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JEWEL OF THE CREEK (JOC) PROJECT

Plot 129 104 at Port Saeed, Dubai, U.A.E.

PACKAGE 8
Five Hospitality Buildings, Ball-room, Marina & Landscape Works

TENDER DOCUMENT

VOLUME (I)
Instruction to Tenderers, Scope of Work,
Contract Conditions
& Appendices
December 2013

Client

Consultant

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.

Instruction to Tenderers

1 - 17

Scope of Contract Works & Basis of LS Price

1-6

Form of Tender & Appendix

1-5

Form of Agreement

1-2

General Conditions of Contract Part (I)

Particular Conditions of Contract Part (II)

1 - 28

Schedule of Engineers Rates (Overtime & Additional Works)

1-2

List of Tender Drawings

APPENDICES
Appendix (A): Specimen Form of Tender Bond
Appendix (B): Specimen Form of Performance Security
Appendix (C): Specimen Form of Advance Payment Guarantee
Appendix (D): Statement & Attestation of Site Visit
Appendix (E): Layout of Employers/Engineers Site Offices, Furniture and IT
Equipment
Appendix (F): Consultants Scope and Architectural Drawings indicating
Interior Dcor Scope.
Appendix (G): Copy of quotation from M/s. ISAM KABBANI & PARTNERS for
Inner Creek waterproofing works

_________________________________________________________________________________________________

Volume I - Table of Contents Rev-.0, Dec 2013

Page 1 of 1

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
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 dcor, 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 tenderer
is 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 these
Instructions to Tenderers will form part of the Contract Documents and will have a priority under
Sub-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 to
them 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 Tender
Documents collected for the purpose of submitting a Tender regardless of whether or not
such Tenderer completes and submits a Tender. Reference made as Tenderer, Contractor
within the documents shall be construed as the tenderer bidding for the proposed contract
works and the successful Tenderer (Contractor) after award is obliged to abide with the
tendering and contract conditions, tender documents etc.

1.5

Invitation to Tender: means the letter described as such from the Engineer to the
Tenderer inviting it to submit a Tender.

1.6

Tender: means the Tenderers priced offer to the Employer for the carrying out and
completion of the Works, maintenance and remedying of defects therein in accordance
with the provisions of the Contract and as per Tender documents including
circulars/addendums etc. complete.

1.7

Tender Sum: means the amount inserted in paragraph 1 of the Form of Tender.

1.8

Tender Documents: means the documents accompanying the Invitation to Tender as


listed in Article 2 below and all circulars / addendum issued during Tender Period.

1.9

Tender Addendum": means the tender addendum issued during tendering stage to make
alterations to the initial Tender Documents.

1.10

Tender Circulars: means the Engineers responses to valid questions received from
Tenderer(s) before Tenders closing date and circulated to all Tenderers.

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JEWEL OF THE CREEK (JOC) PROJECT


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

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 part
hereof 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 addendum
thereto issued in accordance with Article 4 below and in the documents referred to in
Article 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
Volume IIA
Volume IIB
Volume III
Volume IV

: Tendering and Contract Conditions.


: Architectural/Structural/Civil Specifications.
: MEP Specifications.
: Bills of Quantities (includes also Preambles, Day works schedule).
: Drawings.

3.

NOTIFICATION OF INTENT TO TENDER

3.1

Invitation to Tenderers includes an Expression of Interest that should be signed and


returned 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 of
Tenders, 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 of
any earlier addendum issued under this Article 4. Any such addendum shall form part of
the Tender and shall be valid and binding on all Tenderers. Each Tenderer must
acknowledge by return the receipt of each addendum by fax to the Engineer and must
complete paragraph 4 of its Form of Tender with the reference number and date of issue of
each addendum.
In no case shall any procedure in connection with clarification and interpretation of Tender
Documents give the right to Tenderers to claim an extension of the time set for submitting
Tenders.

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Volume I - Section 1: Instructions to Tenderers Rev-0, Dec 2013

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JEWEL OF THE CREEK (JOC) PROJECT


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

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 of
making 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 undertaken
in the Contract.
Any data, if provided, is given without any guarantee that the conditions as shown are truly
representative 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 lump
sum 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 Documents
must be notified immediately to the Engineer.
Notwithstanding any information which may be contained in the Tender Documents, prior
to 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 must
generally 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. The
Tenderer 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 whatever
arrangements are necessary for them to become fully informed regarding all existing and
expected conditions, the means of access to the site and the accommodation he may require
and 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 relieve
the Tenderers from responsibility for estimating properly any difficulties or procuring the
successful execution of the Works. Statement and Attestation of Site Visit should be duly
Signed and Stamped by the Tenderer as per attached specimen of Appendix D.

6.

INDEMNITY TO EMPLOYER
The Tenderer and any of his employees or agents will be granted permission by the
Employer to enter upon his premises and lands for the purpose of inspection in connection
with the proposed Tender, but only on the condition that the Tenderer will release and
indemnify the Employer and his servants and agents from and against all liability in respect
of personal injury, loss of or damage to property and any other loss, damage, cost and
expense however caused which, but for the exercise of such permission, would not have
arisen.

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JEWEL OF THE CREEK (JOC) PROJECT


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

7.

TENDER DOCUMENTS INTERPRETATION

7.1

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

7.2

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

7.3

The Tenderer may request, in writing, either via letter or facsimile, clarification or
interpretation from the Engineer in respect of any aspect of the Tender Documents. Any
request 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 later
than 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, content
or 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 for
incorporation. 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 Tender
Documents (Volume III Bill of Quantities) and shall not be subject to re-measurement but
the Tenderers will be deemed to have checked and satisfied themselves as to their accuracy
and completeness. In case of discrepancies in quantities, Tenderers shall include the
difference in the appropriate Bill No. 11 - Adjustment Schedule sections of the Bills of
Quantities.
However, the Tenderers to note that there exist in the Tenders Bill of Quantities certain
items whereas its quantities are described as Provisional Quantities, these items only
shall be subject re-measurement and therefore the Tenderer is not allowed to introduce any
correction whatsoever towards its respective quantities, in the Bill No.11 Adjustment
Schedule.
The items having discrepancies in Quantities shall be listed by the tenderer within the Bill
of Quantities Bill No. 11 (Bill for Adjustment Schedule) during the tender submission.
Any such adjustments as defined and noted by the tenderer, shall be incorporated in the Final
Contract Bill of Quantities to arrive at the Contract Sum as finally justified and agreed
between the Employer/Engineer and the successful Tenderer (Contractor). No additional
payments shall be made on account for this particular aforementioned adjustment Bill No.11.

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Volume I - Section 1: Instructions to Tenderers Rev-0, Dec 2013

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JEWEL OF THE CREEK (JOC) PROJECT


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

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 added
at 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 such
alteration 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 Quantities
shall not vitiate this contract nor release the successful Tenderer from the execution of the
whole 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 signing
the Tender.
The rates and prices set down by the Tenderer against the items in the Tender Bill of
Quantities 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 kind
arising under the Contract.
Each item in the Tender Bill of Quantities is to be priced. If any items are left unpriced in
the 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 of
the Bill of Quantities and shall submit them together with his Tender. Non-compliance
with this provision may result in rejection of the Tender submission.
Any Bill of Quantities generated by the Tenderer will not be accepted for tender bid
submission 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 or
the Engineer may ask tenderers individually for clarifications of their Tenders without
limitations, including breakdowns of units rates or prices and the tenderers will be obliged
to do so.
Upon award of the contract, the priced Bill of Quantities shall be used solely for evaluating
progress payments due to the successful Tenderer, and as a schedule of rates for evaluating
any variations to the works, whether with additions or omissions.
The successful Tenderer shall not be entitled to payment for profit or over heads on value
of work omitted.

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JEWEL OF THE CREEK (JOC) PROJECT


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

10.

FIXED PRICE & RATES


The Tenderer should note that no adjustment to the Contract Price and rates shall be made
in respect of rise or fall in the costs of labour, materials or any other matters affecting the
cost of the execution of the Works.
The Employer has the right for adjustments for additions or omissions to the works. The
tenderer to price taking into due consideration for all fluctuations affecting the cost of
execution of the works which may occur during the contract duration plus the Defects
Liability 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 free
of 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 by
any 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 confidential
and in the event of a Tender not being submitted, or not being accepted, all the documents
shall 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.

14.

CURRENCY
The currency of the Contract will be the U.A.E. Dirham and fils only.

15.

LANGUAGE
During the period of tendering all correspondence with the Engineer shall be in the English
language.
The tender and all relevant contract correspondence incidental to and concerning this
invitation to Tender package shall be in the English language with the possible exception of
documents and correspondence with the government authorities of the UAE.

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Volume I - Section 1: Instructions to Tenderers Rev-0, Dec 2013

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JEWEL OF THE CREEK (JOC) PROJECT


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

16.

CONFORMITY AND DEPARTURES


A Tenderer must, so far as is reasonably practicable, conform with all the requirements of
the General provisions section, the Drawings, the Specification and the terms, conditions
and 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 to
the 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 Industry
Certificate 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.)
ii.)
iii.)
iv.)
v.)

The Form of Tender and the Appendix to Tender.


Statement & Attestation of Site Visit.
Grand Summary page of the Bill of Quantities.
First page of all volumes.
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
paragraph 1 of the Tender Sum (both in words and figures) and the insertion in paragraph 4
of the reference numbers and date of issue of each addendum/circular issued by the
Engineer in accordance with Article 4 above.
Save for insertion of the above information, the Form of Tender must not be amended,
added to or otherwise modified in any manner whatsoever.
The Tenderer's attention is also drawn to the stipulation in paragraph 5 of the Form of
Tender that in the event of a discrepancy between any amount stated in words and in
figures in relation to a single entry, the amount inserted in words shall prevail and be
regarded as conclusive.

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

(b)

A signature authority in the form of a certified Board Resolution of the Tenderer or a


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 page
shall be stamped with the company seal.

(d)

Every page of each of the following Tender Documents shall be stamped with the company
seal:
(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 each
subsequent page. Such first page shall in each case be headed [Jewel of the Creek
Complex on Plot No. 129-104, At Port Saaed, Dubai For M/s Dubai International Real
Estate]" followed there under by the name of the applicable schedule referred to in brackets
at 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 out
of the Works which shall comprise a fully detailed bar chart programme showing
separately for each Section of the Works the order of work, the key activities and
interaction and the periods for carrying out the various parts of the work within the
Time for Completion. Key dates shall be clearly identified on the said programme
which shall cover both off-Site and on-Site activities. (Schedule A1: Preliminary
Programme).

(ii)

Proposed organisation charts for the carrying out of the Works. (Schedule A2:
Organisation Charts).

(iii)

Names and qualifications of the Tenderers proposed key personnel together with
evidence of their experience in and suitability for the work for which they will be
responsible. (Schedule A3: Key Personnel).

(v)

The Tenderers Quality Assurance and Quality Control Manuals applicable to the
carrying out of the Works (Schedule A4: QA/QC Manuals).

(vi)

Name and address of the insurance company with whom insurances are to be
placed. (Schedule A5: Insurance Company).

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

(vii)

Detailed method statement demonstrating the Tenderer's proposed method of


carrying out the Works. This shall include details of the proposed temporary works
such as Site offices, utilities, workshops and storage areas (together with a
preliminary Site layout plan showing such temporary works) and details of
Tenderers 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 the


specified companies together with the corresponding elements of the Works to be
carried out by such Sub-contractors. Sub-contractors shall be subject to the prior
written approval of the Employer and the Engineer. (Schedule A7: Proposed Subcontractors).

(ix)

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

(x)

The Tenderers 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. (Schedule


A11: Schedule of Departures).

(xiii)

Long Lead Items The tender to provide detailed list of all major long lead items
that 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.
(xvii)

Proposed mobilization plan for manpower, construction equipments and


Contractors.

Sub-

(xviii) Proposed Inspection and Test plan.


(xix)

List of software to be used.

(xx)

Evidence of Tenders ability to complete works.

(xxi)

Other Documents - any other documents required to clarify the tender submission.

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

18.

TENDER BOND
The Tenderer shall submit with his Tender an Original Tender Bond in the form of an
unconditional bank guarantee from a first class leading UAE Bank. The bank and the terms
of 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 with
the 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 the
tenderer.
The Tender Bond shall be valid for ninety (90) days from the date by which Tenders shall
have been delivered (as stated in Article 19 below) or from any extended date as per
circulars, 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 below
whichever is latest date.
Tender bond submitted to the Employer in respect of another tender package (for same
titled 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 the
Tender 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 such
defaults indicated hereunder;
i.)

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

ii.)

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

iii.)

If the Tenderer (during post tender clarifications) has refused to accept the
correction of errors in his offer in accordance with the Instructions to Tenderers
and tender documents.

iv.)

If the Tenderer (during post tender clarifications) increases his price without a
valid contractual reason.

v.)

If the successful Tenderer whos Tender is accepted fails to provide the


Performance Security Bond satisfactorily within the time stipulated within the
contract conditions and/or as formally agreed.

vi.)

If the successful Tenderer fails or refuses to execute and sign the Contract
Agreement within stipulated time as per contract conditions and/or as formally
agreed.

In occurrence of any above event, the full amount of the Tender Bond shall become
payable to the Employer as compensation for such default.
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Tender for Package 8: Five Hospitality Buildings, Ball-room, Marina & Landscape Works
_______________________________________________________________________________________

19.

DELIVERY OF TENDER
The Tender shall be submitted in plain envelopes or packages with all joints properly
sealed with red sealing wax, without the identity of the Tenderer and shall be addressed to:
M/s Kling Consult Branch office Dubai Code Tower14th Floor Al Barsha 1P.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 the
awarding of the contract in order to ascertain that the items are extended correctly at the
rates quoted. Generally, should any error be found, the rate will remain unaltered and the
extended 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 be
amended accordingly. Any or all corrections necessary may be made without reference to
the 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 the
checking of the tender and is subsequently discovered during the contract duration, the
Employer/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
shall not be bound to give any reasons for non-acceptance of any such Tender.

21.2

Any Tender submitted that is not in accordance with these Instructions to Tenderers may be
rejected at the Employers discretion.

21.3

Any Tender may be accepted during the period of its validity by dispatch to the Tenderer of
a notice in writing from the Employer of such acceptance.

21.4.

Thereafter, the Tenderer concerned shall, forthwith upon an engrossment of the Form of
Agreement (together with the documents referred to therein) attached Volume 1 being
presented to it, duly execute and deliver the same to the Employer. Such delivery shall be
accompanied by evidence of signature authority which shall comply with Article 17 (b)
above.

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21.5

Unless and until the said Form of Agreement is so executed and delivered, the Form of
Tender and the accompanying documents referred to in Articles 17 (b), (c), (d) and, if
applicable, (e) & (f) above and (if and to the extent applicable) in Article 11 above together
with the Employers 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 of
Performance Bond by the successful Tenderer, the Engineer may give notice to all other
Tenderers who submitted complying Tenders.

21.7

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

21.8

The Employer shall not be responsible for, or be liable to pay or reimburse any Tenderer
for, any Costs incurred by any Tenderer in connection with the evaluation of the Tender
Documents, the preparation or delivery of its Tender or any subsequent attendance at preaward meetings.

22.

RETURN OF TENDER BOND


The tender bond will be returned to the successful Tenderer, upon submission of
Performance Security Bond in accordance with the Contract Conditions and the
Employers 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 of
Performance Security from successful Tenderer/Contractor or within (14) days from the
expiry date of such Tender Bonds, provided that the Tender Bond has not been confiscated
due 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 correspondence
concerning his Tender shall be addressed.

24.

NO ALTERATION TO BE MADE TO DOCUMENTS


Unless otherwise noted within the tender documents, no variation, addition, omission,
deletion, amendment or alteration of any kind whatsoever shall be made by the Tenderer to
any of the documentation comprising the Tender Documents, other than filling in all the
blanks intended to be filled in. If any such revision, addition, omission, deletion,
amendment or alteration of any kind is made to the Tender Documents the Tender shall be
rejected by the Employer.

25.

ENGINEER & ENGINEERS REPRESENTATIVE


The term Supervising Officer, (S.O.), or Architect, or Engineer where these are used, shall
be regarded as synonymous with the Engineer referred to in Clause 1.1(a)(iv) of the
Conditions of Contract.

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The term Supervising Officer's Representative, where it is used, shall be regarded as


synonymous 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 of
Building and Civil Engineering Construction (fourth edition 1987-reprinted 1988, 1992
with 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 limited
MEP 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 liabilities
for 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 of
other 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 obliged
to enter into a formal contract with the Employer, as per the Form of Agreement contained
in the tender documents. Within twenty eight (28) days from receiving the Letter of
Acceptance the successful Tenderer has to submit a Performance Security in the form of a
Bank Guarantee from a first class leading UAE bank equivalent to 10% of the Contracts
Fixed Lump Sum Price as it appears in the Letter of Acceptance. A specimen form of
Performance Security is attached to this document as Appendix B.
The bank guarantee submitted pursuant to sub-clauses 10.1 & 10.2 of the Contract
Conditions shall be retained valid during the whole of Contract Period and until the issue of
Defects Liability Certificate. The bank guarantee shall be automatically renewed before its
expiry and until the issue of Defects Liability Certificate.

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29.

CONTRACT INSURANCES
The Tenderer is notified that the contract insurances, to be provided by the successful
Tenderer under the provisions of the Conditions of Contract shall be from a first class
International 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 the
Engineer 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 SubContractors and nominated Sub-Contractors and liabilities.
Within 14 (Fourteen) days of issuance of the Letter of Acceptance to the successful
Tenderer, 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 shall
comply 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 successful
Tenderer 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 each
of the insurance policies which they would provide in the event of being awarded the
Contract. 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 the
Conditions of Contract.

31.

TENDER VALIDITY
The tender shall remain valid for a period of ninety (90) days from the date of tender
submission.

32.

BASIS OF TENDER

32.1

This is a Fixed Lump-Sum Contract. The Tenderer shall insert, where provided for in the
Form of Tender, a Fixed Lump-Sum Price for the construction, completion and
maintenance of the Works (including the remedying of any defects discovered therein),
based strictly upon the Tender Documents provided. The Fixed Lump Sum Price submitted
by the Tenderer shall be inclusive of all the Works described within the Tender Documents
issued for the Works, irrespective of whether such Works are shown and / or described in
any or all of the individual documentation comprising the Tender Documents.

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32.2

The fixed Lump Sum Price shall not be amended, except by authorized variations issued in
writing and evaluated by the Engineer subject to the Employers written approval or by
adjustments to Provisional Sums, adjustments to Prime Cost (P.C.) rates and/or remeasurement of quantities indicated as being Provisional all as defined in the Conditions
of 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 necessarily
complete, as they are indicative and provided for information only. The Tenderers are to
satisfy 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 further
information, 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 Contract
Documents 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 be
necessary for the proper construction of the works in accordance with the best practice is
implied 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 the
work 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 and
sufficiency of the tender and of the rates and prices stated in the bill of quantities, all of
which shall, except insofar as it is otherwise provided in the contract, cover all his
obligations 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 matters
and 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


Also, refer to Volume III, Bill Of Quantities, Preambles.
The Tenderer shall provide sufficient space for site offices, utility connections and facilities
to the nominated Sub-Contractors depending on the nature and volume of their works.
Assistance shall be provided by the Tenderer to the nominated Sub-Contractors for
obtaining telephone and facsimile connections. However all connection and running
charges shall be borne by the nominated Sub-Contractors.
The Tenderer shall provide sufficient storage sheds to the nominated Sub-Contractors for
storing their equipment to be positioned and work to be performed.
The above requirements shall be included by the Tenderer in his price while pricing the
same in the provisional sums.

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35.

TENDERERS TO OBTAIN INFORMATION


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 the
construction and maintenance of the works. Tenderers must also ensure to cover for any
factor 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 of
adjacent 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 to
adjacent or surrounding buildings, adjacent roads and footpaths arising from and in
connection 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 Tenderers 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 of
the 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 the
Employer for the joint tender prior to the tender submission.
The Employer reserves the right to disqualify any tender received from a joint venture of
tenderers as defined above, who have not obtained such prior permission to submit a tender
as 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 member
of the Joint Venture. The name of the signatory shall be shown in print underneath each
signature.
B. A copy of the Joint Venture Agreement that has been or which is intended to be entered
into by ventures shall accompany the Tender. Unless already specifically included in the
terms of such an agreement, the following declaration and information shall be given in
a statement signed by all the Joint venture partners which is to accompany the
commercial section of the offer :
(i) That the ventures of the Joint Venture shall be jointly and severally responsible and
liable for the execution of the Works in accordance with the terms of the Joint
Venture Agreement and that in the event that anyone of the ventures ceases to be a
member of the Joint Venture or goes into liquidation then the surviving ventures
shall have the full obligation to carry out and complete the Works and shall be
empowered to use all resources furnished by any party in the Joint Venture and
shall be entitled to have any subcontracts assigned to it.

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(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
and representative of the Joint Venture and who in such capacity is authorized to
incur liabilities and enter into a contractual relationship with third parties, to
receive instructions and action instructions from Employer and to make and
receive 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), Section
3 (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 the
Commencement Date this shall be stated in Schedule A11: Schedule of Departures. (Refer
to 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 Contracts commencement date
and should be completed within the construction period given in the Appendix A of the
Form of Tender.

39.

ADJUSTMENT ITEM AND DISCOUNT


The adjustment amount in form of Discount (if any), inserted within the Summary of the
tendered Bill of Quantities and/or in any other form of formal correspondence, shall apply
to 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. The
adjustment 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 final
account.

40.

BONA FIDE TENDER


The Tenderers hereby to certify that this tender is made in good faith, and have not fixed,
neither adjusted nor discuss this Tender or any aspect with any other party. Any evidence
of collusion or collaboration will result in rejection of their Tender.

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SECTION 2
SCOPE OF THE WORKS

JEWEL OF THE CREEK (JOC) PROJECT


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

1.

PROJECT DESCRIPTION& GENERAL REMARKS


The Project "Jewel of the Creek" is located on Plot No 129-104, Port Saeed in Dubai, UAE.
The site is bounded by Al Maktoum Bridge (NW), Baniyas Road (NE), the Floating Bridge
(SE) and Dubai Creek (SW), where a Cofferdam has been constructed.
This Tender for Package # 8 of the Jewel Of the Creek Project is for the works briefly
described in this section and as detailed in the Tender Drawings, Specifications and other
documents forming part of this Tender including the generic descriptions of items included
in the Tenders Bill of Quantities.

2.

DETAILED SCOPE OF WORKS


The Fixed Lump Sum Price entered by the Tenderer in the Form of Tender shall cover all
his financial entitlements against discharging all the obligations in the Tender Documents
to carry out the Contract Works as briefly defined and categorized here below.
However, it is important to note that part of the prescribed works hereunder are covered
under Provisional Sums as detailed in the Tenders BOQ and shall be carried out by
Nominated Sub-Contractors. Nevertheless, Tenderers shall allow for all necessary
coordination, attendances, assistances, builder works, and facilitiesetc. to be provided to
the Nominated Subcontractors in connection with the Provisional Sum Items in their Fixed
Lump Sum Price as per the Tender Documents. Accordingly, any works shown in the
Tender drawings and documents shall be treated as part of the Tenderers Scope of Works
and Liabilities.

2.1

Completion of Civil, Architectural & MEP Works for Part of (4) Basements
Tenderers to note that Other Contractors have executed all substructure works in the (4)
underground basements including the Ground Floor Slab beneath the entire area of Plot
129-104 such as enabling and excavation works, piling works, cofferdam, reinforced
concrete works including the embedded drainage pipes within the raft and limited MEP
first fix in vertical and horizontal structural members. However, the Tenderer to include in
his Fixed LS Price for completion of all civil, architectural, electromechanical works and
other miscellaneous worksetc. for the (4) Basements under the ground slab as detailed in
the Tender Documents.
The Package 8 Basement Works will include full fit-out of parts of the basement required
for parking and for BOH and services accommodation referred to hereunder as used
areas as well as works associated with the provision of service corridors in the other
parts of the basements which will be accessible for maintenance of services running
therein, referred to hereunder as un-used areas.
The Scope of Works which should be allowed for by the Tenderer in his Fixed Lump Sum Price
is as outlined in the list hereunder providing titles/brief description of such required works:

i)

All Civil and Structural Works such as, without being limited to, block works, partitions,
up-stands, pedestals and the like.

ii)

All specified finishes for Walls, Ceilings and Staircases.

iii)

Special Treatment & Application of Specified floor finishes including road markings,
parking lots and numberingetc.

iv)

Supply & Installation of Special Protection Items such as, without being limited to,
corner guards, buffers, bollards, humps, wheel stoppers and the likeetc.

v)

All the Civil & Structural Works, Finishes and MEP Works for the Back of House (BOH)
such as, without being limited to: Changing rooms, Staff facilities, Toilets, Washrooms and
all Service Rooms required for the hospitality buildingsetc.

vi)

All the Civil & Structural Works, Finishes and MEP Works (Lighting, Fire Fighting and

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Fire Alarm etc) required in the Service Corridors in the Un-used Basement Areas as
well as all Civil Works and Finishes required in the District Cooling Plant room and RMU
Control 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 and
Wet Areasetc.

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 MEP
services 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-trapsetc., Airconditioning & 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 the
Tender Documents.
Tenderers shall refer to the details provided in this tender and visit the site for any further information
for the planning and execution of the related works.
(5) Hospitality Buildings (A1 A5) & Ballroom (F3)

2.2

The Scope of Works in the superstructure of these (6) buildings forms an essential part of the
Contract Works in this Package # 8 which include the construction, completion, testing and
commissioning, handing-over and carryout the periodic and preventative maintenance during the
Defects Liability Period as stipulated in the Form of Tender.
These uses and heights of the buildings are as follows:

A1 is to be a (5) Star Hotel Building of height: G + 17 Floors.

A2 to A4 are Serviced Apartment Buildings of height: G+15 Floors.

A5 is also a Serviced Apartment Building of height G+19 Floors.

F3 is a Ballroom and Conference venue of large seating capacity of G+2 Floors, with an
attached caf.

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

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
details provided in this tender:
i)

ALL Reinforced Concrete Works (Conventional and Post-tensioned) for, without being limited
to, Columns, Core Walls, Shear Walls, Beams, Suspended Slabs, and Roof Slabsetc.

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 Interior
Dcor Contractor(s) for the Front of House FOH. These areas are identified by
reference 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 of
different thickness, Wall Plastering and Waterproofing Works of wet areas (kitchens,
bathrooms and pantries)etc. The Final Finishes shall be carried out by Nominated Interior
Dcor Subcontractor(s). These Final Finishes are described in the Tender documents and
drawings as: By ID Contractor(s).

iv)

All the Interior Dcor Works for the Front of House (FOH) will be designed by the Interior
Design Consultant selected by the Employer and relevant Interior Dcor Works shall be
carried out by one or more specialist Nominated Subcontractor(s). This item is covered
under 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 Loose
Furniture, Art works, Wooden Doors and Panels, Parquet Flooring, Cupboards, Vanities,
Kitchen Cabinets, Home Appliances, and Mirrorsetc. (Tenderers to refer to the Interior
Decor Subcontract Scope as indicated on the drawings included in Appendix F of this
Tender Document).
The Provisional Sum for ID Works shall also cover the Cost of Mock-ups of (1) Standard
and (1) Executive Guest Room. The P8 Contractor and his Nominated MEP Subcontractor
will carry out required works as Variation utilizing Contract Rates, without time
extension while the Interior Dcor Works shall be carried out by a specialist ID Contractor
selected by the Employer prior to finalizing the Interior Design Drawings.

v)

External Finishes such as, without being limited to, plastering, painting, tiles, stone
flooring and cladding, soffit claddings etc.

vi)

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

viii)

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

ix)

Swimming Pools, water features, fountains and the like.

x)

Thermal and moisture protection works in wet areas, roofs, balconies and terraces, etc.

x)

Miscellaneous metal works for handrails, steel doors and the like.

xi)

Complete Electromechanical Works (by a nominated subcontractor) such as, without being
limited to: Electrical, Plumbing, Water Supply & Drainage Works, Fire Alarm & Fire
Fighting Protections, Gas Network and Tanks, Faade Lighting, Air-conditioning &
Ventilation Installation, Audio Visual, MATV, IT and Structural cabling Systems etc.
In order to provide the Temperature / Humidity (Suitable Ambient Condition) required to
carry out the ID works, the Air-conditioning System should be Partially Operational to
achieve the same (12) months before the completion date. The Main Contractor shall
consider this Target as Milestone in his Construction Program complied with by all

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concerned entities. Power consumption associated with this provision shall be borne by the
Client.
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)

Cafs 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 Tenderer
shall 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 the
Engineer and executed by the Contractor based on the Contract rates (A Provisional Sum is
allowed for this purpose in the Tenders 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 the
executed works;

iv)

Supply & Installation of complete LPG system including Gas Tanks with all related civil
works 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 Tenders BOQ and shall be carried out by
specialist 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 of
the Provisional Sums 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 within the Contract Works
cannot be started before the elapse of 12 calendar months from the Contracts
commencement date and should be completed within the construction period given in the
appendix A of the Form of Tender.

3.

OTHER MISCELLANEOUS OBLIGATIONS & WORKS


The Tenderers shall allow in their Fixed Lump Sum Price for all the costs related to or in
connection with the following Works & Obligations:

i)

Tenderers to note that metal inserts were left in the raft for the installation of required
numbers of Tower Cranes serving the contractor in this Package # 8 i.e. for Buildings A1
to A5 and F3. The Tenderer should allow in his LS Price for the removal upon completion
of Contract Works of all such embedded cranes sections and inserts, and for closing, with
reinforced concrete slabs, all the openings left in the slabs above and making good both the
Soffits and Floor surface to receive the specified finishes and road markingetc. as
detailed in the Tender Drawings.

_______________________________________________________________________________________
Volume I - Section 2: Scope of the Works Rev-1, March 2014
Page 4 of 6

JEWEL OF THE CREEK (JOC) PROJECT


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

ii)

The Tenderers to note that for the whole balance areas of the basements (Used and Unused) 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 upstands
wherever necessary and the resulting surfaces (Floors & Soffits) shall receive the specified
finishes in the Tender drawings, while for; b) the Unused Areas the Package 7 Contractor
has cast reinforced concrete parapets (up-stands) of 1200 mm height which are to be left as
is.

iii)

The Tenderers shall allow for Saw Cutting down to the level of the Inner Creek Slab and
carting 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 concrete
wall closing the inner canal near the Floating Bridge.

v)

The Tenderers shall allow for breaking and removal of mass concrete wall adjacent to the
Floating Bridge.

vi)

The Tenderers shall allow for any temporary dewatering needed during the operations
described under items iii, iv, v above.

vii)

The Tenderers shall allow for making openings in the constructed Periphery Retaining
Walls as well as the Diaphragm Wall behind them at all locations shown in the Tender
drawings 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 the
specified and approved waterproofing material (SIKA) and employ the specified
applicator/subcontractor M/S ISAM KABANI to ensure the proper connection and
termination 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. All
entities 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 by
Package 7 Contractor with the Material Manufacturer (SIKA) and the
applicator/subcontractor (ISAM KABANI). Package 8 Contractor and his waterproofing
subcontractor/material supplier shall have the same obligation of 20 Years Tripartite
Warranty 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 the
sole 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 enclosed
in 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
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 shall include daily monitoring, periodic inspection, repairs, power consumption etc. to
the satisfaction of the Engineer.

ix)

The Tenderers shall include in their price for the cost of waterproofing and protection walls
of the Inner Creek Canal forming part of the Contract Works. Only the specified and
approved waterproofing Material (SIKA) and Subcontractor (ISAM KABANI) who has
carried out all the waterproofing works in Package 7 shall be employed by Package 8
Contractor as his domestic subcontractor for this work [A Firm quotation to carryout
relevant waterproofing works is given by M/S ISAM KABANI and copy thereof is
enclosed in Appendix G of Tender documents].

_______________________________________________________________________________________
Volume I - Section 2: Scope of the Works Rev-1, March 2014
Page 5 of 6

JEWEL OF THE CREEK (JOC) PROJECT


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

x)

The Tenderers shall allow in their price for the cost of waterproofing works of the entire
ground 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 waterproofing
works 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 removal
of cofferdam and/or any other Contractor appointed by the Employer.

xiii)

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

xiv)

The Package 8 Contractor jointly and severally together with his Waterproofing
Subcontractor and material Supplier shall provide the 20 Years Tripartite Warranty for
the 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 this
tender and visit the site to investigate and be familiar with any other works which need to be
carried 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 the
Operator of the (5) Hospitality Buildings & Ballroom after the substantial completion date.

_______________________________________________________________________________________
Volume I - Section 2: Scope of the Works Rev-1, March 2014
Page 6 of 6

SECTION 3
FORM OF TENDER AND
APPENDIX TO TENDER

JEWEL OF THE CREEK (JOC) PROJECT


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 AT


PORT 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 and
reliable 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 Contract
Documents.

4.

We confirm that we have fully taken into account the Tender Addendum and Circulars
listed below, copies of which are returned with our Tender.

_______________________________________________________________________________________
Volume I - Section 3: Form of Tender and Appendix to Tender Rev-0, Dec 2013
Page 1 of 5

JEWEL OF THE CREEK (JOC) PROJECT


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

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
thereof, comprised in the Contract within the Period for Completion as given in the
Appendix 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 local
authorities.

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 before
commencing 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.

11.

We enclose herewith in your favour, our Tender security in the Sum of UAE.
Dirhams

. (i.e. AED..) in the form of a confirmed unconditional and


irrevocable
bank
security
issued
or
confirmed
by
...........................................

12.

We understand that you are not bound to accept the lowest or any Tender you may receive.

_______________________________________________________________________________________
Volume I - Section 3: Form of Tender and Appendix to Tender Rev-0, Dec 2013
Page 2 of 5

JEWEL OF THE CREEK (JOC) PROJECT


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

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

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

_______________________________________________________________________________________
Volume I - Section 3: Form of Tender and Appendix to Tender Rev-0, Dec 2013
Page 3 of 5

JEWEL OF THE CREEK (JOC) PROJECT


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

APPENDIX (A)
TO FORM OF TENDER
(The sub-clause numbers stated herein refer to the Sub-clause of the Conditions of Contract in
Volume I-Section 5, 6 & 7 of the tender documents)
DESCRIPTION

Amount of Performance Security

Insurance of the Works (CAR)

SubClause

PARTICULARS

10.1

10% of Contract Price to be submitted


within (28) days from the date of Letter
of Acceptance.

21.1 (a) 115% of the Contract Price to be valid


till the issue of Defects Liability
Certificate.

Minimum Amount of Third Party Liability

23.1

UAE Dirhams Two (2) Million per


occurrence. Number of Occurrences
Unlimited.

Commencement of the Works

41.1

Within (7) days from the Engineers


notice to commence.

Possession of Site and Access thereto

42.1

Within seven (7) days from the


Engineers notice to commence the
works.

Time for Completion of Works

43.1

36 Months including Mobilization &


Local Authorities Permits.

Overtime

45.2

Rates for Engineers Overtime shall be as


per Volume I Section 7: Schedule of
Engineers Rates (Overtime Rates).

_______________________________________________________________________________________
Volume I - Section 3: Form of Tender and Appendix to Tender Rev-0, Dec 2013
Page 4 of 5

JEWEL OF THE CREEK (JOC) PROJECT


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

DESCRIPTION
Engineers Supervision Fees beyond
the time for completion
Penalty for Delays

SubPARTICULARS
Clause
45.3 Rates for Engineers Supervision shall be
as per Volume I Section 7: Schedule of
Engineers Rates (Supervision Rates).
47.1

For Employer;
AED 500,000 per day.

Maximum Amount of Penalty for delay

47.3

10% Of the Contracts 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 of


receipt of Engineers Certificate.

Rate of Interest upon unpaid sums/amount

60.10

NIL

Percentage for Attendance, Overheads &

(10%) Ten Percent.

Profits for Varied/ Additional Works not


Covered in contract.

Initials of Tenderers Signatory & Companys Seal: ....................................................

_______________________________________________________________________________________
Volume I - Section 3: Form of Tender and Appendix to Tender Rev-0, Dec 2013
Page 5 of 5

SECTION 4
FORM OF AGREEMENT

JEWEL OF THE CREEK (JOC) PROJECT


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

FORM OF AGREEMENT
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 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) 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 respectively
assigned 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.
.{in
words} (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 this
Agreement, viz :
(a)
The Contract Agreement.
(b)
The Letter of Acceptance.
(c)
The Tender including Tenders 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)
Any other document forming Part of the Contract Agreement.

..
4.

In consideration of the payments to be made by the Employer to the Contractor as


hereinafter mentioned the Contractor hereby covenants with the Employer to construct,
complete and maintain the Works in conformity with the provisions of the Contract.

5.

The Employer hereby covenants to pay the Contractor in consideration of the construction,
completion and maintenance of the works the Contract Price at the times and in the manner
prescribed by the Contract.

_______________________________________________________________________________________
Volume I - Section 4: Form of Agreement- Rev-0, Dec 2013
Page 1 of 2

JEWEL OF THE CREEK (JOC) PROJECT


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

6.

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

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

SIGNED BY

Duly authorized to sign this Contract for and on


Behalf 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 on


Behalf of the {Contractors Name}
In the presence of: Name

: ..

Signature

: ..

Address

: ..
: ..

Occupation

: ..

Stamp

: ..

_______________________________________________________________________________________
Volume I - Section 4: Form of Agreement- Rev-0, Dec 2013
Page 2 of 2

SECTION 5
PART I - GENERAL CONDITIONS OF
CONTRACT

JEWEL OF THE CREEK (JOC) PROJECT


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

PART I - GENERAL CONDITIONS OF CONTRACT


The General Conditions of Contract shall be the Conditions of Contract for Works of Civil
Engineering Construction (Fourth Edition 1987, reprinted 1988, 1992 with amendments)* PART
(I) published by Federation International Des Ingenieurs-Conseils (FIDIC), and amended or
supplemented by Conditions of Particular Application following in PART (II) hereunder. In the
avoidance of doubt, the Conditions of Particular Application shall take precedence over the General
Conditions 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 tender
stage and to be fully aware of and to have understood the content thereof.

_______________________________________________________________________________________
Volume I - Section 5: Part I General Conditions of Contract Rev-0, Dec 2013
Page 1 of 1

SECTION 6
PART II - CONDITIONS OF PARTICULAR
APPLICATIONS

JEWEL OF THE CREEK (JOC) PROJECT


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

PART II - CONDITIONS OF PARTICULAR APPLICATIONS


The following numerical references are to the Clause and Sub-Clause numbers in Part 1 - General
Conditions 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 Contract
Document, 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 SubClause:Contractor means the person or persons, firm or company whos tender has been
accepted by the Employer and includes the Contractors 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
tender and/or Contract Document they shall be construed as being the same as
Engineer and vice versa, unless otherwise stated.
Insert the following Sub-Clause at the end of Sub-Clause 1.1(a):(a)(vi) Consultant or Sub-Consultant: means any company or person who has been
appointed directly by the Employer or the Engineer to undertake section of the
work scope of which falls within their specialist field. Such companies, persons or
their employees are responsible to the Engineer and do not have the authority to
perform the duties set forth in Clause 2 hereof unless specifically notified in
writing to the Contractor by the Engineer.
Insert the following Sub-Clauses at the end of Sub-Clause 1.1(b):(b)(ix) Lump Sum: means the price inserted by the Tenderer in the Form of Tender
(and/or Form of Agreement) or any modification therein for the Works including

_______________________________________________________________________________________
Volume I - Section 6: Particular Conditions of Contract Rev-2, Feb 2014
Page 1 of 28

JEWEL OF THE CREEK (JOC) PROJECT


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

Provisional Sums, P.C. Rate and plus the amount of attendance on such Provisional
Sums and P.C. Rate.
(b)(x) Breakdown of Lump Sum Items: means the breakdown in the scheduled activities
of the Project Program of Work of the Lump Sum items in the B.O.Q. giving
amounts 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 the
opinion of the Engineer, to issue a Taking-Over Certificate pursuant to Clause 48.1
of these conditions.
2.1

Engineers 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 amendments
to 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 seek
the approval of the Employer prior to:
Consenting to the Contractors programme submitted under clause 14.
Issuing any Taking Over Certificate under Clause 48, of these Conditions of
Contract.
Issuing a Defects Liability Certificate under Clause 62 of these Conditions of
Contract.
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 Particular
Application 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 a
decision 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 his
duties and responsibilities under the Contract, instruct the Contractor to execute all such
work or to do all such things as may, in the opinion of the Engineer, be necessary to abate
or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval
of the Employer, with any such instruction of the Engineer.

4.1

Subcontracting
In Sub-Clause 4.1, first paragraph: In the first line, after the word Works insert the
following nor execute any named specialist Subcontract works himself. In the first and
second line delete the words Except where otherwise provided by the Contract, the
replace with The. In the third line, after the word Engineer insert the following which
shall not be unreasonably withheld.
Delete Sub-Clause 4.1 (c) in its entirety and replace with the following Sub-Clause:(c) The Contractor is not allowed to carry out the works by himself for works where
specialist subcontractors are specified.

_______________________________________________________________________________________
Volume I - Section 6: Particular Conditions of Contract Rev-2, Feb 2014
Page 2 of 28

JEWEL OF THE CREEK (JOC) PROJECT


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

Insert the following at the end of Sub-Clause 4.1:(d) Without subjecting the Contractors discretion to use any of the specified
subcontractors, equipments or materials he should seek the Engineers consent on
Particulars of his intended use and such consent shall not be unreasonably withheld.

4.2

Insert the following Sub-Clause after Sub-Clause 4.2;


Contractor to supply drawings and specifications to Subcontractors.
The Contractor must supply to his subcontractors all drawings, relevant parts of the
specifications and any other information, which is necessary for or will assist the
Subcontractor 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 Documents
shall 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 English
language 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 the
United Arab Emirates and the Emirate of Dubai. Any difference that may arise between the
Employer 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 Tenders 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 are
complementary 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 and
raised all discrepancies among them before submitting his Tender, thus the Contractor shall
be the solely responsible about any such discrepancies later on and shall absorb all
additional cost consequent thereon.

6.3

Disruption of Progress
Insert the following at the end of Sub-Clause 6.3:Such notice shall be issued no later than 15 days prior to the planning or execution of the
Works is likely to be delayed or disrupted.

_______________________________________________________________________________________
Volume I - Section 6: Particular Conditions of Contract Rev-2, Feb 2014
Page 3 of 28

JEWEL OF THE CREEK (JOC) PROJECT


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

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
execution of the Works. Failure to give notice under Sub-Clauses 6.3 and 7.1 will eliminate
the Contractors right to claim for extensions of time under Sub-Clause 6.4. The Contractor
shall not be entitled to any addition to the Contract Price if such drawings, specifications or
instructions do not incur additional Work pursuant to clause 51 of Contract Conditions.

8.3

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


No reduction in responsibility
The responsibility of the Contractor under and in accordance with the Contract (including
responsibility for design, design development and documentation of the Whole Works) is
not relieved or reduced by: (a) The review, vetting or approval of any proposals of the Contractor in relation to
systems, 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 the
Works under the Contract.
(b) The estimating of quantities by the Employer.
(c) The provision, review, vetting of the construction programs supplied either with the
Contractors tender or under the Contract.
(d) The provision, review, vetting or approval of the make-up of the Contractors rates and
prices in the Bill of Quantities.
(e) Any difficulties which the Contractor might have in satisfying the design, design
development, commissioning, performance and other criteria for the work under the
Contract 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 appertaining
to 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
8.3 does not relieve the Contractor of any of his obligations under the Contract.
The Contractor shall perform all his obligations under the contract strictly in accordance
with the standards of skill, care and diligence adhered to by experienced and competent
Contractors specializing in work of the particular type, nature and magnitude, and shall not
unreasonably object to any measures adopted by the Engineer in the general interest of
works and quality control.

8.5

Contract rates and lump sums cover everything


The Contractor acknowledges that despite any review, approval or vetting, the rates and
lump sums in the Contract include the cost of the whole of the work under the Contract.

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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, the
Contractor 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 of
Acceptance to assure the due performance of all his obligations pertaining to the
Contract.
(b) The performance security shall be confirmed, irrevocable and unconditional guarantee
issued 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 to
the limitation of the security shall become immediately payable by the bank to the
Employer upon his first demand without any requirement for proof or conditions.
(c) The amount of Performance Security shall be automatically and proportionally
increased 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 Liability
Certificate pursuant to Sub-Clause 2.1 and 62.1 of these conditions and shall be released to
the 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 and
agreed with the Employer and/or formerly withdrawn by the Contractor.

11.1

Delete Sub-clause 11.1 in its entirety and replace with the following:
Inspection of Site
The Tenderer/ Contractor shall be deemed to have inspected and examined the Site and its
surroundings and information available in connection therewith and to have fully satisfied
himself (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 completion
of 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 necessity for coordination with other Contractors working on the site.

12.3

In general, the Tenderer shall be deemed to have obtained all the necessary informationas
to the risks, contingencies and all other circumstances, which may influence or affect his
Tender.
Insert the following Sub-Clause after Sub-Clause 12.2;
Payment of Fees for Statutory Authorities
The Contractor shall pay all fees and charges payable to Dubai Municipality and/or any
other Local Authority. The Employer will reimburse the Contractor for the actual cost paid
(with out any overheads and profits) on behalf of the Employer for Permanent Services
Connection Fees only, in the first successive interim payment pursuant to Clause 60.

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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 within
which 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 Engineers consent of
Level 2 Programme.
14.2

Revised Programme
Substitute the sentence Time for Completion at the end of the sub-clause 14.2 by the
sentence completion dates as below: then insert the following thereafter:
a) If the Contractor in culpable delay then the Engineer would require a Revised
Programme 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 the
Engineer 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 Method
Statement 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 proper
monitoring of the works in progress and contractors performance to complete with the
Time for Completion stated in the Appendix to Tender; or
d) 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 be
fourteen (14) days from the Engineer request.
The Contractor shall submit to the Engineer any and all information required by him at any
time 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 free
access to all available data and information, including the right to reproduce such data and
information, as he may require to follow-up the progress of work.

14.3

Cash Flow to be Submitted


Delete the word quarterly and substitute in monthly in the third line and at monthly
in the fifth line.
Insert the following sentence at the end of Sub-Clause 14.3:By virtue of Volume II (A) Section 01310: Construction Programme, The Time within
which the Cash Flow to be submitted shall be twenty one (21) days from the date of the
Engineers consent of Level 2 Programme.

14.4

Contractor not Relieved of Duties or Responsibilities


Delete Sub-Clause 14.4 in its entirety and replace with the following Sub-Clause:The submission to and consent by the Engineer of such programs or the provision of such
general descriptions or cash flow estimates shall not relieve the Contractor of any of his

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

15.2

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


Language ability of Contractors Representative
The Contractors authorized representative shall be fluent in the English language (both
written and spoken).

16.1

Contractors 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 of
the 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 used
for 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 such
errors 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 against
fire hazards.
(e) The Contractor shall be presumed to be in possession of Code of Construction Safety
Practice (2007) issued by Dubai Municipality regarding protection to the human being
resources from dangers and accident and shall comply with all aspects with the
regulations of all service authorities in carrying out his obligations under the contract
whether 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 recommendations
regarding fire protection made by the representatives of the Civil Defence fire service,
fire insurance company carrying insurance on the works or the Engineer or his
representatives.
(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 extinguishing
fire, ready for instant use, distributed around the project and in and about temporary
inflammable structures during construction of work.
(h) Store and dispense gasoline and other flammable liquids in / from safety containers.
Storage shall not be within the buildings.
(i) Approve torch-cutting and welding operations performed by subcontractors. Before
such work is started, and chemical extinguishers shall be available at each location
where such work is in progress.
(j) Keep the works orderly and free from all combustible rubbish which shall be promptly
and legally removed from site.

21.1

Insurance of Works and Contractors Equipment


Insert the following Sub-Clauses to Sub-Clause 21.1;
(d) The executed works by previous contractors namely the (4) underground basements.

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(e) The Site Offices of the Employer and the Engineer including its furniture and
equipment.
25.1

Evidence and Terms of Insurance


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 the
receipt of the Letter of Acceptance".
In the last line of Sub-Clause 25.1, delete the words "insurer" and substitute with "any
acceptable 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; "The
Contractor shall allow for all such costs properly payable in respect of such fees."

26.2

Insert the following Sub-Clause after Sub-Clause 26.1;


Mandatory Permits
The Contractor shall apply to and liaise with the municipal or other authorities for any
required 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 the
issuing 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 arranging
inspection by the issuing authority and for obtaining its certificate of completion and other
approvals 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

Insert the following Sub-Clauses after Sub-Clause 29.1;


Avoid Obstruction and Damage to Services
The Contractor must avoid obstructing or damaging roads, footpaths, drains, watercourses,
public utilities and other services on or adjacent to the Site:
(a) Which are visible or referred to in the Contract, or;
(b) The location of which can be ascertained by the Contractor from the appropriate authority.
If the Contractor or a person for whom the Contractor is responsible obstructs or damages
anything referred to in this Sub-Clause, the Contractor must at his own cost immediately
remove the obstruction and rectify the damage.

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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 Works
in 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 the
directions 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 or
other temporary or permanent works by other packages Contractors.
(e) If there are other Contractors, subcontractors or other persons authorized by the
Engineer 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 reduce
and 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 such
manner as the cause interference with the work of others, the Contractor shall, at its
own 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 the
site by using another party and deduct the cost of doing so from monies due or to become
due 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 Engineers 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 TakingOver Certificate relates, all surplus material, rubbish and debris and leave the area clean for
the inspection.

34.1

Employment of Staff and Labour


Insert the following at the end of Sub-Clause 34.1:All arrangements for all staff and labour, local or other, and for their payment, housing,
feeding and transport, shall be in accordance with the Laws of the Emirate of Dubai and of
the United Arab Emirates, in particular the Labour Law.

34.2

Insert the following Sub-Clauses after Sub-Clause 34.1;


Supply of Water and Electricity
The Contractor shall provide on the Site, to the satisfaction of the Engineer, an adequate
supply of water and electric power for the use in the Works and site facilities. The source of
potable water for all the site offices, and the workforce shall be to the approval of the
Engineer.

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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 to
obey such regulations. The Contractor shall be responsible for keeping discipline on the site
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 regulations
or who refuses to carryout instructions given to him by the Contractor on the representation
of 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 compliance
with the Labour Law, and any other local labour legislation now in force, or likely to come
into 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 safety
of 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 suitable
ambulance 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 and
labour employed on the site from insect nuisance, rats and other pests and reduce the
dangers 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 all
regulations of the local health authorities in these respects and shall in particular arrange to
spray 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 Contractor
shall 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 by
Government of Dubai and the United Arab Emirates, or the local medical or sanitary
authorities, for the purposes of dealing with and over-coming the same.

34.8

Burial of the Dead


The Contractor shall make all necessary arrangements for the transport, to any place as
required for burial, of any of his expatriate employees or members of their families who
may die in the United Arab Emirates. The Contractor shall also be responsible, to the extent
required by the local regulations, for making any arrangements with regard to burial of any
of his local employees who may die while engaged upon the Works.

34.9

Alcoholic Liquor or Drugs


The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances and
Government Regulations or Orders for the time being in force, import, sell, give, barter or
otherwise dispose of any alcoholic liquor or drugs, to permit or suffer any such importation,
sale gift, barter or disposal by his Subcontractors, agents, staff or labour.

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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, riotous
or 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 their
dealings, 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 the
Government and religious or other customs.

34.13 Sanitary Facilities


Sanitary conveniences for the use of persons employed on the Works shall be provided and
maintained 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 temporary
arrangements for the proper discharge of sewage and drainage from or in connection with
the Works and shall maintain the same to the satisfaction of the Engineer and the authority
concerned as long as they may be required.
34.14

Observance by Subcontractors
The Contractor shall be responsible for the observance by Subcontractors employed by him
for 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 of
staff 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
the case of any fatality the Contractor shall in addition, notify the police and the Engineer
immediately by the quickest available means.

34.18

Labour Accommodation
This shall be off site. Site not be used by the Contractor or his employees for
the purpose of a living or sleeping facility.

34.19

Dress Code
All Contractors personnel shall be properly dressed and display identification name tag.

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36.1

Quality of Materials, Plant and Workmanship


Insert the following at the end of Sub-Clause 36.1:The Contractor shall give the Engineer upon request full particulars of the mode and place
of 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,
machinery or other equipment to be used in connection with the Contract. The Contractor
shall before he arranges manufacture off site of any works or fabricated material to be used
in connection with the Contract give the Engineer reasonable written notice of his intention
to do so. The Contractor shall at his own cost provide adequate storage and protection for
all materials so as to preserve their quality and fitness for the Works.
The Contractor shall make all submittals of materials and shop drawings in sufficient
details. The Engineer shall review, comment, approve or reject the said submittals within
fifteen (15) days of receiving it.

37.2

Inspection and Testing


Insert the following at the end of Sub-Clause 37.2: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 this
notice shall relieve the Engineer of any consequences, which the Contractor may suffer.

38.1

Examination of Work before covering up.


Delete Sub-Clause 38.1 in its entirety and replace with the following Sub-Clause:No part of the Works shall be covered up or put out of view without the approval of the
Engineer and the Contractor shall afford full opportunity for the Engineer to examine and
check 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 shall
give 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 unreasonable
delay, 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
Delete Sub-Clause 41.1 in its entirety and replace with the following Sub-Clause:The Contractor shall commence the Works on Site within the period named in the
Appendix to Tender after receipt by him of a written notice to this effect from the Engineer
and shall proceed with the same with due expedition and without delay.

42.1

Possession of Site and Access Thereto


Delete Sub-Clause 42.1 in its entirety and replace with the following Sub-Clause:The Employer will give to the Contractor possession of the site within seven (7) days
from Engineers notice to commence the Works.

43.1

Time for Completion


Insert the following at the end of Sub-Clause 43.1:The time for completion or such extended time as may be allowed under Clause 44 shall be
deemed to include without limitation;
(a) all Fridays and public holidays;

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(b) all periods prohibited by federal, local and/or municipal law for working during the
summer 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
utilization in the Works;
(e) the time needed to acquire any certificate of completion from any concerned authorities.

44.4

Insert the following Sub-Clauses after Sub-Clause 44.3;


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 any
Section or Part thereof pursuant to Sub-clause 44.1 then the additional costs incurred by the
Contractor during the granted extension of time for completion of Contract Works shall be
evaluated by the Engineer solely in utilizing the rates existing (if applicable) in the Contract
Bills Of Quantities without any entitlement for additional costs of the Contractors
head/parent company office.

44.5

Saving of Time
Where, pursuant to sub-clause 51.1, genuine decrease or omission of any work included in
the Contract applies or if the Contractor gives notice pursuant to sub-clause 40.3 the
Engineer 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


Delete Sub-Clause 45.1 in its entirety and replace with the following Sub-Clause: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, during
mandatory public holidays, beyond shortened working hours during the month of Ramadan
and during daily restricted hours dictated by the federal, local and/or zoning authorities in
the summer months.
Furthermore no Works shall proceed without the consent of the Engineer beyond the
Engineer's approved daily working hours by the Employer including without limitation at
nights, on Fridays and on public holidays where the federal, local and/or zoning authorities
do not prohibit Works to proceed at such times. While such consent shall not be
unreasonably withheld by the Engineer, the same shall be subject to any and all prior
permissions and approvals required being sought and granted from all concerned
authorities, including without limitation the municipality, and the Contractor shall at all
times remain responsible for completing the Works within the prescribed Time or Times
for Completion described in the Appendix to Tender.

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45.2

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


In the event that the Engineer's Representative or any of his Assistants appointed pursuant to
Clause 2.4 of the Contract Conditions is required to supervise the Contractors Works beyond
the Employers approved daily working hours or on Fridays or on public holidays officially
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 the
Contractor such amounts against the Engineers 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 Overtimes date, location, duration and the due amount duly signed
and stamped by the Contractor and endorsed by the Engineers Representative;
(b) The monthly cumulative amount due to the Engineer against the Overtime hours shall be
included in the successive Interim Payment Certificates issued by the Engineer pursuant to
Clause 60.2 of Contract Conditions and deducted from the Contractors entitlement.
The rates of the Engineer Overtime shall be as stated in Volume I, Section 7-Schedule of
Engineers Rates (Overtime Rates).

45.3

Engineers Extended Supervision


In the event that the Engineer and Engineers Representatives are obliged to supervise the
Contractors 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 Employer
shall be deducted from any money due or shall become due to the Contractor under the
Contract unless such extended supervision period is covered by an extension of time for
completion granted in accordance with Sub-Clause 44.1 of Contract Conditions.
Provided that the associated costs against the Engineers supervision shall be in accordance
with Volume I, Section 7 Schedule of Engineers 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 Engineers
Extended Supervision apart from any penalty deducted pursuant to Sub-Clause 47.1 or its
limitation in Sub-Clause 47.3 of these conditions. The final amounts deducted by the
Employer 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 and
such necessary adjustments shall be made in the Final Payment Certificate issued pursuant
to Sub-Clause 60.8 of Contract Conditions.

45.4

Indemnity to Employer
In addition to the Employers rights for deductions pursuant to Sub-Clauses 45.3, 47.1 and
47.3 of Contract Conditions, the Contractor agrees to indemnify and save harmless the
Employer in relation to any costs, claims, expenses, loses, or liabilities such as, without being
limited to, cost of any Project or Construction Management firms engaged by the Employer
for the Contract Works in addition to the cost of his own Representatives on Siteetc. which
the Employer suffers due to or in connection with failure of the Contractor to complete the
Contract Works or any Section thereof within the Time for Completion stipulated in the
Appendix to Tender or any extended time for completion granted in accordance with SubClause 44.1 of Contract Conditions.

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47.1

Delete Sub-Clause 47.1 in its entirety and replace with the following Sub-Clause:Penalty for Delays
If the Contractor fails to comply with the Time for Completion in accordance with Clause
48 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
Contractor shall pay to the Employer the relevant sum stated in the Appendix to Form of
Tender as penalty for such default for every day or part of a day which shall elapse between
the 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 Employer
without prejudice to any other method of recovery and without necessity of any court action
or legal proceedings and without proof of financial losses incurred by the Employer may
deduct the amount of such penalties from any monies due or to become due to the
Contractor. 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 and
liabilities under the Contract.

47.2

Reduction of Liquidated Damages

47.2

Delete Sub-Clause 47.2 in its entirety and replace with the following Sub-Clause: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, for
any period of delay after the date stated in such Taking-Over Certificate, and in the absence
of alternative provisions in the Contract, be reduced in the proportion which the value of
the 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 not
affect the limit thereof.

47.3

Insert the following after Sub-Clause 47.2: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 incorporating
all Variations and adjustments of Provisional sums and PC Rate items. The aforementioned
limit is only applicable to the penalty for delay in completion of Contract Works pursuant
to Clause 47.1 but does not prejudice the Employers right to recover any other additional
costs, claims, expenses, losses or liabilitiesetc. referred to in the Sub-clauses 45.3 & 45.4
of these conditions of contract. .

48.1

Taking-Over Certificate
Delete the full stop in the fourth line after the words Defects Liability Period and insert
the words and by the date stated in the Taking Over Certificate issued by the Engineer,
failing which, the Employer has the right of recourse pursuant to Sub-Clause 49.4.
Insert the following at the end of Sub-Clause 48.1:The Works will only be considered as Substantially Completed and necessary TakingOver Certificate issued by the Engineer when all final Main Services Connections have
been completed and the Contract Works have been tested and commissioned as prescribed
in the Contract documents, unless in the opinion of the Engineer these connections have

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been excessively delayed for reasons beyond the control of the Contractor. It is the
Contractors responsibility to arrange for all Main Services Connections as necessary.
49.2

Completion of Outstanding Work and Remedying Defects


Insert 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 its
expiration, as a result of an inspection made by or on behalf of the Engineer prior to its
expiration, instruct the Contractor to execute.

49.5

Insert the following after Sub-Clause 49.4:Temporary Reinstatement


Any work of temporary reinstatement to any road, structure, property or other land
expressly required by the Contract shall be considered to be a part of the Permanent Works
for 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 Works
until 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 further
works 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".
Insert the following at the end of Sub-Clause 51.2:Upon receipt of such written instruction from the Engineer, the Contractor has an
obligation to proceed with the relevant varied Works irrespective of the finalisation of its
value 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 in
writing 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 Contractor
shall 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
Insert the following at the end of Sub-Clause 52.1:Wherever the Bill Of Quantities rates are used in the evaluation of variations the Contractor
shall not be entitled for any overheads, profit, attendance or any other additional payment
other than the Bill of Quantities rate. Provided that the utilization of the Bills of Quantities
rates shall be extended up to the expiry of Defects Liability Period in case this was found
necessary.

52.3

Variations Exceeding 15 per cent


Delete Sub-Clause 52.3 in its entirety.

53.1

Notice of Claim
Delete Sub-Clause 53.1 in its entirety and replace with the following Sub-Clause:The Contractor shall give prior notification to the Engineer in writing of any claim which
he intends to make for any additional payments to which he may consider himself entitled.
Such prior notification shall be given within fourteen (14) days of the commencement of
the occurrence occasioning such claim. On the last day of every month the Contractor shall
submit to the Engineer a fully detailed account giving particulars of all such claims for
costs and profit (where applicable) for which prior notification has been given. No claim

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will be considered unless such prior notification and fully detailed account in respect of
such 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
Sub-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 and
materials 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, the
Contractor 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 missing
items as he considers necessary.
b) The rates in the Bills of Quantities shall be used for the evaluation of the Interim
Payments and authorized Variations of the Works. However, the quantities of the
executed Works shall not be subject of re-measurement except those quantities marked
in the Bills of Quantities as Provisional Quantity.
c) The Contractor shall not use the quantities in the Contract's Bills of Quantities for
ordering 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 with
the Contract drawings, specifications, and conditions of contract and the like enabling
him to complete the Contract Works.
d) The Contractor should have allowed, during the tender stage, for any items required for
completion 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's
Bills of Quantities should be allowed for in the Adjustment Schedule appended
therewith.

56.1

Works to be Measured
Delete Sub-Clause 56.1 in its entirety and replace with the following Sub-Clause:This is a Fixed Lump Sum Price Contract and shall not be subject to re-measurement except
where specifically provided for in the Contract. If the work is varied by the Engineer, only
that part varied will be re-measured. If the Engineer requires any part or parts of the works to
be measured, he shall give notice to the Contractor who shall forthwith send a qualified agent
to carry out such measurement. The Contractor shall furnish the Engineer with all particulars
and measurements he requires for checking and approval. Should the Contractor not attend or
neglect or omit to send such an agent then the measurement made by the Engineer or
approved by him shall be taken to be the correct measurement of the work. Quantities of work
omitted shall be re-measured from the original contract drawings and shall be agreed by the
Engineer before the value of variation is calculated.

57.2

Breakdown of Lump Sum Items


In the second line of Sub-Clause 57.2 delete the words "28 days" and substitute with the
words "14 days".

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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 selected
Subcontractor for the relevant Supply or Execution of specialist Works shall be
delegated via an Engineer's Instruction to the Contractor. The selected Subcontractor
shall thereafter be treated as "Domestic Subcontractor" in all terms regarding the
discharge of his contractual obligations particularly in the execution of his part of
Contract 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 conditions
which 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 (1 st Edition 1994)

59.5

Certification of Payments of Nominated Subcontractors


Delete third paragraph of this clause, commencing with "the Employer shall be -----" and
ending with "-----Employer to the contractor." and substitute with the following;
The Engineer shall withhold any further Interim Payment Certificates pursuant to Subclause 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 Nominated
Subcontractors.
Alternatively the Employer shall be entitled to pay to such Subcontractor direct, upon the
certificate 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 set
off the amount so paid by the Employer from any sums due or which may become due from
the 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
discharged by the Contractor.

60.2

Monthly Payments
In the last paragraph of Sub-Clause 60.2, third line, after the word security, delete the
remainder and insert the following the insurances in accordance with Sub-Clause 25.1,
breakdown of lump sum items in accordance with Sub-Clause 57.2 and the Contract Bill
Of Quantities has been provided by the Contractor and approved by the Employer.

60.3

Payment of Retention Money


Insert the following at the end of Sub-Clause 60.3(a) before the full stop:subject to the Contractors complete submission of all the operation and maintenance
manuals, together with the as built drawings, and spare parts have been provided to the

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Employer in accordance with the Contract documents to the satisfaction of the Engineer,
and that the Works required by the Engineers snagging of the Works has been completed.
60.4

Correction of Certificates
Insert the following at the end of Sub-Clause 60.4:The Employer may by any Interim Payment Certificate make any correction or
modification in any previous Interim Payment Certificate which shall have been issued by
the 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 substitute
with the words "within the time stated in the Appendix to Tender".

60.11

Insert the following Sub-Clauses after Sub-Clause 60.10;


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 the
Contractor 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 the
Employer 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 a
confirmed and unconditional Bank Guarantee of equivalent amount of Advance Payment in
the form provided in Volume (I) of the Tender documents, issued by a first class bank
domiciled in the Emirate of Dubai acceptable to the Employer. The Employer shall within
forty five (45) days of receipt of the Advance Payment Certificate from the Engineer
accompanied by the said bank guarantee, pay to the Contractor the certified amount without
subjecting such payment to any retention.
The amount of advance payment shall be recovered from the interim payments due to the
Contractor against his own Works and other items executed in the Bills of Quantities and
consequently the amount of advance payment bank guarantee shall be reduced until the full
amount of advance payment has been recovered. Provided that upon the issue of Taking
over Certificate for the whole of the Works or upon the happening of any of the events
specified in Sub-clause 63.1 or the termination of Contract pursuant to Clauses 65, 66 & 69

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then the whole outstanding amount of the Advance Payment shall immediately become due
and 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


Delete Sub-Clause 65.5 in its entirety.

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 substitute
with 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 Arab
Emirates 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 the
Engineer under the terms of Contract shall unless otherwise advised be served by delivering
the same to:
Employer:
Dubai International Real Estate
P.O. Box 29000,
Dubai, United Arab Emirates
Tel: 04-3492222
Fax: 04-3448000
Engineer:

69.1

Partnership Kling Consult and Kieferle & Partners,


P.O. Box: 114627,
Dubai, United Arab Emirates
Tel.: 04 - 3828500
Fax: 04 3828501

Default of Employer:
Delete last sentence of the clause, "Such termination shall take effect 14 days after the
giving of the notice.", and substitute by the following;

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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 the
payments.." and ending with ".consequence of such termination." and
substitute with the following;
and payments shall be made as specified under Sub-Clause 65.8".

69.6

Insert the following after Sub-Clause 69.5:Employers Entitlement to Terminate


The Employer shall be entitled to terminate the Contract, at any time for the Employers
convenience, 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 the
Contractors receipt of the said letter.
After such termination, the Contractor shall proceed as if the contract had been terminated
under provisions of Clause 65, and payments shall be made as specified under Sub-Clause
63.2, 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 works
except as aforesaid in Sub-Clause 65.5.

70.2

Subsequent legislation
Delete Sub-Clause 70.2 in its entirety.

72.1

Rates of Exchange

72.2

Delete Sub-Clause 72.1 in its entirety.


Currency Proportions
Delete Sub-Clause 72.2 in its entirety.

72.3

Currencies of Payment for Provisional Sums


Delete Sub-Clause 72.3 in its entirety.

73.1

The following additional clauses are inserted;


Liability, Safety of Construction
a) The Contractor shall be held responsible, for a period of Ten (10) years after issuance
of The Defects Liability Certificate for the safety of construction and for any defect
in the Works resulting from error, omission or negligence of the Contractor or his staff
provided that such defects become apparent during the period of ten years after
issuance of The Defects Liability Certificate for the part of the Works in question. The
approval of the Engineer shall not in any way absolve or relieve the Contractor from
any such obligations, responsibility or liability.

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b) Waterproofing: - The Contractor shall take full responsibility of the waterproofing


works and should furnish to the Employer with back-to-back guarantees with the
waterproofing Subcontractor and the material supplier towards all waterproofing works
in the Contract. The guarantees shall be for a period of 10 years for super structure
waterproofing and 20 years for sub structure waterproofing as specified in the relevant
section of the Specifications and such period shall start from the substantial completion
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 to
the 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 the
Permanent 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 pointing
out 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, for
such temporary purposes is inadequate, he shall apply to the Engineer giving details of
his 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.

75

Security of Payment

75.1

Contractor to lodge declarations


At the Engineer's request, the Contractor must provide reasonable proof that all payments to
all domestic Subcontractors / Suppliers and Workers in respect of work, goods, materials,
plant or services have been paid or discharged by the Contractor.

75.2

Employer May Withhold Payment to the Contractor


In the following cases if:
a) Money due and payable to a Worker or Subcontractor is unpaid; then the Employer
may withhold payment to the Contractor of an amount equal to the unpaid money;

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b) Benefits to which a Worker or Subcontractor is entitled have not been received by or


accrued to that Worker or Subcontractor, then the Employer may withhold payment to
the Contractor of an amount which reasonably approximates the value of the benefits;
c) A Subcontractor has failed to comply with his contractual obligation; then the
Employer might withhold payment to the Contractor of an amount equal to the amount
due to that Subcontractor.
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 all
Variations and adjustment of Provisional Sum and Prime Cost items then the Employer
reserves 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 the
Contractor 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 possession
or occupation or use by the Employer interferes in the opinion of the Engineer with the
completion of the said part or parts of the Works or the Works generally, due allowance shall be
made 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 reasonable
for the completion of the said part or parts.
Should the Contractor be involved in extra expense by reason of the operation of this
Clause, 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 Arab
Emirates 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 Arab
Emirates laws conflict with the laws of Contractor's (or its offices, as applicable) country of
organization.

78.1

Contractor to advise of Statutory Authorities Changes


The Contractor shall within 7 days of the notice to commence the Works contact all
Statutory Authorities and discuss in detail with them the requirements of the Works. He
shall be responsible to ensure that no rules, regulations or requirements of the Statutory
Authorities have changed, or that the Authorities require any details for the Works which
are different from those included or inferred in the Contract, which may cause a variation to
the Contract. If any changes are required by the Statutory Authorities, the Contractor shall
inform the Engineer within a further 14 days (i.e. within 21 days of the notice to
commence) giving full details of the consequence of these changes including details of
costs and programme. If no notification has been received by the Engineer within the time
stipulated, it will be deemed that no variation will be necessary and the Contractor will

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forfeit his rights to any additional time or costs due to any subsequent Statutory Authorities
requirements.
79.1

Contractor Status
a)
b)

80.1

The Contractor in execution of his obligations under this contract will be considered as
an independent Contractor and not as an agent or part of the Employer organization.
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 bind
the joint venture. The composition or the constitution of the joint venture shall not be
altered without the prior consent of the Employer.

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 behalf
to 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 Employer
shall in addition to any criminal liability which may be thereby incurred, subject the
Contractor to the cancellation of this and all other contracts which he may have entered into
with 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 on
his part and in particular shall be liable for any defects in the construction of any part of the
Works 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 the
issue of the Taking Over Certificate or the part of the Works in question. The approval of
the Engineer shall not in any way absolve or relieve the Contractor any such obligations,
responsibility or liability.

82.1

Indemnity to the Employers Officials and Engineer


The Contractor shall indemnify the Employer and every member, officer and employee
thereof and the Engineer and the Engineers representative and every member of their staff
from any claim or demand for accident, injury, damage, loss and/or compensation of any kind
whatsoever arising out of or in connection with all claims and demands which may be made
against the Employer for or in respect of or arising out of any failure by the Contractor in the
performance of his obligations under any of the provisions of the Contract.
If the Employer has to pay any money in respect of any claims or demands as aforesaid, the
amount so paid and the cost incurred by the Employer shall be charged to and paid by the
Contractor, provided always that the Employer shall, if circumstances permit, give to the
Contractor reasonable opportunity of examining such claims or demands before payment.
In the event of the Contractor disputing the amount of any payment (except payments made
in accordance with legal obligations or after approval by the Contractor) then the Contractor
shall have the right to dispute the matter, and refer it to Arbitration in accordance with the
provisions herein contained.

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

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 in
writing of the Employer and subject to such Conditions as may be prescribed.

84.1

Adhere to Local Authority Regulations


The Contractor shall be responsible under this Contract to liaise with all Statutory
Authorities, 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 with
such 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 of
the Works and not mentioned in the Contract. He shall temporarily support or divert and
subsequently 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 necessary
as 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 in
accordance with Clause 52.

86.1

Municipality Building Permit


The Engineer shall apply to and liaise with the Municipality for the mandatory permit to
construct the works required in this Contract as a whole or part or for any variation to the
work 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 the
Engineer for his further action.
The Contractor shall be responsible for the collection of the permit documentation from the
Municipality and pay all necessary fees for this collection within two working days from
receiving written instruction from the Engineer.
The Contractor shall be responsible for completing the works in accordance with the
Building Permit and to the satisfaction of the Municipality. He shall be responsible for
arranging inspection by the Municipality and for obtaining the Municipalitys Certificate of
Completion and other approvals necessary for the connection of services, in order to ensure
completion of the Contract.
On receipt of the Municipalitys Building Permit the Contractor shall examine all the
documentation handed over by the Municipality as part of the Building Permit and advise
the Engineer in writing within 14 days from the date of its receipt of any changes between
the Contract Drawings and the Municipality Building Permit Drawings or any comment or
special requirement stated by the Municipality on any of the documents which make up the
Municipality Building Permit. Failure of the Contractor to submit such advice within the

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

prescribed period of 14 days shall be deemed to be confirmation to the Engineer and the
Employer that the works required in this Contract have received mandatory Municipality
Building Permit, relieving the Employer thereafter from any responsibility to liaise with the
Municipality for obtaining any permit in connection with the works required in the
Contract and from considering any claim by the Contractor for any extension of time or
additional payment due to extra work resulting from comments made in writing by the
Municipality 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 of
his 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 the
Contractor 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 be
entertained 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 the
requirements 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, prior
to 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 the
Works 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.
88.2 Commissioning Spares
The Contractor shall ensure that sufficient spare parts are available at the Site for the
use of the Contractor during commissioning of each Section or Portion of the Works,
including its Tests on Completion and all other commissioning prior to the issue of
the relevant Taking-Over Certificate. Such commissioning spares shall be in addition
to the Subcontractors Spare Parts required to be provided by the Contractor and to
the spare parts required to discharge the Contractors obligations to remedy defects
during the Defects Liability Period and under any guarantee or warranty extending
beyond the expiry of the Defects Liability Period.
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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
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 the
Contractor without charge prior to the issue of the Defects Liability Certificate and
shall 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 storage
conditions 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 Employers 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
Contractors own technical staff otherwise required by the Contractor on Site for
carrying out the Works and shall be seconded only for the purpose of their gaining
work experience and training in the operation of the equipment, machinery and
installations provided by the Contractor as part of the Work. The Contractor shall
provide every reasonable assistance in this regard. This obligation shall not relieve
the Contractor of any of his other obligations under the Contract.
The Employer shall ensure that the Contractor is given sufficient details and
adequate notice of such secondment.

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89.2

Instruction and Training of Employers staff:


The Contractor shall be responsible for the instruction and training of the
Employers staff in the operation and maintenance of all plant and equipment
provided under the Contract in accordance with operating parameters approved by
the Employer.
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
Employers premises and (if applicable) at the Contractors premises. The Contractor
shall 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 Employers 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 for
instruction purposes and qualified and competent instructors approved by the
Employer shall give all such instruction and training in the English language. The
Contractors 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 to
supervise, 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.
The Works shall not be considered substantially completed for the purpose of Clause
48 hereof until such approved Instructions, Manuals and Drawings have been
forwarded through the Engineer to the Employer. The number of copies of Operating
and Maintenance Instructions to be supplied is given in the Specification.

_______________________________________________________________________________________
Volume I - Section 6: Particular Conditions of Contract Rev-2, Feb 2014
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SECTION 7
SCHEDULE OF ENGINEERS RATES
(FOR OVERTIME & SUPERVISION)

JEWEL OF THE CREEK (JOC) PROJECT


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

Engineers Overtime Rates

(As per Clause 45.1 of the Conditions of Contract)

Position
Project Manager
Resident Engineer
Civil / Structural Engineer
Senior Electrical Engineer
Senior Mechanical Engineer
Land Surveyor
Inspector (all disciplines)
Senior Quantity Surveyor
Junior Quantity Surveyor
Architect
Secretary

Overtime Rate Per Hour (X)


Dhs.
250
220
140
150
150
85
80
160
110
140
35

Overtime Rate Per Hour (Y) Dhs.


285
250
160
170
170
100
92
185
125
160
40

Note:
X = Any hours worked after 8 hours per day
Y = Any hours worked on Friday and Public Holidays

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_______________________________________________________________________________________

Engineers Supervision Rates

(As per Clause 45.3 of the Conditions of Contract)


Position
Project Manager
Resident Engineer
Assistant Resident Engineer
Senior Architect
Senior Structural Engineer
Architect
Structural/Civil Engineer
Civil Engineer & Finishes Inspector
Landscape Architect
Senior Mechanical Engineer
Senior Electrical Engineer
Mechanical Engineer (Inspector)
Electrical Engineer (Inspector)
Planning Engineer
Utilities and Roads Engineer
Senior Safety Officer
Quality Control Engineer
Senior Quantity Surveyor
Quantity Surveyor
Land Surveyor
Document Controller
Secretary
Driver/Office Boy
Senior Project Coordinator

Rate Per Month Dhs.


50,000
46,000
34,000
32,000
32,000
29,000
29,000
17,000
28,000
30,000
30,000
16,000
16,000
30,000
30,000
30,000
26,000
33,000
23,000
17,000
7,000
7,000
5,000
32,000

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Volume I - Section 7: Schedule of Engineers Rates Rev-0, Dec 2013
Page 2 of 2

SECTION 8
LIST OF DRAWINGS

APPENDICES

SPECIMEN OF DOCUMENTS

JEWEL OF THE CREEK (JOC) PROJECT


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

APPENDIX A
FORM OF TENDER BOND

M/s. Dubai International Real Estate


P.O. Box 29000
Dubai,
U.A.E.

Date:

Dear Sir,
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)
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 of
AED.., U.A.E. Dirhams .. on the above Project, as a
Tender Bond. This Tender Bond shall be free of interest and payable in cash on your first written
demand in the manner ordered, without the Tenderer or any person on his behalf or ourselves
having 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 of
tender submittal} to . and renewable before expiry for a further 30 calendar days if requested
in writing by Dubai International Real Estate.
Should the Tenderer be notified of the acceptance of his Tender within these periods then this
Tender Bond shall be automatically renewed until the Performance Securities required to be
furnished 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
{Authorised Signature
and Bank Seal}

{Authorised Signature
and Bank Seal}

Name:

Name:

Designation:

Designation:

Appendices
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JEWEL OF THE CREEK (JOC) PROJECT


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

APPENDIX B
FORM OF PERFORMANCE SECURITY

M/s. Dubai International Real Estate


P.O. Box 29000
Dubai,
U.A.E.

Date:

Dear Sir,
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)
Subject : Our Performance Security No. . for AED
As Messrs (hereinafter
called the Contractor) have declared that their Tender for the above named Works has been
accepted, we hereby undertake to hold at your disposal the sum of AED {in
figures}
U.A.E.
Dirhams

{in words}, being 10% of the Contract Price, as a Performance


Security. 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 the
right 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 until
advised by you that the contract has been fulfilled. No claim shall be made against this Security
after 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
and Bank Seal}

{Authorized Signature
and Bank Seal}

Name:
Designation:

Name:
Designation:

Appendices
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JEWEL OF THE CREEK (JOC) PROJECT


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

APPENDIX C
FORM OF ADVANCE PAYMENT GUARANTEE
M/s. Dubai International Real Estate
P.O. Box 29000
Dubai, U.A.E.

Date:

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. Dubai
International 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 from
the 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 Engineers Payment Certificates issued by the
Engineer.
This Guarantee shall be valid until and automatically renewed until M/s. Dubai
International Real Estate (together with successors in the title and assign) receives full repayment
of the advance payment amount from the Contractor.
This Guarantee shall be governed by law of Dubai, U.A.E.
Yours faithfully,
Signature with Bank Stamp Seal

Signature with Bank Stamp Seal

Name:
Designation:

Name:
Designation:

Appendices
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JEWEL OF THE CREEK (JOC) PROJECT


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

APPENDIX D
STATEMENT & ATTESTATION OF SITE VISIT

M/s. Dubai International Real Estate


P.O. Box 29000
Dubai,
U.A.E.

Date:

Dear Sir,
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)
We hereby confirm that we have visited the Site and have examined its physical environment
including its hydrological and currently completed work conditions and familiarized ourselves with
the 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
works by Package 7 Contractor.
12. Location of Entry/Exit Points of tunnels to be done by RTA.
13. Explanation of Plot Limit and boundaries.
14. Required temporary dewatering in the triangular area near Floating Bridge.
We accordingly confirm that we have no queries or qualifications on any matter concerning the
Tender in connection with the prevailing conditions at the Site and any corresponding requirements
of the Tender Documents.

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

From: ...

Signed.....
Duly authorized to sign for and on behalf of;
...
{Company Name and Address}
Dated..Company
Seal..

Appendices
Rev-0, Dec 2013

Page 2 of 2

APPENDIX E
Layout of Employers/Engineers Site Offices,
Furniture and IT Equipment

PREAMBLES

JEWEL OF THE CREEK (JOC) PROJECT


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

__________________________________________________________________________________________
CONTENTS
INDEX
SECTION 1 - GENERAL PRINCIPLES
1.1 Generally
1.2 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
1.7 Provisional Sums
1.8 Nominated Sub-Contractors
1.9 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 PROTECTION
SECTION 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 SYSTEM
SECTION 16 - MECHANICAL WORK
SECTION 17 - ELECTRICAL WORK
SECTION 18 - BUILDERS WORK
SECTION 19 - DAY WORKS

Volume III Bill Of Quantities Preambles Rev-0, Dec 2013

Page 1 of 25

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__________________________________________________________________________________________
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 Tenders
BOQ. 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 and
commissioning, 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 functional
installation, all in accordance with the Tender Documents and to the complete satisfaction of the
Employer/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 the
quantities, items and scope of work involved with the Tender. The Tenderer shall also refer to the
Conditions 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 Tenders period and relevant International Standards, Codes of Practice and latest Local Authorities
requirement ...etc. for further information, as no claim or variation will be considered on account of the
Tenderers 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 relation
to the respective contract works and are given for the purpose of Tender evaluation. The Tenderer shall be
deemed 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 Bill
of Quantities shall be solely utilized for evaluating Interim Payments of the Contractor and as a schedule
of 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 and
any 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 rates
and prices inserted by him will be deemed to cover all his obligations under the Contract and all matters
and things necessary for the proper construction and completion of the Works including, but not by way of
limitation, all temporary work required (including temporary works that may be required by all subcontractors 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 of
the 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 any
surfaces disturbed.

1.1.7

All equipment, materials, works and manpower ... etc. required for the Works shall be deemed to be
included in the total price irrespective of whether there is or is not an item for it in the Bill of Quantities.

1.1.8

Written annotations of any nature that are inserted against items in the Tenders Bill of Quantities in lieu
of a monetary value shall, without exception, be deemed to mean that the cost of that item is Included
elsewhere within the Tenderers Bills of Quantities and the work described within that item shall be
executed by the Contractor without any additional payment.

1.1.9

Rates/Prices in the tenders BOQ shall be examined by the Engineer after submission of the Tender for
scrutinizing. Errors found shall be addressed as per Volume I - Instruction to tenderers, Clause 21.

1.1.10

The rates and prices entered in the Bill of Quantities shall be inclusive of all costs incurred in any manner
whatsoever in complying with the provisions of the Conditions of Contract, whether or not such items are
specifically described in the Bill of Quantities unless where separately enumerated under the Bill for
Preliminaries of the Volume for Bill of Quantities.

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__________________________________________________________________________________________
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 whole
works 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 attention
of the Employer/Engineer for clarification prior to submission of Tender.

1.1.13

Each item in the Tenders 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 Scope
of Works but found missing in the Bill of Quantities, then such missing item shall be added at the end of
each 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 Tenders work as Excluded since
this is a Fixed Lump Sum Price Tender . Any discrepancies in quantities found by the Tenderer shall be
addressed 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 successful
Tenderer 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 of
Measurement (International) for works of construction dated June 1979. Whenever the method of
measurement 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 space
and 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 necessary
straight, raking or circular cutting.

1.2.4

Building paper, damp proof membrane, quilts and all non-rigid sheet materials shall include cutting or
forming 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. All
measurements 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

1.3.1

The pricing of the Bills of Quantities shall be executed in such a way to enable reproduction by
photocopying to be carried out if required.

1.3.2

Where manufacturers names or proprietary material names are given against certain items in the Bills of
Quantities, Specifications, Drawings the Rates / Prices inserted shall be for those specified proprietary
names only any proposed Alternative shall not be considered by the Engineer/ Employer. All propriety
materials shall be installed strictly in accordance with the manufacturers printed instructions, the Tenderer
shall be deemed to have allowed for such in his price.

1.3.3

Tenderer to price the rates considering that, any item may be fully or partially deleted by the client, or
there may be increase or decrease in quantity. The rates inserted in the Bill of quantities with the
application of the Adjustments, Discount as mentioned within the Bills will be used, if found
applicable by the Engineer, in the evaluation of any authorized variation works in accordance with the
Condition of Contract.

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1.3.4

The rates and sums inserted in the Bills of Quantities are deemed to include all obligations to be
discharged by the contractor to execute the contract works as per Tender/Contract documents such as but
not 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 identical
items occurring in separate bills are not priced at different rates, otherwise the lower rates shall be utilised
in 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 in
connection thereto, shall be the responsibility of the Contractor.

1.3.7

The successful Tenderer/Contractor shall submit the Price Analysis Schedule of Tender Sum with a full
and 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 Materials
costs for the Works, the build-up of measured rates with on-costs and overheads and any other allowances
used to arrive at the Tenders 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 Engineers request, his percentages for Overheads
and 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 Tenders BOQ during the tender submission. Any such adjustments as defined and noted by the
Tenderer shall be incorporated in the Final Contract Bill of Quantities to arrive at the Contract sum as
finally 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 the
tendered 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, if
any, to arrive at the Contract Sum as finally justified and agreed between the Employer and
Tenderer/Contractor. However, the same percentage of Discount/Adjustment Amount shall be applied to
the Difference between the Selling Rate in the Tenders 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 Contracts Bill of Quantities based on the Adjusted Rates. Evaluation of
Interim Payment Applications and variations shall be based on these adjusted rates and sums in the
contract.

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
equipment and materials covered under Provisional Sums and PC Rate Items but only those which have
been procured by the Employer by direct orders and arranged to be delivered to the Contractor at site,
wherein the Contractor has to fix, install, test and commission them as a part of the project as described in
the Specifications, Drawings and the Bill of Quantities.

1.5.2

The Engineer shall specify the items to be delivered by the Employer and the Contractor is liable for its
fixing including all accessories. The detail of material, quantities, suppliers information and delivery
details shall then be issued to the Contractor for verification and agreement.

1.5.3

Rates for "Fix or Install Only used in the Bills of Quantities for all goods, materials, and equipment
supplied by the Employer shall also include the following:
(i)
(ii)

Preparing and submitting workshop and working drawings for its approval by the Engineer;
Straight racking or Circular cutting, Working in girth, Width or Height less than 300mm, Short
lengths;

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Preparation and submission of Method Statements and Schedule of Quantities required to be
fixed and considering wastage, spare material, including responsibility for dimensions sizes etc.
(iv) Receiving samples and obtaining Engineers approval for fixing details;
(v)
Supply full size template, taking delivery of such materials on site, immediate check and report on
the condition of same, unloading, labelling each and every item to identify the make, protection;
(vi) Use of Scaffolding, Plant, Equipment and Toolsetc;
(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, maintaining
inventory 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;
(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;
The Fix only rates shall also include for the protection of goods on site, replacement costs of breakages,
wastage or losses that may occur after the receipt of materials by the Contractor and which are not covered
by the Employers supplier of such equipment/materials under the suppliers warranty/guarantee obligations.
(iii)

1.5.4

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 for
everything as defined in Clause GP 4.1 of POM (I) in connection with such items. All such items are to be
delivered to site and stored by the Contractor in accordance with the Engineers instructions.

1.7

PROVISIONAL SUMS

1.7.1

The Provisional Sums in the Tenders Bill of Quantities are those amounts allowed for and shall be
expended 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 & Glazing
Works, Interior Dcor Works, Conveying Systems and the likeetc. OR against Supply only of certain
Materials and Equipment required for its incorporation in the Contract Works to be supplied by specialist
suppliers selected by the Engineer/Employer such as, without being limited to, Sanitary Fittings &
Accessories, Light Fittings, AC Equipment, AC Chillier, Cooling Towers and the likeetc. whereas its
fixing, installation, testing and commissioning and maintenanceetc. are covered elsewhere in the
Tenders Bills of Quantities.
In the event of any Provisional Sum being omitted, in whole or in part, the Contractor shall have no claim
for loss of any profit or contribution due to the omission of the Provisional Sum or the scope of works
covered by the Provisional Sum.

1.8

NOMINATED SUBCONTRACTORS

1.8.1

Definition
All those works in the contract which are covered under Provisional Sums in the Tenders Bills of
Quantities beside the contractual liability defined in the Scope of Works and elsewhere in the Tender
documents, such works shall be executed, completed, tested, handed over and maintained by specialist
Contractors named in the Contract as Nominated Subcontractors (NSC).

1.8.2

Contractual Status & Obligations


The Employer and the Engineer shall select the specialist Contractor to carry out certain part of the
Contract Works as well as the amount against which related Works in the Contract shall be executed. All
the successive inter-relation between the Contractor and any Nominated Subcontractor shall be in
accordance with the terms and liabilities stipulated in Clause 59 of Contract Conditions.
Following the Engineers Instructions nominating a specialist Contractor to carry out specific part of the
Contract Works the Contractor and nominated Subcontractor shall enter into a Subcontract Agreement for
the execution, completion, testing, commissioning, handing over and maintaining that part of Contract

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Works detailed in the Engineers 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 the
Main Contract save as the financial terms and conditions extensively addressed in Clause 59 of the
Conditions 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 Tenders
Bills of Quantities (Attendances, Builders Works, Overheads & Profits) the following attendances,
facilities, assistances and liabilities, without being limited to, be the responsibility of the Contractor and
shall be provided to the Nominated Subcontractor(s):
(i)

Providing Space for the NSCs Site Office and Stores, if required, with provisions for necessary
services such as water, electricity, drainage and chargeable Telephones & Internet.

(ii)

Use of Tower cranes, Hoists, scaffolding (except special scaffolding) and construction plantetc.

(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 likeetc.

(v)

Providing the NSC, free of charge, of potable water, water for the works, and electric poweretc.

(vi)

Utilization of Contractors Site facilities such as, without being limited to, urinals, toilets, wash
areas, prayer room, mess rooms and the likeetc.

(vii) Clearance of the NSC debris from site which is kept at the instructed locations designated by the
Contractor.
(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), method
statements, 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, walls
and ceilings, up-stands & foundations, waterproofing and protection of the completed worksetc.

(x)

Deploy competent staff/specialist(s) for the proper implementation of Quality Assurance/ Quality
Control (QA/QC) plans.

(xi)

Provide the Engineer and the Employer with complete copies of all NSC Agreements including all
copies of Engineers Instruction, exchanged correspondence, quotations, tender documents,
drawings, specifications and bills of quantitiesetc. in brief full and comprehensive copy of the
NSC Agreements.

(xii) Providing Working Space.


1.8.4

Liabilities & Obligations of the Nominated Subcontractor (NSC)


The Nominated Subcontractor (NSC) shall strictly comply with the following liabilities and obligations.
(i)

Enter into a Subcontract Agreement with the Contractor once requested to do so based on his
awarded price, Tender documents as well as the Main Contract on back-to-back basis.

(ii)

Submit to the Contractor a bank guarantee against his obligation of Performance Bond whereas the
amount and validity of the said bank guarantee shall be as per the Contract Conditions.

(iii)

Shall submit in timely manner all the required documents such as, without being limited to,
program of works, insurances, CVs of site management personnel and ALL Submissions enabling
the execution of his works as well as that of the Contractor in timely manner.

(iv)

Shall follow all the instructions given by the Contractor, enabling the proper execution of the
Contract Works in timely manner.

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(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 under
Provisional Sum in the Contract such as, without being limited to, AC Equipment, Sanitary Fittings
& Accessories, Light Fittings, TVsetc.

(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, builders
drawings, as built drawings, materials submittal forms, requests for information, inspection and
testing requests, , guarantees and warranteesetc.
(viii) Liaise with the Contractor for the timely use of scaffolding, tower cranes and hoistsetc.
(ix)

Strictly respect and follow the Contractors 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 siteetc.

(x)

Engagement of only competent engineers, supervisors, foremen, skilled labourers, administrative


and document controller staffetc.

(xi)

Submission in timely manner of his interim/monthly statements for payments before the cut-off
date, 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, plantetc. (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 Sums
in 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 the
Tenders Bills of Quantities under PC Rate Items such as Ceramic Tiles, Granite Tiles, False Ceilings,
Marble for Floors or Cladding, and Thresholdsetc.

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 Tenders Bills of
Quantities. Relevant Engineers 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 the
materials or equipment detailed in the Engineers Instruction.
All the successive inter-relation between the Contractor and any Nominated Supplier shall be in
accordance with the terms and liabilities stipulated in Clause 59 of Contract Conditions.
The selected Specialist suppliers following the Nomination shall be treated as a Domestic Suppliers in
procurement of the required materials/equipment in accordance with the consented Program of Works and
all other obligations that the Contractor has in the Main Contract save as the financial terms and conditions
extensively addressed in Clause 59 of the Conditions of Contract.
Upon selection of the Supplier, the Engineer shall instruct the Contractor to comply with the Contract for
installation/incorporation of these materials/equipment into the Contract works.
Where a PC Rate is included within an item of the Bills of Quantities, the Tenderer shall include under
his Selling Rate in the Bills of Quantities for all costs associated for the Fixing including, but not
being limited to, supply of the PC Rate materials, fixing materials, verifying the actual quantities required
in accordance with Contract drawings (Not the BOQ quantities), procurement of samples and quotations

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from various specified suppliers, placing the order, advance payments, issuing LPOs, Letter of Credits,
PDCs...etc.
1.9.3

Contractors obligations towards Nominated Suppliers


Against the amount inserted by the Tenderer/Contractor towards each Provisional Sum in the Tenders
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 the
Contractor and shall be provided to the Nominated Supplier(s):
(i) Signing a subcontract agreement with the nominated supplier as instructed by the Engineer for the
supply of specific items required for the Contract works.
(ii) Full copies of ALL such supply agreements with nominated suppliers shall be forwarded by the
Contractor to the Engineer and the Employer.
(iii) The Tenderer/Contractor shall allow in his Tenders Fixed Lump Sum Price for any payment means (
mode of payment) to the nominated suppliers as instructed by the Engineer such as, without being
limited to, opening Letter of Credits & LPOs and PDCs.
(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 the
Contract Works.

(iii)

Deliver the ordered materials to the Site as per the agreed schedule to meet the Contractors
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 any
delay to the project.
(ix)

Provide guidance and/ or supervision to the Contractor regarding assembly and/ or installation of
supplied materials if necessary.

(x)

Provide the data sheet and any other necessary information (such as weight, dimensions... etc.) of
the materials to be supplied to the Contractor for co-ordination and construction of necessary
support structures.

1.10

FINANCIAL ADJUSTMENT OF PROVISIONAL SUMS AND PC RATE ITEMS

1.10.1

Financial Adjustments of the Works and Supply Only Material/Equipment Covered under
Provisional Sums in the Tenders BOQ:

1.10.1.1 The amount allocated for each Provisional Sum item in Bill No 10 of the Tenders BOQ including the
Contractors Attendances, Overheads & Profits and Builder Works (if in percentage) shall be adjusted in
accordance with the Actual expenditure of that respective Provisional Sum item as per the instructions
of the Engineer . The resulting Cost Variance (whether an additional cost or saving) shall be used to
determine the Revised Contract Price.
1.10.1.2

ALL Cost Variances related to the said Provisional Sum items following authorized instructed
variations shall be treated as Variations to the Contract.

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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 the
Tenderer against PC Rate items:

1.10.2.1 All quantities against PC Rate items in the Contract are Provisional Quantities". The Contractors
entitlement shall be based on quantities executed as per Issued For Construction drawings by the
Engineer.
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 the
Contract Bills of Quantities.
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 the
Contractors Overheads & Profits.. etc in establishment of the New Selling Rate which shall be the
backbone of Contractors 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 the
Issued For Construction Drawings by the Engineer and method of measurements given in this Pricing
Preambles.

1.11.2

In case an item described as Provisional Quantity in the Tenders BOQ is omitted in whole, then the
amount 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.

1.12

ABBREVIATIONS AND DEFINITIONS

1.12.1

In addition to common abbreviations the following have been adopted within the Bills of Quantities:
m, M
=
linear meter
m, M2 , sq.m =
square meter
m, M3 , cu.m =
cubic meter
mm
=
millimetre
No., no.
=
number
Kg
=
kilogram
N
=
Newton
T, tons
=
Tonne
BS
=
British Standard
Dh, Dhs.
=
United Arab Emirates Dirham/s

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AED.
Item
Rate
Hr.
Min., min.
Qty.
BoQ, BOQ
CoC
Spec.
Drg., drg.
L
H
W
P. C.
P.S.
Prov. Sum.
NSC
O.H.P
Dia., dia.
E.O.
L.S., LS, L/S
Thk.
Contd
=
<
>
<
>
Approved
In writing
DEWA
LA
CD

=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=

United Arab Emirates Dirham/s


composite measurement (all inclusive)
price per unit
Hour
Minimum
Quantity
Bill of Quantity (with price or without price)
Conditions of Contract
Specifications
Drawings
Length
Height
Width
Prime Cost, Provisional Cost
Provisional Sum amount
Provisional Sum amount
Nominated Sub Contractor
Over Heads and Profits
Diameter
Extra Over
Lump-sum
thick, thickness
continued
equal to
Less than
Greater than
Less than or equal to
Greater than or equal to
means approved by approval of the Engineer in writing
above shall also mean verbally later confirmed in writing.
Dubai Electricity and Water Authority.
Local Authorities.
Civil Defence.

1.12.2

"Approved", "Directed", "Selected" and similar expressions shall relate to the Employer/Engineers
decisions. Where a description refers the Tenderer to these expressions, the rate shall include for suitable
quality 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, m2, m3, etc., interim payment shall be
evaluated based on same units, quantities and unit rate quoted against quantity and the cumulative
percentage completion shall be established against each item except items described as Provisional
Quantities.

1.13.2

For items listed in Bill of Quantities which are measured with the unit Item or Lump Sum, Interim
Payments shall be based on actual progress of works of this item to the sole discretion of the Engineer.

1.13.3

For items listed in the Tenders Bill of Quantities under Preliminaries and General requirements, that shall
be as per section 2.1 of this Preamble.

1.13.4

For item listed in Bill of Quantities as Provisional Sums, the payment shall be made after Instructions from
the Engineer to incur such works and proportionate to works executed on site.

1.13.5

Payments On Account against executed authorized Variation for which Variation Orders are not
concluded and approved, shall remain to the Sole discretion of the Employer only.

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1.14

VARIATIONS

1.14.1

Any authorized Variation works shall be valued in accordance with Clause 52.1 of the Conditions of the
Contract.

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 to
complete the works as described within the Tender Documents, as no variation/claim will be entertained in
case 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 to
the satisfaction of the Engineer.

1.14.5

For variation works which is not of similar specification to any item in the Tender/Contracts BOQ the
amount 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 of
materials, 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 in
the 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 Site
facilities, 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 items
existing on site). The Tenderer to visit site to familiarize with the conditions and specification of these
existing items.

2.1.2

Preliminaries are applicable to the whole of the works during the Construction period and the Tenderer
shall include in his tender sum for the preliminaries specified herein and in conjunction with
Specifications, Drawings and Contract Conditions.

2.1.3

Each Item, Clause or Sub-clause contained herein must be individually priced. The tenderer shall not enter
any lump sum covering more than one or all items, clauses or sub clauses. Where any item, clause, sub
clause of the preliminaries has not been priced, it will be deemed that the value of such items, clause or
sub clause are included in the rates/amount for priced items elsewhere in the Bill of Quantities and within
the contract.

2.1.4

Co-ordination, Setting out and Implementing the temporary/permanent works to provide for a complete
installation, 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 the
works according to the Drawings and Specification or from any of his obligations or liabilities under the
Contract. Any such error or omission shall be brought to the notice of the Employer/Engineer by the
Tenderer before submitting his tender.

2.1.5

Items Related to Employers Facilities, Contractors facilities, Temporary Works, Equipments shall be
executed and completed within the Mobilization period and the interim payments for these items will be
evaluated based on the approval and satisfaction of the Employer / Engineer for the facilities provided in
full.

2.1.6

Progress payment for Preliminaries Bill items shall be based on the recurring and non-recurring items as
per construction programme and progress of the permanent works.

2.1.7

Payment for the Establishment, Mobilization of items shall be lump sum which shall be paid only after
the completion of all facilities. Breakdown of all lump-sum amounts to be submitted together with the
Tender Submission.

2.1.8

For items where maintenance and running costs are to be priced, the preceding activity of
establishment/mobilization must be completed and functional for the purpose intended. The amount due
for such items shall be as per construction programme and/or as per progress of the permanent works.

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2.1.9

Payment for the Removal, Demobilization of items shall be lump sum which shall be paid only after the
completion 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 for
which 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 any
Contract 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

Also refer to Volume II A-Specification-Division 01000 General Requirements for obligations relevant
to Restrictions, Contractors Administrative Arrangements, Constructional Plant, Employers Site
Facilities, Contractors Facilities, Temporary Works and Sundriesetc;

2.2.2

The Contractor shall be responsible for coordinating all builders work drawing and working drawings
including that of Sub-contractors, statutory undertakings, Contractors or other employed direct in
connection 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 various
ducts, 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 the
Contract 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 of
the 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 Civil
Engineering 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 the
said conditions shall be deemed to remain valid and binding. The Tenderers are deemed to have their own
copy of the Part I -General Contract Conditions.

2.3.3

Payment for obligations covered under Contract conditions shall be based on monthly progress of the
works 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 of
Quantities.

SECTION 3 - SITE WORKS


3.1

DEMOLITION & ALTERATION

3.1.1

The rates for demolition works shall include for all labour, plant and equipment necessary to complete the
works including making good of the surface after demolition.

3.1.2

The rates for removal and carting away shall include for all labour, equipment and fuel costs, carting away
of debris to dumping site approved by local authoritiesetc. shall be included in the rates.

3.1.3

The rates for rectification works shall include all costs of materials, labour and equipment to complete
such rectification to the satisfaction of the Local Authorities and Employer/ Engineer.

3.1.4

The rates for removal shall include for any storing, stacking of any materials in a secure manner at site for
reuse.

3.2

EXCAVATION

3.2.1

NOT APPLICABLE.

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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 and
standby) 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 shall
include daily monitoring, periodic inspection, repairs, power consumption etc. to the
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
3.6.1

LANDSCAPING WORKS
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 advanced
tree. Windbreakers using screens such as polyethylene monofilament with shade (net density as
specified). 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 built
drawings 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 be
included.

4.1.3

No cutting away of concrete shall be carried out without the approval of the Engineer. The Contractor
should ascertain from the Engineer the total number of locations of items to be formed in and cast into insitu 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 all
necessary formwork.

4.1.5

Rates for different Types/Grades of concrete shall allow for all ingredients, cement content and additives
to obtain concrete of special quality and characteristics.

4.1.6

Rates for polythene sheeting and similar materials shall include for all laps.

4.2

IN-SITU CONCRETE

4.2.1

In-situ concrete in the following categories shall be measured by area stating the thickness:(i)
Blinding beds.
(ii)
Screeds.
(iii) Concrete toppings.
(iv) Other classifications as may be appropriate.

4.3

REINFORCEMENT

4.3.1

Bar reinforcement shall be measured by weight; bars of differing diameters shall be given in the same
item.

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4.3.2

It will be the Contractor's responsibility to produce the bar bending schedules in a form to be approved by
the 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 as
appropriate.

4.4.3

No allowance shall be made for overlaps or passings 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.

4.5

SUNDRIES

4.5.1

Expansion material or the like shall be understood to be included unless described otherwise or measured
separately.

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 to
any 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 items
measured linear meter.

4.6.8

For cutting or forming chases, rebates, throats, splays, chamfers and grooves not exceeding 0.0025 square
metres in sectional area, for cutting or forming all holes, opening, mortices and pockets not exceeding
0.125 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.
b) Forming sloping upper surfaces where required.

4.6.10

Rates for concrete shall include for laying in bays; for all formwork to construction, expansion and day
work joints and for cutting and notching such formwork to allow passage of reinforcement through the
joints and working in and around rod or mesh reinforcement and filling into formwork; for vibrating and
curing.

4.6.11

Rates for concrete work shall include for all sundry items not associated with MEP installations such as
cutting or forming all holes, chases, sinkings, mortises and the like; for wood or steel float finishes to all
surfaces; for casting in ties for block work; for all necessary grouting in of wood or metal members, pipes,
and making good for all trades.

4.6.12

Unless stated otherwise the rate for concrete shall include for shrinkage corridor.

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4.7

RATES FOR REINFORCEMENT

4.7.1

Rates for rod reinforcement shall include all necessary cutting and bending, extra material for laps and
dowel, 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 binding
wire 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 for
the Engineers 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.

4.8.8

Easing, striking, removing and cleaning and preparing for re-use and removal when no longer required.

4.8.9

Overlaps and passings at angles and labours at intersections.

4.8.10

Shortening struts or shapes and re-strutting or re-shoring where required.

4.8.11

Rubbing down, filling and making good the surface of concrete after removal of shuttering.

4.8.12

Cutting or notching shutters or moulds to in-situ or pre-cast concrete around projecting reinforcement.

4.8.13

Shuttering to sides of walls, parapets or the like shall include the area as for returns, ends, projections,
reveals, rebates, grooves, recesses or the like.

4.8.14

Shuttering shall be classified according to its angle of inclination to the vertical as follows:
i. Horizontal :- Over 85 up to 90
ii. Sloping
:- Over 10 up to 85
iii. Battered
:- Over 0 up to 10
iv. Vertical
: - 0

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4.8.15

Forming cavities and holes for pipes etc. not exceeding 150mm diameter openings not exceeding 0.0025
square metres in sectional area.

4.8.16

Obtaining and fixing in position all bolts, fixings, cores, pipe sleeves, or other approved ferrules and any
other 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 beamsetc;

4.8.18

Cutting out and re-casting unsatisfactory work or work not fulfilling the requirements of the Specification
or 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 be
deemed to include all bedding, pointing, special sealings and special pointing between units and structure,
anchor bolts and other fixing devices, designed reinforcement and any other reinforcement or handling
devices 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 the
rates 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 all
exposed 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 devices
approved 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 for
its adequate design, approval of third party, obtaining of Dubai Municipality approval, supply and
Installation 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 Post
Tensioning System as per approved drawings. Cutting of surplus strands after stressing and before
grouting. 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.

SECTION 5 - MASONRY
5.1

WALLS AND PIERS

5.1.1

Cutting, bonding, tying to concrete or steel, special pointing or wedging up to soffits and the like, building
in ends of concrete wood or metal members shall be understood to be included.

5.2

RATES FOR MASONRY


Rates for block work and masonry shall include for all cutting, pinning, tooting and bonding, for tying to
concrete, for pointing, or wedging up to concrete soffits and the like; for building in or cutting and pinning
in ends of lintels, bearing bars, timbers, steel sections and the like; for filling cavities of hollow block wall
with mortar or concrete as specified and for vertical movement joints, rustproof metal reinforcement,
clamps for ancillary works and metal lath at junctions with concrete to receive render / plaster, include for
all expansion joint with compressible filler and joint sealant or fire sealant where shown on the drawings.

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The rates for cavity walls shall include for stainless steel vertical twist ties and any infill material as
indicated 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 allowable
height 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 be
understood 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.

6.2.2

Aligning, fixing, decoration, insulation, supports, weather seals and all necessary accessories shall be
understood 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 preparing
the 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 before
manufacturing commences.

6.3.4

Rates for balustrade and the like shall be deemed to include for forged bends, mitres, crosses, tees, flanged
ends and the like.

6.3.5

Rates for metal skirtings, 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
and/or scarf jointing, scribing, rebates, grooves, chamfers splayed and rounded edges, tongued angles,
beads, mouldings, fair and return ends, mitres, housing, holes for pipes, etc. and short or isolated lengths
and fixing shall be understood to be included.

7.2

BOARDING AND FLOORING

7.2.1

Unless otherwise stated, boarding and flooring shall be grouped together with frame work for the same
and measured by area, without addition for joints or laps.

7.2.2

Forming openings measured as an extra over item to the boarding and floorings.

7.3

FITTINGS

7.3.1

Built-in fixtures and fittings shall be enumerated or measured by length.

7.4

RATES FOR WOODWORK

7.4.1

Rates for woodwork shall include ironmongery unless stated otherwise in the BOQ.

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7.4.2

Rates for woodwork shall include for providing timbers of any length, all joints, notching and fittings
ends, 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

8.1.1

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 to
external building envelope, Perforating and sealing around pipes and the like shall be included as
specified.

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 priming
and 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 understood
to be included.

8.2.5

Rates for membrane termination, skirtings, flashing and the like shall include; for all grooves, angles
intersections and ends, extra material in laps and passings, reinforcing strips at corners.

8.2.6

Membrane waterproofing, Liquid Waterproofing, or the like are to included for the following additional
labour, 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.

8.2.7

Generally to include; for Cutting, Notching, Laps, seams and narrow widths, straight raking curved and
circular cutting and all consequent wastage, angles, bends, returned ends and dressed ends, reinforcing
strip at angles, f1ashings, grooves, and insulation/thermal boards, replacement of defective material.

8.2.8

Dressing up and over up stands and around and into gargoyles, rainwater outlets, vent pipes and the like.

8.2.9

Tropical grade mastic sealant pointing, backer rod to all flashing and membrane terminations.

8.2.10

Rates for insulation/thermal board to include for support fixtures, fasteners and taped joints as specified.

8.2.11

Rate for tiles on roof and for skirting shall include for expansion joints and control joints. Any other
finishes described to form part of the thermal and waterproofing system, shall be measured and included
as per the relevant preambles sections as they occur.

8.2.12

Testing as specified and to the approval of the Engineer.

8.2.13

Insurance Guarantee, Warrantee as specified.

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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 GLAZING

9.4.1

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 the
system used; hardwood framing shall be measured separately.

9.5.7

Glazing shall include blocks, setting blocks, locating blocks, distance pieces, with any accessories for
fixing 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.

SECTION 10 FINISHES
10.1

GENERALLY

10.1.1

Work shall be measured flat without addition for laps or seams; finishes on corrugated or ornamental
surfaces shall be described.

10.1.2

Curved, spherical and conical work shall be described.

10.1.3

Internal and external work shall be described.

10.2

RATES FOR FINISHES

10.2.1

The rates for all finishing shall include for preparing surfaces for finishing or backings, for working at or
up to any height, all narrow widths, small areas and all cuttings.

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10.2.2

The rates for all finishing shall include for all dubbing out to walls and columns necessary to produce an
even 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 good
cutting 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
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 grooves
in surfaces.

10.2.9

The rates for ceramic wall tiling shall include for a hollow rounded fillet (bead, spacers, specified grouting
etc.)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 suspended
ceilings are measured flat on plan, verticals to bulkheads or the like shall be measured separately. All
linear 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 narrow
widths; rubbing down between coats; priming; work in multi-colors; cutting to line; opening edges of
doors 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 on
completion. The rates for painting on wood shall include for work on hardwood/softwood and for
knotting. 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.
(i)
Non structural metal work.
(ii)
Pantry cabinets.
(iii) Lockers.
(iv) Doors and windows.

10.3.4

Painting, polishing and similar work in following categories shall be measured as a separate item under
appropriate section.
(i)
Structural steel work.
(ii)
Pipe work, ductwork and similar metal surfaces.

10.3.5

Working in multi colours, sloping surfaces and working at any height shall be understood to be included.

10.3.6

Rates for sprayed paints shall include for all masking work.

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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 items
not 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 all
other 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,
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 this
section 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 be
enumerated.

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 be
enumerated 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

14.1.1

For the purposes of identification, special construction to be measured in accordance with the principles
and shall be defined as either enclosures of a specialist construction (for example: air supported or
geodetic structures, prefabricated buildings) or installations of a specialist nature (for example: radiation
protection).

14.1.2

Enclosures shall be enumerated; work within the enclosure, not being part of the enclosure construction,
shall be measured in accordance with the relevant sections of this document.

SECTION 15 CONVEYING SYSTEM


15.1

GENERALLY

15.1.1

Generally Lift/ escalator shall be enumerated. Lift/ escalator shall include all special cables, control system
complete with control panel.

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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 all
work 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 and
maintenance manuals.

15.2.4

Rates for builders work shall include for any incidental work required for proper installation of the
conveying system.

15.2.5

Builder's work in connection with the lift installation shall include, but not be limited to, cutting or
forming holes, chases, channels, etc. in block work, concrete and other materials, providing and buildingin 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 limited
to 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, Drawings
and to the complete satisfaction of the Engineer and relevant Authorities.

16.2

Builders Work shall include for all secondary steelwork supports for plant, equipment, trunking and the
like 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, draw
wires, 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 and
clear.

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
on all pipes.

16.8

Rates for accessories shall include for concrete surround and any additional excavation and disposal.

16.9

Prices and rates for duct work shall include for all bends, hangers, vanes, splitters, dampers, accessories
flexible connections, joints, waste, seams, stiffeners, bracing, access doors, sleeves, acoustic sleeves and
all items include in the sections of the specifications.

16.10

Prices and rates for insulation shall include for applying insulation to all fittings, flange boxes, valve
boxes, etc and around all supports.

16.11

Prices and rates for door transfer grilles shall be deemed to include for forming of holes, fixings and
making good.

16.12

The total cost for the services shall include for the detail design as specified in the Contract, together with
the preparation of all necessary calculations and workshop drawings which, together with all

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manufacturing data shall be submitted to the Engineer for approval before purchase, manufacture or
installation.
16.13

The rates for sanitary fittings and the like, unless otherwise described, shall be deemed to include all
accessories, 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 protective
wrappers 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 the
maintenance 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, Drawings
and 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, lock
nuts, 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 as
necessary.

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, together
with the preparation of all necessary calculations and workshop drawings which, together with all
manufacturing data shall be submitted to the Engineer for approval before purchase, manufacture or
installation.

17.10

The cable and conduit to sub-main circuits are to be enumerated and any vertical or horizontal cable
required for connections, loops, etc. at equipment, appliances, control gear or the like will be deemed to be
included.

17.11

Rates and prices shall include for periodic and preventive maintenance and servicing throughout the
maintenance period.

17.12

Rate shall include for preparation of all documents (work shop drawings, line diagrams, calculations etc..)
for obtaining local Authority approvals.

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SECTION 18 - BUILDERS WORK
18.1

GENERALLY

18.1.1

The expression "Builder's Work" shall mean all ancillary work carried out by the Contractor in
connection 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 be
avoided, but where this becomes a necessity, the Contractor must obtain the written approval of the
Engineer 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 be
embedded 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 the
structures 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 and
subsequent 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, access
chambers and sump pits and parking drains.
(viii)
The formation of ducts within concrete slab, together with access covers and frames to the
approval of the Engineer.
(ix)
The building of timber frames, access panels and doors, including ironmongery, to give access
to pipes, ducts equipment and the like including co-ordination with relevant trades.
(x)
Waterproofing of penetrations for external ductworks and pipe works to the Engineers
approval.
(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 up
stands, fire barrier seals as required, and the like
(xvii) Trenches for Cables and Pipes, Concrete bases, plinths for plant and equipment, machine
foundations, pipe supports, suspended slabs, steel support beams and the like, together with all
necessary waterproofing, sound attenuation, floating floors, isolation pads, inertia bases and the
like as per specification and Local Authorities Approvals. Supply and installation of hot dip
galvanized steel frames and chequered plates for cable trenches, services trenches, manhole
covers as detailed in specifications, drawings and as per Local Authority requirements.
(xviii) Surveyor's assistance for setting out positions of all block works, etc. for fixing of pipe sleeves
and cut-outs on floor, slabs as required by MEP / other Subcontractors. Marking and setting out
datum or reference markers allowing verifications and/or setting out of work is considered to be
included.
(xix)
Secondary steel framing necessary for support of plant, pipe work, lifts, ductwork and the like
(e.g. Steel supports required for fixing of equipment, pipe etc. on steel roofs or the like)
(xx)
Elevator lifting beams, supports, hooks, shaft separation beams, lift pit ladder, machine room
railing, post filling behind lift door jambs and other necessary builders works.

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(xxi)
(xxii)
(xxiii)

Excavation and backfilling of external water supply, drainage pipes and cables service duct
trenches etc. to concerned authority approval.
The building of meter pits, sumps, manholes, handles, access chambers, Inspection chamber
and the like.
'Builders work' will include and not be limited to all the above, but shall be in conjunction with
requirement 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 BOQ
are 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
profit or contribution due to non-payment of Day work amount covered under Bill nr- 12 of the Tenders
BOQ.

19.1.2

The cost of any Day work carried out shall be assessed at Rates given in the Day works Schedule of the
Bills of Quantities.

19.1.3

The Contractor shall request the approval of the Engineer in writing prior to carrying out any work on a
day work basis.

19.1.4

Day work rates stated in the BOQ shall be deemed to cover Contractors 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 a
reasonable extent equal or similar to those utilized by the Tenderer in pricing all items of the Works.
****

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