J P MUKHERJI & ASSOCIATES PVT LTD

TSFP

SPECIAL CONDITIONS
OF CONTRACT (SCC)

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BID DOCUMENT FOR

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SECTION V

SPECIAL CONDITIONS OF CONTRACT (SCC)

The Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC).
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.
The Special Conditions of Contract are in two parts.
Part-1 Conditions of Particular application. These clauses apply to GCC. The corresponding
clause number of the GCC is indicated.
Part-2 contains Additional Special conditions.
PART- 1, CONDITIONS OF PARTICULAR APPLICATION
GCC 1.1 (a)
The Arbitrator appointed is Ethiopian Chamber of Commerce, Addis Ababa
GCC 1.1 (g)
The Contractor is: [Name, address, and telephone, cable and facsimile numbers]
GCC 1.1 (i)
The Contractors Representative is: [Name, address, and telephone, cable and facsimile
numbers]
GCC 1.1 (m)
The Employer is :
Tendaho Sugar Factory Project (TSFP)
P O BOX 2574
Salfaz Building (In Front Of Atlas Hotel)
Cape Verde Road
Addis Ababa, Ethiopia
Tel:
Fax:
Email:

+ 251 11 618 2370

+ 251 11 618 3591
+ 251 11 618 3583
tsfp@ethionet.et, gebreasrat@yahoo.com

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TSFP

SPECIAL CONDITIONS
OF CONTRACT (SCC)
BID DOCUMENT FOR
PROCESS HOUSE

GCC 1.1 (v)

The Project Manager is :
J.P.Mukherji & Associates Pvt. Ltd.
C/O Tendaho Sugar Factory Project (TSFP)
P O BOX 2574
Salfaz Building (In Front Of Atlas Hotel)
Cape Verde Road
Addis Ababa, Ethiopia
Tel:
+ 251 11 618 2370
+ 251 11 618 3591
Fax:
+ 251 11 618 3583
Email:
tsfp@ethionet.et, gebreasrat@yahoo.com
GCC 1.1 (z)
Time for Completion:
One hundred (100) weeks for complete process house including refinery.
GCC 4.1
For notices, the Employers address shall be:
Kind attn:

Ato Gebre Asrat, Factory Manager

Tendaho Sugar Factory Project (TSFP)

P O BOX 2574
Salfaz Building (In Front Of Atlas Hotel)
Cape Verde Road
Addis Ababa,
Ethiopia
Tel:
+ 251 11 618 2370
+ 251 11 618 3591
Fax:
+ 251 11 618 3583
Email:
tsfp@ethionet.et, gebreasrat@yahoo.com
Contractors address for notice purposes:
Attention: . [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/ Room number:. [insert floor /room number, if applicable]
City: ..[insert name of city or town]

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ZIP Code:. [insert postal ZIP code, if applicable]

Country: [insert name of country]
Telephone: ..[include telephone no, country & city codes]
Fax: [insert facsimile number, including country and city codes]
Electronic mail address: . [insert e-mail address, if applicable]
GCC 5.1
The Contract shall be interpreted in accordance with the laws of the Employers country.
GCC 6.1.2
The Arbitrating Agency is Ethiopian Chamber of Commerce.
GCC 6.1.3
Rules of procedure for arbitration proceedings:
a)

Contracts with Foreign Contractor

GCC 6.1.3 --Any dispute, controversy or claim arising out of or relating to this
Contract, or breach, termination or invalidity thereof, shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force.

b)

Contracts with contractors national of the Employers country

GCC 6.1.3 --Any dispute between the Employer and a Contractor who is a national of
the Employers country arising in connection with the present Contract shall be
referred to arbitration in accordance with the laws of the Employers country.

Clause 6.1.3 (a) shall be retained in the case of a Contract with a foreign Contractor and
clause 6.1.3 (b) shall be retained in the case of a Contract with a national of the Employers
country.
GCC 7.3
The Contractor agrees to supply spare parts for a period of 20 years. The Contractor shall
carry sufficient inventories to ensure an ex-stock supply of consumable spares for the plant
and equipment. Other spare parts and components shall be supplied as promptly as
possible, but at the most within six (6) months of placing the order and opening the letter of
credit.

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In addition, in the event of termination of the production of spare parts, advance notification
will be made to the Employer of the pending termination, with sufficient time to permit the
Employer to procure the needed requirement. Following such termination, the Contractor will
furnish to the extent possible and at no cost to the Employer the blueprints, drawings and
specifications of the spare parts, if requested.
GCC 8.1
The Contractor shall commence work on the Facilities from the Effective Date for
determining Time for Completion as specified in the Contract Agreement.
GCC 8.2
The Completion of the Facilities shall be attained within One hundred (100) weeks.
GCC 11.2
The Contract Price shall be a fixed price contract.
GCC 13.3.1
The amount of performance security shall be ten percent (10%)
GCC 13.3.2
The performance security shall be in the form of the Unconditional Guarantee attached
hereto in the section on Sample Forms and Procedures.
GCC 13.3.3
The performance security shall be reduced to ten percent (10%) of the value of the
component covered by the extended warranty to cover the Contractors extended warranty in
accordance with the provision in the SCC, pursuant to GCC Sub-Clause 27.10.
GCC 14.1
The supplies under the Contract will be on DDU basis. The Employer assumes the
responsibility of import customs clearance, payment of custom duties and taxes.
For Plant & Equipment supplied from within the Employers country, specified in Price
Schedule No. 2, the Value Added Tax (VAT) imposed by the law of the country will be
applicable.
GCC 18.2
The form of the program of performance of the Contract shall be in the form of the critical
path method (CPM) and the PERT network, using latest version MS PROJECTS software.

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G.C.C 18.5
The Contractor shall prepare a Contract co-ordination procedure in consultation with the
Employer for smooth execution of the work. It shall cover the following but not limited to;
1

Name and address of

a.
b.
c.
d.
e.

Progress Review Meeting / Engineering Review Meeting

a.
b.
c.
d.

Billing Schedules;
Other certifications that should accompany the bills ;
Others;

Inspection Co-ordination Procedure

a.
b.
c.

Format of reporting, network/bar chart/trend charts

Number of copies
Action list with details, Action initiated / completed

Billing Procedure
a.
b.
c.

Schedules
Place of meeting
Communication Regarding meetings
Action list format & copies

Progress reporting
a.
b.
c.

Principal Coordinators
Unit Coordinators
Construction Manager
Project Manager - Consultant
Others

Details of notice for inspection & format

Inspection certificate
Others

Engineering Drawing Submissions

a.
b.
c.
d.
e.
f.

Number of copies, name of persons/party receiving the same

Approval - duration
Revisions
Approving authority
As built drawing
Others

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Shipping Information
a.
b.
c.
d.

Information over packing

Notices for large size equipments
Loss of shipment
Others

GCC 22.1.3
Following points are added.
(g)

(h)

(i)

Workers Safety Ware:

(1)

The Contractor shall provide safety wear for his staff and workers at site, as
appropriate to their disciplines of work. He shall provide the workers safety
wears at his own expense and he shall be held responsible for not providing
safety wear to his employees at site.

(2)

In the event of outbreak of illness of an epidemic nature, the Contractor shall

comply with and carry out such regulations, orders and requirements as may
be made by the Government, or the local medical or sanitary authorities, for
the purpose of dealing with and overcoming the same.

Burial of the dead

(1)

The Contractor shall make all necessary arrangements for the transport, to
any place as required for burial, of any of his expatriate employees or
members of their families who may die in the Federal Democratic Republic of
Ethiopia

(2)

The Contractor shall be responsible, to the extent required by the local

regulations, for making any arrangements with regard to burial of any of his or
his Sub-Contractors local employees who may die while engaged upon the
works

Alcoholic Liquor or drugs

(1)

(j)

The Contractor shall not, otherwise than in accordance with the Statutes,
Ordinances and Government regulations or Orders for the time being in force,
import, sell, give, barter or permit or suffer any such importation, sale gift,
barter or disposal by his Sub-Contractors, agents, staff or labour.

Identity cards
(1)

The Contractor shall issue identity cards to his permanent or temporary

employees. An identity card shall be affixed with the employee's photograph.
The identity card shall be signed by the employee and sealed and signed by
the Contractor's representative at the site.

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(2)

(k)

Health
(1)

(l)

The Contractor shall take such precautions as necessary to reduce the

danger of health and general nuisance occasioned by mosquitoes and other
animal pests. At the site, as requisite, the Contractor shall provide his
Employees with suitable prophylactics for the prevention of disease and take
steps to prevent the formation of stagnant water pools of water. He shall
comply with all regulations of medical authorities in these respects and shall
in particular arrange to spray thoroughly with approved insecticide all
buildings, sheds and temporary structures erected at site. He shall warn his
employees of the existence and danger of health hazards whenever
applicable.

Accidents
(1)

(m)

The Contractor shall instruct his employees to carry their identity cards with
them, during their hours of duty and, present the same on demand of the
security staff of the Employer or any other authorised representative or to the
Project Manager's representative at site.

The Contractor shall appoint some person to deal with safety and protection
against accidents of his labour and personnel at site. Such persons shall be
qualified for this work and shall have authority to issue instructions and to
institute protective measures to prevent accidents to the satisfaction of
Project Manager. The Contractor within 24 hours of the occurrence of any
accident, at the site or in connection with the execution of the work, reports
such accident to the Project Manager. The Contractor shall also report such
accident to the competent authority whenever such report is required by the
law.

First Aid Facilities

(1)

The Contractor shall provide, equipment and maintain throughout the

construction period and so far as may be necessary during the period of
maintenance, in a position on the site approved by the Project Manager,
suitable and sufficient First Class facilities for the general use of his and subcontractors personnel and labour.

GCC 24.3 & GCC 25.2

1.

In the event that the Contractor is unable to proceed with the Pre-commissioning of
the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to
Sub-Clause 25.2, for reasons attributable to the Employer either on account of nonavailability of other facilities under the responsibilities of other contractor(s), or for
reasons beyond the Employers control, the provisions leading to deemed
completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and
Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractors

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obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2,

Functional Guarantee, pursuant to GCC Clause 28, and Care of Facilities, pursuant
to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply. In this case,
the following provisions shall apply.
2.

When the Contractor is notified by the Project Manager that he will be unable to
proceed with the activities and obligations pursuant to above paragraph 1, the
Contractor shall be entitled to the following:
(a)

the Time of Completion shall be extended for the period of suspension

without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2;

(b)

payments due to the Contractor in accordance with the provision specified in

the corresponding Appendix (Terms and Procedures of Payment) to the
Contract Agreement, which would not have been payable in normal
circumstances due to non-completion of the subject activities, shall be
released to the Contractor against submission of a security in the form of a
bank guarantee of equivalent amount acceptable to the Employer, and which
shall become null and void when the Contractor will have complied with its
obligations regarding those payments, subject to the provision of para.3
below;

(c)

the expenses towards the above security and extension of other securities
under the contract, of which validity needs to be extended, shall be
reimbursed to the Contractor by the Employer;

(d)

the additional charges towards the care of the Facilities pursuant to GCC
Sub-Clause 32.1 shall be reimbursed to the Contractor by the Employer for
the period between the notification mentioned above and the notification
mentioned in para.4 below. The provision of GCC Sub-Clause 33.2 shall
apply to the Facilities during the same period.

3.

In the event that the period of suspension under above Para 1 actually exceeds one
hundred eighty (180) days, the Employer and Contractor shall mutually agree to any
additional compensation payable to the Contractor.

4.

When the Contractor is notified by the Project Manager that the plant is ready for
Pre-commissioning, the Contractor shall proceed without delay in performing all the
specified activities and obligations under the contract.

GCC 25.2.2
The Guarantee Test of the Facilities shall be successfully completed within eight (8) weeks
from the date of Completion. If sufficient period is not available between completion and
closure of season, the Guarantee Test shall be conducted after eight (8) weeks of start of
next/subsequent season.

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GCC 26.2
Applicable rate for liquidated damages:
Maximum deduction for liquidated damages: The percentage shall be one-half percent
(0.5%) per week, and the maximum shall not exceed ten percent (10%) of the Contract
Price.
The above rate and maximum apply to the price of the part of the Facilities, as quoted in the
Price Schedule, for that part for which the Contractor fails to achieve Completion within the
particular time for Completion.
GCC 26.3
No bonus will be given for earlier Completion of the Facilities or part thereof.
GCC 27.6
Following points are added.
27.6.1 In the event of failure of any particular part of any equipment more than three times
during the guarantee period, it shall not be repaired but the complete part shall be
replaced by the Contractor and the guarantee for this particular part shall be
extended by one year from the date of last replacement.
27.6.2 In case it is found that the above mentioned failure is due to some connected part of
the equipment, that part shall also be rectified or replaced by the Contractor to avoid
such failure in the future. The guarantee for such replaced parts shall be extended by
one year from the date of last replacement.
27.6.3 In the event of failure of any particular equipment which fails more than three times
during the guarantee period, the Contractor shall replace at his own cost that
equipment with another equivalent make as approved by the Purchaser.
Manufacturer's/Contractor's guarantee, as mentioned above, for such replaced
equipment shall also be made available to the Employer and should be kept valid at
least for one year from the date of last replacement.
27.6.4 For electrical motors during the guarantee period in case some important part of the
motor like stators, winding, shaft, bearing, squirrel cage rotor etc., become defective
the guarantee shall cover their complete replacement, and no repairs shall be
allowed.
GCC 27.10
NIL

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Part- 2: ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

Following are the additional Special Conditions of Contract.
1.

Interpretations

1.1

The several Contract documents forming the Contract are to be read together as a
whole and are to be taken as mutually explanatory. Should the same word appear in
several parts of the Contract and there by an ambiguity in the interpretation thereof,
the word shall be construed in accordance with the context of the sentence in which
the word appears.

1.2

Words carrying singular number shall also include plural and vice-versa. where
context so requires.

1.3

Should there be any discrepancy or any inconsistency, error or omission in the

documents, the Contractor shall abide by the decision of Employer on which
discrepancy, inconsistency, error or omission and the Contractor shall carry out the
Project work in accordance with such decision.

1.4

Work shown on the drawings and not mentioned in the Specifications and Vice versa
shall be executed by the Contractors as though they are specifically set forth in both.
Should any work or materials not shown in the Specifications and/or drawings be
necessary for the proper carrying out of the Facilities by the Contractor, the
Contractor shall understand the need for such work and materials to be implied and
shall perform all such work and furnish such materials fully as though they were
particularly described in both the drawings and specifications.

1.5

Decisions by Employer shall be conclusive as to the true intent and meaning of the
drawings and specifications. Any discrepancy which may exist between the drawings
and specifications shall be referred to Employer whose decision as to the true
meaning shall be final.

1.6

The Contractor shall promptly study and compare the Drawings, specifications,
instructions and other information given by Employer and shall report in writing to
Employer any discrepancies, inconsistencies, or omissions of statement regarding
the materials and methods of construction work.

1.7

Verbal instruction or information will not be recognised in any case, unless confirmed
in writing.

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2.

Use of Site

2.1

In particular, the following provisions shall be deemed to apply to the possession and
use of the Site.
(a)

The lands and other places outside the Site which are the property of or are
under the control of the Employer shall be used strictly in accordance with the
instructions of the Project Manager or his representatives.

(b)

The Contractor shall at any time move any vehicle, machine, vessel or any
other obstruction within his control as may be required by the Project
Manager. Such things or such obstructions shall be removed promptly at the
Contractor's cost unless the Project Manager decides otherwise.

(c)

The Contractor shall maintain access for the inspection, operation and
maintenance of any of the plants or facilities belonging to the Employer
whether situated on Site or elsewhere.

(d)

The Contractor shall not use any portion of the Site for any purpose not
connected with the facilities unless prior written permission of the Project
Manager has been obtained.

3.

Temporary Works

3.1

The Contractor shall make available labour, transport, and materials to maintain as
directed by the Project Manager the cleanliness and tidiness of the site and to attend
to the protection and temporary covering, lighting other hazards to safety.

3.2

The Contractor shall maintain and keep tidy and clean his office space including a
reasonable surrounding area, as designated for his use by the Project Manager. The
Contractor shall provide a telephone at his office and shall provide for his office
furniture at his own expense.

3.3

The Contractor's office shall have wash room and drinking water facilities. In the
event the Contractor is to employ female staff too, the office shall have wash room
facilities for the females too. The office facilities shall be maintained clean and
hygienic by the Contractor at all times.

3.4

The Contractor shall provide and maintain one notice board for the site consisting of
a timber framed black-board panel size about 2.50 m x 2.50 m all painted with two
coats white oil paint back and front and supported 1.20 m above the ground. The
board shall be lettered by a skilled sign writer to include:i)
ii)
iii)
iv)

The Project Name;

The Employer's Name;
The Project Manager's Name and Address;
The Contractor's Name and Address

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3.5

A large scale layout is to be submitted for approval before manufacture. No

advertising material other than the above shall be permitted. The location and layout
of sub- contractors' and/or manufacturers' boards are subject to the approval of the
Project Manager.

3.6

The Contractor shall provide to the Project Manager each quarter of the year a
minimum of- twelve photographs showing work in progress. The views from which
the photographs are to be taken shall be as directed by the Project Manager. Four
copies of each photograph (100mm x 150mm size) shall be provided with the
description of the view point and the date of the photograph typed on the back.

3.7

The cost of all temporary works, testing and sampling shall be construed to be
included in the cost of permanent works. No separate price is payable for temporary
works.

4.

Records

4.1

The Contractor shall, at his own cost, keep all records concerning progress of all the
Activities listed in the Contract.

4.2

The Contractor shall maintain such records and make such reports concerning
safety, health and welfare of persons and damage to property as the Project
Manager may from time to time prescribe

5.

Fabrication of items at site

5.1

Contractor shall be permitted, upon reconfirmation by the Project Manager to

fabricate voluminous items of plant and equipment at the site, provided the same is
clearly stated in the price schedule

6.

Employment of persons in the service of others

6.1

The Contractor shall not recruit or attempt to recruit his staff and labour from
amongst persons in the service of the employer or the project Manager.

6.2

Vice Versa the Employer or the Employer shall not recruit his staff and labour from
amongst persons in the services of the Contractor.

7.

Arms & Ammunition

7.1

The Contractor shall not give, barter or otherwise dispose of to any person or
persons, any arms or ammunition of any kind or permit or suffer the same as
aforesaid.

8.

Trade & Brand Names

8.1

Where in the Contract any item of the scope of the work is described by reference to
any trade name or, any brand name or, any catalogue number or, any patent or

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proprietary material, substance, fitting, installation, article, equipment or accessory to

be procured from a specified manufacturer or Contractor, that description is intended
to indicate the type, quality, appearance and method of construction required and
item of a standard, similar and equal thereto may, subject to the specific approval of
the Project Manager, be procured for the item so described.
8.2

The Price for the item in the scope of work as described and referred to above, shall
be deemed to be included in the Contract price Substitution of an item provided for in
the Contract shall be permitted subject to prior approval of the Project Manager, but
no additional payment for such a substitution shall be allowed.

9.

Priority of Works

9.1

The Project Manager shall have the discretion to determine the priority of executing
the works and reschedule the execution therefore. Such rescheduling of works or
erection of specific items of the plant shall not entitle the Contractor to additional
costs or to extension of time, provided always that such rescheduling does not result
in idling of the contractor's staff at the site.

10.

Foreign Taxation

10.1

The prices bid by the Contractor shall include all taxes, duties, license fees and other
charges or levies imposed outside the Employers Country on the production,
manufacturer, sale and transport of the Goods, Contractors Equipment materials
supplied to be used on or furnished under the contract and on the services performed
under the Contract.

11.

Secrecy

11.1

The technical information, drawings, specifications and other related documents

forming part of the enquiry or Contract shall be the property of the Employer and
shall not be used for any other purpose except for execution of the Contract. All
rights, including rights in the event of grant of patent and registration of designs are
reserved.

12.

Local income tax payable by the contractors personnel

12.1

The Contractors and sub contractors staff personnel and labour will be liable to pay
personal income taxes in Ethiopia in respect of such of their salaries and wages as
are subject to taxation under the laws and regulations in force in Ethiopia and the
contractor shall perform all such duties in regard to deductions of taxation and
payment thereof to the tax authority as may be imposed by the laws and regulations
in Ethiopia.

13.

Duties on the contractors equipment

13.1

The Contractor shall be liable for payment of duty and import taxes due on the
Contractors Equipment including spare parts and consumable materials used for

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operating or maintaining such equipment, until such time as the equipment, spares
and consumable material are re-exported. The cost of such duty and import taxes,
other than the cost of things consumed in the construction of the Works, shall be
excluded from the Schedule of Prices.
13.2

For Contractors Equipment imported on a temporary basis the Contractor shall

provide a Bank Guarantee for the Ethiopian Customs Authority in an amount equal to
the duty and tax due on importation. The Guarantee shall remain in force until the
Contractor re-exports such Contractors Equipment.

13.3

On completion of the Facilities the Contractor shall produce evidence of having reexported (or having paid the relevant duty and tax on) all Contractors Equipment and
spare parts, materials and supplied not incorporated in the works. In the absence of
such evidence the Contractor shall become liable for the Customs duties and import
tax levied by the relevant authorities.

13.4

The Contractor shall ensure that all documents necessary to secure exemption from
duties and tax (i.e. on things that will subsequently be re-exported) and release from
customs are submitted to the relevant authorities in sufficient to meet the
requirements of the programme.

13.5

The Employer shall assist by writing supporting letter to the concerned Government
body so as to the Contractor enables to obtain clearance through the customs of all
Facilities and Contractors Equipment and in procuring any necessary government
consent to the re-export of Contractors Equipment when it is removed from the site.

14.

Third Party Inspection

14.1

The Employer will reserve the right to appoint qualified third party inspectors for
visiting the Contractors or his Sub-Contractors site. The Contractors or his SubContractor will provide all necessary assistance and co-operation at his site to
facilitate the required inspections or tests. All expenses towards third party inspection
will be borne by the Employer.

15.

Safety, Security and Protection of the Environment

15.1

The Contractor shall be responsible for the proper security of facilities at the site until
taken over and for the proper provision during the period of temporary roadways,
footways, guards and fences as far as they the same may be rendered necessary by
reason of the facilities for the accommodation and protection of owners and
occupiers of adjacent property, the public and others. No naked light shall be used by
the contractor on the site otherwise than in the open air with out special permission of
Project Manager.

15.2

The Contractor shall take all reasonable steps to protect the environment on and off
the site and to avoid damage or nuisance to persons or to property of the public or
others resulting from pollution, noise or other causes arising as a consequence of his
method of operation.

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16.

Fossils, Artifacts , etc.

16.1

All fossils, coins, artifacts of value or antiquity and structures and other remains or
things of geological or archaeological interest discovered on the site of the facilities
shall as between the Employer and the Contractor be deemed to be the absolute
property of the Employer. The Contractor shall take necessary precautions to prevent
his workmen or other persons from removing or damaging any such article or thing
and shall immediately upon discovery thereof and, before removal, acquaint the
Project Manager of such discovery and carry out, at the expanse of the Employer,
the Project Managers orders as to the disposal of the same.

17.

Traffic and Special Loads

17.1

All operations necessary for the execution of the facilities shall so far as compliance
with the requirements of the Contract permits, be carried on so as not to interfere
unnecessarily or improperly with the convenience of the public, or the access to, use
and occupation of public or private roads and footpaths to or of properties whether in
the possession of the Employer or of any other person. The Contractor shall save
harmless and indemnify the employer in respect of all claims, proceedings, damages,
costs, charges and expenses whatsoever arising out of, or in relation to, any such
matters in so far as the Contractor is responsible therefore.

18.

No night or public Holiday Work

18.1

No work shall be carried out on site during the night or on national public holidays or
days of rest without the permission in writing of the Employer or the Project Manager,
save when the work is unavoidable or absolutely necessary for the saving of life or
property or the safety of works, in which case the Contractor shall immediately advise
the Project Manager.

19.

Urgent Repairs

19.1

If, by the reason of any accident, or failure, or other event occurring to or in

connection with the Facilities, or any part thereof, either during execution of facilities,
or during the period of maintenance, any remedial or other work or repair shall, in the
opinion of the Project Manager, be urgently necessary for the safety of the facilities,
the Employer may employ and pay other persons to carryout such work or repair as
the Project Manager may consider necessary. If the repair so done by the Employer
is the work which, in the opinion of Project Manager, the Contractor was liable to do
at his own expense under the contract, all expenses properly incurred by the
Employer in so doing shall be recoverable from the Contractor by the Employer, or
may be deducted by the Employer from any money due to him or which may become
due to the Contractor. Provided always that the Project Manager, shall, as soon after
the occurrence of any such emergency as may be reasonably practicable, notify the
contractor thereof in writing.

J P MUKHERJI & ASSOCIATES PVT LTD

TSFP

SPECIAL CONDITIONS
OF CONTRACT (SCC)

Section - V
Page - 16 / 16

BID DOCUMENT FOR

PROCESS HOUSE

20.

Bank Charges

20.1

All Bank Charges outside Ethiopia including Confirmation cost both inside and
outside Ethiopia shall be to the Contractors account.

21.

Carrier

21.1

The Contractor shall deploy Employers Countrys National carrier wherever

applicable.

22.

Insurance Coverage

22.1

The Shipping Insurance shall be covered by the Employers Countrys National

Insurance company.

23.

Shipping Documentation

23.1

Upon shipment, the Contractor shall notify the Employer the full details of the
shipment including the Contract number, description of goods, quantity, the vessel,
the bill of lading number and date, port of loading, date of shipment, port of
discharge, etc. The Contractor shall send copies of the following documents to the
Employer:

23.2

Commercial Invoice
showing goods description, quantity, unit price , total amount -Six (6) originals duly
chamberized by the Chamber of Commerce of the country of Origin plus with Ten
(10) copies.

23.3

Certificate of Origin
One (1) original plus five (5) copies.

23.4

Full clean on Board bill of lading

Three (3) originals plus Five (5) copies of the negotiable , clean, on-board bill of
lading marked fright prepaid,

23.5

Packing List
Six (6) originals plus five (5) copies identifying contents of each package. In addition
to this, Two (2) copies of the packing list shall be enclosed in each of the case.