the ui ted republic of tazai a prime mii ster’s office...

THE U�ITED REPUBLIC OF TA�ZA�IA

PRIME MI�ISTER’S OFFICE

REGIO�AL ADMI�ISTRATIO� A�D LOCAL GOVER�ME�T

MAI�TE�A�CE SYSTEMS FOR DISTRICT ROADS I�

TA�ZA�IA

Road Maintenance Contracting Manual

Version 1: February 2013

Improved Maintenance Systems for District Roads


i

Contents

1 Introduction ............................................................................................................................... 1

District Road Maintenance ........................................................................................................... 1

Scope of Manual ........................................................................................................................... 1

Definitions ..................................................................................................................................... 2

Applicable Standards .................................................................................................................... 2

Maintenance Timetable ................................................................................................................ 3

Layout of the Manual .................................................................................................................... 3

2 Conventional (Time Based) Contract ......................................................................................... 1

Description .................................................................................................................................... 1

Application .................................................................................................................................... 1

Steps .............................................................................................................................................. 1

3 Framework Contract .................................................................................................................. 2

Description .................................................................................................................................... 2

Application .................................................................................................................................... 2

Steps .............................................................................................................................................. 3

4 Performance-Based Contract (PMMR/OPRC) ............................................................................ 5

Description .................................................................................................................................... 5

Application .................................................................................................................................... 6

Steps .............................................................................................................................................. 6

5 Community Based Contracts ...................................................................................................... 8

Description .................................................................................................................................... 8

Application .................................................................................................................................... 8

Steps .............................................................................................................................................. 9

Appendix 1 Standard Contract forms - Framework .............................................................................. 11

Appendix 2 Standard Documents/Templates (PMMR/OPRC) .............................................................. 13

Appendix 3 Standard Documents / Forms for Community Contracts .................................................. 32



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Abbreviations & Acronyms

BDS Bid Data Sheet

BoQ Bills of Quantities

CBO Community Based Organisation

CDO Community Development Officer

CMT Council Management Team

GCC General Conditions of Contract

Km Kilometre

LGA Local Government Authority

Mio. Million

OPRC Output and Performance Based Road Contract

PE Procuring Entity

PMMR Performance Based Management and Maintenance of Roads

PMO-RALG Prime Minister’s Office – Regional Administration and Local Government

PPRA Public Procurement regulatory Authority

TShs Tanzanian shilling



1

1 Introduction

District Road Maintenance

District roads serve mainly local transport. Most are earth and gravel roads carrying little motorized

traffic. These types of roads are relatively inexpensive to construct but require effective

maintenance. They are administered by local government authorities (LGAs). District road network is

extensive and a major public asset.

Maintenance of district roads has been, and still is, challenging despite the increased funding for

maintenance from the Roads Fund and Local Government Authorities (LGA) own sources. The

maintenance contracting systems that are being applied on district roads have not been able to fully

resolve the issue of keeping the roads in good condition for most of the year. Timely road

maintenance is important because it sustains the quality and safety of the road. It is also cheaper to

regularly maintain a road in whole life cost terms.

Scope of Manual

This Road Maintenance Contracting Manual describes the different types of contracts that may be

used by the LGAs for maintenance of the roads under their jurisdiction. The purpose of the manual is

to assist the LGA engineers to make decisions on what type of contract to be applied to maintain a

road or a network of roads depending on the importance of the road(s), maintenance needs and

available resources (financial and technical). The manual does not cover the contracts management

aspects nor does it guide on use of labour based vs. machine based contractors. The Road

Maintenance and Management System for District Roads prepared by PMO-RALG could be

consulted for guidance on the above mentioned aspects.

Four types of contracting maintenance works will be covered in this Manual namely

i) Conventional (time based) contracts;

ii) Long Term Framework contracts;

iii) Long Term Performance Based contracts; and

iv) Community contracts.

The table below summarises the different types of contracts included in this Manual and the

maintenance works where they could be best applied:-

s/n Contract Type Maintenance works

1 Conventional (Time Based) Periodic maintenance, spot improvement and drainage works

2 Framework Mix of periodic maintenance, spot improvement, drainage works

and routine maintenance

3 Performance Based Mix of periodic maintenance, spot improvement, drainage works

and routine maintenance

4 Community Routine maintenance



2

Definitions

For the purpose of this Manual the following ‘road maintenance’ definitions apply:-

(a) Routine Maintenance: all maintenance works required continuously or at frequent

intervals during the year on every road whatever its engineering characteristics or

traffic volume. It comprises activities such as grass cutting, drain cleaning, culvert and

bridge cleaning as well as the maintenance of road furniture and bridge guardrails

maintenance, surface patching, edge repair, crack sealing, and line remarking, and also

on unpaved road grading, shaping, and pothole repairs.

(b) Bridge Maintenance: all maintenance works on bridges that aim to repair or restore the

bridge and its various components to the original specification. Upgrading by widening

or improving a bridge beyond its original design is a development activity and is not

included.

(c) Spot Improvement: maintenance works carried out on paved and unpaved roads on

short sections of roads in order to ensure a reasonable level of passability, and

comprises activities such as road surface repairs, embankment repairs, culvert and

drainage repairs, localised road reshaping and re-gravelling, and the construction of

diversions. Spot improvement is usually carried out on sections/locations where

accessibility is restricted/hampered due to washouts, poor soils, inadequate drainage

structure, etc.

(d) Emergency Works: All activities on paved and unpaved roads required to open or repair

roads or bridges after a natural or other unforeseen disaster such as landslides, falling

trees and boulders, major accidents with damage and blockage of the road and natural

events like floods. Such works are normally executed immediately following the

occurrence.

(e) Periodic Maintenance: Planned maintenance works carried out at intervals of several

years. Some activities included here are also referred to as preventative maintenance.

Typical activities on paved roads include resealing, overlays, and shoulder re-forming.

Pavement layer reconstruction or the addition of a pavement layer is not included here,

but under rehabilitation. Typical activities on unpaved roads include re-gravelling,

reshaping and cross-section reforming.

Applicable Standards

In the course of preparing the tender documents and programmes for the maintenance of the

district roads, the focus should be on provision of access. This is in line with the objectives of the

Local Government Transport Programme (LGTP). The standards of roads in the districts will be those

that will suffice for prevailing traffic level. Most of the districts roads have less than 20 vehicles per



3

day and, therefore, often do not require gravel surfacing1. Well-maintained earth roads are

sufficient to cater for these levels of traffic.

Maintenance Timetable

The chart below shows the most appropriate timing for different steps in the procurement cycle and

implementation of road maintenance contracts. This applies to an area with one main rainy season

and needs to be adapted for areas with two rainy seasons.

TIMING FOR PREPARATION, PROCUREMENT AND IMPLEMENTATION OF ROAD MAINTENANCE

WORKS

Season

Month Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Financial Year months 1 2 3 4 5 6 7 8 9 10 11 12

Contract prep/sign:

Routine maintenance prep. sign

Spot Imp./Per.mtce. sign

Bridge and culverting works tend. sign

Contract implementation

Routine maintenance

Spot Imp./Per.mtce.

Bridge and culverting works

tenderprepare

tenderprepare

cool/dry

tender prepare

cool/dryrainswarm/dry

Layout of the Manual

Chapters 2 to 6 explain the different contracting systems and recommendations on where and how

they could apply; the advantages and disadvantages of each and the steps to be taken in the

preparation of the contracts. The Annexes contain the basic forms and wording that are necessary

for the different contracting systems. Other documents that have to be used in conjunction with this

Manual are mentioned wherever necessary.

1 World Bank’s Technical Note on Rural Transport and Community Driven Development – March 2003



1

2 Conventional (Time Based) Contract

Description

This is an ad-measurement contract whose duration may vary between 2 to 6 months depending on

the scope of works to be undertaken. This type of contract is appropriate for executing works which

can be easily quantified and need to be carried out within a specified time. It is not ideal for routine

maintenance works.

Application

This type of contract is suitable for periodic maintenance, spot improvement or specific drainage

works (drains, culverts and bridge construction). The works could be on any class of road.

The standard documents issued by the Public Procurement Regulatory Authority are used when

inviting bids. The type of documents to be used will depend on the value of the works. The

documents available are:-

a) Standard Bidding Documents for Procurement of Smaller Works – National competitive

bidding;

b) Standard Invitation for Quotations for Procurement of Minor works (for works of value less

than the specified ceiling2).

The specifications for the works could be the Standard Specifications for Roads and Bridges Version

2000 prepared by Ministry of Works or any other specifications that have been prepared for such

purposes.

Steps

� Visit the site(s) where the works are to be undertaken and decide the nature of works to be

carried out;

� accurately measure the quantities of work and prepare Bills of Quantities that are adhere

to the specifications;

� Prepare the ‘engineer’s estimates based on the realistic unit rates;

� Decide on the type of tender document to be used depending on project cost and taking

into account the regulations of the Public Procurement Act;

� Prepare tender documents and follow the procurement procedures to engage a contractor;

� Supervise the works and measure the completed works for payment purposes;

� Carry out a inspection and draw a snag list to be implemented by the contractor within the

defect liability period

� Carry out a final inspection and accept the works.

2 According to PPA the ceiling is TShs 100 million



2

3 Framework Contract

Description

A ‘Framework Contract’ gives the client control over what needs to be carried out at any given time.

It is implemented as an ad-measurement contract with longer contract duration of up to 12 months.

Works are carried out by the contractor upon receiving a Site Instruction / Work Order from the

supervising engineer. The works to be executed under this type of contract may include all

maintenance works i.e. periodic, spot improvement and routine. The works are quantified and a

BOQ prepared covering the expected maintenance works to be undertaken during the duration of

the contract. Quantities of works of a repetitive nature are computed taking into account the

number of times such works will be undertaken e.g. quantities for vegetation control, pot hole filling,

de-silting of drains activity should allow for same work to be carried out twice or thrice over 12

months depending on the weather pattern of a particular location.

Application

Framework contracts may be used for road maintenance works of any nature and during any period

of the year. The system is more appropriate for maintaining the roads which are considered to be

part of the ‘core road network’ and which need regular attention. The advantages of this type of

contract are:-

a. the possibility of executing works of different nature depending on the weather, and

b. reduced number of procurements of contractors.

The work order system also gives the flexibility to vary the amount and timing of works depending

on the exact amount and timing of the road funds received in the council. The disadvantage is the

increased costs for supervision as more visits to the roads have to be undertaken (for preparing work

orders and inspection of executed works).

The standard documents issued by the Public Procurement Regulatory Authority contract are used

when inviting bids. The type of documents to be used will depend on the value of the works. The

documents available are:-

a) Standard Bidding Documents for Procurement of Smaller works – National

competitive bidding;

b) Standard Invitation for Quotations for Procurement of Minor works (for works of

value less than the specified ceiling)

The bidding documents issued by the PPRA have to be slightly modified to include a provision for

executing works upon receiving instructions from the supervisor. The following additions shall be

made in the tender documents:-

a) Instructions to Bidders:

i) Title of the Project shall read ‘Periodic/Spot/Routine Maintenance of following roads in …….

District and located in ………………. wards under Framework Contract:

1. ……………….



3

2. ……………….. (insert names of the roads and their lengths)

ii) Clause 1.1 of the Instructions to Bidders shall read as follows:

The Procuring Entity (PE) indicated in the Bid Data Sheet (BDS) invites bids for the carrying out of

road maintenance works specified in the BDS and described in Section of Technical Specification. Bids

are invited for an estimated quantity of Works, as specified in BDS, under a framework contract

arrangement.

iii) Clause 1.2 of the Instructions to Bidders -shall read as follows

The successful Bidder will be expected to undertake the works during the period specified in the Bid

Data Sheet.

The following paragraphs shall be included in the part A of the ‘Instructions to Bidders’ to bring to

the attention of the bidders of this requirement:-

1. The works shall be executed following the issuance of periodic ‘work orders’ by the Engineer

according to maintenance needs and priorities. The work order shall indicate the works to be carried

out at specific road locations over a period of time. Works shall be scheduled by the District Engineer

using the ‘site instruction/work order’ form M-1 with details of the type and location of the work and

measurements of work to be carried out and recorded in ‘measurement’ form M-2.

2. Works shall be scheduled to cover a period of three (3) months. However, in exceptional cases, works

shall be scheduled for periods shorter than three (3) months.

b) General / Special Conditions of Contract:

The clauses relevant to ‘Construction and Installation of the Works’ shall include the following

statement –

‘Works shall be carried out intermittently upon receipt of a Site Instruction / Work Order from the supervisor

and be completed within the period stated in the Site Instruction / Work Order.

The clause on ‘Submission of Programme of Works’ shall state that the contractor shall submit a

Programme of Works for works ordered within seven days of receipt of a Site Instruction/Work

Order

The clause on ‘Defects Liability’ shall state that the defects liability periods’ duration will depend on

the works executed under each Site Instruction/Work Order.

Steps

� Visit the site(s) where the works are to be undertaken and decide the nature of works to be

carried out;

� accurately take measurements of the quantities of works for the different maintenance

interventions expected to be undertaken during the contract duration and prepare Bills of

Quantities which are related to the specifications;

� Prepare the ‘engineer’s estimates’ based on the realistic unit rates;

� Decide on type of tender document to be used depending on project cost and taking into

account the regulations of the Public Procurement Act. Include the paragraphs mentioned

above in the instructions to bidders and the conditions of contract;



4


� After signing of the contract and handing the site to Contractor, prepare and issue the Site

Instructions/Work Orders bearing in mind the following:-

• Works shall be scheduled to cover a period of three (3) months. However, in

exceptional cases, works shall be scheduled for periods shorter than three (3)

months.

• The work instructions must preferably be handed to the contractor one to two

weeks prior to start of the particular works covered by the instruction, to enable the

contractor to make arrangements to commence work within any agreed start–up

date. The Contractor will be required to submit a work programme showing the

timing for execution of each work ordered.

• The spread and quantum of works per work order shall ensure that the contractor’s

resources are efficiently utilized.

• The activities shall be scheduled with due consideration to climatic and seasonal

conditions. It should be noted that some activities are preferably performed before

or after rainy seasons.

• Where appropriate, specify the activities that shall precede any particular activity. In

the execution of works, the sequencing of activities shall be adhered to.

� For activities requiring more than one (1) frequency, the scheduling shall be done taking into

consideration the duration of the contract and the timing of activities.

� Carry out a final inspection and acceptance of the works.



5

4 Performance-Based Contract (PMMR/OPRC)

Description

This type of contract places the focus for maintenance works strongly on delivering a quality level-of-

service for road users. It reduces the cost of works, and is successful in committing adequate

maintenance funding over the longer-term. A priority core road network of at least 100 km length

could be adequately maintained over a long period using this system.

The contract prescribes the works that have to be undertaken to bring the road network to a

maintainable state, referred to as ‘improvement works’, and also specifies the ‘service levels’ which

define the required condition of the roads under the contract that the contractor has to sustain

when carrying out ‘maintenance works’ over the contract duration. If the contractor attains these

service levels he/she is paid a standard, agreed amount each month, irrespective of his actual

monthly inputs for any particular month. The duration of the contract could be up to one year.

These contracts are becoming popular due to following reasons:-

– Assured maintenance of roads for a longer period.

– Ability to manage the road network with fewer staff.

– More certainty over level of expenditure (minimal claims).

– Better road user satisfaction.

The table below shows advantages and disadvantages of this type of contract:

Entity /Group Advantages Disadvantages

PE/Councils – Reduced work load

– Predictable long term funding

– Improved transparency and

accountability

– Reduces maintenance costs in long

term

– Avoids claims from contractors

– Reduces the need for untimely

rehabilitation

– Ties up expenditure over

longer period

– Loss of flexibility

– New idea – Need to be

convinced

– Monthly payments can be

difficult to understand for

Council Management Team

and Councillors.

Contractors and

Consultants

– Guaranteed work over longer periods

– Provide good cash flow from regular

payments

– Opens opportunities for business

development

– New approach - fear of

increased risk and unknown

factors, leading to higher

costs

– Training on new procedures

Road users – Better and safer roads

– Consistent road conditions

– Reduced road user costs

– None



6

Application

PMMR/OPRC contracts are suitable for carrying out a combination of periodic maintenance, spot

improvements and routine maintenance. The ‘improvement works’ could include periodic

maintenance and spot improvements depending on the condition of the targeted roads. The works

may be:

– Reshaping and gravelling of the carriageway

– Opening of drains (side, catch water and mitre)

– De-silting of drainage structures

– Provision of new drainage structures (including culverts)

– Spot improvement works

– Installing road signs

The ‘maintenance works’ that will ensure that the service levels are attained shall include:

– Fill up pot holes and depressions on carriageway using same material that is on the

carriageway

– Cleaning/de-silting of drainage structures

– Vegetation control

– Re-instate/repair damaged road signs.

For the ‘maintenance works’ the contractor is not instructed by the project manager to carry out

specific activities, but is free to decide how best to carry out the maintenance tasks to ensure that

the required Service Levels are maintained. If the contractor fails to attain the service levels, and

consistently maintain these standards over the duration of the contract, he/she will be penalised

with payment reductions taken from his monthly lump sum payments. The contractor, therefore,

has to plan his activities carefully because he is responsible for deciding what needs to be done,

when it needs to be done, how it is done and what resources are required.

The bidding documents adopted for this type of contract are the World Bank’s ‘Sample Bidding

Document for Procurement of Works and Services under Output and Performance based Contracts

and Sample Specifications – October 2006 (document bound separately).

Specifications for the ‘improvement works’ are the standard specifications for road works. Those for

‘maintenance works’ are entitled “Performance Specifications” that have been specially prepared for

this type of contract and are in two parts (Appendix 4). Part 1 discusses the concept of performance

based contracts and Part 2 describes the services to be provided.

Steps

� Visit the roads selected for this type of contract and identify and quantity the works to be

carried out to bring them to ‘maintainable’ levels i.e. improvement works;

� Prepare BoQ for the improvement works for each road and estimate the expected time for

completion of these works;



7

� Define the performance/service levels to be attained by the contractor for incorporation in

section 2.2 ‘Specification for Service Quality Criteria’ ;

� Prepare the ‘engineer’s estimates’ based on realistic pre –determined unit rates;


� Carry out inspections as per contract, measure completed ‘improvement works’ and assess

the achievement in attaining the performance/service levels for the purpose of certification

of payments to the contractor. In assessing the attainment of the performance/service

levels, a form is completed (Appendix 2) and used in computing the achievements and the

monthly payment to be made to the contractor;

� Carry out a final inspection and acceptance of the works.



8

5 Community Based Contracts

Description

Use of communities in road maintenance applies the concept of ‘people’s participation and

ownership’ and contributes to poverty alleviation in rural areas. By definition a Community is a

group of people who work together towards a common goal such as the improvement of their living

and working environment. The communities living alongside the district roads may be used in

carrying out routine maintenance of the roads in their vicinity when they are organised under the

village government or as a community based organisation (CBO) and they are paid for the service.

The routine maintenance activities required for district roads are predominantly labour intensive

and labour is abundant in the villages scattered along the roads in most parts of the country

The Tanzania Public Procurement Act 2004 accommodates community participation in procurement

through G.N. No. 97 clause 75, which reads as follows:-

The use of communities in road maintenance removes the necessity of transporting labour from long

distances. A feeling of ‘ownership’ of the roads by the communities will also be inculcated in the

minds of the people living alongside the roads.

This approach may be used on any of the roads in the Council area but are particularly suitable for

remote isolated hilly areas where it is difficult to get contractors and the nature of the terrain

demands continuous attendance to the drainage system and carriageway.

Application

When it is practical to use villagers in road maintenance (in areas where there are people living

alongside the roads) the Council could use two approaches in contracting the communities namely:-

75.-(1) Where in the interest of project sustainability or to achieve certain specific social objectives of

the project, it is desirable in selected project components to:

a) call for the participation of local communities or farmer groups; or

b) increase the utilization of local know – how and materials; or

c) employ labour intensive and other appropriate technologies,

The procurement procedures, specifications and contract packaging shall be suitably adapted as to reflect

such considerations.

2) The beneficiary community shall be responsible for the procurement activities under the project

component.

3) The project authorities shall have the responsibility to provide the necessary training and simple

standardised documents to the community to enable it to carry out the procurement function

in a manner acceptable to the Authority

4) The Authority shall issue relevant guidelines for community participation in procurement

proceedings.



9

1. Engage villagers who have formed a community based organisation (CBO) whose objectives

will include maintaining roads, and

2. Engage a Village Government that will eventually organise villagers.

By using the Community Development Officers (CDOs), a Council may mobilise villagers to form a

CBO whose specific objective will be to maintain a road in their vicinity. There is a defined process

for registering CBOs (see Appendix 3).

The village government or a CBO will be allocated a section of road to maintain. It will identify the

people to work on the road section. There will be no tendering process for this type of contracting

and the Council will work out rates to be paid to the communities for carrying out routine

maintenance. The Council will enter into a simple contract with the village government/CBO

(Appendix 3) defining the works to be performed on the section of the road on a continuous basis

with services levels to be attained. The contract will also allow for purchase of working tools by the

Council in consultation with the CBO or village government workers for use by the villagers in the

maintenance works. The costs of tools will be recovered through deductions of monies from

payments due to the villagers.

The advantages of using communities in road maintenance are lower costs compared to contractors

and creating the ‘ownership’ of the roads to the villagers who in turn will provide protection from

those who misuse the roads or vandalise road assets. The possible disadvantage is that the villagers

could be attracted to work opportunities that pay more when these come to the villages and they

could then negect the road maintenance works.

Before starting the process of contracting communities, there will be a need for adequate

sensitisation of all parties (district authorities, village governments, communities) on the concept.

The villagers have to be trained on essentials of road maintenance (2-3 days should be adequate for

this).

The Council technical staff will inspect the roads on regular basis to verify whether the maintenance

works have been carried out satisfactorily before the villagers are paid their monthly payments.

Steps

� Present the concept to the council management team (CMT) and Council Tender Board

(CTB) obtain their endorsement for applying this system;

� Identify which roads can be contracted to communities after analysing the availability of

people who are keen and capable to work on roads. Lengths of the road sections could

range from 5km to 30km;

� Visit the villages alongside the roads and discuss with the village government and villagers to

ascertain their willingness to work on roads;

� Decide on what system to use (village government or CBO) depending on outcome of these

discussions;

� Council community development officers and legal advisors to mobilise the village

governments to set a system for engaging villagers or villagers to form CBOs. The villagers

have to be sensitised on the contracts and the obligations of the different parties;



10

� Process procurement of the necessary working tools. The quantity will depend on the length

of road and the terrain (as guide see Appendix 3 for a typical list, specifications and

quantities for different lengths/terrain);

� Conclude contracts with village government / CBO and hand over working tools;

� Train the villagers on essentials of road maintenance;

� Closely monitor the performance of the villagers during the first few months and advise

accordingly;

� Inspect the maintenance works on regular basis for the purpose of certification of monthly

payments;

� Ensure prompt monthly payments.

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Improved Maintenance Systems for District Road


13

Appendix 2 Standard Documents/Templates (PMMR/OPRC)

OUTPUT AND PERFORMANCE SPECIFICATIONS

PART 1.Basic Concepts of Output- and Performance-Based Road Contracts

1. Introduction

Performance-based contracting for the management and maintenance of road networks is a

relatively new concept for Tanzania designed to increase the efficiency and effectiveness of road

maintenance operations. It is designed to ensure that the physical condition of the roads under

contract is adequate for the needs of road users over the entire period of the contract - which can

be several years. This type of contract significantly expands the role of the Contractor, from the

simple execution of works to the management and conservation of road assets.

In traditional contracts for maintenance works, the Contractor is responsible for the execution of

works which are normally defined by the Road Authority or the Employer, and the Contractor is paid

on the basis of unit prices for different work items, i.e. a contract based on "inputs" to the works.

While this modality often brings improvement over force-account maintenance practices, the results

are in many cases still less-than-optimal.

Under this traditional way of "contracting out" maintenance works, it has been observed that even if

a lot of work is carried out and much money is spent, the overall service quality for the road user

depends on the quality of the design given to the Contractor who is not accountable for it and the

results are sometimes not satisfactory.

The Output and Performance-Based Road Maintenance Contract tries to address the issue of

inadequate incentives. During the bidding process, contractors compete among each other by

proposing a fixed monthly lump-sum fee per km of road to be paid to them. It is important to

understand that contractors are not paid directly for "inputs" or physical works (which they will

undoubtedly have to carry out), but for "outputs," i.e. the initial rehabilitation of the road to pre-

defined standards (if so required by the bidding documents), the maintenance service of ensuring

certain quality levels on the roads under contract and specific improvements (if so required by the

bidding documents).

The monthly lump-sum remuneration paid to the Contractor covers all physical and non-physical

maintenance services to be provided, except for unforeseen emergency works which are

remunerated separately. The Initial Improvement Works which have been explicitly specified by the



14

Employer in the contract are quoted on the basis of measurable output quantities and paid as

performed. Other initial works considered necessary by the Contractor to bring roads to the

required service levels are included in the lump sum price for maintenance services and paid in

relation to the Contractor's performance.

1.2 Payment linked to performance

Maintaining a road network includes routine and periodic tasks. Routine maintenance consists of

different operations undertaken frequently to maintain the function of the road (such as grading,

pothole repairs, cleaning of drainage, cutting of vegetation, etc.).

Periodic maintenance consists of predictable and more costly measures of a less frequent nature

designed to avoid road degradation (such as reshaping and regravelling etc.) Intelligent

management, the timeliness of interventions and the adequacy of technical solutions are critical.

Road conditions can be expressed through service quality indicators, and these are used under the

performance-based contract to define and measure the desired performance of the Contractor. In

the Performance-Based Management and Maintenance Contracts, the service level indicators are

thus the accepted minimum thresholds for the quality of the roads for which the Contractor is

responsible. In order to be entitled to the monthly payment for maintenance services, the

Contractor must ensure that the roads under contract comply with the required service quality

levels specified in the contract document.

The agreed monthly payment for maintenance works and services is made to the Contractor if he

has complied, during the month for which the payment is to be made, with the agreed service

quality levels on the road network under contract. Together with his monthly invoice, the

Contractor will report the result of his own evaluation of compliance with the required service

levels, based on his own monitoring system, which is mandatory. His statement is then verified by

the Employer (The Council) or his representative (Council Engineer or supervision consultant)

through inspections. If the service quality levels are not met payments are reduced, based on a

schedule given in the contract. Payments may even be suspended, and the contract cancelled, if the

contractor fails during an extended period to achieve certain minimum threshold values of service

levels. The contract describes the formulas used to calculate payment reduction and potential

contract suspensions.

It is possible that during some months, particularly during rainy seasons, a substantial amount of

physical works will be needed in order to comply with the required service levels and very little work

during other dry months. Yet the monthly payment remains the same as long as the required service

levels are complied with.



15

1.3 Service Quality Levels

Service quality levels are defined from a road user's perspective and are grouped into four

categories:

1. Accessibility

2. Average Travel Speed

3. Ride Quality and

4. Road Durability

If the service quality is not achieved in any given month, the payment for that month is reduced or,

in the case of prolonged non-compliance, even suspended. So under the performance-based

contract, the Contractor has a strong financial incentive to be efficient. In order to maximize profits,

he must reduce his activities to the smallest possible extent through careful planning and resource

management, but which nevertheless ensure that pre-defined outputs (measured indicators of

service level) are achieved and maintained over time.

1.4 Management aspects

Output and Performance Based Road Contracts (OPRC) require Contractors with good management

capacity. Here, ' management' means the capability to define, optimize and carry out in a timely

fashion the physical interventions which are needed in the short, medium and long term, in order to

guarantee that the roads remain above the agreed service quality levels. In other words, within the

contract limitations and those required to comply with local legislation, technical performance

specifications and environmental and social regulations. The Contractor is entitled to independently

define: - (i) what to do, (ii) where to do it, (iii) how to do it, and (iv) when to do it.

The role of the Council Engineer is to manage the contract by verifying compliance with the agreed

service levels as well as all other relevant legislation and regulations.

Under the terms of the contract, the Contractor is responsible for the continuous monitoring and

control of road conditions and the service levels for all roads or road sections included in the

contract. This is not only necessary to fulfil the contract requirements, but is an activity which

provides the Contractor with the information needed to (i) know the degree of his own compliance

with service level requirements, and (ii) define and plan, in a timely fashion, all physical

interventions required to assure that service quality indicators never fall below the indicated

thresholds.

The Employer (i.e. the Council or Council Engineer) does not issue instructions to the Contractor

regarding the type and volume of works to be carried out. Instead, the Contractor has to decide

what to do and the most efficient way of doing it to achieve the required service quality levels. Thus

the Contractor is encouraged to seek efficiency gains, as mentioned earlier, but also to try out new

techniques after consulting the District Engineer



16

1.5 Design by Contractor

One fundamental feature of the performance-based contract is that the Contractor is responsible

for designing and carrying out the actions he believes are necessary in order to comply with the

service quality levels stated in the contract. Procurement requires good technical preparation to

ensure bidders have adequate technical information on actual road conditions. If Initial Works are

required, the Employer needs to define the level of quality (or standard) to be achieved by the

Contractor for delivery and completion during this initial phase of the contract. If improvement

works are sought, a well-designed bill of quantities defining specific outputs for bidders to price and,

later on, allow measurement and payment to the Contractor, is important. Although impossible to

quantify in advance, provision for Emergency Works is advisable.

An important area requiring careful consideration is the definition of the Initial Works needed to

bring roads up to a standard where performance based maintenance can be sensibly applied. The

Employer will give the scope of the work required in the bidding documents, but the Contractor will

make his own independent assessment and price this in the conventional way. However, the

Employer will set a limit on the proportion of Initial Works that can be included in the total price for

Initial Maintenance Services combined. This is to limit the possibility of Contractors distributing risk

away from the performance based maintenance part of the contract.

If Initial Improvement Works are not specified in the bidding document, it does not mean that the

roads in the contract are necessarily already at the required standards. In some cases the Contractor

may consider the estimates made by the Employer inadequate for achieving the required service

quality levels. The Contractor himself is required to determine the exact nature of the works, their

timing, their cost and the method to be used for their execution and make adequate provision in his

bid.

The Contractor is paid according to his ability to meet the service levels over the timescale given for

compliance in the contract.

1.6 Bid pricing

Bidders present financial offers for:

(i) the improvement works (if so required and for the improvements indicated in the bidding

documents) in the form of unit prices for outputs of each type of improvement works; payments for

improvements are made in accordance with quoted unit prices for those outputs; and

(ii) the maintenance services in the form of a monthly lump-sum payment demanded by the bidder

according to the conditions of contract. This lump-sum also includes Initial Improvement Works

considered necessary by the bidder but not already covered in (i) above. The lump-sum for

maintenance services is a monthly amount applicable throughout the duration of the contract;



17

1.8 Potential benefits of Performance-based contracts

The beneficiaries of the new concept are the road users, the Road Authority (Local Council), and the

contractors or other private sector enterprises. In a wider sense, future generations will benefit

from a better preservation of past investments in roads. Road users are in a better position to know

the service level they can expect in receipt for the payments they make for the use of the

infrastructure.

The Road Authority should benefit by obtaining better overall road conditions at the same level of

expenditures. For contractors and other private sector enterprises, the new type of contracts should

open up new business opportunities, in which longer contract periods provide a more stable

business environment. But it may be the future generations who will perhaps benefit most, since

they will not have to pay for the reconstruction of roads destroyed because of a lack of maintenance

today.

It is expected that the use of performance-based contracts will bring significant efficiency gains, and

stimulate innovation in comparison with traditional road maintenance practices.

PART 2: Description of Services to be Provided

2.1 General Specifications

2.1.1 Scope of Services to be provided

Notwithstanding the provisions of Clause 7 of the contract, the services to be provided by the

Contractor include all activities, physical or others, which the Contractor needs to, carry out, in

order to comply with the Service Levels and other output and performance criteria indicated under

the contract, or with any other requirements of the contract. In particular, they include

management tasks and physical works associated with the following road-related assets and items:

• Road surface

• Drainage structures

• Vegetation control

• Slopes (cuts and embankments)

2.1.2 Description of the project area

The project roads are in (name of council) and the network to be covered will comprise of the roads

(mention the area where the roads are). (Name of council) covers an area of ………….sq km with an

estimated population of………..people (2012). (Provide a brief on weather, rainfall pattern, and

important physical features of the council including the major economic activities).



18

The road network under the jurisdiction of the (name of council) totals …….km of which .....km are

urban roads, …………..km are district roads and ………km are feeder roads.

2.1.3 Description of the Roads included in Contract

The roads included in the contract are the following:

1) ………………………….. (km)

2) ……………………

3) ……………………..

[Provide detailed listing of roads and/or road sections included in the contract, with precise

description of the beginning and end of each section].

2.1.4 Reference Information

As a general reference, the information shown below is provided to the Bidder. The Employer

provides this information to the best of his knowledge, but does not guarantee its correctness, and

the Contractor may not make any claim based on potential errors or omissions in the information

provided.

Motorised Traffic levels and composition

Information has been provided in ranges based on qualitative assessments made in from (mention

period e.g. June to August 20…). No traffic counts have been taken. The volumes of traffic on these

roads are very low and usually less than …..vehicles per day. The traffic is mainly composed of light

goods vehicles and Non-Motorised Transport.

Travel width

The current travel width of the roads under this project range from 3.5m to 4.5m.

Road Condition and Surface Type

The roads are mostly of earth standard with sections that have been spot gravelled. Their conditions

differ from bad to good.

2.1.5 Design Criteria for Improvement Works

All Improvement Works shall be designed to make the roads passable and ensure basic access for

the most of the year.



19

2.1.6 Improvement Works to be carried out by Contractor

All works necessary to bring roads to required service levels fall within the scope of Initial

Improvement Works or maintenance services.

Based on an assessment of road conditions in (state month/year), the Employer has estimated that

the following Initial Improvement works will be required:

• Light reshaping and spot gravelling : (insert distance in km here)

• Culvert repairs and culvert extensions: (Insert length in Metres)

• Installation of new culverts (insert numbers 60cm or 90cm)

• Potholes filling (area in metres)

• Bush clearing

• Vegetation control

• Grass weeding

Costs for other works needed to bring roads to the required service levels, not included in the item

for Initial Improvement Works, shall be included in the lump sum price for Maintenance Services.

Contractors are solely responsible for estimating the type and quantity of additional Initial

Improvement Works. During the execution of the contract, the Contractor shall not be entitled to

make claims for any improvement works not foreseen at the time of bid preparation.

The time for completion of the improvement works varies from road to road in relation to the

schedule for compliance with service level criteria as shown in the compliance.

2.1.6.1 List of Documents Related to Improvement Works

The following documents are specified in accordance with sub-clause 8.4.1 of the GCC:

1. Strip maps showing the locations where the improvement works will be required;

2. Specifications for Improvement works.

2.1.6.2 Payment for Improvement Works

The Improvement Works indicated above will be remunerated based on the unit prices shown in the

Bill of Quantities. The Contractor will invoice Improvement Works as part of the Monthly Statements

and in accordance with the Improvement Works actually carried out and measured by unit prices as

stated in the Bill of Quantities.

2.1.7 Quality of Materials to be used

Notwithstanding the provisions of Clause 30 of the GCC, the materials used by the Contractor shall

comply with specifications to be used for Improvement works.



20

2.1.9 Self-Control Unit of Contractor

In conformity with sub-clause 25.2 of the GCC, the Contractor is obliged to establish, within his own

organizational structure, a specific Unit staffed with qualified personnel, whose task is to verify

continuously the degree of compliance by the Contractor with the required Service Levels. The Self

Control Unit is also responsible for undertaking the quality control testing required for Improvement

Works.

The Self Control Unit is responsible for the generation and presentation of the information needed

by the Contractor for the documentation required for the Monthly Statement. In general terms, the

Unit will be responsible to maintain at all times a detailed and complete knowledge of the condition

of the roads or road sections included in the contract and to provide to the management of the

Contractor all the information needed in order to efficiently manage and maintain the roads

included in the contract. The Self-control Unit is also obliged to carry out, in close collaboration with

the Project Manager3, the formal and scheduled inspections of Service Levels which will take place

regularly.

The compliance (non-compliance) of the Contractor with service level requirements will be reported

by the Self-Control Unit to the Project Manager in the form of tables as specified in the standard

tables below.

2.1.10 Functions of Key Personnel

The Contractor will provide as a minimum the following key personnel:

• Site Agent – An experienced engineer to oversee all contractual and operational functions of

the contract.

• Road Engineer/technician – An engineer or experienced technician to head the self-control

unit and direct and oversee the day-to-day planning and site operations of the contract

including staff and public safety issues, the free flow of traffic, liaising with the public and

reporting to the project manager. He will also decide what works have to be carried out and

supervise the labour force to ensure quality and adherence to the service levels, as well as

the duties described in A2.1.5. Specification of Service Quality Criteria

2.1.11 Specification of Service Quality Criteria

For the purposes of this contract, same service levels are required for all roads.

2.1.12 Methods of Inspection of Service Levels

a) Formal Inspections of Service Levels

Formal inspections will be carried out jointly by the Project Manager and the Road

Engineer/technician at the end of each month. The main purpose of the formal inspections is to

enable the Project Manager to verify the information presented in the Contractor’s Monthly

3 Note that the Project Manager will usually be the Council Engineer.



21

Statement with the actual observed and measured conditions on the site. The Project Manager will

prepare a brief Memorandum describing;

(i) the general circumstances of the site visit, including date, road sections visited,

persons present, etc.,

(ii) any non-compliance which may have been detected, and

(iii) the time granted by the Project Manager to the Contractor to remedy the detected

defects. Based on the outcome of the formal inspection, the Project Manager will

correct any possible errors or misrepresentations in the Contractor’s statement,

countersign it and present it to the Employer for payment, and to the Contractor for

information.

Formal inspections will also be scheduled for the follow-up site visits, whose purpose is to verify if

the Contractor has remedied the causes of earlier non-compliance, within the time frame granted by

the Project Manager and specified in the Memorandum.

b) Informal Inspections of Service Levels

The Project Manager may carry out informal inspections of Service Levels as part of his general

mandate given to him by the Employer. He may do so on his own initiative, at anytime and

anywhere on the roads included in the contract. If he detects any road sections where the Service

Level criteria are not met, he is obliged to inform the Contractor within 24 hours in writing, in order

to enable the Contractor to take remedial action as soon as possible. The results of informal

inspections may not be used by the Project Manager for purposes of correcting the Contractor’s

monthly statements or applying penalties, except for cases in which the traffic flow on the road has

been completely interrupted.

2.1.13 Timetable for Compliance with Service Level Requirement

In order to respect the Contractor’s initial mobilization period, compliance with the service levels

will be introduced gradually as shown in Table A2.2.

Table A2.2 Timetable for Compliance with Service Level Requirements

Contract

Month

Road Safety

Compliance

required on % of

contract road

Road Usability

Compliance

requirement on % of

contract road

Durability

Compliance

required on % of

contract road

1 50 50 50

2 100 75 75

3 100 100 100

4 onwards 100 100 100



22

2.2 Specification for Service Quality Criteria

2.2.1 Usability of the Road

The Contractor shall ensure that the road is open to traffic and free of interruptions at all times.

Vehicles should not have to stop at any point and engage first gear (except for non-road related

reasons). Permitted exceptions are:

• the interruption of traffic following an accident or breakdown which renders the road

impassable to other road users. However, in such situation the Contractor is required to act

quickly to restore traffic flow within 6 hours

• the closure of the road due to localized flooding at a drift, bridge or culvert location during

the flood event itself, up to the moment when water depth has receded below road level.

2.2.2 Average Traffic Speed and Road User Comfort

The Contractor has to ensure that a vehicle of the type Toyota Hilux Double Cabin Pick-up, 2.8D or

equivalent is able to circulate at a safe speed of 40kph. Ruts and potholes should not have depths of

more than 10cm.

2.2.3 Durability Measures

Drainage

In general terms, the Contractor shall ensure that all drainage elements and structures are without

obstructions which may reduce their normal cross-section and impede the free flow of water.

The Service Level requirements for drainage systems and drainage structures are shown in Table

A2.4. Compliance will be determined by Visual Inspection.

Table A2.4 Service Levels for Drainage

Item Service Level Time Allowed for Repairs and Tolerances

Permitted

Side drains, ditches,

mitre drains and

unlined vertical drains

Must be clean and free of obstacles Tolerance permitted:

Siltation/Obstructions must less than 50mm

in depth.

Siltation/Obstructions must be cleared

within 7 days after detection.

Damages must be repaired within 3 weeks

after detection.

Culverts and access

drifts

Must be clean and free of obstacles

and without structural damage. Must

be firmly contained by surrounding

soil or material.

As above

Scour checks and

other erosion

Must be de-silted, structurally sound

and firmly contained in surrounding

As above



23

protection structures soil or material.

Vegetation

This section specifies the Service Levels to be complied with in the case of vegetation growing within

the right-of-way/ road reserve.

Vegetation is to be controlled to the heights, at the locations and with the restrictions as set out in

Table A2.5. Compliance will be measured with a tape measure.

Table A2.5 Vegetation Control Types

Type Height (mm) Features applied to:

1. Vegetation Free Zone. 0 Carriageway, shoulders and structures.

2. Inner vegetation zone: from

edge of shoulders to back of side

drain/ditch or 2m away from

edge of shoulder on straights and

outside of curves, and 5m on the

inside of curves. Also control of

vegetation around street

furniture and other features.

25 (min) to 150

(max)

Road verges and large vegetated areas, including

surface water channels with longitudinal gradients ≥

3%. Also vegetation control around:

• Marker posts

• Signposts

• Bridge and culvert markers

• Guardrails

• Bridge abutments

• Cross culvert ends and headwalls

• Inner side drains

3. Outer vegetation zone,

excluding zone 2.

50 (min) to 300

(max)

Bush clearing and vegetation control around:

• Marker posts

• Access culvert ends and headwalls

• Outer side drains

• Channels with gradients ≤ 3%.

4. Growth encroaching into

Vegetation Free Zone from the

side or top.

Must be removed

if within 5m above

the road surface.

Applies to vegetation control including trees, scrub or

branches hanging over the zone.

Structures

The Contractor is responsible for the routine maintenance of all head walls/wing walls and similar

structures along the contract road.

2.2.4 Variations and Gradual Compliance with Service Levels

In order to respect the Contractor’s initial mobilization period, compliance with any of the service

level criteria is not expected until: after sixty (60) days after contract signing.



24

The following table summarizes the variations and gradual compliance requirements with service

levels over time:

TIMETABLE

Timetable of compliance with Service Level requirements

No. months

since

beginning of

Contract

Usability of the road(s)

Compliance required on

(% of total length of

roads under contract)

Average Traffic Speed

Minimum safe traffic

speed which can be

maintained

(in Km/h)

Road User Comfort

Compliance required

on

(% of total length of

roads under contract)

Durability of the road(s)

Compliance required on

(% of total length of roads

under contract)

1 and 2 No minimum set No minimum set No minimum set No minimum set

3 to 5 100 40 50 50

6 until End of

contract

period

100 40 100 100

2.2.5 Means used for Inspection of Service Levels

For the formal inspections of compliance with Service Levels, the Contractor’s Self-control Unit will

work in close collaboration with, and under supervision of the Project Manager. The physical means

needed for the inspections will be provided by the Contractor; they are the same which are normally

used by the Self-control Unit for the continuous self-evaluation of the Contractor’s compliance, in

particular:

(a) Vehicles of the following type: Toyota Hilux Double Cabin Pick-up, 2.8D or equivalent. The

vehicle must be in good condition and must be in conformity with its original factory

specifications, without any alterations which would change its driving characteristics.

(b) Qualified and support staff including the Contractors Road Engineer/Technician responsible

for the Self-control Unit plus two helpers.

(c) All tools and instruments needed, as indicated in the paragraphs describing the

methodologies for inspection.

2.2.6 Methodologies to be used for Assessing Service Levels

(a) Usability of the Road(s): There is no particular testing method for the usability of a road,

other than driving on the road in a normal manner, utilizing the type of vehicle indicated in the

previous paragraph. The condition is not complied with if the road is interrupted at any point. The

condition is however complied with if it is possible to continue to drive on the road, and without the

vehicle suffering any damage caused by the bad condition of the road.

[Note: For example, if the vehicle hits an obstacle on the road surface which causes damage to the

exhaust system, the conditions is obviously not complied with. On the other hand, if there is a

landslide which covers one half of the road, but it is easily possible to pass the area on the other side

of the road, the condition is complied with.]



25

(b) Average Traffic Speed: When verifying the Average Traffic Speed, the first step is to define

the road sections to be tested. The lengths of the test sections should be equivalent to at least one

half hour driving time (e.g. 20 km lengths for a required average speed of 40 km/h). The second step

is to travel on the defined test section in a normal and safe fashion, in the vehicle provided by the

Contractor and driven by a driver provided by the Contractor. The driver must at all times respect

the traffic regulation, in particular speed limits. The time of unforeseen stops which are unrelated to

the road condition (such as checkpoints, breakdowns or other incidents) is to be deducted from the

overall travel time. Except for normal and obligatory slowdowns and stops (at intersections, speed

limits, stop signs, pedestrian crossings, village crossings, etc.), the travel speed should never be

constrained by road conditions to less than a certain minimum speed given in the contract, and the

average travel speed which can be maintained on the defined road section should be above the

threshold value which is given in the Summary Table further below in the Technical Specifications.

In any case, the safety of the passengers of the test vehicle, as well as the safety of other road users,

must never be put in danger. The judgment of whether a speed is safe or not is left to the Project

Manager.

At the end of the test, the vehicle used must not have suffered any mechanical damage due to the

speed of travel, which may have been excessive given the condition of the tested road section. If the

vehicle has suffered such damage, the test is negative and the service level has not been complied

with.

(c) Rut and pothole depth: Rut and pothole depth is one of the criteria for “Road User

Comfort”. They will be checked at road sections selected by the Project Manager based on visual

appearance. Measurement is carried out by placing a ruler or straight edge (two metres long) on the

road surface, placed at any angle on the road by the Project Manager, and measuring the space

between the ruler/straight edge and the lowest point of the rut.

The maximum rut/pothole depth will be recorded and if this exceeds the criteria for rut depth stated

in the Summary Table below, the one-kilometre section in which the ruts are located will be judged

non-compliant.

d) Drainage

The cleanliness and condition of drainage structures (including ditches, Irish crossings and all other

types of drainage devices) where they will be existing, is part of the criteria for the “Durability of the

Road”. It is verified on a regular basis, in particular before and during the rainy season. The drainage

structures to be verified are determined by the Project Manager. Inspection is done visually.

The basic principle used to determine the cleanliness of drainage structures or devices is “the

percentage of the theoretical cross-section of the structure or device which is unobstructed”. This

percentage is specified in the Summary Table above. For a one km road section, the cleanliness of

drainage ditches must be verified at least on two subsections of 50 metres each.

For any one km section of the road, compliance with this criterion requires that (i) all drainage

structures are clean in the sense defined above; (ii) all structures and devices are structurally sound,

based on the judgment of the Project Manager.



26

e) Vegetation

The height of vegetation, and its clearance above the road surface, is part of the criteria for the

“Road User Comfort”. They will be measured at road sections selected by the Project Manager

based on their visual appearance. The height is measured by using a ruler; it is defined as the

vertical distance between the ground and the highest point of the vegetation. Clearance is also

measured with a ruler; it is defined as the distance between the lowest point of the tree (or other

plant) above the road surface.

The maximum height of vegetation should not be greater than 30cm at any section selected by the

Project Manager.

For any one km section of road, compliance with this criterion requires that the vegetation height

measured within the section of one km is below the maximum value stated in the contract.

(f) Other surface degradations: Other surface degradations are part of the criteria for “Road

User Comfort”. They will be measured at road sections selected by the Project Manager based on

their visual appearance. Individual surface degradations (such as potholes) are measured by using a

standard ruler. The “equivalent diameter” is defined as the average of the greatest dimension of the

degradation and a second measurement taken at right angles to the first.

For any one km of road, compliance with this criterion requires that (i) no individual surface

degradation (other than ruts and corrugation) has an “equivalent diameter” of more than the

maximum value specified and (ii) the number of individual degradations on a one km section is less

than the threshold specified value shown in the Summary Table below.

(g) Useable road surface width: The useable road surface width is part of the criteria for the

“Durability of the Road”. It will be measured at road sections selected by the Project Manager based

on their visual appearance, in particular at places where erosions or other degradations exist which

restrict the useful width of the road. The useful width is measured by using a measuring tape and/or

rulers.

For any one km section of the road, the Project Manager will select one 50-metre subsection where

the measurement will take place. Within that subsection, the Project Manager will select on each

side of the road the individual degradation which constitutes the largest restriction of the useable

surface. For each of those two points, he will then measure the distance (L) between the theoretical

edge of the useable road surface (based on the useable road width specified in the contract) and the

innermost point of the degradation, obtaining two values (L1 and L2). The actual useable road

surface width is obtained by subtracting (L1 + L2) from the theoretical road surface width specified

in the contract. (Refer to diagram below). If either of these criteria is exceeded the one-kilometre

section in which they are located will be judged non-compliant.



27

For any one km section of road, compliance with this criterion requires that there is no sub-section

of 50 metres in which the actual useful width (shown as W in the drawing) is less than the width

specified in the Summary Table below, minus the tolerance allowed as indicated in the Summary

Table.

2.3 Program of Performance

In accordance with clause 17.2 of the GCC, the Contractor shall submit a Program of Performance

within twenty-one (21) days after the signing the contract agreement.

2.4 Monthly Statement

The Monthly Statement to be submitted in accordance with sub-clause 49.1 shall have the format

shown in the next page.

The compliance (or non-compliance) of the Contractor will be reported by the Self-control Unit to

the Project Manager in the form of tables for which a mandatory standard format is adopted. There

is one table for each road or road section. The tables are part of the Contractor’s monthly

statement, and they may be complemented by comments for which a specific format is not

required. The format of the mandatory standard table is shown in the Table below.

Imp

rov

ed

Ma

inte

na

nce

Sy

ste

ms

for

Dis

tric

t R

oa

ds

Ro

ad

Ma

inte

na

nce

Co

ntr

act

ing

Ma

nu

al

28

Mo

nth

ly S

tate

me

nt

for

Co

ntr

act

C

on

tra

ct N

am

e

Co

ntr

act

Mo

nth

: 1

2 (

Se

pte

mb

er

20

..)

Ro

ad

or

roa

d s

ect

ion

: R

oa

d A

an

d R

oa

d B

Re

qu

ire

d S

erv

ice

Le

vel

Ve

ry G

oo

d

Len

gth

of

roa

d a

t re

qu

ire

d s

erv

ice

le

vel

(km

) 3

4.8

Se

rvic

e L

ev

el

Cri

teri

a

Re

qu

ire

d

com

pli

an

ce

Act

ua

l co

mp

lia

nce

N

on

-co

mp

lia

nce

P

ay

me

nt

Re

du

ctio

n

Ta

rge

t K

m 1

C

om

pli

an

ce c

rite

ria

R

oa

d A

R

oa

d B

To

tal

len

gth

com

pli

an

t

(km

) 2

Len

gth

no

n-

com

pli

an

t (3

)

(1-2

)

% P

ay

me

nt

red

uct

ion

(4)

Km

(5 =

3x4

)

1.

Ro

ad

Usa

bil

ity

1

00

%

34

.8

Inte

rru

pti

on

to

tra

ffic

(k

m d

ay

s)

10

0%

1

00

%

34

.8

0

1%

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b t

ota

l

0

0

2 A

vera

ge

Tra

ffic

Sp

ee

d

40

kp

h

A

vera

ge

sp

ee

d (

pe

r 5

kp

h b

elo

w

targ

et)

60

kp

h

60

kp

h

34

.8

0

1%

Su

b t

ota

l

0

0

3.

Du

rab

ilit

y

38

%

13

.2

Ve

ge

tati

on

he

igh

t

Ve

ge

tati

on

cle

ara

nce

Use

ab

le r

oa

d w

idth

Lon

git

ud

ina

l p

rofi

le

Dra

ina

ge

18

18

6

No

t

eva

lua

ted

12

16

.8

16

.8

3

this

mo

nth

7

34

.8

34

.8

9

34

.8

19

0.0

0

0.0

0

4.2

2

0.0

0

0.0

0

25

%

25

%

10

%

10

%

50

%

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b t

ota

l

0

0

0.4

2

0

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2

T

OT

AL

2.2

7

Le

ng

th i

n k

m f

or

pa

ym

en

t a

t th

is s

erv

ice

le

vel

this

mo

nth

: 3

2.5

3

Pa

ym

en

t S

um

ma

ry –

Co

ntr

act

OP

RC

/1

Co

ntr

act

mo

nth

:12

Se

rvic

e L

ev

el

Ne

two

rk

km

Pe

na

lty

km

Km

fo

r p

ay

me

nt

this

mo

nth

VE

RY

GO

OD

3

4.8

2

.27

3

2.5

3

GO

OD

8

7.1

5

.62

8

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8

FA

IR

99

.6

7.3

0

92

.3

TO

TA

L 2

21

.5

16

.19

2

06

.31

To

tal

pa

ym

en

t d

ue

th

is m

on

th

Ra

te p

er

km

x k

m f

or

pa

ym

en

t

Imp

rov

ed

Ma

inte

na

nce

Sy

ste

ms

for

Dis

tric

t R

oa

ds

Ro

ad

Ma

inte

na

nce

Co

ntr

act

ing

Ma

nu

al

29

Ta

ble

2.2

.2

ST

AN

DA

RD

RE

PO

RT

ING

TA

BLE

FO

R C

OM

PLI

AN

CE

WIT

H S

ER

VIC

E L

EV

ELS

(fo

r u

np

av

ed

ro

ad

s)

Co

ntr

act

No

.:

……

……

……

……

..

Da

te o

f in

spe

ctio

n:

……

……

….

Co

ntr

act

or:

…

……

……

……

…..

P

ers

on

s p

rese

nt

:

Ro

ad

se

ctio

n:

……

……

……

……

..

CR

ITE

RIA

SE

CT

ION

S

RO

AD

US

ER

CO

MF

OR

T

DU

RA

BIL

ITY

OF

TH

E R

OA

D

SU

B-C

RIT

ER

ION

Fro

m

To

C

om

pli

ed

wit

h

No

t co

mp

lie

d w

ith

C

om

pli

ed

wit

h

No

t co

mp

lie

d w

ith

N

OT

CO

MP

LIE

D W

ITH

[s

pe

cify

] [s

pe

cify

] [i

nse

rt c

ross

"X

" o

r le

ave

em

pty

]

[in

sert

cro

ss "

X"

or

lea

ve

em

pty

]

[in

sert

cro

ss "

X"

or

lea

ve

em

pty

]

[in

sert

cro

ss "

X"

or

lea

ve

em

pty

]

[sp

eci

fy s

ub

-cri

teri

on

no

t co

mp

lie

d w

ith

]

Usa

bil

ity

of

the

Ro

ad

: …

……

……

….

[in

sert

"co

mp

lie

d w

ith

" o

r "n

ot

com

pli

ed

wit

h"]

T

raff

ic S

pe

ed

: …

……

.……

. [I

nse

rt "

com

pli

ed

wit

h"

or

"no

t co

mp

lie

d w

ith

"]

….

…..

km

/h [

inse

rt a

vera

ge

sp

ee

d m

ea

sure

d,

if a

vail

ab

le]

Pre

pa

red

by

Co

ntr

act

or’

s Se

lf-C

on

tro

l U

nit

C

ert

ifie

d b

y E

mp

loy

er

or

his

ag

en

t

……

……

……

……

……

……

….…

……

. [S

ign

atu

re]

……

……

……

……

……

……

……

……

……

. [S

ign

atu

re]

INS

PE

CT

ION

OF

SE

RV

ICE

LE

VE

LS F

OR

TH

E M

ON

TH

OF

……

……

……

……

.20

…



30

2.6 Procedures for Inspection

The visual inspection will be undertaken as part of the Formal and Informal inspections. The criteria

for Service Levels will be checked at sections selected by the Project Manager based on visual

appearance. The Project Manager shall be the sole judge of compliance. If a specified criterion is not

met, the one-kilometre section in which the deficit occurs will be judged non-compliant.

2.7 Payment Reductions and Liquidated Damages

In accordance with the relevant clauses of the Conditions of Contract, Payment Reductions are

applied in case of non-compliance with Service Level requirements, while Liquidated Damages are

applied in the case of non-compliance with required Repair, Maintenance and Emergency Works.

The results of each formal inspection of the Service Levels and other performance criteria will be

recorded by the Project Manager in the form of a Memorandum. The Memorandum will state the

type and location of any non-compliance detected, in particular those non-compliances already

shown in the standard tables provided by the Contractor as part of the monthly statement. For each

individual case of non-compliance, the Project Manager will determine a date by which the

Contractor must have completed the necessary measures in order to remedy the cause of the non-

compliance. A follow-up site visit is therefore necessary at the date fixed by the Project Manager, or

soon thereafter, in order to verify that the Contractor has indeed remedied the cause of non-

compliance.

If at the date indicated in the Memorandum, the Contractor has not remedied the cause for non-

compliance, independent of the reason given for their failure to do so, the Contractor is subject to

Payment Reductions in accordance with the relevant clauses of the Conditions of Contract.

Payment Reductions are variable over time. If the Contractor fails to remedy a cause of non-

compliance for which a payment reduction has already been applied, the amount of the payment

reduction increases month by month for that particular cause of non-compliance, without a ceiling

being applied, until compliance is established. The calculation of the initial (first month) amounts of

payment reductions, and the formula for their adjustment over time, is to be based on the following

rules given in the Table below.

Liquidated damages are to be applied in relation to execution of the initial Improvement Works as

detailed in Clause 39.2 of the SCC. The time for completion of the initial improvement Works is given

in Clause 39.1 of the SCC.

Imp

rov

ed

Ma

inte

na

nce

Sy

ste

ms

for

Dis

tric

t R

oa

ds

Ro

ad

Ma

inte

na

nce

Co

ntr

act

ing

Ma

nu

al

31

TA

BLE

A2

.7

CR

ITE

RIA

C

ON

DIT

ION

S F

OR

AP

PLI

CA

TIO

N O

F P

AY

ME

NT

RE

DU

CT

ION

S

UN

IT R

AT

ES

FO

R N

ON

CO

MP

LIA

NC

E

Ro

ad

Usa

bil

ity

Inte

rru

pti

on

of

mo

tori

zed

tra

ffic

(li

gh

t a

nd

/or

he

avy

ve

hic

les)

an

yw

he

re a

lon

g a

roa

d o

r ro

ad

se

ctio

n

20

% o

f th

e m

on

thly

lu

mp

su

m f

or

the

en

tire

ro

ad

an

d a

ll o

the

r

aff

ect

ed

ro

ad

s in

clu

de

d

in

the

co

ntr

act

fo

r e

ach

d

ay

o

f n

on

-

com

pli

an

ce

Av

era

ge

Tra

ffic

Sp

ee

d

an

d

Use

r

Co

mfo

rt

- A

ve

rag

e t

raff

ic s

pe

ed

on

ro

ad

or

roa

d s

ect

ion

is

be

low

th

e r

eq

uir

ed

th

resh

old

valu

e

10

% o

f m

on

thly

lu

mp

su

m ,

ap

pli

ed

to

th

e e

nti

re r

oa

d f

or

ea

ch

ste

p o

f 5

km

/h b

elo

w t

he

th

resh

old

- ru

t, p

oth

ole

an

d s

imil

ar

surf

ace

de

gra

da

tio

n d

ep

th i

s a

bo

ve

th

e t

hre

sho

ld v

alu

e.

Th

e s

urf

ace

of

an

y i

nd

ivid

ua

l p

oth

ole

or

oth

er

surf

ace

de

gra

da

tio

n i

s a

bo

ve 1

m2

50

% o

f th

e m

on

thly

lu

mp

su

m f

or

on

e k

m a

pp

lie

d t

o e

ach

on

e k

m

sect

ion

wh

ich

do

es

no

t co

mp

ly

Dra

ina

ge

C

lea

nli

ne

ss a

nd

co

nd

itio

n o

f d

rain

ag

e s

tru

ctu

res

(la

tera

l d

itch

es)

: F

or

a o

ne

-km

sect

ion

, to

b

e

de

term

ine

d

for

sub

sect

ion

s o

f 5

0

m

ea

ch.

If

un

acc

ep

tab

le

ob

stru

ctio

ns

exi

st i

n m

ore

th

an

on

e s

ub

sect

ion

, th

e o

ne

-km

se

ctio

n d

oe

s n

ot

com

ply

30

% o

f th

e m

on

thly

lu

mp

su

m f

or

on

e k

m,

ap

pli

ed

to

ea

ch o

ne

-

km

se

ctio

n w

hic

h d

oe

s n

ot

com

ply

Ve

ge

tati

on

V

eg

eta

tio

n h

eig

ht

(ma

xim

um

): T

he

ma

xim

um

he

igh

t m

ea

sure

d a

ny

wh

ere

in

a

on

e-k

m s

ect

ion

is

ab

ove

th

e t

hre

sho

ld v

alu

e

20

% o

f th

e m

on

thly

lu

mp

su

m f

or

on

e k

m,

ap

pli

ed

to

ea

ch o

n-k

m

sect

ion

th

at

do

es

no

t co

mp

ly.

V

eg

eta

tio

n

(cle

ara

nce

a

bo

ve

roa

d):

T

he

v

ert

ica

l cl

ea

ran

ce

be

twe

en

th

e

roa

d

surf

ace

an

d t

he

lo

we

st p

oin

t o

f tr

ee

or

oth

er

pla

n i

s le

ss t

ha

n t

he

th

resh

old

va

lue

10

% o

f th

e m

on

thly

lu

mp

su

m f

or

on

e k

m,

ap

pli

ed

to

ea

ch o

n-k

m

sect

ion

th

at

do

es

no

t co

mp

ly.

No

te:

(i

) T

he

Un

it R

ate

s o

f p

ay

me

nt

red

uct

ion

s (“

PR

u”)

sh

ow

n i

n t

he

ab

ove

ta

ble

are

ap

pli

cab

le d

uri

ng

th

e f

irst

30

da

ys

of

no

n-c

om

pli

an

ce.

(ii)

If

the

no

n-c

om

pli

an

ce h

as

no

t b

ee

n r

em

ed

ied

wit

hin

th

irty

da

ys,

liq

uid

ate

d d

am

ag

es

for

pe

rio

ds

be

yo

nd

30

da

ys

are

ca

lcu

late

d b

ase

d o

n t

he

fo

llo

win

g

form

ula

:

P

R =

2nP

Ruco

nsi

de

rin

g:

J =

nu

mb

er

of

da

ys

of

no

n-c

om

pli

an

ce,

an

d

n

=

− 30

1J

ro

un

de

d u

p t

o f

ull

nu

mb

er

(wit

ho

ut

de

cim

als

)



32

Appendix 3 Standard Documents / Forms for Community Contracts

PART A: Procedure for Registration of CBO

The applicants should forward an application to the District Council with the following attachments:

1. Two (2) copies of the Groups’ Constitution

2. A summary of minutes of the meeting that approved the constitution

3. Personal details of the leaders:

• Chairperson

• Secretary

• Treasurer

N.B. The Community Development Officers are usually available for consultations and provide

explanations and assistance in the registration of CBO’s at District level.

The constitution must contain the following information

1. INTRODUCTION/GLOSSARY

2. NAME OF GROUP

3. ADDRESS OF GROUP AND HEADQUARTERS

4. AREA OF OPERATIONS

5. AIM AND OBJECTIVES OF THE GROUP

6. MEMBERSHIP

• Types of members

• Eligibility of membership

• Cessation of member

• Obligations of a member

7. SOURCE OF FUNDING FOR THE GROUP

8. ORGANISATIONAL SET UP AND ADMINISTRATION

Chairman

Secretary

Treasurer

9. APPOINTMENT OF LEADERS AND THEIR DURATION

10. CONDUCT OF GROUP MEETINGS



33

PART B: Sample Contract between Council and Village Government/

Community Based Organisation (CBO)

This Contract is made this…………day of…………….20….,

Between

…………………………… (insert name of client) herein referred to as ‘Employer’ on one part

And

…………………………… (insert name of village govt or CBO), hereinafter referred to as the ‘Group’ on the

other part.

Whereas the Employer is desirous of maintaining its road network in ………… District and has

accepted that the Group executes road maintenance works on one of the roads as defined

hereinafter;

AND

Whereas the Group represented to the employer that have required capacity and ability, and have

agreed to execute the works on the terms and conditions set forth in this contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1.0 OBLIGATIONS OF THE GROUP

1.1 The Group shall carry out maintenance works as necessary beginning from the date of

signing of this contract for the duration of the contract period as stipulated in sub-article 4.1

in the following areas:

Name of the Ward ………………………………

Name of Village ………………………………..

Name of the Road& Link Number…………………………………………

From ………………………… to…………………… Total length …….km

1.2 The Group shall, in carrying out the maintenance work, undertake the works as listed below

on the relevant road (specifications Annex 1);-

a) Repair / replace scour checks.

b) Clear side, catch water and mitre drains of all vegetation, silt and debris that can

impede smooth flow of water including disposal of appropriately.

c) Repair eroded ditches to enable smooth flow of water.

d) Unblock all silted culverts including inlets and outlets.

e) Clear all stream channels of debris and vegetation to ease the flow of water through

bridges and culverts.



34

f) Fill potholes and minor gullies that have developed on the carriageway using good

soils that is available within the area that the road passes and ensure that the depth

of the potholes/gullies do not exceed 15cm.

g) Replenish soil on the road carriageway to ensure flow of water from the road to the

side slopes through shoulders where the road has been constructed with shoulders.

h) Reinstate eroded shoulders and ditch slopes using appropriate material.

i) Cut/Weed all vegetation off the carriageway and shoulders.

j) Cut side grass and bushes to heights not exceeding 30cm and to a distance of 1.5m

from the outer edge of the side drains on all sides of the road

k) Removal of objects that could cause closure of the road or cause the road to be

unsafe/health hazard to road users such as dead animals, landslides, fallen trees,

large stones/boulders etc

2.0 OBLIGATIONS OF THE EMPLOYER

2.1 The Employer will have the overall responsibility of the contract. He will be represented by

an engineer/technician (Road Overseer) appointed for the day-to-day management of the

contract. Whenever the Road Overseer is changed, the Group shall be notified accordingly.

The Group shall comply with the instructions and directions of the Road Overseer.

2.2 The Employer shall on request provide to the Group hand tools such as:- shovels, slashers,

hoes, wheel barrow, machetes, pangas and rakes detailed in Annex 2 hereto; otherwise the

contractor should provide his/her own tools.

2.3 The tools shall be provided on the hire purchase arrangement to be paid for against

certificates. The tools will become the property of the Group once the cost of the tools is

fully recovered by the Council.

2.4 The hand tools whether on hire purchase or owned by the Group shall be inspected at each

time of payment to ensure that work does not suffer due to lack of appropriate tools.

3.0 MODE OF PAYMENT TO THE GROUP

3.1 The Employer shall pay the Group a total amount of Shs. …………….For carrying out road

maintenance as outlined in this contract for the whole duration of the contract.

3.2 The Group’s work shall be inspected jointly by the Road overseer and the Groups’ leaders

every end of the month to verify whether the maintenance works have been executed as

expected. The inspection report shall be prepared jointly. If it is agreed that the

maintenance works have been carried out properly, the Group shall submit to the Employer

a request for payment. If it will be agreed that certain works had not been carried out

satisfactorily, the inspection report shall list the outstanding works and Group will be obliged

to execute the works within seven (7) days from the date of inspection and the Road

Overseer and the Group’s leaders shall re-inspect the works thereafter. A certificate of

acceptance of maintenance works shall be issued by the engineer before the monthly

payments are affected.

3.3 In consideration of the satisfactory maintenance works performed by the Group during the

month as per sub-clause 2.2 above, the Employer shall pay to the Group the monthly



35

contract lump sum of TShs ………….… being 100% of the amount due for the particular

month.

3.4 The Employer shall review the monthly rates anytime the basic market labour rates change

in excess of 10%.

3.5 The Group shall be paid within 10 days from the date of certificate.

3.6 The Group shall maintain an account with the nearest Commercial Bank and the account

number shall be made known to the Employer for payments purposes.

4.0 COMMENCEMENT, DURATION AND TERMINATION

4.1 This contract shall commence on the date of signature and shall be for duration of (number

of months).and may be renewable thereafter by the agreement of both parties.

4.2 This contract shall be terminated at the end of the contract period specified in 4.1 or when

one of the parties fails to fulfil the obligations under this contract by one of the parties giving

one month’s notice to the other party.

4.3 Upon termination and in the case where the cost of basic tools is not yet fully recovered

from the contractor the following will apply:-

a) The Group will pay up the balance and retain the tools;

b) The tools will be surrendered to the Employer.

c) In case of loss or theft of such tools, the Group shall purchase the tools of similar

specifications or reimburse the Employer the cost thereof.

4.4 If it is evident that the Group has failed to carry out timely road maintenance as per the

contract and/or has failed to follow the instructions of the Employer and therefore doing

sub-standard work and/or be guilty of any serious misconduct including persistently working

behind schedule, indulging in any act of dishonesty or any serious breach or non-observance

of any conditions of this agreement or shall fail or refuse to carry out the duties assigned to

him hereunder, the Employer shall be entitled summarily to terminate the Contract

hereunder without notice and without any payment in lieu of notice.

5.0 MODIFICATION TO THE CONTRACT

Modification of the terms and conditions of this contract, including any modification of the scope of

the services shall be by written agreement between the parties.

6.0 SETTLEMENT OF DISPUTES

6.1 The parties shall use their best efforts to settle amicably all disputes arising out or in

connection with this contract before deciding to use other legal channels.

6.2 When amicable settlement has not been possible, the dispute shall be referred to a single

arbitrator to be nominated by the District Executive Director in whose District the Group is

operating in accordance with and subject to the provision of the Arbitration procedures

applicable in the United Republic of Tanzania.



36

7.0 CONCLUSION

It is hereby understood that Annexures to this Contract shall be read together with this contract and

shall form an integral part of it.

Signed for and on behalf of the Employer For and behalf of the Group

Name: ………………………. Name …………………………………

Position ………………………. Position ……………………………..

(Signature) ……………………………. (Signature) ……………………………………

Witness: Witness:

Name ……………………………. Name: .………………………………….

Position ……………………… Position: ………………………………..

(Signature) ……………………… (Signature) …………………………………..



37

ANNEX 1: SPECIFICATIONS

Inspection and Removal of Obstructions

Inspect the road, identify and remove all obstructions so that the road remains clean at all times. If

the obstruction is a dead animal, it should be buried off the road reserve and to a depth of at least

1m.

Clean Side Drains

Clear the side drains of all vegetation, silts and debris to keep them clean and draining at all times.

The material removed should be disposed at least 10m from the centreline of the road or as directed

by the Road Overseer.

Reinstate/Repair of Scour Checks

Reinstate/repair scour checks made of stones or wooden pegs firmly fixed in the ditch to the

following spacing:

Less 4% gradient - Not required

5% gradient - 20 m interval



Repair eroded ditches

Repair eroded ditches including side drains with suitable material and compact.

Clear Mitre Drains

Clear mitre drains so that they are clean and draining all the time. The material removed should be

disposed of at least 5m from the drain and not less than 10m from the road centreline.

Clean culverts

Unblock all silted culverts including inlets, outlets, and outflow channels to a minimum length of

20m.

Clear Stream Channels

Clean Stream channels of debris and vegetation to ease the flow of water through bridges and

culverts at all times 10m upstream and downs stream.

Clear Catchwater Drains

Clean catchwater drains of all silts, debris and vegetation and dispose of at least 5m from the drain

and on the further side of the carriageway or as directed by the Road Overseer.

Fill Potholes and Minor Gullies



38

Fill potholes and minor gullies that develop on carriageway with approved material.

Grub to reinstate road Camber

Reinstate eroded shoulder slopes and ditch slopes using approved material and compact to original

levels.

Grass Cutting

Keep all grass cut to a height not more than 300mm for a width of 1.5m from the side ditch and cut

grass on shoulders and dispose of all debris not less than 5m from the side drain.



39

ANNEX 2 - WORKING TOOLS TO BE SUPPLIED BY THE COUNCIL

Name of Village/ CBO.………………………………

ITEM

NO

DESCRIPTION QTY UNIT

RATE

(TShs)

TOTAL

COST(TShs)

REMARKS

1

2

3

4

5

6

7

8

9

10

11



40

TYIPCAL LIST OF WORKING TOOLS FOR USE BY CBO/VILLAGE GOVERNMENT IN CARRYING OUT

ROAD MAINTENANCE WORKS

S/N

WORKING TOOL

QUANTITY DEPENDING ON LENGTH AND TERRAIN

10-20km flat

/rolling

10-20km

mountainous

/ hilly

20-30 km

flat /rolling

20-30km

mountainous

/ hilly

1 Plain Hoe with handle 15 25 20 30

2 Fork Hoe with handle 10 10 15 15

3 Shovel/spade with steel handle 15 20 15 20

4 Panga - 18" heavy duty 10 15 10 15

5 Slasher 20 20 20 20

6 Rake heavy duty with handle 10 10 15 15

7 Wheel Barrow (Heavy Duty) 8 10 10 13

8 Axe with handle 5 5 5 5

9 Pick axe - 3.5kg with handle 5 10 10 10

10 Hammer - heavy duty (8 kg) 2 2 3 3

11 Hammer – light duty 2 2 2 2