Section 9 - COF (Rev-ADB-MEW Matrix)

Section 9 - Contract Forms

This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award.

Table of Forms

Letter of Acceptance ..................................................................................................................................... 9-2 Contract Agreement ...................................................................................................................................... 9-3 Performance Security ................................................................................................................................... 9-4 Advance Payment Security .......................................................................................................................... 9-5

Letter of Acceptance

[on letterhead paper of the Employer]

. . . . . . . date. . . . . . .

To: . . . . . . . . . .name and address of the Contractor . . . . . . . . . .

Subject: . . . . . . . . . .Notification of Award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . date. . . . consisting of the Technical Bid and the Price Bidfor execution of the . . . . . . . . . .name of the contract and identification number, as given in the Bid Data Sheet . . . . . . . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .amount in numbers and words and name of currency. . . . . . . . ., as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose the Performance Security Form included in Section 9 (Contract Forms) of the Bidding Document.

Authorized Signature: ....................................................................................................................... Name and Title of Signatory: ............................................................................................................ Name of Agency: ..............................................................................................................................

Attachment: Contract Agreement

Contract Agreement

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . name of the Employer. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . . name of the Contractor. . . . .(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . name of the Contract. . . . .should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this

Agreement. This Agreement shall prevail over all other Contract documents.

(a) the Contract Agreement

(b) the Letter of Acceptance

(c) the Letter of Technical Bid

(d) the Letter of Price Bid

(e) theVariationNos. . . . . insert variation numbers if any. . . . .

(f) the Particular Conditions of Contract – Part A

(g) the Particular Conditions of Contract – Part B

(h) the General Conditions of Contract;

(i) the Specification

(j) the Drawings; and

(k) the completed Schedules,

3. In consideration of the payments to be made by the Employer to the Contractor as indicated in

this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion 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.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of . . . . . name of the borrowing country. . . . .on the day, month and year indicated above.

Signed by ......................................................... Signed by .............................................................

for and on behalf of the Employer for and on behalf the Contractor

in the presence of in the presence of

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date

Performance Security

................................. B ank’s Name, and Address of Issuing Branch or Office................................ Beneficiary: ................................ N ame and Address of Employer .......................................... Date:......................................................................................................................... Performance Guarantee No.:.........................................................................................

We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures1. . . . . . (. . . . . amount in words. . . . . ) such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . 2, and any demand for payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 4583, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal of Bank and Signature(s)

Advance Payment Security ................................. Bank’s Name, and Address of Issuing Branch or Office................................. Beneficiary: ............................... Name and Address of Employer ........................................... Date: ......................................................................................................................... Advance Payment Guarantee No.: .................................................................................. We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called "the Contractor") has entered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for the execution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called "the Contract").

Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . . name of the currency and amount in figures1. . . . . .(. . . . . amount in words. . . . . ) is to be made against an advance payment guarantee.

At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in figures1. . . . . . (. . . . . amount in words. . . . . ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number . . . . . Contractor’s account number. . . . . at . . . . . name and address of the Bank. . . . . .

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the Contract Price has been certified for payment, or on the . . day of . . . . . ., . . .2, whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 4583.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal of Bank and Signature(s)