ANRS Bureau of Health

Contract Document for Mekoy Health Center OR Block Remaining Works

CONTRACT DOCUMENT

PROJECT: - Remaining Works of Mekoy Health Center OR Block

LOCATION: -

ZONE:- North Shewa

EMPLOYER: - ANRS Bureau of Health

CONTRACTOR: - Atnafie Tesfa Building Contractor

Consultant: - Infrastructure Core Work Process, Health Bureau

Mekoy Health Center OR Block Remaining Works August 2016 Page 1 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

MEKOY OR BLOCK REMAINING

WORKS CONSTRUCTION AGREEMENT

Mekoy Health Center OR Block Remaining Works August 2016 Page 2 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

1. PART ONE

1.1 CONSTRUCTION AGREEMENT

1.2 APPENDIX TO CONSTRUCTION AGREEMENT
1.3 STANDARD CONDITIONS OF CONTRACT

2. PART TWO
2.1 PRICED BILL OF QUANTITIES
2.2 LIST OF DRAWINGS

Mekoy Health Center OR Block Remaining Works August 2016 Page 3 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

PART ONE

Mekoy Health Center OR Block Remaining Works August 2016 Page 4 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

1.1 CONSTRUCTION AGREEMENT

This AGREEMENT is made the12th day of Nehassie, 2008 E.C at ANRS HEALTH BUREAU

Between: - ANRS Bureau of Health, P.O.box 495, BAHIR DAR

TEL: - (058) 220 17 22 OR 226 66 63 FAX (058) 220 17 15 OR 220 14 87

(Here in after called “the EMPLOYER” of the one part,

AND

Atnafie Tesfa Building Contractor P.O.box __ TEL. (0914739147) (Here in after called “the
CONTRACTOR) whose registered office is situated at Dessie town on the other part)

Whereas the Employer is desirous that the Contractor execute Remaining works of OR Block in Mekoy
Health Center, Antsokia Gemza Woreda, North Shewa Zone, (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 as specified according to the Drawings and
Specification describing the work to be done and bills of quantities as prepared by Infrastructure Core
Process, Health Bureau, who is appointed to supervise and administer the contract in accordance with the
STANDARD CONDITIONS OF CONTRACT FOR CONSTRUCTION OF CIVIL WORK
PROJECTS

Whereas the CONTRACTOR has agreed to undertake the construction works as per the terms and
conditions of the contract documents enumerated in clause 1.1.2 below: Now therefore, the parties agree as
follows:

1.1.1. GENERAL PROVISIONS

a) In this agreement words and expressions shall have the same meanings as respectively
assigned to them in the STANDARDCONDITIONS OF CONTRACT referred in clause
1.1.2(i) below.

Mekoy Health Center OR Block Remaining Works August 2016 Page 5 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

b) For the considerations hereinafter mentioned the CONTRACTOR will upon and subject to
the conditions hereto annexed execute and complete the works shown upon the said
Drawings and described or referred to in the said Bill of Quantities, specification and the said
conditions.

1.1. 2. CONTRACT DOCUMENTS

It is agreed and understood that the following documents are parts of the agreement:
a) This agreement and attached conditions;

b) The invitation to bid;

c) The letter of acceptance;

d) The General Conditions of Contract issued by the Federal Public Procurement and Property
Administration Agency (FPPPA) Version 1, August 2006
e) The Technical Specifications and Method of Measurement; BaTCoDA’s Standard, March
1991;
f) Signed prints of drawings ;

g) Signed priced bill of quantities; and

h) Standard conditions of Contracts for Construction of civil works projects, 1994 as amended
by the ANRS Bureau of Finance

Shall be known as “the contract documents” and represent the agreement between the EMPLOYER and the
CONTRACTOR and that there is no other agreement of any other document relating to or in any way
affecting this agreement at this stage and that these documents super side all other agreements and drawing
prior to the date hereof.

1.1.3. AGREEMENT CONSIDERATIONS

In consideration of the payments to be made by the EMPLOYER the CONTRACTOR HERE by covenants
with the EMPLOYER to execute and complete the works and remedy any defect there is conformity in all
respects with the provisions of the contract and the EMPLOYER here by covenants to pay the
CONTRACTOR in consideration of the execution and completion of the works and the remedying of
defects there in the total contract price Ethiopian Birr 1,408,748.00 ( One Million Four Hundred Eight

Mekoy Health Center OR Block Remaining Works August 2016 Page 6 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

Thousand Seven Hundred Forty Eight Birr) including 15% VAT at the terms and in the manner
prescribed by the contract document.

1.1.4. CONTRACT ADMINISTRATION

The Health Infrastructure Core Process shall be responsible for interpreting and administering the contract
in accordance to the contract document specified in article 1.1.2 here above and witnesses this agreement as
here under.

1.1.5. STATUS OF CONTRACT

It is agreed and understood that the said contract documents shall be interpreted according to the Ethiopian
law and this agreement is deemed to be ADMINISTRATIVE CONTRACT in accordance with ARTICLE
3131 of the civil code of Ethiopia 1960.

IN WITNESSES where of the parties have caused their respective common seals to be here unto affixed on
the day and year first above written.

For the EMPLOYER for the CONTRACTOR

_____________________ ________________________

Authorized Signature Authorized Signature

WITNESS

Name Signature

1. _________________________ ________________

Mekoy Health Center OR Block Remaining Works August 2016 Page 7 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

2. _________________________ ________________

3. _________________________ ________________

Mekoy Health Center OR Block Remaining Works August 2016 Page 8 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

1.2 APPENDIX TO THE CONSTRUCTION AGREEMENT

CLAUSES

Amount of security 10. 10_percent of contract price

Minimum amount of third 23/2/. ___ per occurrence, with the number of

party insurance occurrences unlimited

Time of Commencement 41. 21 cal Days from date of site handover.

Time for completion 43. 300 cal days

Amount of liquidated damages 47. 1/1000 of the contract price per day

Limit of liquidated damages 47. 10 percent of the contract price

Defects liability period 49. 365 cal Days

Percentage of retention money 60/4/. 5 percent of the certificate amount

Limit of Retention money 60. 5 percent of the contract price

Minimum amount of Interim 60. ____certificates

Rate of interest upon unpaid 60/10). _______ percent

Advance payments 60. Up to 30 percent of the contract price

Foreign currency (if any) 72. Not applicable

N.B

Maximum amount of performance bond that a bidder can afford 10% of his offer.

Mekoy Health Center OR Block Remaining Works August 2016 Page 9 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

1.3 CONDITIONS OF CONTRACT

The condition of contract applicable to this tender document is: of the Standard bidding Document for the
procurement of works issued by the PPA:version 1,august 2006 for National competitive Bidding .
These Conditions are subject to the variations and additions set out in 1.4. hereof entitled “Conditions of
Particular Application”.

1.4 PARTICULAR CONDITIONS OF CONTRACT

The following Conditions of Particular Application shall supplement the General Conditions of Contract
and are amendments and additions to the General Conditions. Whenever there is a conflict, the provisions
herein shall prevail over those in the General Conditions of Contract. Clauses in this part having Clause
number 89 or less are amendments and additions to the General Conditions and carry the numbers of the
Clauses and Sub-clauses which they amend.

GCC Clause Section 8. Special Conditions of Contract

Reference
The Contract
GCC 8.1 The governing law shall be Ethiopian law
GCC 9.1 Language of the Contract shall be English.

GCC 22.1 The percentage to apply to the value of the work not completed, representing the public
Body's additional cost for completing the Works, is 10% of the contract price
Obligations of the Employer

GCC 30.2 The Employer shall provide the following further assistance to the Contractor:
 Provide full drawing
 Access to the site
Obligations of the Contractor
GCC 34.5(b) The Employer’s prior approval is also required for:
a) All variation, except in an emergency situation as reasonable determined by the
Engineer;
b) Delay purification/justification exceeding 25% of the contract time
c) Issuance of certificate of completion of works and maintenance certificate
d) Termination of contract

Mekoy Health Center OR Block Remaining Works August 2016 Page 10 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

GCC Clause Section 8. Special Conditions of Contract

Reference
GCC 37.2 The schedule of other contractors is not part of the contract.

The amount of insurance covering liability with regard to risks and civil liability
GCC 40.3
insurance shall be Unlimited
GCC 41.4 The period between Program updates is : 60 days
The amount to be withheld for late submission of an updated Program is 5% of interim
payments.
Payments to the Contractor
The following provisions shall apply to the advance payment and the
GCC 60.9
advance payment security:
(a) An Advance Payment Security shall be required.
(b) The Advance Payment Security shall be in the amount and in the currency of the
[local] currency portion of the advance payment.
(c) The repayment of the advance payments shall take the form of deductions based on
the monthly claims
(d) The advance payment _______% shall be repaid by means of deductions from the
installments and, if necessary, the balance due to the Contractor. This repayment shall
begin with the first installment and be completed, at the very latest; by the time 80% of
the amount of the contract has been paid.
Repayment shall be made in the same currency as the advance payment.
The amount to be deducted from each installment shall be calculated using the
following formula:

where:
R = the amount to be repaid
Va = the total amount of the advance payment
Vt = the initial contract amount
D = the amount of the installment.
The result is rounded up to two decimal places.
GCC 62.1 The Contract is not subjected to any price adjustment

GCC 64.4 The frequency of interim payment shall be: Minimum interval between interim
payment requests shall be one month provided that 5% contract price.
The draft Final Statement of Account shall be submitted at the latest at the moment of
GCC 65.1
the Contractor's application for the provisional acceptance certificate.
The Engineer shall prepare and sign the Final Statement of Account within 30 days
GCC 65.2
from the issue of the certificate of final acceptance.
Performance of the Contract
The Scope of Works shall be defined in: section 6 schedule of requirements
GCC 70.1

Mekoy Health Center OR Block Remaining Works August 2016 Page 11 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

GCC Clause Section 8. Special Conditions of Contract

Reference

The Contractor shall carry out the Works at following Sites: Health Facility project in
GCC 70.2
the bid

Additional Conditions of Contract

The following Additional Conditions of Contract (ACC) shall also form part of the Construction Contract.

1. Care of the Environment

The Contractor shall execute the Works in an environmentally friendly manner and shall avoid all
unnecessary damage to property and flora. All waste material shall be disposed of in a proper manner to the
satisfaction of the Engineer.

2. Confidentiality
The Contractor shall treat the Contract and everything in connection with it as private and confidential. In
particular the Contractor shall not publish or issue any information or photograph concerning the Works and
shall not use the site for any commercial purpose except with the consent of the Engineer and subject to any
conditions he may impose.

3. Drawings
The amount to be with held for failing to produce “as-built” drawings by each interim payment certificate
shall be 50,000 Ethiopian birr.

Mekoy Health Center OR Block Remaining Works August 2016 Page 12 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

PART TWO

Mekoy Health Center OR Block Remaining Works August 2016 Page 13 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

2.1 PRICED BILL OF QUANTITIES

Priced bill of quantities shall be printed, stamped and provided to the contractor in separate volume.

Mekoy Health Center OR Block Remaining Works August 2016 Page 14 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

2.2 LIST OF DRAWINGS IN SOFT COPY

All drawings shall be provided to the contractor in both hard and soft copy with CD in separate volume.

Mekoy Health Center OR Block Remaining Works August 2016 Page 15 of 16

 ANRS Bureau of Health
Contract Document for Mekoy Health Center OR Block Remaining Works

Mekoy Health Center OR Block Remaining Works August 2016 Page 16 of 16