SOMALI REGIONAL STATE

CONRACT AGREEMENT

BETWEEN

SOMALI DESIGN WORKS & SUPERVISION ENTERPRISE

AND

ATO DEMELASH MULU

FOR

FEASIBILTY STUDY

IN

WIJIWAJJI 2,500ha SPATE IRRIGATION PROJECT IN QORAHI

ZONES OF SOMALI REGIONAL STATE

June, 2015
JIGJIGA
CONTRACT OF SERVICES

This Contract is made on the 1 rd June 2015 between SOMALI

REGION DESIGN WORKS & SUPERVISION ENTERPRISE
Here in after referred to as the "Client ", on the one hand;

And
ATO DEMELASH MULU hereinafter referred to as the "Freelance Consultant",
on the other hand.

WHEREAS the Client has determined the need to procure the services
described or referred to in this Contract, subject to the terms and conditions
hereinafter set forth;

WHEREAS the Freelance Consultant, pursuant to the request of the Client ,

has agreed to carryout the assignment asserting that he possesses the requisite
experience, qualifications, capability and skill to perform the said Services ;

NOW THEREFORE, this contract witnesses that in consideration of the above

premises and mutual covenants and conditions herein contained the parties
hereto agree as follows:

ARTICLE 1 - OBLIGATIONS OF THE CONUSLTANT

1.1. The Freelance consultant shall provide the services in the capacity of
senior Hydraulics Engineer as per the attached terms of reference (ToR).

1.2. The Freelance Consultant shall carryout the services with due diligence and
efficiency in accordance with recognized professional standards.
1.3. The Freelance Consultant shall not assign, transfer or sub-contract his
obligations under this Contract or any part thereof without a written
permission from the Client.

1.4. The Freelance Consultant is accountable directly to _________________,

Head of G/Manager SOMALI DESIGN WORKS & SUPERVISION
ENTERPRISE in particular and to the project hierarchy in general. However,
he is also required to work closely with other employees of the Client during
the execution of their job.
ARTICLE 2 - OBLIGATION OF THE LEAD CONSULTANT

2.1. The Client shall make available to the Freelance Consultant relevant
information/data useful for mentioned work.

2.2. The Client through its Team Leader shall review, discuss and agree with
the Freelance Consultant any necessary changes and approve all reports
submitted by the Freelance Consultant in accordance with this contract.

2.3. The Client shall provide transport services for field works for the
performance of the services under this contract.

2.5 The duration of the contract agreement to complete the field work is Fifteen
Days and for office work to finalize the report is five days totaling twenty
days.
2.6 The Consultant shall strictly adhere to the lead consultant work program
submitted to him for the duration stated in this agreement.

ARTICEL 3 - FEES

3.1. The Transport cost shall be covered by the Client.

3.2. The total fee payable to the freelance consultant to run the feasibility study
0f WIJIWAJJI Spate Irrigation Project (2,500ha) and submit the technical
report in sixty days will be Birr 200,000.00(Two Hundred Thousand Birr).
No payment will be requested for the office work.

3.3. The fee stated above shall be paid by the lead consultant to the freelance
Consultant according to the following schedule:
Payment No. 1: 60% of the total amount will be advance and upon
Submission of Draft Report.
Payment No. 2: 40% of the total amount upon submission of final
Report.

ARTICLE 4 - OWNERSHIP OF DOCUMENTS

4.1. All documents provided by the Freelance Consultant shall be the property of
the Client and may be used by the Client for any purpose it may so wish.
4.2. All information provided by the lead consultant under this Contract for the
Freelance Consultant and all reports and recommendations arising there
from shall be treated as confidential by the Freelance Consultant and shall
not, without the Client written approval, be made available to third parties.

ARTICLE 5 - Submission and Evaluation of Reports

5.1. All relevant documents (technical manuals, hand outs, etc) shall be
delivered by hand directly to the Manager of SOMALIi DESIGN WORKS &
SUPERVISION ENTERPRISE.

5.2. The manager shall evaluate all reports and technical manual submitted by
the Freelance Consultant.

5.3. The Freelance Consultant shall, without additional payment, improve any
defects pursuant to the comments made by the Lead consultant and Client,
and shall incorporate such improvements as required after mutual
understanding.

ARTICLE 6 - FORCE MAJEURE

6.1. Neither party shall be liable for neither delay nor any failure to perform its
obligations under this contract where performance thereof has been
prevented by Force Majeure as defined in the Civil Code of Ethiopia.

6.2. The party, which is prevented from performing its obligations as a result of
Force Majeure, shall notify the other in writing without delay on the
intervention and indicate the likely duration of the event constituting that
Force Majeure.

6.3. After the occurrence of Force Majeure and notifications referred to in sub-
article 6.2, the parties shall come together for consultation and agree upon
further procedures.

6.4. If, by reason of Force Majeure, the performance of the Contract becomes
impossible, either party shall have a right to act according to article 7 of this
contract.

ARTICLE 7 - SUSPENSION AND TERMINATION

7.1. If any of the events under clause 6 above have occurred, the Lead
Consultant or the Freelance Consultant (depending of the circumstances)
may suspend or terminate this Agreement after giving at least 5 days
notice.
 7.2. Either party may suspend this Contract if:

7.2.1. Default shall have occurred in the performance of any Obligations

under this Contract;

7.2.2. Any other conditions, which in the opinion of the party affected,
interfere or threaten to interfere with the successfully carrying out of
the Contract.

7.2.3. The suspension period shall not exceed 10 days.

7.3. Either party may terminate the Contract after the suspension period.

7.4. Termination of the Contract shall not, in any way, affect the accrued rights
of the parties of their claims against each other under this Agreement.

7.5. Suspension shall interrupt the obligation of:

i. Performance on the part of the Freelance Consultant and

ii. Payment of fee on the part of the Lead Consultant

ARTICLE 8 - LIABILITY OF THE FREELANCE CONSULTANT

8.1. The Freelance Consultant shall be liable for and against any and all such
claims, damages, expenses or costs arising from negligence or intentional
act or omission of the Freelance Consultant.

8.2. Acceptance or approval by the Lead Consultant of reports etc. under this
contract shall not affect or reduce the liability of the Freelance Consultant.

ARTICLE 9 - COMMENCEMENT AND COMPLETION

9.1 The Consultant shall commence the services on June 1th, 2015, and shall carry out
the Services in a manner most suited to the requirements of the Contract and in
accordance with the schedules and time limits established under the Terms of
Reference.

9.2 The Services shall be for duration of 20 working days starting the date of
commencement of the Services.

ARTICLE 10 - SETTLEMENT OF DISPUTES

Any dispute, arising from the interpretation of this contract and the
determination of matters directly or indirectly related to the subject matter of
this contract, shall be governed by Ethiopian Law and shall be submitted to
the jurisdiction of Ethiopian Courts.
 ARTICLE 11 - LANGUAGE

The language of this contract, appendices, correspondence and any

documentation there under shall be the English language.

ARTICLE 12 - EXTENT OF THE CONTRACT

12.1. The personal CV of the Freelance Consultant submitted by him (Annex A)

shall be deemed to form part of this Contract.

12.2. In case of conflict between any of the above documents and the text of this
Contract, the latter shall prevail.

12.1. This contract represents the whole and entire Agreement between the
Client and the Freelance Consultant.

ARTICLE 13 - GENERAL PROVISIONS

13.1. Amendments or Modifications

Any and all amendments or modifications to this Contract shall be made only in
writing and shall be signed by the authorized representatives of the Client and
the Freelance Consultant, and shall become part of this contract.

13.2. Notices

Any notice given by any of the parties hereunder shall be valid only if done in
writing and delivered in person to the following addresses:

Client Address Freelance Consultants’ Address

Ato Demelash Mulu
P.O.BOX: Tel: 0910042145/0915734518
Tel.: e-mail: [email protected]
e-mail :
Jijiga

Notices shall be sent to such addresses as either of the parties may designate by
notice given from time to time.
ARTICLE 14 - EFFECTIVE DATE OF CONTRACT

This contract shall come into effect on the date it is signed by both parties. In witness
thereof, the parties hereto have signed this contract on the 1st day of June 2015.

_______________________________ ______________________________

Signed for and on behalf of the Signed by the

Client Freelance Consultant

In the presence of:

WITNESSES

Name Signature
1. ________________________ __________________
2. ________________________ __________________
3. ________________________ __________________
 SOMALI REGIONAL STATE

CONRACT AGREEMENT

BETWEEN

SOMALI WATER RESOURCE BUREAU

AND

ATO DEMELASH MULU

FOR

SMALL ROACKFILL AND GRAVITY DAMS DESIGN

MODIFICATION AND ANALYSIS

IN

HODHALEE, HELEEY, HADHAWEE, WAJJII AND SAGAG

SMALL DAM DESIGN MODIFICATION AND ANALYSIS IN
DAGAHABOUR, BIRQOOD, GODEE, SAGAG AND JIGJIGAA
WOREDAS OF SOMALI REGIONAL STATE.

May, 2016
JIGJIGA
 CONTRACT OF SERVICES

This Contract is made on the 15 th, May 2016 between SOMALI

REGION DESIGN WORKS & SUPERVISION ENTERPRISE

Here in after referred to as the "Client ", on the one hand;

And
ATO DEMELASH MULU hereinafter referred to as the "Freelance Consultant",
on the other hand.

WHEREAS the Client has determined the need to procure the services
described or referred to in this Contract, subject to the terms and conditions
hereinafter set forth;

WHEREAS the Freelance Consultant, pursuant to the request of the Client ,

has agreed to carry out the assignment asserting that he possesses the requisite
experience, qualifications, capability and skill to perform the said Services ;

NOW THEREFORE, this contract witnesses that in consideration of the above

premises and mutual covenants and conditions herein contained the parties
hereto agree as follows:

ARTICLE 1 - OBLIGATIONS OF THE CONUSLTANT

1.5. The Freelance consultant shall provide the services in the capacity of
senior Hydraulics Engineer and the task he has to perform is as
follows:-.
 Selection of appropriate small dam type to the site;
 Structural Design and stability analysis of the dam type selected for
each site;
 Determination of Maximum discharge of the watershed and
designing an appropriate spillway to each site;
 Preparation of detail working drawings and bill of quantity for each
site;
 Preparation of technical report to each site;
 Submission of technical report, drawings and bill of quantity in
3/Three copies/ of each site.
1.6. Due to urgency of the projects the structural design and stability and as well
as the hydrology analysis shall be made with physical observation of the
freelancer during field site visit.
1.7. The Freelance Consultant shall carryout the services with due diligence and
efficiency in accordance with recognized professional standards.
1.8. The Freelance Consultant shall not assign, transfer or sub-contract his
obligations under this Contract or any part thereof without a written
permission from the Client.

1.9. The Freelance Consultant is accountable directly to the regional Water

Resource Bureau Head SOMALI REGION WATER RESOURCE BUREAU
in particular and to the project hierarchy in general. However, he is also
required to work closely with other employees of the Client during the
execution of their job.

ARTICLE 2 - OBLIGATION OF THE LEAD CONSULTANT

2.4. The Client shall make available to the Freelance Consultant relevant
information/data useful for mentioned work.

2.5. The Client through its Team Leader shall review, discuss and agree with
the Freelance Consultant any necessary changes and approve all reports
submitted by the Freelance Consultant in accordance with this contract.

2.6. The Client shall provide transport services for field works for the
performance of the services under this contract.

2.7 The duration of the contract agreement to complete the field work is Five
Days and for office work to finalize the report is Fifteen days totaling
twenty days.
2.8 The Consultant shall strictly adhere to the lead consultant work program
submitted to him for the duration stated in this agreement.

ARTICEL 3 - FEES

3.1. The Transport cost shall be covered by the Client.

3.2. The total fee payable to the freelance consultant to conduct a site visit over
the proposed dam sites to be redesigned and submit the technical report
of each design with full drawings and Bill of Quantities of all Five sites
 within 20 days shall be Birr 5x120,000.00(Six Hundred Thousand Birr).
This payment is for the whole field work and for the office work as well.

3.3. The fee stated above shall be paid by the client to the freelance
Consultant according to the following schedule:
Payment No. 1: 40% of the total amount will be advance and upon
signing of agreement.

Payment No. 2: 60% of the total amount upon submission of final

Report and drawings.

ARTICLE 4 - OWNERSHIP OF DOCUMENTS

4.3. All documents provided by the Freelance Consultant shall be the property of
the Client and may be used by the Client for any purpose it may so wish.

4.4. All information provided by the lead consultant under this Contract for the
Freelance Consultant and all reports and recommendations arising there
from shall be treated as confidential by the Freelance Consultant and shall
not, without the Client written approval, be made available to third parties.

ARTICLE 5 - Submission and Evaluation of Reports

6.1. All relevant documents (technical manuals, hand outs, etc) shall be
delivered by hand directly to the SOMALI REGION WATER RESOUCE
BUREAU HEAD.

6.2. The manager shall evaluate all reports and technical manual submitted by
the Freelance Consultant.

6.3. The Freelance Consultant shall, without additional payment, improve any
defects pursuant to the comments made by the Lead consultant and Client,
and shall incorporate such improvements as required after mutual
understanding.

ARTICLE 6 - FORCE MAJEURE

6.5. Neither party shall be liable for neither delay nor any failure to perform its
obligations under this contract where performance thereof has been
prevented by Force Majeure as defined in the Civil Code of Ethiopia.

6.6. The party, which is prevented from performing its obligations as a result of
Force Majeure, shall notify the other in writing without delay on the
 intervention and indicate the likely duration of the event constituting that
Force Majeure.

6.7. After the occurrence of Force Majeure and notifications referred to in sub-
article 6.2, the parties shall come together for consultation and agree upon
further procedures.

6.8. If, by reason of Force Majeure, the performance of the Contract becomes
impossible, either party shall have a right to act according to article 7 of this
contract.

ARTICLE 7 - SUSPENSION AND TERMINATION

7.6. If any of the events under clause 6 above have occurred, the Lead
Consultant or the Freelance Consultant (depending of the circumstances)
may suspend or terminate this Agreement after giving at least 5 days
notice.

7.7. Either party may suspend this Contract if:

7.7.1. Default shall have occurred in the performance of any Obligations

under this Contract;

7.7.2. Any other conditions, which in the opinion of the party affected,
interfere or threaten to interfere with the successfully carrying out of
the Contract.

7.7.3. The suspension period shall not exceed 10 days.

7.8. Either party may terminate the Contract after the suspension period.

7.9. Termination of the Contract shall not, in any way, affect the accrued rights
of the parties of their claims against each other under this Agreement.

7.10. Suspension shall interrupt the obligation of:

iii. Performance on the part of the Freelance Consultant and

iv. Payment of fee on the part of the Lead Consultant

ARTICLE 8 - LIABILITY OF THE FREELANCE CONSULTANT

8.3. The Freelance Consultant shall be liable for and against any and all such
claims, damages, expenses or costs arising from negligence or intentional
act or omission of the Freelance Consultant.
 8.4. Acceptance or approval by the Lead Consultant of reports etc. under this
contract shall not affect or reduce the liability of the Freelance Consultant.

ARTICLE 9 - COMMENCEMENT AND COMPLETION

9.1 The Freelancer shall commence the services on May 15th, 2016, and shall carry out
the Services in a manner most suited to the requirements of the Contract and in
accordance with the schedules and time limits established under the Terms of
Reference.

9.2 The Services shall be for duration of 20 working days starting the date of
commencement of the Services.

ARTICLE 10 - SETTLEMENT OF DISPUTES

Any dispute, arising from the interpretation of this contract and the
determination of matters directly or indirectly related to the subject matter of
this contract, shall be governed by Ethiopian Law and shall be submitted to
the jurisdiction of Ethiopian Courts.

ARTICLE 11 - LANGUAGE

The language of this contract, appendices, correspondence and any

documentation there under shall be the English language.

ARTICLE 12 - EXTENT OF THE CONTRACT

13.1. The personal CV of the Freelance Consultant submitted by him (Annex A)

shall be deemed to form part of this Contract.

13.2. In case of conflict between any of the above documents and the text of this
Contract, the latter shall prevail.

14.1. This contract represents the whole and entire Agreement between the
Client and the Freelance Consultant.

ARTICLE 13 - GENERAL PROVISIONS

15.1. Amendments or Modifications

Any and all amendments or modifications to this Contract shall be made only in
writing and shall be signed by the authorized representatives of the Client and
the Freelance Consultant, and shall become part of this contract.

15.2. Notices
 Any notice given by any of the parties hereunder shall be valid only if done in
writing and delivered in person to the following addresses:

Client Address Freelance Consultants’ Address

SOMALI REGION WATER RESOURCE BUREAU Ato Demelash Mulu
Mis. Fertun Tel: 0910042145/0915734518
P.O.BOX: e-mail: [email protected]
Tel.: 0915330108
e-mail :
Jijiga

Notices shall be sent to such addresses as either of the parties may designate by
notice given from time to time.

ARTICLE 14 - EFFECTIVE DATE OF CONTRACT

This contract shall come into effect on the date it is signed by both parties. In witness
thereof, the parties hereto have signed this contract on the 15th day of May, 2016.

_______________________________ ______________________________

Signed for and on behalf of the Signed by the

Client Freelance Consultant

In the presence of:

WITNESSES

Name Signature
1. ________________________ __________________
2. ________________________ __________________
3. ________________________ __________________