Water  Resource  Development  Authority Ethiopia
Amibara Drainage Project Consultancy Services for Construction Supervision
Financial Proposal July 1988
HALCROWW /W 7/ J
Water  Resource  Development  Authority Ethiopia
Amibara Drainage Project Consultancy Services for Construction Supervision
Financial Proposal
July 1988
HALCROWHALCROW
Consul!-ng Enijirnors
Water Resources Development Authority
P 0 Box 5673
Addis Ababa
ETHIOPIA
Sir William Halcrow & Partners Lid
Qurd^rgp Par*, Swindon,
••Vsitsl" reSN40QD, England
T^ejrt jne (0793) 012*179
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15 July 1988                        CvM HU/P/ET.19
Dear Sirs
AMIBARA DRAINAGE PROJECT 1
CONSULTANCY SERVICES FOR PROJECT CONSTRUCTION SUPERVISION
We thank you for your kind letter of 21 Nay 1988 inviting us to submit proposals for consultancy services for the first stage
of the Amibara Drainage Project. In response we have pleasure
in now enclosing seven sets of our proposals which are presented in three volumes:
Vol 1 : Finn’s Background
Vol 2 : Approach and Staffing
Vol 3 : Financial Proposal
As requested, Volume      3 is packaged separately.
We are most appreciative of the excellent arrangements made for the site visit and believe that as a direct result of this and
our in-depth knowledge of the project, we have a clear under standing of your requirements. We stand ready to clarify any aspects of our proposals and assure you of our keen interest in undertaking this work.
Yours faithfully
EWrtctewi
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1                                     QiiwinContents
1                    Summary of Estimated Costs
Consultant's Staff Charges
Reimbursable      Expenses
2                     Consultant's                Staff Charges
Staff Charge Rates
Estimated Cost of Staff Charges
3                     Reimbursable Expenses
Mobilisation
International Travel
Personal Effects Baggage Costs
Airfreight of Equipment and Excess Baggage Office and Field Equipment
Staff Accommodation and Subsistence Printing Costs
Training Equipment Communications Laboratory Tests
APPENDIX
Draft Contract AgreementSummary of Estimated Costs1 . SUMMARY OF ESTIMATED COSTS
The summary given below is based on a 50 month duration of services with 1 55 nan-months of professional staff input -
ITEM
PAYMENT
BASIS
e
sterling
BIRR
Staff Charges:
Expatriate staff
LS rate
765,967
-
Reimbursable Expenses:
1.     Mobilisation
LS rate
8, 400
2.
Personal Effects.
LS rate
10.350
-
3.
Airfreight of Equipment & Excess Saggage
Actuals
17,830
*
4.
Staff Accommodation & Subsistence
LS rate
-
53,200
s.
Printing Costs
Actuals
4,000
-
6.
Training Equipment
Actuals
1,500
-
7.
Communicat ions
LS rate
15,000
-
8.
Laboratory Tests
Actuals
5,000
-
Estimated totals
827,947
53,200
The above excludes the costs associated with the provision of international air travel,  office and staff accommodation,  office and field equipment,  use of WRDA communication facilities,  purchase and running  of vehicles,  local staff and all their associated costs and price escalation.Consultant’s Staff Charges2. STAFF CHARGES
2.1 STAFF CHARGE RATES
The following  staff charges are applicable to  30  June 1969  and would be revised with effect from 1  July  1969  and each 1  July  thereafter in accordance with the United Kingdom official publication entitled "Employment Gazette",  Table 5.1,  Average Earnings Index  for all employees in mam industrial Sector,  Whole Economy  seasonally  adjusted column.
STAFF MEMBER
POUNDS STERLING/MONTH
. . . IN LfK
. . , IN ETHIOPIA
D F J Neville
5600
6133
J D Fyvie
5250
5750
R K Sewemiak
4191
4590
J G Pike
5250
J Marsden
5850
3564
3903
G M Covington
4583
5183
V C Copeland
5277
C M R Pastakia
5735
7857
8457
D W Rycroft
9821
H G Johnson
10421
9870
A R Key
9870
4614
S Barton
5053
7560
ARP Spencer
7560
5103
5103
A breakdown of the above rates is given overleaf.BREAKDOWN OF HAICROV PERSORREL STAFF CHARGE RAFES
(Pound* Sterling}
12
3
4
5
6
f69
NAME
BASIC SALARY          SOCIAL CHARGES      OVERHEAD        SUB-TOTAL         FEE              BASIC RATE    OVERSEAS ALLOWANCE    AGREED FIXED         FIXED RATES
PER MONTH
(X OF 1)
(X OF I)
(1*2*3)
(X OF 4)
(4+5)
(X OF 1)
HATE/MONfH
AS X OF 1
36 561
137 48X
15. OX
30 OX
D 1 J Nevi 1le
Ifft
650
2443
4070
730
5600
533
6133
34 5X
J D Fyvie
L EEE
609
2290
4665
605
5250
500
5750
345X
R A ScKL-rntak
1330
486
182B
3644
547
4191
399
4590
345X
J Narsden
113]
413
1555
3099
465
3564
339
3903
345X
H G Johnson
3132
1145
4306
8583
lit)
9670
■
9670
315X
A R Key
1464
535
2013
4Q1Z
602
4614
439
5053
345X
ARP Spencer
1619
592
2226
4437
666
5103
■
5103
315X
* Overseas allowance not included for visit* of less than one month
//M uw b
BREAKDOWN DE HALCBW CONSUL TAUT 5TAFF CHARGE RATES (Pound! St*rTingJ
1
NAME
BASIC SALARY
PER HOirTH
2
SOCIAL CHARGES
3
OVERHEAD
(X OF I)
4
SUB-TOTAL (1*2*3)
5
FEE
(X OF 4)
6
BASIC RATE
7
OVERSEAS ALLOWANCE
B
AGREED FtlED
9
FIXED RATES
(X OF I)
(4*5)
RAJE/MOHTH
AS % OF 1
89 77
15-DX
3 tZO/DAV
G H Covingion
2100
1005
3935
593
4533
600
5133
247X
C M A Pistakia
S6DD
-
3232
6B32
1025
7357
600
3457
235X
Dr D W fiycrofl
4500
*
4040
8540
12S1
9B?J
600
10421
Z32XBREAKDOWN 01 IIALCROU-ULG PERSONNEL STAFF CHARGE RATES
(Pound» Sterling)
NAME
1
BASIC SALARY
2
SOCIAL CHARGES
3
OVERHEAD
4
SUB-TOTAL
5
FEE
6
BASIC RATE
7
OVERSEAS ALLOWANCE
a
AGREED FIXED
9
FIXED RATES
PER MONTH
(X OF 1)
33.6%
(X OF
167.3%
l|
[1+24JJ
(X OF 4)
15.UX
(Oil
RATE/MONTH
AS X OF 1
30X
V C Cope 1 and
1525
512
2551
45B9
683
5277
4 SB
5715
W6XI
BREAKDOWN OF HAICKOU ULG CONSULTANT STAFF CHANGE RATES {Pound* Sterling)
1
NAME
BASIC SALARY
2
SOCIAL CHARGES
3
OVERHEAD
4
SUB-TOTAL
S
FEE
6
BASIC RATE
7
OVERSEAS ALLOWANCE
0
AGREED FIXED
9
FIXED RATES
PER MONTH
(% of n
(X OF 1)
(1*2*31
(X OF 4)
(4*5}
RATE/HONTH
AS X OF 1
-
02.6%
15.0%
at LZO/day
5 Barton
3600
2600
2974
6574
986
J G Pike
2065
A 565
605
7660
5250
600
7560
5850
210%
234%
‘Overseas allow
ance not include
d for visits of les
s than one mo
nth
I2.2        ESTIMATED COSTS OF STAFF CHARGES
The following  estimate has been prepared on the basis of the fixed rates given m Section 2.1  and the estimated inputs given in the Manning Schedule:
STAFF MEMBER
RATE
(E/mcnth)
ESTIMATED
INPUT
(month)
AMOUNT
(£)
D F J Naville
6133
10.0
61,330
J D Fyvie
5750
35.5
204,125
R K Sewemiak
4590
15.0
68,850
J G Pike
5850
13.5
78,975
J Marsden
3903
22.0
85,866
G M Covington
5183
6.0
31,098
V C Copeland
5735
10.0
57,350
C M R Pastakia
8457
7.0
59,199
0 W Byeroft
10421
3.0
31,263
H G Johnson
9870
3.0
29,610
A R Key
5053
4.0
20,212
S Barton
7560
3.0
22,680
ARP Spencer
5103
3.0
15,309
Estimated  total
765,867
Where    appropriate    and    as    necessary,    work    may    be    undertaken    in    UK    in which case the UK rates given in Section 2.1 would appLy.Reimbursable Expenses3. REIKBORSAHLZ EXPENSES
3.1 MOBILISATION
Cost of mobilisation of staff and accompanying  family  members to  cover costs of travel to/from airports,  visas,  medical examinations, innoculations, en route expenses and flight insurances.
Costs   to   be   charged   as   a   lump   sum   per   round   trip   at   time   of   outbound
journey at the following rates:
Staff member
Wife
Child
From the staff schedule, i.e. £8400.00
£150
E1 50
E 75
allow equivalent of 56 full mobilisations,
3.2 INTERNATIONAL TRAVEL
It     is     noted     that     WRDA     will     provide     economy     air     tickets.     The     total number required is estimated to be equivalent to 56 full returns,
3.3        PERSONAL EFFECTS BAGGAGE COSTS
Halcrow standard staff conditions permit employees travelling  on an extended basis to  take 200  kg  of personal effects with them plus 100 kg for their wives and SO kg per child.
Freight Category
weight
(kg)
Air freight                                     1200
Return rate
(E/kgi           A
7.50 /
Allow 151 for  crating and insurance
Amount
£
9000.00
1350.00
'0350.003.4        AIR FREIGHT OF EQUIPMENT AND EXCESS BAGGAGE
Allow for the air freight of equipment and documents for use on the project,  say  1000  kg  at £7.50/kg  return rate plus 151  for crating  and insurance, total allowance £0625.00,
Allow      additionally      for      10      kg      of      excess      baggage      per      staff      member flight, say, 600 kg at £15.34/kg return rate, total allowance E9205.
Overall allowance for air freight and excess baggage is £17830,00.
3.5        OFFICE AND FIELD EQUIPMENT
The      Consultant’s      requirements      for      office      and      field      equipment      are      set out in Section 4 of Volume 2 of this proposal.
Should WRDA require the Consultant’s to purchase any equipment outside
of Ethiopia, the Consultant's would require reimbursement of the
purchase, freight, packaging and insurance costs plus a handling fee
of 7.51 of the total cost to cover the additional administration costs
for arranging this. A minimum handling fee of £30,00 per consignment
would be levied.
3.6        STAFF ACCOMMODATION AND SUBSISTENCE
It     is     noted     that     WRDA     will     provide     expatriate     staff     accommodation     free
□f     charge.     On     the     assumption     that     this     would     be     on     a     "room     only" basis the following lump sum per diems would be required:
(i)  Staff resident in hotels
(ii)     Staff in Addis Guesthouse
(iii) Short-term staff with inputs
of less than 1 month
anywhere xn Ethiopia
Birr 70/night
Birr 35/night
Birr 70/night
Estimates of the
follows:
Category
numbers of nights applicable to each category are as
Rate
Nights
tij                            70                            350
(ii)
(iii)
Amount
24,500
35
70
400
210
14,000
14,700
Estimated Total, Birr
53,200
3.7 PRINTING COSTS
Reports and drawings would be reproduced using  the photocopiers and dyeline printers requested on WRDA in Section 4  of Volume 2.  We recommend a  further allowance of £4000  is made for additional artwork, specialist materials,  photographic reproduction and report reproduction in our UK office as required is made.3.8        TRAINING EQUIPMENT
Much of the training  material,  programs,  videos and slides are available ■within our head office arid would be provided at no  cost other than, where appropriate, reproduction and carriage charges ,
A     further     provision     of     £1500     is     recommended     to     cover     the     cost     of     | providing audio visual and ancillary equipment in Addis or on site.
3.9         COMMUNICATIONS
It    is    noted    that    WRDA    will    provide    free    of    charge    radio    communications between Addis and Site and an international telex facility
To  cover the further cost of postage,  courier packages,  international phone calls and outgoing  telexes from our Head Office we would require a  lump sua  reimbursement of E300/month duration of the services. Estimated total charge would be £15,000.00.
3.10       LABORATORY TESTS
Provisional allowance for laboratory  tests in UK and elsewhere outside of Ethiopia  of soil,  water,  volcanic ash and other materials,  allow £5000.00.
3.11       PRICE ESCALATION
Lump sum rate items listed above including those for mobilisation, personnel effects and baggage costs, subsistence allowances and communication costs are set at rates valid to 30 June 1989. Thereafter pound sterling rates would be adjusted m line with staff charges. Local currency lump sum rates would be increased in line with an inflation factor to be mutually agreed.AppendixINTERNATIONAL GENERAL RULES OF AGREEMENT
BETWEEN
CLIENT & CONSULTING ENGINEER FOR DESIGN AND SUPERVISION OF CONSTRUCTION OF WORKS
In rho preparation of the Internaiionai General Rules  it was  recognized ma! while there were numerous  Clauses  which would be universally  applicable, lharo were some Clauses  wmcn must necessarily  vary  to taka account ol the circumstances and focality  m which the Services  would be carried out. The Clauses  of universal application have been grouced together and are referred to as  3art 1 •  Standard Conditions. They  have been printed in a form which will facilitate inclusion iwithout further reproduction) m the contract documents
The Standard Conditions  nrn linked with the Conditions  of Particular Application* relerred to as  Part II, by  the consecutive numbering of the Clauses, so that Parts  I ana II together define the rights and obligations of the parties.
The  Clauses  In  Part  II  must  be  specially  drafted  to  meet  the  requirements  of  each particular Agreement.
For explanatory  notes  which may  be of assistance to those drawing up Agreements, reference should be made to the publication ’Guide to the Usa at Indeoendent Con sultants for Engineering Services , published by FIOICIGRA-1979D&S
INDEX
1. Interna Hone I Model Form of Agreement
2 Mlemiliona! General Rules ol Agreement Part I - Standard Conditions
General Provisions
Clause Page
5
7
21
Scope of Services
21,1
7
Relationship between the Parties
21 2
7
Language's and Law
2.1.3
7
Changes m Legislation
21.4
7
Definitions
21.5
7
Headings
21.B
6
Notices
2.1.7
a
Commencement Completion. Alteration and Termination
of the Agreement
22
Agreement in Force and Authored Signatories
22 1
9
Commencement Date
222
9
Completion Dale
223
9
Alterations
22.4
9
Assignment
22 5
9
Death of the Client
22 6
9
Partnerships - Additions and Withdrawals of Partners
22.7
9
Sub-Contracts
22 0
10
Postponement of Services (a| 3y notice ol the Chen!
229.1          10
I bl Force Majeure                                                                                             22 92          w (c) Entitlement ol the Consulting Engineer                                                       22 9 4          to
Termination ol Services.
(a) By nobce ol the Client                                                                                  2291          10
(b) Default by the Client                                                                                    22 93          10
(c) Entitlement of me Consulting Engineer                                                      2 2 9 4         10
{di Inability oi an Individual Consulting Engineer to Perform 22 9 5 It
(e. Dfltauh by the Consulting Engines*
229.6         11
(f] Claims for Delauh                                                                                         2297          11
(g) Rights and Liabilities of Parties
The Rights and Duties ol the Corwullmg Engineer
2 2,98         11 2.3
Skill, care ana diligence 23 1 12
Faithful advise' 231 12
?IGRA -1979 D&S
Clause Page
INDEX - conlinuwi
The Rights and Dulles of lh» Consulting Engineer (coni.)
Professional slandards                                                                                         23 1               12
Observance of laws and customs
23 1
12
Indirect payments
2 3.2
12
Royal lies
2,3.3
12
Provision ol expert technical advice and skill
2.3.4
12
Provision of additional services
2 3.4
12
A He ration 5 1o design
2,3 5
12
Issue ol Miimananco Certificate
2.3 6
12
Issue of Payment Certificates
2.3,7
13
Copyright
2-3-3
13
Ownership of equipment and materials
2.3.9
13
Publication of articles
23.10
13
Liability Of the Consulting Engineer
24
Financial liability ol the Consulting Engineer
2.4.1
14
Expiry of (he liability ol the Consulting Engineer
24 2
14
Liability for patents and copyrights
24 3
14
Third party 4nsurance
24.4
14
Insurance ol Client s equipment
24.4
14
Restriction of liability
2.4.5
14
Damage resulting Irom acts Dy Client, Contractor or Supplier
2.4 6
14
Obligations ol the Client
25
Furnish data and Information
25.1
15
Decisions within rensonabte time
25.1
15
Aid 10 Consulting Engineer his oersonnol and iheir dependents
25.2
15
Cuitcms cScaronco
25.3
15
Compensation 'or taxes, duties and levies
2.5 4
15
Equipment supplied by Client 25 5 16
Dalny in obtaining equip mon (/facilities from Client 2 5 6 16
Nan-supply of aquipment/facillties by Client Counterpart personnel
2 5.7             16
2 s.a
IB
Services of others 259 16
34HI*menI ol disputes 26 1 17
Personnel
Silo stall
Engineer’s ropresentahue
2.7
2.7 T             18
27.2              18
Aoplacumcnr of spectlied jorsonnui                                                                     273
IB
Client's individual experts                                                                                    27 4              18
3IGRA-1979D&S
Clause Pago
INDEX - continued
Remuneration or lhe Consulting Engineer
26
Specification of remuneration
29.1
19
Remuneration for additional work
2-9 2
19
Additional remuneration tor delays
293
19
Additional remuneration for extra work resulting from causes
beyond the control ol the Consulting Engineer
2 94
19
Lump sum escalation provision
29.5
19
Payments to the Consulting Engineer
29
Specification of payments to be made
2-9,1
20
Penalty (or (ale payments
2-9-2
20
Items in dssouta
29.3
20
Repatnanon of monies
2.9.4
20
Exchange rates
2 95
20
Audit of accounts
299
20
3    International General Rules of Agreement
Part II - Conditions of Particular Application
Language s and Law
2.13
21
Notices
21.7
21
Authorized Signatories
2.2.1
22
Commencement Date
2.22
22
Completion Date
222
22
Financial Liability ol lhe Consulting Engineer
24 t
22
Exp»ry of the □ability of the Consulting Engineer
24 2
22
Settlement ol Disputes
261
23
Client’s individual Experts
27.4
23
4    Appendix A
Scope of Services
25
5    Appendix B
Assigned Specialists Personnel. Equipment and Facilities 
to be provided by the Client
27
6    Appendix C
Remuneration and Payment
29
4INTERNATIONAL MODEL FORM OF AGREEMENT
BETWEEN
CLIENT AND CONSULTING ENGINEER FOR DESIGN AND SUPERVISION OF CONSTRUCTION OF WORKS
THIS AGREEMENT (hereinafter, together with rhe international General Rules  of Agreement (Parts  I and II) ano the Appendices  and all the documents  annexed hereto and forming an integral part hereof, called the Agreement')
made In duplicate the     day of
in iho year Nineteen Hundred and ________________________________________________ between WATER RESOURCES DEVELOPMENT AUTHORITY_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
of People's Democratic Republic of Ethiopia
of Q Box 5673,, Addi.s Ababa, Ethiopia_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
hereinafter called 'the Cllenf of the on# part
and SIR WILLIAM HALCROW A PARTNERS LlMI TED ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
at Burderop Park, Swindon 5N4 OQD, United Kingdom_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hereinafter called 'the Consulting Engineer of the other part.
WHEREAS   the   Client   Is   desirous   that   engineering   services   be   renoarc-d   for   the following project:
(brief description)
The Construction Supervision of
Stage 1.
the Amibara Drainage Project,
5NOW  THESE  PRESENTS  WITNESS  and  il  is  hereby  agreed  and  declared  by  and between the parlies hereto as follows:
The Client hereby  appoints  the Consulting Engineer an<3 the Consuming Engineer acccots  the aopomtment on the conditions  as  laid down in the international General Rules  or Agreement (Parts  I and ll| and Appendices  anneied hereto and mode n pan hereof
Appendlx A Scope ol Services
Appendix   B   Assigned   Specialists.   Personnel.   Eouioment   and   Facilities   to   be provided by the Client
Aopendix C. Remuneration ano Payment In  witness  whereof  the  parties  sign.
Ihe Client
the CooMilUng Engineer
place ol signature
piece ot signature
*
6INTERNATIONAL GENERAL RULES OF AGREEMENT D&S
PARTI
STANDARD CONDITIONS
Z1                  GENERAL PROVISIONS
2.1.1             Scop* of Servlets
Bib services  te be performed by  the Consulting Engineer under Ibis  Agreement (hereinafter called the Services  | relating to the works  to bo constructed (herein after called the Works  ) are described in lhe Scope of Services  set terth in Appen dix A.
2-12              R*l*llonihlp between lhe Parties
Nothing  contained  herein  shall  oe  construed  as  establishing  or  creating  a  relation ship ol master and servant or principal and agent
2.1 3             Language/* and Law
There  shall  be  stared  m  Part  II  of  these  international  General  Rules.
|.a) the language or languages in which the Agreement shall bo drawn up,
(b]     the  language  according  to  which  lhe  Agreement  is  te  be  construed  and  inter preted. designated ihe ‘Ruling Language
(c)    lhe country or slate the law of which is to apply to lhe Agreement and according lo which the Agreement ig to be construed
2 1.4             Change* In Legislation
II  m  the  couniry  m  which  the  proiect  is  being  carried  oui  there  should  occur,  sub sequent  te  the  date  of  this  Agreement,  changes  to  any  National  or  Slate  Statute. Ordinance.  Decree  or  other  Law  or  any  rogulalion  or  by-law  or  any  local  or  other duly  constituted  authority,  or  the  .ntroductlon  or  any  such  Stare  Statute,  Ordinance Decreo  Law  regulation  or  by-law  which  causes  additional  or  decreased  cost  to  the Consulting  Engineer  m  bho  performance  of  hi*  services,  such  additional  or  teduced cost  shall  be  ea^d  by  or  credited  to  the  Client  and  lhe  agreed  remuneration  adjusted accordingly.
2.1 5             Dellnlilons
Words  importing the singular only  also include the plural and lhe masculine includes the teminme and vice-versa whore lhe conteit mam res  The word dnyr/ denotes calendar days
72.1.6
Headings
The headings in these International General Rules of Agreement (Paris I
and 11) shall
not  be  deemed  lo  be  pan  thereof  or  be  lafcen  into  consideration  in  the  rnterpratallon or construction thereof or ol the Agreement
2.1.7              Notices
All  notices  under  this  Agreement  will  be  given  in  writing  and  will  be  deemed  to  have been given if delivered by one ol the following means:
- personal delivery to the designated representative ol each o! the Parlies.
- by telex;
-by telegram;
- by registered post
al the specific designation ol the Parties as set fonh in Part II ol this Agreement.
32.2
COMMENCEMENT. COMPLETION. ALTERATION AND TERMINATION
OF THE AGREEMENT
2 It
Agreomenl in Force
Th*   Agreement   is   considered   to   have   com®   into   force   immediately   all   th-   necuwary signatures as stipulled in Part II of this Agreement have been appended..
212                Commencement Dale
Thn   Consulting   Engineer   shall   commence   the   Services   within   the   period   slated   m Part 11 ol this Agreement.
123                Completion Data
The  Services  shall:  be  completed  within  (he  period  staled  m  Part  JI  Of  tms  Agreement or as alternatively agreed in writing between both Parties.
124                Alterations
Should circumstances  arise which call for modifications  of the Agreement these may be made by  mutual consent grven in writing. Proposals  in this  respect irom one party shall be given due consideration by the other party.
2.2.5              Auigrunent
The Consulting Engineer shall not. without the written consent of Ihn Client, assign the benefits, other than the assignment of any  monies  due ar to become due under this Agreement
The   Consulting   Engineer   shall   not.   without   the   written   consent   of   the   Client,   m   any way assign ar transfer lhe obligations of this Agreement or any part thereof.
2 26               Death or the Client
The  Agreement  shall  not  be  dissolved  by  the  death  or  demise  of  the  Client,  His  rights and obligations shall pass to his successors.
217                Partnerships
(i)   Addition of Partnar(s)
Should the Consulting Engineer be a partnership ang at any  time fake an additional partner or partners  he or :hey  shall thence bu deemed to De included in the expres sion the Consulting Engineer
(ii)   Withdrawal of Partners)
Should   the   Consulting   Engineer   bu   a   partnership   the   Agreement   shall   not   fee solved by the death or withdrawal of one or more mairiED-ers ol the partner ship
92.2.0              Sub-Con tracts
Any  sub-contract or modification or termination thereof relating to the performance ol the Services  by  the Consulting Engineer shall be made only  with the advance written agreement ol the Client
229                Postponement and Termination
2.2,9.1           By Notice of the Client
The Client may  by  written notice to the Consulting Engineer at any  time give prior notice ol his  intention to abandon the Services, in whole or in oart. or terminate this Agreement. The effective date of termination of Ihis  Agreement shall not be lass than sixty  (GO) days  alter receipt of such notice, or such other shorter or longer period as  may  be agreed between the Parties. Upon receipt of such notice the Con sulting Engineer shall take immediate steps  to bring the Services  to a close and to reduce expenditures to a minimum
22.9.2           Force Manure
The Consulting Engineer shall promptly  notify  tho Client, m writing, of any  situation or event arrsing from circumstances  beyond his  control and which he could not reasonably  foresee which makes  it impossible for the Consulting Engineer !□ carry out m whole or in part his  obligations  under this  Agreement. Upon the occurrence of such a situation or event the Services  shall oe deemed to be postponed for a period ol time equal to that caused by  the Force Majeure ano a reasonaofe period not eaceecmg one (l] month io remcbdize for the continuation of the Services.
2 29.3           Default by the Client
The  Consulting  Engineer  may  by  written  notice  to  tho  Clieni  terminate  this  Agree ment:
(I)  if  he  has  not  received  payment  of  that  part  o1  any  invoice  which  is  not  contested within sixty (601 days of submission thereol.
fii)  rl  the  Services  have  been  postponed  as  provided  tor  in  Clause  22.9  2  and  the period of postponement has exce-eaed six <8| months.
22.9.4            Entitlement of ComulUng Engineer upon postponement or termination
Upon  postponement  of  the  Services  or  termination  of  thrs  Agreement  under  Clause 2  2  9-i,  2.2.9  2  or  2.2.9  3  and  subject  to  the  obligation  of  the  Consulting  Engineer  to reduce  expenditure  to  a  minimum  as  stated  in  Clause  22.9.1.  the  Consulting  Engi neer  shall  be  entitled  to  receive  the  remuneration  due  up  to  lhe  effective  date  ol postponement  or  termination  and  reimbursement  in  *ull  for  such  of  me  costs  speci fied  »n  Appendix  C  as  snail  nave  been  incurred  prior  to  the  effective  cate  of  such postponement  or  termination  and  lor  aft  costs  incidental  to  the  orderly  termination o!  the  Services,  including  return  trave<  of  the  Consulting  Engineer's  personnel  their dependents and effects.
102 2 9 5. Inability of an Individual Consulting Engineer to Perform
Should rhe Consulting Engineer be an individual person and, for any reasons beyond his  control and which he could not reasonably  have foreseen and for which ho la not responsible, be unable to perform n»s  obligations under the Agreement or n.ivo it performed entirely, me Agreement terminates  without prejudice to the accrued rights of either parry against the other.
The Client shall In that case pay  the Consulting Engineer or his  Successors  and Assigns  upon surrender of lhe documents  necessary  for the continuation of the Services, m so far as they are available, such part ol the remuneration as corresponds to the slate of the Services  under the Agreement including any  reimbursable costs 
□nd  those  termination  costs  (if  any)  ensuing  for  the  Consulting  Engineer  or  his Successors   and   Assigns   from   contracts   already   entered   into   in   respect   of   the Agreement.
2_2.9 6 Default by the Consuming Engineer
The Client shall notify the Consulting Engineer. In writing, if he considers that lhe Consulting Engineer is not discharging his obligations under this Agreement, stating
lhe reasons therefor. In the event that the Consulting Engineer does not respond to such notice within fifteen (15) days the Client may deem the Agreement lorminated
In this event the Consulting Engineer shall be entitled to receive the remuneration
due for services rendered up to the date of notification o! default and reimbursement
m full for such of the costs specified m Appendix C as snail have been properly in
curred prior to the date of notification of default.
2 2.9.7 Claims for Default
Any  claim for damages  arising out of default and termination shall be agreed be tween the Chent and the Consulting Engineer or. failing agreement, shall be referred to arbitration in accordance wilh Clause 2 5 of this Agreement
2-2 9 8 Rights and Llabilitiea of Parties
Termination  of  this  Agreement,  for  whatever  reason,  shall  not  preiudice  or  aflec!  the accrued rights or damn and liabilities of either partv to thus Agreement2.3                THE RIGHTS AND DUTIES OF THE CONSULTING ENGINEER
The Consulting Engineer shall exorcise all reasonable skill, care and diligence in
ihe performnnee of the Services under ihe Agreement and shall carr^ out ah his. responsibilities in accordance with recognized professional standards.
The Consulting Engineer shall In all professional matters act as a faithful adviser to
iho Client and, In so tar as any of his duties are discretionary, act fairly as between
Ihe Client and third parties.
The Consulting Engineer, his  employees  and subcontractors, whilst in the country in which the Works are to be carried out shall respect the iaws and customs of that country
2.3.2              The  remuneration  of  the  Consulting  Engineer  charged  to  the  Client  according  to Appendix  C  shall  constitute  his  only  remuneration  in  connection  with  the  Agreement and  neither  he  nor  ho  personnel  shall  accept  any  trade  commission,  discouni,  alio- wancc  or  indirect  payment  or  piner  consideration  in  connection  with  or  In  relation 10 the Agreement or lo the discharge of his obligations thereunder.
2.3.3              The  Consulling  Engineer  shall  nol  have  the  benefit  whether  directly  or  Indirectly, ol any royally on or of any gratuity or commission In respect of any patented ar pro- teciea article oi process used on or Tor the purposes of the Agreement unless it is mutually agreed In writing 1 hal he may.
2 3 4            The Consulting Engineer will provide all the expert technical advice and skills which
are normally  required for the class  of services  tor which he is  engaged. Where specialist technical advice or assistance is  required, oeyond that committed under the Scope of Services  in Appencii A, the Consulting Engineer may  with the snor written agreement of ihe Client arrange for the provision of such services The Client shall pay for all such, services.
However,  ihe  Consulting  Engineer  shall  retain  full  and  unseverable  responsibility  tor all Ihe Services which be is committed '□ render under this Agreement.
2.3.5             The Consulting Engineer, when in charge of the supervision of Works unoer con
struction. shall have authority  1 10 make minor alterations  to design as  may  oe necessary  or expedient, bul he shall obtain ihe prior approval of ihe Client 1o any 5uosianiial modificatron of the design and costs  of ihe said Works  and to any  in struction 1o a Contractor which constitutes  a major variation, omission or addition to ihe tatters Contract, In the event of any emergency, however, which in the opinion of the Consulting Engineer requires  immediate action in the Client’s  interest the Consulting Engineer shall have authority  to issue such orders  as  required on behalf
□I and at the expense of Ihe Client
The Consulting Engineer must inform the Client immediately  of any  orders  issueo without prior consent which will result in additional cost lo the Client and tollow up such advice as soon as possible witn an estimate o1 the provable cost.
236               When the Consulting Engineer snail determine that an integral par: of ine Works
has  peen completed, which ine Consulting Engineer deems  rs  capable of being ac cepted. the Consulting Engineer shall give forty-eight [481 hours  prior written notice to ihe Client that such integral pari is ready For tests,
Such tests shall bo carried out under trie supervision of the Consulting Engineer. Upon completion 01 such tests the Consulting Engineer shall execute a Maintenance Certif.caie recommending acceptance io ihe Client Minor deficiencies shall nd
aeiav accepiance ano the Cliem snail lake me completed works under care Custody and control
Tmj C Jose shDurn be rtflecten -n ihe tarnrat! beiw«n
the Cl<nl ar a Contractor
122.3.7
236
239
2 3.10
The Consiltllng Engineer shall not tie the medium a? payments  made on oehalf ol lhe Client to Contractors  and/or Suppliers  unless  specifically  io requested oy  Iho Client He will, however, issue certificates lor such payments.
The copyright of all design documents  prepared by  the Consulting Engineer in connection wilh the Agreement rests  with the Consulting Engineer. The Client shall not ba entitled either directly  or indirectly  so make use ol these documents  for the carrying out of the Services  other than under lhe supervision of the Consulting Engineer and/or ol any  additional or similar Services  without prior approval ol the Consulting Engineer which shall not be unreasonably withheld
Notwithstanding the above, m the event that lhe Consulting Engineer is  in default under this  contract as  provided in Clause 2.2 9d the Client shall not be limited nor require prior approval ol the Consulting Engineer in using or providing such docu ments to other pedons to complete ihe performance of the Services.
Equipmeni and materials  furnished to the Consulting Engineer by  the Client or purchased by  the Consulting Engineer with funds  wholly  supplied or reimbursed by lhe Client shall oe ihe property of the Client and shall De so marked.
Upon completion or termination of the Services  the Consulting Engineer shall fur nish lo lhe Client inventories  of lhe equipment and materials  referred Jo above as  it then remains and dispose ol same as directed by the Clienl,
The Consulting Engineer shall have the right subject to the Client s  approval, which shall not be unreasonably  withheld, to publish descriptive articles^ with or without Illustrations, with respect io the Services  oither on his  own account or in conjunc tion with other parties concerned.
132.4                LIABILITY OF THE CONSULTING ENGINEER
24 1              Notwithstanding  anylhmg  herein  contained  io  the  contrary,  (he  Client  shall  indem nity  and  hold  harmless  the  Consulting  Engineer  tar  and  againsi  any  and  all  claims, damages,  expenses  or  costs  (including  those  assorted  by  third  pnrlros)  directly  or indirectly  related  lo  the  Services  to  tne  extern  that  such  claims,  damages,  expenses and  costs  exceed  in  total  the  Consulting  Engineer's  liability  as  stated  in  Part  1!  ol this Agreement
This  mdemnilicalion and bold harmless  by  th® Client shall not apply  in cases  where such claims, damages  and expenses  arise from gross  negligence or criminal action from the Consulting Engineer
24 2              The   liability   ol   ihe   Consulting   Engineer   expires   as   specified   in   Part   11   ol   this Agreement
2.4.3             The  Consulting  Engineer  shall  t>e  liable  for  any  violation  of  legal  provisions  or rights  of  third  parties  in  respect  of  oalcnls  and/or  copyrights  introduced  into  docu ments prepared by him
24 4              Unless  notice  to  the  contrary  fs  given  in  writing  by  the  Ghent,  the  Consulting  Engi neer  shall,  at  lhe  Client's  expense,  lake  out  and  maintain,  on  terms  and  conditions approved  by  the  Client,  insurance  against  Ihird  party  liability  and  against  'oss  ol  or damage  to  equipment  purchased,  wiih  funds  provided  by  the  Client,  lor  the  sole  use al  the  Consulting  Engineer  in  tne  execution  of  the  Services,  provided  that  the  Con sulting  Engineer  shall  use  hrs  best  efforts  10  maintain  ai  his  own  cost,  reasonable professional liability coverage.
245               The Consulting Engineer has no liability whatsoever tar any part Df me Works not
assigned by him or under his responsibility unless due to decisions taken and direc
tives given by the Consulting Engineer in the course of carrying out the Services
2.4.6            The  Consulting  Engineer  has  no  liability  whatsoever  for  any  damage  resulting  from any  act  of  the  Client,  lhe  Contractors  or  lhe  Suppliers  which  $  not  covered  oy  the Scope ol Services or tho Consulting Engineer's mstruclions or written advice.
1425                 OBLIGATIONS OF THE CLIENT
2 5.1
25,2
“he  Client   jhail   lurmsn   wiihaul   charge   anc  whim   a  rcaionsole  time  ah  oeninent data and information available to h.m and shall              such assistance as shall reason ably he required by the Consulting Engineer for the earn .ng out ol tus duties under this  Agreement.  The  Client  shall  give  hu  decision  on  ail  sketches  drawings,  reports, recommendnlIons  and  diner  mailers  properly  referred  to  mm  lor  dec.s.on  by  the Consulting  Engineer  in  such  reasonable  lime  is  not  tu  delay  or  drsruot  iha  perfor mance by trie Consutimg Engineer of his Services under this Agreement.
The Client shall facilitate the timely  granting to the Consulting Engineer, and any of his  personnel and, whore applicable, their tiependenis, <n respect ol the country where itie Works are io t>fl carried out of:
(j) necessary visas, licences, permits and customs clearance for entry and exit;
(lt| unobstructed access 10 all sites and locations involved in carrying out lhe
Services;
(iii)  the  privilege  of  bringing  into  the  country  reasonaoie  amounts  ol  foreign  currency tor  the  purposes  of  the  Services  or  tor  the  personal  use  ol  such  personnel  and ol  withdrawing  any  such  amounts  as  may  be  earned  (herein  by  such  personnel in The execution ol the Services:
(tv) a llrm authorization from the country’s  Central Bank  or other appropriate autho
rity   that   iha   foreign   exchange   component   of   lhe   remuneration   under   this 
Agreement
shall
be
allowed  to  be
transferr
ed
Id  the
C
onsulting  Enginee
r's 
home
country;
(v| repatriation in
Hie event
ol emergencies
.
253
The  Ghent  will
facilitate
the  clearance
through
cu
stoms 
ot
any  equipment,
ma
terials 
2.54
and  supplies  required  lor  the  Services  and  ol  the  personal  effects  of  the  Consulting Engineer's personnel.
Except when exemption has  been arranged, lhe Client shall compensate the Con sulting Engineer lor the unrecovered cost ol any  taxes  duties, levies  and other im positions  under the laws  and regulations  in ma country  where the Works  are carried out m respect ol:
fr)  any  payments  made  to  the  Consulting  Engineer  or  lhe  personnel  he  brings  Prom other countries for the purpose of carrying out ihe Servrces;
(li)  any  equipment  materials  and  supplies  brought  into  the  country  for  the  purpose ol  carrying  out  the  Services  and  which,  after  having  been  brought  into  the  coun try, will be subsequently withdrawn therefrom;
(iii)    any  property  brought  into  the  country  by  the  Consulting  Engineer  or  his  per sonnel  for  their  personal  use  or  consumption  which,  after  having  been  brought inlo  the  country,  will,  if  not  consumed.  De  subsequently  withdrawn  therefrom upon the departure of the  Consulting Engineer and his personnel
1
(iv)   any stamp and other duties payable nn documents.
IS2.5 5
The Client
personnel,
shall  make  available.  free  of  charge,
id   me
Consulting
Engineer  and
tor
the
purpo
se
of
rhe
Servi
ces,
the
equipment
and
lad
lil
ies  d
escribed
his 
in
Appendix B
256
In   lhe   ev
ent
that
the
Co
nsu
iimg
Eng
ineer
is 
delayed
in
obtaining
the
equipment
and/or  faci
lities 
set
forth
in
Ap
pend
ix  0.
he
shall
notify 
the
Client  ol
such
delay  and
shall   be   enlilled   to   appropriate   lime   extension   and   proportional   remuneration   for com pl ebon of lhe Services.
2.5.7               II the anticipated equipment and/or facilities are not forthcoming the Client and me
Consulting Engineer shall agree on how lhe alfecied part ol the Services shall be
carried out and upon a revised remuneration therefor.
2.5.8              The  Client  will  In  con/unclion  with  the  ConsuMing  Engineer  arrange  for  rhe  selection and   provision   of   counterpart   personnel   where   required,   as   indicated   in   Appendix   B hereto  Counterpart  personnel  will  be  trained  by  and  work  under  lhe  exclusive  direc tion   of   the   Consulting   Engineer   In   lhe   event   that   any   member   of   the   counterpart personnel   tails   to   perform   adequately   the   work   assigned   io   him   by   the   Consulting Engineer,   provided   such   work   assignment   is   consistent   with   the   position   occupied by  the  start  member,  the  Consulting  Engineer  may  request  lhai  he  be  replaced  and such request shall not be unreasonably refused.
If counlerpart personnel are not provided In accordance with Appendix  0. the Client and the Consulting Engineer shall agree on how me arteded part of lhe Services will be carried out and upon a revised compensation therefor
2 5.9              The  Client  undertakes  to  arrange  the  provision  of  services  from  others  in  accordance wrlh   Appendix   B   hereto.   The   Consulting   Engineer   shall   co-operate   with   the   firms and/or individuals listed in lhe Appendix.
In lhe event thal lhe Consulimg Engineer is  delayed in obtaining the services  from others  set fonh in Appendix  B he shall notify  tho Client of such delay  and shall be entitled io appropriate time extension and proportional remuneration for ccmnielion of me Services.
If the anticipated services  are net forthcoming, lhe Client and the Consulting En gineer shall agree on how the affected pari of me Services  will be earned out and upon a revised remuneration therefor
The Clieni shall hofd the Consulimg Engineer harmless  against any  lasses  or claims resulting Irom the failure of others  lo provide the services  to ce arranged by  lhe Client in accordance with Appendix B
162.6               SETTLEMENT OF DISPUTES
2 6.1            Any dispute or difference arising out of lhe Agreement, including those considered as such Dy only one of the Parties, shall be finally settled under lhe Arbrtralion Ruies and Procedures stipulated in Part II of this Agreement
The Arbitrator's decision shall be final and binding on both parties The resulting award shall be in heu of any other remedy.
The Aroitratorfs) will not be ol the nationality ot either me Client or ihe Consulting Engineer
t72.7                 PERSONNEL
217.1             The   Consulting   Engineer   shall   provide   all   necessary   silo-stalf.   Their   qualifications and  terms  cl  service  shall  be  subject  lo  the  approval  ol  the  Client,  which  approval shall not be unreasonably wiihheld.
2.72               The  Consulting  Engineer  shall  designate  an  individual  who  shall  be  responsible  on site  on  behalf  of  the  Consulting  Engineer  to  watch  and  supervise  the  construction of the Works.
2.73               Should  it  become  necessary  to  replace  any  momber  of  the  slte-sfafl  during  his  con tracted  term,  the  Consulting  Engineer  shall  forthwith  arrange  for  such  replacement with a person of comparable experience.
The party  requesting the replacement shall be responsible for the financial conse quences  I hereof; except In the cases  when the Consulting Engineer's  site-stall are replaced for reasons of proved misconduct inability Id perform or violation of laws.
All  such  requests,  for  whatever  reason,  must  be  presented  m  writing  with  the  par ticular reasons slated.
2.7.4             The  Client  s  individual  experts  if  any,  assigned  Io  participate  in  the  Services  and specified  in  Appendix  B  hereof,  shall  only  be  appointed  with  the  agreement  ol  the Consulting  Engineer  and  shall'  be  remunerated  by  the  Client  These  experts  may  not be  removed  or  replaced  except  by  the  Ghent  acting  in  consultation  with  the  Con sulting  Engineer,  tn  all  other  respecis  such  persons  shad  be  subject  to  the  admini strative direction and supervision of the Consulting Engineer.
Notwithstanding the appointment of such persons  by  the Ghent, the Consulting Engineer shall at all limes  retain lull and unseverable responsibility  for lhe due per formance of hu obligations  hereunder and for 'he satisfactory  completion of the Services  The Client shall be liable for these experts' errors  and/or omissions  unless otherwise staled m Part II of this Agreement
I
18
I
IREMUNERATION OF THE CONSULTING ENGINEER
Tho  Client  snail  remunerate  the  Consulting  Engineer  in  respect  □!  ihc  Services  in accordance with the conditions sei forth in Appendix C.
In the event oi any  services  being required supplementary  to those detailed n Ap* pvridfa A due to circumstances arising beyond me control of the Consulting Engineer and which couid not reasonably  nave freon foreseen or rcr any  additional services alterations  or modillcalions  as  agreed between the Parties  and resulting from the Client's  specific  requesls  which cause amendments  to ths  Services  or termination of this  Agreement, the Consulting Engler shall receive additional remuneration which shall bo computed on a limo basis  together with all rcimnursabie costs  in curred
in the case a! delay on the part ol ihe Client or of any Contractor or the taking by the Client of the Works or any part thereof out ot the hands of any Contractor due to his failure io properly  perform the relevant Contract, ine Consulting Engineer, to me extent that such delay  results  in extra costs, shall be entitled lo additional remune ration. Such additional remuneration shall be computed on a lime basis  together with all reimbursable costs incurred.
If at any  time before the completion oi the Works  under tho Agreement any  part ol the Works  or the equipment {excluding the Consulting Engineer 3 equipment) shall be damaged or destroyed as  a consequence of operations  of war. political distur bance or other cause beyond the control of the Consulting Engineer in the country m wnlcb the project is  being carried oul, the Ghent shall pay  Io the Consulting En gineer the appropriate remuneration lor any  additional work  which may  *equlred to be designed and/or supervised by  him as  a result of such damage or destruction and a compensation tor the damage resulting from such operations or canto
II the remuneration is stipulated as a lump sum plus reimbursable cosis an agreea index for escalation of the sum shall be specified in Appendix C.
1929                  PAYMENTS TO THE CONSULTING ENGINEER
2.9.1
The  Ghent  shad  effect  payments  to  the  Consulting  Engineer  in  accordance  with  the payment schedules and in iho manner sei forth in Appendix C.
292               Amounts  due  io  the  Consulting  Engineer  shall  be  paid  promptly  II  the  Client  'ails to  pay  lhe  Consuliiny  Engineer  within  forly-live  {45}  days  the  Client  shall  pay  interest as irom me dale of receipt ol lhe invoice at the rate specified in Appendix C.
29,3 II any  item ar part of an item ol an invoice rendered by  lhe Consulting Engineer is disputed or subject to question by  the Client, the payment by  the Client of that pari ol lhe Invoice which is  nai contested shall not be withheld on those grounds  and the provisions  of Clause 2.9-2 shall apply to such remainder and also io the disputed or Questioned Item to lhe extent that it shall subsequenily  w agreed or determined to have been due to the Consulting Engineer and interest al the •‘ate specified in Appendix  C shall be paid on all disputed amounts  finally  determined payable io the Consul II ng Engineer-
294               All  payments  made  by  the  Client  on  account  ol  foreign  exchange  cosis  shall  be available   for   repatriation   by   the   Consulting   Engineer   unless   specific   provision   to lhe contrary is included in Appendix C.
29 5              Whenever  il  shall  be  necessary  to  evaluate  ona  currency  in  terms  of  another  for  the purpose  of  lhe  paymenl  ol  an  amount  specified  in  Appendix  C  lhe  rale  of  exchange applicable  shall  be  the  selling  rale  published  by  an  official  source,  in  the  country where the Services are bring carried out. on the date the payment was due.
29 6              Except  m  the  case  of  lump  sum  agreements  lhe  Clieni  may  nominate  a  reputable firm of accountants to audit all amounts claimed by lhe Consulting Engineer.
Advance written nonce ol noi less  lhan three (3) working days  must be given io the Consulting Engineer by  the Client, or the firm of accountants, of such audit which shall be carried out during normal working hours  at the place where the records  are maintained.
Not* For CondlllMs ol Particular Appfealfcm i«« p*n u
20INTERNATIONALGENERALRULESOF AGREEMENT D&S
PART II
CONDITIONS OF PARTICULAR APPLICATION
The following notes  are intended as  an atd'e’mern'Orre m the precaratron ol ctauws (some of which are deair with, but not exhaustively, in Part 1} which will vary  as necessary  to take account of the circumstances  and the locality  where the Warks are carried out These variable clauses  which must ba specially  prepared to suit each particular agreement should cover such ol the undermentioned matters  and any others as are applicable.
CLAUSE 2/ 3
Language^ and Law
(a)   Language/iin which the Agreement
(b) Ruling language _______________ English
drawn; _Engflsh
(c)   The Law io which rhe Agreement is to be subject:                    E t h T opi_an_________
CLAUSE 2 1-7
Notices
Client’s address and responsible official________ _General Manager______________ _____ Water Resources Development Authority> P 0 Box 5673,
Addis Ababa, Ethiopia
Client’s alternative address far cables and telex: 2  1 34 AWAPRO_ _ _ _ _ _ _ _ _ _ _ _
J
_
Consulting      Engineer's      address-      S1r         *'iT1iam        Hdlcr°*      &         Partners      Limited Buraercp Park. Swindor, SH4 {JQp, United Kingdom_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Consulting Engineer s alternative address tor cables and telex: 4 844 HALWIL G
4
212.2.9.3 Default by the Client
Add new sub-section:
(iii)      If      the      Client      has      failed      to      fulfil      any      of      his      obligations      under      the Agreement      to      the      extent      that      the      Consulting      Engineer      is      seriously      impeded in, or completely prevented from fulfilling his fundamental obligations,
2,2.9 -9 Termination
Add new sub-clause
At termination the Consulting Engineer shall:
a)       place       no       further       orders       and       incur       no       further       costs       of       goods       or services      except      as      necessary      to      complete      performance      of      the      Services under the Agreement not terminated by Client's Notice;
b} terminate all outstanding  briefs,  services contracts and  sub  contracts to  the extent they  relate to  the performance of services terminated  by the Client's Notice;
c)      transfer      title      and      deliver      to      the      Client      in      the      manner,      at      the      time and      to      the      extent      directed      by      the      Client      all      complete      or      partially completed       reports,       designs,       plans,       etc       which,       if       the       Agreement       had been      completed,      would      have      been      required      to      be      furnished      to      the Client,
2.4.1              Financial       Liability of the Consulting Engineer
The total liability be limited  to  the expatriate staff.
of      the      Consulting      Engineer      under      this      Agreement      shall total estimated man-month charges for professional
2.4.2 Expiry of the Liability of the Consulting Engineer
The      liability      of      the      Consulting completion of the Services.
Engineer expires 6 years from the date of
2.4.4              Insurance
Replace sub-clause 2.4.4 in Part 1 by new sub-clause:
Unless notice to  the contrary  xs given  m writing  by  the Client,  the Consulting  Engineer shall take out and  maintain,  at his own  cost,  on  terms and  conditions approved  by  the Client,  insurance against third  party liability  and  against loss or damage to  equipment excluding  vehicles purchased,  with  funds provided  by  the Client,  for the sole use of the Consulting Engineer in the execution of the services.
The Consulting  Engineer shall,  for the purpose of the Services,  take out and  maintain  adequate insurance against loss of or damage to  equipment purchased in whole or in part with funds provided by the Client.The Consulting Engineer shall take out and maintain adequate insurance against claims by third parties resulting from acts per formed by the Consulting Engineer or his Personnel in carrying out the Services.
2.4.6    Extent of Professional Liability of the Consulting Engineer
Add new sub-clause:
The Consulting Engineer's services will not include legalt accounting, bonding and insurance counselling services, safety management, construction or contracting services in connection with the carrying out of the Project, nor will the Consulting Engineer be ar become an insurer or guarantor of any contractor’s work.
2.5.3    Obligations of the Client
Add new sub-section:
Personal  effects  shall  be  those  defined  as  such  by  the  rules  and regulations of the Custom’s Department of Ethiopia.
2.6.1     Settlement of Disputes
Replace sub-clause 2.6. 1 in Part I by new sub-clauses:
All disputes or differences between the Client and the Consulting Engineer in connection with the Agreement or any breach thereof or arising out of the services, which cannot be amicably settled between the parties, shall at the request of either party, be referred to arbitration in Addis Ababa under the rules of conciliation and arbitration of the International Chamber of Commerce, Paris. Each party 3hall appoint one arbitrator and the arbitrators shall choose the umpire. Where a party fails to appoint an arbitrator or where the arbitrators fail to choose an umpire, the President of the High Court of Addis Ababa shall appoint the arbitrator or, as the case may be, the umpire.
2.6  2 The award of the arbitrators shall be final and binding upon the parties and they shall forthwith give effect thereto until and unless altered, reversed or set aside by a court decision in accordance with sub clause 3 below.
2-6.3 No appeal shall lie from any decision or order of the arbitrators on any interlocutory matter; however, an award by the arbitrators may be appealed, or a motion can be made for setting aside the award, to the appropriate Ethiopian court in accordance with and on the ground specified by Ethiopian laws.
2.6.4  Pending  the final resolution of any difference or dispute in accordance with the foregoing provisions, the parties shall continue the performance of their obligations under this Agreement to any measures that may be ordered by the arbitrators.2,7.4     Personnel
Replace sub-clause 2.7,4 in Part I by new sub-clause:
The Client's individual experts, if any, assigned to participate in the Services and specified in Appendix B hereof, shall only be appointed with the agreement of the Consulting Engineer and shall be remunerated by the Client. These experts nay not be removed or replaced except by the Client acting in consultstion with the Consulting Engineer. In all other respects such  persons  shall  be  subject  to  the  administrative  direction  and supervision of the Consulting Engineer.
Notwithstanding the appointment of such persons by the Client, the Consulting Engineer shall at all times retain full and unseverable responsibility for the due performance of hie obligations hereunder and for the satisfactory completion of the Services.appendix a
AGREEMENT dated---------- ----------------------------------■ SCOPE OF SERVICES
The services covered by this Contract Agreement comprise the provision of Construction Supervision of the Amibara Drainage Project, Stage 1, in the Middle Awash Valley of Ethiopia,
This Appendix of the Agreement includes the Terms of
Reference for the supervision of construction of the project
dated October 1987.
Other   documents   that   are   an   integral   part   of   this   Agreement are as fol lows;
-  Letter of Invitation dated 21 May 1988
-  Letter of record of meeting dated 30 June 1988
-  Record of negotiationsAPPENDIX B AGREEMENT aal«d_________ _ ____________________________ ______________ _
ASSIGNED  SPECIALISTS.  PERSONNEL  EQUIPMENT  ANO  FACILITIES  TO  BE PROVIDED BY THE CLIENT
- to be finalised at negotiation -
27APPENDIX C
AGREEMENT dared-----------------
REMUNERATION AND PAYMENT
The Client shall pay the Consultant for the services rendered
in accordance with the attached schedules of rates and reimbursement of expenses.
Payments  shall  be  made  in  pounds  sterling  and  in  Ethiopian Birr in accordance with the following schedules:
1.        Twenty percent of the estimated cost of the Consulting Services shall be paid as an advance mobilisation payment after approval and signing of the Agreement by the Client.
2.        Monthly payments on submission of monthly invoices for services and other costs. Each month's invoice will
be paid within forty five calendar days of the date of submission. The advance payment shall be recovered
in twenty five equal instalments from the first twenty
fiVe monthly invoices. All of the advance payments
shall be recovered.
3.          Where  interest   is   payable  it   shall  be  paid  at  the prevailing   borrowing   rate   of   the   National   Bank   of Ethiopia.
29e>/
Sir William Halcrow & Partners Ltd Burdmop Park
Swindon, SN4 OQD
England
Tel: 0793-812479
Telex: 44844 (A/B HALWIL G)

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Summery

Amibara Drainage Project Summary

Amibara Drainage Project Consultancy Services Summary

Document: Financial Proposal for Construction Supervision Consultancy Services

Project: Amibara Drainage Project, Stage 1 (Ethiopia)

Consultant: Sir William Halcrow & Partners Limited

Date: July 1988

1. Project Overview

The document presents Halcrow's financial proposal for providing construction supervision consultancy services for the Amibara Drainage Project in Ethiopia's Middle Awash Valley. The proposal was submitted in response to an invitation from the Water Resources Development Authority (WRDA) of Ethiopia dated 21 May 1988.

2. Proposal Structure

The proposal is organized in three volumes:

Volume 1: Firm's Background
Volume 2: Approach and Staffing
Volume 3: Financial Proposal (this document)

3. Financial Summary

Item	Payment Basis	Amount (£ Sterling)	Amount (Birr)
Expatriate Staff Charges	LS rate	765,867	-
Reimbursable Expenses	Various	62,080	53,200
Estimated Total		827,947	53,200

Note: Excludes costs for international air travel, office/staff accommodation, equipment, vehicles, local staff, and price escalation.

4. Key Components

4.1 Staff Charges

The proposal includes charges for 13 professional staff members with a total estimated input of 135 man-months over 50 months. Staff charge rates vary by position and location (UK vs. Ethiopia).

4.2 Reimbursable Expenses

Major expense categories include:

Mobilization (£8,400)
Personal Effects Baggage (£10,350)
Airfreight of Equipment (£17,830)
Staff Accommodation & Subsistence (Birr 53,200)
Communications (£15,000)
Laboratory Tests (£5,000)

5. Contract Terms

The document includes draft contract terms based on the International General Rules of Agreement (IGRA - 1979 D&S), covering:

Scope of services and relationship between parties
Commencement, completion, and termination conditions
Rights and duties of the consulting engineer
Liability limitations (capped at total estimated man-month charges)
Client obligations including data provision and visa assistance
Dispute resolution through ICC arbitration in Addis Ababa
Payment terms including 20% advance payment

6. Key Conditions

        Services duration: 50 months
Consultant's liability expires 6 years after completion
Language: English (ruling language)
Governing law: Ethiopian
Payments in £ Sterling and Ethiopian Birr
Interest on late payments at National Bank of Ethiopia rate

    

7. Appendices

The document includes three key appendices:

Appendix A: Scope of Services (Construction Supervision)
Appendix B: Assigned Specialists and Facilities (to be finalized)
Appendix C: Remuneration and Payment terms