مناقصة الإشــراف

FIXED PRICE RENOVATION/CONSTRUCTICN MONITORING AND CERTIFICATION SUBCONTRACT BETWEEN THE ACADEMY FOR EDUCATIONAL DEVELOPMENT 1825 Connecticut Avenue NW Washington, D.C. 20009-5721 And In support of the Educational quality improvement program Equip1 – Yemen AED PROJECT NO. 3189-04

Them purpose of this subcontract is to specify the terms and conditions governing an agreement between the Academy for Educational development (AED), located at 1825 Connecticut Avenue, NW, Washington, D.C., 20009-5721, (hereinafter referred to as the contracting agency) and located at (hereinafter referred to as subcontractor for performance of monitoring and certification services provided herein in support of the Educational Quality Improvement Program (EQUIP1-Yemem), which is funded by the United States Agency for International Development (USAID), under Agreement No. GDG- A-00 03-00006-00 and the Mutual cooperation Agreement No. 279-A-00-04-00027-00.

1. Period of performance The period of performance of this Subcontract shall be from 2. Statement of work The subcontractor will implement the monitoring and certification work and deliverables described in the Statement of Work (Attachment A), and Specifications (Attachment D) during the period of performance specified in paragraph 1. The statement of Work and specification are hereby incorporated into this subcontract.

3. Type of Subcontract/price A) Type of subcontract: This is a Fixed price Subcontract.

B) Cost: The total cost for full performance of this Subcontract is C) Budget : The itemized budget in Attachment A represent the subcontractor's total proposed costs for the implementation of all monitoring and certification services provided in the Statement of Work and Specifications. The subcontractor agrees to complete all services provided in the Statement of Work to the satisfaction of the agrees that the sum Yemeni Rials represents the contracting agency's full financial obligation for all monitoring and certification services to be provided under this Subcontract.

D) The price indicated by the subcontractor reflects any and all constraints and includes: incidental expenses, unforeseen expenses, benefits, insurance, tests, etc.

4. order of precedence Should inconsistencies appear between this Subcontract document and its attachments, the order of precedence shall be : 1) Subcontract,

2) 3) 5.

6.

Attachment A-Statement of Work, Attachment B-Special Provisions, Attachment C-Budget, Attachment D-Specifications,

5- Technical direction The contracting agency hereby authorizes Mr. John Raleigh, Chief of Party (AED Yemen), to provide technical direction for all work performed under this Subcontract. As used herein, "technical direction" means directions to subcontractors which fill in details, sggest possible lines of inquiry, or otherwise complete the general Statement of Work.

However, all technical directions shall be within the current Statement of Work of this Subcontract, and shall not change or modify the Subcontract or price in any way, unless the Subcontract is amended in writing by the contracting agency's Contracts Office to incorporate such changes/modifications. The Chief of party's contact information is noted below : 6- Inspection and acceptance A. the contracting agency has designated Mr. John Raleigh Chief of party, as the persons who will carry out inspection of all monitoring and certification services and deliverables on behalf of the contracting agency. Upon the final hand over of the project, a representative of the Government of Republic of Yemen shall inspect all monitoring and certification deliverables on behalf of the Ministry of Education.

B. Special committee (S) designated by the Chief of party in compliance with existing regulations shall make provisional approval of the monitoring and certification services in the presence of the subcontractor. To this end , the subcontractor shall submit a timely written request to the Chief of party or his designee (d) specifying the date from which the monitoring and certification shall be ready for inspection. The Chief of party oil provide a written reply to the request and shall pronounce the provisional approval of the monitoring and certification in the period specified in the request, if applicable.

C. A final inspection shall be requested by the subcontractor upon expiration of the provisional warranty period ( see Attachment B.4 – Special Provisions ) and under the same conditions.

Should any defect in the execution of the monitoring and certification be identified during the warranty period, final inspection shall be

postponed until such time as the subcontractor will have repaired, rebuilt or replaced the monitoring and certification. The Chief of Party shall specify the time frame for this occurrence. Following final inspection, the subcontractor shall comply with the subcontractor's Guarantee Insurance (See Attachment B.4- Special Provisions). In the event of any delay in the terms of his subcontract, the subcontractor shall assume any resulting additional costs incurred.

D. Final acceptance shall occur after the Chief of Party or his designee (s), verify satisfactory completion of the monitoring and certification services and deliverables in accordance with the Statement of Work and Specifications, and after monitoring and certification has be inspected and approved by a regional representative of the Ministry of Education, which shall not be unreasonably delayed.

7- Notices : All notices given hereunder shall be in writing and shall be delivered or sent by telegraph, or registered or certified mail as follows : To : the contracting agency : To :

‫على فؤاد ترجمه القرقام‬ Notices shall be effective when delivered in accordance with this clause or on the effective date stipulated in the notice, whichever is later.

The contracting agency shall promptly inform subcontractor of any notice given by the EQUIP1 Prime Awardee, the American Institutes for Research (AIR), and/or the EQUIP funding agency, U.S. Agency for International Development (USAID), which may affect the work being performed by subcontractor.

8- Approvals Should any of the events described below occur, the subcontractor agrees to request prior written approval from the contracting agency. Should appropriate approvals not be requested, the contracting agency may request repayment upon demand of al unallowable portions of the Subcontract which are within the subcontractor's control or reduce future payments to subcontractor to recover the unallowable portion. Written prior approval is required from the contracting agency for the following program revisions: 1) 2) 3) 4) 5) 6) 7)

8)

Any change in the Scope of Work or objectives of the subcontract.

Any change in the Specifications.

Any need for additional funds to complete the servicest.

A revision is desired which involves specific costs for which prior written approval requirements may be imposed consistent with the applicable cost principles listed in Section 22 CFR 226.27.

Any transfer of funds between approved line items (see Attachment C, Budget).

An extension to the end date of the services.

Any subcontracting of work to outside sources or vendors not specifically named in the attached approved budget. This does not apply to the purchase of supplies, material, equipment or general support services.

Additional unscheduled monitoring and certification.

Approval requests shall be sent simultaneously to the Contract Administrator and the Chief of party identified in this Subcontract. The contracting agency's contracts/Grants Manager shall issue all approvals required under this subcontract in writing. Unless extraordinary circumstances make an advance of the contemplated action to permit approval, disapproval, or other disposition, prior to subcontractor undertaking action. "sufficiently in advance" is defined as a minimum of ten (10) workdays prior to the proposed start of any action.

9) Payment, accounting and vouchering (A) Upon signing the subcontract, the subcontractor shall receive 30% or 4,252,500 Yemeni Rials (four million two hundred and fiftytwo thousand five hundred) of the total cost of the subcontract as a state-up advance, provided that subcontractor presents a bid bond from a recognized bank valid for the implementation period required to complete the monitoring and certification work. The bond amount shall be equivalent to the advance payment.

(B) A second tranche of 30% or YEMENI RIALS ( ) WILL BE RELEASED UPON CERTIFICATION THAT ALL PREPARATORY WORK has been completed at the schools.

(C) A third tranche of 30% or YEMENI RIALS ( ) will be released after submission of all required monitoring reports, and evaluation and approval of the work by the Chief of Party or his designee (s).

(D) A total of 10% or YEMENI RIALS ( ) of the funds owed to the subcontractor shall be retained until the completion of the required monitoring and certification work and its final satisfactory approval of the Ministry of Education.

Request for Payment : Invoices shall be submitted to the attention of Mrs. Magda Mohsen at the address below :

6 ‫ فؤاد ترجمته ص‬/ ‫ال خ‬

Invoices shall specify the contracting agency project no. 3189-04 and indicate that payment is for monitoring and certification services rendered under the Educational Quality Improvement acceptance/approval of the work requirement stated in the payment schedule.

Location and Terms of Payment : The funds to be paid by the contracting agency shall be deposited in a bank account opened in the name of the subcontractor by bank transfer from the Academy for educational Development (AED) or by check depending on the amount.

Additional Unscheduled Works Should any unscheduled work be required, prior written approval of the work must be obtained in the form of a modification to this subcontract.

Payment shall be calculated based on the cost per unit corresponding to the calculation of the total cost or any cost as agreed to by both parties in the written modification.

The modification shall stipulate any additional time period required, if applicable, to complete the additional works requested.

Loss and Damages Costs have been determined taking into account normal inclement weather and other natural phenomenon. In this respect, the subcontractor must take all the necessary precautions to ensure that the supplies, materials, installations and monitoring and certification cannot be removed or damaged.

9- ===== 10- Alterations The contraction agency and subcontractor agree that any alterations to the Attachments of this Subcontract will be accomplished by bilateral modification to this Subcontract, and may be subject to the approval of the American Institutes for Research (AIR).

11-Independent Subcontractor Status : The relationship of the subcontractor to the contracting agency is that of an independent entity and nothing herein shall be construed as creating any other relationship As such, the subcontractor shall comply with all laws and assume all risks incident to it status as an independent entity.

This includes, but is not limited to, responsibility for all applicable national and local taxes (including but not limited to income taxes, and associated payroll and business taxes), and other licenses and fees, and such insurance and indemnity as is necessary for the subcontractor's protection in connection with work performed under this Subcontract.

Neither the subcontractor nor anyone employed by it shall represent, act, purport to act, or be deemed to be agent, representative, employee, or servant of the contracting agency.

12- Accounting standards, examination of records and audit The subcontractor : A. Shall keep accurate and systematic accounts and records with respect to the services provided hereunder and the expenditure of monies therefore, in accordance with generally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and costs, and the bases thereof, and .

B. Shall permit the contracting agency, AIR, and USAID or their designated representative (s) up to three (3) years after final payment under this subcontract, to inspect any books, documents, paper and records of the subcontractor at any tier that are directly pertinent to this specific program, and make copies thereof as well as to have them audited by auditors appointed by the contracting agency, AIR or USAID. 15 - Applicable law In all undertakings pursuant to this subcontract, the subcontractor, as well as the personnel and agents of the subcontractor shall comply with applicable laws and regulations of he Government of Yemen, or relevant legal agency or subdivision thereof, and the regulations governing procurement and contracting of services funded b y USAID, which are incorporated by reference into this subcontract at Article 18.

The subcontractor is expected to adhere to the highest professional standards and rules governing its own profession, and shall, to the extent that they are known by or made known to the subcontractor, endeavor when compatible with its obligations under this subcontract, to observe and respect local customs which may be relevant to the performance of its activities under this subcontract.

With regards to the employment of his labor force, the subcontractor shall abide by the regulations stipulated by the legislation of the Government of Yemen that is in effect during the period of the subcontract. By signing this subcontract, the subcontract confirms that he is well versed/informed of all local regulations and laws related to labor, monitoring and certification and commercial activities. The subcontractor agrees that he shall be solely responsible for obtaining any additional information required by the municipal, regional and/or national governments in order to appropriately perform the services under this subcontract.

The subcontract is solely responsible for ensuring compliance with the above referenced regulations, laws and requirements, and shall ensure that the contracting agency, USAID, its employees and representatives are indemnified and held harmless should a dispute or legal action arise.

Foreign Staff – the Maximum proportion of European or other assimilated agents that may be employed shall be determined by the applicable local legislation.

The required staff : 1. Chief of monitoring team : • shall be a constructional engineer or an architect who has an experience of not less than 10 years, through which he had supervised similar projects for other donor agencies under the same environmental and social circumstances, I.e., in the rural areas.

• Shall entirely understand the duties of supervision and its architectural, constructional, sanitary and electrical aspects.

• Shall be able to use the engineering programs like Auto CAD, MS Word & excel and MS Project at an excellent level that enables him to communicate with the Chief architect of EQUIP1 – Yemen in a good and quick manner. Furthermore, it is preferred that he is acquainted with ways of preparing financial claims, calculating the quantities and working out explanatory drafting the reports and managing the project through an engineering and accurate manner.

1)

2)

3)

4)

5) 6)

2. Key duties of the chief of monitoring team : Shall visit the project site twice a week, be continuously present in the cases that entail a follow – up of implementing important work stages and shall provide the resident supervisor and the contractor with all instructions needed to proceed the works and prepare for the upcoming works.

Shall work out a timely program that suits the nature of the project and complies with the clauses of the works and the quantities schedules signed by the contractor. The chief shall also discuss the possibility of executing this program and hence direct the contractor to abide by its execution.

Shall made sure of the arrangements related to mobilize the site to start the work, obligate the contractor to meet the safety conditions for all personnel working in the proximate buildings and respect the surrounding environment.

Shall follow up the implementation of the architectural clauses progressively, starting from receiving the samples and delivering patterns of them to the program administration before the approving them.

Shall certify the initial and primary samples before supplying them to the site (sand-aggregate, cement, iron, stone, bricks, floor tiles, carpentry wood, aluminum… etc) Shall follow up the works and specify the mixing rations before embarking on work in cases of (constructing, etc.).

7) Shall receive the important stages of work such as (excavation, backfilling, reinforcements of concretes), issuing a permission for casting the reinforced concrete and drafting written receipts – a copy of which shall be kept in the site record.

8) Shall recruit experts to supervise the implementation of electrical and sanitary works.

9) Shall study and understand the layouts and explain them to the resident technician and the contractor.

10) During the stages of construction the new concrete roofs, the implementation of the electrical installations shall be ensured before casting the concrete. The same thing shall be applicable for any electrical installations in the case of building new walls or numbering them before embarking upon the process of covering.

11) Shall examine the process of sanitation and specifying the standards of sanitary sewerage pipes, inspections rooms and proper outlets.

12) Shall work out architectural, sanitary and electrical plans in accordance with what has been implemented to facilitate future maintenance words.

13) 11111111111 Responsibilities of the site monitoring technician : 1) Shall abide by the continuous presence in the site.

2) Shall monitor and follow up the contractor's works and shall continuously supervise the contractor as to ensure quality of the items, industrialization level and routine of achievement.

The weather and any elements affecting work progress negatively or positively Upon notification, the subcontractor shall submit to the Chief of Party for approval the identity of the person in charge of the monitoring and certification and the list of the personnel he will be supervising on the site. The representatives of the subcontractor will all have the proper authority to make the necessary timely decisions regarding their tasks.

The subcontractor shall be in charge of Terms and conditions The terms and conditions of the subcontract and its attachments/appendices supersede all other terms and conditions except those expressly agreed to in writing by the subcontractor and the contracting agency

Submissions of Bids The subcontractor shall submit his bid by following exactly the bill of materials or building diagram identified in the break down attached to these specifications. Each item must be numbered.