Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697741402239.pdf (Ghana)
Republic of Ghana MINISTRY OF ROADS AND HIGHWAYS DEPARTMENT OF URBAN ROADS DESIGN-BUILD CONTRACT FOR REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100 KM) - PH.1 CONTRACT NUMBER: DUR/DBAG/KiRRS/DB/AR/KSi/2018/01 Employer: MINISTRY OF ROADS AND HIGHWAYS P.O.
BOX M57, MINISTRIES, ACCRA, GHANA Contractor: CONTRACTA CONSTRUCTION UK LIMITED CENTRAL COURT, 25 SOUTHAMPTON BUILDINGS, LONDON WC2A1AL-UK 2018 Table of Contents SECTION 1; CONTRACT AGREEMENT SECTION 2: LETTER OF ACCEPTANCE SECTION 3: LETTER OF PROPOSAL SECTION 4: PARTICULAR CONDITIONS OF CONTRACT SECTION 5: GENERAL CONDITIONS OF CONTRACT SECTION 6: EMPLOYER'S REQUIREMENTS SECTION 7: CONTRACTOR'S PROPOSAL SECTION 8: OTHER RELATED/RELEVANT DOCUMENTS 3 7 10 13 70 78 124 128 V • Section 1: Contract Agreement Contract Agreement THIS CONTRACT (AGREEMENT) Is made the day of 2018, BETWEEN THE GOVERNMENT OF THE REPUBLIC OF GHANA REPRESENTED BY THE MINISTER FOR ROADS AND HIGHWAYS ACTING BY ITS MINISTER of P.O.
Box MB37, Ministries, Accra (hereinafter called "the Employer"), of the one part, AND MESSRS CONTRACTA CONSTRUCTION UK LIMITED, CENTRAL COURT, 25 SOUTHAMPTON BUILDINGS, LONDON WC2A 1AL - UK (hereinafter called "the Contractor"), of the other part.

WHEREAS: 1.
WHEREAS: 1.

The Ministry of Finance representing the Government of Ghana as the Borrower, has commenced processes with the relevant financial arrangers and institutions to secure a Credit Facility and intends to apply funds from the Credit Facility for eligible payments under this agreement for the implementation of the Project, known as REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (243.56km).

2.
2.

The Employer desires that the Works, known as REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100km) - PHASE #1, with Contract Identification Number: DUR/DBAG/KIRRS/DB/AR/KSI/2018/01, should be executed by the Contractor, and has accepted to employ the Contractor for the design, execution and completion of these Works and the remedying of any defects therein; the employer and the contractor agree as follows: 1.
In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

% 2.
The following documents shall be deemed to form and be read and construed as part of this Agreement: a) The Contract Agreement b) Letter of Acceptance c) The Letter of Proposal d) The Particular Conditions of Contract e) The General Conditions of Contract -"Conditions of Contract for Plant and Design Build", First Edition, 1999, ISBN 2-88432-023-7, Published by the International Federation of Consulting Engineers (FIDIC) f) The Contractor's Proposal g) h) Employer's Requirements Other Related/Relevant Documents attached to this Contract 3.
4.

In consideration of payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to design, execute and complete the Works and remedy any defects therein, in conformity with the provisions of the Contract.
The Employer hereby covenants to pay the Contractor, in consideration of the design, execution and completion of the Works and the remedying of defects herein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

5.

The Contract Price is Fifty-Five Million Euros (€ 55,000,000.00).

6.
The Contract shall come into full force and effect on the date when all the following conditions precedent have been fulfilled and satisfied: (a) Cabinet and Parliamentary Approvals of the Financing Agreement and the Commercial (Contract) Agreement in accordance with Article 181 of the 1992 Constitution and Sections 55(1) and 56(1) of the Public Financial Management Act, 2016 (Act 921); (b) Execution of the Contract Agreement by both Parties; (c) Value for Money Assessment; (d) Public Procurement Authority's approval for single-sourcing of the Contractor herein for the implementation of the Project; (e) Legal Opinion issued by the Attorney-General and Minister of Justice on the validity and legal enforceability of the Credit Facility between the Republic of Ghana and The Bank (f) Notification from the Bank to the Borrower and the Employer that all the conditions precedent to effectiveness of the Credit Facility and disbursement have been fully satisfied.
(g) Submission of the Performance Security by the Contractor to the Employer as per the provisions of Clause 4.2 of the Conditions of Contract.

7.

The Employer shall promptly confirm to the Contractor the date on which all of the conditions in paragraph 6 above have been satisfied.
If any of these conditions have not been satisfied within a period of Twenty-Four (24) calendar months from the date on which this Agreement is signed, this Agreement shall be void and ineffective and any securities issued in relation to the above Works shall be returned.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed the day, month and year first before written in accordance with the laws of the Republic of Ghana.
FOR AND ON BEHALF OF THE EMPLOYER Signature Name Title ... FOR AND ON BEHALF OF THE CONTRACTOR Signature Name Title ...
IN THE PRESENCE OF: IN THE PRESENCE OF: Signature Name Address.... Signature Name Address.... * ¤ 1' Section 2: Letter of Acceptance / A 'I [Employer's Letterhead] THE MANAGING DIRECTOR M/S CONTRACTA CONSTRUCTION UK LIMITED CENTRAL COURT, 25 SOUTHAMPTON BUILDINGS, LONDON WC2A 1AL - UK Dear Sir, REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100KM) - PHASE #1 LETTER OF ACCEPTANCE We have the pleasure to inform you that the Public Procurement Authority has given dated to single-source your firm for the approval be letter No.
REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100KM) - PHASE #1.

The Ministry of Roads and Highways represented by the Department of Urban Roads dated hereby accepts your proposal which was submitted per letter No.
for the execution of REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100KM) - PHASE #1 for the Accepted Contract Amount of Fifty-Five Million Euros (€ 55,000,000.00) for completion in twenty-four (24) calendar months.

The completion period for the Contract does not include any interim periods for Employer's comments and approvals.

Payment for the Contract will be made in the currencies provided in the Contractor's Proposal, which is Euros.
The Engineer for the Project shall be communicated to you soon.

In the interim, you may contact the Director of the Department of Urban Roads for further instructions.

You are however required under the Contract to submit a Performance Security in accordance with the sample provided in the Particular Conditions of Contract.
A Performance Security in the form of a Performance Bond amounting to 30% of the Accepted Contract Amount (that is, €16,500,000.00) should be obtained from an acceptable insurance company.

Alternatively, a Performance Security in the form of a Performance Guarantee amounting to 10% of the Accepted Contract (that is, €5,500,000.00) should be obtained from an acceptable bank.

A foreign bank providing the Performance Security shall have a correspondent Bank located in Ghana.
* 1 » The Contract Documents are ready for signing.

You may inspect the Contract Documents at the office of the Department of Urban Roads, Accra, prior to signing them.

Yours faithfully.

(signature of responsible officer) (title of responsible) Cc: The Hon.

Minister, MRH, Accra The Hon.

Minister, MOF, Accra The Hon.

Minister, RCC, Ashanti Region, Kumasi The Chief Director, MRH, Accra The Chief Executive, Public Procurement Authority, Accra The Auditor-General, Ghana Audit Service, Accra The Hon.
Metropolitan Chief Executive, KMA, Kumasi The Secretary, Entity Tender Committee, DUR, Accra The Deputy Director, P&D, D.U.R, Accra The Deputy Director, F&A, D.U.R, Accra The Contracts Manager, D.U.R, Accra The Chief Accountant, D.U.R, Accra The Internal Auditor, DUR, Accra The Regional Director, DUR, Ashanti Region, Kumasi / .X 10 Section 3: Letter of Proposal * 1 The Director Department of Urban Roads Head Office, Accra.
Dear Sir, [Contractor's Letterhead] ii REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100 KM) - Phase #1 LETTER OF PROPOSAL We, the undersigned, declare that: (i) We have examined the "Conditions of Contract for Plant and Design Build", First Edition, 1999, ISBN 2-88432-023-7, published by the International Federation of Consulting Engineers (FIDIC) and the Particular Conditions of Contract, Employer's Requirements, Schedules, the attached Appendix and Addenda (if any) for the above-mentioned Works.
We have examined, understood and checked these documents and have ascertained that they contain no errors or other defects; (ii) We accordingly offer to design, execute and complete the above Works and remedy any defects therein, in conformity with such documents and our enclosed Proposal (including this letter) for the Lump Sum Fifty-Five Million Euros (€55,000,000.00) (iii)ln consideration of the payment of the amount of Fifty-Five Million Euros (€55,000,000.00), to be made by the Employer to the Contractor, the Contractor hereby covenants with the Employer to design and execute the REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100km) - Phase #1 for completion in twenty-four (24) calendar months.
The approval of the Engineer of the portions of the Design shall enable the Contractor to execute the Rehabilitation, Construction and Auxiliary Infrastructure Works in a timely manner in accordance with the programme.

(iv) We agree to abide by this Proposal until the Contract becomes effective and it shall remain binding upon us and may be accepted at any time before the expiration of that period or date.
(v) We agree to deliver the Works in Phase 1 in the form of (100km) of roads that is equivalent to €55,000,000.00 (Fifty-Five Million Euros), provided you select the right mix of roads to be executed in Phase 1 from the Contractor's assessed list of roads.

4 12 (vi) We acknowledge that the Appendix forms part of this Letter of Proposal.
(vii) If this offer is accepted, we commit to obtain and provide the specified Performance Security required, commence the Works as soon as is reasonably practicable after the Commencement Date, and complete the Works in accordance with the Contract within the Time for Completion.

(viii) Unless and until a formal Agreement is prepared and executed, this Letter of Proposal, together with your written acceptance thereof, shall constitute a binding contract between us.
(ix) We understand that you are not bound to accept this proposal.

Name Signed In the capacity of Duly authorized to sign the proposal for and on behalf of Dated on day of 13 Section 4: Particular Conditions of Contract 14 PARTICULAR CONDITIONS All references in this Particular Conditions are made to the clauses contained in the "Conditions of Contract for Plant and Design Build", First Edition, 1999, ISBN 2-88432-023-7, published by the International Federation of Consulting Engineers (FIDIC).
In any case of discrepancies between the clauses contained in the General Conditions, and the amendments stipulated in this document, the amendments in this document shall prevail.

All articles, clauses and sub-clauses that are not amended or deleted under this document, shall remain unchanged and shall apply.
Clause Heading Reference 1.1.1.8 Tender 1.1.2.2 8d 1.3 Employer's name and address Amendment References to "Tender" shall be interpreted as references to the negotiated and agreed Contractor's Proposal as included in the Contract.

MINISTRY OF ROADS AND HIGHWAYS acting through DEPARTMENT OF URBAN ROADS, No.1 Foreign Affairs Road Opposite Registrar-General's Department Private Mail Bag Ministries, Accra.
1.1.2.3 Si 1.3 Contractor's name and address MESSRS CONTRACTA CONSTRUCTION UK LTD. CENTRAL COURT, 25 SOUTHAMPTON BUILDINGS, LONDON WC2A 1AL - UK 1.1.2.4 Si 1.3 Engineer's name and address To be appointed 1.1.3.1 Base Date The Base Date shall be 28 days prior to the date of submission of the Contractor's Proposal.

1.1.3.3 Time for completion Twenty-four (24) calendar months from the Commencement Date, and not considering any interim periods for Employer's comments and approvals.
The Engineer shall give prior written instruction for approved portions of the Design to be 15 executed in accordance with Sub Clause 8.1 of the Particular Conditions of Contract.

1.1.3.6 Tests after Completion N/A 1.1.3.7 Defects Three Hundred and Sixty-Five (365) days.
Notification Period 1.1.4.1 Accepted Contract Amount Fifty-Five Million Euros (€55,000,000.00) 1.1.4.6 Foreign Currency Euros (€) 1.1.4.8 Local Currency Not Applicable 1.1.5.8 Works "Works" mean the Permanent Works and the Temporary Works, or either of them as appropriate.

1.1.6.2 Country The Republic of Ghana 1.1.7 Bank Add the following Sub-Clause: "Bank" means the DEUTSCHE BANK, LONDON BRANCH 1.2(e) Cost plus reasonable profit following Sub-Clause: Reasonable profit means 10% of the cost.
1.3 1.4 1.4 1.4 System of Electronic Communications Not Applicable Law and Language Law of the Republic of Ghana English Ruling language English Language for all communications English 1.5 Priority of Documents This Sub-Ciause shall be deleted and replaced with the following: 16 "The documents forming the Contract are to be taken as mutually explanatory of one another.
For the purposes of interpretation, the priority of the documents shall be in accordance with the sequence stated in the Contract Agreement.

If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification.

If the Contractor disagrees with the clarification, the dispute should be subject to the Clause 20 [Claims, Disputes and Arbitration]."
1.13 (b) Compliance with Sub-Clause 1.13 (b) is amended as follows; Laws "the Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licenses and approvals, as required by the Laws in relation to the design, execution and completion of the Works and the remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless against and from the consequences of any failure to do so.
However, upon request from the Contractor, the Employer will use his best endeavours to facilitate the Contractor to obtain such permits, licences and approvals".
1.15 2.1 2.2 and Add the following Sub-Clause: Inspection Audit by the Bank "If required by the Employer, the Contractor shall permit the Bank and/or persons appointed by the Bank to inspect the Site and/or the Contractor's records relating to the performance of the Contract and to have such records audited by auditors appointed by the Bank if required by the Bank."
Right of Access to The Employer shall give the Contractor right of access to, and possession of, all parts of the Site site seven (7) days prior to the Commencement Date.

Permits, Licences Add the following as the first paragraph of this Sub- and Approvals clause: 2.4 Employer's Financial Arrangement 17 "The Contractor shall be exclusively responsible for obtaining the permits, licences and approvals required by the applicable laws for purposes of the design and execution of the Works.
However, upon request from the Contractor, the Employer will use his best endeavours to facilitate the Contractor to obtain such permits, licences and approvals."
Add the following at the end of the Sub-Clause: "In addition, if the Bank has notified the Employer that the Bank has suspended disbursements under its loan, which finances in whole or in part the design and execution of the Works, the Employer shall give notice of such suspension to the Contractor with detailed particulars, including the date of such notification, with a copy to the Engineer, within seven (7) days of the Borrower having received the suspension notification from the Bank.
If alternative funds will be available to the Employer to continue making payments to the Contractor beyond a date sixty (60) days after the date of Bank notification of the suspension, the Employer shall provide reasonable evidence in such notice of the extent to which such funds will be available.
If at any time and from time to time, it should appear that the sum of the Contract Price plus any other amount to be paid by the Employer to the Contractor pursuant to this Contract is reasonably likely to exceed the Accepted Contract Amount, then the Contractor may give notice to the Employer requesting for reasonable evidence that Financial arrangements have been made and are being maintained which will enable the Employer to pay the final Contract Price.
For the purpose of this sub- paragraph, "reasonable evidence" means the existence of an escrow account with the requisite funding level immediately accessible by the Contractor upon a payment default of the Employer, or any other evidence acceptable to the Contractor."
2.6 3.1 List of Priority Roads Add the following Sub-Clause to Sub-Clause 2: 18 Engineer's Duties And Authority "The Employer shall approve the List of Priority Roads from the Contractor's assessed list of roads within one (1) month after execution of the Contract."

Add the following at the end of Sub-Clause 3.7 "(d) Any act by the Engineer in response to a Contractor's request except otherwise expressly specified shall be notified in writing to the Contractor within 28 days of receipt."
The Engineer shall obtain the specific approval of the Employer before taking any action under the following Sub-Clauses of these Conditions, provided always that the preceding provisions of this Sub- Clause relating to deemed approval shall in any event apply: (a) Sub-Clause 4.12 (Unforeseeable Physical Conditions): Agreeing to or determining an extension of time and/or additional cost.
(b) Sub-Clause 13.1 (Right to Vary): Instructing a Variation, except; (i) in an emergency situation as determined by the Engineer, or (ii) if such a Variation would increase the Accepted Contract Amount by less than 5%.

(c) Sub-Clause 13.3 (Variation Procedure): Approving a proposal for Variation submitted by the Contractor in accordance with Sub-Clause 13.1 (Right to Vary) or 13.2 (Value Engineering).
Notwithstanding the obligation, as set out above, to obtain approval, (i) to avoid doubt the preceding provisions of this Sub-Clause 3.1 relating to deemed approval shall in any event apply and (ii) if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibility 19 under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk.
The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer.

The Engineer shall determine an addition to the Contract Price, in respect of such instruction, and such instruction shall be regarded as a Variation initiated by the Engineer, in accordance with Clause 13 [Variations and Adjustments] and shall notify the Contractor accordingly, with a copy to the Employer."
3.6 Management Meetings Insert a new Sub-Clause 3.6 as follows: "The Engineer or the Contractor's Representative may require the other to attend a management meeting in order to review the arrangements for future work.

The Engineer or the Contractor, as agreed between both, shall record the business of management meetings and supply copies of the record to those attending the meeting and to the Employer.

In the record, responsibilities for any actions to be taken shall be in accordance with the Contract."
The first paragraph of the sub-clause shall be amended as follows: "The Contractor shall design, execute and complete the Works in accordance with good workmanship, technical specifications of the Contract, and shall remedy any defects in the Works.

When completed, the Works shall be operational and in accordance with the Employer's Requirements and the Final Detailed Design Report."
Paragraph 7 is amended as follows: "The amount of the Performance Security shall be as follows: a) Bank Guarantee - 10% of the Accepted Contract Amount.
b) Bond - 30% of the Accepted Contract Amount 4.1 Contractor's General Obligations 4.2 Performance security 20 Add the following to Paragraph 2: "If the Performance Security is in the form of a bank guarantee, it shall be issued either (a) by a bank located in the Country, or (b) directly by a foreign bank acceptable to the Employer and through a correspondent bank located in the Country.
If the Performance Security is not in the form of a bank guarantee, it shall be furnished by an insurance entity registered, or licensed to do business, in the Country.

The Performance Security shall be in accordance with the forms annexed to the Particular Conditions of Contract as Annexes A and B.

The Contractor shall deliver the Performance Security to the Employer prior to receipt by the Contractor of the Advance Payment and shall send a copy to the Engineer."
4.6 Co-operation Delete the first sentence of Sub-Clause 4.6 and replace with the following: "The Contractor, as specified in the Contract or as instructed by the Engineer, may be required to allow appropriate access for:" 4.8 Safety Procedures Replace Sub-Clause 4.8 (e) with the following: "(e) provide any Temporary Works (including temporary diversions for traffic and pedestrians, guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent land.
The Contractor shall notify the Engineer within 48 hours or as soon as reasonably possible after the occurrence of any accident which has resulted in damage or loss of property, disability or loss of human life, or which could reasonably be foreseen to 21 have a material impact on the environment and shall submit to the Engineer and Employer no later than 28 days after the occurrence of such an event, a summary report thereof."
4.24 Fossils Delete the first paragraph of Sub-Clause 4.24 and replace as follows: 5.1 General Design Obligations "All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest, graves, tombs, and religious or ancient or archeologically important monuments found on the Site shall be placed under the care and authority of the Employer.
The Contractor shall take reasonable precautions to prevent Contractor's Personnel or other persons from removing or damaging any of these findings."
The third paragraph shall be amended as follows: Upon receiving notice under Sub-Clause 8.1 [Commencement of Works], the Contractor shall scrutinize the Employer's Requirements (including design criteria and calculations, if any) and the items of reference mentioned in Sub-Clause 4.7 [Setting Out] throughout the Design Phase, as provided in Sub-Clause 5.2.1, 5.2.2, 5.2.3 and 5.2.4.
The Contractor shall give notice to the Engineer of any unforeseeable errors, faults and defects in the Employer s Requirements or these items of reference within fifty-six (56) days from the date the Contractor found such error, fault or defect."

CLAUSE 5 Add the following Sub-Clauses (5.2.1-5.2.4) to Sub-Clause 5.2 5.2.1 Design for each Phase Reports Each Phase will have its own distinct Preliminary Design Report, Draft Final Design Report and Final Detailed Design Report.
In this Sub-Clause 5.2, all the references to 'Works' are references to the 'Works of each Phase'.
5.2.2 Preliminary Design Report (a) Prior to the preparation of the Draft Final Design Report pursuant to Sub-Clause 5.2.3 below, the 22 Contractor shall first consult in detail with the Employer, and shall carefully analyze any information furnished by the Employer, concerning requirements of the Works, including but not limited to, a list of Priority Roads provided by the Employer within one (1) month after this Agreement is made, and any design, construction, scheduling, budgetary or operational requirements, limitations, and objectives, as well as the Employer's Requirements.
(b) Based on its study and analysis, and no later than two (2) calendar months after the commencement date of the Contract, the Contractor shall prepare and submit to the Employer a Preliminary Design Report detailing the Contractor's appreciation, understanding and analysis of the Employer's Requirements and identifying any design, construction, scheduling, budgetary, operational, or other problems which may result from said requirements.
The Preliminary Design Report of the Contractor shall also include proposed solutions, including design alternatives, addressing each of the identified problems.

(c) The Contractor shall review the report with the Employer within fourteen (14) days after submission of same for Employer approval, which shall not be unreasonably withheld.

Should the Parties agree that a modification in this report is required.
Contractor shall implement such changes within fourteen (14) days or any other period as agreed between the Parties.

(d) After review of the Preliminary Design Report and incorporation of any changes agreed, the Employer shall, within 14 (fourteen) days from the receipt of the modified Preliminary Design Report, authorize the Contractor in writing thereafter to commence preparing the Draft Final Design Report, or such part thereof as directed by the Employer.
5.2.3 Draft Final Design (a) Not later than two (2) months after the Employer has authorized the Contractor pursuant to sub- Report 23 clause 5.2.2(d) above, the Contractor shall prepare and submit to the Employer the Draft Final Design Report for the Works.
(b) The Draft 'Final Design Report shall address all requirements of the Works and shall include, without limitation, the following: (i) Draft Final Design drawings which illustrate each of the basic components of the Works including the size, scale, location, dimensions, and character of each relevant structure or component; (ii) Draft Final Design drawings which illustrate each exterior view of the Works; (iii) Draft Final Design drawings and specifications illustrating and describing the engineering, architectural and drainage systems of the Works; (iv) Any other documents or things required to illustrate, describe or depict the Draft Final Design and the conformity of same with the requirements of the Employer's Requirements and this Contract.
The Draft Final Design shall include the final Cost Component Breakdown, that is, a proposed draft final cost of constructing the designs.

(c) The Contractor shall review the report with the Employer within fourteen (14) days after submission of same for Employer approval, which shall not be unreasonably withheld.

Should the Parties agree that a modification in this report is required.

Contractor shall implement such changes within fourteen (14) days or any other period as agreed between the Parties.
(d) After review of the Draft Final Design and incorporation of any changes agreed, the Employer shall, within 5 (five) days from the receipt of the 5.2.4 Final Detailed Design Report 24 modified Draft Final Design, authorize the Contractor in writing to commence preparing the Final Design, or such part thereof as directed by the Employer.
(a) Not later than one (1) month, after the Employer has authorized the Contractor pursuant to Sub- clause 5.2.3(d) above, the Contractor shall prepare and submit to the Employer the complete Final Detailed Design incorporating all the modifications deemed necessary arising from the Employer's comments in the draft final report.

The proposed draft final price of constructing the designs based on the Cost Component Breakdown shall be finalized and submitted.
Any changes on the Cost Component Breakdown shall be agreed by the Parties as provided for in Sub-Clause 13.3.

If the Employer and the Contractor cannot mutually agree to the Final Detailed Design Report and Cost Component Breakdown within the Accepted Contract Amount, any of the Parties shall notify the other Party in writing, granting a period of 7 days for the other Party analysis and response of the matter.
If the Party that received the notice does not provide a response and/ or the Parties do not reach an amicable solution for this dispute in 30 days from the receipt of such notice, then the dispute shall be resolved in accordance with Clause 20.
(b) The Final Detailed Design Report shall include all Design Documents which shall describe with specificity all elements, details, components, materials, and other information necessary for the complete construction of the Project and the rendering of the Project fully operational and in accordance with Employer's Requirements and Technical Specification, including satisfaction of all testing, permitting, qualifications, certifications, validations, and obtaining regulatory approvals by all applicable regulatory authorities required to render the Project and all its components operational and functionally and legally usable in accordance with Employer's Requirements.
Subject to the provisions 25 of this Contract, the Employer shall review and approve, where appropriate, the Design Documents, or any portion thereof.

(c) Design Documents means all the design documents provided by the Contractor and approved by the Employer pursuant to the Contract including, without limitation (i.e.
but not limited to), those for use in constructing the Works, and the rendering of the Works fully operational, and shall include, without limitation, detailed plans, drawings, specifications, manuals, and related materials prepared by or on behalf of the Contractor.
(d) After review and acceptance of the Final Detailed Design and the proposed Cost Component Breakdown within the Accepted Contracted Amount for constructing the agreed scope of the construction phase of the Works by the Employer, which shall not happen later than five (5) days from the presentation of the Final Detailed Design, Sub-Clause 8.1 shall apply.
Paragraph 3 is amended as follows: "No later than four (4) months after the issuance of the Taking-Over Certificate, the Contractor shall supply to the Engineer the specified numbers and types of copies of the relevant as-built drawings, in accordance with the Employer's Requirements."
5.6 As-Built Documents 6.1 Engagement of Staff and Labour Delete Sub-Clause 6.1 and replace with the following: "Except as otherwise stated in the Appendix to Tender, the Contractor shall make arrangements for the engagement of all staff and labour, local or otherwise, and for their payment, feeding, transport and, when appropriate, housing.
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and 6.2 Rates of Wages and Conditions of Labour 26 labour with qualifications appropriate experience from sources within the Country."

and The following paragraph is added to this Sub-Clause: "The Contractor shall pay his employees promptly and regularly at the customary intervals and all employees shall be paid in full and up to date before the issue of the Performance Certificate."
6.4 Labour Laws The following paragraph is added to this Sub-Clause: "The Contractor shall comply in all respects with the requirements of all laws for the time being in force and shall ascertain from the Labour Department and shall strictly comply with all the regulations written or othenA/ise of the Commissioner of Labour or any of his duly appointed affecting the employment of any class of employee under this contract and from time to time in force."
representatives 6.5 Working Hours Add the following paragraph at the end of Sub-Clause 6.5: "The normal working hours shall be Eight (8) hours per day, Monday to Friday.

Saturdays and Sundays are set aside for rest.
National Holidays in Ghana are as follows: a. b. c. d. e. f. g- h. i. j. k. New Year's Day (1'^ January) Independence Day (6^*^ March) Good Friday Easter Monday Labour Day (1'^ May) Africa Unity Day (25^'^ May) Republic Day (l^'July) Founder's Day (21'^ September) Farmer's Day (1'* Friday in December) Christmas Day (25^^ December) Boxing Day (26^'^ December) Eid-ul-Fitr m. Eid-ul-Adha The Contractor shall allow for a further two unspecified public holidays per calendar year that 27 may be announced by the Republic of Ghana without prior notification.
6.5 (b) Working Hours This sub-clause is modified as follows: "The Engineer gives consent, which consent shall not be unreasonably withheld, or" 6.5 (d) Working Hours Add a new sub-clause as follows: "(d) it is necessary to increase the rate of work to achieve Time for Completion."
6.7 Health and Safety Add the following to Sub-Clause 6.7: "The Contractor and any Sub-Contractor engaged in the performance of the contract shall provide and equip, as appropriate, all workers in hazardous occupations with protective clothing, gloves, goggles, masks, footwear and headgear manufactured to such a standard as to ensure adequate protection against injury and accident.

HIV-AIDS Prevention.


The Contractor shall conduct an HIV-AIDS awareness programme via an approved service provider, and shall undertake such other measures as are specified in this Contract to reduce the risk of the transfer of the HIV virus between and among the Contractor's Personnel and the local community, to promote early diagnosis and to assist affected individuals.
The Contractor shall throughout the contract (including the Defects Notification Period): (i) conduct Information, Education and Consultation Communication (lEC) campaigns, at least every other •T^onth, addressed to all the Site staff and labour (including all the Contractor's employees, all Sub- Contractors and Consultants' employees, and all truck drivers and crew making deliveries to Site for construction activities) and to the immediate local communities, concerning the risks, dangers and impact, and appropriate avoidance behavior with 28 respect to of Sexually Transmitted Diseases (SID)— or Sexually Transmitted Infections (STI) in general and HIV/AIDS in particular; (ii) provide male or female condoms for all Site staff and labour as appropriate; and (iii) provide for STI and HIV/AIDS screening, diagnosis, counseling and referral to a dedicated national STI and HIV/AIDS program, (unless otherwise agreed) of all Site staff and labour as well as provide measures to reduce the incidence of malaria.
The Contractor shall include in the program to be submitted for the execution of the Works under Sub- Clause 8.3 [Programme] an alleviation program for Site staff and labour and their families in respect of Sexually Transmitted Infections (STI) and Sexually Transmitted Diseases (STD) including HIV/AIDS and Malaria.
The STI, STD, HIV/AIDS and Malaria alleviation program shall indicate when, how and at what cost the Contractor plans to satisfy the requirements of this Sub-Clause and the related specification.

For each component, the program shall detail the resources to be provided or utilized and any related sub-contracting proposed.

The program shall also include provision of a detailed cost estimate with supporting documentation.
Payment and to implementation this program shall not exceed the Provisional Sum dedicated for this purpose."

preparation Contractor the for 6.8 Contractor's Superintendence The following paragraph is added to this Sub-Clause: 6.11 Disorderly Conduct "During the performance of the Works, a reasonable proportion of the Contractor's superintending staff shall have proficiency in English in order to supervise and manage the execution of this Contract."
The following paragraph is added to this Sub-Clause: "The Contractor shall neither be entitled to institute his own Police Force nor interfere with members of the Ghana Police Service who shall have free and undisputed access at all times to any part of the Works in the execution of their duties.
29 6.12 The following Sub-Clauses are added to Clause 6: Foreign Personnel The Contractor may bring in to the Country any foreign personnel who are necessary for the execution of the Works to the extent allowed by the applicable Laws.

The Employer will facilitate application for visas for these personnel.

The Contractor shall ensure that these personnel are provided with the required residence and work permits.
The Employer will, if requested by the Contractor, use his best endeavours to assist the Contractor in obtaining any local, state, national, or government permission required for bringing in the Contractor's personnel.

The Contractor shall be responsible for the return of these personnel to the place where they were recruited or to their domicile.
In the event of the death in the Country of any of these personnel or members of their families, the Contractor shall similarly be responsible for making the appropriate arrangements for their return or burial.

The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Specification at reasonable prices for the Contractor's Personnel for the purposes of or in connection with the Contract.
The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor's Personnel.

contractor shall at all times take the necessary precautions to protect the Contractor's Personnel employed on the Site from insect and pest nuisance, and to reduce their danger to health.

The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide.
6.13 Supply of Foodstuffs 6.14 Supply of Water 6.15 Measures against Insect and Pest Nuisance 6.16 Alcoholic Liquor or Drugs The Contractor shall not, otherwise than in accordance with the Laws of the Country, import, sell, give barter or 30 otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift barter or disposal thereto by Contractor's Personnel.
6.17 Arms and Ammunition The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor's Personnel to do so.

6.20 Prohibition of Forced or Compulsory Labour Prohibition of Harmful Child Labour Employment Records of Workers 6.21 6.22 6.23 Workers' Organizations The contractor shall not employ "forced or compulsory labour" in any form.
"Forced or compulsory labour" consists of all work or service, not voluntarily performed, that is extracted from an individual under threat of force or penalty.

The Contractor shall not employ any child to perform any work that is economically exploitative, or is likely to be hazardous to, or to interfere with, the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral, or social development.
The Contractor shall keep complete and accurate records of the employment of labour at the Site.

The records shall include the names, ages, genders and hours worked..

These records shall be summarized on a monthly basis and submitted to the Employer, and these records shall be available for inspection by Auditors during normal working hours.

These records shall be included in the details to be submitted by the Contractor under Sub-Clause 6.10 [Records of Contractor's Personnel and Equipment].
In countries where national law recognizes workers' rights to form and to join workers' organizations of their choosing without interference and to bargain collectively, the Contractor shall comply with national law.

Where national law substantially restricts workers' organizations, the Contractor shall enable alternative means for Contractor's Personnel to express their grievances and protect their rights regarding working conditions and terms of employment.
In either case described above, and where national law is silent, the 31 Contractor shall not discourage workers from forming or joining workers' organizations of their choosing or from bargaining collectively, and will not discriminate or retaliate against Contractor's Personnel who participate, or seek to participate, in such organizations and bargain collectively.

The Contractor shall engage Worker with such workers representatives.
organizations are expected to fairly represent the workers in the workforce.

The Contractor shall not make employment decisions on the basis of personal characteristics unrelated to inherent Job requirements.
The Contractor shall base the employment relationship on the principle of equal opportunity and fair treatment, and will not discriminate with respect to aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline.
In countries where national law provides for non-discrimination in employment, the Contractor shall comply with national law.

When national laws are silent on non-discrimination in employment, the Contractor shall meet this Sub-Clause's requirements.

Special measures of protection or assistance to remedy past discrimination or selection for a particularjob based on inherent requirements of the Job will not be deemed discrimination.
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same."
Delete Sub-Clause 7.7 and replace as follows: "The Contractor shall carry out the provision of the Materials and the execution of the Works: a. in the manner (if any) specified in the Contract, 6.24 Non- Discrimination and Equal Opportunity 6.25 Epidemics 7.1 Manner of Execution 32 b. in a proper workmanlike and careful manner, in accordance with recognised industry best practices, and c. with properly equipped facilities and non- hazardous Materials, except as otherwise specified in the Contract" 7.3 Inspection After sub-parograph (b) of Sub-Clause 7.3 add the words; "Without prejudice to the rights of the Employer's Personnel as set out in this Sub-Clause 7.3 [Inspection], all expenses required for those activities described in paragraph (b) above including round trip air ticket, transportation, accommodation and meals shall be borne by the Employer.
The cost of travel insurance, medical facilities and daily allowances to cover other expenses and costs not specified herein, if required during the inspection periods shall be borne by the Employer."
8.1 Commencement Amend Paragraph 1 as follows: of Works "The Commencement Date shall be the date at which the following conditions precedent have all been fulfilled and the Engineer's instruction recording the agreement of both Parties on such fulfilment and notice for the commencement of the Works ("Notice to Commence") is received by the Contractor: a. possession of the Site has been given to the Contractor together with such permission(s) under (a) of Sub-Clause 1.13 [Compliance with Laws] as required for the commencement of the Works, including the Environmental Permit to be obtained by the Employer.
b. receipt by the Contractor of the full Advance Payment under Sub-Clause 14.2 [Advance Payment].

If the Notice to Commence is not received by the Contractor within 180 days from the date when the last of the conditions precedent mentioned in this Sub-Clause has been satisfied, the Contractor shall 33 be entitled to terminate the Contract under Sub- Clause 16.2 [Termination by Contractor].
The Contractor shall commence the design and execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then proceed with the Works with due expedition and without delay.

8.7 8l 14.15(b) Delay Damages The following paragraph is added to this Sub-Clause: 9 Tests on Completion "The Delay Damages shall be the equivalent to 0.025% of the Contract Price per day with a maximum of 5% of the value of the Contract Price."
Delete Sub-Clause 9.1 and replace as follows: "The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub- Clause 7.4 [Testing], after providing the documents in accordance with subparagraph (d) of Sub-Clause 4.1 [Contractor's General Obligations].

The Contractor shall give to the Engineer not less than 21 days notice of the date after which the Contractor will be ready to carry out each of the Tests on Completion.
Unless otherwise agreed, Tests on Completion shall be carried out within 14 days after this date, on such day or days as the Engineer shall instruct.

In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works.
As soon as the Works, or a Section, have passed any Tests on Completion, the Contractor shall submit a certified report of the results of these Tests to the Engineer."
11.9 Performance Certificate The following paragraph is added to the present sub- c/ouse as follows: 12 Tests after Completion 13.1 Right to Vary 34 "If the Engineer fails to issue the Performance Certificate after all the conditions in this provision have been met, then the Performance Certificate shall be deemed to have been issued on the date 28 days after the date on which it should have been issued, as required by this Sub-Clause."
Not Applicable Delete the second paragraph of Sub-Clause 13.1 and replace with the following: "The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives notice to the Engineer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goods required for the Variation, (ii) it will reduce the safety or suitability of the Works, (iii) it will have an adverse impact on the achievement of the Schedule of Guarantees "(iv) such Variation will result in the cumulative reduction in the Accepted Contract Amount by more than 15% (fifteen percent), or (v) such Variation triggers a substantial change in the type, sequence or progress of the Works.
Upon receiving this notice, the Engineer shall cancel the instruction unless, in case of any of the events described in items (iv) and (v), the Contractor agrees with the Employer the amount of any adjustment to the Contract Price and to the Time for Completion that shall apply and/or, as the case may be, the corresponding changes to the relevant Tests on Completion.
The Contractor shall not make any alteration and/or modification of the Permanent Works, unless and until the Engineer instructs or approves a Variation."

The following phrase shall be added to the end of second paragraph: "The Contractor shall only be bound by a Variation that has reasonable evidence of required funding and 35 resources for its execution by means of a Letter of Credit or any other additional financial security commonly agreed between the Parties.
In no event shall the Contractor be liable to execute and be bound by a Variation that has not been secured by the required financial security as required under this Sub-Clause 13.1."
These paragraphs shall be added to the end of this Sub- Clause: "Variations may also be initiated by means of a common agreement between the Employer and the Contractor, by means of which the Employer and the Contractor shall formalize the respective amendment as to inform the Engineer of the commonly agreed decision settled between the Parties."

"Any Variation shall be approved by the Employer in writing before its initiation by the Engineer".

13.3 Variation Procedure At the end of sub-clause 13.3.
(c) insert the following paragraph: Without prejudice to sub-clause 13.3.

(a), (b), and (c), the Contractor shall be entitled to review the prices of Bill of Quantities in respect of the requested variation if the said quantities vary by plus/minus twenty-five percent (+/-25%)".

20% The Contract Price shall not be subject to adjustment.
13.5(b) 13.8 Percentage of adjustment of Provisional Sums Adjustments for Changes in Cost 14.1 (a) Contract Price Sub-clause 14.1 (a) is reworded as follows: "The Contract Price shall be Lump Sum in accordance with the agreed Cost Component Breakdown, performed and measured in accordance with this Contract, subject to adjustments (if any) pursuant to Sub-Clause 13.8."
36 Add the following to the sub-clause: "Prior to final completion and acceptance of the Design for Works and upon presentation of Final Detailed Design Documents to the Employer for final review as per Sub-Clause 5.2.4, the Contractor shall also provide to the Employer a proposed final Cost Component Breakdown using the Unit rates submitted in the Contractor's Cost Component Breakdown for constructing the agreed scope of construction for the Works within the Accepted Contract Amount.
This final cost shall guarantee to the Employer the price for which all construction work will be completed within the time for completion and the Accepted Contract Amount.

If the Employer and the Contractor cannot mutually agree to the Final Detailed Design Report and Cost Component Breakdown within the Accepted Contract Amount, any of the Parties shall notify the other Party in writing, granting a period of 14 days for the other Party analysis and response of the matter.
If the Party that received the notice does not provide a response and/or the Parties do not reach an amicable solution for this dispute in 30 days from the receipt of such notice, then the dispute shall be resolved in accordance with Clause 20.

The Contractor, however, agrees and guarantees that the Accepted Contract Amount shall not exceed Fifty-Five Million Euros (€55,000,000.00).
The Accepted Contract Amount, unless changed subject to Clause 13 [Variations and Adjustments], represents the absolute limit of obligation or liability that the Employer may ever have insofar as (i) the cost for full and final completion of the Works established in the agreed Cost Component Breakdown, and (ii) the total of all payments to the Contractor, are concerned.
The Employer's limitation of obligation or liability set out in this Paragraph shall be incontrovertible and unequivocal; any term or 37 provision of the Contract, the Exhibits, attachments, or provisions incorporated by reference in or to this Contract, or of any Sub-Contract executed in furtherance of the anticipated Works under the Contract shall not be construed or deemed to alter or waive this absolute condition.
Likewise, the Contractor's absolute responsibility for the completion of the Works in accordance with the agreed Cost Component Breakdown, as well as the Contractor's agreement to bear all cost in excess of the Accepted Contract Amount without recourse to the Employer, if such excess costs are not as a result or consequence of the Employer's risks or obligations under this Contract or due to force majeure events, shall be incontrovertible and undisputed, and shall take precedence over all other terms and provisions of this Contract and no part of which shall be deemed to alter, diminish or waive such obligations.
The Contract Price shall include the cost of the Consultancy Services for supervision of the Works by a local Ghanaian firm which amount shall not exceed three percent (3%) of Accepted Contract Amount.

The Consultant's request for payment shall be included in the Contractor's Payment Certificates.

The Contractor's Advance Payment on the Accepted Contract Amount shall be inclusive of the Consultant's amount for Advance Payment.
The Contract Price shall include a Design Fee of three percent (3%) for the overall Cost of the Works.

Amend Sub-Clause 14.1 (b) as follows: Upon request for exemption of such taxes, duties and levies, the Employer will employ its best efforts to facilitate such request with the relevant authorities in Ghana.

Clearing of all goods at ports shall be the Contractor's responsibility."

14.1 (b) 14.1 (b)(A) 14.2 Advance Payment 20% of the Accepted Contract Amount.
38 The Contractor shall obtain and submit a valid Advance Payment Guarantee in form and substance acceptable to the Employer as provided in Annex C to this Particular Conditions.

The Guarantee must be obtained from a Bank which is acceptable to the Employer.

A foreign bank providing the Advance Payment Bank Guarantee shall have a correspondent bank located in Ghana.
Paragraph 5(b) is deleted and replaced with the following: "Deductions shall be made at the amortisation rate of thirty percent (30%) of the amount of an Interim Payment Certificate, commencing from the second Interim Payment Certificate; provided that full payment is recovered when eighty percent (80%) of the Accepted Contract Amount has been certified.

The initial amount of the Advance Payment Guarantee shall be proportionately reduced in relation to the amount repaid.
Upon recovery of the full amount of Advance Payment, the Contractor shall request and the Employer shall release the Advance Payment Guarantee within sixty (60) days.

14.3 (c) Percentage of Retention 5% of the value of the Interim Payment Certificate.

Limit of Retention 5% of Accepted Contract Amount.


Money Add the following: "In lieu of deduction of retention, the Contractor shall submit a valid Retention Money Bank Guarantee amounting to five (5%) percent of the Accepted Contract Amount in form and substance acceptable to the Employer as provided in Annex D to this Particular Conditions.

The Guarantee must be obtained from a Bank which is acceptable to the Employer.
A foreign bank providing the Retention Money Bank Guarantee shall have a correspondent bank located in Ghana."

39 14.5 Add the following paragraph to Sub-Clause 14.5(c)(i) after the word "Site" Plant and Materials intended for the "Payment for plant and materials delivered to site shall be limited to 50% of the cost.

Interest shall not Works be paid on delayed payment for materials on site.
14.6 Issue of Interim Payment Certificates The plant and materials for which payment shall be made on delivery to site are as follows: a.

Aggregates b. Reinforcement Add the following: ""The Engineer shall issue Interim Payment Certificates in the total amount as per 14.1 to cover Design Fees based on the following payment schedule: • 40% of the amount of the Design Fees after submission and approval of Preliminary Design pursuant to Sub-Clause 5.2.2 (d).
• 40% of the amount of the Design Fees after submission and approval of the Draft Final Design pursuant to Sub-Clause 5.2.3 (d).

• 20% of the amount of the Design Fees after submission and approval of Final Detailed Design pursuant to Sub-Clause 5.2.4(d)."

"After approval of the Detailed Design, the Contractor shall submit a payment schedule based on Cost Component Breakdown, specifying the instalments in which the Contract Price will be paid."
14.7 Payment Delete the Sub-Clause and substitute with the following: "The Employer shall pay to the Contractor for the Works: a) The first installment of the advance payment within 56 days after certifying the documents 40 in Sub-Clause 4.2 [Performance Security] and Sub-Clause 14.2 [Advance Payment], b) The amount certified in each Interim Payment Certificate within 56 days after the Engineer certifies the Statement and supporting documents.
c) The amount due in the Final Payment Certificate within 56 days after the Engineer certifies the Final Statement and written discharge in accordance with Sub-Clause 14.11 [Application for Final Payment] and Sub-Clause 14.12 [Discharge], The publishing source of commercial interest rates for financial charges in case of delayed payment is as follows: Foreign Currency Payment - Euro Inter-bank Offered Rate (Euribor) plus one percent (1%).
Paragraph follov\/ing: 3 is deleted and substituted with the "The Contractor shall be entitled to this payment which shall be included in the next interim payment due, and without prejudice to any other right or remedy".
Add the following: "Where Retention Money Bank Guarantee has been provided in lieu of Retention Money, the following shall apply: (i) When the Taking-Over Certificate has been issued for the Works and the Works have passed all specified tests (including the Test after Completion, if any), the Engineer shall notify the Employer to reduce the amount of the Retention Guarantee by half.
If a Taking-Over Certificate is issued for a Section of the Works, the relevant percentage of half of the Retention Guarantee shall be reduced when the Section passes all tests.

14.8 Delayed Payment 14.9 Payment of Retention Money: 14.15 Currencies of Payment 16.1 Contractor's Entitlement to Suspend Work 41 (ii) The Contractor shall ensure that the Guarantee is valid and enforceable until the expiry of the Defects Notification Period.
(iii) Promptly after the latest of the expiry of the Defects Notification Periods, the Engineer upon request from the Contractor, shall notify the Employer to return the outstanding balance of the Retention Money to the Contractor."

All Payments shall be made in Euros (€).
Delete 5uP-C/ot/se 76.7 and replace with the following; "If the Engineer fails to certify in accordance with Sub-Clause 14.6 [Issue of Interim Payment Certificates] or the Employer fails to comply with Sub- Clause 2.4 [Employer's Financial Arrangements] or Sub-Clause 14.7 [Payment], the Contractor may, after giving not less than 21 days' notice to the Employer, suspend work (or reduce the rate of work) unless and until the Contractor has received the Payment Certificate or reasonable evidence of payment, as the case may be and as described in the notice.
Notwithstanding the above, if the Bank has suspended disbursements under the loan or credit from which payments to the Contractor are being made, in whole or in part, for the execution of the Works, which suspension is not attributable to the Contractor's actions or inactions, and no alternative funds are available as provided for in Sub-Clause 2.4 [Employer's Financial Arrangements], the Contractor may by notice suspend work or reduce the rate of work at any time, but not less than seven (7) days after the Borrower having received the suspension notification from the Bank.
The suspension by the Contractor shall not prejudice his entitlements to financing charges under Sub- 42 Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor].

If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in this relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable.
If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to: a. an extension of time for any such delay, if completion is or will be delayed, under Sub- Clause 8.4 [Extension of Time for Completion], and b. payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters .
16.2 Termination by the Contractor Add new Sub-Clause 16.2 (h) and Sub-Clause 16.2 (i) after Sub-Clause 16.2 (g) os follows: "(h) In the event the Bank suspends the loan or credit from which part or whole of the payments to the Contractor are being made, if the Contractor has not received the sums due to him upon expiration of the 14 days referred to in Sub-Clause 14.7 [Payment] for payments under Interim Payment Certificates, the Contractor may, without prejudice to the Contractor's entitlement to financing charges under Sub-Clause 14.8 [Delayed Payment], take one of the following actions: (i) suspend work or reduce the rate of work, or (ii) terminate his employment under the 43 Contract by giving notice to the Employer, with a copy to the Engineer, such termination to take effect 14 days after such notification; or (i) The Contractor does not receive the Engineer's instruction recording the agreement of both Parties on the fulfilment of the conditions for the Commencement of Works under Sub-Clause 8.1 [Commencement of Works]."
17.2 Contractor's care Delete third paragraph of Sub-Clause 17.2 and replace of the Works with the following: "If any loss or damage happens to the Works, Goods or Contractor's Documents during the period when the Contractor is responsible for their care, from any cause (i) not listed in Sub-Clause 17.3 [Employer's Risks], (ii) not considered as an event of Force Majeure, and (iii) any actions not attributable to the Employer, the Engineer, or any of their respective personnel or agents, the Contractor shall rectify the loss or damage at the Contractor's risk and cost, so that the Works, Goods and Contractor's Documents conform with the Contract".
17.3 Employer s Risks Add Sub-Clause 17.3 (i) to Sub-Clause 173 as follows: The provisional sum for Utilities is limited to the amount established on the agreed Cost Component Breakdown.

Any additional costs for the Utilities shall be borne by the Employer under a Variation."

17.4 Consequences of Delete Sub-Clause 17.4(b) and replace with the Employer's Risks following: (b) payment of any such cost, which shall be included in the Contract Price.
Such cost shall be determined in accordance with and applying the rates or prices included in the Cost Component Breakdown".

17.6 Limitation of Liability The total liability of the Contractor shall be limited to the value of the outstanding works at anytime during the execution of the Project 44 18.1(a) Insurance Add the following paragraph: "This Sub-Clause shall not limit liability in case of any fraud or deliberate default by the defaulting Party".
Period for submission of evidence of insurance is twenty-eight (28) days after the Commencement Date.

18.1(b) Period for submission of relevant policies is twenty- eight (28) days after the Commencement Date.

Insert the following at the end of Sub-Clause 18.1: "The Contractor shall be entitled to place all insurances relating to the Contract (including but not limited to the insurance) referred to in Clause 18 [Insurance] with insurers approved by the Employer".
18.2 (d) Insurance for The maximum amount of deductibles shall be Works and Contractors Equipment €5,000.00.
18.3 Insurance against The minimum amount of 3"^^ party insurance is injury to persons €85,000.00 per occurrence with the number of and damage to occurrences unlimited for each Phase, property 18.4 Insurance for Contractor's Personnel Delete the second paragraph of Sub-Clause 18.4 and feplace with the following: "The insurance shall cover the Employer and the Engineer against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor's Personnel, except that this insurance may exclude losses and claims to the extent that they 45 arise from any act or neglect of the Employer or of the Employer's Personnel."
19.1 Definition of Force Majeure Delete Sub-Clause 19.1 (ii) and (Hi) and replace with the following: "(ii) rebellion, terrorism, sabotage by persons other than the Contractor's Personnel, revolution, insurrection, military or usurped power, or civil war, (iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor's Personnel (except for the Contractor's Personnel riot, commotion, disorder or strike caused by a national, regional or sector-wide event of riot, commotion, disorder or strike)."
19.4 Consequences of Delete Sub-Clause 19.4(b) and replace with the Force Majeure following: 20.2 Appointment of the Dispute Adjudication Board (DAB) "(b) payment of any such Cost, which shall be included in the Contract Price.
Such Cost shall be determined in accordance with Sub-clause 14.19, applying the rates or prices included in the Bills of Quantities, to the extent they are not indemnified through the insurance policy referred to in Sub- clause 18.2 [Insurance for the Works and Contractor's Equipment]."

Delete Sub-Clause 20.2 and substitute with following: the Disputes shall be adjudicated by a DAB in accordance with Sub-Clause 20.4 [Obtaining Dispute Adjudication Board's Decision].
The Parties shall Jointly appoint a DAB by the date stated in the Appendix to Tender.

The DAB shall comprise, as stated in the Appendix to Tender, three suitably qualified persons ("the members").

If the DAB is to comprise three persons, each Party shall nominate one member for the approval of the 46 other Party.

The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman.
The agreement between the Parties and each of the three members shall incorporate by reference the General Conditions of Dispute Adjudication Agreement contained in the Appendix to these Particular Conditions.

The terms of the remuneration of each of the three members, including the remuneration of any expert whom the DAB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment.

Each Party shall be responsible for paying one-half of this remuneration.
If at any time the Parties so agree, they may Jointly refer a matter to the DAB for it to give its opinion.

Neither Party shall consult the DAB on any matter without the agreement of the other Party.

If at any time the Parties so agree, they may appoint a suitably qualified person or persons to replace (or to be available to replace) any one or more members of the DAB.
Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment.

If any of these circumstances occur and no such replacement is available, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause.
The appointment by any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone.

Unless otherwise agreed by both Parties, the appointment of the DAB (including each member) shall expire when the discharge referred to in Sub-Clause 14.12 [Discharge] shall have become effective.
20.3 20.4 Failure to agree to Ghana Institution of Surveyors DAB 47 Obtaining Dispute Adjudication Board's Decision Amend First Paragraph of Sub-Clause 20.4: If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Engineer, either Party may refer the dispute in writing to the DAB for its decision, with copies to the other Party and the Engineer.
Such reference shall state that it is given under this Sub-Clause.

Amend Third Paragraph of Sub-Clause 20.4: Both Parties shall promptly make available to the DAB all information and all such additional information, further access to the Site, and appropriate facilities as the DAB may require for the purposes of making a decision on such disputes.

The DAB shall be deemed not to be acting as arbitrator(s).
Amend Fourth Paragraph of Sub-Clause 20.4: Within 84 days after receiving such reference, or within such other period as may be proposed by the DAB and approved by both Parties, the DAB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause.

The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below.
Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract.

Insert the following paragraph after paragraph 6 of Sub-Clause 20.4: 20.6 Arbitration 20.7 Failure to Comply with Dispute Adjudication Board's Decision 48 If the decision of the DAB requires a payment by one Party to the other Party, the DAB may require the payee to provide an appropriate security in respect of such payment.
Arbitration shall be in accordance with the Alternative Dispute Resolution Act, 2010, (Act 798) of Ghana.

The Seat of Arbitration shall be Accra, Ghana.

The Language of Arbitration shall be English.

The Rules of Arbitration shall be the Rules of the International Chamber of Commerce (ICC) and the Arbitral Tribunal shall be composed of three (3) Arbitrators.
Delete Sub-Clause 20.7 and replace with the following: In the event that a Party fails to comply with any decision of the DAB, whether binding or final and binding, then the other Party may, without prejudice to any other rights it may have, refer the failure itself to arbitration under Sub-Clause 20.6 [Arbitration] for summary or other expedited relief, as may be appropriate.
Sub-Clause 20.4 [Obtaining Dispute Adjudication Board's Decision] and Sub-Clause 20.5 [Amicable Settlement] shall not apply to this reference.

49 50 APPENDIX A General Conditions of Dispute Adjudication Board Agreement 1.

Definitions Each "Dispute Adjudication Agreement" is a tripartite agreement by and between: 2.
General Provisions (a) the "Employer"; (b) the "Contractor"; and (c) the "Member" who is defined in the Dispute Adjudication Agreement as being: (i) (ii) one of the three persons who are Jointly called the "DAB" (or "Dispute Adjudication Board") and, where this is the case, the other two persons are called the "Other Members".
The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the "Contract" and is defined in the Dispute Adjudication Agreement, which incorporates this Appendix.

In the Agreement, words and Dispute expressions which are not otherwise defined shall have the meanings assigned to them in the Contract.
Adjudication Unless otherwise stated in the Dispute Adjudication Agreement, it shall take effect on the latest of the following dates: (a) the Commencement Date defined in the Contract, (b) when the Employer, the Contractor and each of the Other Members have respectively each signed a Dispute Adjudication Agreement.

When the Dispute Adjudication Agreement has taken effect, the Employer and the Contractor shall each give notice to the Member accordingly.
If the Member does not receive either notice within six months after entering into the Dispute Adjudication Agreement, it shall be void and ineffective.

This employment of the Member is a personal appointment.

At any time, the Member may give not less than 70 days' notice of resignation to the Employer and to the Contractor, and the Dispute Adjudication Agreement shall terminate upon the expiry of this period.

3.

Warranties 4.
3.

Warranties 4.

General Obligations of the Member 51 No assignment or subcontracting of the Dispute Adjudication Agreement is permitted without the prior written agreement of all the parties to it and of the Other Members.

The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Engineer.
The Member shall promptly disclose, to each of them and to the Other Members, any fact or circumstance which might appear inconsistent with his/her warranty and agreement of impartiality and independence.
When appointing the Member, the Employer and the Contractor relied upon the Member's representations that he/she is: (a) experienced in the work which the Contractor is to carry out under the Contract, (b) experienced in the interpretation of contract documentation, and (cj fluent in the language for communications defined in the Contract.
The Member shall: (a) have no interest financial or otherwise in the Employer, the Contractor or the Engineer, nor any financial interest in the Contract expect for payment under the Dispute Adjudication Agreement; (b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Adjudication Agreement; (c) have disclosed in writing to the Employer, the Contractor and the Other Members, before entering into the Dispute Adjudication Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Engineer, and any previous 52 involvement in the overall project of which the Contract forms part; (d) not, for the duration of the Dispute Adjudication Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except as may be agreed in writing by the Employer, the Contractor and the Other Members; (e) comply with the annexed procedural rules and with Sub-Clause 20.4 of the Conditions of Contract; (f) not give advice to the Employer, the Contractor, the Employer's Personnel or the Contractor's Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules; (g) not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Engineer regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Adjudication Agreement; (h) ensure his/her availability for all site visits and hearings as are necessary; (i) become conversant with the Contract and with the progress of the Works (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a current working filO/ 0) treat the details of the Contract and all the DAB's activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the Other Members; and (k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members.
5.

General Obligations of the Employer The Employer, the Contractor, the Employer's Personnel and the Contractor's Personnel shall not request advice from or consultation with the Member regarding the and the Contractor 53 Contract, otherwise than in the normal course of the dab's activities under the Contract and the Dispute Adjudication Agreement, and except to the extent that prior agreement is given by the Employer, the Contractor and the Other Members.
The Employer and the Contractor shall be responsible for compliance with this provision, by the Employer's Personnel and the Contractor's Personnel respectively.
The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members: (a) be appointed as an arbitrator in any arbitration under the Contract; (b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or (c) be liable for any claims for anything done or omitted in the discharge or purported discharge of the Member's functions, unless the act or omission is shown to have been in bad faith.
The Employer and the Contractor hereby Jointly and severally indemnify and hold the Member harmless against and from any claims from which he/she is relieved from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the DAB under Sub-Clause 20.4 of the Conditions of Contract, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the Member.

No account shall be taken of any other payment due or paid to the Member.

6.
Payment The Member shall be paid as follows, in the currency named in the Dispute Adjudication Agreement: (a) a retainer fee per calendar month, which shall be considered as payment in full for: 54 (i) being available on 28 days' notice for all site visits and hearings; (ii) becoming and remaining conversant with all project developments and maintaining relevant files; (iii) all office and overhead expenses including secretarial services, photocopying and office supplies incurred in connection with his duties; and (iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of this Clause.
The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Adjudication Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Works.

With effect from the first day of the calendar month following the month in which the Taking-Over Certificate is issued for the whole of the Works, the retainer fee shall be reduced by 50%.
This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Adjudication Agreement is otherwise terminated.
(b) a daily fee which shall be considered as payment in full for: (i) each day or part of a day up to a maximum of two days' travel time in each direction for the journey between the Member's home and the Site, or another location of a meeting with the Other Members; (ii) each working day on Site visits, hearings or preparing decisions; and (iii) each day spent reading submissions in preparation for a hearing.
(c) all reasonable expenses including necessary travel expenses (air fare in less than first class, hotel and 55 subsistence and other direct travel expenses) Incurred in connection with the Member's duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause; (d) any taxes properly levied in the Country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause 6.
The retainer and daily fees shall be specified in the Dispute Adjudication Agreement.

Unless it specifies otherwise, these fees shall remain fixed for the first 24 calendar months, and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at each anniversary of the date on which the Dispute Adjudication Agreement became effective.
If the parties fail to agree on the retainer fee or the daily fee, the appointing entity or official named in the Contract Data shall determine the amount of the fees to be used.

The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance.

Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site meeting or hearing.
All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member's invoices in full within 56 calendar days after receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-half of the amounts of these invoices.

The Employer shall then pay the Contractor in accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is entitled under the Dispute Adjudication Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the 56 DAB; and without prejudice to the Employer's rights and remedies.
In addition to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in Sub-Clause 14.8 of the Conditions of Contract.

If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under Clause 7.
At any time: (i) the Employer and the Contractor may Jointly terminate the Dispute Adjudication Agreement by giving 42 days' notice to the Member; or (ii) the Member may resign as provided for in Clause 2.

If the Member fails to comply with the Dispute Adjudication Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member.

The notice shall take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Adjudication Agreement, the Member may without prejudice to his/her other rights, terminate it by notice to the Employer and the Contractor.

The notice shall take effect when received by both of them.

Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member.

However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.
If the Member fails to comply with any obligation under Clause 4, he/she shall not be entitled to any fees or expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members, for proceedings or decisions of the DAB which are rendered void or ineffective.

7.

Termination 8.

Default of the Member 9.


Disputes Any dispute or claim arising out or in connection with this Dispute Adjudication Agreement, or the breach.

57 termination or invalidity thereof, shall be finally settled under the Roles of Arbitration of the International Chamber of Commerce (ICG) by one Arbitrator appointed in accordance with these Rules of Arbitration.
58 PROCEDURAL RULES Unless otherwise agreed by the Employer and the Contractor, the DAB shall visit the site at intervals of not more than 140 days, including times of critical construction event, at the request of either the Employer, or the Contractor.

Unless otherwise agreed by the Employer, the Contractor and the DAB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below.
The timing of and agenda for each site visit shall be as agreed jointly by the DAB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DAB.

The purpose of site visits is to enable the DAB to become and remain acquainted with the progress of the Works and of any actual or potential problems or claims.

Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be co-ordinated by the Employer in co-operation with the Contractor.
The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services.
At the conclusion of each site visit and before leaving the site, the DAB shall prepare a report on its activities during the visit and shall sent copies to the Employer and the Contractor The Employer and the Contractor shall furnish to the DAB one copy of all documents which the DAB may request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract.
All communications between the DAB and the Employer or the Contractor shall be copied to the other Party.

If the DAB comprises three the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons.

If any dispute is referred to the DAB in accordance with Sub-Clause 20.4 of the Conditions of Contract, the DAB shall proceed in accordance with Sub-Clause 20.4 and these Rules.
Subject to the time allowed to give notice of a decision and other relevant factors, the DAB shall: (a) act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportunity of putting his case and responding to the other's case, and (b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
The DAB may conduct a hearing on the dispute, in which event it will decide on the date and place for the hearing and may request that written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing.
59 7 Except as otherwise agreed in writing by the Employer and the Contractor, the DAB shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Engineer, and to proceed in the absence of any party who the DAB is satisfied received notice of the hearing; but shall have discretion to decide whether and to what extent this power may be exercised.
8 The Employer and the Contractor empower the DAB, among others to: (a) establish the procedure to be applied in deciding a dispute, (b) decide upon the DAB's own jurisdiction, and as to the scope of any dispute referred to it, (c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those contained in the Contract and these Rules, (d) take the initiative in ascertaining the facts and matters required for a decision, (e) make use of its own specialist knowledge, if any, (f) decide upon the payment of financing charges in accordance with the Contract, (g) decide upon any provisional relief such as interim or conservatory measures, and (h) open up, review and revise any certificate, decision, determination, instruction, opinion or valuation of the Engineer, relevant to the dispute.
9 The DAB shall not express any opinions during any hearing concerning the merits of any arguments advanced by the Parties.

Thereafter, the DAB shall make and give its decision in accordance with Sub-Clause 20.4, or as otherwise agreed by the Employer and the Contractor in writing.
If the DAB comprises three persons: (a) it shall convene in private after a hearing, in order to have discussions and prepare its decision; (b) it shall endeavour to reach a unanimous decision: if this proves impossible the applicable decision shall be made by a majority of the Members, who may require the minority Member to prepare a written report for submission to the Employer and the Contractor; and (c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two Members may nevertheless proceed to make a decision, unless: 60 (i) either the Employer or the Contractor does not agree that they do so, or (11) the absent Member is the chairman and he/she instructs the other Members not to make a decision.
Annex A: Performance Security (Demand Bank Guarantee) [LETTER HEAD OF GUARANTOR] Performance Security (Demand Bank Guarantee) PERFORMANCE GUARANTEE No.

: Date: TO: THE HONOURABLE MINISTER MINISTRY OF ROADS AND HIGHWAYS ACCRA THROUGH: THE DIRECTOR DEPARTMENT OF URBAN ROADS ACCRA Whereas [name and address of Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of Contract No.
[number] dated [date] to execute [name of Contract and brief description of Works] (hereinafter called "the Contract"); And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; And whereas we have agreed to give the Contractor such a Bank Guarantee; Now therefore we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of [amount of Guarantee] [amount in words],^ such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract, and denominated either in the currency(ies) of the Contract or in a freely convertible currency acceptable to the Employer.

62 We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall be valid until a date 28 days from the date of issue of the Performance Certificate.
Seal of the Guarantor Name of Bank Address Date SIGNED ON on behalf of the Guarantor By {Name and Signature) in the capacity of In the presence of {Witness) {Name and Signature) of in the capacity Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product 63 Annex B: Performance Security (Bond) [LETTER HEAD OF GUARANTOR] Performance Security (Performance Bond) PERFORMANCE BOND No.
: Date: TO: THE HONOURABLE MINISTER MINISTRY OF ROADS AND HIGHWAYS ACCRA THROUGH: THE DIRECTOR DEPARTMENT OF URBAN ROADS ACCRA.
Dear Sir NAME OF CONTRACT: By this Bond [insert name of Principal] as Principal (hereinafter called "the Contractor") and [insert name of Surety] as Surety (hereinafter called the Surety"), are held and firmly bound unto [insert name of Employer] as Obligee (hereinafter called "the Employer") in the amount of [insert amount in words and figures], for the payment of which sum well and truly to be made in the types and proportions of currencies in which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas the Contractor has entered into a Contract with the Employer to execute [name of Contract and brief description of Works] (hereinafter ca ed the Contract"); And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bond by a recognize on ing agency for the sum specified therein as security for compliance with his obligations in accordance with the Contract; And whereas we have agreed to give the Contractor such a Bond; NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall promptly and faithfully perform the said Contract (including any 64 amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the Contract, the Employer having performed the Employer's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) complete the Contract in accordance with its terms and conditions; or (2) obtain a Bid or bids from qualified Bidders for submission to the Employer for completing the Contract in accordance with its terms and conditions, and upon determination by the Employer and the Surety of the lowest responsive Bidder, arrange for a Contract between such Bidder and Employer and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the Balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term "Balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Employer to Contractor under the Contract, less the amount properly paid by Employer to Contractor, or (3) pay the Employer the amount required by Employer to complete the Contract in accordance with its terms and conditions up to a total not exceeding the amount of this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
This Bond shall be valid up to a date one year from the date of issuing the Performance Certificate.

Any suit under this Bond must be instituted before the expiration of one year from the date of the issuing of the Performance Ce i ica e. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Employer named herein or e eirs, executors, administrators, successors, and assigns of the Employer.
In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the Surety has caused these presents to be sealed with his corporate 65 seal duly attested by the signature of his legal representative, this day of 20 .

SIGNED ON on behalf of the Surety By (Name and Signature) in the capacity of.

In the presence of (Witness) (Name and Signature) of in the capacity SIGNED ON on behalf of the Contractor By (Name and Signature).
in the capacity of In the presence of (Witness) (Name and Signature) capacity of in the Annex C: Advance Payment Guarantee [LETTER HEAD OF GUARANTOR] Advance Payment Guarantee No.

: Date: 66 TO: THE HONOURABLE MINISTER MINISTRY OF ROADS AND HIGHWAYS ACCRA THROUGH: THE DIRECTOR DEPARTMENT OF URBAN ROADS ACCRA.
Dear Sir, NAME OF CONTRACT: BANK GUARANTEE FOR ADVANCE PAYMENT In accordance with the provisions of the Conditions of Contract, Clause 14.2 ("Advance Payment") of the above-mentioned Contract, [name and address of Contractor] (hereinafter called "the Contractor") shall deposit with MINISTRY OF ROADS AND HIGHWAYS an unconditional and irrevocable Bank Guarantee to guarantee the Contractor's proper and faithful repayment of the Advance Mobilisation monies amounting to [amount of Guarantee] [amount in words].
We, the [Bank or Financial Institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to MINISTRY OF ROADS AND HIGHWAYS on their first demand without whatsoever right of objection on our part and without theirfirst claim to the Contractor, in the amount not exceeding the outstanding balance of the Advance Mobilisation monies.
We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the Contract Documents which may be made between MINISTRY OF ROADS AND HIGHWAYS and the Contractor, shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.
This Guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until MINISTRY OF ROADS AND HIGHWAYS recovers full repayment of the said amount from the Contractor.

For and On Behalf of:- Name of Bank: Address: Seal: Name of Authorised Representative of the Bank: Signature of Authorised Representative: Designation of Authorised Representative:.
Date: Witness: Name: Signature: Designation: Date: Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted.

68 Annex D: Retention Money Security [LETTER HEAD OF GUARANTOR] Retention Money Security Demand Guarantee Retention Money Guarantee No.
: Date: TO: THE HONOURABLE MINISTER MINISTRY OF ROADS AND HIGHWAYS ACCRA THROUGH: THE DIRECTOR DEPARTMENT OF URBAN ROADS ACCRA Dear Sir, We have been informed that_ "the Contractor") has entered into Contract No.

contract] dated of contract and brief description o/^Works; (hereinafter called "the Contract").
[name of Contractor] (hereinafter called [reference number of the [name with you, for the execution of Furthermore, we understand that, according to the Conditions of the Contract, [name and address of Contractor] (hereinafter called "the Contractor") shall deposit with MINISTRY OF ROADS AND HIGHWAYS an unconditional and irrevocable Bank Guarantee to guarantee the payment of Retention Money amounting to [amount in words] which would have been retained.
[amount of Guarantee] We [name of Bank or Financial Institution], as instructed by the Contractor, hereby irrevocably undertake to pay you any sum or sums not ) exceeding in total an amount of .. [amount in words]^ Upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract.
[nmn,mt in figures] ( The Guarantor shall insert an amount representing the amount the Retention Money denominated either in the currency(ies) the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the Employer.

69 This guarantee shall expire, at the latest, 28 days after the date when the Employer has received a copy of the Defects Liability Certificate issued by the Engineer.
Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.

For and On Behalf of:- Name of Bank or Financial Institution: Address: Seal: Name of Authorised Representative of the Bank or Financial Institution Signature of Authorised Representative:.

Designation of Authorised Representative:.


Date: Witness: Name: Signature: Designation: Date: Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product 70 Section 5: General Conditions of Contract The Conditions of Contract comprise the "General Conditions" which form part of the "Conditions of Contract for Plant and Design Build" First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC).
These Conditions are subject to the variations and additions set out in Section 4, Particular Conditions of Contract.

71 Copies of the FIDIC Conditions of Contract can be obtained from: FIDIC Secretariat P. O.

Box 86 CH-1000 Lausanne 12 Switzerland Fax: +41 21 653 5432 Telephone: +41 24 654 4411 Email: fidic(g)pobox.com URL: http://www.fidic.ora PARLIAiCHT CF GFi/FiA LIBRARY The following represents the table of contents of the applicable conditions of 72 contract: 1.
GENERAL PROVISIONS 1.1 1.2 Definitions Interpretation Communications 1.3 Law and Language 1.4 Priority of Documents 1.5 Contract Agreement 1.6 Assignment 1.7 Care and Supply of Documents 1.8 1.9 Errors in the Employer's Requirements 1.10 Employer's Use of Contractor's Documents 1.11 Contractor's Use of Employer's Documents 1.12 Confidential Details 1.13 Compliance with Laws 1.14 Joint and Several Liabilities 2.
THE EMPLOYER 2.1 2.2 2.3 2.4 2.5 Right of Access to the Site Permits, Licenses or Approvals Employer's Personnel Employer's Financial Arrangements Employer's Claims 3.

THE ENGINEER 3.1 3.2 3.3 3.4 3.5 Engineer's Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations 4.
THE CONTRACTOR 4.1 4.2 4.3 4.4 4.5 Contractor's General Obligations Performance Security Contractor's Representative Subcontractors Nominated Subcontractors 73 Co-Operation Setting Out Safety Procedures Quality Assurance 4.6 4.7 4.8 4.9 4.10 Site Data 4.11 Sufficiency of the Contract Price 4.12 Unforeseeable Difficulties 4.13 Rights Of Way and Facilities 4.14 Avoidance of Interference 4.15 Access Route 4.16 Transport of Goods 4.17 Contractor's Equipment 4.18 Protection of the Environment 4.19 Electricity, Water and Gas 4.20 Employer's Equipment and Free-Issue Materials 4.21 Progress Reports 4.22 Security of the Site 4.23 Contractor's Operations on Site 4.24 Fossils 5.
DESIGN 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 General Design Obligations Contractor's Documents Contractor's undertaking Technical Standards and Regulations Training As-Built Documents Operation and Maintenance Manuals Design Error 6.
STAFF AND LABOUR Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Flours Facilities for Staff and Labour Health and Safety Contractor's Superintendence Contractor's Personnel 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 Records of Contractor's Personnel and Equipment 74 6.11 Disorderly Conduct 7.
PLANT, MATERIALS AND WORKMANSHIP 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Manner of Execution Samples Inspection Testing Rejection Remedial Work The Ownership of Plant and Materials Royalties 8.
COMMENCEMENT, DELAYS AND SUSPENSION Commencement of Works Time for Completion Programme Extension of Time for Completion Delays Caused By Authorities Rate of Progress Delay Damages Suspension of Work Consequences of Suspension 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 Payment for Plant and Materials in Event of Suspension 8.11 Prolonged Suspension 8.12 Resumption of Work 9.

TESTS ON COMPLETION 9.1 9.2 9.3 9.4 Contractor's Obligations Delayed Tests Retesting Failure to Pass Tests on Completion 10.
EMPLOYER'S TAKING OVER 10.1 Taking Over Of the Works and Sections 10.2 Taking Over Of Parts of the Works 10.3 Interference with Tests on Completion 10.4 Surfaces Requiring Reinstatement 11.
DEFECTS LIABILITY 75 11.1 Completion of Outstanding Work and Remedying Defects 11.2 Cost of Remedying Defects 11.3 Extension of Defects Notification Period 11.4 Failure to Remedy Defects 11.5 Removal of Defective Work 11.6 Further Tests 11.7 Right of Access 11.8 Contractor to Search 11.9 Performance Certificate 11.10 Unfulfilled Obligations 11.11 Clearance of Site 12.
TESTS AFTER COMPLETION 12.1 Procedure for Test after Completion 12.2 Delayed Tests 12.3 Retesting 12.4 Failure to Pass Tests after Completion 13.

VARIATIONS AND ADJUSTMENTS 13.1 Right to Vary 13.2 Value Engineering 13.3 Variation Procedure 13.4 Payment in Applicable Currencies 13.5 Provisional Sums 13.6 Day work 13.7 Adjustments for Changes in Legislation 13.8 Adjustments for Changes in Cost 14.
CONTRACT PRICE AND PAYMENT 14.1 The Contract Price 14.2 Advance Payment 14.3 Application for Interim Payment Certificates 14.4 Schedule of Payments 14.5 Plant and Materials Intended for the Works 14.6 Issue of Interim Payment Certificates 14.7 Payment 14.8 Delayed Payment 14.9 Payment of Retention Money 14.10 Statement at Completion 76 14.11 Application for Final Payment Certificate 14.12 Discharge 14.13 Issue of Final Payment Certificate 14.14 Cessation of Employer's Liability 14.15 Currencies of Payment 15.
TERMINATION BY EMPLOYER 15.1 Notice to Correct 15.2 Termination by Employer 15.3 Valuation at Date of Termination 15.4 Payment after Termination 15.5 Employer's Entitlement to Termination 16.

SUSPENSION AND TERMINATION BY CONTRACTOR 16.1 Contractor's Entitlement to Suspend Work 16.2 Termination by Contractor 16.3 Cessation of Work and Removal of Contractor's Equipment 16.4 Payment on Termination 17.
RISK AND RESPONSIBILITY 17.1 Indemnities 17.2 Contractor's Care of the Works 17.3 Employer's Risks 17.4 Consequences of Employer's Risks 17.5 Intellectual and Industrial Property Rights 17.6 Limitation of Liability 18.

INSURANCE 18.1 General Requirements for Insurances 18.2 Insurance for Works and Contractor's Equipment 18.3 Insurance against Injury to Persons and Damage to Property 18.4 Insurance for Contractor's Personnel 19.
FORCE MAJEURE Definition of Force Majeure 19.1 19.2 Notice of Force Majeure 19.3 Duty to Minimize Delay 19.4 Consequences of Force Majeure 77 19.5 Force Majeure Affecting Subcontractor 19.6 Optional Termination, Payment and Release 19.7 Releases from Performance under Law 20.
CLAIMS, DISPUTES AND ARBITRATION 20.1 Contractor's Claims 20.2 Appointment of the Dispute Adjudication Board 20.3 Failure to Agree Dispute Adjudication Board 20.4 Obtaining Dispute Adjudication Board's Decision 20.5 Amicable Settlement 20.6 Arbitration 20.7 Failure to Comply with Dispute Adjudication Board's Decision 20.8 Expiry of Dispute Adjudication Board's Appointment 78 Section 6: Employer's Requirements 79 EMPLOYER'S REQUIREMENTS The purpose of the Employer's Requirements document is to: 1.
Set out precisely the requirements of the Employer to facilitate Contractors to price the works accurately; 2.

Describe and determine the result to be achieved by the Contractor; 3.

Specify the project requirement in terms of performance parameters or specifications; and 4.

Remove any risk of unforeseen costs for elements of work that have not been accounted for.
1.0 PROJECT BACKGROUND Roads in Ghana play very important role in the transportation of goods and passengers as over 95% of all travel is by road.

It provides easy access to different locations of social and economic importance such as education, health facilities, markets, shops etc, access to these facilities are essential for economic development and the improvement of the quality of life.
The Government of Ghana (GOG) recognizes the importance of road transport in facilitating socio-economic development of the nation.

It is in this direction that the National Transport Policy of the Ministry of Roads and Highways (MRH) set out objectives to create an integrated, efficient, cost-effective and sustainable transport system responsible to the needs of society, supporting growth and poverty reduction.
In line with these strategic objectives, the Department of Urban Roads (DUR) seeks to reduce the average travel time on the arterial roads especially at intersections and to progressively reduce the walking and waiting time for public transport in low income communities in the urban areas of Ghana.

Congestion and poor conditions of the existing road network coupled with the limited supply of alternative routes has resulted in long travel times and high vehicle operating cost.
The existing roads also have limited facilities for pedestrians, particularly vulnerable pedestrians (children, aged and the physically challenged) which make them unsafe.

The intersections being considered are all at grade and with the high volumes during the peak periods congestion has become intolerable.

80 These factors militate against the potential of the road infrastructure contribution to economic development and improved quality of life of the people of Kumasi and the nation as a whole.
Project Overview 1.1 The Ashanti Region has a land size of 24,390 square kilometres, which is about 10.2% of the land area of Ghana.

The region shares common boundaries, to the north with Brong Ahafo; to the south with Central Region, to the east with Eastern Region and to the west with Western Region.

Ashanti is the most heavily populated region in Ghana, with a population of 4,780,380 (2010 Housing and Population Census, Ghana Statistical Service).

The region has a population density of 196 per sq.


km.

The region is often referred to as the seat of the country's culture.

The main economic activities in the region are agriculture and mining.

Major crops grown include cocoa, oil palm, plantain, maize, yam, cassava, vegetables and citrus.

Its infrastructure, includes roads, bridges, ports, railways and other related facilities.

An important transport corridor connecting the southern area and northern area goes through Greater Kumasi.
Since Kumasi is located in the central area of Ghana, it plays the role of transport and logistics center not only for the Ashanti Region, but also as a gateway to the northern area of Ghana.

However, Kumasi City has suffered from traffic congestion in its central area, similar to cases in most large urban areas.

The Kumasi road network is characterized by deteriorated road surfaces and missing links.
As far as provision of alternative routes is concern to people living in the surrounding districts, the proposed rehabilitation will have a tremendous and important impact that would give users better conditions.

To sustain the roles as a gateway and transport/logistics corridor, it is necessary for the Greater Kumasi Sub-Region to enhance and requalify these roads.
Furthermore, it is important to utilize it not only to strengthen the bypass transport function, but also to promote the development of urban centers and residential areas.

In this direction, the REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100KM) PH.
#1 aims at the following: • Increase level of service and improve considerably trafficability (considering the roads and streets classes); 81 • Provide a better class auxiliary infrastructure for Kumasi City Centre by rehabilitating the Inner Ring and its adjacent streets; • Transform and improve the city sub-centers at major Junctions along the Inner Ring Road; In order to carry out these improvements, it is necessary to develop the basic design concept and evaluate its economic and financial viability, based on the site evaluation that should be carried out and projected for the intervention horizon.
2.0 PROJECT DESCRIPTION The Project involves REHABILITATION AND AUXILIARY INFRASTRUCTURE OF KUMASI INNER RING ROAD AND ADJACENT STREETS PROJECT (100KM) PH.

#1.

The Project has become necessary because the streets of Kumasi, due to the high traffic flow, have been degraded over time.

Within the scope of this issue, the Contractor should present a solution to rehabilitate and construct some of the roads to provide proper functioning of the city's road network.
The fast and reliable movement of materials, equipment and persons reduces the transportation costs, increasing competitiveness therefore stimulating the economy.

The safe and efficient flow of traffic is a major concern, and the solution presented will help to fulfill the needs of the city.

Extreme care should be exercised to reduce the inconveniences and hazards that will come during the works execution (few traffic diversions and sign boards will be designated for these activities).
The conceptual study object of this document represents the improvements to be made on some roads of Kumasi that plays a key role in the city.

The City's minor arterials and collector roads within some communities have deteriorated for lack of maintenance.

The surface condition of the roads is in a fair to poor condition.

Some of the roads have lots of potholes.

Some of the roads have not had any periodic maintenance activity on them over long periods of time.
Pothole patching has not been able to address the maintenance challenges that are encountered on the roads.

Rapid development of potholes and sectional deterioration of minor arterials and collector roads are evident after every rainy season.
The solutions should adopt the following: • maintain the same width of the roads as much as practicable; • provide drainage structures where appropriate; 82 • provide double bituminous surface as appropriate; • provide asphaltic concrete where appropriate; • provide road line markings; and • provide road signs.
Some of the communities that require urgent attention in order to preserve the existing paved network include the following: MANHYIA Alabar, Ashtowa Kofrom West Nigrition, Buokrom and Bruokrom Estate area.

TAFO/ PANKRONO Old Town, Adompomu West and Tafo Nhyiaeso area.

SUAME Breman Central Town, New York, Abouhia, New Suame, Maakro Town, Old Suame and Suame Market area.

BANTAMA Ohuim, Abrepo Asuoboteng, Bohyen, Kokoso and Adumanu area.
KWADASO Asuoyeboa,Ohwimase, Dechemboso, Tanoso Market, Awemu, Nsuon, Asuoyeboa area.

NHYIAESO Apraman, Adiemmra, Atasomanso, Fankyenebra, Santasi and Patasi Old Town area.

ASOKWA Chiapatre, Atonosu West, Atonosu Town, Dompose and Ahensan Estate area.

AFORIKROM Bomso, Akatego, Kentinkrono, Nsine, Oduom and Awomaso area.

SUBIN Afful Nkwanta, Asokwa, Amakrom and Fante Town area.

The Project location is shown in the Figure 1 below. )
U o o M 3.0 SCOPE OF PROJECT 3.1 Project Scope The scope of works to be undertaken on this Project shall comprise the design and execution of the Rehabilitation, Construction of Selected Roads and Auxiliary Infrastructure in Kumasi (100km), using the approved Contractor's Conceptual Study.
The roads to be executed under the Project should be selected by the Employer within the road list previously assessed by the Contractor; and The Scope shall comprise provision of: drainage structures where appropriate double bituminous surface as appropriate asphaltic concrete where appropriate road line markings and road signs.

3.2 Design of the Works Route Location The layout of the Project shall generally conform to the approved layout from the Town and Country Planning Department.
Topographical studies will be undertaken to confirm the availability of the proposed Right-of-Way (ROW).

All major storm channels shall be included in this topographical study and where modifications are required the necessary proposals will be made, discussed and confirmed by the statutory planning authority.

Major obstacles within the proposed Right-of-Way shall be identified during the design stage.
Topographical Surveys All necessary topographical data shall be collected in digital format to help the design required for the interchange.

The data shall include the existing ground model and details of all existing physical features above ground within 15m of the limits of the proposed Right of Way.

All survey information shall be linked to the National Grid and shall be reproducible in AUTOCAD or any graphic software to any scale.
Traffic Surveys The Contractor shall collect, during the design stage, and analyze all relevant traffic data necessary for the project, this may include.

Traffic counts.

Turning Movement Counts, Origin-Destination Surveys, Parking Surveys, Public Transport Surveys, etc.

The objectives of the traffic data collection are to: 85 Project the design year traffic flow 1.

Analyse junction and link capacities; ii.
Estimate public transport demand and supply V. Determine design year pavement loading characteristics; and V. Undertake economic evaluation of the project Environmental and Social Impact Base Line Data The Contractor shall collect all relevant baseline data required to update the Environmental and Social Impact Assessment Report of the project to meet the requirements of the Environmental Protection Act (Act 490) of 1990, LI 1652 on Environmental Impact Assessments.
Geotechnical Investigations All subsoil investigation reports shall be reviewed to help with the assessment and design of road pavement, earth retaining structures and foundations to bridges and other structures.

Hydrological Studies All hydrological data shall be reviewed to verify sizing of primary or secondary storm drains, roadside drains and culverts.
The Contractor must coordinate his activities with the Hydrological Division of Ministry of Water Resources, Works and Housing for proper implementation.

An inventory of existing drains, culverts, streams or creeks shall be prepared.
Utility Routes and Relocation Adequate liaison shall be established with all the Utility Authorities like Ghana Water Company Limited (GWCL), Telecom Operators, and Electricity Company of Ghana (ECG), to obtain the present location of all their pipes, cables, plants and facilities.

Information on their development plants for their long-term program should also be collected.

The information should be represented on Utility Plans to the same accuracy as all other topographical data.
Where necessary, trial holes should be sunk to locate accurately the indicated utilities.

On a base map showing existing utilities, proposals for routes should be prepared in sufficient detail to help wit re oc 'ty ines and for future utility works.

For drawings prepare mapping of existing utilities shall be indicated and costs for relocation of such utilities incorporated in the final cost of the project.
relocation of Geometric Design of Roads Geometric design of the roads must provide adequate vertical ^ horizontal details relating to existing and proposed physical features of the route.

In general, drawings will be to a scale of 1:1000.

86 Geometric Design of Intersections General arrangement drawings and vertical and horizontal alignment drawings for the major and minor intersections shall be provided to a scale of 1:500 or any other appropriate scale.
Right Of Way Drawings These shall be at a scale of 1:2500 and shall be in a format that is approved by the Land Commission Secretariat for the acquisition of Road Right of Way.

In the situation that the Road ROW has been acquired the Contractor shall survey and reproduce the ROW to verify its availability.

He shall also make recommendations for additional land and provide drawings for the acquisition.
Drainage Design Based on the necessary Hydrological data, the project shall be designed for the effective drainage of the roads, intersections and bridges.

A schedule for all crossings shall be prepared and represented on the geometric design drawings in sufficient detail.

Subsoil drainage systems, where required will also be designed for construction.

The Upstream and downstream of all drainage systems will not be taken into consideration according to Employer's Instruction.
Pavement Design Based on the information previously collected, recommendation shall be made for the relevant pavement configuration for roads, walkways, non-motorized traffic routes, bus-bays and any other relevant facility.

Structural Design All structures, including bridges and culverts, must be designed in accordance with DUR standard details.

Detail drawings shall be prepared to indicate function, construction details and estimation details.
Traffic Signal Operations Where traffic signals are required, adequate capacity analysis must be undertaken to justify the number of lanes recommended for each movement and the staging design.

The location of all poles, signal heads, controllers, detectors and any other ancillary facility must be clearly indicated on the drawing.

Details for ducting and cabling must also be provided.

Strong consideration must be given to the use of solar powered traffic signals.
Street Lights Details must be provided for the installation of street-lights for adequate lighting of all facilities within the ROW and intersections.

The Contractor is to liaise with 87 the Electricity Company of Ghana and the Ministry of Energy for their advice and any Specifications they may have for street-lights.
Road Furniture and Marking The Contractor must provide adequate information on the drawings for all road signs, markings and other furniture that is required for information and safe operation of the roads.

Landscaping & Public Art The design must make provision for landscaping and public art along the approach roads and surrounding areas in a way that will create a pleasant urban environment during day and night and address the requirements of the Environmental Protection Agency.
Utility Relocation and Ducts On a base map showing existing utilities, proposals for relocation and new utility routes should be prepared in sufficient detail to help with relocation ahead of scheme implementation and for future utility works.

The relocation schemes should be discussed with the utility agencies and evidence of agreements reached with the utility agencies should be included in the relocation drawings.

The Contractor is advised to make adequate provision in his proposals for this.
Impact Assessment Reports The Environmental and Social Management Plans shall be updated by the Contractor.

By Environmental and Social Management Plans, one has to understand Environmental Management Plan (EMP) for the Environment matters, and Property Impact Assessment Report, Social Impact Assessment Report and Resettlement Action Plan for the social matters.
Property Impact Assessment Report The Employer shall be responsible for land acquisition and compensation of Project Affected Persons for the Contract.

The Contractor, in liaison with the Land Valuation Board (LVB), shall prepare the Property Impact Assessment Report which shall address the following issues: i.

Inventory of all affected properties including land, permanent structures and temporary structures.

ii.
ii.

list of all properties and interests affected by the design that can be acquired by the State Lands Act (Act 125 of 1962) and estimated the amount of compensation required for each.

iii.

List of all temporary structures affected by the design and estimate the amount of "Supplemental Assistance" required for each to help them move their properties from the ROW.
Compensation and Supplemental Assistance must be estimated to meet the requirements of the Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

The valuation report must be submitted to the LVB Board for approval.
The Employer shall be responsible for the expropriation of all affected properties including land identified by the Property Impact Assessment Report and pay the respective compensation, The site shall be given by the Employer to the Contractor after all required expropriation.

Social Impact Assessment Report The Contractor shall update the Social Impact Assessment Report, which shall address the following issues: i.
Identify the groups of people affected directly or indirectly by the project and indicate the extent and severity of the impact.

Both positive and negative impacts must be assessed ; ii.

Prepare an inventory of all individuals affected by the project in such a manner that they may have to move residence or business to another location; iii.

Propose mitigation measures for the negative impacts for the groups identified in (i) above ; iv.
Propose mitigation measures for the individuals identified in (ii) above.

V. Propose an implementation and monitoring plan for the mitigation mo3Ci iroc measures vi.The mitigation measures proposed shall meet the requirements of Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

Resettlement Action Plan The Contractor shall proceed to prepare a Resettlement Action Plan in accordance to the Resettlement policy of the Ministry of Roads and Highways.
The cost of implementation of the Resettlement Action Plan shall be borne by the Employer.

89 Environmental Impact Statement and Environmental Management Plan (EMP) The Contractor shall update the Environmental Impact Assessment Report, which fully meet the requirements of the Environmental Protection Act (Act 490) of 1999 and L11652.

The Contractor shall address all issues raised by the EPA in relation to the submission.
Appropriate recommendation shall be made in the report to mitigate all negative impacts.

Positive impacts shall be highlighted.
Design Reports The following Design Reports shall be presented according to the following schedule; Design/Report Preliminary Design Report Draft Final Design Report Final Detailed Design Report Quantity No) Period 10 10 10 Two (2) month after Commencement Two (2) months after approval by Employer of Preliminary Design One (1) month after approval by Employer of Draft Final Design Report Consultation with Stakeholders The Contractor will establish consultative channels with the respective Metropolitan/Municipal Assembly, Town and Country Planning Department, utility agencies and other identifiable stakeholders during the services and at identifiable stages.
A major consultation with stakeholders will also take place within the period for the Preliminary Design.

The Contractor will be expected to make a verbal presentation and answer questions.

He is also expected to take note of various comments made during the forum for further discussion with the Employer and major stakeholders prior to the Detail Design.

The Contractor shall be responsible for all arrangements and logistics for the forum and stakeholder consultations.
Adequate provision should be made for these in the proposals.

3.3.

Cost Component Breakdown The Contractor shall present Cost Component Breakdown for all the Works on which the Contractor's Statement will be based, using the form described in the Contractor's Proposal.

Cost Component Breakdown shall also be provided for each Phase.

Adequate provision must be made for facilities required by the 90 Engineer for the supervision of the Works (Design and Execution), resettlement and supplemental assistance.
Provision should also be made for measures to mitigate the environmental and social impact of the project.

3.4 Cost Estimate The Contractor's Proposal shall present a Cost Component Breakdown based on the most current prices at the time.
4.0 PROPOSED FORM OF CONTRACT The proposed form of contract for this Contract shall be the "Conditions of Contract for Plant and Design Build" First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC), subject to any variations and additions set out in the Particular Conditions of Contract.

Copies of the FIDIC Conditions of Contract can be obtained from: FIDIC Secretariat P. O.
Box 86 CH-1000 Lausanne 12 Switzerland Fax: +41 21 653 5432 Telephone: +41 24 654 4411 Email: fidic@pobox.com URL: http://www.fidic.org 5.0 QUALITY OF WORKMANSHIP FOR THE WORKS 5.1 Standard Specifications The Standard Specification that shall apply for the Works is the: "Standard Specification for Road and Bridge Works" published by the then Ministry of Transportation (now Ministry of Roads and Highways) dated July 2007.
Work shall be carried out in accordance with the Standard Specification except as supplemented, modified or revised in the Special Specifications attached to these Employer's Requirements.

Where the Special ii.

list of all properties and interests affected by the design that can be acquired by the State Lands Act (Act 125 of 1962) and estimated the amount of compensation required for each.

iii.
iii.

List of all temporary structures affected by the design and estimate the amount of "Supplemental Assistance" required for each to help them move their properties from the ROW.

Compensation and Supplemental Assistance must be estimated to meet the requirements of the Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

The valuation report must be submitted to the LVB Board for approval.
The Employer shall be responsible for the expropriation of all affected properties including land identified by the Property Impact Assessment Report and pay the respective compensation.

The site shall be given by the Employer to the Contractor after all required expropriation.

Social Impact Assessment Report The Contractor shall update the Social Impact Assessment Report, which shall address the following issues: i.
Identify the groups of people affected directly or indirectly by the project and indicate the extent and severity of the impact.

Both positive and negative impacts must be assessed ; ii.

Prepare an inventory of all individuals affected by the project in such a manner that they may have to move residence or business to another location ; iii.

Propose mitigation measures for the negative impacts for the groups identified in (i) above; iv.
Propose mitigation measures for the individuals identified in (ii) above.

V. Propose an implementation and monitoring plan for the mitigation measures vi.

The mitigation measures proposed shall meet the requirements of Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

Resettlement Action Plan The Contractor shall proceed to prepare a Resettlement Action Plan in accordance to the Resettlement policy of the Ministry of Roads and Highways.
The cost of implementation of the Resettlement Action Plan shall be borne by the Employer.

87 the Electricity Company of Ghana and the Ministry of Energy for their advice and any Specifications they may have for street-lights.

Road Furniture and Marking The Contractor must provide adequate information on the drawings for all road signs, markings and other furniture that is required for information and safe operation of the roads.
Landscaping & Public Art The design must make provision for landscaping and public art along the approach roads and surrounding areas in a way that will create a pleasant urban environment during day and night and address the requirements of the Environmental Protection Agency.
Utility Relocation and Ducts On a base map showing existing utilities, proposals for relocation and new utility routes should be prepared in sufficient detail to help with relocation ahead of scheme implementation and for future utility works.

The relocation schemes should be discussed with the utility agencies and evidence of agreements reached with the utility agencies should be included in the relocation drawings.

The Contractor is advised to make adequate provision in his proposals for this.
Impact Assessment Reports The Environmental and Social Management Plans shall be updated by the Contractor.

By Environmental and Social Management Plans, one has to understand Environmental Management Plan (EMP) for the Environment matters, and Property Impact Assessment Report, Social Impact Assessment Report and Resettlement Action Plan for the social matters.
Property Impact Assessment Report The Employer shall be responsible for land acquisition and compensation of Project Affected Persons for the Contract.

The Contractor, in liaison with the Land Valuation Board (LVB), shall prepare the Property Impact Assessment Report which shall address the following issues: i- Inventory of all affected properties including land, permanent structures and temporary structures.
86 Geometric Design of intersections General arrangement drawings and vertical and horizontal alignment drawings for the major and minor intersections shall be provided to a scale of 1:500 or any other appropriate scale.

Right Of Way Drawings These shall be at a scale of 1:2500 and shall be in a format that is approved by the Land Commission Secretariat for the acquisition of Road Right of Way.
In the situation that the Road ROW has been acquired the Contractor shall survey and reproduce the ROW to verify its availability.

He shall also make recommendations for additional land and provide drawings for the acquisition.

Drainage Design Based on the necessary Hydrological data, the project shall be designed for the effective drainage of the roads, intersections and bridges.

A schedule for all crossings shall be prepared and represented on the geometric design drawings in sufficient detail.
Subsoil drainage systems, where required will also be designed for construction.

The Upstream and downstream of all drainage systems will not be taken into consideration according to Employer's Instruction.

Pavement Design Based on the information previously collected, recommendation shall be made for the relevant pavement configuration for roads, walkways, non-motorized traffic routes, bus-bays and any other relevant facility.
Structural Design All structures, including bridges and culverts, must be designed in accordance with DUR standard details.

Detail drawings shall be prepared to indicate function, construction details and estimation details.

Traffic Signal Operations Where traffic signals are required, adequate capacity analysis must be undertaken to justify the number of lanes recommended for each movement and the staging design.
The location of all poles, signal heads, controllers, detectors and any other ancillary facility must be clearly indicated on the drawing.

Details for ducting and cabling must also be provided.

Strong consideration must be given to the use of solar powered traffic signals.

Street Lights ^®tails must be provided for the installation of street-lights for adequate lighting of all facilities within the ROW and intersections.

The Contractor is to liaise with 85 .


Project the design year traffic flow i. Analyse junction and link capacities; ii.

Estimate public transport demand and supply V. Determine design year pavement loading characteristics; and V. Undertake economic evaluation of the project.
Environmental and Social Impact Base Line Data The Contractor shall collect all relevant baseline data required to update the Environmental and Social Impact Assessment Report of the project to meet the requirements of the Environmental Protection Act (Act 490) of 1990, LI 1652 on Environmental Impact Assessments.
Geotechnical Investigations All subsoil investigation reports shall be reviewed to help with the assessment and design of road pavement, earth retaining structures and foundations to bridges and other structures.

Hydrological Studies All hydrological data shall be reviewed to verify sizing of primary or secondary storm drains, roadside drains and culverts.
The Contractor must coordinate his activities with the Hydrological Division of Ministry of Water Resources, Works and Housing for proper implementation.

An inventory of existing drains, culverts, streams or creeks shall be prepared.
Utility Routes and Relocation Adequate liaison shall be established with all the Utility Authorities like Ghana Water Company Limited (GWCL), Telecom Operators, and Electricity Company of Ghana (ECG), to obtain the present location of all their pipes, cables, plants and facilities.

Information on their development plants for their long-term program should also be collected.

The information should be represented on Utility Plans to the same accuracy as all other topographical data.
Where necessary, trial holes should be sunk to locate accurately the indicated utilities.

On a base map showing existing utilities, proposals for relocation and new utility routes should be prepared in sufficient detail to help with relocation of utility lines and for future utility works.

For drawings prepared for various roads, detailed mapping of existing utilities shall be indicated and costs for relocation of such utilities incorporated in the final cost of the project.
Geometric Design of Roads Geometric design of the roads must provide adequate vertical and horizontal details relating to existing and proposed physical features of the route.

In general, drawings will be to a scale of 1:1000.

87 the Electricity Company of Ghana and the Ministry of Energy for their advice and any Specifications they may have for street-lights.
Road Furniture and Marking The Contractor must provide adequate information on the drawings for all road signs, markings and other furniture that is required for information and safe operation of the roads.

Landscaping & Public Art The design must make provision for landscaping and public art along the approach roads and surrounding areas in a way that will create a pleasant urban environment during day and night and address the requirements of the Environmental Protection Agency.
Utility Relocation and Ducts On a base map showing existing utilities, proposals for relocation and new utility routes should be prepared in sufficient detail to help with relocation ahead of scheme implementation and for future utility works.

The relocation schemes should be discussed with the utility agencies and evidence of agreements reached with the utility agencies should be included in the relocation drawings.

The Contractor is advised to make adequate provision in his proposals for this.
Impact Assessment Reports The Environmental and Social Management Plans shall be updated by the Contractor.

By Environmental and Social Management Plans, one has to understand Environmental Management Plan (EMP) for the Environment matters, and Property Impact Assessment Report, Social Impact Assessment Report and Resettlement Action Plan for the social matters.
Property Impact Assessment Report The Employer shall be responsible for land acquisition and compensation of Project Affected Persons for the Contract.

The Contractor, in liaison with the Land Valuation Board (LVB), shall prepare the Property Impact Assessment Report which shall address the following issues: i.

Inventory of all affected properties including land, permanent structures and temporary structures.

88 ii.
88 ii.

list of all properties and interests affected by the design that can be acquired by the State Lands Act (Act 125 of 1962) and estimated the amount of compensation required for each.

iii.

List of all temporary structures affected by the design and estimate the amount of "Supplemental Assistance" required for each to help them move their properties from the ROW.
Compensation and Supplemental Assistance must be estimated to meet the requirements of the Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

The valuation report must be submitted to the LVB Board for approval.

The Employer shall be responsible for the expropriation of all affected properties including land identified by the Property Impact Assessment Report and pay the respective compensation.
The site shall be given by the Employer to the Contractor after all required expropriation.

Social Impact Assessment Report The Contractor shall update the Social Impact Assessment Report, which shall address the following issues: i.

Identify the groups of people affected directly or indirectly by the project and indicate the extent and severity of the impact.

Both positive and negative impacts must be assessed; ii.
Prepare an inventory of all individuals affected by the project in such a manner that they may have to move residence or business to another location; iii.

Propose mitigation measures for the negative impacts for the groups identified in (i) above; iv.

Propose mitigation measures for the individuals identified in (ii) above.

V. Propose an implementation and monitoring plan for the mitigation measures vi.
The mitigation measures proposed shall meet the requirements of Resettlement Policy Framework of the Ministry of Roads and Highways (MRH).

Resettlement Action Plan The Contractor shall proceed to prepare a Resettlement Action Plan in accordance to the Resettlement policy of the Ministry of Roads and Highways.

The cost of 'f^plementation of the Resettlement Action Plan shall be borne by the Employer.
90 Engineer for the supervision of the Works (Design and Execution), resettlement and supplemental assistance.

Provision should also be made for measures to mitigate the environmental and social impact of the project 3.4 Cost Estimate The Contractor's Proposal shall present a Cost Component Breakdown based on the most current prices at the time.
4.0 PROPOSED FORM OF CONTRACT The proposed form of contract for this Contract shall be the "Conditions of Contract for Plant and Design Build" First Edition 1999 published by the Federation Internationale des Ingenieurs-Conseils (FIDIC), subject to any variations and additions set out in the Particular Conditions of Contract.

Copies of the FIDIC Conditions of Contract can be obtained from: FIDIC Secretariat P. O.
Box 86 CH-1000 Lausanne 12 Switzerland Fax: +41 21 653 5432 Telephone: +41 24 654 4411 Email: fidic(5)pobox.com URL: http://www.fidic.org 5.0 QUALITY OF WORKMANSHIP FOR THE WORKS 5.1 Standard Specifications The Standard Specification that shall apply for the Works is the: "Standard Specification for Road and Bridge Works published by the then Ministry of Transportation (now Ministry of Roads and Highways) dated July 2007.
Work shall be carried out in accordance with the Standard Specification except as supplemented, modified or revised in the Special Specifications attached to these Employer's Requirements.

Where the Special 89 Environmental impact Statement and Environmental Management Plan (BMP) The Contractor shall update the Environmental Impact Assessment Report, which fully meet the requirements of the Environmental Protection Act (Act 490) of 1999 and LI 1652.
The Contractor shall address all issues raised by the EPA in relation to the submission.

Appropriate recommendation shall be made in the report to mitigate all negative impacts.

Positive impacts shall be highlighted.
Design Reports The following Design Reports shall be presented according to the following schedule: Design/Report Preliminary Design Report Draft Final Design Report Final Detailed Design Report Quantity No) Period 10 10 10 Two (2) month after Commencement Two (2) months after approval by Employer of Preliminary Design One (1) month after approval by Employer of Draft Final Design Report Consultation with Stakeholders The Contractor will establish consultative channels with the respective Metropolitan/Municipal Assembly, Town and Country Planning Department, utility agencies and other identifiable stakeholders during the services and at identifiable stages.
A major consultation with stakeholders will also take place within the period for the Preliminary Design.

The Contractor will be expected to make a verbal presentation and answer questions.

He is also expected to take note of various comments made during the forum for further discussion with the Employer and major stakeholders prior to the Detail Design.

The Contractor shall be responsible tor all arrangements and logistics for the forum and stakeholder consultations.
Adequate provision should be made for these in the proposals.

3-3.

Cost Component Breakdown ^he Contractor shall present Cost Component Breakdown for all the Works on which the Contractor's Statement will be based, using the form described in the Contractor's Proposal.

Cost Component Breakdown shall also be provided for ®3^h Phase.
Adequate provision must be made for facilities required by the 91 Specifications are silent, the Standard Specification remains fully applicable where relevant The numbering of clauses within the Special Specifications follows that of the Standard Specification.

However, all revisions made to the Standard Specification are denoted with the letter'S', A copy of the specifications may be purchased from the Ministry of Roads and Highways, P.O.

Box M 57, Accra, Ghana.

5.2 Special Specifications 1.


GENERAL SCOPE OF WORKS 1.1S Project Location and Extent of the Works The project is located in the Ashanti Region of Ghana and specifically in the Kumasi Metropolis.

The scope of works shall be as specified in paragraph 3 of this Employer's Requirements.
1.5.S Submissions to the Engineer Add the following: "The Contractor shall deposit with the Engineer samples of materials and manufactured articles when requested and where appropriate, manufacturer's certificates of recent tests carried out on similar materials and manufactured articles."
1.6.S Programme Amend Paragraph 1 os follows: (i) Replace " Within 28 days after the Commencement Date " with " Within 28 days after the date of coming into full force and effect of the Contrac (ii) The programme shall include but not limited to the following: - The Order of work - Planned rate of progress - Amount and type of equipment proposed - Details of labour strength, skilled and unskilled 92 — Details of supervision arrangements — Details of methods to be employed — Details of Temporary Works Amend Paragraph 3 as follows: (iii) Replace without prejudice to his rights in terms of the relevant clause of the Conditions of Contract, require the Contractor to submit within seven days of the date on which he has received a notice to this effect " with " Require the Contractor to submit " Add the following as Paragraphs 4 and 5 before the last paragraph: "The order in which it is proposed to execute the permanent works shall be subject to adjustment and approval by the Engineer.
The Contractor shall carry out the Contract in accordance with the programme agreed with the Engineer but he shall in no manner be relieved by the Engineer's acceptance of the programme of his obligations to complete the Works in prescribed order and by the prescribed completion date, and he shall from time to time review his progress and make such amendments to his rate of execution of the Works as may be necessary to fulfill these obligations.
Once the proposed programme is accepted by the Engineer, the Contractor shall not depart from the programme without the written consent of the Engineer, In the event of unforeseen difficulties or disturbance arising which cause the Contractor to depart from the accepted Programme of Works, he shall advise the Engineer in writing of such occurrences without delay and submit proposals for any necessary remedial measures, for which he shall obtain the Engineer's approval before putting such measures into effect".
1.8.S Method of Construction Amend Paragraph 1 by inserting the words " f^or approval " after" The Engineer " in the first sentence.

■I-10.5 Site ^iT^end Paragraph 10 of Sub-Clause 110 as follows: 93 "The Contractor will be given possession of site covered in the Contract, road by road."

1.12.S Protection from Water Add the following: "On cessation of the works each day the surface of each completed layer shall be trimmed so that ponding and concentration of surface run-off does not occur.
Should any water accumulate on any part of the Works either during construction or after construction until the end of the Defects Notification Period, giving rise to soaking or eroding conditions, the Engineer may order the Contractor to remove and replace at no extra cost to the Employer any material or Works that has been so affected."

1.15.S Diversion of Services Add the following to Clause 7.75 of the Standard Specification: "The Contractor shall carry out civil works as instructed by the Engineer.
Any cost involved shall be reimbursed to the Contractor".

1.17.S Storage of Materials and Manufactured Articles Add the following to Clause 1.17 of the Standard Specification: "This method of storage does not relieve the Contractor of his responsibilities as far as the quality of the materials is concerned".

1.18.S Progress Photographs Add the following to Clause 7.18 of the Standard Specification.
"Progress Photographs as specified in the Standard Specifications shall be approximately 175mm x 125mm in color".

1.19.Signboards Amend Paragraph 1 of Clause 1.19 of the Standard Specification by inserting the words " at his own cost " after" Drawings" in the first sentence.
1.21S Facilities for the Engineer and His Staff 94 Supplement Clause 1.21 of the Standard Specification with the following: (a) Engineer's Offices The Contractor shall provide, erect and maintain for the duration of the Contract, a site office for the Engineer of weatherproof construction, with windows and doors suitably insulated against heat, all to the satisfaction of the Engineer in respect of the condition, design and sitting.
The offices shall be well partitioned, or as otherwise directed by the Engineer, with a clear inside height of 2.7 m. The floor shall be of adequately damp and ant proofed.

The Contractor shall provide sufficient carports, to be located as directed by the Engineer, to accommodate the Engineer's vehicles.

If required for security purposes, the offices for the Engineer shall be fenced with a 2 m high chain link fence and gate, with padlock and chain.
In addition, day and night security guards shall be provided, to the satisfaction of the Engineer.

External security lights shall be provided and maintained.

Each office shall be provided with electric lighting and 2 double power points, to be sited and to the satisfaction of the Engineer.

A potable water supply shall be provided with at least one outside water tap Latrines shall have a water-borne sewage disposal system.
The Contractor shall furnish and equip the Engineer's Offices for the proper and efficient running of the Engineer's office.

In addition, the Engineer's office and laboratory shall be provided with internet access, inclusive of all connections.
(b) Safety Equiprn©*^* The Contractor shall allow in his rates and prices for the provision and replacement as necessary of approved personal safety equipment for the sole use of the Engineer and his staff for the duration of the Contract including reflective waistcoats and waterproof clothing, safety harnesses for working at heights, breathing apparatus, safety and tinted goggles, face masks, ear protectors and safety hats."
1.31.3.S Protection of Trees Add the following os paragraph two: The removal of trees and revegetation shall be kept to the minimum necessary to accommodate the permanent works.

The Contractor shall be responsible for ensuring that exposed surfaces are revegetated as construction progresses.

This shall be to the satisfaction of the Engineer.


95 1.31.5.S Fire Prevention Add the following as paragraph two: The Contractor shall ensure that fires, except for controlled fires for burning rubbish, do not start within the site or in the environs thereto as a result of the works or from the actions of his employees.

The burning of waste such as vehicle tires causing noxious emissions is prohibited.
The Contractor shall have available at all times trained fire-fighting personnel provided with adequate fire-fighting equipment to deal with all fires.

The Contractor shall additionally at all times provide sufficient fire protection and fighting equipment local to parts of the works which constitute particular fire hazard.
131.7.S Protection of Environmentally Sensitive Area Add the following as paragraph two: The Contractor shall take all reasonable measures, at all sites under his control, to prevent spillage, silting, flooding, erosion of beds and banks and leakage of materials likely to cause pollution of or interference in the supply of water resources.
Such measures shall include, but not be limited to the provision of bunds around fuel, oil and bitumen storage facilities, and oil and grease traps in drainage systems associated with vehicle and plant washing bays, servicing and fueling areas.

Prior to construction of such facilities, the Contractor shall submit details of pollution prevention measures to the Engineer for approval.
The Contractor shall provide, maintain and remove on completion of the Works, settling lagoons and other facilities to minimize pollution due to the Contractor's operations including, but not limited to quarrying, aggregate washing, concrete mixing and grouting.
1.32 Environmental Management and Monitoring 1.32.1 General (a) National and Local Legislation Further to the requirements of the Conditions of Contract and of the Specification Clause relating to the environment, the Contractor shall be responsible for familiarizing himself with all national and local legislation relating to environmental protection which is relevant to his activities.
96 (b) Cost of Cleaning up The Contractor shall be responsible for the cost of cleaning up any environmental pollution resulting from his activities and payment of compensation for any damage caused thereby.

1.32.2 Waste Disposal (a) Maintenance of Sites The Contractor shall at all times maintain all sites under his control in a clean and tidy condition and shall provide appropriate and adequate facilities for the temporary storage of all wastes prior to disposal.
(b) Transportation and Disposal of Waste The Contractor shall be responsible for the safe transportation and disposal of all waste generated as a result of his activities in such a manner as will not give rise to environmental pollution in any form, or hazard to human or animal health.
In the event of any third party being employed to dispose waste, the Contractor shall be considered to have discharged his responsibilities under this clause from the time at which waste leaves the site under his control, provided that he has satisfied himself that the proposed transportation and disposal arrangements are such as will not give rise to pollution or health hazard.
(c) Sanitary Facilities The Contractor shall be responsible for the provision of adequate sanitary facilities for his workforce and that of his sub-contractors at the base camp and at all construction and ancillary sites.

The Contractor shall not allow the discharge of any untreated sanitary waste to ground water or any surface watercourse.
Prior to the mobilization of the workforce the Contractor shall provide details of sanitary arrangements to the Engineer for approval, such as to allow him to assess whether or not the proposed facilities are adequate and are unlikely to pollute water sources, if properly operated and maintained.

1.32.3 Storage of Top Soil 97 The Contractor shall make arrangements to store any top soil suitable for later re-use.
Where relevant, soil should be taken out in horizons and each horizon stored in a separate pile, the pile being grassed over to prevent erosion.

This shall be to the satisfaction of the Engineer.

1.32.4 Noise and Air Pollution (a) Vehicles and Plant All construction activities shall be carried out using the best possible means to reduce environmental pollution such as noise, dust and smoke.
All vehicles and plant operated by the Contractor or his sub contractors shall at all times be maintained in accordance with the original manufacturer's specifications and service manuals, with particular regard to the control of noise and diesel particulate emissions.
The Engineer shall have the right to require the Contractor to replace or temporary cease operation in order to rectify any vehicle or plant which in his opinion emits excessive noise or smoke within 24 hours of the Contractor being so notified.

(b) Asphalt Plant All asphalt plants shall be operated and maintained in accordance with the original manufacturer's specifications and manuals, and in such a manner as to minimize emissions of hydrocarbons and particulates.
If in the opinion of the Engineer, the operation of such plant is causing, or is likely to cause, nuisance or health hazard to site staff or the general public, the Contractor shall be required to carry out such work as is necessary to reduce emissions to an acceptable level within a timescale agreed with the Engineer.
1.32.5 Transport of Materials The Contractor shall ensure that vehicles using the proposed borrow pits, quarry and asphalt plant do not cause any safety hazard, noise, dust, or disturbance to any local inhabitants.

The Engineer shall have the right to require the Contractor to carry out improvement to the access road to the borrow pits and asphalt plant in consultation with any local inhabitants if necessary.
1.32.6 Restoration of Borrow Pits 98 The Contractor shall be responsible for ensuring that the gravel borrows pits are regarded and covered with topsoil to ensure their natural regeneration.

(i) For borrow pits, 150mm topsoil should be stripped and stockpiled for re-use.

After completion of the use of borrows pits, the same shall be graded to avoid water stagnating on it and the topsoil shall be returned from the stockpile and spread in 150mm layer thickness.
(ii) The reinstatement of borrow pits as indicated in Clause 1.32.6 (i) above, shall be one of the pre-conditions for issuing Substantial Completion Certificates to the Contractor.

1.32.9 Traffic Management during Construction The Contractor shall take responsible precautions to keep all public and private roads clear of any spillage of material from his traffic to the satisfaction of the Engineer.

All such spillage whenever they occur shall be cleared without delay.
The Contractor shall provide, erect and maintain on the site and at such positions on the approaches to the site, traffic signs and traffic control signals necessary for the direction and control of traffic.

The signs shall be reflectorized or adequately illuminated by night in a manner approved by the Engineer and kept clean and legible at all times.

The Contractor shall reposition, cover or remove signs as required during the progress of the works.
The Contractor's operations throughout the Contract shall be so conducted as to maintain the flow of existing road traffic.

The Contractor's method of working and traffic diversion plans within the existing road area shall be to the approval of the Engineer.
The Contractor shall construct and maintain temporary diversion ways wherever the Works will interfere with existing public or private roads or other ways over which there is a public or private right of way for any traffic, to the satisfaction of the Engineer and the approval of the Police.

99 The Contractor in preparing his diversion plan can refer to the Engineer's plan for diversion and make appropriate modifications to suit his work method and plan.
The surfacing of the road diversion should be to a first seal of surface dressing.

1.34 Engineer's Normal Working Hours The Engineer's normal working hours shall correspond with the Contractor's working hours.

No payment or fee shall be charged or paid by the contractor to the Engineer if it is considered necessary the Engineer's presence to execute works before or after the working hours or during Sunday and Holidays.
If the Contractor wishes to execute Permanent Works outside these hours he shall obtain the written permission of the Engineer at least one full working day in advance in order to enable the Engineer to make provision for such work.
1.35 Construction Generally The following general requirements shall apply:- (a) The Contractor shall provide adequate lighting where work is being executed at night and shall provide and install any additional lighting which the Engineer may require in order to gain access to, watch and supervise the Works and carry out any testing and examination of materials.

(b) Materials available on the Site or materials made available or supplied by the Employer shall be used solely for the execution of the Works.
(c) The Contractor shall ensure that access is provided to all properties adjacent to the Site for the duration of the Contract.

(d) The Contractor shall comply with the current Government regulations with regard to the transport, storage and use of explosives and radioactive materials.
(e) The Contractor shall provide, maintain and remove on completion of the Works appropriate security measures at the site and on access roads, but without prejudice to his obligations including maintenance of free 100 access for the Employer, the Engineer, other contractors and any other persons entitled to such access.

(f) The Contractor shall be responsible for acquainting himself with and observing all Current Statutes, Bye-laws or Regulations, both national and local.
All buildings erected by the Contractor upon the Site and camp sites, and the layout of the buildings and the sites, shall comply with Laws of Ghana and all local Bye-laws in so far as they are applicable.
(g) The Contractor shall be absolutely and solely responsible for the adequacy, safety and security of Temporary Works including (but not limited to) all work yards, piling, staging, dams, cofferdams, trenches, fencing or other works and for the plant in connection therewith which may be erected or provided for the carrying out of the Contract and for the execution of the Works.

This provision shall be applicable to all Temporary Works and Constructional Plant.
Whenever provided and erected by the Contractor and/or his sub-contractors for the Purpose of or in connection with the Works.

Examination and approval by the Engineer of the Contractor's and/or his sub-contractors' Temporary Work or of the drawings connected therewith shall not absolve the Contractor from any liability imposed upon him by the provisions of the Contract.
136 Tetnporary Services The Contractor shall be responsible for the provision of clean, sufficient and continuous supply of potable water, electricity, telephone, sanitary and all other services necessary for constructional and domestic purposes for the duration of the contract.
He shall undertake all arrangements including pipelines and meters for connection to local mains, and the provision of pumps, storage tanks or water conveyance where necessary, payment of all fees and charges and the satisfactory removal of all such arrangements and provisions on completion of the Works.
As in the case of any other supplies, a failure on the part of a supplier of these services will not relieve the Contractor of any of his duties or 101 responsibilities under the contract, nor in respect of such failure shall the Contractor have any claim under the contract With regard to power supplies the Contractor shall be responsible for also maintaining the facility and take all reasonable precautions to ensure the safety of every person on the site.
The Engineer may require the disconnection or alteration of any parts which he considers may be dangerous.

Such installations shall comply with all appropriate statutory requirements and with the latest edition of the Electricity Supply Regulations.

All costs incurred shall be deemed to have been included in the rate quoted for the provision and maintenance of the facilities which they serve i.e., Offices, Laboratories etc.
1.37 Sufficiency of Specifications Where the Specifications describe a work in only general terms and not in complete detail, it shall be understood that the best general practice is to prevail.

Materials and Workmanship of the best quality are to be employed and the instructions of the Engineer are to be fully complied with.
1.38 Liaison with Government Officials The Contractor shall keep close contact with the Police and other Government officials in the area, concerning traffic control requirements and other matters.

The Contractor shall provide for all reasonable assistance or facilities which may be required by such officials in the execution of their duties.

2.
2.

TESTING OF MATERIALS AND WORKMANSHIP 2.2.S Testing by the Contractor Add the following to Clause 2.2: 2.2.1 S Testing Testing shall be carried out for three purposes, viz.

: - Acceptance or Trial testing - to demonstrate by means of the testing specified herein that the materials and/or methods of construction proposed are appropriate for the works and will result in a product fully in conformity with the requirements of this specification.
102 - Production testing - to ensure that the materials production and methods of working are producing materials and workmanship which are in conformity with the requirements of this specification; and - Control testing or quality monitoring - to demonstrate that the materials used and the resultant product is fully in conformity with the requirements of this specification.
The Contractor shall be responsible for all Acceptance and Production testing and the number and frequency of these tests shall be determined by the Contractor having regard to the number of sources of materials and the methods of working proposed.

The amount of testing of this type undertaken by the contractor shall be sufficient to enable him to control the quality of the works without any reliance on testing carried out by the Engineer for other purposes.
The Contractor shall report the results of all relevant tests to the Engineer before submitting materials and finished work to the Engineer for approval.

All samples of materials proposed to be used shall be submitted to the Engineer for approval before use.

Notwithstanding statements to the contrary elsewhere in the documents the Engineer will be responsible for carrying out Quality Assurance Test.
The type and approximate frequency of such testing is specified in clause 2.20 and elsewhere in this specification.

The Contractor shall provide all such samples and assistance as is required by the Engineer in the execution of this testing.

The Contractor shall not rely on the results of testing carried out by the Engineer for production control.
When instructed by the Engineer, the Contractor shall submit to him Certificates of Test from the suppliers of materials and manufactured articles to be used for the Contract.

Such Certificates shall certify that the materials and manufactured articles concerned have been tested in accordance with the requirement of the Specifications and shall give the results of all the tests carried out.
The contractor shall provide adequate means of identifying the materials and manufactured articles delivered to the Site with the corresponding Certificates.

103 Where such Certificate is not available a representative sample of the material shall be tested by an approved laboratory or, subject to the approval of the Engineer, by the Contractor and a copy of the test result submitted to the Engineer's Representative who shall decide whether the material conforms to the required standard.
2.2.2.S Standards Where the specification requires that testing, materials or goods shall be in accordance with a standard or code of practice then the relevant standard or code of practice shall be that current at the date 28 days prior to that set for submission of Tenders.

2.2.3.S Contractor's Laboratory The Contractor shall provide and maintain on the Site throughout the period of execution of the Works a laboratory for the combined use of both the Engineer and The Contractor.
The Contractor shall thus provide experienced engineers, foremen, surveyors, materials technicians, and other competent technical staff together with all transport, instruments and adequate equipment's at the appropriate time for the selection and control of the quality of natural and processed natural materials such as fill materials, natural gravel materials, crushed stone base materials, concrete chippings and asphalt to be incorporated to the Works and also for the control of the workmanship of the works.
The Contractor shall within 30 days after the notice to commence the Works, submit a Quality Management System, including the Work Method Statements and Quality Audit for the major items of work to th^ Engineer for approval.
2.6.2.S Stone, Aggregate, Sand and Filler for Concrete Add to Table 2.2 - Test Procedures Applicable to Stone, Aggregate, Sanqg and Fillers, the following: (Determination of) Stripping ASTMD1644-80 (Test Procedure) 2.20.S Frequency of Testing - Add to list of tests under 2.20(i) the following: 104 Stripping - Add the following additional Sub-Clause 2.20(k): 2.20(k) Concrete (a) Coarse Aggregate The aggregate properties listed below, as appropriate to the type of mix specified, shall be determined on opening up of each new source of aggregate, also every second week and whenever the Engineer considers that the aggregate properties may have altered:- Grading ACV or AlV SSS Fl Chloride Content Sulphate Content Water Absorption (b) Fine Aggregate The aggregate properties listed below, as appropriate to the type of mix specified, shall be determined on opening up of each new source of aggregate, also every second week and whenever the Engineer considers that the aggregate properties may have altered:- Grading Chloride Content Sulphate Content SSS Organic Impurities in Sands (c) Cement As per BS12.
Frequency is one (1) set of tests per 200 tonnes from each cement plant and tested every month.

(d) Water PH Value Sulphate Content Chloride Content Frequency as instructed by the Engineer (e) Slump/Cube Tests Samples to be tested for each batch of not more than 20m or 1 day's production whichever is less or as instructed by the Engineer.

105 3.
SETTING OUT, GEOMETRIC TOLERANCES AND RECTIFICATION 3.3.S Geometric Tolerances Delete Table 3.7 of Clause 3.3 of the Standard Specification and substitute the following: Table 3.IS - Geometric Tolerances LAYER LEVEL STRAIGHT SLOPE OF EDGE CROSS FALL mm mm % TRUNK & URBAN ROADS Bituminous Wearing Course (AC) - 10 + 10 Bituminous Binder Course (AC) + 0 - 15 - 10 6 6 8 Bituminous Surface Dressing Gravel Wearing Course Base Sub-base Formation Footpath Paving Slabs + 10 + 15 + 0 + 0 + 0 + 15 - 15 15 - 20 12 ±0.25 - 25 15 ±0.50 - 35 20 ±0.50 - 15 6 Add the following: 3.3.3{i) In addition, the thickness of any pavement layer measured at any point shall not be less than 98% or more than 125% of the thickness specified or ordered by the Engineer.
Should the completed surface of any sub grade, sub base, base or surfacing fail to comply with the appropriate tolerances specified herein, the sub grade, sub-base, or surfacing shall be corrected to the 106 satisfaction of the Engineer in accordance with the relevant clauses of the Specification or as ordered by the Engineer's Representative.
3.5 Engineer's Approval of Method Before commencing the construction of any layer of pavement construction including bituminous surfacing the Contractor shall construct trial sections of the material to be used in order to demonstrate the adequacy of his proposed resources and techniques for achieving the Specification Standards.
Each trial section shall extend over an area of not less than 300 square meters and shall be subjected to the approval of the Engineer and all costs shall be considered to be included in the Contractor's rates and prices.

At the discretion of the Engineer a trial section may be incorporated within the permanent works.
The techniques demonstrated in successful trials section construction shall be applied in general construction and in the event of a change of material or equipment or standard of performance the Contractor shall carry out such further trials as may be instructed by the Engineer.

The Contractor's proposals for any trial section shall include all necessary testing for an assessment directed by the Engineer.

107 4.
107 4.

SITE CLEARANCE Add the following Sub-Clause 4,2.6 to Clause 4.2: 4.2.6 Removal of Anthills "All Anthills where encountered within the works shall be excavated to a depth to be determined on Site.

The Queen shall be removed and the hole treated with a suitable chemical to the approval of the Engineer's Representative before backfilling in accordance with Clause 2.18."
4.4.S Removal of Structures, Fences and Obstructions Add the following: "The timing of the demolition by the contractor of existing bridge structures and culverts shall be subject to the approval of the Engineer.

The Contractor's programme shall provide details of his proposals in this respect."

5.
5.

EARTHWORKS 5.2.S Definitions and Classifications Delete Clauses 5.2(c) and substitute the following: (c) Formation Level: "Means the level at the completion of Earthworks for Roadwork's prior to the laying of the pavement.

The Earthworks immediately below Formation Level is known as Sub grade."
(f) Add to Clauses 5.2(f) the following: "The material shall have a CBR of not less than 15% measured after a 4-day soak on a laboratory mix compacted to a dry density fo 95% MOD (AASHTO), a swell of less than 1.5% and a Plasticity Index of less than 30%.

The contractor has the responsibility to source for selected fill material to meet the requirement of this project."
5.5.S Construction of Embankments and Cuttings Add the following: "The Contractor shall so programme his operations such that embankments of fill height greater than 4 meters shall be completed to formation level at least 6 months prior to the construction of any of the 108 pavement layers, in order to allow a reasonable time period for any settlement to take place.
Notwithstanding the foregoing, the Contractor shall obtain the Engineer's Representative permission before commencing with pavement construction on such embankments.

The Engineer's permission may be withheld if in his opinion settlement is still taking place."

5.6.

S Swamps Add the following: "The Contractor shall so programme his work so that where possible removable of unsuitable and compaction of material in swamps is carried out in the dry season."
Backfill of Swamps The Contractor shall so programme his works so that any rock excavated in cuttings shall be available for filling in swamps when instructed by the Engineer.

5.7.
5.7.

S Rockfill on Swamps and Soft Ground Add the following: "In areas designated on the drawings as swampy or marshy, the Contractor shall, unless otherwise instructed by the Engineer, carry out the following: - Drain the area, where practicable, by the excavation of ditches and, if necessary, the construction of temporary culverts or pipes through the existing road embankment.

- Remove vegetation and unsuitable material from the sites of embankments, to depths to be determined by the Engineer.
- If at this stage the embankment formation is: a) Below standing water: the Contractor shall form the lower layer, up to standing water levels, of the embankment of free draining rock fill of maximum size not greater than 400mm and not less than 150mm.

Such material may be deposited below water without the associated use of compaction plant.
109 b)At or above standing water level: the Contractor shall place a geotextile separation membrane complying with the requirements of Clause 5.7S.1 transversely over the entire width of the embankment base with minimum overlaps of 300mm..

The embankment shall then be completed up to a level of 500mm above the normal wet season standing water level with rock fill.

- The embankments shall be completed to formation level with normal fill.
If no rock fill is available on site it shall, where instructed by the Engineer, be replaced by common fill material, except that the outer half meter (measured at right angles to the slope) of the embankment shall be formed of free draining granular material.

Where directed a separation membrane shall be placed under the free draining granular material and between that material and the common fill."
5.7.2 Free Draining Granular Material Free draining granular material shall be clean hard and durable with a minimum wet 10% fines value of 50KN when tested in accordance with the requirements of BS 812. the materials shall comply with the following grading requirements: 5ieve Size % Passina 75mm 20mm 5mm 2mm 600 micron 75 micron 100 60-100 30-100 20-60 0-25 0-5 5.11.S Proof rolling Replace"....
Minimum axle load of Stonnes " with " minimum axle load of 13 tonnes "• 5.13.S TopsoiI and Grassing Add the following: 110 "No bushes of any sort whatsoever shall be planted on earthworks slopes."
5.15 Filling to Structures - Structural Backfill Filling to structures - structural backfill, (including backfill material behind abutments and wing walls), shall be selected granular material equivalent of Class 6P Table 6/1 of UK Dip Specification for Highway Works, in horizontal layers, not exceeding 150 mm loose depth, moistened or dried as required and thoroughly compacted with mechanical tampers for a distance away from the structure as specified on the drawings or directed by the Engineer.
The structural backfill shall be carried out and compacted as follows: - The structural backfilling shall be deposited in layers not exceeding 150 mm loose thickness, evenly spread and each layer thoroughly compacted before the addition of other layers.

The Contractor shall restrict the compaction plant used on structural backfill, within 2m of a structure to the following items: - i) Vibratory roller having a mass per metre width of roll not exceeding 1300 kg with a total mass not exceeding 1000 kg.
Vibrating plate compactor having a mass not exceeding 1000 kg.

jj) iii) Vibro-tamper having a mass not exceeding 75 kg.

The finally compacted density of all backfill behind and around structures shall not be less than 95% of the maximum obtained from BS 1377 Test 13.

In placing structural backfill, the material shall be placed simultaneously in so far as possible to approximately the same elevation on both sides of a pier or wall.
If conditions require placing backfill appreciably higher on one side than on the opposite side, the additional material on the higher side shall not be placed until permission has been given by the Engineer and after tests made in the laboratory under the supervision of the Engineer establishes that the concrete has attained sufficient strength to withstand pressures created by the naethods used and materials placed without damage.
Ill 5.16 Structural Excavation This work shall include all necessary bailing, pumping, draining, sheeting, bracing and the necessary construction of cribs, and cofferdams, and furnishing the materials therefor, and the subsequent removal of cribs and cofferdams in a way, which will not hinder the construction of subsequent work.

The Contractor shall notify the Engineer sufficiently in advance of the beginning of any excavation, so that cross-sections and measurements can be taken of the undisturbed ground.
The natural ground adjacent to the structure shall not be disturbed without permission of the Engineer.

Trenches of foundation pits for structures or structure footings shall be excavated to the lines and grades or elevations shown on the Drawings or as directed by the Engineer.
The elevations of the bottoms of footings, as shown on the Drawings, shall be considered as approximate only and the Engineer may order, in writing, such changes in dimensions or elevations of footings as may be deemed necessary to secure 3 satisfactory foundation.

When the footing is on material other than rock, the excavation to the final grade shall not be made until Just before the footing is to be placed.
After each excavation is completed, the Contractor shall notify the Engineer to that effect, and no footing or bedding material shall be placed until the Engineer has approved the depth of excavation and the character of the foundation material.

Any over excavation for structural foundation or base slabs below the levels indicated on the Drawings or directed by the Engineer shall be backfilled with Grade NS15 concrete at the Contractor s expense.
All bases for structural foundation or base slabs shall be compacted to a density not less than 95% of the maximum dry density as determined by BS 1377 Test 13.

112 Beneath ail reinforced concrete foundation slabs there will be a 75 mm thick concrete Grade NS15 blinding as specified in Section 18.
Structures with Foundation Problems In cases where the specified density at foundation level is not achieved or the material is classified by the Engineer as unsuitable the Engineer shall direct to extend the depth of the structural excavation as necessary and backfill with Concrete Grade NS15 as specified in Section 18.

All rock or other hard foundation material shall be cleaned of all loose material and be cut to a firm surface either, level, stepped or serrated as directed by the Engineer.
Where it is necessary to use dewatering devices to lower the water table during the construction, the Contractor shall lower and maintain the water table at least 300 mm below the formation level of the structural excavation.

All temporary drain pits shall eventually be backfilled and compacted to the same density as the surrounding material.

6.
6.

QUARRIES, BORROW PITS, STOCK PILES, SPOIL AREAS AND 6.2.S General EXISTING LAYERS Add the following: "Information relating to the locations of trial pits and other geotechnical investigations, together with the records and results of tests carried out on various samples is summarized in the Materials Report.
The Contractor may examine the information and carry out such further tests as he may consider necessary in order to fully acquaint himself with any aspect which will influence his satisfactory performance of the Contract.

No claims from the Contractor for additional payment for sampling and testing will be considered by the Engineer on the grounds that the above information is insufficient."
6.4.S Provision of Land Add the following as the last paragraph to Clause 6.4: 113 "Where it is necessary for the Employer in fulfilling his obligations to acquire land which he is expected to give out to the Contractor as mentioned above, during the Contract for any additional work, the Employer shall determine the ownership of the land and the Contractor shall pay any compensation as required and valued by the Land Valuation Board.
Any expenses arising out of this acquisition shall be considered additional to the contract and the Contractor shall, accordingly be reimbursed for it."

7.

EXCAVATION AND FILLING FOR STRUCTURES 7.3.S Excavation of Foundations for Structures In Paragraphs 17 and 18 of Sub-Clause 7.3.2, replace " 93% MDD (GHAS1)... " with " 95%MDD(GHAS1) ".

7.5.S 8.
7.5.S 8.

8.1 .S 8.1(e) Backfilling and Filling Against Structures In Paragraphs 3 and 5 of Sub-Clause 7.5, replace " 93% MDD (GHA SI)... " with " 95% MDD (GHA SI) CULVERT AND DRAINAGE WORKS Scope of Section Add the following Sub-Clause 8.1(e): The drainage works comprise the construction of intercepting ditches, turn-outs, stream channels, and ancillary works, together with rehabilitation of existing drainage systems as directed by the Engineer.
8.5.4.S Excavation in Hard Material In Sub-Clauses 8.5.4(a)(iii) and 8.5.4(b)ii), replace " 93% MDD (GHA SI)... " with " 95% MDD (GHA SI) ".

8.6.S Bedding and Laying of Pipe Culverts In Sub-Clause 8.6(e), replace "Class C20/25."

with " Class C25/20."


8.8.S Backfill In paragraph 1, rep/ace" 93% MDD (GHA SI)... " with " 95% MDD (GHA SI) 114 8.10.S Sub-soil Drains 8.10(d)S Filter Material The stone filter material shall be free-draining notwithstanding anything stated herein, and the Engineer's Representative may reject any material which he considers unsuitable for the purpose.

The ACV of the stone filter material shall be not greater than 35%.
The Engineer's Representative shall provide the Contractor on site with details of the outfall of each subsoil drain, depending on its precise locational circumstances.

8.10(b)S No-Fines Concrete No-fines concrete shall comply with the provisions of Section 18 of the Specifications subject to the following amendments.The aggregates shall be of 40mm single size.

Batching shall be b/ weight in the proportions of 50kg of cement to the weight equivalent of 0.28m^ of the aggregate approved for this material.
The free water/cement ratio shall be not greater than required to coat all the aggregate particles without forming excess grout, or as otherwise directed by the Engineer' Representative'.

The minimum cube strength at seven days shall be 4.0N/mm2.

The no-fines concrete shall be placed as soon as possible after mixing; any concrete which has dried out between mixing and placing will be rejected.
No pumping, ramming or mechanical vibration shall be permitted, but the placed concrete shall be lightly rodded into position.

8.10(c)S Stone Drainage Layer Behind Concrete Retaining Walls The stone used for the stone drainage layer behind concrete retaining walls shall be of ACV not greater than 40%.

The 40mm nominal single size stone shall be such that 100% by weight shall pass the 50mm sieve and be retained on the 28mm sieve.
115 The 100mm nominal single size stone shall be such that no dimension of any individual piece of stone shall be less than 80mm or greater than 120mm, The 100mm size stone shall be hand-packed in such a way as to produce a stable structure to the satisfaction of the Engineer's Representative.

In order to achieve the same objective the 40mm size stone shall be compacted using a light vibratory compactor until such time that visual consolidation of the stone layer has ceased.
8.21 S Scour Check Add the following to Clause 8.2:.

The soil core of the scour check shall be constructed from selected fill material and compacted to 95% MDD (GHA SI) compaction.
8.23 Surface Finish to in-situ Concrete Drainage Works Surface finish to in-situ concrete drainage works shall be as specified hereunder:- (a) Formed Surfaces: exposed: hereunder) non-exposed: Class F1 Class F2 (except as separately provided for The faces of pipe culvert headwalls and aprons which form part of the conduit; the conduit of the concrete channels, and the areas of concrete upon which precast concrete lids shall be seated, shall all be to Class F3 finish.
(b) Unformed Surfaces: All unformed surfaces shall be to Class UF1 finish.

8.24 Final Location of Box Culverts and Pipe Culverts Notwithstanding the information contained in the Drawings the final locations and invert levels of box culverts and pipe culverts shall be 116 subject to confirmation or adjustment by the Engineer as he shall deem appropriate, prior to commencement of construction.
8.25 Construction of Pipe Culverts Immediately after the preparation of the trench for pipe culverts including the excavation and replacement of any soft material a 75mm blinding layer of class NS15 concrete shall be laid to provide a firm support for the subsequent laying of pipes.

The pipes shall be laid true to line and level supported on hardwood or concrete wedges.

The joints shall be properly seated and filled flush inside and outside with 1:3 cement mortar.
The pipes shall be provided with a complete surround of class 20/25 concrete as indicated in the Drawings.

No part of the surround shall be placed until the Engineer's Representative has approved the laying and jointing of the pipes.

The concrete shall be well compacted beneath the pipe but care shall be taken to ensure that the pipes are not displaced during the placing of the surround.
8.26 Concrete Pipes a) Concrete pipes shall comply with the requirements of BS 5911 Parts 1 and 3. b) Concrete for concrete pipes shall be Class C35/45.

c) The pipes shall have rigid joints in accordance with BS 5911 Part 3. d) Reinforcement may be inserted in the pipes to strengthen them for handling, but the size, spacing and placing of reinforcement shall be to the approval of the Engineer.

e) All concrete shall be compacted either by spinning or vibrating.
f) All concrete pipes shall be cured by keeping them saturated with water for at least seven days after casting and protected from the sun and drying winds for at least fourteen days after casting.

No pipe shall be used in the work until it is twenty-one days old.

The date of casting shall be painted on the outside of the barrel.
A minimum of 10% (ten per cent) of the pipes, but not less than five, shall be tested from initial batches prepared by the Contractor and thereafter the frequency of testing shall be decided by the Engineer.

117 All pipes shall be capable of supporting the works proof loads set out in Table 2 of BS5911 Part 1 for Class M pipes when tested in accordance with Paragraph 25.4 of BS 5911 Part 1.

A set of six concrete cubes shall be made for each day's manufacturing of concrete pipes.
Where the crushing strength does not reach the Class C35/45 requirement or if pipes appear sub standard, the Engineer may order the above load tests on a set of three pipes from the suspect batch.

g) Concrete pipes for use in subsoil drains shall be one of the following: Porous concrete pipes to BS 1194; Concrete pipes to BS 5911 Parts 1 and 3 with a maximum (i) (ii) length of 1.5m laid with open joints.
h) The Engineer's Representative shall reject any cracked pipes, which shall be destroyed or removed from the Site.

8.27 Headwalls, Wingwalls and Aprons Culverts shall be provided with headwalls, wingwalls and aprons as shown in the Drawings or directed by the Engineer Representative.

8.28 8.28(i) Miscellaneous Drainage Concrete Inlet Chamber The back and front faces of all walls and the top and bottom of the base slab of the concrete inlet chamber shall be reinforced using 10mm dia.
mild steel bars placed at 200mm centres both horizontally and vertically to form a mesh.

The reinforcement shall be fixed in accordance with, and shall comply with the requirements of Section 20 of the Specifications.

The cover to the steel shall be 30mm.

8.28(ii) Drainage Blanket The drainage blanket to earth retaining structures shall consist of precast hollow concrete blocks complying with the BS 6073: Part 1 laid in stretcher bond with dry Joints in 225 mm thick walling with holes vertical.
8.30 Riprap Protection This work shall consist of slope protection courses in accordance with these specifications and in conformity with the lines, grades and thicknesses shown on the drawings or as directed by the Engineer.

118 Riprap protection shall be hand-placed riprap with voids filled with sand-cement grout consisting of one part Portland cement and three parts of sand, thoroughly mixed with water to produce workable mixture.

Larger stones shall be placed first with close joints.
Stones shall be placed with their longitudinal axis normal to the embankment face and arranged so that each stone above the foundation course has a three-point bearing on the underlying stones.

The foundation course is the course placed on the slope in contact with the ground surface.

Placing of stones by dumping will not be permitted.

Stones shall be thoroughly moistened with water after placement.
Grout shall be applied while the stone is moist and shall be worked into the interstices to completely fill the voids.

Grout shall be placed only when the weather is suitable and the surface shall be cured by covering with curing blankets for at least 3 days after grout placement.

Weep holes shall be provided through the riprap as directed by the Engineer.
9.S 9.3.S PASSAGE OF TRAFFIC Improvements to Existing Roads Delete Clause 93.b of the Standard Specification and substitute the following: (b) Scarifying, re-shaping, widening, watering and compacting the top 150mm of the existing road to 98% MOD (GHA SI).

SHOULDERS, FOOTPATHS.


BICYCLE LANES AND BLOCK PAVING Materials for Construction of Shoulders 11.2.S Amend the list of materials for construction of shoulders by replacing with the following: 119 (a) Gravel wearing course or natural material in accordance with Sections 10 and 12 of the Specification.

(b) Graded crushed stone in accordance with Section 13 of the Specification.

(c) Cement or lime treated material or lean concrete in accordance with Section 14 or 15 of the Specification.
(d) A bituminous mix in accordance with Section 16 or 17 of the Specification.

(e) Concrete paving Blocks in accordance with Clause 11.5.S of this Specification.

(f) A combination of (a) to (e) above 11.8.S Paving Blocks for Footpaths and Bicycle Lanes In paragraph 3, rep/oce " 95% MDD (GHA SI)... " with " 98% MDD (GHA SI) 12.
12.2.2.S Sources of Materials NATURAL MATERIALS FOR SUB-BASE AND BASE Add the following as an additional last paragraph: "The Contractor has the responsibility to source for Subbase material to meet the requirement of this project."

Delete Sub-Clause 12.3.2 and substitute with the following: 12.3.2.S Material Requirements for Natural Gravel Base Course Material for base course (including mechanical stabilisation shall comply with Class G80 of Table 12.1.
Delete Sub-Clause 12.3.3 and substitute with the following: 12.3.3.S Material Requirements for Natural Gravel Subbase Material for subbase layers shall comply with Class G60 of Table 12.1.

13.

GRADED CRUSHED STONE SUB-BASE AND BASE 13.2.S Definitions The stone class shall be "A" and the nominal size 0/40mm.
13.4.1.S Compaction 120 Delete paragraph 5, sub-sections (i) and (ii) of the Standard Specification and substitute with the following: (i) Base: average dry density not less than 100% MDD with no result less than 98% MDD.

(ii) Sub-base: Average dry density not less than 98% MDD with no result less than 96% MDD.

16.
16.

BITUMINOUS SURFACE TREATMENTS 16.1.S Scope Add to last sentence of Sub-section 16.1 of the Standard Specification the following: "The Contractor must therefore obtain a copy of this document and should refer to it accordingly when carrying out Bituminous Surface Treatment on this project."

17.
17.

BITUMINOUS MIX BASES, BINDER COURSES AND WEARING COURSES 17.2.1 S Asphalt Concrete Mixtures Delete paragraph one of Clause 17.2.1 of the Standard Specification and substitute the following: "Asphalt Concrete for surfacing shall be designed according to the Marshall Method of mix design; outlined in the Asphalt Institute Manual MS-2 Sixth Edition".
17.2.11.S Compaction Add the following to the last sentence of Sub-Clause 17.2.11: The Contractor shall establish his Compaction method during the site trials, such Compaction method shall not be varied in any form or shape without the approval of the Engineer.

Should the need arise for the Contractor to change compaction equipment, the Engineer shall be informed immediately and a new Compaction method through a new site trial shall be established.
121 Rolling in the FIELD shall continue until the AIR VOIDS CONTENT OF THE LAYER OF BINDER AND WEARING COURSE IS: BETWEEN 6% - 8% of the DAILY Gmm at the Optimum bitumen content.

Note that any Layer, which fails this field air voids content shall be removed, replaced at no cost to the Client 17.3.1 S Scope The asphaltic concrete shall be Type 1 (High Stability).

17.3.2S Materials for Asphaltic concrete (a) (b) Bitumen shall be AC-10 Viscosity Grade.

All aggregate shall be Class A.


The Binder and Wearing Course mixes shall have maximum of 10% by weight of Total Aggregate as Natural Sand.

17.3.3S Grading Requirements The surfacing shall be a wearing course with a maximum stone size of 10mm.

The binder course shall have a maximum stone size of 14mm.

The gradings must be within the envelope given in Table 17.3 for wearing course, use column under 6/10 and for binder course, use column under 10/20.
17.3.4S Requirements for Asphalt Concrete For Wearing Course use type 1 of table 17.5 For Binder Course use type 1 of table 17.5 The nominal binder content shall be 5.5% for wearing course and 5.0% for binder course.

The Contractor shall be responsible for designing the mix and shall be approved by the Engineer.

The proportions by weight of Total Mixture shall be determined for all constituents of the mixture and shall constitute the nominal constituents.
122 This new grading shall be called the Job Mix Formula (JMF) and at no instance shall the mix be accepted if any part of grading curve falls outside the limits of the JMF.

If any works are executed with an unacceptable mix, the Engineer shall order their removal and be replaced at the cost of the Contractor.

With the exception of the Natural Sand, all aggregate constituents of the Asphalt Concrete shall be fully crushed.

18.
18.

CONCRETE WORKS 18.3.3S Aggregate Add the following to the last sentence of paragraph 2: "Under no circumstances shall Quartzite, Granite-gneiss, Andesite, Graywackes, Dacites, Argillite, Chalcedony, Opaline-shale and Chalcedonic-chert aggregates (Coarse or fine) shall be permitted on site or included as aggregates for concrete for all works either in-situ or precast under this contract."
23.S 23.2.S ROAD FURNITURE Road Reserve Boundary Posts Delete paragraph 5 of Clause 23.2 of the Standard Specification and substitute the following: "The posts shall be maintained in position and kept in a clean and legible state until the issuance of the Taking-Over Certificate."
5.3 Equivalency of Standards and Codes Wherever reference is made in the contract to specific standards and codes to be met by the materials, plant and other supplies to be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the contract.
Where such standards and codes are national, or relate to a particular country or region, other authoritative standards which ensure a substantially equal or higher performance than the standards and codes specified will be accepted, subject to the Employer's prior review and 123 written approval.
Differences between the standards specified and the proposed alternative standards must be fully described in writing by the Contractor and submitted to the Employer at least 28 (twenty eight) days prior to the date when the Contractor desires the Employer's approval.

In the event the Employer determines that such proposed deviations do not ensure substantially equal performance, the Contractor shall comply with the standards specified in the documents.
f % 124 Section 7: Contractor's Proposal The Contractor's proposal shall mean all the documents of the proposal as approved by and agreed with the Employer.
The Contractor's proposal shall include but not limited to the following: 125 (a) The Preliminary Design (b) The Draft Final Design (c) The Final Detailed Design (d) The Contractor's Documents (e) The Project Cost Component Breakdown (See attached) (f) The Statement Form based on the Cost Component Breakdown PROJECT COST COMPONENT BREAKDOWN - PHASE 126 ITEM DESIGNATION UN UNIT RATE QUANTITY TOTAL 1 1.1 1.2 1.3 1.4 CONCRHE WORKS Suppi/ and hstoD of reinforced precast U-drahs sections.

c20/2S.
c20/2S.

Mth 0.6 X 0.6 meters (free space) including excovotion.

pouring of bfndina concrete, backfifna ond compaction of soi Suppt/ ond instaS of reinforced precast U-drains sections c20/25 \M'tti 0.6 X 0.9 meters (free space) including excavotion.

pouring of bCndina concrete, backflno and compaction of soil U-Droin 0.60 Slob Suppt/ and installation of prefobricoted concrete kerb c20/25.

including preporotion of tkie base, supply and pouring of bEnding concrete.
1.5 Concrete Box Culvert 900 X 600 including, excavation, and backf] Supply and placemeni of culvert concrete ppe 0 900 mm.

hckjdina excavolion.

sand bed and embankment.

Supply ond placement of culvert concrete pipe 0 1200 mm hcludina excavotion.

sond bed and emtrankmenl.

Supply and plocemeni of culvert concrete pipe 0 1800 mm.

includina excavation, sand bed and embankment.

Concrete on otiier elements includhg reinforcement 1120 kg m3).

formv*3rk.
formv*3rk.

suopiv and oourino m m m m m m m m 239.9 40 605 9,743.938 344.2 61.99 41 610 14.113 37.817 66.42 10365 688.457 397.82 695 276.485 454.74 703.55 840.46 39 18 12 17.735 12.664 10.086 m3 1.087.02 598 e 650.039 SUB-TOTAt € 11.451.334 EARTHWORKS FSng witti Laterife.

including compoction.

and tronsport of material wthin 20 km of distonce Excavate and Distsose vvithh 20 km of distance Inspection / Clearina of veoetalbn.
debris, aarbaae Preporalton of Surface Excavation of tiard material / rock rcluding tronsport of material rxithin 20 km of distance Demolition includina disposal wiltsin 20 km of distance Provide and place selected boulder on site incKidina tiautaae Transport of aggregates and gravel on distances bigger Ikion 20km from the road location f 0 0 m3 m3 m2 m2 m3 m3 m3 m'.km PAVEMENT Double Surface Dressing pavement including, preparation of surface.
sut>-base of 150mm nalurcl gravel base Sfabiflzed Layer ISOmm 40% crushed rock - 60% Natural aravel Double Surface Dressing pavement including, preporatbn of surface, base Slabized Layer 150mm 40% crushed rock - 60% Naturol crovel (to be used in road that are sealed) Double Surfoce Dressing pavement including, preparatbn of surface and base of 1 SOmm natural aravel m2 m2 m2 3.4 ReseoEnovvth Double Surfoce Dressino pavemeni surface ont/.
m2 0 3.5 Asphalt Pavement 100 mm (2 x Layer of SOmm bbderand weon'ng) m2 Aspholl Pavement including Preparatbn of Surface Sub-base latural Gravel 150 mm.

Base Crushed Stone 200mm and Asphalt aver of 60mm m2 72.68 MARKINGS AND SIGNALS ^Aorkinas Ditto but 3(H)mm \xide at junctbn to bdcate posilbn beyond whfch a driver should not proceed when required to stop.
Ditto but indfcale pedestrian crossbo Ditto but continuous morkino ISOmm at edoe of cotriaaewov Ditto but inlermitten marking 120mm wide dividing conbgewoy into lane (Lllm m2 m m 0 50.20 50.12 2.59 3.40 224.71 193.98 119.46 1.14 81.446 59.276 744 358 744.358 - 200 0 .

0 - 0 4.088.893 2.970.787 1.926.679 2.528.767 38.795 .
SUB-TOTAL 0 I1.SS3.921 38.35 - 0 31.59 690 448 0 21 811.963 28.90 12.25 106.70 200.939 575.553 6.952 46.988 - - 0 0 0 0 SUB-TOTAL 0 22.588.45S 76.03 4.472 0 340.027 11.41 11.20 16 857 0 4 483 0 .

0 192.300 50.230 4.2 SIGNAIS Provide and erect reflective standard road" GIV E WA Y".
'STOP" and SPEED HUfAP" signs (as per MRH standard drawings, with 6<X)mm side Nr.l 4,4 ;dditbnal transport of equ'pmenl and camp site among sub-metros otter frst mobSzaton for that sub-metro has been done) rTTTTiir— n .-rroTAitCONsnucTioit:: Un 6 361.23 101 0 36.484 Un E 200.000.00 - 0 SUB-TOTAL 0 619.041 r - v.-,1 ' - 4liXU^[ll 1.6 1.7 1.8 1.9 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 3 3.1 3.2 3.3 3.6 4 4.1 4.1.1 4.1.2 4.1.3 4.2.1 € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € 5 GENERAL nCMS 127 CONTRACT REQUIREMENTS A no Performance Bond AI20 Provide Conlractor's AD Risk insurance SPECIFIC REQUIREMENTS Employer's supervision (Inclusive of Engineer's representative office.
Engineer's facDity mointenance.

transportation and Provide progress pt^otoqrapkis) Testing of materials and works as speciried in specification (quolty ass.l A 250.1 A 272 Provide and mohtoin traffic safety and systems during construction mth A.279 Provide and erect project sign board A 290.3 Alow for the implementation of Health.

Safety.
Safety.

Env'romental complance and Sociat Monagement Plan on METHOD RELATED CHARGES A31I.I Instalotion of camp sites A3II.2 Camp site monlainance during construction period (Including security (or the main and sateHtecomp s'rtes.

accommodation, utities.
cteonina.-.l Sum Sum % mth A.311.3 Ma'ntoin site camp during Defects Notification Period mth e A3n.4 Removing Contractor Camp sites Site Sun/ev Desian PROVISIONAL SUMS Sum % % Sum Sum 221.228 110.614 t 1 221.228 110.614 96 3% € SSOOO.IDOO.OO 1.650.000 Sum 315.405 1 24 1.00 31.762 26.100 319.365 1 1% « 55.000.000.00 23.000 24.OT 13.862 93.905 12.00 t t% 3% 55.000.000.00 55.000 000.00 A 420.1 A low for reinstatement and relocation of utSties services, including orovision of ducts and chambers P.Sum t.652.000 1 A 420.2 Percentage adjustment to A420.1 % 1.400.000 12.0096 SUB-TOTAL € Z:.
nzmroTAt ■j«Z2JS5siOjWJO(»a 315.405 762.288 26.100 319.365 550.000 552.000 166.344 93.905 550.000 1.650.000 1.652.000 168.000 8.787.249 € € € € € € € € € € € € € € € € € € € € € € € € € € € € I 4 128 Section 8: Other Related/Relevant Documents (NOT APPLICABLE)