1 / 135

Contract Agreement JKU WWTP Final

plant processing stages

Gizachew3
Download Presentation

Contract Agreement JKU WWTP Final

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements FORMS TABLE OF CONTENTS 1THE LETTER OF ACCEPTANCE 2WASTE WATER TREATMENT PLANT DESIGN – BUILD CONTRACT AGREEMENT 3SECTION VII: PARTICULAR CONDITIONS OF CONTRACT 4ANNEX TO THE PARTICULAR CONDITIONS OF CONTRACT 5CONDITIONS OF CONTRACT 6EMPLOYER'S REQUIREMENT 7FINANCIAL OFFER - LUMP SUM CONTRACT 8FACILITY 9CONTRACTOR’S TECHNICAL PROPOSAL 10 FORMS 11CONTRACTOR’S ELIGIBILITY DOCUMENTS 12BASE PRICES 13ANNEXES Page 1 of 135

  2. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 1 THE LETTER OF ACCEPTANCE Page 2 of 135

  3. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Page 3 of 135

  4. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 2 WASTE WATER TREATMENT PLANT DESIGN – BUILD CONTRACT AGREEMENT Procurement Reference No: JKU/CON/007/14 This Contract Agreement is made on the ___________ day of the month of _______________ 2022, BETWEEN Ministry of Education, Jinka University of the Federal Democratic Republic of Ethiopia, having its principal place of business at Jinka Town, (Hereinafter called the “Employer/Employer”), And Atem General Contractor PLC a corporation incorporated under the laws of Ethiopia, having its principal place of business in Sidama region, City: Hawassa city administration, kebele: Millennium, House No.: New Tel no. +251-911200348, Email address:atem.bc.plc@gmail.com, (Hereinafter called the “Contractor”), WHEREAS The Employer invited bids for certain Works (hereinafter called the “Works”), Design Build of Waste Water Treatment Plant and has accepted a Bid by the Contractor for execution and completion of those Works in the sum of ETB 1,447,429,294.94 (One Billion Four Hundred Forty Seven Million Four Hundred Twenty Nine Thousand Two Hundred Ninety Four Birr and 94 cents with 15% VAT (hereinafter called “the Contract Price”) in the manner and on the terms described herein; The Contractor having represented to the Employer that it has the required skills, personnel and technical resources, has agreed to carry out the Works on the terms and conditions set forth in this Contract; NOW THEREFORE the parties hereto hereby agree as follows: The Agreement In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. The following documents shall constitute the Contract between the Employer and the Contractor, and each shall be read and construed as an integral part of the Contract: Page 4 of 135

  5. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements This Contract Agreement; 1. 2. The letter of acceptance; 3. The Letter of Tender; 4. Minutes of Pre-Contract Award Discussion Addendum, the bid, appendix to bid/ offer/tender and payment schedule; 5. 6. The Particular Conditions of Contract; 7. The Annexes to the Particular Conditions of Contract; The FIDIC General Conditions of Contract for Plant and Design Build published First Edition 1999; 8. 9. The Employer’s Requirements; 10. Dispute Settlement Procedure; 11. The Schedules; 12. The Contractor’s Proposal; The Breakdown of the Lump-sum Price (after correction of arithmetical errors) and; 13 14. Further Agreed Documents (if any), minutes, others... 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 design, execute and complete the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract. The Employer hereby covenants to pay the Contractor in consideration of the design, execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract Agreement to be signed and executed in their respective names as of the day and year first above written in accordance with their respective laws. IN WITNESS WHEREOF, the Parties hereto have caused this Contract Agreement to be signed and executed in their respective names as of the day and year first above written in accordance with their respective laws. Page 5 of 135

  6. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements SIGNED for and on behalf of FDRE, MoE, Jinka University (Employer/Employer) SIGNED for and on behalf of the Contractor: Signature: Signature: Name: Name: Position: Position: Date: Date: WITNESS to signature on behalf of FDRE, MoE, Jinka University WITNESS to signature on behalf of the the Contractor: Signature: Signature: Name: Name: Position: Position: WITNESS to signature on behalf of FDRE, MoE, Jinka University WITNESS to signature on behalf of the the Contractor: Signature: Signature: Name: Name: Position: Position: WITNESS to signature on behalf of FDRE, MoE, Jinka University WITNESS to signature on behalf of the the Contractor: Signature: Signature: Name: Name: Position: Position: Page 6 of 135

  7. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 3 SECTION VII: PARTICULAR CONDITIONS OF CONTRACT Clause 1 : General Provisions Clause 1.1 : Definitions Sub – Clause 1.1 Definition Delete the Sub Clause 1.1.1-Documents and replace with the following: 1.1.1.1“Contract’ means these conditions of contract (part I and II) the completed contract agreement and the following agreed documents: -The Employer’s Requirements -The Contractor’s Offer, -The Letter of Acceptance -Minutes of Pre Contract Award Discussion -Further documents as may be expressly incorporated in the Letter of Acceptance 1.1.1.2 “ContractAgreement” means the completed contract agreement referred to in sub clause 1.6. 1.1.1.3 “Letter of Acceptance means” the formal acceptance of the Offer by the Employer. 1.1.1.5 “Employer’s Requirements” means the agreed description of the scope, standard, specifications, design criteria and programme of work as included in the contract, and any alternations and modifications may requires for the works there to in accordance with the Contract. Sub clause 1.1.1 1.1.1.6 “Schedules” means the agreed information and data submitted with the Offer as included in the Contract” Amend 1.1.1.8 as follows: The words “Tender” or “Proposal” or “Offer” or “Bid” are used interchangeably wherever it occurs in this contract. 1.1.1.9 Replace the word “Appendix to Tender” with “Appendix to Offer”. “Appendix to offer” means the completed appendix comprised in the “Offer”. 1.1.2.2 The Employer 1.1.2.2 The Employer is : FDRE, Ministry of Education, Jinka University Public Body: Attention: FDRE, Ministry of Education, Jinka University Kusse Gudishe Goroya,PHD President of Jinka University 165 Jinka Ethiopia +251-993-900417 anaxorma@gmail.com Floor/Room number: P.O. Box: Street Address: Town/City: Country: Telephone: E-mail address Page 7 of 135

  8. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements The Contractor is: AtemGeneral Contractor 1.1.2.3 Contractor The 1.1.2.3 Authorized representative: Ayalew Meshesha (General Manager) P.O. Box: Street Address: Town/City: Addis Ababa Country: Telephone: E-mail address 1.1.2.4 The Engineer is:- Acute Engineering Plc. Ethiopia +251-911200348 atem.bc.plc@gmail.com 1.1.2.4 The Engineer Shimeket Mulugeta and/or Getahun Tadesse 5898 Bole Subcity, Wereda 01, House No. 5094 Addis Ababa Authorized Representative: P.O.Box: Street Address: Town/City: Post Code: Country: Telephone: Facsimile: E-mail address: Ethiopia +251-118-229393/0966-205025/26/27/28 +251-116-392120 acutengineering@gmail.com The Contractor’s representative is:- Ato. Ayalew Meshesha Ayalew Meshesha 1.1.2.5 Authorized Officer: P.O. Box: Street Address: 1.1.2.5 Contractor’s representative The Town/City: Addis Ababa Country: Telephone: E-mail address 1.1.3.2 The commencement date shall be the later date of the notification date for commencement by the Engineer 14 days after site handover or the settlement of the advance payment to the Contractor by the Employer. Ethiopia +251-911200348 Sub clause 1.1.3 1.1.3.3 “Time for completion” means the time for completing the works and passing the Tests on completion 730 Calendar days (two years) from the commencement date or as extended under sub cause 8.4. Sub clause 1.1.5 Add at the end of Sub-Clause 1.1.5.6 the following The Employer has the right to take over phased possession or earlier Taking-Over of any section of the work, provided that the requirements under Employer’s Requirements and all other Contract requirements pertaining to the DB contract have been met. The Contractor may not apply for an earlier Taking-Over Certificate for other Sections of the Work. 1.1.6.2 “Country” means the Federal Democratic Republic of Ethiopia. Sub clause 1.1.6 Page 8 of 135

  9. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Replace 1.1.6.7 with the following: 1.1.6.7 “Site” means the place where the Permanent Works are to be executed and to which Plant and Materials are to be delivered, Jinka University, Ethiopia. Sub clause 1.4 Amend sub clause 1.4 “Law and Language” as follows: The Contract, its meaning and interpretation, and relation between the Parties shall be governed by and interpreted in accordance with the laws of the Federal Democratic Republic of Ethiopia, and the language for day to day communication shall be English. The Contract as well as all written and oral communication and documents relating to the Contract exchanged by the Contractor and the Employer, shall be in English. Supporting documents and printed literature that are part of the Contract may be in another language, but any documents provided in another language must be accompanied by an accurate translation into English. For purposes of interpretation of the Contract, this translation shall govern. The Contractor shall bear all costs of translation to the governing language and all risks of the accuracy of such translation. The Contractor shall bear all costs of translation to the governing language and all risks of the accuracy of such translation. Sub-Clause Priority Documents 1.5: of Amend the Priority of Document as follows: 1.The Contract Agreement including all appendices; 2.The Letter of Acceptance; 3.The Letter of Tender; 4.Minutes of Pre-contract award discussion; 5.Addendum, the bid, appendix to bid/ offer/tender and payment schedule; 6.The Particular Conditions of Contract; 7.The Annexes to the Particular Conditions of Contract; 8.The Conditions of Contract (Conditions of Contract for Plant and Design Build, First edition 1999 FIDIC); 9.The Employer’s Requirements; 10.Dispute Settlement Procedure; 11.The Schedules; 12.The Contractor’s Proposal; 13.The Breakdown of the Lump-sum Price (after correction of arithmetical errors) ;and 14.Further agreed document (if any), Minutes, others… If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction, which he considers necessary to resolve an ambiguity or discrepancy based on National and International Standards, Codes, Manuals, Norms, Laws and Regulations. Sub-Clause 1.10 : Employer’s Use of At the end of Sub-Clause 1.10, insert: Page 9 of 135

  10. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Contractor’s Documents The DB Contractor shall provide all documents including design documents made by or on behalf of the DB Contractor in the original formats from which the documents are produced such as: .doc, .docx, xls, .dwg, EDB, and other formats. Sub-Clause Compliance Laws 1.13: with At the end of Sub-Clause 1.13, insert statement of (c) as follows: (c ) The Contractor shall provide the Employer a complete set of design documents, design reports, design analysis and calculations as demanded by the Engineer and the Employer. The Contractor’s Documents submission shall be in the number of copies demanded by the office both in hard and soft copies to obtain the planning, zoning or similar permission as described in the Employer’s Requirements. All legal documents of the design team, design consultant, insurance for design and supervision consultant and other documentations as demanded by the Engineer and Employer shall be fulfilled by the DB Contractor. Immediately after contract signing, the contractor shall facilitate all design works, geotechnical investigation and topographic surveying of the site and receive a permission for commencement of the permanent works. The Master schedule to be submitted by the Contractor shall be planned based on the final design. The Engineer will give permission to proceed the construction of the permanent work based on the preliminary design and the final design of the work shall proceed in parallel. Sub-Clause Engineer’s Duties and Authority 3.1: Please add the following: (d)The Engineer shall obtain specific approval of the Employer before taking any of the following actions: •Certifying additional cost; •Approval of Extension of Time for Completion under Clause 8.4; •Issuing any additional work; •Day work approval •Claim Approval; •Issuing any taking-over certificate; •Issuing Defect Liability Certificate; •Instructing Variation, adjustments and amendments •Approval of Test and inspection of plant, materials and workmanship •Approval of sub-contractors •Approval of work programme •Instructing suspension of work Sub-Clause 3.5 Determinations Amend sub clause 3.5 as follows: “Engineer to attempt Agreement: whenever these conditions provide that the Engineer shall consult with each party in an endeavour to reach agreement within 56 days after receipt of notice refer to this clause. If agreement is not Page 10 of 135

  11. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements achieved, the Engineer shall make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances. The Engineer shall give notice to both parties of each agreement to determination with supporting particulars.” Sub-Clause 3.6: Management Meeting The Engineer, the Employer or the Contractor's Representative may require the other to attend a management 3-C meeting in order to review the arrangements for future work. The Engineer shall record the business of management meetings and provide copies of the record to those attending the meeting and to the Employer. In the record, responsibilities for any actions to be taken shall be in accordance with the Contract. Sub Contractor’s General Obligations Clause 4.1 Please add the following at the bottom of the last paragraph. The Employer appoints the Contractor to carry out the Works: • Promptly (and in any event within any time targets as may be set out in the Section 5, Employer’s Requirement) and in a professional and courteous manner so as to reflect and promote the image of the Employer; • Strictly in accordance with the Employer’s Requirement and all provisions of the Contract; • In accordance with all applicable laws and regulations of the Federal Democratic Republic of Ethiopia and Good Industry Practice; • In accordance with the policies, rules, and procedures of the appropriate Authority as amended from time to time; and In accordance with the quality standards set by Ministry of Construction (Ethiopian Standards, Ethiopian Standards based on Euro Norms and Ethiopian Construction Practice Norms Compulsory Standards i.e. Technical Specification for Building Works), Quality and Standards Authority of Ethiopia (QSAE), and applicable International Standards. Please add the following at the top of the paragraph. Sub Clause 4.1 Contractor’s General Obligations The Employer appoints the Contractor to carry out the Works: • Promptly (and in any event within any time targets as may be set out in the Section 5, Employer’s Requirement) and in a professional and courteous manner so as to reflect and promote the image of the Employer; • Strictly in accordance with the Employer’s Requirement and all provisions of the Contract; • In accordance with all applicable laws and regulations of the Federal Democratic Republic of Ethiopia and Good Industry Practice; • In accordance with the policies, rules, and procedures of the appropriate Authority as amended from time to time; and • In accordance with the quality standards set by the Ministry of Housing and Urban Development, Ministry of Construction, Quality and Standards Authority of Ethiopia (QSAE), and applicable international standards. Page 11 of 135

  12. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements The Contractor acknowledges that it: • Has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy of any information supplied to it by or on behalf of the Employer; • Has raised all relevant due diligence questions with the Employer before the Effective Date; • • Has entered into this Contract in reliance on its own due diligence alone; It has inspected the Site Environment and has advised the Employer of any aspect of the Site Environment that is not suitable for carrying out the Works and that the specified actions to remedy the unsuitable aspects of the Site Environment, together with a timetable for and the costs of those actions, have been incorporated in the Lump-sum price of the Contract; and • If the Contractor has either failed to inspect the Site Environment or failed to notify the Employer of any required remedial actions then the Contractor shall not be entitled to recover any additional costs or charges from the Employer relating to any unsuitable aspects of the Site Environment nor shall the Contractor be entitled to seek relief in respect of any Default arising from such failure. • Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law. To satisfy the Employer’s Requirements, the Contractor shall as a minimum deploy the following key personnel for the project as the Work may require and demanded by the Engineer. 1.Project Manager: M.Sc. / B.Sc. degree in Water and Waste Water engineering, Hydraulic Engineering, Civil Engineering, other related engineering fields. • Minimum of 10 / 12 years relevant experience in diverse areas including a minimum of 5 years of wastewater treatment projects (min 10 ,000 m3/d) management, 3 years of management of study and design of wastewater projects, and 4 years of management of the supervision of large infrastructure projects. • Experience shall be in management of DBO projects. 2.Process Engineer & Design Manager: M.Sc. / B.Sc. degree in Environmental/ Chemical /Civil Engineering and related fields. • Minimum of 10 / 12 years relevant experience in study and design of wastewater projects, especially as a design team leader in wastewater treatment plant projects. • Extensive experience in process design for activated sludge-based wastewater treatment plants with capacity 10,000 m3/d and above. • Experience in design of mechanical sludge treatment systems. Experience in commissioning of wastewater treatment plants. 3.Mechanical Engineer: M.Sc. / B.Sc. degree in Mechanical Engineering and related fields Page 12 of 135

  13. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements • Minimum of 8 / 10 years relevant experience in study and design of waste water projects, especially pumping stations and conventional wastewater treatment plants. Extensive experience in selection and design of pipe works, electro- mechanical equipments and devices of conventional wastewater treatment plants. Experience in commissioning of wastewater treatment plants. • • 4.Electrical Engineer: M.Sc. / B.Sc. degree in Electrical Engineering and related fields. • Minimum of 8 / 10 years relevant experience in study and design of waste water projects, especially pumping stations and conventional wastewater treatment plants. • Extensive experience in design of the electrical system for electro- mechanical equipments and devices of conventional wastewater treatment plants. 5.Automation & Instrumentation Engineer: M.Sc. / B.Sc. degree in Electrical Engineering / Computer Science and related fields. • Minimum of 8 / 10 years relevant experience in study and design of waste water projects, especially pumping stations and conventional wastewater treatment plants. • Extensive experience in automation of conventional wastewater treatment plants, 6.Geotechnical Engineer: M.Sc. / B.Sc. degree in Geotechnical Engineering and related fields • Minimum of 8 / 10 years relevant experience in geotechnical investigation and design of foundation for water retaining structures. 7.Structural Engineer: M.Sc. / B.Sc. degree in Structural Engineering and related fields. • Minimum of 8 / 10 years relevant experience in design of water retaining structures, building faculties. 8.Construction Manager: M.SC. / B.Sc. degree, in Civil Engineering, Construction Engineering, Hydraulic Engineering or other related fields; • Minimum of 8/10 years relevant experience in construction of wastewater treatment plant project with specific experience of about 4 years as Construction Manager. 9.Construction Engineer: M.SC. / B.Sc. degree, in Civil Engineering, Construction Engineering, Hydraulic Engineering or other related fields; • Minimum of 8/10 years relevant experience in construction of wastewater treatment plant project with specific experience of about 4 years as Construction Engineer. 10.Contract & Procurement Engineer: M.SC. / B.Sc. degree, in Civil Engineering, Construction Management or other related fields; • Minimum of 8/10 years relevant experience in wastewater treatment plant project with specific experience of about 4 years Page 13 of 135

  14. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements as Contract administrator. 11.Operation's Manager, Chief of Operation, Superintendent (Contractor’s Representative): B.Sc. degree in Sanitary/Environmental/ Chemical /Civil Engineering and related fields. • Minimum of 7 years relevant experience in administration, operation, and maintenance of conventional wastewater treatment plant with capacity > 10,000m3/d. • Minimum of 3 years supervisory experience. • Relevant operator certificate (Level 4 or equivalent) from accredited institution. 12.Operation Supervisor: B.Sc. degree in Sanitary /Environmental/ Chemical /Civil Engineering and related fields or Diploma from Vocational College. • Minimum of 5 /7 years relevant experience in operations of conventional wastewater treatment plants. • Experience in day to day supervision and coordination of activities of plant operators, laborers, and other plant personnel. • Relevant operator certificate from accredited institution 13.Operator: Diploma in Sanitary/Civil /Chemical from Vocational College. • Minimum of 5 years operations of conventional wastewater treatment plants. • Relevant operator certificate from accredited institution relevant experience in day to day 14.Maintenance Supervisor: B.Sc. degree in Mechanical Engineering and related fields or Diploma from Vocational College. • Minimum of 5 years relevant experience in preventive, corrective maintenance activities of conventional wastewater treatment plants. • Experience in day to day supervision and coordination of maintenance technicians, electricians, laborers, and other plant personnel. • Relevant maintenance certificate from accredited institution. 15.Electro Mechanical Maintenance: B.Sc. degree in Mechanical/ Electrical Engineering and related fields or Diploma from Vocational Colleges. • Minimum of 5 /7 years relevant experience in preventive and corrective maintenance of conventional wastewater treatment plants. • Experience in day to day maintenance of equipments, machineries, devices of wastewater treatment plant. • Experience in day to day repair, maintenance of electrical, electronic operating and control systems and equipment including instrumentation, cooling & heating system. 16.Chemist: B.Sc. degree in Chemistry and related fields. • Minimum of 5 years relevant experience in supervising and performing chemical, bacteriological, and physical tests and analysis of raw, partially treated, and treated wastewater to for plant operation. Page 14 of 135

  15. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements To satisfy the Employer’s Requirements, the Contractor shall mobilize or plant somewhere outside the site as a minimum the following listed equipment’s to execute the work. The equipment listed in the table are only indicative of the minimum requirements. The Contractor shall deploy all the required equipment and any other equipment not mentioned herein, which might be needed for emergency situations or which might be determined necessary for the proper execution of any part of the contract as per the contract and contractor’s proposal. Minimum Number Required Equipment Type and Characteristics N o. Allotted point Minimum Capacity 25 ton with 40 m booming height Greater than or equal to 1.5 m3 Greater than or equal to 1.5 m3 Greater than or equal to 2 m3 Greater than or equal to 14 m3 12 ton 10000 ltr 1 Mobile crane 1 1.0 Chain Excavator with Jack hammer 2 1 1.0 3 Wheel Excavator 1 1.0 4 Wheel Loader 2 1.0 5 Dump trucks 4 1.0 6 7 Steel drum roller Water truck Steel scaffolding (age of less than 5 years of use) Yellow panel/ imported ply wood (age of less than 2years of use) 1 1 1.0 1.0 At least 20% of the project formwork area. Different diameter & thickness 8 1.5 At least 20% of the project formwork area. 9 Different sizes & thickness 1.5 Sub Clause 4.2 Performance Security Replace the 2nd Paragraph with the following: •The Contractor shall deliver the Performance Security to the Employer within fifteen (15) days after receiving the Letter of Acceptance or Signing the Contract, and shall send a copy to the Engineer. The Performance Security shall be issued by an entity and from within a country (or other jurisdiction) approved by the Employer, and shall be in the form annexed to the Particular Conditions or in another form approved by the Employer. Please add the following at the end of this Sub-clause: •The performance security shall be in the form of an Unconditional Guarantee/bond from a Bank/Insurance Company or it may be in the form of conditional Guarantee/bond from Bank/Insurance Company in an amount of ten (10) percent of the contract price in accordance with the conditions of Contract and the currency for performance security shall be in Ethiopian birr. •The performance security shall be issued by a Local Bank or Insurance registered at the National Bank of Ethiopia. However, if the institution or bank issuing the bond is located outside Ethiopia, the security shall be counter-guaranteed by an Ethiopian bank or Insurance. Page 15 of 135

  16. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements •No payments shall be made in favour of the Contractor prior to the provision of the Performance Security. •The Performance Security shall continue to remain valid until the contract has been fully and properly implemented. The performance security shall be valid until a date 28 days from the date of issue of the Final Taking-Over Certificate or Defect Liability Certificate. •Whenever the Contract price as a result of a change in cost and /or legislation or the result of additional work amounting to more than 10 percent of the portion of Contract Price, at the Engineer’s written request , the Contractor shall promptly increase the value of the performance security by an equal percentage. •The performance security of a joint venture shall be in the name of the joint venture, unless the JV partners submit an officially signed agreement or Memorandum of Understanding to make in the name of one of the JV partner. In whatever case, the JV partners shall be jointly and severally liable. •The proceeds of the Performance Security shall be payable to the Employer as compensation for any loss resulting from the Contractor’s failure to complete its obligations under the Contract. •The Performance Security shall be denominated in birr, and shall be in the form of cash, cheque certified by a reputable bank, letter of credit, Insurance Guarantee or Bank. •The Contractor shall extend the validity of the performance security following any extension of time that may be granted to the Contractor. •During the performance of the contract, if the natural or legal person providing the Performance Security is not able to abide by his commitments, the Performance Security shall cease to be valid. The Employer shall give formal notice to the Contractor to provide a new Performance Security on the same terms as the previous one. Should the Contractor fail to provide a new Performance Security the Employer may terminate the Contract. •The Employer shall demand payment from the Performance Security of all sums for which the guarantor is liable under the Performance Security due to the Contractor's default under the Contract, in accordance with the terms of the Performance Security and up to the value thereof. The guarantor shall, without delay, pay those sums upon demand from the Employer and may not raise any objection for any reason whatsoever. Prior to making any claim under the Performance Security, the Employer shall notify the Contractor stating the nature of the default in respect of which the claim is to be made. •The Performance Security shall be discharged by the Employer and returned to the Contractor not later than twenty-eight (28) days following the date of issuing of the signed Final Statement of Account, for its total amount except for amounts which are the subject of amicable settlement of disputes. •If the performance security is in the form of a bank guarantee, it shall be issued either : (a)by a bank located in the country, or (b)directly by a foreign bank acceptable to the Employer. If the Performance Security is not in the form of a bank guarantee, it shall be furnished by a financial entity registered, or licensed to do business, in the country. Page 16 of 135

  17. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Sub-Clause 4.4 Subcontractors Add the following at the end of Sub Clause 4.4 (d) Sub-contractor’s experience testimonial should be submitted to the Engineer and approval of the Subcontractors should be issued before subcontracting the work. Add the following at the end of the first paragraph: Sub Clause 4.10 Site Data The Contractor shall be responsible for collecting all the data on hydrological, sub- surface condition at the site and environment and the available data shall not absolve the Contractor from its obligation. Sub Clause 4.12 Unforeseeable Physical Conditions Replace 4.12 (b) with the following: 4.12 (b) payments for any such cost up to a maximum of 0.10 % of the contract price shall be included in the contract price and the cost of the unforeseeable condition shall be borne by the DB contractor. Sub Clause 4.18 Protection of the Environment Add the following paragraph at the end of Sub Clause 4.18 The Contractor shall, within 14 days after commencement of the Works, meet the Engineer to present and discuss his plan for the establishment of safety measures as may be necessary to provide against accidents, unsafe acts, and so forth. Within 28 days after commencement of the Works, the Contractor shall submit a written safety, security and environmental protection programs to the Engineer covering the overall works and based on the laws and regulations of Ethiopia and ES 3965:2015. (Environmental, Health, and Safety General Guidelines, EHS/ES). Sub Clause 4.19 Electricity, and Gas Add the following paragraph at the end of Sub Clause 4.19 Water The Contractor shall use its own arrangements for electricity, water, gas and other services as may be available on the Site and of which the contractor can confirm the availability of all facilities during the site visit before bid submission. The Contractor shall, at his risk and cost provides any apparatus necessary for such determination and for his use of these services. The Contractor shall also provide Electricity, Water and Gas to the Engineer. The quantities consumed by the Engineer and the costs thereof are deemed to be included in the Contractor’s rate. Sub-Clause General Obligations 5.1 Please add the following at the end of the second paragraph of this sub-clause. The DB Contractor shall examine the content of the Employer’s Requirements and if any errors are found and corrections are necessary, the Contractor shall notify the Engineer and the correction to the designs shall be submitted within reasonable time for approval. Design Sub-Clause 5.6: As- Built Drawing Add the following sentence at the end of the third paragraph of this Sub-Clause. “Provided always that the Contractor may submit as-built drawings of any Section not later than 1 month after the taking over of the corresponding Section and during the Defects Notification Period for any outstanding or minor work that does not substantially affect the Page 17 of 135

  18. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements use of the Works for their intended purpose or does not affect Tests on Completion to be carried out pursuant to Sub-Clause 9.1 [Contractor’sObligations].” Clause 6 Staff and Labour Staff and Labour Add the following Sub-Clauses At the end of Sub-Clause 6.6, insert: Sub-Clause Facilities for Staff and Labour 6.6: The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide to the satisfaction of the Engineer and the Employer, the Facilities to be provided to the Engineer and the Employer described under Section VIII Annex to the Particular Conditions of Contract (A) of the Tender document. The facilities listed under Section VIII Annex to the Particular Conditions of Contract to be provided for the Engineer shall also apply for the Employer. Sub-Clause 6.8 Insert at the end of sub-clause 6.8. A reasonable portion of contractor’s superintending staff shall have a working knowledge of English language or competent interpreters shall be available on site during all working hours. Sub-Clause Disorderly Conduct 6.11: Delete Sub Clause 6.11 in its entirety and replace with the following. The Contractor and his Subcontractors shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst the Contractor’s and his Subcontractor’s Personnel, to preserve peace and protection of persons and property on and near the Site. The Contractor and his Subcontractors shall, at all times, during the continuance of the Contract abide fully by the governing laws and regulations. Sub-Clause Insurance Coverage 6.12: The Contractor shall in accordance with the Workman's Compensation Act of the Laws of the Country and any other Regulations in force from time to time in the Country, pay compensation for loss or damage suffered in consequence of any accident or injury or disease resulting from his work to any workman or other person in the employment of the Contractor or any Subcontractor. Sub-Clause Employment Personnel 6.13.1: Foreign personnel employment is allowed only for work type which could not be covered by local personnel as per Ethiopian Ministry of Labour and Social Affairs Directives (January 2011). However, if the engineer and the employer founds that the foreign personnel can execute the works with much better quality than the local, they will allow the employment of the foreign personnel. For any foreign personnel who is necessary for the execution of the Works, the Contractor must ensure that these personnel are provided with the required residence visas and work permits and shall be responsible for the return to the place where they were recruited or their domicile of imported Contractor’s Personnel. In the event of the death in the Country of any of these personnel or members of their families, the Contractor shall similarly be responsible for making the appropriate arrangements for their return or burial. of Sub-Clause Visas Permits 6.13.2: Work and Sub-Clause 7.2 Samples Please add the following: • All goods purchased under the contract shall have their origin in any eligible source country as defined in ITB Clause 49 of the Bidding Documents. • The works, components and materials shall conform to the specifications, drawings, surveys, models, samples, patterns and other details of the Page 18 of 135

  19. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Employer’s requirement which shall be held at the disposal of the Employer or the Engineer for the purposes of identification throughout the period of performance. • Any preliminary technical acceptance shall be the subject of a request sent by the Contractor to the Engineer. The request shall indicate the reference to the contract, and the place where such acceptance is to take place, as appropriate. The components and materials specified in the request must be certified by the Engineer as meeting the requirements for such acceptance prior to their incorporation in the works. • Even if materials or items to be incorporated in the works or in the manufacture of components have been technically accepted in this way, they may still be rejected and must be replaced immediately by the Contractor if a further examination reveals defects or faults. The Contractor may be given the opportunity to repair and make good materials and items which have been rejected, but such materials and items will be accepted for incorporation in the works only if they have been repaired and made good to the satisfaction of the Engineer. Sub-Clause 7.3 Inspection Please add the following: • The Contractor shall ensure that the components and materials are delivered to the site in time to allow the Engineer to proceed with acceptance of the components and materials. • The Engineer shall be entitled, to inspect, examine, measure and test the components, materials and workmanship, and check the progress of preparation, fabrication or manufacture of anything being prepared, fabricated or manufactured for delivery under the contract in order to establish whether the components, materials and workmanship are of the requisite quality and quantity. Sub-Clause 7.4 Testing Please add the following: • If the Engineer and the Contractor disagree on the test results, each shall give a statement of his views to the other within 15 days after such disagreement arises. The Engineer or the Contractor may require such tests to be repeated on the same terms and conditions or, if either party so requests, by an expert to be selected by common consent. All test reports shall be submitted to the Engineer who shall communicate the results of these tests without delay to the Contractor. The results of the re-testing shall be conclusive. The cost of the re-testing shall also be borne by the contractor. • In addition to Testing defined in clause 7.4, the Engineer and the Contractor shall carryout all the necessary tests at every stage of the construction. Whenever it is deemed necessary that the tests shall be executed outside the project site, the Engineer shall fix the place and time of execution of the tests. Clause Royalties 7.8 : Add the following Clause 7.8 Royalties in respect of the extraction of material from borrow pits and quarries for use in connection with the works shall be paid by the Contractor. The Contractor Page 19 of 135

  20. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements shall also be liable for all payments or compensation, if any, levied in connection with the dumping of materials and spoil areas. Clause Commencement of Work 8.1 : Replace the second statement of the first paragraph of this Sub-clause with the following. The Commencement date shall be the later date of 14 cal. days from site handover date or the settlement of the advance payment to the Contractor by the Employer and the contractor is expected to mobilize and commence the permanent work starting from this day. Sub-Clause Time Completion 8.2 for Delete the first paragraph of this sub-clause and replace with the following. The Contractor shall complete the Whole of the Works within 730 Calendar days from the Commencement Date. The Contractor shall complete the Works in stages as defined as sections, in the Appendix to Tender, and each Section within the Time for Completion for the Works or Section (as the case may be). Sub-Clause 8.3 Programme Add the following paragraph at the end of Sub Clause 8.3 The Programme shall be submitted in two copies in the form of a Critical Path Method Network (CPM Network) showing the order of procedure and description of the construction methods and arrangements by which he proposes to carry out the Works. In addition, the aforesaid critical path programme should be supplemented by; (i) provision of the carrying out the detail design (which shall not exceed two months from commencement) and Engineer’s Site facilities including adequate transport facilities, complete with all services, fully furnished and equipped and functional in all respects, to the Engineer’s satisfaction; (ii) A Gantt/time-bar chart detailing each construction activity, showing for each construction activity; the periods of construction activity planned; the percentage completion anticipated per month; the total estimated quantity of work; the average monthly production planned; and (iii) a detailed work method statement in respect of each construction activity. It should also be supplemented by a time- bar chart of the same programme. The Programme shall be co- ordinated with climatic, groundwater and other conditions to provide for the completion of the works in the order and by the time specified. The Programme shall be revised at quarterly intervals and should include a chart of the principal quantities of the forecast for execution monthly. The programme shall detail the equipment and labour resources to be allocated to each and every construction operation, and shall aggregate, on a weekly basis, all equipment and labour, to show the total numbers of each category of equipment Page 20 of 135

  21. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements and labour required at any given time in order to allow the Contractor to adhere to the programme. The programme shall detail the Contractor’s intentions for mobilisation at the Site, clearly stating deadlines for completion and delivery dates, as appropriate, and shall include but shall not be limited to provision of the Contractor’s establishment, including: • offices, accommodation, workshops, secure stores, complete and, • in the Engineer’s opinion, adequately serviced, furnished and equipped and functional in all respects; The detailed work method statement of each particular construction activity shall list by category/type and quantity the labour, skilled labour, supervisors, plant, equipment and materials to be employed on the particular construction activity; together with: the estimated average daily production anticipated; the estimated equipment availability and utilisation factor anticipated; and a detailed step description of the way in which resources are to be utilised to achieve the construction. The Contractor shall submit to the Engineer a general description of his proposed arrangements and methods for the execution of the Works, including, temporary offices, construction equipment and its intended production output, working shift arrangements, labour strength, skilled and unskilled, and supervision arrangements, power supply arrangements, supply of materials including a materials utilisation programme, aggregate storage, cement handling, concrete mixing and handling, methods of excavation, dealing with curing , testing methods and facilities. The Contractor’s attention is particularly drawn to the need to familiarise himself with customs procedures in connection with importation, and to allow sufficient time in its programme for these to be completed. The Engineer shall give his comment within 14 days of receipt of the Contractor’s work program and the Contractor shall re-submit the corrected work program after addressing the Engineer’s comment. Following this, the Engineer and the Contractor shall make a presentation of the assumption and the details analysis of the corrected work program to the Employer. The same shall be consented by Employer/ Engineer within 2 months of Commencement of the Works. The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances which may adversely affect the work, increase the Contract Price or delay the execution of the Works. If, at any time, the Engineer notice to the Contractor that a programme fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor’s stated intentions, the Contractor shall submit a revised programme to the Engineer in accordance with this Sub-Clause. The Contractor shall not be allowed to commence permanent work until work program is consented as indicated above. Page 21 of 135

  22. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements If details of the Contractor’s proposals for Temporary Works are required by the Engineer for his own information the Contractor shall submit such detail within fourteen days of being requested to do so. The Contractor shall, wherever required by the Engineer, also provided in writing for information a detailed description of the arrangements and methods which the Contractor proposes to adopt for the execution of any particular part of the Works as directed by the Engineer. Progress reporting by the Contractor should be supported on a monthly basis with an up-to-date analysis of the progress including a statement on items which are or are about to become critical to the Progress of Works, along with proposals on how the Contractor intends to address the situation. For each component, the programme shall include performance monitoring checklist and indicators separately as well as the detail the resources to be provided or utilized and any related sub- contracting proposed. Public Holidays The Contractor shall allow in his Programme for the following public holidays per calendar year as observed in the Federal Democratic Republic of Ethiopia and upon which days the Contractor shall not be permitted to work: Ethiopian Christmas Day Ethiopian Epiphany Victory of Adwa Commemoration Day Id-ul-Fitr (Ramadan) Ethiopian Good Friday Labour Day Id-ul-Adaha (Arefa) Birthday of Prophet Ethiopian New Year The finding of the true cross (Meskel) Ethiopian Easter Ethiopian Patriots Victory Commemoration Day The Contractor shall also allow per calendar year for a further two unspecified public holidays, which may be announced by the Federal Democratic Republic of Ethiopia with no prior notification, and upon which days he shall not be permitted to work. The Employer shall have the right to withhold payment amounting to Birr 1,000,000.00 per month for the delay any time if the Contractor fails to submit the master work programme or revised construction programme. The amount thus withheld will be eligible for reimbursement in the Interim Payment Certificate for the month following the month of submittal of the Programme. The amount to be withheld for late submission of an updated Program 15 cal. days from the Engineer’s notice to the contractor that a program falls to comply with the contract, is 1.0 % of the Interim Payment or 1,000,000 birr whichever is minimum. Page 22 of 135

  23. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Sub-Clause 8.4 Extension of Time for Completion Add the following after Clause 8.4 (e): If the Contractor considers himself to be entitled to any extension of the Time for Completion, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended; the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer’s liability, the Engineer may, after receiving any notice under this Sub-Clause, monitor the record- keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as maybe proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time. Provided also that where an event has a continuing effect such that it is not practicable for the Contractor to submit detailed particulars within the period of 42 days, he shall nevertheless be entitled to receive a response on the principles of his claim within 42 days after submitting the interim particulars and final particulars (within 42 days of the end of the effects resulting from the event). On receipt of such interim particulars, the Engineer shall, without undue delay, make an interim determination of extension of time and, on receipt of the final particulars, the Engineer shall review all the circumstances and shall determine an overall extension of time in regard to the event. In both such cases the Engineer shall make his determination after due consultation with the Employer and the Contractor and shall notify the Contractor of the determination, with a copy to the Employer. No final review shall result in a decrease of any extension of time already determined by the Engineer. Sub-Clause Delay Damages 8.7 Add the following after the last paragraph: If the Contractor fails to carry out any or all of the Works within the period specified in the Contract, the Employer may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages the following: •A penalty of 0.1% or 1/1000 of the value of the Contract Price for each day of delay until actual delivery or performance, Page 23 of 135

  24. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements •The total amount due under this Sub-Clause shall not exceed the maximum amount of delay damages (if any) for the whole of the Works is ten percent (10%) of the Final Contract Price. Sub-Clause Failure to Pass Tests on Completion 9.4: At the end of Sub-Clause 9.4, insert: Should any of the equipment fail to meet the guarantees or other requirements of the Contract within the time covered by the guarantees, the Employer may direct the Contractor to proceed at once to make alterations or furnish new parts as may be necessary to meet the guarantees or other requirements. All expense of furnishing, delivering, and installing new parts, or making alterations to existing parts, and of tests made necessary by failure of the equipment to meet the guarantees or other requirements of the Contract shall be borne by the Contractor. If, after due notice, the Contractor shall refuse to correct any failure of the equipment to meet the requirements of the Contract Documents during the guarantee period, the Employer may proceed at his own expense to correct such failure and to collect from the Contractor an amount equal to the actual expense so incurred, including overhead and all other incidental expenses. This remedy of the Employer is in addition to any and all other remedies provided for in the Contract or as provided by law or equity. Sub-Clause Taking Over of the Works and Sections 10.1 Please replace the last statement of the second paragraph as follows. The Woks are divided into Sections and completion stage of each section is defined in the Appendix to Tender, and Taking-Over of the Sections may be requested by the Contractor depending on the Employer’s demand. Sub-Clause Adjustments Changes in Cost The Contract is subject to price adjustment for the period beyond 365 calendar days of the signing of the contract in accordance with clause 62 of the General Conditions of Contract and the following: 13.8 for a)The Base cost indices or prices for price adjustment shall be the prices attached with this Contract Agreement; b)The Contractor shall submit to the Engineer monthly prices for the mentioned items either from Manufacturers or Ethiopian Statistics Agency as per the Contract. c)Submission of monthly prices for the mentioned items either from Ethiopian Statistics Agency or from a renowned local producer or competent foreign institution is fully the responsibility of the Contractor. d)The formula to be used for the amount of Price adjustment to be paid to, or recovered from, the Contractor, shall be the following. pn = A + b Ln + c Mn + d En + etc. Lo Mo Eo Where : • Pn is price adjustment factor to be applied to the amount for each payment certificate; Page 24 of 135

  25. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements • A is the a constant, specified in the Contractor’s Bid, representing the nonadjustable portion in the contractual payment; b,c,d,etc, are weightings or coefficients representing the estimated portion of each cost element (labor, materials, equipment usage, etc) in the Works or section thereof, net of Provisional Sums, as specified in the Contractor’s Bid; the sum of A, b, C, d, etc, shall be one; Ln,Mn,En, etc, are the current cost indices or reference prices of the cost elements at the date 28 days prior to the last day of the period to which a particular Interim Payment Certification is related; and Lo,Mo,Eo, etc are the base cost indices or reference prices corresponding to the above cost elements at the date 28 days prior to the deadline for bid submission. • • • NO. BASE MATERIALS CEMENT OPC CEMENT PPC REINFORCEMENT BARS ALUMINUM Granite Marble Porcelain Ceramic Electrical cables Imported Electrical Items Imported Electro Mechanical Items Diesel Benzene UNIT Quintal Quintal kg Kg M2 M2 M2 M2 ml Pcs Pcs Liter Litre 1 MATERIAL 2 Fuel N.B. The Contractor has submitted base price with the Tender for the Base Price of the Above Listed Items. The Consultant and the Employer will review the submitted data and determine the base price based on market study and contractor’s tender submission, and it will be annexed and considered as part of the Annex to this Contract Agreement. Sub-Clause 14.2 Advance Payment Insert the following at the head of sub-clause 14.2: Advance payment shall be granted to the Contractor, at his own request. The total amount of the advance payment shall be: 20% of the total contract price. The advance payment will be released within 30 days of the submission of acceptable guarantee. (a) An Advance Payment Security shall be required in the form of unconditional bank guarantee. Page 25 of 135

  26. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements (b)An advance payment shall be made within 30 days after the Effective Date. (c)The Advance Payment Security shall be in the amount and in the currency of the Ethiopian birr portion of the advance payment. (d)The repayment of the advance payments shall take the form of deductions based on the monthly claims. •The advance payment (maximum of 20%) shall be repaid by means of deductions from the instalments and, if necessary, the balance due to the Contractor. This repayment shall begin with the first instalment and be completed, at the very latest; by the time 80% of the amount of the contract has been paid. •Repayment shall be made in the same currency as the advance payment. •The amount to be deducted from each instalment shall be calculated using the following formula: R = Va D Vt 0.8 where: R = the amount to be repaid Va = the total amount of the advance payment Vt = the initial contract amount D = the amount of the instalment. •The Contractor shall prepare a mobilization schedule and work program for the design and construction works in order to obtain an advance payment. •The premium for Contractor’s All Risk Insurance shall be part of the first Advance payment instalment for local Contractor’s. In this regard, unless the insurance policy is in place after having the consent of the Employer on the same, the second instalment will not be due to the Contractor. •Besides, the contractor shall submit the mobilization schedule and an acceptable work programme as per 8.3 of the condition of the contract. If the contractor fails to submit an acceptable work programme in strict adherence to the requirement of the contract document which is in harmony with the mobilization schedule, the Engineer may not process the advance payment request. Withstanding to this, if the Contractor is far behind the approved work programme and if in the opinion of the Employer the Contractor could not complete the works on the remaining revised/original contract duration, it is construed that the contractor has defaulted his performance obligation and the Employer is at liberty to terminate the contract. •The Advance Guarantee shall be in the form of Bank Guarantee/unconditional. The advance payment will be released after the submission of acceptable guarantee and acceptable Disbursement Schedule. •Advance payment security shall remain effective until the advance payment has been completely repaid by the Contractor out of interim payments under the contract. •The Contractor shall use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Page 26 of 135

  27. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer. Should the Contractor misuse any portion of the advance payment, it shall become due and repayable immediately and no further advance payments will be made to him. Please add the following below (c) of this sub-clause: Sub-Clause 14.3 Application for Interim Payment Certificates “ …..The sum which shall be retained from interim payments by way of guarantee to meet the Contractor's obligations during the Defects Liability Period, and the detailed rules governing that guarantee, shall be 5% of the contract price. Subject to the approval of the Employer, the Contractor may, if he so wishes, substitute, not later than the date fixed for the commencement of the works, these retention sums by a retention guarantee issued in accordance with the form approved by the Engineer and the Employer. The sum retained or the retention guarantee shall be released within 45 days of the issuing of the signed final statement of account.” Sub-Clause Payment 14.7 Delete (a), (b) and (c) of Sub-clause 14.7 and replace with the following. (a)the advance Payment within 30 days of the Employers receiving of Acceptable Guarantee from the Contractor provided that the Contractor has submitted Master Schedule as per the Contract. (b)Payments to the Contractor of the amounts due under each of the interim payment Certificates and the final statement of account issued by the Engineer shall be made by the Public Body within 45 days of such certificate of statement being delivered to the Public Body. The date of payment shall be the date on which the paying institution's account is debited. The payment certificate shall not be admissible if one or more essential requirements are not met, and (c)The amount certified in the Final Payment Certificate within 90 calendar days after the Employer receives this Payment Certificate. Sub-Clause 14.8 Delayed payments In the event of the failure of the Employer to make payment within the times stated, the Employer shall pay to the Contractor interest at the rediscount rate applied by the National bank of Ethiopia on the first day of the month in which the time-limit expired. The interest shall be payable for the time elapsed between the expiry of the payment deadline and the date on which the Employer’s account is debited. Sub Payment Retention Money Clause 14.9 of Insert the following statement at the end of the first paragraph of this sub clause “If the Contractor demands the release of the remaining 2.5% retention money before the issuance of the Performance Certificate by the Engineer as per Clause 11.9, it shall be certified by the Engineer for payment to the Contractor and upon a Page 27 of 135

  28. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements written request by the Contractor together with an equivalent amount of unconditional bank guarantee.” Sub Clause 14.15 Currencies Payment Delete all Sub-Clause 14.15 and replace with the following. of The currency of account shall be the Ethiopian Birr, and all payments in accordance with the Contract or such other sum shall be paid in Ethiopian Birr. Sub Clause 14.16 Exemption Taxes and Customs Duties Add additional Sub Clause from Notwithstanding the provisions of Sub-Clause 1.13 [Compliance with Laws] the Contract Price shall be on a plus Value Added Tax (VAT) bases. In the event that the Contract (Item of the work and/or Goods) is exempted from taxes, the Employer will facilitate the duty free from the concerned authority and provide the letter of exemption to the Contractor. The Employer will request the concerned authority the amount of the exempted tax, and the Contractor will be notified for the amount exempted. An equivalent amount of the exempted money will be deducted from the payments to be settled for the Contractor. As per Tax Proclamation of FDRE, the Contractor shall issue the VAT invoice to the Employer once the Payment Certificate was approved for exempted works and meanwhile, the Employer shall issue the VAT voucher and withholding tax receipt to the Contactor. Sub-Clause 18.1 General Requirements for Insurance At the end of Sub-Clause 18.1, insert: The Contractor shall provide written evidence to the Employer prior to the start of work at the Site, and within 14 days of the Commencement Date, that the insurances required under the Contract have been effected and shall, within 28 days of the Commencement Date, provide the insurance policies to the Employer. The general terms of such policies shall be approved by the Employer prior to the Commencement Date. Generally, the Contractor is the insuring party. All insurers under this Contract shall be registered in the Federal Democratic Republic of Ethiopia. All insurance policies shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage. The Contractor shall at its own expense take out and maintain in effect, the insurances set forth in detail in contract agreement. Page 28 of 135

  29. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Sub-Clause 18.2 & 18.3 Insurance for Works and Contractor’s Equipment, injury to Persons and Damage to Property Please add the following and read in conjunction with Sub-Clause 18.2 and 18.3. • The minimum cover for insurance of the design is equal to the value of the design in the Contract; • The minimum cover for insurance of the Works, Plant and Materials is 110% of the entire contract amount; • The maximum deductible for insurance of the Works, Plant and Materials is 10% of the entire contract amount; • The minimum cover for insurance of Equipment is 100% of the value of the equipment required for the performance of the contract; • The maximum deductible for insurance of Equipment is 10%; • The minimum cover for insurance of property is ETB 2,500,000 (Two Million Five Hundred Thousand); • The maximum deductible for insurance of property is 100% of loss value; • The minimum cover for personal injury or death insurance is ETB 250,000 (Two Hundred Fifty Thousand) with no deductible. Sub-Clause 18.4 Add the following in this sub-clause: If the contractor fails to renew insurances before 21 days of the expiration date, the Employer may directly pay the renewal fees to the insurance company, and may be deducted by the Employer from any monies due, or to become due, to the Contractor.” Authentication of insurances and guarantees, indicated in this contract is mandatory. All securities furnished by foreign bidders from a bank outside of Ethiopia shall to be certified or counter guaranteed by local banks/financial institutions.” Each policy of insurance effected by the Contractor for purpose of the Contract shall be in compliance with the provision of the Contract and renewable and shall include a provision to the effect that the insurer shall have a duty to give notice in writing to the Contractor and Employer of the date when a premium becomes payable not more than thirty (30) days before that date and the policy shall remain in force until thirty (30) days after the giving of such notice. Page 29 of 135

  30. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements No Appointment of Dispute Adjudication Board or Expert. Sub Clauses 20.2 – 20.8 : Disputes and Arbitration Delete Sub-Clauses 20.2 – 20.8 entirely and replace with the following. 20.Settlement of Disputes 20.1During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that the Contractor shall continue its performance of the Contract (unless the Employer requests in writing that the Contractor does not do so). 20.2The Employer and the Contractor shall make every effort to resolve amicably by direct informal negotiation any disagreement, controversy or dispute arising between them under or in connection with the Contract or interpretation thereof. 20.3If a dispute arises between the Employer and the Contractor in relation to any matter which cannot be resolved by the Engineer and the Contractor's Contract Manager, either of them may refer such dispute to the procedure described in 20.4 below. 20.4In the second instance each of the Employer and the Contractor shall appoint more senior representatives than those referred to in Sub-Clause 20.4above to meet solely in order to resolve the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Employer (but the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question at the discretion of the chairman. 20.5If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days from the commencement of such procedure, either party may require that the dispute be referred for resolution through the courts in accordance with Ethiopian Law. 20.6Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law. Page 30 of 135

  31. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 4 ANNEX TO THE PARTICULAR CONDITIONS OF CONTRACT Page 31 of 135

  32. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Conditions of Contract Sub-Clause Parties and Persons 1.1.2.2 Employer is: - FDRE, MoE, Jinka University 1.1.2.3 Contractor is: ATEM GC PLC 1.1.2.4 Engineer is: Acute Engineering Plc. The commencement date shall be the later date of 14 days from Site Hand Over or the settlement of the advance payment to the Contractor by the Employer. Commencement Date 1.1.3.2 Dates, Tests, Periods and Completion 1.1.3.3 Time for completion from the Commencement Date is: Time for Completion is 730 Calendar days from the Commencement Date. Defects Period Notification 1.1.3.7 The Defects Notification Period will be 1 year (12 months) following the issuance of the Taking Over Certificate. This includes the 12 months of Plant Operation and Maintenance. Communications 1.3 (a) Agreed systems of electronic transmission are: Emails (with a continuous electronic reference no.). Email address of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Employer is: Email address of the Engineer is: acute@acutengineering.com acutengineering@gmail.com Email address of the Contractor is: atem.bc.plc@gmail.com Law in force governing the Contract is that of the Federal Democratic Republic of Ethiopia Law and Language 1.4 1.4 Ruling language of the Contract is: English. 1.4 Language for communication is: English. Right of Access to the Site 2.1 Employer shall give the Contractor access to the Site immediately after the engineer gives notice for the commencement of works to the contractor or immediately after the site handover. Page 32 of 135

  33. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Engineer’s Duties and Authority 3.1(i) Engineer’s authority to instruct any additional works in any single occurrence is subjected to the approval by the Employer. Performance Security 4.2 Performance Security will be in a form acceptable to Employer in the amount of: Ten percent [(10%)] of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is Payable, i.e. ETB. Limit Subcontracting of 4.4 Subcontracting toanExperiencedElectro Mechanical Firm The design, manufacturing of equipment, and supervision of the erection and start-up of the plant shall be done fully by an International firm who has an experience in the design, manufacturing, installation, commissioning of water and waste water treatment plants in East Africa with a minimum of five years’ proven three similar plant installation, commissioning, operation and maintenance experiences. The contractor shall make a subcontract / associate / JV with the experienced International Electro Mechanical Firm for the major portion of the Electro Mechanical Items. testing and 6.5 As defined in the applicable labour law of the Federal Democratic Republic of Ethiopia. Working Hours Normal working hours are: 8:00 am – 5:00 pm from Monday - Saturday. Locally recognized days of rest: Sundays and all recognized public holidays Government. by Ethiopian Commencement Works of 8.1 The commencement date shall be the later of 14 days after notification issued by the Engineer to commence the work or the date of settlement of advance payment 730 Calendar days from the Commencement Date. Time for Completion 8.2 Time for submission of programme 8.3 Agreed time for submission of a detailed time programme to the Engineer: Page 33 of 135

  34. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements Within 21 (twenty one) days after receiving notice for the commencement of works by the Engineer. Liquidated for the Works damages 8.6 If the Contractor fails to carry out any or all of the Works within the period specified in the Contract, the Employer may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as delay damages the following: 0.1% or 1/1000 of the contract price; The cumulative amount to be paid by the Contractor shall not exceed 10% of the contract price. If the delay in performing the contract affects its activities, the Employer may terminate the contract by giving advance notice to the Contractor as per the Contract without any obligation to wait until the penalty reaches 10% of the value of the Contract. If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. Delay Damages 8.7 The damages for delays shall be as follows: 0.1% of the Contract price per day, in the currencies and proportions in which the Contract Price is Payable, i.e. ETB. The cumulative damage to be paid by the Contractor shall not exceed 10% of the contract price. The Contract Price 14.1 (d) ETB 1,447,429,294.94 (One Billion Four Hundred Forty Seven Million Four Hundred Twenty Nine Thousand Two Hundred Ninety Four Birr and 94 cents with 15% VAT Advance Payment 14.2 Maximum amount of advance payment shall be 20 (Twenty) % of the contract price including VAT. The advance payment guarantee will be in the form of unconditional bank guarantee in amount equal to the advance payment including VAT. The advance payment will be paid to the Contractor within 30 days of the submission Page 34 of 135

  35. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements of acceptable unconditional bank guarantee by the Contractor. Repayment of the advance payment shall start in the first interim payment certificate. 14.2 (a) 14.2 (b) Amortization rate of the advance deduction shall be twenty five percent (25%) from each IPC. Advance Payment shall be recovered in full prior to the time when Eighty present (80 %) of the Accepted Contract Amount has been certified for payment. 14.3(c) Amount to be retained shall be: five present (5.0 %) of Interim Payment Certificates (IPC). Application for Interim Payment Certificates Limit of retention money shall be: five present (5.0 %) of the Contract Price. 14.5 Plant and Materials Intended for Work: Payment for Plant and Material on Site Equivalent of fifty percent (50%) of the cost of plant and materials delivered to the site for incorporation in to the works, provided that the Contractor has submitted full insurance coverage in an acceptable format by the Engineer and the Employer as per PPA’s proclamation for the Plant and Material properly stored at site. 14.6 Issue Payment Certificates of Interim Minimum amount of an Interim Payment Certificates: should not be less than ETB 10 million (Ten million ETB), with no more than one (1) submission per month. Delayed Payment 14.8 Financing charges shall be: Base rate of the National Bank of Ethiopia on the first day of the month in which the time-limit expired. Release of Retention Money 14.9 Against Bank Guarantee Currencies of Payment 14.15 Currencies of payment shall be: Ethiopian Birr (ETB). Page 35 of 135

  36. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 5CONDITIONS OF CONTRACT PART I: GENERAL CONDITIONS of CONTRACT The Conditions of Contract comprise the "GENERAL CONDITRIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD", FIRST EDITION, 1999 for Electrical and Mechanical Plant and for Building and Engineering Works, Designed by the Contractor, published by the FédérationInternationale des Ingénieurs-Conseils (FIDIC), has to be referenced by the contractor and applied in this contract with conditions subject to the variations and additions set out in the "Particular Conditions of Contract", which include amendments and additions to such General Conditions. The FIDIC Conditions of Contract are not reproduced in this Volume as they are protected by copyright. However a copy may be obtained either directly from: FIDIC World Trade Center II FIDIC Secretariat P. O. Box 311 P.O. Box 86 1215 Geneva 15 1000 Lausanne 12 Switzerland Switzerland Phone +41 22 799 49 00 Facsimile: 41 21 653 5432 Fax +41 22 799 49 01 Telephone: 41 21 653 5003 E-mail fidic@fidic.org www http://www.fidic.org Page 36 of 135

  37. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 6EMPLOYER'SREQUIREMENT FOR THE DESIGN, BUILD AND OPERATE OF WASTEWATER TREATMENT PLANT PROJECT AT JINKA UNIVERSITY MAIN CAMPUS Page 37 of 135

  38. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements TABLE OF CONTENTS 1. THE PROJECT ........................................................................................................................... 41 1.1. PROJECT DESCRIPTION ...................................................................................................... 41 1.2. STANDARDS AND DESIGN REFERENCES .......................................................................... 41 1.3. REFERENCE INFORMATION ............................................................................................... 45 2. PLANT REQUIREMENTS ......................................................................................................... 46 2.1. GENERAL .............................................................................................................................. 47 2.2. WW TREATMENT PLANT FACILITIES ................................................................................ 50 2.3. WWTP TEST PROCEDURES AND CERTIFICATES .............................................................. 54 2.4. WWTP OPERATION & MAINTENANCE ............................................................................. 55 3. PLANT DESIGN CRITERIAS ..................................................................................................... 59 3.1. GENERAL .............................................................................................................................. 59 3.2. TECHNOLOGY SELECTION AND DESIGN .......................................................................... 59 3.3. PLANT CAPACITY ................................................................................................................. 60 3.3.1. GENERAL .......................................................................................................................... 60 3.3.2. WASTEWATER INFLUENT FLOWS................................................................................. 60 3.3.3. DESIGN FLOWS ................................................................................................................ 60 3.4. INFLUENT QUALITY AND EFFLUENT STANDARD ........................................................... 60 3.4.1. INFLUENT QUALITY ........................................................................................................ 61 3.4.2. OUTLET EFFLUENT DISCHARGE STANDARD ............................................................... 61 3.5. SLUDGE MANAGMENT ....................................................................................................... 62 3.6. SMELL AND NOISE CONTROL SYSTEM ............................................................................ 62 3.6.1. ODOR CONTROL SYSTEM .............................................................................................. 62 3.6.2. NOISE CONTROL ............................................................................................................. 62 3.7. WASTEWATER DESIGN TEMPERATURE ........................................................................... 62 3.8. MONITORING AND TESTING STANDARDS ...................................................................... 63 4. PLANT PROCESS ...................................................................................................................... 63 4.1. WASTE WATER PUMPING STATION ................................................................................. 63 4.2. PRELIMINARY TREATMENT ............................................................................................... 64 4.2.1. GENERAL .......................................................................................................................... 64 4.2.2. SCREENING ...................................................................................................................... 64 4.2.3. GRIT & GREASE REMOVAL ............................................................................................. 65 4.2.4. LIFT PUMPING STATION ................................................................................................ 67 4.2.5. INLET CHAMBER ............................................................................................................. 67 4.2.6. PRIMARY DISTRIBUTION CHAMBER ............................................................................ 68 Page 38 of 135

  39. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 4.3. PRIMARY TREATMENT ....................................................................................................... 68 4.3.1. PRIMARY CLARIFIERS .................................................................................................... 68 4.3.2. SECONDARY DISTRIBUTION CHAMBER ...................................................................... 69 4.4. SECONDARY TREATMENT ................................................................................................. 69 4.4.1. CONVENTIONAL ACTIVATED SLUDGE SYSTEM ........................................................... 69 4.4.2. BIOLOGICAL TANKS MIXING ......................................................................................... 71 4.4.3. AERATION SYSTEM ......................................................................................................... 71 4.4.4. INTERNAL RECIRCULATION SYSTEM ........................................................................... 72 4.4.5. RETURN ACTIVATED SLUDGE SYSTEM ........................................................................ 72 4.4.6. SECONDARY CLARIFIER ................................................................................................. 72 4.5. TERTIARY TREATMENT ...................................................................................................... 73 4.5.1. DISINFECTION ................................................................................................................. 74 4.6. SLUDGE HANDLING & TREATMENT OF PRIMARY SLUDGE ........................................... 74 4.7. PRIMARY THICKENING SYSTEM ....................................................................................... 75 4.8. PRIMARY SLUDGE STABILIZATION .................................................................................. 75 4.9. BIOLOGICAL SLUDGE THICKENING SYSTEM ................................................................... 75 4.10.AERATED SLUDGE MIXING TANK ..................................................................................... 76 4.11. STABILIZED SLUDGE HOLDING AND DEWATERING ....................................................... 76 4.12. CHEMICAL DOSING SYSTEM .............................................................................................. 77 4.13. RETURN LIQUOR ................................................................................................................. 78 4.14.AUTOMATION ..................................................................................................................... 78 4.15. TREATED EFFLUENT RE-USE .............................................................................................. 78 4.16.WEATHER STATION ............................................................................................................ 78 5. MONITORING, SAMPLING AND TESTING EQUIPMENT ...................................................... 79 5.1. FLOW PARAMETERS ........................................................................................................... 79 5.2. SAMPLING AND TESTING EQUIPMENT ............................................................................ 80 5.3. SITE LABORATORY AND EQUIPMENT .............................................................................. 80 6. SPECIFIC PROCESS REQUIREMENTS .................................................................................... 81 6.1. PROVEN TECHNOLOGY ...................................................................................................... 82 6.2. OPERATIONAL FLEXIBILITY ............................................................................................... 82 6.3. STANDBY CAPACITY ........................................................................................................... 82 6.4. SPACE FOR MAINTENANCE ............................................................................................... 82 6.5. FLOW MEASUREMENT ....................................................................................................... 83 6.6. SAMPLING LOCATIONS ...................................................................................................... 83 6.7. LABORATORY AND ANALYTICAL EQUIPMENT ............................................................... 84 7. MATERIAL SELECTION ............................................................................................................ 84 7.1. EQUIPMENT AND RELATED ITEMS MATERIAL TYPES ................................................... 84 Page 39 of 135

  40. DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT JINKA UNIVERSITY Section V: Employer’s Requirements 7.2. PIPES MATERIAL TYPES ..................................................................................................... 85 7.3. PIPES, FITTINGS, VALVES, METERS AND ACCESSORIES ................................................. 86 7.4. BOLTS, NUTS AND FIXATION TO CIVIL WORKS .............................................................. 86 7.5. MATERIALS REQUIREMENTS ............................................................................................ 86 7.6. ELECTRICITY AND POWER ................................................................................................. 87 7.6.1. AVAILABLE ELECTRICAL SUPPLY TO THE WWTP........................................................ 87 7.6.2. STANDBY GENERATION REQUIREMENTS ................................................................... 87 8. DESIGN REQUIREMENTS........................................................................................................ 87 8.1. SEWER LINE ......................................................................................................................... 87 8.2. PLUMBING WORKS & DESIGN CRITERIA ......................................................................... 90 8.2.1. DESIGN PHASES .............................................................................................................. 90 8.2.2. EQUIPMENT, FIXTURES AND ACCESSORIES STANDARDS ........................................ 90 8.2.3. BASIC WORKMANSHIP................................................................................................... 90 8.3. MECHANICAL WORKS & DESIGN CRITERIA ..................................................................... 91 8.4. ELECTRICAL WORKS & DESIGN CRITERIA ........................................................................ 91 8.5. ELECTRICAL MATERIALS .................................................................................................... 97 8.6. INSTRUMENTATION, SCADA AND TELEMETRY .............................................................. 97 8.7. ARCHITECTURAL DESIGN CRITERIA ................................................................................. 98 8.8. GEOTECHNICAL DESIGN ..................................................................................................... 99 8.9. BUILDINGS AND INFRASTRUCTURES .............................................................................. 99 8.9.1. INTERNAL SITE ACCESS .................................................................................................. 99 8.9.2. CONTROL, ADMINISTRATION, OPERATOR, STORES, LABORATORY BUILDINGS . 100 8.9.3. SECURITY AND BOUNDARY FENCING ........................................................................ 101 8.9.4. UTILITIES, DRAINAGE, FIRE FIGHTING ....................................................................... 101 8.9.5. LANDSCAPING AND PARKING ..................................................................................... 102 8.9.6. LIGHTING ........................................................................................................................ 103 8.9.7. PROCESS BUILDINGS .................................................................................................... 103 8.9.8. OUTLET CHANNEL AND OUTFALL .............................................................................. 104 8.9.9. SAFETY OF PERSONNEL ............................................................................................... 104 8.9.10. DISPLAY MODEL ........................................................................................................... 104 9. MATERIAL TYPES AND STANDARDS................................................................................... 105 9.1. MATERIAL TYPES OF THE ANCILLARY STRUCTURES ................................................... 105 10. ENVIRONMENTAL MANAGEMENT PLAN ....................................................................... 106 11.CONTRACTOR’S KEY PERSONNEL ...................................................................................... 109 12. CONTRACTOR’S SUBMITTALS ......................................................................................... 112 Page 40 of 135

  41. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements 1.THE PROJECT 1.1.PROJECT DESCRIPTION Jinka University is located in Southern Region of Ethiopia, 600 Km southwest of Addis Ababa and 400 km away from Hawassa, in South Omo Zone. It is one of the eleven universities of the fourth generation university in Ethiopia. The Tender for Design, Build and Operate of average daily waste water of 2000 m3/day Waste Treatment plant project at Jinka University Main campus includes: •Detail engineering design of the Waste Water Treatment Plant /WWTP/, •Design and Manufacturing of the Electro Mechanical, Ancillary Equipment’s, spare parts, tools and accessories , •Design and Construction of all associated Civil Works, •Supply, Install, Test, and commissioning of the WWTP, •Operation and Maintenance of the Treatment Plant for two years after provisional acceptance, •Supply and handover all necessary Spare Parts required for Operation and Maintenance of the plant for Five Years by the Employer, •Factory visit and 24 months of on-job Training for the Employer’s Operators, confirming and certifying to the standard required to operate and provide maintenance works of the plant. Therefore the DB Contractor is expected to design, construct, and transfer the plant to the Employer based on the National and International Codes and Standards of all Civil, Electrical and Mechanical Works incorporating any comments and additional professional inputs which will be provided to the Main Contractor and the Electro Mechanical Subcontractor by the Engineer and the Employer in the process of implementation of the Contract, and as per the scope of Work defined in this Employer’s Requirement. 1.2.STANDARDS AND DESIGN REFERENCES The codes and regulations to be applied are those defined by the local authorities or utilities providers, national and international institutions. Where there is no codes and regulations for particular authority or utility provider; the design and construction work shall be performed in accordance with the following standards, specification or Reference Documents: Page 41 of 135

  42. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements • particular discipline), • Ethiopian Building Proclamation, Regulation and Directive thereto, • Adopted standards by Ethiopian Quality Standard Authority (EQSA) shall be used where ever is fit for purpose, • Standard Technical Specification, by Ministry of Infrastructure, 2003, • American Society of Heating and Ventilation, Air Condition Refrigeration Engineers Standard (ASHREA), • British Standard (BS), • Germany Standard (DIN), • Fire Fighting, calculation based on National Fire Protection of America (NFPA), • International Standard Technical Specifications, • Geophysics and Earthquake engineering for seismic design standards, Ethiopian Building Code Standards, EBCS (where ever is appropriate for that • control: BS 5228 -1: 1997, • Safety Signs and Colours: BS 5378 -1: 1980 (1995), BS 5378-2: 1980(1995), BS5378-3: 1982 (1995), • Safety for machinery. Emergency stop equipment functional aspects. Principles for design: BS EN 418: 1992, • Rating Plates, Name Plates and Labels: Each item of Plant shall have permanently attached to it in a conspicuous position a rating plate of durable material engraved with any identification name, type or serial number, together with details of the loading conditions under which it is designed to operate. All switchboard cubicles shall be clearly labeled with their function and the function of each instrument, indication or control. The type of labels and the inscription shall be to the approval of the Engineer, • Emergency Stop and Isolation: Each item of electrically operated plant shall be provided with easily accessible and clearly labeled local start and emergency stop pushbuttons, • And other standards by Ministry of Construction, Ministry of Urban Development and Housing, British Standards Institution (BSI), American Concrete Institute (ACI), American Association of State Highway and Transport Officials (AASHTO), ASTM (American Standard of Testing Materials), Code of practice for basic information and procedures for noise and vibration Page 42 of 135

  43. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements • Ethiopian Standards and Technical Specifications: General Name Code Standard Technical Specification for Building Works (Ethiopian Construction Practice Norms Compulsory Standard) Standard Methods of Measurement for Building Works (Ethiopian Construction Practice Norms Compulsory Standard) Ethiopian Standards based on Euro Norms Basis of Structural Design Ethiopian Standards based on Euro Norms Actions on Structures - Part 1-1: General Actions - Densities, Self-weight, Imposed Loads for Buildings Ethiopian Standards based on Euro Norms Actions on Structures - Part 1-2: General Actions - Actions on Structures Exposed to Fire Ethiopian Standards based on Euro Norms Actions on Structures - Part 3: General Actions - Crane Loads Ethiopian Standards based on Euro Norms Actions on Structures - Part 1- 4: General Actions - Wind Actions Ethiopian Standards based on Euro Norms Actions on Structures - Part 1 - 5: General Actions - Thermal Actions Ethiopian Standards based on Euro Norms Actions on Structures - Part 1 - 6: General Actions - Actions during Execution Ethiopian Standards based on Euro Norms Actions on Structures - Part 1 - 7: General Actions - Accidental Actions Ethiopian Standards based on Euro Norms Design of Concrete Structures - Part 1-1: General Rules and Rules for Buildings Design Aid based on Euro Norms Design for Concrete Structures (Design Aid - ES EN) Code No. Ref. No. Technical Specification 1 CS-167 Methods of Measurement 2 CS-168 Basis of Structural Design Actions ES EN 1990 : 2015 3 ES EN - 0 ES EN 1991 - 1 - 1 : 2015 4 ES EN - 1 ES EN 1991 - 1 - 2 : 2015 5 ES EN - 1 ES EN 1991 - 3 : 2015 6 ES EN - 1 ES EN 1991 -1 - 4 : 2015 7 ES EN - 1 ES EN 1991 -1 - 5 : 2015 8 ES EN - 1 ES EN 1991 -1 - 6 : 2015 9 ES EN - 1 ES EN 1991 -1 - 7 : 2015 10 ES EN - 1 Design of Concrete Structures ES EN 1992 - 1 - 1 : 2015 11 ES EN - 2 Design Aid DA-ES EN 1992 : 2015 12 ES EN - 2 13 Ethiopian Standards based on Euro Norms Design of Steel Structures - Part 1-1: General Rules and Rules for Buildings ES EN 1993 - 1 - 1 : 2015 Steel Structures ES EN - 3 Page 43 of 135

  44. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements Ethiopian Standards based on Euro Norms Design of Steel Structures - Part 1-3: General Rules - Supplementary Rules for Cold-Formed Members and Sheeting Ethiopian Standards based on Euro Norms Design of Composite Steel and Concrete Structures - Part 1-1: General Rules and Rules for Buildings Ethiopian Standards based on Euro Norms Design of Timber Structures - Part 1-1: General - Structural Fire Design Ethiopian Standards based on Euro Norms Design of Timber Structures - Part 1-2: General - Structural Fire Design Ethiopian Standards based on Euro Norms Design of Masonry Structures - Part 1-1: Common Rules for Reinforced and Unreinforced Masonry Structures Ethiopian Standards based on Euro Norms Design of Masonry Structures - Part 1-2: General Rules - Structural Fire Design Ethiopian Standards based on Euro Norms Geotechnical Design - Part 1 : General Rules Ethiopian Standards based on Euro Norms Geotechnical Design - Part 2 : Ground Investigation and Testing Ethiopian Standards Design of Structures for Earthquake Resistance - Part 1 : General Rules - Seismic Actions and Rules for Buildings Ethiopian Standards Plumbing Services of Buildings Ethiopian Standards Electrical Installation of Buildings Ethiopian Standards Mechanical Ventilation and Air Conditioning in Buildings Ethiopian Standards Building Spatial Design Ethiopian Standards Fire Precautions During Building Construction Design, Works and Use Ethiopian Standards Occupational Health and Safety ES EN 1993 - 1 - 3 : 2015 14 ES EN - 3 Composite Steel and Concrete Structures ES EN 1994 - 1 - 1 : 2015 15 ES EN - 4 ES EN 1995 - 1 - 1 : 2015 16 ES EN - 5 Timber Structures ES EN 1995 - 1 - 2 : 2015 17 ES EN - 5 ES EN 1996-1-1 : 2015 18 ES EN - 6 Masonry Structures ES EN 1996-1-2 : 2015 19 ES EN - 6 Geotechnical ES EN 1997-1 : 2015 20 ES EN - 7 ES EN 1997-2 : 2015 21 ES EN - 7 Earthquake Resistance ES EN 1998- 1:2015 22 ES EN - 8 23 Plumbing ES 3960 ES 3960:2015 24 Electrical ES 3961 ES 3961:2015 HVAC 25 ES 3962 ES 3962:2015 26 Spatial Design ES 3963 ES 3963:2015 Fire 27 ES 3964 ES 3964:2015 28 HS ES 3965 ES 3965:2015 Page 44 of 135

  45. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements If a specific standard, specifications or Reference documents are not listed herein, the Contractor shall identify and submit to the Employer/ the Engineer an equivalent standard or specification for approval. The contractor must meet the minimum standards & criteria. Minimum design standards of criteria can only be utilized upon approval of the Employer/ the Engineer. The Contractor shall include standards they propose for use which will be subject to approval by Employer/ the Engineer. Where the aforesaid codes, standards and specifications are silent on any aspect, the following standards in the order of preference shall be adopted, unless otherwise directed by the Employer / the Engineer. (a)Other American, European, German and British Standards for Waste Water Treatment Plant Equipment’s whenever is appropriate; (b)American Society of Testing Materials (ASTM). (c)Any other standard proposed by the Contractor and approved by the Employer / the Engineer. However, the DB contractor shall advise the Employer and the Engineer in writing of all Standards, Specifications, codes and recommended practices that he intends adopting a particular code or regulation for the written approval of the Employer/ the Engineer. As a general reference, the information shown below is provided to the Bidder. The Employer provides this information to the best of his knowledge, but does not guarantee its correctness, and the Contractor may not make any claim based on potential errors or omissions in the information provided. The following shall apply with regard to the background information: 1.3.REFERENCE INFORMATION a)NO LIABILITY: Except as expressly provided for in the Project Agreement, the Employer shall not be liable to the Contractor, and Contractor shall not seek to recover from the Employer for damages, losses, costs, liabilities or expenses which may arise from the adoption, use or Page 45 of 135

  46. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements application of background information, including but not limited to drawings, reports (including environmental, archaeological, geotechnical, or highways reports or assessments), studies, data, documents, or other information given or made available to the Contractor by the Employer. b)NO WARRANTY: Except as expressly provided for in the Project Agreement, the Employer does not give any warranty in respect of any background information, and the Employer shall not be liable to Contractor for a failure to (i) disclose any information, documents or data to Contractor, (ii) review or update the background information, and (iii) inform Contractor of any inaccuracy, error, omission defect or inadequacy related thereto. C) NO CLAIMS: The Contractor shall not make any claim in damages, for extensions of time, or for additional payments under the Project Agreement against the Employer on the grounds (i)of any misunderstanding or misapprehension in respect of the background information (ii)that the background information was incorrect or insufficient. Page 46 of 135

  47. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements 2.PLANT REQUIREMENTS 2.1.GENERAL Consideration of Regulations is mandatory and the DB Contractor is fully responsible to stick to the regulation. The DB Contractor is expected to Design and Build an environmental friendly Wastewater Treatment Plant and sewer line that serves the wastewater treatment and disposal considering that the plant does not cause any potential hazard to the public health, safety, and welfare; does not contaminate any drinking water or potential drinking water supply, or the waters of ponds, lakes, streams …etc, and; does not cause nuisances such as odor, noise, unsightly appearance or other such forms of public impact. The wastewater treatment plant site area is shown on the layout drawing and all the treatment units and internal facilities shall be constructed with in this proposed area limits as per the approved final design by the Engineer. The DB Contractors shall as a minimum consider the below listed considerations for the design and build of the WWTP. •Special considerations with respect to ease of construction and facilities planning and organization; •Considerations of accessibility for day to day operation and maintenance including vehicular access for operation and maintenance to the plant sites which demand vehicle access as per the approval of the Engineer; •The DB Contractor is expected to visit the site and incorporate in the scope of the project work all associated civil and site works including access roads, crossing structures, internal road to each unit, retaining structures, flood protection, landscaping, Compound Lighting, Storm water drainage and water supply system; •Reflect the prevailing 21st century contemporary architectural designs to the Treatment Plant additional facilities; •Respect shall be paid to its surrounding context; •Sensitivity with respect to quality, durability and aesthetics; •Consideration to the ascertainment of usage efficiency, maintenance ease and durability/sustainability, as well as lifecycle cost shall be planned. While introducing Page 47 of 135

  48. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements advanced devices and systems that are energy efficient, resource and environmental friendly, ensure it is adaptable to future changes and are easy to renew or upgrade; •Consideration of both the lighting and other modern facility so as to reduce the inconvenience in use of the plant, to the maximum extent possible; •Consideration of advanced technology and Material that is able to reduce the surrounding noise pollution, technology that provides for a comfortable working and user environment, and other advanced options can be proposed by the contractor and will be considered; •An electronic security system with a complete control room shall be introduced throughout the plant infrastructure including its vicinity; •Main entrance areas should provide a light, attractive and welcoming approach to the plant using high quality materials with hardwearing low maintenance floors (hard, easily cleaned, vandal resistant finishes with an attractive ambience) and attractive & durable wall finishes, ceilings including entrance areas shall be the best quality feature types with effect lighting incorporated as an integral part of the design; •Landscape features including specific hardscape materials, vegetation and compound lighting fixture shall be incorporated; •Building faced and mass visibility of the buildings shall be experienced with a well- designed and articulated use of lighting technology; •Electrical, Plumbing, Wastewater and HVAC utility areas shall be sufficient in scale to enable easy and safe access to equipment for inspection and maintenance and to facilitate the removal/replacement of components, lockable access and restricted to authorized persons only, IT and server rooms must be lockable, provide emergency lighting, and ventilated to provide a safe working environment; •Adequate waste disposal facilities and suited to the purpose and size of the development should be provided, the location should be in a lockable area resistant to vermin attack and should contain a separate space for the storage of recyclable materials, care shall be given to the location and design of waste disposal facilities for any solid waste; Page 48 of 135

  49. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements •A fully furnished operators, administration, control rooms sufficient enough to perform the plant operation and maintenance; fully furnished two residential units 2 Bed Room (each unit shall have a minimum area of 100 m2 with living & dining, kitchen, store, two bed rooms, common toilet facilities) for the plant operators. •Minimum office and residential units clear internal rooms, Lobbies, Corridors etc. height (floor finish – ceiling) shall not be less than 3.5 m unless HVAC system is provided where the height can be reduced to 3.0 m. The DB Contractor shall consider the minimum clear height available in his Structural, Mechanical, Electrical and other special system designs depth and crossings, so as to attain the clear room height not less than 3.5m. •The WWTP process mechanical components include the equipment required for treating the liquid treatment process, using a three stages conventional activated sludge with biological nutrient removal technology (CAS-A20 with a pre-anoxic tank) and solid streams treatment process using aerobic stabilisation with mechanical dewatering. •A sewer pipe route to convey the sewage from the waste water lift pumping station and other sources to the treatment plant as proposed on the layout and as approved by the Engineer. •The DB contractor is expected to make a site visit, check the topography of the site, review and confirm the proposed layout, and design the plant based on the national and international standards and codes to meet the project intended purpose as per the design parameters and technical specifications provided in the employer’s requirement. The proposed location of the waste water pumping station is indicated on the layout, but the DB Contractor can survey, design and propose an acceptable location depending on the final output of the design. Furthermore, the location of the final manhole of sewage at the plant inlet, the invert level and the top level is also shown on the layout. •The DB Contractor shall prepare a detail engineering design of the plant as per the design parameters and technical specifications provided in this employer requirement, Page 49 of 135

  50. JINKA UNIVERSITY DESIGN, BUILD AND OPERATE WASTEWATER TREATMENT PLANT PROJECT Section V: Employer’s Requirements supply and install materials well-known having an energy efficient brand with the highest quality standard of the latest technology possible to operate in automatic mode, which is appropriate to the conditions for use, and also provide with additional essential equipment for O&M which can serve for five years after commissioning. •The Contractor shall on completion of works supply the Employer with a complete set of Manuals, Operation and Maintenance Documents, “As Built Drawings”, and other necessary documents both in soft and hard copies. 2.2.WW TREATMENT PLANT FACILITIES The WWTP chosen by the Employer is for the liquid treatment process, a three stages activated sludge technology with biological nutrient removal, and for the solid stream treatment process, aerobic stabilisation with mechanical dewatering, aiming to treat the wastewater as per the Employer’s requirement (to be operated by the Employer’s staff after 24 months of operation, maintenance and on job training by the DB contractor) and to: •discharge treated effluent for disposal to the nearby lowest natural drainage (assuring that the treated effluent quality meets the criteria, and suitable and safe for reuse and disposal), •provide solid stream treatment to dispose bio-solids safely for end-use for fertiliser in agriculture, land fill or other eco-friendly options, •have two parallel process trains flow in the design, so that one train can be taken off line for maintenance without disrupting the treatment process. The DB Contractor shall design and submit to the Engineer for approval detail engineering design as per the national and international standards including layout, process mechanical, civil, structural, building mechanical, electrical, instrumentation and controls to make the project feasible and attainable. The plant has to be designed and the treated water shall be sampled and studied from laboratory considering the quality of water to be disposed to the nearby lowest natural drainage or going to be reused by locals, animals, and fauna growth. The Contractor shall Page 50 of 135

More Related