"Contract Templates - Annex to the Particular Conditions"

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Section IX. Annex to the Particular Conditions
- Contract Forms
Table of Forms
Notification of Award
Contract Agreement
Performance Security
Advance Payment Security
Retention Money Security
Section IX. Annex to the Particular Conditions
- Contract Forms
Table of Forms
Notification of Award
Contract Agreement
Performance Security
Advance Payment Security
Retention Money Security
- 2 -
Notification of Award
L
A
ETTER OF
CCEPTANCE
[letterhead paper of the Employer]
[date]
To: [name and address of the Contractor]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
of the equivalent of [amount in numbers and words] [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 one of the Performance Security Forms
included in Section IX, Annex to the Particular Conditions - Contract Forms, of the Bidding
Document
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
- 3 -
Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,
between ______________________________________of __________________________
(hereinafter “the Employer”), of the one part, and ______________________ of
_____________________ (hereinafter “the Contractor”), of the other part:
WHEREAS
the
Employer
desires
that
the
Works
known
as
_______________________________ 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.
(i)
the Letter of Acceptance
(ii) the Letter of Bid
(iii) the addenda Nos ________(if any)
(iv) the Particular Conditions
(v) the General Conditions;
(vi) the Specification
(vii) the Drawings; and
(viii) 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.
- 4 -
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
indicated above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
- 5 -
Performance Security
Option 1: (Demand Guarantee)
________________________________
[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: ___________________
[Name and Address of Employer]
Date: ________________
PERFORMANCE GUARANTEE No.:
_________________
We have been informed that ________________
(hereinafter called "the
[name of Contractor]
Contractor") has entered into Contract No. _____________
[reference number of the contract]
dated ____________ with you, for the execution of _____________________
[name of
(hereinafter called "the Contract").
contract and brief description of Works]
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we _______________
hereby irrevocably
[name of Bank]
undertake to pay you any sum or sums not exceeding in total an amount of ___________
1
(
)
,
such sum being payable in the types and
[amount in figures]
[amount in words]
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.
2
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.
1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the
Contract and denominated either in the currency(cies) of the Contract or a freely convertible currency
acceptable to the Employer.
2
Insert the date twenty-eight days after the expected completion date. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to
the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the

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