Section III - Scc

7/31/2019 Section III - Scc

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SECTION III. SPECIAL CONDITION OF CONTRACT

PREFACE

The Special Conditions of Contract appearing in this section are linked with theGeneral Conditions of Contract appearing in Section VII of the Contract Documents.This section shall, therefore, be read in conjunction with Section VII of the ContractDocuments.

The Clauses in this Section having Clause Numbers 62 or less are amendments of theGeneral Conditions of Contract Section VII and carry the numbers of the Clauseswhich they amend.

The following Clauses are additional to Part I: 63, 64, 65, 66, 67 and 68.

Wherever there is a conflict or inconsistency, between the Special Conditions ofContract and the General Conditions the provisions stipulated hereinafter shallprevail over and supersede those appearing in the General Conditions of ContractSection VII.


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A. GENERALClause 1 DEFINITION

Sub Clause 1.1 The Employer is Ashegoda Wind Power Construction Project

.

The address of the Employer:

Project ManagerAshegoda Wind Power Construction Project

Town/City: Mekele

PO Box No/Postal Code: 1138

Country: EthiopiaTelephone:

Facsimile number: .

Electronic mail address:

The Engineer is VERGNET Project Site RepresentativeThe name and procurement reference number of the Contract is

Ashegoda Wind Farm Project Construction Project

Contract no.

The Works consist of : Geotechnical Investigation

- Core drilling- Test PIT- Sampling- Laboratory Test- Field Test- Report

The Start/Commencement Date will be reached when the last ofthe following conditions will have been met:

- Advance Payment Guarantee is issued by the Contractor- Advance Payment of 20% of the total contract price is received by

the Contractor- Performance securities for 10% of the total contract price is

issued by the Contractor

- Handover of the Construction Site is issued by the EmployerUpon the fulfilment of the above conditions, the Employer shall providethe Contractor with a notice to proceed stating theStart/Commencement Date.

The Intended Completion Date for the whole of the Worksis 120 days.


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Clause 2 Interpretation

Sub Clause 2.2 No sectional completion is specified for this contract.

Sub Clause 2.3 The following documents also form part of the Contract:

i) Addendum (if any)ii) Minutes of Contract Negotiation (if any)Clause 6 Communications

Sub Clause 6.1 Add the following statement to Sub Clause 6.1

A notice shall be considered as delivered when it has been sent to one ormore of the addresses in Sub Clause 6.2 through registered mail, facsimileor electronically.

Sub Clause 6.2 Add New Sub Clause 6.2

For communications purposes, the Employers address is:Attention: Project Manager

Ashegoda Wind Power Construction Project

Town/City: Mekele

PO Box No/Postal Code: 1138

Country: EthiopiaTelephone:

Facsimile number:

Electronic mail address:[email protected]

For communications purposes, the Contractor address

is:[to be inserted]

Clause 8 Other Contractors

Sub Clause 8.1 The schedule of Other Contractors, Public authorities, Utilities shall be asfrom time to time be advised by the Engineer. These schedules when soadvised by the Employer shall form an integral part of this agreement forthe purpose of Sub Clause 8.1 herein.

Clause 9 Personnel

Sub Clause 9.1 The Schedule of Key Personnel for the Contract are:-

Project ManagerGeotechnical EngineerMaterial EngineerChief Drillers Chief Mechanics

Sub Clause 9.2 Add to Clause 9 the following Sub-Clauses 9.2

The Contractor shall appoint a competent, full time and authorizedrepresentative of the Contractor approved in writing by the Engineer(which approval may be withdrawn at any time) to act in relation to the
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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execution of the works.

Delete If the Engineer asks the Contractor to remove a person who is amember of the Contractors staff or work force, stating the reasons, theContractor shall ensure that the person leaves the Site within seven daysand has no further connection with the work in the Contract in Clause9,

and Replace it by:

If the Engineer asks the Contractor to remove a person who is a memberof the Contractors staff or work force, stating the reasons, the Contractorshall ensure that the person leaves the Site within seven days and has nofurther connection with the work in the Contract and replace him within5 more days.


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Sub Clause 9.3 Add to Clause 9 the following Sub-Clauses 9.3

Sub Clause 9.3 Contractors Superintendent

The Contractor shall, within seven (7) days of receipt of the Engineersorder to commence the works, confirm to the Engineer in writing, the

name of the Contractors Representative and the anticipated date of hisarrival to the site.

Clause 11 Employer RisksSub Clause

11.1The Employers risks are modified as follows.

Delete and replace with:-

The Employers risks are insofar as they directly affect the execution ofthe Works in the country where the Permanent Works are to beexecuted:

war and hostilities (whether war be declared or not), invasion, act offoreign enemies;

rebellion, revolution, insurrection, military or usurped power, or civilwar;

ionizing radiations, or contamination by radioactivity from anynuclear fuel, or from any nuclear waste from the combustion ofnuclear fuel, radioactive toxic explosive, or other hazardousproperties of any explosive nuclear assembly or nuclear componentthereof;

pressure waves caused by aircraft or other aerial devices traveling atsonic or supersonic speeds;

riot, commotion, or disorder, unless solely restricted to theemployees of the Contractor or of his Subcontractors and arisingfrom the conduct of the Works;

loss or damage due to the use or occupation by the Employer of anySection or part of the Permanent Works, except as may be providedfor in the Contract;

loss or damage to the extent that it is due to the design of the Works,other than any part of the design provided by the Contractor or forwhich the Contractor is responsible.


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Clause 13 Insurance

Sub Clause13.1

The minimum insurance cover and deductibles shall be:

(a) The minimum cover for insurance of the Works, Plant andMaterials is the value of the works (full replacement), plus 15%of full replacement, the loss or damage and against all losses ordamage.

(b) The maximum deductible for insurance of the Works, Plantand Materials is ETB

(c) The minimum cover for insurance of Equipment isfor a sumsufficient to provide for the full replacement at site.

(d) The maximum deductible for insurance of Equipment is ETB

(e) The minimum cover for insurance of property is in an amountequal to cover and indemnify the Employer against any loss ordamage to any property.

(f) The maximum deductible for insurance of property is ETB

(g) The minimum cover for personal injury or death insurance isin an amount equal to cover and indemnify the Employer

against any loss or damage to any personal injury or deathwith no deductible.

Clause 14 Site Investigation Reports

Sub Clause14.1

Site Investigation Report(s) that are provided as supplementaryinformation are:

Soils and Materials Report; andEngineering Report

Clause 16 Contractor to construct the works

Sub Clause16.1

Replace Sub Clause GCC 16.1 as

The Contractor, subject to the provisions of the contract shall executeand complete the works and provide all labour, materials andconstruction plan, temporary works, transport to and from site togetherwith every thing whether of temporary or permanent nature required inand for such execution of completion so far as the necessity for providingthe same is specified in or reasonably to be inferred from the contract.

Clause 19 safetySub Clause

19.1Personal Protective Equipment (PPE)

Provide basic PPE like overalls, hand gloves, helmets, footwear and anyother that may be necessary for the protection of his workmen fromaccidents at the work place. The quality and the types of PPE

requirements shall be determined by the Engineer depending on the leveland type of the apparent exposures. The Contractor shall also providethe appropriate First Aid Kit and trained personnel for the treatment ofminor accidents in the workplace.

Sub Clause19.2

Traffic Direction and Management

Take all precautionary measures to avoid accidents to his workmen.The Contractor shall take actions satisfactory to the Engineer in thedirection and management of traffic (vehicular & human) by erection ofsigns approved by the Engineer and inform and guide the traffic. The


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signs erected shall be fully reflective and kept clean at all times.


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Sub Clause19.3

Accident reports, investigation reports and record keeping

Keep record of all accidents and accident investigation records andpromptly report the same to the Engineer in a format acceptable to him.Accident investigation report shall include among other things, the dateand time of the accident, the cause of the accident and the correctiveactions taken to deter similar accidents in the future.

Sub Clause19.4

Security of the Work Site

Provide and maintain at his own cost all lights, guards, fencing,warning signs and watching, when and where necessary or required bythe Engineer, for the protection of the Works or for the safety andconvenience of the public or others.

Sub Clause19.5

Protection of the Environment

Take all reasonable steps to protect the environment on and off the Siteand to avoid damage or nuisance to persons or to property of the publicor others resulting from pollution, noise or other causes arising as aconsequence of his methods of operation.

Clause 25 Procedure for DisputesSub Clause

25.2Fees and types of reimbursable expenses to be paid to the Adjudicatorare:

1. Fee: [to be inserted].2. Reimbursable are:-

Transport (economy class)AccommodationAdditional transport expenses, if anyAny other reimbursable expenses shall be included under

item.1 (fee)

Sub Clause

25.3

The institution whose arbitration procedures shall be used is: Addis

Ababa Chamber of Commerce Arbitration Institute or the EthiopianArbitration and Conciliation Centre.

Arbitration shall take place at a place to be designated by the Parties.

Clause 26 Replacement of Adjudicator

Sub Clause26.1

The Appointing Authority for the Adjudicator is: Addis Ababa Chamber ofCommerce Arbitration Institute or the Ethiopian Arbitration and ConciliationCentre.

B. TIME CONTROLClause 27 Program

Sub Clause

27.1

The Contractor shall submit a revised program for the works within 7(seven) days of delivery of the Notice of Acceptance.

Sub Clause27.2 The Employer shall have the right to withhold payment in an amount of

5% of any payment certificate(s) if the Contractor fails to submit theConstruction Programme or Revised Construction Programmes. Theamount thus withheld will be eligible for reimbursement in the InterimPayment Certificate for the month following the month of submittal ofthe Program.


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Sub Clause27.3

New Sub Clause 27.6Failure to Mobilize in accordance withProgramme

Failure by the Contractor to mobilize, in accordance with theContractors undertakings under the Clause 27 Programconsented to by the Engineer, shall qualify as grounds for theserving of notice under the provisions of Sub-Clause 59.2 of theConditions of Contract.

C. QUALITY CONTROLClause 35 Correction of Defects

Sub Clause35.1

Not Applicable

D. COST CONTROLClause 37 Bill of Quantities or Activity Schedule

Sub Clause

37.1This Contract is an Admeasurements Contract with a Bill of Quantities.

Clause 41 Cash Flow forcasts

Sub Clause41.1

Add the following paragraphs to this sub clause:-

The time within which the detailed cash flow estimate shall besubmitted shall be the seven (7) days of delivery of the Notice ofAcceptance. In preparing the estimates, the Contractor shall makeprovision for advance payment, repayment of advance, payment forservices provided by the Employer, and timing implications of Clause43.

Clause 44 Compensation EventsSub Clause

44.1(c)Delete Clause 44.1 (c) and replace by The Engineer does not issueDrawings, Specifications, or instructions required for execution of theWorks within 14 days shall be Compensation Event.

Sub Clause44.1(g)

Delete Clause 44.1 (g) and replace by The Engineer gives an instructionfor dealing with an unforeseen condition, caused by the Employer.

Clause 45 Tax

Clause 47 Price Adjustment

Sub Clause47.1

Not Applicable

Clause 48 RetentionSub Clause

48.1The proportion of payments retained isfive (5)percent of Interim Payment

Certificates starting from the 1st certificate.

The maximum amount of retention money is 5% (five percent)of theContract Price plus the value of the variations ascertained in accordancewith Clause 39.


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Delete

On completion of the whole of the works, half the total amount retainedshall be repaid to the Contractor and half when the Defects LiabilityPeriod has passed

Replace

On completion of the whole of the works, the total amount retained shallbe repaid to the Contractor

Clause 49 Liquidated DamagesSub Clause

49.1The liquidated damages for the whole of the Works are 0.05% of the finalContract Price per day.

The maximum amount of liquidated damages for the whole of the Worksis ten (10)percent of the final Contract Price.

Clause 50 Bonus

Sub Clause50.1

The Bonus for the whole of the Works is 0(Zero) percent of the finalcontract Prices per day. The Maximum amount of Bonus for the whole ofthe Works is N/A percent of the final Contract Price.

Clause 51 Advance PaymentSub Clause

51.1The maximum amount of mobilization Advance Payment is 20% (twentypercent) of the Contract Price excluding VAT and provisional sums. It willbe paid in Ethiopian Birr.

Mobilization Advance Payment will be paid to the Contractor no laterthan 5 (Five)days from Notice of Acceptance.

Monthly recovery of Advance Payment shall be 30% or higher of theamount of monthly Interim payment certificate to complete therepayment prior to the time when 80% (eighty percent) of the contractprice has been certified for payment.


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Sub Clause

51.3The Advance Payment will be repaid by deducting proportionate amountsfrom each monthly Interim Payment.

Monthly recovery of Advance Payment shall be 30% (thirty percent) orhigher of the amount of monthly Interim Payment Certificates to completethe repayment prior to the time when 80% (eighty percent) of theContract Price has been certified for payment.

Clause 52 Securities

Sub Clause52.1

Add to Clause 52.1

The Contract Security shall be in the form of Indemnity insurance for theamount of10% (ten percent)of the Contract Price.

The Contract Security shall be in the form of an Unconditional BankGuarantee or Performance Bond from Bank in Ethiopia in the amount of10% (ten percent)of the Contract Price.

E. FINISHING THE CONTRACTClause 59 Termination

Sub Clause59.1 (b)

Delete Clause 59.1 (b) and replace by: The Engineer instructs theContractor to suspend the progress of the Works, and the Suspension isnot withdrawn within 90days.

Clause 60 PAYMENTS Upon TerminationSub Clause

60.1The percentage to apply to the value of the work not completed,representing the Employers additional cost for completing the Works, is10%.

Section III - Scc

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