Agreemant Contract Documenet 2015 Asphalt

CONTRACT AGREMENT
FOR CONSTRUCTION OF
AWEDAY TOWN ASPHALT ROAD PROJECT
BETWEEN
OROMIA REGION EAST HARARGE ZONE
AWEDAY TOWN MANUCIAPLITY OFFICE
AND
ABDI DEREJE GENERAL CONTRACTOR
Jan 22/2023 E.C
AWEDAY
Part 3: Contract Section 9: Contract Forms
SECTION: I
CONTRACT AGREMENT
Contract Agreement
Procurement Reference No: WMBMA-ARP-002/2015
This Contract Agreement is made on the 22th day of the month of January in the year
2023,
BETWEEN
THE Aweday Town Municipality Administration , and having its principal place of
business at:
AWEDAY TOWM MANUCIPALITY ADMINISTRATION,

EAST HARARGE ZONE, OROMIA REGIONAL STATE, AEDAY TOWN>
(hereinafter called the “Public Body”),
AND
A corporation incorporated under the laws of the Federal Democratic Republic of Ethiopia
and having its principal place of business at:
Adress: Adama, Oromia
Dashen Bank Building the Floor, R509
(hereinafter called the “Contractor”), of the other part
WHEREAS
The Public Body invited bids for certain Works Construction of Aweday Town 2.4km As-
phalt Road Project (hereinafter called the “Works”), and has accepted a Bid by the Con-
tractor for the provision of those Works in the sum of Ethiopian Birr 377,520,271.34
( Three Hundred Seventy Seven Million Five hundred Twenty Thousand Two Hundred
2
Seventy One and 34/100) Birr including 15% VAT (hereinafter called “the Contract
Price”) in the manner and on the terms described herein
The Contractor having represented to the Public Body that it has the required skills, person-
nel and technical resources, has agreed to carry out the Works on the terms & conditions set
forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The Agreement
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
The following documents shall constitute the Contract between the Public Body and the
Contractor, and each shall be read and construed as an integral part of the Contract:
1. Contract Agreement, including all appendices;
2. Letter of Acceptance by the Public Body to the Contractor;
3. The Special Conditions of Contract;
4. The General Conditions of Contract;
5. The Bid Submission Sheet with Annexes;
6. The Part of Technical Proposal with technical specifications;
7. The design documentation (drawings);
8. For Unit-price contracts: The Bill of Quantities and Price Schedule (after cor-
rection
of arithmetical errors);
This Contract shall prevail over all other Contract documents. In the event of any dis-
crepancy or inconsistency within the Contract documents, then the documents shall pre-
vail in the order listed above.
In consideration of the payments to be made by the Public Body to the Contractor as here-
inafter mentioned, the Contractor hereby covenants with the Public Body to carry out the
Works and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
The Public Body hereby covenants to pay the Contractor in consideration of the provision of
the Works and the remedying of defects therein, the Contract Price or such other sum as may
become payable under the provisions of the Contract at the times and in the manner pre-
scribed by the Contract.
3
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.
SIGNED for and on behalf of Client SIGNED for and on behalf of Contractor
Signature: _________________ Signature: _________________

Name: __________________ Name: __________________
Position: __________________ Position: __________________
Date: __________________ Date: __________________
WITNESSES:
Name Signature Name

Signature
1. __________________________ _________ 1. __________________ ________
2. __________________________ _________ 2. __________________ ________
3. __________________________ _________ 3.________________ ________
4
Ref.No _____________________
Date_______________________
To: -Abdi Dereje General Contructor

Adama
Subject: Notification of Award
We are pleased to notify you that your company is the winner of the bid prepared for
the construction Work of AWEDAY ASPHALT ROAD PROJECT in Oromia
region, East Hararghe zone, Aweday Town by the total contract price of Birr
377,520,271.34 (Three Hundred Seventy seven Million Five Hundreds Twenty
Thousand and Two Hundreds Seventy One birr and 34/100) including VAT, as
corrected and modified in accordance with the instructions to bidders hereby accepted
by our office.
We are Glad to inform you that you won this contract and requested you to submit
1. Performance Security 10% of Contract price as per the condition of contract

of the Biddings Document for the period of 120 days plus 390 days
2. Detailed Revised work Schedules in corporation design review, Transport and
installation of Mechanical and Electro Mechanical plant and
3. Complete Signing of the Contract Agreement With in 3 (Three) days after
your Acceptance of this Award notification letter.
With Regards!!
C/C
 Oromia Conistruction Office

Finfine
 To Aweday Town Finance Office
 EHZ Construction Office
Harar
 To Aweday construction office
5
 EHZ Finance office

Harar
PART 3: CONDITIONS OF CONTRACT
SECTION VIII: CONDITIONS OF PARTICULAR APPLICATION
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein
shall prevail over those in the GCC.
GCC Clause Section VIII. Special Conditions of Contract

Reference
General Provisions
Procurement Reference Number is: WMBMA-ARP-002/2015
GCC 1.2(d) The Public Body is: Aweday Town Municipality
GCC 1.2(g) The Contractor is:Abdi Dereje General Contractor
The Contract
In addition to documents listed in GCC Clause 7.1 the following documents

GCC 7.1 (i)
shall form the Contract:-
1. Addendum
2. The special provisions to the technical specifications (Schedule of
Requirement)
3. ERA’s Standard technical specification for Road Maintenance August
2003 and ERA’s Standard technical specification 2002 Manuals.
4. Signed Anti – Bribery pledge form
5. Performance bond/Contract security
6. Forms of advance payment Guarantee,
GCC 8.1 The governing law shall be: The law of The Federal Democratic Republic
Ethiopia
GCC 9.1 Language of the Contract shall be: - English.
GCC 10.2 For notices, the Public Body’s address shall be:
For notices, the Public Body’s address shall be:

Public Body: Aweday Town Municipality
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Reference
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City: Aweday
Post Code:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
For notices, the Contractor’s address shall be ( To be Notified later)

Contractor: Abdi Dereje General Contractor
Attention:
Floor/Room number:
P.O. Box:
Street Address:
Town/City: Adama
Post Code:
Country: Ethiopia
Telephone: +2519-11-12-57-41/+2519-08-444-777
Facsimile:
E-mail address Derejebdi2016@gmail.com
GCC 12.1 The Public Body’s Engineer shall be:(To be Notified later)
Engineer: Authorized representative
P.O. Box:
Street Address:
Town/City:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
The Contractor’s authorized officer shall be: (To be Notified later)
Authorized Officer: Authorized representative
P.O. Box:
7

Reference
Street Address:
Town/City:
Country: Ethiopia
Telephone:
Facsimile:
E-mail address
GCC 14 Subcontracting;
The value of subcontracting shall be a maximum of 10% of the contract price to
Small and Micro Enterprises (SME) around the project area. At least two
subcontractors (Small and Micro Enterprises around the project area) shall be
employed under this contract.
GCC 15.5
Where work is not of a similar character or is not executed under similar
(b) conditions, the rates and prices in the contract to be agreed through
negotiation between the Engineer and the Contractor shall conform to the
prevailing market price but must get official approval of the client;
GCC 15.5 If the nature or amount of any modification relative to the nature or
(c) amount of the whole of the contract or to any part thereof shall be such that
in the opinion of the Engineer any rate or price contained in the contract
for any item of work is by reason of such modification rendered
unreasonable, then the Engineer shall fix such rate or price as in the
circumstances he shall think reasonable and proper but all new rate or
price fixed by the Engineer must be approved by the client officially;
GCC 15.7 Where on provisional acceptance an increase or reduction in the total value of
the works resulting from a change order, or from some other circumstance which
is not caused by the Contractor's default, exceeds 15% of the initial contract
price (or as modified by addendum), the Engineer shall, after consultation with
the Client and the Contractor determine any addition to the contract price or re-
duction from the contract price as a consequence of the application of GCC
Clause 15.5. The sum so determined shall be based on the amount by which the
increase or decrease in value of the works exceeds 15%. The sum shall be noti-
fied by the Engineer to the client and the Contractor.
In case of change of laws and regulation after the deadline for submission of the
GCC 16.1
Bid Contract Price be correspondingly increased or decreased and/or the
Delivery Date be reasonably adjusted to the extent that Contractor has thereby
been affected in the performance of any of its obligations under the Contract.
GCC 22.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 9(nine) percent per
8

Reference
year starting from 28 days before the deadline for submission of bids.
GCC 26 No Adjudicator is to be appointed under this contract.
Obligations of the Public Body
GCC 30.2(a) i. Not Applicable
The documents to be provided by the Public Body and the Engineer are the
GCC 30.3
following:
In addition to the site, defined in the GCC, the Employer will provide to the
contractor, free of charge, such land as the contractor may reasonably require for
camps, diversion roads, borrow pits and quarries.
Obligations of the Contractor
GCC 39.2 The amount of aggregate liability shall be: the contract price as stated in the
(b) letter of acceptance.
The amount of insurance covering liability with regard to risks and civil liability
insurance shall be:
GCC 40.3
Unlimited. Or
Limited.
The Contractor shall submit a Program of implementation of the tasks within 21
days of delivery of the Notice of Acceptance.
GCC 41.1
The amount to be withheld for late submission of a Program is ETB 5,000 per
week of delay
GCC 41.4 The period between Program updates is 60 (sixty) days.

The amount to be withheld for late submission of an updated Program is ETB
5,000 per week of delay.
The amount of the Performance Security shall be10 (ten) percent of the
GCC 58.1 contract price.
The types of acceptable Performance Securities are: Conditional Performance

GCC 58.4 security /Contract Security is allowed only for local bidders.
The currency shall be: Ethiopian Birr
Discharge of the Performance Security shall take place in accordance with GCC
GCC 58.8
Sub clause 58.8.
Payments to the Contractor
9

Reference
All payment to the Contractor under this Contract shall be made in Ethiopian
GCC 59.1
Birr.
GCC 60.1 Advance payment shall be granted to the Contractor, at his request.
The amount of the advance payment shall be: The Advance Payment will be
GCC 60.2
equivalent to 30% (Thirty) percent of the contract price less Provisional
sums, Contingency & VAT; 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 upon submission of advance payment guarantee and fulfilling the
following condition:-
 Client will pay hundred percent (100%) of the advance payment directly
to the Contractor only to pay for Equipment, Plant, Materials, and
mobilization expenses.
The following provisions shall apply to the advance payment and the
GCC 60.9
Advance payment security:
An Advance Payment Security shall be required.
An advance payment shall be made within 60 days after the Effective Date. The
advance payment will be set off by the Public Body in equal installments
against the statements for the contract period until the advance payment has
been fully set off.
The Advance Payment Security shall be in the amount and in the local currency
of the advance payment.
The repayment of the advance payments shall take the form of deductions based
on the monthly claims
The advance payment shall be repaid by means of deductions from the in-
stallments and, if necessary, the balance due to the Contractor. This re-
payment shall begin with the first installment and be completed, at the
very latest; by the time 80% of the amount of the contract has been
paid.
Repayment shall be made in the same currency as the advance
payment.
The amount to be deducted from each installment shall be calculated using
the following formula:
Va×D
R=
Vt ×0 . 8
where:
R = the amount to be repaid
Va = the total amount of the advance payment
Vt = the initial contract amount
10

Reference
D = the amount of the installment.
The result is rounded up to two decimal places.
Retention money is 5 (Five) percent of Interim Payment Certificates, up to a
maximum of 5 (five) percent of the Contract Price less Provisional Sums.
GCC 61.1
Retention money may be replaced by unconditional Bank Guarantee of an equal
amount.
Not applicable but only for basic material indicated in the RFP (Fuel,
Reinforcement Bars, Bituminous and Cement products), Client consider price
escalation by calculating the difference of the cost of materials if basic material
cost submitted with financial proposal of the bid as indicated in RFP from
eligible organization as Performa and included in the agreement and when the
GCC 62 payment issued purchase receipt of those basic material and good receiving
voucher of the project site that approved by Resident Engineer should be
submitted with the payment. Note that this price escalation payments will be
considered for the amount of basic materials delivered to the project site for
construction purpose of the project.
The following methods shall apply to the valuation of works:

The amounts due in case of unit-price contract shall be as determined in the
GCC 63.1 GCC.
The amounts due in case of lump sum contract shall be determined' as fol-
lows:
GCC 64.1 Arrangements for interim payments shall be as specified in the GCC.
Ownership of the plant and materials referred to in GCC Clause 83 shall be

GCC 64.2(e)
deemed to be vested in the Public Body.
GCC 64.7 The frequency of interim payment shall be as stated in the GCC.
The draft Final Statement of Account shall be submitted at the latest at the
GCC 65.1
moment of the Contractor's application for the provisional acceptance certificate.
The Engineer shall prepare and sign the Final Statement of Account within 30
days from the issue of the certificate of final acceptance referred to in GCC
GCC 65.2
Clause 89.
Performance of the Contract
GCC 70.1 The Scope of Works is as defined in Section 6, Schedule of Requirement.
The Contractor shall carry out the Works as defined under the scope of the
GCC 70.2
service section of the schedule of requirements.
11

Reference
GCC 71.1 The Start Date shall be _____ days ffrom site handover date.
The Intended Completion Date for the whole of the Works shall be: The
GCC 72.1
contract period for the whole of the Works is as below and Defect liability
period is 365 Calendar days. Period of Mobilization and ROW is 60
Calendar days.
GCC 74.1(j) The following events shall also be Compensation Events: None
GCC 79.1 The work register shall be:

Required as specified in the GCC.
Not required.
The technical rules for drawing up the statements shall be decided during the
GCC 79.2
implementation of the project.
The works, components, equipment and materials used in their construction
GCC 80.2
must comply with the technical specification of section 6, scope of works.
All equipment, temporary works, plant and materials on Site owned by the
GCC 83.2
Contractor or by any company in which the Contractor has a controlling interest
shall, for the duration of the execution of the works, be vested in the Public
Body.
Acceptance and Defects Liability
Not Applicable
GCC 86.3
SECTION V
SECTION VII : THE GENERAL CONDITIONS OF CONTRACT
Section 7 General Conditions of Contract

i. General Provisions
1. Definitions
a. The headings and titles of these General Conditions of Contract shall not limit, alter or af-
fect the meaning of the Contract
12
b. The following words and expressions shall have the meanings hereby assigned to them:
"Bill of Quantities" means the document forming part of the Bid and containing an
itemized breakdown of the works to be carried out in a unit
price contract, indicating a quantity for each item and the
corresponding unit price;
"Completion" means the fulfillment of the Contract by the Contractor in
accordance with the terms and conditions set forth in the in the
GCC Clause 87;
"Contract Documents" means the documents listed in the GCC, including all
attachments, appendices, and all documents incorporated by
reference therein, and shall include any amendments thereto;
"Contract Manager" means a person designated as such by the Contractor from
time to time as notified in writing to the Public Body to act as
the duly authorized representative of the Contractor for all
purposes connected with the Contract, including any
authorized representative of such person;
"Contract Price" means the accepted contract amount stated in the Public
Body's Letter of Acceptance. The amount represents the initial
estimate payable for the execution of the works or such other
sum as ascertained by the final statement of account as due to
the Contractor under the contract;
"Contract" means the binding Contract Agreement entered into between
the Public Body and the Contractor, comprising Contract
Documents referred to therein, including all attachments,
appendices, and all documents incorporated by reference
therein,
"Contractor" means a natural or juridical person under contract with a
Public Body to supply works;
"Day" means calendar day;
"Dayworks" mean varied work inputs subject to payment on an hourly basis

for the Contractor's employees and equipment, in addition to
payment for associated materials and plants;
"Defect" Defect is any part of the Works not completed in accordance
with the Contract;
"Defects Liability Pe- is the period stated in the Special Conditions of Contract
riod" immediately following the date of provisional acceptance,
during which the Contractor is required to complete the works
and to remedy defects or faults as instructed by the Engineer;
"Drawings" mean the drawings of the Works, as included in the Contract,
and any additional and modified drawings issued by (or on
behalf of) the Public Body in accordance with the Contract,
include calculations and other information provided or
13
approved by the Engineer for the carrying out of the works.

"Eligible Countries" means the countries and territories eligible as listed in Section
5 of the Bidding Documents;
"Engineer" means a person named in the Special Conditions of Contract or
appointed as such by the Public Body and notified in writing to
the Contractor to act as the representative of the Public Body
to supervise and inspect works and to test and examine the
materials employed and the quality of workmanship, including
any authorized representative of such person;
"Equipment" is the Contractor's machinery, vehicles, apparatus, components
and any other articles brought temporarily to the Site to
construct the Works;
"Final Acceptance Cer- Certificate(s) issued by the Engineer to the Contractor at the
tificate" end of the Defects Liability Period stating that the Contractor
has completed its obligations to construct, complete, and
maintain the Works concerned;
"General Conditions of hereinafter referred to as “GCC”, means the general
Contract" contractual provisions setting out the administrative, financial,
legal and technical clauses governing the execution of the
Contract, except where amended by the SCC or Contract
Agreement;
"Good Industry Prac- means the exercise of that degree of skill, diligence and
tice" foresight which would reasonably and ordinarily be expected
from a skilled and experienced Contractor engaged in the
provision of works similar to the works under the same or
similar circumstances as those applicable to the Contract and
which are in accordance with any codes of practice published
by relevant trade associations;
"Government" means the Government of the Federal Democratic Republic of
Ethiopia;
"In writing" shall be interpreted to include any document which is recorded
in manuscript or typescript;
"Intended Completion is the date on which it is intended that the Contractor shall
Date" complete the Works. The Intended Completion Date is specified
in the Special Conditions of Contract. The Intended Completion
Date may be revised only by the Engineer by issuing an
extension of time or an acceleration order;
"Liquidated damages" means the compensation stated in the contract as being payable
by Contractor to the Public Body for failure to perform the
contract or part thereof within the periods under the contract,
or as payable by Contractor to the Public Body for any specific
breach identified in the contract;
"Materials" are all supplies, including consumables, used by the Contractor
14
for incorporation in the Works;

"Member" means any of the entities that make up the joint venture /
consortium / association; and “Members” means all these
entities;
"Month" means calendar month;
"Party" means the Public Body or the Contractor and includes their
permitted successors and “Parties” means both of them;
"Plant" means appliances and other machinery, and, where applicable
under the law and/or practice of the Federal Democratic
Republic of Ethiopia, the temporary structures on the site
required to carry out the works but excluding equipment or
other items required to form part of the permanent works;
"Price Schedule" means the completed schedule of prices, including the
breakdown of the overall price, submitted by the Contractor
with his Bid, modified as necessary and forming a part of the
unit price contract;
"Provisional Sum" means a sum included in the contract and so designated for the
implementation of works or the supply of goods, materials,
plant or services, or for contingencies, which sum may be used
in whole or in part, or not at all, as instructed by the Engineer;
"Public Body" means public body, which is partly or wholly financed by the
Federal Government Budget, higher education institutions, and
public institutions of like nature which has the powers and
duties to conclude a Contract for the supply of Works, as
specified in the SCC;
"Site" means the places provided by the Public Body where the
works are to be carried out, and other places stated in the
Contract as forming part of the site;
"Special Conditions of hereinafter referred to as “SCC”, means the conditions
Contract" attached to the Contract Agreement, which shall govern the
Contract and shall prevail over these General Conditions of
Contract;
"Specification" means the Specification of the Works included in the Contract
drawn up by the Public Body setting out its requirements
and/or objectives in respect of the provision of works,
specifying, where relevant, the methods and resources to be
used and/or results to be achieved;
"Start Date" is given in the Special Conditions of Contract. It is the latest date
when the Contractor shall commence execution of the Works;
"Sub-Contractor" means any natural person, private or government entity, or a
combination of the above, including its legal successors or
permitted assigns who has a Contract with the Contractor to
carry out a part of the Work in the Contract, which includes
15
work on the Site;

"Third Party" means any person or entity other than the Public Body, the
Contractor or a Sub-Contractor;
"Works" mean all work associated with the construction, reconstruction,
upgrading, demolition, repair, renovation of a building, road,
or structure, as well as services incidental to works, if the
value of those services does not exceed that of works
themselves;
2. Appointment
2.1 The Public Body appoints the Contractor to carry out the Works:
a. Promptly (and in any event within any time targets as may be set out in the Sec-
tion 6, Schedule of Requirements) and in a professional and courteous manner so
as to reflect and promote the image of the Public Body;
b. Strictly in accordance with the Schedule of Requirements and all provisions of the
Contract; and
c. In accordance with all applicable laws and regulations of the Federal Democratic
Republic of Ethiopia and Good Industry Practice; and
d. In accordance with the policies, rules, and procedures of the appropriate Author-
ity as amended from time to time.
e. In accordance with the quality standards set by the Ministry of Urban Develop-
ment and Construction, Quality and Standards Authority of Ethiopia (QSAE), and
applicable international standards;
f. In accordance with the terms and conditions of appointment as provided in this
Clause in consideration of the Contract Price.
3. Relationship Between the Parties
3.1. Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Public Body and the Contractor. The Con-
tractor, subject to this Contract, has complete charge of Personnel and Sub-Contractors, if
any, carrying out the Works and shall be fully responsible for the Works carried out by them
or on their behalf hereunder. The Contractor shall not incur any liabilities on behalf of the
Public Body or enter into any contract or obligation on behalf of the Public Body.
4. Due Diligence
4.1. The Contractor acknowledges that it:

(a) Has made and shall make its own enquiries to satisfy itself as to the accuracy and
adequacy of any information supplied to it by or on behalf of the Public Body;
(b) Has raised all relevant due diligence questions with the Public Body before the
16
Effective Date; and

(c) Has entered into this Contract in reliance on its own due diligence alone.
4.2. The Contractor acknowledges that it has inspected the Site Environment and has advised
the Public Body of any aspect of the Site Environment that is not suitable for carrying out
the Works and that the specified actions to remedy the unsuitable aspects of the Site Envi -
ronment, together with a timetable for and the costs of those actions, have been specified in
the relevant parts of the Contract for the Pre-Operational Phase.
4.3. If the Contractor has either failed to inspect the Site Environment or failed to notify the
Public Body of any required remedial actions in accordance with Clause 4.2 then the Con -
tractor shall not be entitled to recover any additional costs or charges from the Public Body
relating to any unsuitable aspects of the Site Environment nor shall the Contractor be enti-
tled to seek relief in respect of any Default arising from such failure.
4.4. Any disputes relating to due diligence shall be resolved in accordance with the
Ethiopian Law.
5. Fraud and Corruption
5.1. It is the Government of the Federal Democratic Republic of Ethiopia’s policy to require
that Public Body, as well as bidders/suppliers, to observe the highest standards of ethics dur-
ing the procurement and the execution of contracts. In pursuance of this policy, the Govern -
ment of the Federal Democratic Republic of Ethiopia represented by the Public Procurement
and Property Administration Agency (herein referred to as the Agency) requires that Public
Bodies shall include in bidding documents, provisions against corrupt practices.
5.2. If the Public Body determines that the Contractor and/or its Personnel, sub-contractors,
services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices, in competing for or in executing the Contract, then the Public Body
may, after giving 14 days notice to the Contractor, terminate the Contractor's employment
under the Contract, and the provisions of GCC Clause 21 shall apply as if such expulsion
had been made under GCC Sub-Clause 21.2(i).
5.3. The Agency defines, for the purposes of these provisions, the terms set forth below as
follows:
(a) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of
any thing of value to influence the action of a public official in the procurement process or
in contract execution, and
(b) “Fraudulent practice” is any act or omission, including misrepresentation that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation.
(c) “Collusive practices" is a scheme or arrangement between two or more Contractors, with or
without the knowledge of the Public Body, designed to establish prices at artificial, non
competitive levels, and
(d) “Coercive practices” is harming or threatening to harm, directly or indirectly, persons or
17
their property to influence their participation in a procurement process, or affect the execu-
tion of a contract.
(e) "Obstructive practice" is
(i) deliberately destroying, falsifying, altering or concealing of evidence material to
the investigation or making false statements to investigators in order to materi-
ally impede the Federal Ethics and Anticorruption Commission, the Federal Au-
ditor General and the Public Procurement and Property Administration Agency
or their auditors' investigation into allegations of a corrupt, fraudulent, coercive
or collusive practice; and/or threatening, harassing or intimidating any party to
prevent their from disclosing their knowledge of matters relevant to the investi-
gation or from pursuing the investigation, or
(f) acts intended to materially impede the exercise of inspection and audit rights provided for
under GCC Sub-clause 56.2.
5.4. The Agency will debar a Contractor from participation in public procurement for a spec-
ified period of time if it at any time determines that the Contractor has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a
contract.
5.5. The Agency reserves the right, where a Contractor has been found by a national or inter -
national entity to have engaged in corrupt or fraudulent practice, to declare that such a Con-
tractor is ineligible, for a stated period of time, to be awarded a Government funded con-
tract.
5.6. The Agency will have the right to require that, in contracts funded by the Government of
Ethiopia, a provision be included requiring Contractors to permit the Agency to inspect their
accounts and records relating to the performance of the contract and to have them audited
by auditors appointed by the Agency, if the Contractor engages in any corrupt practice.
5.7. Any communications between the Contractor and the Public Body or the Agency related
to matters of alleged fraud or corruption must be made in writing.
6. Interpretation
6.1 In interpreting these GCC, words indicating one gender include all genders. Words
indicating the singular also include the plural and words indicating the plural also
include the singular. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically defined. The Engi-
neer shall provide instructions clarifying queries about these GCC.
6.2 If sectional completion is specified in the Special Conditions of Contract, refer-

ences in the General Conditions of Contract to the Works, the Completion Date,
and the Intended Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of
the Works)..
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6.3 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.
6.4 Amendment
No amendment, modification or other variation of the Contract shall be valid unless an
Amendment to Contract is made in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorized representative of each party thereto.
6.5 Nonwaiver
(a) Subject to GCC Sub-Clause 6.5(b) below, no relaxation, forbearance, delay, or in-
dulgence by either party in enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall prejudice, affect, or restrict
the rights of that party under the Contract, neither shall any waiver by either party of
any breach of Contract operate as waiver of any subsequent or continuing breach of
Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in
writing, dated, and signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.
6.5 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity
or enforceability of any other provisions and conditions of the Contract.
6.
B. The Contract
8. Contract Documents
8.1. The documents forming the Contract shall be interpreted in the following order of prece-
dence in the event of any conflict between the documents comprising this Contract:
(a) Agreement, including all appendices;
(b) Letter of Acceptance by the Public Body to the Contractor;
(c) The Special Conditions of Contract;
(d) The General Conditions of Contract;
(e) Bid Submission Sheet with Annexes;
(f) Technical Proposal with technical specifications;
(g) The design documentation (drawings);
(h) For Unit-price contracts: The Bill of Quantities and Price Schedule (after correction of
arithmetical errors);
19
a. For Lump-sum contracts: The Breakdown of the Lump-sum Price (after

correction of arithmetical errors);
(i) Any other document listed in the SCC as forming part of the Contract.
8.2. . All documents forming the Contract are intended to be correlative, complementary,
and mutually explanatory.
8.3. Any action required or permitted to be taken, and any document required or permitted to
be provided, under the Contract by the Public Body or the Contractor may be taken or pro-
vided by the authorized representatives specified in the SCC.
8.4. The Contract constitutes the entire agreement between the Public Body and the Contrac-
tor and supersedes all communications, negotiations and agreements (whether written or
oral) of parties with respect thereto made prior to the date of Contract. No agent or represen-
tative of either Party has authority to make, and the Parties shall not be bound by or be li-
able for, any statement, representation, promise or agreement not set forth herein.
1. Governing Law
8.1 The Contract, its meaning and interpretation, and relation between the Parties shall be gov-
erned by and interpreted in accordance with the laws of the Federal Democratic Republic of
Ethiopia, unless otherwise stated in SCC.
2. Language
9.1 The Contract as well as all written and oral communication and documents relating to
the Contract exchanged by the Contractor and the Public Body, shall be in language specified
in the SCC. Supporting documents and printed literature that are part of the Contract may be
in another language, but any documents provided in another language must be accompanied
by an accurate translation into language specified in the SCC. For purposes of interpretation
of the Contract, this translation shall govern.
9.2 The Contractor shall bear all costs of translation to the governing language and all risks of
the accuracy of such translation.
3. Notices and written communications
10.1 Any notice, request or consent required or permitted to be given or made pur-
suant to this Contract shall be in writing. The term “in writing” means communicated
in written form with proof of receipt.
10.2 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 to such Party at the address specified in
the SCC.
10.3 A Party may change its address for notice hereunder by giving the other Party
20
notice in writing of such change to the address specified in the SCC.
4. Authority of Member in Charge
11.1 In case the Contractor consists of a joint venture/consortium/ association of two

or more entities, all such entities shall be jointly and severally bound to fulfill the terms of
the contract according to the law of the Federal Democratic Republic of Ethiopia. The
Members hereby authorize the entity specified in the SCC to act on their behalf as leader
with authority to bind the joint venture or consortium in exercising all the Contractor’s
rights and obligations towards the Public Body under this Contract. The composition or the
constitution of the joint venture or consortium shall not be altered without the prior consent
of the Public Body.
5. Engineer and Engineer's Representative
12.1 Except where otherwise specifically stated and subject to any restriction in the SCC,
any action required or permitted to be taken, and any document required or permitted to be
executed, under this Contract by the Public Body or the Contractor may be taken or exe-
cuted by the Engineers named in the SCC. Except as expressly stated in the SCC, the Engi -
neer shall not have authority to relieve the Contractor of any of his obligations under the
Contract.
12.2 Any notice, information or communication given to or made by an Engineer shall be
deemed to have been given or made by the Public Body.
12.3 The Engineer may delegate any of his duties and responsibilities to Engineer's represen-
tative after notifying the Contractor, and may cancel any delegation after notifying the Con-
tractor.
12.4 The role of the Engineer’s representative shall be to supervise and inspect works and to
test and examine the materials employed and the quality of workmanship. Under no cir-
cumstances will the Engineer's representative be empowered to relieve the Contractor of his
obligations under the contract or – except where express instructions to that effect are given
in the SCC – order works resulting in an extension of the period of performance or addi-
tional costs to be paid by the Public Body or introduce variants in the nature or scale of the
works.
12.5 Any communication given by the Engineer's representative to the Contractor in accor-
dance with the terms of such delegation shall have the same effect as though it had been
given by the Engineer, provided that:
(a) Any failure on the part of the Engineer's representative to disapprove any work,
materials or plant shall not prejudice the authority of the Engineer to disapprove
such work, materials or plant and to give the instructions necessary for the rectifi-
cation thereof;
(b) The Engineer shall be at liberty to reverse or vary the contents of such communi-
cation.
21
12.6 Instructions and/or orders issued by the Engineer shall be by way of administrative or-
ders. Such orders shall be dated, numbered and entered by the Engineer in a register, and
copies thereof delivered by hand, where appropriate, to the Contractor's representative.
6. Assignment
13.1 An assignment is a written agreement by which the Contractor transfers its contract or
part thereof to a third party.
13.2 The Contractor shall not, without the prior written consent of the Public Body, assign
the Contract or any part thereof, or any benefit or interest thereunder, except in the follow-
ing cases:
(a) A charge, in favor of the Contractor's bankers, of any monies due or to become
due under the Contract; or
(b) Assignment to the Contractor's insurers of the Contractor's right to obtain relief
against any other person liable in cases where the insurers have discharged the
Contractor's loss or liability.
13.3 For the purpose of GCC Clause 13.2 the approval of an assignment by the Public Body
shall not relieve the Contractor of his obligations for the part of the Contract already per-
formed or the part not assigned.
13.4 If the Contractor has assigned his Contract without authorization, the Public Body may,
without giving formal notice thereof, apply as of right the sanctions for breach of Contract
provided for in GCC Clauses 19 and 21.
13.5 Assignees must satisfy the eligibility criteria applicable for the award of the Contract
and they can not be in any of the situations excluding them from participating in Contract.
13.6 Every assignment shall be subject to the provisions of this Contract and shall incorpo-
rate the terms and conditions of this Contract.
7. Subcontracting
14.1 A sub-contract shall be valid only if it is a written agreement by which the Contractor
entrusts performance of a part of the Contract to a third party.
14.2 In the event the Contractor requires sub-contracting of the works to Sub-Contractors
that are not included in the Contract, the Contractor shall obtain the prior written approval
and clearance of Public Body for all Sub-Contractors. The work to be sub-contracted and
the identity of the subcontractors shall be notified to the Public Body. The Public Body
shall with due regard to the provisions of GCC Clause 10 within 15 days of receipt of the
notification, notify the Contractor of its decision, stating reasons should he withhold such
authorization.
14.3 The terms of any sub-contract shall be subject to and conform to the provisions of this
Contract.
14.4 Sub-Contractors must satisfy the eligibility criteria applicable to the award of the con-
22
tract and they can not be in any of the situations excluding them from participating in con -
tract.
14.5 Subject to GCC Clause 66, the Public Body shall have no contractual relations with the
Sub-Contractors.
14.6 The Contractor shall be responsible for the acts, defaults and negligence of his Sub-
Contractors and their agents or employees, as if they were the acts, defaults or negligence
of the Contractor, his agents or employees. The approval by the Public Body of the sub-
contracting of any part of the contract or of the Sub-Contractor to perform any part of the
works shall not relieve the Contractor of any of his obligations under the contract.
14.7 If a Sub-Contractor has undertaken any continuing obligation for a period exceeding
that of the Defects Liability Period under the contract towards the Contractor in respect of
the work executed or the goods, materials, plant or services supplied by the Sub-Contractor,
the Contractor shall, at any time after the expiration of the Defects Liability Period, transfer
immediately to the Public Body, at the Public Body's request and cost, the benefit of such
obligation for the unexpired duration thereof.
14.8 If the Contractor enters into a subcontract without approval, the Public Body may ap-
ply, as of right without giving formal notice thereof, the sanctions for breach of contract
provided for in GCC Clauses 19 and 21.
14.9 If a Sub-Contractor is found by the Public Body or the Engineer to be incompetent in
discharging its duties, the Public Body or the Engineer may request the Contractor forth-
with, either to provide a Sub-Contractor with qualifications and experience acceptable to
the Public Body as a replacement, or to resume the implementation of the tasks itself.
8. Modifications by Change Orders
15.1 The Engineer shall have power to order any modification to any part of the works nec-
essary for the proper completion and /or functioning of the works. Such modifications may
include additions, omissions, substitutions, changes in quality, quantity, form, character,
kind, position, dimension, level or line and changes in the specified sequence, method or
timing of execution of the works. No order for a modification shall have the effect of inval-
idating the contract, but the financial effect, if any, of all such modifications shall be valued
in accordance with GCC Clauses 15.5 and 15.7.
15.2 All change orders shall be issued in writing, it being understood that:
(a) if for any reason, the Engineer shall find it necessary to give an order orally, he shall as
soon as possible thereafter confirm the order by an change order;
(b) if the Contractor shall confirm in writing an oral order given for the purpose of GCC
Clause 15.2 (a) and the confirmation shall not be contradicted in writing forthwith by
the Engineer, an change order shall be deemed to have been issued for the modification.
(c) A change order for modification shall not be required for increase or decrease in the
quantity of any work where such increase or decrease is the result of the quantity
23
exceeding or being less than that stated in the bill of quantities or price schedule, as the
result of valuation of works laid down in GCC Clause 63.
15.3 Except as provided by GCC Clause 15.2 prior to any change order for modification, the
Engineer shall notify the Contractor of the nature and form of such modification. As soon
as possible, after receiving such notice, the Contractor shall submit to the Engineer a pro-
posal containing:
(a) a description of the tasks, if any, to be implemented or the measures to be taken
and a program for execution; and
(b) any necessary modifications to the program of implementation of tasks or to any
of the Contractor's obligations under the contract; and
(c) any adjustment to the contract price in accordance with the rules as set out in this
Clause.
15.4 Following the receipt of the Contractor's submission referred to in GCC Clause 15.3,
the Engineer shall, after due consultation with the Public Body and, where appropriate, the
Contractor, decide as soon as possible whether or not the modification shall be carried out.
If the Engineer decides that the modification shall be carried out he shall issue the change
order stating that the modification shall be carried out at the prices and under the conditions
given in the Contractor's submission referred to in GCC Clause 15.3 or as modified by the
Engineer in accordance with GCC Clause 15.5.
15.5 The prices for all modifications ordered by the Engineer in accordance with GCC
Clause 15.2 and 15.4 shall be ascertained by the Engineer in accordance with the following
principles:
(a) where work is of similar character and executed under similar conditions to work priced in
the bill of quantities or price schedule it shall be valued at such rates and prices contained
therein;
(b) where work is not of a similar character or is not executed under similar conditions, the
rates and prices in the contract to be agreed through negotiation between the Engineer and
the Contractor shall conform to the prevailing market price;
(c) if the nature or amount of any modification relative to the nature or amount of the whole of
the contract or to any part thereof shall be such that in the opinion of the Engineer any rate
or price contained in the contract for any item of work is by reason of such modification
rendered unreasonable, then the Engineer shall fix such rate or price as in the circum-
stances he shall think reasonable and proper;
(d) where a modification is necessitated by default or breach of contract by the Contractor, any
additional cost attributable to such modification shall be borne by the Contractor.
15.6 On receipt of the change order requesting the modification, the Contractor shall proceed
to carry out the modification and be bound by these GCC in so doing as if such modifica-
tion were stated in the contract. The works shall not be delayed pending the granting of any
extension of time for completion or adjustment to the contract price. Where the order for a
modification precedes the adjustment to the contract price, the Contractor shall keep
24
records of the costs of undertaking the modification and of time expended thereon. Such
records shall be open to inspection by the Engineer at all reasonable times.
15.7 Where on provisional acceptance an increase or reduction in the total value of the
works resulting from a change order, or from some other circumstance which is not caused
by the Contractor's default, exceeds 25% of the initial contract price (or as modified by ad-
dendum), the Engineer shall, after consultation with the Public Body and the Contractor de-
termine any reduction from the contract price as a consequence of the application of GCC
Clause 15.5. The sum so determined shall be based on the amount by which the increase or
decrease in value of the works exceeds 25%. The sum shall be notified by the Engineer to
the Public Body and the Contractor and the contract price adjusted accordingly.
15.8 The total value of the works resulting from a change order shall not exceed 30% of the
total value of the initial contract price.
15.9 Any change to the terms of the Contract must be recorded in writing and executed by
authorized signatory of the Contractor and the Engineer. Such record of the change in ques-
tion must address all consequential amendments required to be made to the Contract as a
result of such change.
15.10 Changes will take effect as from the date specified in the signed record of change and
shall not have retrospective effect unless expressly provided for in such record.
15.11 Each record of change must be dated and sequentially numbered. Each of the Public
Body and the Contractor will be entitled to an original executed counterpart of the record of
variation.
15.12 Except as provided in any such record of variation, the Contract will continue in full
force and effect.
9. Change in Laws and Regulations
16.1 Unless otherwise expressly agreed in the SCC, if, after the deadline for submission of
the Bid, any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in the Federal Democratic Republic of Ethiopia where
the Site is located (which shall be deemed to include any change in interpretation or appli -
cation by the competent authorities) that subsequently affects the Completion Date and/or
the Contract Price, then such Contract Price shall not be correspondingly increased or de-
creased and/or the Completion Date shall not be adjusted to the extent that Contractor has
thereby been affected in the performance of any of its obligations under the Contract.
10. Taxes and Duties
17.1 Unless otherwise specified in the SCC, the Contractor shall bear and pay all taxes, du-
ties, and levies imposed on the Contractor, by all municipal, state or national government
authorities, both within and outside the Federal Democratic Republic of Ethiopia, in con-
nection with the Works to be carried out under the Contract,.
25
11. Force Majeure
18.1 For the purposes of the Contract, “Force Majeure” shall mean an event or events which
are beyond the reasonable control of a Contractor, and which makes a Contractor’s perfor-
mance of its obligations hereunder impossible or so impractical as reasonably to be consid-
ered impossible in the circumstances, and includes:
(a) An official prohibition preventing the performance of a contract,
(b) A natural catastrophe such as an earthquake, fire, explosion, storm, floods, or
other adverse weather conditions, or
(c) International or civil war, or
(d) Other instances of Force Majeure identified as such by the civil code.
18.2 The following occurrences shall not be deemed to be cases of Force Majeure:
(a) A strike or lock-out taking of a party or affecting the branch of business in which
he carries out his activities where such strikes, lockouts or other industrial action
are within the power of the Party invoking Force Majeure to prevent, or
(b) An increase or reduction in the price of raw materials necessary for the perfor-
mance of the contract, or
(c) The enactment of new legislation where by the obligations of the debtor becomes
more onerous, or
(d) Any event which is caused by the negligence or intentional action of a Contractor
or such Contractor’s Sub-Contractors or agents or employees; or
(e) Any event which a diligent Party could reasonably have been expected to both:
i. Take into account from the effective date of the Contract; and
ii. Avoid or overcome in the carrying out of its obligations; or
(f) Insufficiency of funds or failure to make any payment required hereunder.
18.3 The failure of a Contractor to fulfill any of its obligations hereunder shall not be consid-
ered to be a breach of, or default under, the Contract insofar as such inability arises from an
event of Force Majeure, provided that the Contractor affected by such an event has taken
all reasonable precautions, due care and reasonable alternative measures, all with the objec-
tive of carrying out the terms and conditions of the Contract.
18.4 A Party affected by an event of Force Majeure shall take all reasonable measures to
Remove such Party’s inability to fulfill its obligations hereunder with a minimum of
delay; and
Minimize the consequences of any event of Force Majeure.
18.5 A Contractor affected by an event of Force Majeure shall notify the Public Body 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.
26
18.6 Any period within which a Contractor shall, pursuant to this Contract, complete any ac-
tion 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.
18.7 During the period of their inability to carry out the Works as a result of an event of
Force Majeure, the Contractor, upon instructions by the Public Body, shall either:
(a) Demobilize, in which case the Contractor shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Public Body, in reactivating
the Works; or
(b) Continue to perform his obligations under the Contract to the extent possible, in which
case the Contractor shall continue to be paid under the terms of this Contract and be re -
imbursed for additional costs reasonably and necessarily incurred.
18.8 Not later than thirty (30) days after the Contractor, as the result of an event of Force
Majeure, has become unable to carry out the Works, the Parties shall consult with each
other in good faith and use all reasonable endeavors to agree appropriate terms to mitigate
the effects of the Force Majeure Event and facilitate the continued performance of the Con-
tract.
18.9 In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to GCC Clause 26.
12. Breach of Contract
19.1 Either party commits a breach of contract where it fails to discharge any of its obliga-
tions under the specific contract.
19.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to
the following remedies:
(a) Compensation / Claim for liquidated damages as specified in GCC Clause 27; and/or
(b) Termination of the contract.
19.3 In any case where the Public Body is entitled to damages, it may deduct such Suspen -
sion damages from any sums due to the Contractor or call on the appropriate guarantee.
13. Suspension
20.1 The Contractor shall, on the order of the Engineer, suspend the progress of the works or
any part thereof for such time or times and in such manner as the Engineer may consider
necessary.
20.2 During the period of suspension, the Contractor shall take such protective measures as
may be necessary to safeguard the works, plant, equipment and site against any deteriora-
tion, loss or damage. Additional expenses incurred in connection with such protective mea-
sures shall be added to the contract price, unless such suspension is:
(a) otherwise provided for in the contract; or
27
(b) necessary by reason of some default of the Contractor; or

(c) necessary by reason of normal climatic conditions on site; or
(d) necessary for the safety or the proper execution of the works or any part thereof
insofar as such necessity does not arise from any act or default by the Engineer or
the Public Body or from any of the exceptional risks referred to in GCC Clause
44.
20.3 The Contractor shall not be entitled to such additions to the contract price unless he no-
tifies the Engineer, within 30 days after receipt of the order to suspend the works, of his in -
tention to make a claim for them.
20.4 The Engineer, after consultation with the Public Body and the Contractor, shall deter-
mine such extra payment and/or extension of the period of performance to be made to the
Contractor in respect of such claim as shall, in the opinion of the Engineer, be fair and rea-
sonable.
20.5 If the period of suspension exceeds 120 days and the suspension is not due to the Con -
tractor's default, the Contractor may, by notice to the Engineer, request permission to pro-
ceed within thirty (30) days or terminate the contract.
20.6 Where the award procedure or implementation of the contract is vitiated by substantial
errors or irregularities or by suspected or proven fraud, the payments and/or implementa-
tion of the contract shall be suspended. Where such errors, irregularities or fraud are attrib-
utable to the Contractor, the Public Body may also refuse to make payments or may recover
monies already paid, in proportion to the seriousness of the errors, irregularities or fraud.
The payments may also be suspended in cases where there are suspected or established er-
rors, irregularities or fraud committed by the Contractor in the performance of another con-
tract funded by the Federal Government of Ethiopia, which are likely to affect the perfor-
mance of the present contract
14. Termination
Termination by the Public Body
21.1 Termination shall be without prejudice to any other rights or powers under the
contract of the Public Body and the Contractor.
21.2 In addition to the grounds for termination defined in these General Conditions,
the Public Body may, by not less than thirty days written notice of termination to the
Contractor stating the reason for termination of the contract and the date on which such
termination becomes effective. (except in the event listed in paragraph (o) below, for
which there shall be a written notice of not less than sixty days), such notice to be given
after the occurrence of any of the events specified in this GCC Sub-Clause 21.2 (a) to
(p), terminate the Contract if:
(a) The Contractor fails to carry out any or all of the Works within the period specified in the
Contract, or within any extension thereof granted by the Public Body pursuant to GCC
28
Clause 73;
(b) The Contractor fails to remedy a failure in the performance of their obligations as specified
in a notice of suspension pursuant to GCC Clause 20 within thirty days of receipt of such
notice of suspension of assignment or within such further period as the Public Body may
has subsequently approved in writing;
(c) The Contractor becomes (or, if the Contractor consists of more than one entity, if any of its
Members becomes) insolvent or bankrupt or enters into any agreements with their creditors
for relief of debt or take advantage of any law for the benefit of debtors or go into liquida-
tion or receivership whether compulsory or voluntary, other than for a reconstruction or
amalgamation;
(d) The Contractor fails to comply with any final decision reached as a result of direct informal
negotiation pursuant to GCC Sub-Clause 26.2 hereof;
(e) The Contractor is unable, as the result of Force Majeure, to carry out the Works for a period
of not less than sixty (60) days;
(f) The Contractor assigns the contract or sub-contracts without the authorization of the Public
Body;
(g) The Contractor has been guilty of grave professional misconduct proven by any means
which the Public Body can justify;
(h) The Contractor has been declared to be in serious breach of contract financed by the Fed-
eral Democratic Republic of Ethiopia's budget for failure to comply with its contractual
obligations.
(i) The Contractor has been engaged in corrupt or fraudulent practices in competing for or in
executing the Contract.
(j) Any organizational modification occurs involving a change in the legal personality, nature
or control of the Contractor, unless such modification is recorded in an addendum to the
Contract;
(k) Any other legal disability hindering performance of the Contract occurs;
(l) The Contractor fails to provide the required guarantees or insurance, or the person provid-
ing the underlying guarantee or insurance is not able to abide by its commitments.
(m) Where the procurement requirement of the Public Body changes for any apparent or obvi-
ous reason;
(n) Where it emerges that the gap between the value of the Contract and the prevailing market
price is so wide that allowing the implementation of the contract to proceed places the Pub -
lic Body concerned at a disadvantage;
(o) The Public Body, in its sole discretion and for any reason whatsoever, decides to terminate
the Contract.
(p) The Contractor has delayed the completion of the Works by the number of days for which the
maximum amount of liquidated damages can be paid, as defined in the GCC Clause 27.1(b).
Termination by the Contractor
21.3 The Contractor may, by not less than thirty (30) days' written notice to the Pub-
29
lic Body, of such notice to be given after the occurrence of any of the events specified
in GCC Sub-Clause 21.3 (a) to (d) terminate the Contract if:
(a) The Public Body fails to pay any money due to the Contractor pursuant to the Contract and
not subject to dispute pursuant to Clause 25, within forty-five (45) days after receiving
written notice from the Contractor that such payment is overdue;
(b) The Public Body is in material breach of its obligations pursuant to the Contract and has
not remedied the same within forty-five (45) days (or such longer period as the Contractor
may have subsequently approved in writing) following the receipt by the Public Body of
the Contractor’s notice specifying such breach;
(c) The Public Body suspends the progress of the works or any part thereof for more than 180
days, for reasons not specified in the Contract, or not due to the Contractor's default.
(d) The Contractor is unable as the result of Force Majeure, to perform a material portion of the
Works for a period of not less than sixty (60) days; or
(e) The Public Body fails to comply with any final decision reached as a result of settlement of
disputes pursuant to GCC Clause 26 hereof.
Disputes About Events of Termination
21.4 If either Party disputes whether an event specified GCC Sub-Clauses 21.2 (a) to
(n) or GCC Sub-Clause 21.3 hereof has occurred, such Party may, within forty-five (45)
days after receipt of notice of termination from the other Party, refer the matter to set -
tlement of disputes pursuant to GCC Clause 26 and this Contract shall not be termi-
nated on account of such event except in accordance with the terms of any resolution
award.
21.5 In the event the Public Body terminates the Contract pursuant to the GCC Sub-
Clause 21.2 (a) to (n) the Public Body may complete the works himself or conclude any
other contract with a third party at the Contractor's own expense. However, the Con-
tractor shall continue performance of the Contract to the extent not terminated.
21.6 If the Public Body terminates the Contract in the event specified in GCC Sub-
Clause 21.2 (o) the notice of termination shall specify that termination is for the Public
Body's convenience, the extent to which performance of the Contractor under the Con-
tract is terminated, and the date upon which such termination becomes effective.
15. Payment upon Termination
22.1 If the Contract is terminated because of a fundamental breach of Contract by

the Contractor, the Engineer shall issue a certificate for the value of the work done and
Materials ordered less advance payments received up to the date of the issue of the cer-
tificate and less the percentage to apply to the value of the work not completed, as indi-
cated in the SCC. Additional Liquidated Damages shall not apply. If the total amount
due to the Public Body exceeds any payment due to the Contractor, the difference shall
be a debt payable to the Public Body.
22.2 If the Public Body terminates the Contract in the event specified in GCC Sub-
30
Clause 21.2 (o) or because of a fundamental breach of Contract by the Public Body, the
Engineer shall issue a certificate for the value of the work done, Materials ordered, the
reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel em-
ployed solely on the Works, and the Contractor’s costs of protecting and securing the
Works, and less advance payments received up to the date of the certificate.
22.3 In the event the Public Body terminates the Contract pursuant to the GCC Sub-
Clause 21.2 (c) termination will be without compensation to the Contractor, provided
that such termination will not prejudice or affect any right of action or remedy that has
accrued or will accrue thereafter to the Public Body.
16. Arrangements on Termination
23.1 The Public Body and the Contractor agree that termination or expiry of the Contract
shall not affect either Party's obligations which the Contract provides shall survive the expi-
ration or termination of the Contract.
23.2 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Public Body if the Contract is terminated because of the
Contractor’s default.
23.3 After termination or expiry all data, documents and records (whether stored electroni-
cally or otherwise) relating in whole or in part to the provided Works shall be delivered by
the Contractor to the Public Body provided that the Contractor shall be entitled to keep
copies thereof to the extent that the information contained therein does not relate solely to
the Works or to the extent that the Contractor is required by law to maintain copies thereof
or to the extent that the Contractor was possessed of such data documents and records prior
to the date of the Contract. In addition, the Contractor shall co-operate fully with the Public
Body during the handover leading to the termination of the Contract. This co-operation
shall extend to full access to all documents, reports, summaries and any other information
required to achieve an effective transition without disruption to routine operational require-
ments.
17. Cessation of Rights and Obligations
24.1 Upon termination of the Contract pursuant to GCC Clauses 21, or upon the issue of the
Final Acceptance Certificate pursuant to GCC Clause 89 hereof, all rights and obligations
of the Parties hereunder shall cease, except
(a) Such rights and obligations as may have accrued on the date of termination or expi-
ration;
(b) The obligation of confidentiality set forth in GCC Clause 28 hereof;
(c) The Contractor’s obligation to permit inspection, copying and auditing of their ac-
counts and records set forth in GCC Clause 56 hereof; and
(d) Any right which a Party may have under the Governing Law.
31
18. Cessation of Works
25.1 Upon termination of the Contract by notice of either Party to the other pursuant to GCC
Clause 21 the Contractor shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Works to a close in a prompt and orderly manner, make the
Site safe and secure, leave the Site as soon as reasonably possible, and make every reason-
able effort to reduce expenditures for this purpose to a minimum.
25.2 The Engineer shall, as soon as is possible after termination, certify the value of the
works and all sums due to the Contractor as at the date of termination.
25.3 In the event of termination a report of work performed by the Contractor shall be drawn
up by the Engineer as soon as possible after inspection of the works, and inventory taken of
temporary structures, materials, plant and equipment. The Contractor shall be summoned to
be present during the inspection and the taking of the inventory. The Engineer shall also
draw up statements of emoluments still owed by the Contractor to workers employed by
him in relation to the contract and of sums owed by the Contractor to the Public Body.
19. Settlement of Disputes
26.1 During any dispute, including a dispute as to the validity of the Contract, it is mutually
agreed that the Contractor shall continue its performance of the Contract (unless the Public
Body requests in writing that the Contractor does not do so).
26.2 The Public Body and the Contractor shall make every effort to resolve amicably by di-
rect informal negotiation any disagreement, controversy or dispute arising between them
under or in connection with the Contract or interpretation thereof.
26.3 If a dispute arises between the Public Body and the Contractor in relation to any matter
which cannot be resolved by the Engineer and the Contractor's Contract Manager either of
them may refer such dispute to the procedure described in GCC Sub-Clause 26.4.
26.4 In the second instance each of the Public Body and the Contractor shall appoint more se-
nior representatives than those referred to in Sub-Clause 26.3 to meet solely in order to re-
solve the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the
Public Body (but the chairman shall not have a casting vote). Such meeting(s) shall be con-
ducted in such manner and at such venue (including a meeting conducted over the tele-
phone) as to promote a consensual resolution of the dispute in question at the discretion of
the chairman.
26.5 If the Parties fail to resolve such a dispute or difference amicably within twenty-eight
(28) days from the commencement of such procedure, either party may require that the dis -
pute be referred for resolution through the courts in accordance with Ethiopian Law.
26.6 Only those Public Bodies that are allowed by law to proceed to arbitration can do so.
20. Liquidated Damages
27.1 Except as provided under GCC Clause 18, if the Contractor fails to carry out any or all
32
of the Works within the period specified in the Contract, the Public Body may without
prejudice to all its other remedies under the Contract, deduct from the Contract Price, as
liquidated damages the following:
(a) A penalty of 0.1% or 1/1000 of the value of undelivered Service for each day of delay
until actual delivery or performance,
(b) The cumulative penalty to be paid by the Contractor shall not exceed 10% of the con-
tract price.
27.2 If the delay in performing the contract affects its activities, the Public
Body may terminate the contract by giving advance notice to the Contractor
pursuant to GCC Clause 21 without any obligation to wait until the penalty
reaches 10% of the value of the Contract.
27.3 If the Intended Completion Date is extended after liquidated damages
have been paid, the Engineer shall correct any overpayment of liquidated dam-
ages by the Contractor by adjusting the next payment certificate.
21. Confidentiality
28.1.1.1.1 The Public Body and the Contractor shall keep confidential and shall not dis-
close to any third party any documents, data, or other information furnished directly or in-
directly by the other party hereto in connection with the Contract, whether such informa -
tion has been furnished prior to, during or following completion or termination of the
Contract if their disclosure would be contrary to law, would impede law enforcement,
would not be in public interest, would prejudice legitimate commercial interest of the par-
ties or would inhibit fair competition.. Notwithstanding the above, the Contractor may
furnish to its sub-contractors such documents, data, and other information it receives from
the Public Body to the extent required for the sub-contractor to perform its work under the
Contract, in which event the Contractor shall obtain from such sub-contractor an under-
taking of confidentiality similar to that imposed on the Contractor under this Clause.
28.1.1.1.2 The Public Body shall not use such documents, data, and other information re-
ceived from the Contractor for any purposes unrelated to the Contract. Similarly, the Con-
tractor shall not use such documents, data, and other information received from the Public
Body for any purpose other than carrying out the Works in accordance with the Contract.
28.1.1.1.3 The obligation of a party under this Clause, however, shall not apply to any Con-
fidential Information that:
(a) The Public Body or Contractor need to share with any other institutions partici-
pating in the financing of the Contract;
(b) Now or hereafter enters the public domain other than by breach of the Contract or
other act or omissions of that Party;
(c) Is obtained by a third party who is lawfully authorized to disclose such informa-
tion;
(d) Can be proven to have been possessed by that party at the time of disclosure and
33
which was not previously obtained, directly or indirectly, from the other party; or
(e) Is authorized for release by the prior written consent of the other party.
28.1.1.1.4 The Parties shall not be prevented from using any general knowledge, experience
or skills which were in their possession prior to the commencement of the Contract;
28.1.1.1.5 The Contractor authorizes the Public Body to disclose the Confidential Informa-
tion to such person(s) as may be notified to the Contractor in writing by the Public Body
from time to time to the extent only as is necessary for the purposes of auditing and collat-
ing information so as to ascertain a realistic market price for the Works carried out in ac -
cordance with the Contract, such exercise being commonly referred to as "benchmark-
ing". The Public Body shall use all reasonable endeavors to ensure that such person(s)
keeps the Confidential Information confidential and does not make use of the Confidential
Information except for the purpose for which the disclosure is made. The Public Body
shall not without good reason claim that the lowest price available in the market is the re-
alistic market price.
28.1.1.1.6 The Contractor agrees that:
(a) Subject to GCC Sub-Clause 28.6 (b), the decision on whether any exemption ap-
plies to a request for disclosure of recorded information is a decision solely for
the Public Body;
(b) Where the Public Body is managing a request as referred to in GCC Sub-Clause
28.6 (a), the Contractor shall co-operate with the Public Body making the request
and shall respond within five (5) working days of any request by it for assistance
in determining how to respond to a request for disclosure.
28.1.1.1.7 The Contractor shall procure that its sub-contractors shall provide the Public
Body with a copy of all information in its possession or power in the form that the Public
Body requires within five (5) working days (or such other period as the Public Body may
specify) of the Public Body requesting that Information.
28.1.1.1.8 The Public Body may consult the Contractor in relation to any request for disclo-
sure of the Contractor's Confidential Information in accordance with all applicable guid-
ance.
28.1.1.1.9 The above provisions of this Clause shall not in any way modify any undertaking
of confidentiality given by either of the parties hereto prior to the date of the Contract.
28.1.1.1.10 This GCC Clause 28 shall remain in force without limit in time in respect of
Confidential Information which comprises Personal Data. Except as aforesaid and unless
otherwise expressly set out in the Contract, this GCC Clause 28 shall remain in force for a
period of 3 years after the termination or expiry of this Contract.
28.1.1.1.11 In the event that the Contractor fails to comply with this GCC Clause 28, the
Public Body reserves the right to terminate the Contract by notice in writing with immedi-
ate effect.
34
22. Miscellaneous
29.1 Any decision, act or thing that the Public Body is required or authorized to take or do
under the Contract may be taken or done by any person authorized, either generally or
specifically, by the Public Body to take or do that decision, act or thing, provided that
upon receipt of a written request the Public Body shall inform the Contractor of the
name of any person so authorized.The Contractor may from time to time upon the re-
quest of the Public Body, execute any additional documents and do any other acts or
things which may reasonably be required to implement the provisions of the Contract.
29.2 Any provision of the Contract which is held to be invalid or unenforceable in any juris -
diction shall be ineffective to the extent of such invalidity or unenforceability without in-
validating or rendering unenforceable the remaining provisions hereof and any such inva-
lidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable
such provisions in any other jurisdiction.
29.3 The failure by the Public Body and Contractor to insist upon the strict perfor-
mance of any provision, term or condition of the Contract or to exercise any right or
remedy consequent upon the breach thereof shall not constitute a waiver of any such
breach or any subsequent breach of such provision, term or condition.
29.4 Each Party shall bear its own expenses in relation to the preparation, execution
and implementation of the Contract including all costs legal fees and other expenses so
incurred.
29.5 The Contractor warrants represents and undertakes to the Public Body that there
are no pending or threatened actions or proceedings before any court or administrative
agency which would materially adversely affect the financial condition, business or
operations of the Contractor and that there are no material contracts existing to which
the Contractor is a party which prevent it from entering into the Contract; and that the
Contractor has satisfied itself as to the nature and extent of the risks assumed by it un-
der the Contract and gathered all information necessary to perform its obligations un-
der the Contract and all other obligations assumed by it.
29.6 The rights and remedies provided in the Contract are cumulative and not exclu-
sive of any rights or remedies provided by any other contract or document. In this pro-
vision "right" includes any power, privilege, remedy, or proprietary or security inter-
est.
C. Obligation of Public Body
23. Assistance and Supply of Documents
30.1 The Contractor may request the assistance of the Public Body in obtaining copies
of laws, regulations and information on local customs, orders or by-laws of the Fed-
eral Democratic Republic of Ethiopia, which may affect the Contractor in the perfor-
mance of his obligations under the Contract. The Public Body may provide the assis-
35
tance requested to the Contractor at the Contractor's cost.

30.2 Unless otherwise specified in the SCC, the Public Body may make all efforts
necessary to facilitate the procurement by the Contractor of:
(a) all required visas and permits, including work and residence permits, and such
other documents as shall be necessary to enable the Contractor, Sub-Contractors
or Personnel to carry out the Works;
(b) any such other assistance as may be specified in the SCC.
30.3 Except where otherwise provided in the SCC, within 30 days of the signing of
the Contract, the Engineer shall provide to the Contractor, free of charge, a copy of
the drawings prepared for the implementation of tasks as well as two copies of the
specifications and other contract documents. The Contractor may purchase additional
copies of these drawings, specifications and other documents, insofar as they are
available. Upon the final acceptance, the Contractor shall return to the Engineer all
drawings, specifications and other contract documents.
30.4 Unless it is necessary for the purposes of the Contract, the drawings, specifica-
tions and other documents provided by the Public Body shall not be used or commu-
nicated to a third party by the Contractor without the prior consent of the Engineer.
30.5 The Engineer shall have authority to issue to the Contractor administrative or-
ders incorporating such supplementary documents and instructions as shall be neces-
sary for the proper and adequate execution of the works and the remedying of any
defects therein.
24. Access to the Site
31.1.1.1.1 The Public Body shall, in due time and in conformity with the progress of the
works, place the site and access thereto at the disposal of the Contractor in accordance
with the program of implementation of tasks referred to in these GCC. If possession of a
part is not given by the date stated in the approved work program, the Public Body will be
deemed to have delayed the start of the relevant activities, and this will be a Compensa-
tion Event.
31.1.1.1.2 The Contractor shall allow the Engineer and any person authorized by the Engi-
neer access to the Site and to any place where work in connection with the Contract is be-
ing carried out or is intended to be carried out.
31.1.1.1.3 Any land procured for the Contractor by the Public Body shall not be used by the
Contractor for purposes other than the implementation of tasks.
31.1.1.1.4 The Contractor shall preserve any premises placed at his disposal in a good state
while he is in occupation and shall, if so required by the Public Body or the Engineer, re -
store them to their original state on completion of the contract, taking into account normal
wear and tear.
31.1.1.1.5 The Contractor shall not be entitled to any payment for improvements resulting
36
from work carried out on his own initiative.
25. Payment
32.1 In consideration of the Works performed by the Contractor under this Contract,
the Public Body shall make to the Contractor such payments and in such manner as is
provided by GCC Paragraph E of this Contract.
26. Delayed Payments to the Contractor's Staff
33.1 Where there is a delay in the payment to the Contractor's employees of wages and
salaries owing and of the allowances and contributions laid down by the law of the Fed-
eral Democratic Republic of Ethiopia, the Public Body may give notice to the Contractor
that within 15 days of the notice the Contractor has to pay such wages, salaries, al -
lowances and contributions.
D. Obligations of the Contractor
27. General Obligations
34.1 The Contractor shall, with due care and diligence, and in accordance with the
provisions of the Contract, design the works to the extent stated in the Contract, and
execute, complete and remedy any defects in the works. The Contractor shall provide
all control and supervision of the works, personnel, materials, plant, equipment and
all other items, whether of a temporary or permanent nature required in and for such
design, execution, completion and remedying of any defects, insofar as specified in,
or can be reasonably inferred from, the Contract.
34.2 The Contractor shall take full responsibility for the adequacy, stability and
safety of all operations and methods of construction under the Contract.
34.3 The Contractor shall respect and abide by all laws and regulations in force in the
Federal Democratic Republic of Ethiopia and shall ensure that his personnel, their de-
pendants, and his local employees also respect and abide by all such laws and regula-
tions. The Contractor shall indemnify the Public Body against any claims and pro-
ceedings arising from any infringement by the Contractor, its Sub-Contractors or their
employees of such laws and regulations.
34.4 The Contractor shall ensure that Works conform to applicable environmental and
quality standards, that no chemical or other product/equipment is used in such a way
as to cause negative impact on the environment in general and occupational health
hazards and shall employ the most recent technology, safe and effective equipment,
machinery, materials and methods, as necessary.
34.5 The Contractor shall obtain the Public Body's prior approval in writing before
taking any of the following actions:
(a) Entering into a subcontract for carrying out any part of the Works, it being under-
37
stood that the Contractor shall remain fully liable for carrying out the Works by
the Sub-Contractor;
(b) Any other action that may be specified in the SCC.
34.6 The Contractor shall comply with any administrative orders given by the Engi-
neer. Where the Contractor considers that the requirements of an administrative order
go beyond the authority of the specific Engineer or of the scope of the Contract, it
shall, on pain of being time-barred, notify the specific contract manager, explaining
its opinion, within 30 days after receipt thereof. Execution of the administrative order
shall not be suspended because of this notice.
34.7 The Contractor shall treat all documents and information received in connection
with the contract as private and confidential, and shall not, save in so far as may be
necessary for the purposes of the performance thereof, publish or disclose any partic-
ulars of the contract without the prior consent in writing of the Public Body or the
specific contract manager after consultation with the Public Body. If any disagree-
ment arises as to the necessity for any publication or disclosure for the purpose of the
contract, the decision of the Public Body shall be final.
28. Eligibility
35.1 The Contractor and its Sub-Contractors shall have the nationality of an eligible
country pursuant to Section 5 of the Bidding Documents. A Contractor or Sub-Con-
tractor shall be deemed to have the nationality of a country if it is a citizen or consti-
tuted, incorporated, or registered, and operates in conformity with the provisions of
the laws of that country.
35.2 The Contractor and its Sub-Contractors shall provide Personnel who shall be cit-
izens of eligible countries and use goods with their origin from an eligible country.
29. Code of Conduct
36.1 The Contractor shall, at all times, act loyally and impartially in respect of any
matter relating to this Contract and as a faithful adviser to the Public Body in accor -
dance with the rules and/or code of conduct of its profession as well as with appropri-
ate discretion. The Contractor shall, in particular, at all times refrain from making any
public statements concerning the Works without the prior approval of the Public
Body, and from engaging in any activity which conflicts with its obligations towards
the Public Body under the contract. It shall not commit the Public Body without its
prior written consent, and shall, where appropriate, make this obligation clear to third
parties.
36.2 If the Contractor or any of its Sub-Contractors, personnel, agents or servants of-
fers to give or agrees to offer or to give or gives to any person, any bribe, gift, gratu-
ity or commission as an inducement or reward for doing or forbearing to do any act in
relation to the contract or any other contract with the Public Body, or for showing fa-
vor or disfavor to any person in relation to the contract or any other contract with the
38
Public Body, then the Public Body may terminate the contract, without prejudice to
any accrued rights of the Contractor under the contract.
36.3 The payments to the Contractor under the contract shall constitute the only in-
come or benefit it may derive in connection with the contract and neither it nor its
personnel shall accept any commission, discount, allowance, indirect payment or
other consideration in connection with, or in relation to, or in discharge of, its obliga-
tions under the contract.
36.4 The Contractor shall not have the benefit, whether directly or indirectly, of any
royalty, gratuity or commission in respect of any patented or protected article or
process used in or for the purposes of the contract or the project, without the prior
written approval of the Public Body.
36.5 The Contractor and its staff shall maintain professional secrecy, for the duration
of the contract and after completion thereof. In this connection, except with the prior
written consent of the Public Body, neither the Contractor nor the personnel em-
ployed or engaged by it shall at any time communicate to any person or entity any
confidential information disclosed to them or discovered by them, or make public any
information as to the recommendations formulated in the course of or as a result of
the Works. Furthermore, they shall not make any use prejudicial to the Public Body,
of information supplied to them and of the results of studies, tests and research car-
ried out in the course and for the purpose of performing the contract.
36.6 The execution of the contract shall not give rise to unusual commercial ex-
penses. If such unusual commercial expenses emerge, the contract will be terminated.
Unusual commercial expenses are commissions not mentioned in the contract or not
stemming from a properly concluded contract referring to the contract, commissions
not paid in return for any actual and legitimate service, commissions remitted to a tax
haven, commissions paid to a recipient who is not clearly identified or commission
paid to a company which has every appearance of being a front company.
36.7 The Contractor shall supply to the Public Body on request supporting evidence
regarding the conditions in which the contract is being executed. The Public Body
may carry out whatever documentary or on-the spot checks it deems necessary to find
evidence in case of suspected unusual commercial expenses.
30. Control and Supervision of the Works
37.1 The Contractor shall himself control and supervise the works or shall appoint a Con-
tract Manager to do so. Such appointment shall be submitted to the Engineer for approval.
37.2 The Contract Manager shall be suitably qualified in accordance with the Schedule of
Requirements. In addition a work history/biography will be submitted to the Engineer for
approval.
37.3 The Contractor shall forthwith give notice in writing to the Engineer of the identity of
the person appointed as Contract Manager for approval. The approval may at any time be
39
withdrawn. Should the Engineer refuse to approve, or withdraw approval of the appoint-
ment, he shall set out the grounds on which his decision is based, and the Contractor shall
submit an alternative appointment without delay. The address of the Contractor's representa-
tive shall be deemed to be the address for service given by the Contractor.
37.4 If the Engineer withdraws his approval of the Contractor's Contract Manager, the Con-
tractor shall, as soon as is practicable, after receiving notice of such withdrawal, remove the
Contract Manager from the works and replace him with another Contract Manager approved
by the Engineer.
37.5 The Contractor's Contract Manager shall have full authority to make any deci-
sion necessary for the execution of the works, to receive and carry out administrative orders
and to countersign the work register referred to in GCC Clause 79 or attachment, where ap-
propriate. In any event, the Contractor shall be responsible for ensuring that the works are
carried out satisfactorily including ensuring that the specifications and administrative or-
ders are adhered to by his own employees and by his sub-Contractors and their employees.
37.6 Any notice, information, instruction or other com-
munication given or made to the Contract Manager shall
be deemed to have been given or made to the Contractor.
37.7 the Contractor shall inform the Engineer of the
identity of any person authorized to act for any period as
deputy for the Contract Manager before the start of that
period.
37.8 The Contractor shall provide a sufficient comple-
ment of supervisory staff in addition to the Contract Man-
ager, to ensure that the Contractor’s staff engaged in and
about the provision of the Works at the Site are ade-
quately supervised and properly perform their duties at all
times.
37.9 All persons appointed to managerial and supervi-
sory positions in accordance with the Schedule of Re-
quirements must be to the acceptance of the Engineer
who will have the right to veto the appointment of any
candidate who is deemed to be unsuitable.
31. Personnel
38.1 The persons employed by the Contractor must be sufficient in number, and per-
mit the optimum use of the human resources. Such employees must have the skills
and experience necessary to ensure due progress and satisfactory execution of the
works.
38.2 The Contractor shall make his own arrangements for the engagement of all staff
and labor. The rates of remuneration and the general working conditions, as laid
40
down by the law of the Federal democratic Republic of Ethiopia, shall apply as a
minimum to employees on the Site.
38.3 The Contractor shall employ the key personnel named in the Schedule of Key
Personnel, as referred to in the SCC, to carry out the functions stated in the Schedule
of Requirements or other personnel approved by the Engineer. The Engineer will ap-
prove any proposed replacement of key personnel only if their relevant qualifications
and abilities are substantially equal to or better than those of the personnel listed in
the Schedule of Requirements.
38.4 The Contractor acknowledges that the Key Personnel are essential to the proper
provision of the Works to the Public Body. The Contractor shall ensure that the role
of any Key Personnel is not vacant for any longer than [10] Working Days and that
any replacement shall be as or more qualified and experienced as the previous incum-
bent of such role and is fully competent to carry out the tasks assigned to the role of
the member of Key Personnel whom he or she has replaced.
38.5 The Contractor shall immediately replace all employees indicated by the Engi-
neer, in a letter stating reasons, as likely to jeopardize the satisfactory execution of
the works
38.6 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor’s 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.
38.7 The Public Body shall not be liable for the cost of replacing any member of the
Contractor’s staff and the Contractor shall indemnify the Public Body against all Em-
ployee Liabilities that may arise in this respect.
32. Indemnification and Limitation of Liability
38.7.1.1.1 At its own expense, the Contractor shall indemnify, protect and defend, the Pub-
lic Body, its agents and employees, from and against all actions, claims, losses or damage
arising from any act or omission by the Contractor in the performance of the Works, in-
cluding any violation of any legal provisions, or rights of third parties, in respect of
patents, trade marks and other forms of intellectual property such as copyrights.
38.7.1.1.2 At its own expense, the Contractor shall indemnify, protect and defend the Pub-
lic Body, its agents and employees, from and against all actions, claims, losses or dam-
ages arising out of the Contractor’s failure to perform its obligations provided that:
The Contractor is notified of such actions, claims, losses or damages not later than
30 days after the Public Body becomes aware of them;
The ceiling on the Contractor’s liability shall be limited to an amount equal to total
Contract Price as stated in the SCC, but such ceiling shall not apply to actions,
claims, losses or damages caused by the Contractor’s willful misconduct;
The Contractor’s liability shall be limited to actions, claims, losses or damages di-
41
rectly caused by such failure to perform its obligations under the contract and
shall not include liability arising from unforeseeable occurrences incidental or
indirectly consequential to such failure.
38.7.1.1.3 The aggregate liability of the Contractor to the Public Body shall not exceed the
total contract value.
38.7.1.1.4 The Contractor shall have no liability whatsoever for actions, claims, losses or
damages occasioned by:
The Public Body omitting to act on any recommendation, or overriding any act, de-
cision or recommendation, of the Contractor, or requiring the Contractor to
implement a decision or recommendation with which the Contractor disagrees
or on which it expresses a serious reservation; or
The improper execution of the Contractor’s instructions by agents, employees or in-
dependent Contractors of the Public Body.
38.7.1.1.5 The Contractor shall remain responsible for any breach of its obligations under
the contract for such period after the Works have been performed as may be determined
by the law governing the contract.
33. Insurance to be Taken Out by the Contractor
38.7.1.1.6 The Contractor shall provide, in the joint names of the Public Body and the Con-
tractor, insurance cover against loss or damage for which he is liable under the contract in
the amounts and deductibles stated in the SCC. Such insurance shall, unless the SCC pro-
vide otherwise, cover:
the Works, together with Materials and Plant for incorporation therein, to the full
replacement cost against all loss or damage from whatever cause arising other
than from Force Majeure or risks attributable under the contract to the Public
Body;
an additional sum of 15% of such replacement cost, or as may be specified in the
SCC, to cover any additional costs of and incidental to the rectification of loss
or damage including professional fees and the cost of demolishing and remov-
ing any part of the works and of removing debris of whatever nature;
the Contractor's Equipment and other things brought onto the Site by the Contrac-
tor, for a sum sufficient to provide their replacement at the Site.
38.7.1.1.7 The Contractor shall take out insurance covering his liability with regard to in-
dustrial accidents and civil liabilities to any person employed by him on the works, to the
Public Body and any employee of that authority, arising from the execution of the works.
Such liability shall be unlimited in the case of personal injuries.
38.7.1.1.8 The Contractor shall take out insurance covering liability with regard to risks and
civil liability resulting from an act or omission attributed to him, to his legal successors or
agents. Such insurance shall be for at least the amount stated in the SCC. Furthermore, he
42
shall ensure that all his sub-contractors have taken out a similar insurance.
38.7.1.1.9 By requiring such insurance, Public Body shall not be deemed or construed to
have assessed the risk that may be applicable to the Contractor under this Contract. The
Contractor shall assess its own risks and if deemed to be appropriate and/or prudent,
should maintain adequate limits and/or broader insurance coverage than that stipulated
above. The Contractor is not relieved of any liability or other obligations assumed or pur-
suant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types.
38.7.1.1.10 Insurance shall be provided at the Contractor’s expense and shall not be charged
directly to the Public Body.
38.7.1.1.11 All the insurance referred to in this Clause shall be taken out within 30 days of
the notification of the award of the Contract, and shall be subject to approval by the Pub-
lic Body. Such insurance shall take effect from the commencement of the Works and re-
main in force until final acceptance of the Works.
38.7.1.1.12 The Public Body shall be notified by the Contractor or its Insurance Carrier at
least 30 days prior to any material change to or cancellation of any of insurance coverage.
38.7.1.1.13 Prior to the commencement of the Works under this Contract, the Contractor or
its Insurance Carrier shall provide a Certificate(s) of Insurance (COI) evidencing compli-
ance with all requirements for insurance coverage. The COI shall be submitted to the Pub-
lic Body for review and approval. For the duration of the Contract, the Contractor or its
Insurance Carrier shall provide updated COI’s to evidence renewals or other changes to
insurance policies or coverage, and payment of the current premiums whenever they are
required to do so by the Public Body or the Engineer.
38.7.1.1.14 Notwithstanding the obligations of the Contractor to insure in accordance with
this Clause, the Contractor shall be solely liable and shall indemnify the Public Body and
the Engineer against any claims for damage to property or personal injuries arising from
the execution of the works by the Contractor, his sub-contractors and employees in con-
nection with the Works
34. Program of Implementation of Tasks
38.7.1.1.15 Completing the work program given as part of the Bid, the Contractor shall
within the time stated in the SCC provide the Engineer with a program of implementation
of the tasks, broken down by activity and by month and include the following informa-
tion:
the order in which the Contractor proposes to carry out the works;
the time limits within which submission and approval of the drawings are required;
an organization chart containing the names, qualifications and curricula vitae of the
staff responsible for the Site,
a general description of the method including the sequence, by month and by nature
43
which the Contractor proposes to carry out the works;

a plan for the setting out and organization of the Site, and
such further details and information as the Engineer may reasonably require.
38.7.1.1.16 The Engineer shall return these documents to the Contractor with his approval or
any relevant remarks within ten days of receipt, except where the Engineer, within those
ten days, notifies the Contractor of his wish for a meeting.
38.7.1.1.17 An update of the program shall be a program showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the re-
maining work, including any changes to the sequence of the activities.
38.7.1.1.18 The Contractor shall submit to the Engineer for approval an updated program at
intervals no longer than the period stated in the SCC. If the Contractor does not submit an
updated Program within this period, the Engineer may withhold the amount stated in the
SCC from the next payment certificate and continue to withhold this amount until the next
payment after the date on which the overdue Program has been submitted.
38.7.1.1.19 The approval of the program by the Engineer shall not relieve the Contractor
from any of his obligations under the contract. The Contractor may revise the program
and submit it to the Engineer again at any time. A revised program shall show the effect
of modifications and Compensation Events.
38.7.1.1.20 No material alteration to the program shall be made without the approval of the
Engineer. If, however, the progress of the works does not conform to the program, the En-
gineer may instruct the Contractor to revise the program and submit the revised program
to him for approval.
35. Contractor's Drawings
38.7.1.1.21 The Contractor shall submit to the Engineer for approval:

Such drawings, documents, samples and /or models as may be specified in the con-
tract within the time limits laid down therein or in the program of implementa-
tion of tasks;
Such drawings as the Engineer may reasonably require for the implementation of
tasks.
In the case of bridges and other reinforced concrete structures, the Contractor shall
carry out the requisite soil surveys before commencing work on the founda-
tions. The Contractor must submit the results of these surveys and the calcula-
tions for the foundations, in triplicate, to the Engineer at least one month be-
fore commencing construction of the works in question.
The Contractor shall prepare, at its own expense, all design and construction draw-
ings and other documents and objects necessary for the proper execution of the
Contract, and in particular drawings and design calculations and the rein-
forcement drawings for reinforced concrete structures. The Contractor shall
submit, in triplicate, construction, design and reinforcement drawings, design
44
calculations and any other documents or objects it is to provide for the Engi-
neer’s approval at least one month before commencing construction of the
works in question.
Within 15 days of receiving the drawings, design calculations, objects and other
documents required under (c) and (d), the Engineer shall return them to the
Contractor with either his endorsement or his remarks.
38.7.1.1.22 If the Engineer fails to notify his decision of approval referred to in GCC Clause
41.1 within the time limits referred to in the contract or the approved program of imple-
mentation of tasks, such drawings, documents, samples or models shall be deemed to be
approved at the end of the time limits specified. If no time limit is specified, they shall be
deemed to be approved 30 days after receipt.
38.7.1.1.23 Approved drawings, documents, samples and models shall be signed or other-
wise identified by the Engineer and shall not be departed from except as otherwise in-
structed by the Engineer. Any Contractor's drawings, documents, samples or models
which the Engineer fails to approve, shall be forthwith modified to meet the requirements
of the Engineer and resubmitted by the Contractor for approval. Within 15 days of being
notified of the Engineer’s remarks, the Contractor shall make the requisite corrections, ad-
justments etc. to the documents, drawings, design calculations etc. The corrected or ad-
justed documents, drawings, design calculations etc. shall be resubmitted for the Engi-
neer’s approval under the same procedure.
38.7.1.1.24 The Contractor shall supply additional copies of approved drawings in the form
and number stated in the contract or in subsequent administrative orders.
38.7.1.1.25 The approval of the drawings, documents, samples or models by the Engineer
shall not relieve the Contractor from any of his obligations under the contract.
38.7.1.1.26 The Engineer shall have the right at all reasonable times to inspect all contract
drawings, documents, samples or models at the Contractor's premises.
38.7.1.1.27 Before provisional acceptance of the works, the Contractor shall supply opera-
tion and maintenance manuals together with drawings, which shall be in such detail as
will enable the Public Body to operate, maintain, adjust and repair all parts of the works.
Unless otherwise stated in the Special Conditions, the manuals and drawings shall be in
the language of the Contract. The works shall not be considered to be completed for the
purpose of provisional acceptance until such manuals and drawings have been supplied to
the Public Body.
36. Sufficiency of Bid Prices
38.7.1.1.28 The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and to have satisfied himself before submitting his Bid, as to the nature of
the ground and sub-soil, and to have taken into account the form and nature of the Site,
the extent and nature of the work and materials necessary for the completion of the works,
the means of communication with and access to the site, the accommodation he may re-
45
quire and in general to have obtained for himself all necessary information as to risks,
contingencies and all other circumstances influencing or affecting his tender.
38.7.1.1.29 The Contractor shall be deemed to have satisfied himself before submitting his
tender as to the correctness and sufficiency of the tender and of the rates and prices stated
in the bill of quantities or price schedule which shall, except in so far as it is otherwise
provided in the Contract, cover all his obligations under the contract.
38.7.1.1.30 Since the Contractor is deemed to have determined his prices on the basis of his
own calculations, operations and estimates, he shall carry out without additional charge
any work which is the subject of any item whatsoever in his tender for which he neither
indicates a unit price nor a firm sum.
37. Exceptional Risks
38.7.1.1.31 If during the execution of the works the Contractor encounters artificial obstruc-
tions or physical conditions which could not reasonably have been foreseen by an experi-
enced Contractor, and if the Contractor is of the opinion that additional costs will be in-
curred and/or an extension of the period of implementation of the tasks will be necessary
as a result of this, he shall give notice to the Engineer in accordance with GCC Clauses 69
and/or 73. The Contractor shall specify in such notice the artificial obstructions and/or
physical conditions, giving details of the anticipated effects thereof, the measures he is
taking or intends to take and the extent of the anticipated delay in or interference with the
execution of the works.
38.7.1.1.32 Following receipt of the notice, the Engineer may inter alia:
Require the Contractor to provide an estimate of the cost of the measures he is tak-
ing or intends to take;
Approve measures referred to in GCC Sub-Clause 44.2 (a) with or without modifi-
cation;
Give written instructions as to how the artificial obstructions or physical conditions
are to be dealt with;
Order a modification, a suspension, or termination of the contract.
38.7.1.1.33 To the extent that the Engineer shall decide that the whole or part of the said arti-
ficial obstructions or physical conditions could not reasonably have been foreseen by an
experienced Contractor, the Engineer shall:
take into account any delay suffered by the Contractor as a result of such obstruc-
tions or conditions in determining any extension of the period of implementa-
tion of tasks to which the Contractor is entitled under GCC Clause 73; and/or
in case of artificial obstructions or physical conditions other than weather condi-
tions, determine additional payments due to the Contractor in accordance with
GCC Clause 69.
38.7.1.1.34 Weather conditions shall not entitle the Contractor to claims under GCC Clause
46
69.
38.7.1.1.35 If the Engineer decides that the artificial obstructions or physical conditions
could, in whole or in part, have been reasonably foreseen by an experienced Contractor,
he shall so inform the Contractor as soon as practicable.
38. Health and Safety on Sites
38.7.1.1.36 The Contractor shall have the right to forbid access to the Site to any person not
involved in the performance of the contract, with the exception of persons authorized by
the Engineer or the Public Body.
38.7.1.1.37 The Contractor shall ensure the safety on sites during the whole period of execu-
tion and shall be responsible for taking the necessary steps, in the interests of his employ -
ees, agents of the Public Body and third parties, to prevent any loss or accident which
may result from carrying out the works.
38.7.1.1.38 The Contractor shall take all essential steps, on his own responsibility and at his
expense, to ensure that existing structures and installations are protected, preserved and
maintained. He shall be responsible for providing and maintaining at his expense all light-
ing, protection, fencing and security equipment which proves necessary for the proper im-
plementation of the tasks or which may reasonably be required by the Engineer.
38.7.1.1.39 If, during the implementation of the tasks, urgent measures are necessary to ob-
viate any risk of accident or damage or to ensure security following any accident or dam-
age, the Engineer shall give formal notice to the Contractor to do what is necessary. If the
Contractor is unwilling or unable to undertake the necessary measures, the Engineer may
carry out the work at the expense of the Contractor to the extent that the Contractor is li -
able.
38.7.1.1.40 While carrying out the Works, the Contractor shall comply, and shall ensure that
its employees comply with, the requirements of relevant Health and Safety and other rele-
vant legislation,
38.7.1.1.41 The Contractor shall nominate a Health and Safety Representative to liaise with
the Engineer on all Health and Safety matters.
38.7.1.1.42 The Contractor’s staff shall follow a system of accident recording in accordance
with the Contractor’s own accident reporting procedures.
38.7.1.1.43 All notifiable accidents shall immediately be brought to the attention of the Engi-
neer.
38.7.1.1.44 The Contractor shall ensure the co-operation of its personnel in all prevention
measures designed against fire, or any other hazards, and shall notify the Public Body of
any change in the Contractor's working practices or other occurrences likely to increase
such risks or to cause new hazards.
38.7.1.1.45 The Contractor shall provide such first aid facilities and ensure that his staffs
abide by such first aid procedures as shall be required by the Public Body.
47
39. Safeguarding Adjacent Properties
38.7.1.1.46 On his own responsibility and at his expense, the Contractor shall take all the
precautions required by good construction practice and by the prevailing circumstances to
safeguard adjacent properties and avoid causing any abnormal disturbance therein.
38.7.1.1.47 The Contractor shall indemnify the Public Body against the financial conse-
quences of all claims by neighboring landowners or residents to the extent that the Con-
tractor is liable and to the extent that the damage to adjacent properties is not the result of
a hazard created through the design or method of construction imposed by the Public
Body or the Engineer upon the Contractor
40. Interference with Traffic
38.7.1.1.48 The Contractor shall ensure that the works and installations do not cause damage
to, or obstruct traffic on, communication links such as roads, railways, waterways and air-
ports, except as permitted under the SCC. He shall, in particular, take account of weight
restrictions when selecting routes and vehicles.
38.7.1.1.49 Any special measures which the Contractor considers necessary or which are
specified in the SCC or which are required by the Public Body in order to protect or
strengthen sections of roads, tracks or bridges, shall be at the expense of the Contractor,
whether or not they are carried out by the Contractor. The Contractor shall inform the En-
gineer of any special measures he intends to take before carrying them out. The repair of
any damage caused to roads, tracks or bridges by the transport of materials, plant or
equipment shall be at the expense of the Contractor.
41. Cables and Conduits
38.7.1.1.50 Where, in the course of carrying out the works, the Contractor encounters bench-
marks indicating the course of underground cables, conduits and installations, he shall
keep such bench-marks in position or replace them, should execution of the works have
necessitated their temporary removal. Such related operations require the authorization of
the Engineer.
38.7.1.1.51 The Contractor shall be responsible for the preservation, removal and replace-
ment, as the case may be, of the cables, conduits and installations specified by the Public
Body in the contract and for the cost thereof.
38.7.1.1.52 Where the presence of cables, conduits and installations has not been specified in
the contract but is revealed by bench-marks and references, the Contractor shall be under
a general duty of care and similar obligations regarding preservation, removal and re-
placement to those set out above. In this case, the Public Body shall compensate him for
expenditure, to the extent that such work is necessary for the execution of the contract.
38.7.1.1.53 However, the obligations to remove and replace cables, conduits and installa-
tions and the expenditure resulting therefrom shall not be the responsibility of the Con-
tractor if the Public Body decides to accept that responsibility. The same shall apply
48
where this obligation and the expenditure resulting therefrom devolve upon another spe-
cialist administration or an agent.
38.7.1.1.54 When any work on the site is likely to cause disturbances in or damage to a pub-
lic utility service, the Contractor shall immediately inform the Engineer in writing, giving
a reasonable period of notice so that suitable measures can be taken in time to allow work
to continue normally.
42. Setting-out of the Works
38.7.1.1.55 The Contractor shall be responsible for:

the accurate setting-out of the Works in relation to original marks, lines and levels
of reference given by the Engineer;
the correctness, of the position, levels, dimensions and alignment of all parts of the
Works; and
the provision of all necessary instruments, appliances and labor in connection with
the foregoing responsibilities.
38.7.1.1.56 If, at any time during the execution of the Works, any error appears in the posi-
tion, levels, dimensions or alignment of any part of the Works, the Contractor, shall, if the
Engineer so requires, at the Contractor's cost, rectify such error to the satisfaction of the
Engineer, unless such error is based on incorrect data supplied by the Engineer, in which
case the Public Body shall be responsible for the cost of rectification.
38.7.1.1.57 The checking of any setting-out or of any line or level by the Engineer shall not
in any way relieve the Contractor of his responsibility for the accuracy thereof and the
Contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other
items used in setting-out the Works.
43. Demolished Materials
38.7.1.1.58 Where the contract includes demolition work, materials and articles obtained
therefrom shall, unless the SCC and /or the law of the Federal Democratic Republic of
Ethiopia otherwise provide and subject to the provisions of GCC Clause 51, be the prop-
erty of the Contractor.
38.7.1.1.59 If the SCC reserve to the Public Body the right of ownership of materials or all
or part of the articles obtained from the demolition work, the Contractor shall take all the
necessary precautions to ensure that these are preserved. He shall be liable for any de-
struction of, or damage to, such materials or articles caused by him or his agents.
38.7.1.1.60 Irrespective of the use to which the Public Body intends to put the materials or
articles, in respect of which he reserves the right of ownership, all costs incurred in trans-
porting and storing them and all warehouse charges at the place indicated by the Engineer
shall be borne by the Contractor for any carriage not exceeding 100 meters.
38.7.1.1.61 Except where the SCC provide otherwise, the Contractor shall, at his expense,
49
progressively remove rubble and other demolition materials, rubbish and debris from the
Site.
44. Discoveries
38.7.1.1.62 Discoveries of any interest whatsoever made during excavation or demolition

work shall be brought immediately to the attention of the Engineer. The Engineer shall
decide how such discoveries are to be dealt with, taking due account of the law of the
Federal Democratic Republic of Ethiopia.
38.7.1.1.63 The Public Body reserves the right of ownership of materials found during the
excavation and demolition work carried out on land belonging to him, subject to compen-
sating the Contractor for any special efforts.
38.7.1.1.64 Artifacts, antiquities and natural, numismatic, or other objects which are of sci-
entific interest, and also rare objects or objects made of precious metals found during ex-
cavation or demolition work shall be the property of the Public Body.
38.7.1.1.65 In the event of disagreements, the Public Body shall have sole authority to de-
cide as to the qualifications set out in GCC Clauses 51.1 and 51.3.
45. Temporary Works
38.7.1.1.66 The Contractor shall carry out at his expense all the temporary works to enable
the Works to be carried out. He shall submit specification and drawings showing the pro-
posed temporary work to the Engineer, who is to approve them if they comply with the
specification and drawings. The Contractor shall take into account any observations made
to him by the Engineer while assuming responsibility for these drawings.
38.7.1.1.67 The Contractor shall be responsible for design of Temporary Works.
38.7.1.1.68 The Engineer’s approval shall not alter the Contractor’s responsibility for design
of the temporary works.
38.7.1.1.69 The Contractor shall obtain approval of third parties to the design of the tempo-
rary works, where required.
38.7.1.1.70 Where the design of particular temporary works is specified in the SCC to be the
responsibility of the Public Body, the Engineer shall provide the Contractor with all draw-
ings necessary in reasonable time to enable the Contractor to undertake the temporary
works in accordance with his program. In such cases, the Public Body shall be solely re-
sponsible for the safety and adequacy of the design. However, the Contractor shall be re-
sponsible for the proper construction.
46. Soil Studies
38.7.1.1.71 Subject to the SCC and to the technical specifications, the Contractor shall make
available to the Engineer, the personnel and equipment necessary for carrying out any soil
survey which the Engineer considers reasonably necessary. The Contractor shall be com-
50
pensated for the actual cost of the manpower and equipment used or made available in
such work, if not already provided for in the contract.
47. Overlapping Contracts
38.7.1.1.72 The Contractor shall, in accordance with the requirements of the Engineer, af-
ford all reasonable opportunities for carrying out their work to any other Contractors em-
ployed by the Public Body or any other public authorities who may be employed on or
near the Site in the execution of any work not included in the contract, or of any contract
which the Public Body may enter into in connection with, or ancillary to, the works.
38.7.1.1.73 If, however, the Contractor, on the written request of the Engineer, makes avail-
able to any such Contractor, or public authority, or to the Public Body, any roads or ways
for the maintenance of which the Contractor is responsible, or permits the use by any such
other persons of the Contractor's temporary works, scaffolding or other equipment on the
site, or provides any other service of whatsoever nature, which was not provided for in the
contract, the Public Body shall pay to the Contractor in respect of such use or service,
such sums and/or grant such extension of time, as shall, in the opinion of the Engineer, be
reasonable.
38.7.1.1.74 The Contractor shall not by reason of this Clause be relieved of any of his obli -
gations under the Contract nor shall he be entitled to any claims other than those provided
for in GCC Clause 54.2.
38.7.1.1.75 In no circumstances may difficulties arising with regard to one contract entitle
the Contractor to modify or delay implementation of other contracts. Similarly, the Public
Body may not take advantage of such difficulties to suspend payments due under another
contract.
48. Patents and Licenses
38.7.1.1.76 Except where otherwise provided in the SCC, the Contractor shall indemnify the
Public Body and the Engineer against any claim resulting from the use as specified in the
contract of patents, licenses, drawings, designs, models, or brand or trade marks, except
where such infringement results from compliance with the design or specification pro-
vided by the Public Body and /or the Engineer.
49. Accounting, Inspection and Auditing
38.7.1.1.77 The Contractor shall keep, and shall cause its Sub-Contractors to keep, accurate
and systemic accounts and records in respect of the Contract, in accordance with interna-
tionally accepted accounting principles and in such form and detail as will clearly identify
all relevant time charges and costs.
38.7.1.1.78 For the purpose of the examination and certification of the Public Body's ac-
counts; or any examination of the economy, efficiency and effectiveness with which the
Public Body has used its resources, the Federal Auditor General and the Public Procure-
51
ment and Property Administration Agency or its auditors may inspect all accounts and
records relating to the performance of the Contract and the submission of the Proposal to
provide the Works which are owned, held or otherwise within the control of the Contrac-
tor and may require the Contractor to produce such oral or written explanation as he con-
siders necessary. The Contractor acknowledges that it will fully cooperate with any
counter fraud policy or investigation carried out by authorized body at any time.
50. Data Protection
38.7.1.1.79 The Contractor shall comply with all applicable data protection legislation. In
particular the Contractor agrees:
To maintain appropriate technical and organizational security measures;
To only process Personal Data for and on behalf of the Public Body, in accordance
with the instructions of the Public Body and for the purpose of performing its
obligations under the Contract;
To allow the Public Body to audit the Contractor's compliance with the require-
ments of this Clause on reasonable notice and/or to provide the Public Body
with evidence of its compliance with the obligations set out in this Clause.
38.7.1.1.80 The Contractor agrees to indemnify and keep indemnified the Public Body
against all claims and proceedings and all liability, loss, costs and expenses incurred in
connection therewith by the Public Body as a result of any claim made or brought by any
individual or other legal person in respect of any loss, damage or distress caused to that
individual or other legal person as a result of the Contractor's unauthorized processing,
unlawful processing, destruction of and/or damage to any Personal Data processed by the
Contractor, its employees or agents in the Contractor's performance of the Contract or as
otherwise agreed between the Parties.
51. Performance Security
38.7.1.1.81 The Contractor shall, within fifteen (15) days from signing the contract, provide
a Performance Security for the due performance of the Contract in the amount specified in
the SCC.
38.7.1.1.82 Notwithstanding the provision of Sub-clause above a conditional insurance bond
shall be accepted as Performance Security.
38.7.1.1.83 The proceeds of the Performance Security shall be payable to the Public Body as
compensation for any loss resulting from the Contractor’s failure to complete its obliga-
tions under the Contract.
38.7.1.1.84 The Performance Security shall be denominated in currency specified in the
SCC, and shall be in the form of cash, cheque certified by a reputable bank, letter of
credit, or Bank Guarantee in the format specified in the SCC.
38.7.1.1.85 No payments shall be made in favor of the Contractor prior to the provision of
the Performance Security. The Performance Security shall continue to remain valid until
52
the contract has been fully and properly implemented.

38.7.1.1.86 During the performance of the contract, if the natural or legal person providing
the Performance Security is not able to abide by his commitments, the Performance Secu-
rity shall cease to be valid. The Public Body shall give formal notice to the Contractor to
provide a new Performance Security on the same terms as the previous one. Should the
Contractor fail to provide a new Performance Security the Public Body may terminate the
Contract.
38.7.1.1.87 The Public Body shall demand payment from the Performance Security of all
sums for which the guarantor is liable under the Performance Security due to the Contrac-
tor's default under the Contract, in accordance with the terms of the Performance Security
and up to the value thereof. The guarantor shall, without delay, pay those sums upon de -
mand from the Public Body and may not raise any objection for any reason whatsoever.
Prior to making any claim under the Performance Security, the Public Body shall notify
the Contractor stating the nature of the default in respect of which the claim is to be made.
38.7.1.1.88 The Performance Security shall be discharged by the Public Body and returned
to the Contractor not later than twenty-eight (28) days following the date of issuing of the
signed Final Statement of Account referred to in GCC Clause 65, for its total amount ex-
cept for amounts which are the subject of amicable settlement of disputes, unless speci-
fied otherwise in the SCC.
38.7.1.1.89 Notwithstanding the provision of GCC Sub-Clause 58.2 above, the Performance
Security may be returned to the Contractor where the Procurement Endorsing Committee
ascertains that the noncompliance of the Contractor does not affect the interest of, or en-
tail additional cost on the Public Body and is not due to the fault of the Contractor.
38.7.1.1.90 The Public Body shall be required to submit any document in its possession in
relation to a procurement in which it authorizes the return of the Performance Security to
the Contractor and account for its action under the preceding GCC Sub-Clause 58.9 of
this GCC to the Public Procurement and Property Administration Agency or other compe-
tent body if and when required to do so.
38.7.2 Payments to the Contractor
52. General Principles
38.7.2.1.1 Payments shall be made in currency as specified in the SCC. The SCC shall lay
down the administrative or technical conditions governing advance payments, interim
and/or final payments made in accordance with the GCC.
38.7.2.1.2 Payments due by the Public Body shall be made to the bank account mentioned
on the Bidder Certification of Compliance form completed by the Contractor.
38.7.2.1.3 Payments to the Contractor of the amounts due under each of the interim pay-
ment certificates and the final statement of account issued by the Engineer shall be made
by the Public Body within 90 days of such certificate of statement being delivered to the
Public Body. The date of payment shall be the date on which the paying institution's ac-
53
count is debited. The payment certificate shall not be admissible if one or more essential
requirements are not met.
38.7.2.1.4 Interim payment certificates or final statement of account must be accompanied
with copies of invoices and other appropriate supporting materials of the amounts
payable.
38.7.2.1.5 The Contractor's invoice shall be correctly rendered if:
The invoice is addressed to the Public Body's officer specified in the Contract to re-
ceive invoices and identifies the number of relevant Contract;
The invoice includes date of issuance and its serial number;
The amount claimed in the invoice is due for payment;
The amount specified in the invoice is correctly calculated in accordance with the
Contract;
The invoice includes the name and address of Contractor to whom payment is to be
sent;
The invoice includes the name, title, and phone number of person to notify in the
event of defective invoice;
The invoice includes Contractor's bank account information, and
The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle the Public Body's to delay payment until
such information is provided.
38.7.2.1.6 The period referred to in GCC Clause 59.3 may be suspended by notifying the
Contractor that the payment certificate or the final statement of accounts cannot be ful-
filled because the sum is not due, because appropriate substantiating documents have not
been provided or because there is evidence that the expenditure might not be eligible. In
the latter case, an inspection may be carried out on the spot for the purpose of further
checks. The Contractor shall provide clarifications, modifications or further information
within 30 days of being asked to do so. Within 30 days of receipt of the clarification, the
Engineer shall decide and issue if need be a revised payment certificate or a final state-
ment of account and the payment period shall continue to run from this date.
38.7.2.1.7 The Contractor undertakes to repay any amounts paid in excess of the final
amount due to the Public Body before the deadline indicated in the debit note which is 45
days from the issuing of that note.
38.7.2.1.8 Should the Contractor fail to make repayment within the deadline set by the Pub-
lic Body, the Public Body may (unless the Contractor is a government-owned enterprise)
increase the amounts due by adding interest at the rediscount rate applied by the National
bank of Ethiopia on the first day of the month in which the time-limit expired, plus three
and a half percentage points. The default interest shall be incurred over the time which
elapses between the date of the payment deadline set by the Public Body and the date on
which payment is actually made. Any partial payments shall first cover the interest thus
54
established.
38.7.2.1.9 Amounts to be repaid to the Public Body may be offset against amounts of any
kind due to the Contractor. This shall not affect the parties' right to agree on payment in
installments. Bank charges involved in the repayment of amounts due to the Public Body
shall be borne entirely by the Contractor.
53. Advance Payment
38.7.2.1.10 If the SCC so provide, advance payment shall be granted to the Contractor, at his
request, for operations connected with the implementation of the tasks, in the cases listed
hereinafter:
as a lump-sum advance enabling Contractor to meet expenditure resulting from the
commencement of the contract;
if Contractor affords proof of the conclusion of a contract for the purchase or order
of materials, plant, equipment, machines and tools, necessary for the execution
of the contract, and of any other substantial prior expenses such as the acquisi-
tion of patents or study costs.
38.7.2.1.11 The SCC shall state the amount of the advance payment which shall not exceed
30% of the total contract price.
38.7.2.1.12 No advance payment shall be granted until:
The conclusion of the Contract;
Provision to the Public Body by the procedure of the Performance Security in ac-
cordance with GCC Clause 58; and by
Provision to the Public Body by the Contractor of an advance payment security in
an amount equal to the advance payment they receive in the form of a certified
cheque or unconditional bank guarantee at their option from a reputable bank
or letter of guarantee written by a competent body organizing and overseeing
small and micro enterprises established under the relevant law.
38.7.2.1.13 Advance payment security shall remain effective until the advance payment has
been completely repaid by the Contractor out of interim payments under the contract.
38.7.2.1.14 The Contractor shall use the advance payment only to pay for Equipment, Plant,
Materials, and mobilization expenses required specifically for execution of the Contract.
The Contractor shall demonstrate that advance payment has been used in this way by sup-
plying copies of invoices or other documents to the Engineer. Should the Contractor mis-
use any portion of the advance payment, it shall become due and repayable immediately
and no further advance payments will be made to him.
38.7.2.1.15 Should the advance payment security cease to be valid and the Contractor fail to
re-validate it, either a deduction equal to the amount of the advance payment may be
made by the Public Body from future payments due to the Contractor under the contract,
or the Public Body may apply the provisions of GCC Clause 58.6.
55
38.7.2.1.16 If the contract is terminated for any reason whatsoever, the guarantees securing
the advance payment may be invoked forthwith in order to repay the balance of the ad-
vance payment still owed by the Contractor, and the guarantor shall not delay payment or
raise objection for any reason whatever.
38.7.2.1.17 The advance payment security provided for in this GCC Clause shall be released
as and when advance payment is repaid.
38.7.2.1.18 Further conditions and procedures for granting and repaying advance payment
shall be as laid down in the SCC.
54. Retention Monies
38.7.2.1.19 The sum which shall be retained from interim payments by way of guarantee to
meet the Contractor's obligations during the Defects Liability Period, and the detailed
rules governing that guarantee, shall be stipulated in the SCC, provided that it shall, in no
case, exceed 10% of the contract price.
38.7.2.1.20 Subject to the approval of the Public Body, the Contractor may, if he so wishes,
substitute, not later than the date fixed for the commencement of the works, these reten-
tion sums by a retention guarantee issued in accordance with GCC Clause 58.
38.7.2.1.21 The sum retained or the retention guarantee shall be released within 45 days of
the issuing of the signed final statement of account referred to in GCC Clause 65.
55. Price Adjustments
38.7.2.1.22 Adjustments of contract prices shall be allowed after twelve (12) months from
the effective date of the Contract where it is verified that the performance of the contract
requires more than 18 months.
38.7.2.1.23 Request for price adjustment in relation to a particular work items under this
Contract may be filed by the Contractor after twelve (12) months from the effective date
of the Contract where it is verified that the performance of the contract requires more than
18 months, which adjusted price takes effect as the new Contract Price in relation to that
work item on the expiration of 30 days from the date on which the Public Body receives
notification of that adjusted price from the Contractor, unless another date is agreed in
writing between the Parties.
38.7.2.1.24 All prices shall be firm unless the Contractor has provided claim for price adjust-
ment. The Contractor may invoke this provision at any time during the Contract by notice
in writing to the Engineer.
38.7.2.1.25 The Public Body can increase or decrease the Contract Price amount as de-
scribed by this Clause.
38.7.2.1.26 Price Adjustment shall be applicable as payable in full for the original scheduled
completion period.
56
38.7.2.1.27 In the event the completion of contract exceeds the original scheduled period:
In case of default on the part of the Contractor causing delay in original scheduled
completion, the rate of Price Adjustment will be frozen at the original sched-
uled date of completion; however Price Adjustment will be applicable till ac-
tual completion. While computing Price Adjustment beyond the scheduled
completion period, in the event the rate is reduced, then that reduced rate will
be applied.
The Price Adjustment will be payable in full for the extended period if the Contrac-
tor has been granted an extension of time for no fault on the part of the Con-
tractor, duly approved by the Public Body.
38.7.2.1.28 Unless specifically stated otherwise in the Contract, the basis for compensation
will be only those categories of inputs, which are specifically listed as specified items in
the SCC.
38.7.2.1.29 An adjustment of the Contract Price, depending of selected categories of contract
price, shall be limited to an amount which takes account of price indexes or price indica-
tors issued by Ethiopian Central Statistical Agency or Public Procurement and Property
Administration Agency.
38.7.2.1.30 Notwithstanding the provision of GCC Sub-Clause above, price information
available from a renowned local producer or competent foreign institution may be used in
case the Ethiopian Central Statistical Agency or Public Procurement and Property Admin-
istration Agency are not in a position to issue current price indexes,
38.7.2.1.31 Contractor shall submit to the Public Body for review and approval all calcula-
tions and supporting information necessary to determine the price adjustment.
38.7.2.1.32 Adjustments in compensation may be either plus or minus depending on the dif-
ferences between the Benchmark Price Index and the Monthly Price Index.
38.7.2.1.33 To determine the adjustment on each item any such price variation shall be cal-
culated in accordance with the following formula by applying the combination of above
said criteria:
[
PA = NV + A
( MLI−BLI )
BLI
+B
( MMI −BMI )
BMI
+C
( MEI−BEI )
BEI
+D
( MFI−BFI )
BFI
( BC ) Q ]
Where:
PA = The amount of the Price adjustment to be paid to, or recovered from, the
Contractor, in currency specified in SCC;
NV= The fraction which represents Non Variable element of the Contract Price that is
free of contract price adjustment, as specified in the Contractor's Bid;
A= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Average Labor Category Earnings Index;
MLI = The most recently available selected Average Labor Category Earnings Index on
the
57
date on which the Public Body received notification of the proposed increased
price from the Contractor;
BLI = Benchmark Average Labor Category Earnings Index applicable to the Works
either:
At the bid closing date, or

If the Contract Price has been adjusted previously, the date on which the
Public Body received notification from the Contractor in respect of the
last adjustment to effect the current Contract Price;
B= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Material Price Index
MMI = The most recently available selected Material Price Index on the date on which
the
Public Body received notification of the proposed increased price from the
Contractor;
BMI = Benchmark selected Material Price Index applicable to the Works either:
at the bid closing date, or
if the Contract Price has been adjusted previously, the date on which the
C= The fraction of the Contract Price subject to adjustment in accordance with
movements of the selected Equipment Price Index
MEI = The most recently available selected Equipment Price Index on the date on
which the
Public Body received notification of the proposed increased price from the
Contractor;
BEI = Benchmark selected Equipment Price Index applicable to the Works either:
at the bid closing date, or
if the Contract Price has been adjusted previously, the date on which the
D= The fraction of the Contract Price subject to adjustment in accordance with
movements of the Average Fuel Price Index
MFI = The most recently available Average Fuel Price Index on the date on which the
Public
Body received notification of the proposed increased price from the Contractor;
BFI = Benchmark Average Fuel Price Index applicable to the Works either:
(a) at the bid closing date, or
(b) if the Contract Price has been adjusted previously, the date on which the Pub-
lic Body received notification from the Contractor in respect of the last ad-
justment to effect the current Contract Price;
BC = Current Contract Price applicable to the Works
58
Q= Quantity;
And where:
(a) NV+A+B+C+D are equal to 1.00
38.7.2.1.34 The fraction for each specified element and exact combination of elements that
will be applied in the formula for price adjustment shall be determined in the SCC.
38.7.2.1.35 An increase in the Contract Price takes effect as the new Contract Price in rela-
tion to the selected category on the first day of the next Payment Period following receipt
of an application for increase provided the application is received no later than 14 days
prior to the commencement of that Payment Period.
38.7.2.1.36 An increase in the Contract Price takes effect as the new Contract Price in rela-
tion to the selected categories of inputs on the expiration of 30 days from the date on
which the Public Body receives notification of the increased price from the Contractor,
unless another date is agreed in writing between the Parties;
38.7.2.1.37 When the Contractor varies the Contract Price of a Product or Service it must
supply a copy of a revised Pricing Schedule which incorporates the proposed changes in
price and specifies the date on which the proposed variation in price is to take effect in ac-
cordance with GCC Sub-Clauses 62.14 and 62.15.
38.7.2.1.38 The Contractor shall, when it notifies or requests a price adjustment under GCC
Sub-Clause 62.12, provide to the Public Body such Document or other information as the
Contractor considers appropriate for the purpose of substantiating the requested price ad-
justment.
38.7.2.1.39 Where the Public Body questions a price increase notified or requested under
GCC Sub-Clause 62.12, and the Contractor is not able, on the basis of the information it
provided to the Public Body, to substantiate to the Public Body any, or a part of, the noti-
fied or requested price adjustment, the Contract Price shall be increased by only so much
as the Contractor is able to substantiate and:
(a) the substantiated increased Contract Price shall take effect as the new Con-
tract Price in relation to the Works as the case may be, on the date referred to
in GCC Sub-Clause 62.14 or 62.15 unless another date is agreed in writing be-
tween the Parties; and
(b) the Contractor shall, if it has not already done so, supply a suitably revised
Pricing Schedule in accordance with the requirements of GCC Sub-Clause
62.16.
38.7.2.1.40 Any discount offered by the Contractor under this Agreement cannot be reduced
during the Term of this Contract without the agreement in writing of the Public Body.
56. Valuation of Works
38.7.2.1.41 The following methods shall apply to the valuation of works:

For unit-price (admeasurement) contracts:
59
The amount due under the contract shall be calculated by applying the unit rates to
the quantities actually executed for the respective items, in accordance with the
Contract;
The quantities set out in the bill of quantities shall be the estimated quantities of
the works, which shall not be taken as the actual and correct quantities of the
works to be executed by the Contractor in fulfillment of his obligations under
the Contract;
The Engineer shall determine by measurement the actual quantities of the works
executed by the Contractor, and these shall be paid for in accordance with
GCC Clause 64. Unless otherwise provided in the SCC no additions shall be
made to the items in the bill of quantities except as a result of a modification in
accordance with GCC Clause 15 or another provision of the Contract entitling
the Contractor to additional payment;
The Engineer shall, when he requires any parts of the works to be measured, give
reasonable notice to the Contractor to attend, or to send a qualified agent to
represent him. The Contractor or his agent shall assist the Engineer in making
such measurements and shall furnish all particulars required by the Engineer.
Should the Contractor not attend, or omit to send such agent, the measurement
made by the Engineer or approved by him shall be binding on the Contractor;
For lump-sum contracts, the amount due under the Contract shall be determined on
the basis of the breakdown of the overall contract price, or on the basis of a
breakdown expressed as a percentage of the contract price corresponding to
completed stages of the works. Where items are accompanied by quantities,
these shall be firm quantities for which the Contractor has submitted his all-in
price, and shall be paid for irrespective of the quantities of work actually car-
ried out.
57. Interim Payment
38.7.2.1.42 Unless otherwise specified in the SCC, the Contractor shall submit monthly
statement for interim payment to the Engineer at the end of each period referred to in
GCC Clause 64.7 in a form approved by the Engineer. The monthly statement shall in-
clude the following items, as applicable:
The estimated contract value of the permanent works implemented up to the end of
the period in question;
An amount reflecting any price adjustment pursuant to GCC Clause 62;
An amount to be withheld as retention sum under GCC Clause 61;
Any credit and/or debit for the period in question in respect of plant and materials
on Site intended for, but not yet incorporated in, the permanent works in the
amount and under the conditions set out in GCC Clause 64.2;
An amount to be deducted on account of the advance payment repayment under the
provisions of GCC Clause 60; and
60
Any other sum to which the Contractor may be entitled under the Contract.
38.7.2.1.43 The Contractor shall be entitled to such sums as the Engineer may consider
proper in respect of plant and materials intended for, but not yet incorporated in, the per-
manent works provided that:
The plant and materials conform with the specifications for the permanent works
and are set out in batches in a way that they may be recognized by the Engi-
neer;
Such plant and materials have been delivered to the Site, and are properly stored
and protected against loss or damage or deterioration to the satisfaction of the
Engineer;
The Contractor's record of requirements, orders, receipts and use of plant and ma-
terials under the contract are kept in a form approved by the Engineer and
such records are available for inspection by the Engineer;
The Contractor submits with his statement, the estimated value of the plant and ma-
terials on Site together with such documents as may be required by the Engi-
neer for the purpose of valuation of the plant and materials and providing evi-
dence of ownership and payment therefore; and
Where the SCC so provide, ownership of the plant and materials referred to in
GCC Clause 83 shall be deemed to be vested in the Public Body.
38.7.2.1.44 Approval by the Engineer of any interim payment certified by him in respect of
plant and materials pursuant to this GCC Clause shall be without prejudice to the exercise
of any power of the Engineer under the Contract to reject any plant or materials which are
not in accordance with the provisions of the Contract.
38.7.2.1.45 The Contractor shall be responsible for any loss or damage to, and for the cost of
storing and handling of, such plant and materials on site and shall effect such additional
insurance as may be necessary to cover the risk of such loss or damage from any cause.
38.7.2.1.46 Within 30 days of receipt of the said statement for interim payment, it shall be
approved or amended in such manner that, in the Engineer's opinion, the application re-
flects the amount due to the Contractor in accordance with the Contract. In cases where
there is a difference of opinion as to the value of an item, the Engineer's view shall pre-
vail. On determination of the amount due to the Contractor, the Engineer shall, within the
same 30 days deadline, issue and transmit to the Public Body for payment and to the Con-
tractor for information, an Interim Payment Certificate for the amount due to the Contrac-
tor and shall inform the Contractor of the works for which payment is being made.
38.7.2.1.47 The Engineer may, by an Interim Payment Certificate, make any corrections or
modifications to any previous certificate issued by him and shall have power to modify
the valuation in or withhold the issue of, any Interim Payment Certificate if the works or
any part thereof is not being carried out to his satisfaction.
38.7.2.1.48 Unless the SCC provide otherwise, the frequency shall be one interim payment
per month.
61
58. Final Statement of Account
38.7.2.1.49 Unless otherwise agreed in the SCC, the Contractor shall not later than 90 days
after the issue of the Final Acceptance Certificate referred to in GCC Clause 89, submit to
the Engineer a draft final statement of account with supporting documents showing in de-
tail the value of the work done in accordance with the Contract, together with all further
sums which the Contractor considers to be due to him under the Contract in order to en-
able the Engineer to prepare the final statement of account.
38.7.2.1.50 Within 60 days after receipt of the draft final statement of account and of all in-
formation reasonably required for its verification, the Engineer shall prepare the final
statement of account, which determines:
The amount which in his opinion is finally due under the Contract; and
After establishing the amounts previously paid by the Public Body and all sums to
which the Public Body is entitled under the Contract, the balance, if any, due
from the Public Body to the Contractor, or from the Contractor to the Public
Body, as the case may be.
38.7.2.1.51 The Engineer shall issue to the Public Body or to its duly authorized representa-
tive, and to the Contractor, the final statement of account showing the final amount to
which the Contractor is entitled under the Contract. The Public Body or its duly autho-
rized representative and the Contractor shall sign the final statement of account as an ac-
knowledgement of the full and final value of the work implemented under the Contract
and shall promptly submit a signed copy to the Engineer. However, the final statement of
account shall not include amounts in dispute which are the subject of negotiations or ami-
cable settlement.
38.7.2.1.52 The final statement of account signed by the Contractor shall constitute a written
discharge of the Public Body confirming that the total in the final statement of account
represents full and final settlement of all monies due to the Contractor under the Contract,
other than those amounts which are the subject of amicable settlement. However, such
discharge shall become effective only after any payment due in accordance with the final
statement of account has been made and the performance security referred to in GCC
Clause 58 has been returned to the Contractor.
38.7.2.1.53 The Public Body shall not be liable to the Contractor for any matter or thing
whatsoever arising out of, or in accordance with, the Contract or execution of the works,
unless the Contractor shall have included a claim in respect thereof in his draft final state -
ment of account.
59. Direct Payments to Sub-Contractors
38.7.2.1.54 When the Engineer receives a claim from a Sub-Contractor duly approved under
GCC Clause 14 to the effect that the Contractor has not met his financial obligations so
far as the Sub-Contractor is concerned, the Engineer shall give notice to the Contractor ei-
ther to pay the Sub-Contractor or to inform him of the reasons why payment should not be
62
made. Should such payment not be made, or reasons not be given within the period of no -
tice, the Engineer may, after satisfying himself that the work has been carried out, certify,
and the Public Body shall meet the debt claimed by the Sub-Contractor out of the sums
remaining due to the Contractor. The Contractor shall remain entirely responsible for the
work in respect of which direct payment has been made.
38.7.2.1.55 If the Contractor gives adequate reasons for refusing to meet all or part of the
debt claimed by the Sub-Contractor, the Public Body shall only pay to the Sub-Contractor
such sums as are not in dispute. Sums claimed by the Sub-Contractor in respect of which
the Contractor has given adequate reasons for his refusal to pay shall be paid by the Pub-
lic Body only after the parties have come to an amicable settlement or after a judgment of
a court has been duly notified to the Engineer.
38.7.2.1.56 Direct payments to Sub-Contractors shall not exceed the value at contract prices
of the services performed by the Sub-Contractors for which they request payment; the
value at contract prices shall be calculated or assessed on the basis of the bill of quantities,
the price schedule or the breakdown of the lump sum price.
38.7.2.1.57 Direct payments to Sub-Contractors shall be made entirely in the currency speci-
fied in SCC Clause 59.1.
38.7.2.1.58 The provisions of this GCC Clause shall apply subject to the requirements of the
law applicable by virtue of GCC Clause 68 concerning the right to payment of creditors
who are beneficiaries of an assignment of credit or of a collateral security.
60. Delayed Payments
38.7.2.1.59 Once the time-limit referred to in GCC Clause 59.3 has expired, the Contractor –
unless the Contractor is a public body which is partly or wholly financed by the Federal
Government Budget – shall upon demand, submitted within two months of receiving late
payment, be entitled to late-payment interest at the rediscount rate applied by the National
bank of Ethiopia on the first day of the month in which the time-limit expired, plus three
and a half percentage points. The interest shall be payable for the time elapsed between
the expiry of the payment deadline and the date on which the Public Body’s account is
debited. .
38.7.2.1.60 Any default in payment of more than 120 days from the expiry of the period laid
down in GCC Clause 67.1 shall entitle the Contractor either not to perform the Contract
or to terminate it.
61. Payments to Third Parties
38.7.2.1.61 All orders for payments to third parties may be carried out only after an assign-
ment made in accordance with GCC Clause 13. The assignment shall be notified to the
Public Body.
38.7.2.1.62 Notification of beneficiaries of the assignment shall be the sole responsibility of
the Contractor.
63
38.7.2.1.63 In the event of a legally binding attachment of the property of the Contractor af-
fecting payments due to him under the contract, without prejudice to the time limit laid
down in GCC Clause 67, the Public Body shall have 30 days, starting from the day when
it receives notification of the definitive lifting of the obstacle to payment, to resume pay-
ments to the Contractor.
62. Claims for Additional Payment
38.7.2.1.64 If under the Contract there are circumstances which the Contractor considers en-
title him to additional payment, the Contractor shall:
if he intends to make any claim for additional payment, give to the Engineer notice
of his intention or make such claim within 15 days after the said circumstances
become known to the Contractor, stating the reason for his claim; and
submit full and detailed particulars of his claim as soon as it is reasonably practica-
ble, but no later than 60 days after the date of such notice, unless otherwise
agreed by the Engineer. In case the Engineer agrees to another deadline than
the said 60 days, the agreed upon deadline will in any event, require that such
particulars shall be submitted no later than the date of submission of the draft
final statement of account. The Contractor shall thereafter promptly submit
such further particulars as the Engineer may reasonably require assessing the
validity of the claim.
38.7.2.1.65 When the Engineer has received the full and detailed particulars of the Contrac-
tor's claim that he requires, he shall, without prejudice to GCC Clause 44.4, after due con-
sultation with the Public Body and, where appropriate, the Contractor, determine whether
the Contractor is entitled to additional payment and notify the parties accordingly.
38.7.2.1.66 The Engineer may reject any claim for additional payment which does not com-
ply with the requirements of this GCC Clause.
38.7.3 Performance of the Contract
63. Scope of Works
38.7.3.1.1 Subject to the SCC, the Works to be carried out shall be as specified in the Sec-
tion 6, Schedule of Requirements.
38.7.3.1.2 The Contractor shall construct and install the Works at sites and locations as are
specified in the SCC in accordance with the Specifications and Drawings or as agreed by
the Parties in writing.
64. Commencement of Works
38.7.3.1.3 The Public Body shall fix the Start Date on which execution of the Works is to
commence in the SCC or by administrative order issued by the Engineer.
38.7.3.1.4 The Start Date for commencing execution of the Works shall be not later than
64
120 days following notification of award of contract unless agreed otherwise by the par-
ties.
65. Period of Execution of Works
38.7.3.1.5 The period of execution of Works shall commence on the Start Date fixed in ac-
cordance with GCC Clause 71.1 and shall be as laid down in the SCC, without prejudice
to extensions of the period which may be granted under GCC Clause 73.
38.7.3.1.6 The Contractor shall carry out the Works in accordance with the Program of im-
plementation of tasks submitted by the Contractor, as updated with the approval of the
Engineer, and complete them by the Intended Completion Date.
38.7.3.1.7 If provision is made for distinct periods of implementation for separate lots, in
cases where one Contractor is awarded more than one lot per contract, the periods of im-
plementation for the separate lots will not be accumulated.
66. Extension of Intended Completion Date
38.7.3.1.8 The Contractor may request an extension of the Intended Completion Date if he
is or will be delayed in completing the contract by any of the following causes:
Exceptional weather conditions in the Federal Democratic Republic of Ethiopia;
Artificial obstructions or physical conditions which could not reasonably have been
foreseen by an experienced Contractor;
Compensation Event occurs or a change order for modification is issued which
makes it impossible for completion to be achieved by the Intended Completion
Date;
Administrative orders affecting the date of completion other than those arising from
the Contractor's default;
Failure of the Public Body to fulfill his obligations under the Contract;
Any suspension of the works which is not due to the Contractor's default;
Force majeure;
Any other causes referred to in these GCC which are not due to the Contractor's
default.
38.7.3.1.9 The Contractor shall, within 15 days of becoming aware that delay may occur,
notify the Engineer of his intention to make a request for extension of the Intended Com-
pletion Date to which he may consider himself entitled, and shall, unless otherwise agreed
between the Contractor and the Engineer, within 21 days from the notification deliver to
the Engineer full and detailed particulars of the request, in order that such request may be
investigated at the time.
38.7.3.1.10 Within 21 days from receipt of the Contractor's detailed particulars of the re-
quest, the Engineer shall, by written notice to the Contractor after due consultation with
the Public Body and, where appropriate, the Contractor, grant such extension of the In-
65
tended Completion Date as may be justified, either prospectively or retrospectively, or in-

form the Contractor that he is not entitled to an extension.
38.7.3.1.11 If the Contractor has failed to give early notification of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall not be considered in as -
sessing the new Intended Completion Date.
67. Compensation Events for Allowing Time Extension
38.7.3.1.12 The following shall be Compensation Events allowing for time extension:
The Public Body does not give access to a part of the Site by the Site Possession Date
stated in the Contractor’s approved work program;
The Public Body modifies the Schedule of other Contractors in a way that affects
the work of the Contractor under the Contract;
The Engineer orders a delay or does not issue Drawings, Specifications, or instruc-
tions required for execution of the Works on time;
The Engineer instructs the Contractor to uncover or to carry out additional tests
upon work, which is then found to have no Defects;
The Engineer unreasonably does not approve a subcontract to be let;
The Engineer gives an instruction for dealing with an unforeseen condition, caused
by the Public Body, or additional work required for safety or other reasons.
Other Contractors, public authorities, utilities, or the Public Body do not work
within the dates and other constraints stated in the Contract, and they cause
delay;
The advance payment is delayed;
The Engineer unreasonably delays issuing Interim Payment Certificates;
Other Compensation Events described in the SCC or determined by the Public
Body and force majeure.
38.7.3.1.13 If a Compensation Event would prevent the work being completed before the In-
tended Completion Date, the Intended Completion Date shall be extended. The Engineer
shall decide whether and by how much the Intended Completion Date shall be extended.
38.7.3.1.14 The Contractor shall not be entitled to compensation to the extent that the Public
Body’s interests are adversely affected by the Contractor not having given early warning.
68. Acceleration
38.7.3.1.15 When the Public Body wants the Contractor to finish before the Intended Com-
pletion Date, the Engineer will obtain priced proposals for achieving the necessary accel-
eration from the Contractor. If the Public Body accepts these proposals, the Intended
Completion Date will be adjusted accordingly and confirmed by both the Public Body and
the Contractor.
66
38.7.3.1.16 If the Contractor’s priced proposals for acceleration are accepted by the Public
Body, they are incorporated in the Contract Price and treated as a modification.
69. Management Meetings
38.7.3.1.17 Either the Engineer or the Contractor may require the other to attend a formal
management meeting, to discuss the Public Body's levels of satisfaction in respect of the
Works carried out under the Contract, to review the plans for remaining work, and to
agree any necessary action to address areas of dissatisfaction. The Contractor will not ob-
struct or withhold its agreement to any such necessary action. Such meetings shall be at-
tended by duly authorized and sufficiently senior employees of both the Public Body and
the Contractor together with any other relevant attendees. The Parties shall agree a stand-
ing agenda for such Reviews.
38.7.3.1.18 The Engineer shall record the business of management meetings and provide
copies of the record to those attending the meeting and to the Public Body. The responsi-
bility of the parties for actions to be taken shall be decided by the Engineer either at the
management meeting or after the management meeting and stated in writing to all who at-
tended the meeting.
70. Early Warning
38.7.3.1.19 The Contractor shall warn the Engineer at the earliest opportunity of specific
likely future events or circumstances that may adversely affect the quality of the work in-
crease the Contract Price or delay the execution of the Works. The Engineer may require
the Contractor to provide an estimate of the expected effect of the future event or circum-
stance on the Contract Price and Completion Date. The estimate shall be provided by the
Contractor as soon as reasonably possible.
38.7.3.1.20 The Contractor shall cooperate with the Engineer in making and considering pro-
posals for how the effect of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting instruction of the Engineer.
71. Delays in Implementation of Tasks
38.7.3.1.21 If the Contractor fails to complete the works within the time period(s) specified
in the Contract the Public Body shall, without formal notice and without prejudice to his
other remedies under the contract be entitled to liquidated damages for every day or part
thereof which shall elapse between the end of the period specified for implementation of
tasks or extended Intended Completion Date under GCC Clause 72 and the actual date of
completion, at the rate and up to the maximum amount specified in the GCC Clause 27. If
the works have been the subject of partial acceptance in accordance with GCC Clause 86,
the liquidated damages specified in the GCC Clause 27 may be reduced in the proportion
which the value of the accepted part bears to the value of the whole of the works.
38.7.3.1.22 If the Public Body has become entitled to the maximum claim under GCC
67
Clause 78.1 he may, after giving notice to the Contractor:

Seize the performance guarantee; and /or
Terminate the contract; and
Enter into a contract with a third party at the Contractor's cost for the provision of
the balance of the works.
72. Work Register
38.7.3.1.23 A work register shall, unless otherwise provided by the SCC, be kept on the site
by the Engineer, who shall enter in it at least the following information:
the weather conditions, interruptions of work owing to inclement weather, hours of
work, number and type of workmen employed on the site, materials supplied,
equipment in use, equipment not in working order, tests carried out, samples
dispatched, unforeseen circumstances, as well as orders given to the Contrac-
tor;
detailed statements of all the quantitative and qualitative elements of the work done
and the supplies delivered and used, capable of being checked on the Site and
relevant in calculating payments to be made to the Contractor.
38.7.3.1.24 The statements shall form an integral part of the work register but may, where
appropriate, be recorded in separate documents. The technical rules for drawing up the
statements shall be as set out in the SCC.
38.7.3.1.25 The Contractor shall ensure that statements are drawn up, in good time and in ac-
cordance with the SCC, in respect of work, services and supplies which cannot be mea-
sured or verified subsequently; failing this, he shall accept the decisions of the Engineer,
unless, at his own expense, he provides evidence to the contrary.
38.7.3.1.26 Entries made in the work register as work progresses shall be signed by the Engi-
neer and countersigned by the Contractor or his representative. If the Contractor objects,
he shall communicate his views to the Engineer within 15 days following the date on
which the entry or the statements objected to be recorded. Should Contractor fail to coun-
tersign or to submit his views within the period allowed, the Contractor shall be deemed
to agree with the notes shown in the register. The Contractor may examine the work regis-
ter at any time and may, without removing the document, make or receive a copy of en-
tries which he considers necessary for his own information.
38.7.3.1.27 The Contractor shall, on request, provide the Engineer with the information
needed to keep the work register in good order.
73. Origin and Quality of Works and Materials
38.7.3.1.28 All goods purchased under the contract shall have their origin in any eligible
source country as defined in the Section 5 of the Bidding Documents.
38.7.3.1.29 The works, components and materials shall conform to the specifications, draw-
68
ings, surveys, models, samples, patterns and other requirements in the SCC which shall be
held at the disposal of the Public Body or the Engineer for the purposes of identification
throughout the period of performance.
38.7.3.1.30 Any preliminary technical acceptance stipulated in the SCC shall be the subject
of a request sent by the Contractor to the Engineer. The request shall indicate the refer -
ence to the contract, the lot number and the place where such acceptance is to take place,
as appropriate. The components and materials specified in the request must be certified by
the Engineer as meeting the requirements for such acceptance prior to their incorporation
in the works.
38.7.3.1.31 Even if materials or items to be incorporated in the works or in the manufacture
of components have been technically accepted in this way, they may still be rejected and
must be replaced immediately by the Contractor if a further examination reveals defects
or faults. The Contractor may be given the opportunity to repair and make good materials
and items which have been rejected, but such materials and items will be accepted for in-
corporation in the works only if they have been repaired and made good to the satisfaction
of the Engineer.
74. Inspection and Testing
38.7.3.1.32 The Contractor shall ensure that the components and materials are delivered to
the site in time to allow the Engineer to proceed with acceptance of the components and
materials. The Contractor is deemed to have fully appreciated the difficulties which he
might encounter in this respect, and he shall not be permitted to advance any grounds for
delay in fulfilling his obligations.
38.7.3.1.33 The Engineer shall be entitled, either by himself or his agent, to inspect, exam-
ine, measure and test the components, materials and workmanship, and check the progress
of preparation, fabrication or manufacture of anything being prepared, fabricated or man-
ufactured for delivery under the contract in order to establish whether the components,
materials and workmanship are of the requisite quality and quantity. This shall take place
at the place of manufacture, fabrication, preparation or on the site or at such other places
as may be specified in the contract.
38.7.3.1.34 For the purposes of such tests and inspections, the Contractor shall:
provide to the Engineer, temporarily and free of charge, such assistance, test sam-
ples, parts, machines, equipment, tools or materials and labor as are normally
required for inspection and testing;
agree, with the Engineer, on the time and place for tests;
provide access for the Engineer at all reasonable times to the place where the tests
are to be carried out.
38.7.3.1.35 If the Engineer is not present on the date agreed for tests, the Contractor may,
unless otherwise instructed by the Engineer, proceed with the tests, which shall be
deemed to have been made in the Engineer's presence. The Contractor shall forthwith for-
69
ward duly certified copies of the test results to the Engineer, who shall, if he has not at-
tended the test, be bound by the test results.
38.7.3.1.36 When components and materials have passed the tests referred to in this GCC
Clause, the Engineer shall notify the Contractor or endorse the procedure's certificate to
that effect.
38.7.3.1.37 If the Engineer and the Contractor disagree on the test results, each shall give a
statement of his views to the other within 15 days after such disagreement arises. The En-
gineer or the Contractor may require such tests to be repeated on the same terms and con-
ditions or, if either party so requests, by an expert to be selected by common consent. All
test reports shall be submitted to the Engineer who shall communicate the results of these
tests without delay to the Contractor. The results of the re-testing shall be conclusive. The
cost of the re-testing shall be borne by the party whose views are proved wrong by the re-
testing.
38.7.3.1.38 In the performance of his duties, the Engineer and all persons authorized by him
shall disclose only to those persons who are entitled to know of it information which he
has obtained by reason of his inspection and testing of the methods of manufacture and
operation of the undertaking.
75. Rejection
38.7.3.1.39 Components and materials which are not of the specified quality shall be re-
jected. A special mark may be applied to the rejected components or materials. This shall
not be such as to alter them or affect their commercial value. Rejected components and
materials shall be removed by the Contractor from the site within a period which the En-
gineer shall specify, failing which they shall be removed by the Engineer as of right at the
expense and risk of the Contractor. Any work incorporating rejected components or mate-
rials shall be rejected.
38.7.3.1.40 The Engineer shall, during the progress of the works and before the works are
taken over, have the power to order or decide:
The removal from the Site, within such time limits as may be specified in the order,
of any components or materials which, in the opinion of the Engineer, are not
in accordance with the contract;
The substitution of proper and suitable components or materials; or
the demolition and proper re-execution, or satisfactory repair, notwithstanding any
previous test thereof or interim payment therefore, of any work which, in re-
spect of components, materials, workmanship or design by the Contractor for
which he is responsible, is not, in the opinion of the Engineer, in accordance
with the Contract.
38.7.3.1.41 The Engineer shall, as soon as reasonably practicable, give to the Contractor no-
tice in writing of his decision specifying particulars of the alleged defects.
38.7.3.1.42 The Contractor shall with all speed and at his expense make good the defects so
70
specified. If the Contractor does not comply with such order, the Public Body shall be en-
titled to employ other persons to carry out the same and all expenses consequent thereon
or incidental thereto may be deducted by the Public Body from any monies due or which
may become due to the Contractor.
38.7.3.1.43 The provisions of this GCC Clause shall not affect the right of the Public Body
to claim under GCC Clauses 19 and 78.
76. Ownership of Plant and Materials
38.7.3.1.44 All equipment, temporary works, plant and materials provided by the Contractor
shall, when brought on the Site, be deemed to be exclusively intended for the execution of
the works and the Contractor shall not remove the same or any part thereof, except for the
purpose of moving it from one part of the site to another, without the consent of the Engi-
neer. Such consent shall, however, not be required for vehicles engaged in transporting
any staff, labor, equipment, temporary works, plant or materials to or from the Site.
38.7.3.1.45 The SCC may provide that all equipment, temporary works, plant and materials
on Site owned by the Contractor or by any company in which the Contractor has a con-
trolling interest shall, for the duration of the execution of the works, be:
Vested in the Public Body; or
Made subject to a lien in favor of the Public Body; or
Made subject to any other arrangement regarding priority interest or security.
38.7.3.1.46 In the event of termination of the contract in accordance with GCC Clause 21
due to the Contractor's breach of Contract, the Public Body shall be entitled to use the
equipment, temporary works, plant and materials on Site in order to complete the works.
38.7.3.1.47 Any agreement for the hire by the Contractor of equipment, temporary works,
plant and materials brought onto the Site, shall contain a provision that on request in writ-
ing made by the Public Body within 7 days after the date on which the termination under
GCC Clause 21 becomes effective, and on the Public Body undertaking to pay all hire
charges in respect thereof from such date, the owner thereof will hire such equipment,
temporary works, plant or materials to the Public Body on the same terms as they were
hired by the Contractor, except that the Public Body shall be entitled to permit the use
thereof by any other Contractor employed by him for completing the works under the pro-
visions of GCC Clause 21.5.
38.7.3.1.48 Upon termination of the contract before completion of the works, the Contractor
shall deliver to the Public Body any plant, temporary works, equipment or materials the
property in which has vested in the Public Body or been made subject to a lien by virtue
of GCC Clause 83.2. If he fails to do so, the Public Body may take such appropriate ac-
tion as it deems fit in order to obtain possession of such plant, temporary works, equip-
ment and materials and recover the cost of so doing from the Contractor.
38.7.4 Acceptance and Defects Liability
71
77. General Principles
38.7.4.1.1 Verification of the works by the Engineer with a view to provisional or final ac-
ceptance shall take place in the presence of the Contractor. The absence of the Contractor
shall not be a bar to verification on condition that the Contractor has been summoned in
due form at least 30 days prior to the date of verification.
38.7.4.1.2 Should exceptional circumstances make it impossible to ascertain the state of the
works or otherwise proceed with their acceptance during the period fixed for provisional
or final acceptance, a statement certifying such impossibility shall be drawn up by the En-
gineer after consultation, where possible, with the Contractor.The verification shall take
place and a statement of acceptance or rejection shall be drawn up by the Engineer within
30 days following the date on which such impossibility ceases to exist. The Contractor
shall not invoke these circumstances in order to avoid his obligation to present the works
in a state suitable for acceptance.
78. Tests on Completion
38.7.4.1.3 The works shall not be accepted until the prescribed verifications and tests have
been carried out at the expense of the Contractor. The Contractor shall notify the Engineer
of the date on which such verification and tests may commence.
38.7.4.1.4 Works which do not satisfy the terms and conditions of the Contract, or in the
absence of such terms and conditions, which are not carried out in accordance with trade
practices in the Federal Democratic Republic of Ethiopia, shall, if required, be demolished
and rebuilt by the Contractor or repaired to the satisfaction of the Engineer, otherwise this
shall be done as of right after due notice at the expense of the Contractor, by order of the
Engineer. The Engineer may also require the demolition and reconstruction by the Con-
tractor, or repair to the satisfaction of the Engineer, under the same conditions of work, in
which unacceptable materials have been used, or carried out in the periods of suspension
provided for in GCC Clause 20.
79. Partial Acceptance
38.7.4.1.5 The Public Body may make use of the various structures, parts of structures or
sections of the works forming part of the contract as and when they are completed. Any
taking over of the structures, parts of structures or sections of the works by the Public
Body shall be preceded by their partial provisional acceptance. However, works may in
cases of urgency be taken over prior to acceptance provided an inventory of outstanding
work is drawn up by the Engineer and agreed to by the Contractor and the Engineer be-
forehand. Once the Public Body has taken possession of a structure, a part thereof or sec-
tion of the works, the Contractor shall no longer be required to make good any damage re-
sulting otherwise than from faulty construction or workmanship.
38.7.4.1.6 The Engineer may, at the request of the Contractor and if the nature of the works
so permits proceeds with partial provisional acceptance, provided that the structures, parts
72
of structures or sections of the works are completed and suited to the use as described in
the Contract.
38.7.4.1.7 In the cases of partial provisional acceptance referred to in GCC Sub-Clauses
86.1 and 86.2 the Defects Liability Period provided for in GCC Clause 88 shall, unless the
SCC provide otherwise, run as from the date of such partial provisional acceptance.
80. Provisional Acceptance
38.7.4.1.8 The works shall be taken over by the Public Body when they have satisfactorily
passed the tests on completion and a certificate of provisional acceptance has been issued
or is deemed to have been issued.
38.7.4.1.9 The Contractor may apply, by notice to the Engineer, for a certificate of provi-
sional acceptance not earlier than 15 days before the works, in the Contractor's opinion,
are complete and ready for provisional acceptance. The Engineer shall within 30 days af-
ter the receipt of the Contractor's application either:
issue the certificate of provisional acceptance to the Contractor with a copy to the
Public Body stating, where appropriate, his reservations, and, inter alia, the
date on which, in his opinion, the works were completed in accordance with the
Contract and ready for provisional acceptance; or
reject the application giving his reasons and specifying the action which, in his opin-
ion, is required of the Contractor for the certificate to be issued.
38.7.4.1.10 If the Engineer fails either to issue the certificate of provisional acceptance or to
reject the Contractor's application within the period of 30 days, he shall be deemed to
have issued the certificate on the last day of that period. The certificate of provisional ac-
ceptance shall not be deemed to be an admission that the works have been completed in
every respect. If the works are divided by the contract into sections, the Contractor shall
be entitled to apply for separate certificates for each of the sections.
38.7.4.1.11 Upon provisional acceptance of the works, the Contractor shall dismantle and re-
move temporary structures as well as materials no longer required for use in connection
with the performance of the contract. He shall also remove any litter or obstruction and
redress any change in the condition of the Site as required by the contract.
38.7.4.1.12 Immediately after provisional acceptance, the Public Body may make use of all
the works as completed.
81. Defects Liability
38.7.4.1.13 The Contractor shall be responsible for making good any defect in, or damage to,
any part of the works which may appear or occur during the Defects Liability Period and
which arises either from:
The use of defective plant or materials or faulty workmanship or design of the Con-
tractor; and/or
73
Any act or omission of the Contractor during the Defects Liability Period.
38.7.4.1.14 The Contractor shall at his own cost make good the defect or damage as soon as
practicable. The Defects Liability Period for all items replaced or renewed shall recom-
mence from the date when the replacement or renewal was made to the satisfaction of the
Engineer. If the contract provides for partial acceptance, the Defects Liability Period shall
be extended only for the part of the works affected by the replacement or renewal.
38.7.4.1.15 If any such defect appears or such damage occurs, during the period referred to
in GCC Clause 88.1, the Public Body or the Engineer shall notify the Contractor. If the
Contractor fails to remedy a defect or damage within the time limit stipulated in the notifi-
cation, the Public Body may:
carry out the works himself, or employ someone else to carry out the works, at the
Contractor's risk and cost, in which case the costs incurred by the Public Body
shall be deducted from monies due to or from securities held against the Con-
tractor or from both; or
terminate the Contract.
38.7.4.1.16 If the defect or damage is such that the Public Body has been deprived substan-
tially of the whole or a part of the benefit of the works, the Public Body shall, without
prejudice to any other remedy, be entitled to recover all sums paid in respect of the parts
of the works concerned together with the cost of dismantling such parts and clearing the
Site.
38.7.4.1.17 In case of emergency, where the Contractor cannot be reached immediately or,
having been reached, is unable to take the measures required, the Public Body or the En-
gineer may have the work carried out at the expense of the Contractor. The Public Body
or the Engineer shall as soon as practicable inform the Contractor of the action taken.
38.7.4.1.18 Where the SCC stipulates that the maintenance work, necessitated by normal
wear and tear, shall be carried out by the Contractor, such work shall be paid for from a
provisional sum. Deterioration resulting from the circumstances provided for in GCC
Clause 44 or from abnormal use shall be excluded from this obligation unless it reveals a
fault or defect justifying the request for repair or replacement under GCC Clause 88.
38.7.4.1.19 The defects liability shall be stipulated in the SCC. If the duration of the Defects
Liability Period is not specified, it shall be 365 days. The Defects Liability Period shall
commence on the date of provisional acceptance.
38.7.4.1.20 After provisional acceptance and without prejudice to the defects liability re-
ferred to in this GCC Clause, the Contractor shall no longer be responsible for risks which
may affect the works and which result from causes not attributable to him. However, the
Contractor shall be responsible as from the date of provisional acceptance for the sound-
ness of the construction, as laid down in the in the Ethiopian law.
82. Final Acceptance
89.1 Upon the expiry of the Defects Liability Period, or where there is more than one such period, upon
74
the expiry of the latest period, and when all defects or damage have been rectified, the Engineer shall
issue to the Contractor a Final Acceptance Certificate and a copy thereof to the Public Body stating
the date on which the Contractor completed his obligations under the Contract to the Engineer's sat -
isfaction. The Final Acceptance Certificate shall be given by the Engineer within 30 days after the
expiration of the above stated period, or as soon as any works ordered under GCC Clause 88 have
been completed to the satisfaction of the Engineer.
89.2 The works shall not be considered as completed until the Final Acceptance Certificate has been
signed by the Engineer and delivered to the Public Body, with a copy to the Contractor.
89.3 Notwithstanding the issue of the Final Acceptance Certificate, the Contractor and the Public Body
shall remain liable for the fulfillment of any obligation incurred under the contract prior to the issue
of the Final Acceptance Certificate, which remains unperformed at the time such Final Acceptance
Certificate is issued. The nature and extent of any such obligation shall be determined by reference to
the provisions of the contract.
89.4 Upon the expiry of the Defects Liability Period, or where there is more than one such
period, upon the expiry of the latest period, and when all defects or damage have been recti -
fied, the Engineer shall issue to the Contractor a Final Acceptance Certificate and a copy
thereof to the Public Body stating the date on which the Contractor completed his obliga-
tions under the Contract to the Engineer's satisfaction. The Final Acceptance Certificate
shall be given by the Engineer within 30 days after the expiration of the above stated period,
or as soon as any works ordered under GCC Clause 88 have been completed to the satisfac-
tion of the Engineer.
89.5 The works shall not be considered as completed until the Final Acceptance Certificate
has been signed by the Engineer and delivered to the Public Body, with a copy to the
Contractor.
89.6 Notwithstanding the issue of the Final Acceptance Certificate, the Contractor and the
Public Body shall remain liable for the fulfillment of any obligation incurred under the
contract prior to the issue of the Final Acceptance Certificate, which remains unper-
formed at the time such Final Acceptance Certificate is issued. The nature and extent of
any such obligation shall be determined by reference to the provisions of the contract.
75
A. Form of Agreement
AGREEMENT
This Agreement is made and entered into as effective on 22 jan 2023 between Awaday Town
Municipality of mailing address:
Awaday Town Municipality
P.O.Box_________
Tel. _____________
Awaday
Ethiopia
(Hereinafter called “THE EMPLOYER”) of the one part and (ABDI DEREJE GENERAL
CONTRACTOR) of (…. Mailing Address of Contractor...) (Hereinafter called “THE CONTRACTOR”)
of the other part.
Whereas the Employer is desirous that certain works should be executed, viz. (….Brief Description of
Works…) and has, by Letter of Acceptance dated (............ Date of Letter of Acceptance….) accepted a
bid by the Contractor for the Agreement witnesses as follows:
General Provision
In this Agreement words and expressions shall have the same meanings as are respectively assigned to
them in the General Conditions of Contract, Conditions of Particular Application hereinafter referred
to.
The aforesaid documents shall be taken as complementary and mutually explanatory of one another,
but in the case of ambiguities or discrepancies shall take precedence in the order set out herein below.
In consideration of the payment to be made by the Employer to the Contractor as hereinafter
mentioned herein below, the Contractor hereby covenants with the Employer to execute, complete and
maintain the works in conformity in all respects with the provision of the Contract.
The Contract Documents
The following documents shall be deemed to form, be read and construed as part of this Contract
Agreement namely, the
a) the Contract Agreement ;
b) the Letter of Acceptance and its annexes;
c) Addendum, the Bid and the Appendix to Bid;
d) the Special Conditions of Contract ( Part II);
e) the General Conditions of Contract, (Part I);
f) Special Provisions to Technical Specifications;
g) ERA’s Standard Technical Specifications 2013;
h) the Drawings;
i) the priced Bills of Quantities, and form of Weightings and Indices of
the Contractor’s Bid and
j) Other documents as listed in the Appendix to Bid.
Agreement Consideration
The Employer hereby covenants to pay the Contractor in consideration of the execution and completion
of the Works and the remedying of defects therein (….Contract Price in figures and words…) such
other sum as may become payable under the provisions of the Contract.
In witness whereof, the parties hereto have caused their respective common seals to be hereunto affixed
and have hereunto set their respective hands and seals the day and year first above written.
76
For and on behalf of Awaday Town Municipality
[Authorized Representative]
In the Presence of In the Presence of
Name __________________ Name __________________
In the Capacity of __________________ In the Capacity of __________________
Signature __________________ Signature __________________
For and on behalf of (Name of the Contractor)
________________________________________________
[Authorized Representative]
In the Presence of In the Presence of
Name __________________ Name __________________
In the Capacity of __________________ In the Capacity of __________________
Signature __________________ Signature __________________
77
B. PERFORMANCE (BANK) GUARANTEE

To: The Director General
P.O.Box ___________
Tel. ______________
Awaday, Ethiopia
WHEREAS [name and address of contractor] (herein after called “the contractor”) has
undertaken, in pursuance of contract No. ____ dated ________to construct --- AWEDAY
ASPHALT ROAD [Insert Name of the Project] (Hereinafter called “the Contract”);
AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall
furnish you with a (Bank/Insurance) Guarantee by a recognized (Bank/Insurance) for the sum
specified therein as security for compliance with his obligation in accordance with Contract;
AND WEHERAS we have agreed to give contractor such a (Bank/Insurance) Guarantee;
NOW THERFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the contractor, up to a total of [amount of Guarantee],[amount in words], such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of [amount of guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to other modification of the terms of the contract or
the works to be performed hereunder or any of the contract documents which may be made
between you and the Contractor 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 be valid until a date 28 days from the date of issue of the taking-over
Certificate.
SIGNATURE AND SEAL OF THE GUARANTOR

Name of (Bank/Insurance): ______________________________
Address: ______________________________
Date: ______________________________
SBD-Works (NCB) - Prepared by the FPPA (Version 1, August 2011)

Document: Contract Forms Page 78 of 15 Issued by:
C. PERFORMANCE INSURANCE GUARANTEE

(Conditional)
(For local firms)
To: The Director General

P.O.Box _________
Tel. _____________
Awaday, Ethiopia
THIS AGREEMENT is made on the day of ____________20

between [name of insurance] of
[address of insurance] (hereinafter called “the Guarantor”) of the one part and [name of Employer] of
[address of Employer] (hereinafter called “the Employer”) of the other part.
WHEREAS
(1) this Agreement is supplemental to a contract (hereinafter called the “Contract”) made
between [name of Contractor] of [address of Contractor] (hereinafter called “the
Contractor”) of the one part and the Employer of the other part whereby the Contractor
agreed and undertook to execute the Works of [name of Contract and brief description of
the Works] for the sum of [amount in Contract currency] being the Contract Price; and
(2) the Guarantor has agreed to guarantee the due performance of the Contract in the manner
hereinafter appearing.
NOW, THEREFORE, the Guarantor hereby agrees with the Employer as follows:
(a) If the Contractor (unless relieved from the performance by any clause of the Contract or
by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect
fail to execute the Contract or commit any breach of his obligations there under, then the
Guarantor will indemnify and pay the Employer the sum of [amount of Guarantee],
[amount in words], such sum being payable in the types and proportions of currencies in
which the Contract Price is payable, provided that the Employer or his authorized
representative has notified the Guarantor to that effect and has made a claim against the
Guarantor before a date 28 days after the issue date of the Taking-Over Certificate.
(b) The Guarantor shall not be discharged or released from his guarantee by an arrangement
between the Contractor and the Employer, with or without the consent of the Guarantor,

or by any alteration in the obligations undertaken by the Contractor, or by any

forbearance on the part of the Contractor, whether as to the payment, time, performance,
or otherwise, and any notice to the Guarantor of any such arrangement, alteration, or
forbearance is hereby expressly waived.
This Guarantee shall be valid until a date 28 days from the date of issue of the Taking-Over Certificate.
Given under our hand on the date first mentioned above.
SIGNED BY
for and on behalf of the Guarantor in the presence of:
(Witness)
SIGNED BY
For and on behalf of the Employer in the presence of:
(Witness)

D. BANK GUARANTEE FOR ADVANCE PAYMENT

(Unconditional)
TO: The Director General
P.O.Box ________
Tel. ____________
Awaday, Ethiopia
Name of Contract:
---------------------------------------------------------------------------------------------------
In accordance with the provision of the Conditions of Contract, Sub-clause 60 (7)
(“Advance Payment”) of the above mentioned Contract, [name and address of
contractor] hereinafter called Contractor’) shall deposit with Awaday Town
Municipality a bank/Insurance guarantee to guarantee his/her proper and faithful
performance under the said clause of the contract in an amount of [amount of
guarantee], [amount in words]..
We, the [Bank/, Insurance Company], as instructed by the Contractor, agree

unconditionally and irrevocably to guarantee as primary obligator and not as Surety
merely, the payment to Awaday Town Municipality on his first demand without
whatsoever right of objection on our part and without his first claim to the Contractor,
in the amount not exceeding [amount of Guarantee], [amount in words], such amount
to be reduced periodically by the amounts recovered by you from the proceeds of the
Contract.
We further agree that no change or addition to or other modification of the terms of

the Contract or of Works to be performed there under or of any of the Contract
Documents which may be made between Awaday Town Municipality and the
Contractor, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition, or modification.
No drawing may be made by you under this guarantee until we have received notice
in writing from you that Advance Payment of the amount listed above has been paid
to the Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the Advance
Payment under the Contract until Awaday Town Municipality receives full repayment
of the same amount from the Contractor or until the contract completion time
whichever comes earlier.
Yours truly,
SIGNATURE AND SEAL:

Name of Bank/Insurance Company:________________________
Address: ____________________________
Date:___________________

E. Insurance Guarantee for Advance Payment

(Conditional)
(For local firms)
TO: The Director General
P.O.Box _________
Tel. _____________
Awaday, Ethiopia
In accordance with the provision of the Conditions of Contract, Sub-clause 60 (8)
(“Advance Payment”) of the above mentioned Contract, [name and address of contractor]
hereinafter called Contractor’) shall deposit with Awaday Town Municipality a
bank/Insurance guarantee to guarantee his/her proper and faithful performance under the
said clause of the contract in an amount of [amount of guarantee],[amount in words].
We, the [Insurance Company], as instructed by the Contractor, agree conditionally to
guarantee as primary obligator and not as Surety merely, the payment to the Awaday
Town Municipality on his demand in the amount not exceeding [amount of Guarantee],
[amount in words], such amount to be reduced periodically by the amounts recovered by
you from the proceeds of the Contract.
THE CONDITIONS of this obligation is:
If the contractor spent any portion of the advance payment for any purpose other than for
the project.
We further agree that no change or addition to or other modification of the terms of the
Contract or of Works to be performed there under or of any of the Contract documents
which may be made between the Awaday Town Municipality and the Contractor, shall in
any way release us from any liability under this guarantee, and we hereby waive notice of
any such change, addition, or modification.
No drawing may be made by you under this guarantee until we have received notice in
writing from you that an advance payment of the amount listed above has been paid to
the Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until Awaday Town Municipality receives full repayment of the same
amount from the Contractor.
Yours truly,
SIGNATURE AND SEA:____________________________
Name of Bank or Financial Institution: ________________________

Address :____________________________
Date: ____________________________

Section VII: Form of Bid

Name of Contract: Construction of Awaday Town Asphalt Road Project
To: Awaday Town Municipality

P.O.Box_______
Awaday
Ethiopia
Gentlemen:
1. In accordance with the Conditions of Contract, Specification, Drawings, and Bill

of Quantities and Addenda Nos. [Insert Addenda Nos.] for the execution of the
above-named Works we, the undersigned, offer to construct and install such
Works and remedy any defects therein in conformity with the Conditions of
Contract, Specifications, Drawings, Bill of Quantities, and Addenda for the sum
of [insert amounts in numbers and words][as specified in the Appendix to Bid or
such other sums as may be ascertained in accordance with the conditions].
2. We acknowledge that the Appendix forms part of our Bid.
3. We undertake, if our Bid is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Engineer’s notice to commence but
not later than the date specified in the Appendix to Bid, and to complete the
whole of the Works comprised in the Contract within the time stated in the
Appendix to Bid.
4. We agree to abide by this Bid until the date 90 days from date of bid submission
specified in the Bidding Data and it shall remain binding upon us and may be
accepted at any time before that date.
5. Unless and until a formal Agreement is prepared and executed, this Bid, together
with your written acceptance thereof, shall constitute a binding Contract between
us.
6. We understand that you are not bound to accept the lowest or any bid you may
receive.
7. We certify/confirm that we comply with the eligibility requirements as per ITB

Clause 4 of the bidding documents.
8. Commissions or gratuities, if any, paid or to be paid by us to agents

relating to this Bid, and to Contract execution if we are awarded the
Contract, are listed below:

Name and address Amount and Purpose of
of agent currency commission or gratuity
9. (if none, state “none”) We

hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf will engage in bribery.
Dated this day of 20
Signature in the capacity of

duly authorized to sign bids for and on behalf of
[in block capitals or typed]
Address:
Witness:
Address:
Occupation

Awaday Town Asphalt Road Project
1.1 Appendix to Bid

Bidders should fill in all the appropriate blank spaces. Bidders are required to sign each page of the
Appendix to Bid.
Conditions of Contract Sub-Clause
Definitions 1.1 (dd) The Public Body is Awaday Town Municipality
1.2 (n) The Engineer is (to be notified later).
Contract 7.1 (i) The other documents forming part of the contract document are:
Documents  Anti-Bribery Pledge Form,
 Performance Guarantee,
 Forms Advance Payment Guarantee, Forms of Advance
Payment Disbursement Agreement and Advance
Payment Disbursement Schedule,
 Power of attorney,
 Eligible Countries, and
 Minutes of Pre-bid Meeting/clarifications to bidder’s
queries (if any).
Law 8.1 The law in force is that of the Federal Democratic Republic of
Ethiopia
Language 9.1 The language is English
Amount of 27.1(a) 0.1% of the final Contract price per day or 0.1% of the value of
Liquidated the remaining works per day (i.e. value of remaining works
Damages equals final Contract price less the value of the completed
sections already handed over to the Employer).
Language Ability of 39.10 English

Contractor’s
Representative
Language Ability of 37.11 English

supervisory Staff
Minimum Amount 40.1 ETB 3,000,000.00 per occurrence, with the number of
of Third-Party occurrences unlimited
Insurance
Program to Be 41.1 Within 14 (Fourteen) days of receipt of the Letter of Acceptance.

Submitted
Cash Flow Estimate 41.7 Within 28 (Twenty Eight) days of receipt of the Letter of
Acceptance.
Bidding Documents Section 6: Part 2 – Particular Specifications

Performance 58.1 The performance security will be in the form of bank/insurance

Security guarantee in the amount of ten (10) percent of the Contract price.
Performance Security in the form of Conditional/Insurance Bond
is allowed to local contractors only.
Maximum Amount 60.2 Maximum amount of advance payment shall be 30% (thrity
of Advance percent) of the contract price less contingency, provisional sum,
Payment and day works payable in the currencies and proportions in which
the Accepted Contract Amount is payable.
a) The Contractor shall sign advance payment disbursement
agreement and submit detail of advance payment
disbursement schedule.
b) The Employer will pay 50% (fifty percent) of the advance
payment, in a maximum of five installments.
c) The Employer will pay the remaining 50% (fifty percent)
of the advance payment in cash in four installments.
Advance Payment 60.2 The advance payment guarantee will be in the form of
Guarantee conditional/unconditional guarantee in amount equal to the
advance payment including VAT. Conditional guarantee is
allowed for local bidders only.
Start Repayment of 60.9 After certification of 30 (thirty) percent of the Contract Price less
Advance Payment contingencies, specified provisional sum and day works.
Monthly Recovery 60.9 40 (forty) percent of the amount of monthly Interim Payment
of Advance Certificates.
Payment
Full Recovery of 60.9 The advance payment shall be completely repaid prior to the time
Advance Payment when 80% of the Contract price has been certified for payment.
Retention Money 61.1 5 (five) percent of Interim Payment Certificates, up to a

maximum of 5(five) percent of the Contract Price plus the value
of variations ascertained in accordance with Clause 15.
Retention money may be replaced by unconditional Bank
Guarantee of an equal amount.
Monthly Statements 64.1 Number of copies:- 6 (six )
Origin of Materials 64.2 See Sub-clause 62.8

and Plant
To be filled in by the Bidder
Minimum Amount 64.5 ETB 2,000,000 ( ETB Two Million)

of Interim Payment

Certificates
Number of Copies 64.1 6 (six).

of monthly 65.5
Statement and
statements of
Completion and
Final Statement
Final Statement 65.5 Number of copies 6 (six)
Time for Issue of 71.1 Within 30 (Thirty) days of receipt of the Letter of Acceptance.
the Notice to
Commence
Time for 72.1 365 calendar days not including 90 calendar days of right of way
Completion (RoW) clearance period.
Signature of the Bidder:____________________________

SECTION II B
ERA STANDARD TECHNICAL SPECIFICATION
PART I - STANDARD TECHNICAL SPECIFICATIONS AND METHOD OF

MEASUREMENT
The Standard Specifications applicable to this project will be the STANDARD TECHNICAL SPEC-
IFICATIONS AND METHODS OF MEASUREMENT FOR ROAD WORKS 2013 edition pub-
lished by the Ethiopian Roads Authority.
Bidders are obliged to obtain copies of the document from the offices of the Ethiopian Roads Au-
thorit
Bidding Documents Section 6: Part 1– Standard Technical specifications

PREAMBLE
These Special provisions shall be read in conjunction with the Standard Technical specifications or the
Ethiopian Roads Authority Standard Technical Specifications and Methods of Measurement for Road works
2013 and wherever there is a discrepancy, this Special provision shall prevail.
The special provisions are to supplement the Standard Technical Specification and Method of Measurement and
shall amend, delete, add and/or make explicit the stipulation of the Standard Technical Specifications and
Method of Measurement. Divisions and Clauses in Special Provisions carry the number of the Division and
Clauses in the Standard Technical Specifications and Methods of Measurement for Road works 2013.
Where any Clause, Sub-clause, paragraph, or sub paragraph in the Standard Technical Specification is supple -
mented by one of the following paragraphs, the provision of such clauses, sub clauses, paragraph, or sub para-
graph shall remain in effect and the supplemental provision shall be considered as added thereto. Where any
clause, sub clause, paragraph, or sub paragraph in the standard Technical specifications is amended, deleted or
suspended by any of the following paragraphs; the provisions of such clause, sub clause, paragraph or subpara-
graph not so amended deleted or superseded shall remain in effect.
Should there be any conflict or inconsistency between the Special Provisions and the Standard Technical
Specification, the Special Provisions shall take precedence.

TABLE OF CONTENTS
SERIES 1000: GENERAL...................................................................................................................................6
DIVISION 1100 TERMS, DEFINITIONS, AND ABBREVIATIONS................................................................6
1102 TERMS AND DEFINITIONS...................................................................................................................6
DIVISION 1200: GENERAL REQUIREMENTS AND PROVISIONS............................................................6
1201 SCOPE................................................................................................................................................6
1204 SETTING OUT OF WORK AND PROTECTION OF SURVEY MONUMENTS.................................................7
1205 STANDARDS........................................................................................................................................7
1207 EXISTING PUBLIC UTILITIES...............................................................................................................8
1209 WATER...............................................................................................................................................8
1210 USE OF EXPLOSIVES AND DEMOLITION...............................................................................................8
1214 PROJECT SIGNBOARD.........................................................................................................................8
1218 HAUL AND ACCESS ROADS.................................................................................................................8
1219 ROYALTIES.......................................................................................................................................9
DIVISION 1300: CONTRACTOR'S ESTABLISHMENT ON SITE...................................................................9
1303 MEASUREMENT AND PAYMENT............................................................................................................9
DIVISION 1400: ACCOMMODATION, SERVICES, AND ATTENDANCE FOR THE
ENGINEER'S STAFF............................................................................................................................................9
1402 GENERAL............................................................................................................................................9
1403 OFFICE AND LABORATORY ACCOMMODATION....................................................................10
1405 SERVICES......................................................................................................................................13
1406 VEHICLES......................................................................................................................................14
1407 ATTENDANCE....................................................................................................................................16
1408 TEMPORARY FACILITIES AND VEHICLES FOR THE ENGINEER.............................................................16
1409 TABLES..........................................................................................................................................17
1410 MEASUREMENT AND PAYMENT................................................................................................26
DIVISION 1500: TRAFFIC MANAGEMENT...................................................................................................29
1502 GENERAL REQUIREMENT..................................................................................................................29
1516 MEASUREMENT AND PAYMENT..........................................................................................................29
DIVISION 1600: SOCIAL, HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION AND
MITIGATION MEASURES................................................................................................................................31
1613 HEALTH, SAFETY AND ACCIDENTS....................................................................................................31
1614 GENERAL STD AND HIV/AIDS ALLEVIATION MEASURES PREVENTION AND CONTROL
PROGRAMME.........................................................................................................................................31
1618 MEASUREMENT AND PAYMENT................................................................................................33
SERIES 2000: SITE CLEARANCE.................................................................................................................36
DIVISION 2100: CLEARING AND GRUBBING.............................................................................................36
2103 EXECUTION OF WORK................................................................................................................36
DIVISION 2200: DEMOLITION, REMOVAL, DISPOSAL, STORAGE, OR CLEANING OF EXISTING STRUCTURES AND
INSTALLATIONS.....................................................................................................................................................37
SERIES 3000: DRAINAGE STRUCTURES...................................................................................................37
DIVISION 3100: OPEN DRAINS, CASCADES, BANKS, DYKES AND SUB-SOIL DRAINS....................37
3101 SCOPE............................................................................................................................................37
DIVISION 3200: CULVERTS AND APPURTENANT STRUCTURES..........................................................38

3210 BEDDING AND LAYING OF PREFABRICATED OR CAST IN-SITU PIPE CULVERTS AND
DRAINS...................................................................................................................................................38
DIVISION 3300: KERBING, CHANNELING, OPEN CHUTES, DOWN PIPES AND LINING FOR OPEN
DRAINS...............................................................................................................................................................40
3302 KERBING AND CHANNELING....................................................................................................40
DIVISION 3400: STONE PITCHING, MASONRY, PRECAST CONCRETE BLOCK AND RIPRAP..........41
3402 MATERIALS.....................................................................................................................................41
3405 STONE MASONRY WALLS...................................................................................................................41
ITEM 34.01 STONE PITCHING................................................................................................................................41
SERIES 4000: EARTHWORKS AND MATERIAL STABILIZATION.....................................................42
DIVISION 4100 PREPARATION OF ROAD BED..........................................................................................42
4101 GENERAL.......................................................................................................................................42
4102 CONSTRUCTION REQUIREMENTS FOR THE PREPARATION OF THE ROADBED......................................42
4103 TREATMENT OF THE EXISTING GROUND AND OF THE ROAD BED IN CUTTINGS.................................42
4103 TREATMENT OF THE EXISTING GROUND IN FILL AND THE ROADBED MATERIALS IN CUT
42
4104 CAPPING OR SELECTED LAYERS........................................................................................................43
4106 PROBLEM AREAS..............................................................................................................................44
DIVISION 4200: ROADWAY AND BORROW EXCAVATION.....................................................................44
4204 CLASSES OF EXCAVATION.................................................................................................................44
4206: METHOD OF CLASSIFYING..............................................................................................................44
4207 CONSTRUCTION REQUIREMENTS FOR THE EXCAVATION OF CUTTINGS..............................................45
DIVISION 4300: BORROW MATERIALS........................................................................................................47
4301 SCOPE..............................................................................................................................................47
4302 OBTAINING OF BORROW MATERIALS.................................................................................................47
DIVISION 4400: EMBANKMENT CONSTRUCTION....................................................................................48
4402 MATERIAL REQUIREMENTS FOR CONSTRUCTION OF EMBANKMENT IN SUITABLE MATERIALS............48
SERIES 5000: SUB-BASE, ROAD BASE AND GRAVEL WEARING COURSE.....................................49
DIVISION 5100: SUB-BASES...........................................................................................................................49
5103 MATERIAL SOURCES FOR SUB-BASES.....................................................................................49
5104 MATERIAL REQUIREMENTS SUB-BASE................................................................................................49
5105 CONSTRUCTION REQUIREMENTS............................................................................................50
DIVISION 5200: ROAD-BASES........................................................................................................................51
5201 SCOPE..............................................................................................................................................51
5203 MATERIALS.......................................................................................................................................51
5204 MATERIAL REQUIREMENTS FOR CRUSHED STONE.............................................................................51
5205 MATERIAL REQUIREMENTS FOR NATURAL GRAVEL...........................................................................52
5206 MATERIAL REQUIREMENTS FOR DENSE BITUMEN MACADAM BASE...................................................52
5208 CONSTRUCTION REQUIREMENTS FOR CRUSHED STONE BASE...........................................................52

5209 CONSTRUCTION REQUIREMENTS FOR NATURAL GRAVEL ROAD BASE................................................53
5210 CONSTRUCTION REQUIREMENTS FOR DENSE BITUMEN MACADAM ROAD BASE.................................53
5211 CONSTRUCTION TOLERANCES...........................................................................................................53
SERIES 6000: BITUMINOUS SURFACING AND ROAD BASE...............................................................55
DIVISION 6100: BITUMINOUS PRIME COAT...............................................................................................55
6102 MATERIALS.......................................................................................................................................55
6108 APPLICATION OF THE PRIME COAT...................................................................................................55
6110 TOLERANCES....................................................................................................................................55
6111 TESTING...........................................................................................................................................55
DIVISION 6200 –TACK COAT.........................................................................................................................57
DIVISION 6400: BITUMINOUS ROAD BASES AND SURFACING..............................................................................57
6401 SCOPE..............................................................................................................................................57
6402 MATERIALS.......................................................................................................................................57
6403 MIX DESIGN...................................................................................................................................58
6414 CONSTRUCTION TOLERANCES...........................................................................................................60
6415 QUALITY OF MATERIALS AND WORKMANSHIP.................................................................................61
DIVISION 8100: FOUNDATIONS FOR STRUCTURES.................................................................................63
8102 MATERIALS................................................................................................................................63
8103 GENERAL..........................................................................................................................................63
8104 COFFERDAMS, ARTIFICIAL ISLANDS AND DEWATERING.....................................................................63
8105 EXCAVATION.....................................................................................................................................63
8107 UTILIZATION OF EXCAVATED MATERIAL...........................................................................................64
8108 BACKFILL AND FILL NEAR STRUCTURE.............................................................................................64
8109 FOUNDATION FILL...........................................................................................................................64
DIVISION 8200: FALSEWORK, FORMWORK AND CONCRETE FINISHES.............................................66
8204 DESIGN AND CONSTRUCTION REQUIREMENTS...................................................................................66
8207 UNFORMED SURFACES: CLASSES OF FINISH.....................................................................................66
DIVISION 8300: STEEL REINFORCEMENT FOR STRUCTURES...............................................................67
8303 CONSTRUCTION REQUIREMENTS.......................................................................................................67
DIVISION 8400: CONCRETE FOR STRUCTURES.........................................................................................67
8402 MATERIALS...................................................................................................................................67
8404 CONCRETE FOR STRUCTURES..................................................................................................68
IN TABLE 8404-1, INSERT THE FOLLOWING ROW AFTER THE FIRST ROW:....................................................68
8405 CONSTRUCTION REQUIREMENTS.......................................................................................................68
8406 HANDLING, PLACING AND COMPACTION OF CONCRETE...................................................................68
8409 FINISHING PLASTIC CONCRETE.........................................................................................................69
8410 CURING CONCRETE.........................................................................................................................69
DIVISION 8700: BRIDGE BEARINGS PARAPETS, RAILINGS, FOOTWAYS, NO-FINES CONCRETE,
WATER PROOFING AND DRAINAGE FOR STRUCTURES........................................................................70

DIVISION 8900: STONE MASONRY STRUCTURES.....................................................................................71
8901 SCOPE..............................................................................................................................................71
8902 STONE MASONRY WALLS...................................................................................................................71
SERIES 9000 ANCILLARY WORKS............................................................................................................72
DIVISION 9100: GABIONS AND MATTRESSES.........................................................................................72
9106 MEASUREMENT AND PAYMENT.........................................................................................................72
DIVISION 9200: DELINEATORS, MARKERS AND KILOMETER POSTS...............................................73
9202 MATERIALS.......................................................................................................................................73
DIVISION 9300: GUARDRAILS.......................................................................................................................74
9302 MATERIALS.......................................................................................................................................74
DIVISION 9400: ROAD SIGNS.......................................................................................................................74
9402 MATERIALS.......................................................................................................................................74
DIVISION 9500: ROAD TRAFFIC MARKINGS, ROAD STUDS AND TRAFFIC CALMING...................75
DIVISION 9600: LANDSCAPING AND GRASSING...................................................................................................75
DIVISION 9900: FOOTWAYS AND MASONRY AND CONCRETE SAFETY BARRIERS...............................................76
9905 MEASUREMENT FOR PAYMENT..........................................................................................................76

Construction of Aweday Town Asphalt Projects Bidding Document
SERIES 1000: GENERAL
(A) DIVISION 1100 TERMS, DEFINITIONS, AND ABBREVIATIONS

1102 Terms and Definitions
Add the following sentence to the definitions for the word “fill”
“Material imported to replace unsuitable material in the road bed shall also be classified as fill for
measurement and payment purposes.”
(B)
(C) DIVISION 1200: GENERAL REQUIREMENTS AND PROVI-
SIONS
1201 Scope
Add the following:
Description of the Works
The Works to be carried out under this Contract comprise the construction of Awaday Town Asphalt Road
Project.
The road shall be constructed to DC8 road class (ERA’s Geometric design Manual -2013) with Asphalt
surfacing. Total Road Width = 21m, Total Carriageway = 14.6m, walkway 2.50m (BHS) and Median
1.5m.
Major items of work in the Contract include but are not limited to the following:
 Provision and maintenance of site accommodation, office, laboratory, transport, equipment

as per Bills of Quantities;
 Site clearance and setting out;
 Construction of new pavement
 Excavation for carriageways
 Embankments and sub-grade construction
 Construction of side drains
 Construction of Asphalt concrete surfacing for carriageways
 Construction of retaining walls
 Construction of culverts and bridges ;
 Provision and erection of road furniture;
 Accommodation of traffic throughout the construction period;
 Construction and maintaining detours
 Ancillary operations to complete the execution of the Works; and
 Taking care of the Works prior to the issue of a Taking-Over Certificate and rectification of
defects during the Defects Liability Period.
 Maintaining the site in a clean and orderly manner and clearing up all debris and reinstating
the site, as closely as possible to the original condition, after completion of the construction
work.

1204 Setting Out Of Work and Protection of Survey Monuments

Delete the ninth paragraph and replace with
The contractor shall set out the line and level of the works at intervals of not more than 20m or such
lesser intervals as are required to construct the works to the tolerances specified in these specifications.
Reference pegs and batter rails, clearly and indelibly marked with all relevant information shall be pro-
vided clear of the road and perpendicular to it such that the centerline, batter of cut and fill slopes and
pavement layer levels can be directly established at any time. These shall be maintained by the contrac -
tor until the Engineer no longer requires them to check the work and authorizes their removal.
Timber reference pegs shall be 50x50x600mm long driven 400mm firmly into the ground. The part
above the ground shall be painted white. The offset from the centerline shall be indicated by a 25mm
long nail with its head driven flush with the top of the peg. Chainage and offset distance shall be clearly
and indelibly indicated on the sides of the peg to the satisfaction of the Engineer.
After completion of site clearance and setting-out. The contractor shall take a longitudinal section and
cross sections of the cleared ground level at intervals of 20m along the proposed road centerline over
the full road reserve width. Similarly, the contractor shall take a longitudinal section and cross-section
along the centerlines of all existing and proposed culverts and structures.
Cross sections shall be plotted to a scale of 1:200 and longitudinal sections to a scale of 1:2,000 hori-
zontal and 1:200 vertical. Cross sections and long sections shall be submitted in hard and soft copies to
the Engineer for examination and agreement. The soft copies shall be submitted a computerized format
including a digital ground model acceptable to the Engineer and in a format, which can be used directly
as input data for the Engineer’s Highway Design Program installed on site. The contractor shall make
any amendments as necessary after the long and cross sections have been agreed.
The Engineer shall issue final road culvert and structures levels not more than 28 days after receiving
the amended agreed cross sections from the contractor.
The final road culvert and structures levels instructed by the Engineer may be different from those lev-
els shown on the drawings. The contractor shall be deemed to have taken the requirements of this
clause in to consideration for the submission of his tender and data preparation of his program pursuant
to the conditions of contract.
On receipt of the final road, culvert and structure levels, the contractor shall produce the revised cross
section and long sections based on the revised data and submit them in hard and soft copies to the Engi-
neer. An original plot hard copy and soft copy of the revised cross sections and long sections shall be
provided free of charge by the contractor to the Engineer.
The contractor shall provide the Engineer with all necessary assistance for the checking the setting out
agreeing the levels and any other survey or measurement which the Engineer needs to carryout in con-
nection with the contract. Such assistance shall include the provision of all necessary support for the
Engineer and his surveyors such as assistants, chainmen, and laborers; and equipment and materials
such as wooden and steel pegs, cement, sand, aggregate, hand tools, paint and paintbrushes.
1205 Standards
c) Supply of Standards and Codes
At the end of paragraph, add the following
….which includes the following:

AASHTO: standard Specification for transportation Materials and methods of sampling and Testing”,
24th or latest edition plus subsequent provisional standards
ASTM: “Annual Book of ASTM Standards” Volumes 01.03,01.04 and 04.01 to 04.09 inclusive and
Volume 04.13
BSI British standard Institution – Construction Materials Testing
ERA Technical Specifications 2013Where the documents are available on Compact Disk (CD),
of the two copies, one copy should be printed on paper and the other copy on Compact Disk (CD).
1207 Existing Public Utilities
Delete the word “He” from the second sentence of the fifth paragraph and replace with ‘The contrac-
tor”.
1209 Water
Delete the word “if required under the particular specification” from the beginning of the second para -
graph.
1210 Use of Explosives and Demolition
Delete the fifth bullet and replace with the following:
“At least forty five (45) days prior to any blasting preparations, the contractor shall submit the relevant
documentations to the Engineer for approval. In addition, the Engineer shall be advised, in writing,
twenty-four (24) hours before each blasting operation is carried out.”
1214 Project Signboard
Delete “the receipt of the letter of acceptance” from the first line of the first sentence and replace with
“signing of the contract agreement”.
Add the following at the end of the first paragraph
The boards, with suitable inscription, shall include the name of the project, the Employer, the Financing
Institution, the consultant and the contractor, etc. The boards shall be prepared with sound weatherproof
material and painted by approved firm of sign writers, which shall be approved by the Engineer before
preparation.
The contractor and sub contractors shall not erect any signs, notices or advertisements on or along the
works or the site of the works without approval of the Engineer or which are not in accordance to the
format given by the Engineer. No sign boards other than those specified will be permitted on or adja -
cent to the works except that the contractor may permit each of his sub contractor’s to display only one
sign board of less than two square meter at the works office.
The Engineer shall have the right to have any sign, notice or advertisement moved to a better position
or to have it removed if it should in anyway prove unsatisfactory, inconvenient or dangerous to the gen-
eral public.
1218 Haul and Access Roads
Add the following paragraphs at the end,
The contractor shall submit to the Engineer for approval full details of any haul or access road he pro -
poses to use or construct. Such details shall be submitted well in advance in order to give the Engineer
sufficient time to investigate implications.

The contractor shall have the right to use public roads, including bypasses open to public traffic. Where
his own traffic causes damage or wear to such roads including all their facilities (Drainage structures,
bridges, road furniture, road markings etc) or constitutes a condition hazardous to public traffic, the En-
gineer shall have the right to regulate the contractor’s traffic over such public roads and bypasses. The
Engineer shall have the right to require the contractor to provide at his own cost such maintenance as in
the Engineer’s opinion will be necessary to maintain the bypass properly when not used by the contrac -
tor’s construction traffic. Where regulation of the contractor’s traffic does not alleviate the traffic haz -
ard satisfactorily or the maintenance of the bypass cannot be or is not properly executed, the contractor
shall where conditions permit, divert his traffic over construction roads provided and maintained as his
own cost.
Where the contractor constructs haul or access roads at his own initiative for accommodating construc -
tion traffic, he shall construct and maintain them at his own coat and in accordance with the details pre -
viously agreed with the Engineer in writing. Such roads shall be kept to a minimum particularly in areas
where their impact on the environment may be serious. The contractor shall not commence construction
of any haul or access road until land compensation procedure is completed and the approval of the En-
gineer has been given.
Prior to the construction of haul and access roads, the contractor shall in consultation with Engineer/
ERA and local police and administrative offices, consult with local community representatives regard -
ing whether such roads shall be retained or demolished after the completion of the main construction
works and prepare written agreement in a minutes of understanding (MOU). If the haul and access
roads agreed to be obliterated after completion of the main construction works at a particular section of
the road, their surfaces shall be properly reinstated to their original state. Copy of the MOU shall be at-
tached to the monthly progress report.
Where clearing, grubbing and top soil stripping for access roads is required, it shall be carried out in
conformance with series 2000 and other relevant section of these specifications.
1219 Royalties
Delete spoil areas from 2nd line and add the following paragraph at the end:
The Contractor shall be liable for compensation and responsible for expropriation of land required for
temporary and permanent spoiling of waste material. Moreover, the land used for dumping of these sur -
plus materials shall not impose any social and environment problems.
(D) DIVISION 1300: CONTRACTOR'S ESTABLISHMENT ON
SITE
1303 Measurement and Payment
Delete all the paragraphs under this Clause entirely and replace them with the following paragraph:
No separate payment shall be made for all establishment of the Contractor on site. The cost shall be
deemed to be distributed among the relevant pay Items of the Contract.
(E) DIVISION 1400: ACCOMMODATION, SERVICES, AND AT-
TENDANCE FOR THE ENGINEER'S STAFF
1402 General
Replace the third paragraph with the following
“Office and laboratory supplied by the contractor for the use of the Engineer shall be ready for use
within four months of commencement of the project, but the contractor may not proceed with the per-

manent works before the required offices and laboratory buildings have been erected by him. If the of-
fices for the Engineer’s site personnel are not ready for occupation when the permanent works are com-
menced, the contractor shall provide suitable temporary office, at his own cost to the satisfaction of the
Engineer; and an amount of Ethiopian Birr 50,000 per month shall be debited to the contractor’s ac-
count for the period of delay in the supply of the office and laboratory buildings as a penalty.”
Add the following paragraphs at the end
“The Contractor shall not order any office, laboratory, vehicles, surveying, equipment or fittings and
materials on the basis of what is specified or scheduled without written confirmation from the Engineer.
No buildings shall be erected without the Engineer’s written instruction as to the exact position and ori -
entation of the buildings.
The cost of providing necessary land for the contractor’s camp, the Engineer’s office, and other build -
ings for the project shall be at the Employer’s Expense.”
Table 1402/1 Ownership of Engineer’s Site Facilities

Please amend No. 9, the ownership of the vehicles to be reverted to the Employer at completion of the
contract.
1403 OFFICE AND LABORATORY ACCOMMODATION
(c) Offices
Delete the first paragraph entirely and replace with the following
The Contractor shall provide, furnish, equip and maintain an air-conditioned office(s) for the sole use
of the Engineer for the duration of the contract. The Engineer's office building shall be constructed as
shown on the drawings or as instructed by the Engineer. It shall have a minimum area of 262 m 2 (ex-
cluding the area of the corridor and veranda). The total area of window spaces shall be a minimum of
15% of the floor area of the office building. The various sizes of the offices required shall be as shown
on the drawings or specified in Table 1409/5 of these specifications and as approved by the Engineer.
Add the following at the end
In addition, the offices, fittings, furniture and equipment shall also conform to the following require-
ments:
 Each office desk shall have a surface area of at least 1.5m² and shall be provided with at least
three drawers, one of which can be locked.
 General purpose steel cabinets shall have at least 1.5 m² shelf area and a volume of 0.70 m³
each. Each cabinet shall have a lock with two keys.
 Steel filing cabinets shall each be fitted with four drawers on runners. Each cabinet shall be fit-
ted with a lock and shall be 1300 mm high, 460 mm wide and 600 mm from front to back.
 Shelves shall be suitable for storing all the contract drawings or shall else be as detailed on the
Drawings.
 Each wash hand basin shall be fitted with taps and a drain.
 Electric space heaters (oil filled) shall be as specified in Sub-clause 1403(e).
 Electric power plug points shall be provided. Each office shall have at least two 15 ampere
plug points.
 Chairs shall be robust and comfortable.
 Each conference table shall be large enough to seat twelve people and shall have an area of at
least 5 m².
 Computers shall be of the following types (or their equivalent as approved by the Engineer):

(1)Type A: Desktop Computers
Processor: Intel core i5 (3.3 GHz),
RAM Capacity: 4 GB or more, upgradable up to 16GB,
HDD capacity: 500 GB or more
Media Storage Device: 16 X DVD+/- RW Serial ATA Drive
Networking: Intel® 82566DM Gigabit Ethernet LAN solution 10/100/1000

ion.
Graphical Card: Integrated Intel HD Graphics family
Monitor Size: 19” LCD Screen monitor
Keyboard: USB Enhanced Quiet-Key, Mouse: USB 2 button scroll optical

with Mouse pad
Speakers External standard speaker
Software Window 7 or higher
(2)Type B: Laptops
Processor: Intel core i7 (3.3 GHz),
RAM Capacity: Standard 8GB DDR3 RAM (1066MHZ) maximum expandabil-

ity:16GB, 8GB Graphics
Hard Disk capacity: SSD 1TB ,7200 RPM
Removable Drive Type DVD Super Multi (double layer) drive DVD+/- RW
(DVD writer + Reader /CD+ Reader)
Graphical Adaptor: Type: Intel GMA 900
Display Size: 15.6” LCD

Type: Widescreen TruBrite LCD display
Internal Resolution: 1366x768
Interface 1xRJ-11
1x6-in-1 Bridge mupports Sd Card. Memory Stick. Memory
Stick Pro. Multimedia Card.xD-Picture Card, SD (O)
4(left 2, right 2) x USB 2.0
Wireless communication Compliancy: Wi-Fi
Battery Technology: Lithium-ion
Software Window 10 or higher

 A voltage regulator and emergency power interrupt unit shall also be supplied all to the satisfac-
tion of the Engineer. The tendered amount shall include for the maintenance and replacement of the
computer throughout the Contract period.
 Computer printers shall be LaserJet technology with speed of 15 pages per minute resolution
600*600 size A4 and DeskJet A3 & A4 size color & Black and white resolution 1200*1200 DPI or
more recent. At least one printer shall be suitable for printing color photographs from a digital cam-
era. Each printer shall be supplied with suitable cables and switches to connect the printer to the com-
puters all to the satisfaction of the Engineer. The tendered amount shall include for the maintenance
and replacement of the printer throughout the Contract period.
 Scanner shall be of “HP Scan jet with automatic document feeder resolution 4800 DPI size A4 or
similar approved by the Engineer.
 Projector shall be of “Planner PR5022 DLP Projector” Type or its equivalent as approved by the
Engineer
 Computer software for each computer of Type A and B shall include:
1. MS Office 2010 professional or higher

2. MS Project 2010 or higher
3. AutoCAD 2010 or higher
4. Approved virus detection software with update support.
5. The latest version of MX Road software for road design. In alternative to MX road, the Engi-
neer may instruct the Contractor to provide software, of similar characteristics, for road design from a
different software producer.
The latest versions of the above mentioned software, compatible each other, shall be supplied all to the
satisfaction of the Engineer.
 Digital Photocopy machine –The photocopier shall be with a Memory (Std/Max) of 128MB, 6.9
seconds first copy output, 22PPM Copy speed and 1200x600dpi copy resolution and with good zoom-
ing capacity. It shall be capable of self feeding and producing copies up to A3 size with capabilities for
the reduction and enlargement of documents. The tendered rate shall include for the provision installa-
tion and maintenance of the machine..
 Total Station
The total stations to be supplied shall include tripod, data recorder and recording card type: SOKKIA
FX103 or equivalent type. Each total station shall be accompanied with full accessories.
 Automatic level
The automatic level to be provided shall include tripod, data recorder, SOKKIA SDL50 or equivalent
type. Each total station shall be accompanied with full accessories.
 Digital camera
The camera shall be with 16.1 megapixels. It shall have 14x optical zoom, 26mm wide angle lens
(35mm form), 3.0LCD screen and standard battery. It shall be supplied with all relevant computer
hardware accessories and software. The camera shall also be compatible with the supplied computer
hardware and software.

 Handheld GPS
Handheld GPS shall be Gramin eMap type or equivalent as approved by the Engineer.
d) Laboratories
Delete 3rd paragraph and replace with the following
The Engineers laboratory building shall have a minimum area of 180m 2 and shall be as indicated un-
der table 1409/6.
e) Areas around Offices
Change the title of this Sub-Clause to be read as
“e) Area around the Engineer’s Office and Laboratory buildings”
f) Communication System for the Engineer
Delete the entire paragraphs and replace with the following
“The contractor shall provide mobile phone airtime card for the Engineer’s staffs.”
1404 HOUSING ACCOMMODATION FOR THE ENGINEER
Delete this section entirely. It is not applicable in this project.
1405 SERVICES
(a) Sanitary arrangements

Shower units shall be well-ventilated units. They may be constructed from fiber-cement sheeting with
steel frames or from other suitable approved materials, and the floors shall be of concrete with vinyl
floor tiles. Latrines shall be provided with vitreous enamel Water Closet (W.C) pans with Polyvinyl
Chloride (PVC) seats and covers and flush cisterns. Wash basins shall be in vitreous enamel, complete
with taps and drains.
Where required a separate shower and changing room provided complete with shower, hot and cold
running water and drain each shall be provided with a door fitted with a latch. Each ablution unit shall
be provided with an outside door with a lock. At least two keys shall be provided for each lock. No sep -
arate payment shall be made for ablution units, which shall be included for in the rates and price of
other relevant items of the Bill of Quantities of this division.
The Contractor shall be responsible for providing all sanitary Public Utilities necessary for keeping la-
trines in a clean, neat and hygienic condition. When no municipal sewage treatment is available, the
Contractor shall provide the necessary septic tanks for all latrines.
Add the following sub clause

(f) Food supply and messing facilities
The Contractor shall be responsible for providing cook and cleaning staff at his own cost to the Engi-
neer’s staff.
1406 VEHICLES
a) GENERAL
Delete the first sentence of the first paragraph and replace with the following.
“The Contractor shall provide 3 vehicles for the sole use of the Engineer and his staff.”
Delete the second paragraph and replace with the following
The Contractor, at his own cost, shall provide a replacement for any vehicle by a similar new vehicle
after completion of 150,000 km if, in the opinion of the Engineer, such vehicle cannot be maintained in
a satisfactory condition. The contractor shall provide the vehicles from his own or on rental basis what -
soever is convenient. Ownership of Engineers vehicles shall be reverted to the contractor at the end of
the Contract.
b) Types of Vehicles
Delete the descriptions listed under (i),(ii),and (iii) entirely and replace with the following.
i. Vehicle Type B.
 4WD Pick-up; Double cabin with canopy; latest model, with 4-doors; LWB; 2.5 – 3.0 litre
diesel engine (preferably turbocharged); LHD power steering; seating capacity for 5 minimum capacity
2800cc.
 All the Vehicles that are going to be supplied to the Engineer shall have GPS vehicle racketing
system so as to monitor both the individual car and the entire fleet of the Engineer’s vehicles. It is ex-
pected that the real-time car-tracking device shall give up-to-the-minute/ a real time speed and location
updates, including text or email alerts based on parameters set in advance. Accordingly, the detail re-
ports shall tell to the Employer, to the Consultant’s head office and the Resident Engineer exactly
where a vehicle has been, where it's headed and how fast it's travelling on a real time basis. Withstand-
ing to this, the GPS trucker shall be the latest generation that could serve the purpose on a more effi-
cient and comprehensive manner. Moreover, the Contractor shall ensure the proper functioning of the
GPS tracker in all times of the service months. If the GPS tracker does not become operational for cer-
tain days from the applicable month, some amount of money, which is deemed appropriate by the Engi-
neer, will be deducted from the payment allotted for pay item 1406: Fuel, Lubricants, Servicing, Main-
tenance, and Insurance & Repair.
a) General Information
2800 CC Fuel Tank CAP 66 Liters
88 4/4000 H.P/RPM Pay Load 695 Kg
5 Speed and 4 Cylinder Tire Size 205R 16C-6-6
Wheel Base 2860 MM Gr. Clearance 225 MM
5 Seater
b) Equipped With

Description Specification Description Specification

Tire Size 205R 16C-6-6 Air Conditioner With (P-OPT)
Tire Pattern BIAS Front Seat Belt 3P ELR *2
Disk Wheel 5.50F Silver Sun Vision D+P Seat
Body Rust Protection Specific Region Clock With (Digital)
Package Option Plating Package Tachometer With
High Altitude Compen-
With Cigarette Lighter With(W/O Illumination)
sator
Power Take Off Outlet With Audio(All Destinations) AM/FM/SW CS 2SP
Free Wheel Hub MechanicalAntenna W/(STD)
Power Steering With PS Tool (Plant Install) B+STD+REPLACER
Tilt Steering With Tilt Heater With STD
Outside Rear View Mir-
Back Out Side Buzzer With Door 2
ror
Transfer Protector With CPC Wax Cleaner With
Front Bumper Plating Touch-up Paint With
Rear Bumper Step Bumper Plating Radiator Grille Plating
Spare Wheel Anti-Theft With for SPR-Wheel
Glove Box With Key
Lock Lock
Fule Lid Opener With Intermittent Wiper Variable
Side Step With Trip Meter With
Tail Gate Panel W/Toyota Mark Add. Paint (1 Kg) Monotone
W/Guard Frame W/ Canvas Hood & Deck
Deck Guard Frame Double Cab
Stopper Seat
Front Door Vent Win- Front Door Vent Win-
With Vent Window With Vent Window
dow dow
 From these vehicles, two Type B vehicles shall be assigned for the use of ERA’s Counterpart
Engineer and Right-of-Way agent.
Add the following sub clauses at the end
c) Insurances and registration
The vehicles, and any authorized passengers, goods and samples, shall be comprehensively insured by
the Contractor to comply with the Laws of Ethiopia. All vehicles shall be registered and fully- compre-
hensively insured to comply with the Laws of Ethiopia and insurances and registration shall be kept
current.
d) Maintenance of Vehicles
The vehicles shall be provided with fuel and lubricants as required and shall be serviced maintained and
repaired including replacement of parts by the contractor so as to be in a safe, reliable and roadworthy
condition at all times. The services maintenances and repairs shall be carried out in conformity with the

vehicle manufacturer’s recommendations or as may be deemed necessary by the Engineer. All vehicles
shall be maintained to comply with the Laws of Ethiopia. The contractor shall comply with these re -
quirements during the defect liability period also if so instructed by the Engineer. Each vehicle shall be
provided with fire extinguisher, first aid kit, tow hook and cable, tool kit (including set of metric span-
ners, set of screwdrivers, water pump liers, adjustable wrench and socket set), spare wheel, wheel
wrench, jack and handle and front and rear seat belts; all of which shall be maintained in working order
or replaced by the contractor as necessary.
The contractor shall be responsible for immediate replacement whether temporary or permanent of any
vehicle out of service for maintenance or through mechanical breakdown or for any vehicle being un -
available owing to theft or accident or through any other cause where such vehicle is unavailable to the
Engineer for a period of more than 24 hours.
The contractor shall provide each vehicle with an experienced and licensed driver or drivers approved
by the Engineer for each of the vehicles indicated in these specifications. The drivers shall be available
to the Engineer’s Representative at all times. The contractor shall provide houses and pays including all
overtime and overnight travelling allowances for the drivers he assigns for the Engineer’s vehicles. Suf-
ficient drivers shall be available at night and weekends whenever required by the Engineer.
1407 Attendance
At the beginning of the last sentence of the first paragraph add the phrase “cooking and”
To the fourth line of the third paragraph insert the phrase “brushes, paint” between the words “materials
and “as”.
To the first sentence of the last paragraph insert the phrase “including all the required accommodations.
“Between the phrase “ the cost of all attendance” and the word ”up on”.
1408 Temporary Facilities and Vehicles for the Engineer
Delete the phrase “and suitable vehicles” from the last line of the first paragraph and replace by “ Type
B Vehicle”.
Add the following at the end,
No construction of permanent works shall be performed until the temporary Engineer’s laboratory
building has been provided to the Engineer as fully furnished and equipped.

1409 TABLES
Delete the tables 1409/1 to 1409/8 under this clause and replace them with the following
Table 1409/1 Office Furniture
S.No Description Number

1 Conference Table and Chairs (Seating 12) 1
2 Desk 1.5m X 1.0 m with lockable drawers & swivel chairs(various 22
Types)
3 Chairs 44
4 Draughtsman Stools 2
5 2.4m X 1 m Wall board 12
6 Steel Cupboards with Shelves 22
7 Steel filing Cabinets 22
8 Plan Chest 5
9 Heavy Duty Shelving in Stores 120 LM
10 Bookshelves 22
Table 1409/2 Office Supplies and Equipment

1 Waste Paper Baskets 22
2 Portable fans 12
3 Computer Type A 8
4 Computer Type B 2
5 Scanner HP 3570 2
6 External CD Driver/Recorder CD-RW 5
7 Computer Printer & stand – Laser (A3/A4) 4
8 Computer Printer & stand – Laser (A4) 6
9 Computer Printer & stand – Wide carriage 2
10 Photocopy machine A4/A3 size - Administration Office 1
11 Photocopy Machine A4/A3 size - Engineering Drawings 2
12 Digital camera 2
13 Scientific Calculators 5
14 Business Calculator 10
15 Staple Machine(normal) 22
16 Staple Machine (large – heavy duty) 1
17 Paper punch – standard 22
18 Paper punch - multiple hole 5


19 Binding Machine 1
20 1 m steel straight edge 5
21 Filing trays 23
22 Electric water heater 5
23 Electric refrigerator (0.5 cum) 2
24 Electric kettle 3
25 Electric space heaters (1.5 kW) 16
26 Kitchen Sink Unit 1
27 Teacups and teaspoons 40
28 Milk jug, sugar bowls, teapot 6
29 Rain gauge 2
30 Thermometer (max/min) 2
31 First Aid outfit 2
32 Fire extinguishers 20
33 Telephone extensions and telephones 18
34 Set of all standards mentioned in the specifications 2
35 Bottled gas for gas stove, 50kg. 2
36 Reading Lamp 10
37 Level Books 100
38 Field books 100
The total stations to be supplied shall include tripod, data recorder
and recording card type: SOKKIA FX103 or equivalent type ap-
39 2
proved by the Engineer. Each total station shall be accompanied with
full accessories.
Automatic Level type: The automatic level to be provided shall in-
clude tripod, data recorder, SOKKIA SDL50 or equivalent type ap-
40 2
proved by the Engineer. Each level shall be accompanied with full ac-
cessories
41 Spare batteries 2
42 Rapid charger 1
43 Reflectors with mount 5
44 Triple prism mount with reflectors 2
45 Tripods 4
46 Leveling staff (5m), foldable 5
47 Ranging rods (2.5m) joinable, metal 30
48 Optical square 4
49 100m steel tape 4
50 30m linen tape 4
51 Steel pocket tape (3m). 8
25 Hammer (2kg) 4
23 Steel arrows 100
54 Survey Umbrellas 4
55 Steel tape repair kit 2
56 Barcode level and barcode staff with type approved by the Engineer 2
57 Measuring wheel 2


58 Spray paint road marking As required
59 Fixtuel hammer (4 Kg) 2
60 Spirit levels for staves 6
61 Metal pocket rules (5 m) 10
62 Reflection road safety vests 12
63 Drawing boards (field book frames A6 size metal or wood with plas- 10
tic cover)
64 Walky-talky 4
65 Adequate supplies of office stationary such as paper, ink/cartridges for the printers
and photocopy machines ,etc., for the whole duration of contract period , as directed
by the Engineer
Table 1409/3 laboratory Equipment
I. Mixing and Preparation Equipment

20 Glass Marking Pencil
1 Metal Thermometer, 0-100°C
6 Metal Thermometer, 0-240°C
2 Magnet Holder for Dial Indicator
1 Battery Filler
2 Rectangular Mixing Pans, 600 mm square
2 Stainless Steel Mixing Bowl, 300 mm x 250 mm
2 Stainless Steel Mixing Bowl, 220 mm x 110 mm
2 Round Aluminum Pan, 300 mm x 50 mm
15 Square Tin Pan, 500 mm x 350 mm
1 Straight Edge, 300 mm
3 Ounce Tin Sample Boxes, dozen 3
1 Riffle Box with 15 mm slot width with 3 metal containers
1 Riffle Box with 25 mm slot width with 3 metal containers
2 Wheel Barrow
II. Ovens and Hot Plates
2 Stainless Steel Laboratory Oven, 100 liters, with temperature regulating feature
2 Stainless Steel Laboratory Oven, 240 liters, with temperature regulating feature
3 Hot Plate, 6” Square
1 Burner Gas
III. Scales and Balances
2 Heavy Duty Solution Balance, 20 Kilogram Capacity ± 1 g
1 8-12 Kg Capacity Electronic Balance, ± 0.1 g
1 5-8 Kg Capacity Electronic Balance, ± 0.1 g
2 200-300 g Capacity Electronic Balance, ± 0.1 g
IV. Classification Equipment

1 Complete Liquid Limit Set apparatus to ASTM D423-66 with hard rubber base of shore D
value 85-95 @ 23ºC, grooving tool and calibrating plate
1 Plastic Limit Set

1 Pocket Penetrometer
15 Shrinkage Troughs
1 Shrinkage Limit (with adequate quantity of mercury)
V. Specific Gravity Equipment
(Coarse and Fine, also see Concrete Test Set)
1 Pycnometer Top and Jar

4 Specific Gravity Bottles, 100ml.
3 Specific Gravity Bottles, 220-250 ml
VI. Compaction Equipment
3 Modified Hammer, 10 lbs. by 18” Drop
2 Standard Hammer, 5 lbs by 12” Drop
2 Standard Compaction Mould
30 Ounce Moisture Content Cans, 50 ml
2 Dozen Straight Edge, 12”
6 12” Ruler Knife
2 Vacuum airer
VII. Sample Preparation Equipment
1 Hydraulic Sample Ejector
1 Soil Mortar
1 Soil Pestle
1 Paraffin Warmer (2 qts.)
1 Sealing Paraffin (50 lbs.)
1 Cone Mould and Tamping Rod, set
1 Density Basket
VIII. Aggregates
2 Flakiness Gauge
30 Sodium/Magnesium Sulfate salt, Kg
1 Los Angeles Abrasion Machine
1 Organic Impurities Test Set
1 Aggregate Crushing Value
IX. Field Density Test
4 I” Steel Chisel
4 Large Sand Scoop
10 Peg
4 Density Pack
4 Mixing Trowel
4 Rubber Mallet
4 Field Density Plate
4 Sampling Spoon
4 Sand Density Apparatus, complete with plastic jugs, set
4 Plastic Jug
4 One Gallon Field Can
4 Steel Hammer, 1 Kg
1 Cylindrical Container for Sand Calibration, H = 152, dia = 152
X. Concrete Testing

1 Concrete Measure ½ (cu. ft).

4 Slump Cone, Set
4 Tamping Rod
1 Folding Rule, 3 m
18 Cubic Moulds, 6”
1 250,000 lb. Capacity Testing Machine
1 Guard for above tester, Set
1 Cubic Specimen Capping Set
6 Concrete Curing bottle, with Thermometer
2 Cyclops Concrete Capping Compound - 100 lbs.
XI. Sand Equivalent Test
1 Sand Equivalent Test Set
10 Sand Equivalent Stock Solution (8 oz.), Bottle
XII .Moisture - Density Test
1 CBR Loading Machine, electrical
24 Modified Compaction Mould
24 CBR Mould
2 Slotted 5.56 kg surcharge weights for use during penetration
24 Annular 4.536 kg surcharge weights used during soaking
2 Filter Screen
2 Trimming Knife, 6” Blade
2 Plastic Graduated Cylinder, 100 ml.
2 Plastic Graduated Cylinder, 200 ml.
2 Plastic Graduated Cylinder, 1000 ml
10 Wash Bottle
4 Small Sand Scoop
4 Flexible Spatula 6”. Blade 1” wide
2 Sample Extruder
3 Collar, Detachable
3 A tripod for measuring swell
24 Dial gauge reading 0.01mm with a range of 25mm
2 Dial gauge or equivalent with 0.127 mm divisions, range 25 mm and 1.27 mm per revolution
2 Spacer Disc
XIII. Relative Density of Cohesionless Soils for Sand
1 Complete Relative Density Set 20/50/1 ph A.C. (0.1and 0.5 cu. ft.)
1 Mixing Pan, 24 x 24 x 3” Deep
1 Portable Platform Scale
1 Straight Edge
1 Hoist, minimum lifting capacity, 125 kg.
XIV. Water
1 Quality of Water Test, Set
XV. Sampling and Testing Bituminous Materials

24 1Qt. Sample Can
24 1 Qt. Small Mouth Can
XVI. Specific Gravity of Bituminous Materials

6 Hubbard - Carmick Specific Gravity Bottle

XVII. Mechanical Analysis of Soils
1 Hydrometer, ASTM 151 H
4 Stopwatch 30 min., 1/5 sec.
2 Beaker Glass, 250 ml.
6 Graduated Cylinder, 100 ml
1 High Speed Stirrer
3 Dispersing Agent, Kg
XVIII. Penetration of Bituminous Materials
1 Bitumen Penetrometer (Automatic and Hand Operated)
12 Needles-Stainless steel or brass Grade 440c
24 Containers-Metal or glass, cylindrical in shape, flat bottom (tin boxes) capacity = 90ml.
1 Water Bath
2 Transfer dish for container
2 Thermometers for water bath
1 Timing device-stop watch or electric timer
1 Heater-oven or hot plate
XXII. Viscosity of Bituminous Materials

1 Kinematic Viscometer (Complete)
2 Thermometers
1 Water Bath (Thermostatical)
1 Timer
XXIII. Time of Setting of Hydraulic Cement

1 Scales
1 Weights, Set
2 Glass Graduate – 200 or 250 ml capacity
1 Vicant Apparatus
XIV. Aggregate Testing
1 Flakiness Sieves
XV. Miscellaneous
1 Dynamic Cone Penetrometer (Heavy Duty)
1 DCP Spare Standard and Hammer Shaft, Set
5 Piezometer
5 Settlement gauges
2 Timing Device
1 ¾” Sample Splitter
1 2” Sample Splitter
20 Laboratory Thermometer

6 Armoured Thermometer
10 Pair - Asbestos Gloves
10 Pair - Rubber Gloves
48 Sample Bags
1 Trowel, Triangular blade
2 Deep Cement Pans, 18” X 18” X 3”
1 Concrete Test Hammer
1 Chloride, Alkalinity and Water Hardness, Set
1 Extra 200,000 lb 12” Capacity Gauge
1 Gas or Kerosene - 3 Burner Stove
3 Pocket Calculators, Scientific
2 Type 30° and 45° - 12” Triangle, Set
2 Each Type 30° and 45° - 6” Triangle, Set
2 Rapidograph Lettering Set
2 Set English Lettering Template (Plastic)
1 Pocket Type Thermometers 25 - 125 F’, Set
2 Sieve, 75 mm, 300 mm diam.
2 Sieve, 37.5 mm, 300 mm diam.
1 Mechanical Sieve Shaker
2 English Ruler
2 Metric Ruler
2 Large Log Book
2 Pencil Sharpener
2 6” Protractor
1 Assorted French Curve Set
2 Claw Hammer
2 Hammer for Pull up Nails
3 Dish Glass

3 6” X 6” Ground Plate Glass

2 Assorted Screwdrivers (Set)
6 Fire Extinguisher (Dry Type)
6 Flash Light and Battery (Good Quality)
6 15” Clip Board
6 Cross Section Paper (Graphiques Canson) - Pad
6 Table Brush
1 10cm Coring Machine with Extra Bits, Set
2 Vacuum Pump
12 Vacuum Pycnometers
1 Plastic Tubing for Vacuum Line, meter
3 Laboratory Tongs
2 Vernier Caliper
3 Brass or Copper Brush
3 Nailbrush (hard bristle)
3 Point Brush 20-50 mm
1 Point Brush 5-10 mm
1 Trolley
3 Refuse Bin
1 Rain Gauge
3 Shovel
3 Spade
3 Steel hammer, 2 Kg
1 Water Still
1 Rapid Moisture Apparatus, Set
XVI. Manuals
1 Set Highway Materials, Part I and Part II, AASHTO, latest edition
1 Set of British Standards (BS) mentioned in the Technical and Particular Specifications.
Table 1409/4 Laboratory Fittings and Furniture
1 Metal Desk, 1.50 m X 0.75 m, 6 -side drawers and 1 centre drawer

1 Revolving Executive Chair
1 File Cabinet, four drawers, lock type, legal size with metal clip hanging files (30 per drawer)
1 Bookcase, 0.30 m X 0.90 m X 0.80 m high, wood or metal
1 Desk Lamp (Fluorescent)
2 Straight Chair
1 Electric space heater
2 Electronic Calculator, Hewlett Packard HP 41 CX, with AC adapter, card reading and printing
set
1 Metal cabinet, 0.40 m X 1.00 m, 1.90 m high, adjustable shelves, lockable
1 Computer, type A, 1 No. wide carriage printer and 1 No. laser printer
2 Telephone extensions and telephones to be provided in the laboratory
2 Fire extinguishers

Table 1409/5 Floor area of Engineer’s Offices

S.No Description Area(m2)
1 RE office 30.00
2 ARE Office 20.00
3 Intermittent Staff Office 20.00
4 Quantity Surveyor Office 20.00
5 Inspector of works Office 20.00
6 Secretary Office 20.00
8 Surveyor room 14.00
9 Radio Operator 12.00
10 Tea Room 12.00
11 Toilets 12.00
12 Store room 10.00
13 Conference room 72.00
Total 262.00
Table 1409/6 Floor area of laboratory
S.No Description Area(m2)

1 Materials Engineer’s Office (Engineer’s) 21.00
2 Soils Laboratory 15.00
3 Curing room 6.00
4 Concrete Testing Laboratory 15.00
5 Oven and soaking room 13.00
6 Sample storage room 10.00
7 Ablution unit 5.00
8 Corridor 56.00
9 General Office 13.00
10 Bituminous Lab 16.00
11 Drying Shed 10.00
Total Area 180.00 m2
1410 MEASUREMENT AND PAYMENT
Anything specified for the Engineer’s facilities shall be deemed to be covered by the relevant items, unless other-
wise, a separate pay item is established in the Bill of Quantity.
Item 14.01 Office building complete as specified including furniture (Tables 1409/1 and 1409/5)
…..LS

Item 14.02 Laboratory building complete as specified including furniture.(Tables 1409/4 and
1409/6)……LS
Item 14.03 Items measured and paid for by the lump sum
Amend sub item b) as follows

a) Office Equipment and supplies as specified including furniture………….LS
b) Laboratory Equipment and supplies as specified including furniture………….LS
Item 14.04 Services and maintenance
a) Fixed costs……………LS
b) Maintenance and Services for offices and laboratories………………..Month
Item 14.05 Vehicles for Engineer and his staff
b) Vehicle type B………….No
“Item 14.06 Provision of fuel and lubricants and the servicing, maintenance, and repair of ve-
hicles for the Engineer and his staff
Amend Sub items b) and e) as follows

(b) Fuel, service, maintain and insurance, for vehicle Type B, based on average 4000km/month/vehicle
....................................................................veh – month
(e) Addition to or deduction from Item 14.06 (a) for additional/reduced vehicle Type B
usage .................................................................................... Kilometer (km)
The measurement for this item shall be based on the cumulative distance travelled by each vehicle.
The item coverage for the tendered rate shall include the following specific requirements:
 Fuel and lubricants;
 Servicing, maintenance and repair.
 Keeping clean inside and out.
Item 14.07 Attendance upon the Engineer and his staff
Amend Sub Items as follows
a) Driver for the Engineer's vehicles………………….man-month

b) Two Chainmen………………….man-month
c) Two Laboratory Assistants………………….man-month
d) Four Cleaners………………….man-month
e) Four Watchman/Security………………….man-month
Item 14.08 Additional office and laboratory equipment ordered by the Engineer
a) Additional equipment. Ordered by the Engineer.................................Provisional Sum (PS)
b) Laboratory testing to be carried out in external laboratory, as instructed by the Engineer

…………………………Provisional Sum

c) Percentage allowed for overhead and profit on items 14.08 (a) and
(b).........................................................................Percentage (%)
Item 14.09 Building, House Type, complete, as specified, including fixtures furniture and equip-
ment (Tables 1409/7 and 1409/8)
Delete this pay item entirely. It is not applicable in this project.
14.10 Items measured by number
Delete this pay item entirely. It is not applicable in this project.
Item 14.11 Temporary facilities for the Engineer

(a) Office fully fitted, furnished and equipped including all services............................Month
(b) Laboratory fully fitted, furnished and equipped including all services..….…..…...Month
Amend sub item (d) as follows

d) Vehicles including all operating costs
i. Two Type B Vehicles........................Vehicle-Month
e) Surveying Equipment………………………..Month
Delete the first paragraph and replace with the following
Add the following at the end,
The rates shall include the provision and maintenance costs associated with the temporary facilities for
the Engineer to be provided to the Engineer.
Item 14.12 Communication Equipment for the Engineer
Amend sub items as follows
(a) Airtime for Engineer’s Staff mobile phone ………………. ……………………month
Payment Requirements
Payment of the lump sum tendered items shall be in full compensation for providing the services speci-
fied.
Payment for items 14.02, 14.03 and 14.04 (a) shall be made as follows:
(1) The first installment, 60% of the lump sum, will be paid in the first payment certificate af-
ter the Contractor has met all his obligations under this section and has made a substantial start with
construction in accordance with the approved program.
(2) The second installment, 30% of the lump sum, will be paid when the value of the work
done reaches one half of the tendered amount, excluding contingencies and price adjustments in terms
of clause of the Conditions of Contract.
(3) The third and final installment, 10% of the lump sum, will be paid when the works have
been completed and the Contractor has fulfilled all the requirements of this section.

Before any payment is made under this sub-item, the Contractor shall satisfy the Engineer that he has
provided camps and constructional plant of good quality on the site, the value of which exceeds that of
the first installment.
Offices and laboratory buildings, shall become property of the Employer upon completion of the con-
tract. Whereas, testing equipments, except furniture, office equipments, computers, accessories, survey
instruments, water supplies and sanitation facilities, and anything else supplied for the use of the Engi-
neer, shall become the property of the contractor.
The tendered amounts shall be full compensation for supplying and erecting the office, laboratory, ac-
commodation, fittings, furniture and equipment as specified in the Specification and for the proper
maintenance and the subsequent removal if required, thereof from the site on completion of the works.
The tendered rates for the various items, scheduled in this Division, shall include full compensation for
providing, procuring, erecting, installing and/or fitting the item or service, as may be required or speci -
fied, for the use of the item or service including replacements when defective, and finally the disman -
tling and removal of each item, if required, including all transport, handling, maintenance, security and
other costs.
For time related cost items, the rate shall continue to be applicable during any extended period of the
construction work, unless other rates agreed by the contracting parties.
Payment under Item 14.05 shall be made in full in the payment certificate following the date of han -
dover of the vehicle to the Engineer.

(F) DIVISION 1500: TRAFFIC MANAGEMENT

1502 General Requirement
(a) General
At the end of the fifth paragraph, add the phrase. “at all times and during all hours”.
1505 Accommodation of Traffic where the Road is constructed in Half-Width
Delete the third paragraph and substitute the following:
The maximum length of a single working lane shall be 200 m and adjacent sections of single lane work-
ing must be separated by not less than 1 km of full width carriageway to permit two-way traffic to stabi-
lize. The temporary diversion shall be a minimum of 4.0 m and 7.5m width for single lane and two lane
two-way roads respectively.

Amend pay item 15.01 and replace with the following
Item 15.01 Construction, repair and maintenance of temporary diversions, accommodating traf-
fic and providing temporary traffic control facilities........Kilometer (km)
The unit of measurement shall be the kilometer measured along the centerlines of temporary diversions
and existing roads used by temporary diversions.
The tendered rate shall include full compensation for:
 Accommodating traffic during construction and maintenance period
 The provision of communications equipment required for regulating the traffic
 Arranging for the moving of services and solving traffic problems
 Complying with the legal requirements of all authorities concerned
 All necessary traffic management required throughout the project period, and
 Specified general requirements and all incidental items of cost related to this pay item which are re-
quired under the provisions of this division
The tendered rate shall include full compensation for clearing and grubbing, all earth work,
grading, shaping, graveling, watering, mixing, compacting and accommodating traffic and
maintaining temporary diversions, including roads constructed in half-widths and existing
roads used as temporary diversions during construction and maintenance periods.
The tendered rate shall also include full compensation for excavating, procuring, furnishing and the
placing all the classes of material, including loading, transporting, off-loading, including the shaping
and leveling of spoil material.
The tendered rate shall also include full compensation for procuring and furnishing new culverts, all ex-
cavations, bedding, laying the culverts and backfilling.

Payment will be made in two equal installments in respect of each section. The first installment will be
made when suitable temporary diversions have been approved for use or when traffic is taken over half-
width construction. The second installment will become due when the traffic can be accommodated on
the new road, all temporary diversions have been obliterated and all general obligations of the contrac-
tor have been complied with, all to the satisfaction of the Engineer.

(G) DIVISION 1600: SOCIAL, HEALTH, SAFETY AND ENVIRON-

MENTAL PROTECTION AND MITIGATION MEASURES
1613 Health, Safety and Accidents
Delete the phrase “Clause 1216” from the last sentence of the second bulletin from the last and replace
by “Clause 1614”
1614 GENERAL STD AND HIV/AIDS ALLEVIATION MEASURES PREVENTION

AND CONTROL PROGRAMME
“The contractor shall provide housing with the required furniture and fixtures and office to the nomi-
nated sub contractor and his cost should be included in other costs of the contractor for Engineer’s facil-
ity and no separate payment will be made to the main contractor.
(a) Scope
This Division covers matters which relate to the General STD and HIV/AIDS alleviation measures to
be undertaken by the Contractor to all the workers and the community along the road corridor. For this
purpose, the Contractor shall assign a specialist Sub- Contractor who can carry out the above services
and have experience of at least three (3) years in the last five years working in a community in collabo -
ration with the Community and local organization on HIV/AIDS. The experience and qualification of
the sub-contractor shall be approved by the Engineer/ Client (ERA) prior to assigning him to the Work.
1. The Contractor is expected to carry out Knowledge Attitude and Practice (KAP) on the current sta-
tus of HIV/AIDS epidemic in the project road areas including the project influenced areas. The tar-
get population of the project shall include all the workers and the community along the road corri-
dor.
Based on the KAP survey finding, the Contractor shall revise the action plan and implement after
the approval of the client.
2. The Contractor shall prepare an action plan for the period of the service, management and monitor-
ing plans. A detailed plan shall be prepared to monitor the implementation of the HIV/AIDS pre-
vention and control activities and the impacts of the proposed roadwork during construction and af-
ter completion. The Contractor should define a few indicators of prevention and control perfor-
mance activities that can be monitored on a regular basis and also indicate the different eligible
stakeholders in place to monitor the activities.
3. The Contractor shall submit activity focused budget break down and result focused proposal as well
as to be ready to hand over activities to the target to assure sustainability.
4. The Contractor shall implement the STD and HIV/AIDS alleviation measures at the project camp-
sites and those communities along the road corridor based on the Government strategic plan.
5. The Contractor shall work on awareness raising activities, establish and train peer educators & Anti
– AIDS Committees based on the number of the beneficiaries.
6. The Contractor shall provide information, education and communication (IEC) campaign about
HIV /AIDS and STD to the project staff and the host communities (Communities with the road in-
fluenced zones) at convenient places, for instance, a Base camp, Satellite camp etc, at least very
two month.
The Contractor shall also put posters, dispatches leaflets and pamphlets. The pamphlets, leaflets and
brochures shall be prepared in the respective project roads area community language (i.e. widely
spoken language) for easy communication and information sharing. In occasions of IEC campaigns

on HIV/AIDS to the roads communities, the Contractor shall take the opportunities to undertake
sensitization of the community on environment and road safety issues to ensure sustainability.
7. The Contractor shall give Voluntary Counseling to the beneficiaries and establish referral system
with nearest Governmental and Non Governmental health institutions and shall pay for voluntary
counseling and Testing Services and pay for treatment of opportunistic infections.
8. The Contractor shall establish network with health institutions (local Government, NGOs, Commu-
nity Based Organizations, Faith Based Organization, Association, etc) working on HIV/ AIDS.
9. The Contractor shall make available at least 120 condoms per year for each members of the above
construction staff and host community. The condoms shall be of the male and female types, which
shall be provided in accordance with gender of the recipient. The condoms shall comply with the
respective current WHO/UN AIDS specification and guidelines.
10. For care and support/nutritional supplement/not less than 500 birr per month for each worker living
with HIV/AIDS has to be included in the project action plan.
11. The Contractor, in collaboration with the Consultant, shall celebrate the “World HIV/AIDS Day”
on December 1 every year and prepare and incorporate all activities carried out on this day in a
monthly or quarterly report.
12. The Contractor shall prepare monthly and quarterly reports and submit to the engineer and the
client based on the format prepared by the client.
13. The Contractor shall closely work with the Consultant and client (ERA) and shall liaise with the
representative of the Woreda Health Office and HAPCO.
14. The Contractor, as part of the contract, shall recruit a sociologist as a coordinator, a nurse as a
councilor and an animator who can speak the local language and deploy in the field. The personnel
shall have the following qualifications.
a) Sociologist
General Qualification
 A min. BA Degree in Sociology /Social Anthropology
 A minimum of 5 years relevant experience in Sociological works
Adequacy for the assignment

 At least 3 years on HIV/ AIDS prevention and control program
 Knowledge of Computer Application Software
 Fluency in English
b) Nurse
 A min. Diploma from Medical College
 A minimum of 3 years relevant experience in the field

 At least 2 years on HIV/ AIDS prevention and control program
c) Animator

 12 Grade Complete

 Experience on HIV/AIDS prevention and control program
 Fluency in Local Language
15. The Contractor, at the end of the project duration, shall hand over all accomplished and started
activities to the local health offices or other organizations working on same procedurally.”
”
1618 MEASUREMENT AND PAYMENT
Anything specified in the General Requirements and Provisions shall be deemed to be covered indi-
rectly in other items, unless otherwise, a separate pay item is established for it hereunder.
Item 16.01 Preparation of Management Plans

Amend Sub Items a) and b) as follows
a) Environmental and Social Management Plan, and Health and Safety Manual including Occupa-
tional Health and safety Program………...............Lump sum (LS)
b) Revisions to Environmental and Social Management Plan…….Number (No.)
The tendered rate shall include full compensation for the preparation and submission of draft plans to
the Engineer and the Employer; and the incorporation of any comments by the Engineer and the Em-
ployer into the final document.
Payment of the lump sum tendered under sub-items 16.01(a) and (b) will be made after approval of the
final Plans has been received from the Engineer and the Employer.
Item 16.02 Provision of Occupational Health and Safety Equipment with Worker
Training.................................. Lump Sum (LS)
The provision of Occupational Safety and Health equipment shall include, but not limited to; protective
clothing; chemically treated mosquito nets; safety helmets; protective footwear; safety glasses; welding
goggles and other eye protectors; ear protectors; safety harnesses; high visibility reflective vests; safety
equipment for working over water; rescue equipment; and fire extinguishers. Training shall be given by
the Contractor to the Contractor’s staff including those of the Sub-Contractors, the Engineer’s site staff
and all other persons entitled to be on the Site to the satisfaction of the Engineer.
Payment of the lump sum tendered under this item shall be made, as follows:
 The first installment (20% of the lump sum) shall be paid in the first payment certificate after
the Contractor has distributed the required Safety and Health equipment and provided the re-
quired training to workers to the satisfaction of the Engineer;
 Subsequent installments (60% of the lump sum) will be paid in installments throughout the
contract based on a training schedule approved by the Engineer. Each payment shall include the
distribution and supply of the required Safety and Health equipment and the provision of the re-
quired training to workers prior to the contract completion date;
 The final installment (20% of the lump sum) shall be paid on the issuance of the “Taking over
Certificate” to the Contractor.
Amend Item 16.03 as follows

Item 16.03 (a) Provision of a suitably equipped and staffed Clinic in the main construction camp;
and the provision of first aid equipment, kits and medical supplies, sick bay and a suitable ambu-
lance service at all camps on the site.................................. Lump Sum (LS)
Item 16.03 (b) Maintenance of clinics and first aid kits with all necessary medicines and medical
equipment….…….months
Payment of the lump sum tendered under this item shall be made in three installments, as follows:
 The first installment (80% of the lump sum) shall be paid in the first payment certificate after
the item is provided, erected, fitted or installed to the Engineer’s satisfaction;
 The second installment (10% of the lump sum) shall be paid in the first payment certificate af-
ter the value of all permanent work done, excluding escalations, exceeds one-half (½) of the
tendered amount;
 The third installment (10% of the lump sum) shall be payable in the payment certificate which
follows the removal of all items from the site.
The payment for the lump sum tendered under this item shall be in full compensation for providing,
procuring, erecting, installing and/or fitting the item or service as may be required or specified for the
use of the item or service including replacements when defective; and all transport, handling and other
costs.
The tendered rate shall include full compensation for the provisions of stocks of medicines and medical
equipment of scope, quantity, and standard deemed adequate by appropriate medical authority and
keeping such stock and equipment replenished and in a good order.
Item 16.04 Watering of the road under construction, temporary diversions, and access and haul
roads at settlement areas………………….km
The unit of measurement of shall be kilometer. The measurement shall be the total of the sum of the
lengths of the road under construction, diversions, and access and haul roads watered once.
The tendered rate shall include full compensation for the supply, transport and application of the water.
Watering will be paid if it is performed in the dry season upon the Engineer’s Instruction and satisfac-
tion. Water required for the construction of temporary diversions and access and haul roads will not be
measured for payment.
Item 16.05 STD and HIV/AIDS Prevention and Control Programme
a) Preparation of action plans on STD and HIV/AIDS alleviation measures, provision of infor-
mation and educational materials, counseling and testing services and establishment and
training of peer educators and Anti-AIDS Committees……… Provisional Sum (PS)
b) Percentage allowed for overhead and profit on item 16.05 (a) ................................%
The provisional sum shall include but not be restricted to:

 Provision of educational materials, posters, leaflets, pamphlets, brochures and condoms to the
project staff and the host communities;
 Provision of Information, Education and Communication (IEC) campaign on STD and HIV/
AIDS including celebration of the ¡§World HIV/AIDS Day¡¦¡¦ by the project staff and the host
communities;
 Provision of Voluntary Counselling and Testing services to the project staff and the host com-
munities and treatment of opportunistic infections;
 Provision of nutritional supplement for each of the project staff living with HIV/AIDS;

 Subsistence allowance, accommodation and office for the professional staff of the STD and
HIV/AIDS Sub-Contractor.
The provisional sum shall be paid by the main Contractor to the nominated Sub-Contractor in install-
ments against outputs and activities of the action plan agreed between the Sub-Contractor and the Con -
tractor; and approved by the Engineer.
Payment of the Contractor’s overhead in Pay Item 16.05 (b) shall be paid in installments as a percent -
age of the Sub-Contractor’s invoice against outputs and activities of the action plan agreed between the
Contractor and Sub-Contractor and approved by the Engineer.
Item 16.06 Liaison with Communities and Local Authorities

a) Establishment and management of a Project Liaison Committee (PLC) approved by the En-
gineer including the organization of public meetings and project related notices to the Com-
munity………………Provisional Sum (PS)
b) Percentage allowed for overhead and profit on item 16.06 (a)……………….%
This item provides for a provisional sum for the establishment and management of a PLC and shall in -
clude the provisions of Clause 1615.

SERIES 2000: SITE CLEARANCE
(H) DIVISION 2100: CLEARING AND GRUBBING

2103 EXECUTION OF WORK
(a) Areas to be Cleared and/or Grubbed
In the first paragraph first line add “plus three meter either side” after the words “road prism”
Add the following paragraph at the end:
By way of penalty for damage inflicted on designated trees the Contractor shall plant ten new trees for
each designated tree damaged. The new trees shall be of a species approved by ERA’s Environmental
Management Team and shall be planted in a location or locations approved by ERA. The new trees
shall be grown from seed and transplanted at a suitable age to the location selected for planting. The
transplanted trees shall be protected from damage by fencing of a type approved by the Engineer for
any period designated by the Engineer up till the end of the maintenance period. The protective fencing
shall be dismantled and removed from site when designated by the Engineer. After transplanting to site
the Contractor shall care for trees by appropriate feeding and watering to the approval of the Engineer.
Any transplanted trees which fail to take root shall be removed and replaced as directed by the Engi-
neer.
No additional payment shall be made for these activities. The cost of replacing damaged trees and car-
ing for the transplanted replacements as above shall be wholly at the cost of the Contractor.
(I)

Item 21.01 Clearing and grubbing………………………..…Hectare (ha)
Delete the third paragraph and substitute with:
The tendered rate shall include full compensation for all work necessary for the clearing of the surface,
the removal and grubbing of vegetation, bushes, trees up to 1 m girth and tree stumps and roots, cutting
of branches, backfilling and compaction of all holes and cavities, demolishing, breaking up and disposal
of walls and superficial structures to existing ground level; making good to severed ends of existing
fences and walls; protection from damage of all vegetation and objects designated to remain; and the re -
moval, transporting and disposal of non- reusable material all as specified in this Division.

(J) DIVISION 2200: DEMOLITION, REMOVAL, DISPOSAL, STORAGE, OR

CLEANING OF EXISTING STRUCTURES AND INSTALLATIONS
Item 22.05 Removal of existing road pavements…………..m2
The measurement for the removal of an existing road pavement shall be the square metre of the the plan
area of the existing carriageway removed with a depth as instructed by the Engineer.
The tendered rate shall include loosening or breaking up of material by any means; cutting through re -
inforcement; loading into transport; protection of the sub grade; replacing material deemed to be unsuit-
able by the Engineer; selection, separation, multiple handling and transportation of material; over-break
and making good; forming and trimming side slopes, benching, berms, trimming the bottom and sides
of excavations and clearing away loose material; taking precautions to avoid damage to property; and
haulage disposal or temporary stockpiling, including the provision of sites for stockpiles.
Item 22.06 Removal of existing Concrete and Masonry structures
a) Plain concrete ........................................................................................cubic metre (m³)
b) Reinforced concrete ...............................................................................cubic metre (m³)
c) Masonry Structures - mortared ...............................................................cubic metre (m³)
a) Masonry Structures - dry …………….……….…......................................cubic metre (m³)
The unit of measurement shall be the cubic metre of existing concrete or masonry structures removed.
Payment shall distinguish between plain and reinforced concrete and mortared and dry masonry.
The tendered rate shall include loosening or breaking up of material by any means; cutting through re -
inforcement; precautions to avoid damage to property, structures, sewers, drains and services; loading,
multi-handling, transport and disposal of material; and protection and relocation of existing public utili -
ties.
SERIES 3000: DRAINAGE STRUCTURES
(K) DIVISION 3100: OPEN DRAINS, CASCADES, BANKS, DYKES AND SUB-
SOIL DRAINS
3101 SCOPE
Add the following at the end:
This Division also covers all work in connection with the excavation and construction of roadside lined
drainage trenches. No over hauling shall be paid in this Contract. Any references to free haul in this di-
vision are null and void.
Item 31.01 Excavation for Open Drains
Under this pay item, delete sub item (a) entirely and substitute the following:

a) Excavating soft material irrespective of depth …………cubic meter (m3)
b) Extra over sub item 31.01(a) for excavation in hard material, irrespective of depth……… cubic
meter (m3)
Delete the fourth paragraph and replace the following:
The total quantity of excavated material irrespective of the depth range shall be measured and paid.
Replace the fifth paragraph with the following:
The tendered rate shall include full compensation for the excavation of material to the required lines,
levels and grades; compaction of the excavated material on the down side of the open drain as indicated
under 3104; provision of satisfactory shape for the flow lines to provide drainage to the outlet and the
disposal of the material as approved by the Engineer.
Item 31.12 Concrete outlet structures, manhole boxes, junction boxes and cleaning eyes for sub -
soil drainage systems
b) Manholes boxes ..................................................................................................number (No)
The unit of measurement shall be the number of outlet structures, manhole boxes, junction boxes and
cleaning eyes for subsoil drainage systems constructed in accordance with the details on the Drawings
and the Engineer's instructions.
The tendered rates shall include full compensation for all excavations; backfilling; compacting to 90%
of modified AASHTO density; disposing of surplus excavated material; keeping the excavations safe;
dealing with any surface or subsurface water; procuring and furnishing all materials; providing, erecting
and removing formwork; mixing, transporting, placing and curing the concrete; and all labour and con-
struction plant required for constructing the concrete outlet structures, manhole boxes, junction boxes
and cleaning eyes; complete as specified.
(L) DIVISION 3200: CULVERTS AND APPURTENANT STRUCTURES

3210 BEDDING AND LAYING OF PREFABRICATED OR CAST IN-SITU PIPE
CULVERTS AND DRAINS
(a) Concrete Pipe Culverts and Drains
ii) Class B and Class C Beddings
Class B pipe bedding material shall be a granular material having a grading within the following limits:
Sieve Size (mm) Percentage Passing

37.5 100
30 95 - 100

The soluble sulphate content of granular material shall not exceed 2g sulphate (as SO 3) per liter when
tested in accordance with Test No. 10 of BS 1377.
(M)
Item 32.01 Excavation
Under this pay item, delete sub item (a) entirely and substitute the following:
(a) Excavating soft material irrespective of depth ranges below the surface level
……………………..............cubic meter (m3)
(b) Extra over sub item 32.01(a) for excavation in hard material, irrespective of
depth………………………...cubic meter (m3)
Add the following to the end of the first paragraph:
“Payment under this item shall include for all excavation covered by Division 3200 including but not
limited to excavation of unsuitable material below culverts and excavation for inlet and outlet struc-
tures.”
Item 32.02 Backfilling
a) Using the excavated material..........................m3

b) Using imported selected material..........................m3
c) Selected Granular Backfill..........................m3
Add the following to the end of the first paragraph:
“Payment under this item shall include for all backfilling covered by Division 3200 including but not
limited to the backfilling of voids created by the removal of unsuitable material.”
Item 32.03 Concrete Pipe Culverts
a) On class "B" bedding
i. 42" dia pipes for side drain under walkways………….. meter (m)
ii. 42" dia pipes ....................................................................meter (m)
iii. 48" dia pipes ....................................................................meter (m)
Add the following sentence next to the last paragraph:

No distinction in payment shall be made between new construction and extension works.
Item 32.06 Cast in- situ concrete and formwork

Delete sub item (b) and replace the following:
b) Inlet and outlet structures and skewed ends including formwork, false work, joints with class
F2 surface finish

i. Class C-25 Concrete for Culverts (box/slab)..........................................cubic meter (m3)
ii. Class C-20/20 Concrete for footing of RC Slab Culvert...............cubic meter (m3)
iii. Class C-15/20 Concrete for footing of RC Slab Culvert....................................cubic meter (m3)
Delete the text under this pay item and replace with the following
The tendered rates shall also include full compensation for procuring and furnishing all materials re-
quired, erecting the false work and formwork, constructing the forms, forming the grooves, fillets,
chamfers and stop-ends for construction joints, treating and preparing the forms, all bolts, nuts, ties,
struts and stays, curing, stripping and removing the formwork after completion of the work, all labour,
equipment and incidentals, rubbing and surface treatment, all type of class (F2) finish works for the slab
and box culverts.
No distinction in payment shall be made between new construction and extension works.
Item 32.09 Steel Reinforcement

Amend sub item (b) as follows:
a) Mild tensile steel reinforcement Grade 40 in culverts…..ton (t)
(N) DIVISION 3300: KERBING, CHANNELING, OPEN CHUTES, DOWN

PIPES AND LINING FOR OPEN DRAINS
3302 KERBING AND CHANNELING
b) Material Requirements for Kerbing and Channeling
(iii) Concrete for Kerbing and Channeling

In the first and second paragraph delete “C 25/20 Concrete” and replace with “as specified on the draw -
ing”
(O)
Item 33.01 Kerbing
Amend sub item (a) as follow:
a) Concrete Kerbing C – 25
i) Concrete Kerbing (Type A) in-situ concrete in urban sections as shown in the typical
roadway sections, including form work…………….…...linear meter (m)
ii) Concrete Kerbing (Type B) in-situ concrete in urban sections as shown in the typical
iii) Concrete Kerbing (Type C) in-situ concrete in urban sections as shown in the typical
Item 33.09 Kerbing-Channelling Combinations

Amend Sub item a) as follows

a) Cast in situ concrete lining for open drains (Class C20) with U2 surface finish............m3
Item 33.10 Formwork to cast in situ concrete lining for open drains (class F2 surface fin-
ish)
Amend Sub item a) as follows

a) To sides with formwork on the internal face only............m2
c) To ends of slabs...........m2
Item 33.17 Paved Drains in Urban Areas and Reinforced Drain Covers
Amend sub item (a) and (b) as follow:

a) U-shaped drains in urban areas (as per Drawings)
i – Stone Masonry ….…....…...linear meter
b) Reinforced Concrete Drain Covers (as per Drawings)

i. Reinforced Class A concrete drain cover including concrete support, reinforcement and form
work as shown in the drawing for pedestrian crossing size (as per the drawing)................... No.
ii. Reinforced Class A concrete drain cover including concrete support, reinforcement and form
work as shown in the drawing for vehicle crossing (as per the drawing).................. No.
(P) DIVISION 3400: STONE PITCHING, MASONRY, PRECAST CONCRETE
BLOCK AND RIPRAP
3402 Materials
a) Stone
ii) Rip Rap
Amend the first sentence of the second paragraph as follows:

The “critical mass” for stone pitching blocks used on this project shall be 15kg.
3405 Stone Masonry Walls

 (c) Cement mortared stone masonry walls
Add the following at the end of the second paragraph:
A permeable filter material in accordance with Clause 3402(g) shall be provided at the rear face of
weep holes all as shown on the drawings or as directed by the Engineer.

(Q)
(R) ITEM 34.01 STONE PITCHING
Amend sub item b) as follows
b) Grouted Stone Pitching for culverts ………………………square meter (m2)

 Item 34.03 Stone masonry walls

Amend Sub Item b) as follows
b) Cement mortared stone walls (class B) for culverts ……………………...cubic meter (m 3)
SERIES 4000: EARTHWORKS AND MATERIAL STABILIZATION

(S) DIVISION 4100 PREPARATION OF ROAD BED
4101 GENERAL
a) Scope
This section also covers the work involved in disposing of spoil materials. In accordance with Division
1700 overhaul will not be paid on any item under any Division of the Standard Technical Specification.
The unit rates, bid by the bidder, are deemed to cover all haulage costs over any distance throughout the
project. Any reference to free haul and overhaul elsewhere in the Standard Technical Specification
should be considered null and void.
(T)
4102 Construction Requirements for the Preparation of the Roadbed

(b) Shaping and Compaction of the Roadbed on Suitable Material
Delete the figure "93%" in the third line of the first paragraph and first line of the second paragraph.
4103 Treatment of the Existing Ground and of the Road Bed in Cuttings
The title of clause 4103 shall be read as:
4103 TREATMENT OF THE EXISTING GROUND IN FILL AND THE ROADBED MATERI-
ALS IN CUT
a) Removal, Disposal, and Replacement of Unsuitable Material

Delete the Second bulletin under the second paragraph and replace the following;
 Clay material having a Liquid Limit (LL) exceeding 60; or a Plasticity Index (PI) exceeding 30;
or CBR value less than 5 % at 95% of modified AASHTO compaction (AASHTO method T-180) after
4 days soaking; or a swell value of more than 2% (with two surcharge rings) when determined in accor-
dance with AASHTO T-193 at 95% of modified AASHTO compaction.
Add the following at the end of the first sentence of the third paragraph:
Where the depth of unsuitable material is greater than 1m, the unsuitable materials are to be re -
moved to a depth of 600mm to 1000mm below the ground level and shall be determined by the Engin-
eer depending on likelihood of ponding, duration of ponding, depth of moisture fluctuation and swell
potential nature of the clay. Where the unsuitable material does not exceed 1 meter in depth, the unsuit-
able material shall be removed to full depth. Use the removed unsuitable material for the flattening of
side slope in accordance with Clause 4405 and as shown on Drawings. When unsuitable material is

ordered to be removed and replaced, the soil left in place shall be compacted to a depth of 15 cm to the
density prescribed in Clause 4102 (b) except expansive clay where the compaction must be done to wet
side of the optimum moisture content (+2% to +3%). Payment for such compaction shall not be made
directly but shall be considered as a subsidiary obligation in compliance with item 41.01.
Add the following at the end of the third paragraph after the word “materials”.
“in a manner and to the depth as desired by him at the cost of the Contractor.”
Delete the fourth paragraph with its bullets and replace with the following
Certain precautions should be observed in the excavation and replacement process especially for the ex -
pansive soil type so that moisture fluctuations are brought to the absolute minimum. This can be done
by excavating and replacing the excavated section with suitable material within a day. In addition the
compaction must be done within +3% of optimum moisture content. The material to be used for re-
placement shall have the following properties:
 It shall have a minimum soaked Californian Bearing Ration (CBR) of not less than CBR value 8%
and a swell value of not more than 2% (with two surcharge rings) when determined in accordance
with AASHTO T-193.
 The plasticity index shall not be greater than 30 when determined in accordance with AASHTO T-
89/90.
 The liquid limit of the material shall not exceed 60% when determined in accordance with
AASHTO T-89/90
4104 Capping or Selected Layers
Delete the first and second paragraphs and replace with following:
Capping layer shall be provided over weak or poor quality sub grade in cut or fill situations as shown
on the drawing using materials complying with the below listed requirements. The capping layer shall
be constructed in accordance with the requirements of Clause 4403.
Add the following next to the third paragraph;
Suitable Material for capping layer
(a) California Bearing Ratio

The fill material shall have a minimum 4-days soaked Californian Bearing Ratio (CBR) of not less than
15% and a swell value of not more than 1.5% (with two surcharge rings) when determined in accor-
dance with AASHTO T-193.
The Californian Bearing Ratio (CBR) shall be determined at a density of 95% of the maximum dry den-
sity determined in accordance with the requirements of AASHTO T-180 method D.
(b) Liquid Limit (LL) and Plasticity Index (PI)

The fill material shall have a liquid limit not exceeding 60% and a plasticity index not exceeding 25% when de-
termined in accordance with the requirements of AASHTO T-89 and T-90.

(c) Particle Size

The fill material shall not contain particles with a maximum dimension exceeding two-thirds of the
thickness of the compacted layer, except in the case of rock fill.
The minimum grading modulus for material to be used for capping layers shall be 0.75
(d) Compaction
The capping layer of the embankment fill that constitutes the sub grade layer shall be compacted to a
minimum 95% of modified AASHTO density as shown on the Drawings, or as instructed by the Engi-
neer.
4106 Problem Areas

Amend the material for backfilling as specified in Clause 4103(a).
Delete Item 41.01 entirely. Payment for removal of unsuitable material and replacement with suitable
material shall be made under 42.01 and 42.03 respectively.

Item 41.02 Road bed preparation and compaction
a) Compaction to 95% of modified AASHTO density...........................cubic metre (m³)
Delete the first paragraph and replace with the following
The unit of measurement shall be the cubic meter of roadbed material prepared and compacted
95% of modified AASHTO density. The quantity shall be calculated in accordance with the au-
thorized dimensions of the completed layers.
(U) DIVISION 4200: ROADWAY AND BORROW EXCAVATION

4204 Classes of Excavation
Delete Sub Clause 4204 in its entity and replace with the following;
Under this contract classification or distinction of excavation shall not be made for Common (Normal)
or Intermediate or Rock (Hard) Excavation, the risk of classification shall be quantified by the Contrac-
tor and be included in his rate under work item for Cut to spoil material obtained from Common (Nor -
mal), intermediate and Hard (Rock) excavation.
The Contractor shall accept the payment for the price tendered by him in the Bill of Quantities, for all
excavated materials, which are obtained from Common (Normal), intermediate and Hard (Rock) exca-
vation under singe work item payment in full for executing and completing the work as specified in the
specification, for procuring and furnishing all materials, labour, supervision, plant, tools and equipment,
for wastage, transport, loading and offloading, handling, maintenance, temporary work, testing, quality
control including process control, risk and other obligations and for all other incidentals necessary for
the completion of the work item cut to spoil shall be measured under bill item 42.03.
4206: Method of Classifying
Delete section 4206 entirety and replace with the following;

Classification of excavated material shall not apply and hence there is only one classes of material.
However, the Engineer is at liberty to decide on the cut slopes depending upon the nature of the cut ma -
terials with respect to slope stability. The Contractor is responsible to use any appropriate method of ex-
cavation.
4207 Construction Requirements for the Excavation of Cuttings
 (a) Equipment

Add the following sentence at the end of the paragraph:
The equipment shall not be less than that designated for that purpose in the Contractor’s program and
plant list approved by the Engineer.
(c) Dimension of Cuttings
Add the following sentence at the end of the second paragraph:
The cost of rectifying defects due to cutting in contrary to the specified dimensions, level, or slopes
shown on the drawings or authorized by the Engineer shall be to the contractor’s own account.

a) General Directions
(ii) Material from Commercial Sources

Delete this sub-clause entirely.
(iii) Work in Restricted Areas

Delete the paragraph under this sub-clause and Replace with:
Any additional costs involved in working in restricted areas are deemed to be included in tendered rates
for earthwork items and no separate measurement and payment shall be made.
Item 42.01 Cut and Borrow to Fill
a) Cut to fill material
(iii) Compacted to 95% of modified AASHTO density .........................cubic metre (m3)
b) Borrow to fill material (including all specified borrow pit requirements under Division 4300)
(iii) Compacted to 95% of modified AASHTO density .........................cubic metre (m3)

c) Rock fill (prov) .........................cubic metre (m3)
Delete pay item 42.02 entirely. No extra over payment shall be made for breaking down materials. The
cost deemed to be included in the relevant rates tendered for pay item 42.01.

Item 42.03 Cut to spoil irrespective of depth and nature of material including all haul… cubic me-
tre (m3)
On the 2nd and 3rd line of Second paragraph of the narration, replace “10km” by “entire”

Delete pay item 42.04 entirely. No separate payment shall be made for stockpiling of materials; the
cost is deemed to be included in the rates tendered for relevant earthwork items.
Delete pay 42.05 item entirely. No separate payment shall be made for widening of cuts; this work
shall be paid under pay item 42.01 or 42.03, as the case maybe.
Delete pay item 42.06 entirely. No separate payment shall be made for crushing or screening; the cost
is deemed to be included in the rates tendered for relevant earthwork items.
Item 42.04 Stockpiling of material
Delete Item 42.04 Stockpiling of material.
The item shall be considered as subsidiary obligation of the Contractor under other billed items. The
cost of stockpiling materials shall be accounted in other bill item rates.
Delete Item 42.05 and Item 42.06 in their entirety.

Item 42.03 Cut to spoil irrespective of depth and nature of material including all haul… cubic me-
tre (m3)

(V) DIVISION 4300: BORROW MATERIALS

4301 Scope
Add the following at the end of the paragraph:
Performance of work prescribed in this division is not payable directly. All costs involved in obtaining,
opening up, exploiting and reinstating borrow pits is deemed to be included in the tendered rates for
various items under the Bill of Quantity.
All reference to payment in Clauses 4302 and 4303 are deleted.

4302 Obtaining of Borrow Materials
(b) Use of Borrow Materials
Delete the existing paragraph and replace with:
Approval of a borrow pit and its material product(s) by the Engineer will not alleviate the Contractor of
his obligation to make full and effective use of all available suitable materials won from the cut opera -
tions at site.

Delete pay items under this division entirely. No Separate payment shall be made for these activities.
They are deemed to be included under related pay items.

(W) DIVISION 4400: EMBANKMENT CONSTRUCTION
4402 Material Requirements for Construction of Embankment in Suitable Materials

(b) Californian Bearing Ratio (CBR)
Delete the paragraph in its entirety and replace with the following:
The fill material shall have a minimum soaked CBR of not less than 8% and a swell value of not more than 2%
(with two surcharge rings) when determined in accordance with AASHTO T-193 at a modified AASHTO density
of 95% of the maximum dry density determined in accordance with the requirements of AASHTO T-180 method
D.

Add the following after fourth paragraph.
Widening and compaction of fills as specified in Clause 4405 is not payable as this shall be considered as covered
under Pay Item 42.01.
Spoiling of unsuitable material from benching is not payable as this shall be considered as covered under Pay Item
41.01.
Delete pay items 44.01, 44.02, & 44.03 entirely. No Separate payment shall be made for these activi-
ties. They are deemed to be included under related pay item.
Amend item 44.04 as follows

Item 44.04 Capping Layer ..........................................................cubic meter (m³)

SERIES 5000: SUB-BASE, ROAD BASE AND GRAVEL WEARING COURSE
(X) DIVISION 5100: SUB-BASES

5103 MATERIAL SOURCES FOR SUB-BASES
Delete the contents under this sub-clause and replace the following:
The material to be used for the construction of sub-base layers shall be natural gravel, crushed stone or combina -
tion of natural gravel with crushed stone.
5104 Material requirements Sub-base

(a) General
Add the following new sentences at the end of the first paragraph:
All oversized material shall be removed by using screens at the borrow area or other suitable method proposed by
the Contractor and approved by the Engineer. Manual removal of oversize material anywhere may not meet with
the approval of the Engineer.
(b) Particle Size Distribution and Shape
Replace the first sentence of the paragraph by the following
The sub-base material shall comply with, grading requirement A for natural gravel and grading requirement of B
for crushed stone as shown in Table 5104/1.
Add the following at the end of the Sub-clause:
If the natural material available does not meet the specified grading requirements, it shall be screened; crushed
and screened; or blended as required to meet the grading requirements.
(c) Plasticity
Replace the paragraphs with:
All natural sub-base materials shall have a maximum Plasticity Index of 12% when determined in accordance with
AASHTO T 90 and linear shrinkage less than 6.
If the natural material available does not meet the plasticity index-grading requirement above, it shall be screened
and blended to meet this plasticity requirement.
Crushed stone sub-base shall have a Plasticity Index of less than 6% when determined in accordance with
AASHTO T 90.
(d) Density and strength
Add the following at the end of the paragraph:
The CBR-swell (%) determined by AASHTO T-193-93 shall not exceed of 1.5%.
(e) Use of Laterite as Sub-base

Delete in its entirety.
(f) Sub-base Materials for Low Volume Roads

Delete in its entirety.

Add the following new sub-clauses (g) to (i) at the end:
(g) Compaction requirements
The minimum in- situ dry density of sub-base material shall be 97% for material not chemically stabi-
lized for the layers in terms of a percentage of modified AASHTO density.
(h) Liquid Limit (LL)
The sub-base material shall have a liquid limit not exceeding 45% when determined in accordance with
the requirements of AASHTO T-89 and T-90.
(i) Linear shrinkage

The linear shrinkage shall not exceed 6.
5105 CONSTRUCTION REQUIREMENTS

(a) General
In the third paragraph fifth line compaction shall be “97 percent”
5110 TESTING
(b) Routine Inspection and Testing
Delete the 2nd paragraph and replace with the following density requirement as follows
Minimum density for any sin-
Specified density (% of Number of Minimum mean density (% of
gle test (% of AASHTO T 180
AASHTO T 180 MDD) tests per lot ASSHTO T 180 MDD)
MDD)
3&4 97.6 94.0
97 (unstabilized) 5 97.8 93.7
6 97.9 93.5

The tendered rate for the specific pay item shall include the general requirements of Series 0000.
Item 51.01 Sub-base layer constructed from natural gravel or crushed stone
Amend sub item a) as follows

(a) Gravel sub base (unstabilized gravel) compacted to
ii) 97% of modified AASHTO density (compaction layer thickness maximum 200mm.....................cubic meter
(m3)

The unit of measurement shall be the cubic metre of compacted pavement layer, and the quantity shall
be calculated from the authorized dimensions of the completed layer.
The tendered rates shall include full compensation for procuring, any haul, crushing, screening and
blending (if any), placing, mixing (if deemed necessary) and compacting the material to the desired fin -
ished property, and for the removal, transporting and disposal of oversize material. The tendered rates
shall further include for the protection and maintenance of the layer and the conducting of control test-
ing, all as specified.
Additional payment will not be made for any additional costs involved in taking material from classes
harder than soft excavation or for any additional costs for processing such material in the pavement lay-
ers.
Additional payment shall not be made for work in areas inaccessible to mechanical equipment, any re -
stricted areas or any other areas.
(Y) DIVISION 5200: ROAD-BASES

5201 Scope
Delete this Sub-clause and replace with:
This division covers the specification of materials for, and the construction of, crushed aggregate base
course layer from approved base materials.
5203 Materials
(b) Road Base Material Types
Delete and replace with:

The materials used for the construction of road base layers shall consist of crushed fresh quarried rock
extracted from good and sound parent rock formation and meet the requirements to GB1 material.
5204 Material Requirements for Crushed Stone

b) Particle size distribution and Shape
Replace the first sentence of first paragraph with:
The combined grading of the material shall be a smooth continuous curve falling within the grading
limits shown in Table 5204/1 with the nominal size of 37.5mm when determined in accordance with the
requirements of AASHTO T-27.
Replace the second sentence with the following
The flakiness index determined in accordance with BS 812, Part 105 or ASTM D 3398 shall not exceed
35 per cent.
C) Plasticity Index
The plasticity index shall be maximum 6%.
d) Density, Strength and Durability

Replace the second paragraph with the following
When compacted in the laboratory to 98% of Modified AASHTO density, the material should have a
minimum CBR of 100% after four days immersion in water (ASTM D 1883).
Replace second sentence of Sixth paragraph with the following
The ACV shall be less than 29% which equates directly to the normal AIV value from BS 812, Part
112, 1990.
Replace the seventh paragraph with the following
The Los Angeles Abrasion value, determined by testing in accordance with AASHTO T96 shall not ex-
ceed 35% at 500 revolutions.
5205 Material Requirements for Natural Gravel

Delete Clause 5205 in its entirety.
5206 Material Requirements for Dense Bitumen Macadam Base
5208 Construction Requirements for Crushed Stone Base
(c) Placing and Compaction
Add the following before the first paragraph.

The layer underling the crushed aggregate base course layer shall comply with all requirements to that
layer before construction of the crushed aggregate base course layer shall be allowed. Should the under-
lying layer be wet, placing of the crushed aggregate base course shall await the drying of the underlying
layer before placing the crushed aggregate base course shall be permitted.
Add the following after the fourth paragraph.

The Contractor shall during all processes of handling the crushed material take all necessary precau-
tions to avoid segregation. This shall include stockpiling operations, wetting as necessary to avoid dust
nuisance and segregation, loading and hauling operations, off-loading operations and placing the mater-
ial. Spreading using graders shall not be permitted.
e) Stabilization
Delete this sub-clause in its entirety.
f) Traffic on Road base
Add the following paragraphs at the end:
The Contractor shall program his work in such a manner to avoid traffic making use of the completed
road base or provide a diversion road where possible. However, where traffic using the completed road
base has been requested by the Contractor and approved by the Engineer, the period when traffic is us -
ing any stretch of completed road base shall be minimized and the Contractor shall maintain and recon -
dition the road to its designed level and quality at his own cost.

Prior to laying the bituminous surfacing, the Contractor shall request an inspection by the Engineer of
each section of road base which has been used by traffic. The inspection shall be as directed by the En -
gineer. Any corrective works required by the Engineer shall be noted on the request form and returned
to the Contractor who shall carry these out prior to submitting a request to proceed with laying the sur -
facing.
Add the following new sub clause:
g) Control Testing
The minimum testing frequency, in addition to source approval, that will be required from the Contrac-
tor in terms of clause 1202 for the purpose of process control shall be as shown in Table 5200/6.
Table 5200/6 Testing Frequency

One Test Every Minimum Number of Test
Test after Processing and Compaction
Per lot
Field Density and OMC 2510m2 5
Materials 2
Atterberg limits and grading 2510m 5
Surface Levels 20m 3 points per cross section
Construction Base layer thickness 20m 3 points per cross section
Tolerances Base layer width 20m -
Smoothness (Cross Section) 20m -
(Z)
5209 Construction Requirements for Natural Gravel Road Base
5210 Construction Requirements for Dense Bitumen Macadam Road Base
5211 Construction Tolerances
Add the following Sub-clauses at the end of the clause.
(f) Gradation Tolerances
The combined, gradation including tolerances shall be as specified in Table 5200/1, i.e. the specified
gradations are including application of tolerances.
(g) Compaction Tolerances
The in-situ compaction degree specified in Sub-clause 5208 (b) is a minimum value to be respected by
all process control tests.

Item 52.01 Base layer construction

(a) Crushed stone base (GB1) compacted to

i) 98% of modified AASHTO density (compaction layer thickness maximum 200 mm)
……………………………………….… m3
Delete the paragraphs and replace with the following
The unit of measurement shall be the cubic metre of compacted crushed aggregate base course, and the
quantity shall be calculated from the authorized dimensions of the completed layer as shown in the
drawings or directed by the Engineer.
The tendered rates shall include full compensation for procuring, crushing, screening, transporting to
any haul distance, placing and compacting the material to the desired finished lines, grades and levels,
and for the removal, transporting and disposal of oversize material. The tendered rates shall further in-
clude for the protection and maintenance of the layer and the conducting of control testing, all as spe-
cified.
Additional payment will not be made for work in areas inaccessible to mechanical equipment, any re -
stricted areas or any other areas.
Construction of trial section as specified shall be deemed to be included in this item and shall not entitle
separate and extra payment to the Contractor.
Delete pay item 52.02 entirely. The costs involved in these operations are deemed to be included in
the tendered rate for item 52.01.

SERIES 6000: BITUMINOUS SURFACING AND ROAD BASE
(AA) DIVISION 6100: BITUMINOUS PRIME COAT

6102 Materials
(a) Priming Material
Delete the contents of this Sub-Clause and replace with:
Priming material shall be MC-30 cutback bitumen complying with AASHTO M82 or as directed by the
Engineer. Moreover, as part of routine control in the field the Saybolt Furol viscosity test shall be run in
accordance with AASHTO T 72, and the viscosity at 25°C (77°F) shall be 75 to 150s.
6108 Application of the Prime Coat

Delete the first paragraph of this Sub-clause and replace with:
Prime coat shall be applied with a spray rate of 0.8 litre/m2 - 1.2 litre/m2 with MC-30 medium curing
cut-back bitumen. For tender purpose a spray rate of 1.0 litre/m2 has been assumed. The exact rate of
application, which may be varied to suit field conditions, will be determined by the Engineer following
trials to be carried out by the Contractor. Those trials shall be performed to the full satisfaction of the
Engineer and shall not be less than 50 lm length and the full width of one lane. Recommended spraying
temperatures are given in Table 6106/1.
6110 Tolerances
Delete the text and replace with:
The variation from the target rate for any tray within the effective width shall not differ by more than
15%. Further, the mean amount of any four (4) adjacent trays within the effective width shall not differ
from the target by more than 10%.
6111 Testing
Delete the entire Clause and replace with:
Type, amount and application method shall be approved by the Engineer after trial application with
low, medium and high application rates on short test sections prior to commencement of the works.
The actual spray rates shall be checked daily by the Contractor by 1 (one) tray test per 750 m 2. The min-
imum number of tests to be performed per production day irrespective of size of area being sprayed is
4. The weight of prime coat sprayed onto each tray shall be converted to litre/m 2 for each tray using the
appropriate density of bitumen and the area of the tray.
In addition to the certified test reports received from the Manufacturer of the prime coats, the prime
coat quality shall be tested in the Site laboratory once per month according to AASHTO M 82.
During execution of the Works the Contractor shall give the Engineer at least 24 hours notice of his in-
tention to spray prime coat material so that the actual spray rates can be controlled by the Engineer and
any rectification to the underlying layer can be made. Unless otherwise agreed in advance the Contrac-
tor shall only spray when the Engineer or his representative is present.
Any materials or workmanship that do not comply with the specified requirements shall be removed
and replaced with materials and workmanship complying with the specified requirements, or if the En-
gineer permits, be repaired so that after being repaired it will comply with the specified requirements.

(BB)
Item 61.01 Prime coat
Delete sub items under this item and replace with the following
a) MC-30 cutback bitumen applied at 0.9 liters per sqm.……………………lit
b) Add or deduct for Variation in the rate of application of MC-30 cutback bitumen……………lit
The unit of measurement shall be the liter of priming material measured at spraying temperature and
sprayed as required.
The tendered rate shall include full compensation for supplying the priming material, cleaning and
watering the layer to be primed, applying the priming material and maintaining the primed surface as
specified.
Item 61.02 Aggregate for blinding

Delete this pay item as the compensation for application of any aggregate as blinding is deemed to be
included in Item 61.01.

(CC) DIVISION 6200 –TACK COAT

Item 62.01 Tack Coat
a) Stable grade bitumen emulsion (30%) .......................................................................litre (l)
The unit of measurement shall be the liter of bituminous material measured at spraying temperature and
sprayed as required.
The tendered rate shall include full compensation for supplying the tack coat material, cleaning the sur-
face to receive the tack coat and applying the tack coat material as specified.
(DD) DIVISION 6400: BITUMINOUS ROAD BASES AND SURFACING

6401 Scope
Delete this Clause in its entirety and replace with:
This section covers all work in connection with the construction of continuously-graded asphaltic wear-
ing course. Production of other types of asphalt is not foreseen. It includes the procuring and furnishing
of aggregate and bituminous binder, mixing at a central mixing plant, hauling, spreading and com-
paction of the mixture as specified in accordance with these Specifications and in conformity with the
lines, grades and cross sections shown on the drawings or as directed by the Engineer.
The construction of asphalt surfacing on bridge decks where shown on the Drawings or ordered by the
Engineer.
6402 Materials
(b) Bituminous binders
Delete the first paragraph of the Sub-clause and replace with:
Type and grade of bitumen to be used in this project shall be penetration grade bitumen 80/100 in com -
pliance with the requirements of SANS 4001-BT1 with specification specified on Table 6402/1
(c) Aggregates Properties

Coarse and fine aggregate shall be fresh, crushed rock from approved source and shall be clean and free
from decomposed materials, vegetable matter and other deleterious substances and shall meet the re-
quirements specified on Tables 6402/5. An approved quarry shall be uniform, free from layers, veins or
intrusions of weathered rock, soil or other unsuitable minerals. Aggregate from crushed, weathered
rock, grave, or boulders shall not be accepted for asphalt works.
Natural sand shall not be permitted in any asphalt mixes.
Coarse aggregate is defined as material retained on the 4.75mm sieve and fine aggregate is defined as
material passing the 4.75mm sieve.
(i) Resistance to crushing

The aggregate crushing value (ACV) of the coarse aggregate when determined in accordance with BS
812: Part 110 shall not exceed 25%.

The minimum dry 10% Fines Value shall be 160kN. The wet dry ratio shall not be less than 75%.
(ii) Shape of the aggregate

The flakiness index of the coarse aggregate shall not exceed 30% when determined in accordance with
BS 812: Part 105.
(iii) Cleanliness
The fine fraction passing 0.425mmm shall have maximum Plasticity Index of 4% when determined in
accordance with AASHTO T89 and T90.
(iv) Stripping and Coating

The coating of the aggregates when tested in accordance with AASHTO T182 shall be at least 95%.
(v) Absorption
The water absorption of the aggregate shall not exceed 2% for both fine and coarse aggregate when
tested in accordance with AASHTO T84/AASHTO T85.
(vi) Sand equivalent

The total fine aggregate used in all asphalt mixes shall after all processing (except addition of bitumen)
have a sand equivalent of at least 40 when tested in accordance with AASHTO T 176.
(vii) Durability
The resistance to degradation of the aggregate by abrasion and impact in the Los Angeles machine shall
be less than 30% when tested as per AASHTO T96.
The soundness of the coarse and fine aggregates shall be tested in accordance with AASHTO T104.
The losses shall be less than 10% and 16%, respectively, when tested using sodium sulphate and less
than 15% and 20%, respectively, when using magnesium sulphate but only one of the tests are required
to be performed.
6403 Mix Design

Delete this Clause in its entirety and replace with:
The Contractor shall immediately upon commencement of the Contract make the necessary materials
investigations and at the earliest possible time perform the mix designs. The results of the investiga-
tions, both laboratory and trial sections, shall be made available by the Contractor to the Engineer as a
written report with the Contractor's proposal for the Job-Mix Formula minimum 30 days before the date
for starting the asphalt works as included in the Contractors approved Work Programme. The Job-Mix
Formula proposal shall be based on Trial Mixes prepared by the Contractor in the Site Laboratory in the
presence of the Engineer and all other mix design tests specified in this section.
The proposal shall further include information on minimum/maximum temperatures for storage, han-
dling, mixing, paving and compaction, based on certified test reports submitted by the Manufacturer or
be based on viscosity measurements as included in the MS-2 manual and performed by the Contractor
as follows:
 Storage temperature and storage time for bitumen (°C)

 Aggregate temperature at mixing (°C)

 Binder temperature at mixing (°C)

 Bituminous mixture temperature after mixing (°C)
 Bituminous mixture temperature at laying (°C)
 Bituminous mixture temperature at start of compaction (°C)
When materials are becoming available trial plant mixes shall be carried out in accordance with the ap-
proved design mixes and the trial mixes shall be tested by the Contractor for compliance with the de -
sign requirements. Samples of the trial mixes shall also be made available to the Engineer, who shall
authorize the use of the trial mixes for trial sections.
The grading of the combined aggregate including any mineral filler added in an approved working mix
shall be within the limits given in Table 6403/3. The approved grading shall be designated as the target
grading and thereafter the composition of the job mix shall be maintained within the approved limits af-
ter application of the tolerances described in this Division.
i. Continuously graded Asphalt Concrete (AC) wearing courses
The particle size distributions for continuously graded asphalt concrete (AC) wearing courses shall be
are shown in Table 6403/3 for 19mm nominal size.
ii. Continuously-graded AC binder courses and road bases
Particle size distributions suitable for AC binder course material are shown in Tables 6403/4. The Mar -
shall test method cannot be used to design mixes with aggregate larger than 25mm; hence, the design of
coarse binder courses shall rely on empirical knowledge.
Commercial mineral filler shall consist of finely ground particles of cement or hydrated lime in accor -
dance with AASHTO M17. It shall be thoroughly dry and free from lumps and shall meet the gradation
requirements detailed in Table 6403/3(b).
Table 6403/3 (b) Filler gradation
Sieve Size Minimum Percent Passing by Dry Weight
600 m 100
300 m 95 – 100
75 m 70 – 100
Inert filler shall be rock dust which can be used to improve the combined gradation of aggregate should
this be deficient in fines. Active filler consists of cement or hydrated lime and shall be used to improve
the adhesion of the aggregate. Separate payment for use of filler, whether inert or active, shall not be
made but its inclusion shall be deemed to be included in the overall asphalt unit rate. Active filler con-
tent should normally be limited to approx. 2.0%.
When cement is used as mineral filler, it shall meet the requirements of Type I, II or III in accordance
with AASHTO M85.
Mix manufacture shall be carried out on the basis of blending materials by mass while mix design shall
be carried out on a volumetric basis. If the specific gravity of the individual unblended aggregates dif -

fers by more than 0.2 then the specified masses of the different aggregates in the blend must be adjusted
so that the volumetric properties of the plant mix are correct.
The design of the asphalt mixes shall be in accordance with the design guidelines of AASHTO R12 and
appropriate research results, and the mix properties and requirements shall be initially satisfying the fol-
lowing Marshall criteria.
In addition of the design guidelines of AASHTO R12, the asphalt mixes shall also comply with the re-
quirements in table 6403/13. Applicable design guideline in table 6403/13 shall be AASHTO R12.
Table 6403/13: Mix Design Requirements for Wearing Surfacing
Asphalt Sur-
S. No. Description
facing
1 Marshall stability, minimum, at 600C [KN] 8

2 Flow[mm] 2-3.5
Compaction level, Number of blows on each of the two faces of the
3 75
specimen
4 Air voids [%] 1 3.5-4.5
2
5 Void in Mineral Aggregate, minimum, VMA [%] 14
6 Voids filled with bitumen, VFB [%] 65-75
7 Loss of stability on immersion in water at 600C, maximum, [%] 80
9 Bitumen grade, Penetration 80/100
10 Lift thickness, [mm] 50
11 Binder Content , [% of total mix] 3 4.8- 5.8
1: The refusal density shall be satisfactory in sever sections.
2: The bitumen film thickness shall not be less than 7 to assure workable mix, but this is not the over -
riding criteria.
3: The exact amount shall be determined from laboratory test by defining common range (not too nar-
row) over which all properties are acceptable. The design bitumen content shall be slightly less than
that which gives the minimum VMA.
Marshall design procedure using 75 blows on each face should be completed first to provide an indica -
tion that the Marshall design parameters are met. Thereafter, these mixes shall be designed to refusal
density following the extended Marshall compaction method in accordance with the requirements of BS
– 598 Part 104 (1989). An alternate to the above procedure, refusal density can be determined by em -
ploying extended Marshall Compaction procedure presented in TRL Overseas Road Note 31, Appendix
D “Refusal Density Design” The resulting air voids in the mix shall not be less than 3%. The optimum
asphalt content determined from the normal Marshall procedure shall not be greater than the bitumen
content that corresponds to air void of 3 percent at the refusal density.
The use of fiber and asphalt reinforcing are not seen in this project.
6414 Construction Tolerances

(c) Grading

Replace Table 6414/4 as follows:

Table 6414/4: Deviation from approved target grading
Tolerance from Job
Sieve Size [mm] Asphalt Surfacing
Mix
19 100 -
12.5 90-100 +7
4.75 44-74 +7
2.36 28-58 +6
0.300 5-21 +5
0.075 2-10 +3
6415 Quality of Materials and Workmanship

Delete Sub-Clause (c) and replace with:
(c) Routine Inspection and Testing
Routine inspection and testing will be carried out by the Engineer to test the quality of materials and
workmanship for compliance with the requirements of this Division.
Any materials or workmanship that do not comply with the requirements specified, shall be removed
and replaced by materials and workmanship complying with the Specifications, or, if the Engineer per -
mits, be repaired so that after being repaired, it shall comply with the requirements specified.
Table6403/15: Testing Frequencies

Test Testing frequency (One test per):
Aggregate:
Aggregate Crushing Value 4,000 tonnes of aggregate fraction to be tested
Flakiness Index; fractured faces 4,000 tonnes of aggregate fraction to be tested
Polished Stone Value Every change in aggregate source
Stripping and Coating Every change in aggregate source and at least once per
six months
Percentage of Wear (Abrasion) 4,000 tonnes of aggregate fraction to be tested
Water Absorption and Bulk and Apparent Every change in aggregate source or every 4,000
Specific Gravity of aggregate (Gsb and Gsa) tonnes of aggregate fraction to be tested
Bitumen:
Penetration 20 t
All other properties First container on site, and additional during the con-
struction period as directed by the Engineer.
Mixtures:
Bitumen content, grading, VMA, VFA, Air Min. 2 set of tests per day's production
voids and Gmm
Marshall Refusal Density As required
Marshall Mix Design Every change in aggregate source or design
Constructed layers (100 mm dia. cores):
Field density (compaction percent ) and 500 m2 but at least 4 per production day
thickness of mat
Item 64.01 Bituminous Road Bases

(a) Continuously graded................ square meter (m2)
Item 64.02 Asphaltic surfacing
Amend Item 64.02 as follows.
(a)(i) 4cm thick continuously graded AC wearing course ................ square meter (m2)
(a)(ii) 5cm thick continuously graded AC binder course................ square meter (m2)
The unit of measurement shall be the square metre of asphaltic surfacing constructed to the thickness
specified. No payment will be made for material wasted.
The tendered rates shall include full compensation for procuring, furnishing, transporting, heating, mix-
ing, placing and compaction of all materials as specified as well as process control testing, protecting
and maintaining the work as specified.

SERIES 8000: STRUCTURES

(EE) DIVISION 8100: FOUNDATIONS FOR STRUCTURES
8102 MATERIALS
(b) Rock (for rock fill)
In the sub-clause title add “including hand-laid rock embankment” after the word “fill”
8103 General
(a) Subsurface data
"It is expressly understood that, while all subsurface information is given in good faith, the correctness
of the information furnished is not guaranteed. The Contractor shall carry out confirmatory foundation
investigations and submit the information to the Engineer. The investigations shall confirm depth of
rock for each pier and abutment. Where substantially different from what is shown on the book of
drawings, the Contractor shall submit adequate information to enable the Engineer redesign the founda -
tion. The Contractor’s additional site investigations shall constitute the basis for the final foundation in -
vestigations. Foundation quantities are provisional and will be adjusted in the light of additional investi-
gations."
The work to be executed comprises of drilling/boring in dry areas or under water for bridge sub-soil in -
vestigation, sampling, laboratory testing on retrieved samples, interpretation of results and submission
of report.
8104 Cofferdams, Artificial Islands and Dewatering

(a) General
In the first and second and paragraphs replace the word "excavations" with "excavations and working
areas”.
(b) Access
The access as per 8104 (b) shall be established by the Contractor without any additional direct payment.
(c) Dewatering
Add the following:
Where dewatering and keeping dry of excavations has not been billed separately as per items 81.03 and
81.04, Access and Drainage respectively, it shall be deemed to be included in the rates tendered and
paid for excavation and backfill.
8105 Excavation
(a) General

In the fifth paragraph, after “Engineer” Add:
“at the Contractor’s expense”.
(b) Ground surface for excavation
Delete the phrase “in good time “and insert “not less than 7 days prior to the proposed commencement
of excavation works at that site” in its place.
(c) Excavation
In the third paragraph delete the word “backfield” and insert “backfilled” in its place.
In the fourth paragraph first line delete the words “the entire foundation excavation” and replace with
“all blasting”.
Add the following new paragraph:
Where excavation is in soft material, the final 0.75 m and in the case of hard material, the final 0.25 m
of material shall be removed using suitable hand tools such as pick and shovel or pneumatic tools.
8107 Utilization of Excavated Material
In the first paragraph second line insert “, subject to the specific requirements of this contract after the
word “backfill”
8108 Backfill and Fill near Structure

(b) Backfill
In the second paragraph second line delete “93%” and replace with “95%”
(e) Fill within restricted areas
In the first paragraph first line delete the word “concrete”.
In the second paragraph second line delete “93%” and replace with “95%”
Delete the third paragraph entirely. No separate payment shall be made for filling in restricted areas.
This work shall be deemed to be included in the rates and prices for other fill items in this Division of
the works.
Add the following:
In the immediate vicinity of any structural concrete only hand-operated mechanical compaction equip-
ment shall be used to achieve the specified density.
8109 Foundation Fill

Replace "60°" with "45°" in the sixth paragraph.
Add the following after the seventh paragraph:

Concrete blinding shall extend 100 mm all round beyond the horizontal dimensions of all formed foot-
ings to facilitate placing of the formwork, unless otherwise directed by the Engineer.
In the case of structures where excessive ground water is encountered, the blinding layer shall extend
over the full plan area of the base of the excavation. Payment shall be made for the quantity of concrete
calculated as the product of the specified thickness of blinding layer and the actual area of blinding
placed.

Item 81.01 Additional Foundation Investigations
a) Fixed Cost…………………..PS
b) Percentage allowed for overhead and profit on item 81.01(a)…………………….%

Item 81.02 Excavation of Materials
(a) Excavation of soft material irrespective of depth………………………cubic meter (m3)
(b) Excavation of Hard Material Irrespective of Depth…………. cubic meter (m3)
Delete Items 81.03 and 81.04. No Separate payment shall be made for these items as it is deemed that
they are obligations of the contractor and included in related items..
Item 81.05 Backfill to excavations utilizing
a) Materials from the excavation...................................cubic metre (m³)
Amend Sub Item b) as follows:

b) Imported material (Selected Granular Material) ..........................cubic metre (m³)
The unit of measurement shall be the cubic metre of backfill material measured in the excavations. The
quantity measured shall be calculated from within the neat outlines defined for the excavation under
pay item 81.02 and the height over which the backfilling is constructed.
The height shall be determined by the upper surface of the road prism or the reference ground surfaces
(Sub-clause 8105(b)) whichever is the lower.
The tendered rate for each cubic metre of backfill shall include full compensation for furnishing, trans-
porting and replacing all materials within the entire excavation; and for preparing, processing, shaping,
watering, mixing and compacting the material to the specified densities.
Delete Item 81.06 and 81.07. Compensation for these items is deemed to be included in relevant pay
items.
Item 81.08 Foundation fil
a) Hand laid rock foundation fill......................................................cubic metre (m³)

f) Riprap......................................................cubic metre (m³)
The unit of measurement shall be the cubic metre of approved material placed and compacted below the
bases as specified or where directed by the Engineer.
The quantity of foundation fill to be measured for payment shall be the material contained within the
prism specified in Clause 8109 for minimum foundation fill to be constructed or to the outlines shown
on the drawings or as directed by the Engineer.
The tendered rate shall include full compensation for the procuring, furnishing, transporting, placing,
and compacting of the material.
(FF)
(GG) DIVISION 8200: FALSEWORK, FORMWORK AND CONCRETE FIN-
ISHES
8204 Design and Construction Requirements
a) Design
i. General
Insert an additional paragraph as follows:
In the design the Contractor shall include for all personnel and workmanship related safety require-
ments of local and national statutes etc. and for any safety related requirements of the Engineer.
(c) Construction
(iii) Formwork
Add the following:
Formwork to faces of structures with a gradient equal to or greater than ten vertical to one horizontal shall
be classified as vertical formwork. Formwork to faces of structures with a gradient of less than ten vertical
to one horizontal, or equal to or greater than one vertical to ten horizontal, shall be classified as inclined
formwork. Formwork to faces of structures with a gradient of less than one vertical to ten horizontal shall
be classified as horizontal formwork.
8207 Unformed Surfaces: Classes of Finish

Add new Sub-Clause (d):
(d) Surface finish to bridge decks
The surface shall initially be finished as Class U2 and shall then be textured by drawing a stiff broom
lightly across the surface with adjacent strokes slightly overlapping all to the approval of the Engineer.
The lines so formed shall be perpendicular to the road centerline.
Brooming shall be carried out after the initial concrete set but while it is still soft enough to take an im -
pression and shall be executed so that the corrugations formed on the surface are uniform and not more
than 1.5 mm in depth.
Brooming shall be completed before the concrete is in such condition that the surface will be torn or un-
duly roughened by the operation. If the Contractor fails to finish the brooming in sufficient, time to

avoid such damage to the surface they shall stop brooming and (a) propose another method of texturing
the surface and (b) rectify any damage to the concrete surface which has occurred.
The surface thus finished shall be free from rough and porous areas, irregularities and depressions.
(HH)
Amend item 82.01 as follows;
Item 82.01(a)(i) Concrete footings of abutments, wingwalls and back walls.…..........square metre (m²)
Item 82.01(b) Sidewalks and visible part of girder.…..........square metre (m²)
(II) DIVISION 8300: STEEL REINFORCEMENT FOR STRUCTURES

8303 Construction Requirements
(f) Laps and Joints
No separate payment shall be made for laps and wastage in cutting.

Amend Item 83.01 as follows.
Item 83.01 Steel reinforcement for structure
a) Mild Steel bars (Deformed bars Grade 40) ……….ton
b) High Yield Stress Steel bars (Deformed bars Grade 40) ……….ton
Pay Items 83.02 and 83.03 are deleted, as the cost for these items shall be deemed to be included in pay
item 83.01.
(JJ) DIVISION 8400: CONCRETE FOR STRUCTURES

8402 MATERIALS
d) Aggregate
(i) Fine Aggregate for Portland Cement Concrete
Delete Table 8402-2 and replace the following:
Table 8402-2 Grading of Fine Aggregate
Sieve size (mm) Percentage of total mass passing sieve
9.5 100
4.75 95-100
2.36 80-100

1.18 50-85
0.60 25-60
0.30 10-30
0.15 2-10
8404 CONCRETE FOR STRUCTURES
The Grade and/or Class of concrete used for structures shall be Class C-30/20,C-30/12.5 C-25/20, C-
20/20 and C-15/20 lean concrete.
In table 8404-1, insert the following row after the first row:
Grade Minimum 28 days Cube Strength (N/mm2)
15 15
8405 Construction Requirements
(i) Consistency and Workability
Add the following after the 4th paragraph
The control on slump shall be as per the following guidelines.
No. Type SLUMP (mm)

(a) Structures with exposed inclined surface requiring low slump concrete 25
1 to allow proper compaction
(b) Plain cement concrete 25
RCC structures with widely spaced reinforcements; e.g. solid columns,
2 40 – 50
piers, abutments, footings, well staining
RCC structures with fair degree of congestion of reinforcement; e.g. pier
3 and abutment caps, box culverts well curb, well cap, walls with thickness 50 – 75
greater than 300 mm
RCC and PSC structures with highly congested reinforcements e.g. deck
4 75 – 125
slab girders, box girders, walls with thickness less than 300 mm
5* Underwater concreting e.g. bottom plug, cast-in-situ piling 100 – 200
* Concreting underwater should include use of admixture to improve workability and no vibratory com-
paction is allowed.
The Engineer has discretion to change or modify slump as per site conditions and work methodology.
8406 Handling, Placing and Compaction of Concrete
(kk) General

Add the following paragraphs:
Bridge decks shall be cast in sections as indicated on the Drawings or as approved by the Engineer.
Balustrades and sidewalks on bridge decks shall only be cast/placed after completion of the deck and
removal of the staging.
8409 Finishing Plastic concrete
(b) Striking of form work
Delete Table 8409-1 and replace with the following.
No. Type of formwork Minimum period of striking

Vertical formwork to column walls and large
1 24 hrs
beams
2 Soffit form work to slab 14 days
3 Props to slab 21 days
4 Soffit formwork to beams 21 days
5 Props to beams 28 days
8410 Curing concrete

a) General
Add the following new paragraphs to the end of the clause:
Where curing by retention of formwork is used as the only method of curing the concrete, it must be
left in place for the minimum period specified in Table 8204-1 but in no instance shall it be less than 7
days.
The materials used for formwork shall take into account properties such as thermal insulation and mois-
ture absorption when assessing the suitability of the material, to the approval of the Engineer.
If impermeable curing membranes are to be used as a curing method, they shall be installed at the same
time as formwork is removed and no portion of a concrete surface may be left unprotected for a period
in excess of 2 hours. If the surface is an unformed finish e.g. top of deck slab, then the surface must be
protected immediately by appropriate methods approved by the Engineer after it is finished, without
damage to that surface, since it is vulnerable to plastic shrinkage cracking due to high rates of evapora-
tion while the concrete is still in a plastic state. Plastic shrinkage and settlement shall not be permitted
on any of the structural elements since it compromises the durability of the concrete.
8413 Measurement and payment

Item 84.01 Cast in situ concrete
Amend sub Items under Item 84.01 as follows

a) Concrete for Superstructure (Girder, Cross beam, Deck and Deck system) and Approach Slab,
Girder seats and Backwalls, Pier caps including formwork with Class F1 Finish(Class C 30/20)
…………………………………………………….m3
b) Concrete for Abutment, wingwall and Pier Footing (Class C 30/40) ……………….m3

c) Lean concrete beneath concrete footings (Class C10)……… …….…………………m3
The tendered rate shall include full compensation for procuring and furnishing all the materials; storing
the materials; providing all plant; mixing, transporting, placing and compacting the concrete; forming
the inserts; construction joints (except mandatory construction joints) and contraction joints; curing and
protecting the concrete; repairing defective surfaces; and finishing the concrete surfaces as specified
(LL) DIVISION 8700: BRIDGE BEARINGS PARAPETS, RAILINGS, FOOT-

WAYS, NO-FINES CONCRETE, WATER PROOFING AND DRAINAGE FOR STRUCTURES
Item 87.03 Bearings (Elastomeric type )………………………..No

Item 87.07 Concrete Guard Railing, Class Y of Concrete (C-30/12.5)………………m
The unit of measurement for concrete guardrails shall be the linear meter (m) of concrete guardrail
complete in accordance with the drawings. Concrete guard railing shall include all work above the top
level of the sidewalks or, where not placed on a sidewalk, above the top of the bridge deck concrete,
wing walls or retaining walls and shall also include any kerbing and coping forming an integral part of
the concrete parapet.

Item 87.13 Expansion joints
a) Expansion Joint Including 20mm Compressible Joint Filler Board……………..m
The unit of measurement shall be the linear meter of complete expansion joint of each type installed.
The tendered rates shall include full compensation for supplying all the materials; manufacturing the
expansion joint; transporting, handling and storing; and all labour, equipment, shaping the recesses; and
incidentals required for installing the expansion joint complete in accordance with instructions.

Item 87.16 Sealing joints with
a) Joint Sealant, 20mm Deep Grouted Polysulphide Sealant…………………..Lm
The unit of measurement shall be the meter of sealant, seal, or water stop of each type installed.
The tendered rates shall include full compensation for supplying all materials; forming or cutting the
concrete to the required shape and size; all labour, equipment and incidentals required for sealing the
joint complete in accordance with the prescription;, and for all waste materials.
Item 87.19 Drainage pipes and weep holes

Amend sub Item b) as follows
a) Drainage pipes (Deck Drain, as per the drawings) …………………No.

b) weep holes (100mm internal diameter)…………………………… No.
The unit of measurement shall be either the linear metre of pipe/weep hole or the number of pipes/weep
holes of each type and size of pipe/weep hole completed.

The tendered rates shall include full compensation for supplying all the materials; manufacturing and
installing the pipes; and making weep holes.
(MM) DIVISION 8900: STONE MASONRY STRUCTURES

8901 Scope
In the first paragraph insert ‘other than slab culverts” following “in its place”.
8902 Stone Masonry Walls
(a) Plain Packed Stone Walls
Delete the existing paragraphs and insert the following in their place:
The foundation trench for the wall shall be excavated to a depth of not less than 300mm or to a depth to
the approval of the Engineer to rock, or to another approved founding stratum with an adequate bearing
capacity.
The foundation stratum shall be trimmed to form a clean, level and sufficiently hard bearing surface on
which to hand lay the stone material, which shall consist of large selected stones of not less than 10kg,
such that the stone blocks shall be stable when set on it. The stones shall be laid up on the bed to the
lines and levels defined on the drawings or directed by the Engineer.
Flat stratified stones shall be laid individually in courses, with the largest dimension in the horizontal
plane. The stones shall be firmly set against adjacent stones and shall be packed so as to stagger the
joints. No vertical joints shall extend through more than the course in which it is laid. Each stone shall
be laid so that it is stable and well wedged into the rock fill mass.
Spalls shall be used to fill voids and stabilize both the stones and the whole mass but stones shall not
bear upon any spalls. Spaces between the hand-laid rock fill and a structure etc. shall be filled with
hand tamped or rammed fill or filter material as directed by the Engineer. The top and ends of the walls
shall be neatly finished with selected capping stones. The whole shall form a neat and pleasing appear-
ance with a tight, even surface.
Item 89.01 Stone Masonry Walls
Amend Sub-items as follows;

a) Plain Packed Stone Masonry Wall (Class 3), Riprap …………..m3
b) Cement Mortared Stone Masonry Wall (Class-B)…………..…..m3
c) Cement Mortared stone Masonry Wall (Class-B) for Retaining Wall …………...m 3

SERIES 9000 ANCILLARY WORKS
(NN) DIVISION 9100: GABIONS AND MATTRESSES

Item 91.01 Foundation trench excavation and backfilling
(b) Foundation trench excavation in all formation ...............................cubic metre (m³)
(c) Foundation Backfilling ......................................................................cubic metre (m³)
In the first line of the second paragraph of the pay item, replace “each” by “all”
Item 91.03 Gabions and Mattresses

Amend Sub Items as follows
a) Gabion Boxes (2.5mm PVC coated wire, with 1m*1m*1m size and 100*120mm
mesh)......................................................m3
b) Gabion Mattresses (2.5 mm PVC coated wire, with 6*2*0.30m Size, 100*120mm
Mesh)........................................................m3
The unit of measurement shall be the cubic meter of the rock-filled cages and the quantity shall be cal-
culated from the dimensions of the gabions and mattresses indicated on the Drawings or prescribed by
the Engineer, irrespective of any deformation or bulging of the completed units.
The tendered rate shall include procurement of materials; tying and connecting wires; loading, trans-
porting and off-loading; and assembling and filling of the cages.
Item 91.04 Geo-Textile Filter Fabric................m2

The unit of measurement shall be the square metre of area covered with filter fabric placed in position.
The tendered rate shall include procurement of materials, storage, and handling; preparation of surfaces;
and laying and protection.

(OO) DIVISION 9200: DELINEATORS, MARKERS AND KILOMETER POSTS

9202 Materials
(b) Concrete Posts
Delete all the sub paragraphs and replace with the following.
(i) Concrete
Delineators, markers and kilometre post shall be made of concrete in accordance with the provision of
Division 8400, as shown on the drawings or as directed by the Engineer.
The kilometer post shall be bedded into the ground with adequate foundations as indicated in the draw-
ings or as directed by the Engineer. The orientation and location of the posts shall be as indicated in the
drawings or as directed by the Engineer. The lettering and symbols are according to ERA Specifications
or any accepted international standards and as directed by the Engineer.
(ii) Paint
The paints for the posts shall be approved retro-reflective type acceptable by the Engineer.
(iii) Reflective Sheeting

Reflective sheeting used in the manufacture of guide posts shall be Type V complying with the require -
ments of ASTM D 4956.

The tendered rate for the specific pay items shall include the general requirements of Series 0000.
Item 92.01 Delineators, Markers (guide posts), and Kilometer Posts

Amend sub items b) and c) as follows.
c) Kilometer posts ………….…………………..No.
The unit of measurement shall be the number of units supplied and erected according to the specifica -
tions.
The tendered rate shall include full compensation for the supply of all materials and labor for making,
transporting, setting out, excavation and backfilling of all holes and the disposal of surplus excavated
material placing, painting, equipment, tools and incidentals necessary to complete the Works described
in this Division.

(PP) DIVISION 9300: GUARDRAILS

9302 Materials
(b) Guardrail Posts
Delete the first paragraph of this section and replace with the following.
Steel posts shall be used for supporting the guardrails. The posts shall be of the type and size shown on
the drawings or described in the project specifications.
Amend the Item 93.01 as follows
Item 93.01 Guard Rails on Concrete posts Galvanized including end units and terminal return
unit......................................................Lm
(QQ) DIVISION 9400: ROAD SIGNS

9402 Materials
a) Structural Steel
Add the following at the end of this Sub-clause:
Steel posts shall not be less than 60mm in diameter, 3mm thick and 4m high.

Amend pay Item 94.01 as follows:
Item 94.01 Sign faces with painted background. Symbols, lettering and borders in Engineering
grade retro-reflective material with signboard constructed from:
a) Sign faces with painted background and area not exceeding 2sq.m, as shown in the drawing
………………… number (No)
b) Sign faces with painted background and area exceeding 2sq. m but not exceeding 10 sq. m, as
shown in the drawings …………………..… number (No)
The unit of measurement shall be the square metre of completed sign face surface area.
The tendered rate shall include procurement of completed sign board face; frame and fixing brackets;
painting; galvanizing; reflective lettering; symbols, legend and border; brackets, bolts, nuts, etc.; and
transporting, handling and storage.
94.02 Sign Supports
a) Concrete, Class C 20/20…………….No
94.03 Concrete in road sign footings including excavation and backfilling (Class C)….m3

(RR) DIVISION 9500: ROAD TRAFFIC MARKINGS, ROAD STUDS AND

TRAFFIC CALMING
Amend the heading of item 95.01 and replace the sub items as follows
Item 95.01 Paint (retro-reflective road marking)
a) White lines (broken/unbroken) (width 100 mm)……………..km
b) Yellow Lines (unbroken) (width 100mm)………….…………km
c) Zebra crossing (50cm) width……………………….km
95.02 Variation in rate of application:

(a) White paint......................................................................................................litre (l)
(b) Yellow paint .....................................................................................................litre (l)
(c) Glass beads..........................................................................................kilogram (kg)
Amend Item 95.03 to be read as follows

Item 95.03 Road Studs…………….No
The unit of measurement for road studs shall be the actual number of approved road studs placed.
The tendered rate shall include procuring materials; and fixing and maintenance.
Item 95.04 Traffic Calming:

Amend sub items as follows
a) In situ asphalt Humps (as per the drawing) ………linear meter (m)`
b) In situ asphalt Rumble Strips (classification of set of 4 strips specified on the drawing) ………linear
meter (m)
(SS) DIVISION 9600: LANDSCAPING AND GRASSING

Item 96.01 Stockpiling of topsoil……………m3
Item 96.02 Preparation of areas for grassing
a) Top soiling……………………m3
Add sub item b) as follows
b) Provide and apply chemical fertilizers (superphosphate)………………ton
Item 96.03 Grassing
a) Planting of grass cuttings…………………ha

c) Planting of Trees…………………………………….No

Item 96.05 Reinstatement of construction sites
a) Reinstatement of camp sites…………….PS

b) Reinstatement of quarries, borrow pits, plant sites, storage sites, diversions, and access and haul
roads………………….PS
c) Percentage allowed for overhead and profit on item 96.05 (a) & (b)……….%
(TT) DIVISION 9900: FOOTWAYS AND MASONRY AND CONCRETE
SAFETY BARRIERS
9905 Measurement for Payment
99.01 Footway………………………… m2
Footways shall be measured in square metres between inside of kerbs.
99.02 Safety Barrier

(c ) Steel railings………………………… Lm
Footways shall be measured in square metres between inside of kerbs.
The tendered rate shall include excavation and disposal of surplus materials; preparation of foundations,
trimming and laying falls; procurement of materials including concrete slabs and bedding material but
excluding the granular sub-base material; and laying, bedding and jointing the blocks/tiles.
Add the following pay items
DIVISION 91000: SUPPLY AND INSTALL (SU-R6)
Measurement and Payment
Pay Item 910.01(a) Octagonal steel hot-deep galvanized road lighting column of 10m nominal height
with 2 x 1.5m arm/bracket overhang, cutout 0.6 x .115m with tamper proof door, earthing terminal and
fuse box hanging points and. Detail as agreed with the engineer. Each pole shall be incorporated with
10A/1P cartridge fuse with isolating fuse box containing 3 phase insulated copper terminals for 2 x 4 x
25mm2 cable looping connection, all rail mountable. Supplier and installer shall submit 3rd party prod-
uct test report and 5 years product warranty.. ……….No.
Pay Item 910.01(b) 10m spare pole with 2 x 1.5m arm bracket, base plate, and J-bolts with nuts. As per
the detail in drawings. ……….No.
The unit of measurement shall be per lighting columns installed.
Pay item 910.01 shall be inclusive of all work and materials required for the installation of the columns,
including the column, cable terminations, electrical components, and erection.
Pay Item 910.02; Concrete plinth for lighting pole column C30 type concrete foundation for 10m light-
ing column (0.6*0.6*1.2m) including excavation, concrete anchor bolt assembly, conduit cable joint pit
all as specified and/or shown on drawings..……No
Pay Item 910.03 Type 1; Energy saving IP66 rated road light fitting luminaires in die-cast aluminium
housing type LED x 280 watts, 30000 lm/fitting, complete with Power driver and surge protection
standard SP1. Luminaire shall have a minimum operating life of 50,000 hours..…….No
The unit of measurement shall be the number installed.

Pay Item 910.04 Supply and Lay Conduit
Pay Item 910.04(a) Trench for cable not exceeding 450mm wide depth not less than 600 mm to be
filled before and after 110mm internal UPVC diameter conduit laying with minimum depth of 100mm
ordinary sand ………m
Pay Item 910.04(b) Trench for duct not exceeding 450mm wide depth not less than 1.2m and lay
2x100mm internal UPVC diameter duct with concrete bed and surround in trench depth not exceeding
150mm concrete..……….m
The unit of measurement shall be in linear meter.
Pay Item 910.05 Supply and Lay Cable
Pay Item 910.05(a) Trench for duct not exceeding 450mm wide depth not less than 1.2m and lay
2x100mm internal UPVC diameter duct with concrete bed and surround in trench depth not exceeding
150mm concrete.
a) 3x25/16mm2……………………………..m
g) NYY 3x2.5mm2……………………….m
Standard warning tape engraved with 'ELECTRICAL'……………..m
The unit of measurement shall be in linear meter.
Pay Item 910.06 Feeder Pillar, Electrodes and Duct Access

Pay Item 910.06(a) PAD MOUNTED (TYPE SIEMENS, ABB, LEGRAND OR EQUIVALENT
APPROVED)
Short circuit tripping characteristics of each circuit breaker inside distribution board shall
be as specified below and as per IEC 60947-2-400Volt:-
CB Rating (A) Short circuit rating (KA)
50 - 80 16
100- 1600 35
Pad mounted distribution pillar (FP-1 ,FP-2 ,FP-3, FP-4, FP-5, FP-6, FP-7, FP-8, FP-9, FP-10, FP-11,
FP-12, FP-13, FP-14 and FP-15), IP65, in sheet steel enclosure with lockable door and bus-bar rating of
100A, 3ph, 400V and with phase, neutral and earth bus-bars and consisting of:
1 pc main MCB of 50A/3P
3 pcs MCB of 32A/1p x 3 Single Breaker
1pc CONTACTOR Rated operational power in AC3 380/400V is 50KW/3p, Rated opera-
tional voltage is 1000V. Complete with auxiliary contacts for solar switches.
Photo electric control unit set to switch on a 70lux.
25% Reserve space……………………..No
Pay Item 910.07 Earth electrode arrangement
1x 16mm2 bare copper cable (2m) from pole earthing point to 1500x16mm dia. copper bond earth rod
with copper fixing clamp and other accessories. Price include for the cable and rod with accessories.
Earthing arrangement as shown in the drawing to comply 5ohm overall
resistance………………………..No
The unit of measurement be in number.
Pay Item 910.08 Manholes (Duct Access)

Pay Item 910.08(a) Concrete duct access UPVC chamber 1000 X 1000 X 700mm internal dimen-
sion with 5mm galvanized iron sheet cover on an average lean concrete 100mm..…………….No
Pay Item 910.08(b) Concrete duct access UPVC chamber 600 X 600 X 700mm internal dimension
with 5mm galvanized iron sheet cover on an average lean concrete 100mm..…………….No
Pay Item 910.08(c) Concrete duct earthing manhole 500 X 500 X 500mm internal dimension with
5mm galvanized iron sheet cover on an average lean concrete 100mm...…………….No
The unit of measurement shall be in number.

Advance Payment Security
Date:
Procurement Reference No:
To:
In accordance with the payment provision included in the Contract, in relation to advance
payments, (hereinafter called “the Contractor”) shall deposit with the Public Body a security
consisting of , to guarantee its proper and faithful performance of the obligations imposed by
said Clause of the Contract, in the amount of .
We, the undersigned , legally domiciled in (hereinafter “the Guarantor”), as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligor and not as
surety merely, the payment to the Public Body on its first demand without whatsoever right of
objection on our part and without its first claim to the Contractor, in the amount not exceeding
.
This security shall remain valid and in full effect from the date of the advance payment
received by the Contractor under the Contract until ,
Name:
In the capacity of
Signed:
Duly authorized to sign the Security for and on behalf of:
Dated on ____________ day of __________________, _______


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CONTRACT AGREMENT

AWEDAY TOWN ASPHALT ROAD PROJECT

OROMIA REGION EAST HARARGE ZONE

AWEDAY TOWN MANUCIAPLITY OFFICE

ABDI DEREJE GENERAL CONTRACTOR

Jan 22/2023 E.C

Procurement Reference No: WMBMA-ARP-002/2015

AWEDAY TOWM MANUCIPALITY ADMINISTRATION,

(hereinafter called the “Public Body”),

ABDI DEREJE GENERAL CONTRACTOR

(hereinafter called the “Contractor”), of the other part

Signature: _________________ Signature: _________________

Name Signature Name

1. __________________________ _________ 1. __________________ ________

2. __________________________ _________ 2. __________________ ________

3. __________________________ _________ 3.________________ ________

To: -Abdi Dereje General Contructor

1. Performance Security 10% of Contract price as per the condition of contract

 Oromia Conistruction Office

 EHZ Finance office

PART 3: CONDITIONS OF CONTRACT

SECTION VIII: CONDITIONS OF PARTICULAR APPLICATION

GCC Clause Section VIII. Special Conditions of Contract

Procurement Reference Number is: WMBMA-ARP-002/2015

GCC 1.2(d) The Public Body is: Aweday Town Municipality

GCC 1.2(g) The Contractor is:Abdi Dereje General Contractor

In addition to documents listed in GCC Clause 7.1 the following documents

GCC 9.1 Language of the Contract shall be: - English.

For notices, the Public Body’s address shall be:

GCC Clause Section VIII. Special Conditions of Contract

For notices, the Contractor’s address shall be ( To be Notified later)

GCC Clause Section VIII. Special Conditions of Contract

GCC Clause Section VIII. Special Conditions of Contract

GCC 30.2(a) i. Not Applicable

GCC 41.4 The period between Program updates is 60 (sixty) days.

The types of acceptable Performance Securities are: Conditional Performance

GCC Clause Section VIII. Special Conditions of Contract

GCC Clause Section VIII. Special Conditions of Contract

The following methods shall apply to the valuation of works:

Ownership of the plant and materials referred to in GCC Clause 83 shall be

Performance of the Contract

GCC 70.1 The Scope of Works is as defined in Section 6, Schedule of Requirement.

GCC Clause Section VIII. Special Conditions of Contract

GCC 79.1 The work register shall be:

Section 7 General Conditions of Contract

"Dayworks" mean varied work inputs subject to payment on an hourly basis

approved by the Engineer for the carrying out of the works.

for incorporation in the Works;

work on the Site;

3. Relationship Between the Parties

4.1. The Contractor acknowledges that it:

Effective Date; and

5. Fraud and Corruption

6.2 If sectional completion is specified in the Special Conditions of Contract, refer-

6.3 Entire Agreement

a. For Lump-sum contracts: The Breakdown of the Lump-sum Price (after

3. Notices and written communications

notice in writing of such change to the address specified in the SCC.

4. Authority of Member in Charge

11.1 In case the Contractor consists of a joint venture/consortium/ association of two

5. Engineer and Engineer's Representative

8. Modifications by Change Orders

9. Change in Laws and Regulations

10. Taxes and Duties

Signature: _ Signature: _

1. ______________________ _ 1. ______

2. ______________________ _ 2. ______

3. ______________________ _ 3.____