20150806 TP Kitchen&Laundry Vol1

7/24/2019 20150806 TP Kitchen&Laundry Vol1

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PACKAGE 8

Five Hospitality Buildings, Ball-room, Marina & Landscape Works

TENDER DOCUMENT

VOLUME (I)

Instruction to Tenderers Scope of Work

JEWEL OF THE CREEK (JOC) PROJECT On Plot No. 129 – 104, Port Saeed, Dubai, U.A.E.



, , ,

PACKAGE 8 – Five Hospitality Buildings, Ball-room,

Marina & Landscape Works

VOLUME I

Instruction to Tenderers, Scope of Works,Contract Conditions & Appendices

TABLE OF CONTENTS

Section Description of Item Page Nos.

1 Instruction to Tenderers 1 - 17

2 Scope of Contract Works & Basis of LS Price 1 - 6

3 Form of Tender & Appendix 1 - 5

4 Form of Agreement 1 - 2

5 General Conditions of Contract Part (I) 1

6 Particular Conditions of Contract Part (II) 1 - 28

7 Schedule of Engineer’s Rates (Overtime & Additional Works) 1 - 2

8 List of Tender Drawings

APPENDICES

Appendix (A) : Specimen Form of Tender Bond

Appendix (B): Specimen Form of Performance Security



SECTION 1

INSTRUCTIONS TO TENDERERS

JEWEL OF THE CREEK (JOC) PROJECT

Tender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works _______________________________________________________________________________________

The Project “Jewel of the Creek” is located at plot 129-104 Port Saeed in Dubai UAE The site is



The Project Jewel of the Creek is located at plot 129 104, Port Saeed in Dubai, UAE. The site is bounded by Al Maktoum Bridge, Baniyas Road, the Floating Bridge and Dubai Creek where a

coffer dam has been constructed.

This tender package is for works related to construction above ground slab, civil, architectural,

interior décor, FFE, MEP, testing and commissioning of five hospitality buildings, ball room,marina and landscape works including partial fit out and MEP works to four basements.

The above description is not to be considered as the full extent of the scope of works, the tendereris to refer also to Volume I-Section 2-Scope of Works as issued with tender documents.

The following instructions should be carefully noted by intending tenderers as failure to comply

with them may lead to invalidation of the tender. Furthermore it is to be noted that theseInstructions to Tenderers will form part of the Contract Documents and will have a priority underSub-Clause 5.2 of the Conditions of Contract pertaining to the project.

1. DEFINITIONS

1.1 In the Tender Documents and any addenda thereto issued in accordance with Article 4

below,

words and expressions shall have the same meanings as are respectively assigned tothem in the Conditions of Contract.

1.2 “Employer” : means Dubai International Real Estate P.O. Box: 29000 Dubai, United Arab

Emirates, Tel.: 04-3492222, Fax: 04 - 3448000.

1.3 “Engineer” : means – Kling Consult and Kieferle & Partners, P.O. Box: 114627, Dubai,United Arab Emirates, Tel.: 04-3828500, Fax: 04- 3828501.

1.4 “Tenderer”: means each party to which an Invitation to Tender is issued and TenderDocuments collected for the purpose of submitting a Tender regardless of whether or not

such Tenderer completes and submits a Tender. Reference made as Tenderer, Contractorwithin the documents shall be construed as the tenderer bidding for the proposed contractworks and the successful Tenderer (Contractor) after award is obliged to abide with thetendering and contract conditions, tender documents etc.

1.5 “Invitation to Tender”: means the letter described as such from the Engineer to theTenderer inviting it to submit a Tender.

1.6 “Tender”: means the Tenderer‟s priced of fer to the Employer for the carrying out andcompletion of the Works, maintenance and remedying of defects therein in accordancewith the provisions of the Contract and as per Tender documents including



1.11 “Tender Period”: means the period as stated in the Invitation to Tender formally confirmed



1.11 Tender Period : means the period as stated in the Invitation to Tender formally confirmed by the Engineer to the tenderers.

1.12 The headings used in these Instructions to Tenderers shall not be deemed to be a parthereof or be taken into consideration in the interpretation or construction hereof.

1.13 All dates and periods of time referred to in the Tender Documents, in any addendumthereto issued in accordance with Article 4 below and in the documents referred to inArticle 17 below shall be ascertained in accordance with the Gregorian calendar.

2. GENERAL

One set of the following tender documents are issued for tendering;

Volume I : Tendering and Contract Conditions.

Volume IIA : Architectural/Structural/Civil Specifications.Volume IIB : MEP Specifications.

Volume III : Bills of Quantities (includes also Preambles, Day works schedule).Volume IV : Drawings.

3. NOTIFICATION OF INTENT TO TENDER

3.1 Invitation to Tenderers includes an “Expression of Interest” that should be signed andreturned to the Engineer.

The Tenderer must submit the Name, Designation, Telephone and Facsimile Number of the person responsible for preparation of the Tender offer. This shall be the Tenderer's single point of contact throughout the Tendering process.

4. ADDENDA TO TENDER DOCUMENTS

The Engineer and /or Employer may, at any time or times not being less than three (3) days prior to the latest time stated in the letter of issue of tender documents for the delivery ofTenders, issue and despatch to all Tenderers an addendum containing a variation, addition,deletion, clarification and/or rectification to, from or of any of the Tender Documents or ofany earlier addendum issued under this Article 4. Any such addendum shall form part ofthe Tender and shall be valid and binding on all Tenderers Each Tenderer must



5. VISITING SITE AND EXAMINING DOCUMENTS



The Tenderer shall, upon prior arrangements with the Engineer, visit the site and he shall be responsible for obtaining all information which may be necessary for the purpose ofmaking a Tender and entering into a contract. He shall carefully examine the tender

documents and satisfy himself as to risks, obligations and responsibilities to be undertakenin the Contract.

Any data, if provided, is given without any guarantee that the conditions as shown are trulyrepresentative of the entire site and shall not absolve the Tenderer from responsibility for

making his own interpretation and judging the completeness of the information given.

The attention of the Tenderer is specifically drawn to the Conditions of Contract - Part II -Conditions of Particular Application, which make the 'Effective Contract Price' as a lumpsum and not subject to re-measurement.

Tenderer is responsible for ensuring all pages, as numbered & enumerated, are complete in

possession at the time of tendering. Any missing pages from any of the Tender Documentsmust be notified immediately to the Engineer.

Notwithstanding any information which may be contained in the Tender Documents, priorto submitting Tenders, the Tenderers shall make independent inquiries as to the work

forming the subject of the Project as well as the prevailing local conditions and mustgenerally obtain their own information on nature of existing site conditions, existing site

services, buildings and on all matters that may, in any way, affect the scope of work, prices, risks or obligations of the Tenderer, should the Contract be awarded to him. TheTenderer shall consider all such matters and possible contingencies affecting the entire

scope of work.In addition to the examination of the Tender Documents, the Tenderers shall make whateverarrangements are necessary for them to become fully informed regarding all existing andexpected conditions, the means of access to the site and the accommodation he may requireand matters which might, in any way, affect the cost of execution of the Works.

Any failure to fully investigate the Site and / or the foregoing instructions shall not relievethe Tenderers from responsibility for estimating properly any difficulties or procuring thesuccessful execution of the Works. Statement and Attestation of Site Visit should be dulySigned and Stamped by the Tenderer as per attached specimen of “Appendix D”.

6. INDEMNITY TO EMPLOYER



7. TENDER DOCUMENTS INTERPRETATION



7.1 Drawings, specifications, bills of quantities and all other contract documents arecomplementary and if any item is included in any of them it shall be deemed included inall.

7.2 The Tenderer should study and examine all the tender documents and raise all differencesand discrepancies among them prior to submitting his Tender to the Engineer for hisclarification and decision which shall be final. No claim or variation whatsoever shall beentertained in the future on account of failure to do so.

7.3 The Tenderer may request, in writing, either via letter or facsimile, clarification orinterpretation from the Engineer in respect of any aspect of the Tender Documents. Anyrequest for clarification or interpretation should be received by the Engineer as soon as is practically possible following collection of the Tender Documents and in any event no laterthan seven (7) working days prior to the date advised for return of Tenders.

7.4 Response by the Engineer shall be made similarly, in writing, either via letter or facsimile,titled „Tender Circular‟ and shall be addressed to all Tenderers.

7.5 Where such clarification or interpretation requires a change to be made to the text, contentor otherwise of the Tender Documents, the Engineer will prepare and issue a „Tender

Addendum‟ to the Tender Documents and shall forward such to all Tenderers forincorporation. All Tender Addendum(s) should be endorsed by the Tenderer and shall be

incorporated as an integral part of the formal Contract Agreement.

7.6 Any verbal clarification or interpretation of the Tender Documents will not bind the

Employer or the Engineer.

8. BILL OF QUANTITIES, ADDITIONAL ITEMS.

The quantities of the works to be carried out under this Contract are given in the TenderDocuments (Volume III – Bill of Quantities) and shall not be subject to re-measurement butthe Tenderers will be deemed to have checked and satisfied themselves as to their accuracyand completeness. In case of discrepancies in quantities, Tenderers shall include thedifference in the appropriate “Bill No. 11 - Adjustment Schedule” sections of the Bills ofQuantities.

However, the Tenderers to note that there exist in the Tender‟s Bill of Quan tities certainitems whereas it‟s quantities are described as “Provisional Quantities” these items only



In the event that the Tenderer shall consider that any item included in obligation and Scope



of Works but found missing in the Bill of Quantities, then such missing item shall be addedat the end of each section/bill in the Bill of Quantities.

On no account shall the Tenderers make alterations or omissions to the quantities,

alteration to description given in the Bill of Quantities and any tender containing suchalteration or omission will not be entertained and the tender bid may be disqualified.Any error in description or in quantity or in omission of items from the Bills of Quantitiesshall not vitiate this contract nor release the successful Tenderer from the execution of thewhole or any part of the works comprised therein according to the drawings and

specifications or from any of his obligations or liabilities under the Contract.

9. PRICING

All items in the Bill of Quantities of tender documents are to be priced in accordance with pricing preambles provided along with Bill of Quantities and extended in indelible blue

ink. Any alteration in the rates or amounts only, must be initialled by the person signingthe Tender.

The rates and prices set down by the Tenderer against the items in the Tender Bill ofQuantities are to be for the full inclusive value of the finished work as envisaged in the

documents and shall include for profit and all obligations and liabilities of every kindarising under the Contract.

Each item in the Tender Bill of Quantities is to be priced. If any items are left unpriced inthe Bill of Quantities it shall be deemed that the cost of the work described thereunder is

allowed elsewhere within the Bill

of Quantities.

The Tenderer must complete all Daywork and Schedules provided in respective sections ofthe Bill of Quantities and shall submit them together with his Tender. Non-compliancewith this provision may result in rejection of the Tender submission.

Any Bill of Quantities generated by the Tenderer will not be accepted for tender bidsubmission and will be considered as null and void.

Electronic copy of the Bill of Quantities will not be issued for the purposes of the Tender.

To assist in the examination, evaluation and comparisons of the Tenders, the Employer orthe Engineer may ask tenderers individually for clarifications of their Tenders withoutlimitations including breakdowns of units rates or prices and the tenderers will be obliged



10. FIXED PRICE & RATES



The Tenderer should note that no adjustment to the Contract Price and rates shall be madein respect of rise or fall in the costs of labour, materials or any other matters affecting thecost of the execution of the Works.

The Employer has the right for adjustments for additions or omissions to the works. Thetenderer to price taking into due consideration for all fluctuations affecting the cost ofexecution of the works which may occur during the contract duration plus the DefectsLiability Period as stated in the Appendix to Tender.

11. QUALIFICATION AND ALTERNATIVE TENDER

The Tender must be submitted solely on the basis of the tender documents and shall be freeof any qualifications.

Should the Tenderer wish to propose an alternative offer this must be submitted separately in the manner stated in Article 18 and 20 of these Instructions to Tenderers and be endorsed

"Alternative No. 1” etc.

The Employer shall be free to accept whichever Tender he may choose.

The Tenderer shall give full details of such alternative offer together with the effect, if any,

on the original Tender Sum.

12. EXPENSES OF TENDER

The Employer will not be responsible for nor pay any expense which may be incurred byany Tenderer in the preparation and submission of his Tender.

13. DOCUMENTS CONFIDENTIAL

All documents issued and information given to the Tenderer shall be treated as confidentialand in the event of a Tender not being submitted, or not being accepted, all the documentsshall be immediately returned to the Engineer.

All documents, models and/or other data or information submitted by the tenderer shall be property of the Employer without any restriction on use.



16. CONFORMITY AND DEPARTURES



A Tenderer must, so far as is reasonably practicable, conform with all the requirements ofthe General provisions section, the Drawings, the Specification and the terms, conditionsand provisions of the other Tender Documents. Any Tender which does not so conform

may not be considered a valid Tender and be rejected accordingly.

17. TENDER DOCUMENT TO BE SUBMITTED

The Tenderer shall submit Three (03) sets of his tender offer i.e. one (01) “Original”

complete set of tender documents with company seal and two (02) copies of his„Commercial proposal only‟ (i.e. Offer letter, Volume I & Volume III Bill of Quantities)and which shall be clearly marked “COPY”. Also the copy of each Addenda, Circulars tothe Tender Documents issued in accordance with Article 4 if any, which shall be endorsed by the Tenderer and a copy of the Tenderer's UAE Chamber of Commerce and IndustryCertificate and Department of Economic Development Trade License shall be included in

the submission.In the event of any discrepancy, the information entered in the “Original” submission shall

take precedence.

The Tenderer shall complete the whole of the Tender Documentation and shall sign and

date the documents in the spaces provided.

The Tender and Appendix to Tender are to be completed in English.

Every page shall be stamped with the company seal.

The following documents must be signed by the principal of the firm or by a person properly authorized for the purpose:

i.) The Form of Tender and the Appendix to Tender.ii.) Statement & Attestation of Site Visit.

iii.) Grand Summary page of the Bill of Quantities.iv.) First page of all volumes.v.) The tender submittal covering letter.

In addition to the documents issued to the Tenderer for the purpose of submitting a Tender,

the following documents to be submitted with the tender:

(a) The Form of Tender duly completed, signed and witnessed, including the insertion in



(b) A signature authority in the form of a certified Board Resolution of the Tenderer or asealed Power of Attorney granted by the Tenderer in each case authorizing the person(s)



sealed Power of Attorney granted by the Tenderer, in each case authorizing the person(s)who signed the Form of Tender and accompanying documents so to do.

(c) The Bills of Quantities, duly priced and completed in indelible blue ink , signed on the

final „Summary‟ page by the person(s) who signed the Form of Tender and every pageshall be stamped with the company seal.

(d) Every page of each of the following Tender Documents shall be stamped with the companyseal:

(i)

These Instructions to Tenderers.

(ii) The Conditions of Contract.

(ii) The General Scope of Works.

(iii) The Drawings.

(iv)

The Specifications.

(v) Addenda, Circulars to the Tender Documents issued in accordance with Article 4

above.

(e) Tender Bond requirements as stated in Article 19 below;

(f) The following additional documentation in each case signed on the first page by the

person(s) who signed the Form of Tender and stamped with the company seal on eachsubsequent page. Such first page shall in each case be headed “[Jewel of the CreekComplex on Plot No. 129-104, At Port Saaed, Dubai For M/s Dubai International RealEstate]" followed there under by the name of the applicable schedule referred to in bracketsat the end of each of the following articles. In the case of drawings each such drawing shall be stamped with the company seal in the bottom right hand corner.

(i) The Tenderer's preliminary programme on a weekly time scale for the carrying outof the Works which shall comprise a fully detailed bar chart programme showingseparately for each Section of the Works the order of work, the key activities andinteraction and the periods for carrying out the various parts of the work within theTime for Completion. Key dates shall be clearly identified on the said programmewhich shall cover both off-Site and on-Site activities. (Schedule A1: PreliminaryProgramme)



(vii) Detailed method statement demonstrating the Tenderer's proposed method ofcarrying out the Works This shall include details of the proposed temporary works



carrying out the Works. This shall include details of the proposed temporary workssuch as Site offices, utilities, workshops and storage areas (together with a preliminary Site layout plan showing such temporary works) and details ofTenderer‟s equipment to be used. It shall also include a manning schedule and

details of proposed working hours (Schedule A6: Method Statement).

viii) List of any proposed Sub-contractors (including suppliers) strictly from thespecified companies together with the corresponding elements of the Works to becarried out by such Sub-contractors. Sub-contractors shall be subject to the prior

written approval of the Employer and the Engineer. (Schedule A7: Proposed Sub-

contractors).

(ix) A Health and Safety Policy Statement in relation to the carrying out of the Works(Schedule A8: Health and Safety).

(x) The Tenderer‟s Dubai Municipality Trade Licence (Schedule A9: Trade Licence) .

(xi) A Statement & Attestation of Site Visit Form duly completed, dated and signed by

the person(s) who signed the Form of Tender (Schedule A10: Statement &Attestation of Site Visit, as per attached specimen of “Appendix D”).

(xii) If applicable, the Schedule of Departures and accompanying statements. (ScheduleA11: Schedule of Departures).

(xiii) Long Lead Items – The tender to provide detailed list of all major long lead itemsthat he feels will impact the programme critical path. The long lead items should

be reflected in the construction program.

(xiv) The tenderers is to attach hereto copies of ISO certificate (such as 9001:2000,14001:2004 or 18001:1999) that he may have achieved.

(xv) Joint Venture agreement (if any).

(xvi) „Certificate of compliance‟ for Tender being in line with the Tender documents.

In addition to the documents issued to the Tenderer for the purpose of submitting a Tender,the following documents may be requested by the Employer, and if so requested, shall be provided by the Tenderer after submission of the Tender:

Misc. Other Submittal, viz.



18. TENDER BOND



The Tenderer shall submit with his Tender an Original Tender Bond in the form of anunconditional bank guarantee from a first class leading UAE Bank. The bank and the termsof the guarantee shall be subject to the approval of the Employer. The amount of the bond

shall be AED 50 million (Fifty Million), as surety against the withdrawal of the Tender before the expiry of the period of validity of Tenders or otherwise failing to comply withthe terms of the Tender. A specimen form of Tender Bond is attached to this document as“Appendix A”.

All costs of obtaining and keeping in force the Tender Bond shall be borne and paid by the

Tenderer. The Tender Bond shall not to be endorsed with signature and stamp of thetenderer.

The Tender Bond shall be valid for ninety (90) days from the date by which Tenders shallhave been delivered (as stated in Article 19 below) or from any extended date as percirculars, addendum and/or to extent the validity of the tender bond if the successful

tenderer fails to provide the Performance Security Bond as stated in Article 31 belowwhichever is latest date.

Tender bond submitted to the Employer in respect of another tender package (for sametitled project) is not acceptable as the Tender Bond is in respect of this Tender. A

declaration to this effect, signed by the Tenderer and the surety shall be submitted with theTender Bond.

Tenders submitted without the Tender Bond will be rejected.

The Tender Bond will be confiscated and the monies forfeited if the tenderer do not abide by this tender and contract conditions or in the event of the occurrences of any of suchdefaults indicated hereunder;

i.) If the Tenderer withdraws its Tender before the expiration of the validity of theTender Bond.

ii.) If the Tenderer (during post tender clarifications) without Employers approval, haswithdrawn his offer, after the latest time specified for its submission and is beforethe expiry of its period of validity of the tender bond.

iii.) If the Tenderer (during post tender clarifications) has refused to accept thecorrection of errors in his offer in accordance with the „Instructions to Tenderers‟

and tender documents.



19. DELIVERY OF TENDER



The Tender shall be submitted in plain envelopes or packages with all joints properlysealed with red sealing wax, without the identity of the Tenderer and shall be addressed to:

M/s Kling Consult – Branch office Dubai – Code Tower – 14th

Floor – Al Barsha 1-

P.O.Box: 114627 – Dubai – U.A.E. Tel.: 04 - 3828500 ; Fax.: 04 – 3828501.

The envelopes or packages shall also be endorsed as follows:Tender for: -

PACKAGE 8

“Five Hospitality Buildings, Ball-room, Marina & Landscape Works”.

Jewel of the Creek Complex on Plot No. 129-104, At Port Saaed, Dubai For M/s

Dubai International Real Estate.

The Tender shall be delivered not later than the date stated in the invitation letter or the

extended date notified thereafter, at the office.

The drawings shall also be delivered during the last day for submitting Tenders.

20. CORRECTION OF ERRORS

The Rates and Prices contained in the Tender Documents will be examined prior to theawarding of the contract in order to ascertain that the items are extended correctly at therates quoted. Generally, should any error be found, the rate will remain unaltered and theextended amount will be corrected, unless there is an obvious typographical error in such

case the more realistic figure shall be inserted. The total amount of the Tender shall beamended accordingly. Any or all corrections necessary may be made without reference tothe Tenderer and the revised tender price shall be determined which shall be used for the purpose of comparison with other tenderers.

Should the Employer or the Engineer fail to discover any arithmetic error during thechecking of the tender and is subsequently discovered during the contract duration, theEmployer/Engineer shall be entitled to make the necessary corrections and adjust the

Contract Sum accordingly.

21. ACCEPTANCE OR REJECTION OF TENDERS

21 1 The Employer shall not be bound to accept the lowest or any Tender it may receive and



21.5 Unless and until the said Form of Agreement is so executed and delivered, the Form ofTender and the accompanying documents referred to in Articles 17 (b), (c), (d) and, if



p y g ( ) ( ) ( )applicable, (e) & (f) above and (if and to the extent applicable) in Article 11 above togetherwith the Employer‟s written notice of acceptance thereof shall constitute a binding contract between the Employer and the Tenderer valid from the date of the Employers written Letter

of Acceptance.

21.6 Within reasonable time after the issuance of “Letter of Acceptance” and submission ofPerformance Bond by the successful Tenderer, the Engineer may give notice to all otherTenderers who submitted complying Tenders.

21.7 The Employer may at any time give notice to any Tenderer that the Tender submitted by itwill not be accepted.

21.8 The Employer shall not be responsible for, or be liable to pay or reimburse any Tendererfor, any Costs incurred by any Tenderer in connection with the evaluation of the TenderDocuments, the preparation or delivery of its Tender or any subsequent attendance at pre-

award meetings.

22. RETURN OF TENDER BOND

The tender bond will be returned to the successful Tenderer, upon submission ofPerformance Security Bond in accordance with the Contract Conditions and the

Employer‟s approval.

With the sole discretion of the Employer, the Tender Bonds of the unsuccessful Tenderers

shall be returned in its original form to them within (14) days after the receipt ofPerformance Security from successful Tenderer/Contractor or within (14) days from theexpiry date of such Tender Bonds, provided that the Tender Bond has not been confiscateddue to a default by the Tenderer as detailed in Article 18 above.

23. ADDRESS OF THE TENDERER

The Tenderer shall state in his Tender the address in Dubai to which all correspondenceconcerning his Tender shall be addressed.

24. NO ALTERATION TO BE MADE TO DOCUMENTS

Unless otherwise noted within the tender documents no variation addition omission



The term Supervising Officer's Representative, where it is used, shall be regarded assynonymous with the Engineer's Representative referred to in Clause 1.1(a)(v) of the



Conditions of Contract

26. CONDITIONS OF CONTRACT

The General Conditions of Contract shall be the „Conditions of Contract for Works ofBuilding and Civil Engineering Construction (fourth edition 1987-reprinted 1988, 1992with further amendments)‟ as published by FIDIC and as amended in Part II – Conditions

of Particular Application issued as part of the Tender Documents. The said conditions shall

not be subject to exceptions, alterations or revisions.

27. DETAILS OF OTHER CONTRACTS AT THE SITE

The following works have been completed at site under different package awards:1. Enabling works (coffer dam, diaphragm wall, excavation and

dewatering).

2.

Piling works.3. Four basements (reinforced concrete works up to and including the

ground floor slab embedded underground drainage in the rafts and limitedMEP 1st Fix).

The Tenderer is to allow access as required for the above package Contractors should the

same become necessary.

The Tenderer at the time of Tender submission must ascertain the extent of his liabilitiesfor the above works to avoid any conflict in the construction and completion of Package 8.

The Employer may at his discretion award separate contracts for the Superstructure ofother buildings on the development currently not defined within Package 8.

28. PERFORMANCE SECURITY

Upon the acceptance of a Tender by the Employer, the successful Tenderer shall be obligedto enter into a formal contract with the Employer, as per the Form of Agreement containedin the tender documents. Within twenty eight (28) days from receiving the Letter ofAcceptance the successful Tenderer has to submit a Performance Security in the form of aBank Guarantee from a first class leading UAE bank equivalent to 10% of the Contract‟s



29. CONTRACT INSURANCES

h d i ifi d h h i b id d b h f l



The Tenderer is notified that the contract insurances, to be provided by the successfulTenderer under the provisions of the Conditions of Contract shall be from a first classInternational Insurance Company or a leading U.A.E. Insurance Company with its

headquarters in Dubai or Abu Dhabi.

The insurance company and the insurance policies shall be subject to the approval of theEngineer and/or Employer.

The insurance cover that is to be provided by the successful Tenderer in accordance with

Conditions of Contract should include for the works completed at site under package 7 (4 basements), the Employers and Engineers existing offices and contents, the Sub-Contractors and nominated Sub-Contractors and liabilities.

Within 14 (Fourteen) days of issuance of the Letter of Acceptance to the successfulTenderer, the successful Tenderer shall submit to the Employer and the Engineer a copy of

each of the insurance policies required by the Conditions of Contract. Such policies shallcomply in all respects with the provision of the relevant Conditions of Contract.

The Tenderer is notified that the contract insurances, to be provided by the successfulTenderer under the provisions of the Conditions of Contract shall its specimen be arranged

with one or more of the UAE's national insurance companies.

Tenderers may be requested during the Tender evaluation period to furnish details of eachof the insurance policies which they would provide in the event of being awarded theContract. Such details would include but may not be limited to:

(a) Name and address of insurer, details of standard or special insurance policy coverage,exclusions, excesses and dispute resolution.

(b) Copies of similar policies issued by the insurer may be requested.

30. PAYMENT APPLICATION

Payment Application shall be as per Clause 60 (Certificates and Payment) of theConditions of Contract.

31. TENDER VALIDITY



32.2 The fixed Lump Sum Price shall not be amended, except by authorized variations issued inwriting and evaluated by the Engineer subject to the Employer ‟s written approval or bydj t t t P i i l S dj t t t P i C t (P C ) t d/



adjustments to Provisional Sums, adjustments to Prime Cost (P.C.) rates and/or re-

measurement of quantities indicated as being „Provisional‟ all as defined in the Conditionsof Contract. Any such variations, adjustments or re-measurement shall be measured and

valued strictly in accordance with the Conditions of Contract.

32.3 The descriptions contained in the Bills of Quantities for all items are not necessarilycomplete, as they are indicative and provided for information only. The Tenderers are tosatisfy themselves with respect to the quantities, items and scope of work involved with the

Tender. The Tenderers are referred to the Conditions of Contract and other Documents,

Specifications and Drawings as well as relevant Standards and Codes of Practice for furtherinformation, as no claim or variation will be considered on account of failure to do so.

32.4 The Tenderer is cautioned to familiarize himself with the full content of other ContractDocuments including the instructions to Tenderers, Form of Tender, General Conditions,Particular Conditions, Tender Drawings & Specifications or any other information that can

be reasonably inferred from any of them & all obligations contained in the documents shall be included in the item rates & lump sum contract price. Any item or items of work not

specifically shown on the drawings or referred to in the specifications but which would benecessary for the proper construction of the works in accordance with the best practice isimplied and must be included for in the Tender sum.

32.5 The lump sum amount entered by the tenderers in the General Summary of the Bills of

Quantities and the Form of Tender shall constitute the entire claim for compensation for thework under this contract in accordance with conditions of contract.

33. SUFFICIENCY OF TENDER

The Tenderer shall be deemed to have satisfied himself as to the correctness andsufficiency of the tender and of the rates and prices stated in the bill of quantities, all ofwhich shall, except insofar as it is otherwise provided in the contract, cover all hisobligations under the contract (including those in respect of the supply of goods, materials, plant or services or of contingencies for which there is a provisional sum) and all mattersand things necessary for the proper execution and completion of the works and the

remedying of any defects therein.

34. SITE FACILITIES TO NOMINATED SUB-CONTRACTORS



35. TENDERERS TO OBTAIN INFORMATION

Tenderers shall in addition to the requirements of Clause 11 of the General Conditions of



Tenderers shall, in addition to the requirements of Clause 11 of the General Conditions of

Contract (inspection of site), satisfy themselves as to the sources, sufficiency, availability,means of obtaining and delivering materials, water, fuel, power, labour, transport,

accommodation of personnel if necessary and any other matters or things required for theconstruction and maintenance of the works. Tenderers must also ensure to cover for anyfactor that may affect or influence the pricing of their tender.

36. DUTIES AND CARE

The Tenderer shall ensure that there is no disturbance whatsoever to the operation ofadjacent or surrounding buildings during the period of construction of the Works.

The Tenderer will be held entirely responsible for any damage(s) or nuisance(s) caused toadjacent or surrounding buildings, adjacent roads and footpaths arising from and inconnection with the Works and shall make good all such damage(s) or nuisance(s) and

settle any claims for compensation at his own expense.

The Tenderer‟s attention is drawn to the completed works at site (Package 7), four basements, and is to ensure that any damages to the same is made good on completion ofthe Works at his own expense.

37. FORMING JOINT VENTURES

In the event that the Tenderer shall desire to form a Joint Venture with another Tenderer,with the purpose of submitting a tender for the Works in their joint names, or under the

joint venture leadership of one of the said tendering companies, and providing always permission for the joint venture tender submission shall be first obtained from theEmployer for the joint tender prior to the tender submission.

The Employer reserves the right to disqualify any tender received from a joint venture oftenderers as defined above, who have not obtained such prior permission to submit a tenderas a joint venture.

Tenders submitted by Joint Ventures are to comply with the following requirements:-

A. The Tender shall be signed by all ventures so as to be legally binding on each memberof the Joint Venture. The name of the signatory shall be shown in print underneath each

signature.



(ii) The interest of each of the venture in the Joint venture.

(iii) The name of the party and the person respectively nominated to act as lead member



(iii) The name of the party and the person respectively nominated to act as lead member

and representative of the Joint Venture and who in such capacity is authorized toincur liabilities and enter into a contractual relationship with third parties, toreceive instructions and action instructions from Employer and to make andreceive payments on behalf of the Joint Venture.

(iv) That the aforesaid declaration takes precedence over anything which may be

contained in the said Joint Venture agreement.

38. TIME FOR COMPLETION

Tenderers shall refer to tender documents Volume I - Section 2 (Scope of Works), Section3 (Form of Tender and Appendix).

If the Tenderer considers that he shall complete any Section or Sections within a shorter period, as compared to durations specified in contract documents, calculated from theCommencement Date this shall be stated in Schedule A11: Schedule of Departures. (Referto Article 17 f (xii) hereof), giving the offered alternative Times for Completion.

Tenderers to note that the Hard & Soft Landscape Works within the Contract Works cannot be started before the elapse of 12 calendar months from the Contract‟s commencement dateand should be completed within the construction period given in the Appendix A of theForm of Tender.

39. ADJUSTMENT ITEM AND DISCOUNT

The adjustment amount in form of „Discount‟ (if any), inserted within the Summary of thetendered Bill of Quantities and/or in any other form of formal correspondence, shall applyto all items of work, excluding Provisional Sums and Prime Cost (P.C.) rates, to arrive at

the Contract sum as finally justified and agreed between the Employer and Tenderer. Theadjustment shall not be a lump-sum but a percentage of the total Tender Sum excluding

Provisional Sums and P.C. Rates.

The Contract must be signed with the inclusion of the adjusted rates and sums, and the

adjusted rates and sums shall be applied to payments, evaluation of variations and finalaccount.

40 BONA FIDE TENDER



SECTION 2

SCOPE OF THE WORKS



JEWEL OF THE CREEK (JOC) PROJECTTender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works

Fire Alarm… etc) required in the Service Corridors in the “Un-used Basement Areas” aswell as all Civil Works and Finishes required in the District Cooling Plant room and RMUControl Room.



vii)

Waterproofing for ALL Water and Sewage Tanks required for Package 8 operation,including supply and fixing of all necessary embedded metal inserts, ladders in addition to

Special Chemical Treatment for Potable Water Tanks.

viii) Waterproofing for the “Inner Surfaces” of ALL Manholes, Gulley-traps, Sump pits andWet Areas…etc.

ix) Supply & Installation of Cat-ladders, Metal Steps in the Lift Shafts and Sump pits.

x) All Aluminum & Glazing Works for doors and windows, handrails, louvers for MEPservices rooms and the like.

xi) Metal and wooden doors as shown in the tender drawings.

xii) Vehicle Barriers, Parking Access & Control Equipment needed for Parking Management system.

xiii) All Signage and Traffic Signs.

xiv) All elevators and conveying systems which continue to upper floors.

xv)

Kitchen & Laundry Equipment including all required stores, cold stores and the like.xvi) Complete Garbage Management System including garbage chutes … etc.

xvii) Transformer rooms in the 1st Basement (Civil & MEP Works) of all Buildings. The

Contractor shall liaise with DEWA for inspection and approval of the executed works.

xviii) ALL the Electromechanical Works as indicated in the Tender Documents which include,without being limited to, Electrical Installations and Lighting, Fire Alarm & Fire Fighting,Plumbing & Drainage Works including completion of underground drainage embedded in

the rafts such as Manholes, Gulley-traps, Grating, Sump-pits and Grease-traps…etc., Air -conditioning & Ventilation Systems, Smoke Extract Systems including Jet fans, AC

Chillers and Central Plant Room, Gas network/system, Parking Vacancy Indication System…etc., all testing and commissioning prescribed in the Tender Documents and carryout the periodic and preventative maintenance during the Defects Liability Period as stipulated in

the Form of Tender.

For the avoidance of any doubt the Tenderers shall execute and complete ALL the Works given in theTender Documents.

Tenderers shall refer to the details provided in this tender and visit the site for any further informationfor the planning and execution of the related works.

2.2 (5) Hospitality Buildings (A1 – A5) & Ballroom (F3)


The main elements of superstructure works in the above six (6) buildings shall include,without being limited to, the following bulleted works. Tenderers shall refer also to the



g , g

details provided in this tender:

i) ALL Reinforced Concrete Works (Conventional and Post-tensioned) for, without being limitedto, Columns, Core Walls, Shear Walls, Beams, Suspended Slabs, and Roof Slabs…etc.

ii) ALL Masonry Works (Solid & Hollow Block-works) Thermal and Fire-rated Block-works… etc.

iii) Internal Finishes for ALL areas excluding the works which shall be carried out by InteriorDécor Contractor(s) for the “Front of House – FOH”. These areas are identified byreference to the Architectural Finishes Plans and relevant items in the BOQ as follows:

a. For BOH and other areas where full finishes are specified for floors, walls and ceilings.

b. For the FOH areas the Tenderer to include in his LS Price for the execution of Screeds ofdifferent thickness, Wall Plastering and Waterproofing Works of wet areas (kitchens, bathrooms and pantries)etc. The Final Finishes shall be carried out by Nominated Interior

Décor Subcontractor(s). These Final Finishes are described in the Tender documents anddrawings as: “By ID Contractor(s)”.

iv)

All the Interior Décor Works for the Front of House (FOH) will be designed by the InteriorDesign Consultant selected by the Employer and relevant Interior Décor Works shall be

carried out by one or more specialist Nominated Subcontractor(s). This item is coveredunder Provisional Sum in the Tender Bills of Quantities and related works shall include,

without being limited the Finishes for Floors, Walls and Ceiling in addition to the LooseFurniture, Art works, Wooden Doors and Panels, Parquet Flooring, Cupboards, Vanities,Kitchen Cabinets, Home Appliances, and Mirrors…etc. (Tenderers to refer to the InteriorDecor Subcontract “Scope” as indicated on the drawings included in Appendix F of thisTender Document).

The Provisional Sum for ID Works shall also cover the Cost of Mock-ups of (1) Standardand (1) Executive Guest Room. The P8 Contractor and his Nominated MEP Subcontractorwill carry out required works as “Variation” utilizing Contract Rates, without time

extension while the Interior Décor Works shall be carried out by a specialist ID Contractorselected by the Employer prior to finalizing the Interior Design Drawings.

v) External Finishes such as, without being limited to, plastering, painting, tiles, stoneflooring and cladding, soffit claddings … etc.

vi)

Aluminum & Glazing Works including doors, windows, handrails, external cladding andcurtain walls, spider curtain glass walls, and louvers …etc.

viii) Structural Steel Works (Columns, Beams, Trusses, Rafters, Purlins & Roof decking…etc.)for F3 Building as well as Steel Structure Works in A1 Building (Atrium canopies etc )


concerned entities. Power consumption associated with this provision shall be borne by theClient.”

xii) Elevators and Escalators and in brief all conveying systems.



xiii) Garbage Chutes and Waste Management System.

xiv) Internal & External Signage.

xv) Security Systems, CCTV and Access Controls.

xvi) Cafés and Restaurants including kitchens, pantries, stores etc.

xvii) Landscaping Works.

2.3

External Works & Marina Works

Excluding the Hard & Soft Landscape Works addressed in Section 2.4 below, the Tenderershall allow for the execution, completion, testing, commissioning of the following works:

i) Construction of “Vehicle Bridge” crossing the Inner Canal which shall be designed by theEngineer and executed by the Contractor based on the Contract rates (A Provisional Sum is

allowed for this purpose in the Tender’s Bill of Quantities ).

ii) Design and Construction of Foot Bridges crossing the inner canal.

iii)

The Central RMU of the Project located at the Ground floor level of C1 Building (Civil &MEP Works). The Contractor shall liaise with DEWA for inspection and approval of theexecuted works;

iv) Supply & Installation of complete LPG system including Gas Tanks with all related civilworks such as, without being limited to; excavation, dewatering (if required),waterproofing, block work, concrete works and backfilling….etc.

v) Design and Construction of the whole Marina Works including floating pontoon, berths

and the like.

2.4 Hard & Soft Landscape Works

The whole of “Hard & Soft Landscape Works” for the entire area of Plot No 129-104 is

covered under a separate Provisional Sum in the Tender ’s BOQ and shall be carried out byspecialist Landscape Nominated Sub-Contractor(s) following the completion of relevant

Landscape Design. The Tenderers to note that the Builders Works shall be treated as part ofthe Provisional Sum’s “Expenditure” since the Tenderer may not be in a position to price

the same during Tender stage in absence of detailed Landscape Design.

Tenderers to note that the Hard & Soft Landscape Works withi n the Contract Works

cannot be started before the elapse of 12 calendar months from the Contract ’s

commencement date and shoul d be completed withi n the construction period given in the


ii) The Tenderers to note that for the whole balance areas of the basements (Used and Un-used) the embedded steel sections for future Tower Cranes should be left in their locations.However all openings above such embedded sections for; a) Used Areas: shall be closed by



reinforced concrete as indicated in the Tender drawings, including breaking of upstandswherever necessary and the resulting surfaces (Floors & Soffits) shall receive the specifiedfinishes in the Tender drawings, while for; b) the Unused Areas the Package 7 Contractorhas cast reinforced concrete parapets (up-stands) of 1200 mm height which are to be left asis.

iii) The Tenderers shall allow for “Saw Cutting” down to the level of the Inner Creek Slab andcarting away the debris of diaphragm wall adjacent to the Floating Bridge as per the layout

provided in the Tender documents.

iv)

The Tenderers shall allow for the removal of the existing temporary reinforced concretewall closing the inner canal near the Floating Bridge.

v) The Tenderers shall allow for breaking and removal of mass concrete wall adjacent to theFloating Bridge.

vi) The Tenderers shall allow for any temporary dewatering needed during the operationsdescribed under items iii, iv, v above.

vii)

The Tenderers shall allow for making openings in the constructed Periphery RetainingWalls as well as the Diaphragm Wall behind them at all locations shown in the Tenderdrawings where the entrances/exits of the tunnels are to be built by a Contractor employed

by the Roads and Transport Authority (RTA). Package 8 Contractor has to use thespecified and approved waterproofing material (SIKA) and employ the specifiedapplicator/subcontractor M/S ISAM KABANI to ensure the proper connection andtermination of the existing waterproofing works carried out in Package 7 by these entities.The Contractor and his specified domestic waterproofing subcontractor have to liaise and

coordinate with the Contractor employed by RTA and his waterproofing subcontractor. Allentities involved in this “Interfacing” of waterproofing works should exercise utmost care

during their work in order not to invalidate the “20 Years Tripartite Warranty” given byPackage 7 Contractor with the Material Manufacturer (SIKA) and theapplicator/subcontractor (ISAM KABANI). Package 8 Contractor and his waterproofingsubcontractor/material supplier shall have the same obligation of “20 Years TripartiteWarranty” for all substructure waterproofing works from the ground floor level and any

water leakage/seepage resulting from this work and the rectification thereof shall be thesole responsibility of the Package 8 Contractor and his waterproofing supplier and

subcontractor [A Firm Quotation is given by M/S ISAM KABANI copy thereof is enclosedin Appendix G of Tender documents].

viii) The Tenderers shall be responsible for Maintenance of submersible pumps (duty and

standby) installed by Package 7 Contractor near the temporary closure of Inner Creek


x) The Tenderers shall allow in their price for the cost of waterproofing works of the entireground floor slab and podiums by using solely the specified/approved materials and



applicator/subcontractor. This work should be carried out with utmost care to ensure the proper continuation of waterproofing works/interfacing with the waterproofing works

carried out by Package 7 Contractor [Firm quotations to carry out this waterproofingworks from M/S TEKNCOAT and M/S ISAM KABANI were given and copies thereof are

included in Appendix G of the Tender documents].

xi) Allow for providing and maintaining valid ALL insurances in the contract including that

for the executed works by others as detailed in the Tender Documents.

xii) Allow for necessary and close coordination with other Contractors on site for the removalof cofferdam and/or any other Contractor appointed by the Employer.

xiii) Allow for liaison, coordination and assistance of the contractors employed by M/s Roadsand Transport Authority (RTA) for the construction of underground tunnels, bridges androad works outside the Plot boundary which may encroach onto the site boundary.

xiv) The Package 8 Contractor jointly and severally together with his WaterproofingSubcontractor and material Supplier shall provide the “20 Years Tripartite Warranty” forthe waterproofing works of the GF slab, the inner creek and the RTA tunnel penetrations.

In conclusion and brief clarification the Tenderers shall refer also to the details provided in thistender and visit the site to investigate and be familiar with any other works which need to becarried out by them but missed herein in this section, to be considered in their Lump Sum Price, to

make the project “Operable” for the intended purpose allowing “Soft Opening” to take place by theOperator of the (5) Hospitality Buildings & Ballroom after the substantial completion date.



SECTION 3

FORM OF TENDER AND

APPENDIX TO TENDER


Tender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works

______________________________________________________________________________________

FORM OF TENDER



To M/S. DUBAI INTERNATIONAL REAL ESTATE

P.O. BOX 29000

DUBAI, U.A.E.

Tender For: JEWEL OF THE CREEK (JOC) PROJECT ON PLOT NO. 129-104 ATPORT SAEED, DUBAI, U.A.E. (PACKAGE 8: FIVE HOSPITALITY

BUILDINGS, BALL-ROOM, MARINA & LANDSCAPE WORKS)

Dear Sirs,

1. Having examined all of the contents of the tender documents (viz the Instructions to

Tenderers, Scope of Works, Conditions of Contract, Drawings, Form of Agreement,

Specifications and Bills of Quantities) for the proposed Works, and having visited and

examined the Site of the Works or caused it to be visited on our behalf by a competent andreliable person and having acquired all requisite information relating thereto as affecting

this Tender, we the undersigned, hereby offer to construct, complete, maintain and remedy

any defects till completion of defects liability period for such Works in conformity with the

said tender documents including Tender addendums & circulars for the Contract FIXED

Lump Sum price of U.A.E. Dirhams .......................................................……………………

……………………………………………............................................................................

(AED.……………………………) or such other sums as may be ascertained in

accordance with the said Conditions.

2. We acknowledge that the Appendix (A) to ‘Form of Tender’ forms part of our Tender.

3. We have priced the Bills of Quantities in detail and return them with this Tender together

with all the information requested in the Instructions to Tenderers and other ContractDocuments.

4 W fi h h f ll k i h T d Add d d Ci l



______________________________________________________________________________________

5. We undertake if our Tender is accepted to commence the Works including erecting all site

facilities required and to complete and deliver the whole of the Works and/or any sections



facilities required and to complete and deliver the whole of the Works, and/or any sectionsthereof, comprised in the Contract within the Period for Completion as given in theAppendix to the Form of Tender, including mobilization period, in accordance with Clause

43 of the Conditions of Contract. These periods include all Fridays, Public Holidays, etc.,and other non-working days caused by inclement weather, etc., and shortened working

hours during the Holy Month of Ramadan, and the summer months as directed by localauthorities.

6. If our Tender is accepted we will provide the required Performance Security from a Bank

(to be approved by the Employer) to be jointly and severally bound with us in the sum of

ten percent (10%) of the contract price for the due performance of the Contract in

accordance with its terms and conditions.

7. If our Tender is accepted we shall obtain the insurances as required by the contract beforecommencing the work.

8. In consideration of the trouble and expense incurred by you in preparing the contract and in

examining and considering this Tender, we agree to abide by this Tender for a period of 90

days from the date fixed for receiving the same and it shall remain binding upon us and

may be accepted at any time before the expiration of that period.

9. We undertake in the event of this Tender being accepted to enter into an agreement with

you in the form annexed hereto which may be altered and added to in such manner as you

may require for the purpose of adapting it to the circumstances of this Tender.

10. In the event of our Tender being accepted, and until formal contract documents are prepared and executed, this Tender, together with your letter of Acceptance or Intent

thereof, shall constitute a binding contract between us.



______________________________________________________________________________________

Dated this …………………………….…………… day of …………………………. 2013

Name: …………………………………………….. (Signature) …………………………....



Acting in the capacity of …………………………………………………………………….

Duly authorized to sign Tender for and on behalf of

Full Name of Company ………..............................................................................................

Address ………..........................................................................................................

Stamp ………..........................................................................................................

Witness

Signature ………...................................................

Name ………...................................................

Address ………...................................................



______________________________________________________________________________________

APPENDIX (A)

TO FORM OF TENDER

(The sub-clause numbers stated herein refer to the Sub-clause of the Conditions of Contract in



(The sub clause numbers stated herein refer to the Sub clause of the Conditions of Contract inVolume I-Section 5, 6 & 7 of the tender documents)

DESCRIPTION Sub-

Clause

PARTICULARS

Amount of Performance Security 10.1 10% of Contract Price to be submittedwithin (28) days from the date of Letter

of Acceptance.

Insurance of the Works (CAR) 21.1 (a) 115% of the Contract Price to be validtill the issue of Defects Liability

Certificate.

Minimum Amount of Third Party Liability 23.1 UAE Dirhams Two (2) Million per

occurrence. Number of OccurrencesUnlimited.

Commencement of the Works 41.1 Within (7) days from the Engineer’s

notice to commence.

Possession of Site and Access thereto 42.1 Within seven (7) days from theEngineer’s notice to commence theworks.

Time for Completion of Works 43.1 36 Months including Mobilization &Local Authorities Permits.

Overtime 45.2 Rates for Engineer’s Overtime shall be as per Volume I – Section 7: Schedule ofEngineer’s Rates (Overtime Rates).



______________________________________________________________________________________

DESCRIPTION Sub-

Clause

PARTICULARS

Engineers Supervision Fees beyond 45.3 Rates for Engineer’s Supervision shall beV l I S ti 7 S h d l f



Engineers Supervision Fees beyondthe time for completion

45.3 Rates for Engineer s Supervision shall beas per Volume I – Section 7: Schedule ofEngineer’s Rates (Supervision Rates).

Penalty for Delays 47.1 For Employer;

AED 500,000 per day.

Maximum Amount of Penalty for delay 47.3 10% Of the Contract’s Final Sum.

With exception of Sub-Clauses 45.3 &

45.4

Defects Liability Period 49.1 365 days from Taking over Certificate for

the Civil Works.

730 days from Taking over Certificate for

the MEP Works.

Percentage of Retention Money 60.2 (a) 10%

Minimum Amount of Interim Payments 60.2 AED (30) Thirty Million.

Time for Payment by Client 60.10 (45) Forty Five days from the date ofreceipt of Engineer’s Certificate.

Rate of Interest upon unpaid sums/amount 60.10 NIL

Percentage for Attendance, Overheads &

Profits for Varied/ Additional Works not

(10%) Ten Percent.



SECTION 4

FORM OF AGREEMENT



_______________________________________________________________________________________

FORM OF AGREEMENT

THIS AGREEMENT is made the day of 2013 between



THIS AGREEMENT is made the ……………………..… day of …………………. 2013 between

M/s Dubai International Real Estate (hereinafter called the “Employer”) of the one part and

M/s……………………………….……………………………………………………………………

(hereinafter called the “Contractor ”) of the other part.

WHEREAS the Employer is desirous that certain Works should be executed, namely JEWEL OFTHE CREEK (JOC) PROJECT ON PLOT NO. 129-104 AT PORT SAEED, DUBAI,

U.A.E. (PACKAGE 8: FIVE HOSPITALITY BUILDINGS, BALL-ROOM, MARINA &

LANDSCAPE WORKS) and has accepted a tender by the Contractor for the construction,

completion and maintenance of such works.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract hereinafter referred to.

2. The Employer will pay to the Contractor the sum of AED ……………………….. {figure}

(UAE Dirhams. …………………………………………………………………….{inwords} (hereinafter referred to as "The Contract Price") or such other sum as shall become

payable under the Contract.

3. The following documents shall be deemed to form and be read and construed as part of thisAgreement, viz :(a) The Contract Agreement.(b) The Letter of Acceptance.

(c) The Tender including Tender’s Instructions, Circulars and Addendums.(d) Conditions of Contract Part II.

(e)

Conditions of Contract Part I.(f) Contract Drawings.(g) Technical Specifications.(h) Priced Bills of Quantities.(i) A th d t f i P t f th C t t A t



_______________________________________________________________________________________

6. The Contract shall become effective from the Date of the Letter of Acceptance or Intent orsuch other date as may be stated there in.

IN WITNESS whereof the authorised representative of the parties have hereto set their respective



IN WITNESS whereof the authorised representative of the parties have hereto set their respectivehands the day and year first above written.

SIGNED BY ……………………………………………………………

Duly authorized to sign this Contract for and onBehalf of the Employer, M/s Dubai International Real Estate

Name : ………………………………………………..

In the presence of: -

Name : ………………………………………………..

Signature : ………………………………………………..

Address : ………………………………………………..

: ………………………………………………..

Occupation : ………………………………………………..

Stamp : ………………………………………………..

____________________________________________________________________________

Signature : ………………………………………………..

Name : ………………………………………………..

Duly authorized to sign this Contract for and onBehalf of the ………………………………………………… {Contractor’s Name}

In the presence of: -



SECTION 5

PART I - GENERAL CONDITIONS OF

CONTRACT



_______________________________________________________________________________________

PART I - GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract shall be the Conditions of Contract for Works of CivilEngineering Construction (Fourth Edition 1987 reprinted 1988 1992 with amendments)* PART



Engineering Construction (Fourth Edition 1987, reprinted 1988, 1992 with amendments)* PART(I) published by Federation International Des Ingenieurs-Conseils (FIDIC), and amended orsupplemented by Conditions of Particular Application following in PART (II) hereunder. In theavoidance of doubt, the Conditions of Particular Application shall take precedence over the GeneralConditions in the implementation of the Contract.

All provisions of all Articles not specifically amended herein shall remain in full force and effect.

* Tenderers are deemed to be in possession of their own copy of the standard documents at tenderstage and to be fully aware of and to have understood the content thereof.



SECTION 6

PART II - CONDITIONS OF PARTICULAR

APPLICATIONS


PART II - CONDITIONS OF PARTICULAR APPLICATIONS

The following numerical references are to the Clause and Sub-Clause numbers in Part 1 - GeneralConditions of Contract (FIDIC 4th Edition 1987, reprinted 1992 with further amendments) and as



may be amended herein Part 2 - Conditions of Particular Application.

1.1 Definitions

(a)(i) In Sub-Clause 1.1(a)(i), delete the remainder of the Sub-Clause from the word"such” and replace with the words "the Employer who will employ the Contractor ."

“Employer” means Dubai International Real Estate P.O. Box: 29000 Dubai,

United Arab Emirates, Tel: 04 -3492222, Fax: 04 -3448000.Insert the following sentence at the end of Sub-Clause 1.1(a)(i);

Whenever and wherever the terms "Client" or "Owner" shall appear in any ContractDocument, they shall be construed as being the same as "Employer” and vice versa,unless otherwise stated.

(a)(ii) Delete Sub-Clause 1.1(a)(ii) in its entirety and substitute with the following Sub-

Clause:-

“Contractor” means the person or persons, firm or company who’s tender has beenaccepted by the Employer and includes the Contractor’s representatives, successors

and permitted assigns.

Name and full address in the U.A.E. (including company Registration Particulars).

……………………………………………………………………………..…

…………………………………………………………………………………

Registered address of Head Office (if different from above).

…………………………………………………………………………………

…………………………………………………………………………………

(a)(iv) “Engineer” means Partnership – Kling Consult and Kieferle & Partners, P.O. Box:114627, Dubai, United Arab Emirates, Tel.: 04-3828500, Fax: 04- 3828501.

Insert the following sentence at the end of Sub-Clause 1.1 (a)(iv);Whenever and wherever the terms "Consultant" or "Architect" shall appear in any


Provisional Sums, P.C. Rate and plus the amount of attendance on such ProvisionalSums and P.C. Rate.

(b)(x) Breakdown of Lump Sum Items: means the breakdown in the scheduled activitiesof the Project Program of Work of the Lump Sum items in the B.O.Q. giving



j g p Q g gamounts of the main components of the Works.

Insert the following Sub-Clause at the end of Sub-Clause 1.1(d):-(d)(iii) Substantial Completion : means the stage when the whole of Contract Works, or

any section thereof, have fulfilled the Contract requirements indispensable, in theopinion of the Engineer, to issue a Taking-Over Certificate pursuant to Clause 48.1of these conditions.

2.1 Engineer’s Duties and Authority

“Delete this clause in its entirety” and “insert the clause following below” a) The Engineer shall carry out the duties specified in the Contract. b) The Engineer may exercise the authority specified in or necessarily to be implied from

the Contract, provided however, that with regard to all matters concerning amendmentsto the Contract Price or Time for Completion of the Works, instructions shall only be

issued following written approval from the Employer.c)

Except as expressly stated in the Contract, the Engineer shall have no authority to

relieve the Contractor of any of his obligations under the Contract and he has to seekthe approval of the Employer prior to:

Consenting to the Contractor ’s programme submitted under clause 14.

Issuing any Taking Over Certificate under Clause 48, of these Conditions ofContract.

Issuing a Defects Liability Certificate under Clause 62 of these Conditions ofContract.

d)

Clause 2.1-(b) shall be considered in conjunction with all other Clauses in the Contract,including the General Conditions of Contract Part I and Conditions of ParticularApplication Part II and shall take precedence there over. In case of ambiguities or

discrepancies the same shall be referred to the Employer who shall thereupon issue adecision and instructions as required.

Notwithstanding the obligation, as set out above, to obtain approval from the Employer, if,

in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the

Works or of adjoining property, he may, without relieving the Contractor of any of hisduties and responsibilities under the Contract, instruct the Contractor to execute all suchwork or to do all such things as may, in the opinion of the Engineer, be necessary to abateor reduce the risk. The Contractor shall forthwith comply, despite the absence of approval

of the Employer with any such instruction of the Engineer


Insert the following at the end of Sub-Clause 4.1:-(d) Without subjecting the Contractor’s discretion to use any of the specified

subcontractors, equipments or materials he should seek the Engineer’s consent on“Particulars” of his intended use and such consent shall not be unreasonably withheld.



Insert the following Sub-Clause after Sub-Clause 4.2;4.2 Contractor to supply drawings and specifications to Subcontractors.

The Contractor must supply to his subcontractors all drawings, relevant parts of thespecifications and any other information, which is necessary for or will assist theSubcontractor in the execution of the Sub-Contract Works.

5.1 Language/s and Law

Pursuant to Sub-Clause 5.1(a) of Part 1, the language in which the Contract Documentsshall be drawn up shall be English only. The Contract and all notices and correspondence

between the Contractor, Engineer and Employer shall be transmitted in the Englishlanguage unless otherwise requested by the Employer for limited occurrences.

Pursuant to Sub-Clause 5.1 (b) of Part 1, the Contract shall be subject to and construed in

accordance with the laws and instruments having the force of law in the Federation of theUnited Arab Emirates and the Emirate of Dubai. Any difference that may arise between theEmployer and Contractor in regard thereto shall be settled in accordance therewith.

5.2 Priority of Contract Documents

Delete the documents listed in 1-6 and substitute with as follows:

a. The Contract Agreement. b. The Letter of Acceptance.

c. The Tender including Tender’s Instructions, Scope of Works etc.d. Conditions of Contract Part II.e. Conditions of Contract Part I.

f. Contract Drawings.g. Specifications.h. Priced Bills of Quantities.i. Any other document forming Part of the Contract Agreement.

Insert the following at the end of Sub-Clause 5.2:-Drawings, Specifications, Bills of Quantities and all other contract documents arecomplementary and if any item is included in any of them it shall be deemed included in all.

The Contractor shall be deemed to have studied and examined all the tender documents andi d ll di i h b f b i i hi d h h h ll


7.1 Supplementary Drawings and Instructions

Insert the following at the end of Sub-Clause 7.1:-The Contractor shall give the Engineer 15 days notice of any additional design drawings,specifications or instructions required to define the Works in detail or to permit the proper



specifications or instructions required to define the Works in detail or to permit the properexecution of the Works. Failure to give notice under Sub-Clauses 6.3 and 7.1 will eliminate

the Contractor’s right to claim for extensions of time under Sub-Clause 6.4. The Contractorshall not be entitled to any addition to the Contract Price if such drawings, specifications orinstructions do not incur additional Work pursuant to clause 51 of Contract Conditions.

Insert the following Sub-Clauses after Sub-Clause 8.2;

8.3 No reduction in responsibility

The responsibility of the Contractor under and in accordance with the Contract (includingresponsibility for design, design development and documentation of the Whole Works) isnot relieved or reduced by: -

(a) The review, vetting or approval of any proposals of the Contractor in relation tosystems, design, design development (where the Contract expressly provides that any

part of the Permanent Works shall be designed by the Contractor), documentation,

construction means, methods of working, techniques, equipment or labour levels,sequences, procedures or other matters used by the Contractor in the execution of theWorks under the Contract.

(b) The estimating of quantities by the Employer.(c) The provision, review, vetting of the construction programs supplied either with the

Contractor’s tender or under the Contract.

(d) The provision, review, vetting or approval of the make-up of the Contractor’s rates and prices in the Bill of Quantities.

(e)

Any difficulties which the Contractor might have in satisfying the design, designdevelopment, commissioning, performance and other criteria for the work under theContract and the Works.

(f) Any errors, omissions, ambiguities, conflicts or other problems in the Specifications.(g) Any delay, disruption or other problems the Contractor might experience in connection

with the submission of design, design development or documentation to the Engineer; or(h) Any rejection by the Engineer of design, design development or documentation

whether such rejection is found subsequently to have been justified or otherwise.

(i)

Any coordination requirements with other Contractors working on the site appertainingto transportation routes, storage areas, construction interfaces and the like.

8.4 No acceptance of performance

The review vetting or approval by the Engineer of any of the matters referred to in Clause


10.1 Performance Security

Delete Sub-Clause 10.1 in its entirety and replace with the following Sub-Clause:-

(a)

Within 28 days after receipt of the Letter of Acceptance issued by the Employer, theContractor has to submit at his own cost to the Employer, a Performance Security in the



form of a Bank Guarantee for an amount equivalent to the percentage stipulated in the

Appendix to the Form of Tender of the Contract Price given in the Letter ofAcceptance to assure the due performance of all his obligations pertaining to theContract.

(b) The performance security shall be confirmed, irrevocable and unconditional guaranteeissued by a bank domiciled in the United Arab Emirates that is acceptable to the

Employer and shall be in the form provided in the Tender Document. Any sums up tothe limitation of the security shall become immediately payable by the bank to theEmployer upon his first demand without any requirement for proof or conditions.

(c) The amount of Performance Security shall be automatically and proportionallyincreased by the Contractor to represent ten (10%) of the value of the Works should

this exceed or be increased over the Contract Price in the Letter of Acceptance issued by the Employer.

10.2 Period of Validity of Performance Security

Delete Sub-Clause 10.2 in its entirety and replace with the following Sub-Clause:-The performance security shall be valid during the whole of Contract Period including the

Defects Liability Period and until the issuance by the Engineer of the Defects LiabilityCertificate pursuant to Sub-Clause 2.1 and 62.1 of these conditions and shall be released tothe Contractor within 30 days thereafter.

In the event of termination, the performance bond shall be valid and in custody of the

Employer until such time, any pending claim(s) from the Contractor has been resolved andagreed with the Employer and/or formerly withdrawn by the Contractor.

Delete Sub-clause 11.1 in its entirety and replace with the following:

11.1 Inspection of Site

The Tenderer/ Contractor shall be deemed to have inspected and examined the Site and itssurroundings and information available in connection therewith and to have fully satisfiedhimself (so far as is practicable, having regard to considerations of cost and time) before

submitting his Tender, as to;

(a) the extent and nature of work and materials necessary for the execution and completionof the Works and the remedying of any defects therein,

(b) the means of access to the Site and the accommodation he may require,(c) the necessit for coordination ith other Contractors orking on the site


14.1 Programme to be submitted

Add the following sentence at the end of Sub-Clause 14.1:-

By virtue of Volume II (A) – Section 01310: Construction Programme, the Time withinwhich the Programme to be submitted per building per floor shall be:-



a) Work Breakdown Structure: fourteen (14) days from the issuance date of the Letter of

Acceptance;

b) Level 1 and Level 2: fourteen (14) days from the issuance date of the Letter of

Acceptance;

c)

Level 3 and Level 4: twenty one (21) days from the date of the Engineer’s consent ofLevel 2 Programme.

14.2 Revised Programme

Substitute the sentence “Time for Completion” at the end of the sub-clause 14.2 by thesentence “completion dates as below:” then insert the following thereafter:

a) If the Contractor in culpable delay then the Engineer would require a RevisedProgramme showing what steps the contractor would have to take in order to complete

the contract works within the Time for Completion stated in the Appendix to Tender; or

b) If the Contractor had been granted an extension of time by the Employer then theEngineer would require a Revised Programme showing the new completion date; or

c) If the Contractor at any time during the construction period has changed its MethodStatement and/or sequences of working then the Engineer would require a Revised

Programme by virtue of the new method and/or sequences of working for propermonitoring of the works in progress and contractor’s performance to complete with the

Time for Completion stated in the Appendix to Tender; ord) If sub-clause 44.5 applies, then the Engineer would require a Revised Programme

showing the new completion date.

The Time within which the Revised Programme to be submitted by the Contractor shall befourteen (14) days from the Engineer request.

The Contractor shall submit to the Engineer any and all information required by him at anytime during the Time for Completion of the Works, in the form and content as he may

reasonably prescribe to monitor the progress of the Works. The Engineer shall have freeaccess to all available data and information, including the right to reproduce such data andinformation, as he may require to follow-up the progress of work.

14.3 Cash Flow to be Submitted


duties or responsibilities under the Contract and shall not constitute a direction or entitle theContractor to an extension of time under Sub-Clause 44.1.

Insert the following Sub-Clause after Sub-Clause 15.1;

15.2 Language ability of Contractor’s Representative



g g y p

The Contractor’s authorized representative shall be fluent in the English language (bothwritten and spoken).

16.1 Contractor’s Employees

Insert the following Sub-Clause to Sub-Clause 16.1;

(c) Supervisory staff down to and including general foremen who have a good command ofthe English language.

17.1 Setting-out

Insert the following at the end of paragraph two:-Provided that the expense of rectifying any errors shall be borne by the Contractor if such

error results from incorrect data on the drawings or in the specifications which were usedfor tender purposes which were deemed to have been carefully studied by the Contractor

and accepted by him as being correct unless he has notified the Engineer in writing of sucherrors at the time of tendering.

19.1 Safety, Security and Protection of the Environment

Insert the following Sub-Clauses to Sub-Clause 19.1;(d) The Contractor shall comply with the regulations of the Employer and any controlling

authority in force at the site of the work relating to the precautions to be taken againstfire hazards.

(e)

The Contractor shall be presumed to be in possession of ‘Code of Construction SafetyPractice (2007) issued by Dubai Municipality regarding protection to the human beingresources from dangers and accident” and shall comply with all aspects with the

regulations of all service authorities in carrying out his obligations under the contractwhether for temporary or permanent works.

(f) Provide and maintain, in good operational condition, suitable and adequate fire protection equipment and services and shall comply with all recommendationsregarding fire protection made by the representatives of the Civil Defence fire service,

fire insurance company carrying insurance on the works or the Engineer or hisrepresentatives.

(g) Provide and maintain adequate fire protection in the form of barrels of water with buckets, fire bucket tanks, fire extinguishers, or other effective means of extinguishingfi d f i t t di t ib t d d th j t d i d b t t


(e) The Site Offices of the Employer and the Engineer including its furniture andequipment.

25.1

Evidence and Terms of Insurance

In the third line of Sub Clause 25 1 delete the words "within 84 days of the



In the third line of Sub-Clause 25.1 delete the words within 84 days of the

Commencement Date" and substitute with the words "within fourteen (14) days after thereceipt of the Letter of Acceptance".

In the last line of Sub-Clause 25.1, delete the words "insurer" and substitute with "anyacceptable UAE-registered national insurers, the Employer's acceptance of which shall not

be unreasonably withheld,".

26.1 Compliance with Statutes, Regulations

Delete the last sentence of Sub-Clause 26.1 and insert the following words; "TheContractor shall allow for all such costs properly payable in respect of such fees."

Insert the following Sub-Clause after Sub-Clause 26.1;26.2 Mandatory Permits

The Contractor shall apply to and liaise with the municipal or other authorities for anyrequired mandatory permits to construct the Works pursuant to this Contract as a whole or part or for any variation to the Works which have already received any mandatory permission.

The Contractor shall be responsible for the collection of the permit documentation from theissuing authority and pay all necessary fees for such collection within twenty four (24)hours from receiving instruction from the Engineer.

The Contractor shall be responsible for completing the Works in accordance with the issued permit and to the satisfaction of the issuing authority. He shall be responsible for arranginginspection by the issuing authority and for obtaining its certificate of completion and otherapprovals necessary to ensure completion of the Contract

29.1 Interference with Traffic and Adjoining Properties

Insert the following Sub-Clauses after Sub-Clause 29.1(b);(c) If the Contractor does not carry out the works, as per the obligation covered under this

Clause 29, the Employer may carry out such works from different source and recover

all costs incurred from the money due or will become due to the Contractor.


29.2 Avoid Obstruction and Damage to Services


31.1 Opportunities for Other Contractors

Delete the first two lines of Sub-Clause 31.1 and substitute with the following words; "The

Contractor shall execute, complete and, during the Defects Liability Period, maintain the Worksin such manner so as not to hinder the execution and completion of the works on Site of:"



Insert the following Sub-Clauses to Sub-Clause 31.1;

(d) The Contractor will be responsible for coordination with other Contractors under thedirections of the Engineer or unilaterally to hold and attend necessary meetings, etc.,

and thereby to partake in the overall management of the interface of different packages,with respect to access for other Contractors, handover of sections or parts of in

interface with other Contractors on site, to allow access for services connections orother temporary or permanent works by other packages Contractors.

(e) If there are other Contractors, subcontractors or other persons authorized by theEngineer or the Employer working in, or using the same area where the Contractor is

performing its work, the Contractor shall fully cooperate with such persons to reduceand eliminate all delays or hindrance in the orderly progress of the Works and to assure

orderly expeditious performance and completion of the entire project.

(f) Should the Contractor install any portion of the Works prior to coordination or in suchmanner as the cause interference with the work of others, the Contractor shall, at itsown expense arrange for its removal or modification, or cutting and patching.

32.1 Contractor to keep Site Clear

Insert the following at the end of Sub-Clause 32.1:-

Should at any time after due and reasonable warning from the Engineer, the Contractor fails

to comply with the requirements of Sub-Clause 32.1, the Employer may clear and tidy thesite by using another party and deduct the cost of doing so from monies due or to becomedue to the Contractor without any further recourse from the Contractor.

33.1 Clearance of site on completion

Insert the following at the end of Sub-Clause 33.1:-Immediately prior to the Engineer’s inspection for the issue of the Taking-Over Certificate,the Contractor shall clear away and remove, from that part of the site to which such Taking-

Over Certificate relates, all surplus material, rubbish and debris and leave the area clean forthe inspection.

34.1 Employment of Staff and Labour

h f ll i h d f b l


34.3 Compliance of Statutory Regulations by Staff and Labour

The Contractor shall abide by the rules and regulations from local Authorities, which may

require his observance and he shall instruct his agents, servants and other employees toobey such regulations. The Contractor shall be responsible for keeping discipline on the siteand shall dismiss within 24 hours from receipt of written instructions by the Engineer to



and shall dismiss within 24 hours from receipt of written instructions by the Engineer to

that effect any servant, labourer or other employee who neglects to observe the regulationsor who refuses to carryout instructions given to him by the Contractor on the representationof any responsible representative of the Employer.

34.4 Local Labour Legislation:

The Contractor shall be deemed to have included in his tender price for strict compliancewith the Labour Law, and any other local labour legislation now in force, or likely to comeinto force, during the currency of the Contract.

34.5 Health and Safety

Due precautions shall be taken by the Contractor, and at his own cost, to ensure the safetyof his staff and labour and, in collaboration with and to the requirements of the local health

authorities, to ensure that medical staff, first aid equipment and stores, sick bay and suitableambulance service are available at the camps, housing and on the Site at all times

throughout the period of the Contract and that suitable arrangements are made for the prevention of epidemics and for all necessary welfare and hygienic requirements.

34.6 Measures against Insect and Pest Nuisance

The Contractor shall at all times take the necessary precautions to protect all staff andlabour employed on the site from insect nuisance, rats and other pests and reduce thedangers to health and the general nuisance occasioned by the same. The Contractor shall provide his staff and labour with suitable prophylactics for the prevention of malaria and

take steps to prevent the formation of stagnant pools of water. He shall comply with allregulations of the local health authorities in these respects and shall in particular arrange tospray thoroughly with approved insecticide all buildings erected on the Site. Such treatment

shall be carried out at least once a year or as instructed by the Engineer. The Contractorshall warn his staff and labour of the dangers of bilharzias and wild animals.

34.7 Epidemics

In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply

with and carry out such regulations, orders and requirements as may be made byGovernment of Dubai and the United Arab Emirates, or the local medical or sanitaryauthorities, for the purposes of dealing with and over-coming the same.

34.8 Burial of the Dead


34.10 Arms and Ammunition

The Contractor shall not give, barter or otherwise dispose of to any person or persons, any

arms or ammunition of any kind or permit or suffer the same as aforesaid.

34.11 Disorderly Conduct



The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotousor disorderly conduct by or amongst his staff and labour and for the preservation of peace and protection of persons and property in the neighbourhood of the Works against the same.

34.12 Festivals and Religious Customs

The Contractor and his subcontractors including agents and other personnel shall in all theirdealings, with labour for the time being employed on or in connection the works have due

regard to all recognized festivals and other official public holidays ordered by theGovernment and religious or other customs.

34.13 Sanitary Facilities

Sanitary conveniences for the use of persons employed on the Works shall be provided andmaintained by the Contractor to the extent, and in such a manner, and at such places, as

shall be approved by the Engineer and the authority concerned and all persons connected

with the Works shall be obliged to use them. The Contractor shall make all temporaryarrangements for the proper discharge of sewage and drainage from or in connection withthe Works and shall maintain the same to the satisfaction of the Engineer and the authorityconcerned as long as they may be required.

34.14 Observance by Subcontractors

The Contractor shall be responsible for the observance by Subcontractors employed by himfor the execution, completion and maintenance of this Contract of the foregoing provisions.

34.15 Recruitment

The Contractor shall not recruit or attempt to recruit his staff and labour from amongst

persons in the service of the Employer or the Engineer.

34.16 Accident prevention officer

The Contractor shall employ a qualified safety officer to the approval of the Engineer, on

site, dealing only with questions regarding the safety and protection against all accidents ofstaff and labour. This officer shall have the authority to issue instructions and take

protective measures to prevent accidents.

34.17 Reporting of Accidents

The Contractor shall report to the Engineer on daily basis details of any accident on Site In


36.1 Quality of Materials, Plant and Workmanship


The Contractor shall give the Engineer upon request full particulars of the mode and placeof manufacture and source of supply and the performance capacities and such other

information as the Engineer considers necessary in respect of any of the material



information as the Engineer considers necessary in respect of any of the material,machinery or other equipment to be used in connection with the Contract. The Contractorshall before he arranges manufacture off site of any works or fabricated material to be usedin connection with the Contract give the Engineer reasonable written notice of his intentionto do so. The Contractor shall at his own cost provide adequate storage and protection forall materials so as to preserve their quality and fitness for the Works.

The Contractor shall make all submittals of materials and shop drawings in sufficientdetails. The Engineer shall review, comment, approve or reject the said submittals withinfifteen (15) days of receiving it.

37.2 Inspection and Testing


The Contractor shall give minimum 24 hours notice to the Engineer or any person authorized

by him, to inspect the Work or part of the Works. Failure of the Contractor to abide by thisnotice shall relieve the Engineer of any consequences, which the Contractor may suffer.

38.1 Examination of Work before covering up.


No part of the Works shall be covered up or put out of view without the approval of theEngineer and the Contractor shall afford full opportunity for the Engineer to examine andcheck any such part of the Works which is about to be covered up or put out of view and to

examine foundations before any part of the Works is placed thereon. The Contractor shallgive notice to the Engineer whenever any such part of the Works or foundations is or are

ready or about to be ready for examination and the Engineer shall, without unreasonabledelay, unless he considers it unnecessary and advises the Contractor accordingly, attend for

the purpose of examining such part of the Works or of examining such foundations.

41.1 Commencement of Works


The Contractor shall commence the Works on Site within the period named in theAppendix to Tender after receipt by him of a written notice to this effect from the Engineerand shall proceed with the same with due expedition and without delay.

42 1 Possession of Site and Access Thereto


(b) all periods prohibited by federal, local and/or municipal law for working during thesummer months;

(c)

all shortened working hours during the holy month of Ramadan;(d) the time needed to acquire all custom's clearances and other formalities connected with

the importation of Plant Materials Contractor's Equipment and Temporary Works for



the importation of Plant, Materials, Contractor s Equipment and Temporary Works forutilization in the Works;

(e) the time needed to acquire any certificate of completion from any concerned authorities.


44.4 Evaluation of additional cost related to granted extension of time

In case the Contractor is granted an Extension of Time for Completion of the Works, or anySection or Part thereof pursuant to Sub-clause 44.1 then the additional costs incurred by theContractor during the granted extension of time for completion of Contract Works shall beevaluated by the Engineer solely in utilizing the rates existing (if applicable) in the ContractBills Of Quantities without any entitlement for additional costs of the Contractor’s

head/parent company office.

44.5 Saving of Time

Where, pursuant to sub-clause 51.1, genuine decrease or omission of any work included inthe Contract applies or if the Contractor gives notice pursuant to sub-clause 40.3 theEngineer shall, after due consultation with the Employer and the Contractor:

(a) within 28 days after such event has first arisen appoint an “Assistant” in accordance

with sub-clause 2.4 to produce a Time Adjustment Programme showing such event

impact on the Time for Completion of the Works, and

(b) the Engineer shall determine the amount of such saving, and

(c)

shall notify the Contractor with the revised Time for completion, if any with copy to

the Employer, and

(d) request the Contractor to produce a revised programme by virtue of sub-clause 14.2 (d).

45.1 Restriction on Working Hours


None of the Works shall be carried out in such manner and/or during any periods prohibited

by the federal, local and/or zoning authorities including, without limitation, duringmandatory public holidays, beyond shortened working hours during the month of Ramadanand during daily restricted hours dictated by the federal, local and/or zoning authorities in

the summer months.


Insert the following Sub-Clauses after Sub-Clause 45.1:-

45.2 Overtime

In the event that the Engineer's Representative or any of his Assistants appointed pursuant toClause 2.4 of the Contract Conditions is required to supervise the Contractor’s Works beyondthe Employer’s approved daily working hours or on Fridays or on public holidays officially

d l d b h Mi i f L b h h i i h ll b i “O i F ”



declared by the Ministry of Labour, then such supervision shall be against “Overtime Fees” to be incurred by the Contractor. The Employer shall deduct from the Monthly Payments of theContractor such amounts against the Engineer’s Overtime Fees. Provided the deduction of

such Overtime Fees shall be bound to the following elemental requirements:

(a) The Form, which should be pre-approved by the Employer, shall contain all particulars

substantiating the Overtime’s date, location, duration and the due amount duly signedand stamped by the Contractor and endorsed by the Engineer’s Representative;

(b) The monthly cumulative amount due to the Engineer against the Overtime hours shall beincluded in the successive Interim Payment Certificates issued by the Engineer pursuant toClause 60.2 of Contract Conditions and deducted from the Contractor’s entitlement.

The rates of the Engineer Overtime shall be as stated in ‘Volume I, Section 7 -Schedule ofEngineer’s Rates (Overtime Rates).

45.3 Engineers Extended SupervisionIn the event that the Engineer and Engineer’s Representatives are obliged to supervise theContractor’s Works beyond the time named in the Appendix to Tender for completion of

Contract Works or any section thereof, then the associated costs incurred by the Employershall be deducted from any money due or shall become due to the Contractor under theContract unless such extended supervision period is covered by an extension of time forcompletion granted in accordance with Sub-Clause 44.1 of Contract Conditions.

Provided that the associated costs against the Engineer’s supervision shall be in accordance

with “Volume I, Section 7 – Schedule of Engineer’s Rates for Supervision”. Payments will be made to the Engineer by the Employer who shall deduct such amounts from the monies

due to the Contractor or shall become due under the Contract.

The Employer reserves the right to deduct the amounts incurred against Engineer’s

Extended Supervision apart from any penalty deducted pursuant to Sub-Clause 47.1 or itslimitation in Sub-Clause 47.3 of these conditions. The final amounts deducted by theEmployer against this Sub-Clause 45.3 will be reconciled upon the final award of all

Claims submitted by the Contractor for Extension of Time for Completion of the Works

pursuant to Sub-Clause 44.1 among the concerned entities relevant to their liabilities andsuch necessary adjustments shall be made in the Final Payment Certificate issued pursuantto Sub-Clause 60.8 of Contract Conditions.



47.1 Penalty for Delays

If the Contractor fails to comply with the Time for Completion in accordance with Clause48 including carrying out all prescribed tests in the Contract, for the whole of the Works or,if applicable, any Section within the relevant time prescribed by Clause 43, then the

C t t h ll t th E l th l t t t d i th A di t F f



Contractor shall pay to the Employer the relevant sum stated in the Appendix to Form ofTender as penalty for such default for every day or part of a day which shall elapse betweenthe relevant Time for Completion prescribed in Clause 43.1 hereof or the extended Time

for Completion as the case may be and the date stated in a Taking-Over Certificate issued pursuant to Clause 48.1 of Contract Conditions of the whole of the Works or the relevant

Section, subject to the applicable limit stated in the Appendix to Tender. The Employerwithout prejudice to any other method of recovery and without necessity of any court actionor legal proceedings and without proof of financial losses incurred by the Employer maydeduct the amount of such penalties from any monies due or to become due to theContractor. The payment or deduction of such penalties shall not relieve the Contractor

from his obligation to complete the Works, or from any other of his obligations andliabilities under the Contract.

47.2 Reduction of Liquidated Damages


47.2 Reduction of Penalty

If, before the Time for Completion of the whole of the Works or, if applicable, any Section,a Taking-Over Certificate has been issued for any part of the Works or of a Section, the

penalties for delay in completion of the remainder of the Works or of that Section shall, forany period of delay after the date stated in such Taking-Over Certificate, and in the absenceof alternative provisions in the Contract, be reduced in the proportion which the value ofthe part so certified bears to the value of the whole of the Works or section, as applicable.The provisions of this Sub-Clause shall only apply to the rate of penalties and shall notaffect the limit thereof.

Insert the following after Sub-Clause 47.2:-47.3 Maximum Amount of Penalty recoverable

The maximum amount of penalty payable by the Contractor to the Employer pursuant to

Sub- Clause 47.1 shall not exceed ten (10) percent of the Final Contract Sum incorporatingall Variations and adjustments of Provisional sums and PC Rate items. The aforementionedlimit is only applicable to the penalty for delay in completion of Contract Works pursuant

to Clause 47.1 but does not prejudice the Employer ’s right to recover any other additionall i l li bili i f d i h b l


been excessively delayed for reasons beyond the control of the Contractor. It is theContractor ’s responsibility to arrange for all Main Services Connections as necessary.

49.2 Completion of Outstanding Work and Remedying DefectsInsert the following Sub-Clauses after Sub-Clause 49.2(b);

(c) Carryout periodic and preventive maintenance as per relevant specification, manuals



and as the Engineer may, during the Defect Liability Period or within 14 days after itsexpiration, as a result of an inspection made by or on behalf of the Engineer prior to itsexpiration, instruct the Contractor to execute.

Insert the following after Sub-Clause 49.4:-

49.5 Temporary Reinstatement

Any work of temporary reinstatement to any road, structure, property or other landexpressly required by the Contract shall be considered to be a part of the Permanent Worksfor the purposes of this Clause and the Contractor's obligations and responsibilities under

the Contract shall extend in all respects to such works as if they were Permanent Worksuntil the expiry of the Defects Liability Period or until such time as possession of the area

in which such temporary reinstatement has been made is taken for the purposes of furtherworks under a separate contract, whichever is the earlier.

51.2 Instructions for Variations

In the first line of Sub-Clause 51.2 after the word "instruction" insert the words "in writing".


Upon receipt of such written instruction from the Engineer, the Contractor has anobligation to proceed with the relevant varied Works irrespective of the finalisation of itsvalue or time impact, which shall be assessed by the Engineer in accordance with the

Conditions of Contract without unreasonable delay. The varied works once instructed inwriting by the Engineer shall be treated and form part of the Contract Works to be

completed within the time for completion or any extended time thereof. The Contractorshall be held responsible for any delay in case of failure to comply with the instructed

varied works in timely manner awaiting its cost or time impact to be concluded.

52.1 Valuation of Variations


Wherever the Bill Of Quantities rates are used in the evaluation of variations the Contractorshall not be entitled for any overheads, profit, attendance or any other additional paymentother than the Bill of Quantities rate. Provided that the utilization of the Bills of Quantitiesrates shall be extended up to the expiry of Defects Liability Period in case this was found

necessary


will be considered unless such prior notification and fully detailed account in respect ofsuch claim has been duly and properly submitted to the Engineer.

54.3 Customs Clearance

Insert the following at the end of Sub-Clause 54.3 before the full stop:-"however this will not relieve the Contractor of any of his responsibilities in respect of this



however this will not relieve the Contractor of any of his responsibilities in respect of thisSub-Clause nor will it give rise to claims by the Contractor"

The Contractor shall be deemed to have included for payment of harbour and port fees,

wharfage, landings, pilotage, clearance, transport and all other duties on all plant andmaterials entering the UAE for the purposes of the Contract.

55.1 Quantities

Delete the text of the Sub-Clause 55.1in its entirety and substitute with the following:-a) The quantities set out in the Tender's Bills of Quantities whether by the Engineer or the

Contractor as the case may be are the estimated quantities of the work. However, theContractor shall be deemed to have checked the items and the quantities set out in the

Bill of Quantities and satisfied himself as to their accuracy and completeness and shall

follow the instructions in Tender documents in case of inaccuracies and/or missingitems as he considers necessary.

b) The rates in the Bills of Quantities shall be used for the evaluation of the InterimPayments and authorized Variations of the Works. However, the quantities of the

executed Works shall not be subject of re-measurement except those quantities markedin the Bills of Quantities as “Provisional Quantity”.

c) The Contractor shall not use the quantities in the Contract's Bills of Quantities forordering the required materials or in preparation of Clause 14.1 Program and shall be

fully responsible to determine the accurate quantities of materials in accordance withthe Contract drawings, specifications, and conditions of contract and the like enablinghim to complete the Contract Works.

d) The Contractor should have allowed, during the tender stage, for any items required forcompletion of the Contract Works but found missing in the Tender's Bills of Quantities.On the other hand, any discrepancy found in the quantities as given in the Tender'sBills of Quantities should be allowed for in the Adjustment Schedule appendedtherewith.

56.1

Works to be Measured


This is a Fixed Lump Sum Price Contract and shall not be subject to re-measurement excepthere specificall pro ided for in the Contract If the ork is aried b the Engineer onl


58.2 Use of provisional sum

Insert the following at the end of Sub-Clause 58.2(b):-

(c) The Employer/Engineer may tender the Provisional Sum Items directly and the selectedSubcontractor for the relevant Supply or Execution of specialist Works shall bedelegated via an Engineer's Instruction to the Contractor. The selected Subcontractor

shall thereafter be treated as "Domestic Subcontractor" in all terms regarding the



shall thereafter be treated as Domestic Subcontractor in all terms regarding thedischarge of his contractual obligations particularly in the execution of his part ofContract Works in accordance with the consented Program and all other obligations

that the Contractor has in the Main Contract save as the financial terms and conditionswhich are extensively addressed in Clause 59 of these Contract Conditions.

59.2 Nominated Subcontractors; Objection to Nomination

Insert the following after Sub-Clause 59.2(b):-(c) Unless notified otherwise by the Engineer, the Conditions of Subcontract will be FIDIC

Conditions of Subcontract works of Civil Engineering Construction (1st Edition 1994)

59.5 Certification of Payments of Nominated Subcontractors

Delete third paragraph of this clause, commencing with "the Employer shall be -----" andending with "-----Employer to the contractor." and substitute with the following;

The Engineer shall withhold any further Interim Payment Certificates pursuant to Sub-clause 60.1 of Contract Conditions till such time the Contractor submits reasonable proofs

pursuant to item (f) of the successive Sub-clause 60.1 that the amounts certified of all Nominated Subcontractors, less retention, in the previously received payments from the

Employer have been paid or discharged by the Contractor to these NominatedSubcontractors.

Alternatively the Employer shall be entitled to pay to such Subcontractor direct, upon thecertificate of the Engineer, all payments, less retentions, provided for in the subcontract,

which the Contractor has failed to make to such Subcontractor and to deduct by way of setoff the amount so paid by the Employer from any sums due or which may become due fromthe Employer to the Contractor.

60.1 Monthly Statements

Delete Sub-Clause 60.1(c) in its entirety.

Insert the following after Sub-Clause 60.1(e):-(f) With each monthly statement, in accordance with Sub-Clause 59.5 the Contractor must

provide reasonable proof that all payments to Nominated Subcontractors have been


Employer in accordance with the Contract documents to the satisfaction of the Engineer,and that the Works required by the Engineer’s snagging of the Works has been completed”.

60.4

Correction of CertificatesInsert the following at the end of Sub-Clause 60.4:-

The Employer may by any Interim Payment Certificate make any correction ordifi ti i i I t i P t C tifi t hi h h ll h b i d b



modification in any previous Interim Payment Certificate which shall have been issued bythe Engineer and shall be entitled to, if any work is not being carried out to his satisfaction,to omit or reduce the value of such work in any Interim Payment Certificate.

60.5 Statement at completion

Delete the words “Not later than 84 days after” and substitute with “After” in the first line. Insert at the end of Sub-Clause (a) “including all variation orders, actual expenditures of

Provisional Sums and Prime Cost items duly approved and signed by the Employer,Engineer and the Contractor.”

Insert the following after Sub-Clause 60.5 (c):-(d) Proof as Built Drawings, Operation & Maintenance Manuals have been submitted.

60.10 Time for Payment

In the fourth line of Sub-Clause 60.10, delete the words "within 28 days" and substitutewith the words "within the time stated in the Appendix to Tender".


60.11 Payment after Execution of the Contract Agreement

Notwithstanding the provisions of Sub-Clause 60.10, no payment, (with the exception of an

advance payment pursuant to Sub-Clause 60.12), shall be made by the Employer to theContractor until complete Contract Documents including the final Form of Agreement have been signed and executed by the parties, evidence of all the insurances as per contract has

been produced, the baseline programme has been submitted.

60.12 Advance Payment

Should the Contractor seek an advance payment, the amount thereof shall not exceed 10%

of the Contract's Lump Sum Price as appears in the Letter of Acceptance issued by theEmployer less the total amount of Provisional Sums and Day-works. The Contractor has to

submit to the Employer within (15) days from receipt of the Letter of Acceptance aconfirmed and unconditional Bank Guarantee of equivalent amount of Advance Payment in


then the whole outstanding amount of the Advance Payment shall immediately become dueand payable by the Contractor to the Employer.

65.3 Damage to Works by Special Risks

Delete Sub-Clause 65.3 in its entirety.



65.5 Increased Costs arising from Special Risks


65.8 Payment if Contract Terminated

Delete Sub-Clauses 65.8(d) and (f) in its entirety.

Insert the following at the end of Sub-Clause 65.8:-For avoidance of doubt, the Contractor shall not be entitled to compensation for any loss of profit in respect of work not executed, loss of income or revenue or opportunity or any

indirect or consequential losses.

67.3 Arbitration

In the second paragraph, second line of Sub-Clause 67.3, delete the words "Rules of

Conciliation and Arbitration of the International Chamber of Commerce" and substitutewith the words "Rules of the Dubai International Arbitration Centre".

Insert the following at the end of Sub-Clause 67.3:-If reference to a court is necessary the ruling court shall be the Dubai Civil Court. This

Agreement shall be construed under and in accordance with the laws of Dubai, United ArabEmirates and the parties hereto submit to the non-exclusive jurisdiction of the Courts of

Dubai, United Arab Emirates.

68.2 Notices to Employer and Engineer

Pursuant to Sub-Clause 68.2 of Part 1, all notices to be given to the Employer or to theEngineer under the terms of Contract shall unless otherwise advised be served by deliveringthe same to:

Employer: Dubai International Real EstateP.O. Box 29000,

Dubai, United Arab EmiratesTel: 04-3492222


“Such termination shall take effect if the Contractor has not received the amount of interim payment within 14 days after giving of the notice."

69.3 Payment on Termination:

Delete from the third line of the clause, commencing with "….but, in addition to thet " d di ith " f h t i ti " d



payments…….." and ending with "………….consequence of such termination." andsubstitute with the following;

“and payments shall be made as specified under Sub -Clause 65.8".

Insert the following after Sub-Clause 69.5:-69.6 Employer’s Entitlement to Terminate

The Employer shall be entitled to terminate the Contract, at any time for the Employer’sconvenience, by giving notice of such termination to the Contractor.

The termination shall take effect 14 days after the later of the dates on which the Contractor

receives such notice OR within the period defined in the termination letter from theContractor ’s receipt of the said letter .

After such termination, the Contractor shall proceed as if the contract had been terminatedunder provisions of Clause 65, and payments shall be made as specified under Sub-Clause63.2, 63.3 & 65.8.

70.1 Increase or Decrease of Cost

Delete Sub-Clause 70.1 in its entirety and substitute by the following;“ No adjustment to the Contract Price shall be made in respect of rise and fall in the cost of

labour and/or materials or any other matters affecting the cost of the execution of the worksexcept as aforesaid in Sub-Clause 65.5”.

70.2 Subsequent legislation


72.1 Rates of Exchange

Delete Sub-Clause 72.1 in its entirety.72.2 Currency Proportions


72 3 C i f P f P i i l S


b) Waterproofing: - The Contractor shall take full responsibility of the waterproofingworks and should furnish to the Employer with back-to-back guarantees with thewaterproofing Subcontractor and the material supplier towards all waterproofing works

in the Contract. The guarantees shall be for a period of 10 years for super structurewaterproofing and 20 years for sub structure waterproofing as specified in the relevantsection of the Specifications and such period shall start from the substantial completiondate of the whole of the Works or any section thereof as it appears in the Taking Over



date of the whole of the Works or any section thereof as it appears in the Taking Over

Certificate issued by the Engineer pursuant to Clause 48.1 of Contract Conditions.

c) The validity of all Warranties, Guarantees and the alike specified within the Contract

Documents is to commence from the issuance of the Taking Over Certificate.

73.2 Safety of the adjoining structure

The Contractor will be fully responsible of the safety of the adjoining structures.

73.3 Interference with Existing Works

The Contractor shall not interfere in any way with any existing Works whether the property

of the Employer or of a third party and whether the position of such Works is indicated tothe Contractor by the Engineer or not except where such interference is specifically

required under the Contract.

74.1 Land within Plot

a) The Employer will provide all land within plot, way leaves and easements for thePermanent Works and the Contractor may, where approved by the Engineer so far as

they are available, may use the same for temporary purposes.

b) Any extra land within plot, required for temporary purposes viz. workshops, work yards,

offices and storage of materials and plant, on the application of the Contractor pointingout such areas which may be used for these purposes, shall be approved by the Engineer.If in case, the Contractor eventually determines that the land provided within the plot, forsuch temporary purposes is inadequate, he shall apply to the Engineer giving details ofhis extra requirements. If such extra land within plot cannot be made freely available or if

the Contractor shall require any extra land, other than the Site plot, for the storage or preparation of materials or for other purposes in connection with the Works, he shall

make his own arrangement and provide it elsewhere at his own expenses.


b) Benefits to which a Worker or Subcontractor is entitled have not been received by oraccrued to that Worker or Subcontractor, then the Employer may withhold payment tothe Contractor of an amount which reasonably approximates the value of the benefits;

c)

A Subcontractor has failed to comply with his contractual obligation; then theEmployer might withhold payment to the Contractor of an amount equal to the amountdue to that Subcontractor.

d) In case the progress of Contract Works is extensively delayed that the maximum



d) In case the progress of Contract Works is extensively delayed that the maximum penalty stipulated in the Appendix to Tender is reached and the total of amounts paid by the Employer to the Contractor reaches 80% of Contract Price including allVariations and adjustment of Provisional Sum and Prime Cost items then the Employerreserves the right to withhold any further interim payments pursuant to Sub-Clause

60.10 to the Contractor.

76.1 Possession of Uncompleted Works

The Employer shall be at liberty at any time before the completion of the Works to take

possession of and use any part or parts of the Site or of uncompleted Works and in such case theContractor shall completely finish the said uncompleted part or parts of the Works as and when

the Engineer shall direct, whether before or after the respective prescribed time or times (if any)

for the completion of the Works and, if required by the Engineer, while the Employer is in possession of the said part or parts of the Site or Works. Provided always that if such possessionor occupation or use by the Employer interferes in the opinion of the Engineer with thecompletion of the said part or parts of the Works or the Works generally, due allowance shall bemade by the Engineer on approval by the Employer by way of extension of time under the provisions of Clause 44 hereof and he may exclude such part or parts of the Works from the

provisions as to time for completion of the Works and fix such time as he may think reasonablefor the completion of the said part or parts.

Should the Contractor be involved in extra expense by reason of the operation of thisClause, the amount of such expense will be certified by the Engineer on approval by the

Employer and paid to the Contractor by the Employer.

77.1 Boycott of Israel

The Contractor shall observe and abide by all rules and regulations in the United ArabEmirates concerning the boycott of Israel including, without limitation, United Arab

Emirates Law No. 15 of 1972 Re: The Boycott of Israel except insofar as such United ArabEmirates laws conflict with the laws of Contractor's (or its offices, as applicable) country oforganization.


forfeit his rights to any additional time or costs due to any subsequent Statutory Authorities

requirements.

79.1 Contractor Status

a) The Contractor in execution of his obligations under this contract will be considered asan independent Contractor and not as an agent or part of the Employer organization



an independent Contractor and not as an agent or part of the Employer organization. b) If the Contractor is a joint venture of two or more persons, all such persons shall be

jointly and severally bound to the Employer for the fulfilment of the terms of the

Contract and shall designate one of such persons to act as leader with authority to bindthe joint venture. The composition or the constitution of the joint venture shall not be

altered without the prior consent of the Employer.

80.1 Bribery

Any commission, advantage, gift, gratuity, reward or bribe given, promised or offered by or

on behalf of the Contractor or his agent or servant or any other person on his or their behalfto any officer, servant, representative or agent of the Employer or the Engineer or of the

Engineer's representative or to any person on their behalf or on behalf of any or them in

relation to the obtaining or the execution of this or of any other contract with the Employershall in addition to any criminal liability which may be thereby incurred, subject theContractor to the cancellation of this and all other contracts which he may have entered intowith the Employer and also to the payment of any loss or damage resulting from such

cancellation.

81.1 Decennial Liability

The Contractor shall be liable for the consequences of errors, omissions or negligence onhis part and in particular shall be liable for any defects in the construction of any part of theWorks where such defects are due to any error omission or negligence of the Contractor or

his staff provided that such defects become apparent during the period of ten years from theissue of the Taking Over Certificate or the part of the Works in question. The approval ofthe Engineer shall not in any way absolve or relieve the Contractor any such obligations,

responsibility or liability.

82.1 Indemnity to the Employer’s Officials and Engineer

The Contractor shall indemnify the Employer and every member, officer and employeethereof and the Engineer and the Engineer’s representative and every member of their staff


83.1 Photographs and Advertising

The Contractor shall not publish any photographs of the Works nor allow the Site or the

Works to be used for any form of advertising whatsoever without the prior approval inwriting of the Employer and subject to such Conditions as may be prescribed.

84.1 Adhere to Local Authority Regulations



84.1 Adhere to Local Authority Regulations

The Contractor shall be responsible under this Contract to liaise with all StatutoryAuthorities, such as, without being limited to Dubai Municipality, Dubai Civil Defense,Roads and Transport Authority, DEWA etc. to ensure that the work is carried out to their

latest regulations and rules regardless of the fact that the Engineer has already liaised withsuch Authorities prior to the award of this Contract. Failure of the Contractor to do so will

not entitle the Contractor to any extension of time for completion of the Works.

85.1 Maintenance of other Services and Structures

The Contractor shall ascertain by himself before commence the works the locations of all

watercourses, sewers, drains, gas pipes, water pipes, electricity and telecommunication

cables, other services and structures which may be encountered during the construction ofthe Works and not mentioned in the Contract. He shall temporarily support or divert andsubsequently reinstate all such services and structures as necessary and to the satisfaction of

the Engineer on his expense.

Where permanent diversion or support of such service or structure is rendered necessaryas the unavoidable result of the construction of the Works in accordance with the Contract,the Engineer after due consultation with the Employer will instruct the Contractor as to the

diversion or support to be provided and the Contractor shall be paid the costs thereof inaccordance with Clause 52.

86.1 Municipality Building Permit

The Engineer shall apply to and liaise with the Municipality for the mandatory permit toconstruct the works required in this Contract as a whole or part or for any variation to thework which has already received the mandatory permit. In case of variations initiated by

the Contractor, the Contractor shall prepare the revised drawings and submit to theEngineer for his further action.

The Contractor shall be responsible for the collection of the permit documentation from theM i i lit d ll f f thi ll ti ithi t ki d f


prescribed period of 14 days shall be deemed to be confirmation to the Engineer and theEmployer that the works required in this Contract have received mandatory MunicipalityBuilding Permit, relieving the Employer thereafter from any responsibility to liaise with the

Municipality for obtaining any permit in connection with the works required in theContract and from considering any claim by the Contractor for any extension of time oradditional payment due to extra work resulting from comments made in writing by theMunicipality on any of the documents of the Municipality Building Permit. However if the



changes and/or comments or special requirement found in the Building Permit documents,in the opinion of the Contractor, attract any additional cost which will be incurred by him,then the Contractor has to notify the Engineer pursuant to Clause 53 of these Conditions ofhis intention to claim for reimbursement of such additional costs. In case the Engineer

considers that these changes are of minor impact on the Contract Works, then theContractor shall be entitled solely to the related additional cost evaluated by the Engineer

in accordance with Clause 52 of these Conditions and no extension of time claim will beentertained against such changes.

87.1 Contractor's liability for good construction practice

The responsibility for meeting the requirements of these contract documents shall rest

entirely with the Contractor and he will be held liable for any failure to meet therequirements of good construction practice, notwithstanding any approvals by the Engineer,direct or indirect.

The Contractor will be held responsible for drawing to the attention of the Engineer, priorto construction, any matters in the contract drawings and documents which may affect the

Contractor's liability.

88.0 Special Tools, Commissioning Spares, Spare Parts and Other Items

88.1 Special Tools and Appliances

At least three weeks prior to the Contractor giving notice to the Engineer that theWorks are ready for taking over, the Contractor shall supply to the Employer one set

of any special tools and appliances necessary for the safe, efficient and complete

maintenance and overhaul of the Works. Such tools and appliances shall be new and

shall not have been used for installation purposes.

Any special tools and appliances not supplied in accordance with the above and

found to be necessary for maintenance or overhaul of the Works in the manner

aforesaid shall forthwith upon demand by the Employer or the Engineer be supplied

by the Contractor at his own Cost.


Not later than three months prior to the commencement of commissioning, the

Contractor shall provide to the Engineer a list of commissioning spares he intends to

supply.

All such commissioning spares not listed by the Contractor and found to be

necessary for such commissioning of any Section or Portion of the Works shall

forthwith upon demand by the Employer or the Engineer be supplied by the

C hi C hi h h ll i l d f h f i f i h h



Contractor at his own Cost, which shall include for the cost of air freight where

necessary to ensure that the delivery of such commissioning spares does not delay

the completion of any Section or Portion of the Works.

All surplus-commissioning spares shall be handed over to the Employer by theContractor without charge prior to the issue of the Defects Liability Certificate andshall become the property of the Employer.

88.3 Spare Parts

The Contractor has to deliver the recommended Spare Parts included in the Spare

Parts List given by the suppliers, those required for normal operation of the Plant to

expiry of the period of two years after issue of the Defects Liability Certificate

The item numbers given in the Spare Parts List are intended to be cross-referenced

with the Drawings and the operations and maintenance manuals.

The Contractor shall ensure that all proprietary equipment and parts are listed in such

manuals.

In respect of any Spare Parts provided to the Employer having a limited shelf life or

requiring special storage conditions, sufficient details of the shelf life and storageconditions shall be given to the Employer in writing at least eight weeks prior to

deliver to Site to enable the Employer to make arrangements for the correct storage

of such Spare Parts.

89.0 Employee Training

89.1 Secondment of Employer’s Staff

As and when requested by the Employer the Contractor shall allow the Employer to

second technical staff to the Contractor on Site. Such staff shall be in addition to the


89.2 Instruction and Training of Employer’s staff:

The Contractor shall be responsible for the instruction and training of the

Employer’s staff in the operation and maintenance of all plant and equipment

provided under the Contract in accordance with operating parameters approved by

the Employer.

N t l t th i th b f t f th i i i th



Not later than six months before commencement of the commissioning, the

Contractor shall prepare and submit to the Employer for approval an operations and

maintenance training program. The program shall include a description of the type of

instruction and training to be provided (for example, class room or on-the job) at the

Employer’s premises and (if applicable) at the Contractor’s premises. The Contractorshall modify the said program to incorporate the comments of the Employer and

reissue to the Employer. The program approved by the Employer shall be used to

provide instruction and training of the Employer’s operational and maintenance staff.

In the early phase of commissioning, the Contractor shall deliver key and support

training material extracted from the operations and maintenance manuals to be

provided by the Contractor as well as classroom instruction and on-the-job training

based on the approved program. The Employer will make a room available forinstruction purposes and qualified and competent instructors approved by the

Employer shall give all such instruction and training in the English language. The

Contractor’s instructors shall be involved solely in such instruction and training and

not in any other activities.

The Employer will provide the services of a qualified training coordinator tosupervise, direct, coordinate and monitor the delivery of the instruction and training

program.

90.1 Operating and Maintenance Instructions

Before the Works (or any Section thereof) are completed in accordance with Clause

48 hereof, the Contractor shall furnish to the Employer Operating and Maintenance

Instructions, together with As Built drawings of the Works, in sufficient details in

the opinion of the Engineer to enable the Employer to maintain, dismantle,

reassemble and adjust all parts of the Works. The Operating and Maintenance

Instructions shall comply with the Specification in respect of material to be

incorporated and shall be first submitted in draft for the approval of the Engineer.



SECTION 7

SCHEDULE OF ENGINEER’S RATES

(FOR OVERTIME & SUPERVISION)



_______________________________________________________________________________________

Engineer’s Overtime Rates



(As per Clause 45.1 of the Conditions of Contract)

PositionOvertime Rate Per Hour (X)

Dhs.Overtime Rate Per Hour (Y) Dhs.

Project Manager 250 285

Resident Engineer 220 250

Civil / Structural Engineer 140 160

Senior Electrical Engineer 150 170

Senior Mechanical Engineer 150 170Land Surveyor 85 100

Inspector (all disciplines) 80 92

Senior Quantity Surveyor 160 185

Junior Quantity Surveyor 110 125

Architect 140 160

Secretary 35 40

Note:

X = Any hours worked after 8 hours per day

Y = Any hours worked on Friday and Public Holidays



_______________________________________________________________________________________

Engineer’s Supervision Rates



(As per Clause 45.3 of the Conditions of Contract)

Position Rate Per Month Dhs.

Project Manager 50,000

Resident Engineer 46,000

Assistant Resident Engineer 34,000

Senior Architect 32,000

Senior Structural Engineer 32,000Architect 29,000

Structural/Civil Engineer 29,000

Civil Engineer & Finishes Inspector 17,000

Landscape Architect 28,000

Senior Mechanical Engineer 30,000

Senior Electrical Engineer 30,000

Mechanical Engineer (Inspector) 16,000

Electrical Engineer (Inspector) 16,000Planning Engineer 30,000

Utilities and Roads Engineer 30,000

Senior Safety Officer 30,000

Quality Control Engineer 26,000

Senior Quantity Surveyor 33,000

Quantity Surveyor 23,000

Land Surveyor 17,000

Document Controller 7,000Secretary 7,000

Driver/Office Boy 5,000

S i P j C di 32 000



SECTION 8

LIST OF DRAWINGS



APPENDICES



SPECIMEN OF DOCUMENTS



_______________________________________________________________________________________

APPENDIX A

FORM OF TENDER BOND

M/s. Dubai International Real Estate Date:P.O. Box 29000Dubai,



U.A.E.

Dear Sir,

Contract: JEWEL OF THE CREEK (JOC) PROJECT ON PLOT NO. 129-104 ATPORT SAEED, DUBAI, U.A.E. (PACKAGE 8: FIVE HOSPITALITY BUILDINGS,BALL-ROOM, MARINA & LANDSCAPE WORKS)

Subject: Our Tender Bond No………………… for AED.

At the request of Messrs. …………………………. (hereinafter called “the Tenderer”), P. O. Box

No. …………., Dubai, we hereby unconditionally agree to hold at your disposal the sum ofAED………………………….., U.A.E. Dirhams ……………………….. on the above Project, as aTender Bond. This Tender Bond shall be free of interest and payable in cash on your first writtendemand in the manner ordered, without the Tenderer or any person on his behalf or ourselveshaving the right to suspend or delay payment or to object thereto for any reason whatsoever.

This Tender Bond is valid for 90 calendar days from………………………………… {date oftender submittal} to ……. and renewable before expiry for a further 30 calendar days if requestedin writing by Dubai International Real Estate.

Should the Tenderer be notified of the acceptance of his Tender within these periods then thisTender Bond shall be automatically renewed until the Performance Securities required to befurnished pursuant to the Contract are finally submitted to the Employer.

This bond shall be returned to us upon its expiry or upon fulfilment of our undertaking whichever

is the earlier.

This Bond shall be construed and governed by the laws applicable in the Emirate of Dubai.

Yours faithfully



_______________________________________________________________________________________

APPENDIX B

FORM OF PERFORMANCE SECURITY




U.A.E.

Dear Sir,


Subject : Our Performance Security No. ………………. for AED ……………………

As Messrs ………………………………………………………………………………(hereinaftercalled “the Contractor”) have declared that their Tender for the above named Works has beenaccepted, we hereby undertake to hold at your disposal the sum of AED …………………… {infigures} U.A.E. Dirhams ………………………………………………

……………………………… {in words}, being 10% of the Contract Price, as a PerformanceSecurity. This Security shall be free of interest and payable in cash on your first written demand in

the manner ordered, without the Contractor or any person on his behalf or ourselves having theright to suspend or delay payment or to object thereto for any reason whatsoever.

This Security is valid from ……………….. (Contract commencement date) to ………………(estimated expiry of Defects Liability Period as per the Letter of Acceptance) and shall before

expiry, be automatically renewed until a Defects Liability Certificate has been issued or untiladvised by you that the contract has been fulfilled. No claim shall be made against this Securityafter the issue of the Defects Liability Certificate.

This Bond shall be construed and governed by the laws applicable in the Emirate of Dubai.

Yours faithfully,

{Authorized Signature {Authorized Signatured B k S l} d B k S l}



_______________________________________________________________________________________

APPENDIX C

FORM OF ADVANCE PAYMENT GUARANTEE

M/s. Dubai International Real Estate Date:P.O. Box 29000Dubai, U.A.E.

Dear Sir,



Subject: Our Advance Payment Guarantee No. ………………..for AED………..

Contract: JEWEL OF THE CREEK (JOC) PROJECT ON PLOT NO. 129-104 AT

PORT SAEED, DUBAI, U.A.E. (PACKAGE 8: FIVE HOSPITALITY BUILDINGS,BALL-ROOM, MARINA & LANDSCAPE WORKS)

As M/s. …………………………………………………………………………………………

(hereinafter called “Contractor”) has been awarded a contract (Jewel of the Creek (JOC) Project on

Plot No. 129-104 at Port Saeed, Dubai, U.A.E - Package 8: Five Hospitality Buildings, Ball-room,

Marina & Landscape Works) for the value of AED…………………..{in figures} (U.A.E. Dirhams

………………….… …………………..….……….. {in words} and in consideration of M/s. DubaiInternational Real Estate (together with Successors in title and assigns) making an Advance

Payment of AED…………………………….../- {in figures} (U.A.E.

Dirhams………………………………………………………………………………………………

………{in words} to the Contractor, we …………………..hereby undertake to hold at your

disposal the sum of AED…………………………….../- {in figures} (U.A.E. Dirhams

……………………….............……………….…………………{in words} as a Bank Guarantee.

This Guarantee shall be free of interest and payable, without any reference to or contestation fromthe Contractor or any person on his behalf or ourselves having the right to suspend or delay

payment or to object thereto for any reason whatsoever, on your written demand(s).

This guarantee shall become operative only upon receipt of AED……………….{in figures}

(U.A.E. Dirhams……………………………………………………………{in words} into Account

No……………………….of the Contractor maintained with us at …………….(Bank name).

It is understood that our liability towards you will be progressively reduced by the amount repaid to

you by the Contractor as indicated within the Engineer’s Payment Certificates issued by the

Engineer.



_______________________________________________________________________________________

APPENDIX D

STATEMENT & ATTESTATION OF SITE VISIT




U.A.E.

Dear Sir,


We hereby confirm that we have visited the Site and have examined its physical environmentincluding its hydrological and currently completed work conditions and familiarized ourselves withthe site conditions and activities including but not limited to the following:

1. Entry/Exit points and Traffic Limitations.

2. Embedded Steel Sections in Raft and Tower Crane Locations.

3. Temporary Walls (One inside the Inner Creek and the 2nd at edge of quay wall) Floating

Bridge side, these are to be demolished upon completion.

4. LPG Tank Location.

5. Power Supply upon energizing of substation, water supply and drainage.

6. The Employer & Consultant Site Offices, Furniture and IT Equipment.7. Sheet piles (cofferdam) as temporary closure of the Inner Creek and dewatering

submersible pumps.

8. Dowels for Package 8 buildings which require demolish of concrete protection and

sandblasting for the removal of protection coat.

9. Proximity of creek water which upon the removal of main cofferdam, the water will be in

touch of quay walls therefore limiting the area for site operations.

10. Existing Site Offices & Stores of ABRA Substation Contractor M/s SIEMENS Pakistan,which will be cleared out probably during 2014.

11. Quick tour in the underground basements to familiarize ourselves of the executed basement



_______________________________________________________________________________________

From: ………………………………………………………... ………………………………………………………… …………………………………………………………

…………………………………………………………

Signed………………………………………………...…..…………………………………………

Duly authorized to sign for and on behalf of;



Duly authorized to sign for and on behalf of;

…………………….…………………………………………………………………………………..

{Company Name and Address}

Dated…………………………………………………..Company

Seal…………………………………..



APPENDIX E

Layout of Employer’s/Engineer’s Site Offices,

Furniture and IT Equipment

















PREAMBLES


__________________________________________________________________________________________

CONTENTS

INDEX

SECTION 1 - GENERAL PRINCIPLES

1.1 Generally1.2 Methods of Measurement

1.3 Pricing

1.4 Adjustment, Discount and Additional Items

1.5 Employer Supplied Material and Fix Only Items

1 6 Supply Only Items



1.6 Supply Only Items

1.7 Provisional Sums

1.8 Nominated Sub-Contractors1.9 Nominated Suppliers

1.10 Financial Adjustment of Provisional Sums and PC Rate Items

1.11 Provisional Quantities

1.12 Abbreviations and Definitions

1.13 Basis of Interim Payments

1.14 Variations

SECTION 2 - PRELIMINARIES AND GENERAL REQUIREMENTS

SECTION 3 - SITE WORKS

SECTION 4 - CONCRETE WORK

SECTION 5 - MASONRY

SECTION 6 - METAL WORKS

SECTION 7 - WOODWORK

SECTION 8 - THERMAL AND MOISTURE PROTECTIONSECTION 9 - DOORS AND WINDOWS

SECTION 10 - FINISHES

SECTION 11 - FITTING, FIXTURES AND ACCESSORIES

SECTION 12 - EQUIPMENT

SECTION 13 - FURNISHINGS

SECTION 14 - SPECIAL CONSTRUCTION

SECTION 15 - CONVEYING SYSTEMSECTION 16 - MECHANICAL WORK

SECTION 17 - ELECTRICAL WORK


__________________________________________________________________________________________

SECTION 1 – GENERAL PRINCIPLES

1.1 GENERALLY

1.1.1

This contract shall be fully inclusive; a Fixed Lump Sum Price Contract as stated in the Form of Tender

and no re-measurement of quantity will be carried unless stated as “Provisional Quantity” in the Tender’sBOQ. The contract shall include for all required design, to the extent required in the Tender Documents,supply of all required materials and equipment, construction, erection, installation, testing andcommissioning, snagging, de-snagging, handing over, carryout preventative and periodic maintenance and

remedy all defects during the Defect Liability Period, of the complete project and the completed functionalinstallation, all in accordance with the Tender Documents and to the complete satisfaction of theEmployer/Engineer.



1.1.2

The descriptions contained in the Bills of Quantities for all items are not necessarily complete, as they are

indicative and provided for information only. The Tenderers are to satisfy themselves with respect to thequantities, items and scope of work involved with the Tender. The Tenderer shall also refer to theConditions of the Contract and other Tender Documents such as; but not limited to, Specifications,Drawings, Instruction to Tenderers, Scope of Works, any Addendums or Circulars issued by the Engineer

during Tender’s period and relevant International Standards, Codes of Practice and latest Local Authoritiesrequirement ...etc. for further information, as no claim or variation will be considered on account of theTenderer ’s failure to do so. The Bills of Quantities herein, including all notes and instructions, form an

integral part of the Contract Documents.

1.1.3

The successful Tenderer shall not use the Tender/Contract Bills of Quantities as the basis in the

preparation of construction program or for the purposes of ordering materials or arranging Sub-Contracts.The references for these activities shall be the Drawings, Specifications and all other Tender Documents.

1.1.4 The quantities mentioned against all items in the Bill of Quantities are estimated net quantities in relationto the respective contract works and are given for the purpose of Tender evaluation. The Tenderer shall bedeemed to have checked and verified the accuracies of all such quantities during the compilation of his

Fixed Lump Sum Price prior to the submission of his Tender. Upon award of the Contract, the priced Billof Quantities shall be solely utilized for evaluating Interim Payments of the Contractor and as a scheduleof rates, if found applicable by the Engineer for the evaluation of authorized and instructed Variations(additions or omissions).

1.1.5

A price or rate is to be entered against each item in the Bills of Quantities and the Day-work Schedule andany item left un-priced will be deemed to have been included by the Tenderer in the rates or other priced

items elsewhere in the Bill of Quantities.

1.1.6

The Tenderer shall satisfy himself as to the meaning of every item in the Bill of Quantities, and the ratesand prices inserted by him will be deemed to cover all his obligations under the Contract and all mattersand things necessary for the proper construction and completion of the Works including, but not by way oflimitation, all temporary work required (including temporary works that may be required by all sub-

contractors nominated or otherwise). The prices shall include for all materials and labour and for the

provision and use of all plant - mechanical or non-mechanical required for the expeditious carrying out ofthe Works in their proper sequence for shifting, altering and adapting such temporary work and plant as

may be required during the progress of the Works and removing at completion and making good anyf di b d


Tender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works __________________________________________________________________________________________

1.1.11

These pricing preambles are to be read in conjunction with the item description in the Bill of Quantities.Provided that Pricing Preambles and specifications shall apply reciprocally between sections of the wholeworks unless otherwise described.

1.1.12

Items in this Preamble Section of these BOQ are deemed to qualify and to form part of every description

of measured work to which they refer including composite description. Any discrepancies arising in terms

of these ‘Preambles’ and the items contained within the Bill of Quantities must be brought to the attentionof the Employer/Engineer for clarification prior to submission of Tender.

1.1.13

Each item in the Tender’s BOQ shall be priced separately. Aspects of the work item for which no separate price or rate is listed shall be deemed to be included within the rates or prices of other items of the Bills of

Quantities and the work ascribed to that item shall be executed by the Contractor without any additional payment. In the event that the Tenderer shall consider that any item included in his obligation and Scopeof Works but found missing in the Bill of Quantities then such missing item shall be added at the end of



of Works but found missing in the Bill of Quantities, then such missing item shall be added at the end ofeach section/Bill in the BOQ.

1.1.14

No amendment whatsoever shall be made by the Tenderer to these Bills of Quantities particularly‘Changing/Rectifying’ any quantity or considering that any item of the Tender’s work as “Excluded” since

this is a Fixed Lump Sum Price Tender . Any discrepancies in quantities found by the Tenderer shall beaddressed as per “Volume I - Instruction to tenderers, Clause 8”.

1.1.15 Any reference in the Tender Documents to the “Tenderer/Contractor ” shall be interpreted as the successfulTenderer who shall become the “Contractor ” following the award of Contract to him.

1.2

METHOD OF MEASUREMENT

1.2.1 The Bills of Quantities have been measured in accordance with the Rules of the “Principles ofMeasurement (International) for works of construction dated June 1979”. Whenever the method ofmeasurement for certain items is modified, it is stated in this Preamble Section.

1.2.2

All measurements are net as fixed in position and the rates shall include for all laps, waste, working spaceand trade or traditional allowances that are not shown in the drawings.

1.2.3

Unless otherwise described or measured separately, prices for all items shall include for all necessarystraight, raking or circular cutting.

1.2.4

Building paper, damp proof membrane, quilts and all non-rigid sheet materials shall include cutting orforming holes and notching and the extra labour of turning up at edges and the like.

1.2.5

Holes, mortices, pockets, grooves, chases and the like and items described as "built in" and "cast in" shall

include making in its fullest sense and through, around, into, over and up to the items concerned.

1.2.6

Items described as "cut" shall include general making good similarly.

1.2.7

Generally in setting down dimensions in the Bills of Quantities, the sequence is length - width -height. Allmeasurements have been taken up or down to the nearest meter (or other units), and where exactly half

meter (or other units), measurements have been taken up.

1.3 PRICING



1.3.4

The rates and sums inserted in the Bills of Quantities are deemed to include all obligations to bedischarged by the contractor to execute the contract works as per Tender/Contract documents such as butnot limited to; labour wages, materials, plant and equipment, handling, wastage, storage, workmanship,

shop drawings, as built drawings, testing and commissioning, compliance with the Conditions of Contract,guarantee, warranty, insurances and including all taxes, duties, charges, all government levies, landing

charges, transport, profits and overheads and all incidental cost to complete the works.1.3.5

Lump sums shall not be given where unit rates are applicable and the Tenderer shall ensure that identicalitems occurring in separate bills are not priced at different rates, otherwise the lower rates shall be utilisedin the evaluation of any authorized variation.

1.3.6 Where the word “allow” or “Allow” is used, all cost, including the item cost and any other cost inconnection thereto, shall be the responsibility of the Contractor.

1 3 7 Th f l T d /C h ll b i h P i A l i S h d l f “T d S ” i h f ll



1.3.7 The successful Tenderer/Contractor shall submit the Price Analysis Schedule of “Tender Sum” with a fulland detailed rate breakdown of all the BOQ items within 48 hours of being requested to do so. The

breakdown is to show the actual calculations of the General Requirements, Labour, Plant and Materialscosts for the Works, the build-up of measured rates with on-costs and overheads and any other allowances

used to arrive at the Tender ’s Price.

1.3.8

The rates inserted by the Tenderer in the “Day-work Schedule” shall be similar to the rates used by the

Tenderer in making up the rates of Work items in all Parts of the BOQ.

1.3.9 The Tenderer is obliged to provide, at the Employer or Engineer’s request, his percentages for Overheadsand Profits applied to each unit rate to substantiate the build-up of his rates.

1.4 ADJUSTMENT, DISCOUNT AND ADDITIONAL ITEMS

1.4.1

Any discrepancies in “Quantities” shall be listed by the Tenderer within the “Bill for Adjustments” within

the Tender’s BOQ during the tender submission. Any such adjustments as defined and noted by theTenderer shall be incorporated in the Final Contract Bill of Quantities to arrive at the Contract sum asfinally justified and agreed between the Employer/Engineer and Tenderer/Contractor.

1.4.2

The adjustment amount in the form of ‘Discount’ (if any), inserted within the Grand Summary of thetendered Bill of Quantities and/or in any other form of formal correspondence, shall be applied to all items

of the Works excluding; Provisional Sums and Prime Cost (PC Rates) and the Contingencies Amount, ifany, to arrive at the Contract Sum as finally justified and agreed between the Employer andTenderer/Contractor. However, the same percentage of Discount/Adjustment Amount shall be applied to

the “Difference” between the “Selling Rate” in the Tender’s BOQ and the PC Rate thereof.

1.4.3

The Contract shall only be signed following the inclusion of the adjusted rates, sums and the contractor

shall submit and finalize the Contract’s Bill of Quantities based on the “Adjusted Rates”. Evaluation ofInterim Payment Applications and variations shall be based on these adjusted rates and sums in thecontract.

1.5

EMPLOYERS SUPPLIED MATERIAL AND FIX ONLY ITEMS

1 5 1 The expression “Employer Supplied Materials” shall mean the items or equipment other than those



(iii)

Preparation and submission of “Method Statements” and “Schedule of Quantities” required to befixed and considering wastage, spare material, including responsibility for dimensions sizes etc.

(iv)

Receiving samples and obtaining Engineer’s approval for fixing details;

(v) Supply full size template, taking delivery of such materials on site, immediate check and report onthe condition of same, unloading, labelling each and every item to identify the make, protection;

(vi)

Use of Scaffolding, Plant, Equipment and Tools…etc;

(vii)

Any additional labour associated usually with measurement of the Works;

(viii)

Responsibility for accurately markings on site its type and locations for fixing, storing, maintaininginventory of materials received and issued, handling, loading, transporting from site store, hoisting,

distributing to various positions, assembling as necessary, all fixings, screws etc. cutting, fixing,casing up, protecting goods, builders work and finally cleaning, oiling if applicable, adjusting,testing, commissioning and leaving in perfect order until the end of Defects Liability Period;



g, g g p y ;

(ix)

Full cost of replacement of any goods/materials/items which are damaged, broken, lost or stolen after

the receipt of the items until handing over the completed works;1.5.4

The “Fix only” rates shall also include for the protection of goods on site, re placement costs of breakages,

wastage or losses that may occur after the receipt of materials by the Contractor and which are not covered by the Employer’s supplier of such equipment/materials under the suppliers warranty/guarantee obligations.

1.6

SUPPLY ONLY ITEMS

1.6.1 The expression “Supply only” used in these Bill of Quantities means that the Contractor is to provide foreverything as defined in Clause GP 4.1 of POM (I) in connection with such items. All such items are to bedelivered to site and stored by the Contractor in accordance with the Engineer’s instructions.

1.7 PROVISIONAL SUMS

1.7.1

The Provisional Sums in the Tender’s Bill of Quantities are those amounts allowed for and shall beexpended against either “Specialist Subcontract Works” to be carried out by Nominated Subcontractors

selected by the Engineer/Employer such as, without being limited to; MEP Works, Aluminium & GlazingWorks, Interior Décor Works, Conveying Systems and the like…etc. OR against “Supply only” of certainMaterials and Equipment required for its incorporation in the Contract Works to be supplied by specialistsuppliers selected by the Engineer/Employer such as, without being limited to, Sanitary Fittings &Accessories, Light Fittings, AC Equipment, AC Chillier, Cooling Towers and the like…etc. whereas itsfixing, installation, testing and commissioning and maintenance…etc. are covered elsewhere in theTender’s Bills of Quantities.

In the event of any Provisional Sum being omitted, in whole or in part, the Contractor shall have no claimfor loss of any profit or contribution due to the omission of the Provisional Sum or the scope of workscovered by the Provisional Sum.

1.8 NOMINATED SUBCONTRACTORS

1.8.1 Definition



Works detailed in the Engineer’s Instruction. The selected Specialist Contractor following the“Nomination” shall be treated as a “Domestic Sub contractor” in the execution of Contract Works in

accordance with the consented Program of Works and all other obligations that the Contractor has in theMain Contract save as the financial terms and conditions extensively addressed in Clause 59 of theConditions of Contract.

1.8.3 Attendances, Facilities, Assistance and Obligations of the Contractor

Against the amount inserted by the Tenderer/Contractor towards each Provisional Sum in the Tender’sBills of Quantities (Attendances, Builder’s Works, Overheads & Profits) the following attendances,facilities, assistances and liabilities, without being limited to, be the responsibility of the Contractor andshall be provided to the Nominated Subcontractor(s):

(i)

Providing “Space” for the NSC’s Site Office and Stores, if required, with provisions for necessaryservices such as water electricity drainage and chargeable Telephones & Internet



services such as water, electricity, drainage and chargeable Telephones & Internet.

(ii)

Use of Tower cranes, Hoists, scaffolding (except special scaffolding) and construction plant…etc.

(iii) Assisting the NSC in offloading his materials and equipment.

(iv)

Assisting the NSC in the distribution of his equipment, materials and workforce by using the

hauling facilities, lifting hoists, tower cranes and the like…etc.

(v)

Providing the NSC, free of charge, of potable water, water for the works, and electric power…etc.

(vi) Utilization of Contractor’s Site facilities such as, without being limited to, urinals, toilets, washareas, prayer room, mess rooms and the like…etc.

(vii)

Clearance of the NSC debris from site which is kept at the instructed locations designated by theContractor.

(viii)

Close co-ordination and liaison with the Nominated Sub Contractor (NSC) prior to any submission

of without being limited to: programme of works, work shop drawings, builders work drawings, as built drawings, material submittals, claims for cost variance (omissions or additions), methodstatements, proof of previously certified and paid amounts, inspection requests, testing and

commissioning, guarantees and warrantees and the like ….etc.

(ix)

Carryout all the builders works required for the NSC Works such as, without being limited to,

fixing of sleeves, preparation of templates, cutting, chiselling and making opening in floors, wallsand ceilings, up-stands & foundations, waterproofing and protection of the completed works…etc.

(x) Deploy competent staff/specialist(s) for the proper implementation of Quality Assurance/ QualityControl (QA/QC) plans.

(xi)

Provide the Engineer and the Employer with complete copies of all NSC Agreements including allcopies of Engineer’s Instruction, exchanged correspondence, quotations, tender documents,drawings, specifications and bills of quantities…etc. in brief full and comprehensive copy of the

NSC Agreements.

(xii)

Providing Working Space.

1.8.4 Liabilities & Obligations of the Nominated Subcontractor (NSC)



(v)

In case the NSC needs a site office, then he shall at his own expense utilize the “Space &Provisions” allocated by the Contractor for this purpose to provide the said site office.

(vi)

Shall prepare all the required “Schedules of Quantities” for certain materials covered underProvisional Sum in the Contract such as, without being limited to, AC Equipment, Sanitary Fittings

& Accessories, Light Fittings, TV’s…etc.

(vii)

Preparation and submission through the Contractor to the Engineer of all required documents

during the execution of the Works such as, without being limited to, workshop drawings, buildersdrawings, as built drawings, materials submittal forms, requests for information, inspection andtesting requests, , guarantees and warrantees…etc.

(viii)

Liaise with the Contractor for the timely use of scaffolding, tower cranes and hoists…etc.

(ix)

Strictly respect and follow the Contractor’s working hours and the Quality Plan measures, Health



and safety policies including the use of uniforms, helmets, safety shoes, protection against fire

hazards and cleanliness of site…etc. (x)

Engagement of only competent engineers, supervisors, foremen, skilled labourers, administrativeand document controller staff…etc.

(xi)

Submission in timely manner of his interim/monthly statements for payments before the cut-offdate, claims for cost variance (savings or additional costs).

(xii)

Install all special scaffolding required by him in the execution of his works.

(xiii)

Taking from stores, distributing, hoisting and placing in position, all items of plant, equipment and

materials required by him in the execution of his works.(xiv)

Provide all labour, plant…etc. (other than included in attendances to be provided by the contractor).

1.9 NOMINATED SUPPLIERS

1.9.1 Definition

This definition applies to all “Nominated Suppliers” selected by the Employer/Engineer for the supply of

specific “Item” required in the execution of the Contract Works and allowed for under Provisional Sumsin the Bill of quantities such as, without being limited to, AC Chillers & Equipment, Cooling Towers,Sanitary Fittings & Accessories, Light Fittings… etc in addition to certain materials described in theTender’s Bills of Quantities under “PC Rate Items” such as Ceramic Tiles, Granite Tiles, False Ceilings,Marble for Floors or Cladding, and Thresholds…etc.

1.9.2 Contractual “Status and Obligations”

The Employer and the Engineer shall select the specialist supplier to supply certain Materials OR

Equipment covered under Provisional Sums OR described under “PC Rate” items in the Tender’s Bills ofQuantities. R elevant Engineer’s Instruction shall be issued to the Contractor providing him with all related

particulars enabling him to enter into a Supply Agreement with the Nominated Supplier to supply thet i l i t d t il d i th E i ’ I t ti



from various specified suppliers, placing the order, advance payments, issuing LPO’s, Letter of Credits,PDC’s...etc.

1.9.3 Contractor’s obligations towards Nominated Suppliers

Against the amount inserted by the Tenderer/Contractor towards each Provisional Sum in the Tender’s

Bills of Quantities (Attendances, Overheads & Profits) or PC Rate in the Bills of Quantities, the following

attendances, facilities, assistances and liabilities, without being limited to, be the responsibility of theContractor and shall be provided to the Nominated Supplier(s):

(i)

Signing a subcontract agreement with the nominated supplier as instructed by the Engineer for thesupply of specific items required for the Contract works.

(ii)

Full copies of ALL such supply agreements with nominated suppliers shall be forwarded by theContractor to the Engineer and the Employer.

(iii) Th T d /C h ll ll i hi T d ’ Fi d L S P i f (



(iii)

The Tenderer/Contractor shall allow in his Tender’s Fixed Lump Sum Price for any payment means (

mode of payment) to the nominated suppliers as instructed by the Engineer such as, without beinglimited to, opening Letter of Credits & LPO’s and PDC’s.

(iv)

The Tenderer shall also allow for taking delivery, unloading, checking and storing the supplied

materials properly.

(v)

Be responsible for all accidental damages, lost or stolen and wastage.

1.9.4 Liabilities & Obligations of the Nominated Suppliers

The Nominated Supplier shall strictly comply with the following liabilities and obligations.

(i)

To enter into an agreement with the Contractor following nomination by the Engineer/Employer.

(ii)

Co-ordinate with the Contractor to finalize and deliver the actual quantities required to complete theContract Works.

(iii)

Deliver the ordered materials to the Site as per the agreed schedule to meet the Contractor’s programme for completion of the works.

(iv)

Provide guarantees and warrantees as required under the Main Contract.

(v)

Comply with the Main Contract Conditions and other obligations related to the supply of materials.(vi)

Supply materials strictly in accordance with the Project specifications and approved samples.

(vii)

Advise the Contractor regarding the proper method for storage of materials and installation.

(viii)

Replace any materials damaged, before receipt of the same by the contractor, without causing anydelay to the project.

(ix)

Provide guidance and/ or supervision to the Contractor regarding assembly and/ or installation ofsupplied materials if necessary.

(x)

Provide the data sheet and any other necessary information (such as weight, dimensions... etc.) ofthe materials to be supplied to the Contractor for co-ordination and construction of necessary

support structures.



1.10.2

Adjustment of the Amounts related to PC Rate items in the Contract

The following parameters shall be adopted in the evaluation of adjustment of amounts inserted by theTenderer against PC Rate items:

1.10.2.1

All quantities against PC Rate items in the Contract are “Provisional Quantities". The Contractor’sentitlement shall be based on quantities executed as per Issued For Construction drawings by theEngineer.

However it is to be noted that the amounts to be omitted related to PC Rate items in the adjustment process shall be based on the quantity in the Contract Drawings and not the quantity inserted in theContract Bills of Quantities.

1 10 2 2 N S lli R t h ll b t bli h d b d th t l h t i t t d b th E i



1.10.2.2 New Selling Rates shall be established based on the actual purchase rates as instructed by the Engineer as per the simple formula hereunder:

New Selling Rate = Selling Rate in the Contract BOQ – PC Rate + Actual Purchase Rate.

1.10.2.3 From the given formula above it is evident that the new selling rate is solely based on the difference

between PC Rate and Actual Purchase Rate and accordingly no adjustment shall be considered towards,without being limited to wastage, fixing costs, fixing materials, loading and off-loading and theContractor’s Overheads & Profits.. etc in establishment of the “New Selling Rate” which shall be the backbone of Contractor’s entitlement.

1.10.2.4 Accordingly and to eliminate any doubts, the following adjustment steps shall be followed:

Amount to be omitted =

Selling Rate inserted by the Tenderer X Quantity as per the Contract Drawings.

Amount to be added =

Selling Rate as per 1.10.2.2 X Executed Quantity as per Issued For Construction Drawings.

1.11 PROVISIONAL QUANTITIES

1.11.1

Where certain items in the Bills of Quantities are described as “Provisional Quantity”, then the quantity

of such item/work shall be re-measured upon completion of the works as executed in accordance with theIssued For Construction Drawings by the Engineer and method of measurements given in this “PricingPreambles”.

1.11.2 In case an item described as “Provisional Quantity” in the Tender’s BOQ is omitted in whole, then theamount of Cost Saving that the Employer is entitled for shall be determined from the following formula:

Amount of Cost Saving = Selling Rate X Quantity measured from the Contract Drawings.



AED. = United Arab Emirates Dirham/s

Item = composite measurement (all inclusive)Rate = price per unitHr. = Hour

Min., min. = MinimumQty. = Quantity

BoQ, BOQ = Bill of Quantity (with price or without price)CoC = Conditions of ContractSpec. = SpecificationsDrg., drg. = DrawingsL = Length

H = HeightW = WidthP. C. = Prime Cost, Provisional Cost



P.S. = Provisional Sum amount

Prov. Sum. = Provisional Sum amount NSC = Nominated Sub ContractorO.H.P = Over Heads and Profits

Dia., dia. = DiameterE.O. = Extra OverL.S., LS, L/S = Lump-sum

Thk. = thick, thicknessCont’d = continued= = equal to

< = Less than> = Greater than< = Less than or equal to> = Greater than or equal to

Approved = means approved by approval of the Engineer in writingIn writing = above shall also mean verbally later confirmed in writing.DEWA = Dubai Electricity and Water Authority.

LA = Local Authorities.CD = Civil Defence.

1.12.2

"Approved", "Directed", "Selected" and similar expressions shall relate to the Employer/Engineer ’s decisions. Where a description refers the Tenderer to these expressions, the rate shall include for suitablequality materials and workmanship to a standard consistent with the Contract;

1.12.3

"Falls", "Slopes", "Weathered" shall relate to item descriptions inclined from the horizontal in one plane.

1.12.4

"Cross -Falls", "Cross Slopes", "Cross Weathered" shall relate to item descriptions inclined from the

horizontal in more than one plane.

1.13

BASIS OF INTERIM PAYMENTS

1.13.1

For items listed in Bill of Quantities, measured in terms of “no, m, m 2, m3, etc.”, interim payment shall beevaluated based on same units quantities and unit rate quoted against quantity and the cumulative



1.14 VARIATIONS

1.14.1

Any authorized Variation works shall be valued in accordance with Clause 52.1 of the Conditions of theContract.

1.14.2

Tenderer to price the rates considering that, any item may be fully or partially deleted by the Employer, or

there may be increase or decrease in quantity. The Contractor shall not be entitled for payment of any

Overheads and Profits towards omitted Work/Item of the BOQ.

1.14.3 The Tenderer to allow for all relevant and associated works and services which deemed necessary tocomplete the works as described within the Tender Documents, as no variation/claim will be entertained incase of disregarding, ignoring or failure to comply with such consideration.

1.14.4

All variation claims shall be properly substantiated with quantities, relevant drawings, rate analysis etc tothe satisfaction of the Engineer.

1 14 5 For variation works which is not of similar specification to any item in the Tender/Contract’s BOQ the



1.14.5

For variation works which is not of similar specification to any item in the Tender/Contract s BOQ theamount of such variation shall be evaluated by the Engineer in accordance with the Contract Conditions.

All such variations shall be substantiated by detailed breakdown of quantities, labour cost, and cost ofmaterials, equipment, and subcontractor (At least 3 quotations should be submitted). The Contractor shall be entitled to the Percentage of Overheads and Profits over and above the evaluated costs as stipulated inthe Appendix to the Form of Tender and Conditions of Contract.

SECTION 2 – PRELIMINARIES AND GENERAL REQUIREMENTS

2.1

GENERALLY

2.1.1

The Tenderers to be aware that there are many items installed and exist on site related to ‘Temporary Sitefacilities, Employers/Engineers Office facilities, Office furniture and equipment etc. The successful

Tenderer to allow for maintenance towards these items (Refer to "Volume 1-Appendix E" for list of itemsexisting on site). The Tenderer to visit site to familiarize with the conditions and specification of theseexisting items.

2.1.2

Preliminaries are applicable to the whole of the works during the Construction period and the Tenderershall include in his tender sum for the preliminaries specified herein and in conjunction withSpecifications, Drawings and Contract Conditions.

2.1.3

Each Item, Clause or Sub-clause contained herein must be individually priced. The tenderer shall not enterany lump sum covering more than one or all items, clauses or sub clauses. Where any item, clause, subclause of the preliminaries has not been priced, it will be deemed that the value of such items, clause orsub clause are included in the rates/amount for priced items elsewhere in the Bill of Quantities and withinthe contract.

2.1.4

Co-ordination, Setting out and Implementing the temporary/permanent works to provide for a completeinstallation, hence, any error in the description of an item in the Bill of Quantities or omission there from

shall not vitiate the Contract nor release the Contractor from the execution of the whole or any part of theworks according to the Drawings and Specification or from any of his obligations or liabilities under theContract. Any such error or omission shall be brought to the notice of the Employer/Engineer by the

Tenderer before submitting his tender.



2.1.9

Payment for the ‘Removal, Demobilization’ of items shall be lump sum which shall be paid only after thecompletion of their removal and reinstating site to its original state or as specified.

2.1.10

Items for which the measurement unit is in ‘days’, such items shall be measured for the actual period forwhich facilities, services, etc, are provided in accordance with the construction programme and/or as per

progress of the permanent works. Measurement will commence only after the completion of the

Mobilization period and on the day as approved by the Engineer in agreement for the facilities, services,etc, when fully provided.

2.1.11

The payment entitlement as stipulated in Section -2.1 can be suspended, reduced or deleted from anyContract Payment, if in the opinion of the Engineer; the Contractor is not fulfilling his obligations as

prescribed in the Tender/Contract documents.

2.2 GENERAL OBLIGATIONS

2 2 1 Al f V l II A S ifi i Di i i 01000 G l R i f bli i l



2.2.1 Also refer to Volume II A-Specification-Division 01000 – General Requirements for obligations relevant

to Restrictions, Contractor’s Administrative Arrangements, Constructional Plant, Employer’s SiteFacilities, Contractor’s Facilities, Temporary Works and Sundries…etc;

2.2.2 The Contractor shall be responsible for coordinating all builders work drawing and working drawingsincluding that of Sub-contractors, statutory undertakings, Contractors or other employed direct inconnection with the works so that each may be installed in such a manner so as to ensure proper

performance and adequate fixing to the structure and to avoid conflicts in the positioning of the variousducts, pipes, cables, other items of services installations and other like items.

2.3 OBLIGATIONS RELEVANT TO CONTRACT DOCUMENTS AND CONDITIONS OF CONTRACT

2.3.1

The Tenderer shall price for any obligations contained in Form of Tender and its Appendix, Scope of theContract Works, Conditions of Contract, Form of Agreement and its Appendix, Drawings, Specifications,Bill of Quantities and All requirements of Local Authorities and any other documents which forms part ofthe tender documents for which he has not allowed elsewhere and wishes to price separately. The General

Conditions of Contract (Part I) shall be the ‘Conditions of Contract for Works of Building and CivilEngineering Construction (fourth edition 1987-reprinted 1988, 1992 with further amendments)’ as published by FIDIC and as amended in ‘Volume I – Section 6 - Part II, Conditions of Particular

Application’ issued as part of the Tender Documents. The said Particular Conditions in ‘Volume I – Section 6 - Part II’ shall not be subject to exceptions, alterations or revisions.

2.3.2

Any Clause / Sub-clause of the Contract Conditions (in Part I) which has not been altered in Part II of thesaid conditions shall be deemed to remain valid and binding. The Tenderers are deemed to have their owncopy of the Part I -General Contract Conditions.

2.3.3

Payment for obligations covered under Contract conditions shall be based on monthly progress of theworks and shall cover all costs and expenses including overhead and profits incurred by the Contractor in

carrying out the requirements of the Conditions of Contract not otherwise included in the Bill ofQuantities.

SECTION 3 - SITE WORKS

3 1 DEMOLITION & ALTERATION



3.3 SHORING WORK

3.3.1 NOT APPLICABLE.

3.4 PILING WORK

3.4.1 NOT APPLICABLE.

3.5 DEWATERING WORKS

3.5.1 The Tenderers shall be responsible for Maintenance of submersible pumps (duty andstandby) installed by Package 7 Contractor near the temporary closure of Inner Creek Canal(Near A5 building) to keep the Inner Creek Canal free of water during the whole construction

period until the Creek water is allowed to flow in the said canal. Maintenance cost shallinclude daily monitoring, periodic inspection, repairs, power consumption etc. to the

ti f ti f th E i I dditi t thi th C t t h ll ll f d t i (if



satisfaction of the Engineer. In addition to this the Contractor shall allow for dewatering (if

required) for carrying out and complete the works.

3.6 LANDSCAPING WORKS

3.6.1 Trees, Palms and shrubs to be measured itemized. Groundcovers and lawn are measured by area.Rates/ prices shall include for cultivating soil, sweet soil and planting soil. Specified treated hardwood

stakes with rubberized tree ties to be tied just outside of root ball to be included on all semi advancedtree. Windbreakers using screens such as polyethylene monofilament with shade (net density asspecified). Provision of labour, materials, accessories, tags, equipment and services required to plant

trees, shrubs, hedges, ground covers, lawn, soil, soil amendments to be allowed.Excavation and removal of surplus soil is deemed to be included in the rates/ prices.

Rates and prices shall include for providing maintenance during defect liability period, as builtdrawings and shop drawings, operating instructions and maintenance manuals and within the time

period.

SECTION 4 - CONCRETE WORK

4.1

GENERALLY

4.1.1 No differentiation shall be made for work at different levels.

4.1.2 Laying concrete in bays and day work joints including necessary formwork shall be understood to beincluded.

4.1.3 No cutting away of concrete shall be carried out without the approval of the Engineer. The Contractorshould ascertain from the Engineer the total number of locations of items to be formed in and cast into in-situ and precast concrete including those, which are not specifically shown on the Drawings. All remedial

works shall be carried out at the Contractor's expenses.4.1.4

Rates for concrete work laid in trenches as bed or surround to all pipes and ducts shall include for allnecessary formwork.



4.3.2

It will be the Contractor's responsibility to produce the bar bending schedules in a form to be approved bythe Engineer.

4.4

FORMWORK

4.4.1

Formwork to sides and soffits of beam shall include curved or sloping soffits.

4.4.2 Unless otherwise stated formwork to decorative features shall be measured by area or enumerated asappropriate.

4.4.3 No allowance shall be made for overlaps or passing’s at angles and no deduction shall be made for:-(i)

Intersections of main beams with walls or columns.(ii)

Intersections of secondary beams with main beams.

4 4 4 Formwork for decorative features shall be measured by length



4.4.4

Formwork for decorative features shall be measured by length.

4.5

SUNDRIES

4.5.1

Expansion material or the like shall be understood to be included unless described otherwise or measuredseparately.

4.5.2

Fixing, ties, inserts or the like shall be understood to be included.

4.6

RATES FOR CONCRETE WORK

4.6.1

Rates for concrete work shall include for work at differing levels and shall include for mixing, hoisting toany height, or lowering to any depth, conveying, placing, tamping around reinforcement, consolidating,

compacting on the surfaces of any material or on shuttering.

4.6.2

Rates for concrete work shall include for all test cubes, samples and testing as described in the Contract

documents.

4.6.3 The forming and grouting of any construction joints, including any required preparation for adjacent pours, together with expansion joints or the like.

4.6.4

Shuttering to sloping upper surfaces not exceeding 15 degrees from horizontal.

4.6.5

Curing and protecting concrete surfaces from harmful weather conditions.

4.6.6

All necessary keys to concrete surface to receive in-situ finishes.

4.6.7 Forming angles, ends, outlets and intersections etc. to curbs, copings, sills, channels, and other itemsmeasured linear meter.

4.6.8 For cutting or forming chases, rebates, throats, splays, chamfers and grooves not exceeding 0.0025 squaremetres in sectional area, for cutting or forming all holes, opening, mortices and pockets not exceeding0.125 m3 (including those required for pipes, conduits, ducting, metal sections and the like), and for all

subsequent making good or grouting in cement mortar.

4.6.9

The rates for plain concrete foundations and concrete blinding shall include for the following;

a) All necessary shuttering to edges or extra volume of concrete used in lieu of shuttering.



4.7

RATES FOR REINFORCEMENT

4.7.1

Rates for rod reinforcement shall include all necessary cutting and bending, extra material for laps anddowel, starter bars as specified, hooks, adequate chairs, bar grips cover blocks, distance pieces and spacers

to support the reinforcement to the satisfaction of the Engineer. The intersection of all reinforcement shall be tied with rust proof wire and rates shall include for this.

4.7.2 Rates for reinforcement shall also include for providing bending schedules as specified.

4.7.3

Fixing rods of any diameter in any position including any necessary hoisting.

4.7.4

Protective coating, Rust proofing, Epoxy coating or the like as required and all necessary preparation.

4.7.5

Welding bars to form mesh reinforcement.

4.7.6

Additional cutting and bonding in connection with holes, mortices, pockets, grooves, and chases etc.



4.7.7 Reinforcement couplers as required.

4.7.8

Rates for fabric reinforcement shall include for all laps, bends, distance blocks and tying wire as above.

a) All considerations arising from the Specification. b)

Straight, raking, curved and circular cutting and waste.c)

Bending to profiles.d)

Laps of one full square/rectangular module or as noted.

e)

Supporting in position during concreting: provision of supports, chairs, block spacers, steel bindingwire and approved / proprietary distance pieces.

f)

Cutting, bending and notching around all obstructions.

4.7.9

Reinforcement to Masonry;a)

The contents of this section equally apply to reinforcement included within the Masonry section of the

Bills of Quantities, unless otherwise stated.

4.8

RATES FOR FORMWORK

4.8.1 Rates for formwork shall include for all cutting, notching, allowance for overlaps and passing at angles, battens, strutting, propping, bolting, welding, easing, striking and removal. Rates shall include for providing a chamfered angle at all external angles as specified.

4.8.2

Rates for ribbed metal deck formwork shall include for preparing and submitting workshop drawings forthe Engineer’s approval.

4.8.3

All considerations arising from the Specification.

4.8.4 Making allowance for all cambers on beams, slabs, etc., Small quantities.

4.8.5

All cutting and waste including raking curved or circular cutting and cutting and notching around pipes,

ducting and fittings.

4.8.6

Setting up, strutting and supporting at any height above the structure subject to any limitations imposed by

the Engineer including all props, stays struts, wedges and bolts etc.

4.8.7

Carefully coating with shutter oil ensuring that no shutter oil is applied to surfaces of reinforcement.



4.8.15

Forming cavities and holes for pipes etc. not exceeding 150mm diameter openings not exceeding 0.0025square metres in sectional area.

4.8.16

Obtaining and fixing in position all bolts, fixings, cores, pipe sleeves, or other approved ferrules and anyother inserts necessary (bolts, fixing, cores, pipes sleeves, ferrules, etc.) provided by other Contractors.

4.8.17

Forming a fair faced concrete in accordance with the Specification to all exposed surfaces such as periphery walls, core walls, soffit of slabs, columns and beams…etc;

4.8.18

Cutting out and re-casting unsatisfactory work or work not fulfilling the requirements of the Specificationor carrying out remedial or any other work required by the Engineer as an alternative to cutting out

substandard works.

4.9 RATES FOR PRECAST, PRE-TENSIONED, POST-TENSIONED CONCRETE WORK

4.9.1 In consideration of relevant section of the Preambles, the rates for such specialist concrete work shall bed d i l d ll b ddi i i i l li ’ d i l i i b i d



deemed to include all bedding, pointing, special sealing’s and special pointing between units and structure,anchor bolts and other fixing devices, designed reinforcement and any other reinforcement or handlingdevices needed for handling storage and fixing, moulds, hoisting and fixing.

4.9.2

Concrete and formwork of Post Tensioned slabs shall be measured by area.

4.9.3

Mortises, plugs, grouting for general fixing of joinery metalwork shall be deemed to be included in therates and no further reference shall be made to such work.

4.9.4

All considerations arising from the Specification.

4.9.5 Reinforcement, The provision of moulds, forming a fair face in accordance with the Specification to allexposed surfaces.

4.9.6

Square, rounded and mitred angles, Hacking or forming keys to all other surfaces, Holes or notching for pipes.

4.9.7

Hoisting to any height and lowering to any depth, including the provision of lifting hooks or other devicesapproved by the Engineer.

4.9.8

Setting and bedding in position and jointing in mortar as specified.

4.9.9 All necessary temporary struts or supports.

4.9.10

Sills and copings etc shall include for plain ends and mitred angles where necessary.

4.9.11

For cutting off ends of tendons after tensioning.

4.9.12 In addition to above, the rates for Pre-Tensioning, Post-Tensioning R.C. Concrete works shall include forits adequate design, approval of third party, obtaining of Dubai Municipality approval, supply andInstallation of Tensioning strands, for relevant concrete elements, all Pre/Post tensioning materials such as

Anchors, Galvanised Ducting, Strands, Accessories, Stressing and Grouting including installation of PostTensioning System as per approved drawings. Cutting of surplus strands after stressing and beforegrouting. Additional rebar as per design requirements, pour strip reinforcement, reinforcement for the

purpose of lateral stability, resist long term shrinkage, thermal and creep effects. Any additional rebar as per Local Authorities requirement and approval, all in accordance with the specification and drawings.



The rates for cavity walls shall include for stainless steel vertical twist ties and any infill material asindicated on the drawings or in the specifications.

5.2.1

Rate for masonry works shall include for lintels and any restrictions imposed due to maximum allowableheight allowed on a daily basis or the like as per specifications.

SECTION 6 - METALWORKS

6.1 GENERALLY

6.1.1 Cutting, drilling, testing, bolting, welding and fabrication, hoisting and fixing in position shall beunderstood to be included.

6.1.2

Preparation of workshop and erection drawings shall be understood to be included.

6.2

COMPOSITE CLADDING & ROOFING

6.2.1 Composite Cladding for the walls/ ceilings measured by area in contact with the base.



p g g y

6.2.2

Aligning, fixing, decoration, insulation, supports, weather seals and all necessary accessories shall beunderstood to be included with the composite cladding.

6.2.3 Cutting and bending to any required size shall be understood to be included with the cladding.

6.2.4

Particulars of material, composition, size surface finish, jointing, and grouting shall be included with the

composite cladding.

6.2.5 Preparing backgrounds, e.g. hacking concrete or raking out joints of block work for walls and preparingthe surface of sheeting rails for roofing shall be understood to be included with the items.

6.3

RATES FOR METALWORK

6.3.2

Rates for supplying and fixing metalwork generally are to include for horizontal raking or vertical work,

cutting members to length for all shop and site welding, grinding, drilling, countersinking, bolting,riveting, assembling, adjusting and fixing complete, and for all touching up of primer as necessary,application of specified finishes or the like.

6.3.3

Rates shall include for preparing and submitting workshop drawings for the Engineer's approval beforemanufacturing commences.

6.3.4

Rates for balustrade and the like shall be deemed to include for forged bends, mitres, crosses, tees, flangedends and the like.

6.3.5

Rates for metal skirting’s, duct covers and the like shall include for all angles, intersections and ends.

SECTION 7 - WOODWORK

7.1 GENERALLY

7.1.1

Work shall be measured net as fixed.

7.1.2 Members which are screwed, bolted or plugged shall each be so described.

7 1 3 Cutting and waste halving trimming boring sinking pelleting notching and fitting dovetailed framing



7.4.2

Rates for woodwork shall include for providing timbers of any length, all joints, notching and fittingsends, mitres, ends and intersections.

7.4.3

Rates for woodwork are to include for all nails and screws, cutting and waste, halving, trimming, boring,sinking, pelleting, notching and fitting dovetailed framing and/or scarf jointing and all other sundry

labours of a like nature required. The rates are also to include for all scribing, rebates, grooves, chamfers,

splayed and rounded edges, tongued angles, beads, and mouldings, fair and return ends, mitres, housing,holes for pipes, etc., and for all short or isolated lengths.

7.4.4

Rates for ironmongery are to include for screws, fixing, mortises and the like.

7.4.5 Rates for woodwork shall be deemed to be included for necessary decorations and fixtures and fittings.

SECTION 8 - THERMAL AND MOISTURE PROTECTION

8 1 GENERALLY



8.1 GENERALLY

8.1.1 Unless otherwise described the whole of the Thermal and Moisture Protection shall be executed in

accordance with relevant Specification Clauses and as per Manufacturers instructions.

8.1.2

Substructure Waterproofing System, Roof Waterproofing System, GRP lining, Waterproofing to Spandrel

panels, Internal/external waterproofing to Manholes/Catch Basin/Pits or the like, Thermal Insulation toexternal building envelope, Perforating and sealing around pipes and the like shall be included asspecified.

8.1.3

Any Protective coating or the like as specified.

8.2

RATES FOR THERMAL AND MOISTURE PROTECTION to include;

8.2.2 All related Civil and Builders works such as: Fillet angle, Surface preparation, grinding, surface primingand the likes.

8.2.3 Work at any height and narrow lengths.

8.2.4

Rates for Membrane waterproofing shall include; for all cutting, lapping, holes for pipes, or the like

including Sealing, Perforating and dishing around pipes, rainwater outlets and the like shall be understoodto be included.

8.2.5

Rates for membrane termination, skirting’s, flashing and the like shall include; for all grooves, anglesintersections and ends, extra material in laps and passing’s, reinforcing strips at corners.

8.2.6 Membrane waterproofing, Liquid Waterproofing, or the like are to included for the following additionallabour, material etc;a.

Surface preparation of the substrate including Priming of surface to receive waterproofing system. b. Additional treatment as may be required at construction/control/expansion joints or the like, dishing to

outlets, collars to pipes, coves, upstands and the like including priming, sealing, waxing, etc.c.

Supply and installation of Protection material to membrane waterproofing against puncture.

d.

Supply and installation of material to form coves, fillets at angles.e. Maintaining the recommended temperature for the material store prior to use.f.

Extra material for bedding slope.



SECTION 9 - DOORS AND WINDOWS

9.1 DOORS

9.1.1 Doors together with their associated frames and linings, including decoration, ironmongery and glass shall

be enumerated.

9.2 WINDOWS

9.2.1

Windows, together with their frames, including ironmongery and glass shall be enumerated.

9.3

RATES FOR DOORS AND WINDOWS

9.3.1 Rates for doors and windows shall be deemed to include for all frames, fixing devices, bedding and

pointing in non-hardening mastic if required and stripping off all protective tape.



9.4

CURTAIN WALL AND GLAZING9.4.1 Frames for the curtain wall together with glazing including ironmongery shall be enumerated or measured

by area.

9.4.2 Fire stops, anchorage system, weather seals, sealants, all necessary accessories etc., shall be understood to be included with the frame.

9.4.3 Rates for curtain wall shall include for all cutting and fixing, and making any required shape or size.

9.4.4 Doors within the curtain walls measured separately together with glazing, ironmongery etc.

9.4.5 Cutting and drilling for glazing to any required shape or size shall be understood to be included.

9.4.6 Bedding materials beads and for cleaning at completion shall be understood to be included.

9.5 RATES FOR GLAZING SHALL INCLUDE THE FOLLOWING

9.5.1 Panes of any size.

9.5.2 All straight raking, curved and circular cutting and all consequent wastage.

9.5.3 Patterned and wired glass shall include aligning adjacent panes.

9.5.4 Wash leather bedding strips in conjunction with timber beads.

9.5.5 Glazing fillets shall include pinning to wood or clipping to metal unless otherwise stated.

9.5.6 Patent glazing shall include accessories and shall be fixed with screws or by the method required by thesystem used; hardwood framing shall be measured separately.

9.5.7 Glazing shall include blocks, setting blocks, locating blocks, distance pieces, with any accessories forfixing identified separately.

9.5.8 Cleaning off protective wax coating in rebates prior to glazing aluminum windows, screens and doors.

9.5.9 Glazing to aluminum shall include setting in continuous PVC gaskets and retaining by snap-fit glazing

beads.



10.2.2 The rates for all finishing shall include for all dubbing out to walls and columns necessary to produce aneven surface preparatory to the application of the finishing coat.

10.2.3 The rate for all finishing to soffits shall include for level and sloping soffits.

10.2.4 The rates for all finishing to block-walls are to include for plasterwork to face of concrete columns, lintels,

etc.

10.2.5 The rates for in-situ plain sheet, tile, slab or block finishing shall include for fair edges, rebated edges,splayed edges, rounded edges, arises, quirks, grooves, flutes and the like; all ends and angles or risers and

edges of landing ends, angles, ramps to strings and ends of steps; all fair joints or fair cutting, making goodcutting and fitting around pipes, bars, cables, conduits, ducting, trunking, sanitary fittings and the like;finishing around gullies and outlets, mortices, sinkings and ends, angles, ramps, outlets and intersections to

skirting, flush, raised or sunk banks, sills, dividing strips, control joints, channels, kerb and the like.

10.2.6 The rates for in-situ finishing shall also include for all internal and external angles, fair, rounded and



0. .6 e ates o s tu s g s a a so c ude o a te a a d e te a a g es, a , ou ded a d

chamfered edges, arises, chamfered external angles and coved internal angle.

10.2.7 The rates for beds and backings shall include for forming keys. The rates for finishes, backings, screeds,

etc. will also include for expansion joints, control joints and the like as Specified.

10.2.8 The rates for plastering to vertical surfaces shall include for providing expanded metal lathing of the

required width wherever concrete and block work surfaces meet. The rates for backings, plastering,renderings, shall include for all metal plaster stops, angles and beads and additional stops to form groovesin surfaces.

10.2.9 The rates for ceramic wall tiling shall include for a hollow rounded fillet (bead, spacers, specified groutingetc.)at the junction with other wall finishes.

10.2.10 The rates for suspended ceiling tiles and panels and the like shall include for chamfering all cut edges;cutting around light fittings, grills and diffusers or the like. Rates shall also be deemed to include any

depth between the soffit of the slab to which the ceiling is suspended and the finished level. All suspendedceilings are measured flat on plan, verticals to bulkheads or the like shall be measured separately. Alllinear items shall include for angles, ends and the like.

10.3 PAINTING, POLISHING, DECORATION AND SIMILAR WORKS

10.3.1

The rates for painting shall include for working to or at any height; internal or external work; all narrowwidths; rubbing down between coats; priming; work in multi-colors; cutting to line; opening edges ofdoors and work on additional surfaces exposed by such opening edges; hooks, bolts and clips to sheeting

and pipe clips, saddles and holder bats and the like and for removing ironmongery and re-fixing oncompletion. The rates for painting on wood shall include for work on hardwood/softwood and forknotting. The rates for painting on manufactured boards and wood shall include for surface filling. The

rates for sprayed painting to horizontal soffits shall include for painting all pipes, ducts, fittings, etc.

10.3.2

Painting, polishing and similar work shall be measured by area stating the type, preparation, number of

coats, etc.10.3.3

Painting, polishing and similar work in the following categories shall be included with the description

under the appropriate section.



SECTION 11 – FITTING, FIXTURES AND ACCESSORIES

11.1 GENERALLY

11.1.1 For the purposes of identification, fittings fixtures and accessories are to be measured in accordance with

the principles in this section shall be defined as those being specially manufactured or proprietary itemsnot included in other sections.

11.1.2

Unless otherwise stated accessories shall be enumerated.

11.2 RATES FOR FITTINGS, FIXTURES AND ACCESSORIES

11.2.1 Rates of fittings, fixtures and accessories shall include for all nails and screws, cutting and waste, halving,trimming, boring, sinking, pelleting, notching and fitting dovetailed framing and / or scarf jointing and allother sundry labours or a like nature required. The rates are also to include for all scribing, rebates,

grooves, chamfers, splayed and rounded edged, tongued angles, beads, mouldings, fair and return ends,



g , , p y g , g g , , g , ,mitres, housing, holes for pipes, etc., and for all short or isolated lengths and fixing in position.

SECTION 12 – EQUIPMENT

12.1 GENERALLY

12.1.1 For the purposes of identification, equipment to be measured in accordance with the principles in thissection shall be defined as specialist equipment related solely to the function of a building or department.(for example: Service equipments, laboratory equipments & stage equipments etc,).

12.1.2 Each category of equipment shall be given as an item; alternatively, individual items of equipment may beenumerated.

SECTION 13 – FURNISHINGS

13.1 GENERALLY

13.1.1 For the purposes of identification, furnishings to be measured in accordance with the principles in this

section shall be defined as loose furniture, fittings or the like related to the occupation and use of a building or department. (for example: rugs, curtains, artwork, ashtrays, furnishing accessories etc,).

13.1.2

Each category of furnishing shall be given as an item; alternatively, individual items of furnishing may beenumerated or measured by length, as may be appropriate.

13.1.3

Rates of furnishing shall include for all nails and screws, hooks, gliders, stops or the like, fitting, jointing,fixing in position and all other sundry labours or the like nature as required.

SECTION 14 – SPECIAL CONSTRUCTION

14.1 GENERALLY



15.2 RATES FOR CONVEYING SYSTEM

15.2.1 Rates for supports shall include for fixings, erection and anti-vibration devices. Rates shall include for allwork necessary whether specifically mentioned or not,

15.2.2 Rates for testing and commissioning shall include for operating completed installation and providing fuel, power and labour necessary to carry out the testing to the approval of the Engineer.

15.2.3 Rates for documents shall include for shop drawings, as built drawings, operations instruction andmaintenance manuals.

15.2.4

Rates for builders work shall include for any incidental work required for proper installation of theconveying system.

15.2.5

Builder's work in connection with the lift installation shall include, but not be limited to, cutting orforming holes, chases, channels, etc. in block work, concrete and other materials, providing and building-

in sleeves, clamps, brackets, etc. priming and painting exposed and concealed ferrous surfaces and making



good all works.15.2.6

Rates and prices shall include for periodic and preventive maintenance and servicing throughout the

maintenance period.

15.2.7

Rates shall include for Testing and Certification by an independent Third Party Inspection Company at

completion of the works and/ or all certificates needed by Local Authorities such as, without being limitedto Civil Defense, Dubai Municipality … etc.

SECTION 16- MECHANICAL WORK

16.1

The rates and prices for plant, equipment and installations are to be all inclusive of supply, installation,testing, commissioning and all associated builders work required for the full operation of such plant,

equipment and installations, to comply in all respects with the Specifications, Bill of Quantities, Drawingsand to the complete satisfaction of the Engineer and relevant Authorities.

16.2 Builder’s Work shall include for all secondar y steelwork supports for plant, equipment, trunking and thelike not specifically shown or indicated on the drawings.

16.3 The rates for trenches for pipes shall include for disposal and backfilling.

16.4

The rates for drains, inspection chambers, etc., are to allow for testing.

16.5

Rates for pipes and ducts generally are to include for all cuttings, short lengths, back stops, couplers, drawwires, wooden plugs and retaining and alignment pegs required in laying and for the extra involved over

normal trench excavating in hand packing and tamping selected fine material around the lower half of the pipes to buttress them against the side of the trench. Rates are to include for leaving all pipes clean andclear.

16.6

Pipes are measured net as laid and are to include for all fittings on all types of pipes, extra joints of all

types, cuttings, waste, fixing with approved holder bats or pipe clips, sleeves through walls, thrust blocks,etc., for laying in trenches of any depth, and building in to sides of inspection chambers.

16.7 Rates for fittings on all types of drain pipes are to include for extra joints of all types and cutting and waste


Tender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works __________________________________________________________________________________________ manufacturing data shall be submitted to the Engineer for approval before purchase, manufacture orinstallation.

16.13

The rates for sanitary fittings and the like, unless otherwise described, shall be deemed to include allaccessories, assembling component parts including suitable bedding compounds, all necessary plugging

and brass screwing, fixing accessories, joints to water services with straight or bent proprietary connectors, joints to waste soils or drain pipes with approved proprietary connectors, cleaning off all protectivewrappers and leaving ready for use and leaving taps and valves greased, clean and in full working order.

16.14 Rates and prices shall include for periodic and preventive maintenance and servicing throughout themaintenance period.

16.15 The rates shall include for the supply and installation of flexible hoses, angle valves and bottle traps for all

plumbing / sanitary fixtures.

SECTION 17- ELECTRICAL WORK



17.1

The rates and prices of plant, equipment and installations are to be all inclusive of supply, installation,testing, commissioning and all associated builders work required for the full operation of such plant,equipment and installations, to comply in all respects with the Specifications, Bill of Quantities, Drawingsand to the complete satisfaction of the Engineer and relevant Authorities.

17.2

Prices and rates shall include for the following:17.2.1

Marking positions of holes, mortices, chases, etc.

17.2.2 Cutting and pinning ends of supports to structures.17.2.3

Painting as required.17.2.4

Fixings are, including all steelwork, supports, slips holder bats and hinges.

17.2.5

Joints, bolts, washers, nuts, junctions and everything necessary for the satisfactory jointing of pipes or ducts to each other, to items of equipment or connecting ducts to voids, shafts etc.

17.2.6

All waste, cuttings, short lengths etc.17.2.7

Labels, nameplates, belt guards and all accessories called for in the specification.

17.2.8 Rates for conduit are to include for all necessary accessories including conduit Boxes.17.2.9

Pipe sleeves through walls.17.2.10

Draw wires in empty conduits, ducts.

17.3

The length of cable is measured by length.

17.4

Cable trunking and tray items are to include for complete installation as required.

17.5

Rates for cable terminations are to include for terminations are to include for Termination glands, locknuts, drilling entries into equipment, lugs, earth tags, spreader boxes, etc. where applicable.

17.6 All items containing equipment, accessories and fittings shall include for earth Terminals and bonding asnecessary.

17.7 Rates for main voltage sub-circuits shall include for each continuity conductor.

17.8

Rates for main and sub-main distribution boards shall include for all spares as Specified.

17.9

The total cost for the services shall include for the detail design as required under the Contract, togetherwith the preparation of all necessary calculations and workshop drawings which, together with all

f t i d t h ll b b itt d t th E i f l b f h f t



SECTION 18 - BUILDER’S WORK

18.1

GENERALLY

18.1.1 The expression "Builder's Work" shall mean all ancillary work carried out by the Contractor inconnection with all Subcontract works and installations.

18.1.2

The drilling, cutting or leaving of holes or apertures through structural floor, walls, beams etc, shall beavoided, but where this becomes a necessity, the Contractor must obtain the written approval of theEngineer before the work is put in hand.

18.1.3

The Contractor shall allow for all Builders' Work in connection with the installation which should include

but is not limited to the following:(i)

Install all inserts and any other anchored materials required for the Works, which require to beembedded in the building structure and block work.

(ii) Drilling, cutting or leaving holes for pipes, ducts and the like through walls, floors, partitions,



etc and subsequently making good/waterproofing, fireproofing, fire sealing, fire stopping,where necessary and providing sleeves and/or sub-frames as required by the Engineer.(iii)

Cutting and pinning ends of supports for pipes, equipment, appliances, fittings and the like to

walls, floors, partitions, soffits, etc and making good. (e.g. Fixing of MEP items to thestructures where weights of the equipments/pipes are detrimental to the structural elements).

(iv)

Cutting or leaving mortises, sinking etc and the like for holding down bolts, brackets, supports

and the like and grouting in.(v)

Cutting chases for pipes, conduits and the like in walls, floors, partitions and the like andsubsequent making good.

(vi)

Cutting and fittings around, boring holes through and making good of finishing up to pipes,ducts, fans, supports, brackets and the like.(vii)

The construction of concrete, block work and/or timber duct and building of meter pits, accesschambers and sump pits and parking drains.

(viii) The formation of ducts within concrete slab, together with access covers and frames to theapproval of the Engineer.

(ix)

The building of timber frames, access panels and doors, including ironmongery, to give accessto pipes, ducts equipment and the like including co-ordination with relevant trades.

(x) Waterproofing of penetrations for external ductworks and pipe works to the Engineersapproval.

(xi)

Sealing of all Services penetration though fire rated walls, floors shall be filled with fire stop

materials as approved by the local authorities / Engineer.(xii)

Protective Coating and decorative painting of exposed pipe work, fittings, equipments,insulation, and exposed metal supports or the like, where aesthetics are of concern.

(xiii) Making good finishes after second fix installation.(xiv) Concrete encasement to drainage pipes and fittings below grade slab.(xv)

Cutting and making good openings in false ceilings, bulkheads, walls for grilles, diffusers,luminaries, sprinkler heads, loudspeakers and the like.

(xvi) Builders work shall include for all penetrations through concrete surface for MEP Equipment,including (but not limited to) stair pressurization fans, ventilation openings through skylight upstands, fire barrier seals as required, and the like

(xvii) Trenches for Cables and Pipes Concrete bases plinths for plant and equipment machine



(xxi)

Excavation and backfilling of external water supply, drainage pipes and cables service duct

trenches etc. to concerned authority approval.(xxii)

The building of meter pits, sumps, manholes, handles, access chambers, Inspection chamberand the like.

(xxiii) 'Builders work' will include and not be limited to all the above, but shall be in conjunction withrequirement of Architectural, Structural, MEP drawings and specifications.

SECTION 19 – DAY WORKS

19.1 GENERALLY

19.1.1

The Day works included in Bill nr-12 form part of the Contract Sum. The Day work included in the Bills

may be expended totally, in part or not at all as the Engineer may direct. The Quantities stated in the BOQare “Provisional Quantities”. In the event no works are carried out on a Day work basis, no payment shall be made to the Contractor for this section of the BOQ. The Contractor shall have no claim for loss of any

fit t ib ti d t t f D k t d d Bill 12 f th T d ’



profit or contribution due to non-payment of Day work amount covered under Bill nr- 12 of the Tender’sBOQ.

19.1.2 The cost of any Day work carried out shall be assessed at Rates given in the Day works Schedule of theBills of Quantities.

19.1.3 The Contractor shall request the approval of the Engineer in writing prior to carrying out any work on aday work basis.

19.1.4

Day work rates stated in the BOQ shall be deemed to cover Contractor’s OH & Profit and small plant and

tools which are normally required to carry out works on site.19.1.5

Day work rates inserted by the Tenderer in the relevant Bill in the Bill Of Quantities shall be to areasonable extent equal or similar to those utilized by the Tenderer in pricing all items of the Works.

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