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Addendum No.2 Combined Final.

Addendum No. 2 for the Earthworks/Civil Works Packages at Bishoftu International Airport includes revisions to various sections of the tender documents, including conditions, forms, and contract agreements. It specifies new pages to replace outdated ones and introduces layout drawings for accommodation facilities. Additionally, it outlines the eligibility criteria for tenderers and the procedures for submission and modifications of tenders.

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0% found this document useful (0 votes)
145 views46 pages

Addendum No.2 Combined Final.

Addendum No. 2 for the Earthworks/Civil Works Packages at Bishoftu International Airport includes revisions to various sections of the tender documents, including conditions, forms, and contract agreements. It specifies new pages to replace outdated ones and introduces layout drawings for accommodation facilities. Additionally, it outlines the eligibility criteria for tenderers and the procedures for submission and modifications of tenders.

Uploaded by

sajinjunior1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

EWP: Earthworks / Civil Works Packages for

Bishoftu International Airport

ADDENDUM NO. 2

ET24167-0102D August 2025


[Link]
EWP: EARTHWORKS / CIVIL WORKS PACKAGES FOR

BISHOFTU INTERNATIONAL AIRPORT

ADDENDUM NO. 2

TABLE OF CONTENTS
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

EWP: EARTHWORKS / CIVIL WORKS PACKAGES FOR


BISHOFTU INTERNATIONAL

TABLE OF CONTENTS (TOC)

ALL EWP PACKAGES

VOLUME 1 TENDER CONDITIONS AND PROCEDURES

VOLUME 1 TENDER FORMS

VOLUME 1 APPENDIX TO TENDER

VOLUME 1 CONDITIONS OF CONTRACT

VOLUME 1 CONTRACT AGREEMENT

EWP2

VOLUME 2 APPENDIX A

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 1 of 1


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

EWP: EARTHWORKS / CIVIL WORKS PACKAGES FOR

BISHOFTU INTERNATIONAL

ADDENDUM NO. 2

The following information and/or responses to queries received from tenderers shall be
considered part of the Tender Documents.

TENDER CONDITIONS AND PROCEDURES VOLUME 1

Replace the following Section/Pages:

Section Pages

2.2.1 2
2.2.3 4

with the new revised enclosed Section/Pages:

Section Pages

2.2.1 2
2.2.3 4

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 1 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

TENDER FORMS VOLUME 1

Replace the following Section/Pages:

Section Pages

3 (Section Note) 1
3.2.4 10

with the new revised enclosed Section/Pages:

Section Pages

3 (Section Note) 1
3.2.4 10, 11, 12

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 2 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

APPENDIX TO TENDER VOLUME 1

Delete and replace the Appendix to Tender in its entirety with the revised version provided in this
Addendum (Volume 1, Section 3.4).

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 3 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

CONDITIONS OF CONTRACT VOLUME 1

Replace the following Section/Pages:

Section Pages

4.4 6
18.1 24
18.4 25, 26

with the new revised enclosed Section/Pages:

Section Pages

4.4 6, 7
18.1 24
18.4 25, 26

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 4 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

CONTRACT AGREEMENT VOLUME 1

Delete and replace the Contract Agreement in its entirety with the revised version provided in this
Addendum (Volume 1, Section 5).

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 5 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2

EWP2

VOLUME 2C- APPENDIX A

Add the following layout drawings as APPENDIX A to Volume 2c: Offices and Accommodation
Facilities (OAF) at the Construction Site.
- ET24167-0102D-EWP2-BLD-CD-AR-L00-100-REV0
- ET24167-0102D-EWP2-BLD-CD-AR-L01-100-REV0
- ET24167-0102D-EWP2-BLD-CD-AR-L02-100-REV0
- ET24167-0102D-EWP2-BLD-CD-AR-L02-101-REV0
- ET24167-0102D-EWP2-BLD-CD-AR-L03-100-REV0
- ET24167-0102D-EWP2-BLD-CD-AR-L04-101-REV0

ADDENDUM NO. 2 - TABLE OF CONTENTS A2/TC - Page 6 of 6


ET24167-0102D-EWP-INF-TD-PMC-ADD- 02
ADDENDUM NO. 2

ENCLOSURES
Earthworks Package for Bishoftu International Airport
June August 2025

2. TENDER CONDITIONS AND PROCEDURES

2:1 TENDER DOCUMENTS

2.1.1 DOCUMENTS COMPRISING THE TENDER:

The following documents comprise the Tender to be submitted by Tenderers:

Volume 1: Conditions of Contract.


1. Instructions To Tenderers (ITT)
2. Tender Conditions and Procedures
3. Tender Forms and Appendix to Tender
4. Conditions of Contract (General Conditions and Particular
Conditions)
5. Contract Agreement
6. Contract Guarantees

Volume 2a: Scope of Works

Volume 2b: Technical Specifications

Volume 2c: Minimum Requirements for Design and Construction of

Accommodation Facilities (OAF) at the Construction Site

Volume 3: Detailed Drawings

Volume 4: Method of Measurement and Bill of Quantities

Volume 5: Geotechnical Reports

and any other information required to be submitted in accordance with the Tender Conditions
and the Specifications.

2.1.2 DETAILS TO BE CONFIDENTIAL: The Tenderer shall treat the Tender


Documents as private and confidential (except as may be necessary for the purpose of
tendering) and shall not publish or disclose the same or any particulars thereof in any trade
or technical paper or elsewhere. The Tender Documents shall not be used for any purpose
other than that for which they are intended.

2.1.3 EXAMINATION OF DOCUMENTS: The Tenderer shall examine all documents for
completeness and clarity. If any part is missing or indistinct, he shall inform the Engineer.

Tender Conditions and Procedures 2 - Page 1 of 16 Rev. 2


Volume 1 Contract Agreement and Conditions of Contract
Earthworks Package for Bishoftu International Airport
June August 2025

2.1.4 DISCREPANCIES: If the Tenderer finds any ambiguities in the documents or


discrepancies between documents or any other matters that are unclear, he shall inform the
Engineer, who will respond with an addendum.

2.1.5 CLARIFICATION: If the Tenderer requires any clarification of the Tender


Documents, he shall notify the Employer in writing.

The Employer will respond to any request for clarification he receives earlier than fourteen
(14) days prior to the date for submission of tenders.

Copies of the Employer's response (including a description of the enquiry but without
identifying its source) will be sent to all Tenderers.

In writing, or
Email or
Published via EAG official website

2.1.6 AMENDMENT: At any time prior to the original or extended date for submission of
tenders, the Employer may, whether at his own initiative or in response to a clarification
requested by a Tenderer, modify the Tender Documents by the issue of addenda.

2.1.7 ADDENDA will be in writing and will be sent to all Tenderers and will be binding
upon them. Tenderers shall promptly acknowledge receipt thereof in writing to the Engineer.

2.2 ELIGIBILITY, EVIDENCE OF ELIGIBILITY AND BASIS OF TENDER

2.2.1 ELIGIBILITY:

a) General Eligibility: Contractors currently engaged in more than two (2) ongoing
projects with Ethiopian Airlines Group whose project accomplishment stands at
less than eighty percent (80%) of the approved project plan, provided there are
no site possession issues attributable to the Employer, and contractors who have
been served with a notice or intent of termination, are not eligible to participate
in this tender. Each Tenderer shall complete and sign the Form of Declaration of
Eligibility (Tender Schedule 3.2.1).

a)b) Specific Qualification Requirement Domestic Subcontractors: Tenderers


shall propose a minimum of two domestic Subcontractors they propose to engage
each meeting the specified criteria, including evidence of GC-1 registration,
relevant experience, and owned equipment, together with a letter of intent or
agreement from each. (Tender Schedule 3.2.4).

Tender Conditions and Procedures 2 - Page 2 of 16 Rev. 2


Volume 1 Contract Agreement and Conditions of Contract
Earthworks Package for Bishoftu International Airport
June August 2025

d) Breakdown of Lump Sum Amounts and Unit Prices (Tender Schedule 3.2.10).

e) Daywork Schedule (Tender Schedule 3.2.11).

f) Cashflow Chart(s) (Tender Schedule 3.2.12).

g) Optional Financial Arrangement (Tender Schedule 3.2.13)

2.2.4 JOINT VENTURES (JV): The JV shall be composed of two (2) companies only. A
tender submitted by a joint venture shall comply with the following requirements:

a) The tender shall include all the information listed in Sub-Clause 2.2.1 and 2.2.2.
above for each joint venture partner.

b) In the case of a successful tender, the Agreement shall be signed so as to be legally


binding on all partners.

c) One of the partners shall be nominated as being in charge, and this authorisation shall
be evidenced by submitting a power of attorney signed by legally authorised
signatories of all the partners.

d) The Partner in charge shall be authorised to incur liabilities and receive instructions
for and on behalf of any and all partners of the joint venture, and the entire execution
of the Contract, including payment, shall be done exclusively with the partner in
charge.

e) All partners of the joint venture shall be liable jointly and severally for the execution
of the Contract and a relevant statement to this effect shall be included in the
authorisation mentioned above, as well as in the Letter of Tender.

f) A copy of the agreement entered into by the joint venture partners shall be submitted
with the tender.

2.2.5 ONE TENDER PER TENDERER: Each Tenderer shall submit only one tender in
the same tender process, either individually as a Tenderer or as a partner in a joint venture.
No Tenderer can participate in the same tender process as a Subcontractor while submitting
a tender individually or as a partner of a joint venture. A firm, if acting in the capacity of
Subcontractor in any tender, may participate in more than one tender, but only in that
capacity. A Tenderer who submits or participates in more than one tender will cause all
proposals in which the Tenderer has participated to be disqualified.

2.2.6 CONFLICT OF INTEREST: A Tenderer shall not have a conflict of interest. Any
Tenderer found to have a conflict of interest shall be disqualified. A Tenderer may be
considered to have a conflict of interest for the purpose of this Tendering process if:

a) directly or indirectly controls, is controlled by or is under common control with


another applicant; or

b) receives or has received any direct or indirect subsidy from another Applicant; or

Tender Conditions and Procedures 2 - Page 4 of 16 Rev. 2


Volume 1 Contract Agreement and Conditions of Contract
Earthworks Package for Bishoftu International Airport
June August 2025

necessary to comply with these instructions. The Documents shall be signed, dated, priced
and completed and returned as described in Tender Conditions and Procedures, together with
all information listed in Section 2.1 Item 2.1.1.

2.8.2 DELIVERY OF TENDERS: Each set of the Tender Documents the "ORIGINAL" and

ENVELOPE NO. 1 and ENVELOPE NO. 2, which shall be sealed in an outer package as
follows:

a) ENVELOPE nature.

b) including:
The Priced Letter of Tender, together with any offered discount, signed and
stamped by the authorized signatory of the Tenderer;
The Bills of Quantities.
Breakdown of Lump Sum Amounts and Unit Prices.
Daywork Schedule
Cash Flow Chart(s).
Optional Financial Arrangement.

2.8.3 SEALING AND MARKING OF ENVELOPES: The package and inner envelopes
shall:

a) be sealed in an outer package which shall be addressed to the Employer and delivered
by hand at the following address:

Ethiopian Airline Group


Addis Ababa Bole International Airport,
[Link] 1755,
Tel. +251-11-517-8370 or +251-11-517-8128,
Addis Ababa, Ethiopia

and shall bear the following identification.

TENDER DOCUMENTS FOR

EARTHWORKS / CIVIL WORKS PACKAGE FOR BISHOFTU


INTERNATIONAL

DO NOT OPEN WITHOUT AUTHORITY

The inner Envelopes Nos. 1 and No. 2 shall bear the name and address of the Tenderer but
the outer package shall not bear any marking which could identify the Tenderer.

The Tender Security, ORIGINAL and the COPY, shall be delivered in separate envelopes
attached to Envelopes Nos. 1 and No. 2 respectively.

Tender Conditions and Procedures 2 - Page 10 of 16 Rev. 2


Volume 1 Contract Agreement and Conditions of Contract
Earthworks Package for Bishoftu International Airport
June August 2025

2.8.4 TIME LIMIT FOR SUBMISSION OF TENDERS: The tender must be received by the
Employer at the address stated above on the date and time mentioned in the invitation to
tender.

2.8.5 EXTENSION OF TIME LIMIT: The Employer may, at his discretion, extend the
time limit for the submission of tenders by issuing an amendment, in which case all rights
and obligations of the Employer and the Tenderer previously subject to the original time
limit shall thereafter be subject to the new time limit as extended.

2.8.6 LATE TENDERS: A tender received by the Employer after the prescribed time limit
for submission of tenders will be returned unopened to the Tenderer.

2.8.7 MODIFICATION AND WITHDRAWAL OF TENDER: Subject to Section 2.9,


Clause 2.9.3 hereof, no tender may be modified after the deadline for submission of tenders.
Withdrawal of a tender during the interval between the time limit for submission of tenders
and expiry of the period of tender validity may result in the forfeiture of the tender security.

2.8.8

and Commercial Proposal in full compliance with the Tender Documents, unqualified and
unconditional, and forming the sole basis for evaluation and award.

The Tenderer may, in addition to submitting a fully compliant and unconditional Base Tender,
submit information on proposed financing arrangements intended to facilitate execution of the
Contract (Tender Schedule 3.2.12).
Such information shall:
- Be clearly identified and submitted in a separate envelope or as a clearly separated annex
Financial Arrangements Not Part
of Base
- e considered in the
evaluation of the Base Tender.
- Not constitute a condition or qualification to the Base Tender.
- The Base Tender shall remain fully responsive to the requirements of the Tender
Documents, and evaluation shall be undertaken solely on the basis of the base Tender
submission.
- The Employer reserves the right to review, negotiate, or reject any proposed financing
arrangements at its sole discretion, without affecting the evaluation and determination of
award based on the Base Tender.

2.9 OPENING

2.9.1 TENDER OPENING: Tenders will be opened in a two-stage process. The Technical
Tender envelopes will be opened first, logging all submissions and recording all files

Tender Conditions and Procedures 2 - Page 11 of 16 Rev. 2


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

3. TENDER FORMS

The Tenderer shall submit this Form of Tender in


(i) an unpriced version within the Technical Proposal, with all price fields left
blank and marked
(ii) a priced version within the Financial Proposal, completed in full.

3.1. LETTER OF TENDER FOR EARTHWORKS PACKAGE OF THE BISHOFTU


INTERNATIONAL AIRPORT

To: Ethiopian Airlines Group


Addis Ababa Bole International Airport,
[Link] 1755,
Tel. +251-11-517-8370 or +251-11-517-4966,
Addis Ababa, Ethiopia

1. We confirm that we meet all eligibility requirements stated in the Tender


Documents, including restrictions on ongoing projects with Ethiopian Airlines
Group and absence of termination notices.

2. We have examined the Tender and Contract Documents for the above-named
Works, comprising the Information for Tenderers, Tender Conditions and
Procedures, Conditions of Contract, Contract Guarantees, Specifications,
Drawings, Bill of Quantities and other Schedules, the attached Appendix and
Addenda Nos. ............... We offer to execute and complete the Works and remedy
any defects therein in conformity with this Tender and the above-named documents
for the lump sum Contract Price of
(United States Dollar)
(USD) inclusive of 15% VAT imposed by the Ethiopian Government, 3% Social
Welfare Tax and all import duties, expenses, levies, charges and all other taxes
payable by law on materials, goods and services and such other sum as may be
determined in accordance with the Contract.

3.
States Dollar (USD) and ................ % of the Contract Price in Ethiopian Birr (ETB).

4. We confirm that conversion of the USD portion into ETB for payment purposes
shall be effected at the official selling exchange rate for USD to ETB as published
by the National Bank of Ethiopia on the date the relevant Statement is submitted in
accordance with Sub-Clause 14.3 [Application for Interim Payment Certificates].

5. This Tender covers the execution of the earthworks package as described in the
Contract Documents.

6. We agree to abide by this Tender for one hundred and twenty (120) days after
receipt by you, that is until .......................... and it shall remain binding on us and
may be accepted by you at any time before that date.

7. We acknowledge that the Appendix forms part of this Tender.

Tender Forms 3- Page 1 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

3.2.4. PRINCIPAL SUBCONTRACTORS

Tthe extent of the works to be subcontracted (Principal and Domestic) and their portioning
with respect to different trades will be subject to Employer's prior approval and shall not
exceed in the aggregate 40 % of the Works value.

[Link] PRINCIPAL SUBCONTRACTORS

The Tenderer shall state below or on separate sheets, the principal Subcontractors that he
intends to employ for the Works. Submission of full details of the subcontract work and the
subcontractors, and the Engineer's approval thereof, shall be in accordance with Sub-Clause
4.4 of the Conditions of Contract.

Table 1 Proposed Subcontractors

Applicant has
Activity/Scope Percentage of previously
Address (Main
Subcontractor of Subcontracted Works to be worked with
head office)
Works subcontracted subcontractor
(Y/N)

The Tenderer shall list in this Sheet those parts of the Works (and their approximate values) for
which he proposes to employ subcontractors, together with the names and addresses of the proposed
subcontractors. The Tenderer shall also enter a statement of similar works previously executed by
the proposed subcontractors, including description, location and value of work, year completed, and
name and address of employer/engineer. Tenderer to enclose portfolios of submitted subcontractors.

Notwithstanding the provision of this information, the Tenderer, if awarded the Contract, will be
required to submit, to the consent, applications to subcontract any part of the Works as
stated in the Conditions of Contract, as Contract award will not necessarily constitute consent to this
Schedule.

Tender Forms 3- Page 10 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

Should the Contractor propose different subcontractors after award, they should reflect minimum
equivalent qualifications and subject to the approval of the Employer.

[Link] DOMESTIC SUBCONTRACTORS

The Tenderer must also submit as part of its tender:

1. The names and profiles of a minimum of two domestic Subcontractors, including


documentation of their GC-1 registration.
2. Details demonstrating each Subcontractor meets the required Experience and
Equipment criteria (such as a list of similar projects completed with client
references, and a list of owned equipment).
3. A letter of intent or agreement from each proposed Subcontractor confirming they
have agreed to work with the Tenderer on this project and are aware of the scope
and percentage of work proposed.
4. The specific sections of the Works (by bill item or description) that the Tenderer
intends to subcontract to each of the two firms, to show compliance with the
required scope distribution.

Minimum Requirements:

1. Number of Subcontractors: A minimum of two (2) domestic Subcontractors


(minimum) of category GC-1 (General Contractor Grade 1, licensed in Ethiopia)
shall be engaged for the execution of the Works. No reduction in this number is
permitted for any reason (e.g. even if the Contractor is itself a domestic GC-1, it shall
still engage two additional domestic GC-1 firms as Subcontractors).

2. Portion of Works: Each such Subcontractor shall be assigned between 10% and 30%
of the total Contract Price in value of the Works. Combined, the Subcontractors shall
execute not less than 20% and not more than 40% of the Contract Price. The
-perform the remainder of the Works.

3. Types of Works to be Subcontracted: The portions of the Works to be carried out by


the domestic Subcontractors must collectively include one or more of the following
categories of work:
- Earthworks (e.g. excavation, embankment formation, grading)
- Pavement layers (sub-base and road base construction)
- Structural concrete works (such as foundations, culverts, retaining structures)
- Building works (housing or building construction related to the project)
4. Qualifications of Subcontractors: Each proposed domestic Subcontractor shall meet
all of the following satisfaction:

4.1 Eligibility: Must be an eligible firm under the laws of Ethiopia (properly
licensed as GC-1).

4.2 Experience: Must have at least ten (10) years of experience in construction
contracting. Within the last 10 years, the Subcontractor shall have completed
at least three (3) projects of comparable nature and complexity

Tender Forms 3- Page 11 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

4.3 Equipment: Must own (not lease) the core plant and equipment required to
execute the assigned Works. The list of minimum equipment to be
demonstrated (owned) by each Subcontractor is:
4.3.1 Excavators - 10 units
4.3.2 Dozer D8R or equivalent - 5 units
4.3.3 Graders - 5 units
4.3.4 Compactors - 5 units
4.3.5 Loaders - 5 units
4.3.6 Dump trucks - 50 units
4.3.7 Water trucks - 5 units

The Subcontractor shall provide proof of ownership (such as equipment registration


documents).

Table 2 Allocation of Works

Subcontractor Specific Sections of Estimated Value % of Contract


Name Works (Bill (USD) Price
Item/Description)

Table 3 Qualifications and Equipment

Subcontractor Years of Experience Comparable Projects Minimum


Name (Last 10 Years) Equipment (Qty
& Proof of
Ownership)
Excavators (10),
Dozer D8R (5),
Graders (5),
Compactors (5),
Loaders (5), Dump
Trucks (50), Water
Trucks (5)

Tender Forms 3- Page 12 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

[Link].2.5. PRINCIPAL MANUFACTURERS/SUPPLIERS

The Tenderer shall state below or on separate sheets the manufacturers/suppliers that he
intends to use for design (if appropriate), manufacturer and supply of principal Materials and
items of Plant, and on which he has based his Tender. Submission of full details of the items
and the manufacturers/suppliers, and the Engineer's approval thereof, shall be in accordance
with Sub-Clause 4.4 of the Conditions of Contract and the relevant sections of the General
Requirements.

Name and address of


Description of Goods
Manufacturers/Supplier

The Tenderer shall list in this Schedule names of proposed manufacturers/suppliers.

Should the Contractor propose different manufacturers/suppliers after award, they should reflect
minimum equivalent qualifications and subject to the approval of the Employer.

Tender Forms 3- Page 13 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

[Link].2.6. PROGRAMME

[Link] PROGRAMME

The Tenderer shall provide a preliminary programme for the Works to indicate his proposals
for execution and completion of the Works within the Time for Completion. The programme
shall be in bar chart form and shall show periods for preliminary and final design (where

be a fully logic-linked critical-path network programme, without any open ends, indicating
critical path activities.

It shall be accompanied by a preliminary method statement to show the Tenderer's proposed


methods, sequence and operation on site including assumptions taken, productivity rates,
accounting for multiple shifts, the effect on equipment details and their use, key milestones,
etc.

Submission of the detailed programme and method statement, and the Engineer's agreement
thereto, shall be in accordance with Sub-Clause 8.3 of the Conditions of Contract and the
relevant sections of the General Requirements.

[Link] METHOD STATEMENT

The Tenderer shall provide a statement of his proposed methods for carrying out the design
deliverables (if any) and execution of the work, indicating the principal plant to be used,
work to be executed off-site and other relevant information. The methodology shall
d
methods of procurement and method of execution. This should also include the collaboration
plan with other contractors working on the site and describe how construction activities shall
support LEED credit requirements.

The Tenderer shall propose the location of the logistics area with an approach to sizing.

stockpile area, laydown yards, plants, storage and workshop area etc.

Tender Forms 3- Page 14 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

[Link].2.7. HEALTH SAFETY ENVIRONMENTAL MANAGEMENT

[Link].2.7.1 HSE POLICY

- Do you have a written or printed HSE Policy Statement? YES / NO


(If YES, please attach a copy)

- Do you have a HSE Manual? YES / NO


(If YES, please attach a copy)

- Do you have written HSE Procedures/Instructions? YES / NO


(If YES, please attach a list of these)

- Do you establish an annual HSE Program? YES / NO


(If YES, please attach a copy of the summary)

- Do you have any HSE certificate, qualification or agreement? YES / NO


(If YES, please attach a copy)

- Please provide the name and the title of the person in your company responsible for
overseeing HSE matters and the reporting of these to your board of directors?.........
........................................................................................................................................

- How do you obtain information on the HSE records and program of your
subcontractors?......

- Did you receive any Improvement/Prohibition Notices from government bodies? YES /
NO (If YES, please provide details)

- Did you obtain any HSE performance award? YES / NO (If


YES, please attach copies)

- Do you have a written HSE Plan/Program for the projects you carry out? YES / NO

(If YES, please provide a copy of a recent one)

(If NO, please describe briefly the HSE management system you foresee for the
project)

Tender Forms 3- Page 15 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

[Link].2.7.2 INCIDENT INVESTIGATION AND RECORDS

- Please fill the following table for the last three years:

Year to
Year 2022 2023 2024
date
Worked manhours
Fatalities (number of case)
Lost Time Injuries (number of
case)
Restricted Work Cases (nb of
case)
Medical Treatments (number of
case)
First Aids (number of case)
Near Misses (number of case)
Environmental Damages (nb of
case)
LTIR (lost time injury rate) (1)
TRIR (total recordable injury
rate) (2)
Severity rate (3)
(1) LTIR: Number of cases (LTI +fatalities) x 200 000, divided by the number of
worked man-hours
(2) TRIR: Number of total recordable cases x 200 000, divided by the number of
worked man-hours
(3) Severity rate: Number of lost work days x 1.000, divided by the number of
worked man-hours
Nota: recordable cases = LTI + RWC + Medical Treatment cases (MTC)

How and by whom were the accidents investigated? .................................................

[Link].2.7.3 HSE TRAINING

- Do you train your employees in HSE matters? YES / NO

- Do you supply HSE training for subcontractor personnel? YES / NO


If YES to the above, does such training contain?
Employees/ Sub-contractors
Induction training YES / NO
Management training YES / NO
Task specific training YES / NO

Tender Forms 3- Page 16 of 25 Rev. 21


Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

(If YES, please provide details)

[Link].2.7.4 METHOD STATEMENTS AND RISK ASSESSMENTS

- Do you prepare method statement and risk assessment in respect of your undertaking for
both on and off site? YES / NO
(If YES, please provide a recent example)

[Link].2.7.5 OTHER RELEVANT INFORMATION

- Does your company have experience complying with LEED standards? If yes, provide
evidence.

- Is there any information we should have to assist us in assessing your ability to


effectively manage HSE matters?

[Link].2.7.6 DECLARATION: APPLICANT TO FILL FORM BELOW

DECLARATION

hereby certify that


the statements included in this section are correct and we agree to notify about any
significant changes affecting safety, health or the environment matters.
We understand that a client reserves the right to visit our premises, to assess our company
and to verify the above statements, with a preliminary written notification.

SIGNED: SIGNED:

SENIOR MANAGEMENT REPRESENTATIVE HSE MANAGEMENT


REPRESENTATIVE

POSITION: ................................................... POSITION:


..............................................

DATE: ........................................................... DATE:


.......................................................

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Volume 1 Contract Agreement and Conditions of Contract
Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

[Link].2.8. QUALITY MANAGEMENT SYSTEM

- Do you have a Quality Management System implemented? YES / NO

- Are you certified ISO 9001:2015? YES / NO

If YES, please reply to the hereunder bullets and attach a copy:

Certification authority: ............................................................................................

Date of the first certification: ...................................................................................

Date of latest certification renewal: ...........................................................................

If NO:

Are your work processes compliant with ISO 9001:2015? YES / NO

Please attach, if it is available, the Quality Manual (or draft) ....................................

If you are awaiting certification, indicate forecast date and actions already carried out
..........................................................................

- Do you have a list of pending and implemented corrective actions? YES / NO

- Is there an existing customer complaint record book? YES / NO

- Would it be available for auditing by third party? YES / NO

- Please list the number of staff within the QA/QC organization.................................

- Do you have other Quality Related certificates than ISO 9001:2015? YES / NO

- Please attach the copy of certificates, if it is available.

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July August 2025

[Link].2.9. FOREIGN CURRENCY REQUIREMENTS

Summary of currencies of the Tender:

Exchange rate
Amount (in to USD (NBE Percentage of
Equivalent in
Name of currency that selling, 28 days Tender Price
USD
currency) before tender (TP)
deadline)
Local currency [ETB to USD
[ETB [=ETB×rate
(ETB) rate (USD per [XX]%
amount] USD]
1 ETB)]
Foreign currency [USD [USD amount]
1.00 [YY]%
(USD) amount]
Tender Price [Sum of USD
- - 100
(USD) equiv.]

Note on rate of exchange to USD: The rates of exchange shall be the selling rates 28 days
prior to the deadline for submission of tenders published by the National Bank of Ethiopia
(NBE).

Note on Consistency of Currency Proportions:


Contract Price to be paid in United States Dollars (USD) and Ethiopian Birr (ETB), as

breakdown set out in Tender Schedule 3.2.9 (Foreign Currency Requirements). In the event
of any discrepancy between these two, the percentages and amounts set out in Tender
Schedule 3.2.9 shall prevail for the purposes of evaluation, determination of the Contract
Price composition, and preparation of the Contract Agreement.

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[Link].2.10. BREAKDOWN OF LUMP SUM AMOUNTS AND UNIT PRICES

The Tenderer shall append hereto a list of all lump sum amounts and unit prices inserted in
the Bills of Quantities, giving a breakdown of each price, as required by Sub-Clause 14.1 of
the Conditions of Contract, to show:

a) direct cost of labour

b) direct cost of Materials or Plant (including transport to Site)

c) direct cost of Contractor's Equipment (if not priced elsewhere in the Bill of
Quantities)

d) overhead charges off-site and on Site (if not priced elsewhere in the Bill of
Quantities) and profit

e) any other on-costs.

Each unit rate and lump sum shall also be further broken down into local and foreign
currency components in line with the Foreign Currency Requirements.

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July August 2025

[Link].2.11. DAYWORK SCHEDULE

The Tenderer shall submit a Daywork Schedule for the operation of Sub-Clause 13.6 of the
Conditions of Contract, which shall apply only to work on Site ordered by the Engineer to
be executed on a daywork basis. The Schedule shall include at least the information
indicated below.

Labour:

Rates shown shall be 'all-in' hourly rates for the different classes of labour, which shall be
paid only for the actual hours expended on Site for the work ordered. Without limitation,
the rates shall include for wages of workmen, travelling time and other non-productive time,
bonus payments, social security and medical costs, living allowances and all other
emoluments, and supervision.

Labour classification Rate per hour

(Tenderer to insert details)

Contractor's Equipment:

Contractor's Equipment already on Site shall be evaluated at the daily rates for similar locally
hired equipment less 15%, plus the percentage addition shown below. The rate shall include
for plant operator/driver, fuel and spare parts. Rates for equipment specially brought to the
Site for dayworks shall be subject to prior agreement with the Engineer.

Percentage addition for


Contractor's Equipment
(Tenderer to state)

Plant and Materials:

Plant and materials used in dayworks shall be evaluated at invoice cost (which shall include
delivery to the site) plus the percentage addition shown below.

Percentage addition for


Plant and materials
(Tenderer to state)

Percentage Addition:

The addition shown above shall cover for on-site and off-site overheads, profit and any other
charges not included in the rate for Contractor's Equipment or in the invoice cost of Plant
and materials.

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July August 2025

[Link].2.12. CASHFLOW CHART(S)

The Tenderer shall submit with its Tender a detailed cashflow chart(s) in line with its tender
programme (Schedule 3.2.5) of the Technical Schedules. The Tenderer shall also give due
consideration to all provisions in the Contract with regard to payments and all other related
matters and shall be able to justify his Cashflow Chart(s) in comparison to his tender
programme, if required by the Employer.

Note: advance payment, recovery of advance payment, retention, release of retention etc
must be duly taken into consideration in the compilation of the anticipated cash flow.

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July August 2025

3.2.13. FINANCIAL ARRANGEMENT (OPTIONAL)

(To be completed and submitted only if the Tenderer elects to provide such information. This
form is not part of the evaluation of the base tender.)

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Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

3.4 APPENDIX TO TENDER

Note: with the exception of the items for which the Employer's requirements have been
inserted, the following must be completed before the Tender is submitted.

Sub-Clause Item Data

Ethiopian Airlines Group


Addis Ababa Bole International Airport,
[Link] & 1.3 Employer's name and address [Link] 1755,
Tel.+251-11-517-8370 or +251-11-517-
4966,
Addis Ababa, Ethiopia

[Link] & 1.3 Contractor's name and address

Dar Al-Handasah Consultants (Shair


and Partners ole Sub City, Loft Hotel
Apartment Building 1st floor,
[Link] & 1.3 address Cameroon Street,
Addis Ababa,
[Link] 3097
Tel. +251116904490

Time for Completion of the


[Link] 365 days
Works

[Link] Defects Notification Period 365 days


Electronic transmission
1.3 systems Facsimile or Email

Laws of the Federal Democratic


1.4 Governing Law
Republic of Ethiopia

1.4 Ruling Language English

1.4 Language for communications English

2.1 Time for access to the Site On the Commencement Date

Amount of Performance Ten percent (10 %) of the Accepted


4.2 Contract Amount, in the currencies and
Security
proportions in which the Contract Price

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Sub-Clause Item Data


is payabledenominated in USD

The extent of the Works to be


subcontracted and their apportionment
among different trades shall be subject
4.4 Subcontracting Limits
and shall not exceed, in the aggregate,
forty percent (40 %) of the Accepted
Contract Amount.

1. Number of Subcontractors: A
minimum of two (2) domestic
Subcontractors (minimum) of category
GC-1 (General Contractor Grade 1,
licensed in Ethiopia) shall be engaged
for the execution of the Works. No
reduction in this number is permitted for
any reason (e.g. even if the Contractor is
itself a domestic GC-1, it shall still
engage two additional domestic GC-1
firms as Subcontractors).

2. Portion of Works: Each such


Subcontractor shall be assigned between
10% and 30% of the total Contract Price
in value of the Works. Combined, the
Subcontractors shall execute not less
Mandatory Domestic than 20% and not more than 40% of the
4.4 (a) (iv)
Subcontractor Requirements
self-perform the remainder of the
Works.

3. Types of Works to be Subcontracted:


The portions of the Works to be carried
out by the domestic Subcontractors must
collectively include one or more of the
following categories of work:

- Earthworks (e.g. excavation,


embankment formation, grading)

- Pavement layers (sub-base and road


base construction)

- Structural concrete works (such as


foundations, culverts, retaining
structures)

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Volume 1 Contract Agreement and Conditions of Contract
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July August 2025

Sub-Clause Item Data

- Building works (housing or building


construction related to the project)

4. Qualifications of Subcontractors:
Each proposed domestic Subcontractor
shall meet all of the following criteria to
satisfaction:

4.1 Eligibility: Must be an eligible firm


under the laws of Ethiopia (properly
licensed as GC-1).

4.2 Experience: Must have at least ten


(10) years of experience in construction
contracting. Within the last 10 years, the
Subcontractor shall have completed at
least three (3) projects of comparable
nature and complexity

4.3 Equipment: Must own (not lease)


the core plant and equipment required to
execute the assigned Works. The list of
minimum equipment to be demonstrated
(owned) by each Subcontractor is:

4.3.1 Excavators - 10 units

4.3.2 Dozer D8R or equivalent - 5


units

4.3.3 Graders - 5 units

4.3.4 Compactors - 5 units

4.3.5 Loaders - 5 units

4.3.6 Dump trucks - 50 units

4.3.7 Water trucks - 5 units

The Subcontractor shall provide proof


of ownership (such as equipment
registration documents).

The Contractor shall prosecute the


6.5 Normal working hours Works on a 24-hour per day, 7-day per
week basis

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Sub-Clause Item Data

0.10% (one-tenth) per day, in the


8.7 & 14.15 Delay damages for the Works currencies and proportions in which the
Contract Price is payable

Maximum amount of delay Ten percent (10 %) of the Accepted


8.7
damages Contract Amount

Addition for overheads and


12.3 (10%) of the direct cost
other charges

13.5(b)(ii) Provisional Sums Not Applicable

13.8 Table of adjustment data Not Applicable


Ten percent (10%) of the Accepted
Contract Amount, in the currencies and
proportions in which the Contract Price
is payable.
The advance payment shall be paid in the
14.2 Total advance payment currency or currencies and proportions in
which the Accepted Contract Amount is
payable to the Contractor according to
Sub-clause 14.15.

Number and timing of


14.2 instalments One (1)

Percentage of retention Five percent (5 %)


14.3
Five percent (5 %) of the Accepted
14.3 Limit of Retention Money
Contract Amount

Plant and Materials for


14.5(b) & (c) Not Applicable
Payment

Minimum amount of Interim Two percent (2%) of the Accepted


14.6
Payment Certificates Contract Amount
% of the Contract Price in
Ethiopian Birr (ETB); and
% of the Contract Price in
United States Dollar (USD).
14.15 Currency (ies) of payment
Conversion of the USD portion into ETB
for payment purposes shall be effected at
the official selling exchange rate for USD
to ETB as published by the National

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Sub-Clause Item Data


Bank of Ethiopia on the date the relevant
Statement is submitted in accordance
with Sub-Clause 14.3 [Application for
Interim Payment Certificates].

Currency (ies) of payment


(where different from that
14.15 Not Allowed
named in Contract
Agreement)

General Requirements for Use the Marsh policy


18.1 wording attached
Insurances

Evidence of Insurance to be
18.1 (a) Before commencing works on site
Submitted

Copies of policies to be Not later than 30 days after Letter of


18.1 (b)
submitted Acceptance

Maximum amount of
18.2 (d) deductibles for insurance of 30,000.00 USD

2,000,000.00 USD for any one


Minimum amount of third-
18.3 occurrence, number of occurrences
party insurance
unlimited

Initial of Signatory of Tender

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July August 2025

4. CONDITIONS OF CONTRACT

4.1 EXPLANATORY NOTES

4.1.1 GENERAL CONDITIONS: The General Conditions of Contract shall be the


Conditions of Contract for Construction for Building and Engineering Works Designed by
the Employer (First Edition 1999), published by the Fédération Internationale des Ingénieurs-
Conseils (FIDIC), P.O. Box 86, CH 1000 Lausanne, 12-Chailly, Switzerland. The
Contractor is deemed to have full knowledge of the General Conditions.

4.1.2 PARTICULAR CONDITIONS: The General Conditions are amended and


supplemented by the Particular Conditions, which follow. In the event of any conflict
between the General Conditions, and the Particular Conditions, the latter shall govern.

4.1.3 AMENDMENTS: The Particular Conditions amend the following Sub-Clauses of the
General Conditions:

1.1, 1.2, 1.4, 1.5, 1.6, 1.8, 1.13, 1.15, 2.3, 2.5, 3.1, 4.2, 4.3, 4.4, 4.6, 4.8,
4.10, 4.12, 4.21, 6.3, 6.5, 7.4, 8.1, 8.3, 8.4, 8.5, 8.7, 8.8, 10.1, 11.3, 11.10,
12.1, 12.2, 12.3, 12.4, 13.1, 13.7, 13.8, 14.1, 14.2, 14.3, 14.6, 14.8, 14.9,
14.15, 17.3, 17.4, 18.1, 18.2, 18.3, 18.4, 20.1

4.1.4 ADDITIONS: The Particular Conditions contain the following additional Sub-Clauses:

1.15, 3.6, 4.25, 6.12 to 6.19, 8.13, 14.16 to 14.19.

4.1.5 OMISSIONS: The Particular Conditions omit the following Sub-Clauses of the
General Conditions:

20.2, 20.3, 20.4, 20.5, 20.6, 20.7, and 20.8.

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(a) notify the Engineer within fourteen (14) days of signing the Contract, and
before commencing work on Site, of any parts of the Works he intends to
subcontract for which approval of the Engineer is required under Sub-Clause
4.4. For each subcontract the following shall be provided:

(i) the name, address and contact details of the Subcontractor;

(ii) the nature and scope of the work to be subcontracted;

(iii) information on the Subcontractor's experience of similar work and


details of the Subcontractor's site supervision, sources of labour and
equipment and financial capabilities, in sufficient detail to enable the
Engineer to determine if the Subcontractor is able to undertake and
complete the subcontract work within the time and to the standards
required by the Contract;

(iv) The Contractor shall subcontract parts of the Works only within the
limits stated in the Appendix to Tender. In particular, the Contractor is
required to engage a minimum of two (2) domestic Subcontractors as
specified, each of whom shall execute no less than ten percent (10%)
and no more than thirty percent (30%) of the Accepted Contract
Amount. The types of work to be subcontracted and other details are as
set out in the Appendix to [Link] approximate value of the
subcontract works based on the Contract prices;

(v) confirmation that the subcontract includes terms and conditions and all
obligations and responsibilities contained in the Contract, in so far as
these apply to the subcontract;

vi) All Subcontractors (whether named herein or proposed later) shall


comply with the eligibility requirements of the Government of Ethiopia
applicable to contractors (including licensing and absence of
debarment). The Contractor shall ensure that each subcontract
agreement includes provisions that bind the Subcontractor to comply
with all obligations of the Contractor under this Contract which are
relevant to the work. Such obligations shall include, but
are not limited to, adherence to all specifications, standards and codes
of conduct (safety, environmental, quality, schedule, etc.), and
applicable provisions of this Contract. For the avoidance of doubt, the
the
Contractor of any duties or responsibilities under the Contract; the
Contractor remains responsible for the Works and the acts or defaults
of its Subcontractors.

If a named Subcontractor (or a Subcontractor proposed to meet the


requirements of Sub-Clause 4.4(a)(iv)) is unwilling or unable to carry
out its portion of the Works, the Contractor shall promptly notify the
Engineer and seek consent for a replacement Subcontractor. Any such
replacement shall meet the same eligibility and qualification

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requirements stated in the Appendix to Tender, and the Contractor shall

accordance with Sub-Clause 4.4(b) The Contractor shall have no


entitlement to additional cost or extension of time arising from the
necessity to replace a Subcontractor, except as may be due under
Clause 20.

vii) If the Contractor fails to formally engage (sign subcontracts with and
mobilize) the required Subcontractors in accordance with Sub-
Clause 4.4(a)(iv) by the time twenty-five percent (25%) of the original
Time for Completion has elapsed, this shall be recorded as a serious
performance deficiency of the Contractor. The Engineer shall notify the
Contractor in writing of this deficiency at that time. If the Contractor
does not remedy the situation within [14] days of such notice (or
provide reasonable justification and a plan acceptable to the Engineer
for prompt compliance), the Employer may consi
performance as unsatisfactory in this aspect.

Such unsatisfactory performance may be taken into account by the


Employer when
In particular, the Employer reserves the right to declare that the
Contractor has failed to fulfill a key contractual obligation, which could
result in the Contractor being deemed ineligible or less preferable for
award of future contracts.

This Sub-Clause 4.4(vii) does not limit any other remedy the Employer
may have under the Contract for such failure

(b) notify the Engineer, at least 21 days prior to the date that the Contractor
requires approval from the Engineer, of any proposed change to the
Subcontractors notified under (a) above and of any additional parts of the
Works he proposes to subcontract. Similar information to that listed under
(a) above shall be given for each subcontract;

(c) include in his monthly reports to the Engineer, details of all subcontracts
entered into, the names of the Subcontractors and the numbers of staff and
labour for each Subcontractor on Site during the month;

(d) provide, if requested by the Engineer, copies of documents such as wage


sheets and details of the names and employment references for site staff and
labour, invoices for the supply of materials, etc;

(e) include conditions and requirements in subcontracts similar to those in the


Contract regarding assignment and sub-subcontracting the whole or part of
the subcontract works including requirements similar to those under (a) to
(d) above. Any approval by the Contractor to a Subcontractor regarding such
assignment or sub-subcontracting shall be subject to the prior approval of
the Engineer.

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Delete the sixth paragraph of Sub-Clause 18.1 from "The relevant insuring Party
............ to the other Party" and substitute the following:

Before commencing work on Site, the Contractor shall provide evidence to the
Employer that the insurances required to be provided have been effected and,
not later than thirty (30) days after the date of the Letter of Acceptance, the
Contractor shall provide copies of the policies to the Employer and shall notify
the Engineer accordingly.

Add at the end of the sixth paragraph after item (b) a new item

(c) a statement from the insurer/ insurance company that the various insurance
requirements clauses of the Contract have been complied with and are fully
covered by the policy issued.

Add

and the Contractor shall supply the Engineer with original of such evidence or
policies. The insurer shall keep the Engineer informed of all modifications
introduced to the policy post-issuance by direct communication.

Add at the end of Sub-Clause 18.1 the following:

The Contractor shall not modify the approved policy without the prior written
approval of the Employer and Engineer.

The Contractor shall provide or cause to be provided certificates of insurance


sufficiently covering s compensation, third party liability and liability
for damages or destruction of the Works and buildings, property until issuance
of Performance Certificate by the Employer.

The Contractor shall cause the Employer to be named as additional

Their insurance(s) shall be primary insurance and that other insurances, if any
shall be secondary.

18.2 INSURANCE FOR WORKS AND CONTRACTOR'S EQUIPMENT

Add

Delete '......... and profit' from line 3 of the first paragraph.

Delete from the fourth line of the first paragraph the words "date by which
evidence is to be submitted under sub-paragraph (a) of Sub-Clause 18.1 (General

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July August 2025

Requirements for Insurances)" and replace with "first working day after the
Commencement Date".

Delete from the third line of sub-paragraph (d) the phrase "(c), (g) and (h)" and
replace with "(a)v, (c) and (d)".

Delete sub-paragraph (e)(iv) and insert new sub-paragraph (f) as follows:

(f) shall, in respect of Goods shipped but not delivered to the Site, be effected
by the Contractor, irrespective of whether such Goods are subject to Sub-
Clause 14.5 or not.

Add new Sub-Paragraph 18.2 (g) as follows:

(g) In case of any damage to the Works or any materials or Plant or Temporary
Works due to Risks covered by the insurance policies, the Contractor shall,
as soon as possible, carry out the repairs and the making good of the
defects.

Add at the end of Sub-Clause 18.2:

The insurance shall be effective from the Commencement Date and until the date
of issue of the Performance Certificate. All deductibles shall be borne by the
Contractor.

18.3 INSURANCE AGAINST INJURY TO PERSONS AND DAMAGE TO


PROPERTY

Add the following at the end of Sub-Clause 18.3:

All deductibles shall be borne by the Contractor.

18.4 INSURANCE FOR CONTRACTOR'S PERSONNEL

Add the following at the end of Sub-Clause 18.4:

The Contractor shall immediately notify the Engineer in writing about any

employees or damage to property, and he shall provide him with the details and
the affidavits of witnesses.
Also, the Contractor shall inform the concerned authorities about such accidents
when and if the laws and regulations so require.

The Contractor shall be responsible for any third party damage and injury.

The Contractor shall provide or cause to be provided certificates of insurance


sufficiently covering s compensation, third party liability and liability

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for damages or destruction of the Works and buildings, property until issuance
of Performance Certificate by the Employer.

The Contractor shall cause the Employer to be named as additional

Their insurance(s) shall:


- Be from an insurer with terms and conditions acceptable to the
Employer.
- Be valid for the period of the Works until Final Acceptance
Certificate.
- Be primary insurance and that other insurances, if any shall be
secondary.

The minimum insurance cover and deductibles shall be:


a. The minimum cover for insurance of the Works, Plant and Materials
is 110% of the Contract Price.
b. No deductible for insurance of the Works, Plant and Materials.
c. The minimum cover for insurance of Equipment is 100% of the
Contract Price.
d. No deductible for insurance of Equipment.
e. No deductible for insurance of property.
f. Minimum limit of Employeer liabilities insurance: USD
1,000,000.00

The risk of loss and damage to the Works shall be transferred to the Employer
upon the issuance of the Performance Certificate.

20 CLAIM DISPUTES AND ARBITRATION

20.1 CONTRACTOR'S CLAIMS

Delete the last sentence of the last paragraph and substitute:

Notwithstanding any other provision of the Contract, including without


limitation the provisions of Sub-Clause 14.14 (Cessation of Employer's
Liability) of the Conditions of Contract, if the Contractor fails to comply with
any of the provisions of the Contract, including without limitation the provisions
of Sub-Clauses 1.9, 4.7, 4.12, 4.24, 7.4, 8.4, 8.5, 8.9, 9.2, 10.3, 12.4, 13.7 and
20.1 of the Conditions of Contract, in respect of any act, event or omission of
whatever nature which in the opinion of the Contractor should result in an
increase in the Contract Price and/or an extension of the Time for Completion,
such failure shall constitute on the part of the Contractor a definitive and
irrevocable waiver of, and release of the Engineer and the Employer from, any
and all claims arising from any such act, event or omission and the Contractor
shall be irrevocably stopped from raising any claims arising from any such act,
event or omission thereafter.

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Delete Sub-Clauses 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, and 20.8 entirely and
replace with the following:

20.2 DISPUTE RESOLUTION AND JURISDICTION

The Contract shall be governed by the applicable laws of the Federal Democratic
Republic of Ethiopia, without regard to its conflict of laws principles and rules.
Notwithstanding anything to the contrary under the Contract, any and all disputes
arising out of or in relation to the Contract shall first be resolved through mutual
discussions between the Contractor and the Employer. If no resolution is
obtained within thirty (30) Calendar Days from the date of the start of these
discussions, the dispute shall be submitted to the competent Federal Court of
Ethiopia in Addis Ababa.
Notwithstanding anything to the contrary, the Employer shall have the right to
institute proceedings against the Contractor at any other appropriate jurisdiction.

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5. CONTRACT AGREEMENT

This Agreement made the day of ..................................25

between .....................................................................................(Name of Employer)

of ....................................................................................................... (Address of Employer)

(hereinafter called 'the Employer') of the one part,

................................................................................................(Name of Contractor)

of .................................................................................................... (Address of Contractor)

(hereinafter called "the Contractor") of the other part.

Whereas, the Employer has invited tenders to submit a tender for the Earthworks Package
for Bishoftu International Airport (hereinafter called the "Works"), and the Employer has
accepted the tender made and submitted by the Contractor for the execution and
completion of these Works and remedying of any defects therein;

Whereas, the Contractor represents and warrants that it has the required legal capacity,
professional skills, qualified personnel, technical resources, and equipment to execute and
complete the Works on the terms and conditions set forth in this Contract. These
representations and warranties formed the basis upon which the Employer has selected the
Contractor for the execution of the Works under the terms and conditions herein.

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 Conditions of Contract hereinafter referred to.
2 The documents forming the Contract shall be taken as complementary and
mutually explanatory of one another. In the event of any discrepancy or
inconsistency within the Contract Documents, then the documents shall prevail in
the order listed below.
3. The following documents shall be deemed to form and be read and construed as
part of this Agreement:
a. This Contract Agreement.
b. The Letter of Acceptance
c. The Priced Letter of Tender ...................and Appendix to Tender.
d. the Addenda Nos . . . . . [insert addenda numbers] ....... Any addenda to the
Tender issued before signature of the Agreement.
e. The Particular Conditions.
f. The General Conditions.
g. The Specifications.
h. The Drawings.

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Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

i. The Bill of Quantities and Rates and Breakdown of Unit Rates and Prices.
j. Any other document forming part of the Contract including the Contractor's
Tender insofar as it is not covered by any of the foregoing.
4. An addendum is assigned the same priority as that of the document being
modified by its issuance. Should an addendum be addressing multiple subjects,
the individual sections of any such addendum shall be given the same priorities as
those corresponding to the respective documents being affected or modified by its
subjects. Additionally, written words shall prevail over preprinted ones; earlier
terms shall prevail over terms stated later in the same document; and among
documents having the same priority, the document that includes the latest date
shall control.
5. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to
execute and complete the Works and remedy any defects therein, in conformity
with the provisions of the Contract.
6. 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 lump sum Contract Price of
(United States Dollars)
(USD) (the Contract inclusive of 15% VAT imposed by the
Ethiopian Government, 3% Social Welfare Tax, and inclusive of all expenses,
levies, charges and all other taxes. Breakdown of this Contract Price shall be as
specified below and this Contract Price is the total, full, and final payment for the
Works, defects and all other works specified and indicated out in this Agreement.
7 The Contractor and Employer acknowledge and agree that the payments for the
Works shall be made based on the lump sum Contract Price. In addition, the

ntract Price in Ethiopian Birr (ETB).


Notwithstanding the above denomination, all payments to the Contractor shall be
made in Ethiopian Birr (ETB), with conversions from the USD portion handled as
described below.
8 The USD portion of the Contract Price (as per Clause 7) shall be converted to
ETB for each payment. The conversion shall use the official selling exchange rate

(application for payment) is submitted to the Engineer in accordance with Sub-


Clause 14.3 [Application for Interim Payment Certificates]. Payments to the
Contractor will thus be effected in ETB only, in amounts reflecting the above
conversion.
9 The Contractor acknowledges that no additional payment, charges or additional
compensation, above and beyond the Contract Price will be due to the Contractor
under this Contract. The Contractor shall also pay all taxes (including VAT
imposed by the Ethiopian Government), social welfare tax, charges, levies and
duties applicable under this Contract imposed by the Government of Ethiopia or
any other government and the Contract Price shall not be adjusted for any of these
costs.

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Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

10 The Performance Security and Advance Payment Security that will have to be
provided by the Contractor under this Contract shall be irrevocable and
unconditional and shall be issued by a recognized bank or financial institution
with format and contents acceptable to the Employer containing terms and
conditions of the same or substantially the same to that contained under the
template annexed hereto as Appendix and Appendix , respectively.
11 The Contractor hereby represents and warrants that:

A) It will perform and deliver the Works in a professional manner, with all
reasonable skill and care, complying with all relevant technical standards.
B) It will execute the Works in accordance with the documents forming the
Contract taking due care of all information and instruction provided by the
Employer involving the Contractor's expertise, and qualified and certified
experts in the execution of such Works including, among others, qualified
and certified LEED experts.
C) The Works shall not infringe any copyright, right, trademarks, industrial
right, patent, or any other intellectual property rights of others (whether
such right is registered or not). The Contractor warrants to defend,
indemnify and hold harmless the Employer from and against any claim,
liability, demand, judgement, order, injunction, costs and expenses
(including reasonable attorney's fees) resulting from or in any way
connected with any breach of the representations and warranties under this
Contract and tire design contract.

In Witness whereof the Parties hereto have caused this Agreement to be executed the day
and year first before written in accordance with their respective laws.

SIGNED by: SIGNED by:

for and on behalf of the Employer in the for and on behalf of the Contractor in
presence of the presence of

Witness: Witness:

Name: Name:

Address: Address:

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Earthworks / Civil works Packages for Bishoftu International Airport
July August 2025

Date: Date:

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Volume 1 Contract Agreement and Conditions of Contract

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