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PREFACE
The Special Conditions of Contract appearing in this section are linked with the General Conditions of Contract appearing in Section VII of the Contract Documents. This section shall, therefore, be read in conjunction with Section VII of the Contract Documents. The Clauses in this Section having Clause Numbers 62 or less are amendments of the General Conditions of Contract Section VII and carry the numbers of the Clauses which 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 of Contract and the General Conditions the provisions stipulated hereinafter shall prevail over and supersede those appearing in the General Conditions of Contract Section VII.
A. GENERAL
Sub Clause 1.1
The Employer is .
The address of the Employer: Project Manager Ashegoda Wind Power Construction Project
Town/City: Mekele PO Box No/Postal Code: 1138 Country: Ethiopia Telephone: Facsimile number:
Core drilling Test PIT Sampling Laboratory Test Field Test Report
The Start/Commencement Date will be reached when the last of the 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 Employer
Upon the fulfilment of the above conditions, the Employer shall provide the Contractor with a notice to proceed stating the Start/Commencement Date. The Intended Completion Date for the whole of the Works is 120 days.
i) ii)
Add to Clause 9 the following Sub-Clauses 9.2 The Contractor shall appoint a competent, full time and authorized representative of the Contractor approved in writing by the Engineer (which approval may be withdrawn at any time) to act in relation to the
execution of the works. Delete If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract in Clause 9, and Replace it by: If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract and replace him within 5 more days.
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 Engineers order to commence the works, confirm to the Engineer in writing, the name of the Contractors Representative and the anticipated date of his arrival to the site.
signs erected shall be fully reflective and kept clean at all times.
Accident reports, investigation reports and record keeping Keep record of all accidents and accident investigation records and promptly report the same to the Engineer in a format acceptable to him. Accident investigation report shall include among other things, the date and time of the accident, the cause of the accident and the corrective actions taken to deter similar accidents in the future. 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 by the Engineer, for the protection of the Works or for the safety and convenience of the public or others. Protection of the Environment Take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation.
B. TIME CONTROL
Clause 27 Program Sub Clause 27.1 Sub Clause 27.2
The Contractor shall submit a revised program for the works within 7 (seven) days of delivery of the Notice of Acceptance.
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 the Construction Programme or Revised Construction Programmes. The amount thus withheld will be eligible for reimbursement in the Interim Payment Certificate for the month following the month of submittal of the Program.
New Sub Clause 27.6Failure to Mobilize in accordance with Programme Failure by the Contractor to mobilize, in accordance with the Contractors undertakings under the Clause 27 Program consented to by the Engineer, shall qualify as grounds for the serving of notice under the provisions of Sub-Clause 59.2 of the Conditions of Contract.
C. QUALITY CONTROL
Clause 35 Correction of Defects Sub Clause 35.1
Not Applicable
D. COST CONTROL
Clause 37 Bill of Quantities or Activity Schedule Sub Clause This Contract is an Admeasurements Contract with a Bill of Quantities. 37.1 Clause 41 Cash Flow forcasts Add the following paragraphs to this sub clause:Sub Clause 41.1
The time within which the detailed cash flow estimate shall be submitted shall be the seven (7) days of delivery of the Notice of Acceptance. In preparing the estimates, the Contractor shall make provision for advance payment, repayment of advance, payment for services provided by the Employer, and timing implications of Clause 43.
Clause 45 Tax Clause 47 Price Adjustment Sub Clause 47.1 Sub Clause 48.1
Not Applicable
Clause 48 Retention
The proportion of payments retained is five (5) percent of Interim Payment Certificates starting from the 1st certificate. The maximum amount of retention money is 5% (five percent) of the Contract Price plus the value of the variations ascertained in accordance with Clause 39.
Delete On completion of the whole of the works, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed Replace On completion of the whole of the works, the total amount retained shall be repaid to the Contractor
The Advance Payment will be repaid by deducting proportionate amounts from each monthly Interim Payment. Monthly recovery of Advance Payment shall be 30% (thirty percent) or higher of the amount of monthly Interim Payment Certificates to complete the repayment prior to the time when 80% (eighty percent) of the Contract Price has been certified for payment.