F.

PERFORMANCE OF THE CONTRACT

Sura Solomon 1914/12
1.Scope of Works

 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.
2. Commencement of Works
 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.
 The Start Date for commencing execution of the
Works shall be not later than 120 days following
notification of award of contract unless agreed
otherwise by the parties.
3. Period of Execution of Works
 The period of execution of Works shall
commence on the Start Date fixed without
prejudice to extensions of the period.
4.Extension of Intended Completion Date
 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.
5. Compensation Events for Allowing 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 instructions 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

6.Acceleration
 When the Public Body wants the Contractor to finish
before the Intended Completion Date, the Engineer will
obtain priced proposals for achieving the necessary
acceleration from the Contractor.
7. Management Meetings
 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.
8.Early Warning
 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 increase the Contract
Price or delay the execution of the Works
9. Delays in Implementation of Tasks
 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.
10. Work Register
 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 Contractor;
• 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.
11. Origin and Quality of Works and Materials
 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.
12. Inspection and Testing
 For the purposes of such tests and inspections, the
Contractor shall:
• provide to the Engineer, temporarily and free of charge,
such assistance, test samples, 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.
13. Rejection
 Components and materials which are not of the specified
quality shall be rejected.
 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
 the substitution of proper and suitable
components or materials
 the demolition and proper re-execution
14. Ownership of Plant and Materials
 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 controlling
interest shall, for the duration of the execution of the
works, be:
 vested in the Public Body
 made subject to a lien in favor of the Public
Body
 made subject to any other arrangement
regarding priority interest or security