08section VIII - Particular Conditions (PC) Rev C

National Roads Development & Maintenance Programme (NRDMP)
BID Documents for Civil Works for Upgrading of the

Mukono – Kyetume – Katosi / Kisonga - Nyanga Road (74 km)
from Gravel to Paved (Bituminous Standard )
Mukono- Kyetume-Katosi/Kisoga-Nyenga road upgrading project
Bid Documents
Section VIII. Particular Conditions (PC
Section VIII. Particular Conditions (PC)
The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
VIII - 1
Bid Documents
Part A - Contract Data
Conditions Sub-Clause Data

Employer’s name and address 1.1.2.2 & Uganda National Roads Authority
1.3 Executive DirectorAttn: Head of Procurement
and Disposal Unit
Plot 511, Lourdel RoadYusuf Lule Road
First Floor, Room 1/012
Kampala
Uganda
Tel No.: 256-41-318000/256-312/233100
Email; procurement@unra.go.ug.
Engineer’s name and address 1.1.2.4 &
1.3 To be advised……………..
Bank’s name 1.1.2.11 None (Local funds to be used)
Borrower’s name 1.1.2.12 None (Local funds to be used)
Time for Completion 1.1.3.3 36 months Amend as appropriate
Defects Notification Period 1.1.3.7 365 days.
Sections 1.1.5.6 If Sections are to be used, Amend as appropriate
Electronic transmission 1.3 Not applicable.
systems
Governing Law 1.4 Law in force the contract is that of the Republic of
Uganda
Ruling language 1.4 English
Language for communications 1.4 English
Contract Agreement 1.6 Within 56 days after date of letter of acceptance.
Time for access to the Site 2.1 Date of contract agreement or as may be agreed.
Engineer’s Duties and 3.1(b)(ii) All variations resulting in an increase of the
Authority Accepted Contract Amount shall require approval
of the Employer.
Performance Security 4.2 The performance security will be in the form of a
“demand bank guarantee”in the amount(s) of
10 percent of the Accepted Contract Amount and
in the same currency (ies) of the Accepted
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Bid Documents

Contract Amount.
Normal working hours 6.5 Monday to Friday 8hrs per day, Monday to Friday
and 5hrs on Friday08-00 to 17-00, 08-00 to 13-00
on Saturday
Commencement of Works 8.1 Date of contract agreement or as may be agreed
Delay damages for the Works 8.7 & 0.05 % of the Contract Price per day
14.15(b)
Maximum amount of delay 8.7 10% of the final Contract Price.
damages
Payment in Applicable 13.4 The Contractor shall submit a statement determined in
Currencies accordance with Sub-Clause 12.3, at the unit rates and
prices included in the Contract, in local currency, in a
tabulated form approved by the Engineer, showing the
amounts to which the Contractor considers himself to
be entitled. The total amount shall be expressed in the
various currencies in which the Contract Price is
payable, and calculated by applying the proportions and
the exchange rates set forth in Table C of the Schedule
of Adjustment Data in the Appendix to Bid;
Provisional Sums 13.5.(b)(ii) Adjustment of Provisional Sums shall require

employers approval
Adjustments for Changes in 13.8 n = one month
Cost
Each of the following categories of works (Bill Items)
shall have a separate price adjustment formula:
Bill No. 1: General
Bill No. 2: Drainage
Bill No. 3: Earthworks and Pavement Layers of

Gravel or Crushed Stone
Bill No. 4: Asphalt Pavements and Seals
Bill No. 5: Ancillary Road Works
Bill No. 6: Structures
VIII - 3
Bid Documents

The Formulae are of the form
Pn=a+b*LLn/LLo+c*Cn/C0+d*Sn/So+e*Bn/Bo+
f*Fn/Fo+ g*Mn/Mo+h*Xn/Xo for Local Currency
components; and,
Pn=a+b*ELn/ELo+c*Cn/C0+d*Sn/So+e*Bn/Bo+
f*Fn/Fo+ g*Mn/Mo+h*Xn/Xo for Foreign Currency
components.
Where,
“Pn” is the adjustment multiplier to be applied to the
estimated value of work category in the relevant
currency of the work carried out in period “n”.
“a” is a fixed coefficient, stated in the relevant table of

adjustment data, representing the non-adjustable
portion in contractual payments;
“b”, “c”, “d”, etc. are coefficients representing the

estimated proportion of each cost element related to
the execution of the Works, as stated in the relevant
table of adjustment data;
“LLn”, “Cn”, “Sn” etc. are the current cost indices or

reference prices for period “n”, expressed in the
relevant currency of payment, each of which is
applicable to the relevant tabulated cost element on the
date 49 days prior to the last day of the period (to
which the particular Payment Certificate relates); and
“LLo”, “C0”, “So” etc. are the base cost indices or

reference prices, expressed in the relevant currency of
payment, each of which is applicable to the relevant
tabulated cost element on the Base Date.
The indices are for various items as below

LL-Local labour, EL-Expatriate Labour, C-Cement, S-
Steel, B-Bitumen, F-Fuel and lubricants, M-Metal
Products and X–Explosives, etc.
Price Adjustment shall NOT apply to the following bill

items: Bill No. 01: General
Bill No. 07: Tolerances, testing and Quality Control;
and Dayworks.
VIII - 4
Bid Documents

Futher Condition for Revision of Prices:
Revision of prices for any Bill Item in a given month
shall relate to those inputs that have been used in that
month. For example if payment for Drainage works
done in month ‘n’ does not involve use of Steel ‘S’
then the current cost index for Steel ‘Sn’ shall be taken
to be the same as the base index ‘So” such that Sn/So
= 1.
Total advance payment 14.2 Up to 1520% Percentage of the Accepted Contract

Amount payable in the currencies and proportions
in which the Accepted Contract Amount is
payable and paid against an approved on d.
Demand guarantee. applicable
Repayment amortization rate 14.2(b) The rate is 25%. Amortization shall start when
of advance payment 20% of the Accepted Contract Sum has been
certified and advance payment is to be fully
recovered when 80% of the Accepted Contract
Sum has been certified for pasyment
Percentage of Retention 14.3 10%
Limit of Retention Money 14.3 10% of the Accepted Contract Amount
Plant and Materials If Sub-Clause 14.5 applies:
14.5(b)(i) Plant and Materials for payment when shipped en
route to the Site ______________ [list].
Not applicable
14.5(c)(i) Plant and Materials for payment when delivered
to the Site including guard rail, aggregates and
bitumen only, will be paid
at___________________ [list].60% of mesasured
value as approved by the engineer
Minimum Amount of Interim 14.6 12.5% of the Accepted Contract Amount.
Payment Certificates
Payment 14.7 Advance payment - 42 days. IPC - 56 days after
engineer receives statement. All payments shall be
made in the currency or currencies specified in the
Appendix to Bid pursuant to Sub-Clause 13.4 of the
General Conditions of Contract
VIII - 5
Bid Documents

Delayed payment 14.8 Simple interest. 1% above central bank discount
rate.
Payment of Retention Money 14.9 Substitution of the second half of the retention
money with a demand guarantee is not permitted.
Maximum total liability of the 17.6 The product of 1.15 times the Accepted Contract
Contractor to the Employer Amount,
Periods for submission of 18.1

insurance:
a. evidence of insurance. 14 days of commencement date
b. relevant policies 28 days of commencement date
Maximum amount of 18.2(d) Deductibles per occurance shall not exceed:
deductibles for insurance of US$20,000 per occurance 15%
the Employer’s risks
Minimum amount of third 18.3 Limit per occurrence shall not be less than:
party insurance US$50,000.00 per occurrence, with the number of
occurrences unlimited
Date by which the DB shall be 20.2 28 days after the Commencement date
appointed
The DB shall be comprised of 20.2 One Member nominated by employer and
approved by contractor. Provide provisional sum
of US$ 350,000.00 for employer’s costs only.
Contractor to incorporate own 50% contribution +
profits and other overheads in own rates or P&Gs.
Contractor to pay DB and claim 50% of bill +
15% of claims of DB invoices as overhead costs.
List of potential DB sole 20.2 FIDIC Presidents list of adjudicators,
members www.fidic.org/
Appointment (if not agreed) to 20.3 The President of UIPE or a person appointed by
be made by the President, within 14 days, on request of either
party.
VIII - 6
Bid Documents

Rules of arbitration 20.6(a) (i) Contracts with foreign contractors
International arbitration with proceedings
administered by the Rules of Conciliation and
Arbitration of the International Chamber of
Commerce. The arbitration tribunal shall comprise
three members to be appointed in similar manner
as prescribed for the members of the DB under
sub clause 20.2.
(ii) The place of arbitration to be in Uganda
Table: Summary of Sections

Section Name/Description Time for Completion Damages for Delay
(Sub-Clause 1.1.5.6) (Sub-Clause 1.1.3.3) (Sub-Clause 8.7)
Not Applicable Not Applicable Not Applicable
30% of the length of the road is to be 60% of the Contract Period 0.015 % of the Contract
substantially complete and to be made up of Price per day
sections of the road as proposed by the
Contractor within 180 days of the start of
Contract as approved by the Engineer
IMPORTANT TO INFORM THE CONTRACTOR OF CRITICAL

DATES FOR HANDOVER/OCCUPATION OF CERTAIN PARTS OF
WORKS, INCLUDING PENALTIES, where applicable. To be discussed
with employer where applicable
VIII - 7
Bid Documents
VIII - 8
Bid Documents
Part B - Specific Provisions
Priority of Delete Sub paragraph (a) to (i) and replace with :

Documents (a) The Contract Agreement
Sub Clause 1.5
(b) The Letter of Acceptance
(c) The Minutes of the Pre- Award Meeting (any other post tender
correspondence, not included in the minutes, shall not form part
of the Contract Document)
(d) The Bid, Appendices, Schedules and Addendums
(e) Clarification & Addendums to the Bidding Documents
(f) The Particular Conditions – Part A
(g) The Particular Conditions – Part B
(h) These General Conditions
(i) The Special Specifications – Part 2, Section VI : Part C
(j) The Standard Specifications – Part 2, Section VI : Part B
(k) The Scope of Works – Part 2, Section VI : Part A
(l) The Drawings,
(m) The Priced BoQ and
(n) The Schedules and aAny other documents forming part of the
Contract.
Care and Supply Add the following at the end of Sub-Clause 1.8
of Documents
‘Two copies of the typical Drawings, on the basis of which
Sub Clause 1.8 construction of the Works is to be carried out, shall be given to
the Contractor by the Engineer progressively according to the
work programme submitted by the Contractor pursuant to
Sub-Clause 8.3.
Drawings of a particular activity shall be issued to the
Contractor at least 35 days in advance of the scheduled date of
the start of the activity.
After careful study of the typical Drawings issued by the
Engineer, the Contractor shall prepare 6 sets of detailed
Construction/Working Drawings with necessary field/
construction information and shall submit the same to the
Engineer for approval along with general description of the
methods, which the contractor intends to adopt at least 21 days
VIII - 9
Bid Documents
in advance of the Scheduled date of start of the activity.

After reviewing the Construction /Working Drawings the
Engineer shall issue 2 copies of such Drawings to the
Contractor duly stamped ‘Good for Construction’ along with
Drawing Number, Revision Number and date at least 14 days
prior to the schedule date of the start of the activity.
Detailed Construction/Working Drawings, supported by
design calculations, of Temporary Works shall be prepared by
the Contractor at his own cost and forwarded, in 6 copies, to
the Engineer at least 28 days in advance of actual
requirements for construction. The Engineer will scrutinize
and return two copies of the same for the Contractor’s use
with comments, if any, within 14 days of submission. Such
review shall not relieve the Contractor of any of his
responsibilities in connection with the Works. The Contractor
will supply 4 copies of the approved Drawings for the
Engineer’s use within 7 days of receiving the approved
drawings from the Engineer.
The cost of preparing all such Construction/ Working
Drawings shall be deemed to have been included in the
respective rates/prices of items quoted by the Contractor in the
Bill of Quantities.
On the Completion of Works, the Contractor shall arrange to
furnish to the Employer two (2) bound sets of all ‘As Built’
Drawings for every component of the Works at his own cost,
all such copies being on Polyester film of quality to be
approved by the Engineer or his Representive. 'As Built'
drawings shall be signed by both contractor and Engineer. The
Taking-Over Certificate of the Works, as per the provision of
Clause 10 hereof, shall not be issued by the Engineer in the
event of the Contractor’s failure to furnish the aforesaid ‘As
Built’ drawings for the entire Works.’
Inspections and Delete in its entirety

Audit by the
Bank
Sub Clause 1.15
Time for access to The Employer shall give the Contractor right of access to, and
the Site possession of, the site within such time as required, but subject to
right of way assessment report available at time of tender, to enable
VIII - 10
Bid Documents
Sub Clause 2.1 the Contractor to proceed without disruption in accordance with the
programme submitted under Sub-Clause 8.3.
Employer’s Delete this Clause in its entirety

Financial
Arrangements
Sub Clause 2.4
Engineer’s Duties Delete, from 4th paragraph of sub-clause 3.1, words starting from ‘the
and Authority Employer shall be deemed to have given the approval’ and substitute
with ‘the Engineer shall obtain specific approval of the Employer
Sub Clause 3.1 before excercising a specific authority required pursuant to
Conditions of Contract.’
Renumber Sub-Clause 3.1 (e) as Sub-Clause 3.1 (i) and add the
following after Sub-Clause 3.1(d)
(e) Sub-Clause 4.4: Consenting to the proposed Subcontracting of
any part of the Works.
(f) Sub-Clause 8.1: Issuing the Notice to Commence the Works.
(g) Sub-Clause 8.8: Instructing the Contractor to suspend progress
of part or all of the Works.
(h) Sub-Clause 12.3: Agreeing or Determining new rates (s) or
price.’
(j) determining an extension of time under Clause 8.4
(k) certifying payment if the Contract Price will be exceeded;
(l) authorising the use of Provisional Sums;
(m) issuing any taking-over certificate;
(o) issuing a Defects Liability Certificate
(n) issuing a performance certificate.

(o)
Contractor’s In the fourth paragraph replace “Bank” with “Government of

General Uganda”
Obligations Add after paragraph 5, the following:
Sub Clause 4.1 “The Contractor shall submit to the Engineer a breakdown of
his rates at the Pre Award meeting or if requested by the
VIII - 11
Bid Documents
Engineer during Bid Evaluation”
Performance Current provision is adequate. Any clarification can be included in

Security sub clause 41.1, Pt I of Bidding procedures
Sub Clause 4.2
In lines 4 and 5 of 2nd paragraph, substitute the words ‘an entity and
from within a country (or other jurisdiction )’ with:
‘any recognised commercial bank located in Uganda or a
foreign bank endorsed by a correspondent bank located in
Uganda.’
Add last paragraph:
“The cost of complying with the requirements of this Clause
shall be borne entirely by the Contractor”
Contractor’s Add the following at the end of the SubClause:

Representative “The Contractor shall ensure that his authorized representive
Sub Clause 4.3 attends all periodic/specially called progress review meetings
notified by the Engineer and/or Employer and / or their
representative(s).”
Setting Out Add the following paragraph after the 1st paragraph:
Sub Clause 4.7 “The Contractor shall give to the Engineer not less than 48 (forty
eight) hours notice of his intention to set out or give levels for any
part of the Works so that timely arrangement may be made for
checking or issuing instructions.”
Add the following after the first paragraph of theSub-Clause:

Site data ‘The Employer shall not be held responsible for any assessments
Sub Clause 4.10 made nor for any conclusion that the Contractor may draw from
the information provided including any estimation of quantities.
Any differences observed between data presented in any report
and the test results and investigation data obtained during the
construction period will not entitle the Contractor to any
additional payment.’
Protection of the Add the following at the end of first para:

Environment “The Contractor shall adhere to the measures prescribed in the
VIII - 12
Bid Documents
Sub Clause 4.18 Environment Management Plan to avoid/ minimise/ mitigate
adverse impacts on the environment.”
Engagement of GCC provision applies
Staff and Labour
Sub Clause 6.10
Foreign Personnel Delete first sentence and replace with the following:
Sub Clause 6.12 “The Contractor may bring in to the Country personnel named
in his Bid document as key staff necessary for the execution of
the Works to the extent allowed by the applicable Laws.”
Programme Insert new Sub paragraph (b) and renumber existing sub paragraphs
(b) to (d) as (c) to (e).
Sub Clause 8.3
“(b) a clear representation of the Critical Path of the project.”
Add the following at the end of the Sub-Clause:
“No time delays will be approved during the period(s) not
covered by an approved Contractor’s programme.
For note below: Design Consultant’s to also insert in notes

to bidders or preamble to BOQ,
“The Contractor’s attention is particularly drawn to the need
to familiarize himself with customs procedures of the
Republic of Uganda in connection with importation, and to
allow sufficient time in its programme for these to be
completed.”
Add a final paragraph at the end of Sub-Clause 13.5, as follows:

Sub-clause 13.5
Provisional Items
“All items set out in the Bill of Quantities which are stated to be
provisional items (identified with the words “Provisional Item” in
brackets), or for contingencies, shall be used only at the discretion of
the Engineer and if not used, either wholly or in part, then the amount
not used shall be deducted from the contract price.”
Add the following at the end of Sub-Clause 13.8
Adjustments for
Changes in Cost
Sub Clause 13.8 As the proposed basis for price adjustment, the Contractor shall have
submitted with his bid the tabulation of Weightings and Source of
VIII - 13
Bid Documents
Indices in the Appendix to Bid, which shall be appropriate for their
purpose and shall relate to the Contractor’s proposed source of
supply of inputs on the basis of which his Contract Price and
expected foreign currency requirements shall have been computed.
The Contractor shall not sign the agreement before he submits base
indices from the approved sources otherwise the unit rates and prices
included in the Contract shall be deemed to include amounts to cover the
contingency of such rise or fall of costs.
VIII - 14

08section VIII - Particular Conditions (PC) Rev C

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08section VIII - Particular Conditions (PC) Rev C

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Доступные форматы

National Roads Development & Maintenance Programme (NRDMP)

BID Documents for Civil Works for Upgrading of the

Section VIII. Particular Conditions (PC)

Conditions Sub-Clause Data

Conditions Sub-Clause Data

Provisional Sums 13.5.(b)(ii) Adjustment of Provisional Sums shall require

Bill No. 1: General

Bill No. 2: Drainage

Bill No. 3: Earthworks and Pavement Layers of

Bill No. 4: Asphalt Pavements and Seals

Bill No. 5: Ancillary Road Works

Bill No. 6: Structures

Conditions Sub-Clause Data

“a” is a fixed coefficient, stated in the relevant table of

“b”, “c”, “d”, etc. are coefficients representing the

“LLn”, “Cn”, “Sn” etc. are the current cost indices or

“LLo”, “C0”, “So” etc. are the base cost indices or

The indices are for various items as below

Price Adjustment shall NOT apply to the following bill

Conditions Sub-Clause Data

Total advance payment 14.2 Up to 1520% Percentage of the Accepted Contract

Conditions Sub-Clause Data

Periods for submission of 18.1

Conditions Sub-Clause Data

(ii) The place of arbitration to be in Uganda

Table: Summary of Sections

IMPORTANT TO INFORM THE CONTRACTOR OF CRITICAL

Part B - Specific Provisions

Priority of Delete Sub paragraph (a) to (i) and replace with :

in advance of the Scheduled date of start of the activity.

Inspections and Delete in its entirety

Employer’s Delete this Clause in its entirety

(k) certifying payment if the Contract Price will be exceeded;

(l) authorising the use of Provisional Sums;

(m) issuing any taking-over certificate;

(o) issuing a Defects Liability Certificate

(n) issuing a performance certificate.

Contractor’s In the fourth paragraph replace “Bank” with “Government of

Engineer during Bid Evaluation”

Performance Current provision is adequate. Any clarification can be included in

Contractor’s Add the following at the end of the SubClause:

Add the following after the first paragraph of theSub-Clause:

Protection of the Add the following at the end of first para:

For note below: Design Consultant’s to also insert in notes

Add a final paragraph at the end of Sub-Clause 13.5, as follows:

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