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TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
No. Issue Contractor’s Default Previous Status as at date of Current Status / Action Action / Mitigation Applicable Sub- Applicab Other Applicable/
or Failure / Non- Date by deadline taken by Contractor to- Measures Under taken by Clause of the le Clause Relevant Document
Compliance which the 17th March 2017 supervising consultants Conditions of of the
Contractor GAUFF Contract Specifica
was to tion
Remedy the
Failure
1 SOCIAL ISSUES INCLUDING ISSUES RELATING TO CONTRACTOR’S PERSONNEL
1.1 Accommodat a) The Contractor has 30th November Non-compliant Compliant Reminders to Contractor to 6.6 [Facilities for 1302 Item 16 of Table 10.1
ion for the not provided adequate 2015 a) For the local staff & Comply via monthly tripartite Staff and Labour]; of Updated
accommodation for As of the date of deadline, laborer, the contractor [General
Contractor’s no local staff meetings held at site 6.11 [Disorderly Requirem Environmental and
Personnel the Contractor’s provides a housing between Client, Consultant Conduct]; Social Impact
Personnel and those accommodation had been allowance of UG UShs ents]
provided. & Contractor, 4.23 Statement (ESIS),
staying outside the 30,000 and transport January 2011
camp are causing Contractor reported that allowance of UShs 10,000 [Contractor’s
housing allowance was and
various problems to as approved by the Operations on Site
the local communities. included in salary package, Commissioner, MGLSD on ]; Pay roll of 16th
but as date of deadline, CRSG was tasked to ensure
12th February 2016; and that the sensitization effort is 4.14 1303 February 2016
b) Only a certain Contractor only had draft – Evidenced in the letters of [Contracto
unsigned copy of letter of a regular activity for the [Avoidance of
category of the offer and the staff pay workers and is well r’s Offices,
Contractor’s offer, which did not stipulate slips. Interference] Stores,
what portion of the salary is documented.
Personnel is provided Sensitization of workers 6.24 [Non- Workshop
with accommodation for housing, transport or on harmonious living in Discrimination s, Camps,
at the Contractor’s meals allowance the community has been and Equal etc.
camp. undertaken. Workers were Opportunity]
also sensitized about the
dangers of defilement.
WSS conducted a Gender
sensitization to Managers
and workers of CRSG
during the month of
December 2016 where
matters to do with Child
protection, Gender based
violence where
addressed. Ref. Vou
WSS/CR7G/16/06 Dated
25th Nov 2016.
1.2 HIV-AIDS The Contractor has not 29th October Non-Compliant Compliant Reminders to Contractor to 6.7 1804 Items 18 and 23 of
Prevention paid HIV-AIDS 2015 By date of deadline, WSS Reports are reviewed Comply via meeting(s) held [Health and [HIV/AID Table 10.1 of
awareness programme Contractor had paid the up to December 2016. at site with Contractor, Safety] S and STI Updated
service provider on HIV/AIDS service provider Payment has been UNRA & Gauff on 12th Preventio Environmental and
time and as a result approved up to October October 2015 n] Social Impact
condoms and IEC 2016 The Contract for
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
materials have not from March 2015 up to WSS expired on the 31st The Reports for March and Statement (ESIS),
been distributed to the August 2015. January 2017. April 2016 were reviewed January 2011
Contractor’s Personnel, . and approved by Gauff
local communities, etc. Sociologist via Letter Ref:
WT/hm/R34/Contr/1383
a) WSS services for the
months of March and April
2016 have been paid Ref.
Letter No.
CRSG/UG/KF/1782 Dated
04th Aug 2016
b) RE’s letter to the
Contractor reminding about
the WSS contract Ref. No.
WBT/fo/R34/contra/1758
Dated 02nd Feb 2017
1.3 Accesses There are cases of 29th October Non-compliant Compliant Reminders to Contractor to 4.14 1502(f)
affected accesses 2015 All 37 affected Accesses Comply via meetings held at [Avoidance of [Access
including blocked that were previously site with Contractor, UNRA Interference]; to
accesses to private As of 12th Nov 2015, & Gauff. on:
Contractor had only restored identified earlier have properties
properties, farms; been restored. - 29th Oct 2015 ]
markets, schools, four of the accesses with a 4.8
th
religious institutions, letter written to RE in regard By 28 February 2017 the - 4th Nov 2015
to installation of access total number of permanent [Safety
etc. - 12th Oct 2015 Procedures]
culverts Accesses constructed are
as follows:
189/218 locations
installed with 600mm
culverts,
194/377 locations
installed with 200mm
thick Access Slabs, and,
22/55 locations installed
with 100 mm thick Access
slabs.
In the month of February
2017 more than 20
temporary accesses have
been created along the
road.
1.4 Terms of a) The Employment 5th November Non-compliant Compliant Reminders to Contractor to 6.4 Employment Act,
Employment Contract for 2015 Comply via meetings held at 2006:
Contractor’s a) The Contractor has [Labour Laws];
employees does not issued all staff with
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
clearly state the contracts which are in line site with Contractor, UNRA 6.2 Section 41
amount of salary, with the labour laws of & Gauff on: [Rates of Wages (Entitlement to
wages, allowances Uganda covering annul - 12th Oct 2015 and Conditions of wages)
and any other leave, sick leave, Labour] Section 45
benefits to be paid to maternity leave, public - 29th Oct 2015
th
(Prohibition on certain
the individual worker. holidays, and weekly rest, - 4 Nov 2015 deductions)
This supports the Code of conduct, wages 6.6
allegation that the and overtime pay. Section 46 (Permitted
Contractor was given a [Facilities for Staff deductions)
amount received by b) The contractor also and Labour]
the staff is different sample employment
issues employment offer contract with clear terms
from that indicated in letters to the local
the official and conditions 6.1
workers.
documents. [Engagement of
b) The Employment c)Each worker is issued a
time sheet which clearly Contractor reminded about Staff and Labour]
Contract does not pending issues during
indicate the amounts indicates wages paid and
all deductions made monthly site meetings held
for housing on; 1.13
allowance and any during the month
th
-26 November 2015 [Compliance with
other allowances. The Contractor has Laws]
th
c) The Employment previously renewed the -18 December 2015
Contract does not staff offer/appointment -28th January 2016
include an offer letters for all 380 workers
letter. for six months ending in
d) Unclear deductions Dec 2016 in accordance
are made from the with the work programme
workers’ wages submitted earlier.
every month. Although the contractor’s
revised programme
indicates completion of
the works by March 2017,
the Contractor is in the
process of renewing all
staff contracts for his
workers from December
2016 up to February 2017
when he expects much of
the works to be
completed. He has
indicated that the process
of renewal is expected to
be completed by the end
15th of Jan 2017.
The Contractor has
submitted records of
renewal of contracts for all
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
(b) Some toilet particular Jobs targeting [Labour Laws]; Section 49 (Provision
facilities have not female Workers. There is -26th November 2015 of adequate sanitary
been separated by currently one female conveniences)
gender. machine operator and 11 -18th December 2015 1.13
others females working in -28th January 2016 [Compliance with
the camp office and Laws] Item 1 of Table 10.1
kitchen. of Updated
Contractor still being Environmental and
WSS Ltd conducted a monitored to ensure Social Impact
Gender training for all the continued compliance Statement (ESIS),
top and middle managers January 2011
of CRSG during the month
of Nov 2016. Another
training was conducted to
workers at their different
work stations.
b) The gender separated
toilets have been provided
at the camp and quarries
and in the forest.
1.8 Drinking (a) The Contractor 19th November Non-compliant Compliant Reminders to Contractor to 6.14 1218 Occupational Safety
Water provides water of 2015 Comply via meetings held at and Health Act, 2006:
unacceptable Contractor’s response a) The Contractor site between Contractor [Supply of Water] [Water]
quality to the indicates that drinking water provides drinking water (CRSG), Client (UNRA) & Section 50 (Provision
Contractor’s is from faucets. It does not that for the workers from Consultant (Gauff) on: of adequate
indicate where these are boreholes. 6.4 wholesome drinking
Personnel at the 12th Oct 2015, 29th Oct 2015
quarry. located; camp or quarries. Test results for samples 4th Nov 2015, 26th November [Labour Laws]; water)
(b) The Contractor It is not clear where workers taken from the two 2015, 18th December 2015 Item 16 of Table 10.1
does not provide out at the project road works boreholes which indicated 28th January 2016 1.13 of Updated
water to the get drinking water. that the water is safe for e) The Contractor has Environmental and
Contractor’s human consumption. Ref. replaced the jerrycans with [Compliance with Social Impact
Personnel at other No. CRSG/ UG/ KF/ 1628. see through water Laws] Statement (ESIS),
project locations The Contractor has been containers. January 2011
along the road. reminded to conduct
water testing of the water
from the borehole via
Letter Ref. No.
WBT/fo/R34/Contr/1649
Dated 18th Nov 2016.
The Contractor has
submitted a certificate of
analysis from NWSC for
samples taken from
Bigodi Camp and
Kamwenge shallow well
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
weather while in the workers at the workshop Contractor reminded about [Labour Laws]; Camps,
field, etc. area. pending issues during etc.]
The Contractor reports monthly site meetings.
1.13
that he has been giving
milk to the surface [Compliance with
dressing and quarry Laws]
workers. He reports that
he has begun giving the
workers who off load
cement as well. Records
of the same are yet to be
received
CRSG/UG/KF/2112 Dated
02nd Feb 2017.
1.11 Registration The Contractor has not 19th November Non-compliant Compliant 6.4 Occupational Safety
of Workplace registered the 2015 The Registration of [Labour Laws]; and Health Act, 2006:
workplace with the workplace certificate from Section 40
department of -Contractor has not shown
evidence that this is in the MGLSD was submitted (Commissioner to
Occupational Safety to RE’s office and copy is 1.13 keep register)
and Health. Thereafter progress.
displayed in Contractor’s [Compliance with
the Contractor is to office. Laws]
ensure display of the
certificate.
1.12 Blasting (a) There is evidence 30th November Non-compliant Not Fully Compliant Reminders to Contractor to 4.14 1221 Occupational Safety
Operations at that the Contractor 2015 Comply via meetings held at and Health Act, 2006
has not addressed a) All the rocks and [Avoidance of [Use of
Stone Quarry boulders in people’s site between Contractor Interference] Explosive Section 23
the issue of flying -Contractor has not (CRSG), Client (UNRA) &
rocks at the quarry documented his blasting garden around s] (Employers’ duty to
Kamwenge quarry Consultant (Gauff) on: 12th persons other than
as a result of the procedures to prove that the Oct 2015, 29th Oct 2015, 6.4
blasting operations public is always cautioned in have been removed by employees)
and yet there were advance and that work is the contractor. 4th Nov 2015, 26th November [Labour Laws];
still houses in the done with- in acceptable 2015, 18th December 2015
b) Compensations: Item 21 of Table 10.1
neighborhood. working hours 28th January 2016 1.13 of Updated
BUSORO QUARRY Letter instructing the [Compliance with Environmental and
(b) The Contractor has -Complaints of non- Contractor to hire a Valuer Social Impact
not compensated compensation remain The Contractor Laws]
decommissioned this to value all PAPs Property Statement (ESIS),
and evacuated unresolved around the and Compensate January 2011
some people quarries quarry at the end of
February 2017 and accordingly Ref.
affected by the WT/mm/R34/Contr/1228 –
quarry and blasting demobilized all the
blasting equipment. 30th March 2016
operations.
Earlier, the Contractor
(c) The Contractor has contributed towards Letter instructing the
not been giving purchase of 40 electric contractor to address
poles for the
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
1.16 Compensatio (a) The Contractor has 30th November Non-compliant Compliant Reminders to Contractor to 4.8 Item 15c of Table
n and some unresolved 2015 Comply via meetings held at 10.1 of Updated
issues of a) All grievances earlier [Safety
Grievance recorded here have been site between Contractor Procedures] Environmental and
Redress compensation of -Contractor has not fully (CRSG), Client (UNRA) & Social Impact
workers or members addressed or resolved these addressed.
Consultant (Gauff) on: Statement (ESIS),
of the public affected complaints b) The contractor 4.14 January 2011
by the ongoing works continues to make good in - 12th Oct 2015
e.g.: instances where public th
- 29 Oct 2015 [Avoidance of Contractor’s
(i) Saidi Katongole who facilities are affected by th
Interference]; Environmental and
- 4 Nov 2015
was beaten by a ongoing works Social Management
foreign supervisor particularly in cases of -26th November 2015 and
1.13
last year has never blocked accesses and -18th December 2015 Monitoring Plan
been compensated. storm water management. [Compliance with
-28th January 2016 Laws] (CESMMP)
(ii)Hope Kyomuhendo’s There has been improved
house (at km Contractor was availed with
interaction between the a copy of the updated
173+667) was hit and Contractor and the public
damaged by a tree grievance log sheet with
through the various indication of grievances to
felled by the Grievance Redress
Contractor. She be addressed by CRSG.
Committees to handle any
received grievances that arise. Contractor was instructed to
compensations for avail information in regard to
only the items inside Copies of compensation compensation and
the house and rent for agreements, between the relocation of PAPs around
one (1) month. The Contractor and affected the Busoro Quarry, as
Contractor has not community members have communicated under letter
replaced her house been submitted to the RE. Ref. WBT/ mm/ R34/ contr/
and has not given her 1282 dated 9th May 2016.
more money for rent. (previously attached as
(iii) Generous Appendix L16)
Kabufunzaki’s house Contractor still being
(at km 147+700) is monitored to ensure
continually getting continued compliance
cracks due to the
blasting operations at Tripartite Meeting (client,
the Bukonderwa contractor & consultant) held
quarry. There is also on 23rd March 2016
a huge heap of specifically to address
crushed stone less pending matrix issues.
than 5 m away from
her house. The
Contractor has not
compensated and
relocated her.
(b) The Contractor has
not been regularly
following up and
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
making good in
instances where
public facilities and
personal property are
affected by ongoing
works e.g. cases of
blocked accesses,
damaged houses,
storm water flowing
into people’s houses,
storm water flooding
people’s properties,
etc.
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
1.17 Workers’ The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 6.4 The Labour Unions
organizations encouraged awareness 2015 Comply via meetings held at Act, 2006
/ sensitization of the Contractor does not indicate Based on information [Labour Laws];
a clear plan on when and obtained from site between Contractor
Contractor’s Personnel (CRSG), Client (UNRA) &
about their rights to how he intends to address Commissioner of MGLSD,
this provision the contractor could not Consultant (Gauff) on: 1.13
form and to join
workers’ organizations. be faulted for not having - 12th Oct 2015 [Compliance with
labour unions in place. - 29th Oct 2015 Laws]
On 13th May 2016 the - 4th Nov 2015
contractor conducted a
sensitization facilitated by -26th November 2015
the District Labour Officer -18th December 2015
– Kamwenge district -28th January 2016
where workers were
informed of their rights to
join workers union of their
choice.
2 SAFETY ISSUES
2.1 Safety on the (a) The Contractor has 19th November Non-compliant Compliant Reminders to Contractor to 4.8 1502 Occupational Safety
Road not put measures 2015 Comply via meetings held at and Health Act, 2006:
in place to prevent a) Temporary speed [Safety [General
humps have been site between Contractor Procedures] Requirem Section 23
over-speeding -Some over speeding still (CRSG), Client (UNRA) &
along the road by reported by community constructed, road signage ents] (Employers’ duty to
have been installed at Consultant (Gauff) on: persons other than
the Contractor’s members 1.13
drivers. necessary locations, and 12th Oct 2015, 29th Oct 2015 employees)
flag men have been th th [Compliance with 1503
4 Nov 2015, 26 November
(b) Some of the Some vehicles (trucks) in deployed at sites for traffic 2015, 18th December 2015, Laws] [Tempora
poor mechanical condition guidance. ry Traffic Items 9 and 29of
Contractor’s th
28 January 2016 Table 10.1 of
vehicles are not still operating on the road Permanent speed humps Control
TW/hm/R34/Contr/1267 – Facilities] Updated
roadworthy in have been constructed in Environmental and
contravention of several locations on the 27th April 2016
Social Impact
the Traffic Laws, finished road section from d) Ref: Statement (ESIS),
with Kamwenge – Kibale WBT/hm/R34/Contr/1387 January 2011
(i) no registration Forest. The Contractor Dated 23rd June 2016 &
(number) plates, has begun constructing Ref: WBT/fo/Contr/1410
(ii) no lights, and and painting rumble strips Dated 06th July 2016
(iii) no proper brakes. near the humps to warn WBT/bmd/R34/Contr/1425
drivers before the humps. Dated 15th July 2016
(c) Stockpiles (heaps) b) The vehicles that are
of materials placed WBT/hm/R34/Contr/1439
not roadworthy have been Dated 23rd July 2016
along the road and removed from the work
at junctions pose site by the help of OC
risk to road users. Traffic Police, Kabarole.
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
CRSG/UG/KF/1906 Dated
12th Oct 2016.
Emergency assembly area
has been designated in
the camp in case of fire
outbreak.
Sand heaps have been
provided close to fire
vulnerable areas to
supplement fire
extinguishers.
Fire extinguishers were
checked and empty ones
replaced in Jan 2017.
3 ENVIRONMENTAL ISSUES
3.1 Quarry The Contractor has not 5th November Non-compliant Compliant Reminders to Contractor to 4.18 Section Clause 3.0 (xvii) of
Activities been observing the 2015 The Kamwenge and Comply via meetings held c [Protection of the 1700 the conditions of
time for quarry Busoro quarries have at site with Contractor, Environment] [Environ approval for the
activities including As of deadline, UNRA & Gauff on: Certificate of
Communities still reported been decommissioned as mental
crushing and servicing at 17th March 2017. 12th Oct 2015, 29th Oct Protectio Approval of
of the crusher outside late working hours – beyond 1.13 Environmental Impact
18:00hrs. There is also no more 2015, 4th Nov 2015 n and
the time (06-18.00 [Compliance with Waste Assessment for
hours) recommended crushing is taking place at Meetings held with affected Kamwenge stone
Kiko quarry, it is only used communities in presence of Laws] Disposal]
by NEMA. quarry; Certificate No.
as a stock pile for contractor’s environmentalist 6190
materials and no more with aim of verifying
night time activities are complaints / claims
taking place at the Contractor reminded about Items 15c and 25of
quarries. pending issues during Table 10.1 of
monthly site meetings. Updated
Environmental and
Contractor still being Social Impact
monitored to ensure Statement (ESIS),
continued compliance. January 2011
3.2 Control of The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 4.18 1708 Clause 3.0 (xix) of the
Dust from the been controlling dust 2015 - Wet crushing is The Kamwenge and Comply via meetings held at [Protection of the [Dust conditions of approval
Quarry from the quarry still not fully Busoro quarries have site with Contractor, UNRA Environment] Abateme for the Certificate of
whereby the Contractor adopted and of been decommissioned as & Gauff on: - 12th Oct 2015 nt] Approval of
is required to strictly late there are at 17th March 2017. - 29th Oct 2015, 4th Nov Environmental Impact
observe wet crushing more incidences 2015 1.13 Assessment for
at all the time. There is also no more Kamwenge stone
of dry crushing crushing is taking place at Meetings held with affected [Compliance with
with high dust quarry; Certificate No.
Kiko quarry, it is only used communities in presence of Laws] 6190.
production
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
km 192+800 LHS is
progressing well.
This is in compliance with
the requirements of the
contract clauses 4.18
3.5 Restoration The Contractor has not 19th November Non-compliant Compliant Instruction letter for full 4.18 1703(e) Item 15a of Table
of Quarries carried out full 2015 The quarries at Km restoration and handover 10.1 of Updated
159+700 RHS and [Protection of the [Quarries,
restoration of quarries the site to the owner dated Environment] borrow Environmental and
at km 159+700 - The two quarries still need Km172+000 RHS 21.07.2016 Social Impact
to be top soiled and allow respectively have been pits and
(Katooma) and km storage Statement (ESIS),
172+000 (Bigodi- natural regeneration of fully restored in January 2011
vegetation cover compliance with the areas
Bujongobe) in etc.]
preparation for handing requirements of the
them over to the contract clauses 4.18.
owners.
3.6 Used Oil The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 4.18 1712 Clause 2.0 (xi) ofthe
obtained a hazardous 2015 Used oil at the main Comply via meetings held at [Protection of the [Pesticide conditions of approval
waste storage, mechanical workshop is site with Contractor, UNRA Environment] s, Toxic for the Certificate of
transportation and Used oil is collected into & Gauff on: - 12th Oct 2015 approval of
drums and stored in the collected and Waste
disposal permit which containerized in drums in - 29th Oct 2015 and Environmental Impact
covers storage and open which has stained the 1.13 Assessment for
surface. Furthermore, there a sheltered area with - 4th Nov 2015 Hazardou
disposal of used oil. concrete floor at Bigodi [Compliance with s Kamwenge stone
is careless handling of oil at To ensure observance of quarry; Certificate No.
all mechanical workshops camp. Laws] Substanc
continued compliance, the es] 6190
evidenced by stained In absence of hazardous consultant continuously
surface wastes permit for storage Item 10 of Table 10.1
monitors the collection, of Updated
and disposal from NEMA, handling and storage of
the contractor has signed Environmental and
used oil on weekly basis. Social Impact
a contract with, Scrap
Centre Ltd, a NEMA Statement (ESIS),
licensed waste handling January 2011
company to transport and
dispose of all used oil
from site.
3.7 Sanitation The Contractor has not 19th November Non-compliant Compliant Contractor reminded about 6.6 1713(b)(i) Items 16 and 18of
Facilities provided adequate 2015 The two stance pit latrine is The three sanitation pending issues during [Facilities for Staff [Disposal Table 10.1 of
sanitation facilities at still in use and all facilities at the camp site monthly site meetings from and Labour]; of waste Updated
mechanical workshop/ construction sites still lack are deemed adequate for November 2015 to March, material] Environmental and
parking yard and sanitation facilities the number of workers at 2016 and is continuously Social Impact
construction sites, the camp. reminded of the deplorable 4.18 Statement (ESIS),
namely the Contractor state of facilities provided [Protection of the January 2011
has not replaced the The Contractor has built and encouraged to improve
better latrine facilities at Environment]
two-stance pit latrine in this area.
with four water borne Busoro Quarry and Kiko
22
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
toilets and has not quarry desegregated into Contractor reminded of his
provided mobile toilets male and female. Water obligation to comply with
to all construction sites. and soap has been clause 1713 (b) (i) General
provided at these Specifications for Road and
facilities. Bridge Works during
tripartite Meeting (client,
contractor & consultant) held
on 28th April, 2016
specifically to address
pending matrix issues
3.8 Construct- The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 National Environment
ion across obtained a permit to 2015 No information from the The contractor obtained Comply via meetings held at [Protection of the (Wetlands,
Water Course undertake construction contractor about this issue construction water permit site with Contractor, UNRA Environment] Riverbanks and
across water which covers construction & Gauff on: - 12th Oct 2015 Lakeshores
course/river and across water bodies on 29th Oct 2015, 4th Nov 2015. Management)
specifically Lake 23rd April, 2016 from Contractor reminded about 1.13 Regulations,23
Nyabikere. Directorate of Water pending issues during [Compliance with
Development in monthly site meetings Laws] Item 20 of Table 10.1
accordance with Permits submitted by CRSG of Updated
requirements of are surface water Environmental and
Environment Act, cap 153 abstraction permits dated 4th Social Impact
and Water Resources Nov 2014 and valid for 5 Statement (ESIS),
Regulations, 1998. years. January 2011
3.9 Kibale Forest The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 [ Uganda Wildlife Act,
obtained a permit/ 2015 Authorization to work in Comply via meetings held at Protection of the Cap 200
approval from Uganda the forest was obtained site with Contractor, UNRA Environment] Items 8 and 19 of
Wildlife Authority No permit from UWA yet & Gauff on: - 12th Oct 2015
and the main works in the 1.13 Table 10.1 of
(UWA) to work in forest have been th th
29 Oct 2015, 4 Nov 2015 Updated
Kibale Forest. completed as of 28th [Compliance with Environmental and
No objection given by UWA Laws]
February 2017 in meeting at UWA offices Social Impact
on 20th January 2016 and Statement (ESIS),
followed by letter from RE to January 2011
CRSG, Ref:
WBT/fo/R34/Contr/1132
dated 23rd Jan 2015.
3.10 Environment The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 Contractor’s
al Audit submitted an 2015 The Environmental Audit Comply via meetings held at [Protection of the Environmental and
Report Environmental Audit was carried out on behalf site with Contractor, UNRA Environment] Social Management
report; which was No information about this & Gauff on: 12th Oct 2015,
issue from the contractor of the Contractor by GEO and
supposed to be TAXON CONSULT LTD 29th Oct 2015, 4th Nov 2015
submitted by 1.13 Monitoring Plan
and the Audit Report was (CESMMP); page 17
September 2015.
23
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
24
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS
4.3 Mobilization The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.1 (a) Minute 4(bb) of
of Adequate mobilized adequate 2015 Comply via meetings held at Management
The contractor has [Contractor’s Meeting No. 2 of
Resources Contractor’s Equipment mobilized additional site with Contractor, UNRA General
necessary for & Gauff on: 12th Oct 2015 16th October
equipment which meets Obligations]; 2014
proceeding with the the requirements of the 29th Oct 2015, 4th Nov 2015
Works in accordance 4.17 [Contractor’s
provisional programme of Tripartite Meeting (client, Equipment]; (b) Clause 3 of the
with the Contract. works. contractor & consultant) held 8.1 Contract
The Contractor’s on 23rd March 2016 Agreement
Equipment Mobilization is specifically to address Commencement signed between
included in the pending matrix issues. of Works]; the Contractor
Contractor’s monthly 7.1 [Manner of and the
reports. Execution] Employer
5 FINANCIAL ISSUES
5.1 Advance The Contractor has not 5th November Non-compliant Compliant Reminders to Contractor to 14.2 (a) Terms of the
payment fully demonstrated that 2015 Comply via meetings held at Advance
In accordance with the [Advance Payment
all the advance Contract, the advance site with Contractor, UNRA Payment]
payment was used for - As of 12th November 2015, & Gauff. Guarantee
the Contractor had still not payment, which is for the (b) Minute 3 of
its proper purpose. Contractor’s cash flow Contractor reminded about
fully demonstrated that all Management
the advance payment was support, is supposed to be pending issues during Meeting No. 2 of
used for its proper purpose. recovered monthly site. 16th October
(proportionately) from the Letter from the Engineer to 2014
time the progress of the the Contractor ref. (c) Letter from the
works is 30% and fully R34/Contr /022 of 13th Engineer to the
recovered by the time the October 2015 previously Contractor ref.
works progress is at 90%. attached as Appendix L22 R34/Contr /022
On 15th March 2017, the of 13th October
Contractor submitted IPC 2015.
No. 19 for works executed
from August 2016 up to
January 2017 when the
progress was reported as
90.6% and in this IPC, they
have proposed to recover
all the outstanding
Advance Payment.
25