106       Diversion Bridges

In the first line of Sub-clause (1) delete the words “as required by the contract” and substitute:

“wherever required by the execution of the Works to maintain traffic” 

Delete the second and third sentences of Sub-clause 3.

Delete the wording of Sub-clause (4) in its entirety and substitute:

“No separate measurement and/or payment shall be made for the work required under this Clause. All costs in connection with the work specified herein shall be considered included in the related items of work provided in the Bills of Quantities.” 

108       Notice Board

Delete the first sentence and replace with the following: 

The Contractor shall erect where directed by the Engineer signboards in accordance with the Appendices: Project Signboard and shall be protected and maintained up to the end of Defect Notification Period.

Add the following: 

Project signboards shall be measured as the number of signboards, satisfactorily provided, installed, maintained throughout the Contract period and subsequently removed.

Payment shall be made at the stated unit rate per signboard.  The price shall be full compensation for all materials and labour required to perform the work described. 

109       Environmental Protection Works

Delete the second paragraph and substitute:

The Contractor shall take all precautions for safeguarding the environment during the course of construction.  He shall abide by all prevailing laws, rules and regulations governing pollution and environmental protection.  In particular, the Contractor shall fully comply with the environmental protection mitigation measures specified in the latest version of the project’s specific Initial Environmental Examination or Environmental Management Action Plan, as provided by the Engineer.  If any activity of the Contractor may cause damage to the environment in ways not envisaged under project-specific documents, then he shall comply with the measures specified in the latest publication of “Environmental Management Guidelines” and Environmental &Social Management Framework (with Addendum 2012) published by the Department of Roads.

Delete the third paragraph and substitute: 

The Contractor shall prohibit employees from any use of explosives, poaching of wildlife and cutting of trees or branches.  The Contractor shall be responsible for the action of his employees.

(1)        Borrow/Quarry Sites 

In the first set of bullet points, delete the words “they may be environmentally unsuitable” in point (iii) and substitute:

“they may lead to general environmental or instability problems or may be environmentally unsuitable in any other way” 

At the end of Sub-clause (1) add the following:

“Twenty percent (20%) of all payments due to the Contractor in respect of the construction of embankment using borrow material or which are due under any other item of the Bills of Quantities in respect of material won from borrow pits, gravel pits or quarries shall be withheld until the sites of the borrow pits, gravel pits or quarries to which such payments relate have been completely reinstated to the full satisfaction of the Engineer and in accordance with the Specification provisions. 

(2)        Disposal of Spoil and Construction Waste

Insert additional paragraph to Clause 109 (2) Disposal of Spoil and Construction Waste, between existing first and second paragraphs

Under no circumstances whatsoever shall the Contractor allow spoil from any excavation or cut to fall or be pushed down the slope below.  In any situation where this occurs by accident or by purpose, the Contractor shall, at his own cost, remove the debris to a location approved by the Engineer and make good the affected area through appropriate structures and re-vegetation as specified by the Engineer and following guidelines published in the Department of Roads’ manual “Roadside Bio-Engineering”.  Failure in compliance with the Engineer’s instruction in respect of spoil disposal will lead to a reduction or with-holding of payment.

Add an additional paragraph after the existing second paragraph

Any construction waste that includes bitumen products, unused cement, fuel, oil or plastics shall be disposed of in a Government-approved or municipal landfill site.  If this is not practical then it may be disposed of by burial in a specially excavated pit at a site approved by the Engineer.  Land compensation shall be paid by the Contractor for the area occupied by the pit as if for permanent construction.  If the land is owned by the Government, then the Contractor must obtain written permission from the appropriate authority for its use in this manner, and must pay any royalties due.  The pit shall be located at least 100 metres from any seasonal or permanent water course or spring.  A hole shall be excavated below ground level so that, when the original surface profile is regained through backfilling, the disposed waste is covered by at least two metres of soil.  Following the closure of the waste disposal site, the Contractor shall provide any structures necessary to prevent erosion and shall re-vegetate the topsoil with appropriate plants.

(6)        Provision of Safety Clothing and Equipment

Insert new Clause 109 (6)

The Contractor shall provide all labourers, supervisors and site staff with suitable basic safety clothing manufactured to an appropriate ISO standard.  This shall include but not necessarily be limited to safety helmets and boots.  Gloves shall be issued when any form of hazardous material such as cement and bitumen is being handled, and when there is a risk of hand injury for example when using hammers and chisels.  Eye goggles shall be issued when there is a risk of eye injury, such as when using hammers.  Breathing masks shall be issued when there are dusty or smoky conditions.

Additional safety equipment is to be provided by the Contractor to all workers and supervising staff in certain sites.  In sites with moving traffic or machinery, fluorescent or brightly coloured waistcoats shall be issued.  Where workers are required to venture on to slopes steeper than 40 degrees, safety belt, safety clamps, harnesses and safety ropes shall be provided.

All workers and supervisory staff when on any site shall wear the basic safety clothing specified.  Where additional safety equipment is required by nature of the site, then all workers and supervisory staff when on any part of that site shall use the additional equipment in addition to the basic safety clothing specified.

The Contractor shall provide a set of safety clothing to all staffs of Consultant’s supervising staff and keep adequate stock for the visiting project personnel.

In hot weather the Contractor shall provide appropriate lightweight safety equipment, such as cotton gloves in place of rubber gloves and canvas boots in place of rubber boots.

The Contractor shall be responsible for ensuring that all his employees and the employees of any Subcontractor and any visitor to the site complies with the Engineer’s requirement to use safety clothing and equipment at all times.  Failure in compliance with the Engineer’s instruction in respect of safety clothing and equipment may lead to a suspension of works and a reduction or with-holding of payment until the Contractor complies.

(7)        Provision of First Aid/Medical Facilities

Renumber existing Clause 109 (6) to 109 (7)

Add the following after last paragraph

The Contractor shall provide information to his workers on methods of avoiding sexually transmitted diseases and infection by HIV/AIDS.

(10)       Hazardous Materials

Delete entire existing Clause 109 (9) Hazardous Materials (all three paragraphs) and substitute Clause 109 (10) Hazardous Materials

Hazardous materials are defined as cement, lime, bitumen and emulsion, paint, fuels, oils, battery acids, pesticides and herbicides.  The Contractor may not store hazardous materials within 100 metres of seasonal or permanent water courses or springs.  They must be housed in secure weather-proof buildings and protected against attacks by vermin and accidental contact by children.

Any worker handling hazardous materials must be appropriately equipped as described in Sub-clause 109 (6) above.

Any hazardous material requiring disposal must be handled as described in Sub-clause 109 (2) above.

Explosives, detonators, blasting powder and fuses are also classed as hazardous materials.  The Contractor may only bring explosives on to the site with the specific written permission of the Engineer.  In this event, the Contractor is responsible for alerting the appropriate security forces and ensuring that all Government regulations are fully met concerning the transport, storage and use of explosives and associated equipment.

If the Engineer instructs the use of explosives, only controlled methods shall be used as described in Clause 904 Explosives and Blasting.

(11)       Dust Nuisance

Insert new Clause 109 (11)

The Contractor shall avoid creating any high concentration of airborne dust or smoke within 100 metres of a house or other occupied building, or in situations likely to affect people, animals, crops or natural vegetation.

Dust from moving construction plant and road traffic shall be controlled by the regular spraying of water on to road surfaces in Terai and valley bottom sites.  In the hills dust control will be by the use of speed bumps to restrict traffic speeds to 30 km/h in open ground and 15 km/h within 100 metres of any occupied building.  The Contractor is responsible for all water spraying and the erection and maintenance of adequate speed bumps.  The Engineer may instruct additional measures at his discretion.

Where earthwork excavations cause dust to blow into areas where it causes a nuisance, the Contractor is responsible for altering the schedule of works to minimise the nuisance.  This may involve restricting the timing of work to certain hours of the day or completing works and restoring a dust-free surface as rapidly as possible.  The Engineer may instruct additional measures at his discretion.

(12)       Noise Pollution

Insert new Clause 109 (12)

The Contractor shall take every precaution to control excessive noise resulting in disruption to the local population and to wildlife.  All static plants shall be located at least 100 metres from occupied buildings and at least 800 metres from sites deemed by the Engineer to have sensitive wildlife.  The Engineer may require the construction of baffles or bunds around noisy plant in order to reduce the pollution caused.

The Contractor shall ensure that no employee plays loud music in any residential camp at any time.

(13)       Special Provisions for Sensitive Ecology

Add new Clause 109 (13:

In addition to the provisions of other Clauses, the Engineer may require the Contractor to undertake special provisions to protect any plant or animal deemed to be environmentally sensitive or otherwise worthy of unusual protection.

(14)       Reinstatement of Environment

Renumber existing Clause 109 (10) to 109 (14)

Add between existing two paragraphs:

The Contractor shall reinstate the environment of areas polluted by the use or spillage of hazardous materials as defined in Sub-clause 109 (10).  All such materials and polluted soil will be removed to a safe disposal site as described in Sub-clause 109 (2) Disposal of Spoil and Construction Waste.  The site will then be restored and re-vegetated as described above.  This provision applies in particular to all areas affected by bitumen.

(15)       Measurement and Payment

Renumber existing Clause 109 (11) to 109 (15) Measurement and Payment

Add after paragraph:

Failing to implement the above The Engineer will withhold as estimated by him from the interim payment certificates until such time as the work has been carried out to the satisfaction of the Engineer. Unless otherwise provided in the Contract no separate payment shall be made for compliance for the requirement of environment protection works. Payment shall be deemed to be included in the Contractor’s tendered rates.

Any civil and/or bio-engineering structures constructed at a spoil tipping site to prevent the construction spoil materials from erosion shall upon the instruction of the engineer be measured at the related unit rate and paid from corresponding provisional sum items allocated for such works in the Bill of Quantities.

112       Notes about Measurement and Payment

In Sub-clause (1) Measurement, delete the whole of the second paragraph and substitute:

The tolerances given in these Specifications are for the evaluation of the accuracy to which work has been constructed and for determining whether work should be accepted or rejected. The measurement of work done shall be based on the actual measured quantity of acceptable work executed except that, where the actual quantity is greater than the quantity which would have resulted from the precise designed or instructed dimensions and/or levels then the payable quantity shall be limited to the quantity determined on the basis of calculation using the designed or instructed dimensions and/or levels.

117       Contractor’s Establishment on Site

Office, Equipment Yard, workshops, stores etc.

It is the Contractor’s responsibility to acquire land for the siting of all his offices, accommodation, stores, testing facilities, equipment yards and workshops and for all temporary works and for the reinstatement of such land on completion of the Contract to the satisfaction of the owners and of the Engineer.  The Contractor shall obtain the approval of the Engineer for the siting of offices, accommodation, stores, testing facilities, equipment yards and workshops before such land is acquired and he shall indemnify the Employer against all claims and charges in respect of the occupation, use and reinstatement of the land.

The Contractor is solely responsible for the satisfactory accommodation of all his employees and for complying with all regulations and requirements in this respect.

118       Legal Relations and Responsibility to the Public

The Contractor shall take the steps necessary to comply with the terms of the Conditions of Contract, particularly in respect of the insurances and indemnities required, and he shall comply with all regulations of statutory authorities.

119       Provision of Insurances and Bonds

The Contractor shall provide all necessary Insurances, Bonds, Guarantees and Securities as are required and detailed in the Bidding Documents, Conditions of Contract or this Specification.

Measurement shall be as lump sum payments for all expenditure with regard to the provision of Insurance, Bonds and Securities.