conflict with their
prior or current obligations to other clients, or that may place them in a

position of not being able to carry out the assignment in the best interest
of the Client.
Conflicting activities
Conflicting
assignments
Conflicting
relationships
Fraud and
Corruption
1.6.1
Without limitation on the generality of the foregoing, Consultants, and

any of their affiliates, shall be considered to have a conflict of interest and
shall not be recruited, under any of the circumstances set forth below:
(i)
A Consultant that has been engaged by the Client to provide goods, works
or services other than consulting services for a project, and any of its
affiliates, shall be disqualified from providing consulting services related
to those goods, works or services. Conversely, a firm hired to provide
consulting services for the preparation or implementation of a project,
and any of its affiliates, shall be disqualified from subsequently providing
goods or works or services other than consulting services resulting from
or directly related to the firms consulting services for such preparation
or implementation.
(ii)
A Consultant (including its Personnel and Sub-Consultants) or any of its

affiliates shall not be hired for any assignment that, by its nature, may be
in conflict with another assignment of the Consultant to be executed for
the same or for another Client.
(iii) A Consultant (including its Personnel and Sub-Consultants) that has a

business or family relationship with a member of the Clients staff who is
directly or indirectly involved in any part of (i) the preparation of the
Terms of Reference of the assignment, (ii) the selection process for such
assignment, or (iii) supervision of the Contract, may not be awarded a
Contract, unless the conflict stemming from this relationship has been
resolved in a manner acceptable to the Agency throughout the selection
process and the execution of the Contract.
1.6.2
Consultants have an obligation to disclose any situation of actual or

potential conflict that impacts their capacity to serve the best interest of
their Client, or that may reasonably be perceived as having this effect.
Failure to disclose said situations may lead to the disqualification of the
Consultant or the termination of its Contract.
1.7
The Agency requires that all beneficiaries of its funding, as well as

Consultants participating in projects which it finances, adhere to the
highest ethical standards, both during the selection process and
throughout the execution of a contract.
1.8
In pursuance of this policy, the Agency defines the terms set forth below
as follows:
(a) corrupt practice means the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of a
public official in the selection process or in contract execution;
(b) fraudulent practice means a misrepresentation or omission of

facts in order to influence a selection process or the execution of a
contract;
(c) collusive practices means a scheme or arrangement between two

or more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, noncompetitive levels;
(d) Coercive practices means harming or threatening to harm, directly

or indirectly, persons or their property to influence their
participation in a procurement process, or affect the execution of a
contract.
1.9
As a result of its own investigations and findings, and in accordance with

its procedures, the Agency:
will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for
the contract in question;
will cancel the portion of the funding allocated to a contract if it
determines at any time that representatives of the Client were
engaged in corrupt, fraudulent, collusive or coercive practices during
the selection process or the execution of the contract, without the
Client having taken timely and appropriate action satisfactory to the
Agency to remedy the situation;
will declare a Consultant ineligible, either indefinitely or for a stated
period of time, to be awarded a contract financed by the Agency if at
any time determines that the Consultant has, directly or through an
agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for, or in executing, a contract financed by the Agency.
1.10
The Agency reserves the right to declare a firm or individual ineligible for a
stated period of time to be awarded a contract financed by the Agency, if
an international or national organization has determined that such firm or
individual has engaged in corrupt, fraudulent, collusive or coercive
practices.
1.11
The Agency will have the right to require that a provision be included in
contracts which it finances, requiring bidders, suppliers, contractors and
consultants to permit the Agency to inspect their accounts and records
and other documents relating to contract performance and to have them
audited by auditors appointed by the Agency.
Environmental
1.12
The Consultants undertake to:
and
Social
Standards
(i)
comply and procure that their Sub-consultants, if any, comply with
international environmental and labour standards consistent with
applicable law and regulations in the country of implementation of the
Project, including the fundamental conventions of the International
Labour Organization (ILO) and international environmental treaties;
(ii)
Only one
Proposal
2. Clarification
Amendment of
Documents
1.13
Adopt any environmental and social risk mitigations measures as

defined in the environmental and social management plan or the notice
of environmental and social impact issued by the Client.
Short listed Consultants may only submit one proposal. If a Consultant

submits or participates in more than one proposal, such proposals shall be
disqualified. However, this does not limit the participation of the same
Sub-Consultant, including individual experts, to more than one proposal.
and 2.1
Consultants may request a clarification of any of the RFP
RFP
documents up to the number of days indicated in the Data Sheet before the
proposal submission date. Any request for clarification must be sent in writing,
or by standard electronic means to the Clients address indicated in the Data
Sheet. The Client will respond in writing, or by standard electronic means and
will send written copies of the response (including an explanation of the query
but without identifying the source of inquiry) to all Consultants who notified
the Client that they will submit a proposal.
2.2
At any time before the submission of Proposals, the Client either at

his initiative or in response to a request for clarifications may amend the RFP
by issuing an addendum in writing or by electronic means. The addendum shall
be sent to all Consultants and will be binding on them. Consultants shall
acknowledge receipt of all amendments. To give Consultants reasonable time
in which to take an amendment into account in their Proposals the Client may
extend the deadline for the submission of Proposals.

3. Preparation
Proposals
of 3.1
Technical Proposal
3.2
The Proposal (see Para. 1.2), as well as all related correspondence

exchanged by the Consultants and the Client, shall be written in the language
(s) specified in the Data Sheet.
In preparing their Technical Proposal, Consultants are expected to

examine in detail the documents comprising the RFP. Material deficiencies in
providing the information requested may result in rejection of a Proposal.
3.3 While preparing the Technical Proposal, Consultants must give particular
attention to the following:
(i) The estimated number of Professional staff-months or the budget for

executing the assignment shall be shown in the Data Sheet. However, the
Proposal shall be based on the number of Professional staff-months or
budget estimated by the Consultants. If the selection method is Selection
under Fixed-Budget, the available budget is given in the Data Sheet, and
the Financial Proposal shall not exceed this budget.
(ii)
It is desirable that the majority of the key professional staff proposed

be permanent employees of the firm or has an extended and stable working
relationship with it.
(iii) Proposed professional staff must, at a minimum, have the experience

indicated in the Data Sheet, preferably working under conditions similar to
those prevailing in the country of the assignment.
(iv) Alternative professional staff shall not be proposed, and only one
curriculum vitae (CV) may be submitted for each position.
Language
(v)
Documents to be provided by the Consultants to the Client as part of

this assignment must be in the language(s) specified in the Data Sheet. It is
desirable that the firms Personnel have a working knowledge of the Clients
national language.
Technical Proposal 3.4 The Technical Proposal shall provide the following information using the
Format
and
attached Standard Forms (Section 3):
Content
(i) A description of the methodology and work plan for performing the
assignment on the following aspects: technical approach and
methodology, work plan, organization and staffing (Section 3B). The work
plan should be consistent with the time schedule (Section 3F) which shall
indicate as a bar chart the calendar of each activity. Such description
should not exceed 10 pages, including graphs, bar chart, comments and
suggestions on terms of reference, if any.
(ii) The list of the proposed staff team by specialty, the tasks that would be
assigned to each staff team member, and their timing (Section 3C).
(iii) CVs recently signed by the proposed professional staff and the authorized
representative submitting the proposal (Section 3D). 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.
(iv) 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
(Sections 3E).
(v) A detailed description of the proposed methodology, staffing, and
monitoring of training, if the Data Sheet specifies training as a major
component of the assignment.
(vi) The schedule of activities (Section 3F).
3.5
Financial Proposals
The Technical Proposal shall not include any financial information.
3.6
The Financial Proposal should follow Standard Forms (Section 4). It

lists all costs associated with the assignment as a lump sum.
3.7
The Financial Proposal should clearly estimate, as a separate

amount, the taxes (including social security), duties, fees, levies, and other
charges imposed in the Clients country under the applicable law, on the
consultants, the sub-consultants, and their personnel (other than nationals or
permanent residents of the Clients country).
3.8
Consultants may express the price of their services in the currency

(ies) designated in the Data Sheet.
3.9
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 (Section 4A).
3.10
The Data Sheet indicates how long the proposals must remain valid
after the submission date. During this period, the consultant is expected to
keep available the professional staff proposed for the assignment. The Client
will make its best effort to complete negotiations within this period. If the
Client wishes to extend the validity period of the proposals, the consultants
who do not agree have the right not to extend the validity of their proposals.
4. Submission,
Receipt,
Opening
Proposals
4.1
The original proposal (Technical Proposal and Financial Proposal)

shall be prepared in indelible ink. It shall contain no interlineations or
overwriting, except as necessary to correct errors made by the Consultants
themselves. The person who signed the proposal must initial such corrections.
Submission letters for both Technical and Financial Proposals should
respectively be in the format of Section 3, and Section 4 respectively.
4.2
An authorized representative of the Consultants shall initial all

pages of the original Technical and Financial Proposals. The authorization shall
be in the form of a written power of attorney accompanying the Proposal or in
any other form demonstrating that the representative has been dully
authorized to sign.
and
of
4.3 The number of copies of the Proposals is indicated in the Data Sheet. The
Technical and Financial Proposals shall be marked Original or Copy as
appropriate. If there are discrepancies between the original and the copies of
the Proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be placed in a sealed
envelope clearly marked Technical Proposal. Similarly, the original and all
copies of the Financial Proposal shall be placed in a sealed envelope clearly
marked Financial Proposal followed by the name of the assignment, and with
a warning Do Not Open With The Technical Proposal. The envelopes
containing the Technical and Financial Proposals shall be placed into an outer
envelope and sealed. This outer envelope shall bear the submission address,
the data indicated in the Data Sheet, and be clearly marked Do Not Open,
Except In Proposal Opening Ceremony, in the PRESENCE OF THE OFFICIAL
APPOINTED].
4.5
The Proposals must be sent to the address/addresses indicated in

the Data Sheet and received by the Client no later than the time and the date
indicated in the Data Sheet. Any proposal received by the Client after the
deadline for submission shall be returned unopened.
4.6
5. Proposal
Evaluation
The Client shall open the Technical Proposal immediately after the
deadline for their submission. The envelopes with the Financial Proposal shall
remain sealed and securely stored.
5.1 From the time the Proposals are opened to the time the Contract is awarded,
Consultants who wish to contact the Client on any matter related to its
Proposal should do so in writing only at the address indicated in the Data
Sheet. Any effort by Consultants to influence the Client in the examination,
evaluation, ranking of Proposals, and recommendation for award of Contract
may result in the rejection of the Consultants Proposal.
5.2 Evaluators of Technical Proposals shall have no access to the Financial
Proposals until the technical evaluation is concluded, and the Agency issues its
no objection if required.
Evaluation
of 5.3
Technical Proposals
Public Opening and

Evaluation
of
Financial Proposals
(only for QCBS, FBS,
and LCS)
The evaluation committee appointed by the Client shall evaluate the

Technical Proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria, sub-criteria, and point system
specified in the Data Sheet. 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 Data Sheet.
5.4 After the technical evaluation is completed the Client shall inform the
Consultants who have submitted proposals the technical scores obtained by
their Technical Proposals, and shall notify those Consultants whose Proposals
did not meet the minimum qualifying mark or were considered non responsive
to the RFP and TOR, that their Financial Proposals will be returned unopened
after completing the selection process. The Client shall simultaneously notify in
writing Consultants that have secured the minimum qualifying mark, the date,
time and location for opening the Financial Proposals. The opening date should
allow Consultants sufficient time to make arrangements for attending the
opening. Consultants attendance at the opening of Financial Proposals is
optional.
5.5
Financial Proposals shall be opened publicly in the presence of the

Consultants representatives who choose to attend. The name of the
Consultants, the technical scores, and the total prices shall be read aloud and
recorded in minutes. Copy of the minutes shall be sent to all Consultants and
the Agency.
5.6
The Evaluation Committee will verify that the Financial Proposal is

fully complete, (i.e. that all items of the Technical Proposal have been costed,
failing which the Client will estimate the missing cost and add the estimate to
the offered price), and correct any computational errors. Prices shall be
converted to a single currency using the selling rates of exchange, source and
date indicated in the Data Sheet. The evaluation shall exclude those taxes,
duties, fees, levies, and other charges imposed under the applicable law; and
to be applied to foreign and non-permanent resident consultants (and to be
paid under the contract, unless the consultant is exempted), and estimated as
per para. 3.7.
6. Negotiations
In case of SBQC, the lowest evaluated Financial Proposal (Fm) will be

given the maximum financial score (Sf) of 100 points. The financial scores (Sf)
of the other Financial Proposals will be computed as indicated in the Data
Sheet. Proposals will be ranked according to their combined 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 = 1) indicated in
the Data Sheet: S = St x T% + Sf x P%. The firm achieving the highest combined
technical and financial score will be invited for negotiations.
5.8
In the case of Fixed-Budget Selection, the Client will select the firm
that submitted the highest ranked Technical Proposal within the budget.
Proposals that exceed the indicated budget will be rejected. In the case of the
Least-Cost Selection, the Client will select the lowest proposal among those
that passed the minimum technical score. In both cases the selected firm is
invited for negotiations.
6.1 Negotiations will be held at the address indicated in the Data Sheet.
Technical
negotiations
Availability
Professional
staff/experts
5.7
a. Negotiations will include a discussion of the Technical Proposal, the

proposed technical approach and methodology, work plan, and
organization and staffing, and any suggestions made by the Consultant to
improve the Terms of Reference. The Client and the Consultants will
finalize the Terms of Reference, staffing schedule, work schedule, logistics,
and reporting. These documents will then be incorporated in the Contract
as Description of Services.
of
b. The financial negotiations will include a clarification (if any) of the firms
tax liability in the Clients country, and the manner in which it will be
reflected in the Contract.
c.
Having selected the Consultant on the basis of, among other things,
an evaluation of proposed Professional staff, the Client expects to
negotiate a Contract on the basis of the Professional staff named in the
Proposal. Before contract negotiations, the Client will require assurances
that the Professional staff 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 for reasons such as death or medical incapacity. If this is
not the case and if it is established that Professional staff were offered in
the proposal without confirming their availability, the Consultant may be

disqualified.
Conclusion of the
negotiations
7. Award of Contract
8. Confidentiality
d. Negotiations will conclude with a review of the draft Contract. To

complete negotiations the Client and the Consultant will initial the agreed
Contract. If negotiations fail, the Client will invite the Consultant whose
Proposal received the second highest score to negotiate a Contract.
7.1
After completing negotiations the Client shall award the Contract to

the selected Consultant, and promptly notify all Consultants who have
submitted proposals. After Contract signature, the Client shall return the
unopened Financial Proposals to the Consultants whose technical proposal
did not obtain the specified minimum technical score.
7.2
The Consultant is expected to commence the assignment on the

date and at the location specified in the Data Sheet.
8.1
Information 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 notification of the award of Contract.
18
DATA SHEET
Instructions to Consultants
Paragraph
Reference
1.1
Description
1.
2.
3.
4.
1.2
Name of the Client: City of Kisumu

The number of the Invitation for Bids is: CCK/KUP/RFP/1/2014/061
The name of the BID is: Organizing Ward Citizens Fora and Establishment of
Project Monitoring Committees (PMCs).
Method of selection: Quality and Cost Based Selection (QCBS)
Consultants mean firms or NGO.

The designation, objectives and brief description of the assignment are as follows:
1. Develop a comprehensive strategy and work-plan for the assignment.
2. Hold two planning meetings with Technical Assistance Team (TAT), CoK and
County departmental staff, KUP consultants like the media consultant and
key partners to share the strategy, concretise key messages, and allocate
and synchronise roles to be played by all the key stakeholders and partners
including the TAT, CoK staff, County Government staff, KUP Consultants
and partner agencies in government, civil society and business community
including the informal sector.
3. Acquire, provide and pay for equipment, services, supplies and licences,
including:
a. Venues, chairs, tables and P.A. equipment
b. Grassroots mobilizers, facilitators and rapporteurs
c. Notification of Police of the proposed events
4. Organise and hold a Citywide Leaders Consultative Forum of at least 200
participants - drawn from the CoK, County and partner agencies from
government, civil society, private sector and informal sector - to share the
concept and action plan, to map out the grassroots stakeholders and
synchronise roles to be played by each agency in mobilization and
facilitation of the Ward Citizens Forum, including election and capacity
building of the Project Monitoring Committees.
5. Mobilise, through the participants in item (4) above and experienced
grassroots mobilizers, at least 200 grassroots community leaders in each of
the 17 wards including representatives of women, youth and people living
with disabilities - to attend the Ward Citizens Forum. Representatives of all
the existing community groups in the ward, as stated in Section 2 above
(Justification), will also be mobilised to attend and participate.
6. Hold 17 ward Citizens Fora and ensure effective facilitation and moderation
of participatory deliberations during the fora which must include the
following activities:
19
a. Introductions and climate setting, including consensus building on
7.
8.
objectives and participants expectations.

b. Downloading ISUD-Plan and KUPs background information,
objectives, list of projects and progress of implementation.
c. Opportunities for grassroots community participation in:
i. Participatory designs of the projects that have not started.
ii. Participatory monitoring of the implementation of the
projects.
iii. Supply of locally available goods and services, including
labour for works.
iv. Establishment of post-construction management and
sustainability frameworks.
d. Development of criteria and facilitation of participatory, inclusive,
transparent, and democratic nomination of nine (9) members of
the Project Monitoring Committees (PMCs) at each of the 17 Ward
Citizens Fora; which PMCs must be representative of the diversity
of stakeholdership in the ward, including women, youth and people
living with disability.
Carry out three trainings sessions for members of the PMCs clustered into
Kisumu East, Kisumu West and Kisumu Central constituencies, on
participatory project design, monitoring and evaluation in line with Public
Procurement and Disposal Act. The participants will be expected to come
out with a work-plan for further sensitization of the public and monitoring
and evaluation of KUP projects.
Carry out a comprehensive and participatory monitoring and post-events
evaluation of the assignment to determine efficiency and effectiveness of
the activities in achieving the goals of communication and community
participation. This will include
a. Design and administration of questionnaires to test knowledge and
opinion of the public in pre-event and post event periods for each
activity.
b. Observation and taking of notes on the emerging issues, including
operational and content matters.
c. Analysis of the feedback on the above events and production of
activity report.
d. Hold three regular monitoring meetings with representatives of
CoK and the TAT during the implementation of the activities, and
one final evaluation meeting at the end of the period to review the
process and impact of the project and produce reports thereof for
sharing with the stakeholders.
1.3
The Client will provide the following inputs and facilities: as provided in the Terms
of Reference or as may otherwise be requested and agreed
2.1
Clarifications may be requested not later than 7 days before the submission date.
20
The address for requesting clarifications is: City of Kisumu, P. O. Box 105, 40100
Kisumu, Kenya, Email: townclerk_kisumu@yahoo.com
3.1
Proposals shall be submitted in the following language: English
4.1
The estimated duration of the assignment should not exceed sixty (60) days from
the date of commencement
5.1
The estimated duration of the assignment should be 20 working days within a

period of one month, apart from the six months maintenance and technical
backstopping
6.1
The minimum required experience of proposed professional staff is:

as provided in the terms of reference
See also evaluation grid in 5.2 below.
7.1
Reports that are part of the assignment must be written in the following
language(s): English
8.1
Consultants shall state their price component for cost incurred in the country of
the Client in the national currency of the Client.
Consultants who intend to incur cost in other currencies for the assignment may
state the corresponding price component in Euros.
9.1
Training is a component of this assignment: Yes
10.1
Proposals must remain valid for 120 days after the submission date.
11.1
Consultant must submit the original and four (4) copies of the Proposal.
12.1
The Proposal submission address is: Town Hall, City of Kisumu, P. O. Box 105,
40100 Kisumu, Kenya, Email: townclerk_kisumu@yahoo.com
Proposals must be submitted no later than the following date and time: 18th
February 2015 at 10:00a.m
13.1
The address for contacting the Client is: City Manager, City of Kisumu, P. O. Box
105, 40100 Kisumu, Kenya, Email: townclerk_kisumu@yahoo.com
14.1
Criteria, sub-criteria, and point system for the evaluation of Technical Proposals
are as follow as set in Technical evaluation
15.1
The single currency for price conversions is: Kenya Shillings
21
The source of official selling rates is: Central Bank of Kenya

The date of exchange rates is: date of opening of bids
16.1
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the
price of the proposal under consideration.
S = St x T% + Sf x P%.
The weights given to the Technical and Financial Proposals are:
T = 0.8, and
P = 0.2
17.1
Address for contract negotiations:

City of Kisumu, P. O. Box 105, 40100 Kisumu, Kenya, Email:
townclerk_kisumu@yahoo.com
18.1
Expected date and location for commencement of consulting services XXXX 2015
at the City of Kisumu
22
23
5.3. EVALUATION AND QUALIFICATION REQUIREMENTS CRITERIA
a). Mandatory Statutory and General Requirements
Sub-Factor
Criteria
Requirement
Bidder
Single
Joint Venture
Entity
All
Each
partners
partner
combined
Proof of
Payment of the
bid document
Must have
bought the
document
No of Bid
Documents
In addition to the
original bid, the
number of copies
is: Four
Technical
Submission Forms
Forms3A-3F,
Form ELI 1.1 ,
Form ELI 1.2
where applicable
Bidder Must be a
legally
constituted firm
according to the
laws of Kenya
Bidder MUST be
Tax Registered
and be Tax
Compliant
Must have an
active program in
Kisumu for after
sales support
Completeness
Registration
Tax Compliance
Physical
address
Bid Security
The Bidder shall

furnish as part of
its bid, a bid
security of 1% of
bid sum from a
reputable
commercial bank
Documentati
on Required
Must
meet
require
ment
Must
meet
require
ment
Must
meet
require
ment
N/A
N/A
Must
meet
requireme
nt
Must
meet
requireme
nt
N/A
At
least
one
partne
r
Must
meet
require
ment
N/A
N/A
N/A
Must meet
requirement
Must
meet
require
ment
N/A
Must
meet
requireme
nt
N/A
Certificate of
Incorporation
/ Registration
Must
meet
require
ment
Must
meet
require
ment
N/A
Must
meet
requireme
nt
N/A
N/A
Current Tax
Compliance
Certificate
Must
meet
require
ment
N/A
Must
meet
require
ment
Single
Business
Permit, utility
bills, lease
agreement
etc.
In original,
unconditional
bank
guarantee or
bankers
cheque and in
the amount
Must
meet
require
ment
N/A
Payment
receipt
Must meet
requirement
24
ONLY.
and currency
specified
Failure to comply with any of the above qualifications shall constitute sufficient ground for
rejection at this stage
b). Bidding Forms and Other Requirements
Sub-Factor Criteria
Requiremen Bidder
t
Single
Joint Venture
Entity
All
Each
partners
partner
combined
Bid
The Letter
Must meet Must meet N / A
Submissio
of Bid, shall requiremen requiremen
n Sheet
be prepared t
t
as per form
3A in
section 3,
and signed
by the
authorized
person only
Bidder
The bidder
Must meet Must meet N/A
Informatio is required
requiremen requiremen
n
to provide
t
t
all details in
the format
as specified
in the
respective
form
Joint
Bids
N/A
Must meet Must meet
Venture
submitted
requiremen requiremen
Document by a JV shall
t
t
s
include a
copy of the
Joint
Venture
Agreement
entered into
by all
partners.
Average
Minimum
Must meet Must meet Must meet
Annual
Average
requiremen requiremen Fifty
Turnover
annual
t
t
percent
turnover of
(50%) of
Documentatio
n Required
At least
one
partner
N/A
Letter of
Submission
N/A
Form ELI-1
N/A
Joint Venture
Agreement
and Form ELI-2
Must meet
Fifty
percent
(50%) of
Form FIN 2
with
attachments
of audited
25
KES
the
the
financial
1,000,000
requiremen requiremen reports for the
calculated
t
t
period
as total
certified
payments
received for
contracts in
progress or
completed,
within the
last three
(3) years
Failure to comply with any of the above qualifications shall constitute sufficient ground for
rejection at this stage
26
c) Technical Evaluation Stage
S/No
Parameter Measured
Max.
Points
Understanding of ToR and Proposed Technical Approach

1.1
1.2
2.1
2.2
Understanding of the Terms of Reference

Adequacy of the proposed technical approach and methodology,
and work plan in responding to the Terms of Reference:
Proposed Technical Approach and Methodology (10 points)
Work Plan (5 points)
Sub-Total 1
Qualification and experiences of key personnel
Team Leader
Bachelors University Degree in social science, especially in
social work, education, political science or other relevant
discipline (4points)
Minimum of five years of relevant work experience in leading
dynamic and results focused community level development
project.(4 points)
Demonstrated experience in social assessment and monitoring
and evaluation reporting and system. (4 points)
Demonstrated experience with and ability to supervise,
motivate work teams.(4 points)
Demonstrated good communication and interpersonal skills.(4
points)
Demonstrated strong organizational and team working skills. (4
points)
Demonstrated good cultural awareness and sensitivity,
especially with regard to Kisumu.
(4 points)
Demonstrated knowledge of construction contracts and
building-site management and monitoring procedures.(4
points)
Demonstrated knowledge of construction management and
monitoring processes especially regarding infrastructure works,
and civil works (4 points)
Community Mobilization Expert
Bachelors University Degree in social science, especially in
social work, education, political science or other relevant
discipline. (4 points)
10
15
25
36
24
27
Demonstrated experience in stakeholder mapping, mobilization
and organization.(4 points)
Demonstrated skills and experience in participatory facilitation,
moderation of grassroots community fora.(4 points)
Demonstrated skills and experience in development of
community level structures, including training in governance
and participatory monitoring and evaluation of urban
infrastructural projects.(4 points)
Demonstrated experience in working with grassroots
community in Kisumu city, particularly with the marginalised
groups such as youth, women and people with disability. (4
points)
Demonstrated knowledge of duty station cultures and
languages (Kiswahili, Dholuo and English).
(4 points)
2.3
Gender Expert:
Bachelors University Degree in social science especially gender
studies, or relevant discipline (4 points)
Demonstrated substantial experience in design, implementation,
monitoring and evaluation of gender mainstreaming projects. (4
points)
Demonstrated experience in engendering participatory
processes on urban infrastructure development. (4 points)
Demonstrated knowledge of, and working experience with, duty
station cultures and languages (Kiswahili, Dholuo and English).(3
points)
Sub-Total 2
Grand Total
Total points for the criteria: 100points
The minimum technical score St required to pass: 70
15
75
100
Note: the ToR list also non-key experts, these experts are not evaluated in this tender evaluation
process but must be provided with the right profile in the proposal
28
Section 3. Technical Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the short listed Consultants for the preparation of
their Technical Proposals; they should not appear on the Technical Proposals to be submitted.]
Refer to paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of pages
recommended.
3A
Technical Proposal Submission Form
3B
Description of the methodology and work plan de travail proposed for the mission by the
Consultant
3C
Team Composition and Task Assignments
3D
Curriculum Vitae (CV) for Proposed Professional Staff
3E
Staffing Schedule
3F
Work Schedule
Form ELI 1.1
Bidder Information Sheet
Form ELI 1.2
Party to JV Information Sheet
29
FORM 3A TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
To:
[Name and address of Client]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment]
in accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed
under a separate envelope.
If negotiations are held during the period of validity of the Proposal, i.e., before [insert date],
we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and
subject to the modifications resulting from Contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
30
FORM 3B
DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE

ASSIGNMENT
[Technical approach, methodology and work plan are key components of the Technical Proposal. You
are suggested to present your Technical Proposal (10 pages max, inclusive of charts and diagrams)
divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your understanding of
the objectives of the assignment, approach to the services, methodology for carrying out the activities
and obtaining the expected output, and the degree of detail of such output. You should highlight the
problems being addressed and their importance, and explain the technical approach you would adopt
to address them. You should also explain the methodologies you propose to adopt and highlight the
compatibility of those methodologies with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the
Client), and delivery dates of the reports. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR and ability to translate
them into a feasible working plan. A list of the final documents, including reports, drawings, and
tables to be delivered as final output, should be included here. The work plan should be consistent
with the Work Schedule of Form 3H.
c) Organization and Staffing. In this chapter you should propose the structure and composition of
your team. You should list the main disciplines of the assignment, the key expert responsible, and
proposed technical and support staff.]
31
FORM 3C TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Technical/Managerial Staff
Name
Position
Task
Position
Task
2. Support Staff
Name
32
FORM 3D
CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
Proposed Position:
Name of Firm:
Name of Staff:
Profession:
Date of Birth:
Years with Firm/Entity:
Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned:
Key Qualifications:
[Give an outline of staff members 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. Use about half a page.]
Education:
[Summarize college/university and other specialized education of staff member, giving names of
schools, dates attended, and degrees obtained. Use about one quarter of a page.]
33
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. For experience in last ten years, also give types of activities
performed and client references, where appropriate. Use about two pages.]
Languages:
[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and
writing.]
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe
me, my qualifications, and my experience.
[Signature of staff member and authorized representative of the firm]
Date:
Day/Month/Year
Full name of staff member: ______________________________________

Full name of authorized representative: ___________________________
FORM 3E STAFFING SCHEDULE1
Name
Position
Reports
Due/Activities
Months (in the Form of a Bar Chart)

1 2 3 4 5 6 7 8 9 10 11 12 Number of
Months
Subtotal (1)
Subtotal (2)
Subtotal (3)
Subtotal (4)
Full-time:
Reports Due:
Activities Duration:
Part-time:
Signature:
(Authorized representative)
Full Name:
Title:
Address:
35
3F. 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
2.
Interim Progress Report

(a)
First Status
Report
(b)
Second Status
Report
3.
Draft Report
4.
Final Report
36
Form ELI 1.1

Bidder Information Sheet
Date: ______________________
ICB No.: ___________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidders Legal Name
2. In case of JV, legal name of each party:
3. Bidders actual or intended Country of Registration:
4. Bidders Year of Registration:
5. Bidders Legal Address in Country of Registration:
6. Bidders Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITC

Sub-Clauses 4.1 and 4.2.
In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in

accordance with ITC Sub-Clauses 4.1 and 11.1(i) Single Stage Bidding.
In case of government owned entity, documents establishing legal and financial autonomy and
compliance with the principles of commercial law, in accordance with ITC Sub-Clause 4.6.
37
Form ELI 1.2
Party to JV Information Sheet
Date: ______________________
ICB No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
1. Bidders Legal Name:
2. JVs Party legal name:
3. JVs Party Country of Registration:
4. JVs Party Year of Registration:
5. JVs Party Legal Address in Country of Registration:
6. JVs Party Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Incorporation or Registration of firm named in 1, above, in accordance with ITC SubClauses 4.1 and 4.2.
In case of government owned entity, documents establishing legal and financial autonomy and
compliance with the principles of commercial law, in accordance with ITC Sub-Clause 4.6.
Section 4. Financial Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the short listed Consultants for the preparation of
their Financial Proposals; they should not appear on the Financial Proposals to be submitted.]
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under Para. 3.6 of Section 2. Such Forms are to be used
whichever is the selection method indicated in Para. 4 of the Letter of Invitation.
[The Appendix Financial Negotiations - Breakdown of Remuneration Rates is to be only used for
financial negotiations when Quality-Based Selection method is adopted, according to the indications
provided under Para. 6.3 of Section 2.]
4A.
Financial Proposal submission form.
4B.
Summary of costs.
4C.
Breakdown of price per activity.
4D.
Breakdown of remuneration
4A. FINANCIAL PROPOSAL SUBMISSION FORM

[Location, 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 (Technical and Financial
Proposals). Our attached Financial Proposal is for the sum of [Amount in words and figures]. This
amount is exclusive of the local taxes, which we have estimated at [Amount(s) in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date].
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
4B. SUMMARY OF COSTS

Currency(ies)1
Costs
Amount(s)
Subtotal
Local Taxes
Total Amount of Financial Proposal
______________________
Local currency and Euros.
4C. BREAKDOWN OF PRICE PER ACTIVITY
Activity
No.:____________________
Price Component
Activity
Description:_____________________
No.:_____________________
Currency(ies)
Amount(s)
Remuneration
Reimbursable
Miscellaneous Expenses
Subtotal
____________________________
4D. BREAKDOWN OF REMUNERATION

Activity
No._____________________________________
Names
Position
Input
Name:______________________________
Remuneration
Currency(ies) Rate
Amount
Regular staff
Local staff
Consultants
Grand Total
___________________
Staff months, days, or hours as appropriate.
43
Section 5. Terms of Reference
1. Background of the Project

The Republic of Kenya has obtained a credit from the Agence Franaise de Dveloppement (AFD) for
implementing the Kisumu Urban Project (KUP) and intends to apply part of the proceeds to recruit a
Civil Society Organization (CSO) to mobilise grassroots stakeholders and organise 17 ward level
stakeholders consultative fora and to establish and build capacity KUP Project Monitoring
Committees.
1.1
About the Kisumu Urban Project
The Kisumu Urban Project (KUP) is a four year pilot urban development project being implemented
by the City of Kisumu and financially supported by the Agence Franaise de Dveloppement (AFD) to
the tune of 40 million Euros. KUPs main objective is to enhance living conditions of Kisumus
population by introducing a comprehensive urban programme. Key activities include strengthening
local capacity (financial, technical and political) and supporting investments (solid waste
management, slum upgrading, commercial facilities and other public infrastructure and facilities).
The project encompasses a global vision for the citys development and the City management
system, through a multi-sectoral approach to the citys development and a crosscutting approach to
the City functions and activities. KUP was conceived as a pilot project to inform broader multi-donor
supported programs, such as the Kenya Municipal Program (KMP).
1.2
The City of Kisumu in Context
Devolution has presented a unique opportunity for Kisumu to re-engineer her city development
approaches to create a highly competitive city able to stimulate vibrant County development. The
County inherits a city with some burden of unfulfilled urban promises with ever-growing demands on
basic needs such as appropriate housing, water and sanitation services to more complex systemic
issues such as transportation, trade and commerce. The city land area is also dominated by freehold
ownership predisposing it to an aggressive private sector development influence.
Unlike Nairobi and Mombasa that are City Counties sharing physical boundaries, Kisumu County
expands beyond the city boundaries and hence has the benefit of additional specialized production
nodes3 with the city poised as the central node and pulse of the economy (see figure below). These
productive nodes define the economic features of the County, predicated mainly on the present
form and profile of predominant economic activities.
Within this development prospect, investing in strengthening productivity of these predominant
activities provides the trigger required to germinate a vibrant and balanced County economy that
3
These are based on a generalized profile of the existing predominant economic features.
increases the competiveness of the County as a whole. The city economy remains the anchor of the
county carrying mixed specializations, connecting the County to national and regional commerce and
trade. As the capital of the County, immediate focus should be on creating conditions that would
make the city the choice destination for investment in the Lake Victoria Region.
Kisumu city serves as the administrative, business, commercial and industrial confluence as well as
the main international gateway through air, rail and water transport to the entire western region of
Kenya. The global status of Kisumu as a Millennium city 4 has further brought with it international
attention that if well harnessed bear the potential of elevating the city to global competitiveness
with the attendant benefits.
In addition, Kisumu city hosts a number of regional bodies including the Lake Victoria Basin
Commission (LVBC), an organ of EAC tasked with the mandate of overseeing development of the
Lake Region. The Lake Victoria region has been declared by the EAC as an economic growth zone.
1.3
The Integrated Strategic Urban Development Plan
The basic necessities and the importance of the city as an engine of growth for the region therefore
informed KUPs investment in a planning process for the Kisumu City development; the Integrated
Strategic Urban Development (ISUD) plan, whose draft has been subjected to the statutory 60 days
period of public review and comments. The ISUD-Plan is being prepared primarily for the use of the
city planning authority and the County Government of Kisumu. It is a holistic and practical document
including essential baseline data; the Plan itself; a Capital Investment Strategy and; implementation
guidelines and recommendations. It is organized in four parts:
Part 1, Understanding Kisumu
Part 2, Planning for Kisumu Future
Part 3, Capital Investment Strategy
Part 4, Implementing the ISUD-Plan
Even as ISUD is being crafted as a long term development plan for the city, the rest of the KUP
components were designed as a quick win, a four years pilot urban development project to enhance
living conditions of Kisumus population by strengthening the local capacity (financial, technical and
political) and supporting investments (solid waste management, slum upgrading, commercial
facilities and other public infrastructure and facilities).
1.4
Participation of Stakeholders
Key stakeholders in Kisumu are well aware of their role to improve competitiveness of the city. In
this context, the Kisumu City Multisectoral Leaders Forum convened on 3rd September 2013
4
Kisumu was declared a Millennium city in 2006 granting it a comparable portfolio to 11 other millennium cities in the world .
acknowledged that the Constitution of Kenya 2010 (CoK, 2010), while embracing devolution, makes a
bold statement on people centered development with a host of fundamental rights and freedoms
as carried in Chapter 4 and 11 respectively. Through the KUP Communication and Community
participation strategies, the CoK sets the stage for participatory urban governance through Articles
174, 176 and 184, by enshrining the principle of devolution to the lowest level possible so as to
recognize the right of communities to manage their own affairs and by allowing a third level of
governance; at Urban/Cities level within the County Government structure.
Corresponding to this, the leaders forum referred to above noted that various Acts of Parliament
such as the Transition to Devolved Government Act (2012), County Government Act (2012) and the
Urban Areas and Cities Act (2011) set suitable criteria for popular participation in the County and City
affairs. It further recognized that the actual transformation of the constitutional rights into effective
service provision and governance procedures is done in subsidiary legislation and in practical
arrangements and routines.
The participation of the people in the determination of the design and implementation of KUP and
other urban development plans in the County Integrated Development Plan (CIDP) is therefore in
conformity with the various provisions of devolution Acts of Parliament, as well as the national urban
development policy.
2. Justification
Projects in the five components of KUP are at different levels of implementation, stages at which the
law and proper project management practice demand effective communication with stakeholders
and participation of the community. Lack of sufficient information on KUP in the public has led to
several false rumours, which are robbing the project of public goodwill and support. There is a risk
that unless key messages on the KUP goals, individual projects, processes and participation activities
are delivered, the growing misinformation may result in resistance to the project and conflict
amongst stakeholders of projects competing for control and benefits.
Kisumu Urban Project and other urban development initiatives form part of the core projects listed in
the County Integrated Development Plan (CIDP). County Government Act Part VIII obligates the
county government to ensure citizen participation in the CIDP process.
Whilst a level of representative participation will be achieved through stakeholders fora at the city
levels, the poor organization of citizenry at the grassroots level militates against the access to such
platforms by the ordinary citizens, and/ or their real representatives. The groups that are not
accessed using conventional methods citywide consultative fora include marginalised groups such as
women, youth and disabled, who may not find space within the leadership of organised structures
that attend such city level fora, whilst they are amongst the primary target groups for interventions
by KUP, other urban development processes and even the CIDP as a whole.
In the instances where some level of organization exist at the community level, most of these
structures are not only weak, but also sectarian, not all inclusive and at time in conflict with each
other. For instance, elected leaders have established structures which mostly comprise their
supporters. This is despite the fact that there were structures, albeit weak, established in the former
CoK through the LASDAP process. The former provincial administration, now a structure of the
national government at county level, also has structures managed by the assistant chief and village
elders. These structures have over the years been considered coercive and non participatory. A
number of NGOs, e.g. Plan International, World Vision, Practical Action, Sana International,
Millennium Cities Initiative, Urban Matters, and other indigenous civil society organizations like
Nyanza Youth Coalition, Youth Alive Kenya, and Lake Victoria Youth Initiative have also established
sectarian structures at community level targeting only their areas of interest.
The best way to tackle insufficient representation at the city level and to resolve the confusion,
duplicity and conflict that the above scenario presents of several weak and sectarian structures
present at the community level, is through mobilization and organization of the entire community
(including the existing structures) to establish all inclusive platforms at the community levels. Such
fora will be accessible to leaders and members of both organised and unorganised fora at the
grassroots levels, inclusive of those within the current structures.
It is noteworthy that, while the Constitution and the Statutes referred to in section 1.4 above provide
for establishment of Citizens Fora at all administrative levels, Kisumu County is yet to implement
this. The County Government has therefore expressed a desire to be supported by KUP to establish
such structures, at least within the city boundaries, so as to achieve not only KUP objectives, but also
the objects of the law as stated above. The structures will continue to be used by the CoK and the
County Government in attainment of the Community Participation objectives for all development
initiatives. The lesson learnt in this process will inform replication of such structures in the rest of the
County.
The inaugural one day sessions of the fora will enable participants to discuss aspects of KUP projects
as they relate to the overall urban development agenda of the County. They will also be facilitated to
democratically establish inclusive Project Monitoring Committees (PMCs) that will continuously
mobilise, organise and encourage the entire community regardless of gender, age or socio-economic
status to provide opinions, participate in making decisions and assist in the implementation of KUP
projects in the ward. The PMCs will provide community advice to the CoK and KUP TAT about
community concerns and interests on the projects being implemented by KUP within their respective
areas of focus. The PMCs will also continuously mobilise, organise and encourage the entire
community regardless of gender, age or socio-economic status to provide opinions, participate in
making decisions and assist in the implementation of KUP and other urbanization programmes within
the wards. For successful execution of their roles and responsibilities, CoK intends to build capacity of
the PMCs on participation in urban development, particularly in monitoring and evaluation of
infrastructural projects and implementation of development plans like ISUD, CIDP, local area
development plans and master plans.
The Department of Social Services and Gender (DSSG) which is mandated to deliver on community
participation on all CoK programmes, including KUP, lacks basic communication and other material
and financial resources to support this mandate. The department also has the challenge of
inadequate number of skilled and experienced personnel to match its broad mandate. These,
together with the fact that the thin personnel base of the department has to spread out to deliver all
the other CoK and some County Government programmes, renders it incapable of implementing this
project alone in the fast changing KUP environment.
In this context, CoK intends to procure the services of a CSO with capacity and experience in
community mobilization: (i) mobilise grassroots stakeholders and hold 17 Ward Citizens Fora, and (ii)
democratically establish and build capacity of PMCs and create networking amongst them for peer
review and learning.
3. Objective
The objective of this assignment is to promote participation of grassroots stakeholders in
management of KUP and other urbanization programmes through establishment and sensitization of
Ward Citizens Fora and Project Monitoring Committees in the 17 wards of Kisumu city.
4. Scope of Work
1.
Develop a comprehensive strategy and work-plan for the assignment.
2.
Hold two planning meetings with Technical Assistance Team (TAT), CoK and County
departmental staff, KUP consultants like the media consultant and key partners to share the
strategy, concretise key messages, and allocate and synchronise roles to be played by all the
key stakeholders and partners including the TAT, CoK staff, County Government staff, KUP
Consultants and partner agencies in government, civil society and business community
including the informal sector.
3.
Acquire, provide and pay for equipment, services, supplies and licences, including:
a. Venues, chairs, tables and P.A. equipment
b. Grassroots mobilizers, facilitators and rapporteurs
c. Notification of Police of the proposed events
4.
Organise and hold a Citywide Leaders Consultative Forum of at least 200 participants drawn from the CoK, County and partner agencies from government, civil society, private
sector and informal sector - to share the concept and action plan, to map out the grassroots
stakeholders and synchronise roles to be played by each agency in mobilization and
facilitation of the Ward Citizens Forum, including election and capacity building of the Project
Monitoring Committees.
5.
Mobilise, through the participants in item (4) above and experienced grassroots mobilizers,
at least 200 grassroots community leaders in each of the 17 wards including
representatives of women, youth and people living with disabilities - to attend the Ward
Citizens Forum. Representatives of all the existing community groups in the ward, as stated
in Section 2 above (Justification), will also be mobilised to attend and participate.
6.
Hold 17 ward Citizens Fora and ensure effective facilitation and moderation of participatory
deliberations during the fora which must include the following activities:
a. Introductions and climate setting, including consensus building on objectives and
participants expectations.
b. Downloading ISUD-Plan and KUPs background information, objectives, list of
projects and progress of implementation.
c. Opportunities for grassroots community participation in:
i. Participatory designs of the projects that have not started.
ii. Participatory monitoring of the implementation of the projects.
iii. Supply of locally available goods and services, including labour for works.
iv. Establishment
frameworks.
of
post-construction
management
and
sustainability
d. Development of criteria and facilitation of participatory, inclusive, transparent, and

democratic nomination of nine (9) members of the Project Monitoring Committees
(PMCs) at each of the 17 Ward Citizens Fora; which PMCs must be representative of
the diversity of stakeholdership in the ward, including women, youth and people
living with disability.
7.
Carry out three trainings sessions for members of the PMCs clustered into Kisumu East,
Kisumu West and Kisumu Central constituencies, on participatory project design, monitoring
and evaluation. The participants will be expected to come out with a work-plan for further
sensitization of the public and monitoring and evaluation of KUP projects.
8.
Carry out a comprehensive and participatory monitoring and post-events evaluation of the
assignment to determine efficiency and effectiveness of the activities in achieving the goals
of communication and community participation. This will include
a. Design and administration of questionnaires to test knowledge and opinion of the

public in pre-event and post event periods for each activity.
b. Observation and taking of notes on the emerging issues, including operational and
content matters.
c. Analysis of the feedback on the above events and production of activity report.
d. Hold three regular monitoring meetings with representatives of CoK and the TAT
during the implementation of the activities, and one final evaluation meeting at the
end of the period to review the process and impact of the project and produce
reports thereof for sharing with the stakeholders.
5. Duration of the Assignment

It is anticipated that the actual activities will run for 42 working days over a period of nine (9) weeks.
The CSO will be expected to submit a proposal making provision for the numbers of days required in
planning, execution and evaluation of the event, including report production and presentations.
The tentative schedule of the assignment is as follows:
Weeks
Development of strategy, preliminary
planning, mobilization & procurement of
equipment and services
City Citizens Forum
Actual Ward Citizens Forum Activities
Planning and implementation of training for
PMCs
Weekly monitoring meetings, evaluation and
report production and submission
Total
0
0
0
1
0
4
0
3
0
4
0
4
0
1
0
0
10
42
Days
11
1
17
6. Outputs
1.
An inception report within 14 days of signing of the contract together with a proposed work-plan
indicating the number of days required and the personnel to be deployed.
2.
A final report on the process of planning, implementation and monitoring and evaluation of all
the activities, including:
i.
Number and issues addressed during planning.
ii.
List of participants with details of gender and telephone and contacts.
iii.
Process of event implementation, including a summary of emerging issues and messages

disseminated.
iv.
Summary analysis of pre and post event survey on the level of knowledge and
perceptions of participants.
v.
Summary of lessons learnt and recommendation for future improvement in planning and
execution of such events.
vi.
Documentary evidence of the process, including: video recording on DVD (raw version
and edited version), CD recordings of photos.
7. Required Skills & Experience

8. Selection Criteria
The assignment will call for a CSO bringing together the following expertise:
1) Team Leader
i.
Bachelors University Degree in social science, especially in social work, education,

political science or other relevant discipline
ii.
Minimum of five years of relevant work experience in leading dynamic and results
focused community level development project.
iii.
Demonstrated experience in social assessment and monitoring and evaluation reporting

and systems.
iv.
Demonstrated experience with and ability to supervise, motivate work teams.
v.
Demonstrated good communication and interpersonal skills.
vi.
Demonstrated strong organizational and team working skills.
vii.
Demonstrated good cultural awareness and sensitivity, especially with regard to Kisumu.
viii.
Demonstrated knowledge of construction contracts and building-site management and

monitoring procedures.
ix.
Demonstrated knowledge of construction management and monitoring processes

especially regarding infrastructure works, and civil works.
2) Community Mobilization Expert

i.
Bachelors University Degree in social science, especially in social work, education,

political science or other relevant discipline.
ii.
Demonstrated experience in stakeholder mapping, mobilization and organization.
iii.
Demonstrated skills and experience in participatory facilitation, moderation of grassroots

community fora.
iv.
Demonstrated skills and experience in development of community level structures,

including training in governance and participatory monitoring and evaluation of urban
infrastructural projects.
v.
Demonstrated experience in working with grassroots community in Kisumu city,

particularly with the marginalised groups such as youth, women and people with
disability
vi.
Demonstrated knowledge of duty station cultures and languages (Kiswahili, Dholuo and
English).
3) Gender Expert:
i.
Bachelors University Degree in social science especially gender studies, or relevant

discipline
ii.
Demonstrated substantial experience in design, implementation, monitoring and

evaluation of gender mainstreaming projects.
iii.
Demonstrated experience
infrastructure development
iv.
Demonstrated knowledge of, and working experience with, duty station cultures and
languages (Kiswahili, Dholuo and English).
in
engendering
participatory
processes
on
urban
The CSO will be selected using the Quality and Cost Based Selection Method, and the evaluation will
take into account technical factors as well as cost factors in accordance with Public Procurement and
Disposal Act 2005, the regulations and terms and condition set out in the bidding documents.
9. Preparation of Financial Proposals

The CSO is expected to make a proposal of the financial cost of the assignment and outline a
schedule of payment of the contractual sum based on delivery of each of the outputs outlined above.
The financial proposal will be structured as follows:
.Activities
Units
Development of strategy
Unit
Cost(Kes)
Total (Kes)
Preliminary planning process including holding 1

planning meetings, stakeholders mapping and
participants mobilization
Organizing and facilitation of 1 City Citizens Forum 18
and 17 Ward Citizens For a
Organizing and facilitating
workshops for the PMCs
Monitoring and evaluation
cluster
training
All costs related to organising the different events involving the public must be included in the
proposal (e.g. venue hire, tent hire, chair hire, PA system hire etc.).
10. Indicative Schedule of Payment

Payments will be based on satisfactory delivery of the outlined outputs/ milestones as indicated
below:
Delivery at every milestone
Submission of an acceptable inception report and a comprehensive

strategy
Units
Total part payment

as a %tage of
contractual sum
20%
Submission of an acceptable progress report on successful

competition of the city citizens forum and all the 17 ward citizen
forums
50%
Submission of acceptable final assignment report on successful

completion of the assignment, plus all the other deliverables
30%
Total
100%
11. Facilities to be provided by Client

The Client will provide policy and relevant project documents as agreed upon in the contract. All
records and files provided to the CSO during the course of the assignment will be handed over to the
City Manager before the end of the contract period. The client will also provide the CSO with IEC
materials to be distributed to citizens during the activities.
12. Facilities to be provided by the CSO

The CSO will be responsible for (and shall include in its financial proposal) their office
accommodation, office equipment and furniture and all operational expenses, including supplies
(stationery, fuels and oils, general services and consumables, etc.) as well as travel required for
purposes of carrying out the assignment. Any computers and peripherals, instruments/meters, office
equipment, vehicles, and furniture brought on site for purpose of this assignment will be the CSOs
property, even after the expiration of the assignment.
Section 6. Model Form of Contract
CONTRACT
THIS CONTRACT (Contract) is entered into this day of May by and between City of
Kisumu (the Client) having its principal place of business at City Hall, P.O Box 105-40100, Kisumu
City on the one hand and (the Consultant) having its principal office located at
.
WHEREAS
(a)
The Client wishes to have the Consultant perform the services hereinafter referred to
.
(b)
The Consultant is willing to perform these services, (hereinafter called the Services);
(c)
The Consultant, having presented to the Client that they have 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;
(d)
The Client has received funds from the French Development Agency (hereinafter called
the Agency) towards the cost of the Services and intends to apply a portion of these
funds to eligible payments under this Contract, it being understood (i) that payments by
the Agency will be made only at the request of the Client and upon approval by the
Agency, (ii) that such payments will be subject, in all respects, to the terms and
conditions of the agreement between the Client and the Agency providing for the funds,
and (iii) that no party other than the Client shall derive any rights from the agreement
providing for the funds or have any claim to the funds proceeds;
NOW THEREFORE THE PARTIES hereby agree as follows:

1. Contract
Documents
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:
Appendix A: Description of the Services(Terms of Reference)
Appendix B: Technical Approach and Methodology
Appendix C: Key Personnel and Sub-consultants
Appendix D: : Breakdown of Contract Price
Appendix E: Services and Facilities Provided by the Client
Appendix F: Letters of offer
2. Services
(i)
(ii)
(iii)
3 Payment
4. Project
Administration
5. Performance
Standards
Appendix H: Letter of Acceptance

Appendix I: Power of Attorney
Appendix J: Work Plan(with specific deliverables/Timelines)
Appendix K Reporting Requirements
Appendix L: Professional liability Indemnity cover
The Consultant shall perform the services specified in Appendix A,
Description of the Services, and in the manner specified in
Appendix B Technical Approach and Methodology which are made
an integral part of this Contract (the Services).
The Consultant shall provide the personnel listed in Appendix C, Key
Personnel and Sub-Consultants, to perform the Services.
The Consultant shall submit to the Client the reports in the form and
within the time periods specified in Appendix D, Reporting
Requirement.
Ceiling
For Services rendered pursuant to SC, the Client shall pay the Consultant an
amount not to exceeding a ceiling of .. This
amount has been established based on the understanding that it includes
all of the Consultants costs and profits as well as any tax obligation that
may be imposed on the Consultant. The payments made under the
Contract consist of the Consultant's remuneration and expenses as defined
in Appendix E below.
A.
Coordinator for the assignment under this contract
The Client designates as Client's Coordinator. The
Coordinator will be responsible for the coordination of activities under this
Contract, for facilitating acceptance and approval of the reports and of other
deliverables by the Client and for receiving and approving invoices for the
payment.
The Consultant is to serve the interests of his Client as a faithful adviser
adhering to his professional standards and putting all the benefits of his
experience and expertise at the disposal of his Client.
The Consultant shall promptly replace any employees assigned under this
Contract that the Client considers unsatisfactory.
6. Amendment
No provision of the contract shall be amended, unless such amendment shall

be expressly agreed in writing between the Parties.
The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract, in particular:
(a) The Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
(b)
The Client shall make payments to the Consultants in accordance with the provisions
of the Contract.
FOR THE CLIENT
FOR THE CONSULTANT
Signed by __________________
Signed by ____________________
Title: ______________________
Title: ________________________
STAMP
GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever

used in this Contract have the following meanings:
(a)
Applicable Law means the laws and any other instruments

having the force of law in the Clients country, as they may be
issued and in force from time to time;
(b)
Agency means the French Development Agency;
(c)
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;
(d)
Contract Price means the price to be paid for the performance

of the Services, in accordance with Clause 6;
(e)
Foreign Currency means any currency other than the currency

of the Clients country;
(f)
GC means these General Conditions of Contract;
(g)
Local Currency means the currency of the Clients country;
(h)
Member, in case the Consultants consist of a joint venture of

more than one entity, means any of these entities; Members
means all these entities,
(i)
Party means the Client or the Consultants, as the case may be,
and Parties means both of them;
(j)
Personnel means persons hired by the Consultants 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 Consultants

pursuant to this Contract, as described in Appendix A; and
(m)
Sub-consultant means any entity to which the Consultants

subcontract any part of the Services in accordance with the
provisions of Clauses 3.5 and 4;
(n)
Third Party means any person or entity other than the Client,
the Consultants or a Sub-consultant.
(o)
corrupt practice is (i) the promising, offering, or giving to a
Public Official or (ii) a Public Official soliciting, or accepting,

directly or indirectly, of anything of value for himself or another
person or entity, to induce the Public Official to do, or not to do,
an action in his official duties;
1.2
(p)
collusive practice is a concerted action, agreement, explicit or

implicit understanding or coalition, including directly or indirectly
through a firm established in a foreign country, designed to
achieve or which may achieve a hindrance, restriction or bias to
competition for a contract, in particular when such practice aim to
(i) restrict access to the contract or free competition, (ii) hinder
the setting of prices under the rules of free competition by
artificially promoting their increase or decrease, (iii) restrict or
control production, market access, investment or technical
progress, or (iv) share market opportunities or access to
procurement sources.
1.3
This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.
1.4
This Contract has been executed in the language specified in the SC,
which shall be the binding and controlling language for all matters
relating to the meaning or interpretation of this Contract.
1.5
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.
1.6
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 such locations, whether in the Clients country or elsewhere,
as the Client may approve.
1.7
In case the Consultants consist of a joint venture of more than one

entity, the Members hereby authorize the entity specified in the SC to
act on their behalf in exercising the entire Consultants rights and
obligations towards the Client under this Contract, including without
limitation the receiving of instructions and payments from the Client.
1.8
Any action required or permitted to be taken, and any document

required or permitted to be executed, under this Contract by the Client
or the Consultants may be taken or executed by the officials specified in
the SC.
1.9
Unless otherwise specified in the SC, the Consultants, Sub-consultants,

and their Personnel shall pay such taxes, duties, fees, and other
impositions as may be levied under the Applicable Law, the amount of
which is deemed to have been included in the Contract Price.
1.10
The Consultants declare that:
1.11
a)
They did not engage in any action to influence the Project

implementation process to the detriment of the Client, in
particular no collusive practice took place nor will take place,
and
b)
The selection proceedings, contract negotiations, award, and

execution have not and will not be subject to any corrupt
practice as defined in the United Nations Convention to combat
corruption dated 31 October 2003.
(i) comply and procure that their Sub-consultants, if any, comply

with international environmental and labour standards
consistent with applicable law and regulations in the country of
implementation of the Project, including the fundamental
conventions of the International Labour Organisation (ILO) and
international environmental treaties;
(ii) Adopt any environmental and social risk mitigations measures

as defined in the environmental and social management plan or
the notice of environmental and social impact issued by the
Client.
2. Commencement, Completion, Modification, and Termination of Contract

2.1 Effectiveness
Contract
of This Contract shall come into effect on the date the Contract is signed by
both parties or such other later date as may be stated in the SC.
2.2 Commencement of The Consultants shall begin carrying out the Services fourteen (14) days
Services
after the date the Contract becomes effective, or at such other date as
may be specified in the SC.
2.3 Expiration
Contract
of Unless terminated earlier pursuant to Clause 2.6, this Contract shall

terminate at the end of such time period after the Effective Date as is
specified in the SC
2.4 Modification
2.5
Modification of the terms and conditions of this Contract, including any

modification of the scope of the Services or of the Contract Price, may
only be made by written agreement between the Parties and shall not
be effective until the consent of the Agency, as the case may be, has
been obtained.
Force Majeure For the purposes of this Contract, Force Majeure means an event
2.5.1 Definition
which is beyond the reasonable control of a Party and which makes a
Partys performance of its obligations under the Contract impossible or
so impractical as to be considered impossible under the circumstances.
2.5.2 No Breach of The failure of a Party to fulfil any of its obligations under the contract
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.
2.5.3 Extension of Any period within which a Party shall, pursuant to this Contract,
Time
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 their inability to perform the Services as a result of

an event of Force Majeure, the Consultants 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 them 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 Client
The Client may terminate this Contract, by not less than thirty (30) days
written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in this Clause 2.6.1 except in
the event (e), and sixty (60) days in the case of the event referred to in
(e):
a) If the Consultants do not remedy a failure in the performance of

their 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;
b) If the Consultants become (or, if the Consultants consist of more

than one entity, if any of their Members becomes) insolvent or
bankrupt or enter into any agreements with their creditors for
relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether
compulsory or voluntary;
c) If the Consultants fail to comply with any final decision reached

as a result of arbitration proceedings pursuant to Clause GC 8
hereof;
d) If the Consultants submit to the Client a statement which has a

material effect on the rights, obligations or interests of the
Client and which the Consultants know to be false;
e) If, as the result of Force Majeure, the Consultants are unable to

perform a material portion of the Services for a period of not
less than sixty (60) days;
f) If the Client, in its sole discretion decides to terminate this

Contract; or
g) If the consultant 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
anything of value to influence the action of a public official in the
selection process or in contract execution.
fraudulent practice means a misrepresentation of facts in order to
influence a selection process or the execution of a 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.
2.6.2
By
the The Consultants may terminate this Contract, by not less than thirty (30)
Consultants
days written notice to the Client, such notice to be given after the
occurrence of any of the events specified in paragraphs (a) and (d)
below:
(a)
if the Client fails to pay any monies due to the Consultants

pursuant to this Contract and not subject to dispute pursuant to
Clause 7 within forty-five (45) days after receiving written notice
from the Consultants that such payment is overdue;
(b)
if the Client is in material breach of its obligations pursuant to this

Contract and has not remedied the same within forty-five (45)
days (or such longer period as the Consultants may have
subsequently approved in writing) following the receipt by the
Client of the Consultants notice specifying such breach;
(c)
if, as the result of Force Majeure, the Consultants are unable to

perform a material portion of the Services for a period of not less
than sixty (60) days; or
(d)
If the Client fails to comply with any final decision reached as a

result of arbitration pursuant to Clause 7 hereof.
2.6.3 Payment upon Upon termination of this Contract pursuant to Clauses 2.6.1 or 2.6.2, the
Termination
Client shall make the following payments to the Consultants:
(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)

through (d) and (g) of Clause 2.6.1, reimbursement of any
reasonable cost incident to the prompt and orderly termination of
the Contract, including the cost of the return travel of the
Personnel and their eligible dependents.
3. Obligations of the Consultants

3.1 General
3.2
The Consultants shall perform the Services and carry out their
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 Consultants
shall always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Clients legitimate interests in any dealings
with Sub-consultants or Third Parties.
Conflict
Interests
of The remuneration of the Consultants pursuant to Clause 6 shall

constitute the Consultants sole remuneration in connection with this
3.2.1 Consultants Not to Contract or the Services, and the Consultants shall not accept for their
own benefit any trade commission, discount, or similar payment in
Benefit
from connection with activities pursuant to this Contract or to the Services or
Commissions,
in the discharge of their obligations under the Contract, and the
Discounts, etc.
Consultants shall use their best efforts to ensure that the Personnel, any
Sub-consultants, and agents of either of them similarly shall not receive
any such additional remuneration.
3.2.2
Consultants
and Affiliates
Not to be
Otherwise
Interested in
Project
The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and their affiliates, as well as any Subconsultant and any of its affiliates, shall be disqualified from providing
goods, works, or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.
3.2.3 Prohibition of Neither the Consultants nor their Sub-consultants nor the Personnel
Conflicting
shall engage, either directly or indirectly, in any of the following
Activities
activities:
3.3 Confidentiality
(a)
during the term of this Contract, any business or professional

activities in the Clients country 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.
The Consultants, their Sub-consultants, and the Personnel of either of

them shall not, either during the term 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
Clients business or operations without the prior written consent of the
Client.
3.4 Insurance to be The Consultants (a) shall take out and maintain, and shall cause any SubTaken Out by the consultants to take out and maintain, at their (or the Sub-consultants,
Consultants
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 Clients 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.
3.5 Consultants Actions The Consultants shall obtain the Clients prior approval in writing before
Requiring
Clients taking any of the following actions:
Prior Approval
(a) entering into a subcontract for the performance of any part of the
Services,
3.6 Reporting
(b)
appointing such members of the Personnel not listed by name in

Appendix C (Key Personnel and Sub-consultants), and
(c)
any other action that may be specified in the SC.
The Consultants shall submit to the Client the reports and documents
Obligations
specified in Appendix B 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, and other
Prepared by the documents and software submitted by the Consultants in accordance
Consultants to Be with Clause 3.6 shall become and remain the property of the Client, and
the Property of the the Consultants shall, not later than upon termination or expiration of
Client
this Contract, deliver all such documents and software to the Client,
together with a detailed inventory thereof. The Consultants may retain
a copy of such documents and software. Restrictions about the future
use of these documents, if any, shall be specified in the SC.
4. Consultants Personnel
4.1 Description
Personnel
of The titles, agreed job descriptions, minimum qualifications, and

estimated periods of engagement in the carrying out of the Services of
the Consultants 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
and/or (a)
Replacement
of
Personnel
Except as the Client may otherwise agree, no changes shall be

made in the Key Personnel. If, for any reason beyond the
reasonable control of the Consultants, it becomes necessary to
replace any of the Key Personnel, the Consultants shall provide as
a replacement a person of equivalent or better qualifications, skills
and experience.
(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) have reasonable cause to be dissatisfied with
the performance of any of the Personnel, then the Consultants
shall, at the Clients written request specifying the grounds
thereof, provide as a replacement a person with qualifications and
experience acceptable to the Client.
(c)
The Consultants 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 its best efforts to ensure that the Government shall
Exemptions
provide the Consultants such assistance and exemptions as specified in the
SC.
5.2 Change in the If, after the date of this Contract, there is any change in the Applicable Law
Applicable Law
with respect to taxes and duties which increases or decreases the cost of
the services rendered by the Consultants, then the remuneration and
reimbursable expenses otherwise payable to the Consultants 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 Clauses 6.2 (a) or (b), as the case may be.
5.3 Services
Facilities
and The Client shall make available to the Consultants the Services and
Facilities listed under Appendix F.
6. Payments to the Consultants

6.1 Lump-Sum
Remuneration
The Consultants total remuneration shall not 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 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
Additional
Services
for For the purpose of determining the remuneration due for additional
services as may be agreed under Clause 2.4, a breakdown of the lump-sum
price is provided in Appendices D and E.
6.4 Terms
Conditions
Payment
and Payments will be made to the account of the Consultants and according to
of the payment schedule stated in the SC. Unless otherwise stated in the SC,
the first payment shall be made against the provision by the Consultants 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 Consultants have
submitted an invoice to the Client specifying the amount due.
6.5 Interest
Delayed
Payments
on If the Client has delayed payments beyond thirty (30) days after the due
date stated in the SC, interest shall be paid to the Consultants for each day
of delay at the rate stated in the SC.
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.
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 Partys request for such amicable
settlement may be submitted by either Party for settlement in accordance
with the provisions specified in the SC.
8. Commencement, Delays and Suspension

8.1Commencement
Commencement Date shall be the date at which the following precedent
8.5
of Services
conditions have all been fulfilled and the Project Managers instruction
recording the agreement of both Parties on such fulfilment and
instructing to commence the Services is received by the Consultant.
The Consultant shall commence the execution of the Services as soon as
is reasonably practicable after the Commencement Date, and shall then
proceed with the Services with due expedition and without delay.
Delays Caused
by Authorities
If the following conditions apply, namely:

(a) the Consultant has diligently followed the procedures laid down by
the relevant legally constituted public authorities in the Country,
(b)
these authorities delay or disrupt the Consultants work, and
(c)
the delay or disruption was Unforeseeable,
then this delay or disruption will be considered as a cause of delay for

extension of time
8.6
Rate of
Progress
If, at any time:

(a) actual progress is too slow to complete within the Time for
Completion, and/or
progress has fallen (or will fall) behind the current programme other than
as a result of Extension of Time for Completion, then the Project
Manager may instruct the Consultant to submit, under Programme, a
revised programme and supporting report describing the revised
methods which the Consultant proposes to adopt in order to expedite
progress and complete within the Time for Completion.
8.7
8.8
Delay
Damages
Suspension of
Services
If the Consultant fails to comply with Time for Completion, the Consultant
shall be subject to notice under Employers Claims pay delay damages to the
Employer for this default. These delay damages shall be the sum stated in
the Contract Data, which shall be paid for every day which shall elapse
between the relevant Time for Completion. These delay damages shall be
the only damages due from the Consultant for such default, other than in
the event of termination prior to completion of the Services. These
damages shall not relieve the Consultant from his obligation to complete
the Services, or from any other duties, obligations or responsibilities
which he may have under the Contract.
The Project Manager may at any time instruct the Consultant to suspend
progress of part or all of the Services. During such suspension, the
Consultant shall protect, store and secure such part or the equipment
against any deterioration, loss or damage.
The Project Manager may also notify the cause for the suspension. If and
to the extent that the cause is notified and is the responsibility of the
Consultant,
8.9
Consequences
of Suspension
If the Consultant suffers delay and/or incurs Cost from complying with
the Project Managers instructions under Suspension of Work and/or
from resuming the work, the Consultant shall give notice to the Project
Manager and shall be entitled subject to Consultants Claims to:
(a)
an extension of time for any such delay, if completion is or will be

delayed, under Extension of Time for Completion, and
(b)
Payment of any such Cost, which shall be included in the Contract

Price.
The Consultant shall not be entitled to an extension of time for, or to

payment of the Cost incurred in, making good the consequences of the
Consultants faulty design, workmanship or materials, or of the
Consultants failure to protect, store or secure in accordance with
Suspension of Work.
SPECIAL CONDITIONS OF CONTRACT

Number
Clause2
of
GC Amendments of, and Supplements to, Clauses in the General Conditions of

Contract
1.1
The Client is City of Kisumu
1.2
Applicable Law is Laws of the Republic of Kenya
1.3
The language is English
1.4
The addresses are:

Client:
City of Kisumu
P.O. Box 105, Kisumu
Consultant:
Attention:
Tel. :
E-mail:
Website:
1.5
The Member in Charge is...............................................
1.6
The Authorized Representatives are:

For the Client:
City Manager
For the Consultants:

1.7
The Client warrants that the Consultants and their Personnel (as well as the
Sub-consultants and their Personnel) shall be exempt from any taxes, duties,
fees, levies, and other impositions levied, under the Applicable Law, on the
Consultants and the Personnel in respect of:
(a)
any payments made to the Consultants, Sub-consultants, and the

Personnel of either of them (other than nationals of the Clients country
or permanent residents of the Clients country), in connection with the
carrying out of the Services;
(b)
any equipment, materials, and supplies brought into the Clients country
by the Consultants or Sub-consultants for the purpose of carrying out
the Services and which, after having been brought into such territories,
will be subsequently withdrawn therefrom by them;
(c)
any equipment imported for the purpose of carrying out the Services
and paid for out of funds provided by the Client and which is treated as
property of the Client;
(d)
any property brought into the Clients country by the Consultants, any
Sub-consultants, and the Personnel of either of them (other than
nationals of the Clients country or permanent residents of the Clients
country) for their personal use and which will subsequently be
withdrawn therefrom by them upon their respective departure from the
Clients country, provided that:
(1)
the Consultants, Sub-consultants and Personnel, and their eligible

dependents, shall follow the usual customs procedures of the Clients
country in importing property into the Clients country; and
(2) if the Consultants, Sub-consultants or Personnel, or their eligible

dependents, do not withdraw but dispose of any property in the Clients
country upon which customs duties and taxes have been exempted, the
Consultants, Sub-consultants or Personnel, as the case may be, (i) shall bear
such customs duties and taxes in conformity with the regulations of the
Clients country, or (ii) shall reimburse them to the Client if they were paid by
the Client at the time the property in question was brought into the Clients
country
2.1
The date on which this Contract shall come into effect is on contract signature.
2.2
The date for the commencement of Services is ..
2.3
The Contract period shall be .
3.2.1
Procurement Rules of Funding Agencies

Furthermore, if the Consultants, as part of the Services, have the responsibility
of advising the Client on the procurement of goods, works, or services, the
Consultants shall comply with any procurement requirements applicable to
the Client and shall at all times exercise such responsibility in the best interest
of the Client. Any discounts or commissions obtained by the Consultants in
the exercise of such procurement responsibility shall be for the account of the
Client.
3.2.3
For a period of two years after the expiration of this Contract, the
Consultants shall not engage, and shall cause their Personnel as well as their
Sub-consultants and their Personnel not to engage, in the activity of a
purchaser (directly or indirectly) of the assets on which they advised the Client
under this Contract, nor shall they engage in the activity of an adviser (directly
or indirectly) of potential purchasers of such assets.

3.4
The risks and coverage shall be: Professional liability Indemnity maximum
coverage of KShs.
3.7
The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.
5.1
The Client will assist in processing tax exemptions when necessary.
6.2(a)
The amount in foreign currency or currencies is exclusive of tax

in accordance with clause 1.8.
6.2(b)
The amount in local currency is ..only.
6.4
The accounts identification and number are:

for foreign currency:
for local currency:
Bank-
Bank Branch
Account Name
Account Number
Bank address..
Swift /bank code
Branch code
Payments shall be made according to the following schedule:
6.5
Payment shall be made within 60 days of receipt of the invoice and the
relevant documents specified in Clause 6.4, and within 45 days in the case of
the final payment.
The procuring entity shall pay interest on the overdue amounts in accordance
with prevailing commercial bank rates expressed per annual
Foreign currency: Not Applicable

7.2
Any dispute, controversy, or claim arising out of or relating to this contract, or

the breach, termination, or invalidity thereof, shall be settled by arbitration in
accordance with the Institute of Arbitration of Kenya Rules as at present in
force.

8.1Commencement
of Services
recording the agreement of both Parties on such fulfilment and instructing
to commence the Services is received by the Consultant.
The Consultant shall commence the execution of the Services as soon as is
reasonably practicable after the Commencement Date, and shall then
8.5
Delays Caused
by Authorities

(a) the Consultant has diligently followed the procedures laid down by
(b)
(c)

extension of time
8.6
Rate of
Progress
If, at any time:

(a) actual progress is too slow to complete within the Time for
Completion, and/or
as a result of Extension of Time for Completion, then the Project Manager
may instruct the Consultant to submit, under Programme, a revised
programme and supporting report describing the revised methods which
the Consultant proposes to adopt in order to expedite progress and
complete within the Time for Completion.
8.7
Delay
Damages
Employer for this default. These delay damages shall be the sum stated in the
Contract Data, which shall be paid for every day which shall elapse between
the relevant Time for Completion. These delay damages shall be the only
damages due from the Consultant for such default, other than in the event
of termination prior to completion of the Services. These damages shall
not relieve the Consultant from his obligation to complete the Services, or
from any other duties, obligations or responsibilities which he may have
under the Contract.

The liquidated damage shall be: 0.1 % per week of the total contract price
8.8
Suspension of
Services
The Project Manager may also notify the cause for the suspension. If and to
the extent that the cause is notified and is the responsibility of the
Consultant,
8.9
Consequences
of Suspension
If the Consultant suffers delay and/or incurs Cost from complying with the
Project Managers instructions under Suspension of Work and/or from
resuming the work, the Consultant shall give notice to the Project Manager
and shall be entitled subject to Consultants Claims to:
(a)

(b)

Price.

Suspension of Work.
74
CONTRACT
THIS CONTRACT (Contract) is entered into this day of May by and between City of
Kisumu (the Client) having its principal place of business at City Hall, P.O Box 105-40100, Kisumu
City on the one hand and (the Consultant) having its principal office located at
.
WHEREAS
(e)
The Client wishes to have the Consultant perform the services hereinafter referred to
.
(f)
The Consultant is willing to perform these services, (hereinafter called the Services);
(g)
The Consultant, having presented to the Client that they have 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;
(h)
The Client has received funds from the French Development Agency (hereinafter called
the Agency) towards the cost of the Services and intends to apply a portion of these
funds to eligible payments under this Contract, it being understood (i) that payments by
the Agency will be made only at the request of the Client and upon approval by the
Agency, (ii) that such payments will be subject, in all respects, to the terms and
conditions of the agreement between the Client and the Agency providing for the funds,
and (iii) that no party other than the Client shall derive any rights from the agreement
providing for the funds or have any claim to the funds proceeds;
NOW THEREFORE THE PARTIES hereby agree as follows:

1. Contract
Documents
The following documents attached hereto shall be deemed to form an

integral part of this Contract:
(d) The General Conditions of Contract;
(e) The Special Conditions of Contract;

(f) The following Appendices:
Appendix A: Description of the Services(Terms of Reference)
Appendix B: Technical Approach and Methodology
Appendix C: Key Personnel and Sub-consultants
Appendix D: : Breakdown of Contract Price
Appendix E: Services and Facilities Provided by the Client
Appendix F: Letters of offer
Appendix H: Letter of Acceptance
Appendix I: Power of Attorney
Appendix J: Work Plan(with specific deliverables/Timelines)
2. Services
(i)
(ii)
(iii)
3 Payment
4. Project
Administration
5. Performance
Standards
Appendix K Reporting Requirements

Appendix L: Professional liability Indemnity cover
The Consultant shall perform the services specified in Appendix A,
Description of the Services, and in the manner specified in
Appendix B Technical Approach and Methodology which are made
an integral part of this Contract (the Services).
The Consultant shall provide the personnel listed in Appendix C, Key
Personnel and Sub-Consultants, to perform the Services.
The Consultant shall submit to the Client the reports in the form and
within the time periods specified in Appendix D, Reporting
Requirement.
Ceiling
For Services rendered pursuant to SC, the Client shall pay the Consultant an
amount not to exceeding a ceiling of .. This
amount has been established based on the understanding that it includes
all of the Consultants costs and profits as well as any tax obligation that
may be imposed on the Consultant. The payments made under the
Contract consist of the Consultant's remuneration and expenses as defined
in Appendix E below.
A.
Coordinator for the assignment under this contract
The Client designates as Client's Coordinator. The
Coordinator will be responsible for the coordination of activities under this
Contract, for facilitating acceptance and approval of the reports and of other
deliverables by the Client and for receiving and approving invoices for the
payment.
The Consultant is to serve the interests of his Client as a faithful adviser
adhering to his professional standards and putting all the benefits of his
experience and expertise at the disposal of his Client.
The Consultant shall promptly replace any employees assigned under this
Contract that the Client considers unsatisfactory.
6. Amendment
No provision of the contract shall be amended, unless such amendment shall

be expressly agreed in writing between the Parties.
The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract, in particular:
(c) The Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
(d)
The Client shall make payments to the Consultants in accordance with the provisions
of the Contract.
FOR THE CLIENT
FOR THE CONSULTANT
Signed by __________________
Signed by ____________________
Title: ______________________
Title: ________________________
STAMP
GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever

used in this Contract have the following meanings:
(q)
Applicable Law means the laws and any other instruments having
the force of law in the Clients country, as they may be issued and in
force from time to time;
(r)
Agency means the French Development Agency;
(s)
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;
(t)
Contract Price means the price to be paid for the performance of

the Services, in accordance with Clause 6;
(u)
Foreign Currency means any currency other than the currency of

the Clients country;
(v)
GC means these General Conditions of Contract;
(w)
Local Currency means the currency of the Clients country;
(x)
Member, in case the Consultants consist of a joint venture of

more than one entity, means any of these entities; Members
means all these entities,
(y)
Party means the Client or the Consultants, as the case may be,
and Parties means both of them;
(z)
Personnel means persons hired by the Consultants or by any

Sub-consultant as employees and assigned to the performance of
the Services or any part thereof;
(aa)
SC means the Special Conditions of Contract by which the GC

may be amended or supplemented;
(bb)
Services means the work to be performed by the Consultants

pursuant to this Contract, as described in Appendix A; and
(cc)
Sub-consultant means any entity to which the Consultants

subcontract any part of the Services in accordance with the
provisions of Clauses 3.5 and 4;
(dd)
Third Party means any person or entity other than the Client, the
Consultants or a Sub-consultant.
(ee)
corrupt practice is (i) the promising, offering, or giving to a Public
Official or (ii) a Public Official soliciting, or accepting, directly or

indirectly, of anything of value for himself or another person or
entity, to induce the Public Official to do, or not to do, an action in
his official duties;
1.2
(ff)
collusive practice is a concerted action, agreement, explicit or

implicit understanding or coalition, including directly or indirectly
through a firm established in a foreign country, designed to achieve
or which may achieve a hindrance, restriction or bias to
competition for a contract, in particular when such practice aim to
(i) restrict access to the contract or free competition, (ii) hinder the
setting of prices under the rules of free competition by artificially
promoting their increase or decrease, (iii) restrict or control
production, market access, investment or technical progress, or (iv)
share market opportunities or access to procurement sources.
1.3
This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.
1.4
This Contract has been executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
1.5
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.
1.6
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 such locations, whether in the Clients country or elsewhere, as the
Client may approve.
1.7
In case the Consultants consist of a joint venture of more than one entity,
the Members hereby authorize the entity specified in the SC to act on their
behalf in exercising the entire Consultants rights and obligations towards
the Client under this Contract, including without limitation the receiving of
instructions and payments from the Client.
1.8
Any action required or permitted to be taken, and any document required

or permitted to be executed, under this Contract by the Client or the
Consultants may be taken or executed by the officials specified in the SC.
1.9
Unless otherwise specified in the SC, the Consultants, Sub-consultants, and

their Personnel shall pay such taxes, duties, fees, and other impositions as
may be levied under the Applicable Law, the amount of which is deemed
to have been included in the Contract Price.
1.10
1.11
The Consultants declare that:
c)
They did not engage in any action to influence the Project

implementation process to the detriment of the Client, in
particular no collusive practice took place nor will take place, and
d)
The selection proceedings, contract negotiations, award, and

execution have not and will not be subject to any corrupt practice
as defined in the United Nations Convention to combat
corruption dated 31 October 2003.
(iii) comply and procure that their Sub-consultants, if any, comply

with international environmental and labour standards consistent
with applicable law and regulations in the country of
implementation of the Project, including the fundamental
conventions of the International Labour Organisation (ILO) and
international environmental treaties;
(iv) Adopt any environmental and social risk mitigations measures as

defined in the environmental and social management plan or the
notice of environmental and social impact issued by the Client.
2. Commencement, Completion, Modification, and Termination of Contract

2.1 Effectiveness
Contract
of This Contract shall come into effect on the date the Contract is signed by
both parties or such other later date as may be stated in the SC.
2.2 Commencement of The Consultants shall begin carrying out the Services fourteen (14) days
Services
after the date the Contract becomes effective, or at such other date as
may be specified in the SC.
2.3 Expiration
Contract
2.4 Modification
of Unless terminated earlier pursuant to Clause 2.6, this Contract shall

terminate at the end of such time period after the Effective Date as is
specified in the SC
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services or of the Contract Price, may
only be made by written agreement between the Parties and shall not be
effective until the consent of the Agency, as the case may be, has been
obtained.
2.5
Force Majeure For the purposes of this Contract, Force Majeure means an event which
2.5.1 Definition
is beyond the reasonable control of a Party and which makes a Partys
performance of its obligations under the Contract impossible or so
impractical as to be considered impossible under the circumstances.
2.5.2 No Breach of The failure of a Party to fulfil any of its obligations under the contract shall
Contract
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.
2.5.3 Extension of Any period within which a Party shall, pursuant to this Contract, complete
Time
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 their inability to perform the Services as a result of an

event of Force Majeure, the Consultants 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 them 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 Client
The Client may terminate this Contract, by not less than thirty (30) days
written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in this Clause 2.6.1 except in the
event (e), and sixty (60) days in the case of the event referred to in (e):
h) If the Consultants do not remedy a failure in the performance of

their 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;
i) If the Consultants become (or, if the Consultants consist of more

than one entity, if any of their Members becomes) insolvent or
bankrupt or enter into any agreements with their creditors for
relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether
compulsory or voluntary;
j) If the Consultants fail to comply with any final decision reached as

a result of arbitration proceedings pursuant to Clause GC 8
hereof;
k) If the Consultants submit to the Client a statement which has a

material effect on the rights, obligations or interests of the Client
and which the Consultants know to be false;
l) If, as the result of Force Majeure, the Consultants are unable to

than sixty (60) days;
m) If the Client, in its sole discretion decides to terminate this

Contract; or
n) If the consultant 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
anything of value to influence the action of a public official in the
selection process or in contract execution.
fraudulent practice means a misrepresentation of facts in order to
influence a selection process or the execution of a 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.
2.6.2
By
the The Consultants may terminate this Contract, by not less than thirty (30)
Consultants
days written notice to the Client, such notice to be given after the
occurrence of any of the events specified in paragraphs (a) and (d) below:
(a)
if the Client fails to pay any monies due to the Consultants pursuant
to this Contract and not subject to dispute pursuant to Clause 7
within forty-five (45) days after receiving written notice from the
Consultants that such payment is overdue;
(b)
if the Client is in material breach of its obligations pursuant to this

Contract and has not remedied the same within forty-five (45) days
(or such longer period as the Consultants may have subsequently
approved in writing) following the receipt by the Client of the
Consultants notice specifying such breach;
(c)
if, as the result of Force Majeure, the Consultants are unable to

than sixty (60) days; or
(d)
If the Client fails to comply with any final decision reached as a

result of arbitration pursuant to Clause 7 hereof.
2.6.3 Payment upon Upon termination of this Contract pursuant to Clauses 2.6.1 or 2.6.2, the
Termination
Client shall make the following payments to the Consultants:
(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)

through (d) and (g) of Clause 2.6.1, reimbursement of any
reasonable cost incident to the prompt and orderly termination of
the Contract, including the cost of the return travel of the Personnel
and their eligible dependents.
3. Obligations of the Consultants

3.1 General
3.2
The Consultants shall perform the Services and carry out their 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 Consultants shall always act, in respect
of any matter relating to this Contract or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the
Clients legitimate interests in any dealings with Sub-consultants or Third
Parties.
Conflict
Interests
of The remuneration of the Consultants pursuant to Clause 6 shall constitute

the Consultants sole remuneration in connection with this Contract or the
3.2.1 Consultants Not to Services, and the Consultants shall not accept for their own benefit any
Benefit
from trade commission, discount, or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge of
Commissions,
their obligations under the Contract, and the Consultants shall use their
Discounts, etc.
3.2.2
Consultants
and Affiliates
Not to be
Otherwise
Interested in
Project
best efforts to ensure that the Personnel, any Sub-consultants, and agents
of either of them similarly shall not receive any such additional
remuneration.
The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and their affiliates, as well as any Subconsultant and any of its affiliates, shall be disqualified from providing
goods, works, or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.
3.2.3 Prohibition of Neither the Consultants nor their Sub-consultants nor the Personnel shall
Conflicting
engage, either directly or indirectly, in any of the following activities:
Activities
(a) during the term of this Contract, any business or professional
activities in the Clients country which would conflict with the
activities assigned to them under this Contract; or
(b)
3.3 Confidentiality
after the termination of this Contract, such other activities as may

be specified in the SC.
The Consultants, their Sub-consultants, and the Personnel of either of

them shall not, either during the term 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
Clients business or operations without the prior written consent of the
Client.
3.4 Insurance to be The Consultants (a) shall take out and maintain, and shall cause any SubTaken Out by the consultants to take out and maintain, at their (or the Sub-consultants, as
Consultants
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 Clients 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.
3.5 Consultants Actions The Consultants shall obtain the Clients prior approval in writing before
Requiring
Clients taking any of the following actions:
Prior Approval
(a) entering into a subcontract for the performance of any part of the
Services,
3.6 Reporting
Obligations
(b)
appointing such members of the Personnel not listed by name in

Appendix C (Key Personnel and Sub-consultants), and
(c)
any other action that may be specified in the SC.
The Consultants shall submit to the Client the reports and documents
specified in Appendix B 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, and other documents
Prepared by the and software submitted by the Consultants in accordance with Clause 3.6
Consultants to Be shall become and remain the property of the Client, and the Consultants
the Property of the shall, not later than upon termination or expiration of this Contract,
Client
deliver all such documents and software to the Client, together with a
detailed inventory thereof. The Consultants may retain a copy of such
documents and software. Restrictions about the future use of these
documents, if any, shall be specified in the SC.
4. Consultants Personnel
4.1 Description
Personnel
of The titles, agreed job descriptions, minimum qualifications, and estimated

periods of engagement in the carrying out of the Services of the
Consultants 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
and/or (a)
Replacement
of
Personnel
Except as the Client may otherwise agree, no changes shall be made

in the Key Personnel. If, for any reason beyond the reasonable
control of the Consultants, it becomes necessary to replace any of
the Key Personnel, the Consultants shall provide as a replacement a
person of equivalent or better qualifications, skills and experience.
(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) have reasonable cause to be dissatisfied with
the performance of any of the Personnel, then the Consultants shall,
at the Clients written request specifying the grounds thereof,
provide as a replacement a person with qualifications and
experience acceptable to the Client.
(c)
The Consultants 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 its best efforts to ensure that the Government shall
Exemptions
provide the Consultants such assistance and exemptions as specified in the
SC.
5.2 Change in the If, after the date of this Contract, there is any change in the Applicable Law
Applicable Law
with respect to taxes and duties which increases or decreases the cost of the
services rendered by the Consultants, then the remuneration and
reimbursable expenses otherwise payable to the Consultants 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 Clauses 6.2 (a) or (b), as the case may be.
5.3 Services
Facilities
and The Client shall make available to the Consultants the Services and Facilities
listed under Appendix F.
6. Payments to the Consultants

6.1 Lump-Sum
Remuneration
The Consultants total remuneration shall not 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 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
Additional
Services
for For the purpose of determining the remuneration due for additional services
as may be agreed under Clause 2.4, a breakdown of the lump-sum price is
provided in Appendices D and E.
6.4 Terms
Conditions
Payment
and Payments will be made to the account of the Consultants and according to
of the payment schedule stated in the SC. Unless otherwise stated in the SC,
the first payment shall be made against the provision by the Consultants 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 Consultants have
submitted an invoice to the Client specifying the amount due.
6.5 Interest
Delayed
Payments
on If the Client has delayed payments beyond thirty (30) days after the due
date stated in the SC, interest shall be paid to the Consultants for each day
of delay at the rate stated in the SC.
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.
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 Partys request for such amicable settlement may
be submitted by either Party for settlement in accordance with the
provisions specified in the SC.

8.1Commencement
of Services

8.5
Delays Caused
by Authorities

(d) the Consultant has diligently followed the procedures laid down by
(e)
(f)

extension of time
8.6
Rate of
Progress
If, at any time:

(b) actual progress is too slow to complete within the Time for
Completion, and/or
8.7
8.8
Delay
Damages
Suspension of
Services
under the Contract.
Consultant,
8.9
Consequences
of Suspension

(c)

(d) Payment of any such Cost, which shall be included in the Contract
Price.
Suspension of Work.
SPECIAL CONDITIONS OF CONTRACT

Number
Clause2
of
GC Amendments of, and Supplements to, Clauses in the General Conditions of

Contract
1.1
The Client is City of Kisumu
1.2
Applicable Law is Laws of the Republic of Kenya
1.3
The language is English
1.4
The addresses are:

Client:
City of Kisumu
P.O. Box 105, Kisumu
Consultant:
Attention:
Tel. :
E-mail:
Website:
1.6
The Member in Charge is...............................................
1.7
The Authorized Representatives are:

For the Client:
City Manager
For the Consultants:

1.8
The Client warrants that the Consultants and their Personnel (as well as the
Sub-consultants and their Personnel) shall be exempt from any taxes, duties,
fees, levies, and other impositions levied, under the Applicable Law, on the
Consultants and the Personnel in respect of:
(a)
any payments made to the Consultants, Sub-consultants, and the

Personnel of either of them (other than nationals of the Clients country
or permanent residents of the Clients country), in connection with the
carrying out of the Services;
(b)
any equipment, materials, and supplies brought into the Clients country
by the Consultants or Sub-consultants for the purpose of carrying out
the Services and which, after having been brought into such territories,
will be subsequently withdrawn therefrom by them;
(c)
any equipment imported for the purpose of carrying out the Services
and paid for out of funds provided by the Client and which is treated as
property of the Client;
(d)
any property brought into the Clients country by the Consultants, any
Sub-consultants, and the Personnel of either of them (other than
nationals of the Clients country or permanent residents of the Clients
country) for their personal use and which will subsequently be
withdrawn therefrom by them upon their respective departure from the
Clients country, provided that:
(1)
the Consultants, Sub-consultants and Personnel, and their eligible

dependents, shall follow the usual customs procedures of the Clients
country in importing property into the Clients country; and
(2) if the Consultants, Sub-consultants or Personnel, or their eligible

dependents, do not withdraw but dispose of any property in the Clients
country upon which customs duties and taxes have been exempted, the
Consultants, Sub-consultants or Personnel, as the case may be, (i) shall bear
such customs duties and taxes in conformity with the regulations of the
Clients country, or (ii) shall reimburse them to the Client if they were paid by
the Client at the time the property in question was brought into the Clients
country
2.1
The date on which this Contract shall come into effect is on contract signature.
2.2
The date for the commencement of Services is ..
2.3
The Contract period shall be .
3.2.1
Procurement Rules of Funding Agencies

Furthermore, if the Consultants, as part of the Services, have the responsibility
of advising the Client on the procurement of goods, works, or services, the
Consultants shall comply with any procurement requirements applicable to
the Client and shall at all times exercise such responsibility in the best interest
of the Client. Any discounts or commissions obtained by the Consultants in
the exercise of such procurement responsibility shall be for the account of the
Client.
3.2.3
For a period of two years after the expiration of this Contract, the
Consultants shall not engage, and shall cause their Personnel as well as their
Sub-consultants and their Personnel not to engage, in the activity of a
purchaser (directly or indirectly) of the assets on which they advised the Client
under this Contract, nor shall they engage in the activity of an adviser (directly
or indirectly) of potential purchasers of such assets.

3.4
The risks and coverage shall be: Professional liability Indemnity maximum
coverage of KShs.
3.7
The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.
5.1
The Client will assist in processing tax exemptions when necessary.
6.2(a)
The amount in foreign currency or currencies is exclusive of tax

in accordance with clause 1.8.
6.2(b)
The amount in local currency is ..only.
6.4
The accounts identification and number are:

for foreign currency:
for local currency:
Bank-
Bank Branch
Account Name
Account Number
Bank address..
Swift /bank code
Branch code
Payments shall be made according to the following schedule:
6.5
Payment shall be made within 60 days of receipt of the invoice and the
relevant documents specified in Clause 6.4, and within 45 days in the case of
the final payment.
The procuring entity shall pay interest on the overdue amounts in accordance
with prevailing commercial bank rates expressed per annual
Foreign currency: Not Applicable

7.2
Any dispute, controversy, or claim arising out of or relating to this contract, or

the breach, termination, or invalidity thereof, shall be settled by arbitration in
accordance with the Institute of Arbitration of Kenya Rules as at present in
force.

8.1Commencement
of Services
8.5
Delays Caused
by Authorities

(g) the Consultant has diligently followed the procedures laid down by
(h)
(i)

extension of time
8.6
Rate of
Progress
If, at any time:

(c) actual progress is too slow to complete within the Time for
Completion, and/or
8.7
Delay
Damages
under the Contract.

The liquidated damage shall be: 0.1 % per week of the total contract price
8.8
Suspension of
Services
Consultant,
8.9
Consequences
of Suspension
(e)

(f)

Price.

Suspension of Work.
LIST OF APPENDICES

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COUNTY GOVERNMENT OF KISUMU

Funding: .............................................................. AGENCE FRANCAISE DE DEVELOPPEMENT (AFD)

CONSULTING SERVICES FOR ORGANIZING WARD CITIZENS FORA

SECTION 1. LETTER OF INVITATION ................................................... ERROR! BOOKMARK NOT DEFINED.

Consulting services for Organizing Ward Citizens Fora

Section 1. Letter of Invitation

Consulting services for Organizing Ward Citizens Fora

Section 2. Instructions to Consultants

The Client named in the Data Sheet will select a consulting

The Agency requires that Consultants provide professional, objective, and

Consulting services for Organizing Ward Citizens Fora

prior or current obligations to other clients, or that may place them in a

Without limitation on the generality of the foregoing, Consultants, and

A Consultant (including its Personnel and Sub-Consultants) or any of its

(iii) A Consultant (including its Personnel and Sub-Consultants) that has a

Consultants have an obligation to disclose any situation of actual or

The Agency requires that all beneficiaries of its funding, as well as

Consulting services for Organizing Ward Citizens Fora

(a) corrupt practice means the offering, giving, receiving, or soliciting,

(b) fraudulent practice means a misrepresentation or omission of

(c) collusive practices means a scheme or arrangement between two

(d) Coercive practices means harming or threatening to harm, directly

As a result of its own investigations and findings, and in accordance with

Consulting services for Organizing Ward Citizens Fora

Adopt any environmental and social risk mitigations measures as

Short listed Consultants may only submit one proposal. If a Consultant

At any time before the submission of Proposals, the Client either at

Consulting services for Organizing Ward Citizens Fora

extend the deadline for the submission of Proposals.

The Proposal (see Para. 1.2), as well as all related correspondence

In preparing their Technical Proposal, Consultants are expected to

(i) The estimated number of Professional staff-months or the budget for

It is desirable that the majority of the key professional staff proposed

(iii) Proposed professional staff must, at a minimum, have the experience

Documents to be provided by the Consultants to the Client as part of

Consulting services for Organizing Ward Citizens Fora

The Technical Proposal shall not include any financial information.

The Financial Proposal should follow Standard Forms (Section 4). It

The Financial Proposal should clearly estimate, as a separate

Consultants may express the price of their services in the currency

Commissions and gratuities, if any, paid or to be paid by consultants

Consulting services for Organizing Ward Citizens Fora

and related to the assignment will be listed in the Financial Proposal

The original proposal (Technical Proposal and Financial Proposal)

An authorized representative of the Consultants shall initial all

The Proposals must be sent to the address/addresses indicated in

Consulting services for Organizing Ward Citizens Fora

Public Opening and

The evaluation committee appointed by the Client shall evaluate the

Financial Proposals shall be opened publicly in the presence of the

The Evaluation Committee will verify that the Financial Proposal is

Consulting services for Organizing Ward Citizens Fora

In case of SBQC, the lowest evaluated Financial Proposal (Fm) will be

a. Negotiations will include a discussion of the Technical Proposal, the

Consulting services for Organizing Ward Citizens Fora

the proposal without confirming their availability, the Consultant may be

d. Negotiations will conclude with a review of the draft Contract. To

After completing negotiations the Client shall award the Contract to

The Consultant is expected to commence the assignment on the

Information relating to evaluation of Proposals and

Consulting services for Organizing Ward Citizens Fora

Name of the Client: City of Kisumu

Consultants mean firms or NGO.