Contract Amendment
Between
Tigray Water Works
Study, Design and
Supervision Enterprise.
And
Abebe Girmay Building
contractor
For
Laboratory Building Partial
Finishing Works, Temporary
Fence, and Temporary Dry-
pit Latrine Works
Contract Amendment Agreement
Page 1 of 6
This contract amendment is made on the 11 day of the month of May, 2024
Tigray Water Works Study, Design and Supervision Enterprise and
having its principal place of business in Mekelle, Ethiopia (hereinafter called
the “Client”), and Abebe Girmay Building Contractor having its principal
place of business in Mekelle, Ethiopia (hereinafter called the “contractor”) of
the other part, for the construction of Laboratory Building Partial
Finishing Works, Temporary Fence, and Temporary Dry-pit Latrine
Works.
WHEREAS, the parties entered into an agreement for the Construction work
of Office Buildings (B+G+6 Main office Building, Laboratory Building,
Garage, Site Works, Guard House, and Fence Works) (the “works”)
dated February 02, 2017 G.C, whereby the Public Body and the contractor
set forth their agreement with respect to the works to be executed by
contractor; and
Whereas, the procuring entity required to sign this amended contract
agreement due to:
T.W.W.S.D.S managerial decision and the direction given through letter
dated on 22/08/2016 E.C. with reference number ት.ው.ስ.ዲ.ቁ.ኢ/4147/1-
1/16
As our company has limited budget and targeted to make functional
the laboratory building to use for office purpose.
Market price fluctuation.
References for price adjustment:-
Mekelle city rate 01/05/2016 up to 30/07/2016 E.C
Market assessment data dated on 24/08/2016 E.C. attached with this
agreement.
Market assessment team:
Ato Negash Kiros………… For Sub-process unit Director
Ato Mered Niguse ..……..Project Manager
Ato Simieneh Teferi… … For Contract Administration
officer
Page 2 of 6
The contract amount 5,818,386.39 (Five Million Eight Hundred
Eighteen Thousand Three Hundred Eighty Six and 39% ETB) is
amended based on the above point and in accordance with the amended
agreement. The client shall allocate and make available to the contractor in
total 4,000,000.00 (Four Million ETB), and the remaining amount
1,818,386.39 (One Million Eight Hundred Eighteen Thousand Three
Hundred Eighty Six and 39% ETB) will be payable while the client
reimbursing the main contract.
NOW THEREFORE, the parties hereby agree as follows:
1. The Agreement
1.1. In this Agreement words and expressions shall have the
same meanings as are respectively assigned to them in the Conditions of
contract referred to.
1.2. The following documents shall constitute the Contract between
the Public Body and the Contractor, and each shall be read and
construed as an integral part of the Contract:
I. Contract Amendment Agreement, including all appendices,
annexes and tables, described in the main agreement.;
II. The Amended Special Conditions of Contract clause
III. The General Conditions of Contract PPA 2011;
IV. Original Contract Bill off Quantity & price schedule;
V. Original Contract document, including all appendices;
1.3 This Contract shall prevail over all other contract documents. In the
event any discrepancy or inconsistency within the Contract documents, then
the documents shall prevail in the order listed 1 above.
1.4 In consideration of the payments to be made by the public body to the
Contractor as herein after mentioned. the Contractor hereby covenants with
the public body to carry out the Works and to remedy defects therein in
conformity in all respects with the provisions of the Contract.
1.5 The public body hereby covenants to pay the Contractor in
consideration of the provision of the Works and the remedying of defects
therein, the Contract Price or such other sum as may become payable
under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
Page 3 of 6
1.6 Except as set forth in this Amendment, the Original Agreement is
unaffected and shall continue or may be terminated the entire contract
agreement in accordance to the legal approach for any dispute to be made
in the past construction progress and effect in accordance with its terms.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract
Amendment to be signed in their respective names as of the day and year first
above written.
SIGNED for and on behalf of Client SIGNED for and on behalf of
Contractor
Signature: Signature:
__________________
Name:
Name:______________________
Position:
Position:___________________
Date:
Date:______________________
Witnesses on behalf of client Witnesses on behalf of
contractor
Name & Signature Name &
Signature
1. 1.
_____________________
2. 2.
____________________
3. 3.
___________________
Page 4 of 6
GCC
Clause Section 8. Special Conditions of Contract
Reference
A. General Provisions
GCC 1.2 The Contractor is: Abebe Girmay Building Contractor.
(g) The consultant is: Tigray Water Works Study, Design and Supervision
Enterprise
E. Payments to the Contractor
GCC 60.2 Payment upon material on site shall be 100% delivery of the materials listed
in the Annex-A (materials needed for the project), and the amount of the
payment shall be: 70% of the total cost for material on site; refer Annex-A
(Materials needed for the project) as per the Engineer approval and order,
with VAT. It will be paid to the contractor not later than 5 days.
The advance payment Securities are: ……………………
The Contract is subject to Price adjustment for the work needed for execution
of the intended function only.
GCC 62
- If there is any error or change in price adjustment, for the formula only
correction will be done.
Arrangements for interim payments shall be the following: 100% accomplishment of
GCC 64.1
this agreement
F. Performance of the Contract
GCC 71.1 The contractor shall commence the suspend project after re-mobilization
period
GCC 72.1 The contractor shall complete the intended work within 1 month.
Re-mobilization period shall be 10 calendar days after signing of this contract
Page 5 of 6
GCC
Clause Section 8. Special Conditions of Contract
Reference
amendment.
The contractor shall carry out the works in accordance with the Program of
GCC 72.2
implementation of tasks (Crushed schedule) submitted by the contractor and
approved by the consultant and complete the work by the intended completion date,
if the contractor fails to carry out the work by its intended time, price adjustment
shall not be applicable for the specific delay
Annex-A
List of materials needed for the project.
Annex-B
Market assessment data
Annex-C
Bill of Quantity
Page 6 of 6
