Emergency Ground Water Development Project (Akaki)

iRANSTTICHAl GOVERNMENT OF ETfLWPTA
ADDIS ABABA SAT"R MO SEWERAGE AUTHORITY
A.A.W.S.A.
EMERGENCY GROUND WATER
DEVELOPMENT PROJECT (AKAKI)
PROPOSAL
FOR
CONTRACT ADMINISTRATION AND CONSTRUCT 1 ON SUPERVISI OH
CONSULTANT
WATER SUPPLY AND SEWERAGE AGENCY WSSA P.O.BOX 5744
TEL. 61-11-11
AOniS ABABA, I-THU 1 ■ Witli SkiV-CuntiuHanL
MLTAFERTA consulting ENGINEERS MCr
P.O.BOX 3192
TEL. 51-56-47
AfjniS ABABA, ETHIOPIA
AAW-5A
P.O.BOX 1505
TEL. 55 06’ ■&, SS-G'-'K, 55-04-22 TELEX 21437 AW8JL ET
ADDIS ABABA, ETHIOPiA
JAXUaR* 1995TRANSITIONAL GOVERNMENT OF ETHIOPIA
ADDIS ABABA WATER AND SEWERAGE AUTHORITY
A i A. W. S. A,
EMERGENCY GROUND WATER
DEVELOPMENT PROJECT (AKAKI)
PROPOSAL
FOR
CONTRACT ADMINISTRATION AND CONSTRUCTION SUPERVISION
CONSULTANT
WATER SUPPLY AND SEWERAGE AGENCY WSSA P.O.BOX 5744
TEL. 61-11-11
ADDIS ABABA, ETHIOPIA With Sub-Consultant
METAFERI A CONSULTING ENGINEERS MCE
P.O.BOX 3192
TEL. 51-5&-47
ADDTS ABABA, ETHIOPIA
AAWSA
P.O.BOX 1505
TEL, 55-06-76, 55-02-94, 55-04-22 TELEX 21427 AWSA-ET
ADDIS ABABA, ETHIOPIA
JANUARY, 1995TABLE OF CONTENTS AGREEMENT FOR CONSULTANCY SERVICES
1, GENERAL PROVISIONS
1.1     DEFINITIONS
1-2     RELATION BETWEEN THE PARTIES 1.3     LAW GOVERNING CONTRACT
1.4     LANGUAGE
1.5     HEADINGS
1 .6     NOTICES
1.7     LOCATION
1 . B     AUTHORIZED REPRESENTATIVE 1-9     TAXES AND DUTIES
2. commencement, completion, modification and termination of AGREEMENT
2.1      EFFECTIVENESS OF AGREEMENT
2.2     TERMINATION OF AGREEMENT FOR FAILURE TO BECOME EFFECTIVE
2.3     COMMENCEMENT OF SERVICES
2.4      EXPTRATION OF CONTRACT
2.5     ENTIRE AGREEMENT 2-6     MODIFICATION
2.7     FORCE MAJEURE 2.S     SUSPENSION
2.9     TERMINATION3. OBLIGATION OF THE CONSULTANT
-j - i GENERAL
3.2       CONFLICT OF INTERESTS
3.3       CONFIDENTIALITY
3*4 LIABILITY GF THE CONSULTANT
5.5       INDEMNIFICATION OF THE CLIENT BY THE CONSULTANT 3.6       INSURANCE TG BE TAKEN GUT BY THE CONSULTANT 3.7       ACCOUNTING. INSPECTION AND AUDITING
5*8 CONSULTANTS' ACTIONS. REQUIRING CLIENT’S PRIOR APPROVAL
3*9 REPORTING OBLIGATIONS
3,.10 DOCUMENTS PREPARED BY THE CONSULTANT TO EE THE PROPERTY OF THE CLIENT
3.11 EQUIPMENT ANO MATERIALS FURNISHED BY THE CLIENT 4- CONSULTANT’S PERSONNEL
4.1       GENERAL
4.2       DESCRIPTION OF PERSONNEL
~
■ . Hi J
! J • ~ r- I-s. r • _ . • a_.
kj '• r i _».. • a»4|i_ u
4.4       HAN MONTH SERVICE GF FC7.0C-.’ C_
4.5       REMOVAL AND/ REPLACEMENT GF PERSONNEL
4.6       PROJECT ENGINEER
5.       OBLIGATION OF THE CLIENT
5.1       ASSISTANCE ANO EXEMPTIONS
5.2       ACCESS TO LAND
5*3 CHANGE IN THE APPLICABLE LAW
3.4       SERVICES, FACILITIES AND PROPERTY GF THE CLIENT 5.5       PAYMENT5.6 INDEMNIFICATION OF THE CONSULTANT GY THE CLIENT
5.7        COUNTER PART PERSONNEL
6,         PAYMENT TO THE CONSULTANT
6.1       COST ESTIMATE'S; CEILING AMOUNT
6.2       CURRENCY OF PAYMENT
6.3       PAYMENT IN FOREIGN CURRENCY
6.4         PAYMENT IN LOCAL CURRENCY
6*5 VALUATION OF CURRENCIES
6.6        MODE OF SILLING AND PAYMENT
7- FAIRNESS ano good faith
7*1 GOOD FAITH
7.2        OPERATION OF THE CONTRACT
3. SETTLEMENT OF DISPUTES
6.1       amicable settlement
3.2       ARBITRATION PROCEDURE
9. MISCELLANEOUS
9.1       RECITALS AND APPENDICES
9.2       APPOINTMENT
APPENDICES
APPENDIX A - SCOPE OF CONSULTANCY SERVICES
APPENDIX fi - SERVICES AND FACILITIES TO PE PROVIDED BY THE CONSULTANT
APPENDIX C - SERVICES AND FACILITIES T BE PROVIDED BY THE CLIENT
APPENDIX D - CONSULTANT'S WORK PROGRAMME
APPENDIX E - REMUNERATION OF THE CONSULTANT APPENDIX F - PROPOSED LIST OF KEY PERSONNEL AMD THEIR
CURRICULUM VITAE APPENDIX G - TERMS OF REFERENCEAGREEMENT FOR CONSULTANCY SERVICES
Ttfis diyrettiHttnt (httr tsb'id.ft&i , Luy father *ritb dll Appendictsc 
attached hereto and farming an inltgial part ht-teof, celled the
Agreement’1) is made the__________________________.day of Lha month
or____________ , 1993* between, on the one hand, the addls ababa
WATER ANO SEWERAGE AUTHORITY (AAWSA) of the Tranil Lienal Gu ver nme nt oT Ethiopid (hereinafter called ths  "Client" anrjh ui = the other hand, The WATER SUPPLY ANO SEWERAGE AGENCY (WSSA) with it’s Sub-cdH&ultant, hetaferta CONSULTING Engineering (mce]
WHEREAS
(A)       wssa       entered       into       an       agreement       with       aawsa       the       ISU          or OcLcLei      199S      Tor      the      per      furhahte      of      Cur^ij]      tain_:y      stji      vica-a for        the        execution        oT        detail        design        ar>d        tendai        document preparation       foi       the       fiddle       lAfc^ba       Eh-ht       gem-y       Gmund       Lei Dbvh lopuei i L (A kaki ) (iitji e c ria T Ler Lal 1 ad Li ie Pi u j uv L ) ■
(0) The Ti ansi Llunal Government. of Ethiopia has a Hulu ted a
Ludyt l Toi' f 1 na nci ng tlie entire pj ojtol losl including ti
fDieiyn exchange (through AAWSAl .
(C)  The  Cl  j.  tJ11  L  xnLeiidbr  Lu  ^,011-  4  /  uuL  LI'its  Luii^Li   u«_.  Li  uh   u   ■  ■  .c pi ojec t.
(D} Tilts  Client I Ida i equity  Led the Consul L-o.11 L to piovide consul Laney  s-sr vices  derlued her ei na f Ler ^nd Qorwpr isiity Teiidei Activities, Cuntiaul ManayeiftHriL <±od CuiiiLi ucLiuii Super vidian (her sinj flbii Ldl li-d the "Sfcivicez) requited 'ui the Project;
(E)      The      Consultant*      hds      agreed,      and      declared      Isiiir-tsl      r      that,      he
Iws            the            required            professional
skills*            personnel            and
technical       lesouicee,       to       pi       Ovide       the       Services       on       the       tmins and conditions herein^Tter set forth.MOn THEREFORE ttfi patties heiela hereby <igree U FtJlluwi.
i. GENERAL PROVISIONS
1.i       DEFINITIONS
Uilltisss Lhe context qthe* wfrenevei died in thii canti'act
1 ttq u j. i “■= ,   the r-LilluwLiVj bur hf^
have the relluwina Uteaninoi;
(a) (b) (c> (<3) Ce) in (s) (h)
f
“'Applicable L*w”me*ns tht- ldW^ and any uLher
instruments having the force of law in the
Gover limenL’S towntry, aS they may be iSSued end in
for lh f p oiii time to time;
'"'Contract"       ineans       this       Cehlraot       between       the       Client       and the Consultant;
“EffeclXvB      Date"      muaiis      Liite      data      On      which      this      Contract comes into Force pursuant to Clause 2.1 iHdieof;
"Flu     ti^ii    Currency"    iimaiia    any    l.ui     r    tai    n_y    uLhui    Lhari    II    w cu■r ency of the Gove■nmenL;
"Guver   i   liHtgi   i   L"   liie-ana-   Lhtr   Gu   vu   i   i   linen   L   u   f   the   Clients country, i-e. CUiIuma*,
Local   Cur   r   teJi   iCy"   Hiuaiira   Lba   i_u>   fancy   uT   Lhu   G-uver   illlliaHL* i e t Birr;
"Member  ”  means  any  uf  WiSSA  1   s  and  HCE"  s  and  "Meisbmr  &  " means both of these entities*
’’Personnel" me*US pei^uns  hired by  the Consultant or by  any  SubcOhSUltant aS employees  and assigned! to the performance af the Sei vices er any pai L therftof;
Foreign     Per     sonnel"     means     that     such     per     Suns     who     al     the time        of        being        so        hired        has        llieii        domicile        outside E       Hi       Lupia;       and       "Local       Personnel"       means       that       such
persons rtho at the time uf being domicile inside Ethiopia;
hired lias their3
(i)
(j)
"Party"       means       the       Client       or       the       Consultant,       as       the case may be;
"Project"     means     the     Emer     gertcy     Ground     Waler     Development (Akaki)       for       the       City       of       Addie       Ababa       for       which       the Consultant         is         expected         to         provide         the         Sei         vices descr ibed under Appendices A ai>d G, attached hereto.
(k)             "Services"     means     the     work     to     be     per     foi     med     by     the Consultant       pursuant       to       this       agreement       for       the       purposes 
of         the         projects         comprising         Tender         Activities,         Contract
Management        and        Construction        Supervision        there        fore,        as 
described
in
Appendices 
A
and
G
attacl
ted
hereto
and
within
the
framework 
of
the
manp
ower
input
and
time
schedule set forth in Appendices B C and D hereto;
b
(1)        "Starting Date" means the data refer red to in Cla 2.S hereof;
Gil)      "Subconsul tantrt means any entity to which Consultant subcontract any [wit of the Services
accordance with her eihdf Ler ; and
the         provisions or
Clause
(n)        "Third party" means persons or entity other than Gcver iMiient,           the Client,
Subconsul tarit;
the Consultant or
use the
in 3-8 Lhe
d
(o)        "Days      or      Month"      means      calendar      days      or      months,      ondei the Gregorian Calendar .
1.2       RELATION BETWEEN THE PARTIES
Nothing contained herein shall be constructed as  establishing a relation of master and servant 01 of agent principal as  between the Client and the Consultant, The Consultant, subject to this Contract, has  complete charge of Personnel per forming the Services  and shall be fully  responsible for the Services per formed by them or on his behalf hereunder,
1.5       LAW GOVERNING CONTRACT
This  Contract, its  meaning and interpretation, and the relation between the Parties  shall be governed by  the Applicable Law of Ethiopia.4
1.4 LANGUAGE
This  CuntrdCt has  been exeuuLed in the English Language„ which ^»lkdll be the binding controlling language for dll mallei s i eIating tu the meaning or intui pi elation of this Contract,
1.5       HEADINGS
The      fcu&adings      shall      not      limit,      alter      or      affect      the      weaning      uf      this Cont> act.
1.6       NOTICE
1,6.1                Any notice, request or consent required or permitted Lu be
given or made pursuant to this  contract shall be In writing. Any  such notice. request or consent shall be deemed La have bean given oi made when delivered in persons to any  authorised <epi esentaLive oF the Pai ty  Lu wKmu the communication is  addressed ui when sent by  leyisteiud mail. telex, telegram qi facsimile to such Pai ly  at the following Addc ess;
For the Client;
T
Attn; The GenUi al Maiiayei
Tel; 55-06-76. 55-02-94
Telex; 21427 AWSA, ET
Fui      Lite      ConsulLanL.      water      Supply      ■■■      Sewerage      Agency P.O.dux 5744
Addis Ababa, Ethiupia
At Ln; Thu General Manager Tali 18-61-11, 18-61-13-(IS) Telex; 21387 WSSA, ET
Addis Ababa Watei Seweiage Author j ty P.O.Box 1 SOS
Addis Ababa  Ethiopia
1.6.2                 Notice will be deemed Lo be effective az> follows;
(a)         in the Case cF personnel deliveiy lh leyislered mail, on delivery;5
(b)       in the case of telex, twenty-four (24) hours following
confirmed transmission; and
(c)       in th© case of telegrams or facsimiles, twenty-four
(24) hours following confirmed transmission.
1.6.3                     A     party     may     change     its     address     for     notice     Iw     re     under     by giving       the       other       party       notice       of       such       change       pursuant       of this Clause.
1.7      LOCATION
The Services  shall be performed at such locations  as  are specified in Appendices  A.G and 0 attached I m a to and, where the location of a particular task, is  not so specified, at such locations» witetlwsr in Ethiopia or elsewhere. as  the Client may appr ove<
1.3       AUTHORIZED REPRESENTATIVES
Any  action required or permitted to be taken. asid any  document, requiiedor permitted to be executed under this  Contract may  be taken or executed.
(1      >      on      behalf      of      the      Client      by      the      General      managei      of      Adds Ababa         Water         and         Sewerage         Authority         or         his         designated representative;
(ii) on behalf of the Consultant by the General Manager of Kates Supply i Seweiage Agency or hii designated r epi esenta, ti v« ,
1.9 TAXES AMD DUTIES
The Client warrants  arid urxfer takes  that, except for WSSA/MCE diid their local Personnel, the foreign Subconsultants  and their Personnel shall be exempt from (or that the Client shall otherwise promptly  and timely  pay  on their behalf) any  taxes, duties, fees, levies  and other impositions  imposed under trie Applicable Law on the Consultants, their Members. their Subconsultant or the Personnel or any or them in respect of;
(a)       any       foreign       local       currency       payments       whatsoever       made       to       or for         ths         Consultant         its         Members,         its         Subconsultants         and Personnel     or     any     of     them     (other     than     to     WSSA/MCE,     nationals 
of the Government
oi permanent residents of
trie
government's  country, including but not limited to taxes  on company  profit and turnover . in connection with the carrying out of the Services;6
tb) any  equipment, materials  and supplies  brought into Ethiopia by  the Subconsul tant and their Mem bet 3 for the purpose of carrying out the Services  and which, aTter having been brought into Ethiopia, will be subsequently  withdrawn therefrom by them,
(c)           any    equipment    inpor    ted    for    the    pur    pose    o    f    cat    1    ying    out    tlw services      and      paid      for      out      of      funds      provided      by      the      Client and which is treated as property or the Client,
(d)              any       property       brought       into       Ethiopia       by       the       Subcorrsultants, their       Members       and       their       Personnel       (other       than       nationals       or tire      Government      of      per     mat     rent     residents      of     Ethiopia),      01     tire eligible         dependents         of         such         Personnel         for         theii         personnel use      and      which      will      subsequently      by      witfidrawn      there      from      by them           Upon           their           respective           departure           from           Ethiopia, provided that;
(1)
(2)
the       Subconsultants,       their       Members,       and       theii       Personnel and:        their        eligible        dependents,        sfrall        fallow        the        usual customs         procedures         of         the         Government         in         importing pioperty into Ethiopia; and
if        the        SubcOASultantS,       their        Members       and       Lhei       r Personnel           or           their           eligible           dependants,           do           not withdraw       but       dispose       of       any       property       in       Ethiopia       upon which      custom      duties      and      taxes      have      been      exempted,      the
Consultant,
its             Members,
its            Subconsultants            or
Personnel of any  of them, as  the case may  be (i) shall bear such custom duties  and taxes  in conformity  with the regulations  of the Government, or (ii) shall
■     oikbursa     them     Lo     the     Client     if     they     wtu     u     paid     by     the Client        at        the        time        the        property        in        question        was brought into Ethiopia.
COMMENCEMENT       COMPLETION, AGREEMENT
2.1       EFFECTIVENESS OF AGREEMENT
MODIFICATION AND                TERMINATION OF
This  agreement shall be effective from the date of its  signature
by  both parties  and, subject only  to prior termination in
accordance          with          the          provisions          contained          therein, continue in force until the obligations undertaken are per formed.
it          shall

Summery

Emergency Ground Water Development Project (Akaki) - Summary

1. Project Overview

The Emergency Ground Water Development Project (Akaki) is a water supply initiative for Addis Ababa, Ethiopia, managed by the Addis Ababa Water and Sewerage Authority (AAWSA). The project aims to address critical water shortages by developing groundwater resources from the Akaki well field area to deliver approximately 52,000 m³/day of water to the southern half of the city.

2. Key Project Components

Construction of 4 pumping stations and 5 reservoirs (2x1000m³ and 3x2500m³ capacity)
Auxiliary structures (dwellings, generator house, guard house, parking lot)
Supply and installation of 8km collector pipes, 23km transmission, and 25km distribution network
Steel structure bridge for Akaki River crossing
Associated electro-mechanical equipment

3. Consultancy Services

The Water Supply and Sewerage Agency (WSSA) with sub-consultant Metaferia Consulting Engineers (MCE) was appointed to provide:

3.1 Scope of Services

Tender evaluation and contract award recommendations
Preparation and review of working drawings
Construction supervision and contract management
Equipment inspection and testing
Commissioning of waterworks
Training and technology transfer

3.2 Key Personnel

Position	Name	Key Qualifications
Project Director	Ato Mesfin Tegene	Overall project leadership
Project Engineer	Ato Goitom K/Giorgis	Civil engineer with MSc in Water Supply
Senior Water Supply Engineers	3 specialists	Extensive water supply project experience
Electrical Engineer	Mr. Markku Repo	Finnish expert with international experience
Mechanical Engineer	Mr. Markus Anton Saari	Pumping station design specialist

4. Contract Terms

4.1 Financial Terms

Total contract ceiling: US$267,300 (foreign currency) + Birr 8,960,490 (local currency)
Advance payment: 20% of contract amount
Payment schedule: Monthly billing with 60-day payment terms

4.2 Duration

The consultancy services were planned for 30 months (including 6 months for tendering and 24 months for construction supervision). An optional 12-month extension was possible for the maintenance period.

4.3 Key Contract Clauses

Force Majeure: Provisions for events beyond reasonable control
Termination: Conditions for termination by either party
Dispute Resolution: Amicable settlement followed by arbitration in Ethiopia if needed
Confidentiality: 2-year confidentiality period after contract expiration

5. Organizational Structure

The project organizational chart shows:

WSSA Project Director at the top
AAWSA Project Engineer
Project Engineer (Consultant)
Contract/Office Engineer
3 Site Engineers
Senior Water Engineer
Short-term experts

6. Appendices Summary

Appendix	Content Summary
A - Scope of Services	Detailed description of all consultancy services
B - Consultant's Services	Specific services and facilities to be provided by the consultant
C - Client's Services	Facilities and support to be provided by AAWSA
D - Work Programme	Detailed schedule of activities and personnel inputs
E - Remuneration	Payment structure and cost breakdown
F - Key Personnel	CVs of all proposed technical staff
G - Terms of Reference	Detailed technical requirements for the project