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Albanian Road Construction Specifications – ARCS 1 – General and Preparatory Works

Albanian Road Design and Construction Standards

Table of Contents

1 ABBREVIATIONS AND DEFINITIONS.................................................................................................. 6

1.1 ABBREVIATIONS .................................................................................................................................... 6


1.2 DEFINITIONS ......................................................................................................................................... 6

2 INTRODUCTION ...................................................................................................................................... 20

2.1 INTRODUCTION TO ARCS .................................................................................................................. 20


2.2 DEFINITION AND DESCRIPTION OF OWNERSHIP OF ROADS IN ALBANIA ........................................... 22
2.3 INTRODUCTION TO ARCS 1 ............................................................................................................... 22
2.4 GENERAL FRAMEWORK OF ARCS..................................................................................................... 22
2.5 TENDERING AND AWARD .................................................................................................................... 23
2.6 CONTRACT AND IMPLEMENTATION ..................................................................................................... 23
2.7 TECHNICAL REGULATIONS ................................................................................................................. 23
2.7.1 GENERAL ............................................................................................................................................ 23
2.7.2 LEGISLATION ....................................................................................................................................... 24
2.7.2.1 LAWS .................................................................................................................................................. 24
2.7.2.2 DECISIONS OF THE COUNCIL OF MINISTERS ..................................................................................... 25
2.7.2.3 INSTRUCTIONS .................................................................................................................................... 26
2.7.2.4 DECREES ............................................................................................................................................ 26
2.7.3 VALIDITY OF LEGAL FRAMEWORK ...................................................................................................... 26
2.7.4 LEGAL OPINION .................................................................................................................................. 27
2.8 TYPES OF CONTRACT ......................................................................................................................... 27
2.9 GENERAL PARTIES TO THE CONTRACT.............................................................................................. 28
2.10 ENVIRONMENTAL MANAGEMENT ........................................................................................................ 29
2.11 HEALTH AND SAFETY ......................................................................................................................... 29
2.12 DEPARTURES FROM STANDARDS ...................................................................................................... 30

3 DOCUMENT CONTROL ......................................................................................................................... 32

3.1 INTRODUCTION ................................................................................................................................... 32


3.2 ORGANISATION ................................................................................................................................... 32
3.2.1 ORGANISATION OF THE DOCUMENT REVISION ORGANISATION ........................................................ 32
3.3 DOCUMENT REVISION ........................................................................................................................ 34
3.3.1 INTRODUCTION ................................................................................................................................... 34
3.3.2 DOCUMENT UPDATING PROCEDURES ............................................................................................... 34
3.3.3 REQUEST FROM PROFESSION............................................................................................................ 35
3.3.4 ONGOING DISCUSSION BETWEEN ORGANISATION.............................................................................. 35
3.3.5 EVALUATION OF DEPARTURES ........................................................................................................... 36
3.4 PUBLICATION ...................................................................................................................................... 36
3.5 ENQUIRIES .......................................................................................................................................... 37

4 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.................................................... 39

4.1 DESCRIPTION OF PARTIES TO THE CONTRACT .................................................................................. 39


4.2 PERMITS, LICENSES, AND TAXES ....................................................................................................... 39
4.3 PATENTED DEVICES, MATERIALS, AND PROCESSES......................................................................... 40
4.4 DISCRIMINATION IN EMPLOYMENT ON PUBLIC WORKS ..................................................................... 41

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4.5 SANITARY, HEALTH, AND SAFETY PROVISIONS ................................................................................. 41


4.5.1 TOILETS .............................................................................................................................................. 41
4.5.2 SAFETY PLAN ..................................................................................................................................... 42
4.6 PUBLIC CONVENIENCE AND SAFETY .................................................................................................. 47
4.7 ARCHAEOLOGY ................................................................................................................................... 47
4.8 RAILWAY ROAD PROVISIONS ............................................................................................................. 48
4.9 CONSTRUCTION OVER OR ADJACENT TO NAVIGABLE WATERS........................................................ 49
4.10 CONSTRUCTION ADJACENT TO AIRFIELDS ........................................................................................ 49
4.11 BARRICADES AND WARNING SIGNS ................................................................................................... 49
4.12 USE OF EXPLOSIVES .......................................................................................................................... 49
4.13 PROTECTION AND RESTORATION OF PROPERTY MARKERS AND LAND MONUMENTS ..................... 50
4.14 FOREST PROTECTION ........................................................................................................................ 50
4.15 OPENING SECTIONS OF PROJECT TO TRAFFIC ................................................................................. 51
4.16 STATUS OF INDEPENDENT CONTRACTOR .......................................................................................... 51
4.17 THIRD PARTY BENEFICIARY CLAUSE ................................................................................................. 52
4.18 RISKS ASSUMED BY THE CONTRACTOR ............................................................................................ 52
4.18.1 INTRODUCTION ................................................................................................................................... 52
4.18.2 RISKS OF LOSS OR DAMAGE TO THE PERMANENT CONSTRUCTION ................................................. 53
4.18.3 RISKS OF CLAIMS ON ACCOUNT OF INJURY, LOSS, OR DAMAGE...................................................... 53
4.18.4 RISK OF DAMAGE TO UNDERGROUND OR OVERGROUND UTILITY INFRASTRUCTURES ................... 54
4.18.5 RISKS OF LOSS TO PROPERTY OF THOSE PERFORMING THE WORK ............................................... 54
4.18.6 RISKS OF CLAIMS RELATED TO THE CONTRACTOR’S HEALTH AND SAFETY PROGRAMME .............. 54
4.19 INSURANCE ......................................................................................................................................... 55
4.20 ENVIRONMENTAL PROTECTION .......................................................................................................... 56

5 CONTROL OF WORK............................................................................................................................. 59

5.1 INTRODUCTION ................................................................................................................................... 59


5.2 AUTHORITY OF THE ENGINEER........................................................................................................... 59
5.3 COMMUNICATIONS .............................................................................................................................. 59
5.4 PLANS AND SPECIFICATIONS.............................................................................................................. 60
5.5 WORKING DRAWINGS ......................................................................................................................... 60
5.6 CONFORMITY WITH CONTRACT DOCUMENTS .................................................................................... 62
5.7 SPECIAL INSPECTION, TESTING, OR APPROVAL ................................................................................ 63
5.8 COORDINATION OF CONTRACT DOCUMENTS .................................................................................... 63
5.9 COOPERATION BY CONTRACTOR ....................................................................................................... 64
5.10 COOPERATION WITH UTILITIES ........................................................................................................... 65
5.11 COOPERATION BETWEEN CONTRACTORS ......................................................................................... 69
5.12 INSPECTION OF WORK ....................................................................................................................... 70
5.13 FIELD OFFICE ..................................................................................................................................... 71
5.13.1 CONSTRUCTION FIELD OFFICES ........................................................................................................ 72
5.13.2 SURVEY FIELD OFFICES ..................................................................................................................... 76
5.14 REMOVAL OF UNACCEPTABLE AND UNAUTHORISED WORK.............................................................. 77
5.15 LOAD RESTRICTIONS .......................................................................................................................... 78
5.16 AUTOMATICALLY CONTROLLED EQUIPMENT...................................................................................... 79
5.17 MAINTENANCE DURING CONSTRUCTION ............................................................................................ 79
5.18 FAILURE TO MAINTAIN ROADWAY ...................................................................................................... 80

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5.19 PARTIAL ACCEPTANCE ....................................................................................................................... 80


5.20 SUBSTANTIAL COMPLETION ............................................................................................................... 80
5.21 COMPLETION AND ACCEPTANCE ........................................................................................................ 81

6 VERIFICATION AND EVALUATION OF QUALITY........................................................................... 82

6.1 GENERAL ............................................................................................................................................ 82


6.2 TYPES OF TEST .................................................................................................................................. 82
6.2.1 PRELIMINARY LABORATORY ANALYSIS .............................................................................................. 82
6.2.2 DEMONSTRATIVE PRODUCTION ......................................................................................................... 83
6.2.3 TRIAL TESTING ................................................................................................................................... 83
6.2.4 ROUTINE TESTS ................................................................................................................................. 83
6.2.5 QUALITY CONTROL TESTS ................................................................................................................. 84
6.2.6 REMAINING TESTS .............................................................................................................................. 84
6.2.7 LABORATORY ...................................................................................................................................... 84
6.2.8 BASIS FOR STATISTICAL EVALUATION ............................................................................................... 84
6.3 GENERAL SPECIFICATIONS ................................................................................................................ 85
6.3.1 MEAN VALUE X................................................................................................................................... 85
6.3.2 BOUNDARY VALUE XB ........................................................................................................................ 85
6.3.3 EXTREME BOUNDARY VALUE ............................................................................................................. 86
6.3.4 BASIS OF COST ESTIMATION .............................................................................................................. 86
6.3.5 EXAMPLES OF CALCULATIONS FOR COST ESTIMATIONS .................................................................. 87
6.3.5.1 EXAMPLE 1 ......................................................................................................................................... 87
6.3.5.2 EXAMPLE 2 ......................................................................................................................................... 88

7 MEASUREMENT, TAKE-OVER AND CALCULATION OF WORK ................................................ 90

7.1 GENERAL ............................................................................................................................................ 90


7.2 LOG BOOK OF CALCULATIONS ........................................................................................................... 90
7.3 TAKE–OVER OF WORK ........................................................................................................................ 91
7.3.1 GENERAL ............................................................................................................................................ 91
7.3.2 TEMPORARY TAKE-OVER OF WORK................................................................................................... 91
7.3.3 FINAL TAKE-OVER OF WORK .............................................................................................................. 91
7.3.4 ULTIMATE TAKE-OVER OF WORK ....................................................................................................... 92
7.4 CALCULATION ..................................................................................................................................... 92
7.4.1 UNIT PRICES ....................................................................................................................................... 92
7.4.2 ADDITIONAL WORK ............................................................................................................................. 94
7.4.3 INTERIM CALCULATION ....................................................................................................................... 95
7.4.4 ACQUIRED MATERIAL ......................................................................................................................... 95

8 PREPARATORY WORKS...................................................................................................................... 96

8.1 INTRODUCTION ................................................................................................................................... 96


8.2 SURVEYING (SETTING OUT) ............................................................................................................... 96
8.2.1 METHOD OF EXECUTION - SUBMISSION AND TAKE-OVER OF ALIGNMENT ........................................ 96
8.2.2 PROTECTION OF STAKED CENTRE LINE ............................................................................................ 97
8.2.3 THE PLACING OF CROSS SECTION PROFILES ................................................................................... 98
8.2.4 STAKING OF STRUCTURES ................................................................................................................. 98
8.2.5 QUALITY OF EXECUTION .................................................................................................................... 99
8.2.6 QUALITY CONTROL ............................................................................................................................. 99

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8.2.7 MEASUREMENT AND TAKE-OVER OF WORK ...................................................................................... 99


8.2.7.1 MEASUREMENT................................................................................................................................... 99
8.2.7.2 TAKE-OVER ......................................................................................................................................... 99
8.2.8 CALCULATION ................................................................................................................................... 100
8.3 TERRAIN CLEARANCE ....................................................................................................................... 100
8.3.1 DESCRIPTION .................................................................................................................................... 100
8.3.1.1 CLEARANCE OF BUSHES, TREES, BRANCHES AND TREE STUMPS ................................................. 100
8.3.1.2 OTHER REMOVALS ........................................................................................................................... 101
8.3.2 METHOD OF EXECUTION .................................................................................................................. 101
8.3.2.1 CLEARANCE OF BUSHES, TREES, BRANCHES AND TREE STUMPS ................................................. 101
8.3.2.2 OTHER REMOVALS ........................................................................................................................... 102
8.3.3 MEASUREMENT AND TAKE-OVER OF WORK ..................................................................................... 103
8.3.3.1 MEASUREMENT................................................................................................................................. 103
8.3.3.2 TAKE-OVER ....................................................................................................................................... 103
8.3.4 CALCULATION ................................................................................................................................... 104

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1 Abbreviations and Definitions

1.1 Abbreviations

ARDACS Albanian Road Design and Construction Standards


ARDM Albanian Road Design Manual
ARCS Albanian Road Construction Specifications
CMR Convention on the Contract for the International Carriage of Goods by Road
FIDIC International Federation of Consulting Engineers
GRD General Roads Directorate
HMA Hot mix asphalt
MSDS Material Safety Data Sheet
MSE Mechanical stabilised earth
MoPWTT Ministry of Public Works, Transport and Telecommunication
RRD Regional Roads Directorate
RoW Right of Way

1.2 Definitions

Acceptance. Formal written acceptance by the client, of a project that has been completed
in all respects according to the contract documents.

Acceptance testing. Testing conducted by the engineer to measure the degree of


compliance to the contract documents.

Addenda (addenda or addendum, used interchangeably). Written or graphic materials


issued before the opening of bids that clarify, correct, or change the contract documents.

Advertisement. Public announcement, as required by law, that invites bids for work to be
performed or for materials to be furnished.

Award. The decision of the client to accept the proposal of the lowest responsible bidder,
subject to the execution and approval of a satisfactory contract based thereon and bonds to
secure the performance thereof, and such conditions as may thereinafter be specified or as
may be specified or required by law.

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Bidder. An individual, firm, partnership, corporation, or any acceptable combination thereof,


acting directly or through a duly authorised representative, legally submitting a bid for the
advertised work.

Boundary value. Boundary value (xb) represents the demanded upper value (xbu) and/or
lower value (xbl) conditioned for ensuring expected characteristics. If the quality of work is
achieved in the demanded boundaries, they have full financial value.

Bridge. Any structure, other than a culvert, including supports, erected over a depression or
an obstruction, such as water, highway, or railway, and having a track or passageway for
carrying traffic or other moving loads and having a length measured along the centre of the
structure of more than 6.1 m between undercopings of abutments or extreme ends of
openings for multiple boxes. Structure dimensions are defined as follows:

• Bridge length. The overall length measured along the line of survey stationing from
back to back of backwalls of abutments, if present, otherwise end to end of the bridge
floor; but, in no case less than the total clear opening of the structure;

• Bridge width. The clear width measured at right angles to the longitudinal centre line
of the bridge between the bottom of curbs, or in the case of multiple height of curbs,
between the bottoms of the lower risers or, if curbs are not used, between inner faces
of parapet or railing.

Bridging structure. That part of the construction which is built on the foundations or directly
on the prepared original sub-grade.

By others. A person, firm, or corporation other than the contractor or its surety or persons,
firms, or corporations in a contractual relationship with the contractor or the surety, such as a
sub-contractor, supplier, fabricator, or consultant at any tier. The term includes may include
the client or other public body.

Calendar day. Each and every day shown on the calendar.

Carriageway. Part of the road, defined for the circulation of the vehicles; it is composed of
one or more lanes, is paved and is delineated with marginal markings.

Central reservation. An area provided on divided roadways to seperate opposite lanes of


traffic.

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Change order. A written order issued by the engineer to the contractor after execution of the
contract authorising one or more of the following:

• Changes in the work;

• Adjustments in the basis of payment for the work affected by the changes;

• Adjustments in the contract time.

Cold weather. The period between midnight of November 14 and midnight of March 15,
regardless of the ambient temperature, or, for periods outside of these dates, a period when
any of three consecutive days from the scheduled date of concrete placement, the average
daily temperature is or is expected to fall below 4ºC. The forecast of the daily temperature
data that is required to calculate this average daily temperature must be obtained from the
closest local meteorological monitoring station.

Client. The contracting authority, which could be the Albanian state through the General
Roads Directorate (GRD, part of the Ministry of Public Works, Transport and
Telecommunications) or other parties, acting directly or through duly authorised
representatives, such representatives acting within the scope of the particular duties
delegated to them.

Completion. Completion of the work. Completion occurs when:

• The work has been satisfactorily completed in all respects according to the contract
documents;

• The project is ready for use by the state to the degree required by the terms of the
contract; and

• The contractor has satisfactorily executed and delivered to the engineer all
documents, certificates, and proofs of compliance required by the contract
documents, it being understood that the satisfactory execution and delivery of said
documents, certificates, and proofs of compliance is a requirement of the contract.

Conditional award. An award, conditioned upon the later grant of approval by the state,
governmental body, private party, or combination thereof. Where compliance with a state
requirement or a requirement imposed as the result of the project being a cooperative
endeavour involving one or more states, governmental bodies, private parties, or a
combination thereof, makes it not reasonably possible to award the contract within the
30 working day period, the client may, nevertheless, make a conditional award.

Construction engineering costs. The costs incurred by the client for engineering,
inspection, and administration of a project during construction.

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Construction operations. Construction operations must include site clearing, demolition,


movement of utilities or other facilities, and actual construction of any of the temporary or
permanent structures, roadways, or public improvements required by the contract. The term
must not include mobilisation, procurement and storage of materials and plants, providing
engineering, performance bond and payment bond, surveys, working drawings, field offices,
or other schedules, certificates, forms, or documents necessary before the performance of
work on pay items.

Construction order. The term includes field orders, change orders, and supplementary
agreements.

Contract. The entire and integrated agreement between the parties that supercedes all prior
negotiations, representations, or agreements, either written or oral. The contract documents
form the contract between the client and the contractor setting forth the obligations of the
parties thereunder, including, but not limited to, the performance of the work and the basis of
payment.
Contractor. A firm which performs work under the approved plans and by the contract made
with the employer.

Contract documents. All documents forming part of the contract between the contractor and
the client, and including any ammendment to the contract through such means as addenda.

Contract time. The number of working days or calendar days including authorised
adjustments allowed for completion. When a specified completion date is shown in the
specifications instead of the number of working days or calendar days, completion must be
on or before that date. Specified completion date and calendar day contracts must be
completed on or before the day indicated even when that date is a Saturday, Sunday, or
holiday.

Contractor. The individual, firm, partnership, corporation, or any acceptable combination


thereof contracting with the client for performance of the prescribed work. Throughout the
contract documents, the contractor is referred to as if singular in number. The term
“contractor” refers to the contractor or the contractor’s authorised representative.

Contractor’s land surveyor. A person who is legally authorised to practice land surveying in
Albania, who is in principal charge of all surveying work and setting, moving, or resetting of
monuments. He or she may be either an employee of the contractor or under a subcontract
with the contractor to provide such land surveying services.

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Control test. A test which is performed to check routine tests and to determine the quality of
material, technology and performed work authorised by the employer and specified in the
contract.

Culvert. Any structure not classified as a bridge that provides an opening to carry water
under a roadway.

Current controlling operation or operations. Any feature of the work, which, if delayed at
the time in question, delays the overall time of completion.

Days. As used in the contract documents, these are calendar days.

Client laboratory. The main testing laboratory of the client or such other laboratory as the
client may designate.

Design unit. The client’s consultant engineering firm or the in-house design unit that
prepared the contract plans for that project, except for electrical plans and sign legends in
which case the manager of the office of traffic signal and safety engineering must be
considered the design unit.

Designer. An authorised expert organisation which, on the order and demands of the
employer, prepares the plans for building a construction.

Destabilised (pavement) road base. A course of the road foundation made of a


destabilised mixture of particles, serving as a sub- base and/ or protective course.

Dispute. A disagreement between the client and the contractor with regard to the work or
contract documents.

Drainage course. A course built – usually on the formation of the original sub-grade – to
ensure quicker drainage of the natural ground and embankments.

Earth. A naturally stabilised and/or destabilised material.

Easement. The right to use the land of others for a specific or particular purpose consistent
with the grant under which it was made.

Embankment. Part of the road body between the original sub-grade and road foundation.

Employer. The corporate legal body that awards the contract for performing the works on a
project.

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Engineer. The engineer which supervises the works of the contractor on behalf of the client.

Equipment. All machinery and equipment, together with the necessary supplies for upkeep
and maintenance, and also tools and apparatus necessary for the proper construction of the
work.

Extra width. Extra width is part of the road foundation outside the carriageway, designating
the edge of the carriageway.

Extra work. New and unforeseen work found essential to the satisfactory completion of the
project, as determined by the engineer, and not covered by any of the various pay items for
which there is a bid price or by combination of such items. In the event portions of such work
are determined by the engineer to be covered by one of the various pay items for which there
is a bid price or combinations of such items, the remaining portion of such work must be
designated as extra work. Extra work also includes work specifically designated as extra
work in the contract documents.

Extreme boundary value. Extreme boundary value (xeb) represents that value in which a
quality of work without financial value is achieved.

Extreme weather conditions. When, solely as a result of adverse weather, the contractor is
not able to work more than 15 days in any one month between April and November,
inclusive, the contractor is entitled to claim that progress of the work has been affected by
extreme weather conditions during that month and may seek an extension of contract time.
The contractor has no claim that progress of the work has been affected by extreme weather
conditions in any one month between December and March, inclusive.

Fertile earth. Earth which contains such an amount of organic soil that it can support
vegetation (also top soil).

Field order. A written order, signed by the engineer, requiring performance by the contractor
without negotiation of any sort.

Filter course. A course of the road body which prevents the seeping of stabilised materials
into the stone material.

Formation. The surface of any course of the road body built according to the plan.

Formation of original sub-grade. A suitably prepared surface of natural ground with the
required characteristics upon which the road body is built.

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Foundation. That part of the construction on which a bridging structure is built.

Fractile value. The share of results (in percentage) that are smaller or larger than the
determined value.

Hard strip. Part of the road free from any obstacle (vertical road signs, barriers etc.) which is
located directly beside the edge of the carriageway.

Highway, street, or road. A general term denoting a public way for purposes of vehicular
travel, including the entire area within the RoW (see Figure 1.1 at the end of this section).

Holidays. Holidays are defined as national or regional public holidays as defined by the
state. These are not classified as working days.

Hot mix asphalt (HMA) pavement. The combination of base course, intermediate course,
and surface course of hot mix asphalt. These courses are defined as follows:

• HMA base course – the hot mix asphalt layer(s) below the final pavement surface;

• HMA intermediate course – the hot mix asphalt layer placed in between the base
course and surface course;

• HMA surface course – surface layer of a specified thickness.

Inspector. The engineer’s authorised representative assigned to inspect contract


performance, methods, and materials related to the work both on and off the site of the
project.

International projects. Projects financed in any part by an organisation with its


headquarters outside the Republic of Albania. These projects may place special contract or
language conditions on the parties.

Investigation. One or more tests or measurements which represent a collective whole.

National projects. Projects wholly financed by the Republic of Albania or funding agencies
with their headquarters in the Republic of Albania.

Invitation for bids. The advertisement of proposals for all work or materials on which bids
are required. Such advertisements indicate the location of the project and an estimated
quantity of work to be done or the character and quantity of the material to be furnished and
the time and place of the opening of proposals.

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Laboratory. A field organisation which performs tests for determining the quality of the
materials used, technology and work performed.

Lane occupancy charge. A contractual obligation of the contractor to compensate for the
contractor’s use and occupancy of a lane or lanes of the travelled way beyond the time
period set forth in the traffic control plans or special provisions.

Materials. Any substances specified for use in the construction of the project.

Materials questionnaire. The specified forms on which the contractor must notify the
engineer of the sources of materials expected to be used.

Mean value. Mean value (x) represents the arithmetic average, calculated by the formula:

n
X = ∑ Xi / n ( n = number of results)
I=1

Measuring (also referred to as testing). The act of determining the specific characteristics
or quantity with one or more read outs of the test sample, measurement site or specific
place.

Municipal and regional projects. Those projects carried out with aid from the municipality
or region “Qarku”, for which the municipality or the region, and not the central government
through the MoPWTT, is the contracting party.

Notice to proceed. The written notice to the contractor to begin work.

Pavement structure. The combination of surface course and base course, and when
specified, a subbase course, placed on a subgrade to support the traffic load and distribute it
to the roadbed (see Figure 1.1). These various courses are defined as follows:

• Surface Course – one or more layers of specified material of designed thickness on a


base course or a subbase.

• Base Course – one or more layers of specified material of designed thickness placed
on the subgrade or subbase.

• Subbase – one or more layers of specified material of designed thickness placed on


the subgrade.

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Original sub-grade. The natural ground upon which the road body or some other structure
is expected to be built.

Pay item. A specifically described item of work for which the bidder provides a per unit or
lump sum price in the proposal.

Performance bond and payment bond. The approved form of security, executed by the
contractor and its surety or sureties, guaranteeing complete performance of the contract in
conformity with the contract documents and the payment of all legal debts pertaining to the
construction of the project.

Plans. The approved plans, profiles, typical sections, cross-sections, working drawings, and
supplementary drawings, or exact reproductions thereof, which show the location, character,
dimensions, quantities, and details of the work to be done.

Police. A person authorised to enforce the laws of the state and its political subdivisions,
who has jurisdiction at the project site, and who has successfully completed a traffic safety
program approved by the client.

Poor bearing earth. Earth which has unsuitable physical and/or chemical properties.

Preconstruction conference. The initial project meeting conducted by the authorised client
representative, normally held after award of the contract and before the start of work. A
separate utility preconstruction conference may be scheduled. The contractor must attend
preconstruction conferences, if required.

Presiding officer. The engineer or the engineer’s designee in charge of receipt of bids. The
presiding officer opens each meeting for the receipt of bids and declares when the receipt of
bids has been closed.

Profile. The trace of a vertical plan intersecting the top surface of the proposed wearing
surface, usually along the longitudinal centre line of the roadway. Profile grade means either
the elevation or gradient of such trace according to the context. From this, cross-section
elevations are established based on the typical section.

Project. The specific section of road or other public improvement together with all
appurtenances and construction to be performed thereon, under the contract. The project
may include work by others under other contracts.

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Proposal. The offer of a bidder, properly signed and guaranteed, on the prepared form
furnished by the client, or printed from a computer disk, to perform the work at the prices
therein.

Proposal bond. The security furnished with a bid to guarantee that the bidder must enter
into the contract if awarded the contract.

Proposal form. The approved form furnished by the client or printed from the computer disk
on which the client requires bids to be prepared and submitted for the work.

Read out. The numerical value read out on a specific apparatus in a specific unit of
measurement.

Regulating course. Course of the road body built for ensuring the demanded level and/or
height of an individual formation or for ensuring the demanded thickness of individual
courses.

Resident engineer. The field representative of the engineer having direct supervision of the
administration of the contract.

Right-of-way (RoW). A general term denoting all of the land, property, or interest therein,
usually in a strip, acquired for or devoted to transportation purposes or construction of a
public improvement (see Figure 1.1).

Right-of-way plans. The most current revisions of the property maps approved for use in
setting the existing and proposed RoW, including setting out or laying out of various
easements within which items of work are to be constructed or used to enable construction
thereof.

Roadbed. The graded portion of a highway within top and side slopes, prepared as a
foundation for the pavement structure and shoulders (see Figure 1.1).

Road base. Every course of the road way construction built between the bed and the
surfacing, usually made from destabilised and/or stabilised mixtures of particles.

Roadside. A general term including:

• The areas between the outside edges of the shoulders and the RoW boundaries;

• The unpaved median areas between inside shoulders of divided highways;

• Areas within interchanges;

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• Historic sites;

• Viewpoints;

• Scenic strips.

Roadway. The portion of the highway, street, or road within the limits of construction (see
Figure 1.1).

Roadway construction. Part of the road body between the bed and the original sub-grade
or the hydro-insulation of the supporting structure of a construction and the surface of the
roadway which takes over and supports traffic.

Road body. All those materials (including structures), placed between the formation of the
original sub-grade and the road surface or any other concluded formation.

Road user costs. The added vehicle operating costs resulting from establishment of
construction, maintenance, or rehabilitation work zones and delay and inconvenience costs
incurred by the travelling public.

Rolling straightedge. A manually propelled measuring device constructed upon a rigid


frame, 3 m long, wheeled at each end. A third wheel located midpoint is linked to a dial
indicator and automatically marks, in dye or water, the length of the surface variations which
exceed a tolerance of 3 mm.

Routine tests. Tests which are performed by the contractor or by another party authorised
by the contractor, for determining the suitable quality of the materials, technology and
performed work specified in the contract.

Sample. A quantity of material that is taken for a test.

Sampling site. A spatially defined place for taking samples.

Sealing course. A layer of the road foundation primarily aimed for waterproofing the
carriageway, which may also be temporarily used as a wearing course.

Shoulder. See Hard strip.

Special items. Such items limited to work that requires highly specialised knowledge,
craftsmanship, or equipment not normally available among contractors qualified to bid on the
contract as a whole, and designated as special items in the contract documents.

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Stabilised course. Course of mechanically or chemically stabilised earth.

State. The state means the government institutions which represent the Republic of Albania
both at centralised and decentralised level.

Statistical random selection. Statistical random selection ensures that any material or
product has an equal chance of being selected.

Straightedge. An accurate, 3 m square-edged straightedge used in testing variations in the


surface to verify specified tolerances.

Structures. Bridges, culverts, inlets, retaining walls, cribbing, manholes, endwalls, buildings,
sewers, service pipes, underdrains, foundation drains, and other features which may be
encountered in the work and not otherwise classed herein.

Sub-base foundation. A concluded layer of the embankment.

Sub-contractor. An individual, firm, partnership, corporation, or any acceptable combination


thereof, to which the contractor subcontracts part of the work.

Subgrade. The surface of the roadbed upon which the first layer of the pavement structure
and/or shoulder section is constructed (see Figure 1.1).

Substantial completion. The point at which the performance of all work on the project has
been completed except landscaping items (including the planting of trees, shrubs, vines,
ground covers, and seedlings), final cleanup, and repair of unacceptable work, and provided
the engineer has solely determined that:

• The project is safe and convenient for use by the public; and

• Failure to complete the work and repairs excepted above does not result in the
deterioration of other completed work; and provided further, that the value of
landscaping work remaining to be performed, repairs, and cleanup is less than two
percent of the total adjusted contract price.

Substructure. All of that part of the structure below the bearings of simple and continuous
spans, skewbacks of arches, and tops of footings of rigid frames, together with the
backwalls, wingwalls, and wing protection railings.

Superintendent. The contractor’s authorised representative responsible for and in charge of


the work. The superintendent must be authorised to receive all communications from the
client.

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Superstructure. All of that part of a structure above the bearings of simple and continuous
spans, skewbacks of arches, and tops of footings of rigid frames, excluding backwalls,
wingwalls, and wing protection railing.

Supervising engineer. An authorised expert of the employer at the construction site,


supervising the expert technical work and financial transactions.

Test sample. A specifically prepared part of the sample needed for testing or
measurements.

Testing (also referred to as measuring). The act of determining the specific characteristics
or quantity with one or mare read outs of the test sample, measurement site or specific
place.

Testing agency. A privately or publicly owned facility capable of testing and evaluating
component parts, or the whole, for certification of the composition or construction of the
material or product. The testing agency must be an accredited laboratory for each field of
accreditation and type of material to be tested.

Total contract price. The correctly determined summation of lump sum bids and products of
all quantities for pay items shown in the proposal multiplied by the unit prices bid.

Town, village, city. A subdivision or aglomeration (inhabited area) used to designate or


identify the location of the project. This is very clearly defined in Albanian legislation.

Travelled way. The portion of the roadway for the movement of vehicles exclusive of
shoulders and auxiliary lanes (see Figure 1.1).

Utility. A publicly, privately, or cooperatively owned agency or agencies operated by one or


more persons or corporations for public service. For purposes of the contract, railways must
be considered utilities.

Variation. Variation (variability of phenomena) can be defined as:

• With variation or dispersion (scattering, s²), which represents the average square
difference of the arithmetic mean; and/or

• With the standard deviation (s), which represents the square root of the variance.

Wearing course. The concluding course of the road foundation.

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Work. The furnishing of all labour, services, materials, equipment, tools, transportation,
supplies, and other incidentals necessary or convenient for the successful completion by the
contractor of the construction described in the contract documents and the carrying out of all
duties and obligations imposed by the contract documents on the contractor.

Working Day. Any calendar day, exclusive of:

• Saturdays, Sundays, and holidays;

• Days on which the contractor is specifically required by the contract documents to


suspend construction operations; and

• Days on which the contractor is prevented by inclement weather or conditions


resulting immediately therefrom adverse to the current controlling operation or
operations, as determined by the engineer, from proceeding with operations.

Working drawings. Stress sheets, shop drawings, diagrams, illustrations, schedules,


performance charts, brochures, erection plans, falsework plans, framework plans, cofferdam
plans, bending diagrams for reinforcing steel, and any other supplementary plans or similar
data which are prepared by the contractor or any sub-contractor, manufacturer, supplier, or
distributor, and which the contractor is required to submit to the engineer for approval or
certification.

Figure 1.1: Definition of Cross-Section of Road

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2 Introduction

2.1 Introduction to ARCS


The Albanian Road Construction Standards (ARCS) are a set of documents which set a
standard on how roads must be constructed. The Albanian Road Construction Standards are
presented in the following manner:

• ARCS 1 General and Preparatory Works;

• ARCS 2 Earthworks and Foundations;

• ARCS 3 Road Pavement;

• ARCS 4 Drainage;

• ARCS 5 Structural works;

• ARCS 6 Road Equipment;

• ARCS 7 List of work;

• ARCS 8 General Requirements for Materials and Testing;

• ARCS 9 Materials.

The individual work foreseen in ARCS 1—6 is broken down into the following structure to
ensure consistency and clarity to the contractor:

• Description;

• Basic materials;

• Quality of materials;

• Method of execution;

• Quality of execution;

• Quality of control;

• Measurement and take-over of work,

• Calculation of work.

The documents in the manual have been prepared specifically for use when constructing
rural and inter-urban roads in Albania. An overview of the ownership and definition in this
regard is presented below.

The Albanian public road network consists of approximately 18,000 km of roads, the
ownership of which is broken down into three different government levels (central,

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municipalities, regions, and communes) as defined by laws on decentralisation. The


ownership of each road kilometer is very clearly defined in Albania and, accordingly, so is the
responsible agency.

All settlements in Albania are very clearly classified according to law No. 8652 of 31.07.2000
“On Organisation and Functioning of Local Governments”, which is also available in the
English language. This legislation includes a detailed definition of all villages, towns and
cities under Article 5. The area of all settlements is very clearly defined and for municipalities
the line of demarkation is known as the “yellow line”.

Covered
Type of Road Ownership
by ARDACS

Inter-urban (also referred to


MoPWTT (through GRD) Yes
as national roads)

Urban Municipalities (under Ministry of Interior) No

Regions (under Ministry of Interior) Yes


Rural (also referred to as local roads)
Communes (under Ministry of Interior) Yes

Table 2.1: Road Ownership

Inter-urban roads are defined as those roads which are owned by the Ministry of Public
Works, Transport and Telecommuncations (MoPWTT) through the General Roads
Directorate (GRD). Where inter-urban roads pass through municipalities (towns or cities)
they become urban roads. Where they pass through villages they continue to be inter-urban
roads under MoPWTT. All roads under MoPWTT are considered as part of the national road
network.

Urban roads are defined as all those roads within the “yelllow line” of a municipality. The
ARDACS documents are not designed to take account of such roads and as a consequence
must not be used for these roads. However certain sections of the ARDACS may be
appropriate for certain types of road construction project. Where it is used for municipal road
projects, it is for the client within the municipaility to decide on the extent to which the
documents in the manual are appropriate in any particular situation. All parties must come to
an agreement prior to the start of the contract. This must be decided on professional
judgement.

Rural roads are defined as all roads which do not belong to the MoPWTT or the
municipalities, but belong to the regions and communes. The ARDACS document covers the

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design and construction of these roads. Ownership of these roads is also very clearly defined
and rests with the communes and regions.

The requirements given in the manual may be the best guidance available to departments,
such departments and the local bodies must ensure that their application does not
compromise safety, result in poor value for money, or have an unacceptable impact on the
environment on a local scale.

2.2 Definition and Description of Ownership of Roads in Albania

2.3 Introduction to ARCS 1


The aim of ARCS 1 – General Guidance and Preparatory Works is to outline the following:

• Description of legal framework;

• Description of general contractual frameworks available;

• Clarification on the standing of this document within Albanian legislation and the
applied contract;

• Specific contractual issues where these are not covered by legislation or available
contracts in Albania;

• Use of the manual (including departures and document control);

• How the contractor must undertake verification and evaluation of quality of the works;

• Measurement, take-over and calculation of work;

• Aspects the contractor must consider during preparation of works.

2.4 General Framework of ARCS


All activities in the Republic of Albania need to conform with Albanian legislation. The
legislation creates the framework within which all parties to the contract may operate and
undertake work unless special permission has been granted by the Albanian parliament
(which may occur on some international projects). Some regulatory requirements placed on
certain projects may go beyond the requirements of Albanian legislation.

A general outline of relevant Albanian legislation is presented below. The contractor is


required by law to employ a lawyer familiar with all types of relevant legislation to ensure full
compliance. It is the contractor’s responsibility to ensure that the lawyer is familiar and up to
date with all relevant legal developments.

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The contract between the contractor and client is only valid within the Albanian legal
framework and may not in any form contradict Albanian legislation or permits granted by the
Albanian parliament.

Depending on the type of contract used, some aspects outlined in ARCS 1 may already be
covered to a different extent in the general conditions of the contract. Where these are
covered the general conditions of the signed contract must have precedence over the
contents of this ARCS 1. Under no circumstances must ARCS 1 contradict either any
aspects of Albanian legislation or the general contract conditions.

In some aspects ARCS 1 may specify a higher standard than that prescribed in Albanian
legislation. Where this is the case the specifications of ARCS must be followed, providing
they do not contradict the general conditions of the contract.

The contractor must strictly follow those aspects covered in ARCS but not in contract
documents or legislation. The specific conditions of the contract must be written in such a
way that it is in accordance with the ARDM and ARCS documents. No departures must be
allowed unless they have previously undergone the necessary procedures. Departures to the
ARCS are covered in a subsequent section.

2.5 Tendering and Award


The tendering and award procedures must follow those laid down by the client and in
accordance with Albanian legislation under the Dokumentat e Tenderit/Kontratës ër Punimet
Rrugore (“Official Standard Tender/Contract Documents for Road Works”). For international
projects they must also conform with any procedures required by the financing body.

2.6 Contract and Implementation


The contractor must in the implementation of the project follow Albanian legislation, the
general conditions of the contract, the ARCS set of documents and the specific conditions of
contract in this order.

2.7 Technical Regulations

2.7.1 General
All parties to the contract (client, engineer and contractor) must under all circumstances
follow Albanian legislation in executing the work. All contracts must be within the framework
made by Albanian legislation unless this has been aproved by the Albanian parliament. The
main Albanian legislation regarding construction is summarised in the table below and is by

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no means intended as a complete list. All parties but especially the contractor must be up to
date with legal developments.

2.7.2 Legislation

2.7.2.1 Laws
Law No. 7980 of 27.07.1995 “On the acquisition of land for construction”;

Law No. 8308 of 18.03.1998 “On road transports”;

Law No. 8402 of 10.09.1998 “On the supervision of construction works”


amended;

Law No. 8405 of 17.09.1998 “On urban planning”;

Law No. 8408 of 25.09.1998 “On construction police” amended;

Law No. 8464 of 11.03.1999 “On the standardisation” amended;

Law No. 8937 of 12.09.2002 “On the preservation of heat in buildings”;

Law No. 8996 of 30.01.2003 “On the measurement units and the control of
measurement instruments”;

Law No. 9024 of 06.03.2003 “On accreditation of testing and calibration


laboratories, and of certification and inspection
bodies”;

Law No. 9097 of 03.07.2003 “On the evaluation of conformity”;

Law No. 9209 of 23.03.2004 “On the legalisation of extensions to buildings’;

Law No. 9211 of 25.03.2004 “On the adherence of the Albanian Republic to
the European Agreement “For road designation
numbers” Geneva, 1957”;

Law No. 9290 of 07.10.2004 “On construction materials”;

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Law No. 9514 of 18.04.2006 “On the adherence of the Albanian Republic to
the European Agreement “For the proceedings
of the crews of the means involved in the
international road transport and the Protocol of
the Endorsement and in its Amendment No. 4”;

Law No. 9624 of 16.10.2006 “On the adherence of the Albanian Republic to
the multiparty Convention on the Contract for
the International Carriage of Goods by Road
(CMR)”;

Law No. 9729 of 10.05.2007 “On the ratification of the loan agreement
between the Council of Ministers of the Albanian
Republic and International Bank for
Reconstruction and Development of the
Transport Project”;

Law No. 9774 of 02.07.2007 “On the estimation and the administration of the
noise in the environment”;

Law No. 9780 of 16.07.2007 “On construction inspection”.

2.7.2.2 Decisions of the Council of Ministers


Decision No. 412 of 15.09.1992 “On the foundation of the special commission for
the assignation of professional licences”;

Decision No. 722 of 19.11.1998 “On the approbation of the urban planning rule”;

Decision No. 242 of 28.05.1999 “On the approval of the code of provision,
legitimisation, approval and implementation of
standards”;

Decision No. 323 of 08.07.1999 “On the provision, adaptation and


implementation of technical rules and
procedures for the assessment of conformity
with technical rules and standards”;

Decision No. 371 of 04.08.1999 “On the criteria and competences in the
standardisation of certification and
accreditation”;

Decision No. 372 of 04.08.1999 “On the exchange of information for standards
and technical rules”;

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Decision No. 440 of 09.09.1999 “On the structure and the salaries of the
employees of the construction police“;

Decision No. 1 of 24.01.2001 “On the operating of the KRRT”;

Decision No. 68 of 15.02.2001 “On the approval of the technical conditions of


the design and the execution of construction
proceedings” amended;

Decision No. 382 of 23.07.2002 “For the exchange of information in the area of
standards and technical regulations”;

Decision No. 808 of 04.12.2003 “On the assignation of permission to users of


heavy construction vehicles”;

Decision No. 679 of 22.10.2004 “On the approval of technical rules for the use of
structural concretes”.

2.7.2.3 Instructions
Instruction No. 3 of 15.09.2001 “On the supervision of construction works”
amended;

Instruction No. 1 of 08.05.2003 “On the approval of the average costs of the
construction of the buildings from the National
Institution of Habitations, of the values in the
open market and of the coefficient k“;

Instruction No. 2 of 08.05.2003 “On the classification and the structure of


construction works costs”;

Instruction No. 2 of 13.05.2005 “On the execution of construction works”;

2.7.2.4 Decrees
Decree “On the legalisation, urbanisation and the
integration of the not permitted constructions”;

2.7.3 Validity of Legal Framework


The above mentioned legal framework is valid until new legal regulations, supplements to the
exiting regulations or amendments which replace the stated definitions of these technical
conditions come into force.

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All parties to the contract must follow this legal framework at all times at least to the required
minimum conditions.

2.7.4 Legal Opinion


All parties to the contract are obliged to seek legal opinion where they are unsure. The
contractor is required by law to have at the full time disposal of the project a lawyer, who
must advise the contractor on all construction relevant matters and internally ensure that
these are implemented.

2.8 Types of Contract


This section outlines the different types of contract which the client may wish to use and
gives guidance on the options available to the client. Fundamentally speaking there are two
types of contract for the construction of public roads: Design and build contracts, and build
contracts.

• Design and Build. Under a design and build contract the contractor is responsible for
undertaking the design and the construction of the works.

• Build. Under a build contract the contractor is responsible for undertaking the
construction of the works in accordance with the design which has been prepared by
an independent designer, which is part of a different contract.

Both of the above types of contract can be broken down into two different types of payment
methods. These methods outline whether the contractor is paid for his work depending on
the exact volume of work he has done (method of measurement) or by payment of a lump
sum for the final approved project.

It must be up to the client with the help of his advisors/designer to decide on the suitable type
of contract for a specific project.

All types of contract used must be in conformity with Albanian legislation.

There are established conditions of contract for the construction of roads, which are available
only in Albanian. These are known as, Dokumentat e Tenderit/Kontratës për Punimet
Rrugore (“Official Standard Tender/Contract Documents for Road Works”) and are similar to
the International Federation of Consulting Engineers (FIDIC) conditions of contract.

In addition there are the FIDIC conditions of contract, which are a complete set of contract
documents that have demonstrated they suitability both within Albania and outside Albania.
These conditions of contract are not available in the Albanian language.

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The table below summarises the types of contract including types of payment and the
contract types open to the client.

Type of Method of
Type of contract to be used
contract measurement

Design and Measurement FIDIC – “Yellow Book” - International and national projects
Build
Lump Sum FIDIC – “Yellow Book” - International and national projects

FIDIC – “Red Book” - International projects


Measurement Dokumentat e Tenderit/Kontratës për Punimet Rrugore (“Official Standard
Tender/Contract Documents for Road Works”) – National projects
Build
FIDIC – “Red Book” - International projects
Lump Sum Dokumentat e Tenderit/Kontratës për Punimet Rrugore (“Official Standard
Tender/Contract Documents for Road Works”) – National projects

Table 2.2: Contract types

The above table applies to all types of client, whether for inter-urban or rural roads, and must
be adhered to.

2.9 General Parties to the Contract


The graphic below presents a graphical overview of the different parties to a contract and
how they interact.

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Figure 2.1: General Parties to the Contract

2.10 Environmental Management


The contractor must ensure that an environmental management plan is prepared and
implemented for each and every project. This environmental management plan must be in
line with the environmental impact assessment and the mitigation measures put forward. The
contractor must implement all of the recommendations made by the environmental reports
prepared during the previous design phases.

In addition to implementing the mitigation measures, the contractor must at all times adhere
to the Albanian environmental legislation and if applicable any additional requirements
placed on the project by the client. For international projects the requirements placed by the
financing body must be followed.

The contractor must follow the recommendations made in the World Bank’s publication:
“Roads and the Environment: A Handbook”.

The engineer must ensure that the environmental management plan is implemented by the
contractor and is periodically reviewed.

2.11 Health and Safety


All parties to the contract must have the highest regard for the safety and well-being of those
working on the construction site as well as third parties which may be affected by the works.

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In so doing the health and safety plan outlined in this document must be strictly followed
without exception.

The contractor must ensure that the following are adhered to at all times:

• Chapter 8 – Health and Safety Protection of the Albanian labour code, specifically
Article 39 – Employer’s responsibility;

• Council of Ministers Decision No. 207 of 09.05.2002 ”On defining difficult and
dangerous jobs”;

• Council of Ministers Decision No. 205 of 09.05.2002 “On changes in Decision Nr


3084 of 20.05.1996 of the Council of Ministers of the protection of minors at work”;

• Council of Ministers Decision No. 692 of 13.12.2001 “On special measures


concerning the Safety and Protection of Health at work”;

• EC Directive 89/391 (the Framework Directive); and

• EC Directive 92/57 (the Temporary and Mobile Sites Directive).

2.12 Departures from Standards


The use of the Albanian Road Design and Construction Standards (ARDACS) is obligatory
and the standards must be strictly adhered to.

In some instances, the technical requirements in a document prescribe certain criteria of


provision, which sometimes can not be realistically met in full. This could be, for example, for
reasons such as linking into an existing road or to reduce the impact on a property or the
environment, where safety issues are compromised and the cost of complying with the full
requirements could not be justified. This may also take place between the issuance of any
corresponding updates.

Where special circumstances arise and the straightforward application of the standards
cannot be justified for a well defined reason, users will need to develop departures from the
criteria or propose additional criteria (for aspects not covered by existing documents) based
on a reasoned assessment. These should then be carefully documented and submitted to
the Client for submission to the Technical Secretariat of the ARDACS Document Revision
Organisation for approval or rejection prior to incorporation into the works.

The Technical Secretariat must review the request and undertake consultations within the
Committees (and if necessary with the user making the request) to assess the circumstances
and proposal. At the minimum, the following persons must review the request for departures:

• ARDACS Managing Board Chairman;

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• Senior engineer of relevant discipline;

• All Committee Chairmen;

• Additional personnel as may be requested by any of the above.

The degree of documentation depends on the exact nature of the deviation and its degree of
importance in respect to safety and good design. Approval cannot and must not be given
retrospectively for departures exposed at a later stage. Retrospective applications that are
not approved must be rectified at the cost of the contractor.

Portions of the material in this manual may be specifically superceded by publications of the
Ministry of Public Works, Transport and Telecommunications.

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3 Document Control

3.1 Introduction
This section outlines the procedures and structures which are in place to update and
maintain the Albanian Road Design and Construction Standards from within the responsible
state organisations in a quality controlled environment. It explains how this affects the end
user of the ARDACS documents in keeping copies up to date to ensure adherence to the
latest status.

3.2 Organisation
The Ministry of Public Works, Transport and Telecommunications (MoPWTT ) is the owner of
the ARDACS documents and is ultimately responsible for their suitability, maintenance,
upgrading and publishing. The documents are maintained by the ARDACS Managing Board,
which falls within the MoPWTT and is a fully independent body outside of GRD.

The ARDACS Managing Board ensures that all relevant standards are kept up to date with
latest technological and scientific developments. This discussion on upgrades is undertaken
by eight Committees and sub-ordinated Working Groups as required, which are in charge of
each of the ARDACS volumes.

The ARDACS Managing Board is a technical organisation and consists of scientists,


engineers, government staff, construction experts, consultants and other specialists of
relevant road disciplines. This committee is organised as outlined in Figure 3.1 overleaf.

3.2.1 Organisation of the Document Revision Organisation


The Document Revision Organisation includes the following components:

ARDACS Managing Board. The ARDACS Managing Board is a group of experts from a
wide field including engineers, legal specialists, economists, planners and a representative of
each of the Committees, who manage the document review process through the committees.
The managing board reports to the MoPWTT through the ARDACS Managing Board
Chairman. The function of the ARDACS Managing Board is to ensure that applying the
ARDACS documents will result in a high quality road infrastructure in accordance with the
latest EU practice.

Technical Secretariat. The Technical Secretariat is to consist of the ARDACS Managing


Board Chairman, one secretary and one experienced highways engineer. All must be

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employed full time on the project. The Technical Secretariat must report to the ARDACS
Managing Board. The function of the Technical Secretariat is to:

• Provide support and undertake the necessary coordination of the Committees and
ARDACS Managing Board;

• Provide support to the Working Groups;

• Process and pass on received correspondence;

• Receive requests for departures of sections of the ARDACS documents and in


conjunction with the Committees and Working Groups, and evaluate and
approve/reject the request for departures.

Figure 3.1: Organisation of the Document Revision Organisation

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Committees. The Committees consist of experts of all related disciplines, but mainly of
engineering. There are eight Committees and each one is responsible for managing some of
the ARDACS group of documents. Each Committee has the option if it so chooses to
nominate Working Groups and delegate discussion in more specialist fields. The Committees
have the right to increase or decrease the number of specialists or Working Groups under its
control and are responsible for coordinating their activities. Each Committee has a Chairman,
who represents its interests elsewhere in the organisation.

Working Groups. Working Groups are established at the discretion of the relevant
Committee and may consist of experts from all disciplines. No restriction is placed on experts
working on different Working Groups which come under different Committees. The
Committee appoints a Working Group Chairman, who reports back to the Committee and if
necessary interacts with other Committees and Working Groups.

3.3 Document Revision

3.3.1 Introduction
It is vital that the user of this manual participates in the revision process by using the form
provided at the end of this chapter. As such the user is encouraged to ask questions, report
potential mistakes or inaccuracies, suggest modifications and contribute new material to
elements of the documents so that the document may be upgraded. The whole document
revision procedure must be based on democratic principles, and the structure must function
on the basis of democratic principles of respect for the opinion of others and always in an
objective manner with a scientific argumentative base.

No individual body must be sufficiently strong to be able to oppose the development of the
ARDACS documents if there exists a sound scientific base.

3.3.2 Document Updating Procedures


There are three different channels for updating the ARDACS documents. These are as
follows:

• Request from the profession;

• Discussion by experts forming part of the Document Revision Organisation through


better knowledge, practical experience or advances in technology, and research;

• Evaluation of past requests for departures and assessment of their overall validity.

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3.3.3 Request from Profession


The ARDACS Managing Board reviews the comments received by the user of the ARDACS
documents and may pass them on to the relevant Committee for review. Having reviewed
them, the Committee must pass a recommendation to the Managing Board on whether to
reject or continue investigations in the relevant Committee. The Managing Board has the
option of accepting or rejecting the Committee’s recommendations.

If the original comment from the user is rejected, the Managing Board must communicate this
to the user.

In the case that the comment is taken forward to detailed discussion in the Committee this
must equally be communicated to the user. Once with the Committee it must be discussed at
the required detail and length until consensus is reached (either by the Committee itself or an
appointed Working Group). The originator of the suggestion may be invited to present and
defend his suggestion in front of them. Also other Committees and Working Groups may be
invited to participate in the discussion.

The Committee must discuss this issue until consensus has been reached on all received
suggestions. When there are essential changes or sufficient minor modifications the
Committee must update the relevant ARDACS volume and pass together with a list of
recommended changes to the Managing Board for revision and approval. The review and the
updating of the standards by the Committee is made according to new developments in
research, technology, environment and the law.

The Managing Board must, after consensus has been reached with the Committee, submit
the revised ARDACS volume in the Albanian language to the MoPWTT for approval and
official incorporation in the ARDACS volumes.

Once the relevant volume has been approved and incorporated into the ARDACS, the
ARDACS Managing Board must translate the revised volume into English. It must hire road
engineers with a native or near native command of the English language to review the
English version and ensure high quality of both versions.

3.3.4 Ongoing discussion between organisation


In addition to a “user guided” review, the Committees must also be able to review certain
aspects as they must consist of highly knowledgeable experts in the field.

Amendments to the ARDACS documents may also be proposed by members of the


Document Revision Organisation taking into account the latest state of technology and

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research. If such a proposal is made within the organisation it must be passed on to the
relevant Committee (and if necessary to include relevant Working Group), where it must be
discussed until a technical consensus has been reached.

Once agreement has been made a proposal must be made to the ARDACS Managing Board
containing the a recommendation for approval or rejection of a proposal.

Once a change has been accepted the relevant volume of the ARDACS documents must be
reissued.

It is the responsibility of the MoPWTT or its delegated organisation to notify the engineering
profession of the revision of the ARDACS volume and to organise the printing and
distribution.

3.3.5 Evaluation of Departures


The Committees (and Working Groups) must during each of their meetings review the
requests for departures that have been made to their respective fields of expertise and
discuss whether there is any benefit in changing the relevant ARDACS volume.

If it is found that there is cause for changes to be made, the Committee with the assistance
of the Working Groups must discuss and agree on what exactly these changes are to be and
make the necessary proposal for approval by the ARDACS Managing Board.

Once a change has been accepted the relevant volume of the ARDACS documents must be
reissued.

3.4 Publication
It is the responsibility of the MoPWTT or its delegated organisation to notify the engineering
profession of the revision of the ARDACS volume and to organise the printing and
distribution.

In the interim period until the revised relevant ARDACS volume is published the designer
must use latest advances in research and technology to depart from the prescriptions of the
volume, but only through the approval of a departure.

Having officially approved the revised ARDACS volume, the MoPWTT must notify the
profession through established media bulletins (e.g. website, email to subscribers,
newspapers etc.) that a new revised ARDACS volume is available, which replaces the old
one.

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The profession must be expected to obtain this publication. After publishing an update of the
specific ARDACS volume in question the old document must be withdrawn and void.

It is the duty of the user to ensure that he is using an up to date version of the ARDACS
document.

3.5 Enquiries
Every user is invited to take part in the process of controlling and updating the respective
ARDACS. The user has the possibility to ask questions, report possible flaws, suggest
modifications or contribute new material to elements of the document. The form at the end of
this document gives the required details to process the feedback. The request should be
made directly to the ARDACS Managing Board and not the individual Committees, as the
Committees do not have the power to act on their own accord. Copies of the relevant
ARDACS documents must be used to transmit comments and attachments, such as marked
copies of manual pages.

The form must be addressed to:

Technical Secretariat
Document Revision Organisation

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Comment Form

From: ________________________________

Phone: ________________________________

E-mail: ________________________________

Date: ________________________________

To: Technical Secretariat

Address: ________________________________

Phone: ________________________________

E-mail: ________________________________

Subject:

Comment (marked copies attached):

Preserve this original for future use – please submit copies only.

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4 Legal Relations and Responsibility to the Public

4.1 Description of Parties to the Contract


The construction work to a road includes the following three main parties, which are equal
with regard to the contract. These are:
• Client. The client finances, and is the ultimate owner of, the final works. The client is
sometimes referred to as commissioner, department, contracting authority, or
employer.
• Engineer. The engineer supervises the implementation of the contract in accordance
with Albanian legislation, general conditions of contract, ARCS and special conditions
of contract, in this order.
• Contractor. The contractor undertakes the works necessary to implement the
contract always following Albanian legislation, general conditions of contract, ARCS
and special conditions of contract in this order.

The exact responsibilities of each of the parties are laid down in the general conditions of
contract for the type of contract chosen and are to be followed at all times, providing that they
are within the boundaries of the Albanian legislation.

In addition the parties to the contract must liaise and may come into contact with certain
governmental institutions such as ministries, directorates, institutes and the construction
police. All communication between ministries, directorates, institutes and other public bodies
must only take place through the client. The construction police represent an exception to
this rule.

For all state bodies except for the construction police and national police, communication
with the project must be through the client (including the contractor – state body and vice
versa). The construction police must have access to all parties to the contract including but
not limited to office premises, construction sites, storage areas, laboratories etc, without
warning, and without the need for suspicious circumstances to arise.

The role of the construction police is to check that all relevant legislation is being followed by
all parties and that all permits, licences and taxes have been obtained.

4.2 Permits, Licenses, and Taxes


The designer must supply to the client a list of all licences, permits, necessary notices
together with details of the required documentation the contractor must present as well as
details from whom they need to be obtained. The client, upon award of the contract, must
initiate the process for obtaining these licences and permits. The client must procure all

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necessary permits, grants, and licenses, pay all charges, fees, and taxes, and give all
notices necessary and incidental to the due and lawful execution of the work.

The licence must be made out to the awarded contractor. The client must ensure through its
inter-institutional channels that the permits are issued in a timely manner to allow
construction to take place according to schedule.

Once obtained, the contractor must keep the permits, licenses and tax certificates in a fire-
safe storage accessible by any government inspector or client. The client must pay for all
charges incurred by the contractor for permits, grants, and licenses in connection with the
work.

4.3 Patented Devices, Materials, and Processes


If any design, device, material, or process covered by letters of patent or copyright is used in
the work, the contractor must provide for such use by suitable legal agreement with the
patentee or owner. The contractor must assume all costs arising from the use of patented
materials, equipment, devices, or processes used on or incorporated in the work. The
contractor must defend, indemnify any affected third party from any and all claims for
infringement by reason of the use of any such patented design, device, material, or process,
or any trademark or copyright. He must indemnify the state for any costs, expenses, and
damages which it may be obliged to pay by reason of an infringement, at any time during the
performance of the work or after acceptance.

The above requirements are in addition to the legislation. The above must be in addition to:

• Albanian Law No. 7564 of 19.05.1992, “On the right of the Author”;

• The Convention on the Brand of European Patents of 05.10.1973;

• Patent Cooperation Treaty of 1970 of Berne;

• Patent Law Treaty of 01.06.2000 of Geneva;

• Substantive Patent Law Treaty of 2000;

• The Agreement on the Trade related aspects of the Intellectual Property Rights 1994;

• EC Directive on the Enforcement of Intellectual Property Rights 2004/48/EC;

• And all subsequent amendments of the above.

The contractor must respect patents from all over the world, including those registered within
the European Union and United States taking, into consideration the above mentioned
treaties.

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4.4 Discrimination in Employment on Public Works


The contractor must not discriminate against any person who is qualified and available to
perform the work to which the employment relates on the grounds of race, creed, colour,
national origin, ancestry, marital status, disability, or sex in accordance with the Albanian
Constitution and Article 9 of the “Labour Code” Law No. 7961 dated 12.07.1995.

4.5 Sanitary, Health, and Safety Provisions

4.5.1 Toilets
The contractor must provide and maintain in a neat, sanitary condition such accommodations
for the use of its employees and for field offices and materials field laboratory as may be
necessary to comply with the requirements of Albanian regulations.

The contractor must ensure privacy to all employees and client personnel assigned to the
project by providing on-site separate toilet facilities for male and female employees. These
facilities must be portable toilets and clearly marked BURRA (“MEN”) and GRA (“WOMEN”).
They are in addition to the facilities provided in the field office or laboratory.

The total number of facilities must be determined from the chart listed below. A facility is
defined as one unit. A facility site is defined as a location that provides at least one facility for
each gender. The maximum distance between the location of facility sites and workers must
be no more than 0.5 km.

All toilet facilities must be in compliance with the Article 72 - Sanitary Installments, Albanian
Labour Code and other regulations or applicable European Union directives. The sewage
disposal method must not endanger the health of employees and must be in compliance with
all Albanian regulations and with regards to the immediate environment.

Toilets must be sufficient in number as outlined below and they must be located in every
facility and their ventilation should be secure. According to the Albanian Labour Code
Chapter 8, Article 74 – Maintenance, toilet facilities must be maintained in a clean state. In
order to achieve this the contractor must under the provisions of ARCS 1 ensure that they
are sanitised at least daily.

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Minimum No of Minimum No of
Number of male Number of female
facilities for male facilities for female
employees employees
use use

1—15 1 1—15 1
16—35 2 16—35 2
36—55 3 36—55 3
56—80 4 56—80 4
Over 80 5 Over 80 5

Table 4.1: Toilet facilities

4.5.2 Safety Plan


The contractor must observe all rules and regulations of the Albanian legislation and follow
local health officials. Attention is directed to Albanian legislation and regulations concerning
construction safety and health standards. The contractor must not require any worker to work
in surroundings or under conditions that are unsanitary, hazardous, or dangerous to the
worker’s health.

Before starting work on the project, the contractor must submit to the engineer a written
health and safety programme (hereinafter referred to as the “programme”). The programme
must meet or exceed the minimum requirements of this subsection and any applicable
Albanian legislation and regulations (e.g. Albanian Labour Code) and EU laws as outlined
above. The general introduction of the programmeme must include the names, addresses,
and telephone numbers of the contractor’s project manager, project superintendent and its
designee, all competent persons.

The contractor’s programme must include the following:

1. General Introduction.

a. Description. The programme must describe in detail the means by which the
contractor must implement and monitor the programme. Implementation and
monitoring must also mean that the programme to update the programme with new
information, new practices or procedures, changing site and environmental
conditions, or other situations that could adversely affect site personnel. The
programme must provide guidelines for protecting all personnel from hazards
associated with project operations and activities. The programme must establish the
policies and procedures that are necessary for the project to be in compliance with
the requirements of Albanian health and safety at work regulations, standards, or
guidelines in effect at the time the work is in progress.

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b. Responsibility, identification of personnel, and certifications. The contractor is


solely responsible for creating, implementing, and monitoring the programme.

The contractor must identify and designate on-site supervisory level personnel who
must be responsible for implementing and monitoring the programme at all times
throughout the duration of the project and must have authority to take prompt
corrective measures to eliminate hazards including the ability to stop work activities.

Documentation of training provided to the on-site supervisory level personnel must be


included as part of the programme.

For any work activities wherein the contractor has identified a competent person as
responsible, that person must be capable of identifying existing and predictable
hazards and have the authority to take prompt corrective measures to eliminate the
hazards, including the ability to stop work activities.

Documentation of the qualifications of such competent persons identified, including


any certifications received, must be included as part of the programme.

The contractor must further identify the qualified safety professional responsible for
developing the programme and must provide that person’s qualifications for
developing the programme which must include, but not be limited to, education,
training, certifications, and experience in developing this type of programme.

The programme must contain a certification executed by the qualified safety


professional, who developed the programme, stating that the programme complies
with Albanian regulations, standards, or guidelines in effect at the time the work is in
progress.

2. Elements of the Programme. The programme must address, but not be limited to, the
following elements:

a. Management safety policy and implementation statement.

b. Emergency telephone numbers.

c. Personnel responsibilities:

1. Management responsibilities

2. Supervisor’s responsibilities

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3. Site safety officer responsibilities

4. Employee responsibilities

d. Training:

1. Regulatory

2. Crew/site talks

a) Subject selection

b) Documentation

3. Site hazard assessment – daily employee awareness of site operations

e. Safety rules:

1. General safety rules

2. Personal protective equipment

3. Housekeeping

f. Employee disciplinary policy:

1. The policy

2. Violation forms

g. Safety checklists:

1. Project safety-planning checklist

2. Emergency plans and procedures checklist

3. Documentation checklist

4. Protective materials and equipment checklist

h. Traffic control coordinator inspections:

1. Responsible person

2. Frequency

3. Documentation of actions taken

i. Record keeping:

1. Logbook

2. Forms required by Albanian regulations.

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j. Emergency action plans, chain of command, and responsibilities:

1. Guideline for handling emergencies

2. Accidents involving death or serious injury

3. Property damage accidents

4. Fire or explosions

5. Severe weather

k. Security policy guidelines:

1. Job site security guidelines for safety

2. Job site office guidelines for safety

l. Hazard communication:

1. What is and how to read a Material Safety Data Sheet (MSDS)

2. Where programme documentation and MSDS are located

3. How programme information is communicated

4. Person responsible for communicating programme information

5. Documentation of hazard communication

m. Additional procedures for project specific situations as applicable:

1. Compressed gas cylinders

2. Confined spaces

3. Cranes

4. Crystalline silica (stone, masonry, concrete, and brick dust)

5. Electrical

6. Equipment operators

7. Fall protection

8. Hand and power tools

9. Hearing conservation

10. Highway safety

11. Lead

12. Lock out/tag out

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13. Materials handling, storage, use, and disposal

14. Night work

15. Personal protective equipment

16. Project entry and exit

17. Respiratory protection

18. Sanitation

19. Signs, signals, and barricades

20. Subcontractors

21. Trenching

The scope of work, operations, and environment of the project dictate the elements that need
to be addressed by the contractor and may add or delete elements that are to be addressed
for a particular project.

Appropriate documentation for each element must be maintained and made available by the
contractor to show compliance with the programme.

The programme must be kept on the site and must apply and be available to all workers and
all other authorised persons entering the work site.

The programme must apply to any work under the contract whether such work is performed,
by way of example and not limitation, by the contractor’s forces, sub-contractors, suppliers,
or manufacturers.

The programme must be submitted to the engineer for review before the actual start of work
on the project. Within ten working days of receipt, the engineer must determine whether or
not the programme meets the requirements of this subsection. If the programme does not, it
must be returned for revision, and work on the project may not proceed until the engineer
has accepted the programme. Acceptance of the programme must not be considered or be
construed as an approval of the programme by the engineer and must not be considered a
part of the contract and must not obligate the state to carry out the programme in any
manner. Copies of updates to the programme must be supplied to the engineer.

If at any time during the project, the programme is not being complied with as written, the
contractor must correct such deficiencies.

The contractor is solely responsible for all aspects of the programme including, but not
limited to, the development, revision, implementation, monitoring, and updating of the

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programme. Pursuant to these standrads, the contractor must defend, indemnify, and save
the state from any and all liability from any actions arising directly or indirectly or alleged to
arise from the programme.

Separate payment must not be made for the programme including, but not limited to, its
development, revision, implementation, monitoring, and updating. All costs thereof must be
included in the various pay items scheduled in the proposal and must be carried by the
contractor.

The contractor must admit, without delay and without the need for the presentation of an
inspection warrant, any inspector of the state labour inspectorate under the Ministry of
Labour and Social Affairs or other legally responsible agency involved in safety and health
administration upon presentation of proper credentials.

The contractor must make available to the contractor’s employees, sub-contractors, the
engineer, and the public, all information pursuant to Albanian legislation, and must also
maintain a file on each job site containing all MSDS for products in use at the project. These
MSDS must be made available to the engineer upon request.

For international projects, this documentation must also be prepared in the English language.
The cost of translation and verification of the translations must be carried by the contractor.

4.6 Public Convenience and Safety


The contractor must at all times conduct the work to ensure the least possible obstruction to
traffic. The safety and convenience of the general public and the residents along the road,
and the protection of persons and property must be provided for by the contractor.

Precaution must be exercised at all times for the protection of persons and property. The
safety provisions of applicable laws and regulations must be observed.

4.7 Archaeology
The final design prepared in the design phase must consider potential archaeological areas
(through geophysical or other surveys) and must make recommendations to how the works
must be executed. The parties to the contract must follow these recommendations and
Council of Ministers Decision No. 7022 of 19.11.1998 “On the Approval of the Urban
Planning Rule”.

The contractor has a contractual and legal duty to inform the engineer of any archaeological
findings he makes and must stop work until the engineer has evaluated the works. This must

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include any of the following in any form and regardless of the archaeological value
perception of the contractor, buried:

• Structures of any form and size;

• Other man-made artefacts or part of any man-made artefacts, in any form or size;

• Bones, whether human or animal;

• Fossils in any form.

The engineer must evaluate and discuss the issues with the client. The client is required by
law to inform the Ministry of Tourism, Culture, Youth and Sports immediately and include this
ministry in any decisions to be taken. Decision No. 795 of 26.11.2003 “on the foundation the
composition and the way of functioning of the Permanent Commission of the Evaluation of
the Objects with Cultural and National Heritage Value in private property and scientific
criteria and for the procedures of the evaulation of these objects.”

In some projects and depending on the extent of the archaeological issues, the designer may
in the tender documents stipulate that the engineer and contractor must employ a full time
archaeologist.

The archaeologist’s responsibility must be to monitor the works for objects of archaeological
value and ensure these are protected in accordance with Albanian legislation .

All archaeological findings are the unique property of the Republic of Albania in accordance
with the Civil Code, Chapter 2, Article 186 and Article 187 of the Civil Code No. 7850 of
29.07.1994). The contractor is entitled to compensation by the state in accordance with the
above mentioned Article 187.

Should any parties fail to declare archaeological findings, or such findings disappear, this
must result in the automatic suspension of the contract until the matter is clarified.

Any delay or cost resulting from archaeological finds must be borne by the client and must
not be the responsibility of the contractor unless this is due to negligence or incompetence
on behalf of the conractor.

4.8 Railway Road Provisions


If the contract documents require that materials be transported across the tracks of any
railway, the client must arrange with the railway company for any new crossings required or
for the use of any existing crossings. If the contractor elects to use crossings other than

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those designated, it must make arrangements for the use of such crossings in discussion
with the railway company.

Construction work performed on or near railway RoW must be performed according to these
specifications.

4.9 Construction Over or Adjacent to Navigable Waters


All work over, on, or adjacent to navigable waters must be so conducted that free navigation
of the waterways is not interfered with, and that the existing navigable depths are not
impaired except as allowed by permit.

4.10 Construction Adjacent to Airfields


If work is to take place within 3 km in a straight line from an airfield perimeter (including
airport, aerodrome, both civil and military, used and disused), the contractor must ensure that
the client notifies the relevant organisation (General Directorate of Civil Aviation or Ministry of
Defence) with the relevant information.

4.11 Barricades and Warning Signs


The contractor must provide, erect, and maintain all necessary barricades, suitable and
sufficient lights, danger signals, signs, and other traffic control devices (see ARDM 6), and
must take all necessary precautions for the protection of the work and safety of the public.

4.12 Use of Explosives


When the use of explosives is necessary for the execution of the work, the contractor must
exercise the utmost care not to endanger life or property, including new work. The contractor
must be responsible for all damage resulting from the use of explosives.

A pre-blasting meeting must be scheduled by the engineer with the Ministry of Labour and
Social Affairs. The contractor must attend the pre-blasting meeting. No blasting must be
permitted before the pre-blasting meeting.

Explosives must be stored safely under lock and key. The storage places must be marked
plainly KUJDES RREZIK SHPERTHIMI (“DANGEROUS EXPLOSIVES”). For international
projects the writing must also be in the English language. The storing and handling of
explosives and highly inflammable materials must conform to the regulations of the Ministry
of Labour and Social Affairs and to local regulations relating thereto. Proper means must be
used to avoid blasting damage to public and private property. Flaggers must be provided,

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when necessary, who must warn and keep traffic from the danger area, and all persons
within the danger area must be warned and given time to withdraw.

4.13 Protection and Restoration of Property Markers and Land Monuments


The contractor must be responsible for the preservation of all public and private property
markers and must protect carefully from disturbance or damage, all land monuments and
property markers until the contractor’s land surveyor has referenced their location.
Monuments and markers that have been set by governmental and public agencies, must be
moved as directed once the contractor’s land surveyor has performed all survey work related
to the movement of the aforementioned monuments and markers. If the engineer discovers
any errors in the survey, the cost of checking and correcting these errors must be deducted
from any monies due or that may become due the contractor.

All geodetic control markers such as monuments, disks, and benchmarks within the project
site must be carefully protected and must not be disturbed by construction activity. Where
such markers are located within the project and are in danger of destruction or disturbance,
the contractor must cause its land surveyor to properly and accurately relocate all such
affected markers before disturbing the location of the original markers. The contractor must
certify in writing that all the survey work was performed correctly and this must be confirmed
by the engineer.

4.14 Forest Protection


In carrying out work within or adjacent to national forests or parks, the contractor must
comply with all regulations of the Ministries of Agriculture and Environment, fire wardens or
other authority having jurisdiction, governing the protection of forests and the carrying out of
work within forests, the contractor must observe all sanitary laws and regulations with
respect to the performance of work in forest areas. The contractor must keep the areas in an
orderly condition, dispose of all refuse, obtain permits for the construction and maintenance
of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks,
and other structures according to the requirements of the division or such other authority.

The contractor must take all reasonable precautions to prevent forest fires and must require
its employees and subcontractors, both independently and at the request of forestry officials,
to do all reasonably within their power to prevent and assist in preventing forest fires, and to
make every possible effort to notify a forestry official at the earliest possible moment of the
location and extent of any fire seen by them.

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4.15 Opening Sections of Project to Traffic


Opening sections of the project to traffic before completion may be desirable or may be
necessary due to conditions inherent in the work, changes in the contractor’s work schedule,
or conditions or events unforeseen at the time the project was bid. Such openings must be
made only when so directed by the engineer. Under no condition must such openings
constitute acceptance or a part thereof, or a waiver of any provisions of the contract.

The contract documents indicate, insofar as possible, which sections are to be opened
before completion. The contractor must make no claim for and must have no right to
additional compensation or extension of contract Time for opening sections of the project to
traffic as indicated in the contract documents, or resulting from partial acceptance or changes
in the contractor’s work schedule, or for reasons that are due to the fault of the contractor or
any other party, including utilities.

Additional compensation or extension of contract time for completion of other items of work
on sections of the project opened to traffic for reasons other than those indicated in the
preceding paragraph must be made.

If the contractor is dilatory in completing shoulders, drainage structures, or other features of


the work, the engineer may so notify the contractor in writing and establish therein a
reasonable period of time in which the work is to be completed. If the contractor is dilatory, or
fails to make a reasonable effort toward completion in this period of time, the engineer may
then order all or a portion of the project opened to traffic. On such sections, which are so
ordered to be opened, the contractor must conduct the remainder of its construction
operations so as to cause the least obstruction to traffic, and must make no claim for and
must have no right to additional compensation or extension of contract time.

On sections of the project opened to traffic whether indicated in the contract documents or
not, maintenance of the roadway must be according to these specifications.

4.16 Status of Independent Contractor


The relationship of the contractor to the state is that of an independent contractor, and the
said contractor, according to its status as an independent contractor, covenants and agrees
that it must conduct itself consistent with such status, that it must neither hold itself out as nor
claim to be an officer or employee of the state by reason hereof. The contractor must not, by
reason hereof, make any claim, demand, or application to or for any right or privilege
applicable to an officer or employee of the state, including, but not limited to, workers
compensation coverage, unemployment insurance benefits, social security coverage, or
retirement membership or credit.

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4.17 Third Party Beneficiary Clause


It is specifically agreed between the parties executing the contract that no provision of the
contract is intended to make the public or any member thereof a third party beneficiary
hereunder, or to authorise anyone not a party to the contract to maintain a suit for personal
injuries or property damage pursuant to the terms or provisions of the contract.

No individual, firm, corporation, or any combination thereof, that supplies materials, labour,
services, or equipment to the contractor for the performance of the work must become a third
party beneficiary of the contract. The client and the contractor understand that such
individual, firm, corporation, or combination thereof, has no right to bring an action in the
courts of the Republic of Albania against the state, by virtue of this lack of standing.

4.18 Risks Assumed by the Contractor

4.18.1 Introduction
The contractor assumes the following distinct and several risks, whether they arise from acts
or omissions, whether negligent or not, of:

• The contractor, its sub-contractors, suppliers, material men, employees, agents,


and all others working for the contractor on the project;

• Third persons, including the travelling public;

• Vandalism; or

• Any other risks identified in the contract or Albanian legislation.

Whether such risks are within or beyond the control of the contractor is described below.
Excepted from this assumption of risks are only those risks that arise from solely affirmative
acts done by the state subsequent to the execution of the contract with actual and wilful
intent to cause loss, damage, or injury. The risks are as follows:

• Risks of loss or damage to the permanent construction;

• Risks of claims on account of injury, loss, or damage;

• Risks of loss to property of those performing the work;

• Risks of claims related to the contractor’s health and safety programme.

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4.18.2 Risks of Loss or Damage to the Permanent Construction


Until acceptance, and within the limits of the project’s work, the contractor must bear the risk
of all loss or damage to all permanent construction and temporary construction performed
under this contract and to materials, whether or not it has received payment for such
construction or materials. The contractor must take every precaution, as allowed by the
contract against injury or damage to any part of the construction or to materials by the action
of the elements, the travelling public, vandalism, or from any other cause, whether arising
from the execution or the non-execution of the work. The contractor must promptly repair,
replace, and rectify any such damage or loss without cost to the client. The contractor must
not bear such risk of loss or damage, which arises from acts of war or floods, tidal waves,
earthquakes, cyclones, tornadoes, hurricanes, or other cataclysmic natural phenomenon
unless such loss or damage is covered by insurance.

The contractor must, in furtherance of the above paragraph, but not by way of limitation, at
the contractor’s expense, provide suitable drainage for the project and erect such temporary
structures where necessary to protect the work from damage. contractor must assume the
risks for failure to take such actions.

In case of suspension of the work from any cause whatever, the contractor must continue to
be responsible for the project as provided above and must take such precautions as may be
necessary to prevent damage to the project, provide for drainage, and must erect any
necessary temporary structures, signs, or other facilities. During such period of suspension
of the work, the contractor must properly and continuously maintain in an acceptable growing
condition all living material in newly established plantings, seedings, and soddings furnished
under the contract, and must take adequate precautions to protect new tree growth and other
important vegetative growth against injury. If ordered by the engineer, the contractor must
properly store, during such suspension of the work, materials which have been partially paid
for or furnished by the client. The client must be entitled to the possession of such materials,
and the contractor must promptly return the same to the project site when requested. The
contractor must not dispose of any of the materials so stored except on written authorisation.
The contractor must be responsible for the loss of or damage to such materials.

4.18.3 Risks of Claims on Account of Injury, Loss, or Damage.


The contractor must bear the risk of claims, just or unjust, by third persons made against the
contractor or the state, on account of injuries (including wrongful death), loss, or damage of
any kind whatsoever arising or alleged to arise out of or in connection with the performance
of the work. The risk of claims, whether or not actually caused by or resulting from the
performance of the work or out of or in connection with the contractor’s operations or
presence at or in the vicinity of the construction site or state premises, whether such claims

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are made and whether such injuries, loss, and damages are sustained, applies at any time
both before and after acceptance.

4.18.4 Risk of Damage to Underground or Over ground Utility Infrastructures


The contractor must be responsible for any damage to underground and over ground utility
infrastructures (services) during the construction works. The cost of rectifying any damage
caused by him must be paid by the contractor (regardless whether this is done by him or an
outside contractor appointed by the utility company) and must under no circumstances fall
upon the client or the engineer. The contractor must also be liable for other non-material
losses suffered by the utility operator or those which have been affected by the damaged
utility infrastructure.

It is the duty and obligation of the contractor to undertake all necessary surveys to assure
himself that no underground or over ground services must be damaged. This could include
geophysical, topographic surveys. The results of these surveys must be presented to the
engineer for his information and voluntary comment. This does not relieve the contractor of
his final responsibility not to damage any utility infrastructure.

4.18.5 Risks of Loss to Property of Those Performing the Work


The contractor must bear the risk of loss or damage to any property of the contractor, and of
claims made against the contractor or the state for loss or damage to any property of
subcontractors, material men, workers, and others performing the work, and to lessors. The
said risk occurs at any time before completion of removal of such property from the
construction site or the vicinity thereof.

4.18.6 Risks of Claims Related to the Contractor’s Health and Safety Programme
The contractor must bear the risk of any action from or alleged to arise from the contractor’s
health and safety programme.

The contractor must indemnify the state from any and all claims or alleged claims described
above, and for all expense incurred by the state in the defence, including legal and related
costs, settlement, or satisfaction thereof. If so directed, the contractor must at its own
expense defend against such claims, in which event it must not, without obtaining express
advance permission from the state, raise any defence involving in any way jurisdiction of the
tribunal, immunity of the state, governmental nature of the state, or the provisions of any
statutes respecting suits against the state.

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The provisions of this subsection are also for the benefit of all officers, agents, and
employees of the state so that they have all the rights which they would have under this
subsection if they were named at each place above at which the state is named. This
includes a direct right of action against the contractor to enforce the foregoing indemnity
except, however, that the state may at any time in its sole discretion and without liability on
its part cancel the benefit conferred on any of them by this subsection, whether or not the
occasion for invoking such benefit has already arisen at the time of such cancellation.

Neither acceptance nor the making of final payment releases the contractor from its
obligations under this subsection. Moreover, neither the enumeration in this subsection nor
the enumeration elsewhere in this contract of particular risks assumed by the contractor or of
particular claims for which it is responsible must be deemed:

• To limit the effect of the provisions of this subsection or of any other provision of
the contract relating to such risks or claims; or

• To imply that the contractor assumes or is responsible for risks or claims only of
the type enumerated in this subsection or in any contract; or

• To limit the risks that the contractor would assume or the claims for which the
contractor would be responsible in the absence of such enumerations.

The contractor expressly understands and agrees that any insurance protection required by
the contract, or otherwise provided by the contractor, in no way limits the contractor’s
responsibility to defend, indemnify, and save harmless the state as herein provided. Such
insurance requirements are designed to provide greater assurance to the state that the
contractor is financially able to discharge its obligations under this subsection and as to the
risks assumed elsewhere in the contract, and are not in any way construed as a limitation on
the nature and extent of such obligations.

4.19 Insurance
The contractor must procure and maintain, until acceptance and at all times thereafter when
the contractor may be correcting, removing, or replacing defective work or completing
plantings, insurance for liability for damages imposed by law and assumed under the
contract, of the kinds and in the amounts hereinafter provided, with insurance companies
authorised to do business in the state.

Before commencing the work, the contractor must furnish to the client a certificate or
certificates of insurance together with declaration pages, in a form satisfactory to the client,
showing that the contractor has complied with this subsection. Insurance binders are not
acceptable as a form of insurance certificate. All of the policies of insurance required to be

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purchased and maintained and the certificates, declaration pages, or other evidence thereof
must contain a provision or endorsement that the coverage afforded is not to be cancelled,
materially changed, or renewal refused until at least 30 days’ prior written notice has been
given to the engineer by certified mail. All certificates, notices, or declaration pages must be
submitted to the General Roads Directorate (GRD). Upon request, the contractor must
furnish the client with a certified copy of each policy itself, including the provisions
establishing premiums.

For international projects, the funding agency must also be included as the named insured
on the comprehensive general liability and owner’s protective insurance policies. These must
be in compliance with the conditions of contract but typically need to include:

• Comprehensive general liability insurance.

• Comprehensive vehicle liability insurance.

• Owner’s and contractor’s protective liability insurance.

• workers compensation and employer’s liability insurance.

• Marine liability insurance.

• Railway insurance.

• Pollution liability insurance.

4.20 Environmental Protection


The contractor must comply with all applicable state legislation and regulations, and all
conditions of permits controlling pollution of the environment. Necessary precautions must be
taken to prevent pollution of land, streams, lakes, ponds, wetlands, groundwater, and
reservoirs both within and beyond project limits with any pollutants or contaminates and to
prevent pollution of the atmosphere from particulate and gaseous matter. The contractor
must strictly follow the recommendations of the environmental management plan prepared
by the environmental expert as part of the design and the World Bank’s publication “Roads
and the Environment: A Handbook”, which can be downloaded for free from the World Bank
website.

All modifications to permits that are proposed by the contractor must be submitted to the
client for approval before submitting them to the regulatory agencies having jurisdiction and
interest. After receiving the engineer’s and client’s approval, the contractor must request that
the client obtains all other necessary approvals from the appropriate regulatory agencies. If
the requests for modifications to permits are not approved by the client or the regulatory
agency, then the contractor must build the project according to the original approval. Any
time required to obtain the approvals must not warrant extensions of contract time. The

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contractor must perform the work in compliance with the terms and conditions of all permits
procured for the project. If the contractor is not in compliance with permit provisions,
corrective actions must be taken immediately. The engineer may suspend the work, wholly or
in part, until such time as the contractor is fully in compliance with all permits. All corrective
and remedial work required to bring the contractor into compliance must be performed at no
cost to the state.

The contractor must pay all fees and violation charges that arise out of or are alleged to arise
out of its non-compliance or the non-compliance of its agents, employees, and
subcontractors with permit requirements. In its sole discretion, the client may determine to
hold the contractor responsible for all engineering, inspection, and administration costs
(including overhead) incurred as a result of its non-compliance. If it so determines, the client
must deduct the amount of such costs from payment due.

The contractor must provide to the engineer, whenever requested, all documentation
pertaining to the noncompliance and related corrective actions taken.

The contractor must also comply with the following:

1. Control of Soil Erosion and Water Pollution. The contractor must employ and
maintain soil erosion and sediment control measures during the life of the project to
control erosion and minimise the sedimentation of rivers, streams, lakes, reservoirs,
wetlands, floodplains, bays, and coastal waters, as well as prevent contamination of
land and water, both within and beyond the project limits.

2. Control of Noise and Air Pollution. The contractor must employ all possible
methods to minimise noise and dust pollution caused by drilling, blasting,
excavation, and transporting operations. These must include, but must not
necessarily be limited to, use of dust collection devices or water injectors on drilling
units.

All construction equipment powered by an internal combustion engine must be


equipped with a properly maintained muffler. Air-powered equipment must be fitted
with pneumatic exhaust silencers. Air compressors must meet Albanian noise
emission standards.

Stationary equipment powered by an internal combustion engine must not be


operated within 45 m of noise sensitive sites without portable noise barriers placed
between the equipment and the noise sensitive sites. Noise sensitive sites include
residential buildings, hotels, schools, churches, hospitals, nursing homes, libraries,
and public recreation areas. Portable noise barriers must be constructed of plywood

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or tongue and groove boards with a noise absorbent treatment on the interior
surface (facing the equipment).

All methods and devices employed to minimise noise and dust pollution are subject
to the daily approval of the engineer.

3. Historic Places. The contractor must not be permitted to use as a disposal site or
obtain borrow excavation from locations eligible for or listed on the state registers of
historic places.

4. Disposal Sites Beyond Project Limits. Material must not be disposed of beyond
the project limits until the engineer has approved the location of the disposal site
and received a copy of the soil and sediment control plan.

5. Borrow Pits. Material must not be excavated from a borrow pit beyond the project’s
limits until the engineer has received a copy of the soil and sediment control plan.

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5 Control of work

5.1 Introduction
This section outlines the requirements placed upon the contractor insofar as they are not
explicitly covered in the general conditions of contract. In many cases they go beyond what
the Albanian legislation requires of the contractor, nevertheless the contractor must keep to
these set standards and not fall short of them.

5.2 Authority of the Engineer


The engineer must settle all questions that may arise as to the quality and acceptability of the
work and as to the rate of progress of the work, all questions that may arise as to the
interpretation of the contract documents, all questions as to the acceptable fulfilment of the
contract on the part of the contractor, and all questions as to compensation. All questions as
to the interpretation of the contract documents must be submitted to the engineer in writing.

The engineer has the authority to suspend the work wholly or in part and to suspend partial
payments due to the failure of the contractor to correct conditions unsafe for the workers or
the general public, for failure to carry out provisions of the contract, or for failure to carry out
orders. The engineer may also suspend the work wholly or in part for such periods as
deemed necessary due to unsuitable weather, for conditions considered unsuitable for the
prosecution of the work, or for any other condition or reason deemed to be in the public
interest.

5.3 Communications
All formal communication must be in writing. The conractor must prepare draft minutes of
meeting for all meetings involving other parties to the contract and third parties. These draft
minutes must be submitted to all participants of the meeting in an editable format for review
and comments. If after two weeks no comments have been received the minutes must be
automatically approved. If any party wishes to make a comment, this must be communicated
to the contractor, who must then issue a second draft minute. The above procedure must
continue until no further comments are received.

Unless otherwise directed, the contractor must send all communications with the client also
to the engineer. Where communications are directed to persons other than the engineer, a
clear copy must be sent to the engineer.

The language of all correspondence must be in Albanian for national projects and English for
international projects.

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Emails are accepted as a valid means of written communication providing that confirmation
of receipt is attached.

5.4 Plans and Specifications


The plans consist of general drawings and show such details as are necessary to give a
comprehensive idea of the construction contemplated. The plans show details of all
structures, lines, grades, typical cross-sections of the roadway, location and design of all
structures, and a summary of items appearing on the proposal form. The contractor must
keep one set of plans available on the project site at all times. All alterations affecting the
requirements and information given on the plans must be authorised in writing.

Omissions from the plans or specifications of details of work which are manifestly necessary
to carry out the intent of the contract documents, or which are customarily included, must not
relieve the contractor from including such omitted details of work, but they must be included
as if fully and correctly set forth and described.

Plans and specifications as well as supplementary specifications, special provisions, and


addenda must be supplied to the contractor without charge.

5.5 Working Drawings


All working drawings must contain as a minimum the following information:

• Route and section or contract number;

• Name of bridge/structure (on structural drawings only);

• Municipality and region;

• Contractor’s name;

• Manufacturer’s name (if applicable);

• Title of drawing;

• Sheet number.

Each A1 size working drawing requiring approval of final design must contain three blank
blocks placed directly above the title block. One block, designated for design unit
recommendation for approval, must be used for the signature and stamped marking
PARAQITUR PER MIRATIM (“SUBMITTED FOR APPROVAL”) by the contractor or external
designer. The engineer must review and stamp the second block designated for the
engineer’s approval with either PER RISHIKIM DHE RIPARAQITJE (“REVISE AND

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RESUBMIT”), MIRATOHET ME SHENIME (“APPROVED AS NOTED”) or just MIRATOHET


(“APPROVED”) by the engineer. The third block is designated for the contractor’s stamp
marking PRANOHET (“ACCEPTED”) by the contractor”.Only on international projects must
these stamps must be in the English language.

All calculations required for the working drawings must be submitted on A4 paper. The
calculation submission must include a cover sheet, which must also contain a block for an
embossed Albanian professional engineer’s seal.

Each working drawing must contain a revision block, which must be located to the left and
adjacent to the title block. working drawings or calculations submitted on A4 sheets must be
accompanied by a cover sheet, which must contain the above blocks; the blocks must not be
included on the other A4 working drawing/calculation sheets in the submission. The specific
format and direction for submission of working drawings must be supplied after award.

Clear and legible A1 prints must be submitted as working drawings for the following:

• Pre-cast concrete culverts;

• Site specific items not covered by contract documents;

• Structural steel;

• Bearings;

• Machinery for movable bridges;

• Pre-stressed concrete beams and piles;

• Permanent steel bridge deck forms;

• Expansion dams/strip seals;

• Armoured deck joints;

• Bridge storm drains;

• Sign support structures;

• Breakaway and non-breakaway tubular sign support posts;

• Prefabricated modular walls;

• Mechanical stabilised earth (MSE) walls;

• Alternate retaining wall designs;

• Concrete crib walls;

• Noise barriers;

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• Cofferdams;

• Sheeting left in place;

• Electrical items for movable bridges;

• Bridge railings and fencing anchorages.

Working drawings and the cover sheet for the following must be on A4 or A1 size medium of
any type so as to produce clear and legible prints or facsimile copies:

• Sign legends;

• Electrical items not pre-approved;

• Impact attenuators;

• Temporary shielding;

• Cofferdams with temporary sheeting;

• Temporary structures;

• Temporary sheeting;

• Recycled/Synthetic routed spacers.

Material specification designations must be noted on the working drawings.

All costs for providing the working drawings must be included in the prices bid for the various
pay items scheduled in the proposal.

5.6 Conformity with Contract Documents


All work performed must be in conformity with the lines, grades, cross-sections, dimensions,
and material requirements, including tolerances shown in the contract documents. The
purpose of tolerances is to accommodate occasional minor variations from the middle portion
of the tolerance range that are unavoidable for practical reasons. When a maximum or
minimum value is specified, the production and processing of the material and the
performance of the work must be so controlled that the work must not be preponderantly of
borderline quality or dimension. Although measurement, sampling, and testing may be
considered evidence of conformity, the engineer must determine whether the work deviates
from the contract documents.

In the event the engineer finds the work not in conformity with the contract documents but
that reasonably acceptable work has been produced, the engineer must determine if the
work is to be accepted and remain in place. In this event, the engineer must document the

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basis of the acceptability of the work and provide for an appropriate adjustment in the
contract price for such work as deemed necessary. If an appropriate adjustment cannot be
negotiated, the work must be removed and replaced or otherwise corrected at no cost to the
state.

In the event the engineer finds the work not in conformity with the contract documents,
including tolerances resulting in an inferior or unsatisfactory product, the work must be
removed and replaced or otherwise corrected at no cost to the state.

Neither the observations of the engineer in the administration of the contract, nor inspections,
tests, or approvals by persons other than the contractor relieves the contractor from its
obligation to perform the work according to the contract documents.

5.7 Special Inspection, Testing, or Approval


Whenever the engineer considers it necessary or advisable to ensure the proper
implementation of the contract documents, the engineer has authority to require special
inspection or testing of the work in addition to that required elsewhere in the contract
documents, whether or not such work be then fabricated, installed, or completed. However,
neither the engineer’s authority to act under this subsection, nor any decision made by the
engineer either to exercise or not to exercise such authority, creates a duty or responsibility
of the engineer to the contractor, any subcontractor, or any of their agents or employees
performing any of the work.

If after commencement of the work the engineer determines that any work requires special
inspection, testing, or approval not provided for elsewhere in the contract documents, the
engineer must perform such inspection, testing, or approval using client facilities, by
contracting with others for such services, or by instructing the contractor by field order to
order special inspection, testing, or approval. If such special inspection or testing reveals a
failure of the work to comply with the requirements of the contract documents or, with respect
to the performance of the work, with laws, ordinances, rules, regulations, or orders of any
public authority having jurisdiction, the contractor must bear all costs thereof, including the
engineer’s additional services made necessary by such failure. If tests reveal no such failure,
the client must bear such costs, and a supplementary agreement must be negotiated.

5.8 Coordination of Contract Documents


The contract documents are essential parts of the contract, and a requirement occurring in
one is as binding as though occurring in all. They are intended to be complementary and to
describe and provide for a functionally complete project.

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In case of discrepancy, calculated dimensions must govern over scaled dimensions; plans
must govern over specifications; right-of-way plans must govern over plans when setting
monuments; special provisions must govern over supplementary specifications; and
supplementary specifications must govern over standard specifications.

As the work progresses, it is anticipated that the contractor must frequently request
information from the engineer relative to the interpretation and coordination of the contract
documents. Such applications must be in writing. Should it appear that the work to be done
or any of the matters relative thereto are not sufficiently detailed or explained in the contract
documents, the contractor must request from the engineer such further explanations as may
be necessary and must conform to them as part of the contract.

Both parties realise that in performing the work, field conditions may require modifications in
the plans and quantities of work involved. All work must be carried out to meet these field
conditions to the satisfaction of the engineer and according to its directions, ARDACS and
the contract documents.

The contractor must not take advantage of any apparent error or omission in the contract
documents. In the event the contractor discovers any discrepancy, error, or omission in the
plans, specifications, or other contract documents, or if there is any doubt or question as to
the intent or meaning of the plans, specifications, or other contract documents, the contractor
must immediately notify the engineer in writing. The engineer must promptly make, in writing,
such corrections and interpretations as deemed necessary.

5.9 Cooperation by Contractor


The contractor must give the work the constant attention necessary to facilitate the progress
thereof, and must cooperate with the engineer, the client’s inspectors, and other contractors
in every way possible.

When the contractor is comprised of two or more persons, firms, partnerships, or


corporations functioning on a joint venture basis, said contractor must designate in writing,
before starting work, the name of one individual who must have the authority to represent
and act for the joint venture.

For national projects the contractor must designate in writing before starting work, a
competent, Albanian-speaking superintendent capable of reading and thoroughly
understanding the contract documents, and thoroughly experienced in the type of
construction being performed.

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For international projects the contractor must designate in writing before starting work, a
competent, superintendent, speaking both Albanian and English, capable of reading and
thoroughly understanding the contract documents, and thoroughly experienced in the type of
construction being performed.

The superintendent must have the authority to represent and act for the contractor. An
alternate to the superintendent, with equal authority and qualifications, may also be
designated.

The superintendent or the alternate must be present at the site of the project at all times
while work is actually in progress on the contract irrespective of the amount of work
subcontracted. The superintendent or the alternate must have full authority to execute orders
or direction from the engineer, without delay, and to promptly supply such materials,
equipment, tools, labour, and incidentals as may be required. When work is not in progress
and during periods when work is suspended, arrangements acceptable to the engineer must
be made for any emergency work that may be required.

Whenever the superintendent or the alternate is not present on the site or at the location of
any particular part of the work where it may be desired to give direction, the engineer may
suspend all of the work or the particular work in reference until the superintendent or the
alternate is present. Such suspension must not be the basis of any claim against the state.

5.10 Cooperation with Utilities


Within the site of the project there may be public utility structures, and notwithstanding any
other clause or clauses of the contract, the contractor must not proceed with its work until it
has made inquiry at the offices of the engineer, the utility owners and municipal authorities,
or other owners to determine their exact location. The contractor must notify, in writing, the
utility owners and municipalities or other owners involved of the nature and scope of the
project, and of its operations that may affect their facilities or property. Two copies of such
notices must be sent to the engineer. The contractor must also comply with Albanian
legislation regarding protection of overground and underground utilities and infrastructure.

The contractor must also comply with the Albanian state’s regulations with regards to
working near high voltage power lines (both over and under ground), concerning safety
precautions to be taken in the proximity of certain electric conductors installed above ground.
In addition, the contractor’s construction operations must be according to all rules and
regulations promulgated by the Albanian state. The contractor must follow all applicable rules
and regulations issued thereunder. The MoPWTT and Ministry of Health must be contacted
for the latest rules, regulations, and guidance. The contractor’s construction operations are
within the proximity of the regulations sited above, the contractor must notify the state labour

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inspectorate describing the project and the construction operations proposed by the
contractor to determine compliance. The contractor must provide the engineer with copies of
all correspondence and meetings with the state labour inspectorate and that the proposed
methods of construction are in fact in compliance with the regulations. Should the contractor
change the previously approved method of construction operations, the contractor must be
responsible for notifying the state labour inspectorate and again obtaining their approval.

The contractor must make a written request to the engineer twenty working days in advance
of the notice called for in the utility schedules to notify utility owners to proceed with each
utility item. The contractor must guarantee the site availability for utility operations. The
engineer must notify the utility owners to proceed if in the engineer’s opinion the site must be
available for a particular item of utility work.

Utility items constructed or installed by the contractor for a utility owner must meet the
owner’s specifications. The owner must be given the opportunity to inspect the actual
material to be installed as well as the installation. The contractor must notify the utility owner
ten days in advance of the beginning of construction of the utility items.

Electrical installations of the client constructed either before or as part of the contract must
be considered a utility, and all provisions of this subsection must be applicable. Plans
showing the locations of such electrical facilities, particularly those underground, are on file
with the client and should be examined by the contractor before performing any work, which
would endanger these facilities.

The contractor must protect, support, and secure all in-place utility facilities so as to avoid
damage to them and their interruption of service. The contractor must satisfactorily maintain
the flow in drains and sewers at all times. The contractor must not move utility facilities
without the owner’s written consent, and the facilities must be as safe and permanent at
completion as they were before the contractor’s involvement. In the event the contractor
damages a utility facility, the contractor must notify the owner immediately and the owner
may require the damage to be repaired at the contractor’s expense. The contractor must pay
for the repair of utility facilities damaged by the contractor within 30 days of the completed
repair or the client may retain sufficient monies due or about to be due the contractor to
reimburse the owner for the repair of its facility. The contractor must be responsible to repair
house services damaged by the contractor’s operation and must have the repair performed
by competent mechanics.

The contractor must permit the utility owners or their agents access to their facilities at all
times and must cooperate with them in performing their work.

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The contractor must be aware that where joint use poles or duct banks are used the time
frames for work performed by each user are cumulative.

Should the contractor, solely for its own convenience, cause the utility company to incur
costs not covered by the utility agreement, or delay the utility company, or incur costs without
prior written approval of the engineer, the contractor must be responsible for these costs and
delays. The state must reimburse the utility owner for the contractor generated costs and
deduct these expenses from partial or final payment due the contractor.

The contractor must cooperate with the utility owners concerned and must notify them,
through the engineer, not less than ten days in advance of the time it proposes to perform
any work that may endanger or affect their facilities. The contractor assumes the obligation of
coordinating its activities with those of the utilities.

For the purpose of establishing the exact location of subsurface utilities, the engineer may
direct the excavation of test pits. Failure of the engineer to direct the digging of test pits does
not relieve the contractor of its responsibilities regarding the protection and preservation of
utilities.

It is understood and agreed that the contractor has considered in its bid all of the permanent
and temporary utility facilities in their present or relocated positions as may be shown on
olans, as described in specifications and as revealed by its site investigation; is aware that
utility company service demands, adverse field conditions and emergencies may affect the
owner’s ability to comply with the proposed schedules for utility work; and is aware of the
limited ability of the state to control the actions of the utilities, including the actions of
railways, and has made allowances in its bid that no further compensation or extensions of
contract Time must be granted for delays, inconvenience or damage sustained by the
contractor due to any interference from utility facilities or the operation of moving them.

In addition to the foregoing provisions, the following specific provisions relate to railways
only:

1. Railway Traffic and Property. Where the project includes work across, over, under,
or adjacent to railway tracks or railway RoW, the contractor must safeguard the
traffic, tracks, and appurtenances, and other property of the railway that may be
affected by its work. The contractor must obtain the railway’s approval of the method
of construction and timing of the work. The contractor must comply with the
regulations of the railway relating to the work, must keep tracks clear of obstructions,
and must provide barricades, warning signs, lights, or other safety devices as
required by the railway.

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All work done within the railway RoW is subject to the approval of the railway
company in matters affecting operations, railway property, safety and train operation.
The safety and continuity of railway operation must be the first priority when working
in proximity to the railway. The contractor and subcontractors must protect and
safeguard railway interests at all times and arrange their work to avoid interruption of
train movements and damage to facilities of the railway. Railway approval does not
release the contractor from responsibility or liability for any damage that the railway
may suffer, or for which the contractor may be held liable, by the acts of the
contractor or those of its subcontractors or employees.

The contractor must develop a schedule with the railway for its work within the railway
RoW and submit a copy of the schedule to the engineer.

The contractor must give written notice to the railway and the engineer not less than
14 days in advance of when it or its subcontractors must start work within the railway
RoW, or other work that may affect railway property, in order that necessary
arrangements may be promptly made to protect railway property. In the event the
contractor does not start work on the scheduled date, through no fault of the railway,
and the railway incurs costs resulting from the contractor’s request for the railway
services, the state must reimburse the railway, and these costs must be deducted
from partial or final payments to be made to the contractor. If the contractor does not
submit to the engineer a copy of the notice to the railway and the contractor performs
the work within the railway RoW for which the railway incurs costs, the state must
reimburse the railway and these costs must be deducted from partial or final
payments to be made to the contractor.

Fouling of railway facilities track, power lines, and signal systems occur when the
railway parameters for normal operation are jeopardised because of obstructions in
close proximity to the facilities. The contractor must obtain from the railway its fouling
parameters for the work site and observe the railway’s regulations concerning fouling.
Construction equipment or material must not be stored or operated within the fouling
distance of the railway facilities without written permission of the operating railway.

Equipment used on and adjacent to the railway RoW must be in first class condition
so as to fully prevent any failure that might cause delay in the operation of trains or
damage to railway facilities. contractor equipment is subject to railway inspection at
all times and must not stand or be put in operation adjacent to the track without first
obtaining permission from the railway.

The railway company may assign inspectors or engineers during the time the
contractor is engaged in work on railway property for the general supervision of

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construction operations, to ensure adherence to the contract documents and


applicable railway requirements, and to ensure the use of approved construction
methods. The salary and expense of said inspectors or engineers and the cost of any
other engineering services furnished by the railway must be paid directly to the
railway by the Ministry of Public Works, Transportation and Telecommunications. The
MoPWTT must also reimburse the railway for project related costs to be incurred by
the railway.

Should the contractor, solely for its own convenience, cause the railway to incur costs
not covered by the railway agreement, or delay the railway, or incur costs without
prior written approval of the engineer, the contractor must be responsible for these
costs and delays. The state must reimburse the railway for the contractor generated
costs and deduct these expenses from partial or final payment due the contractor.

2. Railway Insurance. The applicable insurance provisions are as described in these


specifications.

5.11 Cooperation between Contractors


The client reserves the right at any time to contract for and perform other or additional work
on or near the project site.

When separate contracts are let within the limits of the project, or in areas adjacent thereto,
the contractor must conduct its work so as not to interfere with or hinder the progress or
completion of the work being performed by other contractors. Moreover, the contractor
assumes the positive obligation of cooperating with such other contractors and coordinating
its activities with theirs. If there is a difference of opinion as to the respective rights of the
contractor and others doing work within the limits of or adjacent to the project, the engineer
must decide as to the respective rights of the various parties involved in order to secure the
completion of the state’s work in general harmony and in a satisfactory manner. The decision
of the engineer is final and binding and is not cause for claims by the contractor for additional
compensation.

The contractor must assume all liability, financial or otherwise, in connection with its contract,
and hereby waives any and all claims against the client for additional compensation that may
arise because of inconvenience, delay, or loss experienced by it because of the presence
and operations of other contractors working within the limits of or adjacent to the project.

The contractor must arrange its work and must place and dispose of the materials being
used so as not to interfere with the operation of the other contractors within the limits of the

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project or adjacent thereto. The contractor must join its work with that of the others in an
acceptable manner and must perform it in proper sequence to that of the others.

The contractor is not responsible for damage to work performed on the contract or on other
contracts within or adjacent to the site of the project that may be caused by or on account of
the work of other contractors. The contractor is responsible for any damage done or caused
by its work or forces to the work performed by other contractors within or adjacent to the site
of the project, and the contractor must repair or rectify any such damage in a manner
satisfactory to the engineer and at no cost to the state.

The provisions of this subsection also apply to utilities and their contractors working on the
project site or adjacent thereto.

5.12 Inspection of Work


Each part or detail of the work is subject to inspection by the engineer. The engineer must be
allowed access to all parts of the work and must be furnished with such information and
assistance by the contractor as is required to make a complete and detailed inspection.
When the engineer is in or about the site of the work in the course of its employment, the
engineer is deemed conclusively to be an invitee of the contractor. If the contractor is not the
owner of the place where fabrication, preparation, or manufacture is in progress, the owner
thereof must be deemed to be the agent of the contractor with respect to the obligation
assumed hereunder. The contractor or its agent must be responsible for the payment of
claims for injuries to the engineer due to negligence on the part of the said contractor or its
agent.

At the direction of the engineer, the contractor, at any time before acceptance, must remove
or uncover specified portions of the finished work that the engineer had previously inspected.
After examination, the contractor must restore said portions of the work to the standard
required by the contract documents. Should the work so exposed or examined prove
acceptable, the uncovering, or removing, and the replacing of the covering, or rectifying of
the parts removed, must be paid for as extra work; however, should the work so exposed or
examined prove unacceptable, the uncovering, or removing, and the replacing of the
covering, or rectifying of the parts removed, must be at no cost to the state.

The engineer may order any work done without the engineer’s inspection to be removed and
replaced at the contractor’s expense. Payment for the work must be made and the
uncovering, or removing, and the replacing of the covering, or rectifying of the parts
removed, of the uninspected work must be paid for as extra work only if all of the following
conditions are met:

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• The work removed, uncovered, and/or replaced proves to have been acceptable
according to the contract documents; and

• The contractor gave reasonable notice in writing to the client that the uninspected
work was to be performed; and

• The contractor, in performing the uninspected work, did not do so in the face of a
directive from the client that such work not be performed.

Projects financed in whole or in part with Albanian funds are subject to inspection at all times
by the GRD, or such other state agencies or institutions as may be required. This may
include but not limited to Ministry of Health, Environment, and Agriculture.

When any unit of government or political subdivision or any railway is to pay a portion of cost
of the work covered by the contract, its respective representatives must have the right to
inspect the work. Such inspection does not make any such inspector a party to the contract
and must in no way interfere with the rights of either party hereunder.

The contractor is responsible for carrying out the provisions of the contract at all times and
for control of the quality of the work regardless of whether an authorised inspector is present
or not. This obligation to perform the work according to the contract documents is not
relieved by the observations of the engineer in the administration of the contract, nor by
inspections, tests, or approvals by others. work not meeting the contract requirements must
be rectified, and unsuitable work may be rejected, notwithstanding that such work had been
previously inspected and approved by the client or that payment therefore has been included
in a monthly estimate certificate.

5.13 Field Office


The contractor must provide and maintain in good condition one or more construction and
survey field offices for the exclusive use of the engineer at a location or locations approved
by the engineer. The field office or offices must be ready for use not later than ten days after
the date of signing the contract and before construction operations begin. The field office or
offices must be maintained until no longer required by the engineer and then removed. It is
estimated that the field office or offices is/are required for three months after completion. Any
building scheduled to be demolished under the contract must not be used as a field office.

The types of field office are as follows:

• Construction field office;

• Survey field office.

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5.13.1 Construction Field Offices


Type A. A field office of Type A must be of weatherproof construction located on or in the
immediate vicinity of the project, having a floor area of not less than 50 m2 and a ceiling
height of not less than 2.3 m, and having partitions and doors providing three communicating
rooms, one with a floor area of not less than 22 m2 and two with a floor area of not less than
14 m2 each.

The field office must be provided with sufficient natural and artificial light and must be
adequately insulated, heated, and air-conditioned to ensure at least a minimum temperature
of 18ºC and maximum 28ºC. Doors and windows must be equipped with adequate locks, and
all keys must be in the possession of the engineer.

The field office must be equipped with a diesel electricity generator or sufficient batteries to
withstand power cuts and must support all the office’s power requirements outlined here.

The field office must have one or more clothes closets of ample size for maximum office
requirements, and all stairs must have safety rails installed.

Sanitary conveniences suitable for use by male and female employees of the client and
conforming to the requirements of these specifications must be provided in the field office or
offices and must be stocked with lavatory and sanitary supplies at all times during the life of
the contract. They must be continuously cleaned and maintained to meet the highest hygiene
standards.

Adequate free parking must be provided and maintained for the field office.

The office must be equipped with the following for the exclusive use of the engineer,
however, the contractor must not be responsible for the replacement of equipment that is lost
or damaged due to misuse:

• One or more fixed line and mobile telephones and answering machines, installed
as directed;

• One high speed internet line;

• Two desks with swivel chairs with casters for each room;

• Drafting table with high swivel stool with casters and sufficient drawers for A1
plans, either attached to the table or in cabinet form, for each room;

• Tables and chairs for the use of 16 personnel;

• One supply cabinet;

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• Two plan racks;

• Four fire-resistant, four-drawer, legal-size file cabinets with lock and two keys
meeting fire underwriters’ approval for not less than a one-hour test;

• One Class ABC fire extinguisher, or one Class A and one Class B fire
extinguisher, meeting fire underwriters’ approval;

• Water cooler with bottled water having both hot and cold water dispensers;

• One electronic calculator, ten-key, with trigonometric function capability and


printout tape;

• One compact copying machine, plain paper, with A4 and A3 size capacity in at
least black and white with automatic feeder function;

• One plain paper fax machine with a unique telephone line, built-in telephone,
auto-dial, re-dial, and auto-receive features;

• One digital still camera with the following minimum requirements:

o Rechargeable batteries with one spare set;


o 3,000,000 pixels;
o 3 x digital zoom;
o Film function;
o 256 MB memory card;
o LCD display;
o Minimum and maximum temperature to be defined by site conditions;
o Necessary driver software.

Equipment, manuals, guarantees and driver must be kept at a well defined place.

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• First-aid box, which must be restocked as necessary, containing the supplies


listed in the following table (see overleaf):

Quantity Size Item


32 20 by 75 mm Brand sheer bandages
20 25 by 75 mm Brand fabric bandages
4 Medium Non-stick pads
2 50 mm Soft-gauze bandages
2 — Oval eye pads
1 1300 mm Triangular bandage
1 13 by 4500 mm Hypo-allergenic first-aid tape
10 — Antiseptic wipes
1 3.5 g Burn cream, foil pack
1 250 g First-aid cream
1 100 caplets Tylenol Extra-Strength caplets
1 — Scissors
1 — Tweezer
1 — First-aid guide
1 15 ml Ophthalmic irrigation solution
1 — Contents cards
10 — Disposable gloves
10 0.33 ml Ammonia inhalants
1 350 ml Sterile water
1 350 ml Sterile hydrogen peroxide

• Office paper shredder for A4 paper;

• At least two modern computers with following minimum requirements:

o Processor with 1.6 GHz, 800 MHz FSB, 1 Mb cache, Windows (or
equivalent) operating system, 2GB memory, 80GB hard drive, dual layer
DVD rewriter, graphics card 950, 6 USB connections, 17" widescreen
monitor.

Manuals and guarantees and drivers must be kept together with the computer in a
well defined place.

The computer must be supplied with the following software (or equivalent) and be
capable of reading and editing all files supplied by the client and other parties and
capable of ensuring that the documents that are created by the contractor can be

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opened and if necessary edited by all other parties. The following is a list of
minimum software requirements:

o Microsoft Office (including Word, Excel, Powerpoint);

o Internet browser;

o Acrobat Reader;

o AutoCAD file viewer;

o Project management software (such as MS Project or Primavera);

o Updateable anti-virus software.

o Picture manager.

At least one computer must be equipped with technical drawing software (such as
AutoCAD or similar);

• Uninterruptible power supply (UPS);

• Surge protector for the entire computer workstation to be used in conjunction with
the UPS;

• A scanner capable of scanning A4 and A3 size documents;

• A laser printer capable of printing A4 pages in colour and black and white, and
compatible with the computers to be used. The printer must be connected to at
least one computer. Driver software and manuals should be kept at a well defined
place;

• A plotter capable of printing A1 documents both in colour and black and white.

Type B. A field office of Type B must conform to the requirements for Type A except that it
must have a floor area of not less than 42 m2 and must be divided into two communicating
rooms, one with a floor area of not less than 28 m2 and one with a floor area of not less than
14 m2, and equipped with tables and chairs for the use of 12 personnel.

Type C. A field office of Type C must conform to the requirements for Type A except that it
must consist of one room having a floor area of not less than 28 m2 and be equipped with
tables and chairs for the use of eight personnel.

Type D. A field office of Type D must conform to the requirements for Type A except that it
must have a floor area of not less than 70 m2 and must be divided into four communicating
rooms, one with a floor area of not less than 28 m2 and three with a floor area of not less than
14 m2 each, and equipped with tables and chairs for the use of 20 personnel.

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Type E. A field office of Type E must conform to the requirements for Type A except that it
must have a floor area of not less than 84 m2and must be divided into four communicating
rooms, two with a floor area of not less than 28 m2 each and two with a floor area of not less
than 14 m2 each, and equipped with tables and chairs for the use of 24 personnel.

Type F. A field office of Type F must conform to the requirements for Type A except that it
must have a floor area of not less than 98 m2 and must be divided into five communicating
rooms, two with a floor area of not less than 28 m2 each and three with a floor area of not
less than 14 m2 each, and equipped with tables and chairs for the use of 28 personnel, four
additional fire resistant file cabinets as for offices of Type A, and two additional calculators as
as for offices of Type A.

Which type of office is used must be decided by the client as part of the tendering process.

5.13.2 Survey Field Offices


Type S. A field office of Type S must conform to the requirements specified above for Type A
except that it must consist of one room having a floor area of not less than 14 m2 and must
be equipped with tables and chairs for the use of four personnel, one plan rack, and one fire-
resistant, four-drawer, legal-size file cabinet with lock and two keys meeting fire underwriters’
approval for not less than a one-hour test.

Type T. A field office of Type T must conform to the requirements for Type S except that it
must have a floor area of not less than 28 m2 and must be equipped with tables and chairs
for the use of eight personnel.

Instead of the field office or offices specified above, the contractor may provide equivalent
office space, equipment, and facilities subject to approval of the engineer.

Setting up the field office or offices must consist of furnishing the office complete with
furniture, bookcases, equipment, electricity, water, heating, air-conditioning, installation and
activation of telephone lines, telephone sets (touch tone and mobile), pager units, sanitary
facilities, and lavatory supplies.

Maintenance of the construction and survey field office or offices, for the time required, must
consist of maintaining the furniture, equipment, and utilities, which include the cost of
telephone fixed monthly service charges, mobile phone fixed monthly service charges for the
plan specified and pager service, providing lavatory supplies, janitorial and waste disposal
services weekly, restocking of the first aid box, snow removal services, and one carton of
legal and letter sized paper every three months, and one carton of A3 size paper for the
duration of the project for the copier and fax machine. Maintenance of the field office must

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also include the monthly rent. The fax machine, telephone sets, mobile telephone sets, pager
units, computer and related equipment must be repaired or replaced within 48 hours of
becoming inoperable or defective.

Payment for setting up the field office of the various types must be made by the unit.

Payment for maintenance of the field office of the various types must be made for each
month or fraction thereof that the field office is required except that payment must not be
made for any month or fraction thereof for which the contractor is assessed liquidated
damages.

Telephone service must consist only of monthly call charges and non-fixed charges (e.g.
message units and directory assistance) with their related taxes for all telephone lines
servicing telephone receivers, fax machines, and micro-computer modems in the field
offices(s) or other facilities specified. The telephone service must also include payment for
the cellular phone use charges, for time used, exceeding the quantity of the service
specified.

Payment for telephone service must be made on the actual cost for the monthly land-line call
charges with their related taxes, and other non-fixed charges with their related taxes, as
evidenced by paid bills from the telephone company, submitted within 60 days of receipt from
the service provider. Payment must also be made for actual mobile phone use charges with
their related taxes for time used exceeding the quantity of the service specified as evidenced
by paid bills from the service provider, submitted within 60 days of receipt from the service
provider. The lump sum amount provided in the proposal is an estimated amount and must
be adjusted on the basis of paid bills.

5.14 Removal of Unacceptable and Unauthorised Work


All work that does not conform to the requirements of the contract is unacceptable unless
otherwise determined acceptable. Unacceptable work, whether the result of poor
workmanship, use of defective materials, damage through carelessness or any other cause,
found to exist before acceptance, must be removed immediately and replaced in an
acceptable manner at no cost to the state.

Work must not be done without lines and grades having been given by the engineer or the
contractor. Work done contrary to the instructions of the engineer, work done beyond the
lines shown on the plans, except as herein specified, or any extra work done without
authority is considered as unauthorised and must not be paid for under the provisions of the
contract. Work so done may be ordered removed or replaced at no cost to the state.

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If the contractor fails to comply promptly with any order of the engineer made under the
provisions of this subsection, the engineer must have authority to cause unacceptable work
to be removed or replaced by others and to deduct the costs thereof from any monies due or
that may become due to the contractor.

5.15 Load Restrictions


Within the limits of the project, the operation of equipment of such weight or so loaded as to
cause damage to structures or the roadway or to any other type of construction must not be
permitted. Transportation of materials over the base course or surface course under
construction must be limited as directed. No loads must be permitted on a concrete surface
course, base course, intermediate course, or structure before the expiration of the curing
period. In no case must legal load limits be exceeded when equipment is used for
transportation to and from the project site unless permitted in writing by the MoPWTT. The
contractor must be responsible for all damage done by its transportation equipment.

The client must monitor the contractor’s observance of the legal load limits according to the
following:

• For vehicles with weigh tickets, a certified weigh ticket must be furnished with
each load.

• For vehicles without weigh tickets that are transporting material for items of 3,800
m3 or more, a list of vehicles and their motor vehicle classifications must be
furnished before the start of work and must be updated at the start of each
construction season thereafter. A certified weigh ticket showing the gross weight
must be furnished with the first load for each vehicle for each item. The engineer
must be notified in advance so that the first load can be documented by
measurements and photographs.

• For vehicles transporting HMA from automated batch plants, a list of vehicles
including the certified tare weights and maximum allowable load for each must be
furnished before the start of work. This list must be kept current and include all
vehicles to be used throughout the duration of the project. Failure to provide this
information must be cause for rejection of material.

• For cement concrete delivery vehicles, a list of vehicles including the certified tare
weight and the maximum cubic meter load for each must be furnished before the
start of work and must be updated at the start of each construction season
thereafter.

Any vehicle found to be in excess of the legal load limit may have that load of material
rejected for use on the project. Repeated violations may be cause for suspension of

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operations until the condition is remedied to the satisfaction of the engineer. No payment
must be made for any material in excess of the legal vehicle load limit.

5.16 Automatically Controlled Equipment


Whenever equipment is required to be operated automatically under the contract and a
breakdown or malfunction of the automatic controls occurs, the equipment may be operated
manually or by other methods only for the remainder of the working day on which the
breakdown or malfunction occurs, provided this method of operation produces results that
otherwise meet the specifications.

5.17 Maintenance during Construction


Except as provided for below, the contractor must be responsible for maintenance within the
project limits until acceptance pursuant to these specifications. This maintenance must
consist of continuous and effective work prosecuted day by day, with adequate equipment
and forces to the end that the roadway is kept in satisfactory condition at all times.

In the case of a contract requiring the placing of a course upon a course or subgrade
previously constructed, the contractor must maintain the previous course or subgrade during
all construction operations.

On any section opened to traffic, whether provided for in the contract documents or opened
as directed, any damage to the roadway due to the contractor’s operations must be repaired
at no cost to the state. Nothing in this subsection must be construed to limit or change the
risks assumed by the contractor pursuant to these specifications.

The contractor must not be responsible for removal of ice or snow from sections of roadways
opened to traffic or for damage to the project caused by the operation of snow plows or other
snow removal or de-icing operations carried on by others under the supervision or direction
of the client or of the various counties and municipalities.

The contractor must not be responsible for mowing unless an item for mowing is scheduled
in the proposal form.

The engineer may direct the contractor to construct HMA patch to maintain sections of
travelled way and shoulders in a smooth riding condition at all times including seasonal
shutdowns. Payment for HMA patch must be made except for those areas that are damaged
by the contractor’s operations.

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Except as provided for above, all costs for maintenance during construction must be included
in the various pay items scheduled in the proposal.

5.18 Failure to Maintain Roadway


If the contractor at any time fails to comply with the provisions of these specifications, the
engineer must immediately notify the contractor of such non-compliance. If the contractor
fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the
engineer may proceed to maintain the project and deduct the entire cost of this maintenance
from any monies due or that may become due the contractor.

5.19 Partial Acceptance


If at any time during the prosecution of the project the contractor completes a unit or portion
of the project, such as a structure, an interchange, or a section of road or pavement, the
contractor may request the engineer to make final inspection of that unit. If the engineer finds
upon inspection that the unit has been satisfactorily completed in compliance with the
contract, the engineer may accept that unit as being completed, and the contractor may be
relieved of the responsibility of doing further work on or maintaining that unit or portion of the
project. The engineer reserves the right to reject the request made by the contractor, if the
engineer determines that the unit or portion of the project should not be the subject of a
partial acceptance. Such partial acceptance must in no way void or alter any of the terms of
the contract, nor must it be construed as relieving the contractor of full responsibility for
rectifying defective work or materials found at any time before acceptance pursuant to these
specifications.

5.20 Substantial Completion


When the contractor determines that the work is substantially complete, the contractor must
prepare a written notice thereof for submission to the engineer listing the items remaining to
be completed or corrected. The failure to include any items on such list does not alter the
responsibility of the contractor to complete all work according to the contract documents. If
the engineer determines that the work is substantially complete, the engineer must then
prepare a letter that states the date of substantial completion and establishes a reasonable
time within which the contractor must complete the planting of trees, shrubs, vines, ground
covers, and seedlings, perform the final cleanup, and repair unacceptable work, which time
may be before contract time as modified. The letter must be submitted to the contractor for
its prompt compliance therewith.

If, however, the inspection discloses that the work is not substantially completed to the
engineer’s satisfaction, the engineer must give the contractor the necessary instructions for

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completion and correction of same, and the contractor must immediately comply with and
execute such instructions. Upon completion and correction of the work, the contractor must
renotify the engineer and another inspection must be made.

5.21 Completion and Acceptance


Upon receipt by the engineer of written notice from the contractor that the work has reached
completion and is ready for final inspection and acceptance, the engineer must promptly
make such inspection. When such inspection indicates that the work is in compliance with
the contract, the engineer must promptly begin the process of issuing a certificate of
completion stating that, to the best of the engineer’s knowledge, information, and belief, and
on the basis of observations and inspections, the work has been completed according to the
terms and conditions of the contract. If, however, the final inspection discloses that the work
has not reached completion, the engineer must give the contractor the necessary instructions
for the correction of deficiencies, and the contractor must immediately comply with and
execute such instructions. Upon correction of the deficiencies, the contractor must renotify
the engineer, and another inspection must be made. This procedure is to be repeated until a
certificate of completion is issued.

At the request of the contractor, the engineer may issue a certificate of completion without
receiving all required documents, certificates, or proofs of compliance. The contractor’s
request must satisfactorily establish that the contractor could not reasonably and in good
faith provide some of the required documents, certificates, or proofs of compliance at a time
contemporaneous with completion and with the project being ready for use by the state to the
degree contemplated by the contract. In such instances where a certificate of completion is
issued, the contractor must expeditiously attempt to provide the exempted document,
certificate, or proofs of compliance. Final payment must not be made, however, until all such
documents, certificates, and proofs of compliance have been satisfactorily executed and
delivered to the engineer.

The certificate of completion is issued establishing completion as of the date of the notice or
re-notice from the contractor. If the client concurs in the certificate of completion, the
contractor must be notified of acceptance and the date thereof.

After acceptance, the contractor is relieved of the duty of maintaining and protecting the work
as a whole, and is not required to perform any further work thereon. In addition, the
contractor is relieved of its responsibility for damage to the work that may occur after
acceptance. However, nothing herein must be construed to limit the provisions of these
specifications.

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6 Verification and Evaluation of Quality

6.1 General
This section outlines the quality control requirements which are placed on the contractor and
the engineer. Tests have to be performed as routine and control tests as specified in the
ARCS.

The contractor must submit all the required evidence of the quality of the material to be used
to the engineer in a form which he accepts, one week before it is to be used for the execution
of the contracted work. The contractor is allowed to use a specific material for the contract
work only when this has been approved by the engineer.

Sampling sites and measuring sites are generally determined by random selection by the
engineer. In cases when the quality is visibly doubtful, the engineer may demand additional
control measures and/or sampling sites. The contractor and engineer may be present during
the taking of test samples and in the execution of field control measurements and control
tests.

The contractor is obliged to offer assistance to the engineer during test controls (for verifying
the results of routine tests on the basis of the random selection method) or in determining the
quality of the executed work and constructions. This assistance includes labour force,
auxiliary material, transport or material from the testing or sampling site to the laboratory or
place which is defined by the engineer on-site and is directed by the engineer. The cost of
this assistance is carried by the contractor.

The contractor is obliged to allow the engineer a constant control of all routine tests. The
result of the routine tests must be suitably processed and submitted to the engineer in the
agreed form and appointed time.

The complete documentation of the quality control of materials and work must be processed
by a private or public testing institute as a final report of the work.

6.2 Types of Test

6.2.1 Preliminary Laboratory Analysis


The contractor must provide evidence by means of a preliminary laboratory analysis of a
specific product that the quality of production is in accordance with the requirements of the
technical conditions and can be achieved with the available material. Expenses for these
preliminary tests are charged to the contractor.

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6.2.2 Demonstrative Production


Before the beginning of the routine production of material by machines or facilities on which
the quality of the works depends, a demonstrative production must be performed under the
supervision of the engineer. This is a test of the machines and facilities in regard to the
demanded unity and quality of the production specified in technical conditions or plans.

The program of demonstrative production must be submitted at least three days before the
expected beginning of work by the contractor to the engineer, who approves or supplements
it. Demonstrative production may be supervised by the engineer or a public or private testing
institute authorised by the engineer.

Necessary control tests for demonstrative production include the quality control of the
materials and productions. Expenses of demonstrative production are charged to the
contractor.

Demonstrative production must be performed only once for products from the same source
or with machines for the same work unless otherwise required by the engineer. The cost of
additional demonstrative production must be charged to the contractor.

6.2.3 Trial Testing


The engineer must only allow demonstrative installing on the basis of the suitable test results
of previous laboratory analysis and demonstrative production (testing of machines and
facilities).

Control tests in demonstrative installations consist of determining the quality of the product
throughout transportation, installation and final installed state.

Demonstrative installation is supervised by the engineer and a public or private institute


authorised by him. Expenses of demonstrative installing must be charged to the contractor. If
the demanded quality of work is achieved in the demonstrative installing, then the engineer
allows work to continue.

6.2.4 Routine Tests


The contractor must perform all routine tests for the quality control of materials, technology
and executed work. The extent of routine tests is specified in ARCS 8 and special conditions
of contract. Expenses of routine tests must be charged to the contractor.

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6.2.5 Quality Control Tests


The employer must perform control tests for the verification of routine tests, the extent of
which is specified in the special technical conditions. Expenses of control tests must be
charged to the employer.

6.2.6 Remaining Tests


Expenses for testing and manufacturing proposals for repairs which may be needed in
association with unforeseen terrain conditions must be charged to the client. Tests,
proposals for repairs and possible amendments which may be necessary because of
technological errors of the contractor and/or the non-fulfilment of the specifications of these
technical conditions must be charged to the contractor.

6.2.7 Laboratory
The contractor is obliged to organise a laboratory which must satisfy all the demands of the
routine tests specified in the ARCS for individual work. The contractor is obliged to offer the
engineer the use of the laboratory, with the auxiliary staff and energy, necessary for field
control tests of the supervising service. Expenses must be charged to the contractor.

The laboratory must have suitable work conditions and equipment as described in ARCS 8.
Besides this, the laboratory must have a suitable number of experts and assistants employed
full-time. In the sense of technical conditions the contractor must submit before the beginning
of work the complete organisation of the laboratory with a list of equipment and employees to
the employer for approval.

Laboratory equipment, necessary for the contractor’s laboratory must be checked and
attested by an independent certified private or public organisation approved by the engineer.

6.2.8 Basis for Statistical Evaluation


The quality of the performed work must be dealt with statistically, with which the following are
defined as a rule:

• Mean value x and standard deviation d;

• Demanded boundary values xb;

• Extreme boundary values xeb

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6.3 General Specifications


For estimating the results of routine control tests the following general specifications are
valid:

• Mean value X;

• Boundary value Xb;

• Extreme boundary value.

6.3.1 Mean Value X


The mean value X may be conditioned.

6.3.2 Boundary Value Xb


The boundary (demanded) value is usually conditioned, but it may also be defined by the
equation:

Xb = X ± a

where:

a is the deviation of the boundary value from the mean value; and

Xb is the boundary value. It can be defined also as a concrete numerical value.

If individual results exceed the extreme upper boundary value (Xebu) in the positive sense,
they may be considered in the statistical evaluation quality only up to a determined
percentage above the demanded value. If the individual results do not reach the defined
extreme lower boundary value (Xebl) they must be excluded before statistical estimation.

If a deficiently performed work is improved with additional measures, in such a way that the
obtained value corresponds to the specified demands for quality, then this result must be
considered in the evaluation and the first (negative) result must be excluded.

In special cases in the quality control of executed work, the value 1.96, which includes 95%
of the results, may be considered as the boundary value. The quality between the boundary
values means the one hundred percent financial value of performed work, if this is not
specified otherwise by the technical conditions or supplements.

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6.3.3 Extreme Boundary Value


Extreme boundary value is generally conditioned, or defined by deviations from the mean
value or boundary value with the equation:

Xbl = X ± b, or

Xb = Xb ± c

where:

b is the deviation of the extreme boundary value from the mean value;

c is the deviation of the extreme boundary value from the boundary value.

The extreme boundary value can, in special examples, be defined by the value 3s, which
includes approximately 99.8 % of the results.

6.3.4 Basis of Cost Estimation


Quality demands for individual characteristics of the performed work are given in the special
technical conditions. The client can claim financial deductions for deficient quality of
executed work.

The extent of work between the boundary value and extreme boundary value is, on principle,
financially estimated by the equation:

FD = D2 · P · DE

where:

FD is financial deduction;

D is deviation from the boundary value (quality or quantity);

P is price of one unit of executed work;

DE is extent of the deficiently executed work.

The value of deviation D from the boundary value must be determined by the formulae:

X b − X act
D= ⋅ Q or
Xb

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X act − X b
D= ⋅K
Xb

where:

Q is the quotient of the influence the deficient quality of the executed work has on
the use of the executed work, specified in the technical conditions for individual
work;

Xact is the actual determined value.

Financial deductions for individual deficiencies are summed up to the one hundred percent
price for one unit of work.

In examples when the cost for one unit of work is exceeded (because of the summing of
individual deductions), the engineer decides on the measures to be taken.

The range of work covered by the results above or below the extreme boundary value have
no financial value. The contractor does not receive payment for such a quality of work, and
such executed work must be repaired by the contractor under the instructions of supervising
engineer and at the contractor’s own expense.

6.3.5 Examples of Calculations for Cost Estimations

6.3.5.1 Example 1
Determining the inferior quality of the installed road base made from bituminous aggregate
because of a deficient degree of compactness (deficient quality).

Data:

• Boundary value Xb = 97 %

• Extreme boundary value Xeb = 95%

• (C = 2%)

• Actual determined (average) value Xact = 96.1 %

• Cost of one unit C = 3200/ m²

• Extent of deficiency executed work ED= 440 m²

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Calculation:
X b − X eb
Q max = ⋅ K = 1.0
Xb

Xb 97
K= = = 48.5
X b − X eb 97 − 95

X b − X act 97 − 96.1
O=K = 48.5 = 0.45
Xb 97

FO = O2 · C · PD

FO = 0.452 · 3200 ·440 = 258. 120

6.3.5.2 Example 2
Determining the inferior quality of the installed wearing course of bituminous (asphalt)
concrete because of deficient thickness (deficient quality).

Data:

• Demanded value Xd = 4 cm

• Boundary value Xb = 3.6 cm

• Determined average value of results greater than Xb Xact = 3.8 cm

• Extent of executed work PD1 = 410 m²

• Extreme boundary value Xeb = 3.0 cm

• Determined (average) value of results Xb ≥X2≥Xlb Xact = 3.3 cm

• Extent of executed work PD2 = 30 m²

• Price of one unit C = 2200/m²

Calculation:
X 2 − X act1 4 − 3.8
FO1 = ⋅ C ⋅ PD = ⋅ 2000 ⋅ 410 = 45.100
X2 4

X 2 − X eb
Q max = ⋅K = 1
X2

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X2 4
K= = =4
X 2 − X eb 4 − 3

X 2 − X act 2 4.0 − 3.3


O =K⋅ =4 = 0.7
X2 4.0

FO =O2 ·C · PD = 0.72 · 2200 · 30 = 32.340.-

FO = FO1 + FO2 = 77.440.

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7 Measurement, Take-over and Calculation of Work

7.1 General
The quantity of individual work must be assessed on the basis of unit measures specified in
the bid or cost estimation contract and by the specifications of these technical conditions.

Quantities must be determined on the basis of the actually executed work and installed
materials in the framework of the design for individual work, if this is not specified otherwise
in these technical conditions. All quantities are rounded off, two decimals at most, unless the
engineer and the contractor do not agree otherwise on the basis of legitimate reasons.

For work for which the quantity or quality cannot be determined additionally without extra
expenses, the contractor is obliged to demand from the engineer temporary take-over. The
temporary take-over has to be documented and recorded into the construction log book in
written form and with plans. In such cases, work must not continue before temporary take-
over and measurement is completed. If the contractor in such a case waives temporary take-
over, he carries all the consequences of the additional work which may occur for determining
the actual quantity and quality of the performed work.

7.2 Log Book of Calculations


The determined quantities and measurements (of the temporary take-over) of work must be
recorded into the calculation log book. All measures must be recorded and all plans must be
drawn for all work which must not be visible when the work is completed, as also all work
which deviates from the investment – technical documentation.

The contractor must mark all changes which occurred during construction into the
corresponding plans. Such plans become a composing part of log book.

The calculation log book must be submitted by the contractor to the engineer for approval
once a month, generally before the analysis of temporary monthly situations.

The calculation log book must be updated regularly. If the data in the book is not confirmed
by both sides, such data cannot be a basis for temporary (monthly) accounts (statements). If
such unconfirmed data is included in temporary account, the engineer has the right to
exclude such sums from the temporary account.

The engineer has the right to reject confirmation of quantities of work for which he has
evidence that they have not been executed qualitatively and are not in accordance with the
contract specifications, valid regulations and standards. He also has the right to reject

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confirmation of quantities of work in which the contractor did not allow him to survey the work
process, the documents on supplied material or, in spite of the opposition of the engineer,
performs certain work operations and with this endangers the technological quality and
safety of construction.

The contractor is obliged to give all the necessary data for the calculation log book, without
charge, and also all the necessary expert staff and equipment.

7.3 Take–over of work

7.3.1 General
Take-over of work is the quantitative and qualitative take-over of individual contract work.
There are three types of take-overs in construction, as follows:

• Temporary take-over of work (for temporary calculation of work);

• Final take-over of work (with official inspection);

• Ultimate take-over of work (final official inspection).

7.3.2 Temporary Take-over of Work


In the case of temporary take-over of work, the engineer determines the quantity of
completed work by the unit measurement in accordance with the contractors bid, which
forms part of the contract between the client and the contractor. The engineer may also
determine the quality of partially completed works in a temporary manner for payment.

All temporary take-overs are recorded into the calculation log book, which must also be
documented. The documentation is composed by the contractor and is submitted every
month to the engineer for affirmation. The engineer is obliged to approve or reject the
recorded entries, with an explanation of the possible rejection, in a period of one week.

The final quantities and qualities are determined for all temporary take-overs at the final take-
over of work (official inspection). Alternatively the quality might be determined at the ultimate
take-over with expired guarantee (final official inspection).

7.3.3 Final Take-over of Work


The final take-over of the work (official inspection) must be performed after the completion of
the work on the basis of the contract specifications between the client and the contractor.
The final calculation is taken as the basis for the final take-over, submitted by the contractor
to the engineer according to the specifications outlined in this section if the contractor has

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come to an agreement between the engineer in regard to the quantity and quality of work. In
conflicting cases, the contractor has the right to submit his final calculation to the official
inspection committee, including the necessary documentation, which the official inspection
committee is obliged to study and, in accordance with the discovered act of suitably.

In final take-overs of work, when the quality of the executed work is estimated, the employer
claims financial deductions for the lacking quality of the performed work.

The final take-over is final in regard to quantity and prices, but does not include the
guarantees.

The engineer must prepare a list of deficiencies for all the works to be taken over. The
contractor must be obliged to rectify all the issues mentioned in the list of deficiencies. The
contractor is responsible for the cost and any delay in completing the works as a result of
rectifying the issues mentioned on the list of deficiencies.

7.3.4 Ultimate Take-over of Work


The ultimate take-over (final official inspection) of the quality of work must be carried out
when the guarantee expires according to the specifications of the contract between the
employer and contractor.

The ultimate take-over must consider whether the contractor has rectified the issues
mentioned on the list of deficiencies. Only if these issues have been addressed to the
satisfaction of the engineer may the work be ultimately taken over.

7.4 Calculation
Work is calculated on the basis of temporary statements and final calculation statements
under the conditions of the contract specifications. For measurement type projects, the basis
for calculating is the unit price for individual work specified in the cost estimation or bid and
the quantity of work. The financial evaluation of the quality and quantity of the performed
work must also be considered in the calculation.

7.4.1 Unit Prices


Unit prices are the unit prices of the bid or cost estimation contract for individual work. If this
is not specified otherwise by the contract or these technical conditions, all expenses for the
execution of individual work must be included in the unit prices, these are:

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• All services in the descriptions of these technical conditions and in the details of
plans;

• All expenses of searching for sources of material and the exploitation of the
material necessary for the execution of work;

• All expenses in association with the necessary internal transport of material and
labour force, as also expenses for equipment and other things;

• All supply of material necessary for the realisation of individual work;

• All expenses for wages, including taxes;

• All additional expenses, such as travelling expenses, field bonuses, separated


life, expenses for room and board of workers and so on;

• All expenses for organisation of work, management of construction site and the
administration of the firm, including all taxes, land expropriations and other affairs,
the assembly and disassembly of equipment and machines, including their
transport, the building of settlements for the lodging of the labour force and the
offices and warehouses, communication equipment, including all work and
material, such as the supply of energy, water, lighting and so on, and all else that
is necessary for carrying out the unhindered process of the organisation of work;

• All expenses for the use, maintenance and organisation of accessible public
traffic areas and reallocated public traffic areas until take-over;

• All expenses for normal drainage of rainfall, ground water and river water during
building;

• All remaining additional construction work, such as platforms, temporary fences


and everything else which is not specially stated in the description or cost
estimation as being charged extra;

• All reparation of caused damage which occurred during building, as also all
expenses for restoring the used or effected territory to its original state after
finished work;

• All expenses for top soil depositories by the lay out and its ordering;

• All expenses for erecting suitable deposits (areas) for unusable material;

• All expenses for indemnities to third persons, which may have occurred during
construction and are not included in the insurance of the authorised insurance
agency;

• All expenses for sites and equipment and the regular activity of field laboratories;

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• All expenses for acquiring certificates necessary for testing and the controlling
technology;

• All expenses for routine tests and assistance in field tests of the supervising
service of the client, such as refunds for the:

o Material expenses of tests;

o Wages of the employed with all extras;

o Necessary transportation;

o Data processing;

o Manufacture of reports on the executed work.

• All expenses for the necessary measurement of the quantities completed and
quality controls;

• All expenses linked to observing the sinking of the works during construction (in
accordance with valid technical laws);

• All expenses in association with the execution of loading tests of the construction;

• All expenses of manufacturing executive plans;

• All expenses for the installation, equipment and the maintenance of the facility of
the supervisory service to the extent foreseen in the bid;

• All expenses associated with heating, lighting and telephones, necessary for the
unhindered work of the supervisory service;

• All expenses occurring in association with the demanded regulations of safety of


work;

• All work in the “recapitulation of pre-measurement” which, under the technical


conditions for individual work in the cost estimation or bid contract, fall under the
proposed unit price;

• All remaining expenses which are not specially foreseen in the individual work, so
that the contractor has no right to demand any extra funds additional to the
proposed unit price.

7.4.2 Additional Work


Additional work is work not included in the bid or cost estimation contract. It is charged on the
basis of the specifications in the contract. If the contract does not contain such specifications,
the additional work is calculated on the basis of previously fixed unit prices. The engineer
has, in such cases, the right to demand a detailed calculation of prices from the contractor,
which must be in accordance with the realistic market prices of the material and wages (with

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all extras). In disputable cases, the dispute is settled on the basis of specifications in the
contract.

If the additional work is not covered in the contractor’s bid, new rates must be negotiated with
the engineer and forwarded to the client for approval.

7.4.3 Interim Calculation


An interim calculation applies in the case where the client claims contract penalties for work
that has been agreed but is not being executed. The calculated interim contract penalty – to
an extent foreseen in the contract – is returned to the contractor if the contractor executes all
the work in the appointed time of the contract.

The contractor cannot enforce favourable differences in prices which may have occurred
because of delay.

7.4.4 Acquired Material


Material acquired in the execution of work belongs to the employer. The contractor is obliged
to place it in a determined place and/or to store it and submit it to the employer in written
form. The use of such material can be permitted only by the employer. If such material is
used for the execution of the contract, the employer must deduct the value of the material
from the proposed unit price.

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8 Preparatory Works
8.1 Introduction
This section outlines the types of work that must be undertaken as part of preparatory works
by the contractor. These include surveying and terrain clearance.

8.2 Surveying (Setting out)

8.2.1 Introduction
Surveying includes:

• Staking out the road alignment and other structures;

• All measurements in association with the transfer of data from plans to nature or
from nature to plans; and

• Maintenance of staked markers on the terrain at all times, from the beginning of
work to the take-over of all work by the employer.

This work also includes take-over and maintenance of all basic surveying drafts and plans
and staked markers on the terrain, which the employer submits to the contractor at the
beginning of work.

The extent of this work must satisfy all needs of construction, work control, cost estimation,
and other factors, which create conditions for the execution of work. The engineer is
encouraged to participate in all surveys.

Surveying also includes the production of the executive plan of the staked out and built road
and/or structure. The executive plan must be produced before the technical inspection of the
constructed road and/or structure.

8.2.2 Method of Execution - Submission and Take-over of Alignment


The employer must submit to the contractor the staked out alignment of the road, regulation
and/or staked out structures on the terrain with all the necessary written data.

Only the centre line of the road, the regulation and/or structure must be staked, in intervals
dictated to by the characteristics of the terrain, but not in greater intervals than 25 m.

Intersecting roads are usually staked at the edge of the merge or demerge lane or pavement
or at the edge of the interchange itself. The following must be used as a basis:

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• Staked transverse points on the terrain. The tranverse line must be fixed to
trigonometric points, with a deviation admissible in the regulations for traverse
lines of the 1st order;

• Level points (bench marks) designated on the terrain;

• The route surveying plan. which contains the following supplements:

o The layout to a 1:1000 scale with the drawn centre line, kilometre scale
and a reference of the route surveying elements. The layout also has a
scheme of the main points linked to the traverse drawn in, with the
necessary data for staking;

o The calculation of the main points or the electronic computation of the


coordinates of the main intermediate ground breaks with chainage;

o A list of tranverse points with coordinates and a topography of these


points;

o A list of bench marks with bench levels and topography of these bench
marks.

For the less important accompanying structures of the highway, such as deviations of less
important roads, regulations and so on, other methods of measurement may be used,
adapted to the type of structure and terrain in such a way that the contractor must be able to
execute the work without disruption.

The contractor must renew, on the basis of the plans for staking the traverse points, the
centre line (the layout and elevation) on the formation of the bed after finishing work. The
accuracy of the renewed centre line must be inspected by the engineer.

The contractor must protect all tranverse points and bench marks from the day of sub-
mission. If individual reference points on the terrain are lost or moved (traverse points, bench
marks), the contractor must renew them at his own expense. The accuracy of such renewed
points are inspected by the engineer.

8.2.3 Protection of Staked Centre Line


When the client takes over the staked centre line of the road or some other construction, he
is obliged to protect each profile on both sides (without regard to the contours of the terrain)
in such a distance from the edge of the embankment or excavation, such that it remains until
the end of the construction work. Each protected point must be protected by a triangular
wooden frame, with a profile of 2.5 cm x 2.5 cm. The protected stake – with a profile of

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5 cm x 5 cm – must have a nail, the head of which is painted with durable red paint. Each
must be coated twice.

A wooden board must be placed on the left side and right side of the triangle, on which the
number of the profile must be written in durable red paint in large numbers and under it the
distance and station of the profile.

8.2.4 The Placing of Cross Section Profiles


The contractor, if he is not satisfied with the submitted cross section profiles of the main
project, has the right to remeasure the cross sections, at a right angle to the centre line of the
road, horizontally or tachyometrically.

The construction profiles must be placed on cut slopes and embankments in angles, which
are prescribed in the drawn cross section profiles. The cross section of the inclines with the
terrain must be calculated mathematically while simultaneously considering the specified
incline breaks.

The profiles must be in place during the whole time of the construction of the embankments
and/or cut outs and must be extended simultaneously as work progresses.

The construction profiles must generally be made from wooden boards with a cross section
of 2.5 cm x 5 cm and from wooden stakes with a cross section of 2.5 cm x 5 cm. In cases of
high embankments or cut outs they are allowed to be placed at a distance of not more than
50 m. The engineer can demand intermediate stakes if necessary.

The line of the embankment or cut out without soil and without rounding-out at the bottom or
top of the cut out or the heel of the embankment must be considered in the angle of the
inclines.

8.2.5 Staking of Structures


The contractor is obliged, on the basis of data in these specifications, to stake all structures
by its own judgment and needs, but must beforehand submit to the supervising engineer a
plan of the staking with all the necessary data specified in these specifications. The placing
of cross section profiles, the protecting of the staked centre line and the control must be
executed in the same way as when designating the alignment, but adapted to the needs of
the building of the structure.

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The staking of structures must be protected with a double concrete guard on each side. The
staking plan for larger structures must have a calculation of the elements for situational
control of the staking and the construction of pillars with cross sections.

8.2.6 Quality of Execution


The precision of measurements must be in accordance with surveying norms for the
corresponding type of measurement and in accordance with the quality demands for
individual work in the special technical conditions.

Surveying may be stopped in cases when the engineer discovers that the measurements do
not ensure the execution of the project according to plan. In such cases the contractor is
obliged to take steps to secure more precise measurements or for measurements which the
engineer demands.

8.2.7 Quality Control


The contractor is obliged to inspect the staked alignment during the whole period of
construction work and to regularly renew all markings on the terrain, without regard to the
cause of damage. The contractor is obliged to repeat as required the execution of all work
these specifications in cases when changes are made in the project. The contractor is
obliged to submit all data on staking to the engineer and allow him the unobstructed use of
all the markings for his needs. If the engineer discovers, with measurements and data
control, that the measurements of the contractor are not precise, he has the right to submit
all measurements to a third competent organisation and charge the actual cost to the
contractor.

8.2.8 Measurement and Take-over of Work

8.2.8.1 Measurement
Surveying must be measured as follows:

• Staking of alignment, on the basis of kilometres of alignment staked;

• Measurment of profiles, on the basis of the profile on each side of the road.

8.2.8.2 Take-over
The contractor is obliged to submit to the employer the finished plan of staking and the built
road and/or construction in three copies after finishing work (one copy on matrix paper), but
before the technical control. The executive plan must also contain data on the traverse points

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and bench marks according to these specifications. A submissions record must be made with
this.

The contractor is also obliged to stake the centre line or the edge of the carriageway and
mark the construction profiles with durable paint before technical inspection.

8.2.9 Calculation
The work is priced by unit or lump sum, in accordance with the contract cost estimation. All
work described in this chapter, with all the material and external and internal transport, is
included in the unit price. Also all additional measurements and staking, including
measurements of secondary removals of material and other similar examples, necessary for
the execution of work, are included. The contractor has no right to demand any additional
payment for such work. The basis for the lump sum is determined by a percentage of the
value of the executed contract work. The price also includes:

• The production of the executive plan of the staked and built road and/or structure,
which the contractor must submit to the client before the demand for the technical
inspection of the built road and/or structure (in three copies) or together with it;

• The staking of the road's centre line or the road embankment;

• The marking of construction profiles on the road surface.

The expenses of measuring and data control performed by the employer is charged to the
contractor, if the measurements and data of the contractor prove to be incorrect.

8.3 Terrain Clearance

8.3.1 Description

8.3.1.1 Clearance of Bushes, Trees, Branches and Tree Stumps


This work includes:

• The felling and removal of trees with trunks up to 15 cm in diameter, felling and
removal of trees with trunks from 15 cm to 50 cm in diameter and those over 50
cm, the removal of branches of previously felled trees, and the removal of tree
stumps of old and newly felled trees from 15 cm to 50 cm in diameter and those
over 50 cm in diameter;

• Clearance and excavation of surfaces, which includes the felling and removal of
bushes, trees and branches, the uprooting of tree stumps and roots, the
separation of tree stumps from the top soil, the removal of organic material which

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may have remained during the removal of bushes, trees, branches and tree
stumps and the transportation of these to a specified dump exterior of the
alignment.

The surface which must be cleared and/or excavated must be illustrated in the plans or they
are determined by the engineer before work begins.

8.3.1.2 Other Removals


This work includes:

• The repurchasing and disassembly of traffic signs and guard rails, the demolition
of walls on existing roadways, fences, pavements, structures and other similar
obstructions and the removal of curbs, material and waste material, which would
obstruct work in any way;

• The demolition of existing structures and the removal of all material, which would
obstruct work, except if this is not specified otherwise in the plans or if this is
specified otherwise by the engineer.

This work does not include the removal of various installations which are still in use. These
include but are not limited to electric cables (high and low tension), telephone cables, water
pipes, gas pipes and other installations which have to be relocated. It includes those parts of
these installations which count as foundations or parts of a structure made from massive
material and which must be demolished after the relocation of the stated installations.

8.3.2 Method of Execution

8.3.2.1 Clearance of Bushes, Trees, Branches and Tree Stumps


Bushes, trees, branches and tree stumps must be removed from all specified surfaces and
also in individual areas which are specified (for individual trees and tree stumps) by the
engineer.

The engineer may demand that individual trees remain and not be damaged. To prevent
damage to those trees which are to remain, other trees must be cut down with care. If any
kind of damage to constructions, other trees or property must be prevented, or if levels of
danger must be lowered or disturbances on property must be avoided, trees must be cut
down in stages, from the top downwards.

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All tree stumps and roots must be removed from the surface of the excavations for the new
alignment, except on rounded off slopes, where they can be cut off to the height of the
ground. The stumps and roots must be removed before excavation of the top soil, turf or
fertile earth begins.

On the surface of original subgrade, when the poor bearing layers of soil must be removed or
must be compressed, all stumps and roots must be removed to a depth of 20 cm under the
formation of the original subgrade and/or at least 50 cm under the formation of the bed.

In the excavation of poor bearing earth of a soft to liquid consistency, the roots and stumps
usually must be removed simultaneously with the excavated earth.

8.3.2.2 Other Removals


The described removals in these specifications must be performed on all surfaces where
clearance is necessary because of the execution of construction work or because of the
aesthetic appearance of the environment by the road itself.

Traffic signs must be removed and disassembled in such a way that all component parts are
preserved undamaged such that they can be used once again. For this purpose, an
agreement with the engineer must be made in regard to which parts have to be preserved,
stored and protected against decay and to which parts can be rejected or removed before
disassembly. The storage place is specified by the engineer and the contractor is obliged to
store the disassembled parts in his storehouses, which are accessible by vehicles, until they
are taken over by the engineer. The take-over date is specified by the engineer.

Walls of all kinds must be demolished in such a way that cause the least damage to
neighbouring structures, vegetation and the remaining roadways, and in such a way that the
area of demolition must be functionally applicable for the purpose foreseen by the design, or
in a method specified by the engineer

The removal of curbs, the demolition of fences, buildings and other obstacles must be
executed in such a way that the stated obstacles must be removed completely and must
neither be an obstacle for the qualitative execution of work nor must they disturb the
aesthetic appearance of the road and the surroundings. The contractor must take care to
preserve the component parts undamaged during the removal of the above stated, such that
they can be used once again. Parts of various electrical installations which have to be
relocated (such as foundations and parts of massive constructions) and which cannot be
disassembled or cut must be removed in exactly the same way as other facilities or terrain
clearance. The method of removal or demolition is selected by the contractor himself, in
which he must consider all health and safety regulations, and he must prevent damage to

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other property or any disturbance of property. Any damage which may occur during the
execution of work is charged solely to the executor.

All the acquired material may be used (if it corresponds) for the contracted work and the
contractor has no right to demand any kind of payment for such material.

8.3.3 Measurement and Take-over of work

8.3.3.1 Measurement
The removal of bushes. trees, branches and tree stumps of old and newly felled trees with all
the work stated under these specifications is assessed on the actually performed work:

• Removal of bushes in square meters of cleared surface;

• Removal of trees in pieces;

• Removal of branches of previously felled trees in hours;

• Removal of tree stumps in pieces.

The extent of other removals stated under these specifications must be assessed by the
actually performed work and quantity and in the corresponding unit measures:

• Excavation and disassembly of traffic signs in pieces of disassembled signs;

• Disassembly of guard rails in meters of disassembled guard rails;

• Demolition of walls of all kinds in cubic meters of demolished wall;

• Demolition of existing roadways in square meters of demolished roadways;

• Demolition of curbs in meters of demolished curbs;

• Demolition of fences in meters of fences;

• Demolition of paving in square meters of demolished paving;

• Demolition of buildings (residential and commercial) in square metres of actually


demolished surfaces or gross storey surface of the building.

8.3.3.2 Take-over
The executed work is taken over by the specifications of the general technical conditions and
the specifications of these special technical conditions.

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8.3.4 Calculation
All quantities of work specified under these specifications must be calculated and paid by the
unit prices in the contract cost estimation.Unit price represents the full compensation of the
whole work processes stated in these specifications and/or are necessary for the complete
finalising of work. Work under these specifications must be calculated as the excavation of
poor bearing earth of a soft or liquid consistency.

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