Anes Design Standards - Draft

ANES DESIGN STANDARDS (DRAFT)
CONTENTS

1. TABLE 1A: DESIRABLE MINIMUM GEOMETRIC DESIGN
REQUIREMENTS FOR SURFACED ROADS
2. TABLE 1B: MINIMUM GEOMETRIC DESIGN
REQUIREMENTS FOR SURFACED ROADS
3. TABLE 2: MINIMUM DESIGN REQUIREMENTS FOR
DRAINAGE STRUCTURES
4. TABLE 3A: DEFINITION OF ROAD CATEGORIES AND
TYPICAL PAVEMENT CHARACTERISTICS
5. TABLE 3B: DESIRABLE MINIMUM PAVEMENT
DESIGN REQUIREMENTS FOR SURFACED ROADS
6. TABLE 3C: MINIMUM PAVEMENT DESIGN REQUIREMENTS
FOR SURFACED ROADS
7. TABLE 4A: DESIRABLE MINIMUM GEOMETRIC DESIGN
REQUIREMENTS FOR UNPAVED ROADS
8. TABLE 4B: MINIMUM GEOMETRIC DESIGN REQUIREMENTS
FOR UNPAVED ROADS

TABLE 1A: DESIRABLE NECESSIDADES MNIMAS PARA O PROJECTO
GEOMTRICO DE ESTRADAS ASFALTADAS
No DESCRIO
CLASSE DA ESTRADA
Primria Secundria Terciria
1 GERAL

1.1 Velocidade minima do projecto

1.2 Espao mnimo entre interseces

100 km/h

600 m

80 km/h

300 m

60 km/h

200 m
2 ALINHAMENTO HORIZONTAL

2.1 Raios mnimos

2.2 Inclinao minima de seco
transversal da Estrada asfaltada

- Para grau vertical >0,5%
- Para grau vertical <=0,5%

2.3 Inclinao minima de seco da
estrada.

2.4 Mxima Super-elevao

350 m

2%
3%

4,0%

8%

210 m

2%
3%

4,0%

8%

110 m

2%
3%

4,0%

8%
3 ALINHAMENTO VERTICAL

3.1 grade longitudinal mximo

3.2 grade longitudinal mximo

3.3 Valor mximo de K

- For crest curve
- For sag curve

3.4 Minimum Sigh Distances

- Stopping Sight Distance on
level roads
downgrades
i. -3%
ii. -4%
iii. -5%
iv. -6%
v. -7%
vi. -8%

5%

0,2%

60
36

205 m

220 m
225 m
230 m
---
---
---

6%

0,2%

33
25

140 m

150 m
180 m
210 m
240 m
---
---

7%

0,2%

16
16

85 m

90 m
92m
94 m
95 m
100 m
105 m

- Meeting (Barrier) Sight
Distance
- Passing Sight Distance
- Shoulder Sight Distance for
Yield Condition (car) at
intersections

3.5 Minimum length of vertical curves

3.6 Maximum gradients

- Flat topography
- Rolling topography
- Mountainous topography

3.7 Critical length of grade (truck speed
is reduced to 20km/h)

- 3%
- 4%
- 5%
- 6%
- 7%
- 8%

3.8 Minimum run-off length

320 m

680 m
180 m

180 m

4%
5%
6%

500 m
300 m
240 m
---
---
---

60 m

240 m

560 m
150 m

140 m

5%
6%
7%

500 m
300 m
240 m
200 m
---
---

50 m

170 m

420 m
110 m

100 m

6%
7%
8%

500 m
300 m
240 m
200 m
170 m
---

40 m
4 LANE WIDTH

4.1 Minimum lane width

4.2 Minimum surfaced shoulder width

4.3 Minimum unpaved shoulder width
- with a paved shoulder
- without a paved shoulder

3,5 m

1,5 m

1,0 m
3,0 m

3,0 m

1,0 m

0,5 m
1,5 m

3,0 m

0,5 m

0,5 m
1,0 m

TABLE 1B: MINIMUM GEOMETRIC DESIGN REQUIREMENTS FOR SURFACED
ROADS
No DESCRIPTION
ROAD CLASS
Primary Secondary Tertiary
1 GENERAL

1.1 Minimum Design Speed

1.2 Minimum Spacing between
Intersections

60 km/h

400 m

60 km/h

200 m

40 km/h

200 m
2 HORIZONTAL ALIGNMENT

2.1 Minimum radius

2.2 Desirable minimum radius

2.3 Minimum Crossfall of surfaced cross
section
- For vertical grade >0,5%
- For vertical grade <=0,5%

2.4 Minimum Crossfall of unpaved
shoulders

2.5 Maximum Superelevation

2.6 Minimum Superelevation

115 m

250 m

2%
3%

4,0%

10%

3%

115 m

200 m

2%
3%

4,0%

10%

3%

50 m

150 m

2%
3%

4,0%

10%

3%
3 VERTICAL ALIGNMENT

3.1 Maximum longitudinal grade

3.2 Minimum longitudinal grade

3.3 Minimum K value

- For crest curve
- For sag curve

3.4 Minimum Sigh Distances

level roads
downgrades
i. 3%
ii. 4%
iii. 5%
iv. 6%
v. 7%

6%

0%

18
17

85 m

90 m
92 m
94 m
95 m
---

7%

0%

18
17

85 m

90 m
92 m
94 m
95 m
97 m

8%

0%

6
8

45 m

34 m
39 m
45 m
50 m
50 m
vi. 8%

- Meeting (Barrier) Sight
Distance
- Passing Sight Distance
- Decision Sight Distance
- Shoulder Sight Distance for
Yield Condition

3.5 Minimum length of vertical curves

3.6 Maximum gradients

- Flat topography
- Rolling topography
- Mountainous topography

3.7 Critical length of grade (truck speed
is reduced to 20km/h)

- 3%
- 4%
- 5%
- 6%
- 7%
- 8%

3.8 Minimum run-off length
---

170 m

410 m
190 m
110 m

40 m

6%
7%
8%

500 m
300 m
240 m
200 m
---
---

40 m

---

170 m

410 m
190 m
110 m

40 m

6%
7%
8%

500 m
300 m
240 m
200 m
170 m
---

40 m
50 m

110 m

290 m
130 m
70 m

30 m

6%
8%
9%

500 m
300 m
240 m
200 m
170 m
150 m

30 m
4 LANE WIDTH

4.1 Minimum lane width

4.2 Minimum surfaced shoulder width

4.3 Minimum unpaved shoulder width
- with a paved shoulder
- without a paved shoulder

3,1 m

0 m

0,5 m
1,5m

3,0 m

0 m

0 m
0,5 m

3,0 m

0 m

0 m
0,5 m

TABLE 2: DESIRABLE MINIMUM DESIGN REQUIREMENTS FOR DRAINAGE
STRUCTURES
No DESCRIPTION
ROAD CLASS
1 DESIGN RETURN PERIOD FOR A
1:20 YEAR PEAK DISCHARGE
(CUMECS) FOR PIPES

1.1 Up to but not exceeding 20

1.2 Exceeding 20 but not exceeding 250

1.3 Exceeding 250

1:5

1:10

1:30

1:5

1:10

1:30

1:5

1:10

1:30
(CUMECS) FOR CULVERTS



2.3 Exceeding 250

1:10

1:20

1:30

1:10

1:20

1:30

1:10

1:20

1:30
(CUMECS) FOR LOW LEVEL
STRUCTURE
1



3.3 Exceeding 250

1:10

1:20

1:30

1:10

1:20

1:30

1:10

1:20

1:30
4 MAXIMUM DEPTH OF OVERFLOW

4.1 Super-critical flow

4.2 Sub-critical flow

100 mm

150 mm

100 mm

150 mm

100 mm

150 mm
(CUMECS) FOR HIGH LEVEL
STRUCTURE



4.3 Exceeding 250

1:20

1:50

1:100

1:20

1:50

1:100

1:20

1:50

1:100

5 DESIRABLE MINIMUM PIPE AND
CULVERT GRADIENT
2% 2% 2%
6 MINIMUM PIPE DIAMETER

6.1 Gradient >2%

6.2 Gradient <2%

600mm

900 mm

600mm

900 mm

600mm

900 mm
7 MINIMUM CULVERT HEIGTH

7.1 Gradient >2%

7.2 Gradient <2%

600mm

900mm

600mm

900mm

600mm

900mm

8 MAXIMUM PERMISSIBLE
VELOCITIES IN UN-LINED
CHANNELS

8.1 No vegetation, sandy material

8.2 Well established grass

8.3 Bunch grasses, exposed soil

0,5 m\s

1,8 m\s

1,2 m\s

0,5 m\s

1,8 m\s

1,2 m\s

0,5 m\s

1,8 m\s

1,2 m\s

9 MINIMUM COVER TO PIPES AND
CULVERTS

9.1 Gravel

9.2 Sand

9.3 Soilcrete (UCS>3000 MPa)

400 mm

450 mm

300 mm

400 mm

450 mm

300 mm

400 mm

450 mm

300 mm
10 INTERNAL CHANNEL MAXIMUM
SLOPE

10.1 Rock
10.2 Stiff clay
10.3 Soil with stone pitching
10.4 Large earth channels
10.5 Firm clay or small earth channels
10.6 Loose, sandy soil
10.7 Sandy clay, porous clay
10.8 Grassed channels

Almost vertical
1:1
1:1
1:1
1:1,5
1:2,5
1:3
1:3

Almost vertical
1:1
1:1
1:1
1:1,5
1:2,5
1:3
1:3

Almost vertical
1:1
1:1
1:1
1:1,5
1:2,5
1:3
1:3

TABLE 3A: DEFINITION OF THE ROAD CATEGORIES AND PAVEMENT ACCEPTANCE
CRITERIA
DESCRIPTION
NATIONAL ROAD CATEGORIES
I II III IV
DEFINITION OF ROAD CATEGORY
Primary Roads:
Interurban and
rural roads
forming part of
the trunk road
system.
Secondary Roads:
Interurban
collectors and rural
roads connecting
important cities
and cities to the
trunk road system
Secondary and
Tertiary Roads:
Rural roads
interconnecting cities
and connecting
important cities as
well as connecting
cities and productive
areas to the railroad
network. Access
roads to important
cities
Secondary and
Tertiary Roads:
Minor rural access
roads. Roads
connecting cities
and areas of less
of less importance
in terms of the
evaluation criteria
Importance Very Important Important Important Less Important
Service Level
High to moderate
level of service
Moderate to low
level of service
Moderate to low level
of service
Low level of service
Risk Medium Medium High Very high
Approximate Pavement Design
and Pavement Rehabilitation
Design Reliability
80% 80% 70% 50%
Daily Traffic (e.v.u.) 500 20 000 100 500 30 100 0 to 50
Terminal Criteria for Instrument Assessed Parameters: Riding Quality and Rut-depth for Surfaced Roads
Riding Quality after new
construction or major
rehabilitation (IRI)
1
2,0 2,0
2
3,0
2
3,0
2
Level 1Terminal Riding Quality
(IRI)
4,0 4,5 4,8 5,0
Level 2 Terminal Riding
Quality (IRI)
4,5 5,0 6,0 6,5
Level 1 Terminal Rut level 15 mm 15 mm 20 mm 20 mm
Level 2 Terminal Rut level 20 mm 20 mm 25 mm 30 mm
Area of road segment exceeding
Level 1 Terminal condition
50% 50% 60% 70%
Area of road segment exceeding
Level 2 Terminal Condition
(Riding Quality and Rutting)
20% 20% 30% 50%
Terminal Criteria for Visually Assessed Parameters (TMH9) for Surfaced Roads
Crocodile cracking
(degrees 1 to 3)

Longitudinal cracking
(degrees 1 to 3)

Patching( degrees 1 to 3)

Failures (Degrees 1 to 3)
<15%

<20%

<15%

<5%
<15%

<25%

<20%

<8%
<20%

<30%

<25%

<15%
<30%

<35%

<35%

<30%

Notes to Table 3A:
1. Road roughness is defined as the deviations of a pavement from a true planar surface and shall be measured
with an inertial profilometer capable of producing World Class 1 verticla measurement and a Class 3
longitudinal sampling distance, as defined in ASTM standard (E950-94). Measurements shall be taken in
both directions, in both wheel paths and cumulated and stored as m\km roughness for every 100 m. The IRI
shall be calculated for each 100 m. Segment lengths for which cumulative distribution graphs will be
prepared, shall be 5 km long.

2. The values shown are only applicable to roads built using plant intensive methods. Where labour-intensive
methods are applied, the magnitude of the labour intensive componant will determine (at preliminary design
phase), the riding quality requirements for newly constructed roads.

3. Rut depth shall be measured on the outer wheel paths in both directions at 10m testing interval. Rut depth
data shall be processed to produce results in mm in 5-km segment lenghts. A cumulative distributiuon graph
shall be drawn-up for each segment and the measured rut-depth shall meet the acceptance criteria shown in
Table 3A.

4. A segment of the road is considered to have reach its terminal condition and is in need of rehabilitation
when the cumulative frequency graph (performance parameter value intervals versus frequency) shows that
either or both levels of condition (Levels 1 and 2) have been reached.

5. Traffic Category IV are likely of be unpaved roads. Failure criteria for unpaved (gravel and earth) roads is
included in Table 3B.

TABLE 3B: DESIRABLE MINIMUM PAVEMENT DESIGN REQUIREMENTS FOR
SURFACED ROADS
No DESCRIPTION
ROAD CATEGORY
1 CUT AND FILL DESIGN

1.1 Minimum safety actor of safety for
stability of cuts and fills

1,5

1,5

1,5
2 STRUCTURAL CAPACITY

2.1 Structural Design period for New
Construction

2.2 Structural Design period for
Rehabilitation

2.3 Structural Design Period for
Periodic Maintenance

15 years

15 years

10 years

15years

15 years

10 years

10 years

10 years

10 years

TABLE 3C: DESIRABLE MINIMUM PAVEMENT DESIGN REQUIREMENTS FOR
UNPAVED ROADS
No DESCRIPTION
ROAD CATEGORY
I II III IV
1
TRAFFIC

1.1 Daily Traffic (e.v.u.)

100 200

40 - 100

0 40
2
MINIMUM LEVEL OF
SERVICEABILITY

2.1 Riding Quality (QI) over 10% of
link
4

2.2 Impassability

N/A

N/A

100

>10
days/year

100

>10
days/year

200

Frequently
3
CUT AND FILL DESIGN

3.1 Minimum safety actor of safety for
stability of cuts and fills

N/A
1,5

1,5

1,5
4
STRUCTURAL CAPACITY

4.1 Structural Design Period (or re-
gravelling frequency)
1

4.1.1 Structural Design period for
New Construction
4.1.2 Structural Design period for
Rehabilitation

4.2 Minimum Thickness Required
2

4.2.1 Subgade CBR >=5%
4.2.2 Subgrade CBR >5%

N/A

N/A

N/A
N/A

5 years

5 years

0 mm
100 mm

5 years

5 years

0 mm
100 mm

5 years

5 years

0 mm
50 mm

Notes to Table 3C:

1. The Structural Design Period of Unpaved Roads will be dictated by the quality of the material to
be used, the traffic and the road category. If erodible materials are to be used (no funds for cement
or bitumen treatment or for transporting material of a better quality), a shorter structural design
period should be adopted, resulting in a higher rehabilitation (reworking, regravelling and
compaction) frequency.

2. The minimum thickness t is as defined in the Draft TRH20:1999 as the first term of the
following equation:

T =t +(1 +C
t
/100) x (GL
p
x L
d
) (Equation 1)

With,

t = minimum thickness required for subgrade protection (mm),
C
t
= traffic induced compaction,
GL
p
= predicted annual gravel loss (mm)
L
d
= design life of road or regravelling frequency (years)

The type of material used as wearing course will influence the annual material loss
and may result inadequate for the design period chosen. If sandy material is used and
the material loss due to rainfall, traffic or wind is expected to be high, the sandy
material to be used in the wearing course has to be treated with bituminous products
(prime coat, emulsion) or cement (50 mm depth minimum). The butter-slopes shall be
protected with cohesive materials where possible and grassed.

3. The other terms of Equation 1 can be derived as indicated in TRH20: 1990.

4. The maximum roughness is used to determine the grader blading frequency in maintenance
management systems.

TABLE 4A: DESIRABLE MINIMUM GEOMETRIC DESIGN REQUIREMENTS FOR
UNPAVED ROADS
No DESCRIPTION
ROAD CATEGORY
1 GENERAL

1.1 Minimum Design Speed

1.1.1 Flat terrain
1.1.2 Rolling Terrain
1.1.3 Mountainous Terrain

1.2 Spacing between Intersections
(minimum)

N/A
N/A
N/A

N/A

60 km/h
50 km/h
40 km/h

100 m

50 km/h
40 km/h
30 km/h

50 m
2 HORIZONTAL ALIGNMENT
1

2.1 Minimum radius of curve at 0,08m/m
(3)

2.1.1 60 km/h
2.1.2 50 km/h
2.1.3 40 km/h
2.1.4 30 km/h

2.2 Crossfall of surfaced cross section


2.4 Minimum Superelevation

N/A
N/A
N/A
N/A

N/A
N/A

N/A

N/A

125 m
90 m
60 m
55 m

4,0%
5,0%

8%

3%

125 m
90 m
60 m
55 m

4,0%
5,0%

8%

3%
3
VERTICAL ALIGNMENT


3.2 Minimum unrestricted sight distance

N/A

N/A

8%

75 m

8%

75 m
4 ROAD WIDTH
1

4.1 Minimum pavement width

4.2 Minimum formation width

N/A

N/A

6,0 m

10,0 m

6,0 m

7,0 m

Notes:
1. The surfaced width values shown in the table correspond to a two-lane road. If traffic demands
are high enough as to warrant forur lanes, the road should be surfaced.
2. All primary class roads shall be surfaced.
3. For minimum redius of horixontal curve, the SATCC Code of Practice shall be followed.

TABLE 4B: ABSOLUTE MINIMUM GEOMETRIC DESIGN REQUIREMENTS FOR
UNPAVED ROADS
No DESCRIPTION
ROAD CLASSES
Primary Secondary Terciary
1
GENERAL

1.1 Design Speed

1.2 Spacing between Intersections
(minimum)

60 km/h

120 m

50 km/h

100 m

40 km/h

50 m
2
HORIZONTAL ALIGNMENT

2.1 Minimum radius

2.2 Desirable minimum radius

2.3 Crossfall of surfaced cross section

1

135

150

4,0%
5,0%

10%

90 m

110 m

4,0%
5,0%

10%

55 m

60 m

4,0%
5,0%

10%
3
VERTICAL ALIGNMENT


3.2 Minimum unrestricted sight distance

10%

75 m

10%

75 m

10%

75 m
4 ROAD WIDTH

4.1 Minimum pavement width

4.2 Minimum formation width

5,5 m

12,0 m

5,0m

10,0 m

4,0 m

4,5 m

Notes:
1. In areas of high rainfall, a maximum of 8% should not be exceeded.

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Section 6. Standard Forms of Contract

ANNEX 6A
vi
S T A N D A R D F OR M OF C ON T R A C T

Consultants Services
Complex Time-Based Assignments

The World Bank
Washington, D.C.

June 1997
Revised April 1998 and J uly 1999
Contents ii
CONTENTS

Preface ............................................................................................................................v

Contract for Consultants Services .............................................................................. ix

I. FORM OF CONTRACT ............................................................................................1

II. General Conditions of Contract .................................................................................3
1. General Provisions ....................................................................................................... 3
1.1 Definitions.............................................................................................................. 3
1.2 Relation between the Parties ................................................................................... 4
1.3 Law Governing Contract ......................................................................................... 4
1.4 Language ................................................................................................................ 4
1.5 Headings ................................................................................................................. 4
1.6 Notices .................................................................................................................... 4
1.7 Location .................................................................................................................. 4
1.8 Authority of Member in Charge .............................................................................. 5
1.9 Authorized Representatives ..................................................................................... 5
1.10 Taxes and Duties ................................................................................................... 5

2. Commencement, Completion, Modification and Termination of Contract ................. 5
2.1 Effectiveness of Contract ........................................................................................ 5
2.2 Termination of Contract for Failure to Become Effective ........................................ 5
2.3 Commencement of Services .................................................................................... 5
2.4 Expiration of Contract ............................................................................................. 5
2.5 Entire Agreement .................................................................................................... 5
2.6 Modification ........................................................................................................... 5
2.7 Force Majeure ......................................................................................................... 6
2.7.1 Definition ...................................................................................................... 6
2.7.2 No Breach of Contract .................................................................................. 6
2.7.3 Measures to be Taken ..................................................................................... 6
2.7.4 Extension of Time .......................................................................................... 7
2.7.5 Payments ........................................................................................................ 7
2.7.6 Consultation ................................................................................................... 7
2.8 Suspension .............................................................................................................. 7
2.9 Termination ............................................................................................................ 7
2.9.1 By the Client ................................................................................................. 7
2.9.2 By the Consultants ......................................................................................... 8
2.9.3 Cessation of Rights and Obligations ............................................................... 9
2.9.4 Cessation of Services ..................................................................................... 9
2.9.5 Payment upon Termination ............................................................................ 9
2.9.6 Disputes about Events of Termination ............................................................ 9
Contents iii
3. Obligations of the Consultants ................................................................................... 10
3.1 General ................................................................................................................. 10
3.1.1 Standard of Performance ............................................................................. 10
3.1.2 Law Governing Services .............................................................................. 13
3.2 Conflict of Interests .............................................................................................. 10
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc. .................. 10
3.2.2 Procurement Rules of Funding Agencies ...................................................... 10
3.2.3 Consultants and Affiliates Not to Engage in Certain Activities ..................... 11
3.2.4 Prohibition of Conflicting Activities ............................................................. 11
3.3 Confidentiality ..................................................................................................... 11
3.4 Liability of the Consultants ................................................................................... 11
3.5 Insurance to be Taken Out by the Consultants ....................................................... 11
3.6 Accounting, Inspection and Auditing .................................................................... 11
3.7 Consultants Actions Requiring Clients Prior Approval ....................................... 12
3.8 Reporting Obligations ........................................................................................... 12
3.9 Documents Prepared by the Consultants to be the Property of the Client .............. 12
3.10 Equipment and Materials Furnished by the Client ............................................... 12

4. Consultants Personnel and Subconsultants............................................................... 12
4.1 General ................................................................................................................. 12
4.2 Description of Personnel ....................................................................................... 12
4.3 Approval of Personnel ........................................................................................... 13
4.4 Working Hours, Overtime, Leave, etc. .................................................................. 13
4.5 Removal and/or Replacement of Personnel ........................................................... 14
4.6 Resident Project Manager ..................................................................................... 14

5. Obligations of the Client ............................................................................................ 14
5.1 Assistance and Exemptions ................................................................................... 14
5.2 Access to Land ...................................................................................................... 15
5.3 Change in the Applicable Law .............................................................................. 15
5.4 Services, Facilities and Property of the Client ....................................................... 16
5.5 Payment ................................................................................................................ 16
5.6 Counterpart Personnel ........................................................................................... 16

6. Payments to the Consultants ...................................................................................... 20
6.1 Cost Estimates; Ceiling Amount ........................................................................... 16
6.2 Remuneration and Reimbursable Expenditures ..................................................... 17
6.3 Currency of Payment ............................................................................................ 17
6.4 Mode of Billing and Payment................................................................................ 17

7. Fairness and Good Faith ............................................................................................ 19
7.1 Good Faith ............................................................................................................ 19
7.2 Operation of the Contract ...................................................................................... 19
Contents iv
8. Settlement of Disputes ............................................................................................... 19
8.1 Amicable Settlement ............................................................................................. 19
8.2 Dispute Settlement ................................................................................................ 19

III............................................................... SPECIAL CONDITIONS OF CONTRACT 21
Model Form I ............................................................................................................. 30
Model Form II ............................................................................................................ 43

IV. ........................................................................................................... APPENDICES 32
Appendix ADescription of the Services ................................................................ 32
Appendix BReporting Requirements ..................................................................... 32
Appendix CKey Personnel and Subconsultants ..................................................... 32
Appendix DMedical Certificate ............................................................................. 32
Appendix EHours of Work for Key Personnel ...................................................... 33
Appendix FDuties of the Client ............................................................................. 33
Appendix GCost Estimates in Foreign Currency................................................... 33
Appendix HCost Estimates in Local Currency ...................................................... 34
Appendix IForm of Bank Guarantee for Advance Payments ................................ 35

v
Preface

1. This Standard Contract for Consultants Services has been prepared by The World Bank
for use by its borrowers and their implementing agencies (referred to hereinafter as
Clients) when they hire consulting firms (referred to hereinafter as Consultants) for
complex assignments (like, e.g., design, engineering and supervision services,
management services, etc.), for which remuneration is being determined on the basis of
the time actually spent by the Consultants in carrying out the services. Its use is
mandatory under the circumstances described.

2. The Standard Contract consists of four parts: the Form of Contract to be signed by the
Client and the Consultants, the General Conditions of Contract, the Special Conditions
of Contract, and the Appendices. Parties using this Standard Contract for services
financed by The World Bank should note that the General Conditions must be retained
unchanged. Clauses in the Special Conditions should be dealt with as specified in the
notes to individual clauses.

vi
CONTRACT FOR CONSULTANTS SERVICES

Complex Time-Based Assignments

between

[name of the Client]

and

[name of the Consultants]

Dated:

1
I. Form of Contract
COMPLEX TIME-BASED ASSIGNMENTS

This CONTRACT (hereinafter called the Contract) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of client] (hereinafter called the Client)
and, on the other hand, [name of consultants] (hereinafter called the Consultants).

[Note: If the Consultants consist of more than one entity, the above should be partially
amended to read as follows: (hereinafter called the Client) and, on the other hand, a
joint venture consisting of the following entities, each of which will be jointly and severally
liable to the Client for all the Consultants obligations under this Contract, namely, [name of
consultants] and [name of consultants] (hereinafter called the Consultants).]
1

WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services
as defined in the General Conditions of Contract attached to this Contract
(hereinafter called the Services);

(b) the Consultants, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;

(c) the Client has received [or has applied for] a loan from the International Bank
for Reconstruction and Development (hereinafter called the Bank) [or a
credit from the International Development Association (hereinafter called the
Association)] towards the cost of the Services and intends to apply a portion
of the proceeds of this loan [or credit] to eligible payments under this
Contract, it being understood (i) that payments by the Bank [or Association]
will be made only at the request of the Client and upon approval by the Bank
[or Association], (ii) that such payments will be subject, in all respects, to the
terms and conditions of the agreement providing for the loan [or credit], and
(iii) that no party other than the Client shall derive any rights from the
agreement providing for the loan [or credit] or have any claim to the loan [or
credit] proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;

1
Text in brackets is optional; all notes should be deleted in final text.
I. Form of Contract 2
(c) The following Appendices: [Note: If any of these Appendices are not used, the
words Not Used should be inserted below next to the title of the Appendix and
on the sheet attached hereto carrying the title of that Appendix.]

Appendix A: Description of the Services Not used
Appendix B: Reporting Requirements Not used
Appendix C: Key Personnel and Subconsultants Not used
Appendix D: Medical Certificate Not used
Appendix E: Hours of Work for Key Personnel Not used
Appendix F: Duties of the Client Not used
Appendix G: Cost Estimates in Foreign Currency Not used
Appendix H: Cost Estimates in Local Currency Not used
Appendix I: Form of Guarantee for Advance Payments Not used

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract, in particular:

(a) the Consultants shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

For and on behalf of [name of client]

[Authorized Representative]

For and on behalf of [name of consultants]


[Note: If the Consultants consist of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Consultants

[name of member]


[name of member]


3
II. General Conditions of Contract
1. GENERAL PROVISIONS
1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:

(a) Applicable Law means the laws and any other instruments
having the force of law in the Governments country (or in such
other country as may be specified in the Special Conditions of
Contract [SC]), as they may be issued and in force from time to
time;

(b) Bank means the International Bank for Reconstruction and
Development, Washington, D.C., U.S.A.;
or
(b) Association means the International Development
Association, Washington, D.C., U.S.A.;

(c) Contract means the Contract signed by the Parties, to which
these General Conditions of Contract (GC) are attached, together
with all the documents listed in Clause 1 of such signed
Contract;

(d) Effective Date means the date on which this Contract comes
into force and effect pursuant to Clause GC 2.1;

(e) Foreign Currency means any currency other than the currency
of the Government;

(f) GC means these General Conditions of Contract;

(g) Government means the Government of the Clients country;

(h) Local Currency means the currency of the Government;

(i) Member, in case the Consultants consist of a joint venture of
more than one entity, means any of these entities; and
Members means all these entities;

(j) Party means the Client or the Consultants, as the case may be,
and Parties means both of them;

(k) Personnel means persons hired by the Consultants or by any
Subconsultant as employees and assigned to the performance of
the Services or any part thereof; Foreign Personnel means
such persons who at the time of being so hired had their
domicile outside the Governments country; Local Personnel
means such persons who at the time of being so hired had their
II. General Conditions of Contract 4
domicile inside the Governments country; and Key Personnel
means the Personnel referred to in Clause GC 4.2(a);

(l) SC means the Special Conditions of Contract by which the
GC may be amended or supplemented;

(m) Services means the work to be performed by the Consultants
pursuant to this Contract, as described in Appendix A hereto;

(n) Subconsultant means any person or entity to whom/which the
Consultants subcontract any part of the Services in accordance
with the provisions of Clause GC 3.7;

(o) Third Party means any person or entity other than the
Government, the Client, the Consultants or a Subconsultant.

1.2 Relation between
the Parties
Nothing contained herein shall be construed as establishing a relation
of master and servant or of principal and agent as between the Client
and the Consultants. The Consultants, subject to this Contract, have
complete charge of Personnel and Subconsultants, if any, performing
the Services and shall be fully responsible for the Services performed
by them or on their behalf hereunder.

1.3 Law Governing
Contract
This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.

1.4 Language This Contract has been executed in the language specified in the SC,
which shall be the binding and controlling language for all matters
relating to the meaning or interpretation of this Contract.

1.5 Headings The headings shall not limit, alter or affect the meaning of this
Contract.

1.6 Notices 1.6.1 Any notice, request or consent required or permitted to be given
or made pursuant to this Contract shall be in writing. Any such
notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative
of the Party to whom the communication is addressed, or when
sent by registered mail, telex, telegram or facsimile to such Party
at the address specified in the SC.

1.6.2 Notice will be deemed to be effective as specified in the SC.

1.6.3 A Party may change its address for notice hereunder by giving
the other Party notice of such change pursuant to the provisions
listed in the SC with respect to Clause GC 1.6.2.

1.7 Location The Services shall be performed at such locations as are specified in
Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in the Governments country
or elsewhere, as the Client may approve.

1.8 Authority of
Member in
Charge
In case the Consultants consist of a joint venture of more than one
entity, the Members hereby authorize the entity specified in the SC to
act on their behalf in exercising all the Consultants rights and
obligations towards the Client under this Contract, including without
limitation the receiving of instructions and payments from the Client.

1.9 Authorized
Representatives
Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the Client
or the Consultants may be taken or executed by the officials specified
in the SC.

1.10 Taxes and Duties Unless otherwise specified in the SC, the Consultants, Subconsultants
and Personnel shall pay such taxes, duties, fees and other impositions
as may be levied under the Applicable Law.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of
Contract
This Contract shall come into force and effect on the date (the
Effective Date) of the Clients notice to the Consultants instructing
the Consultants to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SC have
been met.

2.2 Termination of
Contract for
Failure to Become
Effective
If this Contract has not become effective within such time period
after the date of the Contract signed by the Parties as shall be
specified in the SC, either Party may, by not less than four (4) weeks
written notice to the other Party, declare this Contract to be null and
void, and in the event of such a declaration by either Party, neither
Party shall have any claim against the other Party with respect hereto.

2.3 Commencement of
Services
The Consultants shall begin carrying out the Services at the end of
such time period after the Effective Date as shall be specified in the
SC.

2.4 Expiration of
Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this
Contract shall terminate at the end of such time period after the
Effective Date as shall be specified in the SC.

2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions
agreed by the Parties. No agent or representative of either Party has
authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set forth
herein.

2.6 Modification Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services, may only be made by
written agreement between the Parties and shall not be effective until
the consent of the Bank or of the Association, as the case may be, has
been obtained. Pursuant to Clause GC 7.2 hereof, however, each
Party shall give due consideration to any proposals for modification
made by the other Party.

2.7 Force Majeure

2.7.1 Definition (a) For the purposes of this Contract, Force Majeure means an
event which is beyond the reasonable control of a Party, and
which makes a Partys performance of its obligations hereunder
impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited
to, war, riots, civil disorder, earthquake, fire, explosion, storm,
flood or other adverse weather conditions, strikes, lockouts or
other industrial action (except where such strikes, lockouts or
other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other
action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such
Partys Subconsultants or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been
expected to both (A) take into account at the time of the
conclusion of this Contract and (B) avoid or overcome in the
carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or
failure to make any payment required hereunder.

2.7.2 No Breach of
Contract
The failure of a Party to fulfill any of its obligations hereunder shall
not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.

2.7.3 Measures to be
Taken
(a) A Party affected by an event of Force Majeure shall take all
reasonable measures to remove such Partys inability to fulfill
its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any event
not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such
event, and shall similarly give notice of the restoration of
normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

2.7.4 Extension of
Time
Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure.

2.7.5 Payments During the period of their inability to perform the Services as a result
of an event of Force Majeure, the Consultants shall be entitled to
continue to be paid under the terms of this Contract as well as to be
reimbursed for additional costs reasonably and necessarily incurred
by them during such period for the purposes of the Services and in
reactivating the Services after the end of such period.

2.7.6 Consultation Not later than thirty (30) days after the Consultants, as the result of
an event of Force Majeure, have become unable to perform a
material portion of the Services, the Parties shall consult with each
other with a view to agreeing on appropriate measures to be taken in
the circumstances.

2.8 Suspension The Client may, by written notice of suspension to the Consultants,
suspend all payments to the Consultants hereunder if the Consultants
fail to perform any of their obligations under this Contract, including
the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultants to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Consultants of such
notice of suspension.

2.9 Termination

2.9.1 By the
Client
The Client may, by not less than thirty (30) days written notice of
termination to the Consultants (except in the event listed in paragraph
(f) below, for which there shall be a written notice of not less than
sixty (60) days), such notice to be given after the occurrence of any
of the events specified in paragraphs (a) through (g) of this Clause
GC 2.9.1, terminate this Contract:

(a) if the Consultants fail to remedy a failure in the performance of
their obligations hereunder, as specified in a notice of
suspension pursuant to Clause 2.8 hereinabove, within thirty
(30) days of receipt of such notice of suspension or within such
further period as the Client may have subsequently approved in
writing;

(b) if the Consultants become (or, if the Consultants consist of
more than one entity, if any of their Members becomes)
insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation or receivership whether
compulsory or voluntary;

(c) if the Consultants fail to comply with any final decision
reached as a result of arbitration proceedings pursuant to Clause
GC 8 hereof;

(d) if the Consultants submit to the Client a statement which has a
material effect on the rights, obligations or interests of the
Client and which the Consultants know to be false;

(e) if, as the result of Force Majeure, the Consultants are unable to
perform a material portion of the Services for a period of not
less than sixty (60) days; or

(f) if the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.

(g) if the Consultant, in the judgment of the Client, has engaged in
corrupt or fraudulent practices in competing for or in executing
the Contract. For the purpose of this clause:

corrupt practice means the offering, giving, receiving or
soliciting of anything of value to influence the action of a
public official in the selection process or in contract execution.

fraudulent practice means a misrepresentation of facts in
order to influence a selection process or the execution of a
contract to the detriment of the Borrower, and includes
collusive practice among consultants (prior to or after
submission of proposals) designed to establish prices at
artificial non-competitive levels and to deprive the Borrower of
the benefits of free and open competition.

2.9.2 By the
Consultants
The Consultants may, by not less than thirty (30) days written notice
to the Client, such notice to be given after the occurrence of any of
the events specified in paragraphs (a) through (d) of this Clause GC
2.9.2, terminate this Contract:

(a) if the Client fails to pay any money due to the Consultants
pursuant to this Contract and not subject to dispute pursuant to
Clause GC 8 hereof within forty-five (45) days after receiving
written notice from the Consultants that such payment is
overdue;

(b) if the Client is in material breach of its obligations pursuant to
this Contract and has not remedied the same within forty-five
(45) days (or such longer period as the Consultants may have
subsequently approved in writing) following the receipt by the
Client of the Consultants notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultants are unable to
perform a material portion of the Services for a period of not
less than sixty (60) days; or

(d) if the Client fails to comply with any final decision reached as a
result of arbitration pursuant to Clause GC 8 hereof.

2.9.3 Cessation of
Rights and
Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC
2.9 hereof, or upon expiration of this Contract pursuant to Clause GC
2.4 hereof, all rights and obligations of the Parties hereunder shall
cease, except (i) such rights and obligations as may have accrued on
the date of termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GC 3.3 hereof, (iii) the
Consultants obligation to permit inspection, copying and auditing of
their accounts and records set forth in Clause GC 3.6(ii) hereof, and
(iv) any right which a Party may have under the Applicable Law.

2.9.4 Cessation of
Services
Upon termination of this Contract by notice of either Party to the
other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the
Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants and equipment and materials
furnished by the Client, the Consultants shall proceed as provided,
respectively, by Clauses GC 3.9 or GC 3.10 hereof.

2.9.5 Payment
upon
Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or
GC 2.9.2 hereof, the Client shall make the following payments to the
Consultants:

(a) remuneration pursuant to Clause GC 6 hereof for Services
satisfactorily performed prior to the effective date of
termination;

(b) reimbursable expenditures pursuant to Clause GC 6 hereof for
expenditures actually incurred prior to the effective date of
termination; and

(c) except in the case of termination pursuant to paragraphs (a)
through (d) of Clause GC 2.9.1 hereof, reimbursement of any
reasonable cost incident to the prompt and orderly termination
of the Contract including the cost of the return travel of the
Personnel and their eligible dependents.

2.9.6 Disputes
about Events
of
If either Party disputes whether an event specified in paragraphs (a)
through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has
occurred, such Party may, within forty-five (45) days after receipt of
Termination notice of termination from the other Party, refer the matter to
arbitration pursuant to Clause GC 8 hereof, and this Contract shall
not be terminated on account of such event except in accordance with
the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of
Performance
The Consultants shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods. The
Consultants shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful advisers to the Client, and
shall at all times support and safeguard the Clients legitimate
interests in any dealings with Subconsultants or Third Parties.

3.1.2 Law
Governing
Services

The Consultants shall perform the Services in accordance with the
Applicable Law and shall take all practicable steps to ensure that any
Subconsultants, as well as the Personnel of the Consultants and any
Subconsultants, comply with the Applicable Law. The Client shall
notify the Consultants in writing of relevant local customs, and the
Consultants shall, after such notification, respect such customs.

3.2 Conflict of Interests

3.2.1 Consultants
Not to Benefit
from
Commissions,
Discounts, etc.
The remuneration of the Consultants pursuant to Clause GC 6 hereof
shall constitute the Consultants sole remuneration in connection
with this Contract or the Services and, subject to Clause GC 3.2.2
hereof, the Consultants shall not accept for their own benefit any
trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the
discharge of their obligations hereunder, and the Consultants shall
use their best efforts to ensure that any Subconsultants, as well as the
Personnel and agents of either of them, similarly shall not receive
any such additional remuneration.

3.2.2 Procurement
Rules of
Funding
Agencies
If the Consultants, as part of the Services, have the responsibility of
advising the Client on the procurement of goods, works or services,
the Consultants shall comply with any applicable procurement
guidelines of the Bank or of the Association, as the case may be, and
other funding agencies and shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultants in the exercise of such
procurement responsibility shall be for the account of the Client.

3.2.3 Consultants
and Affiliates
Not to Engage
in Certain
Activities
The Consultants agree that, during the term of this Contract and after
its termination, the Consultants and any entity affiliated with the
Consultants, as well as any Subconsultant and any entity affiliated
with such Subconsultant, shall be disqualified from providing goods,
works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the
Services.

3.2.4 Prohibition of
Conflicting
Activities
The Consultants shall not engage, and shall cause their Personnel as
well as their Subconsultants and their Personnel not to engage, either
directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional
activities in the Governments country which would conflict
with the activities assigned to them under this Contract; and

(b) after the termination of this Contract, such other activities as
may be specified in the SC.

3.3 Confidentiality The Consultants, their Subconsultants and the Personnel of either of
them shall not, either during the term or within two (2) years after the
expiration of this Contract, disclose any proprietary or confidential
information relating to the Services, this Contract or the Clients
business or operations without the prior written consent of the Client.

3.4 Liability of the
Consultants
Subject to additional provisions, if any, set forth in the SC, the
Consultants liability under this Contract shall be as provided by the
Applicable Law.

3.5 Insurance to be
Taken Out by the
Consultants
The Consultants (i) shall take out and maintain, and shall cause any
Subconsultants to take out and maintain, at their (or the
Subconsultants, as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and
for the coverages, as shall be specified in the SC, and (ii) at the
Clients request, shall provide evidence to the Client showing that
such insurance has been taken out and maintained and that the
current premiums therefor have been paid.

3.6 Accounting,
Inspection and
Auditing
The Consultants (i) shall keep accurate and systematic accounts and
records in respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time changes and costs, and
the bases thereof (including such bases as may be specifically
referred to in the SC), and (ii) shall permit the Client or its designated
representative periodically, and up to one year from the expiration or
termination of this Contract, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the
Client and (iii) shall permit the Bank to inspect the Consultants
accounts and records relating to the performance of the Consultant
and to have them audited by auditors approved by the Bank, if so
required by the Bank.

3.7 Consultants
Actions Requiring
Clients Prior
Approval
The Consultants shall obtain the Clients prior approval in writing
before taking any of the following actions:

(a) appointing such members of the Personnel as are listed in
Appendix C merely by title but not by name;

(b) entering into a subcontract for the performance of any part of
the Services, it being understood (i) that the selection of the
Subconsultant and the terms and conditions of the subcontract
shall have been approved in writing by the Client prior to the
execution of the subcontract, and (ii) that the Consultants shall
remain fully liable for the performance of the Services by the
Subconsultant and its Personnel pursuant to this Contract;

(c) any other action that may be specified in the SC.

3.8 Reporting
Obligations
The Consultants shall submit to the Client the reports and documents
specified in Appendix B hereto, in the form, in the numbers and
within the time periods set forth in the said Appendix.

3.9 Documents
Prepared by the
Consultants to be
the Property of
the Client
All plans, drawings, specifications, designs, reports, other documents
and software prepared by the Consultants for the Client under this
Contract shall become and remain the property of the Client, and the
Consultants shall, not later than upon termination or expiration of
this Contract, deliver all such documents to the Client, together with
a detailed inventory thereof. The Consultants may retain a copy of
such documents and software. Restrictions about the future use of
these documents and software, if any, shall be specified in the SC.

3.10 Equipment and
Materials
Furnished by the
Client
Equipment and materials made available to the Consultants by the
Client, or purchased by the Consultants with funds provided by the
Client, shall be the property of the Client and shall be marked
accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of such equipment and
materials in accordance with the Clients instructions. While in
possession of such equipment and materials, the Consultants, unless
otherwise instructed by the Client in writing, shall insure them at the
expense of the Client in an amount equal to their full replacement
value.
4. CONSULTANTS PERSONNEL AND SUBCONSULTANTS

4.1 General The Consultants shall employ and provide such qualified and
experienced Personnel and Subconsultants as are required to carry
out the Services.

4.2 Description of (a) The title, agreed job description, minimum qualification and
Personnel estimated period of engagement in the carrying out of the
Services of each of the Consultants Key Personnel are
described in Appendix C. If any of the Key Personnel has
already been approved by the Client, his/her name is listed as
well.

(b) If required to comply with the provisions of Clause GC 3.1.1
hereof, adjustments with respect to the estimated periods of
engagement of Key Personnel set forth in Appendix C may be
made by the Consultants by written notice to the Client,
provided (i) that such adjustments shall not alter the
originally estimated period of engagement of any individual
by more than 10% or one week, whichever is larger, and (ii)
that the aggregate of such adjustments shall not cause
payments under this Contract to exceed the ceilings set forth
in Clause GC 6.1(b) of this Contract. Any other such
adjustments shall only be made with the Clients written
approval.

(c) If additional work is required beyond the scope of the
Services specified in Appendix A, the estimated periods of
engagement of Key Personnel set forth in Appendix C may be
increased by agreement in writing between the Client and the
Consultants, provided that any such increase shall not, except
as otherwise agreed in writing, cause payments under this
Contract to exceed the ceilings set forth in Clause GC 6.1(b)
of this Contract.

4.3 Approval of
Personnel
The Key Personnel and Subconsultants listed by title as well as by
name in Appendix C are hereby approved by the Client. In respect
of other Key Personnel which the Consultants propose to use in the
carrying out of the Services, the Consultants shall submit to the
Client for review and approval a copy of their biographical data
and (in the case of Key Personnel to be used within the country of
the Government) a copy of a satisfactory medical certificate in the
form attached hereto as Appendix D. If the Client does not object
in writing (stating the reasons for the objection) within twenty-one
(21) calendar days from the date of receipt of such biographical
data and (if applicable) such certificate, such Key Personnel shall
be deemed to have been approved by the Client.

4.4 Working Hours,
Overtime, Leave,
etc.
(a) Working hours and holidays for Key Personnel are set forth
in Appendix E hereto. To account for travel time, foreign
Personnel carrying out Services inside the Governments
country shall be deemed to have commenced (or finished)
work in respect of the Services such number of days before
their arrival in (or after their departure from) the
Governments country as is specified in Appendix E hereto.

(b) The Key Personnel shall not be entitled to be paid for
overtime nor to take paid sick leave or vacation leave except
as specified in Appendix E hereto, and except as specified in
such Appendix, the Consultants remuneration shall be
deemed to cover these items. All leave to be allowed to the
Personnel is included in the staff-months of service set forth
in Appendix C. Any taking of leave by Personnel shall be
subject to the prior approval by the Consultants who shall
ensure that absence for leave purposes will not delay the
progress and adequate supervision of the Services.

4.5 Removal and/or
Replacement of
Personnel
(a) Except as the Client may otherwise agree, no changes shall be
made in the Key Personnel. If, for any reason beyond the
reasonable control of the Consultants, it becomes necessary to
replace any of the Personnel, the Consultants shall forthwith
provide as a replacement a person of equivalent or better
qualifications.

(b) If the Client (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having
committed a criminal action, or (ii) has reasonable cause to be
dissatisfied with the performance of any of the Personnel,
then the Consultants shall, at the Clients written request
specifying the grounds therefor, forthwith provide as a
replacement a person with qualifications and experience
acceptable to the Client.

(c) Any of the Personnel provided as a replacement under
Clauses (a) and (b) above, the rate of remuneration applicable
to such person as well as any reimbursable expenditures
(including expenditures due to the number of eligible
dependents) the Consultants may wish to claim as a result of
such replacement, shall be subject to the prior written
approval by the Client. Except as the Client may otherwise
agree, (i) the Consultants shall bear all additional travel and
other costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid for any of
the Personnel provided as a replacement shall not exceed the
remuneration which would have been payable to the
Personnel replaced.

4.6 Resident Project
Manager
If required by the SC, the Consultants shall ensure that at all times
during the Consultants performance of the Services in the
Governments country a resident project manager, acceptable to the
Client, shall take charge of the performance of such Services.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and
Exemptions
Unless otherwise specified in the SC, the Client shall use its best
efforts to ensure that the Government shall:

(a) provide the Consultants, Subconsultants and Personnel with
work permits and such other documents as shall be necessary
to enable the Consultants, Subconsultants or Personnel to
perform the Services;

(b) arrange for the Personnel and, if appropriate, their eligible
dependents to be provided promptly with all necessary entry
and exit visas, residence permits, exchange permits and any
other documents required for their stay in the Governments
country;

(c) facilitate prompt clearance through customs of any property
required for the Services and of the personal effects of the
Personnel and their eligible dependents;

(d) issue to officials, agents and representatives of the
Government all such instructions as may be necessary or
appropriate for the prompt and effective implementation of
the Services;

(e) exempt the Consultants and the Personnel and any
Subconsultants employed by the Consultants for the Services
from any requirement to register or obtain any permit to
practice their profession or to establish themselves either
individually or as a corporate entity according to the
Applicable Law;
(f) grant to the Consultants, any Subconsultant and the Personnel
of either of them the privilege, pursuant to the Applicable
Law, of bringing into the Governments country reasonable
amounts of foreign currency for the purposes of the Services
or for the personal use of the Personnel and their dependents
and of withdrawing any such amounts as may be earned
therein by the Personnel in the execution of the Services; and

(g) provide to the Consultants, Subconsultants and Personnel any
such other assistance as may be specified in the SC.

5.2 Access to Land The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all land in the Governments country in
respect of which access is required for the performance of the
Services. The Client will be responsible for any damage to such
land or any property thereon resulting from such access and will
indemnify the Consultants and each of the Personnel in respect of
liability for any such damage, unless such damage is caused by the
default or negligence of the Consultants or any Subconsultant or
the Personnel of either of them.

5.3 Change in the
Applicable Law
If, after the date of this Contract, there is any change in the
Applicable Law with respect to taxes and duties which increases or
decreases the cost incurred by the Consultants in performing the
Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultants under this Contract shall be
increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to the
ceiling amounts specified in Clause GC 6.1(b).

5.4 Services, Facilities
and Property of the
Client
The Client shall make available to the Consultants and the
Personnel, for the purposes of the Services and free of any charge,
the services, facilities and property described in Appendix F at the
times and in the manner specified in said Appendix F, provided
that if such services, facilities and property shall not be made
available to the Consultants as and when so specified, the Parties
shall agree on (i) any time extension that it may be appropriate to
grant to the Consultants for the performance of the Services, (ii) the
manner in which the Consultants shall procure any such services,
facilities and property from other sources, and (iii) the additional
payments, if any, to be made to the Consultants as a result thereof
pursuant to Clause GC 6.1(c) hereinafter.

5.5 Payment In consideration of the Services performed by the Consultants
under this Contract, the Client shall make to the Consultants such
payments and in such manner as is provided by Clause GC 6 of this
Contract.

5.6 Counterpart
Personnel
(a) If so provided in Appendix F hereto, the Client shall make
available to the Consultants, as and when provided in such
Appendix F, and free of charge, such counterpart personnel to
be selected by the Client, with the Consultants advice, as
shall be specified in such Appendix F. Counterpart personnel
shall work under the exclusive direction of the Consultants.
If any member of the counterpart personnel fails to perform
adequately any work assigned to such member by the
Consultants which is consistent with the position occupied by
such member, the Consultants may request the replacement of
such member, and the Client shall not unreasonably refuse to
act upon such request.

(b) If counterpart personnel are not provided by the Client to the
Consultants as and when specified in Appendix F, the Client
and the Consultants shall agree on (i) how the affected part of
the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the Consultants
as a result thereof pursuant to Clause GC 6.1(c) hereof.

6. PAYMENTS TO THE CONSULTANTS

6.1 Cost Estimates;
Ceiling Amount
(a) An estimate of the cost of the Services payable in foreign
currency is set forth in Appendix G. An estimate of the cost
of the Services payable in local currency is set forth in
Appendix H.

(b) Except as may be otherwise agreed under Clause GC 2.6 and
subject to Clause GC 6.1(c), payments under this Contract
shall not exceed the ceilings in foreign currency and in local
currency specified in the SC. The Consultants shall notify the
Client as soon as cumulative charges incurred for the Services
have reached 80% of either of these ceilings.

(c) Notwithstanding Clause GC 6.1(b) hereof, if pursuant to any
of the Clauses GC 5.3, 5.4 or 5.6 hereof, the Parties shall
agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the
Consultants in order to cover any necessary additional
expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case
may be, set forth in Clause GC 6.1(b) above shall be
increased by the amount or amounts, as the case may be, of
any such additional payments.

6.2 Remuneration and
Reimbursable
Expenditures
(a) Subject to the ceilings specified in Clause GC 6.1(b) hereof,
the Client shall pay to the Consultants (i) remuneration as set
forth in Clause GC 6.2(b), and (ii) reimbursable expenditures
as set forth in Clause GC 6.2(c). If specified in the SC, said
remuneration shall be subject to price adjustment as specified
in the SC.

(b) Remuneration for the Personnel shall be determined on the
basis of time actually spent by such Personnel in the
performance of the Services after the date determined in
accordance with Clause GC 2.3 and Clause SC 2.3 (or such
other date as the Parties shall agree in writing) (including
time for necessary travel via the most direct route) at the rates
referred to, and subject to such additional provisions as are
set forth, in the SC.

(c) Reimbursable expenditures actually and reasonably incurred
by the Consultants in the performance of the Services, as
specified in Clause SC 6.3(b).

6.3 Currency of
Payment
(a) Foreign currency payments shall be made in the currency or
currencies specified as foreign currency or currencies in the
SC, and local currency payments shall be made in the
currency of the Government.

(b) The SC shall specify which items of remuneration and
reimburable expenditures shall be paid, respectively, in
foreign and in local currency.

6.4 Mode of Billing Billings and payments in respect of the Services shall be made as
and Payment follows:

(a) The Client shall cause to be paid to the Consultants an
advance payment as specified in the SC, and as otherwise set
forth below. The advance payment will be due after
provision by the Consultants to the Client of a bank guarantee
by a bank acceptable to the Client in an amount (or amounts)
and in a currency (or currencies) specified in the SC, such
bank guarantee (i) to remain effective until the advance
payment has been fully set off as provided in the SC, and (ii)
to be in the form set forth in Appendix I hereto or in such
other form as the Client shall have approved in writing.

(b) As soon as practicable and not later than fifteen (15) days
after the end of each calendar month during the period of the
Services, the Consultants shall submit to the Client, in
duplicate, itemized statements, accompanied by copies of
receipted invoices, vouchers and other appropriate supporting
materials, of the amounts payable pursuant to Clauses GC 6.3
and 6.4 for such month. Separate monthly statements shall be
submitted in respect of amounts payable in foreign currency
and in local currency. Each such separate monthly statement
shall distinguish that portion of the total eligible costs which
pertains to remuneration from that portion which pertains to
reimbursable expenditures.

(c) The Client shall cause the payment of the Consultants
monthly statements within sixty (60) days after the receipt by
the Client of such statements with supporting documents.
Only such portion of a monthly statement that is not
satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the
Consultants, the Client may add or subtract the difference
from any subsequent payments. Interest at the annual rate
specified in the SC shall become payable as from the above
due date on any amount due by, but not paid on, such due
date.
(d) The final payment under this Clause shall be made only after
the final report and a final statement, identified as such, shall
have been submitted by the Consultants and approved as
satisfactory by the Client. The Services shall be deemed
completed and finally accepted by the Client and the final
report and final statement shall be deemed approved by the
Client as satisfactory ninety (90) calendar days after receipt
of the final report and final statement by the Client unless the
Client, within such ninety (90)-day period, gives written
notice to the Consultants specifying in detail deficiencies in
the Services, the final report or final statement. The
Consultants shall thereupon promptly make any necessary
corrections, and upon completion of such corrections, the
foregoing process shall be repeated. Any amount which the
Client has paid or caused to be paid in accordance with this
Clause in excess of the amounts actually payable in
accordance with the provisions of this Contract shall be
reimbursed by the Consultants to the Client within thirty (30)
days after receipt by the Consultants of notice thereof. Any
such claim by the Client for reimbursement must be made
within twelve (12) calendar months after receipt by the Client
of a final report and a final statement approved by the Client
in accordance with the above.

(e) All payments under this Contract shall be made to the
accounts of the Consultants specified in the SC.

7. FAIRNESS AND GOOD FAITH

7.1 Good Faith The Parties undertake to act in good faith with respect to each
others rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this
Contract.

7.2 Operation of the
Contract
The Parties recognize that it is impractical in this Contract to
provide for every contingency which may arise during the life of
the Contract, and the Parties hereby agree that it is their intention
that this Contract shall operate fairly as between them, and without
detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of
such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause GC 8 hereof.

8. SETTLEMENT OF DISPUTES

8.1 Amicable
Settlement
The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or the
interpretation thereof.

8.2 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to
this Contract which cannot be settled amicably within thirty (30)
days after receipt by one Party of the other Partys request for such
amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.


21
III. Special Conditions of Contract

Number of GC
Clause
2

Amendments of, and Supplements to, Clauses in the General
Conditions of Contract

1.1(a) The words in the Governments country are amended to read in
Mozambique.

1.4 The language is English

1.6.1 The addresses are:

Client:
Attention:
Cable address:
Telex:
Facsimile:

Consultants:
Attention:
Cable address:
Telex:
Facsimile:

1.6.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes, twenty four ( 24 ) hours following
confirmed transmission;

(c) in the case of telegrams, , twenty four ( 24 ) hours following
confirmed transmission; and

(d) in the case of facsimiles , twenty four ( 24 ) hours following
confirmed transmission.

1.8 The Member in Charge is [name of member].

Note: If the Consultants consist of a joint venture of more than one
entity, the name of the entity whose address is specified in Clause SC
1.6.1 should be inserted here. If the Consultants consist only of one
entity, this Clause SC 1.8 should be deleted from the SC.]

III. Special Conditions of Contract 22

1.9 The Authorized Representatives are:

For the Client:

For the Consultants:

1.10 The Client warrants that the Consultants, the Subconsultants and the
Personnel shall be exempt from (or that the Client shall pay on behalf
of the Consultants, the Subconsultants and the Personnel, or shall
reimburse the Consultants, the Subconsultants and the Personnel for)
any taxes, duties, fees, levies and other impositions imposed, under the
Applicable Law, on the Consultants, the Subconsultants and the
Personnel in respect of:

(a) any payments whatsoever made to the Consultants,
Subconsultants and the Personnel (other than nationals of the
Government or permanent residents of the Governments
country), in connection with the carrying out of the Services;

(b) any equipment, materials and supplies brought into the
Governments country by the Consultants or Subconsultants for
the purpose of carrying out the Services and which, after having
been brought into such territories, will be subsequently
withdrawn therefrom by them;

(c) any equipment imported for the purpose of carrying out the
Services and paid for out of funds provided by the Client and
which is treated as property of the Client;

(d) any property brought into the Governments country by the
Consultants, any Subconsultants or the Personnel (other than
nationals of the Government or permanent residents of the
Governments country), or the eligible dependents of such
Personnel for their personal use and which will subsequently be
withdrawn therefrom by them upon their respective departure
from the Governments country, provided that:

(1) the Consultants, Subconsultants and Personnel, and their
eligible dependents, shall follow the usual customs
procedures of the Government in importing property into
the Governments country; and

(2) if the Consultants, Subconsultants or Personnel, or their
eligible dependents, do not withdraw but dispose of any
property in the Governments country upon which customs
duties and taxes have been exempted, the Consultants,
Subconsultants or Personnel, as the case may be, (i) shall
bear such customs duties and taxes in conformity with the
regulations of the Government, or (ii) shall reimburse them
to the Client if they were paid by the Client at the time the
property in question was brought into the Governments
country.

2.2 The time period shall be three months or such other time period as the
parties may agree in writing.

2.3 The time period shall be 30 days or such other time period as the

2.4 The time period shall be six months or such other time period as the

3.5 The risks and the coverages shall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Governments country by the
Consultants or their Personnel or any Subconsultants or their
Personnel, with a minimum coverage of USD 50 000 .

(b) Third Party liability insurance, with a minimum coverage of
USD 250 000.

(c) Professional liability insurance, with a minimum coverage of
USD 250 000 for the services rendered during Phase 1. For
Phase 2, the minimum professional liability insurance shall be
the largest amount between U$S250 000 and 15% of the total
estimated cost of the works covered by the design carried out in
Phase 1.

(d) Employers liability and workers compensation insurance in
respect of the Personnel of the Consultants and of any
Subconsultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel or other insurance as may be
appropriate; and

(e) Insurance against loss of or damage to (i) equipment purchased
in whole or in part with funds provided under this Contract, (ii)
the Consultants property used in the performance of the
Services, and (iii) any documents prepared by the Consultants in
the performance of the Services.


3.9 The Consultants shall not use these documents for purposes
unrelated to this Contract without the prior written approval of the
Client.
4.6 The person designated as resident project manager in Appendix C
shall serve in that capacity, as specified in Clause GC 4.6.
6.1(b) The ceiling in foreign currency or currencies is:

The ceiling in local currency is:
6.2(b)(i) (1) It is understood (i) that the remuneration rates shall cover (A)
such salaries and allowances as the Consultants shall have agreed
to pay to the Personnel as well as factors for social charges and
overhead, (B) the cost of backstopping by home office staff not
included in the Personnel listed in Appendix C, and (C) the
Consultants fee, (ii) that bonuses or other means of profit-
sharing shall not be allowed as an element of overhead, and (iii)
that any rates specified for persons not yet appointed shall be
provisional and shall be subject to revision, with the written
approval of the Client, once the applicable salaries and
allowances are known.

(2) Remuneration for periods of less than one month shall be
calculated on an hourly basis for actual time spent in the
Consultants home office and directly attributable to the Services
(one hour being equivalent to 1/240th of a month) and on a
calendar-day basis for time spent away from home office (one
day being equivalent to 1/30th of a month).

6.2(b)(ii) The rates for foreign Personnel are set forth in Appendix G and the
rates for local Personnel, in Appendix H.

6.3(a) The foreign currency [currencies] shall be the following:

(i) United State Dollar

6.3(b)(i) Remuneration for foreign Personnel shall be paid in foreign currency
and remuneration for local Personnel shall be paid in local currency.

6.3(b)(ii) The reimbursable expenditures in foreign currency shall be the
following:

(1) a per diem allowance for each of the foreign or local Personnel
for every day in which such Personnel shall be absent from his
home office and shall be outside the country of the Government
for the purpose of the Services at the daily rate specified in
Appendix G;

(2) the following transportation costs:

(i) the cost of international transportation of the foreign
Personnel and, as specified below, eligible dependents of
the foreign Personnel, by the most appropriate means of
transport and the most direct practicable route to and from
the Consultants home office; in the case of air travel, this
shall be by less than first class;

(ii) for any foreign Personnel spending twenty-four (24)
consecutive months or more in the Governments country,
one extra round trip will be reimbursed for every twenty-
four (24) months of assignment in the Governments
country. Such Personnel will be entitled to such extra round
trip only if upon their return to the Governments country,
such Personnel are scheduled to serve for the purposes of
the Project for a further period of not less than six (6)
consecutive months;

(iii) the cost of transportation to and from the Governments
country of eligible dependents who shall be the spouse and
not more than two (2) unmarried dependent children under
eighteen (18) years of age of those of the foreign Personnel
assigned to resident duty in the Governments country for
the purpose of the Services for periods of six (6)
consecutive months or longer, provided that the stay of such
dependents in the Governments country shall have been for
not less than three (3) consecutive months, duration. If the
assignment period for resident staff of the foreign Personnel
will be thirty (30) months or more, one extra economy class
air trip for their eligible dependents for every twenty-four
(24)-month assignment will be reimbursed;

(iv) for the air travel of each of the foreign Personnel, and each
eligible dependent, the cost of excess baggage up to twenty
(20) kilograms per person, or the equivalent in cost of
unaccompanied baggage or air freight; and

(v) miscellaneous travel expenses such as the cost of
transportation to and from airports, airport taxes, passport,
visas, travel permits, vaccinations, etc., at a fixed unit price
per round trip as specified in Appendix G;

(3) the cost of communications (other than those arising in the
Governments country) reasonably required by the Consultants
for the purposes of the Services;

(4) the cost of printing, reproducing and shipping of the documents,
reports, drawings, etc. specified in Appendices A and B hereof;

(5) the cost of acquisition, shipment and handling of the following
equipment, instruments, materials and supplies required for the
Services: ;

(6) the cost of shipment of personal effects;

(7) the cost of programming and use of, and communication between,
the computers for the purposes of the Services at the rate set forth
in Appendix G;

(8) the cost of training of the Clients personnel outside the
Governments country, as specified in Appendix G;

(9) the cost of laboratory tests on materials, model tests and other
technical services authorized or requested by the Client, as
specified in Appendix G;

(10) the foreign currency cost of any subcontract required for the
Services and approved in writing by the Client;

(11) the cost of items not covered in the foregoing but which may be
required by the Consultants for completion of the Services,
subject to the prior authorization in writing by the Client; and

(12) any such additional payments in foreign currency for properly
procured items as the Parties may have agreed upon pursuant to
the provisions of Clause GC 6.1(c).

6.3(b)(iii) The reimbursable expenditures in local currency shall be the following:

(1) a per diem allowance at a rate in local currency equivalent to the
applicable UNDP per day, for each of the short-term foreign
Personnel (i.e., with less than twelve (12) months consecutive
stay in the Governments country) for the first ninety (90) days
during which such Personnel shall be in the Governments
country;

(2) a per diem allowance at a rate in local currency equivalent to the
applicable UNDP per day, for each of the short-term foreign
Personnel for each day in excess of ninety (90) days during which
such Personnel shall be in the Governments country;

(3) a living allowance for each of the long-term foreign Personnel
(twelve (12) months or longer consecutive stay in the
Governments country) at the rates specified in Appendix H;

(4) the cost of the following locally procured items: local
transportation, office accommodations, camp facilities, camp
services, subcontracted services, soil testing, equipment rentals,
supplies, utilities and communication charges arising in the
Governments country, all if and to the extent required for the
purpose of the Services, at rates specified in Appendix H;

(5) the cost of equipment, materials and supplies to be procured
locally in the Governments country as specified in Appendix H;

(6) the local currency cost of any subcontract required for the
Services and approved in writing by the Client;

(7) any such additional payments in local currency for properly
procured items as the Parties may have agreed upon pursuant to
the provisions of Clause GC 6.1(c); and

(8) the cost of such further items as may be required by the
Consultants for the purpose of the Services, as agreed in writing
by the Client.

6.4(a) The following provisions shall apply to the advance payment and the
advance payment guarantee:

(1) An advance payment of [amount] in foreign currency] shall be
made within sixty days after the Effective Date. The advance
payment will be set off by the Client in equal installments against
the statements for the first [number] months of the Services until
the advance payment has been fully set off.

(2) The bank guarantee shall be in the amount and in the currency of
the foreign currency portion of the advance payment

6.4(c) The interest rate is: Libor +1%

6.4(e)
The accounts are:

For foreign currency: [insert account]
For local currency: [insert account]

8.2 Disputes shall be settled by arbitration in accordance with the
following provisions:
1. Selection of Arbitrators. Each dispute submitted by a Party to
arbitration shall be heard by a sole arbitrator or an arbitration
panel composed of three arbitrators, in accordance with the
following provisions:
(a) Where the Parties agree that the dispute concerns a
technical matter, they may agree to appoint a sole arbitrator
or, failing agreement on the identity of such sole arbitrator
within thirty (30) days after receipt by the other Party of the
proposal of a name for such an appointment by the Party
who initiated the proceedings, either Party may apply to the
Federation Internationale des Ingenieurs-Conseil (FIDIC) of
Lausanne, Switzerland for a list of not fewer than five
nominees and, on receipt of such list, the Parties shall
alternately strike names therefrom, and the last remaining
nominee on the list shall be the sole arbitrator for the matter
in dispute. If the last remaining nominee has not been
determined in this manner within sixty (60) days of the date
of the list, the Federation Internationale des Ingenieurs-
Conseil (FIDIC) shall appoint, upon the request of either
Party and from such list or otherwise, a sole arbitrator for
the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Client and the Consultants shall each
appoint one arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration
panel. If the arbitrators named by the Parties do not succeed
in appointing a third arbitrator within thirty (30) days after
the latter of the two arbitrators named by the Parties has
been appointed, the third arbitrator shall, at the request of
either Party, be appointed by., the Secretary General of the
Permanent Court of Arbitration, The Hague

(c) (c) If, in a dispute subject to Clause SC 8.2 1.(b), one Party
fails to appoint its arbitrator within thirty (30) days after the
other Party has appointed its arbitrator, the Party which has
named an arbitrator may apply to the ., the Secretary
General of the Permanent Court of Arbitration, The Hague
to appoint a sole arbitrator for the matter in dispute, and the
arbitrator appointed pursuant to such application shall be the
sole arbitrator for that dispute.

2. Rules of Procedure. Except as stated herein, arbitration
proceedings shall be conducted in accordance with the rules of
procedure for arbitration of the United Nations Commission on
International Trade Law (UNCITRAL) as in force on the date of
this Contract.

3. Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his function, a substitute shall be appointed in the same
manner as the original arbitrator.

4. Nationality and Qualifications of Arbitrators. The sole arbitrator
or the third arbitrator appointed pursuant to paragraphs (a)
through (c) of Clause SC 8.2 1 hereof shall be an internationally
recognized legal or technical expert with extensive experience in
relation to the matter in dispute and shall not be a national of the
Consultants home country [Note: If the Consultants consist of
more than one entity, add: or of the home country of any of their
Members] or of the Government. For the purposes of this Clause,
home country means any of:
(a) the country of incorporation of the Consultants [Note: If the
Consultants consist of more than one entity, add: or of any
of their Members]; or

(b) the country in which the Consultants [or any of their
Members] principal place of business is located; or

(c) the country of nationality of a majority of the Consultants
[or of any Members] shareholders; or

(d) the country of nationality of the Subconsultant concerned,
where the dispute involves a subcontract.

5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be
held in Mozambique;

(b) the English language shall be the official language for all
purposes; and

(c) the decision of the sole arbitrator or of a majority of the
arbitrators (or of the third arbitrator if there is no such majority)
shall be final and binding and shall be enforceable in any court
of competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such
enforcement.

MODEL FORM I
See Clause SC 6.2(b)(i)

Consulting Firm: Country:
Assignment: Date:

Consultants Representations Regarding Costs and Charges

We hereby confirm that (a) the basic salaries indicated below are taken from the firms payroll
records and reflect the current salaries of the staff members listed which have not been raised
other than within the normal annual salary increase policy as applied to all the firms staff; (b)
attached are true copies of the latest salary slips of the staff members listed; (c) the away from
headquarters allowances indicated below are those that the Consultants have agreed to pay for
this assignment to the staff members listed; (d) the factors listed below for social charges and
overhead are based on the firms average cost experiences for the latest three years as
represented by the firms financial statements; and (e) said factors for overhead and social
charges do not include any bonuses or other means of profit-sharing.

(Expressed in [name of currency])

Name Position Basic Salary per
Working
Month/Day/Year
Social
Charges
1
Overhead
1
Away from
Headquarters
Allowance
(a) (b) (c) (f)

etc.

1
Expressed as a percentage of (a).

[Name of Consulting Firm]

Signature of Authorized Representative Date

Name:

Title:

Note: For field staff, use Basic Salary per Working Month; for home office staff, Basic Salary
per Working Day or Hour. For field staff, also fill in Away from Headquarters Allowance, if
any. This form (and the one on the next page) should not be part of the signed Contract but
should be executed by the Consultants separately. See Notes in Clause SC 6.2(b)(i).

MODEL FORM II
See Notes to Form on preceding page and to Clause SC 6.2(b)(i)

Breakdown of Agreed Fixed Rates in Consultants Contract

We hereby confirm that we have agreed to pay to the staff members listed, who will be involved in this assignment, the basic
salaries and away from headquarters allowances (if applicable) indicated below:

(Expressed in [name of currency])

Name Position Basic Salary
per Working
Month/Day/Ye
ar
Social
Charges
1
Overhead
1

Subtotal Fee
2
Away from
Headquarter
s Allowance
Agreed Fixed
Rate per
Working
Month/Day/Ho
ur
Agreed
Fixed
Rate
1

(a) (b) (c) (d) (e) (f) (g) (h)

Etc.

1
Expressed as a percentage of (a).
2
Expressed as a percentage of (d).

Signature Date

Name:

Title:

IV. Appendices

APPENDIX ADESCRIPTION OF THE SERVICES

Give detailed descriptions of the Services to be provided, dates for completion of various
tasks, place of performance for different tasks, specific tasks to be approved by Client,
etc.

APPENDIX BREPORTING REQUIREMENTS

List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here Not applicable.

APPENDIX CKEY PERSONNEL AND SUBCONSULTANTS

List under: C-1 Titles [and names, if already available], detailed job descriptions
and minimum qualifications of Key foreign Personnel to be
assigned to work in the Governments country, and staff-months
for each.

C-2 Same information as C-1 for Key local Personnel.

C-4 Same as C-1 for Key Personnel to be assigned to work outside the
Governments country.

C-4 List of approved Subconsultants (if already available); same
information with respect to their Personnel as in C-1 through C-4.

APPENDIX DMEDICAL CERTIFICATE

Show here an acceptable form of medical certificate for foreign Personnel to be stationed in
the Governments country. If there is no need for a medical certificate, state here Not
applicable.

APPENDIX EHOURS OF WORK FOR KEY PERSONNEL

List here the hours of work for Key Personnel; travel time to and from the country of the
Government for foreign Personnel (Clause GC 4.4(a)); entitlement, if any, to overtime pay,
sick leave pay, vacation leave pay, etc.

APPENDIX FDUTIES OF THE CLIENT

List under: F-1 Services, facilities and property to be made available to the
Consultants by the Client.

F-2 Counterpart personnel to be made available to the Consultants by
the Client.

APPENDIX GCOST ESTIMATES IN FOREIGN CURRENCY

List hereunder cost estimates in foreign currency:

1. (a) Monthly rates for foreign Personnel (Key Personnel and other Personnel)
(b) Monthly rates for local Personnel (Key Personnel and other Personnel).
Note: This should be added if local Personnel is also being paid in foreign
currency.

2. Reimbursable expenditures
(a) Per diem allowances.
(b) Air transport for foreign Personnel.
(c) Air transport for dependents.
(d) Transport of personal effects.
(e) International communications.
(f) Printing of documents specified in Appendices A and B hereof.
(g) Acquisition of specified equipment and materials to be imported by the
Consultants and to be paid for by the Client (including transportation to the
Governments country).
(h) Other foreign currency expenditures, like use of computers, foreign training
of Clients staff, various tests, etc.

APPENDIX HCOST ESTIMATES IN LOCAL CURRENCY

List hereunder cost estimates in local currency:

1. Monthly rates for local Personnel (Key Personnel and other Personnel)

2. Reimbursable expenditures as follows:
(a) Per diem rates for subsistence allowance for foreign short-term Personnel,
plus estimated totals.
(b) Living allowances for long-term foreign Personnel, plus estimated totals.
(c) Cost of local transportation.
(d) Cost of other local services, rentals, utilities, etc.

APPENDIX IFORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS

Note: See Clause GC 6.4(a) and Clause SC 6.4(a). The Client should insert here an
acceptable form of a bank guarantee. An example is set forth below.

TO: [Name and Address of Client]
[Name of Contract for Consultants Services]

Gentlemen:

In accordance with the provisions of Clauses GC 6.4(a) and SC 6.4(a) of the above-
mentioned Contract (hereinafter called the Contract), [name and address of Consultants]
(hereinafter called the Consultants) shall deposit with [name of Client] a bank guarantee
to guarantee their proper and faithful performance under the said provisions of the Contract
in an amount of [amount of Guarantee], [amount of Guarantee in words].
3

We, the [bank or financial institution], as instructed by the Consultants, agree
unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely,
the payment to [name of Client] on his first demand without whatsoever right of objection
on our part and without his first claim to the Consultants, in the amount not exceeding
[amount of Guarantee], [amount of Guarantee in words].

We further agree that no change or addition to or other modification of the terms of the
Contract which may be made between [name of Client] and the Consultants, shall in any
way release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until [name of Client] receives full repayment of the same amount from
the Consultants.

Yours truly,

Signature and Seal

Name of Bank/Financial Institution

Address

Date

3
An amount is to be inserted by the bank or financial institution as specified in Clause SC 6.4(a).

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