STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

Where the basis of
payment is a
STIPULATED
SUM

THIS AGREEMENT is made effective as of this 5 day of JULY in the year of

2021. BETWEEN Owner:

GLORIA AMOAKWANDOH

(Insert Applicable Address)

And Contractor:
HABRICK LIMITED
PLOT N0 147 OFF THE SPINTEX ROAD

For the following Project: PROJECT NUMBER: HB011

PROJECT TITLE: PROPOSED TWO STOREY RESIDENTIAL BUILDING ACCOUNT
NUMBER:

Project Description: TWO STOREY RESIDENTIAL BUILDING LOCATED

AT KPONE KATAMANSO, SCOPE OF WORK BEING CONSTRUCTION OF
SUB STRUCTURE.

The Contract Sum is: GHC 45,658

Architect is:
CHRISTIAN KWABENA YOROSE

1
Rev. 1/1/10
Owner and Contractor agree as follows:

THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, the Washington

University General Conditions of Contract and any supplementary
conditions, Drawings, Specifications, addenda issued before execution of
this Agreement, other documents listed in this Agreement and Modifications
issued after execution of this Agreement. These form the contract for the
Work, and are as fully a part of the contract as if attached to this Agreement
or repeated herein. Capitalized terms not otherwise defined herein shall
have the same meaning as those set forth in the Washington University
General Conditions of Contract. The Contract Documents represent the
entire integrated agreement between the parties hereto and supersede prior
negotiations, representations or agreements, either written or oral.

THE WORK OF THIS CONTRACT

Contractor shall execute the entire Work described in the Contract

Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others, or as follows: THE
CONTRUCTION OF THE SUBSTRUCTURE FOR THE PROPOSED TWO STOREY
RESIDENTAIL BUILDING LOCATED IN KPONE KATAMANSU.

DATE OF COMMENCEMENT AND SUBSTANTIAL

COMPLETION

3.1. The date of commencement is the date from which the

Contract Time of Paragraph 3.2 is measured, and shall be the date of this
Agreement, as first written above, unless a different date is stated below or
provision is made for the date to be fixed in a notice issued by Owner.

DATE OF COMMENCEMENT: 5TH JULY, 2021

.

3.2. Contractor shall achieve Substantial Completion of the entire

Work not later than 31 working days counting from the date of
commencement. All other things being constant.

(DATE) or (21) CONSECUTIVE CALENDAR DAYS FROM THE DATE OF

COMMENCEMENT ABOVE, subject to adjustments of this Contract Time
as provided in the Contract Documents.
2
OWNER AND CONTRACTOR AGREE THAT TIMELY COMPLETION OF THE
WORK IS OF THE ESSENCE IN THIS AGREEMENT.

3
 BASE BID AND CONTRACT SUM

4.1. Contractor’s base bid was as the sum of 45,658 Ghana cedis

4.2. Owner shall pay Contractor in current funds for Contractor’s

performance of the Work the sum of GHC 45,658) ( “FORTY FIIVE
THOUSAND SIX HUNDRED AND FIFTY-EIGHT GHANA CEDIS), subject t o
additions and deductions as provided in the Contract Documents.

4.3. The Contract Sum is based upon the following alternates, if any,
which are described in the Contract Documents and are hereby accepted by
Owner: ( Insert the alternate number, description and number of
accepted alternates.)

ALTERNATE NO. DESCRIPTION AMOUNT

4.4. Additional alternates which may be accepted following execution of

the Agreement are listed below. Any alternate that is accepted will be the
subject of a Change Order to be executed by Owner and Contractor
(Insert the alternate number, description, amount and the date until
which the alterative amount remains valid)

ALTERNATE NO. DESCRIPTION AMOUNT AMOUNT

REMAINS VALID
UNTIL

4.5. Unit prices, if any, are as follows: ( Either list the agreed upon rates
or attach the unit rates as an exhibit and insert the following language:
“Unit rates for additional work are set forth in Exhibit attached hereto
and incorporated herein by reference.”)

4.6. The Contract Sum includes the following negotiated additional items
which are hereby accepted by Owner: (Insert the item, description and
amount.)

DESCRIPTION AMOUNT

4
4.7. Labor rates for purposes of change orders are as follows: (Either
list the agreed upon labor rates or attach the labor rates as an exhibit and
insert the following language: “Labor rates for additional work are set forth
in Exhibit attached hereto and incorporated herein by reference.”)

Labor rates cannot be modified without Owner’s written approval.

Failure to pro v ide labor rat es in a timely manner w i l l resulting
Owner utilizing its approved labor rates which m a y b e d i f f e r e n t
than Contractor’s
labor rates.
4.8. The percentage for General Conditions allowed to Contractor as part
of any change order shall be five percent (5%).

PROGRESS PAYMENTS

5.1. Applications for payment and progress payments shall be processed

in accordance with Article 26 of the General Conditions. Based upon
Applications for Payment submitted to Owner by Contractor in accordance
with the Contract Documents and Certificates for Payment issued by
Architect, Owner shall make progress payments on account of the Contract
Sum to Contractor as provided below and elsewhere in the Contract
Documents.

5.2. The period covered by each Application for Payment shall be one
calendar month ending on the last day of the month.

5.3. Each Application for Payment shall be based upon the schedule of
values submitted by Contractor in accordance with the Contract Documents
(“Schedule of Values”). The Schedule of Values shall allocate the entire
Contract Sum among the various portions of the Work, as defined in the
Contract Documents and be prepared in such form and supported by such
data to substantiate its accuracy as may be required. This Schedule of
Values, unless objected to by Owner, shall be used as a basis for reviewing
Contractor’s Applications for Payment.

5.4. Applications for Payment shall indicate the percentage of

completion of each portion of the Work as of the end of the period covered
by the Application for Payment.

5.5. Subject to the provisions of the Contract Documents, the amount of

each progress payment shall be computed as follows:

5.5.1. Take that portion of the Contract Sum properly allocable to

completed Work as determined by multiplying the percentage of completion
of each portion of the Work by the share of the total Contract Sum allocated
to that portion of the Work in the Schedule of Values, less retainage of ten
percent (10%);

5
5.5.2. Add that portion of the Contract Sum properly allocable to
materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the completed construction (or, if approved in
advance by Owner, as defined in the Contract Documents, suitably stored
off the site at a location agreed upon in writing), less retainage of ten percent
(10%);

5.5.3. Subtract the portion of the Contract Sum allocable to MBE/WBE

subcontractors and paid directly by Owner;

5.5.4. Subtract the aggregate of previous payments made by Owner to

Contractor; and

5.5.5. Subtract amounts, if any, which Owner may withhold pursuant to

the Contract Documents.

5.6. The progress payment amount determined in accordance with

Paragraph 5.5 shall be further modified under the following circumstances:

5.6.1. Reduction or limitation of retainage, if any, shall be as follows: (If it

is intended, prior to Substantial Completion of the entire Work, to
reduce or limit the retainage resulting from the percentages
inserted in Subparagraphs 5.5.1 and 5.5.2 above, and this is not
explained elsewhere in the Contract Documents, insert here
provisions for such reduction or limitation.)

5.7. Owner and Contractor agree that payments due under the Contract
Documents shall not bear interest.

5.8. Payment by Owner to Contractor of any monies pursuant to this

Paragraph shall not constitute a waiver of any remedies which Owner may
otherwise have against Contractor for any failure of Contractor to perform in
accordance with the Contract Documents.

6
 FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Contract

Sum, shall be made by Owner to Contractor when (1) the Work has been
fully performed by Contractor; (2) Contractor has delivered the required
documents set forth in Article 33 of the General Conditions; and (3) a final
Certificate of Payment has been issued by Architect. Owner shall make such
final payment to Contractor not more than thirty (30) days after the issuance
of Architect’s final Certificate for Payment.

TERMINATION AND SUSPENSION

7.1. Termination by Owner for Cause. Owner may terminate this

Agreement, upon seven (7) days’ written notice to Contractor, under any of
the following circumstances: (a) Contractor fails or neglects to perform its
work or services in accordance with the terms of the Contract Documents
and fails to commence, continue and make reasonable progress, as
determined by Owner, towards the correction of such nonperformance or
breach within such seven (7) days after the date of Owner’s notice of intent
to terminate, or (b) Contractor files or consents to the filing of a petition or
complaint commencing a bankruptcy or other insolvency proceeding filed
against it, or fails to have a petition or complaint in bankruptcy or other
insolvency proceeding filed against it by a third-party dismissed within
forty-five (45) days after it is filed, or makes a general assignment for the
benefit of its creditors.

7.2. Owner’ s R e m e d i e s U p o n T e r mi natis on f or C a u s e . In

the event of termination of this Agreement pursuant to Section 7.1 above,
Contractor shall be entitled to no further payments from Owner and shall be
responsible to Owner for all costs, expenses and damages incurred by
Owner as a result of Contractor’s failure to perform the Work in accordance
with the Contract Documents as required by the provisions herein, including
the costs associated with completing the Work through a replacement
contractor. After all such costs, expenses and damages have been paid to
Owner, Contractor shall be entitled only to such amounts as may then
still be owing to Contractor pursuant to the Contract Documents (after
deduction of such costs, expenses and damages) for the Work actually
and properly performed by Contractor as of the date of termination,
measured by the percentage of completion achieved by Contractor in
connection with each applicable work category as set forth in the Schedule
of Values.

7.3. Termination by Owner for Convenience. In addition to the

reasons set forth in the
Section 7.1 above, Owner may terminate this Agreement without cause (at
any time) upon seven (7) day written notice to Contractor. In the event
Owner so terminates this Agreement, Contractor shall be entitled to
7
payment for the Work actually and properly performed by Contractor as of the
date of the written notice of termination, measured by the percentage of
completion achieved by Contractor in connection with each applicable work
category as set forth in the Schedule of Values. Further, in the event
Owner so terminates this Agreement, Owner agrees to pay for services,
materials and supplies ordered by Contractor prior to the date of written
notice of termination, for use in connection with the Project, and necessary
for the reasonable discharge of Contractor’s responsibilities under this
Agreement, or, if applicable, cancellation charges for such services, materials
and supplies, to the extent such services, materials and supplies cannot be
discontinued by Contractor without cost or penalty upon notice of termination
and for the reasonable value (based on purchase or rental as applicable) of
any equipment retained by Owner and the reasonable costs of cleanup,
removal of debris and removal of equipment, trailers and machinery used at
the site of the Project incurred as a result of the termination. Any
termination of this Agreement by Owner for because that is later
determined to be unjustified shall be treated as a termination for
convenience.

7.4. Suspension by Owner. Owner may order Contractor to

suspend, delay or interrupt the Work, in whole or in part, for any reason and
for such period of time as Owner may determine. Upon resumption of the
work, an adjustment shall be made for any increases in the cost of
performance of the Work, including profit on the increased cost of
performance resulting from the suspension, delay or interruption ordered by
Owner. However, no adjustment shall be made to the extent: (1) that
performance is, was or would have been so suspended, delayed or
interrupted by another cause for which Contractor is responsible; or (2) that
an equitable adjustment is made or denied under another provision of the
Contract Documents (except as to costs and expenses paid by Contractor to
its Subcontractors and materialmen).

7.5. Suspension by Contractor. Contractor may suspend the

performance of the Work under this Agreement if Owner fails to make
payment to Contractor of any amounts that are not in dispute, within thirty
(30) days after such undisputed payment is due, for Work performed by
Contractor and accepted by Owner pursuant to the Contract Documents. In
such event, Contractor may, upon seven (7) days written notice to Owner,
suspend the performance of the Work under this Agreement. Unless such
payment is thereafter received by Contractor within seven (7) days, the
suspension shall take effect without further notice to Owner. In the event
of a suspension of Work pursuant to this Section 7.5, Contractor shall have
no liability to Owner for delay or damage caused to Owner because of
suspension of the Work, and upon resuming performance, shall be entitled to
a Change Order addressing increases in the cost of performance of the Work

8
including profit on the increased cost of performance resulting from such
suspension.

7.6. Termination by Contractor. Contractor may terminate this

Agreement if (a) Owner fails to make payment to Contractor of any amounts
that are not in dispute, within thirty (30) days after suspension pursuant to
Section 7.5; (b) Owner suspends the Work for more than one hundred eighty
(180) consecutive days; or (c) Owner breaches any other material
obligation of Owner herein and fails to correct such breach within thirty
(30) days of notice or if such breach cannot be corrected in such thirty (30)
day period, Owner fails to commence, continue and make reasonable
progress towards the correction within thirty (30) days after such notice. In
such event, Contractor may, upon seven (7) days’ written notice to Owner,
terminate this Agreement, unless, as applicable, such payment is thereafter
received by Contractor, the suspension is lifted, the breach is corrected, or
Owner has commenced correction and is making reasonable progress
towards correcting, which termination shall take effect without further notice
to Owner.

7.7. Contractor Remedies Upon Termination. Upon termination of this

Agreement pursuant to Section 7.6 above, Owner shall pay Contractor for all
Work performed by Contractor up to and including the date of termination
and accepted by Owner pursuant to the Contract Documents, which
amount shall be measured by the percentage of completion achieved by
Contractor in connection with each applicable work category as set forth in
the Schedule of Values. Further, in the event of such termination, Contractor
shall be paid for services, materials and supplies ordered prior to the date of
termination by Contractor, for use in connection with the Project and
necessary for the reasonable discharge of Contractor’s responsibilities under
this Agreement or, if applicable, cancellation charges for such services,
materials and supplies, to the extent such services, materials and supplies
cannot be discontinued by Contractor without cost or penalty upon notice of
termination. Notwithstanding the foregoing, Contractor shall have the duty
to mitigate all such damages resulting from such termination. Contractor shall
be entitled to no other costs, damages or expenses in connection with the
termination of this Agreement except as provided by law.

7.8. Sole Remedy. Contractor’s sole and exclusive rights in the

event of termination or suspension shall be those set forth in this Article,
and Contractor shall be entitled to no additional compensation and shall
have no additional or other rights of any kind, type or nature arising out of
or under this Agreement by virtue of such termination or suspension.

7.9. Drawings. Upon termination of this Agreement for any reason,

Contractor shall within seven (7) days after the date of the notice of
termination, deliver to Owner, at no additional charge, a complete set of all
original Drawings, Specifications, operations and maintenance manuals,
Coordination Drawings, Submittals, shop drawings, and CAD files prepared
for the Project by or through Contractor prior to the date of termination.
Upon delivery of such documents, Contractor, for itself and on behalf of its
Subcontractors, assigns to Owner any intellectual property rights that
9
 Contractor or its Subcontractors may have in such original Drawings and
Owner shall have the right to use such documents and the ideas and
designs contained therein for the completion of the Project and for
information and reference in connection with Owner’s use and occupancy
of the Project without compensation to Contractor (except as otherwise
provided herein) provided such termination has occurred in accordance
with this Article 7.

ENUMERATION OF CONTRACT
DOCUMENTS

8.1. The Contract Documents, except for Modifications issued after

execution of this
Agreement, are
enumerated as follows:

8.1.1. This Standard Form of Agreement Between Owner and Contractor.

8.1.2. Habrick Limited General Conditions of Contract and all exhibits

attached thereto (the “General Conditions”).

8.1.3. The Supplementary Conditions of the Contract are those contained

in the Project Manual dated , and are as
follows: (Either list the Supplementary Conditions here or attach
a list of the Supplementary Conditions as an exhibit and insert the
following language: “The list of the Supplementary Conditions is
forth in Exhibit attached hereto and incorporated herein by
reference.”)

Document Title Pages Date

10
 8.1.4. The Specifications are those contained in the Project Manual
referenced in 8.1.3, above and are as follows: (Either list the
Specifications here or attach a list of the Specifications as an
exhibit and insert the following language: “The list of the
Specifications is set forth in Exhibit attached hereto and
incorporated herein by reference.”)

Section Title Pages Date

8.1.5. The Drawings are as follows, and are dated

unless a different date is shown below: (Either list the Drawings here or
attach a list of the Drawings as an exhibit and insert the following
language: “The list of the Drawings is set forth in Exhibit
attached hereto and incorporated herein by reference.”)

Number Title Date

HB011 Permit Drwaings 26/July,2021

11
8.1.6. The addenda, if any, are as follows: (Either list the addenda
here or attach a list of the addenda as an exhibit and insert the
following language: “The list of the Addenda is set forth in Exhibit
attached hereto and incorporated herein by reference.”)

Additionally, Contractor shall use reasonable and good faith efforts to ensure
that minority and women business enterprises and qualified ethnic minorities
and women have a meaningful opportunity to participate in the Work.
Contractor will routinely meet with and report its efforts in these areas to
Owner. Contractor will work cooperatively with Owner’s Office of Supplier
Diversity to document its good faith efforts and to address areas of concern,
if any.

MISCELLANEOUS PROVISIONS

10.1. This Agreement represents the entire and integrated

agreement between the parties hereto and supersedes all prior
negotiations, representations or agreements either written or oral.
This Agreement may be amended or modified only by a written instrument
executed by Owner and Contractor.

10.2. Contractor shall not assign or transfer any interest in this

Agreement without the prior written consent of Owner which may be
granted or withheld in its sole discretion. Owner may assign and/or transfer
its interest in this Agreement at any time (a) without the consent of
Contractor to any affiliate of Owner, and/or to any partnership or joint
venture in which Owner or its affiliate shall be a general partner or a
venturer, and (b) with the consent of Contractor, which consent shall not be
unreasonably withheld or delayed, to any other person or entity; provided,
however, that in the event of any assignment or transfer pursuant to (a) or
(b) above, Owner shall be liable to Contractor for payments to be made
hereunder. The term "affiliate" shall be deemed to refer to all entities in a
direct or indirect parent, subsidiary or corporate relationship to Owner."

10.3. The paragraph titles, headings and captions contained in this

Agreement are used for convenience and reference only and are not
intended and shall not in any way enlarge, define, limit or extend the rights
or obligations of the parties or affect the meaning or construction of this
Agreement or any provision of the Contract Documents.

10.4. In case any provision of this Agreement is held to be invalid,

illegal or unenforceable, the validity, legality and enforceability of all
remaining provisions shall be not affected.

10.5. The duties and obligations imposed by this Agreement, and

the rights and remedies available hereunder, shall be in addition to and not

12
in limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.

10.6. This Agreement shall be governed by the laws of the State of

Missouri.

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING

MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT
IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS
THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429,
RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR
"LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR
SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT.
FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING
FOR LABOR AND MATERIAL TWICE.

(The remainder of this page is intentionally left blank.)

WHEREFORE, this Agreement is entered into as of the day and year first
above written.

OWNER CONTRACTOR

…………………………… …………………………………..
GLORIA AMOKWADOH HABRICK LIMITED

WITHNESS WITHNESS

……………………………. ………………………………………

13