Agreement For The Design Work

AGREEMENT FOR PROFESSIONAL SERVICES
Made this ___ day of _March_, 2023
Between
Ethiopian Hiwot Berhan Church
Tel: ______________________________
Address: ____________________________
Email:
Hereinafter called the “CLIENT”
And,
Organization for New Environment Business and Consultancy plc.

Address: Yeka Subcity, Kebele 08, H.No New
E-mail:[email protected]
TEL. +251911210311
Hereinafter called the “CONSULTANT”

Concerning the Design of:
I. 3B+G+23 Mixed Use Building
Hereinafter called the “WORKS”, becoming part of the client’s project.
ARTICLE I. CONSULTANT’S SERVICES
The Consultant shall exercise all reasonable skill, care and diligence in the performance of the services under the
Agreement and shall carry out all his responsibilities in accordance with recognized professional standards. The
Consultant shall in all professional matters act as a faithful advisor to the Client and, in so far as any of his duties
are discretionary, act fairly as between the Client and third parties.
A. PRELIMINARY AND DESIGN PERIOD
 The Consultant shall review the program furnished by the Client to ascertain the requirements of the Project
and shall arrive at mutual understanding of such requirements with the Client.
 Based on the mutually agreed-upon program schedule and construction budget requirements, the Consultant
shall prepare:
 Architectural drawings for the 3B+G+23 Mixed use building.
 Prepare Structural, Electrical and Sanitary drawings. Structural drawing will be designed in reference with the
previous constructed foundation design.
 Bill of Quantity preparation
 Processing the approval of the as built drawing at the municipality
ARTICLE II. ADDITIONAL SERVICES
Should the Client require the Consultant to undertake additional services not included in this Agreement, such
services shall be paid extra on terms and conditions to be agreed between the parties.
ARTICLE III. OBLIGATIONS OF THE CLIENT
A. DATA TO BE FURNISHED TO THE CONSULTANT,
The Client shall furnish all pertinent data and information and give such assistance as shall be reasonably required
for carrying out by the Consultant of his duties under this Agreement.
1. Planning consent from the sub city.

2. Neighbor’s signature for building consent.
B. REMUNERATION OF CONSULTANT
The remuneration to the Architect for the services to be performed under Terms of Reference of this Agreement
shall be a lump sum of Birr 1,710,000.- (One Million Seven hundred and ten Thousand birr + VAT)
C MODE OF PAYMENT
Payment to the Consultant shall be made in cash or check by the Client within a reasonable time and not later than
a week days after presentation of their request in accordance to the following schedule:
1. Advance Payment of 40 % upon signing of the contract (684,000.-Birr+VAT)

2. Second Payment of 40% up on submitting of the final Architectural design including external 3D and soil test
report. (684,000.-Birr+VAT)
3. Final Payment of 20% up on finishing of all the above stated drawings. (342,000.-Birr+VAT)
D REIMBURSABLE EXPENSES
1. The Client shall reimburse to the Consultant all out-of-pocket expenses actually and necessarily incurred by
him in connection with the Works in respect of :
a) Reprinting and reproduction of documents, drawings and records.

b) Public fees concerning the works as may be paid by the Client.
ARTICLE IV. POSTPONEMENT, CANCELLATION, OR ABANDONMENT OF WORKS
In the event of the whole or any part of the Works being postponed, canceled, or abandoned then the Architect
shall be entitled to receive the remuneration due up to the effective date of postponement, cancellation or
abandonment of the Works in accordance with Article III hereof and such other Article of this Agreement as may
be applicable thereto (with such appropriate adjustments as may be necessary having regard to the services
performed prior to the Works being postponed, canceled or abandoned.)
ARTICLE V. ALTERATION OR MODIFICATION TO DESIGNS
In the event of circumstances arising which could not have been reasonably foreseen, or in the event of the Client
ordering modifications to completed designs or alterations to designs in progress, which required the alteration or
remarking of any specifications, drawings or other documents prepared in whole or in part by the Architect; the
whole of the cost of revising, amending or reproducing documents to bring the work up to the stage at which it
was modified shall be the subject of additional payment, computed on purely cost basis.
ARTICLE VI. OWNERSHIP OF SPECIFICATIONS AND DRAWINGS
All Specifications and Drawings prepared by the Architect in connection with the Works shall become the property
and copyright of the Architect subject to their use by Client for the particular works to which the Agreement
relates, and the Client shall not be entitled, either directly or indirectly, to make use of such Specifications and
Drawings for the carrying out of any additional or similar Works
ARTICLE VII FORCE MAJEURE
If by any force majeure the obligations of the Architect or the Client under this Agreement cannot be completed,
then the Client and the Architect should mutually agree upon the continuum of the project whenever possible.
ARTICLE VIII ARBITRATION
Claims, disputes or other matters in question between the parties to this agreement arising out of or related to
this agreement or breach thereof shall be subject to and decided by arbitration in accordance with the
construction industry arbitration practices of the country unless the parties mutually agree otherwise.
ARTICLE IX NON ASSIGNMENT
The Consultant shall not have the right to assign or transfer the benefits and obligations of this Agreement or any
part thereof. However, that it shall be lawful for the Architect at any time to take into partnership with another
partner or partners and that he or they shall thence be deemed to be included in the expression “ The Architects”,
where the context so allows.
ARTICLE X EFFECTIVE DATE AND TERMINATION
This Agreement shall be in force from the date of its signature and thereafter until completely performed or until
written notice of the termination thereof shall have been given by either party to the other without prejudice to
their respective rights. The estimated time of completion is 3months.
ARTICLE XI DETERMINATION OF CONTRACT and DURATION

th
This agreement will be over on the 45 days from termination thereof shall have been given by either party to the
other without prejudice to their respective rights.
ARTICLE XI APPLICABLE LAW
The laws of the Government of Ethiopia thereof shall govern the validity, interpretation and application of this
Agreement and each Clause and part. The Consultant and the Client hereby agree to the full performance of the
Covenants contained herein.
This Agreement has been signed in two copies of which the Client shall keep one copy and the Consultant the
other one.
SIGNED AT _________________________ SINGED AT ___________________________
DATE: _____________________________ DATE: _______________________________
Signature: __________________________ Signature: ____________________________
THE CLIENT (Legal Representative) THE CONSULTANT
WITNESS
1._______________________________________
2._______________________________________
3._______________________________________

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AGREEMENT FOR PROFESSIONAL SERVICES

Made this ___ day of _March_, 2023

Organization for New Environment Business and Consultancy plc.

Hereinafter called the “CONSULTANT”

I. 3B+G+23 Mixed Use Building

Hereinafter called the “WORKS”, becoming part of the client’s project.

ARTICLE I. CONSULTANT’S SERVICES

A. PRELIMINARY AND DESIGN PERIOD

ARTICLE III. OBLIGATIONS OF THE CLIENT

A. DATA TO BE FURNISHED TO THE CONSULTANT,

1. Planning consent from the sub city.

1. Advance Payment of 40 % upon signing of the contract (684,000.-Birr+VAT)

a) Reprinting and reproduction of documents, drawings and records.

ARTICLE IV. POSTPONEMENT, CANCELLATION, OR ABANDONMENT OF WORKS

ARTICLE VI. OWNERSHIP OF SPECIFICATIONS AND DRAWINGS

ARTICLE VII FORCE MAJEURE

ARTICLE VIII ARBITRATION

ARTICLE IX NON ASSIGNMENT

ARTICLE X EFFECTIVE DATE AND TERMINATION

ARTICLE XI DETERMINATION OF CONTRACT and DURATION

SIGNED AT _________________________ SINGED AT ___________________________

DATE: _____________________________ DATE: _______________________________

Signature: __________________________ Signature: ____________________________

THE CLIENT (Legal Representative) THE CONSULTANT

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SIGNED AT _ SINGED AT ___

DATE: _ DATE: ___

Signature: Signature: __