Addendum No.2 Combined Final.
Addendum No.2 Combined Final.
ADDENDUM NO. 2
ADDENDUM NO. 2
TABLE OF CONTENTS
Earthworks / Civil works Packages for Bishoftu International Airport
Addendum No. 2
EWP2
VOLUME 2 APPENDIX A
BISHOFTU INTERNATIONAL
ADDENDUM NO. 2
The following information and/or responses to queries received from tenderers shall be
considered part of the Tender Documents.
Section Pages
2.2.1 2
2.2.3 4
Section Pages
2.2.1 2
2.2.3 4
Section Pages
3 (Section Note) 1
3.2.4 10
Section Pages
3 (Section Note) 1
3.2.4 10, 11, 12
Delete and replace the Appendix to Tender in its entirety with the revised version provided in this
Addendum (Volume 1, Section 3.4).
Section Pages
4.4 6
18.1 24
18.4 25, 26
Section Pages
4.4 6, 7
18.1 24
18.4 25, 26
Delete and replace the Contract Agreement in its entirety with the revised version provided in this
Addendum (Volume 1, Section 5).
EWP2
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
ENCLOSURES
Earthworks Package for Bishoftu International Airport
June August 2025
and any other information required to be submitted in accordance with the Tender Conditions
and the Specifications.
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.
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.
2.2.1 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).
d) Breakdown of Lump Sum Amounts and Unit Prices (Tender Schedule 3.2.10).
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.
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:
b) receives or has received any direct or indirect subsidy from another Applicant; or
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:
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.
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.
2.8.8
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
3. TENDER FORMS
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.
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.
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.
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.
Should the Contractor propose different subcontractors after award, they should reflect minimum
equivalent qualifications and subject to the approval of the Employer.
Minimum Requirements:
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.
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 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.
Should the Contractor propose different manufacturers/suppliers after award, they should reflect
minimum equivalent qualifications and subject to the approval of the Employer.
[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.
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.
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.
- 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)
- Do you have a written HSE Plan/Program for the projects you carry out? YES / NO
(If NO, please describe briefly the HSE management system you foresee for the
project)
- 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)
- 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)
- Does your company have experience complying with LEED standards? If yes, provide
evidence.
DECLARATION
SIGNED: SIGNED:
If NO:
If you are awaiting certification, indicate forecast date and actions already carried out
..........................................................................
- Do you have other Quality Related certificates than ISO 9001:2015? YES / NO
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).
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.
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:
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
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.
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.
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.
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:
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.
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.
(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.)
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.
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).
4. Qualifications of Subcontractors:
Each proposed domestic Subcontractor
shall meet all of the following criteria to
satisfaction:
Evidence of Insurance to be
18.1 (a) Before commencing works on site
Submitted
Maximum amount of
18.2 (d) deductibles for insurance of 30,000.00 USD
4. CONDITIONS OF CONTRACT
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:
4.1.5 OMISSIONS: The Particular Conditions omit the following Sub-Clauses of the
General Conditions:
(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:
(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;
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.
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;
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.
The Contractor shall not modify the approved policy without the prior written
approval of the Employer and Engineer.
Their insurance(s) shall be primary insurance and that other insurances, if any
shall be secondary.
Add
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
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)".
(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.
(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.
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.
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.
for damages or destruction of the Works and buildings, property until issuance
of Performance Certificate by the Employer.
The risk of loss and damage to the Works shall be transferred to the Employer
upon the issuance of the Performance Certificate.
Delete Sub-Clauses 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, and 20.8 entirely and
replace with the following:
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.
5. CONTRACT AGREEMENT
................................................................................................(Name of Contractor)
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.
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.
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
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.
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:
Date: Date: