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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO.

TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

No. Issue Contractor’s Default Previous Status as at date of Current Status / Action Action / Mitigation Applicable Sub- Applicab Other Applicable/
or Failure / Non- Date by deadline taken by Contractor to- Measures Under taken by Clause of the le Clause Relevant Document
Compliance which the 17th March 2017 supervising consultants Conditions of of the
Contractor GAUFF Contract Specifica
was to tion
Remedy the
Failure
1 SOCIAL ISSUES INCLUDING ISSUES RELATING TO CONTRACTOR’S PERSONNEL
1.1 Accommodat a) The Contractor has 30th November Non-compliant Compliant Reminders to Contractor to 6.6 [Facilities for 1302 Item 16 of Table 10.1
ion for the not provided adequate 2015 a) For the local staff & Comply via monthly tripartite Staff and Labour]; of Updated
accommodation for As of the date of deadline, laborer, the contractor [General
Contractor’s no local staff meetings held at site 6.11 [Disorderly Requirem Environmental and
Personnel the Contractor’s provides a housing between Client, Consultant Conduct]; Social Impact
Personnel and those accommodation had been allowance of UG UShs ents]
provided. & Contractor, 4.23 Statement (ESIS),
staying outside the 30,000 and transport January 2011
camp are causing Contractor reported that allowance of UShs 10,000 [Contractor’s
housing allowance was and
various problems to as approved by the Operations on Site
the local communities. included in salary package, Commissioner, MGLSD on ]; Pay roll of 16th
but as date of deadline, CRSG was tasked to ensure
12th February 2016; and that the sensitization effort is 4.14 1303 February 2016
b) Only a certain Contractor only had draft – Evidenced in the letters of [Contracto
unsigned copy of letter of a regular activity for the [Avoidance of
category of the offer and the staff pay workers and is well r’s Offices,
Contractor’s offer, which did not stipulate slips. Interference] Stores,
what portion of the salary is documented.
Personnel is provided Sensitization of workers 6.24 [Non- Workshop
with accommodation for housing, transport or on harmonious living in Discrimination s, Camps,
at the Contractor’s meals allowance the community has been and Equal etc.
camp. undertaken. Workers were Opportunity]
also sensitized about the
dangers of defilement.
WSS conducted a Gender
sensitization to Managers
and workers of CRSG
during the month of
December 2016 where
matters to do with Child
protection, Gender based
violence where
addressed. Ref. Vou
WSS/CR7G/16/06 Dated
25th Nov 2016.
1.2 HIV-AIDS The Contractor has not 29th October Non-Compliant Compliant Reminders to Contractor to 6.7 1804 Items 18 and 23 of
Prevention paid HIV-AIDS 2015 By date of deadline, WSS Reports are reviewed Comply via meeting(s) held [Health and [HIV/AID Table 10.1 of
awareness programme Contractor had paid the up to December 2016. at site with Contractor, Safety] S and STI Updated
service provider on HIV/AIDS service provider Payment has been UNRA & Gauff on 12th Preventio Environmental and
time and as a result approved up to October October 2015 n] Social Impact
condoms and IEC 2016 The Contract for

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

materials have not from March 2015 up to WSS expired on the 31st The Reports for March and Statement (ESIS),
been distributed to the August 2015. January 2017. April 2016 were reviewed January 2011
Contractor’s Personnel, . and approved by Gauff
local communities, etc. Sociologist via Letter Ref:
WT/hm/R34/Contr/1383
a) WSS services for the
months of March and April
2016 have been paid Ref.
Letter No.
CRSG/UG/KF/1782 Dated
04th Aug 2016
b) RE’s letter to the
Contractor reminding about
the WSS contract Ref. No.
WBT/fo/R34/contra/1758
Dated 02nd Feb 2017
1.3 Accesses There are cases of 29th October Non-compliant Compliant Reminders to Contractor to 4.14 1502(f)
affected accesses 2015 All 37 affected Accesses Comply via meetings held at [Avoidance of [Access
including blocked that were previously site with Contractor, UNRA Interference]; to
accesses to private As of 12th Nov 2015, & Gauff. on:
Contractor had only restored identified earlier have properties
properties, farms; been restored. - 29th Oct 2015 ]
markets, schools, four of the accesses with a 4.8
th
religious institutions, letter written to RE in regard By 28 February 2017 the - 4th Nov 2015
to installation of access total number of permanent [Safety
etc. - 12th Oct 2015 Procedures]
culverts Accesses constructed are
as follows:
189/218 locations
installed with 600mm
culverts,
194/377 locations
installed with 200mm
thick Access Slabs, and,
22/55 locations installed
with 100 mm thick Access
slabs.
In the month of February
2017 more than 20
temporary accesses have
been created along the
road.
1.4 Terms of a) The Employment 5th November Non-compliant Compliant Reminders to Contractor to 6.4 Employment Act,
Employment Contract for 2015 Comply via meetings held at 2006:
Contractor’s a) The Contractor has [Labour Laws];
employees does not issued all staff with

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

clearly state the contracts which are in line site with Contractor, UNRA 6.2 Section 41
amount of salary, with the labour laws of & Gauff on: [Rates of Wages (Entitlement to
wages, allowances Uganda covering annul - 12th Oct 2015 and Conditions of wages)
and any other leave, sick leave, Labour] Section 45
benefits to be paid to maternity leave, public - 29th Oct 2015
th
(Prohibition on certain
the individual worker. holidays, and weekly rest, - 4 Nov 2015 deductions)
This supports the Code of conduct, wages 6.6
allegation that the and overtime pay. Section 46 (Permitted
Contractor was given a [Facilities for Staff deductions)
amount received by b) The contractor also and Labour]
the staff is different sample employment
issues employment offer contract with clear terms
from that indicated in letters to the local
the official and conditions 6.1
workers.
documents. [Engagement of
b) The Employment c)Each worker is issued a
time sheet which clearly Contractor reminded about Staff and Labour]
Contract does not pending issues during
indicate the amounts indicates wages paid and
all deductions made monthly site meetings held
for housing on; 1.13
allowance and any during the month
th
-26 November 2015 [Compliance with
other allowances. The Contractor has Laws]
th
c) The Employment previously renewed the -18 December 2015
Contract does not staff offer/appointment -28th January 2016
include an offer letters for all 380 workers
letter. for six months ending in
d) Unclear deductions Dec 2016 in accordance
are made from the with the work programme
workers’ wages submitted earlier.
every month. Although the contractor’s
revised programme
indicates completion of
the works by March 2017,
the Contractor is in the
process of renewing all
staff contracts for his
workers from December
2016 up to February 2017
when he expects much of
the works to be
completed. He has
indicated that the process
of renewal is expected to
be completed by the end
15th of Jan 2017.
The Contractor has
submitted records of
renewal of contracts for all

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

the workers’ up to 28th


Feb 2017
1.5 Work Permits 15 out of 35of the 19th November Non-compliant Compliant Reminders to Contractor to 6.12 Employment Act,
for Foreign Contractor’s foreign 2015 According to the Comply via meetings held at [Foreign 2006:
Personnel personnel do not have information from the site between Contractor Personnel]; Section 37 (Migrant
work permits and are Letter Ref. (CRSG), Client (UNRA) &
CRSG/UG/KF/1245 dated Contractor, all 22 Chinese workers)
therefore working workers on site have valid Consultant (Gauff) on: 12th
illegally on the project. 07/10/15 shows that there is Oct 2015, 29th Oct 2015 6.4
no improvement on this work permits.
since that date, nor does it 4th Nov 2015 [Labour Laws];
indicate what has been b) RE’s letter Ref. No.
done since then WBT/bmd/R34/Contr/1425 1.13
The RE’s letters Ref.No. [Compliance with
WBT/bmd/R34/Contr/1432 Laws]
Dated 20th July 2016
requesting for an incident
report &
WBT/bmd/R34/Contr/1446
of 29thJuly 2016 seeking for a
clarification on work permits.
1.6 Records of The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 6.22 [Employment
Employment been submitting 2015 In accordance with the Comply via meetings held at Records of
of Personnel records of the requirements of the site between Contractor Workers];
employment of labour Contractor has not yet (CRSG), Client (UNRA) &
availed a full list of local contract clauses 6.22, 6.10 6.10 [Records of
including (i) the names, and 4.21, the Contractor Consultant (Gauff) on: Contractor’s
workers with all these
(ii) ages, details provides full employment 12th Oct 2015, 29th Oct 2015 Personnel and
(iii) genders, records of the local staff 4th Nov 2015, 26th November Equipment];
since March 2016. 2015, 18th December 2015, 4.21 [Progress
(iv) hours worked and Records include age, and 28th January 2016. Reports]
(v) wages paid to all gender, position, district, Reminder to Contractor to
workers. telephone numbers, and comply to statutory
hours worked and wages requirements
paid. WT/ek/R34/Contr/1732
Dated 11th Jan 2017
1.7 Gender (a) The staffing levels 30th November Non-compliant Compliant Reminders to Contractor to 6.24 1805 Employment Act,
Responsive- do not indicate 2015 Comply via meetings held at 2006:
efforts by the Contractor does not show a) The contractor recruits [Non- Gender]
ness how many females are employees on open site between Contractor Discrimination Section 6
Contractor to (CRSG), Client (UNRA) &
attract or retain employed on the project, competitive basis where and Equal (Discrimination in
their occupations and what both men and women are Consultant (Gauff) on: Opportunity] employment)
female workers on
the project. efforts have so far been considered. - 12th Oct 2015 Occupational Safety
made to ensure gender CRSG has provided - 29th Oct 2015 and Health Act, 2006:
balance 6.4
evidence of Adverts for - 4th Nov 2015

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

(b) Some toilet particular Jobs targeting [Labour Laws]; Section 49 (Provision
facilities have not female Workers. There is -26th November 2015 of adequate sanitary
been separated by currently one female conveniences)
gender. machine operator and 11 -18th December 2015 1.13
others females working in -28th January 2016 [Compliance with
the camp office and Laws] Item 1 of Table 10.1
kitchen. of Updated
Contractor still being Environmental and
WSS Ltd conducted a monitored to ensure Social Impact
Gender training for all the continued compliance Statement (ESIS),
top and middle managers January 2011
of CRSG during the month
of Nov 2016. Another
training was conducted to
workers at their different
work stations.
b) The gender separated
toilets have been provided
at the camp and quarries
and in the forest.
1.8 Drinking (a) The Contractor 19th November Non-compliant Compliant Reminders to Contractor to 6.14 1218 Occupational Safety
Water provides water of 2015 Comply via meetings held at and Health Act, 2006:
unacceptable Contractor’s response a) The Contractor site between Contractor [Supply of Water] [Water]
quality to the indicates that drinking water provides drinking water (CRSG), Client (UNRA) & Section 50 (Provision
Contractor’s is from faucets. It does not that for the workers from Consultant (Gauff) on: of adequate
indicate where these are boreholes. 6.4 wholesome drinking
Personnel at the 12th Oct 2015, 29th Oct 2015
quarry. located; camp or quarries. Test results for samples 4th Nov 2015, 26th November [Labour Laws]; water)
(b) The Contractor It is not clear where workers taken from the two 2015, 18th December 2015 Item 16 of Table 10.1
does not provide out at the project road works boreholes which indicated 28th January 2016 1.13 of Updated
water to the get drinking water. that the water is safe for e) The Contractor has Environmental and
Contractor’s human consumption. Ref. replaced the jerrycans with [Compliance with Social Impact
Personnel at other No. CRSG/ UG/ KF/ 1628. see through water Laws] Statement (ESIS),
project locations The Contractor has been containers. January 2011
along the road. reminded to conduct
water testing of the water
from the borehole via
Letter Ref. No.
WBT/fo/R34/Contr/1649
Dated 18th Nov 2016.
The Contractor has
submitted a certificate of
analysis from NWSC for
samples taken from
Bigodi Camp and
Kamwenge shallow well

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

taken for routine water


quality testing and the
results showed that the
water is fit for human
consumption. Ref. Letter
No. CRSG/UG/KF/2135
Dated 15th Feb 2017.
1.9 First Aid (a) There is lack of 12th November Non-Compliant Compliant Reminders to Contractor to 6.7 1303 Occupational Safety
first aid on site. 2015 Comply via meetings held at and Health Act, 2006:
a) In accordance with the [Health and [Contract
-There are 10 first aid kits Environment and Social site with Contractor, UNRA Safety] or’s Section 55 (First Aid
(b) Poor Health & & Gauff on:
Safety procured and deployed in Management Plan, the Offices, at the Workplace)
Management. various locations (at the Contractor has provided - 12th Oct 2015 Stores,
camps, quarries and 10 first aid kits which have 6.4 Worksho
There is lack of - 29th Oct 2015 Items 16 and 25 of
record-keeping of offices). Major first aid clinic been deployed in various [Labour Laws]; ps,
is at the Rukunyu trading locations. - 4th Nov 2015 Camps, Table 10.1 of
injuries and Updated
accidents and centre. The contractor has etc.]
Contractor has working 1.13 Environmental and
analysis of the employed a first aid nurse Contractor reminded about Social Impact
reported cases to relations with other two at the First Aid Clinic at the pending issues during [Compliance with
clinics at Bigodi and Laws] Statement (ESIS),
find out the actual camp and ACF Kigarama monthly site held on January 2011
causes and avoid Kamwenge, however no Health Centre at in
formal documentation of this -26th November 2015
future re- compliance with the
occurrence arrangement. Health and Safety Plan. -18th December 2015
Foremen have been -28th January 2016
Contractor has commenced
reporting of accidents with trained to administer First
injuries & fatalities such as Aid in their sections of
the electrocution of an work.
CRSG was instructed to
employee on 23rd Oct 2015 The Fist Aid Kits are display notices showing the
monitored monthly and trained first aiders at the
replenished with various locations where the
medicines. first aid boxes were placed.
b) The nurse at the camp
clinic keeps record of all
injuries addressed and
submits records of the
same to the REs office and
monthly reports.
1.10 Welfare The Contractor has not 30th November Non-compliant Compliant The contractor was 6.6 1303 Occupational Safety
Amenities provided the 2015 The contractor has instructed to construct [Facilities for Staff [Contract and Health Act, 2006:
Contractor’s Personnel constructed a meal shed eating shed during and Labour or’s Section 52
with changing areas, -Only provided at the quarry, inspection and meeting held
contractor has not indicated and gender separated Offices, (Cloakrooms)
temporary sheds in changing areas for the on 12th Feb, 2016 between Stores,
case of extreme when this will be done for Contractor, consultant and 6.4 Section 53(Facilities
other locations Worksho for sitting down)
MGLSD. ps,

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

weather while in the workers at the workshop Contractor reminded about [Labour Laws]; Camps,
field, etc. area. pending issues during etc.]
The Contractor reports monthly site meetings.
1.13
that he has been giving
milk to the surface [Compliance with
dressing and quarry Laws]
workers. He reports that
he has begun giving the
workers who off load
cement as well. Records
of the same are yet to be
received
CRSG/UG/KF/2112 Dated
02nd Feb 2017.
1.11 Registration The Contractor has not 19th November Non-compliant Compliant 6.4 Occupational Safety
of Workplace registered the 2015 The Registration of [Labour Laws]; and Health Act, 2006:
workplace with the workplace certificate from Section 40
department of -Contractor has not shown
evidence that this is in the MGLSD was submitted (Commissioner to
Occupational Safety to RE’s office and copy is 1.13 keep register)
and Health. Thereafter progress.
displayed in Contractor’s [Compliance with
the Contractor is to office. Laws]
ensure display of the
certificate.
1.12 Blasting (a) There is evidence 30th November Non-compliant Not Fully Compliant Reminders to Contractor to 4.14 1221 Occupational Safety
Operations at that the Contractor 2015 Comply via meetings held at and Health Act, 2006
has not addressed a) All the rocks and [Avoidance of [Use of
Stone Quarry boulders in people’s site between Contractor Interference] Explosive Section 23
the issue of flying -Contractor has not (CRSG), Client (UNRA) &
rocks at the quarry documented his blasting garden around s] (Employers’ duty to
Kamwenge quarry Consultant (Gauff) on: 12th persons other than
as a result of the procedures to prove that the Oct 2015, 29th Oct 2015, 6.4
blasting operations public is always cautioned in have been removed by employees)
and yet there were advance and that work is the contractor. 4th Nov 2015, 26th November [Labour Laws];
still houses in the done with- in acceptable 2015, 18th December 2015
b) Compensations: Item 21 of Table 10.1
neighborhood. working hours 28th January 2016 1.13 of Updated
BUSORO QUARRY Letter instructing the [Compliance with Environmental and
(b) The Contractor has -Complaints of non- Contractor to hire a Valuer Social Impact
not compensated compensation remain The Contractor Laws]
decommissioned this to value all PAPs Property Statement (ESIS),
and evacuated unresolved around the and Compensate January 2011
some people quarries quarry at the end of
February 2017 and accordingly Ref.
affected by the WT/mm/R34/Contr/1228 –
quarry and blasting demobilized all the
blasting equipment. 30th March 2016
operations.
Earlier, the Contractor
(c) The Contractor has contributed towards Letter instructing the
not been giving purchase of 40 electric contractor to address
poles for the

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

adequate/ample electrification of the area grievances after the Monthly


warning to the and paid for the tripartite site inspection
public including installation of 6 domestic a) The contractor vide Letter
schools prior to water stand pipes Ref WBT/ mm/ R34/ 1282 of
blasting. installed in Busoro village. 9/5/16 was asked to submit
Full restoration has been shifting and resettlement
completed as at 8th March agreements for Busoro
2017. quarry
KAMWENGE QUARRY a)Ref:
A joint WBT/mm/R34/Contr/1335
UNRA/GAUFF/CRSG/GRC Dated 09.06.2016 &
met the community on 11th Ref:
October 2016 together WBT/mm/R34/Contr/1364
with the Kamwenge Dated 10.06.2016
district official – RDC, RE’s letter to Contractor
CAO, DPC for verification Ref. No.
of all grievances voiced by WBT/bmd/R34/Contr/1425
the community. Dated 15th July 2016
A report of all grievances b) The RE wrote to Contactor
and proposed demanding for an
compensations was explanation on the
prepared by the district Community actions under
technocrats and was letter Ref. No.
submitted to UNRA WBT/hm/R34/Contr/1438
indicating the total
compensation required is d) RE’s letter No.
UGX 32,400,000/- WBT/mm/R34/Contr/149
Dated 30th Aug 2016 raising
A meeting was there after concerns of Kiko crusher
held on the 30th Nov 2016 community.
between the Client, the
Consultant, Contractor RES’ letter Ref. No.
and the District officials WBT/fo/Contr/1722 Dated
where the 06th Jan 2017 requesting
recommendations of the for the payment of the
report were discussed and Social and administrative
the contractor agreed to cost of the Busoro GRC.
full fill all of them.
On the 06th Dec 2016 via
letter Ref. Letter No.
CRSG/UG/KF 2029 the
Contractor submitted a
report indicating all the
payments he had so far
made to the Kamwenge

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

community to the tune of


Ugx. 97,945, 000/-.
In spite of these
payments, the community
remained unsatisfied.
Considering the big
disparity between the
Kamwenge District
leadership values and the
submission of CRSG and
the complaints that
continue to come from the
community, UNRA
resolved to involve the
Chief Government Valuer
(CGV) to assess the whole
compensation process
afresh. This decision to
engage the CGV was
announced to the
community by the UNRA
Executive Director during
her last visit from 04th –
05th Jan 2017.
On 17th January 2017, the
Contractor submitted a
copy of the report
prepared by the
Kamwenge District
officials to the Chief
Government Valuer for
assessment and review.
The result of the review is
awaited.
In view of the above, on
the 30th Jan 2017, the
UNRA land acquisition
team together with the
Consultant and Contractor
conducted a community
engagement in a move to
value the losses of the
Kamwenge community
members. The UNRA team
carried out the valuation

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

exercise and produced a


report. This report was
submitted to the CGV for
evaluation and approval
before any compensation
is made. Approval from
CGV is still awaited as at
28th February 2017.
KIKO QUARRY
A joint
UNRA/GAUFF/CRSG/GRC
meeting held on
Wednesday 5th October
2016 agreed to relocate
the 7 families within 500m
of the quarry for a period
of three months from
October to December
2016. It was agreed that
the Contractor would rent
them alternative
accommodation at UGX
1,000,000 per family for
the three months.
On the 12th Oct 2016, the
Contractor paid the land
Lords the first Installment
of UGX 400,000 per family
for the period from 15th Oct
2016 to 15th Jan 2017 in
preparation for the
relocation.
Consequently, on the 15th
Oct 2016 a total of 8
families (including 1 newly
identified family) were
relocated away from the
Kiko Crusher plant to their
new rented
accommodation.
During the month of Dec
2016, the contractor paid
the 3rd and last installment
amounting to 300,000/- for

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

each of the 8 PAPs that


were relocated away from
the crusher plant.
The Total Amount now
paid is Ugx. 1,000,000/- per
family.
The contractor submitted
records of payment of
relocation allowance to
the PAPs for the period of
15th Feb to 15th March
2017.
The Contractor has
reported that they paid the
PAPs the month ending
15th April 2017. Records
of the same are yet to be
received.
c) The Kamwenge and
Busoro quarries have
been
decommissioned as
at 17th March 2017.
There is no blasting at
Kiko quarry, it is only
used as a stock pile
for materials.
1.13 Safety and The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 6.4 1803 Occupational Safety
Health instituted a Safety and 2015 Comply via meetings held at and Health Act, 2006
S&H program was [Labour Laws]; [Occupati
Program Health program for the incorporated in the site between Contractor onal Section 14 (Safety
project in line with the -Copy of the S&H program (CRSG), Client (UNRA) & and Health measures
was submitted to the R.E; CESMP submitted to the Health
measures proposed in R.E. Consultant (Gauff) on: 1.13 and of employers)
the Contractor’s however this is not yet being
implemented as required. The contractor submits 12th Oct 2015, 29th Oct 2015 [Compliance with Safety]
Environmental and Laws]
Social Management monthly health and Safety 4th Nov 2015
Plan (CESMP) work plans showing Contractor reminded about
health and safety pending issues during
activities. monthly site meetings held.
Implementation of the Tripartite Meeting (client,
S&H Program is being contractor & consultant) held
undertaken through on 23rd March 2016
sensitizations by the specifically to address
Safety Officer. Additional pending matrix issues.
sensitization was done by

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

a Traffic police officer


from Kamwenge district
and UWA Community
Conservation officer.
The Contractor carried out
several health and safety
inspection activities Ref.
Letter No.
CRSG/UG/KF2033 dated
08th Dec 2016 and Ref.
letter CRSG/UG/KF/2023
Dated 08th Dec 2016.
1.14 Meals The Contractor has not 5th November Non-Compliant Compliant Reminders to Contractor to 6.4 1803 Occupational Safety
provided evidence that 2015 Contractor availed copy of Lunch time meals are Comply via meetings held at [Labour Laws]; [Occupati and Health Act, 2006
the cost for the meals sheet showing payment to provided to the workers site between Contractor onal Section 54 (Facilities
consumed by the the food provider for meals. and no deductions to that (CRSG), Client (UNRA) & Health for meals)
workers while on duty The only signatures on the effect are made from their Consultant (Gauff) on: 1.13 and
is not deducted from documentation provided are salary, as required by the - 12th Oct 2015 [Compliance with Safety]
the workers’ salary / of Chinese personnel. contract clauses 6.4 and Laws]
wages. - 29th Oct 2015
Still not clear if cost of meals 1.13.
- 4th Nov 2015
is deducted from workers This is documented in the
salary Workers’ letters of offer.
1.15 Workplace (a) The Contractor has 30th November Compliant Not fully Compliant Reminders to Contractor to 6.7 1803 Workers’
Accidents not provided 2015 Comply via meetings held at Compensation Act,
reports / a) The Contractor started [Health and [Occupati
to provide reports of site between Contractor Safety] onal 2000
documentation on a -Documentation of accident (CRSG), Client (UNRA) &
number of records has been submitted workplace accidents that Health Item 18 of Table 10.1
occur on the project. Consultant (Gauff) on:- 12th and of Updated
accidents. to the RE Oct 2015, - 29th Oct 2015 4.21
b) RE regularly checks the Safety] Environmental and
(b) The Contractor has payrolls to verify that the 4th Nov 2015, 26th November [Progress 1236 Social Impact
made some deductions from Workers’ 2015, 18th December 2015 Reports]; [Safety] Statement (ESIS),
deductions from the salaries are not being 28th January 2016 January 2011
victim’s made to recover medical RE’s letter to contractor 1.13
compensation to costs. No new complaints about unreported accidents;
cover treatment on deductions have been [Compliance with
Letter ref: MGR/fo/R34 Laws]
costs. received. /Contr /1135 dated 25th Jan
The Contractor was 2016
(c) The Contractor has paying some
not been RE’s letter reprimanding
compensation amounts to about repetitive
documenting all some of the accident
project-related electrocution accidents;
victims and fatalities. Letter ref: TW/hm/R34
accidents and However, these amounts
injuries in the /Contr /1267 dated 27th April
were found not to be in 2016.
project safety file line with contractual

12
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

and including provisions [Clause 18.3 RE’s Letter to District Police


details in monthly and 18.4 of the particular Commanders, Kamwenge
safety performance conditions], and in some and Kabarole requesting for
reports. instances victims had not the removal of all trucks and
been compensated. machinery without number
An Insurance Expert plates and in poor
proposed by Gauff was mechanical condition
approved by UNRA on the belonging to CRSG from the
19th Oct 2016 and was road Ref:
commissioned by Gauff to WBT/mm/R34/Client/1328
evaluate the Dated 27th May 2016
compensations paid out to
the accident victims and Details of compensations
advise on the appropriate are included in the
amounts. accident log which is
b) No new complaints on updated monthly.
deductions have been
received.
During the month of Dec
2016, the insurance RE;S letters
expert, having visited and 07th Jan 2017 Ref. Letter No. WBT/fo/R34
interviewed some of the
Contr/1724, 11th Jan 2017 Ref. No. Ref. No.
accident victims,
submitted his final WT/ek/R34/Cont/1730,
assessment report for the
accident victims to UNRA.
The recommendations 19th Jan 2017 Ref. No. WBT/ek/R34
were communicated to
Other/1745 and
CRSG on the 22nd Dec
2016 accordingly. UNRA
wrote to the Contractor
20th Jan 2017 Ref. No.
directing that all
recommended payments
shall be directly deducted
WBT/ek/Contr/1747
from IPC No. 16. The
Contractor agreed to
these deductions which
were to be passed on
directly to the concerned
persons.
11 victims on the accident
log assessed by the
insurance expert received
their compensation as
recommended. 9 victims

13
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

were paid by UNRA mean


while 2 were paid by the
Contractor. Details of this
are recorded in the
accident log.
The Contractor has been
asked to provide the
missing information for
the remaining 14 victims
so that the appropriate
compensation can be
assessed by the Insurance
Expert and necessary
payments made.
The Insurance Expert
visited the Project from
the 09th – 11th March 2017
and was able review
accident related
documentation for 9
victims/claimants.
Following this review, the
claimants were asked to
update their
documentation before
submitting them to him for
inclusion in new report.

14
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

1.16 Compensatio (a) The Contractor has 30th November Non-compliant Compliant Reminders to Contractor to 4.8 Item 15c of Table
n and some unresolved 2015 Comply via meetings held at 10.1 of Updated
issues of a) All grievances earlier [Safety
Grievance recorded here have been site between Contractor Procedures] Environmental and
Redress compensation of -Contractor has not fully (CRSG), Client (UNRA) & Social Impact
workers or members addressed or resolved these addressed.
Consultant (Gauff) on: Statement (ESIS),
of the public affected complaints b) The contractor 4.14 January 2011
by the ongoing works continues to make good in - 12th Oct 2015
e.g.: instances where public th
- 29 Oct 2015 [Avoidance of Contractor’s
(i) Saidi Katongole who facilities are affected by th
Interference]; Environmental and
- 4 Nov 2015
was beaten by a ongoing works Social Management
foreign supervisor particularly in cases of -26th November 2015 and
1.13
last year has never blocked accesses and -18th December 2015 Monitoring Plan
been compensated. storm water management. [Compliance with
-28th January 2016 Laws] (CESMMP)
(ii)Hope Kyomuhendo’s There has been improved
house (at km Contractor was availed with
interaction between the a copy of the updated
173+667) was hit and Contractor and the public
damaged by a tree grievance log sheet with
through the various indication of grievances to
felled by the Grievance Redress
Contractor. She be addressed by CRSG.
Committees to handle any
received grievances that arise. Contractor was instructed to
compensations for avail information in regard to
only the items inside Copies of compensation compensation and
the house and rent for agreements, between the relocation of PAPs around
one (1) month. The Contractor and affected the Busoro Quarry, as
Contractor has not community members have communicated under letter
replaced her house been submitted to the RE. Ref. WBT/ mm/ R34/ contr/
and has not given her 1282 dated 9th May 2016.
more money for rent. (previously attached as
(iii) Generous Appendix L16)
Kabufunzaki’s house Contractor still being
(at km 147+700) is monitored to ensure
continually getting continued compliance
cracks due to the
blasting operations at Tripartite Meeting (client,
the Bukonderwa contractor & consultant) held
quarry. There is also on 23rd March 2016
a huge heap of specifically to address
crushed stone less pending matrix issues.
than 5 m away from
her house. The
Contractor has not
compensated and
relocated her.
(b) The Contractor has
not been regularly
following up and

15
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

making good in
instances where
public facilities and
personal property are
affected by ongoing
works e.g. cases of
blocked accesses,
damaged houses,
storm water flowing
into people’s houses,
storm water flooding
people’s properties,
etc.

16
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

1.17 Workers’ The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 6.4 The Labour Unions
organizations encouraged awareness 2015 Comply via meetings held at Act, 2006
/ sensitization of the Contractor does not indicate Based on information [Labour Laws];
a clear plan on when and obtained from site between Contractor
Contractor’s Personnel (CRSG), Client (UNRA) &
about their rights to how he intends to address Commissioner of MGLSD,
this provision the contractor could not Consultant (Gauff) on: 1.13
form and to join
workers’ organizations. be faulted for not having - 12th Oct 2015 [Compliance with
labour unions in place. - 29th Oct 2015 Laws]
On 13th May 2016 the - 4th Nov 2015
contractor conducted a
sensitization facilitated by -26th November 2015
the District Labour Officer -18th December 2015
– Kamwenge district -28th January 2016
where workers were
informed of their rights to
join workers union of their
choice.
2 SAFETY ISSUES
2.1 Safety on the (a) The Contractor has 19th November Non-compliant Compliant Reminders to Contractor to 4.8 1502 Occupational Safety
Road not put measures 2015 Comply via meetings held at and Health Act, 2006:
in place to prevent a) Temporary speed [Safety [General
humps have been site between Contractor Procedures] Requirem Section 23
over-speeding -Some over speeding still (CRSG), Client (UNRA) &
along the road by reported by community constructed, road signage ents] (Employers’ duty to
have been installed at Consultant (Gauff) on: persons other than
the Contractor’s members 1.13
drivers. necessary locations, and 12th Oct 2015, 29th Oct 2015 employees)
flag men have been th th [Compliance with 1503
4 Nov 2015, 26 November
(b) Some of the Some vehicles (trucks) in deployed at sites for traffic 2015, 18th December 2015, Laws] [Tempora
poor mechanical condition guidance. ry Traffic Items 9 and 29of
Contractor’s th
28 January 2016 Table 10.1 of
vehicles are not still operating on the road Permanent speed humps Control
TW/hm/R34/Contr/1267 – Facilities] Updated
roadworthy in have been constructed in Environmental and
contravention of several locations on the 27th April 2016
Social Impact
the Traffic Laws, finished road section from d) Ref: Statement (ESIS),
with Kamwenge – Kibale WBT/hm/R34/Contr/1387 January 2011
(i) no registration Forest. The Contractor Dated 23rd June 2016 &
(number) plates, has begun constructing Ref: WBT/fo/Contr/1410
(ii) no lights, and and painting rumble strips Dated 06th July 2016
(iii) no proper brakes. near the humps to warn WBT/bmd/R34/Contr/1425
drivers before the humps. Dated 15th July 2016
(c) Stockpiles (heaps) b) The vehicles that are
of materials placed WBT/hm/R34/Contr/1439
not roadworthy have been Dated 23rd July 2016
along the road and removed from the work
at junctions pose site by the help of OC
risk to road users. Traffic Police, Kabarole.

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

No accidents registered WBT/FO/r34/Contr/1724


from month of Feb 2017 Dated 07th Jan 2017
to date WT/ek/R34/Contr/1730
Dated 11th Jan 2017
WBT/ek/R34/Contr/1747
Dated 20th Jan 2017
2.2 Temporary The Contractor has not 5th November Non-compliant Compliant a) RE’s letter reminding the 4.8 1502 Occupational Safety
Barriers provided temporary 2015 The Contractor is contractor to put the [Safety [General and Health Act, 2006:
barriers, reflector providing reflector tape necessary measures in Procedures] Requirem Section 23
tapes and adequate - Temporary barriers at place Ref:
dangerous locations were and temporary barriers at ents] (Employers’ duty to
warning signs at locations deemed WBT/hm/R34/Contr/1387 persons other than
locations of the edges still not adequate as of date Dated 23rd June 2016 & 1.13
of deadline dangerous to road users. employees)
of the affected culvert Ref: WBT/fo/Contr/1410 [Compliance with
locations; thus posing a The contractor has placed Dated 06th July 2016
more temporary barriers Laws]
high risk of children, RE’s letter reminding the
vehicles and animals on grade separated road
sections. contractor to improve on
falling over the edges Temporary barriers
of the culverts. Regular monitoring is to WBT/bmd/R34/Contr/1425
be continued to ensure Dated 15th July 2016
consistence in
compliance.
2.3 Personal The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.8 1803 Occupational Safety
Protective provided some of the 2015 The contractor provides Comply via meetings held at [Safety [Occupati and Health Act, 2006:
Equipment workers with adequate all workers with reflector site between Contractor Procedures] onal Section 19
and appropriate -Some PPE is provided, (CRSG), Client (UNRA) &
however Contractor does jackets, Protective Health (Employers to provide
personal protective clothing and shoes. Job Consultant (Gauff) on: and protective gear)
gear including safety not provide evidence 1.13
indicating distribution of specific PPE like gloves, - 12th Oct 2015 Safety] Section 91 (Provision
shoes, and some job and noise masks are also th Compliance with of personal protective
specific PPE such as PPE to the workers in the - 29 Oct 2015
recent past given out. th
Laws] gear)
gloves, googles, - 4 Nov 2015
masks, etc. Enforcement of the PPE Item 18 of Table 10.1
usage is being of Updated
undertaken. Environmental and
The RE has written Social Impact
informing him that Statement (ESIS),
beginning Nov 2016, he January 2011
shall start to deduct 50%
of the PPE item on the IPC
until he has issued all
workers including sub-
contract workers with
appropriate PPE.
As a result, by end of the
month of December 2016,

18
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

the Contractor has issued


all the sub-contract
workers with PPE.
This is being closely
monitored to ensure
continued compliance.
2.4 Safety The Contractor has not 5th November Non-compliant Compliant Reminders to Contractor to 4.8 1511 Occupational Safety
Signage placed adequate and 2015 The Contractor has Comply via meetings held at [Safety [Signs, and Health Act, 2006
appropriate safety provided temporary safety site between Contractor Procedures] Barriers Section 25 (Employer
signage and reflector - Safety signage along road (CRSG), Client (UNRA) &
was still not adequate as of signage along the road to and to display guide
tape at all project warn / caution the public, Consultant (Gauff) on: Temporar safety precautions)
locations including 5th November 2015 1.13
including permanent y
diversions, roads signage in the almost- [Compliance with Fencing,
leading to and at a) RE’s letter reminding the Item 25 of Table 10.1
finished sections of the contractor to improve on Laws] Gates
quarries and borrow project. and Grid of Updated
pits. Safety signages Environmental and
With the road progress at WBT/bmd/R34/Contr/1425 Gates]
Social Impact
over 92% as at 28th Dated 15th July 2016 Statement (ESIS),
February 2017, permanent Contractor still being January 2011
road signs have been put monitored to ensure
in place up to Km 203+700, continued compliance
and temporary ones
continue to be placed on
the road sections still
under construction.
Regular monitoring is
being done to ensure
consistent compliance.
2.5 Fire Safety The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 6.4 1803 Occupational Safety
Management put in place adequate 2015 Fire extinguishers were Comply via meetings held at [Labour Laws]; [Occupati and Health Act, 2006
fire safety measures at delivered on 26th Feb, 2016 site between Contractor onal Section 60
the camp and other - Fire Extinguishers have (CRSG), Client (UNRA) &
been provided at camp to replace the used ones Health (Occupiers’ duty to
project locations. and Contractor’s staff Consultant (Gauff) on: 1.13 and ensure adequate fire
and quarries, however
staff have not been trained were trained on how to use - 12th Oct 2015 [Compliance with Safety] response)
in how to operate these them in accordance with - 29th Oct 2015 Laws]
gadgets the Safety Management
Plan prepared by the - 4th Nov 2015 Item 17 of Table 10.1
Contractor. -26th November 2015 of Updated
Environmental and
A fire fighting and -18th December 2015 Social Impact
emergency drill was -28th January 2016 Statement (ESIS),
conducted on the 07th Oct January 2011
2016. Ref. Letter

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

CRSG/UG/KF/1906 Dated
12th Oct 2016.
Emergency assembly area
has been designated in
the camp in case of fire
outbreak.
Sand heaps have been
provided close to fire
vulnerable areas to
supplement fire
extinguishers.
Fire extinguishers were
checked and empty ones
replaced in Jan 2017.
3 ENVIRONMENTAL ISSUES
3.1 Quarry The Contractor has not 5th November Non-compliant Compliant Reminders to Contractor to 4.18 Section Clause 3.0 (xvii) of
Activities been observing the 2015 The Kamwenge and Comply via meetings held c [Protection of the 1700 the conditions of
time for quarry Busoro quarries have at site with Contractor, Environment] [Environ approval for the
activities including As of deadline, UNRA & Gauff on: Certificate of
Communities still reported been decommissioned as mental
crushing and servicing at 17th March 2017. 12th Oct 2015, 29th Oct Protectio Approval of
of the crusher outside late working hours – beyond 1.13 Environmental Impact
18:00hrs. There is also no more 2015, 4th Nov 2015 n and
the time (06-18.00 [Compliance with Waste Assessment for
hours) recommended crushing is taking place at Meetings held with affected Kamwenge stone
Kiko quarry, it is only used communities in presence of Laws] Disposal]
by NEMA. quarry; Certificate No.
as a stock pile for contractor’s environmentalist 6190
materials and no more with aim of verifying
night time activities are complaints / claims
taking place at the Contractor reminded about Items 15c and 25of
quarries. pending issues during Table 10.1 of
monthly site meetings. Updated
Environmental and
Contractor still being Social Impact
monitored to ensure Statement (ESIS),
continued compliance. January 2011
3.2 Control of The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 4.18 1708 Clause 3.0 (xix) of the
Dust from the been controlling dust 2015 - Wet crushing is The Kamwenge and Comply via meetings held at [Protection of the [Dust conditions of approval
Quarry from the quarry still not fully Busoro quarries have site with Contractor, UNRA Environment] Abateme for the Certificate of
whereby the Contractor adopted and of been decommissioned as & Gauff on: - 12th Oct 2015 nt] Approval of
is required to strictly late there are at 17th March 2017. - 29th Oct 2015, 4th Nov Environmental Impact
observe wet crushing more incidences 2015 1.13 Assessment for
at all the time. There is also no more Kamwenge stone
of dry crushing crushing is taking place at Meetings held with affected [Compliance with
with high dust quarry; Certificate No.
Kiko quarry, it is only used communities in presence of Laws] 6190.
production

20
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

as a stock pile for contractor’s environmentalist


materials and no more with aim of verifying Item 15b of Table
night time activities are complaints / claims 10.1 of Updated
taking place at the Quarry operations Environmental and
quarries. previously stopped by Social Impact
supervising environmentalist Statement (ESIS),
when dry crushing has been January 2011
found to be taking place.
Warning letter on dry
crushing at Kiko Ref.
WBT/mm/R34/Contr/1382
dated 21st June 2016.
3.3 Dust and The Contractor’s 12th November Non-compliant Compliant The OC Traffic for 4.18 1708 Items 13, 14 and 15e
Noise along operations and 2015 Kamwenge and Kabarole of Table 10.1 of
vehicles produce too A lot of noise is still Construction equipment [Protection of the [Dust
the Road produced along the road by and trucks are in a good districts were requested Environment] Abateme Updated
much dust and noise through letter ref.: Environmental and
for the communities; old trucks which are not in mechanical condition with nt]
very good mechanical normal moving parts not WBT/R34/Contr/1328to Social Impact
and: remove all trucks and Statement (ESIS),
(a) the Contractor has conditions. causing excessive friction
which would make a lot of construction equipment 1709 January 2011
not been regularly - Currently dust is naturally without Number Plates and
watering the road suppressed by the rains, noise. [Noise
in dangerous mechanical Abateme
operations so as to however, on dry days, the The incidence of dust condition which were
manage dust, and road is dusty and the nuisance has drastically nt]
making a lot of noise. This
contractor makes no reduced with the works at exercises se has been
(b) The Contractor has efforts to suppress the 92% (end of Feb 2017) accomplished by removal of
not devised means dust except sections of the progress and primed these trucks which has had
of managing or road where works needing surface at Km 208+100 as a positive impact on noise
limiting noise. watering are on- going at 17th March 2017 reduction by movement of
The Contractor carries out these machines.
dust suppression by
watering in sections
where dust generating
works are on-going.
3.4 Dump Sites The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 1703
carried out landscaping 2015 Dump site 192+800 – Comply via meetings held at 4.18 [Landsca
and top-soiling of the 193+100 LHS have been site with Contractor, UNRA pe
closed dump sites at - The dump site is & Gauff on:- 12th Oct 2015 [Protection of the
currently experiencing landscaped and natural Environment] Preservat
km 192+800 – regeneration of vegetation 29th Oct 2015, 4th Nov 2015 ion and
193+100 LHS erosion due to loose soil
without vegetation cover. cover at Km 193+100 LHS Re-
is taking place whereas vegetatio
the elephant grass planted n]
to stabilize the slopes at

21
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

km 192+800 LHS is
progressing well.
This is in compliance with
the requirements of the
contract clauses 4.18
3.5 Restoration The Contractor has not 19th November Non-compliant Compliant Instruction letter for full 4.18 1703(e) Item 15a of Table
of Quarries carried out full 2015 The quarries at Km restoration and handover 10.1 of Updated
159+700 RHS and [Protection of the [Quarries,
restoration of quarries the site to the owner dated Environment] borrow Environmental and
at km 159+700 - The two quarries still need Km172+000 RHS 21.07.2016 Social Impact
to be top soiled and allow respectively have been pits and
(Katooma) and km storage Statement (ESIS),
172+000 (Bigodi- natural regeneration of fully restored in January 2011
vegetation cover compliance with the areas
Bujongobe) in etc.]
preparation for handing requirements of the
them over to the contract clauses 4.18.
owners.
3.6 Used Oil The Contractor has not 30th November Non-compliant Compliant Reminders to Contractor to 4.18 1712 Clause 2.0 (xi) ofthe
obtained a hazardous 2015 Used oil at the main Comply via meetings held at [Protection of the [Pesticide conditions of approval
waste storage, mechanical workshop is site with Contractor, UNRA Environment] s, Toxic for the Certificate of
transportation and Used oil is collected into & Gauff on: - 12th Oct 2015 approval of
drums and stored in the collected and Waste
disposal permit which containerized in drums in - 29th Oct 2015 and Environmental Impact
covers storage and open which has stained the 1.13 Assessment for
surface. Furthermore, there a sheltered area with - 4th Nov 2015 Hazardou
disposal of used oil. concrete floor at Bigodi [Compliance with s Kamwenge stone
is careless handling of oil at To ensure observance of quarry; Certificate No.
all mechanical workshops camp. Laws] Substanc
continued compliance, the es] 6190
evidenced by stained In absence of hazardous consultant continuously
surface wastes permit for storage Item 10 of Table 10.1
monitors the collection, of Updated
and disposal from NEMA, handling and storage of
the contractor has signed Environmental and
used oil on weekly basis. Social Impact
a contract with, Scrap
Centre Ltd, a NEMA Statement (ESIS),
licensed waste handling January 2011
company to transport and
dispose of all used oil
from site.
3.7 Sanitation The Contractor has not 19th November Non-compliant Compliant Contractor reminded about 6.6 1713(b)(i) Items 16 and 18of
Facilities provided adequate 2015 The two stance pit latrine is The three sanitation pending issues during [Facilities for Staff [Disposal Table 10.1 of
sanitation facilities at still in use and all facilities at the camp site monthly site meetings from and Labour]; of waste Updated
mechanical workshop/ construction sites still lack are deemed adequate for November 2015 to March, material] Environmental and
parking yard and sanitation facilities the number of workers at 2016 and is continuously Social Impact
construction sites, the camp. reminded of the deplorable 4.18 Statement (ESIS),
namely the Contractor state of facilities provided [Protection of the January 2011
has not replaced the The Contractor has built and encouraged to improve
better latrine facilities at Environment]
two-stance pit latrine in this area.
with four water borne Busoro Quarry and Kiko

22
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

toilets and has not quarry desegregated into Contractor reminded of his
provided mobile toilets male and female. Water obligation to comply with
to all construction sites. and soap has been clause 1713 (b) (i) General
provided at these Specifications for Road and
facilities. Bridge Works during
tripartite Meeting (client,
contractor & consultant) held
on 28th April, 2016
specifically to address
pending matrix issues
3.8 Construct- The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 National Environment
ion across obtained a permit to 2015 No information from the The contractor obtained Comply via meetings held at [Protection of the (Wetlands,
Water Course undertake construction contractor about this issue construction water permit site with Contractor, UNRA Environment] Riverbanks and
across water which covers construction & Gauff on: - 12th Oct 2015 Lakeshores
course/river and across water bodies on 29th Oct 2015, 4th Nov 2015. Management)
specifically Lake 23rd April, 2016 from Contractor reminded about 1.13 Regulations,23
Nyabikere. Directorate of Water pending issues during [Compliance with
Development in monthly site meetings Laws] Item 20 of Table 10.1
accordance with Permits submitted by CRSG of Updated
requirements of are surface water Environmental and
Environment Act, cap 153 abstraction permits dated 4th Social Impact
and Water Resources Nov 2014 and valid for 5 Statement (ESIS),
Regulations, 1998. years. January 2011
3.9 Kibale Forest The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 [ Uganda Wildlife Act,
obtained a permit/ 2015 Authorization to work in Comply via meetings held at Protection of the Cap 200
approval from Uganda the forest was obtained site with Contractor, UNRA Environment] Items 8 and 19 of
Wildlife Authority No permit from UWA yet & Gauff on: - 12th Oct 2015
and the main works in the 1.13 Table 10.1 of
(UWA) to work in forest have been th th
29 Oct 2015, 4 Nov 2015 Updated
Kibale Forest. completed as of 28th [Compliance with Environmental and
No objection given by UWA Laws]
February 2017 in meeting at UWA offices Social Impact
on 20th January 2016 and Statement (ESIS),
followed by letter from RE to January 2011
CRSG, Ref:
WBT/fo/R34/Contr/1132
dated 23rd Jan 2015.
3.10 Environment The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.18 Contractor’s
al Audit submitted an 2015 The Environmental Audit Comply via meetings held at [Protection of the Environmental and
Report Environmental Audit was carried out on behalf site with Contractor, UNRA Environment] Social Management
report; which was No information about this & Gauff on: 12th Oct 2015,
issue from the contractor of the Contractor by GEO and
supposed to be TAXON CONSULT LTD 29th Oct 2015, 4th Nov 2015
submitted by 1.13 Monitoring Plan
and the Audit Report was (CESMMP); page 17
September 2015.

23
CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

submitted to NEMA on 27th Contractor reminded about [Compliance with


October 2016 for approval. pending issues during Laws]
monthly site meetings.
Contractor was instructed to
take this matter seriously
and engage a registered
Environmental Auditor to
undertake this exercise as
soon as possible.
4 RESOURCES MOBILIZATION ISSUES
4.1 Contract The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 6.1 Minute 4(vii) of
Manager provided a Contract 2015 The Contacts Manager Comply via meetings held at [Engagement of Management Meeting
Manager, with provided by the site with Contractor, UNRA Staff and Labour]; No. 2 of 16th October
appropriate Contractor has been & Gauff on: 2014
professional approved by the RE - 12th Oct 2015
qualifications and 6.8
similar recent - 29th Oct 2015
[Contractor’s
experience, who would, - 4th Nov 2015 Superintendence];
among other duties, Contractor reminded about
analyze the Contract pending issues during
documents and monthly site meetings held 6.9
prepare and on; [Contractor’s
continuously update Personnel]
the plan for performing -26th November 2015
the Contractor’s -18th December 2015
obligations with respect -28th January 2016
to all aspects of the
project such as
compliance with the
Specification;
Conditions of Contract;
social, environmental,
safety and health
requirements, etc.
4.2 Pavement The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 6.1 [Engagement Letter from the
Engineer provided a Pavement 2015 The Pavement Engineer Comply via meetings held at of Staff and Engineer to the
Engineer required for provided by the site with Contractor, UNRA Labour] Contractor ref.
the proper execution of Contractor has been & Gauff. 6.8 [Contractor’s MGR/fo/R34/Contr/89
the pavement works. approved by the RE. Letter Ref. MGR/fo Superintendence]; 4 of 2nd September
/R34/Contr/894 of 2nd 2015.
6.9 [Contractor’s
September 2015. Personnel]

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CIVIL WORKS FOR THE UPGRADING OF THE KAMWENG-FORT PORTAL ROAD TO PAVED (BITUMINOUS) STANDARD [CONTRACT NO. TSDP/HW/C003]
CONTRACTOR’S FAILURE TO COMPLY WITH THE CONTRACT REQUIREMENTS

4.3 Mobilization The Contractor has not 19th November Non-compliant Compliant Reminders to Contractor to 4.1 (a) Minute 4(bb) of
of Adequate mobilized adequate 2015 Comply via meetings held at Management
The contractor has [Contractor’s Meeting No. 2 of
Resources Contractor’s Equipment mobilized additional site with Contractor, UNRA General
necessary for & Gauff on: 12th Oct 2015 16th October
equipment which meets Obligations]; 2014
proceeding with the the requirements of the 29th Oct 2015, 4th Nov 2015
Works in accordance 4.17 [Contractor’s
provisional programme of Tripartite Meeting (client, Equipment]; (b) Clause 3 of the
with the Contract. works. contractor & consultant) held 8.1 Contract
The Contractor’s on 23rd March 2016 Agreement
Equipment Mobilization is specifically to address Commencement signed between
included in the pending matrix issues. of Works]; the Contractor
Contractor’s monthly 7.1 [Manner of and the
reports. Execution] Employer
5 FINANCIAL ISSUES
5.1 Advance The Contractor has not 5th November Non-compliant Compliant Reminders to Contractor to 14.2 (a) Terms of the
payment fully demonstrated that 2015 Comply via meetings held at Advance
In accordance with the [Advance Payment
all the advance Contract, the advance site with Contractor, UNRA Payment]
payment was used for - As of 12th November 2015, & Gauff. Guarantee
the Contractor had still not payment, which is for the (b) Minute 3 of
its proper purpose. Contractor’s cash flow Contractor reminded about
fully demonstrated that all Management
the advance payment was support, is supposed to be pending issues during Meeting No. 2 of
used for its proper purpose. recovered monthly site. 16th October
(proportionately) from the Letter from the Engineer to 2014
time the progress of the the Contractor ref. (c) Letter from the
works is 30% and fully R34/Contr /022 of 13th Engineer to the
recovered by the time the October 2015 previously Contractor ref.
works progress is at 90%. attached as Appendix L22 R34/Contr /022
On 15th March 2017, the of 13th October
Contractor submitted IPC 2015.
No. 19 for works executed
from August 2016 up to
January 2017 when the
progress was reported as
90.6% and in this IPC, they
have proposed to recover
all the outstanding
Advance Payment.

25

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