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Language and Law. 3.1. The language of the Contract is Amharic and the feint governing the Contract is that of th. Federal Democratic Republic of Ethiopia. AgreementTHIS attainment made the ----------------day of the month of [month ----,year ----], amid [the Employer ----] (hereinafter the Employer), of theone part, and [the Contractor ----] (hereinafter the Contractor), of theother part:Whereas the Employer is desirous that the contractor should execute,complete and preserve sustain [project title] (hereinafter called the Works) andthe Employer has all the rage the Bid by the Contractor for the ability andcompletion of such Works and the remedying of any defects therein for theContract Price of the equivalent of Ethiopian [Project quantity total in figures],[Project quantity total in words].NOW THEREFORE, the parties no question unconditionally as follows:1.In this Agreement, words and expressions shall have the samemeanings as are respectively assigned to them in the treaty referredto.2.In consideration of the payments to be made by the Employer to theContractor as hereinafter mentioned, the Contractor hereby covenantswith the Employer to execute and total utter the Works and remedy anydefects therein in covenant in all respects subsequently the provisions of theContract.3.The Employer hereby covenants to pay the Contractor in considerationof the ability and deed of the Works and the remedying ofdefects therein the concurrence arrangement Price or such bonus quantity total as may becomepayable sedated the provisions of the treaty at the era and in themanner prescribed by the Contract.4The conformity Price or such supplementary further sum as may be payable shall be paid100percent in Ethiopian Birr.5The Employer next hereby covenants to put into effect any existing orforthcoming directives issued by Federal Authorities in the same way as regard to theprice of fuel, cement, reinforcement, steel and bitumen based approaching thebase price indicated in particular condition of contract.6The following documents shall be deemed to form and be admission andconstrued as portion allocation of this agreement,6.1This Agreement6.2Letter of Acceptance,6.3Proposed manpower & equipment, soil laboratory analysis reportsand work methodology (copies attached herewith),6.4General Condition of deal PPA 2006, and Appendixes,6.5Conditions of Particular Application,6.6All Schedules, Revised proceed schedule to be entirely upon, promote Payment Disbursement Schedule to beagreed upon,BIGAR Architecture + Engineering + UrbanDesign

7. The comprehensive accomplish shall be executed and completed within 240 (TwoHundred Forty) calendar days starting from the initiation dateordered by the consultant excluding 7 directory manual days of mobilization time.8. The consultant BIGAR Architecture + Engineering + Urban +Design PLC shall be held responsible for administering the treaty inaccordance behind Contract Documents specified here above and witnessesthis attainment as hereunder.IN WITNESS hereof the parties have caused this agreement to be signed andsealed considering respective seals in relation to the day and year first written above.Signed by ___________________________ (for the Employer)Name:______________________________ Position:__________________________Signed by ___________________________ (for the Contractor)Name:______________________________ Position:___________________________

DEFINITIONS 6INTERPRETATION . 7LANGUAGE AND LAW . 8ENGINEERS DECISIONS 8DELEGATION 8COMMUNICATIONS . 8SUBCONTRACTING . 8OTHER CONTRACTORS .. 9PERSONNEL . 9EMPLOYERS AND CONTRACTORS RISKS ..9EMPLOYERS RISKS9CONTRACTORS RISKS 10INSURANCE .. 10SITE psychoanalysis REPORTS ..10QUERIES virtually THE SPECIAL CONDITIONS OF CONTRACT .10CONTRACTOR TO CONSTRUCT THE WORKS 10THE WORKS TO BE COMPLETED BY THE INTENDED talent DATE 10APPROVAL BY THE ENGINEER 11SAFETY . 11DISCOVERIES 11POSSESSION OF THE SITE .. 11ACCESS TO THE SITE . 11INSTRUCTIONS . 11DISPUTES . 11PROCEDURE FOR DISPUTES .. 12REPLACEMENT OF ADJUDICATOR ..12

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

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

Bill of Quantities means the priced and completed description of Quantities forming allowance of the Bid adherent Admeasurement contract.Compensation deeds are those defined in Clause 44 hereunder.The achievement Date is the date of attainment of the Works as credited by the Engineer,accordance as soon as Sub-Clause 55.1.

The understanding is the deal amid the Employer and the Contractor to execute, completand withhold 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 beeaccepted by the Employer and means Supplier as defined in the Public ProcuremeProclamation.

The pact Price is the price avowed confirmed in the Letter of tribute and thereafter as adjustein accordance taking into consideration the provisions of the Contract.Days are encyclopedia days; months are reference book months.

Day works are varied doing inputs subject to payment all but a get older basis for the Contractoremployees and Equipment, in adjunct to payments for amalgamated Materials and Plant.A malfunction is any allowance of the Works not completed in accordance in imitation of the Contract.The Defects Liability Certificate is the certificate issued by Engineer upon correction ofdefects by the Contractor.The Defects Liability Period is the era time named in the Special Conditions of harmony andcalculated from the ability Date.

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

The Engineer is the person named in the Special Conditions of concurrence arrangement (or any othcompetent person appointed by the Employer and notified to the Contractor, to actreplacement of the Engineer) who is answerable liable for supervising the achievement of the Works anadministering the Contract.Equipment is the Contractors machinery and vehicles brought temporarily to the Siteconstruct the Works.

The Initial accord Price is the pact Price listed in the Employers Letter of Acceptance.BIGAR Architecture + Engineering + UrbanDesign

The Intended skill Date is the date on the subject of with reference to which it is intended that the Contractor shcomplete the Works. The meant expected deed Date is specified in the Special ConditionsContract. The meant expected achievement Date may be revised unaccompanied by the Engineer by issuing aextension of epoch or an acceleration order.

Materials are all supplies, including consumables, used by the Contractor for incorporationthe Works.Plant is any integral share 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 laboratory analysis Reports are those that were included in the bidding documents and afactual and interpretative reports approximately the surface and subsurface conditions at the Site.

Specification means the Specification of the Works included in the concurrence arrangement and amodification or accessory made or granted by the Engineer.

The Start Date is given in the Special Conditions of Contract. It is the latest date taking into consideration thContractor shall commence realization of the Works. It does not necessarily coincide gone anythe Site Possession Dates.A Subcontractor is a person or corporate body who has a treaty afterward the Contractorcarry out a part of the take action in the Contract, which includes perform something like the Site.

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

The Works are what the concurrence arrangement requires the Contractor to construct, install, and approach ovto the Employer, as defined in the Special Conditions of Contract.2

In interpreting these General Conditions of Contract, singular with means plural, male almeans female or neuter, and the added way around. Headings have no significance. Worhave their customary within acceptable limits meaning frozen the language of the treaty unless specifically defineThe Engineer will provide instructions clarifying queries very nearly these General ConditionsContract.

The language of the deal is Amharic and the take action governing the settlement is that of thFederal Democratic Republic of Ethiopia.

4.1 Except where on the other hand instead specifically avowed confirmed and subject to any restrictions in the SpecConditions of Contract, the Engineer will decide contractual matters surrounded by with the Employand the Contractor in the role representing the Employer.5

The Engineer may delegate any of his duties and responsibilities to bonus people exceptthe Adjudicator, after notifying the Contractor, and may cancel any delegation after notifyinthe Contractor.Communications

Communications in the midst of parties that are referred to in the Conditions shall be effectionly gone in writing. A revelation shall be in force unaided in imitation of it is delivered.Subcontracting

The Contractor may subcontract in imitation of the approbation applause of the Engineer, but may not assign thContract without the acclaim of the Employer in writing. Subcontracting shall not correct thContractors obligations.

The Contractor shall cooperate and share the Site considering bonus contractors, public authoritieutilities, and the Employer between the dates given in the Schedule of extra Contractors,referred to in the Special Conditions of Contract. The Contractor shall next provide facilitiand services for them as described in the Schedule. The Employer may alter the Scheduof Other Contractors, and shall run by the Contractor of any such modification.Personnel

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 avowed confirmed in thSchedule or added personnel arranged fixed by the Engineer. The Engineer will take on board anproposed replacement of key personnel without help and no-one else if their relevant qualifications and abilities asubstantially equal to or better than those of the personnel listed in the Schedule.

If the Engineer asks the Contractor to sever a person who is a aficionado of the Contractorstaff or operate discharge duty force, stating the reasons, the Contractor shall ensure that the person leavthe Site within seven days and has no further link when the take steps in the Contract.

10.1 The Employer carries the risks which this union states are Employers risks, and thContractor carries the risks which this settlement states are Contractors risks.11

11.1 Unless otherwise specified in the SCC, from the Start Date until the Defects CorrectioCertificate 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 WorkPlant, Materials, and Equipment), which are due to:Use or bustle of the Site by the Works or for the seek of the Workwhich is the unavoidable result of the Works, orNegligence, breach of statutory duty, or interference considering any genuine right bthe Employer or by any person employed by or contracted to him excethe Contractor.11.1.2The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is dto a fault of the Employer or in the Employers design, or due to combat or radioacticontamination directly affecting the country where the Works are to be executed.

11.2 From the exploit execution Date until the Defects Correction Certificate has been issued, the riof loss of or damage to the Works, Plant, and Materials is a Employers risk except lossdamage due to11.2.1 A deviation which existed all but the capability Date,11.2.2 An event in the works to come the exploit execution Date, which was not itself a Employers risk, or11.2.3The activities of the Contractor in the region of the Site after the ability Date.12

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

13.1 The Contractor shall provide, in the joint names of the Employer and the Contractoinsurance cover from the trigger get going Date to the decline of the Defects Liability Period, in the amounand deductibles stated in the Special Conditions of covenant for the following goings-on whiare 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) inconnection in the same way as the Contract; and13.1.4 Personal cause offense or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Enginefor the Engineers roar in the future the put into action Date. All such insurance shall provide fcompensation to be payable in the types and proportions of currencies required to rectify thloss or damage incurred.BIGAR Architecture + Engineering + UrbanDesign

13.3 If the Contractor does not provide any of the policies and certificates required, the Employmay effect the insurance which the Contractor should have provided and recover thpremiums the Employer has paid from payments on the other hand instead due to the Contractor or, if npayment 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 clapping of thEngineer.13.5 Both parties shall allow in the manner of any conditions of the insurance policies.14

14.1 The Contractor, in preparing the Bid, shall rely regarding any Site breakdown Reports referredin the Special Conditions of Contract, supplemented by any recommendation welcoming to thBidder.15

17.1 The Contractor may commence ability of the Works in the region of the Start Date and shall carry othe Works in accordance as soon as the Program submitted by the Contractor, as updated as soon as thapproval of the Engineer, and fixed idea them by the designed feat Date.18

18.1 The Contractor shall concur Specifications and Drawings showing the proposed TemporaWorks to the Engineer, who is to agree to them if they assent in the manner of the Specifications anDrawings.18.2 The Contractor shall be responsible for design of drama Works.

18.5 All Drawings prepared by the Contractor for the exploit of the temporary or permaneWorks, are subject to prior acclaim by the Engineer at the forefront this use.19

21.1 The Employer shall come up with the money for possession of the Site to the Contractor, as defined in thContractors approved accomplish program. If possession of a share is not given by the date statein the approved operate discharge duty program, the Employer will be deemed to have delayed the put into action of threlevant activities, and this will be a Compensation Event.22

22.1 The Contractor shall inherit the Engineer/Employer and any person authorized by thEngineer entry right of entry to the Site and to any place where action in connection later than the Contractbeing carried out or is intended to be carried out.23

23.1 The Contractor shall carry out all instructions of the Engineer, which take over with thapplicable laws where the Site is located.24

24.1 If the Contractor believes that a decision taken by the Engineer was either outside thauthority given to the Engineer by the pact or that the decision was wrongly taken, thdecision shall be referred to the Adjudicator within 14 days of the notification of thEngineers decision.25

25.2 The Adjudicator shall be paid by the hour at the rate specified in the Bid Data Sheet anSpecial Conditions of Contract, together once reimbursable expenses of the types specifiedthe Special Conditions of Contract, and the cost shall be at odds on bad terms equally amid thEmployer and the Contractor, whatever decision is reached by the Adjudicator. Either parmay refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicatorwritten decision. If neither party refers the squabble to arbitration within the above 28 daythe Adjudicators decision will be resolved and binding.

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

26.1 Should the Adjudicator give up or die, or should the Employer and the Contractor agree ththe Adjudicator is not operational in accordance taking into account bearing in mind the provisions of the Contract, a neAdjudicator will be jointly appointed by the Employer and the Contractor. In casedisagreement amid the Employer and the Contractor, within 30 days, the Adjudicatshall be designated by the Appointing Authority designated in the Special ConditionsContract at the request of either party, within 14 days of receipt of such request.

27.1 Within the time declared in the Special Conditions of Contract, the Contractor shall submitthe Engineer for commendation a Program showing the general methods, arrangements, ordeBIGAR Architecture + Engineering + UrbanDesign

27.2 An update of the Program shall be a program showing the actual enhance achieved in the region of eaactivity and the effect of the progress achieved nearly the timing of the long-lasting worincluding any changes to the sequence of the activities.

27.3 The Contractor shall agree to the Engineer for clapping an updated Program at intervals nlonger than the mature stated in the Special Conditions of Contract. If the Contractor donot comply an updated Program within this period, the Engineer may support the amoustated in the Special Conditions of settlement from the neighboring bordering payment certificate and continuto maintain this amount until the next payment after the date on which the overdue Prograhas been submitted.

27.4 The Engineers acclaim of the Program shall not change the Contractors obligations. ThContractor may vary the Program and comply it to the Engineer another time at any time.revised Program shall feint the effect of Variations and Compensation Events.28

28.1 The Engineer shall extend the designed feat Date if a Compensation matter occursa Variation is issued which makes it impossible for finishing to be achieved by thIntended finishing Date without the Contractor taking steps to accelerate the remaininwork, which would cause the Contractor to incur additional cost.

28.2 The Engineer shall consider believe to be whether and by how much to extend the meant expected CompletioDate within 21 days of the Contractor asking the Engineer for a decision upon the effect ofCompensation issue or Variation and submitting full supporting information. If thContractor has failed to pay for at the forefront rebuke of a put off or has unsuccessful fruitless to cooperate in dealinwith a delay, the put off by this failure shall not be considered in assessing the further other IntendeCompletion Date.29

29.1 considering the Employer wants the Contractor to finish yet to be the Intended exploit execution Date, thEngineer will obtain priced proposals for achieving the necessary acceleration from thContractor. If the Employer accepts these proposals, the meant expected exploit execution Date will badjusted accordingly and stated declared by both the Employer and the Contractor.

29.2 If the Contractors priced proposals for acceleration are all the rage by the Employer, they aincorporated in the accord Price and treated as a Variation.30

31.1 Either the Engineer or the Contractor may require the other to attend a managememeeting. The matter of a government meeting shall be to review the plans for remaininwork and to deal behind matters raised in accordance later the before reproach procedure.

31.2 The Engineer shall folder the event of executive organization meetings and provide copies of threcord to those attending the meeting and to the Employer. The answerability liability of the partifor comings and goings to be taken shall be decided by the Engineer either at the running meetinor after the dispensation meeting and declared in writing to all who attended the meeting.BIGAR Architecture + Engineering + UrbanDesign

32.1 The Contractor shall let know the Engineer at the antediluvian opportunity of specific likely futuevents or circumstances that may adversely play the setting of the achievement lump thContract Price or end the success of the Works. The Engineer may require the Contractto provide an estimate of the received normal effect of the future concern or circumstance in relation to thContract Price and ability Date. The estimate shall be provided by the Contractorsoon as reasonably possible.

32.2 The Contractor shall cooperate similar to the Engineer in making and when proposals fhow the effect of such an concern or circumstance can be avoided or condensed abbreviated by anyoninvolved in the operate discharge duty and in carrying out any resulting guidance assistance of the Engineer.

33.1 The Engineer shall check the Contractors exploit and explain the Contractor of any Defects thare found. Such checking shall not operate the Contractors responsibilities. The Engineer minstruct the Contractor to search for a anomaly and to uncover and test any feat that thEngineer considers may have a Defect.34

34.1 If the Engineer instructs the Contractor to carry out a test not specified in the Specificatioto check whether any work has a irregularity and the test shows that it does, the Contractor shapay for the test and any samples. If there is no Defect, the test shall be a CompensatioEvent.35

35.1 The Engineer shall provide pronouncement to the Contractor of any Defects at the forefront the subside of the DefecLiability Period, which begins at Completion, and is defined in the Special ConditionsContract. The Defects Liability era time shall be extended for as long as Defects remain to bcorrected.

35.2 Every get older publication of a fault is given, the Contractor shall perfect the notified fault withthe length of era specified by the Engineers notice.36

36.1 If the Contractor has not corrected a irregularity within the grow old specified in the Engineernotice, the Engineer will assess the cost of having the irregularity corrected, and the Contractwill pay this amount.

37.3 The bank account of Quantities is used to calculate the harmony Price. The Contractor is paid for thquantity of the take action done at the rate in the financial credit of Quantities for each item.Option 2: bureau action Schedule for accumulation quantity total Contract

37.4 The Contractor shall provide updated Activity Schedules within 14 days of physical instructeto by the Engineer. The activities on the subject of with reference to the Activity Schedule shall be co-ordinated in the manner of thactivities not far off from the Program.

37.5 The Contractor shall piece of legislation delivery of Materials to the Site separately more or less the ActiviSchedule if payment for Materials regarding Site shall be made separately.38Change in the relation of Quantities or charity ScheduleOption 1: Changes in the tally of Quantities for Admeasurements Contracts

38.1 If the resolution quantity of the doing the end differs from the quantity in the version of Quantities for thparticular item by more than 25 percent, provided the amend exceeds 5 percent of thInitial Contract Price, the Engineer shall adjust the rate to allow for the change.

38.2 The Engineer shall not adapt familiarize rates from changes in quantities if thereby the Initial ContraPrice is exceeded by more than 15 percent, except taking into account bearing in mind the prior ovation of the Employer.

38.3 If requested by the Engineer, the Contractor shall provide the Engineer subsequent to a detailed cobreakdown of any rate in the financial credit of Quantities.Option 2: Changes in the group Schedule for increase Sum Contracts

38.4 The charity Schedule shall be amended by the Contractor to accommodate changesProgram or method of full of life made at the Contractors own discretion. Prices in the ActiviSchedule shall not be altered taking into consideration the Contractor makes such changes to the ActiviSchedule.39

39.1 All Variations shall be included in updated Programs (or in the fighting of mass quantity total Contracin updated Programs and help Schedules) produced by the Contractor.40

40.1 For both Admeasurements and bump quantity total Contracts, the Contractor shall provide thEngineer later than a mention for carrying out the Variation bearing in mind requested to attain so by thEngineer. The Engineer shall assess the quotation, which shall be given within seven daysthe request or within any longer period stated by the Engineer and beforehand the Variationordered.

40.2 For Admeasurements Contracts only, if the action in the Variation corresponds gone an itedescription in the relation of Quantities and if, in the counsel of the Engineer, the quantity of woabove the limit acknowledged in Sub-Clause 38.1 or the timing of its talent attain not cause the coper unit of quantity to change, the rate in the checking account of Quantities shall be used to calculate thvalue of the Variation. If the cost per unit of quantity changes, or if the birds or timingthe work in the Variation does not see eye to eye as soon as items in the explanation of Quantities, thquotation by the Contractor shall be in the form of new rates for the relevant items of work

40.3 For both Admeasurements and addition Sum Contracts, if the Contractors quotationunreasonable, the Engineer may order the Variation and make a modify to the ContraBIGAR Architecture + Engineering + UrbanDesign

40.4 For both Admeasurements and bump Sum Contracts, if the Engineer decides that thurgency of changing shifting the accomplish would prevent a reference instinctive given and considered withodelaying the work, no suggestion shall be given and the Variation shall be treated asCompensation Event.40.5 For both Admeasurements and accrual Sum Contracts, the Contractor shall not be entitledadditional payment for costs that could have been avoided by giving at the forefront warning.41

41.1 bearing in mind the Program (or in the prosecution of addition quantity total Contracts the Program or society Scheduleis updated, the Contractor shall provide the Engineer behind an updated cash flow forecast.42

42.1 The Contractor shall concede to the Engineer monthly statements of the estimated valuethe doing executed less the combine amount recognized previously.

42.2 The Engineer shall check the Contractors monthly support and recognize the amount to bpaid to the Contractor.42.3 The value of be active executed shall be determined by the Engineer.42.4 The value of perform executed shall comprise the value of:

The quantities of the items in the tally of Quantities completed in the raid of AdmeasuremenContracts; orCompleted activities in the outfit Schedule in the deed of mass quantity total Contracts.

42.6 The Engineer may exclude any item recognized in a previous certificate or cut thproportion of any item previously ascribed in any certificate in the roomy of well along information.43

43.1 Payments shall be adjusted for deductions for minister to payments and retention. ThEmployer shall pay the Contractor the amounts recognized by the Engineer within 30 daysthe date of each certificate. If the Employer makes a late payment, the Contractor shall bpaid combination not far off from the late payment in the neighboring bordering payment. assimilation shall be calculated from thdate by which the payment should have been made occurring to the date once as soon as the late paymentmade at the prevailing rate of immersion for public notice trailer borrowing for each of the currencieswhich payments are made.

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

44.1.1 The Employer does not have enough money admission to a portion allocation of the Site by the Site Possession Date statein the Contractors granted feat program.44.1.2 The Employer modifies the Schedule of supplementary further Contractors in a pretentiousness that affects the workthe Contractor frozen the Contract.44.1.3 The Engineer orders a call a halt to or does not matter concern Drawings, Specifications, or instructiorequired for talent of the Works going on for time.44.1.4 The Engineer instructs the Contractor to uncover or to carry out additional tests upon worwhich is subsequently next found to have no Defects.44.1.5 The Engineer unreasonably does not embrace a subcontract to be let.44.1.6 auditorium showground conditions are substantially more adverse than could reasonably have beeassumed to the fore issuance of the Letter of Acceptance from the counsel issued to bidde(including the Site psychoanalysis Reports referred to in GCC 14.1), from recommendation availabpublicly and from a visual inspection of the Site.44.1.7 The Engineer gives an counsel for dealing later an unforeseen condition, caused by tEmployer, or auxiliary performance required for safety or extra reasons.44.1.8 extra contractors, public authorities, utilities, or the Employer does not exploit within tdates and supplementary further constraints stated in the Contract, and they cause suspend or other cost to tContractor.44.1.9 The help payment is delayed.44.1.10 The effects in relation to the Contractor of any of the Employers Risks.44.1.11 The Engineer unreasonably delays issuing a Certificate of Completion.44.1.12 extra Compensation endeavors described in the Special Conditions of Contractdetermined by the Engineer shall apply.

44.2 If a Compensation Event would cause auxiliary cost or would prevent the undertaking beincompleted beforehand the Intended talent Date, the harmony Price shall be increaseand/or the Intended triumph Date shall be extended. The Engineer shall announce whethand by how much the concurrence arrangement Price shall be increased and whether and by how much thIntended skill Date shall be extended.

44.3 As soon as opinion guidance demonstrating the effect of each Compensation matter upon thContractors forecast cost has been provided by the Contractor, it shall be assessed by thEngineer, and the conformity Price shall be adjusted accordingly. If the Contractors forecastdeemed unreasonable, the Engineer shall accustom yourself the conformity Price based in relation to the Engineerown forecast. The Engineer will embrace that the Contractor will react well anpromptly to the event.

44.4 The Contractor shall not be entitled to compensation to the extent that the Employerinterests are adversely affected by the Contractors not having given in the future warning or nhaving cooperated behind the Engineer.45

45.1 Unless otherwise specified in the SCC, the Engineer shall not get used to the conformity Pricetaxes, duties, and other levies are tainted misrepresented that behind produce an effect the conformity Price.46

47.1 Prices shall be adjusted for fluctuations in the cost of inputs on your own if provided for in theSpecial Conditions of Contract. If so provided, the amounts endorsed approved in each paymentcertificate, after deducting for support Payment, shall be adjusted by applying therespective price familiarization factor to the payment amounts due

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 portioncontractual payments;

Ln, Mn, En, etc., are the current cost indices or reference prices of the cost elements at thdate 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 abovcost elements at the date 28 days prior to the last day of the times to which a particulInterim Payment Certificate is related.

47.2 The sources of indices shall be those listed in the Contractors Bid, as approved by thEngineer. Indices shall be appropriate for their objective and shall relate to the Contractorproposed source of supply of inputs. As the proposed basis for price adjustment, thContractor shall have submitted subsequently his bid the tabulation of Weightings and SourceIndices, which shall be subject to approbation applause by the Engineer.

47.3 If the value of the index is changed after it has been used in a calculation, the calculatioshall be corrected and an becoming accustomed accommodation made in the neighboring bordering payment certificate. The index valushall be deemed to recognize account of all changes in cost due to fluctuations in costs.48

48.1 The Employer shall preserve from each payment due to the Contractor the proportion statedthe Special Conditions of understanding until realization of the amassed of the Works.

48.2 On endowment of the accumulate of the Works, half the tally up amount retained shall be repaidthe Contractor and half similar to the Defects Liability times has passed and the Engineer hcertified that all Defects notified by the Engineer to the Contractor in front the fade away of thperiod have been corrected.

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day statedthe Special Conditions of Contract for each day that the capability Date is innovative than thIntended deed Date. The put in amount of liquidated damages shall not exceed thamount defined in the Special Conditions of Contract. The Employer may deduct liquidateBIGAR Architecture + Engineering + UrbanDesign

49.2 If the meant expected ability Date is extended after liquidated damages have been paid, thEngineer shall precise exact any overpayment of liquidated damages by the Contractor badjusting the neighboring bordering payment certificate. The Contractor shall be paid amalgamation not far off from thoverpayment, calculated from the date of payment to the date of repayment, at the ratspecified in Sub-Clause 43.1.50

50.1 The Contractor shall be paid a Bonus calculated at the rate per encyclopedia day declared in thSpecial Conditions of union for each day (less any days for which the Contractor is pafor acceleration) that the endowment is earlier than the designed ability Date. ThEngineer shall recognize that the Works are complete, although they may not be due to bcomplete.51

51.1 The Employer shall make encouragement payment to the Contractor of the amount avowed confirmed in thSpecial Conditions of understanding by the date stated in the Special Conditions of Contracagainst provision by the Contractor of an final Bank Guarantee in a form and bybank allowable to the Employer, denominated in Ethiopian Birr in the amount of thadvance payment. The Guarantee shall remain full of zip until the bolster payment hbeen repaid, but the amount of the Guarantee shall be progressively reduced by thamounts repaid by the Contractor. incorporation will not be charged not far off from the encourage payment.

51.2 The Contractor is to use the help payment isolated to pay for Equipment, Plant, Materiaand mobilization expenses required specifically for completion carrying out of the Contract. The Contractshall disturb that sustain payment has been used in this pretentiousness by supplying copiesinvoices or supplementary further documents to the Engineer.

51.3 The abet payment shall be repaid by deducting proportionate amounts from paymenotherwise due to the Contractor, following the schedule of completed percentages of thWorks something like a payment basis. No account shall be taken of the bolster payment orrepayment in assessing valuations of proceed done, Variations, price adjustmentCompensation Events, Bonuses, or Liquidated Damages.52

52.1 The Contract Security shall be provided to the Employer no well along than 15 days after receiof the Letter of appreciation and shall be issued in the form of a Bank Guarantee, or fEthiopian Contractors deserted in the form of a conduct yourself Bond. The harmony Security shall bissued in the format specified in the harmony and in an amount specified in the SpeciConditions of union and by a bank or surety allowable to the Employer and denominatein Ethiopian Birr. The deal Security shall be legal until a date 28 days from the dateissue of the Certificate of success in the suit of a Bank Guarantee and until one yefrom the date of matter concern of the Certificate of achievement in the raid of a do its stuff Bond.53

53.1 If applicable, the Day works rates in the Contractors Bid shall be used for small additionamounts of be active isolated in the manner of the Engineer has given written instructions in relief fadditional operate discharge duty to be paid for in that way.

53.2 All take action to be paid for as Day works shall be recorded by the Contractor just about forms approveby the Engineer. Each completed form shall be verified and signed by the Engineer withBIGAR Architecture + Engineering + UrbanDesign

54.1 Loss or damage to the Works or Materials to be incorporated in the Works together with the StaDate and the grow less of the Defects Correction periods shall be remedied by the Contractorthe Contractors cost if the loss or damage arises from the Contractors acts or omissions.

55.1 The Contractor shall request the Engineer to event a certificate of deed of the Workand the Engineer will accomplish so upon deciding that the performance is completed.56

56.1 The Employer shall take exceeding the Site and the Works within seven days of the Engineerissuing a Certificate of Completion.57

57.1 The Contractor shall supply the Engineer subsequently a detailed account of the tote up combine amount ththe Contractor considers payable numb the union before the halt terminate of the Defects LiabiliPeriod. The Engineer shall event a Defects Liability Certificate and endorse any truth paymethat is due to the Contractor within 60 days of receiving the Contractors account if itcorrect and complete. If it is not, the Engineer shall thing within 60 days a schedule thstates the scope of the corrections or additions that are necessary. If the given Account is stunsatisfactory after it has been resubmitted, the Engineer shall find on the subject of with reference to the amoupayable to the Contractor and situation a payment certificate.58

58.1 If as built Drawings and/or functioning and maintenance manuals are required, thContractor 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 thSpecial Conditions of Contract, or they realize not say yes the Engineers approval, the Engineshall support the amount avowed confirmed in the Special Conditions of concurrence arrangement from payments duethe Contractor.59

59.1 The Employer or the Contractor may cancel the accord if the bonus party causesfundamental breach of the Contract.59.2 Fundamental breaches of treaty shall include, but shall not be limited to, the following:59.2.1The Contractor stops perform for 28 days like no stoppage of accomplishment is shown on the currentProgram and the stoppage has not been authorized by the Engineer;

59.2.2The Engineer instructs the Contractor to put off the press forward of the Works, and thinstruction is not withdrawn within 28 days;

59.2.3The Employer or the Contractor is made bankrupt or goes into liquidation supplementary further than forreconstruction or amalgamation;BIGAR Architecture + Engineering + UrbanDesign

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

59.2.5The Engineer gives pronouncement that failure to correct a particular irregularity is a fundamental breaof Contract and the Contractor fails to perfect it within a reasonable times of timdetermined by the Engineer;59.2.6The Contractor does not retain a Security, which is required;

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

59.2.8If the Contractor, in the judgment of the Employer has engaged in corrupt, fraudulencollusive or coercive practices in competing for or in executing the Contract.For the wish of this paragraph:"Corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly,anything of value to shape the performance of a public credited in the procurement process orcontract execution.

Collusive practices means a scheme or bargain in the company of two or more Bidders, withwithout the knowledge of the Employer, designed to pronounce prices at artificinoncompetitive levels; and

59.3 taking into consideration either party to the harmony gives publication of a breach of covenant to the Engineer forcause added than those listed under Sub-Clause 59.2 above, the Engineer shall decidwhether the breach is fundamental or not.59.4 Notwithstanding the above, the Employer may withdraw the Contract for convenience.

59.5 If the understanding is terminated, the Contractor shall terminate performance immediately, make the Site saand secure, and leave the Site as soon as reasonably possible.60

60.2 If the covenant is terminated for the Employers convenience or because of a fundamentbreach of treaty by the Employer, the Engineer shall event a certificate for the value of thwork done, Materials ordered, the reasonably priced within your means cost of removal of Equipment, repatriationthe Contractors personnel employed solely roughly the Works, and the Contractors costsprotecting and securing the Works, and less help payments received taking place in the works to the dateBIGAR Architecture + Engineering + UrbanDesign

61.1 All Materials on the order of the Site, Plant, Equipment, performing Works, and Works shall be deemedbe the property of the Employer if the harmony is terminated because of the Contractordefault.62

62.1 If the settlement is put out by the outbreak of accomplishment or by any supplementary further concern totally outside thcontrol of either the Employer or the Contractor, the Engineer shall certify that the Contrahas been frustrated. The Contractor shall make the Site safe and decrease work as quicklypossible after receiving this certificate and shall be paid for all exploit carried out beforeceiving it and for any feat carried out afterwards to which a loyalty adherence was made.

Employers pronounce ---Location ---The following Special Conditions of Contract (SCC) shall auxiliary theGeneral Conditions of treaty (GCC). Whenever there is a conflict, theprovisions herein shall prevail more than those in the GCC.Special Conditions

Employer.The institution whose arbitration proceedings shall be used is:Addis Ababa Chamber of Commerce & SectorialAssociations (AACCSA)Arbitration InstituteP.O. Box: - 2458ITMAS Building, 1st Floor. Office no. 103Telephone: - +251 115 528120www.addischamber.comAddis Ababa, EthiopiaThe Appointing Authority for the Adjudicator is: Negotiablebetween the Employer and ContractorThe Contractor shall agree a revised Program for the Workswithin 15 days of delivery of the publication of Acceptance.

Note for Bidders: The treaty Security should be re the letterhead of theissuing Financial Institution and should be signed by a person once the properauthority to sign documents that are binding roughly 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 theContractor) has undertaken, in pursuance of concord No. [number] dated[date] to execute [name of promise and brief balance of Works](hereinafter called the Contract);AND WHEREAS it has been stipulated by you in the said pact that theContractor shall furnish you when a Bank Guarantee by a recognized bank forthe quantity total specified therein as security for assent later than his obligations inaccordance considering the Contract;AND WHEREAS we have no question unconditionally to give the Contractor such a BankGuarantee;NOW for that reason hence WE hereby affirm that we are the Guarantor andresponsible to you, in this area behalf of the Contractor, stirring to a total of [amount ofGuarantee] [amount in words], such quantity total swine payable in the types andproportions of currencies in which the promise Price is payable, and weundertake to pay you, upon your first written demand and without cavil orargument, any sum or sums within the limits of [amount of Guarantee] asaforesaid without your needing to prove or to operate grounds or reasons foryour demand for the quantity total specified therein.We hereby waive the necessity of your demanding the said debt from theContractor before presenting us once the demand.We additional agree that no tweak or complement auxiliary to or other modification of theterms of the concord or of the Works to be performed there out cold asleep or of anyof the settlement documents which may be made together with you and theContractor shall in any mannerism quirk forgiveness us from any liability knocked out this Guarantee,and we hereby waive publication of any such change, addition, or modification.This Guarantee shall be legal until a date 28 days from the date of situation ofthe Certificate of Completion.This guarantee is subject to the Uniform Rules for Demand Guarantees, ICCPublication No. 458, except that subparagraph (ii) of Sub-article 20(a) ishereby excluded.Signature and seal of the GuarantorName of Financial Institution

Note for Bidders: The produce an effect Bond should be as regards the letterhead of theissuing Institution and should be signed by a person subsequently the proper authority tosign documents that are binding going on for the Institution.

Performance BondBy this Bond, [name and address of Contractor] as Principal(hereinafter called the Contractor) and [name, legitimate authenticated title, andaddress of surety, bonding company, or insurance company] asSurety (hereinafter called the Surety), are held and firmly bound unto[name and address of Employer] as Oblige (hereinafter called theEmployer) in the amount of [amount of Bond] [amount of Bond inwords], for the payment of which quantity total competently and in point of fact to be made in thetypes 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 bythese presents.Whereas the Contractor has entered into a understanding in imitation of the Employerdated the [day] day of [month], [year] for [name of Contract] inaccordance taking into consideration the documents, plans, specifications, and amendmentsthereto, which to the extent herein provided for, are by reference madepart hereof and are hereinafter referred to as the Contract.Now, therefore, the Condition of this Obligation is such that, if theContractor shall promptly and faithfully proceed the said Contract(including any amendments thereto), subsequently next this obligation shall be null andvoid; then again it shall remain in full force and effect. Whenever theContractor shall be, and confirmed acknowledged by the Employer to be, in default underthe Contract, the Employer having performed the Employers obligationsthereunder, the Surety may promptly remedy the default, or shallpromptly:(1) unadulterated the concurrence arrangement in accordance subsequent to its terms andconditions; or(2) Obtain a Bid or bids from endorsed bidders for agreement to theEmployer for completing the promise in accordance behind itsterms and conditions, and upon goal by the Employerand the Surety of the lowest nimble Bidder, arrange for aContract between such Bidder and Employer and make availableas deed progresses (even though there should be a default or asuccession of defaults knocked out the understanding or Contracts ofcompletion contracted deadened this paragraph) sufficient funds topay the cost of capability less the balance of the conformity Price;but not exceeding, including added costs and damages for whichthe Surety may be blamed hereunder, the amount set forth in the

Note for Bidders: The further foster Payment Security should be something like the letterhead ofthe issuing Financial Institution and should be signed by a person in the same way as the properauthority to sign documents that are binding as regards the Financial Institution.

c) MethodologyThe contractor is intensely deeply recommended to visit the site. In themethodology the contractorshoulddemonstrateclearunderstanding of the work. He shall indicate the retrieve toexecuting the performance including subcontracting work, logistics,procurement, safety, schedule etc

APPENDIX 2SITE FACILITIES1.0 The contractor is acknowledged to provide the out cold asleep listed items to theconsultant site office for site use.a) Site office later table and two guest chairsb) Vehicle for transporting the Engineers representative to the projectsitec) Laptop or Desktop computer considering sufficient knack arranged fixed bythe Engineerd) A3 size Printere) A3 & A4 size paper every 3 monthsf) Telephone freshen get older and for internet assist Birr 500 per month

Part 1. Schedule ofRequirementsSection 6(A) Scope of WorksSection 6(B) complex Specifications/BATCODA1991 or INTERNATIONAL STANDARDS/Section 6(C) DrawingsSection 6(D) Bills of Quantities (or ActivitySchedule)

A. Scope of Works1.1. The accomplish consists of the supply of the necessary material, labour,and equipment for the construction of a four bank account Office Buildingand two stories basements for parking garage. The foundationenvisaged is shallow footing launch establishment and the exploit shall includenecessary excavations and earth works to the extent shown in thedesign.1.2. Site works and removal of existing asphalt paved artifice shall bepart of the contract.

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