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DELEGATED ADMINISTRATION WORK CONTRACT

CONCLUDED BETWEEN.................and..............(Nit)

Between the undersigned,.........................., of legal age, with domicile in the city of..........,
identified with citizenship card _ _ _ _ _ _ _ _ issued in.............., who in his capacity as _ _
_ _ _ _ _ _ _, duly authorized by...................... of.................., acts on behalf
of..............hereinafter referred to as THE CONTRACTOR, on the one hand, and on the
other hand, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, of legal age,
domiciled in the city of..............., identificado con cédula de ciudadanía _ _ _ _ _ expedida
en _ _ _ _ _, representante legal de (en caso de realizar el contrato con una persona jurídica,
deberá anotarse su razón social) _ _ _ _ _ _ _ _ _ _ en calidad de _ _ _ _ _ _ _, como consta
en el certificado de existencia y representación legal expedido por la Cámara de Comercio
de _ _ _ _ _ , que se anexa a este documento, y quien en adelante se denominará EL
CONTRATISTA, hemos convenido celebrar el presente contrato de OBRA POR
ADMINISTRACIÓN DELEGADA que se regirá por (En cada caso citar las normas
pertinentes) Estatuto General de Contratación, las demás normas que lo adicionen o
modifiquen y las siguientes cláusulas:

FIRST. Objeto: EL CONTRATISTA se obliga a ejecutar por cuenta y riesgo de EL


CONTRATANTE…………….por el sistema de administración delegada, bajo su
inmediata dirección y vigilancia y con su propio personal, las obras necesarias para la
construcción y adecuación de _ _ _ _ _ específicamente debe realizar lo siguiente: _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,tal como se
describe en la propuesta técnica presentada por EL CONTRATISTA el _ _ _ de _ _ _ _ de
_ _ _ _, y que forma parte integral del presente contrato.

Paragraph One: Standards and Technical Specifications: In the execution of the works
that are the object of this contract, THE CONTRACTOR shall adhere to the standards and
technical specifications, plans and designs, etc., supplied by THE CONTRACTOR. This
party may make changes to the plans and specifications for the work for convenience,
design-related factors or special events. These modifications shall be agreed upon by means
of minutes of modification signed by the auditor and THE CONTRACTOR.

Paragraph Two: The present contract is understood as delegated administration without


representation.

Paragraph Three: THE CONTRACTOR declares to have visited the site where the works
will be carried out.

SECOND. Obligations of THE CONTRACTOR: THE CONTRACTOR undertakes to


perform the following activities:
1. To personally exercise the technical and administrative supervision of the personnel
employed in the development of the work object of the contract.

2. Communicate in a timely manner to the financial controller the pre-contractual


circumstances or those arising in the development of the contract, which may affect the
object thereof, the stability of the work or the correct fulfillment of its obligations, whatever
the cause or origin, and suggest through him the possible solutions, under penalty of
constituting grounds for termination of the contract for breach of contract.

3. Remain the necessary time on site during the execution of the work, in order to comply
with all the requirements of the previous point.

4. Designate and maintain at the job site, for the necessary time, a registered engineer or
Architect, with sufficient authorization to represent it and act on its behalf, and in general
with powers to solve problems arising during the execution of the contract.

5. Acquire or lease, with the prior approval of the Comptroller, the materials, tools,
elements and equipment for the construction of the work in due time and under the most
favorable conditions for THE CONTRACTOR in all matters relating to quality and price,
assigning to him the benefit of all rebates, commissions and discounts that he may obtain
for any reason and assuming responsibility for the payment of sales tax and all other
indirect taxes to which the acquisitions may give rise with the purchases with the materials,
tools, elements and equipment of the work.the benefit of all rebates, commissions and
discounts that it may obtain for any reason and assuming the responsibility for the payment
of the sales tax and all other indirect taxes to which the purchases with the funds of the
work may give rise.

6. To execute the work object of this contract in its entirety, in accordance with the
specifications given to it by THE CONTRACTOR.

7. To hire the personnel of highly qualified workers that in its judgment is necessary for the
good progress of the works, with prior approval by the supervising agency.

8. Submit for approval of THE CONTRACTOR all the personnel that will work in the
work and remove any worker that, in the judgment of the controller, is not considered
convenient for the good progress of the works.

9. Pay the salaries, social benefits, indemnifications and other legal, conventional and extra-
legal obligations in favor of its workers of the personnel it employs in the construction,
being its responsibility the compliance of all labor obligations to which this contract gives
rise, and deliver to THE CONTRACTOR the respective statements of good standing.

10. To affiliate its workers to the General Social Security System for Health, Pensions and
Professional Risks and to make the timely payment of the contributions of each of its
employees, a fact that will be proven with the monthly presentation of the respective
proofs.
11. Pay for its own account, the general expenses of maintenance, organization and
personnel other than those working on the site.

12. Enter into any sub-contracts that may be necessary, with the prior written authorization
of the financial controller, it being understood that none of the sub-contractors, nor the
personnel employed by them may be considered as employees of THE CONTRACTOR,
who shall not have any labor relationship or responsibility whatsoever with them. THE
CONTRACTOR shall not enter into any subcontract on behalf of THE CONTRACTOR
and undertakes to expressly mention its status as agent without representation in all
subcontracts it enters into. THE CONTRACTOR may only subcontract everything that
does not imply the execution of the entire object of this contract.

13. To clearly and accurately keep the accounting and statistics of the work and to provide
a biweekly report of the work to THE CONTRACTOR, together with all the supporting
documents that justify it.

14. To demand from subcontractors the customary guarantees for the management of funds
and compliance with the contract, stability and benefits if applicable; compliance with the
payment of salaries and benefits of the personnel in their charge, as well as affiliation to the
General Social Security System for health, pensions and professional risks.

15. Provide all workers with life insurance that covers personal accidents and indemnities.

16. Execute the quality tests of the materials used required by the supervision, in authorized
laboratories and at THE CONTRACTOR's expense.

17. To be liable to THE CONTRACTOR for the quality of the work and for all cost
overruns caused by technical, construction or administrative errors or any other failure
resulting from THE CONTRACTOR's fault or willful misconduct.

18. Submit to THE CONTRACTOR, through the comptroller, with sufficient anticipation,
the request for the supply of funds, in accordance with the expenditure and investment
program.

19. Ensure the adequate maintenance, safety and control of all materials on site, contracting
the necessary surveillance.

20. Submit for approval of the financial controller any work plans to be carried out during
overtime or holidays.

21. Carry out visits as required in association with the financial controller.

22. To provide the financial controller, when requested, with written reports on the status of
the work and the work program of the same.
23. To be liable before third parties or other contractors for damages caused to it, when
such damages are caused by causes attributable to THE CONTRACTOR.

24. Properly store and conserve all materials, tools, equipment, etc. that are acquired for the
work, ensuring that the warehouseman provides adequate guarantee of his work.

25. To make payment of all accounts and obligations incurred in the course of the work
from the monies of the Revolving Fund.

26. Comply with all tax obligations arising from the nature of this contract. In this regard, it
shall withhold the appropriate withholding tax on the payments made in the development of
the contract on its behalf. THE CONTRACTOR shall prove to THE CONTRACTOR that
it deposited the withholding on such payments, attaching an authentic photocopy of such
deposit.

THIRD. Term, suspension and extension: THE CONTRACTOR undertakes to perform the
works under this contract within a term of _ _ _ _ _ _ _ _ (_ _ _ _) months, as from the
initiation certificate, which must be signed after the legalization of the contract. The term of
the contract may be suspended by unilateral decision of THE CONTRACTOR and by
circumstances of force majeure or fortuitous event, event for which it may, by mutual
agreement between the parties, temporarily suspend the performance of the contract by
drawing up a record of such events, signed by the comptroller, THE CONTRACTOR and
THE CONTRACTOR, a copy of which shall be sent to the Special Audit Office.The parties
may, by mutual agreement, temporarily suspend the performance of the contract by means
of the preparation of a record of such events, signed by the financial controller, THE
CONTRACTOR and THE CONTRACTOR, a copy of which shall be sent to the Special
Audit. When the work is resumed, a report signed by those who signed the suspension
report shall be prepared, which shall be forwarded to the Special Audit Office for its
competence. The term may also be extended by mutual agreement between the parties,
prior to the expiration of the contract, by means of minutes approved by the authorizing
officer of the expenditure of this contract, which shall be perfected with the signature of the
financial controller and THE CONTRACTOR.

FOURTH. Work programs: Within the first month of the work THE CONTRACTOR shall
submit a general program of the work and of the supplies necessary for its execution, which
shall be approved by THE CONTRACTOR and the supervision. In addition, THE
CONTRACTOR shall submit to THE CONTRACTOR's satisfaction, on a monthly basis,
the detailed programs to execute the work in the following month. If THE CONTRACTOR
does not timely deliver the work programs mentioned above, THE CONTRACTOR may
impose the fines referred to in Clause Eighteen of this contract. Paragraph: In the event that
the fine established in this clause becomes enforceable, THE CONTRACTOR may deduct
its value from the sums owed to THE CONTRACTOR for the performance of the works
under this contract.

FIFTH. Supervision: The supervision of the execution of the contract will be exercised
through a supervisory committee composed of (name), (position), (title), (identification),
(registration), or whoever takes their place, which in addition to fulfilling the functions
indicated in the laws, resolutions, ........, shall:...................

SIXTH. Surveillance of the contract: Surveillance of the execution of the contract shall be
exercised through a supervisory committee composed of (name), (position), (title),
(registration), or whoever takes their place, which in addition to fulfilling the functions
indicated in the rules such ........., shall:

1. To ensure that there is no delay in the execution of the works;

2. Verify strict compliance with the plans and specifications, and may call THE
CONTRACTOR'S attention and reject the work or parts thereof that do not comply with
the technical standards, or due to the manner of execution.

4. Contractor's use of improper procedures;

5. Compliance with the security and control measures to be adopted by THE


CONTRACTOR.

5. Request the withdrawal or change of personnel when, in its opinion, it is convenient for
the development of the works;

6. Approve or reject the accounts submitted by THE CONTRACTOR, warning that without
its approval THE CONTRACTOR may not order payment thereof.

7. Approve or reject the work plans or programs to be executed by THE CONTRACTOR


and authorize the modifications thereof if necessary.

8. Take samples of materials, mixtures, etc., and order such quality or resistance tests as it
may deem convenient, at THE CONTRACTOR's expense.

9. Communicate its orders in writing and confirm by the same means the verbal instructions
given to THE CONTRACTOR.

10. To agree on any extra works required and approve the prices to be paid for the same, all
of which shall be subject to the final approval of the Authorizing Officer.

11. Review each week during the immediately preceding week, the payrolls of the plant
personnel linked to the work, demanding the clarifications of the case, with the purpose of
giving prior approval.

12. Submit a study and resolution of the table of wages and salaries for site personnel and
the modification thereof that may arise during the execution of the work.

13. Elaborate and subscribe:


a. Work initiation minutes, taking into account that THE CONTRACTOR must begin the
execution of the work as from the business day following the execution of the
corresponding minutes, which shall be prepared within three (3) business days following its
legalization.

b. The minutes of partial receipt of the work, including the calculation of any necessary
readjustment.

c. The final act of receipt of the work.

d. El acta de liquidación bilateral del contrato que firmará con el señor (ordenador de gasto
o funcionario delegado)1[1] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , y EL CONTRATISTA. If the
latter does not appear at the liquidation or the parties do not reach an agreement on the
content thereof, it shall prepare the unilateral liquidation minutes and submit them to Mr. _
_________________________________________________
_ _ _ _ _ _ (Authorizing Officer or his delegate)2[2].

14. To require THE CONTRACTOR to implement the safety measures inherent to the
contracted activity, both for the personnel in its charge and for the university community,
for which purpose the auditor shall have the advice requested by the Occupational Risks
Program of the Social Security Department.

15. Verify and record THE CONTRACTOR'S compliance with its obligations during the
entire term of the contract with respect to the Health, Professional Risks, Pensions and
contributions to the family compensation funds, the Colombian Institute of Family Welfare
and the National Apprenticeship Service.

In the event of incomplete contributions, the comptroller shall inform THE


CONTRACTOR, in order to make the corresponding withholding of the amounts due at the
time of liquidation, which shall be directly transferred to the respective regimes, with
priority to the Health and Pension System (Article 50 of Law 789 of December 27, 2002).

16. Resolve any questions presented by THE CONTRACTOR in the performance of the
work.

17. Be attentive to the expiration date of the contract, in order to determine, according to
the needs of the service, the subscription of eventual additions and extensions of the same.

18. Maintain a permanent economic and administrative control, in the integrated process of
losses, supplies, consumption and invoicing.

19. Address to THE CONTRACTOR all communications it deems pertinent in writing.

2
Paragraph 1. In no case shall the approval given to the works by the auditor reduce THE
CONTRACTOR's responsibility or relieve it of any of its legal or contractual obligations,
since the fact of establishing an auditor's office shall in no way be interpreted to mean that
THE CONTRACTOR or the auditor assume the management of the personnel working on
the work.

Paragraph 2. The auditor, his assistants or helpers and the persons authorized by the
UNIVERSITY shall have free access to the work at all times and THE CONTRACTOR is
obliged to provide them with all the information requested.

SEVENTH. Orders in the work: For the best development of the work, it is stipulated that
neither THE CONTRACTOR nor the controller shall give direct orders to the work
personnel. Any observation or recommendation shall be given by the controller to THE
CONTRACTOR or its representative.

EIGHTH. Meetings: As the need of the work so requires, meetings shall be held with the
attendance of a representative of THE CONTRACTOR, THE CONTRACTOR, the
comptroller and other persons deemed convenient by the parties, in order to deal with
matters that lead to a better development of the contract. Such meetings may be called
by ................... or by the Comptroller at any time.

NINTH. Value. The value of the present contract is estimated in the amount of _ _ _ _ _ _
_ _ m. l. ($_ _ _ _ _ _ _ _), resulting from adding to the value set to be invested by THE
CONTRACTOR in the execution of the work, that is to say, the sum of _ _ _ _ _ _ _ _ _
($_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m. l. ($_ _ _
_ _ _ _ _), corresponding to the estimated value to pay THE CONTRACTOR'S fees. The
actual value of the contract shall be more specifically that resulting from the sum of the
following items corresponding to the value of the work performed and the fees charged by
THE CONTRACTOR, as follows:

Value of construction:

Labor. This is the sum of the values of the wages, social benefits, legal subsidies,
contributions that THE CONTRACTOR must pay during the execution of the work,
according to the organization chart and the table of salaries and benefits submitted by THE
CONTRACTOR and approved by THE CONTRACTOR, in accordance with the legal
provisions in force. In the event that the National Government establishes labor
modifications that affect the percentage of legal benefits, such percentage will be modified.
The value of the technical and administrative management of the work is understood to be
included in the value of the fees, only the value of the resident personnel will be
recognized, it shall be the responsibility of THE CONTRACTOR to supply the necessary
designs for the repair. In addition to the firm's personnel costs, all expenses incurred by the
firm in connection with the rendering of services, such as copies, photocopies, laboratory
tests, etc., shall be invoiced at cost, upon presentation of the corresponding receipts.
2. Construction materials: It is the value of all those materials that THE CONTRACTOR
must pay for their procurement, transportation, tax, quality control, handling and storage
used for the execution of the works, it being understood that all discounts and guarantees
obtained in the purchase of these materials are for THE CONTRACTOR. - Construction
equipment: The value of construction equipment is the result of applying the lease rates
approved by the controller for the period that such equipment remains in the service of the
work. -Subcontracts: The value of subcontracts for unit prices is the result of applying the
subcontracted prices, approved by the comptroller, to the quantities of work executed, in
accordance with the plans and specifications.

Labor subcontracts: It is the value resulting from applying the subcontracted labor prices
approved by THE CONTRACTOR. - Other expenses: Are those which, in THE
CONTRACTOR's judgment, are indispensable for the normal development of the works. b)
THE CONTRACTOR shall pay THE CONTRACTOR for fees, the amount of _ _ _ _ _ _ _
_ _ pesos m. l. ($_ _ _ _ _ _ _ _ _), equivalent to _ _ _ _ _ _ _ % of the approximate cost of
construction. The final value of these will be the result of applying said percentage to the
final value of the construction.

Paragraph 1. Notwithstanding the foregoing and if a value has been set for this contract,
taking into account the modality and characteristics of the work that do not allow
specifying the amount of the resulting complementary works, this value may be The
CONTRACTOR, after consulting with the financial controller, shall submit the approval of
such increase to the decision of the Dean of the School of _ _ _ _ _ _ _ _ _, in accordance
with the recommendations made by the Contracts Advisory Board for such purpose.

Paragraph 2. A 10 percent deduction for withholding tax will be made from the amount of
the payment of the agreed fees.

Paragraph 3. All materials purchased by THE CONTRACTOR and supplied to THE


CONTRACTOR for the execution of the works under this contract are also subject to the
accrual of fees. THE CONTRACTOR is obliged to THE CONTRACTOR to submit a
biweekly list, if applicable, of such purchases with their respective receipts, in order to
accrue the fees in the month corresponding to such payments.

Paragraph 4. In determining the fees, no account shall be taken of the amounts to be paid
for indemnities for damages to third parties, repeated works due to construction defects,
municipal, departmental or national taxes or fees of any kind and interest or commissions
for financing the same; the policies, the value of the inventoried goods in the warehouse at
the end of the work, contracting with third parties for the performance of other works that
THE CONTRACTOR considers convenient, according to the CONTRACTOR'S
discretion.The following shall be taken into account: the value of the inventoried goods that
are in the warehouse at the end of the work, the contracting with third parties for the
performance of other works that THE CONTRACTOR considers convenient, according to
the technical concept and that given the specialty THE CONTRACTOR cannot comply
with. Value Added Tax (VAT) payments are exempted from this restriction.
TENTH. Form of payment of the fees: The value of THE CONTRACTOR'S fees shall be
cancelled by THE CONTRACTOR by means of minutes, the acknowledgment of which
shall be made each time the settlement of reimbursement minutes to the management fund
is made.

PARAGRAPH: The delivery of the sums of money to which THE CONTRACTOR is


obliged, shall be subordinated to the appropriations made for the same in the budget.

ELEVENTH. Revolving Fund and provision of monies: At the time of the legalization of
this contract, THE CONTRACTOR shall receive from THE CONTRACTOR, as
Revolving Fund for the management of the work, the amount of _ _ _ __ ($ _ _ _ _ _ _),
upon presentation by THE CONTRACTOR of a management guarantee granted in favor of
THE CONTRACTOR for an amount equal to the sum to be received by THE
CONTRACTOR and with a term of _ _ _ _ _ _ (_ _ _ _ _ _ _ _).a de manejo otorgada a
favor de EL CONTRATANTE por un monto igual a la suma que ha de recibir y con una
vigencia de _ _ _ _ _ (_ _ _ _ _) meses, contados a partir del momento en que reciba el
anticipo y la cual en caso de próThis guaranty shall be granted by an insurance company
legally established in Colombia. The reimbursements from said Revolving Fund shall be
made upon presentation of the list of work expenses by THE CONTRACTOR,
accompanied by the annex of supporting vouchers that shall remain in THE
CONTRACTOR's possession, duly authorized by the construction supervisor. The
Revolving Fund shall be managed by THE CONTRACTOR under its sole responsibility
and shall open a current bank account, which must be cancelled at the time of settlement of
the contract and in accordance with the minutes thereof. All invoices for expenses incurred
in the performance of the contract, previously authorized by THE CONTRACTOR, shall be
charged to this fund.

THE CONTRACTOR shall reimburse the value of the expense reports made against the
fund, so that THE CONTRACTOR may always have it at its disposal. When the last _ _ _ _
_ _ _ _ ($_ _ _ _ _ _ _ _) of the contract value has not been invested, THE CONTRACTOR
shall not continue to reimburse the value of the expenses, but THE CONTRACTOR shall
continue to account for its investment, by means of minutes. The daily movement and the
monthly statement of this account must be permanently available to the Comptroller's
Office or to the Budget Section of THE CONTRACTOR, when required; said account must
be used solely and exclusively for the Revolving Fund of this contract.

TWELFTH. Initiation certificate: Once the contract has been legalized and prior to the
commencement of the works, a certificate of initiation of the works will be drawn up and
signed by the contractor and the construction supervisor. The term of the contract shall
commence on the day following that date.

THIRTEENTH. Work personnel: The contracting parties expressly state that THE
CONTRACTOR is totally independent, for which reason it is the true employer of the
workers it hires for the execution of the works under this contract.
Paragraph: If, due to unpaid labor obligations, THE CONTRACTOR suffers damages to
THE CONTRACTOR, THE CONTRACTOR may claim against THE CONTRACTOR for
the sums paid plus the costs, expenses and damages arising from such circumstance.

FOURTEENTH. Guarantees: THE CONTRACTOR, in order to respond for the


performance of all the obligations it acquires by reason of the contract, shall provide a
single guarantee in favor of THE CONTRACTOR that guarantees:

a. The performance of the contract for fifteen percent (15%) of its value, prior to its
legalization and in force for a term of _ _ _ _ _ _ _ _ (_ _ _ _ _ _ _ _) months.

b. The management and good investment of the advance payment, for 100% of the monies
to be delivered as such, and a term of _ _ _ _ _ _ _ _ _ _ months.

c. Stability and conservation of the work, for fifteen percent (15%) of the value of the work,
plus adjustments and for a term of five (5) years, granted simultaneously with the receipt of
the work.

d. Payment of salaries and social benefits for five percent (5%) of the value of the contract.
It shall be submitted prior to the legalization of the contract and shall be valid for _ _ _ _ _
_ _ _ _ (_ _ _ _ _ _ _ _) months. The approval of this guarantee will be necessary for the
receipt certificate to produce legal and contractual effects.

e. Civil liability insurance for seven percent (7%) of the total value of the contract for
damages to third parties and a term equal to the term of the contract plus two more years.

f. The personnel working at the construction site must be affiliated to one of the health,
pension and professional risk systems in force in the country,

Paragraph: The guarantees referred to in the tenth and thirteenth stipulations, paragraphs
a, b, d, e and f of this contract, shall be delivered to THE CONTRACTOR on the date of
execution of the initiation certificate of the works; the remaining guarantee shall be
delivered simultaneously with the delivery of the works, so that the receipt certificate
produces legal and contractual effects.

FIFTEENTH. Cost of work: All direct or indirect costs of the work, such as materials,
tools, camping, equipment rental, salaries, conventional and extra-legal social benefits,
contributions, surveillance, policy premiums in proportion to the amount to be invested in
the work, etc., will be covered and paid from the Revolving Fund.

SIXTEENTH. Extension of the deadline: THE CONTRACTOR may grant extension of


the term for delivery of the works, when due to circumstances beyond THE
CONTRACTOR's control it finds it justified, such as in the case of additions to the
contract, change in the plans and specifications that delay its execution, prior written report
submitted by the comptroller and prior recommendation of THE CONTRACTOR's
Contracts Advisory Board and through minutes signed by THE CONTRACTOR and THE
CONTRACTOR.
SEVENTEENTH. Assignment of the contract: THE CONTRACTOR may not assign this
contract in whole or in part without THE CONTRACTOR's prior written authorization.
THE CONTRACTOR may not be substituted in whole or in part by third parties in the
performance of its obligations, except as provided in this document regarding subcontracts.
Paragraph: Notwithstanding the authorization to enter into subcontracts, THE
CONTRACTOR shall be liable to THE CONTRACTOR for the quality, durability and
stability of the works.

EIGHTEENTH. Suspension: THE CONTRACTOR may, at its sole discretion, refrain


from undertaking the work or suspend it as many times as it deems convenient, prior
written notice given to THE CONTRACTOR not less than fifteen (15) working days in
advance. In such events THE CONTRACTOR is not obliged to recognize any amount to
THE CONTRACTOR or to the employees supplied by it, profits or expected profits, or any
other indemnities, for any kind of damages, limiting its obligation solely and exclusively to
pay THE CONTRACTOR the basic fees agreed in clause eight of this document, liquidated
in the manner indicated therein and proportionally to the part of the work performed, as
well as to pay THE CONTRACTOR the basic fees agreed in clause eight of this document,
liquidated in the manner indicated therein and proportionally to the part of the work
performed.nly and exclusively to pay THE CONTRACTOR the basic fees agreed in clause
eight hereof, liquidated in the manner indicated therein and proportionally to the part of the
work performed, as well as to acknowledge to THE CONTRACTOR's employees the value
of the work performed up to that time.

NINETEENTH. Fines: If THE CONTRACTOR fails to comply with any or some of the
obligations under this contract, THE CONTRACTOR may impose by means of a reasoned
resolution, successive fines to THE CONTRACTOR for an amount equivalent to one per
thousand of the total value of the contract each time they are imposed in the event of
default or partial noncompliance with the obligations that itThe CONTRACTOR authorizes
its deduction from the amounts owed by THE CONTRACTOR.

TWENTY SEVENTH. Obligations of THE CONTRACTOR: THE CONTRACTOR


assumes the following specific obligations:

1. Deliver to THE CONTRACTOR the resources or funds necessary for the progress of the
work, in accordance with the monthly investment program, and constitute the initial
revolving fund in the amount indicated in Clause Ten.

2. Resolve, through the financial controller, the consultations made by THE


CONTRACTOR.

3. Refrain from giving direct orders on site.

4. Approve or disapprove in a timely manner, within three (3) days of their submission, the
biweekly investment verification and expense reports.
TWENTY-FIRST. Penalty Clause: Pursuant to Article 1592 of the Colombian Civil Code,
THE CONTRACTOR'S noncompliance with its obligation, provided there is no fortuitous
event or force majeure, shall generate in favor of THE CONTRACTOR by way of
indemnification the payment of a sum of money equivalent to ten percent (10%) of the
value of the contract, for which THE CONTRACTOR expressly declares its authorization,
waiving any judicial or extrajudicial injunction.The CONTRACTOR expressly authorizes
THE CONTRACTOR to waive any judicial or extrajudicial requirement for the
constitution in default or for its declaration, for the collection of this penalty clause. This
contract, plus proof of default by any suitable means, shall serve as enforceable title.

TWENTY-SECOND: Technical Committee: The parties agree, if necessary, to form a


technical committee to attend to and assist in the solution of any difficulties or problems
that may arise during the development of the works or to formulate recommendations for
the best execution of the works. Such committee shall be integrated by a representative of
THE CONTRACTOR, a representative of THE CONTRACTOR, the financial controller
and the advisors that may be summoned for the study or analysis of specific aspects. This
committee shall meet at such times as may be requested by any of its permanent members.

TWENTY-THIRD. Final acceptance of the work: On the last day of the original or
modified term, the requested work must be completed to the satisfaction of the
Comptroller. On that day, the final delivery certificate will be drawn up, stating that the
works received comply with the stipulations of the contract and the stability and
conservation policies will be attached to it.

TWENTY-FOURTH. Budgetary Allocation: The delivery of the sums of money to which


THE CONTRACTOR is obliged shall be subordinated to the allocations made in its budget.
It will be charged to the Cost Center ----, from the current fiscal year's budget.

TWENTY-FIFTH. Perfection: This contract is understood to be perfected with the


signature of the parties, the appropriation of the budget and the approval of the
corresponding policies by THE CONTRACTOR.

TWENTY SIXTH: Reimbursement of expenses: Since this is a delegated administration


contract, THE CONTRACTOR shall reimburse THE CONTRACTOR for the expenses
required for the legalization of this contract, including the value of the premiums
corresponding to the guarantees of the contract in proportion to the part to be invested in
the work, discounting the value related to the fees, except for the premiums paid for the
good management of the fund and the value of the expenses paid for the good management
of the fund.The CONTRACTOR shall reimburse THE CONTRACTOR the expenses
required for the legalization of this contract, including the value of the premiums
corresponding to the guarantees of the contract in proportion to the portion to be invested in
the work, discounting those related to the fees, except for the premium paid for the proper
management of the fund and the value of the stamp tax that may be caused by this
document, which shall not be reimbursable.
TWENTY-SEVENTH. Inabilities and incompatibilities: THE CONTRACTOR affirms
under oath, which is understood to have been taken with the signature of the contract, that
he/she is not covered by the causes of inability and incompatibility indicated by the
Constitution, the Law and ..........

TWENTY-EIGHTH. Modification, interpretation and unilateral termination of the


contract: This contract is governed by the clauses of modification, interpretation and
unilateral termination of the contract in favor of THE CONTRACTOR, according to

TWENTY-NINTH. Causes of Termination: This contract shall terminate:

a. Upon expiration of the term provided for in this contract.

b. For assigning or transferring THE CONTRACTOR the present contract without THE
CONTRACTOR's written authorization.

c. Due to force majeure or acts of God.

d. By unilateral decision of THE CONTRACTOR, giving notice to THE CONTRACTOR


fifteen (15) business days in advance, without this generating the payment of compensation
by THE CONTRACTOR.

e. For evasion by the CONTRACTOR, during the performance of the contract, of the total
or partial payment of the contributions to the Health, Professional Risks and Pension
Systems, or of the contributions to the family compensation funds and the National
Apprenticeship Service.

f. In cases of law.

THIRTEENTH. Documents: The following documents are hereby incorporated and are an
integral part of this contract: The plans, designs, technical specifications supplied by THE
CONTRACTOR during the execution of the contract, the proposal submitted by THE
CONTRACTOR, the clearance from the Office of the Comptroller General of the Republic,
the policies with their respective approvals, the receipts of consignment in the Official
Gazette and stamp tax, in the event that, due to the nature of the contract, they are not in
accordance with the terms of the contract.The CONTRACTOR shall also be responsible for
the payment of the contract, the drawings, the technical specifications provided by THE
CONTRACTOR during the performance of the contract, the proposal submitted by THE
CONTRACTOR, the clearance from the Office of the Comptroller General of the Republic,
the bills with their respective approvals, the receipts of deposit in the Official Gazette and
stamp tax, if required due to the amount of the contract, the other documents subscribed
and prepared during the performance thereof.

THIRTY-FIRST. Liquidation: The liquidation of the contract shall be made by the parties
upon presentation by THE CONTRACTOR, of the following documents: 2 copies of the
final receipt of the works, original and two copies of the final act where the summary of the
work executed through THE CONTRACTOR and their respective values appear. The
contractor shall be required to constitute, extend or expand, as the case may be, the
guarantees required in this contract. The minutes shall include a record of:

a. Delivery of the works by THE CONTRACTOR and of the receipt to satisfaction by THE
CONTRACTOR.

b. Reforms in the term and price, if any.

c. The quantities of work executed and their values.

d. Number of partial work receipt certificates.

THE CONTRACTOR has one (1) month from the delivery of the work to submit the
required documentation; if it fails to do so, THE CONTRACTOR shall proceed to make the
liquidation ex officio. The financial controller shall sign the corresponding contract
liquidation minutes.

THE INTERVENTOR has the duty to verify and record THE CONTRACTOR'S
compliance with its obligations during the entire term of the contract with respect to the
Health, Professional Risks, Pensions and contributions to the family compensation funds,
the Colombian Institute of Family Welfare and the National Learning Service. In the event
of incomplete contributions, the comptroller shall inform THE CONTRACTOR, in order to
make the corresponding withholding of the amounts due at the time of liquidation, which
shall be transferred directly to the respective regimes, with priority to the Health and
Pension System (Article 50 of Law 789 of December 27, 2002)".

THIRTY-SECOND. Dispute resolution: The parties agree that if differences arise in the
development of this agreement, they will seek agile and direct solutions to address such
discrepancies. For such purpose, they shall preferably resort to the use of mechanisms for
the direct settlement of contractual disputes, as provided in Article 55 of Superior
Agreement 095 of October 21, 1996, such as out-of-court conciliation, amicable
composition and settlement.

THIRTY-THIRD. Domicile: for all purposes, the city of Medellín is fixed as domicile.

For the record it is signed in the city of Medellín, on the day

THE CONTRACTOR THE


CONTRACTOR
THE INTERVENTOR
HEADER: .................. EXPENDITURE COORDINATOR

Between the undersigned............., of legal age, with domicile in the city of.............,
identified with the identity card..........of............, who in his capacity as......... works in the
name and legal representation of........._ _ _ _ _ _ _, also of legal age, with domicile in the
city of _ _ _ _ _ _, identified with citizen identification card _ _ _ _ _ _ issued in _ _ _ _,
who acts in the name and legal representation of _ _ _ _ _ _, and who acts on behalf of_ _ _
_ _ _ _ _ _, as evidenced by the certificate of the Chamber of Commerce attached hereto
and who for the same purposes shall be called THE CONTRACTOR, we have agreed to
enter into this construction contract for DELEGATED ADMINISTRATION, which shall
be governed by.................and the following clauses:

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