Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority
Section IX:
Forms of Agreement, Performance Guarantee (Unconditional and
Conditional) and Bank/Insurance Guarantee for Advance Payment
(Unconditional and Conditional), Anti-Bribery Pledge Form, Form
of Advance Payment Disbursement Agreement, and Advance
Payment Disbursement Schedule
Bidding Document, Section IX: Forms
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 1
FORM OF AGREEMENT
AGREEMENT
This Agreement is made and entered into as effective on (….day….month….year)
between Ethiopian Roads Authority of Mailing Address:
Ethiopian Roads Authority
P.O.Box 1770
Tel. 011 515 66 03
Addis Ababa
Ethiopia
(Hereinafter called “THE EMPLOYER”) of the one part and Amhara Road Works
Enterprise(…Name of Contractor...) of (…. Mailing Address of Contractor...)
(Hereinafter called “THE CONTRACTOR”) of the other part.
Whereas the Employer is desirous that certain works should be executed by the
contractor, viz. (….Brief Description of Works…) and has, by Letter of Acceptance dated
(............ Date of Letter of Acceptance….) accepted a bid by the Contractor for the
execution and completion of such Works and the remedying of any defects therein.
NOW THIS AGREEMENT WITNESSES:
General Provision
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the General Conditions of Contract, Conditions of
Particular Application hereinafter referred to.
The aforesaid documents shall be taken as complementary and mutually explanatory of
one another, but in the case of ambiguities or discrepancies shall take precedence in the
order set out herein below.
In consideration of the payment to be made by the Employer to the Contractor as
hereinafter mentioned herein below, the Contractor hereby covenants with the
Employer to execute, complete and maintain the works in conformity in all respects with
the provision of the Contract.
The Contract Documents
The following documents shall be deemed to form, be read and constructed as part of
this Contract Agreement namely, the
a) The Contract Agreement
b) Letter of Acceptance
c) Minutes of Pre-Contract Award Discussion (if any), Addendum (if any),
d) the Bid and Appendix to Bid
e) Conditions of Particular Application
Bidding Document Section IX: Form of Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 2
f) General Conditions of Contract
g) Particular Technical Specification
h) 2002 ERA Standard Technical Specifications
i) The Drawings
j) Priced Bill of Quantities
k) Other documents, as listed in the Appendix to Bid (if any).
Agreement Consideration
The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein (….Contract Price in
figures and words…) such other sum as may become payable under the provisions of
the Contract.
In witness whereof, the parties hereto have caused their respective common seals to be
hereunto affixed and have hereunto set their respective hands and seals the day and
year first above written.
For and on behalf of Ethiopian Roads Authority (ERA)
[Authorized Representative]
In the presence of
Name _______________________
In the capacity of _______________________
Signature _______________________
In the presence of
Name _______________________
In the capacity of _______________________
Signature _______________________
For and on behalf of (Name of the Contractor)
________________________________________________
[Authorized Representative]
In the presence of
Name _______________________
In the capacity of _______________________
Signature _______________________
Bidding Document Section IX: Form of Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 3
In the presence of
Name _______________________
In the capacity of _______________________
Signature _____________________________
Bidding Document Section IX: Form of Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 4
PERFORMANCE (BANK) GUARANTEE
(Unconditional)
To: The Director General
Ethiopian Roads Authority
P.O.Box 1770
Tel. 011 515 66 03
Addis Ababa, Ethiopia
WHEREAS [name and address of contractor] (herein after called “the contractor”) has
undertaken, in pursuance of contract No. ____ dated ________to construct Addis
Ababa – Gohatsion Road Upgrading and Overlay Project, Contract 3: Fiche –
Gohatsion Road Overlay project (km 102+000 – 177+147) (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/Insurance) Guarantee by a recognized
(Bank/Insurance) for the sum specified therein as security for compliance with his
obligation in accordance with Contract;
AND WEHERAS we have agreed to give contractor such a (Bank/Insurance)
Guarantee;
NOW THERFORE 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 other modification of the terms of
the contract or the works to be performed hereunder or 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 taking-
over Certificate.
SIGNATURE AND SEAL OF THE GUARANTOR
Name of (Bank/Insurance): ______________________________
Address: ______________________________
Date: ______________________________
Bidding Document, Section IX: Performance Bank Guarantee (Unconditional)
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 5
PERFORMANCE INSURANCE GUARANTEE
(Conditional)
(For local firms)
To: The Director General
Ethiopian Roads Authority
P.O.Box 1770
Tel. 011 515 66 03
Addis Ababa Ethiopia
THIS AGREEMENT is made on the day of ____________20
between [name of insurance] of
[address of insurance] (hereinafter called “the Guarantor”) of the one part and [name
of Employer] of [address of Employer] (hereinafter called “the Employer”) of the
other part.
WHEREAS
(1) this Agreement is supplemental to a contract (hereinafter called the
“Contract”) made between [name of Contractor] of [address of Contractor]
(hereinafter called “the Contractor”) of the one part and the Employer of
the other part whereby the Contractor agreed and undertook to execute
the Works of [name of Contract and brief description of the Works] for the
sum of [amount in Contract currency] being the Contract Price; and
(2) the Guarantor has agreed to guarantee the due performance of the
Contract in the manner hereinafter appearing.
NOW, THEREFORE, the Guarantor hereby agrees with the Employer as follows:
(a) If the Contractor (unless relieved from the performance by any clause of
the Contract or by statute or by the decision of a tribunal of competent
jurisdiction) shall in any respect fail to execute the Contract or commit any
breach of his obligations there under, then the Guarantor will indemnify
and pay the Employer the sum 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, provided that the
Employer or his authorized representative has notified the Guarantor to
that effect and has made a claim against the Guarantor before a date 28
days after the issue date of the Taking-Over Certificate.
(b) The Guarantor shall not be discharged or released from his guarantee by
an arrangement between the Contractor and the Employer, with or
without the consent of the Guarantor, or by any alteration in the
Bidding Document Section IX: Form of Insurance Guarantee (Conditional)
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 6
obligations undertaken by the Contractor, or by any forbearance on the
part of the Contractor, whether as to the payment, time, performance, or
otherwise, and any notice to the Guarantor of any such arrangement,
alteration, or forbearance is hereby expressly waived.
This Guarantee shall be valid until a date 28 days from the date of issue of the Taking-
Over Certificate.
Given under our hand on the date first mentioned above.
SIGNED BY
for and on behalf of the Guarantor in the presence of:
(Witness)
SIGNED BY
For and on behalf of the Employer in the presence of:
(Witness)
Bidding Document Section IX: Form of Insurance Guarantee (Conditional)
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 7
BANK GUARANTEE FOR ADVANCE PAYMENT
(Unconditional)
TO: The Director General
Ethiopian Roads Authority
P. O. Box 1770
Tel: 011 515 66 03
Addis Ababa, Ethiopia
Name of Contract: Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147)
In accordance with the provision of the Conditions of Contract, Sub-clause 60 (7)
(“Advance Payment”) of the above mentioned Contract, [name and address of
contractor] hereinafter called Contractor’) shall deposit with Ethiopian Roads Authority a
bank/Insurance guarantee to guarantee his/her proper and faithful performance under
the said clause of the contract in an amount of [amount of guarantee], [amount in
words]..
We, the [Bank/, Insurance Company], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as Surety
merely, the payment to Ethiopian Roads Authority 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], such amount to be
reduced periodically by the amounts recovered by you from the proceeds of the
Contract.
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 Ethiopian Roads Authority 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.
No drawing may be made by you under this guarantee until we have received notice in
writing from you that Advance Payment of the amount listed above has been paid to the
Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the Advance Payment
under the Contract until Ethiopian Roads Authority receives full repayment of the same
amount from the Contractor or until the contract completion time whichever comes
earlier.
Yours truly,
SIGNATURE AND SEAL:
Name of Bank/Insurance Company:________________________
Address: ____________________________
Date:___________________
Bidding Document Section IX: Form of Bank Guarantee for Advance Payment (Unconditional)
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 8
INSURANCE GUARANTEE FOR ADVANCE PAYMENT
(Conditional)
(For local firms)
TO: The Director General
Ethiopian Roads Authority
P. O. Box 1770
Tel: 011 515 66 03
Addis Ababa, Ethiopia
Name of Contract: Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147)
In accordance with the provision of the Conditions of Contract, Sub-clause 60(7)
(“Advance Payment”) of the above mentioned Contract, [name and address of
contractor] hereinafter called Contractor’) shall deposit with Ethiopian Roads
Authority a bank/Insurance guarantee to guarantee his/her proper and faithful
performance under the said clause of the contract in an amount of [amount of
guarantee],[amount in words].
We, the [Insurance Company], as instructed by the Contractor, agree conditionally
to guarantee as primary obligator and not as Surety merely, the payment to the
Ethiopian Roads Authority on his demand in the amount not exceeding [amount of
Guarantee], [amount in words], such amount to be reduced periodically by the
amounts recovered by you from the proceeds of the Contract.
THE CONDITIONS of this obligation is:
If the contractor spent any portion of the advance payment for any purposes
other than for the project.
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 the Ethiopian Roads Authority 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.
No drawing may be made by you under this guarantee until we have received
notice in writing from you that an advance payment of the amount listed above
has been paid to the Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until Ethiopian Roads Authority receives full
repayment of the same amount from the Contractor.
Yours truly,
SIGNATURE AND SEAL:________________________________
Name of Bank or Financial Institution:
Address:
Date:
Bidding Document Section IX: Form of Insurance Guarantee for Advance Payment (Conditional)
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 9
ANTI-BRIBERY PLEDGE FORM
To
Ethiopian Roads Authority
Ras Abebe Aregay Street
P.O.Box 1770
Tel. +251-11-515 66 03
Fax. +251 11 5514866/51 00 82
Addis Ababa
Ethiopia
Gentlemen;
Having examined the under mentioned “corrupt, fraudulent, collusive and
coercive practice” we have agreed to sign this Anti Bribery Pledge form for the
construction of works Addis Ababa – Gohatsion Road Upgrading and Overlay
Project, Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 –
177+147).
We confirm and insure to the employer that we will not at any time engage
ourselves into evil practices.
In pursuance of this policy the employer defines:-
i. “corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
procurement process or in contract execution; and
ii. “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to
the detriment of the purchaser and includes collusive practice
among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive
the purchaser of the benefits of free and open competition;
iii. “Collusive practice” means a scheme or arrangement between two or
more bidders, with or without the knowledge of the Employer,
designed to establish bid prices at artificial, noncompetitive levels;
and
iv. “Coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation
in the procurement process or affect the execution of a contract
(V) “Obstructive Practice” is:
i. deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to
investigators in order to materially impede the Employers
investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating any
Bidding Document, Section IX: Anti-Bribery Pledge Form
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 10
party to prevent it from disclosing its knowledge of matters relevant
to the investigation or from pursuing the investigation, or;
ii. acts intended to materially impede the exercise of the Employer’s
inspection and audit rights.
The employer will reject a bid for award if it determines that the bidders
recommended for award has engaged in corrupt, fraudulent, collusive or coercive
practices in competing for the contract in question;
The employer will declare a firm ineligible, either indefinitely or for a stated period
of time, to be awarded a contract if it at any time determines that the firm has
engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or
in executing, a contract.
In addition to this, we understand that the employer has the right to reject firms
which are found to be corrupt and fraudulent.
This Anti Bribery Pledge Form is signed the 10th day April, 2016
__________________ __________________ ___________________
Name Signature and Seal (In Capacity of)
Bidding Document, Section IX: Anti-Bribery Pledge Form
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 11
FORM OF ADVANCE PAYMENT DISBURSEMENT AGREEMENT
Account No. ___________________
This Agreement is made and entered into as effective on (….day/month/year….)
between Ethiopian Roads Authority of Mailing Address:
Ethiopian Roads Authority
P.O.Box 1770
Tel. 011515 66 03
Addis Ababa
Ethiopia
(hereinafter called “ THE EMPLOYER”) of the one part and Amhara Road Works
Enterprise (Hereinafter called “THE CONTRACTOR”) of the other part.
Whereas the Employer is desirous that the advance payment should be properly
and fully expended for the project (Addis Ababa – Gohatsion Road Upgrading and
Overlay Project, Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000
– 177+147)), use only as per the advance payment disbursement schedules.
General Provision
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the General Conditions of Contract, Conditions of
Particular Application hereinafter referred to.
In consideration of the advance payment, pursuant to Clause 60 of the General
Conditions of Contract and Sub-Clause 60.7 of Conditions of Particular
Applications, the maximum amount is as indicated on the Appendix to bid of the
bidding document and Advance Payment shall be made by the Employer to the
Contractor after the Employers receipt of the Advance payment guarantee and as
per the conditions of agreement set herein below and singing of this Advance
Payment Disbursement Agreement, the Contractor hereby covenants with the
Employer to absolute consumption and utilization of the advance payment as per
the approved advance payment disbursement schedule for the project use only
and in conformity in all respects with the provision of the Contract.
The CONDITIONS of the Agreement are:-
1. The contractor shall open and maintain a separate ledger account (to be
filled with this agreement) through which the Contractor's receipts and
disbursements of the advance payment shall be channeled,
2. Any amount of money from the account shall be withdrawn with the dual
signature of both the Employer and the Contractor,
3. The Contractor is required to submit a detailed advance payment
disbursement schedule in strict compliance with this agreement for the
Bidding Document, Section IX: Form of Advance Payment Disbursement Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 12
Engineer’s review and/or approval.
4. The disbursement schedule shall be prepared in compliance with the
following approach.
A. Payment for purchase of plant, equipment, materials, engineer’s
facilities, etc.
i. 50% of the total advance payment shall be utilized for
purchase of plant, equipment, materials, engineer’s facilities,
etc.
ii. Payment for purchase of such plant, equipment, materials,
engineer’s facilities, etc. shall be made by ERA to the supplier
on behalf of the Contractor. This is subject to submission of
legal documents by the Contractor and approval by the
Engineer.
iii. Such payment shall be made in a minimum of two and a
maximum of five installments provided that a single
installment shall not be more than 30% of the total advance
payment.
iv. Upon request by the Contractor and subsequent approval by
the Engineer, payments to be made by ERA, at a time, to the
respective suppliers shall not be less than:
a.
ETB 1.0 million for Cement
b.
ETB 1.0 million for Reinforcement Bar
c.
ETB 2.0 million for Fuel.
d.
Others with value not less than ETB 0.5 million per
single supplier.
v. Equipment, material, etc. purchased using the advance
payment pursuant to the above procedure shall not be used
by the Contractor as collateral to obtain financing from bank
or any other source, until the amount expended for the
purchase of same is fully repaid.
B. The remaining 50% of the total advance payment shall be paid to
the Contractor in four equal installments.
5. Payment for subsequent installments will be made if and only if the
Contractor provided documentary evidences for utilization of the cash
payment for the sole execution of the project in compliance with the
approved disbursement schedule; and mobilization of the purchased
material and/or equipment to the site is confirmed by the Engineer, in
writing.
However, if the Contractor failed to expend the advance payment for the
Bidding Document, Section IX: Form of Advance Payment Disbursement Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 13
project use only, the Engineer to this effect shall give him notification in
writing that the Contractor is required to rectify these failures within a
maximum period of thirty calendar-days. Having been so notified by the
Engineer, if the Contractor is unable to rectify his failures, the Engineer will
inform the Employer in writing regarding the Contractor’s failure and
improper expenditure of the advance payment. Subsequently, on the basis
of this Advance Payment Disbursement Agreement, the Employer may
deduct equal amount from any payment to be due to the Contractor, and
also take any administrative measures including exclusion from
participation from future projects. In the absence of such possibilities the
Employer may follow any legal action against the Contractor to recover the
improperly utilized advance payment.
Agreement Consideration
The Employer hereby covenants to pay the Contractor in consideration of
the Advance payment. In witness whereof, the parties hereto have caused
their respective common seals to be hereunto affixed and have hereunto set
their respective hands and seals the day and year first above written.
For and on behalf of Ethiopian Roads Authority
_______________________________
[Authorized representative]
In the presence of ________________________________
In the capacity of _________________________________
In the presence of _________________________________
In the capacity of _________________________________
For and on behalf of _________________________________
[The Contractor]
_______________________________
[Authorized representative]
In the presence of _________________________________
In the capacity of _________________________________
Bidding Document, Section IX: Form of Advance Payment Disbursement Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 14
In the presence of _________________________________
In the capacity of _________________________________
Bidding Document, Section IX: Form of Advance Payment Disbursement Agreement
Addis Ababa – Gohatsion Road Upgrading and Overlay Project,
Contract 3: Fiche – Gohatsion Road Overlay project (km 102+000 – 177+147) Ethiopian Roads Authority IX - 15
MONTH
Unit
Ite Description Unit Quantity Price Value Remark
m (Birr) (Birr) 1 2 3 4 5 6 7 8 9 10 11 12
No.
1 Mobilization
- Camp etc.
2 Material
3 Equipment
- Rent
4 Salaries and Wages
5 Etc, ...
Bidding Document, Section IX: Form of Advance Payment Disbursement Schedule
