湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

Construction of Stone Masonry Side Ditch Contract

CONTRACT No : /SDC/HNRB/2023

Rubengera-Muhanga Road Project: Rehabilitation and Widening of

PROJECT:
Rambura-Nyange Road Section

Hunan Road and Bridge Construction Group Company Ltd

PARTY A:
(HNRB)

PARTY B: ….…………………………………………………………

CONTRACT
CONTENT: Construction of Masonry Ditches

DATE OF
/ /2023
SIGNATURE:

EXECUTION
… months
PERIOD:

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

This Contract AGREEMENT is between

PART A:

Hunan Road and Bridge Construction Group Company Ltd (HNRB) Rubengera-Muhanga Road
Project: Rehabilitation and Widening of Rambura-Nyange Road Section, hereby termed as the
Main-Contractor, Client and represented by Mr ．Yi Xianliang, Project Manager, Contact Tel:
(+250)788331605, Contact email: 479300093@qq.com/frankshu20150918@gmail.com

And

PART B:
….………………………………………, a well experienced and progressive limited liability
Company has company code:…………………….. which aim to provide professional and
comprehensive services in construction industry. Contact Tel:…………….., Contact email:
.................................................., herein represented by ……………………………e , herein
referred to as the “Subcontractor”.

Whereas, the subcontractor agrees to provide all work which is required to undertake in the
performance of this Agreement with respect to the deadline set forth by the Main Contractor;

Whereas, the Main Contractor and Subcontractor agree that the Agreement means and includes
all specifications which are described and attached hereto to include minutes of negotiations,
instructions, scope of works and other documents which are incorporated or referred to herein;

Now, therefore, for works consideration, the receipt and sufficiency of which is hereby
acknowledged, the Main Contractor and the Subcontractor agree as follows:

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

Article 1: General Rules

Documents below should be considered as part of the contract

 The contract agreement
 Technical specification between Part A and the Client
 RDB registration certificate
 Completion certificates
 Copy of ID cards of Party B
 The correspondence email/ shop drawing/ purchase order or delivery record/ test
report/ instructions/ other documents
Above files are mutually complementary, the terms will prevail as per the prior sequence if any
ambiguity.

Article 2: Scope of the Works: Construction of trapezoidal masonry ditch

This remunerates per Cubic meter the implementation of trapezoidal masonry ditch, in all kinds
of terrain including rocky. The ditch shapes are as per the drawings in the attachment and
conform to standard drawings of the project. It includes but not limited to:
1. All access constraints and preparation regardless of the terrain;
2. Ditches earthwork regardless the volumes;
3. The leveling, profiling, grading, layout of the beads and all finishes;
4. Extraction, removal and leveling of land resulting in excess grading and profiling of the
ditch;
5. The leveling of the course of water, walls and connection to culverts and outfalls;
6. Supply and compaction of eventually missing fill, the rehabilitation of the surroundings
and all constraints;
7. The ditch masonry works include supply, transport, size of stones, mortar mixing and
jointing, and at the top and bottom of the ditch the mortar mixing shall be applied, and all
constraints;

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

8. All access constraints and execution in terrain of all type.

9. The quantities to be considered will be the actual lengths of constructed ditch executed in
accordance with the project implementation plans approved by the Main Contractor.
10. The subcontractor is required to cure the ditch with enough water after construction
within 7 days working period (Morning and during Evening everyday), the price has
included the cost of curing.

Article 3: The Main Contractor’s Duties

The Main Contractor is supposed to:

1. Provide working places and necessary topographic survey.
2. Direct the works and contact the consultant for inspection.
3. Measure the quantities and pay the money to the subcontractor on time if the works
are finished and approved.
4. The main contractor will also try his best to furnish material to the Sub-Contractor,
if the Sub-Contractor chooses to purchase from main contractor.
Article 4: The Subcontractor’s Duties

1. Follow the instructions from the main Contractor.

2. The Subcontractor shall work hard and efficiently to complete his works in accordance
with the time period agreed between Parties A and B in the attached template(s).
3. The Subcontractor shall complete the whole works with good quality (with beautiful
appearance and line & with strength and stable) and sufficient quantity.
4. The Subcontractor shall buy insurance for his workers and offer necessary safety personal
protection equipment including but not limited to Safety Jacket, Helmet, Gloves, goggles,
and Safety Shoes. Moreover, he is fully responsible for anything regarding his workers.
5. The party B shall submit the Party A the prior written request before party B executing
any item of works. All works executed by Party B shall be under the supervision of Party
A. If any unqualified materials or improper work method is found, the Party B shall
rectify and reform immediately according to the instruction of Party A. The Part B will be

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

responsible for any cost of loss when unqualified materials or improper work method is
rejected by the main contractor and consultant, At the same time, The Party B will also
face the fines( between 500,000RWF to 2,000,000FRW for one times)
6. After completion of works and before the acceptance, party B shall clean all the waste
materials on site. If the Party B refuses, the Party A will clean and deduct related cost
from the interim payment.
7. The party B shall hold all the responsibility for the environment and road safety on the
work site and has no right to claim from party A.
8. Party B shall be responsible for all their vehicle, staffs, servants and agents or accident
caused by the above matters of Party’s work site. If there is any accident caused by the
matters motioned above, party B shall deal with positively and settle the matters as soon
as possible without any trouble.
9. Party B shall take some safety measures in the process of works, such as setting up
warning signs and tapes to avoid accident, appointing the flagmen/women to direct the
traffic, engage more females from Ngororero and Karongi District as per the government
of Rwanda Gender requirements and so on and has no right to claim from party A.
10. Party B shall comply with Rwanda laws and instructions from Part A ESHS requirements
in the process of works, such as dealing with solid and liquid wastes properly, controlling
noise and dust pollution, cleaning site after completion of works and so on and has no
right to claim from party A.
11. Party B shall take liabilities on any loss during the execution of this sub-contract, which
is not caused or influenced by Party A.
12. The Party B shall clear the due payment to his suppliers and employees for execution of
works during contract period. If any dispute from Party B causes adverse effect on Party
A, Party A is entitled to deduct related loss from the due payment to Party B.
13. The Subcontractor can purchase materials (sand and cement only) from the main
contractor accordingly or purchase the materials from the local people. In case the
Subcontractor chooses to buy from outside, he must ensure the materials are of good
quality and have quality standard certificates. In case the purchased materials are not of

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

good quality, rejected by the main contractor and the consultant, the subcontractor shall
bear full responsibility for the loss and he does not have any right to claim to the main
contractor.
14. The party B shall be responsible to put in place all measures to prevent against COVID-
19 on site such as installing the hand washing facility on site, alcohol, thermometer for
fever testing, distribution of surgical masks to labors, respecting the social distancing of
one meter as per the Rwanda Ministry of Health requirements.
15. Offer the EBM (Electronic Billing Machine) invoice with VAT inclusive of 18% to the
Main Contractor when he wants to get the work settlement money every time after
approving the work performed by the main contractor and the consultant.

Article 5: Work Period

Normally this contract duration is 2 months after signed this contract by both parties and also
the duration of this contract is decided in accordance to the actual work performed on the site.

Article 6: Quality standard

The technical specifications and quality standard of trapezoidal masonry ditch must comply with
the project contract between the Main Contractor and Client. The mortar mix design and the
concrete mix design shall be as follows:
NO. Item Grade Normal mix design
1. Stone masonry M7.5 Cement:sand:water=50:250:60(kg/m3)
Concrete for blinding Cement:sand:aggregate:water=250:750
2. C15
concrete and plain concrete :1200:175(kg/m3)

Remark:The cement grade shall be 42.5

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

Article 7: Price
The price per cubic meter of the implementation of masonry ditch (including but not limited to
the materials cost, machine cost, labor cost, curing cost, transportation cost, transport fees for
materials, environmental protection cost, Safety cost, storage and security etc) will be as per
ditch type. And this price must include the VAT of 18% using updated EBM version.
Price per cubic meter
Type of Ditch
(including 18% VAT)
Stone masonry (please see the attached
52,800 RWF
drawing for details)
Concrete for blinding concrete and plain
concrete (please see the attached drawing for 75,000RWF
details)

Article 8: Payment Modality and Time of payment

After the Subcontractor completed the work as described above and passed the inspection by the
Main Contractor and Consultant, then the Subcontractor shall provide invoice with effective
EBM with tax inclusive of 18% and add main contractor TIN number (103646509).

The Main Contractor will pay for the settlement in 15 days by bank transfer, cheque or other
means of payment (only Rwandan Francs)

Percentage of retention money: 10% of the payment will be retention money. After final
acceptance of project by RTDA, the retention money will be returned to the Subcontractor.

Article 9: The termination of contract

When the Subcontractor is not competent for the works or cannot complete the works with good
quality and on time, the main contractor has full right to terminate the contract and to claim for
compensation.

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

When the Subcontractor refuses to follow the instructions from the main contractor, the Main
Contractor has full right to terminate the contract and to claim for compensation. When the
works are finished, the contract will be terminated.

Article 10: Dispute Resolution

Both parties should resolve all disputes arising from the performance of this contract through
amicable negotiation. If no agreement is reached, either party should seek arbitration from an
accredited arbitration committee or take legal actions against the other party to the court in the
city where the client is located.
Article 11: Language

The governing language for this agreement shall be English language.

Article 12: Other

Supplementary agreement, minutes of meetings, addendum etc. signed by both parties during the
performance of this contract will also form indispensable part of this contract.

Other issues shall be negotiated between the two parties amicably.

This contract will come into force after the stamp or signature by both parties. The contract shall
automatically become expired after the subcontractor fulfills all his contractual obligations and
the client honors full payment.

The contract is made in one original for the client and one original for the subcontractor.

This AGREEMENT shall come into force on the day of the signature by both parties, if it is
signed on different dates, it shall come into effect on the later date.

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 湖南路桥建设集团有限责任公司卢旺达兰尼 22 公里项目经理部

Hunan Road & Bridge Construction Group Co., Ltd.

Rubengera-Muhanga Road Project: Rehabilitation and Widening of Rambura-Nyange Road Section

The Main Contractor will give one contract to every subcontractor and an attachment for every
1km section allocated to him. The attachment will be having different information pertaining to
the section allocated to him.

NB:………………………………………. is not the only one company to execute the

construction of ditch along Rambura - Nyange road construction Project. The Main Contractor

(HNRB) has the full responsibility to engage different subcontractors to perform the same task at

the same period.

Done at Kigali on / /2023

PART A: PART B:

Project Manager Managing Director

Mr．Yi Xianliang ….……………………………………

Rubengera-Muhanga Road Project: Rehabilitation

and Widening of Rambura-Nyange Road Section,

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