OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority

Section V:
Part II (b): Conditions of Particular Application -
OPRC

Bidding Document , Section V – Part II (b): Conditions of Particular Application - OPRC

OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-1

Part II (b) : Conditions of Particular Application - OPRC

The following Particular Conditions shall supplement the GC. They are to be completed by the
Employer and presented as part of the Bidding Documents. Whenever there is a conflict, the
provisions here in shall prevail over those in the GC.

Reference
Amendments of, and Supplements to, Clauses in the General Conditions (GC) of
Number of
Contract.
GC Clause

1. The site is the area: is along Addis – Chancho – Gohatsion – D/Markos – Metema
trunk road which starts at Fiche and ends at Gohatsion with total length of 75 km.

The name of the Project Manager is:

[To be notified Later]
Attention : - Matebie Addis
Tel : - +251918353692
E-mail :
1 Add the following Definition in the Content of this Sub-Clause;
“The Design refers to the design of Maintenance Works required to be taken up by
the Contractor during the project duration for maintaining the Service levels within
the permissible limits as specified in the Contract.”

2. Amend Sub-Clause 3.1 of GC to read as;

The following documents forming part of the Contract shall be interpreted in the
following order of priority:
1) Agreement,
2) Letter of Acceptance, Minutes of negotiation meeting if any,
3) Addendum if any and Contractor’s Bid,
4) Particular Conditions (PC),
5) General Conditions (GC),
6) Special Provisions to Standard Technical Specifications,
7) The Standard Specification, Part 1 Technical Specification for Road
Maintenance works, 2nd edition, August 2003 and ERA’s Standard Technical
Specification 2002 (for those work items like asphalt surfacing and others
that may require using of Standard Technical Specification)
8) Drawings,
9) Bill of Quantities,
10) Any other document forming part of the Contract.
4. The language of the Contract is English
Law governing the Contract would be those applicable in Federal Democratic
Republic of Ethiopia.

5. The address of the Employer is:

Ethiopian Roads Authority
Bidding Document , Section V – Part II (b): Conditions of Particular Application - OPRC
OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-2

Ras Abebe Aregay Street

P.O.Box 1770
Tel. +251-11-515 66 03
Fax. +251 11 5514866/51 00 82
Addis Ababa, Ethiopia
Authorized Representative: - Ato. Araya Girmay, Director General, Ethiopian
Roads Authority.
The address of the Contractor is:
Amhara Road Works Enetrprise
Kebelle 13
P.O.Box 1770
Tel. +251-11-515 66 03
Fax. +251 11 5514866/51 00 82
Bahir Dar, Ethiopia

6. Dispute Resolution Mechanism used: Dispute Review Expert (DRE).

6.1.2 The Appointing Authority is: The Director General, Ethiopian Roads Authority.

6.2.3 Arbitration Proceedings for the Contracts with Contractors: All disputes arising in
connection with the present Contract shall be finally settled under the Rules of
Conciliation and Arbitration of the International Chamber of Commerce by one or
more Arbitrators appointed in accordance with said Rules.

8.1 Replace the Sub-Clause with the following:

“The Contractor shall be responsible for the programming of the Works and
Services, and for the accuracy and completeness of the information used for that
programming in accordance with the requirements established in the
Specifications.”
8.4.1 Replace the Sub-Clause with the following:
The Contractor is obliged to prepare and to furnish to the Project Manager for
Approval the following documents:
i. The Contractor shall submit the following documents not later than 60 days
from the start date
1) Contractors Quality Assurance Plan
2) Health and Safety Management Plan
3) Emergency Procedure and Contingency Plan
4) Traffic Management Plan

10.1 The Start Date shall not be later than 56 days after the issuance of the Letter of
Acceptance by the Employer.

10.2 Amend Sub-Clause 10.2 of GC to read as;

Completion Date of the Maintenance Works is after Sixty (120) months from start
date or as amended as per the provisions of the Contract.

11.1 Replace the Sub-Clause 11.1 with the following;

Bidding Document , Section V – Part II (b): Conditions of Particular Application - OPRC

OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-3

The Contractor shall carry out the Works and Services (including associated
purchases and/or subcontracting) necessary to comply with the requirements
established in the Specifications with due care and diligence in accordance with the
Contract.
11.5 Replace the Sub-Clause 11.5 with the following:
“Any Plant, Material and Services that will be incorporated in or be required for the
Works and Services and other supplies shall have their origin in an eligible Country
as defined under the FDRE procurement guidelines.”

11.6 Replace the Sub-Clause 11.6 with the following:

“The Contractor shall permit the Employer and/or persons appointed by the
Employer to inspect the Site and/or the accounts and records of the Contractor
and its Subcontractors relating to the performance of the Contract, and to have
such accounts and records audited by auditors appointed by the Employers if
required by the Employer. The Contractor’s attention is drawn to Sub-Clause 59.2.1
which provides, inter alia, that acts intended to materially impede the exercise of
the Employers inspection and audit rights provided for under Sub-Clause 11.6
constitute a prohibited practice subject to Contract termination (as well as to a
determination of ineligibility under the Procurement Guidelines).”

12.1 The Contractor may subcontract the following activities: such as provision of
Labor, Minor Repair and dressing of shoulders with prior consent of the Project
Manager.
The Contractor may subcontract under his own responsibility and without prior
12.2
approval of the Employer the following Works and Services provided they do not
represent more than Twenty five (25) percentage of the Contract price: Such as
Vegetation and scrub control, Drain cleaning and construction, Grading of unpaved
surfaces and other items mentioned in specifications.
14.4 Nothing set forth in this clause, shall be deemed as relieving Contractor of any of
its obligations, including but not limited to completing all the applicable Works and
Services in a timely manner.

14.2 The Employer shall give full possession of and access to the Site not later than 56
days from the date of issue of Letter of Acceptance subject to the condition that
the date of handing over of possession of shall be the same as that of Start date.

19.2 (h) and The provisions concerning HIV-AIDS prevention apply.

(i)

21.1 Sub- Clause 21.1 is Not Applicable

22.2 Sub-Clause 22.2 :NA

25.2 The Contractor shall establish a Self Control Unit.

26.1 Replace only the first paragraph of the Sub-Clause 26.1 with the following;
“The Contractor shall, throughout the execution and completion of the Works and
Services, and the remedying of any defects therein:”
32.1 The Employer’s risks specified in the GC are amended as follows:
(a) insofar as they directly affect the execution of the Works in the country
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OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-4

where the Permanent Works are to be executed:

(i) war and hostilities (whether war be declared or not), invasion, act of
foreign enemies;
(ii) rebellion, revolution, insurrection, or military or usurped power, or civil
war;
(iii) ionising radiations, or contamination by radioactivity from any nuclear
fuel, or from any nuclear waste from the combustion of nuclear fuel,
radioactive toxic explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component thereof;
(iv) pressure waves caused by aircraft or other aerial devices travelling at
sonic or supersonic speeds;
(v) riot, commotion or disorder, unless solely restricted to the employees
of the Contractor or of his Subcontractors and arising from the conduct
of the Works;
(b) loss or damage due to the use or occupation by the Employer of any Section
or part of the Permanent Works, except as may be provided for in the
Contract;
(c) 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 for which the
Contractor is responsible; and
(d) any operation of the forces of nature (insofar as it occurs on the Site) which
an experienced Contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which he could not
reasonably have taken at least one of the following measures:
A. prevent loss or damage to physical property from occurring by
taking appropriate measures, or
B. insure against such loss or damage.”

35.1 The Contractor shall take out and maintain in effect the following insurances in the
sums and deductibles shown below:
(a) Loss of or damage to the plant and machinery - 10% of Contract price.
(b) Third party insurance – ETB 1 Million per occurrence with number of
occurrences unlimited.
(c) Worker’s compensation and other insurance - As per statutory requirement
35.7 Add new sub-clause the following:
“There shall be no obligation for the insurances in sub-clause 35.1 to include loss or
damage caused by the risks listed under Sub-Clause 32.1 subparagraphs (a) (i) to
(iv) of the Particular Conditions.”

39.1 Sub-Clause 39.1 of GC :NA

39.3 Replace the Sub-Clause 41.1 with the following;

For Improvement Works, the liquidated damages are 0 % per calendar day of delay, of
the payment normally due for the specific Works for which completion is delayed.

41.1 Replace the Sub-Clause 41.1 with the following;

“The Contractor warrants that the Works and Services or any part thereof shall be
free from defects in the materials and workmanship of the Works and Services
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executed.”
41.2 Delete the first paragraph of this sub-clause and replace it with the following:
“The Defect Liability Period shall be Twelve (12) months from the date of issue of
Certificate for Completion of all the Works."

42.1 The aggregate liability of the Contractor to the Employer, excluding payment
reductions defined in GC 47.1, shall not exceed the amount of 10% of Contract price.

44.1 The payment of the Contract Price will be made in the following currencies:
Ethiopian Birr.

44.2 Replace the Sub-Clause 44.2 with the following;

The Contract Price shall be:
(a) For Maintenance Services, a firm lump sum to be paid in monthly
instalments;
44.3 Replace the Sub-Clause 44.3 with the following;
“The Contractor shall be deemed to have satisfied itself as to the correctness and
sufficiency of the Contract Price, which shall, except as otherwise provided for in
the Contract, cover all its obligations under the Contract, except for Emergency
Works, which will be carried out as Day Works, based on occurrence.”

45.1 The Advance Payment will be equivalent to 20(twenty) percept of the contract
price less day works and contingency and will be paid in Ethiopian Birr. It will be
paid to the Contractor no later than 30(thirty) days of signature of the contract.
Conditional advance payment guarantee is allowed for Local Contractor.

45.3 Advance repayment shall start in the next monthly certificate after the certified
value of Works (excluding the advance payment) exceeds 20% of Contract price.
The deduction rate shall be 30% of the total value of interim payment.

46.1 Replace the last sentence of this Sub-Clause 46.1 with the following;
“The Bill of Quantities for Works shall include, where applicable, the lump-sum
price for Maintenance Works and rates for Day works for Emergency Works.”

46.3 Sub- Clause 46.3 is Not Applicable

46.4 Sub-Clause 46.4 :NA

46.5 Replace the Sub-Clause 46.5 with the following;

“Each Emergency Work Order issued by the Project Manager will include an
estimated price for the works to be performed. The estimated price for the
Emergency Works will be submitted by the Contractor to the Project Manager in
each emergency pursuant to GC Clauses 29 and 61 and will be prepared based on
the Specifications and on the unit prices for the Day Works items included in the
Bill of Quantities for Emergency Works, and will remunerate all Emergency
Activities. The Unit prices for the Day Works include compliance with all
Performance Indices described in the Specifications. Once approved, Emergency
Works will be paid on actual input given by the Contractor for the specific
Emergency and approved by the Project Manager.”
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OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-6

46.6 Replace the Sub-Clause 46.6 with the following;

“The Bill of Quantities is used to calculate the Contract Price. The amounts for
Maintenance Services are the Lump-Sum prices offered in the Contractor’s Bid. The
Emergency Works amount included in the Contract is on the basis of the unit prices
for the Bill of Quantities for Day Works items included in the Contractor’s Bid.”

47.2 Sub- Clause 47.2 is Not Applicable

47.3 Sub- Clause 47.3 is Not Applicable

47.4 Replace the Sub-Clause 47.4 with the following;

“Emergency Works will be measured and shall be billed in accordance with actual
works input given by the Contractor for the Day Works items provided in the Bill of
Quantity agreed for Emergency Works.”

47.6 Add new Sub-Clause 47.6 as follows;

47.6 Works to be Measured: - The Project Manager shall, except as otherwise
stated, ascertain and determine by measurement the value of the Works in
accordance with the Contract and the Contractor shall be paid that value in
accordance with Clause 49. The Project Manager shall, when he requires any part
of the Works to be measured, give reasonable notice to the Contractor’s
authorised agent, who shall:
(a) forthwith attend or send a qualified representative to assist the Project
Manager in making such measurement, and
(b) supply all particulars required by the Project Manager.

Should the Contractor not attend, or neglect or omit to send such representative,
then the measurement made by the Project Manager or approved by him shall be
taken to be the correct measurement of such part of the Works. For the purpose
of measuring such Permanent Works as are to be measured by records and
drawings, the Project Manager shall prepare records and drawings as the work
proceeds and the Contractor, as and when called upon to do so in writing, shall,
within 14 days, attend to examine and agree such records and drawings with the
Project Manager and shall sign the same when so agreed. If the Contractor does
not attend to examine and agree such records and drawings, they shall be taken to
be correct. If, after examination of such records and drawings, the Contractor does
not agree the same or does not sign the same as agreed, they shall nevertheless be
taken to be correct, unless the Contractor, within 14 days of such examination,
lodges with the Project Manager notice of the respects in which such records and
drawings are claimed by him to be incorrect. On receipt of such notice, the Project
Manager shall review the records and drawings and either confirm or vary them.

47.7 Add new Sub-Clause 47.7 as follows;

47.7 Method of Measurement: - The Works shall be measured net, notwithstanding
any general or local custom, except where otherwise provided for in the Contract.

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OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-7

47.8 Add new Sub-Clause 47.8 as follows;

47.8 Break of all Unit rates and Lump-Sum items: - For the purposes of statements
submitted in accordance with Sub-Clause 49, the Contractor shall submit to the
Project Manager, within 28 days after the receipt of the Letter of Acceptance, a
breakdown for each of the unit rates and lump sum items contained in the bid.
Such breakdowns shall be subject to the approval of the Project Manager.

Price adjustment: -
48.
1) Emergency Works: - Price Adjustment not applicable.
2) Price adjustment formulae for Maintenance works

Pn = A + b Bn/Bo + e En/Eo + f Fn/Fo + c Cn/Co

Pn = Price adjustment factor to be applied to the amount in each specific currency

for the payment of work carried out in the subject month, determined in
accordance with Clause 49 of GC.
A = is a constant, specified in the Appendix to Bid, representing the nonadjustable
portion in Contractual payments;
b, e, f, c = are weightings or coefficients representing the estimated proportion of
each cost element of material eligible for price adjustment for bitumen,
equipment, fuel/POL and cement respectively in the works or Sections thereof, net
of Provisional sums, as specified in the Appendix to Bid; the sum of A, l, b, f and c
shall be one;
Bn, En, Fn and Cn are the current cost indices or reference prices of bitumen,
equipment, fuel/POL and cement respectively in the specified currency for month
“n”. Current cost indices or reference prices shall be those prevailing on the day 28
days prior to the last day of the period to which a particular month payment is
related.
Bo, Eo, Fo and Co are the base cost indices or reference prices corresponding to
the above cost elements at the day 28 days prior to the latest date of submission
of bids.
If the price adjustment factor is applied to payments made in currency other than
the currency of the source of the index for a particular indexed or reference price
input, a currency factor Zo/Zn will be applied to the respective component factor
of Pn for the formula of the relevant currency. Zo is the number of units of
currency of the country of the index/reference price, equivalent to one unit of the
currency of payment on the date of the base index, and Zn is the corresponding
number of such currency units on the date of current index.
The coefficients Maintenance works are:
A : Non Adjustable portion = 30%
Bitumen (b)= 20%
Equipment (e)=15%
Fuel /POL (f)= 25%
Cement (c)= 10%

50.1. Replace “within twenty eight (28) days” by “within forty two (42) days”.
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OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-8

Replace the last sentence of the sub-clause by following

“In the event of the failure of the Employer to make payment within the time
stated, the Employer shall pay to the Contractor interest compounded monthly at
the rate(s) stated in the Appendix to Bid upon all sums unpaid from the date upon
which the same should have been paid, in the currencies in which the payments are
due.”

50.2 Delete the entire content of this Sub-clause and replace it with the following:
“If an amount certified is increased in a later certificate or as a result of an award
by the Dispute Review Expert (DRE) or Arbitrator, the Contractor shall not be paid
interest upon the delayed payment as set out in this Clause.”

51. The retention for Works is fixed at 10 (Ten) percent.

53.2.1 The amount of the Advance payment security is the equivalent to the advance
payment amount.

53.3.1 The amount of Performance Security is 10 (Ten) percent of Contract price.

53.3.2 The form of guarantee is Unconditional Bank Guarantee for foreign Contractors
and Conditional Bank Guarantee /Insurance Bond for local Contractors as set forth
in Procurement Directive by Federal Democratic Republic of Ethiopia.

57.1 Replace Sub-Clause 57.1 by the following;

The following Drawings and/or Manuals are required:
As-built drawings and manuals, for each completed section of the road, as a pre-
condition for final payment of the Section. The length of the Road Sections shall be
as defined in Specifications “PART-A: DEFINITIONS”, and all documents as per the
provisions of the Contract on the dates established therein.
57.2 If the required documents are not supplied in accordance with PC 57.1, the amount
to be withheld is;
Inception Report ETB 3000 for each day of delay
Maintenance Monthly Report ETB 5000 for each day of delay
Data Collection Report ETB 3000 for each day of delay
Final Completion Report -
59.2.1 (v) Replace the Sub-clause 59.2.1 (v) with the following:
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators
in order to materially impede the Employers investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Employers
inspection and audit rights provided for under the Contract.

59.2.2(c) The condition of persistent failure to execute the Contract fulfilled if and when the
total amount of payment reductions and liquidated damages applied under the

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OPRC Work: Fiche- Gohatsion Road (Km 102+700 to Km 177+700) Ethiopian Roads Authority V-9

Contract reaches 10 (Ten) percent of the total Contract amount.

60.1 Replace the Sub-clause 60.1 with the following;

“No Provisional Sum is included in the Contract.”

61 Replace Clause 61: “Use of Provisional Sum for Emergency Works” with Clause 61:
Use of Days Works items for Emergency Works”

61.1 Replace the Sub-clause 61.1 with the following;

“After detecting a situation which in the opinion of the Contractor justifies the
execution of Emergency Works or otherwise as defined in GC Clause 29, the
Contractor shall submit a Technical Report to the Project Manager characterizing
the situation, and state estimated works quantities to correct the emergency
situation, and a Cost Estimate for the Emergency Works to be carried out. The
Cost Estimate should be based on the Specifications stated in Section VII using the
unit prices for the Day Works included in the Bill of Quantities.”

61.3 Replace the Sub-clause 61.3 with the following;

“Upon receiving the request for Emergency Works including a Cost Estimate, the
Project Manager may issue a Work Order in accordance with GC Sub-Clause 29.2 for
execution of the Day Works items for the Emergency Works. The cost of these
Works will be covered by the unit price for the Day Works items included in the Bill
of Quantities for Emergency Works.”

62 Delete the entire Sub-Clause 62 including the heading and replace with the
following:
Clause 62: Use of Days Works items for Contingencies
The use of the Day Works items to cover for Contingencies will be done under the
control and initiative of the Project Manager in accordance with the conditions of
the Contract

63.1.1 The Employer has the right to propose a change in or from the assignments to the
Contractor as per Contract: Yes

63.1.2 Contractor’s right to propose a change in the Contract: No

63.1.4 Replace the Sub-clause 63.1.4 with the following;

“The procedure on how to proceed with and execute Changes is specified in GC
Sub-Clauses 63.2.”

63.3 Delete the Sub-Clause 63.3.

Bidding Document , Section V – Part II (b): Conditions of Particular Application - OPRC