Professional Documents
Culture Documents
Document Control
Revision Date
OCAM Section 1 Item
30-1-14
Contents List
Introduction
Use of Contact Administration Manual
Contract Administration
APPENDICES
K. Disputes
L .Termination and Fundamental Breach of Contract
M. Performance Appraisal
Authorisation:
Director of Operations
Executive Director
The Project Manager may be either an UNRA station staff member or a Consultant appointed by UNRA.
This manual is the result of a review of the administration of a number of ongoing term and periodic
maintenance operations contracts. The review identified issues with the quality of service provided by both
the contractors undertaking the works and the organisation managing the contracts. The standard of contract
administration was variable; some administration is of a reasonable standard, some is below standard. None
of the projects reviewed complied fully with the contract requirements resulting in various issues with project
quality, cost or delivery on programme.
There was criticism of the Contract by all parties. The form of Contract is identical for both term and periodic
maintenance contracts. Comments received ranged from concerns about inconsistencies though to criticisms
that the Contract did not provide adequate means to remedy inadequate performance.
The bidding and contract documentation has been subject to a thorough review. It is considered that there
are no major deficiencies with the Contract. It is a clear and well drafted document with adequate measures
to remedy non performance. There are some inconsistencies which require clarification and some scope for
minor modifications to assist the contractors’ understanding of the Employers requirements. In general, if the
project is implemented in the manner the Contract intends, it provides an effective means to manage term
and periodic maintenance projects.
The performance of contractors was found to be variable. Poor performers are not punished; and the Contract
measures available to remedy poor performance are not implemented. The ability of the contractor’s site
agent is fundamental to the success of the project. The agent must normally be on site; and must be capable
of managing the progress, budget and quality of the works as envisaged by the contract. This is not always the
case.
Contractors should be encouraged to improve their performance. The manual introduces a requirement for
the monthly monitoring of a contractors performance across a range of topics. The objective is to recognise
weaknesses in performance and encourage improvement. Contractors whose performance does not improve
should not be permitted to tender for future projects.
The Project Manager is also pivotal to the success of a project. Their performance on projects reviewed was
also found to be variable. The Project Manager must be proactive in managing the Contract and must
normally be present on site. This is not always the case. It is unacceptable for the Project Manager to visit site
once a month for the monthly progress meeting.
Responsibility Action
A. Preparation for Contract Award
Undertaken
Completed
Sub – Tasks A 1 to A16
Contractor
Employer
Guidance
Manager
required
Project
Letter
Letter
Date
by
Employer tasks are the responsibility of the Regional Manager
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Sub – Tasks B 1 to B10
Contractor
Employer
B1 Inaugural Meeting
Arrange an inaugural meeting attended by the Employer, Station L B1
Engineer, stakeholders, site supervision Project Manager and the
Contractor using Standard Agenda. Issue record of meeting.
B2 Scope of Maintenance Works
Write to the Contractor providing details of the scope of work L B2
including the updated strip map and any revision to the quantities.
B3 Start Date
Agree Start Date and Intended Completion Date with the L B3
Contractor. Confirm date in writing.
B4 Project Manager’s Site Representatives
Write to the Contractor giving names of staff who will represent L B4
the Project Manager on site and their responsibilities.
B5 Insurances
If evidence of insurances is not received 5 working days before L B5
the Start Date then write to the Contractor requesting details.
B6 Upon receipt of insurance details assess and confirm they comply
with the Contract including joint names and cover from Start Date
to the end of Defects Liability Period.
B7 If the insurance does not comply with the Contract write to the
Contractor seeking clarification of the terms of insurance. L B7
B9 Advance Payment
Check that the Contractor’s Advance Payment Guarantee complies
with the Contract; if it complies certify payment of the amount of L B9
the Advance and forward the certificate to the Employer for
payment.
B1 Program
0 Check the Contractor’s programme is prepared in accordance with
the Contract. L B10
Respond with approval or raise queries in writing within 10 working
days of receipt of the program from the Contractor.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Sub – Tasks B 11 to B18
Contractor
Employer
B1 Contractor’s Key Personnel
1 Check the key personnel are in accordance with the Contract. L B11
Approve replacement personnel in writing only if they are
substantially equal to or better than those scheduled.
B1 Contractor’s Quality Plan
2 Check the quality plan is in accordance with the Contract.
L B12
Respond with approval or raise queries in writing within 10 working
days of receipt of the plan from the Contractor.
B1 Contractor’s Mobilisation
3 Confirm that the Contractor has mobilised to site the necessary L B13
equipment, personnel and materials in accordance with the Contract.
Raise queries in writing with Contractor (if necessary).
B1 Contractor’s Borrow Pit Proposals
4 Check the Contractor’s borrow pit proposals are prepared in
accordance with the Contract. L B14
Respond with approval or raise queries in writing within 10 working
days of receipt of the proposals from the Contractor.
B1 Contractor’s Health and Safety Plan
5 Check the plan is prepared in accordance with the Contract.
L B15
Respond with approval or raise queries in writing within 10 working
days of receipt of the plan from the Contractor.
B1 Contractor’s Traffic Management Plan
6 Check the plan is prepared in accordance with the Contract.
L B16
Respond with approval or raise queries in writing within 10 working
days of receipt of the plan from the Contractor.
B1 Contractor’s Environmental Management Plan
7 Check the plan is prepared in accordance with the Contract.
L B17
Respond with approval or raise queries in writing within 10 working
days of receipt of the plan from the Contractor.
B1 Contractor’s Temporary Works Designs
8 Check the design is prepared in accordance with the Contract.
L B18
Respond with approval or raise queries in writing within 10 working
days of receipt of the plan from the Contractor.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
C. CONTRACTOR Project Start Up Tasks
Sub – Tasks C1 to C8
C1 Inaugural Meeting
Attend inaugural meeting with the Employer, Project Manager,
Station Engineer, and Stakeholders.
C2 Insurances
Supply evidence to the Project Manager that insurances are in L
place 5 working days before the Start Date.
C3 Advance Payment
Submit an application for advance payment (if provided for in L
the Contract).
C4 Program
Submit a program showing general methods, arrangements, the L
order, and the timing for all Works activities within 14 working
days of the Start Date.
C5 Contractors Personnel
Confirm in writing the details of key personnel in accordance
with the Personnel Schedule in the Contract within 14 working
L
days of the Start Date.
If replacement personnel are proposed; submit a request for
approval in writing to the Project Manager.
C6 Quality Plan
Submit Quality Manual providing details of quality control L
procedures required including materials testing proposals within
14 working days of the Start Date.
C7 Mobilisation
Mobilise equipment, personnel and materials to site in L
accordance with the contract and the program.
C8 Borrow Pit Proposals
Submit borrow pit proposals for approval prior to the start of
each maintenance activity or cycle including:
Locations, trial holes details and test results;
L
Proposals for usage of borrow materials;
Access, protection and finishing off details;
Confirmation of agreement with land owner.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
C. CONTRACTOR Project Start Up Tasks
Sub – Tasks C1 to C8
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
C. CONTRACTOR Project Start Up Tasks
Sub – Tasks C9 to C14
Responsibility Action
Guidance Agenda
Agenda Required
Project Manager
Date Completed
Undertaken by
D. Daily Tasks, Monthly Meetings and Monthly Reporting
Contractor
Employer
Sub – Tasks D1 to D8
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
E. Time Control
Contractor
Employer
Sub – Tasks E1 to E7
E1 Program
The Contractor shall submit a program within 14 working
days of the Start Date including:
L
a) general methods,
b) arrangements for the work,
c) the order and the timing for all activities.
E2 Program Updates
The Contractor shall submit an updated program every
month within 3 days of month end showing:
a) actual progress achieved on each activity, L
b) the effect of the progress achieved on the timing of
the remaining work,
c) any changes to the sequence of the activities.
E3 If the Contractor fails to submit a program the Project
Manager may withhold the amount stated in the GCC (27.3) L E3
from the next payment certificate.
E4 Program Revisions
The Contractor may revise and resubmit the program at any L
time. Revisions shall show Variations and Compensation
Events.
E5 Program Approval
The Project Manager shall check the Contractor’s program
submissions are prepared in accordance with the Contract L E5
and respond in writing with either queries or approval within
10 working days of receipt.
E6 Extension of the Intended Completion Date
If a Compensation Event or a Variation is issued which makes
it impossible for completion to be achieved by the intended L
date without additional costs the Contractor shall submit a
request for an extension with full supporting information.
E7 The Project Manager shall decide how much to extend the
Intended Completion Date within 21 days of a request from
the Contractor subject to the Employer’s approval.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
F. Quality Control and Defects
Contractor
Employer
Sub – Tasks F1 to F9
F1 Quality Control
The Contractor shall arrange testing to confirm that materials
used in the Works conform to the requirements of the L
specification and the Contractors Quality Plan. The Contractor
shall submit all test results to the Project Manager for approval.
F2 The Project Manager shall confirm all test results conform to the
requirements of the specification.
F3 Obtaining Borrow Materials
Borrow materials shall be located by the Contractor. The
Contractor shall search for and test all possible sources of
material within an economic distance of the location where the
materials will be used including possible sources so designated by
the Project Manager. The Contractor shall submit all borrow
material test results to the Project Manager for approval.
F4 The Project Manager shall approve borrow materials in writing
L F4
prior to their use in the Works.
F5 Identifying Defects.
The Project Manager shall check the Contractor’s work and give L F5
notice to the Contractor of any Defects that are found. The notice
shall specify the time for correction of the Defect.
F6 Tests
The PM may instruct the Contractor to uncover and test any work L F6
that he considers may have a Defect.
F7 Correction of Defects.
The Contractor shall correct all defects notified and shall inform L
the Project manager by letter on completion.
F8 The Project Manager shall give notice of the extension of the
Defects Liability Period for as long as a Defect remains to be L F8
corrected.
F9 Uncorrected Defects
If the Contractor has not corrected a Defect within the time
specified in the Project Manager’s notice, the Project Manager L F9
will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
G. Cost Control
Contractor
Employer
Sub – Tasks G1 to G10
G1 Bill of Quantities
The Contractor shall be paid for the quantity of work done at the
Bill of Quantities rate.
G2 Payment Certificates
The Contractor shall submit a monthly statement of the
estimated value of the work executed (less the amount certified
previously) within 3 working days of the month end. The value of
work executed shall include the valuation of Variations and
Compensation Events (if applicable).
G4 Payment certificates shall be adjusted for deductions for advance
repayment, retention and fluctuations in the cost of inputs (if
provided for in the Contract).
G5 The Project Manager shall check the Contractor’s statement of
the estimated value of the work done. The value of work
executed shall be determined by the Project Manager.
G6 The Project Manager may exclude any item certified in a previous
certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information - for
L G6
example if testing results indicate that the works executed do not
comply with the specification requirements or a defect is
identified.
G7 The Project Manager shall certify the amount to be paid to the
Contractor and forward the certificate to the Employer for
L G7
payment within 5 working days of the date of receipt of the
certificate.
G8 Payments
The Employer shall pay the Contractor the amounts certified by
the Project Manager within 30 days of the date of each
certificate.
G9 If the Employer makes a late payment, the Contractor shall be
paid interest on the late payment. The Contractor shall include
the interest in the next payment certificate.
G10 Interest shall be calculated from the date by which the payment
should have been made up to the date when the late payment is
made at the prevailing rate of interest for commercial borrowing
for each of the currencies in which payments are made.
Responsibility Action
Date Completed
Guidance Letter
Letter Required
Undertaken by
G. Cost Control
Contractor
Employer
Manager
Project
Sub – Tasks G11 to G18
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
H. Procedure for Early Warnings
Contractor
Employer
Sub – Tasks H1 to H4
H1 Early Warnings
The Contractor shall warn the Project Manager at the earliest
opportunity of any event adversely affect the quality of the work,
increase the Contract Price, or delay execution of the Works.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
I. Finishing the Contract and Final Account
Contractor
Employer
Sub – Tasks I1 to I9
I1 Completion
The Contractor shall request the Project Manager to issue a L
certificate of Completion of the Works.
I2 The Project Manager will issue a certificate of Completion of the
L I2
Works upon deciding that the work is completed.
I3 Taking Over
The Employer shall take over the Site and the Works within seven L I3
days of the Project Manager’s issuing a certificate of Completion.
I4 Correction of Defects
The Project Manager shall give notice to the Contractor of any L I4
Defects before the end of the Defects Liability Period.
I5 Defects Liability Certificate
The Project Manager shall issue a Defects Liability Certificate L I5
when all the defects notified to the Contractor have been
corrected (refer to Section F for details).
I6 Final Account
The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers
payable under the Contract before the end of the Defects Liability
Period.
I7 The Project Manager shall certify any final payment that is due to
the Contractor within 56 days of receiving the Contractor’s
account if it is correct and complete.
L I7
If it is not correct, the Project Manager shall issue within 56 days a
schedule that states the scope of the corrections or additions that
are necessary.
I8 If the Final Account is still unsatisfactory after it has been
resubmitted, the Project Manager shall decide on the amount L L I8
payable to the Contractor and issue a payment certificate.
I9 As built Drawings and Operating and/or Maintenance Manuals
If required shall be supplied by the Contractor by the dates stated
in the Contract
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
Employer
Sub – Tasks J1 to J8
J1 Mobilisation of Equipment
The Project Manager may consider the Contractor’s failure to L J1
mobilise the equipment scheduled in the Contract as a breach of
contract.
J2 Personnel
The Project Manager may consider the Contractor’s failure to L J2
mobilise the personnel scheduled in the Contract as a breach of
contract.
J3 Insurance
If the Contractor does not provide insurance in accordance with
the Contract the Employer may effect insurance and recover
premiums from payments due to the Contractor.
J4 Possession of Site
If the Employer does not grant possession of part of the Site by
the date stated in the Contract this will be deemed to be a delay
and this will be a Compensation Event.
J5 Work Stoppage
If the Contractor stops work for 28 days when no stoppage is
shown on the current program and the stoppage has not been L J5
approved by the Project Manager a breach of contract has
occurred.
J6 Rate of Progress
If the rate of progress at any time is such that the completion of
the works will be delayed by the number of days for which the L J6
maximum amount of liquidated damages can be imposed (usually
100 days) a breach of contract has occurred.
J7 Program Update
If the Contractor fails to submit a program update by the date
required the Project Manager may withhold the payment L J7
specified in the Contract from the next payment certificate until
the updated program is submitted.
J8 Extension of Intended Completion Date
If the Contractor failed to give an early warning of delay or has
not cooperated in dealing with the delay, the delay by this failure L L J8
shall not be considered in assessing the new intended Completion
Date.
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
Employer
Sub – Tasks J9 to J16
J9 Variations of Cost
The Contractor shall not be entitled to additional payment for L J9
costs that could have been avoided by giving an early warning.
J10 Correction of Defects
The Contractor will be in breach of Contract if the Project
Manager gives Notice that failure to correct a Defect is a breach L J10
of Contract and the Contractor fails to correct it in a reasonable
timescale determined by the Project Manager.
J11 If a defect has not been corrected in time the Project Manager
will assess the cost of correction and the Contractor will pay this L J11
amount.
J12 Payment for Variations
If the Project Manager considers the Contractor’s quotation is L J12
unreasonable the Project Manager may order the variation based
on the Project Manager’s forecast of the effect on costs.
J13 Payments
The Employer shall pay the amount certified by Project Manager
within 30 days of date of each certificate. If payment is late the
Contractor shall be paid interest (at the prevailing rate for
commercial borrowing) in the next payment.
If a certified payment is not paid by the Employer within 84 days
of the date of the Project Manager’s certificate a breach of
Contract has occurred.
J14 Compensation Events
If the Project Manager deems the Contractor’s forecast
unreasonable the Project Manager shall adjust the Contract Price
based on his own forecast. Refer to Task G14.
J15 Entitlement to Payment for Compensation Event
The Contractor shall not be entitled to compensation to the
extent that the Employers interests are adversely affected by the L J15
Contractor not providing an early warning or cooperating with the
Project Manager.
J16 Non Repayment of Advance
If the Contractor does not repay the advance the advance L J16
payment security may be exercised.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
Contractor
Employer
Employer
Sub – Tasks J17 to J23
J17 Security
The proceeds of the Performance Security shall be payable to the L J17
Employer as compensation for any loss resulting from the
Contractors failure to complete its obligations.
J18 If the Contractor does not maintain a Security which is required
the Contractor will be in breach of Contract.
J19 Cost of Repairs
Loss or damage between the Start Date and the end of the
Defects Correction period shall be remedied by the Contractor at
his cost.
J20 As built Drawings and Operating and/or Maintenance Manuals
If as built drawings and operating and/or maintenance manuals
are not supplied the Project Manager shall withhold the amount
stated in the SCC from payments to the Contractor.
J21 Fundamental Breach of Contract
The Employer or the Contractor may terminate the Contract if the L J21
other party causes a fundamental breach of the Contract.
J22 Payment upon Termination. Breach by Contractor.
The Employer receives a percentage of the value of the work not
completed as stated in the Contract.
J23 Payment upon Termination. Breach by Employer.
The Contractor receives costs of removal of equipment and
personnel; and costs of protecting and securing the Works.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
K. Disputes
Contractor
Employer
Sub – Tasks K1 to K7
K1 Prior to the Start of Works the Employer shall request the Uganda
Institution of Professional Engineers (UIPE) to appoint an
Adjudicator in the event of a dispute arising. Refer Task A16. L K1
The Employer shall notify the Contractor in writing of the details
of the appointment and request agreement to the appointment.
K2 If the Contractor believes that a decision taken by the Project
Manager was either outside the authority given to the Project
Manager by the Contract or that the decision was wrongly taken,
the decision shall be referred to any Adjudicator appointed under
the contract within 14 days of the notification of the Project
Manager’s decision.
The request for adjudication shall include all information
necessary to allow the Adjudicator to reach a decision.
K3 The Adjudicator appointed under the contract shall give a
decision in writing within 28 days of receipt of a notification of a
dispute, providing that he is in receipt of all the information
required to give a decision.
K4 Either party may refer a decision of the Adjudicator to an
Arbitrator within 28 days of the Adjudicator’s written decision. If
neither party refers the dispute to arbitration within the 28 days,
the Adjudicator’s decision will be final and binding.
K5 Any arbitration shall be conducted in accordance with the
Arbitration law of Uganda, or such other formal mechanism
specified in the SCC, and in the place shown in the SCC.
K6 Any Adjudicator appointed under the contract shall be paid by the
hour at the rate specified in the SCC, together with reimbursable
expenses of the types specified in the SCC, and the cost shall be
divided equally between the Employer and the Contractor,
whatever decision is reached by the Adjudicator.
K7 Should the Adjudicator resign or die, or should the Employer and
the Contractor agree that the Adjudicator is not functioning in
accordance with the provisions of the Contract, a new
Adjudicator will be jointly appointed by the Employer and the
Contractor.
In case of disagreement between the Employer and the
Contractor, within 30 days, the Adjudicator shall be designated by
the Appointing Authority designated in the SCC at the request of
either party, within 14 days of receipt of such request.
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
L. Termination and Fundamental Breach of Contract
Contractor
Employer
Sub – Tasks L1 to L3
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
L. Termination and Fundamental Breach of Contract
Contractor
Employer
Sub – Tasks L4 to L8
Responsibility Action
Project Manager
Date Completed
Guidance Letter
Letter Required
Undertaken by
M. Performance Appraisal
Contractor
Employer
Sub – Tasks M1 to M7
M1 Performance Appraisal
The Contractor will assess his performance for the issues and
indicators on the standard form and submit it for review by the
Project Manager monthly. Refer guidance M1.
M2 The Project Manager will arrange a meeting with the Contractor
and the Employer to review the Contractor’s performance.
M3 Project Manager’s Assessment of the Contractors Performance
The Project Manager or the Employer may change the
Contractor’s assessment of his performance based on the
evidence available during the month under assessment.
The Contractors scores may move either up or down; or stay the
same.
M4 The Project Manager or the Employer may introduce additional
issues and indicators at their discretion.
M5 The Project Manager will record the agreed scores and provide
copies to all in attendance as well as the Procurement and
Disposal Unit.
M6 Monthly scores will be tabulated. Overall the Contractor is
expected to improve his performance over the period of the
Contract.
M7 The performance appraisal system is based on a traffic light
scoring system
“Green” for good performance;
“Amber” for average performance; and
“Red” for poor performance
If the Contractor scores “red” for three months in succession the
Employee may consider the Contractor to be in breach of
contract and consider Contract termination.
4 Project Manager’s The Employer’s specific approval is The Project Manager will decide contractual matters
Decisions required to vary the time, cost or between the Employer and the Contractor in the role
quality of the Works. representing the Employer.
On matters of time, cost and quality the Employer’s
specific approval shall be obtained before taking
action.
5 Delegation The Project Manager may delegate any of his duties
and responsibilities to others after notifying the
Contractor in writing.
7 Subcontracting The Contractor may subcontract with the The Project Manager may give approval for
approval of the Project Manager. subcontracting.
9 Personnel The Contractor shall employ the key The Project Manager will only approve the
personnel named in the Personnel Schedule Contractor’s proposed replacement personnel if they
in the Contract. are substantially equal to or better than those
scheduled.
If requested by the Project Manager to
remove personnel the Contractor shall The Project Manager will monitor the performance
ensure that the personnel leave within 7 of key personnel and may request the removal of
days. personnel if their performance is not acceptable.
10 Employer’s and The Employer’s risks are stated in The Contractor’s risks are stated in the
Contractor’s Risks the Contract at Clause 11. Contract at Clause 12.
13 Insurance If the Contractor does not provide The Contractor shall provide insurance from The Project Manager shall confirm that the
insurance the Employer may the Start Date to the end of Defects Liability Contractor’s insurance meets the Contract
effect insurance and recover Period in the joint names of the Employer requirements and keep the Employer advised on the
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OCAM Section 1 Summary of Contract Obligations and Responsibilities
Clause Subject Obligations and Responsibilities
No.
The Employer The Contractor The Project Manager
premiums from payments due to and the Contractor for the amounts and validity of the insurance.
the Contractor. deductibles specified in the SCC.
Any proposed alterations to the terms of
The Project Manager shall approve any alteration to
the insurance shall be submitted to the
the terms of insurance requested by the Contractor.
Project Manager for approval.
14 Site Investigation The Contractor shall rely on any site
Reports investigation reports referred to in the SCC.
15 Queries about SCC The Employer shall raise any The Contractor shall raise any queries on The Project Manager will clarify any queries on the
queries on the SCC with the the Special Conditions of Contract (SCC) SCC.
Project Manager. with the Project Manager.
16 Contractor to The Contractor shall construct and install
Construct Works the Works in accordance with the
Specifications and Drawings.
17 Intended The Contractor shall commence execution
Completion Date of the Works in accordance with the
submitted program and complete them by
the Intended Completion Date specified in
the SCC.
18.1 Approval by the The Contractor is responsible for the design The Project Manager shall approve temporary works
Project Manager of Temporary Works. designs by the Contractor.
19.1 Safety The Contractor is responsible for the safety
of all activities on site.
20.1 Discoveries Discoveries are the property of The Contractor shall notify PM of any The Project Manager shall give instructions for
the Employer. discoveries and carry out the PM’s dealing with any discoveries made by the Contractor.
instructions for dealing with them.
21.1 Possession of Site The Employer shall give
possession of the Site to the
B. Time Control
27 Program Update The Employer may terminate the A program update shall show: If the rate of progress at any time is such that the
Contract if a fundamental breach (a) Actual progress achieved for each completion of the works will be delayed by the
of contract has occurred. activity; number of days for which the maximum amount of
(b) Effect of progress on remaining liquidated damages can be imposed (usually 100
activities; and days) a fundamental breach of contract has occurred
(c) Timing of remaining work including and the Project Manager shall advise the Employer.
any change in sequence;
(d) All Variations and Compensation
Events.
Revision of the The Contractor may revise and resubmit the The Project Manager shall approve the program
Program program at any time. Revisions shall show update.
27
Variations and Compensation Events.
28 Extension of The Employer’s specific approval is Subject to the Employer’s approval the Project
32. Early Warning The Employer shall approve The Contractor shall warn the Project The Project Manager may require the Contractor to
proposals to avoid or reduce the Manager of any likely future event that may provide an estimate of the effect on time and price.
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OCAM Section 1 Summary of Contract Obligations and Responsibilities
Clause Subject Obligations and Responsibilities
No.
The Employer The Contractor The Project Manager
event. adversely affect the quality of the work, The Project Manager shall consider how this event
increase the price or delay the Works. can be avoided or reduced and instruct the
Contractor accordingly subject to the Employer’s
The Contractor shall cooperate with the
approval.
Project Manager in considering how this
event can be avoided or reduced and carry
out any resulting instructions from the PM.
C. Quality Control
33 Identifying Defects The Project Manager shall check the Contractor’s
work and notify him of any Defects found. The
Project Manager may also instruct the Contractor to
search for a defect and test any work that may have
a Defect.
The Project Manager may instruct a test not included
34 Tests If the test shows that there is a defect the
in the Specification.
Contractor shall pay for the test.
If the test shows there is no defect the test shall be a
Compensation Event.
35 Correction of The Employer may terminate the The Contractor shall correct the defect The Project Manager shall give notice to the
Defects Contract if a fundamental breach within the period given by the Project Contractor of any Defects before the end of the
of contract has occurred. Manager. Defects Liability Period.
The Project Manager shall extend the Defects
Liability Period for as long as Defects remain to be
corrected.
If the Contractor fails to correct it in a reasonable
timescale determined by the Project Manager then
the PM shall give notice to the Contractor that the
failure to correct a Defect is a fundamental breach of
Contract and will advise the Employer.
36 Uncorrected The Contractor will pay the amount If a defect has not been corrected in time the Project
49 Liquidated The Employer may deduct The Contractor shall pay damages at the The Project Manager shall calculate the liquidated
Damages liquidated damages from rate stated in the SCC for each day that damages and deduct them from payments to the
payments due to the Contractor completion is later than intended date. Contractor.
for each day that completion is
later than intended date.
50 Bonus If so stated in the SCC that Contractor shall
be paid a bonus.
51 Advance Payment The Employer shall pay an The Contractor shall provide an on demand The Project Manager shall keep the Employer
advance payment of the amount Bank Security effective until the advance is advised on the security validity.
stated in the SCC against provision repaid.
of an on demand Bank Security by
The Contractor shall use the advance
the Contractor. The Project Manager shall deduct advance
payment only for equipment, plant,
repayments from payments to the Contractor.
materials and mobilisation expenses and
shall demonstrate that the advance has
been used in this way by supplying invoices
or other documents.
The Contractor shall repay the advance by
deducting amounts from payments.
Version 1.0: 30th January 2014 Page 9 of 12
This is not a controlled document.
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OCAM Section 1 Summary of Contract Obligations and Responsibilities
Clause Subject Obligations and Responsibilities
No.
The Employer The Contractor The Project Manager
52 Performance The Contractor shall provide a Performance The Project Manager shall keep the Employer
Security Security within 28 days of the notification of advised on the security validity.
contract award valid until a date 28 days
from the date of issue of Completion
Certificate.
53 Day works The Contractor shall recorded day works on The Project Manager shall give written instruction for
forms approved by the PM and signed by the use of day works; shall approve forms for the use
the PM. of recording day works and shall sign them within 2
days of the work being done.
54.1 Cost of Repairs The Contractor shall remedy loss or damage
between the Start Date and the end of the
Defects Correction period at his cost.
E. Finishing the Contract
55 Completion The Contractor shall request the PM to The Project Manager will issue a certificate of
issue a certificate of completion. completion upon deciding that work is completed.
56 Taking Over The Employer shall take over the
site and the Works within 7 days
of completion certificate issue.
57 Final Account The Contractor shall supply a Final Account The Project Manager shall issue a Defects Liability
before the end of the defects liability Certificate and certify final payment correct within
period. 56 days.
If it is not correct the Project Manager shall issue a
response to the Contractor within 56 days.
If the resubmitted Final Account is not satisfactory
the Project Manager shall decide the amount
payable and issue a payment certificate.
59 Termination The Employer may terminate the The Contractor may terminate the Contract If a defect is not corrected by the Contractor the
Contract if the Contractor causes a if the Employer causes a fundamental Project Manager may give notice that failure to
fundamental breach of the breach of the Contract. correct a defect is a fundamental breach of Contract.
Contract.
If the Contract is terminated the Contractor When either party gives notice of breach of contract
shall immediately, make the Site safe and for any cause not included in Cl 59.2 the Project
leave Site as soon as reasonably practical. Manager shall decide if the breach is fundamental or
not.
60 Payment upon The Employer receives a The Project Manager shall issue a certificate for:
Termination. percentage of the value of the (a) Value of work done and;
Breach by work not completed as stated in (b) Materials ordered;
Contractor. the SCC.
Less:
(c) Advance payments received; and
(d) % to apply to the value of the work not
completed as indicated in SCC.
60 Payment upon The Contractor receives costs of removal of The Project Manager shall issue a certificate for:
Termination. equipment and personnel; and costs of (a) Value of work done;
Breach by protecting and securing the Works. (b) Materials ordered;
Employer.
Less
(c) Advance payments received;
(d) Reasonable cost of removal of equipment;
(e) Repatriation of Contractor’s personnel;
(f) Contractor’s costs of protecting and securing
the Works.
Dear Sir,
Name of Officer
Position
c.c.
List of Enclosures
1. Introduction
Description of the Contract scope and UNRA expectations
Introduction of Operations Contract Administration Manual
Measurement of Contractors Performance
2. Organisation
Client’s Organisation and personnel –list key staff and contacts
Confirmation of Project Manager's Key Staff and date for mobilisation
Project Manager to present office and transport arrangements
3. Lines of Communication
Details of addresses and telecommunications of all parties
Correspondence circulation; copies to whom and where
Letters/Site Memos / Instructions / transmittals
Naming of documents and submission of documents and data to UNRA
4. Documents
List of documents to be handed over to Project Manager
5. Programme
Confirm start date for Supervision Contract and Construction Contract
Submission of programme for mobilisation of Supervision Team
6. Securities/Insurances
Review of status of securities and insurances required under the Contract
8. Consultant’s Invoice
Format, advance payment (if applicable)
Deductions and repayment of Advance (if applicable)
9. Progress Reports
Scope, frequency, timings, content and hard/soft copy numbers to be agreed
11. Safety
Safety provisions and procedures including first-aid and accident reporting
Dear Sir,
Please note the actions arising and ensure they are undertaken by the dates agreed.
The date of the next meeting is yyyy, for the site visit and agreement of the scope of works. We will
meet at xxxxxx.
Yours faithfully,
Name of Officer
Position
c.c.
List of Enclosures
Present at Meeting
UNRA Consultant
Action By
Item No. Minute
Responsible Date
1.
2.
3.
4.
5.
Date PleaseGuidance
quote No.Letter
UNRA/xx/xx/xx
A11 Appointment of Project Manager
Contractor
Address
Address
Address
Dear Sir,
We write to confirm the details of the Project Manager under the Contract as follows
Consultant Name – address and contact details
Team Leader and Road/Highway Engineer – name and contact details
We would remind you that the Employer’s specific approval is required for varying the Works with
respect to time, cost and quality. Any request for variation shall be communicated to the Employer
through the Project Manager who will verify the reasons for approval and forward them to the
Employer.
Yours faithfully,
Name of Officer
Position
Present at Meeting
UNRA Consultant
Action By
Item No. Minute
Responsible Date
1.
2.
3.
4.
5.
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
Please find attached Minutes of the Site Visit and Meeting held on xxxxxxx.
Following the site visit we have updated the strip map to illustrate the scope of works
agreed and also updated the Bill of Quantities based on the revised scope of work. The
budget for the Works is now UGX xxxxxx.
We would be grateful to receive your confirmation of the scope and budget for the
Works.
Yours faithfully,
Present at Meeting
Action By
Item No. Minute
Responsible Date
1
2
3
4
5
Address
Address
Address
Phone
Facsimile:
Date Guidance Letter A13 Land Acquisition, Third Party or Compensations Issues
UNRA
Address
Address
Address
Dear Sir,
Following our Site Visit and Meeting held on xxxxxxx we have now reviewed the land
acquisition, third party and compensation issues identified.
On this basis you may confirm possession of the Site to the Contractor.
Yours faithfully,
Present at Meeting
Action By
Item No. Minute
Responsible Date
1
2
3
4
5
Contractor
Address
Address
Address
Dear Sir,
In accordance with Clause 21 of the Contract we give you possession of the Site with effect from the
Start Date (insert start date).
Yours faithfully,
Name of Officer
Position
Dear Sir,
We acknowledge receipt of the revised strip map and Bill of Quantities following our site visit on
xxxxxx.
We are content with your revised proposals and confirm that a budget of UGX xxxxxx is allocated to
this project. Please ensure that you manage the Works to achieve completion within this Contract
Price.
We would remind you that the Employer’s specific approval is required for varying the Works with
respect to time, cost and quality. Any request by the Contractor for a variation shall be
communicated to the Employer by you.
Yours faithfully,
Name of Officer
Position
c.c. Contractor
Dear Sir,
In accordance with the Contract the Uganda Institution of Professional Engineers is responsible for
the appointment of an Adjudicator. We would be grateful if you would appoint a Adjudicator in the
event a dispute arises.
The fees and reimbursements payable to the Adjudicator are 100,000 UGX per hour; they will be
paid jointly by the Employer and the Contractor for inputs in the event of a dispute arising.
Please provide both the Employer and the Contractor with a copy of your letter of response.
Yours faithfully,
Name of Officer
Position
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
You are requested to attend a meeting on xxxxx at yyy hours at the UNRA Station at zzzz to discuss
the above project.
The purpose of the meeting is to obtain an understanding between the Contractor, the Client and
the Project Manager on how you intend to successfully undertake construction of the Works. We
attach the proposed agenda for the meeting.
Please confirm your attendance at the meeting and advise the participants from your side who will
attend.
Please be prepared to present your proposals for mobilisation, personnel, programme and quality.
It is important that you appreciate what UNRA wish to achieve, namely for you to deliver the project
on time, to specification and to budget. This will form a key part of how UNRA intend to measure
your performance during construction of the Works.
Please make sure you include in all letters, “Our Reference”, which contains the contract number for
this project which is to be included on all correspondence and documents.
Yours faithfully,
cc UNRA
Stakeholders
Address
Address
Address
Phone
Facsimile:
1. Introduction
Description of the Contract scope and UNRA expectations
Introduction of Operations Contract Administration Manual
Measurement of Contractors Performance
2. Organisation
Employers Organisation and personnel
Project Manager's organisation and personnel
Contractor's organisation and personnel
3. Communications
Details of addresses and telecommunications of all parties
Correspondence circulation; copies to whom and where
4. Scope of Works
Timing for issue of drawings/strip map to the Contractor
5. Programme
Submission of programme and method statement(s)
Plant, equipment and labour mobilisation
Status of land acquisition and compensation (Employer to comment)
Dates for commencement and possession of site (or parts thereof)
6. Insurances
Status of insurances required under the Contract
7. Meetings
Schedule for progress meetings
Agenda to be issued by the Engineer’s Representative
12. Safety
Contractors Health and Safety Plan
HIV/AIDS Awareness and STD prevention
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Please note the actions arising and ensure they are undertaken by the dates agreed.
cc UNRA
Stakeholders
Present at Meeting
Action By
Item No. Minute
Responsible Date
1
2
3
4
5
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Following contract award we have reviewed the scope of works to take account of the existing
condition of the road.
Please find attached a strip map indicating the revised scope of works together with a revised Bill of
Quantities.
Please include the revised scope of works in your next programme update.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We write to confirm the agreed Start Date and the Intended Completion Date as follows:
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We write to confirm the details of the Project Manager’s Site Representatives and their
responsibilities as follows:
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
The Contract (Clause 13) requires you to provide insurance from the Start Date to the end of the
Defects Liability Period in the joint names of the Employer and the Contractor.
Please provide evidence of insurance in accordance with the Contract requirements within 7
calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing details of your insurance.
Your insurance does not comply with the Contract requirements as follows:
Delete/comment as applicable:
Joint Names
Period of Insurance
Cover and/or deductibles for loss of or damage to the Works, Plant and
Materials
Cover and/or deductibles for loss of or damage to Equipment
Cover and/or deductibles for loss of or damage to property
Cover and/or deductibles for personal injury or death
Please provide insurance which complies with the Contract within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The Contractor has provided evidence of insurance (insert details of Contractor letter dated and
reference no.).
Either
We have checked that the terms of insurance conform with the Contract requirements and enclose a
copy of the insurance for your information.
Or
The Contractor’s insurance does not comply with the Contract requirements as follows:
Delete/comment as applicable:
Joint Names
Period of Insurance
Cover and/or deductibles for loss of or damage to the Works, Plant and
Materials
Cover and/or deductibles for loss of or damage to Equipment
Cover and/or deductibles for loss of or damage to property
Cover and/or deductibles for personal injury or death
Yours faithfully
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The contractor has submitted an interim payment certificate for the advance payment (IPC No. 1
dated xxxxxxxxxxxx) (insert date).
We can confirm that the Contractor has provided an advance payment on demand bank guarantee
dated xxxxx (insert date); which conforms with the Contract requirements. This guarantee was
presented on xxxxxx (insert date).
We have checked the interim payment certificate and confirm it is in accordance with the Contract.
We now attach xx copies the signed certificate for payment by the Employer.
Please be advised that in accordance with Contract Clause 51 the payment of the advance shall be
made to the Contractor within 30 days (calendar or working to be confirmed in contract definitions)
of the presentation of the bank guarantee. Therefore payment should be made by xxxx (insert date).
Yours faithfully
cc Contractor’s Representative
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Delete/comment as applicable:
Method Statement
Site Set Up;
Source major materials, timescale for testing and approvals;
Approach to Quality (Quality Plan to be submitted separately for approval)
Plant
Method statement for each key activity to include production rates.
Programme
Site Set Up
Borrow Pit investigation/approval period, material production
Approvals e.g. site trials
Work broken down into major activities and sections including Chainages and
resources
For each section, quantities with assumed production rates (different for
wet/dry seasons)
Critical Path
Please submit a revised programme taking account of the comments within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Either
Your proposed personnel are approved.
Or
Your proposed personnel are not approved. Replacement personnel must be equal to or better than
those scheduled in the Contract. Please see comments below.
Delete/comment as applicable:
Site Agent
Inadequate knowledge of maintenance and construction of unpaved highways;
Inadequate experience of preparation of project programs and program
updates;
Inadequate experience of preparation of estimates of work done;
Inadequate experience of natural road base course materials;
Inadequate experience of site management.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Either
Your proposed Quality Plan is approved.
Or
Your proposed Quality Plan is not approved. Please see comments below.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Personnel
You are obliged under the Contract to employ the key personnel named in the Contract. You have
failed to mobilise the personnel listed below or propose suitable replacements for approval. (List
personnel)
Equipment
You are obliged under the Contract to mobilise the equipment named in the Contract. You have
failed to mobilise the equipment listed below. (List equipment)
Materials
You have failed to identify suitable gravel materials; and undertake the necessary testing to establish
the quality and quantity of material required.
The Employer has provided you with an advance payment for use only to pay Equipment, Plant and
Materials and mobilisation expenses required specifically for execution of the Contract. We are not
satisfied that you have made use of the advance payment in accordance with the Contract
provisions. Please supply copies of invoices or other documents demonstrating your use of the
advance payment.
Please take action to address the issues discussed above within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We write to express our concern on your lack of progress in providing your proposals for gravel
materials from borrow pits.
You are obliged under the Contract to submit borrow pit proposals for approval prior to the start of
each maintenance activity or cycle to demonstrate the availability of the quantity and quality of
gravel required including:
Delete/comment as applicable:
Locations, trial holes details and test results;
Proposals for usage of borrow materials;
Access, protection and finishing off details;
Confirmation of agreement with land owner.
Failure to finalise the location of your proposed borrow pits will result in a delay to the program of
Works. Please take action to address this issue within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) submitting your health and safety
plan.
Either
Your plan is approved.
Or
Your plan does not comply with the Contract requirements. Please see comments below.
Delete/comment as applicable:
safe operation of equipment and safe access,
safe handling, storage and transport of materials
protective clothing and equipment
appointment of Safety Officer
safety courses
sanitation arrangements
measures to reduce occupational health hazards
hiv/aids and std prevention
Please take action to address the issues detailed above within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) submitting your traffic management
plan.
Either
Your plan is approved.
Or
Your plan does not comply with the Contract requirements. Please see comments below.
Delete/comment as applicable:
provision of diversions
safe passage and control of traffic
access to properties affected by the Works
Please take action to address the issues detailed above within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) submitting your environmental
management plan.
Either
Your plan is approved.
Or
Your plan does not comply with the Contract requirements. Please see comments below.
Delete/comment as applicable:
landscape preservation
prevention of water pollution
abatement of air pollution and dust
cleanup and disposal of waste materials
Please take action to address the issues detailed above within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Your have failed to submit any details of your designs for temporary works for approval in
accordance with Contract Clause 18.
Please take action to address this issue detailed above within 7 calendar days. If you consider there
to be no temporary works please provide confirmation in writing.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Your have failed to submit programme updates for ( insert months xxxx and yyyy) in accordance with
Contract Clause 27.
Please take urgent action to provide a program update within 7 calendar days.
If you do not submit an updated programme within this period we will withhold the amount stated
in the Special Conditions of Contract (Clause 27.3) from the next payment certificate until the
overdue program has been submitted.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing your program update
.
Either
Your program is approved.
Or
Your program does not comply with the Contract requirements. Please see comments below.
Delete/comment as applicable:
actual progress achieved on each activity,
the effect of the progress achieved on the timing of the remaining work,
any changes to the sequence of the activities
the effect of variations or compensation events.
Please submit a revised program taking account of the comments within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing details of your borrow pit
proposals.
Either
Your proposals are approved.
Or
Your proposals do not comply with the Contract requirements. Please see comments below.
Delete/comment as applicable.
Your test proposals are insufficient to demonstrate the availability of the quality
of gravel required, more testing is required;
Your test proposals are insufficient to demonstrate the availability of the
quantity of gravel required, more testing is required;
Please provide more detail on where you propose to use the borrow pit
material to demonstrate it is the most economic option for the Employer;
You have failed to provide access, protection and finishing off details;
You have failed to confirm the agreement of the land owner;
Other comments that may be applicable
Failure to finalise the location of your proposed borrow pits will result in a delay to the program of
Works. Please take action to address these issues within 7 calendar days.
Yours faithfully
cc UNRA
Version 1.0: 30th January 2014 Page 4 of 13
This is not a controlled document.
The controlled document is held electronically
Company Logo (Consultant or UNRA Station Name)
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Please correct the defects notified within the length of time specified in accordance with Clause 35
of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We write to give notice that we require you to uncover and test the following works to confirm that
they are in accordance with the Contract requirements:
Please uncover the works and undertake the testing notified within the length of time specified in
accordance with Clause 33 of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to our letter dated (insert date) and (reference no.) giving notice to correct Defects.
In accordance with Clause 35 of the Contract we give notice that the Defects Liability Period has
been extended to the date by which you are required to correct the outstanding defects.
If necessary the Defects Liability Period will be further extended until these defects are corrected.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to our letter dated (insert date) and (reference no.) giving notice to correct Defects.
In accordance with Clause 36 of the Contract we give notice that we have assessed the costs of
having the Defects corrected as follows:
If the Defects are not corrected within xx working days these costs will be deducted from the final
payment due to you under the Contract in accordance with Clause 36 of the Contract.
Meanwhile in accordance with Clause 35 of the Contract we hereby notify you that the Defects
liability period has been extended to xxxx.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to our letter dated (insert date) and (reference no.) giving notice to correct Defects.
This work was previously certified in interim payment certificate (insert number and date of
certificate) and payment was made on (insert date).
In accordance with Clause 42 of the Contract we will deduct the following amount from future
payment applications until such time as the Defect notified has been corrected:
Yours faithfully
cc UNRA or as required
List of Enclosures
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
(Insert Contractor’s name) has submitted an application for payment, Interim Payment Certificate
(IPC) No. xx for the period of (insert period from/to), total (insert amount in numbers) and (in
words), excluding VAT.
We enclose xx copies of the Certificate together with the Contractor’s covering letter (insert ref no.
and date) for your attention.
In accordance with Contract Clause 43 payment should be made to the Contractor by (insert date 30
days from the date of the certificate).
Yours faithfully
cc Contractor’s Representative
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The contractor has written to request the instruction of a Compensation; please refer to the
Contractor’s letter dated (insert date) and (reference no.) (copy attached).
We have assessed the Contractor’s justification and forecast cost for the Compensation Event. We
consider that the justified on the following grounds:
Early warning for the event was given by the Contractor on (insert date and
letter reference)
Insert justification citing relevant contract clause (Clause 44.1)
We attach a copy of our assessment of the Compensation Event for your attention.
In accordance with the Contract requirements we request your approval for a Compensation Event
as follows:
additional cost (insert additional cost and revised Contract price)
extension of the Intended Completion date to (insert extension period and new
Intended Completion Date).
We look forward to receiving your approval.
Yours faithfully
cc Contractor
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing a forecast for
Compensation Event No. xx (insert number).
We have assessed your forecast and consider it to be unreasonable for the following reasons:
Provide justification
We attach the Project Manager’s assessment of the Compensation Event for your information.
We propose to seek approval from the Employer for a Compensation Event on this basis in
accordance with Clause 40 of the Contract.
Please confirm you are content to proceed with the Compensation Event on this basis within 7
calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to the discussions at the Progress Meeting held on (insert date) wherein you raised Early
Warning No. xx (insert number and brief description of early warning).
Please provide an estimate of the expected effect of the event and its impact as follows:
Impact on quality of the work
Effect on cost of the Work
Effect on the Intended Completion Date
Proposals to overcome or reduce the effects of the event.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Either
We enclose the Completion Certificate.
We have requested the Employer to take over the Site within 7 days of the date of this certificate.
Or
The following works are outstanding:
Insert list of outstanding works. Include reasonable date for completion of each
item.
Please complete these works. On completion of these works please submit a new request for a
Completion Certificate.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
In accordance with Clause 55 of the Contract we certify that Works are complete.
Signature ........................................
Address
Address
Address
Phone
Facsimile:
Date Guidance Letter I3 Completion of the Works and Site Take Over
UNRA
Address
Address
Address
Dear Sir,
The Works have been completed and a Certificate of Completion has been issued to the Contractor
(copy of certificate attached).
Following the completion of the Works the Employer shall take over the Site within 7 days of the
issue of the Certificate of Completion.
Accordingly the Site will beome the Employer’s responsibility on (insert date 7 days after date of
certificate).
Yours faithfully
cc The Contractor
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Please correct the defects notified within the length of time specified in accordance with Clause 35
of the Contract.
Please note that the Defects Liability Period will be extended for as long as the defects remain to be
corrected.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Either
We enclose the Defects Liability Certificate confirming completion of the Defects Liability Period and
correction of all notified Defects.
Or
The following Defects require correction:
Insert list of outstanding Defects and letter reference for each defect
notification.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Signature ........................................
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) enclosing the Final Account.
Either
We confirm that the final account is correct and complete. We have certified the Final Account and
passed it to the Employer for payment.
50% of the retention has been repaid following issue of the Certificate of Completion of the Works.
The remaining 50% will be repaid upon completion of the Defects Liability Period, correction of the
Defects and issue of the Defect Liability Certificate. (Amend as necessary according to the
circumstances).
Or
The Final Account is incorrect. We hereby provide a schedule of correction and additions to the Final
Account that are required.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) enclosing the revised Final Account.
Either
We confirm that the revised Final Account is correct and complete. We have certified the Account
and passed it to the Employer for payment.
Or
The Final Account is unsatisfactory. We hereby provide a schedule of the issues and our decision on
the amount payable for each issue.
In accordance with clause 57 of the Contract the Project Manager shall decide on the amount
payable for the Final Account and issue a payment certificate. Please find attached a copy of the
payment certificate forwarded to the Client for payment in settlement of the Final Account.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We wrote to express our concern on your inadequate mobilisation of equipment, personnel and
materials (delete as applicable) on (insert date and reference number of letter).
You have also failed to supply copies of invoices or other documents demonstrating your use of the
advance payment to pay Equipment, Plant and Materials and mobilisation expenses as requested in
our letter (insert date of letter).
Your inability to mobilise in accordance with the Contract is considered to be a fundamental breach
of the Contract.
We hereby give Notice that if you do not mobilise the equipment, personnel and materials required
by the Contract within 28 calendar days we will recommend to the Employer that they terminate the
Contract in accordance with the procedure set out Clause 59 of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We wrote to express our concern on the poor performance of your site agent on (insert date and
reference number of letter). You have failed to respond or replace your site agent.
Your performance of your site agent continues to be inadequate and it is effecting the performance
of the Contract as follows:
(delete/amend list as applicable)
The quality of the materials and the quality of the Works do not meet the
specification requirements and there are defects;
The Contract is behind program (state timescale);
The program is out of date and not being regularly updated; and
It is considered that you will not complete the Works by the Intended
Completion Date.
Your inability to mobilise an experienced site agent is resulting in major difficulties with the Contract
implementation. This is considered to be a fundamental breach of the Contract.
We hereby give Notice that if you do not provide a properly qualified and experienced site agent as
required by the Contract within 28 calendar days we will recommend to the Employer that they
terminate the Contract in accordance with the procedure set out Clause 59 of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
You have stopped work on the Contract for in excess of 28 calendar days without explanation in
writing.
The program does not call for a stoppage and it has not been authorised by the Project Manager.
We hereby give Notice that if you do not submit a revised programme which shows how you intend
to complete the Works by the Intended Completion Date and restart the Works with 14 calendar
days we will recommend to the Employer that they terminate the Contract in accordance with the
procedure set out Clause 59 of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
The program does not record the actual progress achieved to date nor does it show how you intend
to complete the Works by the Intended Completion Date.
Based on the rate of progress achieved to date we estimate that the works will be delayed by xxxx
(insert Project manager’s estimate of delay).
This delay exceeds the number of days for which the maximum amount of liquidated damages can
be imposed (yyy days –insert number of days calculated in accordance with Contract Clause 49).
In accordance with Clause 59 of the Contract this represents a fundamental breach of the Contract.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We wrote to you on (insert date and reference no. of letter) concerning your failure to submit
program updates for (insert months xxxx and yyyy) in accordance with Contract Clause 27.
Accordingly, in accordance with Clause 27 of the Contract, we hereby give notice that we will
withhold the amount (insert amount calculated in accordance with Special Conditions of Contract
Clause 27.3) from the next payment certificate and continue to withhold this amount until the next
payment after the overdue program has been submitted.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) requesting an extension of the
Intended Completion Date from (insert current date) to (insert new date requested by Contractor)
because of the (insert reason for delay supplied by the Contractor).
We have considered your request for an extension of time and we have decided that the Intended
Completion Date will not be extended because in accordance with Clause 32 of the Contract
Either
you failed to give an early warning of the delay.
Or
you failed to cooperate in dealing with this delay following your early warning in accordance with
our letter (insert date and reference number of our letter).
Therefore your request for an extension of the Intended Completion Date is rejected in accordance
with Contract clause 28.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) supplying a quotation for a
Variation of (insert cost requested by Contractor) because of the (insert reason for Variation
supplied by the Contractor).
We have considered your request for a Variation. In accordance with Clause 40 of the Contract your
request for a variation is rejected because you failed to provide an early warning in accordance with
Clause 32 of the Contract and provision of an early warning would have allowed the additional cost
to be avoided.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to our letter (insert date and reference number) giving notice of the requirement to correct
the following Defects within the length of time stated:
You have failed to correct the Defects in the length of time stated.
Your failure to correct the defects is considered to be a fundamental breach of the Contract.
We hereby give Notice that if you do correct the defects within 14 calendar days (insert reasonable
period) we will recommend to the Employer that they terminate the Contract in accordance with the
procedure set out Clause 59 of the Contract.
Meanwhile we propose to extend the Defects Liability Period until the (insert reasonable date by
which the defects could be corrected).
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
We refer to our letter (insert date and reference number) giving notice of the requirement to correct
Defects within the time stated. You have failed to correct the Defects in the time stated.
In accordance with Clause 36 of the Contract we have assessed the cost of having the Defects
corrected. You will pay these costs; they will be deducted from the next payment certificate. The
costs are scheduled below:
Your failure to correct the defects is considered to be a fundamental breach of the Contract.
We will recommend to the Employer that they terminate the Contract in accordance with the
procedure set out Clause 59 of the Contract.
Meanwhile we propose to extend the Defects Liability Period until the (insert reasonable date by
which the defects could be corrected).
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing a quotation for a
Variation of (insert cost requested by Contractor) because of the (insert reason for Variation
supplied by the Contractor).
We have considered your quotation and consider it to be unreasonable for the following reasons:
List reasons
We propose to seek approval from the Employer for a Variation on this basis in accordance with
Clause 40 of the Contract.
Please confirm you are content to proceed with the Variation within 7 calendar days.
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
Contractor Name
Address
Address
Address
Dear Sir,
Thank you for your letter dated (insert date) and (reference no.) providing a forecast for
Compensation Event No. xx (insert number).
We have considered your forecast. It is considered that the Employer’s interests have been
adversely affected because
Either
you did not provide an early warning (in accordance with Clause 32 of the Contract)
Or
you failed to cooperate in dealing with this delay following the early warning in accordance with our
letter (insert date and reference number of our letter).
Yours faithfully
cc UNRA
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The Contractor has failed to repay the advance payment (state amount of advance xxx or
outstanding amount of advance if partially repaid) in accordance with the Contract requirements for
the following reasons:
State reasons for example
Progress on the Works is behind programme and it is considered that you will
not complete the Contract within xxx days of the Intended Completion date.
The Contractor has stopped work on the contract for more than 28 calendar
days when no stoppage is shown on the current program and the stoppage is
not authorised.
The Contractor is in breach of the Contract and the Employer has given notice
to terminate the Contract.
Therefore in accordance with the Contract we advise the Employer to exercise the Advance Payment
Security and seek repayment of the Advance, state amount of advance xxx (or outstanding amount
of advance if partially repaid) in accordance with the terms of the Security.
Yours faithfully
cc Contractor
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The Contractor has failed to meet his Contract Obligations. Fundamental breaches of Contract have
occurred as follows:
State breaches of contract
Therefore in accordance with the Contract we advise the Employer to exercise the Performance in
accordance with the terms of the Security.
Yours faithfully
cc Contractor
Address
Address
Address
Phone
Facsimile:
UNRA
Address
Address
Address
Dear Sir,
The Contractor has failed to meet his Contract Obligations. Fundamental breaches of Contract have
occurred as follows:
State breaches of contract (give details of dates of letters and references
requesting the Contractor to address the breaches)
We have requested the Contractor to remedy the breaches of Contract. The Contractor has
responded as follows:
(Insert summary of actions undertaken by the Contractor in response to these
letters)
We consider that the Contractor’s action are inadequate and that they will not complete the works
by the Intended Completion Date.
Therefore in accordance with Contract Clause 59 we advise the Employer to terminate the Contract.
Yours faithfully
cc Contractor
Contractor Name
Address
Address
Address
Attention Name of Contractors Representative
Dear Sir,
The Uganda Institution of Professional Engineers has appointed the following Adjudicator in the
event a dispute arises on the Contract.
We would be grateful if you would confirm that you are content with the appointment of this
Adjudicator and that you are content to refer any dispute to the named Adjudicator in the event of
dispute arising in accordance with the Contract requirements.
Yours faithfully,
Name of Officer
Position
1
The Harmonised Reporting System promotes consistency in Monthly Progress Reports from
Consultants and the Agenda (and Notes) of Monthly Progress Meetings and then systematically
generates outgoing Quarterly Reports using the standard referencing format.
Version 1.0: 30th January 2014 Page 1 of 6
This is not a controlled document.
The controlled document is held electronically
OCAM Section 1 UNRA Performance Appraisal System (PAS)
Issue/Indicator Rating
Performance against each Indicator is assessed on the basis of achievement during the month using
a number of parameters. The table below provides guidance for the Station Engineer in the selection
of the appropriate Assessment Rating.
The Achievement Level and Narrative Description are the primary determinants of the appropriate
Assessment Rating, and these should be considered in parallel. The Achievement Level provides a
quantitative measure of the level of compliance with the Indicator during the month. Narrative
Description provides a qualitative guide to the actual performance over the period.
Demand on UNRA Time provides a secondary determinant for use in selecting the appropriate
Assessment Rating, and indicates the level of UNRA support and follow up required against each
rating.
UNRA Intervention indicates the response required from UNRA against each rating.
Grading colours provide a fast visual presentation of results. Colours are automatically generated
using MS Excel Conditional Formatting.
Scores have been assigned to each Assessment Rating. These are not used in the current version of
the PAS, but will be developed in later updates of the system to allow aggregation of results and
further analysis of data.
The N/A Assessment Rating is an important option, the use of which is clear. It is important that this
be used where appropriate in order to avoid distortion of results that would arise if ‘nearest
approximation’ is used simply to complete the form.
Summary Performance
The system includes provision for generating a summary of monthly assessment ratings over the
duration of the contact. The summary is generated manually at this time, however it should be
produced systematically by the CMS when this is expanded.
Additional features for aggregating and/or combining progress and issues over multiple contracts
can be added quite easily by using simple spreadsheet techniques. For the time being however the
score card will be used in the basic format until the system is firmly established and producing the
desired outputs.
Further Development
When the Contract Management System (CMS) is fully developed, it will incorporate a user friendly
data entry interface that will allow straightforward capture of input of information, and then
generate the corresponding onscreen reporting, with a facility to export and/or print reports as
required.
Information and data input will be completed using a combination of drop down menus (for
contract, name, number, type, etc) and by direct type (for ratings).
Sample Formats
Sample formats for the basic PAS Score Card and the Summary are attached for reference.
Unacceptable
Acceptable
Exceeds
Marginal
N/A
Ref Issue Indicator
71-90%
51-70%
< 50%
>90%
8 6 3 1 0
Staffing
S. 1 Adequacy Was the site agent sufficiently experienced to manage the
6
contract effectively?
Contract Management
M. 2 Works Was the programming sufficiently detailed to complete the
3
Programme works on time?
M. 3 Works Was the programme updated every 28 days?
6
Programme
M. 6 Insurances & Are the contractor's insurances and performance securities
3
Securities valid?
M. 7 Early Warnings Was the contractor proactive in identifying events or
circumstances that may adversely affect the quality, increase 6
the price or delay the execution of the works?
Resourcing
R. 1 Equipment Was equipment allocation satisfactory and managed
3
effectively in accordance with workplan?
R. 2 Labour Did the contractor have sufficient labour to meet the
6
workplan?
Financial
F. 1 IPC Processing Did the contractor submit monthly estimates of the value of
3
work executed?
F. 3 Records Were factual and accurate site records maintained?
1
Construction
C. 1 Procurement Were materials procured in sufficient time to meet the
3
workplan?
C. 2 Quality Was the work delivered to a satisfactory standard?
3
Contract Name No
Contract Month No
Head Issue
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Staffing
S. 1 Adequacy 6 6 6 6 6 6 6 6 6
Contract Management
M. 2 Works Programme 6 6 6 3 3 3 3 6 6
M. 3 Works Programme 6 6 3 3 3 3 1 1 1
M. 6 Insurances & Securities 6 6 6 6 6 6 6 3 3
M. 7 Early Warnings 0 0 0 0 0 0 1 1 1
Resourcing
R. 1 Equipment 3 3 3 3 6 6 6 6 3
R. 2 Labour 6 6 6 3 6 6 3 3 3
Financial
F. 1 IPC Processing 6 3 3 3 3 6 6 3 3
F. 3 Records 1 1 3 3 3 3 6 6 3
Construction
C. 1 Procurement 3 3 3 3 3 3 3 3 3
C. 2 Quality 6 6 6 6 3 3 3 6 3