Conditions Of Contract
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Conditions Of Contract Conditions Of Contract Document Transcript

  • VOLUME - I TENDER AND CONTRACT CONDITIONS OCTOBER 2008
  • VOLUME I TENDER AND CONTRACT CONDITIONS PAGE NOS. PART A - FORM OF TENDER A/1 - A/3 PART B - INSTRUCTIONS TO TENDERERS B/1 - B/11 PART C - FORM OF AGREEMENT C/1 - C/2 PART D - CONDITIONS OF CONTRACT GENERAL CONDITIONS CC/1 – CC/37 CONDITIONS OF PARTICULAR APPLICATIONS D/1 – D/38 PART E - DRAWINGS E/1 - E/3 ANNEXURE - LETTER OF ACCEPTANCE MIZIN AUTHORITY REQUIREMENTS FOR DESIGN ERECTION OF HOARDING WALLS
  • PART A FORM OF TENDER
  • FORM OF TENDER (The Appendix forms part of the Tender) To: …………………………….. P.O. Box ……………...….. ………………………….…. ………………………….…. Dear Sir, 1. Having examined the Instructions to Tenderers, 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 and maintain the whole of the said Works in conformity with the said Instructions to Tenderers, Conditions of Contract, Drawings, Form of Agreement, Specifications and Bills of Quantities for the Contract Price of or such other sums as may be ascertained in accordance with the said conditions. 2. We acknowledge that the Appendix 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 Circulars and Bulletins listed below, copies of which are returned with our Tender. .......…………........................................................................................................................... ....................………….............................................................................................................. ....................………….............................................................................................................. 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 comprised in the Contract within the time stated in the Appendix hereto. 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.
  • 6. If our Tender is accepted we will, when required, obtain the guarantee of a Bank (to be approved by you and the Employer’s Representative) to be jointly and severally bound with us in a sum equal to the percentage of the Contract value as defined in Clause C.10 of the Conditions of Contract for the due performance of the Contract. We further agree to provide this bond upon receipt of the Employer’s Representative order to commence the Works. 7. 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. 8. 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. 9. We understand that you are not bound to accept the lowest or any tender you may receive. 10. We herewith provide a Tender Bond Guarantee in the sum of five percent (5%) of the Tender Amount. Dated this.…........... day of .……..................................... Two Thousand and Eight Name …………………………………… (Signature.)....……...............…............................... Acting in the capacity of ....……..........……………………………………………................................... Duly authorized to sign Tenders for and on behalf of Full Name of Company ...............................................................…………………………… Address .......................................................................................…………. ............................................................................................………. ..................................................................................……………… Witness .........................................................................................………… Address ............................................................................…………………. Occupation ............................…................................................………………..
  • Appendix to the Form of Tender Clause Amount of Performance Security 10.1 5% of the Accepted Contract Amount Minimum Amount of Third 23.2 Dhs. 5,000,000.00 Party Insurance for any one occurrence, number of Occurrences unlimited Commencement of Works 41.1 Date of receipt of Letter of Acceptance and Date of the building permit Time for Completion 43.1 16 months with final hand over of the project including final testing and including Mobilization commissioning Liquidated Damages for Delay 47.1 Dhs. 50,000.00 per day limited to a total of 10% of the Contract price Period of Maintenance 49.1 365 days Percentage for adjustment of Provisional Sums 59.4 (c) ……… percentage to be inserted by the Contractor Percentage of Invoice value of listed materials 60.1 (c) 75% Percentage of Retention 60.2 10% Limit of Retention Money 60.2 10% of the Contract Price Time within which payment to 60.10 30 days be made after Certificate Advance Payment 60.11 5% of the Contract Price against Bank Guarantee
  • PART B INSTRUCTIONS TO TENDERERS
  • INSTRUCTIONS TO TENDERERS One set of the following tender document is issued for tendering: Letter of Invitation Volume 1 - Tender and Contract Conditions Volume 2 - Bills of Quantities Volume 3 - Civil General Specifications Volume 4 - MEP Specifications Volume 5 - Drawings Volume 6 - Soil Investigation Reports The following instructions should be carefully noted by intending tenderers as failure to comply with them may lead to invalidation of the tender. B.1 Scope of Works B.1.1 The Works forming part of this Tender comprises the construction, completion and drawings, specifications and bills of quantities contained in these tender documents. B.1.2 The Contractor shall allow for coordinating his work with the Enabling Works Contractor and any other separately employed contractors on site. B.2 Location of Site B.2.1 The site is located at Liwan, Dubai, U.A.E. as shown on the site plan. B.3 Title of the Works B.3.1 The title of the Works is: - “CONSTRUCTION OF BUILDING AT LIWAN, DUBAI, U.A.E.”
  • B.4 Submission of Tenders B.4.1 The tenderer shall submit three (3) copies of tender documents, the copies to be marked quot;Originalquot;, 1st Copyquot; and quot;2nd Copyquot;, and one copy of tender drawings. The Form of Tender shall be signed by a duly authorised representative of the Company tendering and shall be stamped with the Company's stamp. B.4.2 Each page of the tender document and tender drawings is to be stamped with the Company's stamp and initialed by the duly authorised representative of the Company. B.4.3 Tenders shall be sealed in an envelope marked only: addressed and submitted at the office at the location specified in the invitation not later than the time and date specified in the Letter of Invitation. B.4.4 No alterations (other than filling the blanks intended to be filled in) shall be made in the Form of Tender and other sections of the tender Document. The tender Document shall be submitted intact with items in the Bills of Quantities fully priced and totaled, and in United Arab Emirates Dirhams, having a unit rate or price (as applicable) affixed to every item therein. B.4.5 If any alteration is made, except as aforesaid, and if these Instructions to Tenderers are not otherwise fully complied with, the tender will not be considered. B.4.6 There shall be no overwriting and any mistakes which are corrected shall be initialed by the duly authorized representative. B.4.7 The following supporting documents must be submitted in triplicate with the tender Documents. (a) A statement, signed by the Authorized Representative, stating that the tenderer has visited the site and that he has no queries on any matter concerning the contract. (b) A tender Bond in accordance with Clause B 18 of these Instructions to Tenderers (the original plus two photocopies). B.4.8 The tenderer shall submit with his tender proof of the Authorized Representatives authority, which shall be duly certified by an authorized officer of the Government of Dubai, United Arab Emirates. NEB – Tender and Contract Conditions B/2 October 2008
  • B.5 Opening of Tenders B.5.1 The tenders will be opened in private at the convenience of the Employer. B.5.2 The Employer reserves the exclusive rights to accept or reject all or any part of the tender without stating any reasons. The Employer will not be responsible or pay far expenses or losses which may be incurred by any Tenderer for the preparation of the Tender. B.6 Visiting Site B.6.1 The Tenderer will be deemed to have visited the Site or caused it to be visited on his behalf by a competent and reliable person to obtain for himself on his own responsibility all information that may be necessary for the purpose of preparing a tender and entering into a contract. All costs and charges in connection with the above mentioned visits shall be borne by the Tenderer. B.7 Buildings, Work yards, etc. B.7.1 The Tenderer must examine and consider the Site and its surroundings, he must satisfy himself as to the nature of the existing works and buildings in the vicinity of the proposed Works, the nature of the existing roads or other means of communication, the access to and egress from the Site and Works, the available accommodation as regards land for temporary purposes (inside or outside the Site), the buildings that may be required for temporary purposes, and must make his own enquiries as to work yard sites and such other additional areas as he may require for temporary occupation all for the construction, completion and maintenance of the Works described in the Contract Documents. B.8 Physical Conditions B.8.1 The Tenderer must make local and independent examination and enquiries as to the physical conditions prevailing at the Site and obtain his own information on all matters and things that may in any way influence him in making a tender. He must also satisfy himself as to the risks, obligations and responsibilities to be undertaken in the Contract to be entered into by him should his tender be accepted. B.9 Materials, Labour, etc. B.9.1 The Tenderer must enquire and satisfy himself as to the source of supply, the sufficiency and the means of obtaining and transporting all materials, labour, fuel, water, electrical current for light and power and other things required for or in connection with the Works and he must consider all other matters and possible contingencies affecting the construction, completion and maintenance of the Works. B.10 Neglect to Obtain Reliable Information B.10.1 Any neglect or failure on the part of the Tenderer to obtain reliable information on the spot or elsewhere upon the foregoing or any other matters affecting the construction, completion and maintenance of the Works and the Contract shall not relieve the accepted Tenderer from any risks or liabilities or from the responsibility completing and handing over the Works all as defined in the Contract.
  • B.11 Interpretation B.11.1 The Tenderer may request clarification or interpretation from the Employer’s Representative / Engineer of any aspect of the Tender Documents by facsimile or letter. The Employer’s Representative / Engineer's response will be made by facsimile or letter addressed to all Tenderers. Where such clarification or interpretation requires a change in the Tender Documents, the Employer’s Representative / Engineer will prepare and issue an addendum to the Tender Documents. B.11.2 The Employer’s Representative / Engineer will not be bound by, and the Tenderer shall not rely upon, any oral interpretation or clarification of the Tender Documents. B.11.3 Any request for clarification or interpretation should be received by the Employer’s Representative / Engineer not later than five days before the tender submission date. B.11.4 If the Tenderer requires clarification or interpretation in the final five days before tender submission date then he shall when submitting his tender set out in a covering letter the interpretation on which his tender has been based. B.12 Information Supplied Not Binding B.12.1 Neither the Employer nor the Employer’s Representative / Engineer nor any of their employees has any authority to make any representation or to give any explanation to Tenderers as to the meaning of the tender documents, or as to anything to be done or not to be done by the Contractor whose tender is accepted, or as to these Instructions, or as to any other matter or thing so as to bind the Employer or bind and fetter the judgment or discretion of the Employer’s Representative / Engineer in the exercise of their powers and duties under the contract, except in so far as the Employer’s Representative / Engineer may issue a formal Circular letter to all Tenderers, amending or explaining the tender documents, to be incorporated in to the Formal Agreement when the Contract is signed. B.12.2 No claim for an increase in any of the rates or prices shown in the Bills of Quantities or in any other rate or price to be determined in accordance with the Conditions of Contract shall be entertained nor shall the Contractor whose tender is accepted be entitled to pursue any claim on the grounds of any representation or on the grounds that they were supplied with information or given any promise or guarantee by the Employer or to the Employer’s Representative / Engineer or their employees or by any other person.
  • B.13 No Alteration to Documents B.13.1 No unauthorized addition, omission or alteration is to be made by the Tenderer to the Tender Documents. If any such alteration is made or if these instructions are not fully complied with or if any incomplete tender is submitted, the tender may be rejected. Unpriced items shall be deemed to be included in the final tender price. B.13.2 It is a condition of tender that an offer must be submitted solely on the basis of the tender documents issued to Tenderers and must be free of all qualifications. Should Tenderers wish to submit an alternative offer to the Employer for consideration, such offer must be additional to and completely separate from the unqualified tender. B.13.3 Alternative designs will be considered if the Contractor can guarantee an earlier or more timely completion than that stated in the Contract. Fully detailed calculations shall be submitted in a covering letter with the tender to substantiate the alternative in a covering letter with the Tender. B.13.4 The tenderer should state on which of the alternative designs he has based his tender. He should insert quantities accordingly. B.14 Currency and Prices B.14.1 All prices quoted must be in U.A.E. Dirhams. Fractions of Dirhams shall be in Fils. B.14.2 The quoted tender price shall be valid during the whole period of the execution of the works. No compensation shall be made due to currency fluctuations. B.15 Acceptance or Rejection of Tenders B.15.1 The Employer does not bind himself to accept the lowest or any tender and will not assign any reason for the rejection of any tender. The Employer will not be responsible for or pay for any expenses or losses which may be incurred by any Tenderer in the preparation of his tender. B.16 Tender Prices B.16.1 Each and every page of the priced tender document is to be stamped and initialled by the Tenderer. All tender prices to be extended in ink. B.16.2 Any genuine arithmetical errors made by the Tenderer in extensions or totals in the Bills of Quantities and carried through to the Form of Tender will be corrected. The Tenderer must stand by his corrected Tender Price. B.16.3 In cases where unit rates included in the priced Bills of Quantities are found to be unacceptable to the Employer’s Representative / Engineer, the Tenderer shall amend his rate by such amount as agreed with the Employer’s Representative / Engineer. The price difference in the extended total for the item of work shall be carried through to the General Summary page and clearly described and referenced, and added to or deducted from the tender amount.
  • B.16 Tender Prices [cont’d] B.16.4 The Tenderer will be required to provide the Employer’s Representative / Engineer with a full and detailed Tender Breakdown within 24 hours of being so requested. The breakdown will be required amongst other things to detail the calculations and build up of all rates into labour, material and plant with detailed quantity take-offs, on-costs, overheads and any other additions together with the calculation of preliminaries. B.16.5 The Contractor may be required, at his own expense, to visit the Employer's offices after submission of his tender in order to answer any queries raised by the Employer’s Representative / Engineer upon his tender. B.17 Tender Bond B.17.1 Tenderers shall provide an unconditional Tender Bond in favour of the party referred to as the Employer in these Tender and Contract Documents in an amount equal to 5% (five percent) of the Tender Amount stated in the Form of Tender. Such bond shall provide a surety or sureties satisfactory to the Employer to be jointly and severally bound with the Tenderer in a form approved by the Employer and the Employer’s Representative / Engineer. B.17.2 A bond in respect of another Tender is not acceptable as the Bond in respect of this Tender and a declaration to this effect, signed by the Tenderer and the bond surety or sureties shall be submitted with the Tender Documents. B.17.3 The security provided by unsuccessful Tenderers will be discharged three calendar months after the date fixed for delivery of Tenders to the Employer, or until such earlier date as a Tender shall have been accepted by the Employer and a Performance Bond shall have been duly provided by the Tenderer whose Tender is accepted. B.17.4 Notwithstanding the above mentioned period of three calendar months, the security provided by the Tenderer whose Tender is accepted shall be discharged only upon the receipt by the Employer of the Performance Bond referred to and defined elsewhere in these Contract Documents. B.17.5 If the Tenderer whose tender is accepted fails to provide the above mentioned Performance Bond at the time of receipt of the Employer’s Representative / Engineer's order to commence the full amount of the Tender Bond shall become payable to the Employer as compensation for such default. B.18 Validity of Tender B.18.1 Tenders shall remain valid and binding upon the Tenderers for a period of 90 days, with a provision for extension upon mutual agreement, commencing from the date fixed for delivery of tenders to the Employer and it may be accepted at any time before the expiry of this period.
  • B.19 Tender Evaluation B.19.1 The Tenderer must be prepared to visit the Employer’s Representative / Engineer's offices in the period of tender evaluation to clarify and/or amplify any part of his tender in order to satisfy the Employer’s Representative / Engineer that he has carefully considered all matters affecting the execution of the work. B.19.2 All costs in relation to these visits shall be borne by the Tenderer. B.20 Tendering to be Confidential B.20.1 All Tenderers shall consider and treat all details in these Tender and Contract Documents as private and confidential. B.21 Language B.21.1 All correspondence in connection with this contract shall be in English. B.22 References B.22.1 The Tenderer shall submit with his tender, references of all key personnel to be involved with the contract. B.23 Manpower B.23.1 The Tenderer shall submit with the tender a schedule of proposed manpower for the entire duration of the project. B.24 Equipment and Plant B.24.1 The Tenderer shall submit with the tender a schedule of proposed equipment and construction plant for the entire duration of the project. B.25 Type of Contract B.25.1 This is a lump sum fixed price contract. Unless specifically described as being provisional or estimated, the quantities will not be re-measured. Notwithstanding the lump sum nature of the contract, the contract price upon completion of the works will be amended to include only the approved expenditure of provisional sums and dayworks. This is in addition to the other amendments that are necessary to be carried out as provided for in the conditions of contract. B.25.2 The Bills of Quantities have been prepared as estimated quantities and the Tenderer is responsible for the accuracy of the Quantities. No adjustments will be made in the event of any error in the Quantities being discovered after acceptance of the tender. The Bills of Quantities will be used to prepare interim Valuations and to value any Variations which may occur.
  • B.25 Type of Contract [cont’d] B.25.3 The descriptions contained in the Bills of Quantities for each item are not necessarily complete. The Contractor is referred to the Conditions of Contract and other documents, Specifications and Drawings as well as relevant Standards and Codes of Practices for further information as no claim or variation will be considered on account of the Contractor's failure so to do. B.25.4 The Contractor is to execute the Works in accordance with the intent and meaning of the Drawings and Specifications and is to supply all items/accessories necessary for the proper execution of the Work and is to execute all Work which may be inferred whether or not specifically shown or described. B.26 Conditions of Contract B.26.1 The General Conditions of Contract comprise the “General Conditions”, which form part of the “Conditions of Contract for Works of Civil Engineering Construction” Fourth Edition 1987, with 1992 amendments published by the Federation Internationale des Ingenieurs-Conseils (FIDIC), and the following Part II “Conditions of Particular Application”, which include amendments and additions to such General Conditions. B.27 Time of the Essence B.27.1 The tenderers shall note that the completion period of the project is most important. B.27.2 To this end, the Employer will be very receptive to proposals for shortening the contract period by whatever possible means. B.28 Local Agent B.28.1 No tender will be accepted unless accompanied by a copy of a current and valid Trade License issued by Dubai Municipality in the name of the tenderer. In the event that the firm has not established an office in the Emirate of Dubai, then it must submit a letter stating the name and address of their local agent, countersigned by him and authenticated by the court concerned. B.29 Project Programme B.29.1 The Tenderer shall submit a proposed overall construction programme. The time scales shall be indicative of the periods in which the works have been planned to be carried out. B.29.2 The Employer reserves the right to impose a financial penalty, pro-rata to the percentage of the value of each package in relation to the Contract Price and Liquidated damages. In the event the Contractor achieves the final completion date or the next agreed milestone, financial penalties incurred would be reimbursed. Any penalties imposed shall be limited to 10% of the package value.
  • B.30 Completion in accordance with Programme B.30.1 The Tenderer is to allow for all necessary overtime or additional shifts in his tender to ensure compliance with the programme for the Works. Under no circumstances shall any claims for additional costs due to overtime or additional shift working required to complete the Works on time be entertained. B.31 Bona Fide Tender B.31.1 The Tenderer must not discuss this tender or any aspect of it with any third party. Any evidence of collusion or collaboration will result in rejection of the Tender. B.32 Manufacturers / Suppliers of Materials B.32.1 The tenderer shall consider using locally available materials provided those materials comply with the specification. B.33 Particulars to be submitted with Tender B.33.1 Tenderers shall submit with their tenders the following particulars:- (a) a copy of each Circular Letter to Tenderers issued by the Employer’s Representative / Engineer, if any, which must be endorsed by the Tenderer. (b) a Method Statement giving in outline and detail their general scheme and programme of the execution of each section of the Works in the form of a bar chart; the programme shall be separated into sections to show how the various elements of the works are to be integrated and shall incorporate in detail the work of all sub-contractors ; (c) particulars of their proposed site organization including CVs of senior staff and the labour force they propose to use, giving details of the number of workmen to be employed during the contract; (d) particulars of the plant they propose to use ; (e) a list of the Sub-Contractors, including local firms they propose to use with particulars of the extent of the work which will be undertaken by them : (f) the sources from which they propose to obtain their local materials and aggregates ; and details of all other sources and types of materials where these vary from the specification, (g) their forecast of certificate payments in the form of a cash flow chart. (h) a proposed Site layout which should clearly show the position of all temporary works, offices, stores, sheds, work areas, etc. in relation to the permanent works, access to the Site, temporary roads within the Site, etc. (i) particulars of their proposed piling method as required by the Specification. (j) A Site Access Plan including estimated traffic movements for the duration of the Contract. All approved proposals will be binding on the Contractor and can only be altered at the
  • Employer's or Employer’s Representative / Engineer’s discretion. B.34 Alternative Tenders: B.34.1 In the event that the Tenderer wishes to submit and alternative tender based on specifications other than those in the Tender Documents, this alternative will only be considered provided that a Tender fully complying with the conditions laid in the Tender Documents is also submitted. The Tenderer shall give full details of such alternative specifications together with the effect, if any, on the Tender Sum. The Employer shall be free to accept whichever Tender he may choose. Alternative Tender must be submitted along with the main Tender and shall be endorsed “Alternative No. 1” B.35 Value Engineering B.35.1 In the event the proposed Contract Price is over and above the Employers Budget, the Contractor may be requested to participate in Value Engineering exercise. The Employer also reserves the right to transfer the any parts of work to Provisional Sums and nominating a Specialist Subcontractor.
  • SPECIMEN FORM OF TENDER BOND To : …………………… P.O. Box ………… Dubai U.A.E. We have the honour to inform you that we guarantee Messrs ...................................................................……..................…............................................... for the amount of ..................................................................………...…............................................. ...............................................................................................(Dhs……..............................................) as guarantee for their good intention in the presentation of their Tender for construction, completion, maintenance and delivering up of the above-named works mentioned in conformity with the provision of the Contract Documents. This guarantee shall remain valid and irrevocable for a period of ninety (90) days starting at twelve (12) o'clock on the date indicated in your letter of invitation to tender. In the event of Messrs ..................................................................................……….......................... ..................................................................................................................................………................ ................................................................. withdrawing their tender before the expiration of the period of validity of this letter of guarantee we definitely undertake to deposit with you upon demand and not withstanding any objection on the part of the said Messrs .....................................................................................................................………......... .....................................................................................................................................................…… the aforesaid sum of ........................................................................................................................… .......................................................................................................................................…. in cash. Yours faithfully Signature
  • PART C FORM OF AGREEMENT
  • FORM OF AGREEMENT THIS AGREEMENT made the .................. day of ................................. 2008 BETWEEN WHEREAS the Employer is desirous that certain Works should be executed, namely construction, completion and remedying of any defects of Residential Building at Liwan, Dubai, U.A.E. and has accepted a tender by the Contractor for undertaking such works. NOW THIS AGREEMENT WITNESSES as follows:- 1. The Employer will pay to the Contractor the sum of………………………………………………….... ...................................................................................................................... (hereinafter referred to as the quot;Contract Pricequot;) or such other sum as shall become payable under the Contract. 2. 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. 3. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz:- (a) The Conditions of Contract (b) The Drawings (c) The General Specification (d) The Priced Bills of Quantities (e) The Form of Tender (f) Appendices (g) The Letter of Acceptance (h) The Instructions to Tenderers (j) Any other documents mutually agreed to be signed and dated at this time and listed hereunder: ..…......………............................................................................................................. ..…......………............................................................................................................. 4. In consideration of the payments to be made by the Employer to the Contractor as herein mentioned the Contractor hereby covenants with the Employer to undertake the Works in conformity in all respects with the provisions of this Agreement. 5. The Employer hereby covenants to pay the Contractor in consideration of the completion of the Works the Contract Price within 30 days of acceptance of the Contractor’s final report.
  • Form of Agreement IN WITNESS whereof the authorized representative of the parties have hereunto set their respective hands the day and year first above written. SIGNED BY................................………….................... SIGNED BY...................................................…………. for and on behalf of THE EMPLOYER In the presence of :- Signature..................................................... Address....................................................... Occupation.................................................. SIGNED BY................................................…………… for and on behalf of THE CONTRACTOR In the presence of :- Signature..................................................... Address....................................................... Occupation..................................................
  • PART D CONDITIONS OF CONTRACT
  • GENERAL CONDITIONS
  • CONDITIONS OF PARTICULAR APPLICATIONS
  • Part D _____________________________________________________________ PART 1 GENERAL CONDITIONS The General Conditions of Contract shall be the Conditions of Contract for Works of Civil Engineering Construction, (Fourth Edition 1987 – reprinted 1988 with editorial amendments and reprinted 1992 with further amendments) published by the Federation Internationale des Ingenieurs – Conseils (FIDIC) and shall be amended and added to in accordance with the following Part II entitled “Conditions of Particular Application”. Tenderers are deemed to be in possession of their own copy of this document. The Clauses in Part II Conditions of Particular Application shall take precedence over the Clauses of the General Conditions of Contract.
  • Part D _____________________________________________________________ PART II CONDITIONS OF PARTICULAR APPLICATION Note: Clause reference numbers refer to Clause numbers in the General Conditions of Contract where applicable. Definitions Dubai, U.A.E (x) The quot;Quantity Surveyorquot; is Dubai, U.A.E Engineer’s Duties and Authority 2.1(b) Before exercising his authority under the following Clauses of the Contract, the Engineer is required to obtain the specific approval of the Employer. Clause 2.3 Authority to Delegate Clause 2.4 Appointment of Assistants Clause 4.1 Subcontracting Clause 14.1 Programme Clause 15.1 Contractor's Superintendence Clause 44.1 Extension of Time Clause 48 Taking-Over Certificate Clause 51.1 Variations Clause 52.1 Valuation of Variations Clause 52.2 Power to Fix Rates Clause 58.2 Use of Provisional Sums Clause 60.8 Final Certificate Clause 62.1 Defects Liability Certificate
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Language 5.1(a) The Contract Documents shall be drawn up in the English and Law language. (b) The Contract shall be governed by and construed according to the Laws in force in Dubai, U.A.E. (c) The Contractor shall conduct all correspondence with the Employer and the Engineer in English language. Priority of 5.2 Add the following: Contract Documents If any discrepancies occur between the contracts documents, the Engineer has the right to choose any of the specified materials and the Contractor to price the items considering such errors or mistakes. Supplementary 7.1 Add the following: Drawings and Instructions The Contractor shall give the Engineer reasonable notice of any additional design drawings, specifications or instructions required to define the Works in greater detail or to permit the proper progress of the Works. Failure to give notice under sub-clauses 6.3 and 7.1 will remove the Contractor’s right to claim for extensions of time under sub-clause 6.4. The Contractor shall not be entitled to additional payment if such drawings do not incur the contractor in additional work. Contractor’s 8.4 The contractor shall perform all his obligations under the Contract Obligations strictly in accordance with the standards of skill, care and diligence adhered to by experienced and competent contractors specialising 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. Delete Sub-clause 11.1 of the General Conditions and insert the following: Inspection 11.1 The Contract shall be deemed to be based on of Site the understanding that the Contractor is completely familiar with the physical conditions prevailing at the Site. No additional payment in respect of the above will be considered.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Sub-clause 14.1 and 14.2 of the General Conditions are deleted and the following substituted: Programme to 14.1 The Contractor shall submit to the Engineer/ the Employer, within be Submitted 28 days after the date of Letter of Acceptance, for their consent, a programme (three paper copies and one electronic copy in Primavera Version) in a form prescribed hereunder, for the execution of the Works. The Contractor’s first monthly payment will be dependent upon the consent, by the Engineer, of the said programme. The Contractor shall also submit: a) a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. b) a schedule of submission of shop drawings indicating the approved required-by date. c) fabrication schedules. d) material procurement schedules. e) a cash flow forecast by loading each activity in the Base Line by the equivalent Budgeted cost. f) a subcontractors’ procurement schedule. g) a list of key project indicators e.g. concrete, formwork, blockwork etc. h) the Contractor shall coordinate with the Engineer/ the Employer for the required dates for appointment of all PC & PS items taking into consideration that none of the PC & PS items shall commence prior to 5 months of project commencement dates. Items (a), (b), ( c), (d), (e), (f) and (g) are to be in line with the programme. The programme shall include the following: 1. A critical path analysis. 2. Total and free floats. 3. Duration of each activity. 4. Early start, early finish, latest start and latest finish of each activity. 5. Critical activities. 6. Predecessors and successors. 7. The programme shall be resourced and the manpower and plant requirements and cost of each items are to be indicated time unit wise. 8. The footer shall include a revision box, programme number and the issue date. 9. The header shall include the project title and programme title. 10. The package numbers together with the subcontractors’ names. 11. The activities shall also show relationship between procurement, construction and installation.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Recovery 14.2 If at any time it should appear to the Engineer that the Programme actual progress of the Works does not conform to the approved programme referred to in Sub Clause 14.1, the Contractor shall produce within 7 days of being so requested by the Engineer a recovery programme showing the modifications to the approved programme necessary to ensure completion of the Works within the time for completion as defined in Clause 43 of the Conditions of Contract. Cash Flow 14.3 Submit the cash flow estimate within 28 days after the date of the Estimate Letter of Acceptance. Contractor not 14.4 The submission to and consent by the Engineer of such Relieved of programmes or the provision of such general descriptions or cash Duties or flow estimates shall not relieve the Contractor of any of his duties Responsibilities or responsibilities under the Contract. Contractor 14.5 The Contractor is requested to submit daily, weekly and Reports monthly reports in accordance with the common standards and practice. All the above reports format to be in compliance with the Engineer / the Employer’s planning and scheduling requirements. Contractor's 15.2 The Contractor's authorised representative shall be fluent Superintendence in English. Setting Out 17.1 In line 10 after quot;Employerquot;, the following sentence is to be added. quot;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 Drawings and Specifications are 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 tenderingquot;. Employer's 20.4 Delete sub-clause 20.4(h). Risks Accident or 24.1 After each reference to Employer, insert 'and Engineer'. Injury to Workmen Transport of 30.2 This clause is deleted and the following substituted: Contractor’s Equipment or Temporary Works “Should it be found necessary for the Contractor to move One or more loads of constructional plant, machinery or pre- constructed units or parts of units of work over part of a highway or bridge, the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out, the Contractor shall before moving the load on to such highway or bridge, give notice to the concerned owner or Government
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Department. All costs, expenses, delays and the like arising therefrom shall be the entire responsibility of the Contractor. No claim will be allowed by the Engineer for any such costs, expenses, delays and the like. After Sub-clause 34.1 insert the following: Accident 34.2 The Contractor shall have on his staff at the Site an officer Prevention dealing only with questions regarding the safety and protection Officer, against accidents of all staff and labour. This officer shall be Accidents qualified for this work and shall have the authority to issue instructions and shall take protective measures to prevent accidents. Health and 34.3 Due precautions shall be taken by the Contractor, and at his own Safety 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 hygiene requirement. Supply of 34.4 The Contractor shall, so far as is reasonably practicable, having Water regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of his staff and labour. Alcoholic 34.5 The Contractor shall not, otherwise than in accordance with the Liquor or Statutes, Ordinances and Government Regulations or Orders for Drugs the time being in force, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such importation, sale, gift, barter, or disposal by his sub- contractors, agents, staff or labour. Arms and 34.6 The Contractor shall not give, barter or otherwise dispose of to Ammunition any person or persons, any arms or ammunition of any kind or permit or suffer the same as aforesaid. Festival 34.7 The Contractor shall in all dealings with his staff and labour have and Religious due regard to all recognised festivals, days of rest and religious or Customs other customs. Disorderly 34.8 The Contractor shall at all times take all reasonable precautions Conduct 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 neighborhood of the Works against the same.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] After Sub-clause 35.1 insert the following: Reporting 35.2 The Contractor shall report to the Engineer details of any to Accidents accidents as soon as possible after its occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineer immediately by the quickest available means. Cost of test not 36.4 Sub – clause 36.4 is deleted entirely & Substitute: - provided for 36.4.1 The Contractor shall allow in his pricing for all tests as necessary to be carried out on the materials due for incorporation into the works. The Contractor shall note that it may be required that the Engineer will have to visit the factories of various manufacturers in order to establish and monitor testing procedures and the Contractor’s price is deemed to have included for providing such provisions. 36.4.2 The Contractor is to submit samples of all materials and / or catalogues requested by the Engineer, and the cost for the same is deemed to be included in the Contract. Samples of workmanship requested by the Engineer shall be provided by the Contractor and the cost for the same is deemed to be included in the Contract. 36.4.3 The Contractor is to carry out tests of materials as required by the Engineer and the cost for the same is deemed to be included in the contract. Time for Completion 43 Delete quot;calculated from the last day of the period named in the appendix to the Tender as that within which the Works which are to be commencedquot; and Substitute quot;calculated from the date of the Engineer's written order to commence the Works on Site”. Cost of Overtime 45.2 After Sub-clause 45.1 insert the following: The rates wherever applicable to be used for calculating overtime for the Engineer and the Design Consultant will be as follows: Overtime Dhs/hr Resident Engineer / Project Manager 350 Structural Engineer / Architect 250 MEP Engineer 250 Site Engineer 200 Quantity Surveyor 250
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Penalty for Delays 47.1 After Sub-clause 47.1 insert the following: If the amount of penalty for delays payable to the employer should reach 10%, The Employer has the right to take over the project and complete it and charge any extra cost over the contract amount to the contractor. This is in addition to the 10% penalty and excluding consultant supervision fees for additional time of construction. Reduction of penalty 47.2 This clause has been entirely deleted. for delay. Concurrent Delays 48.5 Add the following: In the event of concurrent delays, client will not pay any prolongation costs and Contractor to consider that this clause will supersedes any clauses that may contradict with the content of this clause.” Quantities 55.1 The Contractor shall be deemed to have satisfied himself as to the accuracy of the quantities (except for any provisional items and/or provisional quantities) and to have included in the Contract Price for all variances in measurements and inserting appropriate prices in the Bills of Quantities where provision is made for the Contractor to price such variances. Any error in the description in or any omission from the Bill of Quantities shall not vitiate the Contract nor release the Contractor from the execution of the whole or any part of the works according the drawings and specifications or from any of his obligations or liabilities under the contract. Quantities not to 55.2 The quantities shall not be subject to re measurement. Any errors Be remeasured shall not be adjusted in accordance with Clause 51 here in. Works to be 56.1 This clause has been deleted and substitute: remeasured “This is a Lump Sum Contract and therefore the works shall not be subject to re-measurement except where specifically ascertain and determine by reference to the Contract Price. The value of the works in accordance with the Contract and the Contractor shall be paid that value in accordance with clause 60. The Engineer shall, when he requires any variations or provisional items to be measured, give reasonable notice to the Contractor’s authorised agent, who shall: a) forthwith attend or send a qualified representative to assist the Engineer in making such measurements and b) supply all particulars required by the Engineer.
  • _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Definition of 59.1 Add the following: “Nominated Subcontractors” The contractor has to prove within 28 days from the receipt of the nomination letter from the Engineer that he entered in a Sub contractor agreement with the nominated Subcontractor. Nominated 59.2 Insert after sub clause 59.2(b) the following: Sub-Contractors Objection to Nomination c) that the sub-contract works shall be completed within the period or (where they are to be completed in sections) periods therein specified. The Contractor shall not without the written consent of the Engineer grant any extensions of time for completion of the sub-contract works or any sections thereof, and the Contractor shall inform the Engineer of any representations made by the nominated sub-contractor as to the cause of any delay in the progress or completion of the sub-contract works or any section thereof. d) that if the nominated sub-contractor shall fail to complete the sub-contract works or (where the sub-contract works are to be completed in sections) any section thereof within the period therein specified or within any extended time granted by the Contractor with the written consent of the Engineer and the Engineer certifies in writing to the Contractor that the same ought reasonably so to have been completed, the nominated sub-contractor shall pay or allow to the Contractor either a sum calculated at the rate therein agreed as liquidated and ascertained damages for the period during which the said Works or any section thereof, as the case may be, shall so remain or have remained incomplete or (where no such rate is therein agreed) a sum equivalent to any loss or damage suffered or incurred by the Contractor and caused by the failure of the nominated sub-contractor as aforesaid. f) that the Contractor shall retain from the sum directed by the Engineer as having been included in any certificate issued a percentage (which percentage shall be equal to the percentage currently being retained by the Employer) or such value; and that if and when such sums or any part thereof are released to the nominated sub-contractor they shall be paid in full within three (3) days of receipt by the Contractor of payment from the Employer. g) that the Engineer shall have the right of access to the workshops and other places of the nominated sub-contractor. h) that the employment of the nominated sub-contractor under the sub-contract shall determine immediately upon the determination (for any reason) of the Contractor's employment under this Contract unless at the time of such determination the Employer requires the Contractor to assign to him the benefit of the sub-contract.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] j) that in the event of the last paragraph of Clause 59.5 hereof being operated by the Engineer the nominated sub-contractor shall indemnify the Contractor against any claim which the Employer might make in respect of latent defects in the Sub-contract Works. k) that the Contractor shall obtain the approval of the Engineer of all forms of Sub-Contract Agreement he proposes to enter into with each nominated Sub-Contractor. m) the time for the contractor to raise reasonable objection against the nomination to be defined as seven (7) days. Therefore the contractor has to proof within seven (7) days from the receipt of the nomination letter from the engineer that he entered in a sub contractor agreement with the nominated sub contractor unless otherwise reasonable objection raised. Payments to 59.4 Add the following: Nominated Subcontractors: The contractor before raising the next payment certificate to enclose a proof that all the nominated Subcontractors payments have been released, paid and received by the nominated Subcontractor within three (3) days after receipt by the Contractor, without proofing the same the Engineer may suspend the Contractors payments waiting for him to pay the payments due to the nominated Subcontractors or to recover the same payments from the contractor payment and pay it to the nominated Subcontractors. Penalty clause to be generated on the delay of the As built and guarantee delay. Monthly Statements 60.1 Add the following at the end of Clause 60.1 (c): Materials on site shall only be paid at the percentage stated in the Appendix to tender only when the Engineer and Employer Representative is satisfied that the materials have been delivered to site for timely incorporation into the works. (i.e. not prematurely). Advance payment 60.11 An Advance payment in percentage as stated in the Appendix to the Tender shall, following the presentation by the Contractor to the Employer of an approved performance security in accordance with Sub-Clause 10.1, insurances required to be effected by the Contractor and a guarantee in terms approved by the Employer, for the full advance payment, be certified by the Engineer for payment to the Contractor. The Advance payment security shall be in the form as annexed to these Conditions of Contract. Such guarantee shall be progressively reduced by the amount recovered by the Contractor as indicated in interim certificates of the Engineer issued in accordance with this Clause.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Advance payment 60.11 The advance payment shall not be subject to retention. The [cont,d] advance payment shall be recovered by way of reduction in interim certificates commencing with the first certificate. The amount of reduction in each interim certificate shall be at the same % as stated in the Appendix to the Tender, for the purpose of this Clause, of the gross certified value in such interim certificates until the advance payment has been recovered in full, subject to the provision that the full value of the advance payment shall be recovered within a period of 30 days prior of completion date. Upon the happening of any of the events specified in Sub-Clause 63.1 or termination under Clause 65, 66, or 69, the whole of the balance then outstanding shall immediately become due and payable by the Contractor to the Employer. Arbitration 67.3 Following paragraph (b), delete the words quot;shall be finally settled unless otherwise specified in the contract, under the Rules of Conciliation and Arbitration of the International Chamber of Commercequot; and substitute quot;shall be finally settled under the Rules of Arbitration and Conciliation of the Dubai Chamber Commerce and Industryquot;. Notice to 68.2 All notices to be given to the Employer or to the Employer’s Employer or Representative / Engineer under the terms of Contract shall be Employer’s served by delivering the same to:- Representative Employer - Dubai U.A.E Employer’s - Increase or 70.1 No adjustments to the Contract Price shall be made in Decrease of Cost respect of rise or fall in the costs of labour and/or plant and/or materials or any other matters affecting the costs of the execution of the Works except as provided elsewhere in the Contract. Subsequent 70.2 Delete quot;after the date 28 days priorquot; and replace with Legislation quot;subsequentquot;.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Currency 71.1 Delete Sub-clause 71.1 and replace with: Restrictions The Contractor shall allow in his contract price for all effects of currency restrictions and/or transfer of currency restrictions which may be imposed by the Government or authorised agency of the Government of the country in which the Works are being or are to be executed before or during the period of the Contract. The Employer shall not have any liability or responsibility to reimburse the Contractor for any loss or damage to the Contractor arising from such restriction. Rates of 72.1 Sub-clause 72.1 is deleted. Exchange Currency 72.2 Sub-clause 72.2 is deleted. Proportions Currencies 72.3 Sub-clause 72.3 is deleted. of Payment for Provisional Sums Law to Apply 73. The Contract shall in all respects be construed in accordance with the Law of Dubai and U.A.E. and any difference that may arise between the Employer and the Contractor in regard thereof shall be settled in accordance therewith. Compliance with 74. The Contractor's operations and proceedings in connection Local Laws and the Works shall at all times during the continuance of the contract Regulations be conducted in accordance with Local Laws and Regulations for the time being in force in Dubai. The Contractor shall also comply with the bye-laws and regulations of all authorities (if any) having jurisdiction over or in connection with the Works on Site or other operations such as those carried out by the Contractor and shall give all notices required by such bye-laws and regulations. Hospital and medical regulations in force for the time being shall also be complied with by the Contractor, his sub-contractors, employees and workmen. Taxation 75. The Contractor shall pay all Government and Municipal taxes including road taxes and vehicle registration fees, building permit and inspection charges and any taxes which may in the future be levied on the Contractor or his expatriate employees whilst employed on this project. Details 76. The Contractor shall treat the Contract and everything Confidential contained therein as private and confidential. In particular, the Contractor shall not publish any information, drawing or photographs concerning the Works and shall not use the site for the purpose of advertising except with the written consent of the Employer and subject to such conditions as he may prescribe.
  • 1 Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Bribery 77. 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 to any person on their behalf or on behalf or on of any of them in relation to the obtaining or to 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 of all other contracts with the Employer and also the payment of any loss or damage resulting from such cancellations. Service Authorities 78. The Contractor shall comply in all respects with the regulations of all Service Authorities whether for temporary or permanent work in connection with those Authorities in carrying out his obligations under the Contract. Work on Adjoining 79.1 The Contractor shall neither be entitled to claim indemnity or Site extension of time for the works nor to be excused from any of the obligations of the Contract by reason of or to submit any claim in respect of disturbances or delay due to the simultaneous execution of work adjoining the Site. Indemnity to the 80.1 The Contractor shall indemnify the Employer and the Employer’s Officials Employer's Representative and every member, officer and and Engineer employee thereof and the Engineer and the Engineer's 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. 80.2 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.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Decennial 81.1 The Contractor shall be liable for the consequence or errors, Liability omissions or negligence on his part and in particular he 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 for the part of the Works in question. The liability of the Contractor shall in any event be limited to the cost of rectification of the Works. The approval of the Engineer shall not in any way absolve or relieve the Contractor from any such obligations, responsibility or liability. Contractor 82.1 The Contractor shall be responsible for the collection of the to collect permit documentation from Dubai Municipality and pay all Permit necessary fees for this collection within two working days from receiving written instructions from the Engineer. Contractor 82.2 The Contractor shall be responsible for completing the Works in to obtain accordance with the Building Permit and to the satisfaction of the Municipality Dubai Municipality. He shall be responsible for arranging Completion inspection by the Municipality and for obtaining the Municipality’s Certificate Certificate of Completion and other approvals necessary for the connection of services, in order to ensure completion of the Contract. Contractor 82.3 On receipt of the Municipality building permit the Contractor shall to Advise of examine all the documentation handed over by Dubai Dubai Municipality as part of the building permit and advise the Municipality’s Engineer in writing within 14 days from the date of receipt of any Comments comment or special requirement stated by Dubai Municipality on any of the documents which make up the Municipality building permit. Failure of the Contractor to submit such advice within the 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 the mandatory Municipality building permit, relieving the Employer thereafter from any responsibility to liaise with Dubai 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 payments due to extra work resulting from comments made in writing by the Municipality on any of the documents of the Municipality building permit.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Inspection 83.1 Upon the written request of the Contractor to the Engineer, for the Engineer will issue a letter stating that the Works are Municipality complete to allow the inspection of the Municipality for the Certificate Municipality Completion Certificate to take place, provided always of Completion that the Engineer shall be satisfied that the Works are complete to this extent. If the Works are not complete to the satisfaction of the Engineer, the Contractor will be required to complete the necessary works and issue further request. The issuance of the letter referred to in this Clause by the Engineer shall not constitute completion within the meaning of Clause 48 or shall have any meaning other than that the Works are complete for the purpose of initiating the inspection for the Municipality Completion Certificate. Contractor 83.2 In addition to the requirements of Clause 48, the Contractor is solely required to complete the Works necessary for obtaining the responsible Municipality Certificate of Completion defined in Clause 85 and for obtaining 86 by the Milestone Date shown in the programme referred to in Municipality Clause 14. The Contractor’s failure to obtain this certificate for Certificate of any reason other than reasons which entitle the Contractor within Completion the provision of the Contract to an Extension of Time, shall be the sole responsibility of the Contractor and shall not constitute any ground for an Extension of Time or additional costs Permanent 84.1 The Contractor shall be responsible under this Contract to liaise Electricity, with all Statutory Authorities to ensure that the work is carried out Water, to their latest regulations and rules regardless of the fact that the Telephone and Engineer has already liaised with such Authorities prior to the Drainage award of this Contract. Contractor 84.2 Notwithstanding his responsibility under sub-clause 87.1, the to Advise of Contractor shall within 28 days of the notice to commence the Statutory Works contact all Statutory Authorities and discuss in detail with Authorities’ them the requirements of the Works. He shall be responsible to Changes 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 42 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 forfeit his rights to any additional time or costs due to any subsequent Statutory Authorities requirements. Contractor to 84.3 The Contractor shall liaise with all Statutory Authorities Obtain full throughout the Contract and shall be responsible for obtaining full Approval of approval of the Authorities and connections as required by the Statutory Authorities Contract.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Employer 84.4 The Employer shall be responsible to pay directly to the relevant Responsible to authority all charges and fees which are necessary for the Pay Fees completion of the Works. The Contractor shall be responsible for giving the Employer two (2) weeks notice that the payment is due. Delay to 84.5 In the event that the supplies of permanent services to the site are Permanent delayed for reasons for which the Contractor is not responsible Services and under the contract, the final commissioning of the building may be Commissioning delayed but the Contractor shall complete all testing required under the Contract using temporary supplies for which he shall be responsible. In this event the Contractor shall be awarded an extension of time in accordance with Clause 44.2 for the commissioning only. The commissioning shall be completed within 4 weeks from the connection of the permanent services, or such other time as may be specified by the Engineer. If the commissioning is not completed within this period, the Contractor shall pay liquidated damages as defined in Clause 47.1 and 47.2. If an extension of time is given for this reason the Contractor shall be entitled to any expense which he demonstrates that he has incurred as a result of the delay provided such claims are submitted in accordance with Clause 52.2. Contractor’s 85.1 All Contractor design items are to be carried out by an Engineer Design Items who is approved by the Employers Engineer for each particular discipline. The Contractor shall maintain a design indemnity insurance policy covering for a period of ten (10) years all designs carried out by the Contractor and incorporated in the Works. Separate to 86.0 The Employer reserves the right to omit any part of the works or Contracts with let separate contracts in connection with the undertaking of the other Contractors works and may form part of the works in order to substantially complete the works. The Contractor shall carryout properly and coordinates his work with that of the other Contractors. If any part of the Contractors work depends for its proper execution or results upon the work of any other Contractor, the Contractor shall in writing report promptly to the Engineer any defects in the work of such other Contractors as may interfere with the proper execution of the Contractors works. The Employer can, with 7 calendar days written notice of intention to do so, adjust the Contractors scope of works by removing sections of works and having them completed by other Contractors appointed by him. The cost of the works will be deducted at their contracted cost plus overhead, profit and preliminaries, this deduction is not related to and is in addition to any Liquidated Damages costs recovered under the contract. Where preliminaries items have to be completed by others these will be deducted from the Contractors account at full cost including supervision. The Contractors duties will remain in line with his contractual obligations to Employers direct contractors. Should it be necessary to transfer the Building Permit to another Contractors name the Contractor shall do so within 7 calendar days of a written request by the Employer.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. a) SITE MANAGEMENT The Contractor shall allow for all site management. He shall maintain adequate site organization under the control of qualified and experienced staff that is capable of assuming complete responsibility for a contract of this nature: 1. Project Manager – 1 No ( Full time ) 2. Project Engineer – 1 No ( Full Time ) 3. Quantity Surveyor – 1 No ( Full Time ) 4. Planning Engineer – 1 No ( Full Time ) 5. Supervision Team 5.1 Civil Engineers – Minimum 2 Nos. 5.2 Materials Engineer – 1 No – as and when required. 5.3 Services Engineers for Elec., -2 No– Mechanical Engineer 2 Nos. 5.4 MEP Coordinator – 1 No. 5.5 Land Surveyor – 1 No. 6. QA/QC Team for 6.1 Site Quality Control – 1 No 6.2 Material & Shop Drawing schedule 7. Safety Officer – 1 No 8. Shop drawing preparation Team consisting of: 8.1 Engineers - Min 1 No 8.6 Draftsman along with necessary computer equipment/plotters at site. – 2 Nos And other necessary staff required for satisfactory completion of the project – to be assessed by the Contractor. The Contractor to submit the CV(s) of the above mentioned personnel to the Project Manager for approval. All the above personnel should have minimum seven years experience in similar size project in the U.A.E. The Contractor shall be responsible for his own setting out levels and lines to the satisfaction of the Engineer.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS - GENERAL 1.01 DESCRIPTION OF WORK The Contractor is required to make necessary provision for temporary utilities (electricity, lighting, heating, ventilation, telephone service, water and sanitary), temporary controls (barriers, fencing, protection of work, security, and traffic), and construction facilities (25 parking slots and staging areas, progress cleaning, and offices) to fulfill the requirements of the Contract, support the Contractor’s work force and support the Owner’s representatives. All facilities and equipment will become the property of the Owner. The Contractor shall bear the responsibility to maintain and pay for all services and bills until the final handover to the main contractor. 1.02 TEMPORARY POWER A. Contractor shall provide necessary power service. B. Contractor shall arrange with the electrical utility, as needed, for additional power requirements, including power takeoff points, voltage and phasing, transformers, and metering, and shall pay resulting costs and fees. 1.03 TELEPHONE SERVICE Contractor shall provide telephone service at the Engineer’s site office for the PMs own use. Additional requirements are defined in section 1.13. 1.04 TEMPORARY WATER SERVICE Contractor shall provide necessary water service and any necessary special connections to a water supply, as well as chilled bottled drinking water for the Engineer’s site office. 1.05 TEMPORARY SANITARY FACILITIES Contractor shall provide on-site toilet and wash-up facilities for its work force that comply with applicable laws, ordinances, and regulations pertaining to the public health and sanitation of dwellings and camps. Additional requirements for the Engineer’s Site Office are contained in Section 1.13
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.06 TEMPORARY BARRIERS Contractor shall provide barriers to prevent unauthorized entry to construction areas and to protect existing temporary facilities from damage during construction operations. 1.07 TEMPORARY FENCING At all times during the construction period, the Contractor shall maintain fences that enclose the areas of the site to the satisfaction of the Owner’s representative and in accordance with municipal requirements. The temporary fencing alignments shall be indicated by the Contractor and approved by the Engineer/Project Manager and are the minimum allowable extents of temporary fencing. The Contractor shall provide gates at access points where required, and gates shall be kept locked during off-work hours. A key lock shall be given to the Engineer and Project Manager for their use. Construction of Temporary Fencing is specified in other sections comply with Authority requirements. 1.08 CONTRACTOR’S SECURITY The Contractor shall provide security and facilities to protect the work and existing facilities from unauthorized entry, vandalism, or theft. 1.09 MAINTENANCE OF TRAFFIC The Contractor shall conduct their work to interfere as little as possible with public travel, whether vehicular or by other modes. Contractor must obtain approval of haul routes and shall provide certified traffic control personnel to control access and movement of materials.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.10 PARKING AND STAGING AREAS The Contractor shall be responsible for maintaining parking and staging areas. The Contractor shall furnish the necessary covered parking spaces for the use of the Project Manager and visitors. Spaces shall be identified accordingly. The staging areas shall be fenced with temporary concrete block-based fences to deter unauthorized entry. Staging areas shall be primarily used for field offices, equipment and materials storage, and temporary soil stockpiling; with secondary use, as parking. If additional area is required, the Contractor shall make his/her own arrangements with the Owner and/or with adjacent property Owners. Any unauthorized use of property for storage, parking, etc., shall be at the Contractor’s sole risk and cost. 1.11 CLEANING A The Contractor shall maintain work areas and all site offices free of waste materials, debris, and rubbish and shall maintain the project site and site offices in a clean and orderly condition until final handover to main contractor. B. The Contractor shall remove waste materials, debris, and rubbish from the site as soon as such materials become unfit for use in the work. The Contractor shall remove waste materials, debris, and rubbish from the site offices daily and provide sweeping, dusting, mopping and vacuuming services on a daily basis after working hours. In the event that such material is not removed immediately, the Project Manager reserves the right to have the material removed and charge the expense to the Contractor. C The Contractor shall prevent dirt and dust from escaping trucks that depart the site by covering dusty loads, by washing truck tires before trucks leave the site, or by other methods as applicable. This requirement also applies to the Contractor’s trucks and equipment at the disposal site. D The Contractor shall provide a legal, off-site debris disposal site.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.12 CONTRACTOR’S OFFICE A During the performance of this Contract, the Contractor shall maintain a suitable office near the site of the work that shall be the headquarters of a Contractor’s representative authorized to receive Drawings, instructions, or other communications or articles B Communications given to the Contractor’s representative or delivered to the site office in the Contractor’s absence shall be deemed to have been delivered to the Contractor. 1.13 ENGINEER’S OFFICE A The Contractor shall provide a new, custom fabricated and secure field office suitable for use by the Engineer and his/her resident staff. The field office shall be separate from the Contractor’s office. It shall be for the exclusive use of the Engineer and his/her staff. The Contractor will provide all items defined below and turn the facilities over to the Client/Engineer at the conclusion of its contract. During the contract timeframe and until final turnover to the main site Contractor, the Contractor will provide and maintain all services, utility services, lighting, cooling, water, telephony, computer systems, and all required office, kitchen and bathroom supplies. B The Engineer’s Site Office shall have a minimum of : a. 20 square meter reception area b. 20 square meter reception area A conference room with a minimum of 48 square meters. c. Engineer’s Project Manager (1No) & Resident Engineer (1No) Office with a minimum of 16 square meters each with private bathroom facilities d. A samples’ room with a minimum of 20 square meters
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.13 ENGINEER’S OFFICE [cont’d] B The Engineer’s Site Office shall have a minimum of : [cont’d] f. 20 Individual office spaces with a minimum of 10 square meters each g. A kitchen/break area minimum 15 square meters h. File and Storage areas not less than 20 square meters in total i. A computer server room with a minimum of 5 square meters j. Suitable Men’s and Women’s bathrooms with multiple facilities (stalls) C. The following furniture, fixtures and equipment shall be provided by the Contractor. a. Computer network (Dell or as approved) with a main server and appropriate number of terminals, connected to high speed internet services. Software shall at a minimum include MS Office Suite (including MS Project), Autocad 2008, and Primavera P-3, Expedition, Project Planner, Adobe PhotoPro and other programs as may be selected by the Project Manager. Each terminal shall have a 17” flat screen monitor. b. Multi-line Phone System (Eriksson or as approved) to be served by at least six telephone lines plus an additional telephone line dedicated to the fax machine. SEE SPECIFICATION SECTION 1.15 –Specification of Computer and Telephony Systems for Engineer’s Staff, for additional requirements c. General: Each office or shared space shall have: i. Interior partitions constructed of Type “X”, Fire Rated, Gypsum Wallboard, finished in paint or wall covering as selected by Project Manager ii. One window (minimum) with vertical blinds. iii. Vinyl tile flooring to be selected by the Project Manager
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.13 ENGINEER’S OFFICE [cont’d] C. The following furniture, fixtures and equipment shall be provided by the Contractor. [cont’d] c. General: Each office or shared space shall have: [cont’d] iv. Rubber or vinyl wall base v. Three duplex power receptacles vi. Data connection vii. Two phone lines connections viii. Trash Receptacles d. Reception Area: i. A reception desk to be selected by the Project Manager ii. Chair for receptionist iii. 3 Lockable metal four drawer file cabinets iv. 1 Horizontal filing cabinet with 4 drawers for storage of drawings v. 3 Cushioned reception chairs vi. 2 End tables vii 2 Lamps viii Printer and Fax table ix. Paper storage cabinet x. 3 shelf bookshelf xi. Dell computer with flat screen and internet connection xii. Scanner xiii Color plain paper printer/copier xiv. Plain paper fax machine xv. Paper shredder xvi. Multi-line telephone handset xvii. Desk accessories, trash receptacle xviii. Bulletin Board
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.13 ENGINEER’S OFFICE [cont’d] C. The following furniture, fixtures and equipment shall be provided by the Contractor. [cont’d] e. Project Manager’s & Resident Engineer office shall have seven nos. each given below i. 1 solid wood executive desk no less than 1 meter by 2 meters ii. 1 wood trimmed, leather, multi-adjustable executive high-backed chair iii. 1 Wood credenza no less than 2 meters that matches the executive desk iv. 2 wood trimmed, leather visitors’ chairs v. 1 wood bookcase with glass doors at the top and wood doors below vi. 1 Lockable wood four drawer file cabinet vii. 1 End table and lamp viii. 2 Multi-line telephone handsets ix. Dell computer with flat screen and internet connection x. Color plain paper printer/copier/fax xi. Desk accessories, trash receptacle Individual Site Engineer’s(2Nos)/QS(1 No)/Client f. MEP Engineer(1No)/Document controller(1No)/Secretary Offices(1No)/Draftsman(1No) shall have each given below i. 1 metal desk no less than .8 meter by 1.5 meters ii. 1 fabric, multi-adjustable desk chair iii. 1 Plan layout table iv. 1 Plan rack v. 2 visitor’s chairs vi. 1 bookcase vii. 1 four drawer file cabinet ix. 1 Multi-line telephone handsets
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.13 ENGINEER’S OFFICE [cont’d] C. The following furniture, fixtures and equipment shall be provided by the Contractor. [cont’d] g. Individual Site Engineer’s(4Nos)/QS(1 No)/Document controller(2Nos)/Secretary Offices(1Nos)/Draftsman(1No) shall have each given below [cont’d] x. Dell computer with flat screen and internet connection xi. Desk accessories, trash receptacle xii ( A1 Size Drawings hanger ) – only for draftsman xiii (Adjustable Drawing table) to approval engineer – only for drafts man h. Conference Room i. The conference room shall have 32 each durable, fabric covered, metal framed, multi-adjustable, rolling conference chairs ii. A wood conference table a minimum of 3.25 meters by 12 meters i. Kitchen i. Full-size, side-By-side refrigerator/freezer ii. 2-Burner Electric Hotplate iii. Double stainless steel sink iv. Hot water heater v. Suitable glassware, silverware, plates vi Kitchen table and 8 chairs. D. i. One full time office boy exclusively for Engineer and his staff. E. Transportation facility with following i. The contractor to provide one number Four-Wheel Drive new car exclusively For the Engineer along with necessary Covered parking inclusive of petrol, Maintenance(with replacement car for The car service/ maintenance period), Salik Tag & fees.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] a. Office (Type 1)- 2 Nos. Size (Minimum 15m² area) equipped with • 2.0 ton /split unit A/C – 1 No • Twin tube fluorescent lights- 2 Nos • Power outlet sockets- 2 Nos • Extension chord- 1 No • Window blinds • Door Closer • Call bell • Telephone, fax, high speed internet, network and electrical connections as required. • Telephone apparatus. Furniture • Managerial desk with at least 6 drawers + Side table-1NO • High back swivel chair- 1 No • Guests’ swivel chairs- 2 Nos • Central Coffee table (Optional)- 1 No • Sofa set for guests-1 No • Central table-1 No • Lockable cupboard with glass doors-1 No Laptop with the following specifications-1No • Intel Pentium Core 2 Duo Processor • 2GB RAM • 160 GB HDD • 256 MB Display Adaptor, (Up to 255MB additional shared) • 8xDVD (+/- R double layer) drive • Operating System- Windows XP Professional Service Pack 3 or Windows Vista, P3, Expedition & AutoCAD • Optical Wireless Mouse • Microsoft office 2003 or Microsoft office 2007. • 100/1000 Mbps network adapter • Wireless WiFi Link (802.11a/g/n) • 5-in-1 media card reader • VGA out, Mic/Headphone connectors, IEEE-1394 (FireWire), Three USB 2.0 ports, Serial Legacy port, 1 GB LAN, Docking Connector.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] b. Office (Type2)- 5 Nos, Size (Minimum 15m² area) equipped with • 2 ton/split unit A/C-1 No • Twin tube fluorescent lights-2 Nos • Power outlet sockets-2 Nos • Extension chord-1 No • Window blinds • Door Closer • Call bell • Telephone, fax, high speed internet, network and electrical connections as required • Telephone apparatus. Furniture • Managerial desk with at least 6 drawers + Side table-1No • High back swivel chair- 1 No • Guests’ swivel chairs- 2 Nos • Central Coffee table (Optional)- 1 No • Lockable cupboard with glass doors-1 No Laptop with the following specifications-1No • Intel Pentium Core 2 Duo Processor • 2GB RAM • 160 GB HDD • 256 MB Display Adaptor, (Up to 255MB additional shared) • 8xDVD (+/- R double layer) drive • Operating System- Windows XP Professional Service Pack 3 or Windows Vista, P3, Expedition & AutoCAD • Optical Wireless Mouse • Microsoft office 2003 or Microsoft office 2007. • 100/1000 Mbps network adapter • Wireless WiFi Link (802.11a/g/n) • 5-in-1 media card reader VGA out, Mic/Headphone connectors, IEEE-1394 (FireWire), Three USB 2.0 ports, Serial Legacy port, 1 GB LAN, Docking Connector
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] c. Office (Type3)- Document Controller-1No, Size (Minimum 15m² area) equipped with • 2 ton/split unit A/C-1 No • Twin tube fluorescent lights-2 Nos • Power outlet sockets-2 Nos • Extension chord-1 No • Window blinds • Door Closer • Call bell • Telephone, fax, high speed internet, network and electrical connections as required • Telephone • Fax m/c, photocopier (A3), scanner (A3) Furniture • Executive desk with at least 6 drawers + Side Table-1No • Swivel chair- 1 No • Guests’ chairs- 2 Nos • Lockable cupboards & filling cabinets-4 Nos Laptop with the following specifications-1No • Intel Pentium Core 2 Duo Processor • 2GB RAM • 160 GB HDD • 256 MB Display Adaptor, (Up to 255MB additional shared) • 8xDVD (+/- R double layer) drive • Operating System- Windows XP Professional Service Pack 3 or Windows Vista, P3, Expedition & AutoCAD • Optical Wireless Mouse • Microsoft office 2003 or Microsoft office 2007. • 100/1000 Mbps network adapter • Wireless WiFi Link (802.11a/g/n) • 5-in-1 media card reader VGA out, Mic/Headphone connectors, IEEE-1394 (FireWire), Three USB 2.0 ports, Serial Legacy port, 1 GB LAN, Docking Connector. • Primavera Expedition Version 11- Web Based. • 10GB USB for Site Database Backup.
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] Size (Minimum 15m² area) equipped with • 2 ton/split unit A/C-1 No • Twin tube fluorescent lights-2 Nos • Power outlet sockets-8 Nos • Extension chord-1 No • Window blinds • Door Closer • Call bell • Telephone, fax, high speed internet, network and electrical connections as required • Telephone apparatus. Furniture • Conference table for 10 people-1 No • High back swivel chair- 10 No • Large soft boards to display drawings and notifications • White boards. • The Contractor to provide 8 port or 12 port hub (according to the site requirement) to connect all the Computers for Employer’s office in a Peer-Peer network configuration with all associated cabling. • One common HP All in one (Printer Scan, Copy & fax) printer to be provided for Employer staff. • The Contractor shall provide full time access to the internet with e-mail facility. • The Contractor to provide A4/A3 copier (Colored). f. Document Controller/ Secretary • The Contractor to provide a full time Document Controller/ Secretary exclusively for the Employer’s office. g. Office Assistant • The Contractor to provide a full time assistant/ Office Boy exclusively for the Employer’s office
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] h. Pantry & Wash Rooms Attached toilet (minimum 2Nos.) equipped with water and Electrical connections. • W/C western type-1 No • Wash basin-1 No • Heat insulated running water facilities-1 No • Toilet brush-1 No • Waste bin • Liquid soup • Toilet rolls Attached pantry equipped with water and electrical connections- (Optional) • Cold & hot refreshments • Mineral water bottles • Fridge-1 No • Hot plate/ burner-1 No • Microwave-1 No • Electric kettle-1 No • Glasses-6 Nos • Spoons-6 Nos • Tea Cups and plates-6 Nos • Serving tray-1 No i. Transportation facility • The contractor to provide one number four-Wheel drive new car exclusively for the Employer along with necessary covered parking inclusive of Petrol, Maintenance (With replacement car for the car service/ maintenance period), Salik Tag & fees. j. Cell phone facility for Project Manager The Contractor to provide one number Mobile phone inclusive all national call fees.
  • 1 Part D ons Of Contract _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] k. Stationary Items List for site offices (To be provided as and when required) S.No. Item Description Item Type Specification QTY Stationary Requirements (Recurring) 2 Box 1 Reynolds - Permanent Marker Markers REF 221- Blue & Red Each Pens & UB 157 + Micro- Blue, Red & 1 Box 2 Pen - Uni ball Signo line Pencils Green Each 3 Luxor - Fine Tip - CD & DVD Marker Markers Fine Tip 1 Box 4 Luxor - OHP Marker - Permanent Markers Medium 1 Box 5 Pilot - Sign Pen - Markers Medium Water Resistant I Box 6 Dollar - Dry Erasable Board Marker Markers 1.5mm Medium Point 1 Box 7 Scissors - Rapesco - Stainless Steel Cutting Tools Medium 2 8 Lyra - Text Marker Markers Art No: 83304 1 Box 9 Flamingo - Text Marker Markers SH800 1 Box 10 Cutter - Paper Cutting Tools TEX 9210 2 Pens & 11 Staedtler - Pencil NORIS 122 HB 2 Box Pencils 12 Kangaro - Stapler Staplers DS-45N 5 13 Rexel - Stapler Pins Staplers No. 56 - 26/6 - 1000 staples 10 Box FN 152, Small Rectangular 14 3M - for Book Marks Post-its 10 Sets Stickers 15 UHU - Glue Glue 21 gms 5 Pens & 16 Pentel - Fine Point - Correction Pen 12 ml 5 Pencils Pens & 17 Sharpener 5 Pencils CD'S & 18 Imation - CD R & RW 700 MB 10 DVD'S CD'S & 19 Sony - CD R & RW 700 MB 10 DVD'S Cosmic - Plastic Folder - Open top & 20 Covers CO-E310D-100 1 box side Pens & 21 Omega Digital - Plastic Scale ART No. 1929 5 Pencils 22 FIS - Paper Clips 233 Clips 28mm 10 Box 23 Rexel - Stapler Pins Remover Staplers 5 Punch 24 kangaro - Punching Machine DP - 540 5 Machine Punch 25 kangaro - Punching Machine DP - 900 1 Machine
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] k. Stationary Items List for site offices (To be provided as and when required) cont’d CD'S & 26 Sony - Floppy disk 2HD - IBM Formatted - 3.5quot; 1 Box DVD'S Pens & 27 Pilot - Roller Ball Pen BX-V5 - 0.5 2 Box Pencils Pens & 28 Zebra - Direct Ink Roller Ball Pen BE- α DX5 - EX-JB4 - 0.5 2 Box Pencils 810 1 Roll - 3/4 IN x 1296 IN - 36 29 Scotch - Magic Tape Tape 5 YD, 19MM x 32.9 MM 30 Tape Dispenser Tape 5 31 Writing Pad Post-its 80 Sheets - A4 Size 10 Box 32 Short Hand Writing Pad Post-its Small 10 Box 33 Toplen - Binder Clips Clips 1-5/8quot;, Capacity 7/8quot; 10 Box 3in x 3in, 76.2mm x 76.2mm, 1 34 Fantastick - Removable Self-Stick Notes Post-its 10 Box Pad X 100 Sheets 35 Flamingo - Binder Clips Clips 19mm (3/4 Inch) 1 Dozen 10 Box Pens & 36 Pelikan - Pencil Eraser AL 20 5 Box Pencils 37 Info Notes Post-its 3x100, 50x40mm, 5653-01 10 Box 38 SAX - Dioscur Clips SAX236 5 Box 39 Flamingo - Binder Clips Clips FCL 41, 41mm, 13/8 Inch 10 Box 40 Secura - Double Clips Clips DLP320 10 Box 41 Elfen - Polypropyelene Dividers Dividers A4 Size, A to Z 10 sets Pens & 42 Pencil & Pen Holder 5 Pencils 43 Partner - Dividers Dividers A4 Size , 1 - 10 10 Sets 44 Modest - Dividers Dividers A4 Size , 1 - 31 10 Sets 45 Durable - Blue File - Plastic Files A4 Size 1 Box 46 Box Files Files Blue Color 30 47 Conqueror Bond Paper Paper A4 500 paper - Laser printer 5 reems Paper A3 & 48 White paper A4 & A3 size 2 reems A4 size 5 sets 49 Envelops White A4, A5 & Small each 50 Tissue Boxes 5 51 Letter Pads 5 52 Number Stickers 10 Cartridges for the provided printers / fax 53 as specified m/c
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.14 CLIENT OFFICE [cont’d] k. Stationary Items List for site offices (To be provided as and when required) cont’d Other Requirements (One Time Requirements) S.No Item Description Qty 1 Hand Lens 1 2 Engineering Scale 5 3 Paper Trays 5 4 Waste Paper Basket 5 5 Binding Machine 1 6 Binding Covers 10 sets 7 Binding Spirals / Files 10 sets 8 Safety Shoes 4 9 Safety Helmets 4 10 Drawing Clamps 5 11 Drawing Hangers 1
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s, Employer’s and and Contractor’s Site Contractor’s site offices, facilities, site management team, Requirements parking, etc all as specified herewith. (Cont’d) b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.15 SPECIFICATION OF COMPUTER AND TELEPHONY SYSTEMS FOR ENGINEER’S STAFF 1. Computer workstation: Every member of the Engineer’s team handling any type of clerical work which requires typing, calculations, drafting, etc should be provided by a desktop personal computer - The provided personal computer should be manufactured by one of the following reputable companies: HP/Compaq, Dell, IBM & ACER. The selection of depends on the level of service & after sale support the supplier provide in the project’s area. The specifications of the provided computers should be always the latest reliable ones. This “Highest specifications” is to be measured at the time of supply and not at any prior stages even if lower specifications are stated at those prior stages –pretender & tender stages-. Contractor should propose the brand & the specifications of the PC he’s going to supply that should meet PM’s consent. 2. Printers: Each workgroup sharing the same area or working in the same department should be provided by at least one main printing facility in addition to at least one additional backup/alternative facility. The sizes, resolution, colors, speed of those facilities provided should be according to PM’s IT plan specifying type of printouts required by each workgroup/personnel. Some personnel may be provided by a personal private printing facility for confidentiality and/or as per PM’s IT plan. 3. Surge protection & uninterruptible power supply All devises on the PM’s network should be supplied by surge protected & uninterruptible power supply UPS those UPSs should be smart (stabilized) in case of power is supplied by local generators or if local power supply suffer of fluctuation. 4. Photocopiers, scanners & digital senders PM’s facility should be provided by adequate number of MFPs (Multi Functional Peripherals) to serve in printing, photocopying, e-filing & digital email sending. The specification of such peripherals should be as per the PM it plans and to his consent. It’s the PM’s sole decision to decide replacing/adding those MFPs with other conventional peripherals
  • 1 Part D ons Of Contract _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s, Employer’s 87.0 The Contractor shall provide Engineer’s, Employer’s and and Contractor’s Site Contractor’s site offices, facilities, site management team, Requirements parking, etc all as specified herewith. (Cont’d) b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.15 SPECIFICATION OF COMPUTER AND TELEPHONY SYSTEMS FOR ENGINEER’S STAFF [cont’d] 6. Warranty & after sale service agreements: All supplied devices should be covered by the maximum warranty period the supplier can give and at least to cover the lifetime of the project even if this should be done by additional agreements , on site nd business day service is required as a must but for servers & network switches and should be same day. Photocopiers should be covered by a Full Service Maintenance Agreement (FSMA) that covers all consumables (Toner, developer, paper…etc) throughout the lifetime of the project. 7. Accessories, consumables & spare parts: It should be the contractor responsibility to supply any accessories, consumables & spare parts that the PM may ask for either specified in his initial or modified IT plan or required by him for any reason throughout the lifetime of the project. 8. Data backup system and data protection: The contractor should supply the PM with a data backup system to meet with his requirements specified in his IT plan also to supply a fireproof safe for backup media which size & specifications will provided by the PM. 9. Networking: The contractor should supply/install a LAN to network all PM’s computers, servers & printers. The specifications of the required LAN will be specified in the PM’s IT plan & also it’s the contractor’s responsibility to apply for, pay for & provide any leased lines or leased circuits or any other communication system required by the PM to link his office to any other location (satellite offices, main office, internet ..etc).
  • Part D _____________________________________________________________ PART II [cont’d.] CONDITIONS OF PARTICULAR APPLICATION [cont’d.] Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site Contractor’s Site offices, facilities, site management team, parking, etc all as Requirements specified and herewith. [cont’d] b) OFFICE REQUIREMENTS – GENERAL [cont’d] 1.15 SPECIFICATION OF COMPUTER AND TELEPHONY SYSTEMS FOR ENGINEER’S STAFF [cont’d] 10. Telephony & Private Automatic Branch exchange (PABX) Systems All personnel on PM’s office whose work require communication internally and externally should be provided a private digital/analogue handset with a private extension number hooked to a PABX which is connected to adequate number of external telephone line as per PM’s IT plan (usually 1 external line/4 users). The PM’s IT plan may specify additional direct lines for the use of some personnel & for facsimile (FAX). It may also specify some additional facilities & features that the contractor must apply for to the local communication authorities. Adequate number of laser/normal paper FAX machines should be distributed as per PM’s IT plan. 11. Expenses All expenses that may occur due to purchasing hardware, software, peripherals, consumables...etc and applying & running of services, upgrading and maintaining existing systems should be paid by the contractor weather specified in tender documents & IT plan included or by any additional addendums or those may appear during execution & implementation of the IT plan 12. Software & applications: Contractor should supply the PM with all software, operating system, anti-virus, backup, engineering, drafting.. etc applications as per PM’s IT plan. Only original licensed software is accepted and any legal liabilities that may occur due to incompliance with international & local copyrights laws will be the sole responsibility of the contractors. 13. Ownership & inventory management: All provided hardware & software will be the property of the Employer and shall be labeled as such as needed
  • Part D _____________________________________________________________ THE BANK OF …………………………………………. Guarantee No: ………………………….. Date: …………… DUBAI, U.A.E. Dear Sirs, Our Performance Guarantee No: ……………………….. …. For AED ………………..……../= We have the honor to inform you that we hereby guarantee in your favor Messrs …………….. ………………………………………………………………….registered in Dubai under license number ……………………. Dubai, United Arab Emirates, for an amount of AED……………………(UAE Dirham…………………………………. ………………………..………………………….. ………….only) such amount being the final guarantee for execution, construction, completion, testing, commissioning, maintenance, remedying and rectifying of any defects of project of construction of for which they have been declared Contractor. This guarantee is unconditional and irrevocable and shall be effective as from today and automatically renew for a period ending on the day following the date on which the Defects Liability Certificate in respect of the works of the above contract will have been issued and recorded under your signature. Unless we receive from you a written notice to the effect that such Defects Liability Certificate has been issued, this Guarantee shall remain in force. During the above period, this guarantee shall not be cancelable without your authorization in writing. We unconditionally and irrevocably undertake to pay the amount of this Guarantee to your order at your first request and despite any contestation on the part Messrs……………………………… ………………………………..registered in Dubai under license number …………………. Dubai, United Arab Emirates. Yours faithfully, …………………………
  • Part D _____________________________________________________________ THE BANK OF ………………………………. Guarantee No: ……………………………. Date: ……………. DUBAI, U.A.E. Dear Sirs, Advance Payment Guarantee No…………………forAED …………….…………./= Construction Whereas M/s……………………………………Contracting, P.O. Box No……………, Dubai, UAE ( hereinafter called ‘the Contractor’) has been awarded a contract, dated …/…./2008 for the construction, completion and (the contract’) for the value of AED ……………..(UAE Dirhams……………………………………………….only) and in consideration of your making an advance payment of AED ……………………….…to the Contractor being …..percent (…%) of the Contract Price ( the “Advance Payment”). By this guarantee we,…………….Bank ………………P.O.Box No……., Dubai, UAE, unconditionally and irrevocably guarantee to pay you from time to time a sum not exceeding in the aggregate UAE Dirhams AED………………….. on your first written demand(s) without reference to or contestation on behalf of the Contractor. This guarantee will come into force only after Advance Payment amount of AED……………/= (UAE Dirhams …………………………………………………..Only), is directly remitted by you to …………Bank ………………………………..………………for the credit of account number ………………………….…………………of M/s……………….………Contracting, P.O. Box No. ………………. Dubai, UAE. This Guarantee shall be automatically reduced to the extent of recovery of the progress payments. This guarantee will be effective from …/…./2008 with us, and shall remain valid up to the issue of the Taking Over Certificate, after which our liability shall automatically cease. This guarantee shall be returned to us upon its expiry or upon fulfillment of our undertaking whichever is the earliest. This Guarantee shall be governed and construed under the applicable laws of the Emirate of Dubai and United Arab Emirates. Yours faithfully, ……………….
  • PART E DRAWINGS
  • DRAWINGS PREAMBLE E.1 Drawings Provided to the Contractor E.1.1 The Contractor will receive from the Employer’s Representative / Engineer the drawings listed in Clause E.6 hereof together with any further drawings issued under Clause 7 of the Conditions of Contract. E.1.2 The Contractor shall be solely responsible for providing all sub-contractors, whether nominated or otherwise, with sufficient copies of all relevant drawings in order that they can complete their work within the approved construction programme under Clause 14 of the Conditions of Contract. E.2 Shop Drawings, Product Data and Samples E.2.1 Shop Drawings are defined as drawings, diagrams, schedules and other data specially prepared for the work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. E.2.2 Product Data are defined as illustrations, standard schedules, performance charts, illustrations, brochures, diagrams and other information furnished by the Contractor to illustrate a material product or system for some portion of the Work. E.2.3 Samples are defined as physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. E.2.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Employer or any separate contractor, all Shop Drawings, Product Data and Samples, required by the Contract Documents. E.2.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so and that he has checked and co-ordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. E.2.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Employer’s Representative / Engineer's approval of Shop Drawings, Product Data or Samples unless the Contractor has specifically informed the Engineer in writing of such deviation at the time of submission and the Employer’s Representative / Engineer has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Employer’s Representative / Engineer's approval thereof. E.2.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples to revisions other than those requested by the Employer’s Representative / Engineer on previous submittals.
  • E.2 Shop Drawings, Product Data and Samples [cont'd] E.2.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Employer’s Representative / Engineer. All such portions of the Work shall be in accordance with approved submittals. E.2.9 Numbers to submit for approval: a. Shop Drawings: 3 hard copies + 1 soft copy b. Product Data: 3 bound and indexed copies + 1 soft copy c. Samples: 2 each labelled E.3 Bar Bending Schedules E.3.1 The Contractor shall prepare bar bending schedules based on the drawings received from the Employer’s Representative / Engineer for all reinforcement in a format to be agreed with the Employer’s Representative / Engineer. E.4 Contractor's Responsibilities E.4.1 All drawings prepared by the Contractor shall be submitted at the appropriate time to the Employer’s Representative / Engineer. The Employer’s Representative / Engineer shall check the drawings in a reasonable time and stamp them quot;approved for constructionquot;. The drawings shall then be returned to the Contractor. This shall be the only accepted and contractual method. Such approval shall not relieve the Contractors of responsibility for any discrepancies, errors or omissions in their submittals. E.4.2 If the Employer’s Representative / Engineer shall instruct the re-drawing, alteration or amending of any of the submitted drawings which, in his sole opinion, do not properly interpret the intent of the Contract or for any reason do not comply with good building practice, then the Contractor shall ensure the carrying out of the Employer’s Representative / Engineer's instructions and no claim for extra payment shall be allowed for any reason in this respect. E.4.3 The Contractor shall prepare a detailed programme for the production of the drawings and information under Clause E.2 hereof immediately upon receipt of the Employer’s Representative / Engineer's order to commence the Works. The programme which will be subject to scrutiny of the Employer’s Representative / Engineer who may alter or amend it as he sees fit, shall be compatible with the programme for the construction works. The programme shall show the following in detail:- a) Dates on which the Contractor shall commence the drawings. b) Dates on which the Contractor shall submit the drawings to the Employer’s Representative / Engineer. c) Period for the Employer’s Representative / Engineer to check and approve drawings which is to be not less than 14 days. d) Date of commencement of the relevant work on Site. e) Any other information the Employer’s Representative / Engineer may request.
  • E.4 Contractor's Responsibilities [cont'd] E.4.4 All drawings by Contractors shall be prepared in a clear and proper manner, with adequate lettering size so that the drawings will be easily legible even when reproduced on a reduced scale. They shall be drawn in black on a white background to facilitate printing bearing at the bottom right corner the approved Contract reference, title block and number. E.4.5 All drawings by Contractors shall be orientated to match the design drawings and shall have a key plan identifying the location or area of the Works to which they apply. They shall also bear indication and make reference to the geographic co-ordinates of the Site. E.4.6 When a drawing is revised, the particulars of the current revision shall be clearly marked or circled, to facilitate checking. All prior revision numbers and references of drawings possibly superseded by the current issue shall also be clearly shown. E.4.7 When drawings are submitted for approval without complying with these requirements, they may be rejected. E.4.8 Re-submission of drawings not approved shall be made using the same procedures as in the original submission. E.4.9 The Contractor shall ensure that drawings, etc., submitted for approval are forwarded in sufficient time to allow the Employer’s Representative / Engineer a reasonable time to examine them. E.4.10 The Contractor shall ensure that drawings are submitted at regular intervals, on an even flow basis, with sufficient and reasonable time prior to the date required for approval to permit amendments to be made. E.4.11 If the Employer’s Representative / Engineer should instruct the Contractor to alter, amend or re-draw any of the drawings which in his opinion are not satisfactory, no claim for reimbursement will be considered. The Contractor is to comply with this requirement immediately as no claim for additional payment or an extension of time to complete the Works will be allowed for any reason whatsoever. E.5 As Built Drawings E.5.1 The Contractor shall provide to the Employer’s Representative / Engineer at the time of completion of the Works as defined in Clause 48.(1) of the Conditions of Contract all relevant 'As Built Drawings' to the approval of the Employer’s Representative / Engineer. E.5.2 These drawings shall be submitted for approval to the Employer’s Representative / Engineer in one complete set, and on receipt of approval the Contractor shall supply to the Employer one set of negative prints, two sets of prints on paper, one further complete set of negative prints and one electronic copy shall be sent to the Employer’s Representative / Engineer. E.6 Drawings E.6.1 The following drawings have been used in the preparation of these Tender and Contract Documents and are the drawings referred to in part (l) of Clause C.1.(1) of the Conditions of Contract.
  • ANNEXURE
  • LETTER OF ACCEPTANCE
  • MIZIN AUTHORITY REQUIREMENTS FOR DESIGN & ERECTION OF HOARDING WALLS