J.5_Technical_Specifications.docx

A: General Requirements and Provision

Services Moved, Damaged or Altered

Important Note;

The specifications are written to accommodate conventional Conditions of Contract based on FIDIC. However, USAID is obliged to use its own Conditions of Contract. While every effort has been made to align these Specifications with the Conditions of Contract pertaining to this Contract it is inevitable that there will remain irregularities, duplications and contradictions.

The Contractor is advised that the following document hierarchy applies

1. Conditions of Contract

2. Specifications

3. Drawings – Strip map, culverts schedules, custom and standard details

4. Bill of Quantities

Therefore, in the event of any discrepancy between this Specification and the Conditions of the Contract the Conditions of Contract prevail.

A-1 General Information

The Technical Specifications shall be read and construed in conjunction with all other documents forming the Contract and in particular the Conditions of this Contract, Bill of Quantities, Drawings, and other documents forming the Contract Agreement. Notwithstanding the document hierarchy defined at the start of this document,the requirements of the Specifications shall be complementary and additional to the requirements of all the other documents of the Contract.

In the Bill of Quantities, reference may have been made to certain section(s) or clauses(s) in these Technical Specifications corresponding to the main type of Works involved, but this shall not be construed as limiting the specifications for such item of work only to the section(s) or clause(s) referred to.

The apparent silence of these Special Specifications, the Drawings or other Contract Documents as to any detail or the apparent omission from them of a detailed description concerning any Works or requirements, shall be regarded as meaning that good engineering practice shall apply and shall be to the approval of the Engineer.

The Contractor may be required to maintain one complete set of all specifications referred to in this Specification and all other approved Specifications for use.

The Contractor is responsible for the execution of the whole of the Works as defined in the Contract documents.

The rate and amount given in the Contract shall represent the full cost of executing the whole of the Itemised Works described in the Bill of Quantities and the rest of the contract documents including the cost of all work of whatsoever nature in any way necessary or ancillary to the execution of the Itemised Works.

The Contractor is responsible for setting out the whole of the Works according to the Drawings, Specifications and Instructions of the Engineer.

The Contractor is responsible for the supply to site of all materials, labour and equipment and every other thing of whatsoever nature required for the correct and proper execution of the Works and including establishment and mobilisation, and no act before or after the making of the Contract shall in any way serve to alter or reduce or negate this liability.

Measurement and valuation of Works performed under the Contract shall be carried out in accordance with the Specifications.

Throughout the period of the execution of the Works, testing will be carried out in accordance with the Specifications.

No work may be covered up and no materials shall be incorporated into the Works until tested and approved to the satisfaction of the Engineer in accordance with the Specifications.

Note The Contract requires that the Contractor formulate and implement a Quality Assurance Plan. The role of the Contractor’s Quality Control Officer is to manage the QA plan and confirm at the conclusion that each item listed in the BOQ meets with the specification.

It is anticipated that this confirmation will take the form of a presentation of the completed BoQ item to the Quality Asssurance Contractor.

The Quality Assurance Plan is managed by the Contractor The presentation of the completed activity to the Quality Assurance Contractor is the Quality Control Component of the QA/QC requirement The Quality Assurance Contractor monitors the implementation of the Contractor’s QA plan for compliance and accepts the Quality Control presentation.

The Contractor is responsible for the safety of the Works and the health and safety of the workforce as specified in the Conditions of Contract.

The Contractor is responsible for the safety of all members of the public and third parties who may have access to the site. The contractor shall provide adequate warning signs, notices, barriers, fences and any other necessary measures to ensure the safety of the public at all times during the course of the Works.

The Contractor is responsible for the maintenance of the Works until the end of the Defect Liability Period, if any, in accordance with these Specifications and the Conditions of Contract.

Before vacating the site, the Contractor shall clean all sections of the Works make them neat and tidy. This also applies to adhering to environmental preservation requirements as specified in the Conditions of Contract.

For purposes of technical specification, the words Contractor and Sub-Contractor shall have the same meaning.

Throughout the duration of the Contract, traffic shall be maintained over a reasonable smooth travelled way which shall be marked in such a manner that any person who has no knowledge of the conditions may safely and with a minimum of inconvenience and discomfort, drive or walk, day or night, over all or any portion of the road under construction provided that such a section of the road was passable to traffic prior to the Contractor having taken possession of the site. Unless approval in writing has been obtained from the Supervising Engineer, no road shall be closed to traffic or public access.

The Contractor shall allow in his rates where appropriate, for provision and maintenance of any temporary works including structures and deviations, and for the provision, erection and maintenance of the road signs for the safe passage of traffic during construction of the road and ancillary works.

A-2 Definitions and Terms

Unless inconsistent with the context, in these Specifications the following terms, words or expressions shall have the meanings hereby assigned to them.

Accepted: Accepted in writing by the Engineer (or by the Employer where appropriate) as meeting the requirements of the Contract Documents and of any authorised variations thereto. “Acceptance” means accepted in writing as aforesaid. “Acceptable” means acceptable to the Engineer as aforesaid.

Aggregate: Crushed stone of specified size and quality to be used in the Works. Aggregates may be classified as Coarse or Fine depending on the dominant particle size. Fine aggregates range from 1.5mm – 3.3mm [0.06 – 0.13 Inches]. Natural aggregates exist as gravel and sand.

Approved: Approved in writing by the Engineer, including subsequent written approval or confirmation of previous verbal approval by the Engineer. “Approval” means approval in writing as aforesaid.

Bid: Shall mean the same as Tender.

Borrow Area: An area within designated boundaries, approved for the purpose of obtaining borrow materials.

Borrow Pit: The excavated pit in a borrow area.

Borrow Material: Any gravel, sand, soil, stones or ash obtained from borrow areas, dumps or sources other than cut within the road formation section or prism and which is used in the Works. It shall not include crushed stone, rock or sand obtained from commercial sources or quarries.

Bridge: In the context of this document means a structure for carrying motor, pedestrian or other traffic or services over a river, watercourse, or any other gap, with a single span length, or sum of span lengths, of 4.0 or 6.0metres [13.1-19.7ft] minimum or more. The length is measured between the abutment faces, or pier head faces respectively, along the centre line of the bridge deck.

Carriageway: The surface normally traversed by vehicles and which consists of one or a number of contiguous traffic lanes, include auxiliary lanes and shoulders.

Catchwater Drain Or Bank: A longitudinal drain or bank outside the road formation for diverting water that should otherwise flow into the road prism.

Common Excavation: Classification of excavation for payment purposes, and denotes all excavation, except rock excavation, required from the road prism, drains, etc. according to the Drawings and the Specifications.

Conditions Of Contract: The appropriate edition of the General Conditions of Contract together with any Special or Particular Conditions of Contract forming part of the Contract.

Contractor’s Equipment: All the apparatus, machinery, vehicles and other things required for the execution and completion of the Works and the remedying of defects. However, Contractor’s Equipment excludes Temporary Works, Employer’s Equipment (if any), Plant, Materials and any other things intended to form or forming part of the Permanent Works.

Contractor’s Personnel (Staff): The Contractor’s Representative and all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and Sub-Contractor(s); and any other personnel assisting the Contractor in the execution of the Works.

Course: Separately defined and specified layer in a road pavement e.g. gravel wearing course.

Cut-To-Fill Or Cross-To –Fill: Crossfill is earthworks materials taken from cuts in the road reserve and placed in embankments within the section of the road or a short distance measured along the centreline of the road. Strip maps indicate where cut to fill is required.

Culvert: A structure other than a bridge, which provides an opening beneath the carriageway or embankment or median or access road for drainage or other purposes.

Cut: A section of the road where the formation level is below the original ground level requiring excavations for the construction of the road bed or pavement layers.

Directed: Instructed in writing by the Engineer including verbal instruction when subsequently confirmed in writing.

Drain Or Ditch: Lined or unlined open drain constructed for the collection of surface water from the pavement, shoulders and adjacent land.

Drawings: The contractual Drawings of the Works, including any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract.

Earthworks: Term describing all soils material placed below the formation level including improved subgrade layers, fill and prepared roadbed.

Embankment: A section of the road where the formation level is above the original ground level.

Employer: The person named as Employer in the Contract and the legal successors in title to this person.

Engineer: The person appointed by the Employer to act as the Engineer for the purposes of the Contract and named as such in the Contract.

Fill: That portion of the road formation consisting of approved imported material, which lies above the roadbed and is bounded by the side slopes, on which improved layers of pavement and shoulders are to be constructed. Material imported to replace unsuitable material in the roadbed shall also be classified as fill when placed below and improved as subgrade layer.

Fill Within Restricted Area Or Backfill: That part of the fill within a horizontal distance of 3 m [9.8ft] from the vertical and inclined concrete faces of the structure and that part between the pillars of the spill-through abutments or that part shown on the Drawings as “fill within restricted area".

Formation Level: The level of the top of the final layer of earthworks upon which the pavement layers are placed.

Grade Line: A reference line in the Drawings of the longitudinal sections of the road indicating at regular intervals the elevations according to which the road is to be constructed. The grade line may refer to the level of the completed road, base or any other layer and may

Mitre Drain: A drain constructed at an angle to the centreline of the road to divert water from a side drain. Mitre drains include mitre banks placed across the side drains.

Overburden: Material within or covering a borrow area or quarry, which is not required or is unsuitable for use in construction.

Pavement : The upper layers of the road comprising the improved subgrade, subbase, base or gravel wearing course or bituminous surfacing for flexible pavements and concrete surfacing for rigid pavements and the shoulder layers.

Permanent Works: The permanent works to be executed by the Contractor under the Contract.

Plant: The apparatus, machinery and the like intended to form or forming part of the Permanent Works.

Plasticity Modulus (PM): PM = Plasticity Index x percentage passing the 0.425 mm [No 40] sieve.

Quarry: Area outside the road formation where rock (for production of crushed aggregate and which is used in the construction of the Works) or sometimes gravel is extracted.

Road Base: A layer of natural gravel or crushed aggregate constructed on top of the subbase or in the absence thereof, the improved subgrade layer.

Roadbed: The natural in situ material after removal of topsoil etc. on which the fill layers, or in their absence any pavement layers, are to be constructed.

Road Reserve Or Right-Of-Way: The entire area included by the boundaries of road area as proclaimed.

Services: Cables, pipes or other structures, such as conduits for electricity, telephone and telegraph connections, water, sewage, etc.

Soak pit: A pit constructed at the end of drain to discharge water by means of seepage into the ground.

Shoulder: (a) When referring to this as a surface: The area between the outside edge of the travelled way and the shoulder break point. (b) When referring to this as a pavement layer: The upper pavement layer lying between the outside edge of the base course and the shoulder breakpoint.

Shoulder Breakpoint: The line along which the extended flat planes of the surface of the shoulder and the ditch inside slope or inside slope of the embankment /pavement intersect.

Shrinkage Product (Sp): The product of Linear Shrinkage (LS) and the percentage passing the 0.425 mm [No 40] sieve: SP = (LS)*(%pass 0.425 mm).

Side Drain: An open longitudinal drain situated adjacent to and at the bottom of cut or fill slopes.

Slope: Slope is the ratio of the vertical difference in elevation and the horizontal distance between two points. This ratio may also be expressed as a percentage.

Specifications: The Specifications relating to a specific project, which form part of the Contract documents for such project, and which contain the General Specifications together with supplementary specifications issued in the Special Specifications.

Spoil (Material): Material originating from construction operations and which is not utilised for construction purposes.

Structure: Structures shall comprise all objects constructed of materials other than earth, required by the Contract to be built or to be removed, but not including pavement layers.

Subbase: The layer of material on top of the subgrade layers or fill and below the base course and shoulders.

Subgrade: The surface upon which the pavement structure and shoulders are constructed and is mostly the insitu material or the natural ground which forms part of the construction.

Substantial Completion: Works completed so that they can be used for the purpose for which they were designed, apart from minor outstanding works and omissions.

Substructure: All of that part of the structure below the bearings of simple and continuous span bridges, below skewbacks of arches, below deck slab of box and slab culverts, together with return walls and wingwalls.

Subsoil Drainage: Subsoil drainage pipes (including any permeable material) constructed to intercept and remove subsoil water.

Suitable Material: Materials that comply with the requirements of these Specifications in respect of the relevant layer or position where the material is intended to be used.

Superstructure: All of that part of the structure above and including the bearings of simple and continuous span bridges, skew backs of arches, deck slab of box and slab culverts, including headwalls and parapets but excluding return walls and wingwalls.

Surface Treatment: A bituminous seal made with a bituminous binder and chippings, graded aggregate or sand or a mix of bitumen emulsion and crusher dust.

Temporary Works: All temporary works of every kind (other than the Contractor’s Equipment) required for the execution and completion of the Works and the remedying of any defects.

Topsoil: Soils containing organic or vegetable materials in the upper strata of the natural ground.

Unsuitable Material: Materials that do not comply with the requirements of these Specifications in respect of the relevant layer or position where the material is intended to be used.

Working Drawings: Shop drawings, steel bending schedules, stress sheets, fabrication and erection drawings, falsework drawings, and any other supplementary drawings or data which the Contractor is required to submit to the Engineer for approval before such Works commence.

Works: The Permanent Works and the Temporary Works, or either of them as appropriate.

A-3 Work Descriptions

The Specifications provide a description for each Work Item detailing the standards and norms to be achieved, work methods and resources to be incorporated into the work, the extent of work involved, the required quality control measures and methods for measurement and payment of the Works performed. Comment by Clarke, James M.: Ditto comment CJM 1. I think all reference to specs being used as a method of payment be qualified.

A-4 Work Methods

The Specifications describe in brief for each Item the method the Contractor shall use and the principle activities to be performed, their logic sequencing as well as the appropriate methods to carry out the Works.

A-5 Quality Control Checks and Workmanship

A-5-1 Quality Control The Contractor shall prepare and submit a Quality Control Plan within 14 days from the notice to commence Works. The quality Control plan will be in line with the Work Method and show how the Contractor will ensure that the works conform to the specifications.

The Contractor shall conduct tests or have them conducted continually on a regular basis, to check the properties of natural materials, processed natural materials and of products manufactured on the site, such as concrete and pavement materials. Although not a requirement for the Contractor to conduct regular tests on any commercially produced products such as cement, bitumen, steel and pipes, the Contractor shall remain fully responsible for any defective material or equipment provided by him/her.

The results of all testsor checks and the measurements as well as levels taken in compliance with the Specifications shall be submitted to the Engineer upon completion of every part of the Work for examination.

A-5 -2 Quality Control Checks and Tests To ensure consistency, quality control checks and tests shall be carried out in accordance to the methods and frequencies provided in this specification and contract document or as may be directed by the Engineer. The specified minimum technical standards specified must be achieved. For other tests, only specified tolerances range of which provisions are allowed.

Where quality control tests or checks are carried out, measures shall be taken to rectify such Works that fail to meet the required Specifications, at the Contractor’s own expense.

The Contractor shall ensure that the following test or check facilities are available at the site of works for purpose of incidental tests or checks or that he/she has access to laboratory facilities.

Table A1: Test and Test Equipment/Facilities

Equipment

A-5-3 Test Methods and Frequencies In order to determine the parameters defining the quality of materials, standard tests procedures shall apply.

Table A2: Standard Test Methods

Soils

Aggregates

Concrete

Table A4: Minimum Field Density, Nominal Values

The following frequency of tests shall be followed:

Table A5: Frequency of Tests on Soils and Gravels

Table A6: The minimum number of samples for cylinder or cube compressive strength after 28 days.

Each test consists of the average value of a set of three cylinders/ cubes.

A-5- 4 Cement The composition of Portland Cements shall comply with ASTM designation C150 or AASHTO-M85 or BS EN 197 and be sampled and tested in accordance with BS EN 196.

A-6 Methods of Measurements and Payment

A-6 -1 Methods of Measurements

(a) Units of measurements All work shall be measured in accordance with the SI system of metric units.

(b) Bill of Quantities

(c) Measurement of completed Work All distances along the centre line of the road as shown on the Drawings are horizontal distances, which will be used in calculating the quantities of fill and pavement layers for purposes of payment. All cross-sections shall be taken in a vertical plane.

All materials which are specified to be measured in the vehicle shall be hauled in vehicles of such type and size that the actual volume may be readily and accurately determined. Unless all vehicles are of uniform capacity, each vehicle shall bear a plainly legible identification mark indicating its specific approved capacity.

Where bituminous material is used, the quantity of bituminous and similar materials to be paid by volume shall be measured at the temperature of application and paid for in accordance with approved application rates.

Structures shall be measured to the neat lines shown on the Drawing and shall include any changes ordered in writing by the engineer and, for purposes of payment, the calculated volume of concrete structures shall include the volume of reinforcing steel, and minor ducts up to 150mm [6in] in diameter.

A-6-2 Methods of Payment

(a) Contract rates In computing the final Contract amount, payment shall be based on the actual quantity of authorised work done in accordance with the specifications and drawings. The bid rates shall apply, subject to the provisions of the Conditions of Contract, irrespective of whether the actual quantities are more or less than the scheduled quantities.

Where no rate or price has been entered against a pay item in the Bill of Quantities by a bidder it shall be understood that he/she does not require any compensation for such work. Where, however, a pay item described in these Specifications or in the Special Specifications does not appear in the Bill of Quantities, the Contractor will receive reasonable compensation for such work if required provided such work has been expressly instructed by the Engineer, unless anything to the contrary has been determined elsewhere.

(b) Rates to be inclusive The Contractor shall accept the payment provided in the Contract and represented by the rates bid by him/her in the Bill of Quantities, as payment in full for executing and completing the work as specified. The rates shall be deemed to have included procuring, furnishing, placing and installing all materials, procuring and providing labour, supervision, constructional plant, tools and equipment, wastage, transport, loading and off-loading, handling, maintenance, temporary work, testing, quality control, overheads, profit, risk and other obligations or incidentals necessary for the completion of the work and its maintenance throughout the contract and defects liability period.

The Contractor shall note that the cost of all Works and materials for minor construction details at bridges, for example small quantities of caulking compound and joint filler (other than expansion joints), anchor-bar covers, etc, not shown in the Bill of Quantities, shall be included in the bid rates for concrete.

This Clause shall apply in full to all pay items except where these requirements may be specifically amended in each case.

c) The meaning of certain phrases in payment Clauses

(i) Procuring and furnishing (material).

Where any of the words “supply”, “procure”, “provide”, “provision of”, “furnish (material)”, are used in the description of a pay item, it shall mean the supply and delivery to the point of use of all materials of any kind required for the work covered by the particular pay item, including all tax, purchase costs, claims, damages, royalties and transport costs involved, but excluding overhaul.

In the case of borrow materials, stone and sand, it shall also include all negotiations with the Owners concerned, excavating, producing, preparing, processing, testing, hauling and delivering the material to the point of use; the construction, repair, maintenance and making good after completion of all access roads, and all work required in opening, using and finishing off borrow pits unless covered by other pay items in the Bill of Quantities.

(ii) Placing material The phrase “placing material” shall mean the off-loading, spreading, blending, processing, watering, mixing, shaping and compacting (where specified) of the material in the pavement layer, fills and bypasses, as well as the procuring, furnishing, applying and admixing of water, the breaking-down of oversize material, the removing of oversize material which cannot be broken down, correcting irregular or uneven surfaces or layers, the thickness of which is not to specification, finishing-off to within the specified tolerances, the refilling of test holes and maintaining the completed work. In the case where bituminous seals are used, it shall also mean the heating and spraying of binder, the spreading of aggregate or asphalt mixtures, rolling, compacting, finishing-off to within the specified tolerances, and maintaining the completed work.

(d) Pay Items The description under the pay items in the various Sections of the Specifications, indicating the work for which allowance shall be made in the bid rates for such pay items, are for the guidance of the Contractor and do not necessarily repeat all the details of work and materials required by and described in the Specifications.

These descriptions shall be read in conjunction with the relevant Specifications and Drawings, and the Contractor shall, when bidding, bear in mind that his/her rates shall be inclusive as specified above.

(e) Materials on the Site Payment in respect of Materials on Site for subsequent incorporation into the Permanent Works will be in accordance with the relevant clause of the Conditions of Contract, subject to such payment being allowable in said clause.

(g) Rate-only items Against an item in the Bill of Quantities where no quantity is given but a rate only is required, the Contractor shall fill in a rate or amount which will constitute payment for work which may be done in terms of this item. Such rate only item is used where it is estimated that little or no work will be required under the item, or where the item is to be considered as an alternative for another item where a quantity is given, or for variations in rates of application or mix proportions. Work under rate-only items will be paid for only if it has been executed in terms of a written instruction by the Engineer.

A-7 Programme of Work

In accordance with relevant clauses of the Conditions of Contract and prior to commencement of permanent works, the Contractor shall within 14 days of contract commencement submit a fully detailed and time related programme showing the order of procedure and method in which the Contractor proposes to carry out the Works. The programme shall be so detailed as to show:

· The order of work.

· Planned rate of progress.

· Amount and type of equipment proposed.

· Details of methods to be employed.

· Details of Temporary Works.

The programme shall be deemed to have taken into account typical climatic conditions to provide for the completion of the Works in the order and within the times specified therein.

The programme shall not be in form of a bar chart only, but shall show clearly the anticipated quantities of work to be performed each month, as well as the anticipated earnings for the various sections of work. Further it shall show the critical path of activities.

The Works shall be carried out so as to achieve a continuous and consecutive output of fully completed road. The order of execution of the Works shall be subject to reasonable adjustment as requested by the Engineer.

Should the Contractor fall behind with the programme submitted by him in terms of the relevant clause of the General Conditions of Contract, which programme has been approved by the Engineer, the Employer may, without prejudice to his rights in terms of the relevant clause of the General Conditions of Contract, require the Contractor to submit, within seven days of the date on which he has received a notice to this effect, a revised programme in terms of this Clause, which indicates the manner in which the Contractor undertakes to complete the Works within the required time. Any proposal in the revised programme to accelerate the rate of progress shall be accompanied by positive steps to increase production by more and/or better labour and equipment being provided on the site or by the available labour and equipment being utilised more effectively. The approval by the Engineer of any programme shall have no contractual significance other than that the Engineer would be satisfied if the work is carried out in accordance with such programme and that the Contractor undertakes to carry out the work in accordance with the programme.

The approval by the Engineer of any programme shall have no contractual significance other than that the Engineer would be satisfied if the work is carried out in accordance with such programme and that the Contractor undertakes to carry out the work in accordance with the programme.

Neither shall it limit the right of the Engineer to instruct the Contractor to vary the programme should circumstances so require. The above shall not be taken to limit the right of the Contractor to claim for damages or extension of time to which he may be fairly entitled in terms of the General Conditions of Contract for delay or disruption of his activities.

Should the Employer request and the Contractor undertake to finish the whole or part of the Works ahead of the time originally required by the Contract, payment for accelerating the work shall be made only if agreed on beforehand, in writing, and in terms of such agreement.

A-8 Completion of the Works

Completion of the Works (Substantial Completion / Taking Over) in terms of the relevant clause of the Conditions of Contract will be certified by the Engineer only if the following sections of the Works as may be applicable have, inter alia, been duly completed according to the Specifications.

· the gravel wearing course, or in case of seals or concrete pavement used.

· all above-ground and subsoil drainage structure

· the finishing-off of slopes of cuts and fills.

· all the necessary road signs and or other road furniture and markings.

· all guardrails.

· all structures.

· reinstatement of all areas employed by the Contractor as quarries, borrows, site camps etc A-9 Traffic over Completed Pavement Layers

The Contractor's traffic including that for hauling materials over structures or pavement layers of an uncompleted road shall, in so far as is possible, and in addition to other restrictions specified elsewhere, be limited to a minimum by planning of the sequence of operation and the use of construction roads and diversions.

The Contractor's traffic over structures or the completed road will be restricted to the maximum axle load permitted in terms of statutory provisions. Any damage to structures or completed layers caused by the Contractor's traffic shall be repaired at his/her own cost.

A-10 Variation from Specified Nominal Rates of Application or Nominal Mix Proportions

The various Sections of these specifications specify nominal rates of application or nominal mix proportions for materials such as concrete, aggregates, and the like.

Where the actual rates of application or mix proportions used in the works vary from the nominal specified rates or mix proportions, adjustment or compensation will be determined by the Engineer will provide the agreed mix proportions or rates of application.

The Contractor will be paid in respect of any authorised increase in quantities from those specified, where such increase has been ordered in writing by the Engineer, OR refund to the Employer in respect of any authorised decrease in quantities from those specified which has been ordered in writing by the Engineer.

Payment for a varied rate of application or mix proportion shall be based on the actual rate of application or mix proportion used or ordered by the Engineer, provided that the actual rate of application or mix proportion is within the specified tolerance.

If the actual rate of application or mix proportion is below the prescribed rate of application or mix proportion ordered, payment shall be based on the actual rate of application or mix proportion regardless of any tolerance allowed. Notwithstanding the above, the Engineer shall be fully entitled to reject work which has not been constructed in accordance with the specifications or the rate of application or mix proportions prescribed by him/her.

A-11 Contractor’s Activities in Respect of Property outside the Road Reserve and of Services Moved, Damaged or Altered

(a) Statutory provisions The Contractor shall exercise any rights that may be ceded to him/her by an Authority in terms of any statutory provisions for purposes of executing the Contract, on condition that:

(i) the Contractor complies strictly with the requirements of such statutory provisions, particularly in regard to the matters relating to serving notice on the Owner or consultation with him/her.

(ii) In each case a written agreement is made with the Engineer regarding the details of the Contractor’s proposed actions before the rights of the Contractor in terms of the statutory provisions are exercised.

The provisions shall also apply to:

· those areas approved for the purpose of disposing of spoil material; and

· those areas occupied by the Contractor for his/her establishment on the Site or for any other purpose and for the Engineer's , office, laboratory and house (where such facilities are provided by the contractor).

(b) Agreements with Owners or Legal Users of property The Contractor shall put in writing all his/her agreements with Owners of property outside the road reserve or of services inside or outside the road reserve in respect of the following matters:

(i) The location, extent and use of borrow pits, haul roads, construction roads and bypasses outside the road reserve.

(ii) Compensation, if applicable, for land or materials taken or for land temporarily used or occupied.

(iii) The reinstatement of property occupied, used, damaged or destroyed, or compensation therefore in lieu of reinstatement.

(iv) The procedure for the moving of services and details as to how and when this is to be done.

(v) Any similar matter directly related to the Contractor’s activities on or in respect of private property or services.

These agreements shall be signed by all the parties concerned and delivered to the Engineer.

(c) Completion statement from owner On completion of his/her operations, the Contractor shall obtain, from the owner concerned, a written statement to the effect.

(i) that the Contractor has fulfilled his/her obligations under a written agreement;

(ii) in the absence of a written agreement, that the Owner has received all the compensation he/she is entitled to and is also satisfied that all property occupied, including borrow pits, haul roads and construction roads, has been properly restored and is in a satisfactory condition.

All such statements shall be signed, dated and delivered to the Engineer.

A-12 Land or Property Acquisition

All land to be permanently used or occupied by the Works will be provided by the Employer, but the approval of the Engineer must be sought before entry upon the land.

It is entirely the Contractor's own responsibility to obtain all land or property required for the erection of site camp and the like. Such provision of land or property shall be considered part of the Contractor's general obligations as defined in the relevant clauses of the General Conditions of contract.

A-13 Authorized Measurements and Tolerances

The work specified in the various Sections of these Specifications shall comply with the various dimensional and other tolerances specified in each case. Where no tolerances are specified, the standard of workmanship shall be in accordance with normal good practice. No representation is made that the full specified tolerances will be available independently of each other, and the Contractor is cautioned that the liberal or full use of any one or more tolerances relating to other aspects of the Work may lead to its rejection. The latter would apply particularly in respect of level tolerances on surface work and the related requirements regarding layer thicknesses.

In the description of certain pay items, where it is stated that quantities will be determined from the authorised dimensions, this shall be taken to mean the dimensions as specified or shown on the Drawings, or, if changed, as finally instructed by the Engineer, without any allowance for tolerances being specified. If the work is therefore constructed in compliance with the authorised dimensions, plus or minus any tolerances allowed, quantities for payment will be based on the authorised dimensions regardless of the actual dimensions to which the work is constructed.

A-15 Remedial Work

Any work which fails to comply with the Specifications shall be rejected and the Contractor shall, at his/her own expense, make good any defects, as directed by and to the satisfaction of the Engineer.

When any part of the Works or any equipment or material is found, upon examination by the Engineer, not to conform to the requirements or at any stage before final acceptance is damaged so that it no longer conforms to the requirements of the Specifications, the Engineer may order its complete removal and replacement, at the Contractor’s expenses, with satisfactory work, equipment or material, or he/she may permit the Contractor to apply remedial measures in order to make good any such defects or damage. The actual remedial measures taken shall at all times be entirely at the Contractor’s own initiative, risk and costs, but subject to the Engineer’s approval regarding the details thereof.

In particular, remedial measures shall ensure full compliance with the requirements of the Specifications of the final product, shall not endanger or damage any other part of the Works, and shall be carefully controlled and submitted to the Engineer for examination when completed or at any intermediate stage as may be required.

A-16 Drawings Provided by the Contractor

Where the Contractor is required to prepare any drawings for the purpose of this Contract, they shall be prepared as specified below and in accordance with any further requirements specified by the Engineer.

The Contractor shall submit to the Engineer for his/her adjudication. The standard of detailing and quality of print shall be the same as those of the Drawings supplied to the Contractor under the Contract.

Accepted Drawings shall form an integral part of the Contract documents, and any drawing not accepted and signed will not be permitted on the site of the Works for construction purposes and/or used for the manufacture of any item. Notwithstanding the approval and/or acceptance and signing of the Drawings, the Contractor shall take full responsibility for all details, discrepancies, omissions, errors, etc, in respect of the said Drawings as well as for the consequences thereof.

No direct payment for design, preparation and submission of Drawings will be made and all costs shall be included in the rates bid for the relevant pay items as provided in the Bill of Quantities.

A-17 Handing Over of Site

The Site will be handed over to the Contractor for construction, subject to such conditions as may be specified in the Special Specifications regarding matters such as the sequence in which sections will be handed over and must be completed, the maximum total length of detours that will be allowed to be in operation at any time and any other matters relating to the Contractor’s use and occupation of the Site.

A-18 Haul Roads

The Contractor shall submit to the Engineer for approval full details of any haul construction roads he/she proposes to build. Such details shall be submitted well in advance in order to afford the Engineer sufficient time to investigate their implications. Haul roads may not be built without the Engineer’s prior approval, and shall be kept to a minimum, particularly in areas where their impact on the environment may be serious.

A-19 Access to Contractor’s Records, Monthly Site Meetings and Progress Photographs

The Engineer shall at all times have full access to all files, drawings, documents, records and whatsoever in connection with the execution of the Works.

The Contractor or his/her authorized representative shall attend monthly meetings on the site with representatives of the Employer and Engineer, at dates and times to be determined by the Employer. Such meetings will be held for evaluating the progress of the Contract which any of the parties represented may wish to raise.

Colour photographs showing progress of work as detailed in the Special Specification showing the progress of the Works shall be taken every month by the Contractor from positions to be selected by the Engineer. These shall be digital photographs from a camera with a resolution of at least 5-megapixels. Each photograph shall be numbered and a statement shall be submitted giving the location, date when taken and a brief description or title. The Contractor shall provide copies of the original photographs on a CD-ROM or DVD-ROM.

A-20 Legal Provisions

The Contractor shall keep himself/herself fully conversant with the latest enactment, provisions and regulations of all legislative and statutory bodies and in all respects and at all time shall comply with such enactment, provisions and regulations in regard to executing the Contract.

A-21 Final Clearance

Upon completion of each section of the Works, Contractor shall cleanup the Site; remove all temporary buildings, equipment and debris. He/she shall level off and fine grade all excavated material, which is surplus. The whole of the site shall be left in a clean and workman like condition to the satisfaction of the Engineer. No separate payment shall be made for any work included in the paragraph and the costs shall be deemed to be included in the rates of the relevant items entered in the Bill of Quantities.

A-22 Co-operation at Site

All work shall be carried out in such a way as to allow access and afford all reasonable facilities for any other contractor and his workmen and for the workmen of the Employer and any other person who may be employed in the execution and/or operation at or near the site of any work in connection with the Contract or otherwise.

The Contractor shall use his best endeavors to co-operate with such persons without interfering with them and shall observe all the instructions and orders of the Engineer in that connection.

In the preparation of his programme of work the Contractor shall at all times take full account of and co-ordinate with the programming of work of other contractors.

A-23 Safety The contractor shall comply with all legal and policy requirements set out in the National Laws of the Republic of Liberia regarding Work Place Health and Safety, including HIV/AIDS prevention and all relevant labor laws. The contractor has an obligation of ensuring that Health and Safety is an integral part of the all its operations on site, and that everyone working on the project has a personal responsibility to embrace safe health and safety practice. To maintain a safe and healthy environment there must be constant consultation and cooperation between management and labor on health and safety related issues.

The contractor shall ensure that all its employees working on the project collaborate to identify and control potentially harmful situations by integrating health and safety practices into their daily activities.

Each employee has a right to a work environment which will not adversely affect his or her health and safety. The contractor shall be committed to providing safe workplaces for all its workers, its contracting parties, and the general public by diligently carrying out the duties contained in the Occupational Health and Safety Act and Regulations.

The contractor shall as part of its contractual obligation:

· conduct at a minimum a specified number of HIV/AIDS awareness meetings in the project communities and create an awareness among his site workers. The minimum number of HIV/AIDS awareness and Health and Safety training meetings is stipulated in the contract Bill of Quantity.

· liase with the relevant health providers to conduct a proper HIV/AIDS awareness in the communities living alongside the project site including the encouragement and issuance of HIV/AIDS control provisions like condoms.

· have full regard for the health and safety of all personnel under his responsibility. The contractor shall not expose personnel to unsafe work conditions or practices;

· provide and maintain plant, equipment including spares and systems of work that are safe and without risk to health;

· ensure safety and absence of risks in the use, handling, storage and transportation of materials and hazardous substances;

· provide adequate supervision and training, as is necessary and implement necessary procedures to ensure the health and safety of their employees and safe operation of plant and equipment ;

· ensure, as far as is reasonably practicable, that the…