EMPLOYERS NAME ----

LOCATION ----

DOCUMENT TITLE ----

Subject Contract
Reference no.
Date of Issue

---------SUB-HEADING IF ANY ----

NB Business Complex, Mike Leyland Street, 7th Floor, Suite 703

Bole Sub-City, Wereda 06, House # 327/1
TEL: +251.116.180694, +251.116.180573

Employers Name ---Location ----

Agreement
THIS AGREEMENT made the ----------------day of the month of [month ----,
year ----], between [the Employer ----] (hereinafter the Employer), of the
one part, and [the Contractor ----] (hereinafter the Contractor), of the
other part:
Whereas the Employer is desirous that the contractor should execute,
complete and maintain [project title] (hereinafter called the Works) and
the Employer has accepted the Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein for the
Contract Price of the equivalent of Ethiopian [Project sum in figures],
[Project sum in words].
NOW THEREFORE, the parties agreed as follows:
1.
In this Agreement, words and expressions shall have the same
meanings as are respectively assigned to them in the Contract referred
to.
2.
In consideration of the payments to be made by the Employer to the
Contractor as hereinafter mentioned, the Contractor hereby covenants
with the Employer to execute and complete the Works and remedy any
defects therein in conformity in all respects with the provisions of the
Contract.
3.
The Employer hereby covenants to pay the Contractor in consideration
of the execution and completion 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 prescribed by the Contract.
4
The Contract Price or such other sum as may be payable shall be paid
100percent in Ethiopian Birr.
5
The Employer also hereby covenants to put into effect any existing or
forthcoming directives issued by Federal Authorities with regard to the
price of fuel, cement, reinforcement, steel and bitumen based on the
base price indicated in particular condition of contract.
6
The following documents shall be deemed to form and be read and
construed as part of this agreement,
6.1
This Agreement
6.2
Letter of Acceptance,
6.3
Proposed manpower & equipment, soil investigation reports
and work methodology (copies attached herewith),
6.4
General Condition of Contract PPA 2006, and Appendixes,
6.5
Conditions of Particular Application,
6.6
All Schedules,
Revised work schedule to be agreed upon,
Advance Payment Disbursement Schedule to be
agreed upon,
BIGAR Architecture + Engineering + Urban
Design

Page 2 of 40

Employers Name ---Location ---6.7

6.8

Priced, signed and sealed Bill of Quantities,

Performance and advance payment bonds to be provided as
specified in particular condition of contract.

7. The whole work shall be executed and completed within 240 (Two
Hundred Forty) calendar days starting from the commencement date
ordered by the consultant excluding 7 calendar days of mobilization time.
8. The consultant BIGAR Architecture + Engineering + Urban +
Design PLC shall be responsible for administering the Contract in
accordance with Contract Documents specified here above and witnesses
this Agreement as hereunder.
IN WITNESS hereof the parties have caused this agreement to be signed and
sealed with respective seals on the day and year first written above.
Signed by ___________________________ (for the Employer)
Name:______________________________ Position:__________________________
Signed by ___________________________ (for the Contractor)
Name:______________________________ Position:___________________________

Witnesses
1. _____________________________
2. _____________________________
3. _____________________________

BIGAR Architecture + Engineering + Urban

Design

_______________
_______________
_______________

Page 3 of 40

Employers Name ---Location ----

Section 7: General Conditions of Contract

Table of Clauses

GENERAL....................................................................................................... 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

DEFINITIONS............................................................................................................... 6
INTERPRETATION.......................................................................................................... 7
LANGUAGE AND LAW.................................................................................................... 8
ENGINEERS DECISIONS................................................................................................ 8
DELEGATION............................................................................................................... 8
COMMUNICATIONS....................................................................................................... 8
SUBCONTRACTING....................................................................................................... 8
OTHER CONTRACTORS.................................................................................................. 9
PERSONNEL................................................................................................................ 9
EMPLOYERS AND CONTRACTORS RISKS..........................................................................9
EMPLOYERS RISKS9
CONTRACTORS RISKS................................................................................................ 10
INSURANCE.............................................................................................................. 10
SITE INVESTIGATION REPORTS......................................................................................10
QUERIES ABOUT THE SPECIAL CONDITIONS OF CONTRACT.................................................10
CONTRACTOR TO CONSTRUCT THE WORKS.....................................................................10
THE WORKS TO BE COMPLETED BY THE INTENDED COMPLETION DATE.................................10
APPROVAL BY THE ENGINEER.......................................................................................11
SAFETY................................................................................................................... 11
DISCOVERIES............................................................................................................ 11
POSSESSION OF THE SITE............................................................................................ 11
ACCESS TO THE SITE................................................................................................. 11
INSTRUCTIONS.......................................................................................................... 11
DISPUTES................................................................................................................ 11
PROCEDURE FOR DISPUTES......................................................................................... 12
REPLACEMENT OF ADJUDICATOR...................................................................................12

TIME CONTROL............................................................................................ 12
27
28
29
30
31
32

PROGRAM................................................................................................................ 12
EXTENSION OF THE INTENDED COMPLETION DATE............................................................13
ACCELERATION.......................................................................................................... 13
DELAYS ORDERED BY THE ENGINEER.............................................................................13
MANAGEMENT MEETINGS............................................................................................ 13
EARLY WARNING....................................................................................................... 13

QUALITY CONTROL.......................................................................................14
33
34
35
36

IDENTIFYING DEFECTS................................................................................................ 14
TESTS..................................................................................................................... 14
CORRECTION OF DEFECTS........................................................................................... 14
UNCORRECTED DEFECTS............................................................................................. 14

COST CONTROL............................................................................................ 14
37
38

BILL OF QUANTITIES OR ACTIVITY SCHEDULE..................................................................14

CHANGE IN THE BILL OF QUANTITIES OR ACTIVITY SCHEDULE.............................................15

BIGAR Architecture + Engineering + Urban

Design

Page 4 of 40

Employers Name ---Location ---39

40
41
42
43
44
45
46
47
48
49
50
51
52
53
54

VARIATIONS.............................................................................................................. 15
PAYMENT FOR VARIATIONS.......................................................................................... 15
CASH FLOW FORECASTS............................................................................................. 16
PAYMENT CERTIFICATES.............................................................................................. 16
PAYMENTS................................................................................................................ 16
COMPENSATION EVENTS............................................................................................. 17
TAX........................................................................................................................ 18
CURRENCIES............................................................................................................. 18
PRICE ADJUSTMENT.................................................................................................... 18
RETENTION.............................................................................................................. 19
LIQUIDATED DAMAGES................................................................................................ 19
BONUS.................................................................................................................... 19
ADVANCE PAYMENT.................................................................................................... 19
SECURITIES.............................................................................................................. 20
DAYWORKS...............................................................ERROR! BOOKMARK NOT DEFINED.
COST OF REPAIRS...................................................................................................... 20

FINISHING THE CONTRACT............................................................................20

55
56
57
58
59
60
61
62

COMPLETION............................................................................................................ 20
TAKING OVER........................................................................................................... 20
FINAL ACCOUNT........................................................................................................ 21
OPERATING AND MAINTENANCE MANUALS......................................................................21
TERMINATION............................................................................................................ 21
PAYMENT UPON TERMINATION......................................................................................22
PROPERTY................................................................................................................ 23
RELEASE FROM PERFORMANCE.....................................................................................23

BIGAR Architecture + Engineering + Urban

Design

Page 5 of 40

Employers Name ---Location ----

Section 7.

General Conditions of Contract

General

Definitions

1.1

The following words and expressions shall have the meanings hereby assigned to them:

The Activity Schedule means the priced Activity Schedule forming part of the Bid for a Lum
Sum Contract.

The Adjudicator is the person appointed jointly by the Employer and the Contractor to resol
disputes in the first instance, as provided for in Clauses 24 and 25 hereunder.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid f
an Admeasurement contract.
Compensation Events are those defined in Clause 44 hereunder.
The Completion Date is the date of completion of the Works as certified by the Engineer,
accordance with Sub-Clause 55.1.

The Contract is the Contract between the Employer and the Contractor to execute, complet
and maintain the Works. It consists of the documents listed in Clause 2.3 below.

The Contractor is a person or corporate body whos Bid to carry out the Works has bee
accepted by the Employer and means Supplier as defined in the Public Procureme
Proclamation.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjuste
in accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.

Day works are varied work inputs subject to payment on a time basis for the Contractor
employees and Equipment, in addition to payments for associated Materials and Plant.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by Engineer upon correction of
defects by the Contractor.
The Defects Liability Period is the period named in the Special Conditions of Contract and
calculated from the Completion Date.

Drawings include calculations and other information provided or approved by the Engine
for the execution of the Contract.

The Employer is the party who employs the Contractor to carry out the Works and mea
Procuring Entity as defined in the Public Procurement Proclamation.

The Engineer is the person named in the Special Conditions of Contract (or any oth
competent person appointed by the Employer and notified to the Contractor, to act
replacement of the Engineer) who is responsible for supervising the execution of the Works an
administering the Contract.
Equipment is the Contractors machinery and vehicles brought temporarily to the Site
construct the Works.

The Initial Contract Price is the Contract Price listed in the Employers Letter of Acceptance.
BIGAR Architecture + Engineering + Urban
Design

Page 6 of 40

Employers Name ---Location ----

The Intended Completion Date is the date on which it is intended that the Contractor sh
complete the Works. The Intended Completion Date is specified in the Special Conditions
Contract. The Intended Completion Date may be revised only by the Engineer by issuing a
extension of time or an acceleration order.

Materials are all supplies, including consumables, used by the Contractor for incorporation
the Works.
Plant is any integral part of the Works that shall have a mechanical, electrical, chemical,
biological function.
The Site is the area defined as such in the Special Conditions of Contract.

Site Investigation Reports are those that were included in the bidding documents and a
factual and interpretative reports about the surface and subsurface conditions at the Site.

Specification means the Specification of the Works included in the Contract and a
modification or addition made or approved by the Engineer.

The Start Date is given in the Special Conditions of Contract. It is the latest date when th
Contractor shall commence execution of the Works. It does not necessarily coincide with any
the Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with the Contractor
carry out a part of the work in the Contract, which includes work on the Site.

The Contractors Bid is the completed bidding document submitted by the Contractor to th
Employer.

Temporary Works are works designed, constructed, installed, and removed by the Contract
that are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer, which varies the Works.

The Works are what the Contract requires the Contractor to construct, install, and turn ov
to the Employer, as defined in the Special Conditions of Contract.
2

Interpretation

2.1

In interpreting these General Conditions of Contract, singular also means plural, male al
means female or neuter, and the other way around. Headings have no significance. Wor
have their normal meaning under the language of the Contract unless specifically define
The Engineer will provide instructions clarifying queries about these General Conditions
Contract.

2.2

If sectional completion is specified in the Special Conditions of Contract, references in th

General Conditions of Contract to the Works, the Completion Date, and the Intende
Completion Date apply to any Section of the Works (other than references to the Completio
Date and Intended Completion Date for the whole of the Works).

2.3

The documents forming the Contract shall be interpreted in the following order of priority:
(1)

Agreement,

(2)

Letter of Acceptance,

(3)

Contractors Bid,

(4)

Special Conditions of Contract,

(5)

General Conditions of Contract,

BIGAR Architecture + Engineering + Urban

Design

Page 7 of 40

Employers Name ---Location ---(6)

Specifications,

(7)

Drawings,

(8)

Bill of Quantities or Activity Schedule, and

(9)

Any other document listed in the Special Conditions of Contract as forming part of
the Contract.

Language and Law

3.1

The language of the Contract is Amharic and the law governing the Contract is that of th
Federal Democratic Republic of Ethiopia.

Engineers Decisions

4.1 Except where otherwise specifically stated and subject to any restrictions in the Spec
Conditions of Contract, the Engineer will decide contractual matters between the Employ
and the Contractor in the role representing the Employer.
5

Delegation

5.1

The Engineer may delegate any of his duties and responsibilities to other people except
the Adjudicator, after notifying the Contractor, and may cancel any delegation after notifyin
the Contractor.
Communications

6.1
7

Communications between parties that are referred to in the Conditions shall be effecti
only when in writing. A notice shall be effective only when it is delivered.
Subcontracting

7.1

The Contractor may subcontract with the approval of the Engineer, but may not assign th
Contract without the approval of the Employer in writing. Subcontracting shall not alter th
Contractors obligations.

Other Contractors

8.1

The Contractor shall cooperate and share the Site with other contractors, public authoritie
utilities, and the Employer between the dates given in the Schedule of Other Contractors,
referred to in the Special Conditions of Contract. The Contractor shall also provide faciliti
and services for them as described in the Schedule. The Employer may modify the Schedu
of Other Contractors, and shall notify the Contractor of any such modification.
Personnel

9.1

The Contractor shall employ the key personnel named in the Schedule of Key Personnel,
referred to in the Special Conditions of Contract, to carry out the functions stated in th
Schedule or other personnel approved by the Engineer. The Engineer will approve an
proposed replacement of key personnel only if their relevant qualifications and abilities a
substantially equal to or better than those of the personnel listed in the Schedule.

9.2

If the Engineer asks the Contractor to remove a person who is a member of the Contractor
staff or work force, stating the reasons, the Contractor shall ensure that the person leav
the Site within seven days and has no further connection with the work in the Contract.

BIGAR Architecture + Engineering + Urban

Design

Page 8 of 40

Employers Name ---Location ---10

Employers and Contractors Risks

10.1 The Employer carries the risks which this Contract states are Employers risks, and th
Contractor carries the risks which this Contract states are Contractors risks.
11

Employers Risks

11.1 Unless otherwise specified in the SCC, from the Start Date until the Defects Correctio
Certificate has been issued, the following are Employers risks:

11.1.1The risk of personal injury, death, or loss of or damage to property (excluding the Work
Plant, Materials, and Equipment), which are due to:
Use or occupation of the Site by the Works or for the purpose of the Work
which is the unavoidable result of the Works, or
Negligence, breach of statutory duty, or interference with any legal right b
the Employer or by any person employed by or contracted to him exce
the Contractor.
11.1.2The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is d
to a fault of the Employer or in the Employers design, or due to war or radioacti
contamination directly affecting the country where the Works are to be executed.

11.2 From the Completion Date until the Defects Correction Certificate has been issued, the ri
of loss of or damage to the Works, Plant, and Materials is a Employers risk except loss
damage due to
11.2.1 A Defect which existed on the Completion Date,
11.2.2 An event occurring before the Completion Date, which was not itself a Employers risk, or
11.2.3The activities of the Contractor on the Site after the Completion Date.
12

Contractors Risks

12.1 From the Starting Date until the Defects Correction Certificate has been issued, the risks
personal injury, death, and loss of or damage to property (including, without limitation, th
Works, Plant, Materials, and Equipment) which are not Employers risks are Contractor
risks.
13

Insurance

13.1 The Contractor shall provide, in the joint names of the Employer and the Contracto
insurance cover from the Start Date to the end of the Defects Liability Period, in the amoun
and deductibles stated in the Special Conditions of Contract for the following events whi
are due to the Contractors risks:
13.1.1 Loss of or damage to the Works, Plant, and Materials;
13.1.2 Loss of or damage to Equipment;
13.1.3 Loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
13.1.4 Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engine
for the Engineers approval before the Start Date. All such insurance shall provide f
compensation to be payable in the types and proportions of currencies required to rectify th
loss or damage incurred.
BIGAR Architecture + Engineering + Urban
Design

Page 9 of 40

Employers Name ---Location ----

13.3 If the Contractor does not provide any of the policies and certificates required, the Employ
may effect the insurance which the Contractor should have provided and recover th
premiums the Employer has paid from payments otherwise due to the Contractor or, if n
payment is due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of insurance shall not be made without the approval of th
Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies.
14

Site Investigation Reports

14.1 The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports referred
in the Special Conditions of Contract, supplemented by any information available to th
Bidder.
15

Queries about the Special Conditions of Contract

15.1 The Engineer will clarify queries on the Special Conditions of Contract.
16

Contractor to Construct the Works

16.1 The Contractor shall construct and install the Works in accordance with the Specificatio
and Drawings.
17

The Works to Be Completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry o
the Works in accordance with the Program submitted by the Contractor, as updated with th
approval of the Engineer, and complete them by the Intended Completion Date.
18

Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed Tempora
Works to the Engineer, who is to approve them if they comply with the Specifications an
Drawings.
18.2 The Contractor shall be responsible for design of Temporary Works.

18.3 The Engineers approval shall not alter the Contractors responsibility for design of th
Temporary Works.

18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Work
where required.

18.5 All Drawings prepared by the Contractor for the execution of the temporary or permane
Works, are subject to prior approval by the Engineer before this use.
19

Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20

Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on th

Site shall be the property of the Employer. The Contractor shall notify the Engineer of su
discoveries and carry out the Engineers instructions for dealing with them.
21

Possession of the Site

BIGAR Architecture + Engineering + Urban

Design

Page 10 of 40

Employers Name ---Location ----

21.1 The Employer shall give possession of the Site to the Contractor, as defined in th
Contractors approved work program. If possession of a part is not given by the date state
in the approved work program, the Employer will be deemed to have delayed the start of th
relevant activities, and this will be a Compensation Event.
22

Access to the Site

22.1 The Contractor shall allow the Engineer/Employer and any person authorized by th
Engineer access to the Site and to any place where work in connection with the Contract
being carried out or is intended to be carried out.
23

Instructions

23.1 The Contractor shall carry out all instructions of the Engineer, which comply with th
applicable laws where the Site is located.
24

Disputes

24.1 If the Contractor believes that a decision taken by the Engineer was either outside th
authority given to the Engineer by the Contract or that the decision was wrongly taken, th
decision shall be referred to the Adjudicator within 14 days of the notification of th
Engineers decision.
25

Procedure for Disputes

25.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of
dispute.

25.2 The Adjudicator shall be paid by the hour at the rate specified in the Bid Data Sheet an
Special Conditions of Contract, together with reimbursable expenses of the types specified
the Special Conditions of Contract, and the cost shall be divided equally between th
Employer and the Contractor, whatever decision is reached by the Adjudicator. Either par
may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator
written decision. If neither party refers the dispute to arbitration within the above 28 day
the Adjudicators decision will be final and binding.

25.3 The arbitration shall be conducted in accordance with the arbitration procedure published b
the institution named and in the place shown in the Special Conditions of Contract.
26

Replacement of Adjudicator

26.1 Should the Adjudicator resign or die, or should the Employer and the Contractor agree th
the Adjudicator is not functioning in accordance with the provisions of the Contract, a ne
Adjudicator will be jointly appointed by the Employer and the Contractor. In case
disagreement between the Employer and the Contractor, within 30 days, the Adjudicat
shall be designated by the Appointing Authority designated in the Special Conditions
Contract at the request of either party, within 14 days of receipt of such request.

Time Control
27

Program

27.1 Within the time stated in the Special Conditions of Contract, the Contractor shall submit
the Engineer for approval a Program showing the general methods, arrangements, orde
BIGAR Architecture + Engineering + Urban
Design

Page 11 of 40

Employers Name ---Location ---and timing including cash flow forecast for all the activities in the Works.

27.2 An update of the Program shall be a program showing the actual progress achieved on ea
activity and the effect of the progress achieved on the timing of the remaining wor
including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer for approval an updated Program at intervals n
longer than the period stated in the Special Conditions of Contract. If the Contractor do
not submit an updated Program within this period, the Engineer may withhold the amou
stated in the Special Conditions of Contract from the next payment certificate and continu
to withhold this amount until the next payment after the date on which the overdue Progra
has been submitted.

27.4 The Engineers approval of the Program shall not alter the Contractors obligations. Th
Contractor may revise the Program and submit it to the Engineer again at any time.
revised Program shall show the effect of Variations and Compensation Events.
28

Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs
a Variation is issued which makes it impossible for Completion to be achieved by th
Intended Completion Date without the Contractor taking steps to accelerate the remainin
work, which would cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended Completio
Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of
Compensation Event or Variation and submitting full supporting information. If th
Contractor has failed to give early warning of a delay or has failed to cooperate in dealin
with a delay, the delay by this failure shall not be considered in assessing the new Intende
Completion Date.
29

Acceleration

29.1 When the Employer wants the Contractor to finish before the Intended Completion Date, th
Engineer will obtain priced proposals for achieving the necessary acceleration from th
Contractor. If the Employer accepts these proposals, the Intended Completion Date will b
adjusted accordingly and confirmed by both the Employer and the Contractor.

29.2 If the Contractors priced proposals for acceleration are accepted by the Employer, they a
incorporated in the Contract Price and treated as a Variation.
30

Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity with
the Works.
31

Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a manageme
meeting. The business of a management meeting shall be to review the plans for remainin
work and to deal with matters raised in accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and provide copies of th
record to those attending the meeting and to the Employer. The responsibility of the parti
for actions to be taken shall be decided by the Engineer either at the management meetin
or after the management meeting and stated in writing to all who attended the meeting.
BIGAR Architecture + Engineering + Urban
Design

Page 12 of 40

Employers Name ---Location ---32

Early Warning

32.1 The Contractor shall warn the Engineer at the earliest opportunity of specific likely futu
events or circumstances that may adversely affect the quality of the work increase th
Contract Price or delay the execution of the Works. The Engineer may require the Contract
to provide an estimate of the expected effect of the future event or circumstance on th
Contract Price and Completion Date. The estimate shall be provided by the Contractor
soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering proposals f
how the effect of such an event or circumstance can be avoided or reduced by anyon
involved in the work and in carrying out any resulting instruction of the Engineer.

Quality Control
33

Identifying Defects

33.1 The Engineer shall check the Contractors work and notify the Contractor of any Defects th
are found. Such checking shall not affect the Contractors responsibilities. The Engineer m
instruct the Contractor to search for a Defect and to uncover and test any work that th
Engineer considers may have a Defect.
34

Tests

34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specificatio
to check whether any work has a Defect and the test shows that it does, the Contractor sha
pay for the test and any samples. If there is no Defect, the test shall be a Compensatio
Event.
35

Correction of Defects

35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defec
Liability Period, which begins at Completion, and is defined in the Special Conditions
Contract. The Defects Liability Period shall be extended for as long as Defects remain to b
corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect with
the length of time specified by the Engineers notice.
36

Uncorrected Defects

36.1 If the Contractor has not corrected a Defect within the time specified in the Engineer
notice, the Engineer will assess the cost of having the Defect corrected, and the Contract
will pay this amount.

Cost Control
37

Bill of Quantities or Activity Schedule

37.1 This Contract is:

An Admeasurements Contract with a Bill of Quantities, subject to Option 1; or
A Lump Sum Contract with an Activity Schedule, subject to Option 2,
as indicated in the Special Conditions of Contract.
Option 1: Bill of Quantities for Admeasurements Contract

37.2 The Bill of Quantities shall contain items for the construction, installation, testing, an
BIGAR Architecture + Engineering + Urban
Design

Page 13 of 40

Employers Name ---Location ---commissioning work to be done by the Contractor.

37.3 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for th
quantity of the work done at the rate in the Bill of Quantities for each item.
Option 2: Activity Schedule for Lump Sum Contract

37.4 The Contractor shall provide updated Activity Schedules within 14 days of being instructe
to by the Engineer. The activities on the Activity Schedule shall be co-ordinated with th
activities on the Program.

37.5 The Contractor shall show delivery of Materials to the Site separately on the Activi
Schedule if payment for Materials on Site shall be made separately.
38
Change in the Bill of Quantities or Activity Schedule
Option 1: Changes in the Bill of Quantities for Admeasurements Contracts

38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for th
particular item by more than 25 percent, provided the change exceeds 5 percent of th
Initial Contract Price, the Engineer shall adjust the rate to allow for the change.

38.2 The Engineer shall not adjust rates from changes in quantities if thereby the Initial Contra
Price is exceeded by more than 15 percent, except with the prior approval of the Employer.

38.3 If requested by the Engineer, the Contractor shall provide the Engineer with a detailed co
breakdown of any rate in the Bill of Quantities.
Option 2: Changes in the Activity Schedule for Lump Sum Contracts

38.4 The Activity Schedule shall be amended by the Contractor to accommodate changes
Program or method of working made at the Contractors own discretion. Prices in the Activi
Schedule shall not be altered when the Contractor makes such changes to the Activi
Schedule.
39

Variations

39.1 All Variations shall be included in updated Programs (or in the case of Lump Sum Contrac
in updated Programs and Activity Schedules) produced by the Contractor.
40

Payment for Variations

40.1 For both Admeasurements and Lump Sum Contracts, the Contractor shall provide th
Engineer with a quotation for carrying out the Variation when requested to do so by th
Engineer. The Engineer shall assess the quotation, which shall be given within seven days
the request or within any longer period stated by the Engineer and before the Variation
ordered.

40.2 For Admeasurements Contracts only, if the work in the Variation corresponds with an ite
description in the Bill of Quantities and if, in the opinion of the Engineer, the quantity of wo
above the limit stated in Sub-Clause 38.1 or the timing of its execution do not cause the co
per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate th
value of the Variation. If the cost per unit of quantity changes, or if the nature or timing
the work in the Variation does not correspond with items in the Bill of Quantities, th
quotation by the Contractor shall be in the form of new rates for the relevant items of work

40.3 For both Admeasurements and Lump Sum Contracts, if the Contractors quotation
unreasonable, the Engineer may order the Variation and make a change to the Contra
BIGAR Architecture + Engineering + Urban
Design

Page 14 of 40

Employers Name ---Location ----

Price, which shall be based on the Engineers own forecast of the effects of the Variation o
the Contractors costs.

40.4 For both Admeasurements and Lump Sum Contracts, if the Engineer decides that th
urgency of varying the work would prevent a quotation being given and considered witho
delaying the work, no quotation shall be given and the Variation shall be treated as
Compensation Event.
40.5 For both Admeasurements and Lump Sum Contracts, the Contractor shall not be entitled
additional payment for costs that could have been avoided by giving early warning.
41

Cash Flow Forecasts

41.1 When the Program (or in the case of Lump Sum Contracts the Program or Activity Schedule
is updated, the Contractor shall provide the Engineer with an updated cash flow forecast.
42

Payment Certificates

42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value
the work executed less the cumulative amount certified previously.

42.2 The Engineer shall check the Contractors monthly statement and certify the amount to b
paid to the Contractor.
42.3 The value of work executed shall be determined by the Engineer.
42.4 The value of work executed shall comprise the value of:

The quantities of the items in the Bill of Quantities completed in the case of Admeasuremen
Contracts; or
Completed activities in the Activity Schedule in the case of Lump Sum Contracts.

42.5 The value of work executed shall include the valuation of Variations and Compensatio
Events.

42.6 The Engineer may exclude any item certified in a previous certificate or reduce th
proportion of any item previously certified in any certificate in the light of later information.
43

Payments

43.1 Payments shall be adjusted for deductions for advance payments and retention. Th
Employer shall pay the Contractor the amounts certified by the Engineer within 30 days
the date of each certificate. If the Employer makes a late payment, the Contractor shall b
paid interest on the late payment in the next payment. Interest shall be calculated from th
date by which the payment should have been made up to the date when the late payment
made at the prevailing rate of interest for commercial borrowing for each of the currencies
which payments are made.

43.2 If an amount certified is increased in a later certificate or as a result of an award by th

Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payme
as set out in this clause. Interest shall be calculated from the date upon which the increase
amount would have been certified in the absence of dispute.
43.3 All payments and deductions will be paid or charged in Ethiopian Birr.

43.4 Items of the Works for which no rate or price has been entered in will not be paid for by th
Employer and shall be deemed covered by other rates and prices in the Contract.
BIGAR Architecture + Engineering + Urban
Design

Page 15 of 40

Employers Name ---Location ---44

Compensation Events

44.1 The following shall be Compensation Events:

44.1.1 The Employer does not give access to a part of the Site by the Site Possession Date state
in the Contractors approved work program.
44.1.2 The Employer modifies the Schedule of Other Contractors in a way that affects the work
the Contractor under the Contract.
44.1.3 The Engineer orders a delay or does not issue Drawings, Specifications, or instructio
required for execution of the Works on time.
44.1.4 The Engineer instructs the Contractor to uncover or to carry out additional tests upon wor
which is then found to have no Defects.
44.1.5 The Engineer unreasonably does not approve a subcontract to be let.
44.1.6 Ground conditions are substantially more adverse than could reasonably have bee
assumed before issuance of the Letter of Acceptance from the information issued to bidde
(including the Site Investigation Reports referred to in GCC 14.1), from information availab
publicly and from a visual inspection of the Site.
44.1.7 The Engineer gives an instruction for dealing with an unforeseen condition, caused by t
Employer, or additional work required for safety or other reasons.
44.1.8 Other contractors, public authorities, utilities, or the Employer does not work within t
dates and other constraints stated in the Contract, and they cause delay or extra cost to t
Contractor.
44.1.9 The advance payment is delayed.
44.1.10 The effects on the Contractor of any of the Employers Risks.
44.1.11 The Engineer unreasonably delays issuing a Certificate of Completion.
44.1.12 Other Compensation Events described in the Special Conditions of Contract
determined by the Engineer shall apply.

44.2 If a Compensation Event would cause additional cost or would prevent the work bein
completed before the Intended Completion Date, the Contract Price shall be increase
and/or the Intended Completion Date shall be extended. The Engineer shall decide wheth
and by how much the Contract Price shall be increased and whether and by how much th
Intended Completion Date shall be extended.

44.3 As soon as information demonstrating the effect of each Compensation Event upon th
Contractors forecast cost has been provided by the Contractor, it shall be assessed by th
Engineer, and the Contract Price shall be adjusted accordingly. If the Contractors forecast
deemed unreasonable, the Engineer shall adjust the Contract Price based on the Engineer
own forecast. The Engineer will assume that the Contractor will react competently an
promptly to the event.

44.4 The Contractor shall not be entitled to compensation to the extent that the Employer
interests are adversely affected by the Contractors not having given early warning or n
having cooperated with the Engineer.
45

Tax

45.1 Unless otherwise specified in the SCC, the Engineer shall not adjust the Contract Price
taxes, duties, and other levies are changed that subsequently affect the Contract Price.
46

Currencies

46.1 All payments shall be made in Ethiopian Birr.

BIGAR Architecture + Engineering + Urban
Design

Page 16 of 40

Employers Name ---Location ---47

Price Adjustment

47.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the
Special Conditions of Contract. If so provided, the amounts certified in each payment
certificate, after deducting for Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts due

pn A b

Ln
Mn
En
c
d
etc.
Lo
Mo
Eo

Where:
pn is a price adjustment factor to be applied to the amount for each payment certificate;
A is a constant, specified in the Contractors Bid, representing the nonadjustable portion
contractual payments;

b, c, d, etc., are weightings or coefficients representing the estimated proportion of ea

cost element (labour, materials, equipment usage, etc.) in the Works or sections thereof, n
of Provisional Sums, as specified in the Contractors Bid; the sum of A, b, c, d, etc., shall b
one;

Ln, Mn, En, etc., are the current cost indices or reference prices of the cost elements at th
date 28 days prior to the deadline for bid submission; and

Lo, Mo, Eo, etc., are the base cost indices or reference prices corresponding to the abov
cost elements at the date 28 days prior to the last day of the period to which a particul
Interim Payment Certificate is related.

47.2 The sources of indices shall be those listed in the Contractors Bid, as approved by th
Engineer. Indices shall be appropriate for their purpose and shall relate to the Contractor
proposed source of supply of inputs. As the proposed basis for price adjustment, th
Contractor shall have submitted with his bid the tabulation of Weightings and Source
Indices, which shall be subject to approval by the Engineer.

47.3 If the value of the index is changed after it has been used in a calculation, the calculatio
shall be corrected and an adjustment made in the next payment certificate. The index valu
shall be deemed to take account of all changes in cost due to fluctuations in costs.
48

Retention

48.1 The Employer shall retain from each payment due to the Contractor the proportion stated
the Special Conditions of Contract until Completion of the whole of the Works.

48.2 On completion of the whole of the Works, half the total amount retained shall be repaid
the Contractor and half when the Defects Liability Period has passed and the Engineer h
certified that all Defects notified by the Engineer to the Contractor before the end of th
period have been corrected.

48.3 On completion of the whole Works, the Contractor may substitute retention money with a
on demand Bank guarantee.
49

Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated
the Special Conditions of Contract for each day that the Completion Date is later than th
Intended Completion Date. The total amount of liquidated damages shall not exceed th
amount defined in the Special Conditions of Contract. The Employer may deduct liquidate
BIGAR Architecture + Engineering + Urban
Design

Page 17 of 40

Employers Name ---Location ----

damages from payments due to the Contractor. Payment of liquidated damages shall n
affect the Contractors liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, th
Engineer shall correct any overpayment of liquidated damages by the Contractor b
adjusting the next payment certificate. The Contractor shall be paid interest on th
overpayment, calculated from the date of payment to the date of repayment, at the rat
specified in Sub-Clause 43.1.
50

Bonus

50.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in th
Special Conditions of Contract for each day (less any days for which the Contractor is pa
for acceleration) that the Completion is earlier than the Intended Completion Date. Th
Engineer shall certify that the Works are complete, although they may not be due to b
complete.
51

Advance Payment

51.1 The Employer shall make advance payment to the Contractor of the amount stated in th
Special Conditions of Contract by the date stated in the Special Conditions of Contrac
against provision by the Contractor of an Unconditional Bank Guarantee in a form and by
bank acceptable to the Employer, denominated in Ethiopian Birr in the amount of th
advance payment. The Guarantee shall remain effective until the advance payment h
been repaid, but the amount of the Guarantee shall be progressively reduced by th
amounts repaid by the Contractor. Interest will not be charged on the advance payment.

51.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materia
and mobilization expenses required specifically for execution of the Contract. The Contract
shall demonstrate that advance payment has been used in this way by supplying copies
invoices or other documents to the Engineer.

51.3 The advance payment shall be repaid by deducting proportionate amounts from paymen
otherwise due to the Contractor, following the schedule of completed percentages of th
Works on a payment basis. No account shall be taken of the advance payment or
repayment in assessing valuations of work done, Variations, price adjustment
Compensation Events, Bonuses, or Liquidated Damages.
52

Securities

52.1 The Contract Security shall be provided to the Employer no later than 15 days after recei
of the Letter of Acceptance and shall be issued in the form of a Bank Guarantee, or f
Ethiopian Contractors only in the form of a Performance Bond. The Contract Security shall b
issued in the format specified in the contract and in an amount specified in the Speci
Conditions of Contract and by a bank or surety acceptable to the Employer and denominate
in Ethiopian Birr. The Contract Security shall be valid until a date 28 days from the date
issue of the Certificate of Completion in the case of a Bank Guarantee and until one ye
from the date of issue of the Certificate of Completion in the case of a Performance Bond.
53

Day works

53.1 If applicable, the Day works rates in the Contractors Bid shall be used for small addition
amounts of work only when the Engineer has given written instructions in advance f
additional work to be paid for in that way.

53.2 All work to be paid for as Day works shall be recorded by the Contractor on forms approve
by the Engineer. Each completed form shall be verified and signed by the Engineer with
BIGAR Architecture + Engineering + Urban
Design

Page 18 of 40

Employers Name ---Location ---two days of the work being done.

53.3 The Contractor shall be paid for Day works subject to obtaining signed Day works forms.
54

Cost of Repairs

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Sta
Date and the end of the Defects Correction periods shall be remedied by the Contractor
the Contractors cost if the loss or damage arises from the Contractors acts or omissions.

Finishing the Contract

55

Completion

55.1 The Contractor shall request the Engineer to issue a certificate of Completion of the Work
and the Engineer will do so upon deciding that the work is completed.
56

Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the Engineer
issuing a Certificate of Completion.
57

Final Account

57.1 The Contractor shall supply the Engineer with a detailed account of the total amount th
the Contractor considers payable under the Contract before the end of the Defects Liabili
Period. The Engineer shall issue a Defects Liability Certificate and certify any final payme
that is due to the Contractor within 60 days of receiving the Contractors account if it
correct and complete. If it is not, the Engineer shall issue within 60 days a schedule th
states the scope of the corrections or additions that are necessary. If the Final Account is st
unsatisfactory after it has been resubmitted, the Engineer shall decide on the amou
payable to the Contractor and issue a payment certificate.
58

Operating and Maintenance Manuals

58.1 If as built Drawings and/or operating and maintenance manuals are required, th
Contractor shall supply them by the dates stated in the Special Conditions of Contract.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in th
Special Conditions of Contract, or they do not receive the Engineers approval, the Engine
shall withhold the amount stated in the Special Conditions of Contract from payments due
the Contractor.
59

Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party causes
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
59.2.1The Contractor stops work for 28 days when no stoppage of work is shown on the current
Program and the stoppage has not been authorized by the Engineer;

59.2.2The Engineer instructs the Contractor to delay the progress of the Works, and th
instruction is not withdrawn within 28 days;

59.2.3The Employer or the Contractor is made bankrupt or goes into liquidation other than for
reconstruction or amalgamation;
BIGAR Architecture + Engineering + Urban
Design

Page 19 of 40

Employers Name ---Location ----

59.2.4A payment certified by the Engineer is not paid by the Employer to the Contractor within 9
days of the date of the Engineers certificate;

59.2.5The Engineer gives Notice that failure to correct a particular Defect is a fundamental brea
of Contract and the Contractor fails to correct it within a reasonable period of tim
determined by the Engineer;
59.2.6The Contractor does not maintain a Security, which is required;

59.2.7The Contractor has delayed the completion of the Works by the number of days for whi
the maximum amount of liquidated damages can be paid, as defined in the Spec
Conditions of Contract; and

59.2.8If the Contractor, in the judgment of the Employer has engaged in corrupt, fraudulen
collusive or coercive practices in competing for or in executing the Contract.
For the purpose of this paragraph:
"Corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly,
anything of value to influence the action of a public official in the procurement process or
contract execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence a procurement process

the execution of a contract;

Collusive practices means a scheme or arrangement between two or more Bidders, with
without the knowledge of the Employer, designed to establish prices at artifici
noncompetitive levels; and

Coercive practices means harming or threatening to harm, directly or indirectly, persons

their property to influence their participation in a procurement process, or affect the executi
of a contract.

59.3 When either party to the Contract gives notice of a breach of Contract to the Engineer for
cause other than those listed under Sub-Clause 59.2 above, the Engineer shall decid
whether the breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.

59.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site sa
and secure, and leave the Site as soon as reasonably possible.
60

Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by th

Contractor, the Engineer shall issue a certificate for the value of the work done and Materia
ordered less advance payments received up to the date of the issue of the certificate an
less the percentage to apply to the value of the work not completed, as indicated in th
Special Conditions of Contract. Additional Liquidated Damages shall not apply. If the tot
amount due to the Employer exceeds any payment due to the Contractor, the differen
shall be a debt payable to the Employer.

60.2 If the Contract is terminated for the Employers convenience or because of a fundament
breach of Contract by the Employer, the Engineer shall issue a certificate for the value of th
work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation
the Contractors personnel employed solely on the Works, and the Contractors costs
protecting and securing the Works, and less advance payments received up to the date
BIGAR Architecture + Engineering + Urban
Design

Page 20 of 40

Employers Name ---Location ---the certificate.

61

Property

61.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed
be the property of the Employer if the Contract is terminated because of the Contractor
default.
62

Release from Performance

62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside th
control of either the Employer or the Contractor, the Engineer shall certify that the Contra
has been frustrated. The Contractor shall make the Site safe and stop work as quickly
possible after receiving this certificate and shall be paid for all work carried out befo
receiving it and for any work carried out afterwards to which a commitment was made.

Section 8 Special Conditions of Contract

BIGAR Architecture + Engineering + Urban
Design

Page 21 of 40

Employers Name ---Location ---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.
Special Conditions

GCC Clause
Reference

GCC 1.1

The Employer is MOHA Soft Drinks Industry Share

Company
The Engineer is BIGAR Architecture + Engineering +
Urban Design PLC
The name and procurement reference number of the
Contract is The construction of the MOHA Soft Drink
Industry Head Office; Ref. No.2013/051
The Works consist of 4 story Head Office Building +
Single basement construction including the finishing
works
The Site is located at Addis Ababa close to the Gotera
Interchange
The Start Date shall be when the consultant issues
letter of commencement.
The Intended Completion Date for the whole of the Works
shall be 540 calendar days.

GCC 2.3

The following documents also form part of the Contract:

Agreement.
Letter of Acceptance,
Contractors Bid,
Special Conditions of Contract,
General Conditions of Contract,
Technical specifications and method of measurements.
Bill of quantities and specifications.
Drawings.
Appendixes
Any other document listed in the Special Conditions of
Contract as forming part of the Contract.

GCC 4.1

The Employers specific approval is required for:

The sufficiency of tender

BIGAR Architecture + Engineering + Urban

Design

Page 22 of 40

Employers Name ---Location ---Special Conditions

GCC Clause
Reference

Certification of repayments and sums which have

been paid by the Contractor in respect of such fees
Certification of completion of works
Variations exceeding 10%. Determination of
provisional sum. Issuance of Final Certificate. Issuance
of Certificate of completion of works and maintenance
Certificate
Time extension where the cumulative time extension
granted exceeds 25% of the Contract time.
Making variations where the increase, decrease in
quantity, the omission of works and additional works
for which the Contract rules are applicable exceed
10% of the Contract value.
Valuation of variations where the rates contained in
the Contract are not applicable for additional works.
Fixing rates and Termination of Contract

Increase or decrease of costs.

GCC 8.1

The Schedule of Other Contractors Shall not be part of the

Contract

GCC 9.1

The Schedule of Key Personnel Shall be part of the

Contract

GCC 11.1

The Employers risks are as specified in the GCC.

GCC 13.1

The minimum insurance cover and deductibles shall

be:
(a)
The minimum cover for insurance of the
Works, Plant and Materials is the entire contract
amount.
(b)
The maximum deductible for insurance of
the Works, Plant and Materials is __________.
(c)
The minimum cover for insurance of
Equipment is _______.
(d)
The maximum deductible for insurance of
Equipment is ______.
(e)
The minimum cover for insurance of
property is ETB 200,000 per
occurrence with
occurrence unlimited.
(f) The maximum deductible for insurance of
property is _______.
(g)

BIGAR Architecture + Engineering + Urban

Design

The minimum cover for personal injury or

Page 23 of 40

Employers Name ---Location ---Special Conditions

GCC Clause
Reference

death insurance is ETB 50,000 per occurrence

with occurrence unlimited with no deductible.
GCC 14.1
GCC
24.1

Site Investigation Report(s) Shall be part of the contract.

Resolution of Disputes
In case of dispute, the parties shall resort to
amicable settlement. If amicable settlement is not
reached, the parties shall appoint within 15 days a
three-person arbitration council. The Employer and
the Contractor will nominate one arbitrator each and
the third one will be nominated by both parties. In
case where the parties disagree in the appointment
of arbitrators, either party can apply to the Addis
Ababa Chamber of Commerce & Sectorial
Associations (AACCSA) for the nomination of
arbitrators. All procedures will be in accordance with
the relevant Ethiopian laws.
1. The Hearing of the arbitration tribunal shall take
place Addis Ababa, Ethiopia.
2. The arbitration shall be held in Addis Ababa,
Ethiopia and shall be adjudicated in accordance
with the procedure for arbitration provided in
the Rules of Arbitration of the Addis Ababa
Chamber of Commerce & Sectorial Associations
(AACCSA).
3. If the decision of the arbitrators is awarded
unanimously, the decision shall be final and
binding on the parties hereto, and execution of
judgment upon the award rendered by the
arbitrators may be entered in any court having
jurisdiction thereof.
4. The language in all arbitral proceedings shall be
in English and the cost of arbitration shall be
decided by the tribunal.
5. Both the Contractor and the Employer shall have
the right to suspend all works should a dispute
arise between the Parties until final decision of
the arbitrators.

GCC 25.2

6. The arbitration shall be settled within three months.

Fees and types of reimbursable expenses to be paid to the
Adjudicator are: will be fixed through negotiation with

BIGAR Architecture + Engineering + Urban

Design

Page 24 of 40

Employers Name ---Location ---Special Conditions

GCC Clause
Reference

GCC 25.3

GCC 26.1
GCC 27.1

Employer.
The institution whose arbitration procedures shall be used is:
Addis Ababa Chamber of Commerce & Sectorial
Associations (AACCSA)
Arbitration Institute
P.O. Box: - 2458
ITMAS Building, 1st Floor. Office no. 103
Telephone: - +251 115 528120
www.addischamber.com
Addis Ababa, Ethiopia
The Appointing Authority for the Adjudicator is: Negotiable
between the Employer and Contractor
The Contractor shall submit a revised Program for the Works
within 15 days of delivery of the Notice of Acceptance.

GCC 27.3

The period between Program updates is 30 days.

The amount to be withheld for late submission of an
updated Program is 1% of the contract amount for each
delay.

GCC 35.1

The Defects Liability Period is 365 days.

GCC 37.1

This Contract is an Admeasurements Contract.

GCC 44.1

The following events shall also be Compensation Events: None

GCC 45.1

The Engineer shall not adjust the Contract Price if taxes,

duties and other levies are changed that subsequently affect
the Contract Price.

GCC 47.1

Clause 47.1 in the general condition of contracts omitted

and replaced by the following.
The contract amount is subject to price escalation payments
only for those materials listed in the price index list below.
The bidder shall indicate the unit rates for the following
materials on which the contract price is based, and together
with his bid shall provide bona fide quotations and other
supporting evidence satisfactory to the Engineer. Price for
cement and steel should be factory price or from a supplier
who has permit to import them. The price of material
indicated below should be the price at project site
(including 15%VAT) and shall include transportation cost.

BIGAR Architecture + Engineering + Urban

Design

Page 25 of 40

Employers Name ---Location ---Special Conditions

GCC Clause
Reference

Item No
1.
2.
3.

4.

Descriptio
n

Supplier

Cement (OPC)
Cement (PPC)
Steel Reinforcement bars
Diameter 8
Diameter 10
Diameter 12
Diameter 14
Diameter 16
Diameter 20
Diameter 24
Diameter 32
Diesel Fuel used for
construction machinery only

Unit

Unite Rate
Birr

Qts
Qts

(1)

Incr
eas
e or

Kgs
Kgs
Kgs
Kgs
Kgs
Kgs
Kgs
Kgs
liter
Decrease of Costs

GCC 48.1
GCC 49.1

The escalation increase or decrease of price adjustment

shall be computed on the bases of sufficient and reliable
evidences satisfactory to the Engineer.
The proportion of payments retained is 5 % of the payment
certificate.
The liquidated damages for the whole of the Works are 0 .
1% of the final Contract Price per day.
The maximum amount of liquidated damages for the whole
of the Works is 10% of the final Contract Price.

GCC 50.1

The Bonus for the whole of the Works is zero % of final

Contract Price per day. The maximum amount of Bonus for
the whole of the Works is zero % of the final Contract Price.

GCC 51.1

The Advance Payment will be equivalent to 10 % of the

Contract Price up on the submission on unconditional Bank
guarantee.

GCC 51.3

The Advance Payment will be repaid by deducting

proportionate amounts from each Interim payment
certificate during the period starting from first interim
payment certificate and the repayment shall be complete
while the project reaches at 90 %.

GCC 52.1

The Contract Security shall be 10 % of the Contract Price:

GCC 58.1

The date by which operating and maintenance manuals are

required is before 60 days of the issuance of taking over

BIGAR Architecture + Engineering + Urban

Design

Page 26 of 40

Employers Name ---Location ---Special Conditions

GCC Clause
Reference

certificate.
The date by which as built drawings are required is Ditto
above.
GCC 58.2

The amount to be withheld for failing to produce as built

drawings and/or operating and maintenance manuals by the
date required is 2.5% of the contract price.

GCC 60.1

The percentage to apply to the value of the work not

completed, representing the Employers additional cost for
completing the Works, is 10% of the contract amount.

BIGAR Architecture + Engineering + Urban

Design

Page 27 of 40

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Section 9.

Contract Forms

Table of Forms
CONTRACT SECURITY...................................................................................31
PERFORMANCE BOND...................................................................................32
ADVANCE PAYMENT SECURITY......................................................................34

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Note for Bidders: The Contract Security should be on the letterhead of the
issuing Financial Institution and should be signed by a person with the proper
authority to sign documents that are binding on the Financial Institution.

Contract Security
(Bank Guarantee)
Contract Security (Unconditional Bank Guarantee)
Date: [insert date]
Procurement Reference No.: [insert procurement reference number]
To: [name and address of Employer]
WHEREAS [name and address of Contractor] (hereinafter called the
Contractor) has undertaken, in pursuance of Contract No. [number] dated
[date] to execute [name of Contract and brief description of Works]
(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 Guarantee by a recognized bank for
the sum specified therein as security for compliance with his obligations in
accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank
Guarantee;
NOW THEREFORE 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 or other modification of the
terms of the Contract or of the Works to be performed there under or of 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 Certificate of Completion.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is
hereby excluded.
Signature and seal of the Guarantor
Name of Financial Institution

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Address
Date

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Note for Bidders: The Performance Bond should be on the letterhead of the
issuing Institution and should be signed by a person with the proper authority to
sign documents that are binding on the Institution.

Performance Bond
By this Bond, [name and address of Contractor] as Principal
(hereinafter called the Contractor) and [name, legal title, and
address of surety, bonding company, or insurance company] as
Surety (hereinafter called the Surety), are held and firmly bound unto
[name and address of Employer] as Oblige (hereinafter called the
Employer) in the amount of [amount of Bond] [amount of Bond in
words], for the payment of which sum well and truly to be made in the
types and proportions of currencies in which the Contract Price is payable,
the Contractor and the Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by
these presents.
Whereas the Contractor has entered into a Contract with the Employer
dated the [day] day of [month], [year] for [name of Contract] in
accordance with the documents, plans, specifications, and amendments
thereto, which to the extent herein provided for, are by reference made
part hereof and are hereinafter referred to as the Contract.
Now, therefore, the Condition of this Obligation is such that, if the
Contractor shall promptly and faithfully perform the said Contract
(including any amendments thereto), then this obligation shall be null and
void; otherwise it shall remain in full force and effect. Whenever the
Contractor shall be, and declared by the Employer to be, in default under
the Contract, the Employer having performed the Employers obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly:
(1) Complete the Contract in accordance with its terms and
conditions; or
(2) Obtain a Bid or bids from qualified bidders for submission to the
Employer for completing the Contract in accordance with its
terms and conditions, and upon determination by the Employer
and the Surety of the lowest responsive Bidder, arrange for a
Contract between such Bidder and Employer and make available
as work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for which
the Surety may be liable hereunder, the amount set forth in the

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

first paragraph hereof. The term Balance of the Contract Price,

as used in this paragraph, shall mean the total amount payable
by the Employer to the Contractor under the Contract, less the
amount properly paid by the Employer to the Contractor; or
(3) Pay the Employer the amount required by the Employer to
complete the Contract in accordance with its terms and
conditions up to a total not exceeding the amount of this Bond.
The Surety shall not be liable for a greater sum than the specified penalty
of this Bond.
Any suit under this Bond must be instituted before the expiration of one
year from the date of issuance of the Certificate of Completion.
No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Employer named herein or the heirs,
executors, administrators, successors, and assigns of the Employer.
In testimony whereof, the Contractor has hereunto set its hand and affixed
its seal, and the Surety has caused these presents to be sealed with its
corporate seal duly attested by the signature of its legal representative,
this [day] day of [month], [year].
Signed by
on behalf of [name of Contractor] in the capacity of
In the presence of
Date
Signed by
on behalf of [name of Contractor] in the capacity of
In the presence of
Date

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Note for Bidders: The Advance Payment Security should be on the letterhead of
the issuing Financial Institution and should be signed by a person with the proper
authority to sign documents that are binding on the Financial Institution.

Advance Payment Security

Bank Guarantee for Advance

Payment
To:

[name and address of Employer]

[Name of Contract]
Gentlemen:
In accordance with the provisions of the Conditions of Contract, Clause 51
(Advance Payment) of the above-mentioned Contract [name and
address of Contractor] (hereinafter called the Contractor) shall
deposit with [name of Employer] a Bank Guarantee to guarantee his
proper and faithful performance under the said Clause of the Contract in
an amount of [amount of Guarantee] [amount in words].
We, the [Bank or Financial Institution], as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary
obligator and not as Surety merely, the payment to [name of Employer]
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].
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 [name of
Employer] 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 remain valid and in full effect from the date of the
advance payment under the Contract until [name of Employer] receives
full repayment of the same amount from the Contractor.
This Guarantee is subject to the Uniform Rules for Demand Guarantees,
ICC Publication No. 458.

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Yours truly,
Signature and seal:
Name of Bank/Financial Institution:
Address:
Date:

APPENDIX 1
Manpower & Equipment

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

The contractor is expected to have enough experience to deliver this

project and financially capable to complete the project successfully,
so that the contractor should deploy all key personnel and
equipment & machineries listed under to the project site.
a) Qualification of key personnel
The contractor must have suitably qualified personnel to fill the
following positions.

POSITION
Project Manager
(Full Time)
Construction
Eng. (Full Time)
Office Engineer
(Full Time)
Quantity
Surveyor (Full
Time)
Chief Surveyor

TOTAL
EXPERIE
NCE
(YEARS)
8

IN
SIMILAR
WORKS
(YEARS)
4

College
Diploma
building or Civil Eng

Technical
Graduate

MINIMUM
QUALIFICATION
B.Sc.
in
Civil
Engineering
College
Diploma
in
building or Civil Eng
B.Sc. in Civil Engineering

School

If the project is awarded changing the proposed personnel is not

allowed unless authorized by the Employer after ascertaining that
the new personnel is at least equal to the proposed one in relation to
work experience and education.
b) Plant & Construction Equipment
The contractor should own, or have access to (through hire, lease,
purchase agreement, or other means), the following key items of
equipment in full work working order and ascertain that they will
be available for use in the proposed Contract.

Equipment Type
Concrete mixer 500 lt.
Dewatering equipment
Jackhammer /Rock breaker

in

Min. No.
Required
2
2
2

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Dump Trucks
Mobile crane 20 tons capacity
Concrete Vibrator
Excavator

4
1
2
1

c) Methodology
The contractor is highly recommended to visit the site. In the
methodology the contractor
should
demonstrate
clear
understanding of the work. He shall indicate the approach to
executing the work including subcontracting work, logistics,
procurement, safety, schedule etc

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

APPENDIX 2
SITE FACILITIES
1.0 The contractor is expected to provide the under listed items to the
consultant site office for site use.
a) Site office with table and two guest chairs
b) Vehicle for transporting the Engineers representative to the project
site
c) Laptop or Desktop computer with sufficient capacity approved by
the Engineer
d) A3 size Printer
e) A3 & A4 size paper every 3 months
f) Telephone air time and for internet service Birr 500 per month

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

Part 1. Schedule of
Requirements
Section 6(A) Scope of Works
Section 6(B) Technical Specifications/BATCODA
1991 or INTERNATIONAL STANDARDS/
Section 6(C) Drawings
Section 6(D) Bills of Quantities (or Activity
Schedule)

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE

A. Scope of Works
1.1. The work consists of the supply of the necessary material, labour,
and equipment for the construction of a four story Office Building
and two stories basements for parking garage. The foundation
envisaged is shallow footing foundation and the work shall include
necessary excavations and earth works to the extent shown in the
design.
1.2. Site works and removal of existing asphalt paved way shall be
part of the contract.

B.

Technical Specifications

1.1. Technical Specifications and Methods of Measurement for the

Construction of Buildings issued by the Building Transport and

Construction Design Authority in March of 1991. If this
specifications fall short of fully describing an item, then any
International standards will be applicable.

C. Drawings
1.1

SEE ATTACHED SET OF DRAWINGS PREPARED BY BIGAR Architecture +

Engineering + Urban Design, Dated 19 th September 2013.

D. Bill of Quantities or Activity Schedule

1.1

SEE ATTACHED VOLUME OF BILL OF QUANTITIES PREPARED BY BIGAR

Architecture + Engineering + Urban Design, Dated 19 th September 2013

MOHA SOFT DRINKS INDUTRY

HEAD OFFICE