PROJECT NO.

: DB - 82- 1182

(G+2) FLEX RESIDENTIAL LOTS

ON PLOT NO. JVC13QFRP001 AT JUMEIRAH VILLAGE,
DUBAI, UAE

MAIN CONTRACT WORKS

TENDER DOCUMENT
VOLUME I
CONDITIONS OF CONTRACT: PART- 1, PART- 2 & PART- 3

CLIENT: CONSULTANT:
Mr. Fayes Saeed Mohamed Ibbini Al Ajmi Engineering Consultants
PO Box , Abu Dhabi, UAE PO Box 14115, Dubai, UAE
Tel: 02-6337024, Fax: 02-6812237 Tel: 04 2349494 Fax: 04-2239900

October - 2013
 GENERAL INDEX

VOLUME I CONDITIONS OF CONTRACT, PART- 1, PART- 2 & PART- 3

SPECIFICATIONS:
PART - 1, CIVIL & ARCH. SPECIFICATIONS
VOLUME II
PART - 2, MECHANICAL SPECIFICATIONS
PART - 3, ELECTRICAL SPECIFICATIONS
BILL OF QUANTITIES:
VOLUME III PART I, CIVIL & ARCH. WORKS
PART II, MEP WORKS

VOLUME IV SOIL INVESTIGATION REPORT & DRAWINGS

INDEX

VOLUME - I

1. INSTRUCTIONS TO TENDERER IT/1 –IT/5

2. SUPPLEMENTARY CONDITIONS OF CONTRACT - PART - I SC/1 – SC/10

3. PARTICULAR CONDITIONS OF CONTRACT - PART II CL/1 – CL/9

4. GENERAL CONDITIONS OF CONTRACT - PART III GC/1

5. FORM OF TENDER D/1 – D/2

6. APPENDIX TO FORM OF TENDER D/3 – D4

7. FORM OF CONFIRMATION OF SITE VISIT E/1

8. FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT F/1

9. FORM OF PERFORMANCE BOND G/1 – G/2

10. FORM OF AGREEMENT H/1

INSTRUCTIONS TO TENDERER
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract
INSTRUCTIONS TO TENDERER
The following instructions together with all the documents and drawings as listed in the Table of Contents
should be carefully examined by intending Tenderers and failure to comply with them may lead to
invalidation of the tender.
General
The tender documents issued for tendering are:
1. VOLUME I - Part 1, Part 2 & Part 3, Conditions of Contract,
2. VOLUME II - Part 1 - Civil & Arch. Specifications
3. VOLUME II - Part 2 - Mechanical Specifications
4. VOLUME II - Part 3 - Electrical Specifications
5. VOLUME III - Part 1 - Bill of Quantities, Civil & Arch. Works
6. VOLUME III - Part 2 - Bill of Quantities, MEP Works
7. VOLUME IV - Tender Drawings & Soil Investigation Report

1. The Parties

(1) Client - Mr. Fayes Saeed Mohamed Ibbini

PO Box , Abu Dhabi, U.A.E.
(2) Engineer - M/s. Al Ajmi Engineering Consultants
P O Box 14115, Dubai, U.A.E.
2. Scope of the Works
The scope of the works for this contract comprises the Construction, Commissioning, handing
over and one year free maintenance for the proposed (G+2) Flex Residential Lots on plot
JVC13QFRP001 at Jumeirah Village, Dubai, UAE. The total built up area is approximately
41,872.90 Sq. Ft.

3. Description of the Site

A. Plot No. JVC13QFRP001 at Jumeirah Village, Dubai, UAE. The contractor must verify that
there is adequate hard access up to or near the perimeter of the site and that it is suitable for
receiving heavy equipment/trailers.
B. The contractor is to restrict his operations entirely to the site area allowed to him. He will be held
responsible for any act of trespass by his people.
C. The Contractor is to arrange his work so as not to interfere with the free use of any existing
buildings, gardens, roads or other areas on or adjoining the site. On completion of the Contract,
the site and any adjacent areas affected by the building operations shall be cleared of all
temporary works, debris and other rubbish and all disturbed works and the ground must be made
good to the entire satisfaction of the Employer.
D. The Contractor’s attention is drawn to the fact that there is a common boundary to the adjacent
site/plot. This contractor shall take all the necessary precautions not to affect the neighboring
site/plot in any way.
E. The Contractor is to allow for coordination with the other contractors on site including the works’
excavation, dewatering, shoring, contractors, and other as applicable.

4. Particulars to be submitted with Tender

Tenderers shall submit the following particulars with the tender:
A. A copy of each Notice to Tenderers issued by the Engineer, if any, which must be endorsed by the
Tender.
B. A Memorandum of Procedure giving in outline and detail, their general scheme and Programme
for the execution of the Works in the form of a Bar Chart or Precedence Network.
C. An outline Method statement of the methods proposed for the construction of Works, including a
description of the measures to be adopted to limit noise, dust and other forms of environmental
pollution.

M/r. Fayes Saeed Mohamed Ibbini Page No. IT/1

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Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

Instructions to Tenderer (Cont’d)

D. Particulars of their proposed site staff and management organization for the work including
number of supervisors and labourers, etc.
E. Particulars of the plant they propose to use.
F. A list of the Subcontractors and Suppliers they propose to use with particulars of the extent of the
work which will be undertaken by them;
G. The sources from which they propose to obtain their local materials and aggregates.
H. Their proposals for providing accommodation for their imported labour;
I. Their forecast of payment certificates in the form of a Cash Flow chart.
J. Duly filled, signed and stamped Site Visit form.

5. Submission of Tenders

A. The Tenderers shall submit 2 sets of the Tender documents, which shall be clearly marked
‘Original’ and 'copy'. In addition, Tenderers shall submit a photocopy of the Tender Documents
which shall be clearly marked ‘Copy’. Tenderers shall also submit a digital copy of their bids with
the Tender Documents, all of the particulars referred to in item 4 of these Instructions together
with all the drawings issued for tendering purposes. The filled in BOQ shall be submitted in the MS
Excel sheet.
B. The entire Tender submission, duly completed as required shall be enclosed in plain sealed
envelopes or packages, impressed with sealing wax, endorsed with the title of the project and
shall be addressed and delivered as required by the Letter of Invitation to Tender.
C. The exterior of the envelopes or packages must not reveal the identity of the sender.
D. Any Tender which is not submitted in the Form of Tender or does not conform to all of these
conditions or does not include any of the required documents or is not qualified in any way may be
rejected.
6. Type of Contract

A. Subject only to any increase or decrease in accordance with the terms of the Contract, the fixed
price lump sum contract and any rates and prices quoted by the Tenderer shall be fixed and for
the avoidance of doubt shall not be exceeded for the duration of the Contract and shall include for
all and any fluctuations which may occur during the duration of the Contract.
B. Any amendment to the contract price shall only be through variation permitted by the Contract and
instructed in writing by the Employer or by adjustment to provisional sums or the re-measurement
of quantities expressly agreed by both parties.
C. The descriptions in the Schedule of Rates/BOQ 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 Standard and Codes of Practices for further information as no claim
for variation will be considered on account of the Contractor’s failure to do so.
D. The Contractor shall execute the Works in accordance with the content and meaning of the
Drawings and Specifications. He shall supply all items / accessories necessary for the proper
execution of the Works and execute all the Works which may be inferred whether or not
specifically shown or described.

7. Misconception

The Tender must be submitted solely on the basis of the Tender Documents and shall be free of
any fallacy. Should the Tenderer wish to submit an alternative offer to the Employer for
consideration, such offer must be additional to and completely separate from this Tender. Tenders
submitted with any misconception will be deemed to be rejected despite any implied or written
understanding between the parties.

M/r. Fayes Saeed Mohamed Ibbini Page No. IT/2

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

Instructions to Tenderer (Cont’d)

8. Expenses of Tender

The Employer and the Engineer will not be responsible nor pay any expenses, which may be
incurred by any Tenderer in the preparation and submission of this Tender
NOTE: The awarded tenderer has to pay a sum of AED 15,000/- towards Tender/Contracts
documents to Engineer's office upon signing the contract.

9. No alteration to be made to documents

No alteration, other than filling in all the blanks intended to be filled in, shall be made in any of the
documents issued. If any alteration is made and if these instructions are not fully complied with,
the Tender may be rejected.

10. Details of Other Contractors at the Site

The Tenderers’ attention is drawn to the requirements detailed in the Specifications whereby he
must co-ordinate his operations in connection with the Enabling Works contractors or nominated
subcontractors/suppliers for other works.
The successful Tenderer for this Contract shall be required to enter into formal Sub-contract with
the domestic and Nominated Sub Contractors as necessary.
Sub contractor for any work shall have an approved license to work in Dubai.

11. Indemnity to Employer

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

12. Members of Employer’s Staff etc. not personally liable

Neither any member of the Employer’s staff nor the Engineer nor any of his staff nor the
Engineer’s representative shall be in any way personally liable for the acts or obligations under the
contract, or answerable for any default or omission on the part of the Employer in the observance
or performance of any of the acts, matters or things which are herein contained.

13. Neglect to Obtain Reliable Information

A. Any neglect or failure on the part of the Tenderers to obtain the reliable information at Site or
elsewhere upon the foregoing or any other matters affecting the execution, completion,
maintenance of the Works as well as the Contract conditions shall not relieve the Tenderers from
any risks or liabilities or from the responsibility of completing the handing over of the Works all as
defined in the Contract.
B. The Tenderer shall be deemed to have inspected and examined the site so far as practical
and would have taken spot levels to assess the earthwork required in cutting or filling and
shall be deemed to have included its costs while compiling his tender. The contractor should
visit the site and study in detail about the site to be aware of the scope of work and to ascertain the
works already completed at site and should quote accordingly.
C. Any spot levels or survey records provided by the Employer/Engineer are indicative only and the
Tenderer is deemed to have verified the same on the site while tendering.

D. Any neglect or failure on the part of the Tenderers to obtain reliable information on the site upon
the foregoing shall not relive the Tenderers from any risks or liabilities or responsibilities of
completing the works.

M/r. Fayes Saeed Mohamed Ibbini Page No. IT/3

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

Instructions to Tenderer (Cont’d)

14. Notice to Tenderers /Addenda

At any time prior to the date fixed for the delivery of the Tenders the Engineer acting on behalf of
the Employer, may issue Notice(s) to Tenderers deleting, varying, adjusting or extending any item
in the tender documents. Any such Circular Letter(s) shall be incorporated in the Contract and
shall form an integral part of the tender documents and shall be treated as such by Tenderers.
The Tenderer shall submit any request for clarification not later than 7 days prior to the date fixed
for submission of tender.

15. Performance Bond

A. The successful Tenderer will be required to provide a Performance Bond under the defined clause
10 of the Conditions of Contract to the value of ten percent (10%) of the Contract amount, valid till
the end of the Defects Liability Period. The Performance Bond will be retained by the Employer
during the period of the Contract and will be returned upon taking over of the Works in accordance
with the Contract conditions.
B. The Performance Bond should be obtained from an approved Bank in U.A.E.
C. The Performance Bond should be submitted in the format shown in the specimen Form of
Performance Bond included in the Tender Documents or as approved by the Client / Engineer

16. Opening of Tender

Tenders will be opened privately at the convenience of the Employer. The Employer does not bind
himself to accept the lowest or any tender and will not state a reason for the acceptance or
rejection of a tender.

17. Pricing of Schedule of Rates/BOQ

A. All the Tenderers shall be aware of the fact that each item in the Schedule of Rates/BOQ must be
priced at a rate which truly reflects the value of the item as described. Tenderers are advised that
if, in the opinion of the Engineer the rate for any item is uplifted above the true value of the work
described then the Engineer may regard such rate as inapplicable for the purposes of valuing
variations in accordance with the provisions of the Conditions of Contract.
B. Should the tenderer requires to propose an alternative, then this alternative item shall be advised
separately.
C. All items in the tender documents are to be priced and extended in ink. Any alteration must be
initialed by the person signing the tender.
D. Each item in the tender document is to be priced. If any item is left un-priced, it shall be deemed
that the cost of the work described hereunder is allowed elsewhere in the document.
E. Any Omission or failure of the tenderer to quote for an item to get reliable information which will
affect the execution of work shall not relieve the tenderer from any consequences with respect to
the cost and time.
F. No fluctuation due to errors in Calculating quantities, arithmetic miscalculation, misread of
drawings and specifications will be accepted after the award of the contract.
G. The Contractor is responsible to familiarize himself with the full content of other Contract
Documents including the Drawings and specifications (or any other information that can be
reasonably inferred from any of them) All obligations contained in the documents shall be included
in the lump sum tender price, even if specific items relating to them are not listed in the Schedule
of Rates/BOQ. The Drawings, Specifications and Bills of Quantities and all other Contract
documents are related to each other and if any item is included in any of them, it shall be deemed
to be included in all.

19. Preference for Materials and Equipment

Tenderers are to give preference to materials and equipment, which are in compliance with the
Conditions of Contract.

M/r. Fayes Saeed Mohamed Ibbini Page No. IT/4

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

Instructions to Tenderer (Cont’d)

The Employer may place advanced order or deal with nominated suppliers or sub-contractors for
materials, equipments and plants. The Tenderer shall be required to take delivery of such
materials, equipments and plants at such locations in the UAE as the Engineer directs and install
them as part of his obligations under the Contract. Details of such materials and indicated delivery
date(s) shall be advised by the Engineer

20. Conditions of Contract

The “Conditions of Contract” applicable between the employer and the contractor are the
Conditions of Contract (International) for Works of Civil Engineering Construction (Fourth Edition –
1987/92) prepared by the Federation Internationale Des Ingenieurs – Conseils (FIDIC) in witness
of the Engineer but amended by the Employer and further supplemented by Part II – Conditions of
Particular Applications and Part III – Supplementary Conditions more particularly defined in
sections 'CL' and ‘SC’ hereof.

21. Checking of Documents

The tenderer shall be required to check the numbers of the pages of the document against the
page numbers given in the index and if he finds any missing, induplicate or indistinct; he must
inform the Engineer at once and have rectified the same.

END OF INSTRUCTIONS TO TENDERER

M/r. Fayes Saeed Mohamed Ibbini Page No. IT/5

 PART - III

SUPPLEMENTARY CONDITIONS OF CONTRAC

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Supp. Conditions of Contract

SUPPLEMENTARY CONDITIONS OF CONTRACT

PART I: GENERAL CONDITIONS
The “Conditions of Contract” applicable between the employer and the contractor is the Conditions of
Contract (International) for Works of Civil Engineering Construction (Fourth Edition – 1987/92) prepared by
the Federation Internationale Des Ingenieurs – Conseils (FIDIC) in witness of the Engineer but amended
by the Employer and further supplemented by Part II – Particular Conditions of Contracts and
Part III – Supplementary Conditions more particularly defined in sections 'CL' and ‘SC’ hereof.
PART III: SUPPLEMENTARY CONDITIONS OF CONTRACT

Clause 1 Definitions:

Clause 1.1(a) (i) Shall read: “The Employer” means

Mr. Fayes Saeed Mohamed Ibbini
P.O. Box , Abu Dhabi, UAE
ii) Shall read: "The Contractor" means
M/s. ………………………………………
P.O. Box…………, …………, U.A.E.
iii) Shall read: “The Engineer” means
M/s. Al Ajmi Engineering Consultants
P.O. Box 14115, Dubai, U.A.E.
Clause 2
Sub – Clause 2.1- Engineer’s Duties and Authority

The Engineer shall obtain the specific approval from the Employer before carrying out his duties in
accordance with the following Clauses of Part1;
a. Consenting to the Contractor’s programme submitted under Clause 14.
b. Suspension of work under Sub- Clause 40.1
c. Issuing any taking-over Certificate under Clause 48.
d. Issue of any instruction in accordance with Clause 51 which materially affects the character, quality
kind or scope of work and the programme or a variation to increase the quantity of any work included
in the Contract.
e. An instruction for the execution of work by a Nominated Subcontractor under clause 58.2(b).
f. Issuing a Defects Liability Certificate under Clause 62.
g. “Instruct the Contractor to use all or part of the Provisional Sums in accordance with sub-clauses 58.1
and 58.2.”
h. Require the Contractor to rectify loss or damage to the Works caused by the Employer’s risk (sub-
clause 20.4) and determine any addition to the Contract Price in accordance with sub-clause 52,
pursuant to sub-clause 20.3.”
i. Award the Contractor an Extension of Time to be determined in accordance with sub-clause 44.1.”
Notwithstanding the obligation on the Engineer, as set out above, to obtain approvals, if in the opinion of
the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he
may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct
the Contractor to execute all such works or to do all such things as may, in the opinion of the Engineer, be
necessary to abate or to reduce the risk. The Contractor shall forthwith comply, despite the absence of
approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an
addition to the Contract Price, in respect of such instruction, in accordance with Clause 52 and shall notify
the Contractor in writing accordingly, with a copy to the Employer.

Mr. Fayes Saeed Mohamed Ibbini Page No. SC/ 1

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Supp. Conditions of Contract

Supplementary Conditions of Contract (Part – III, Cont'd)

Clause 5
Sub- Clause 5.1- Language/ s and Law
a. The Contract documents shall be drawn up in English Language which shall be the ‘Ruling
Language’ for the purposes of the Contract.
b. The Contract shall be governed by and construed in accordance with the Federal Laws and
Regulations of the United Arab Emirates.
Sub- Clause 5.2- Priority of Contract Documents
Delete the Clause and substitute the following
The several documents forming the Contract are to be taken as mutually explanatory of one another, but in
the case of ambiguity and discrepancies or within the Contract Documents, Codes, Regulations, the
provisions most favorable to the Employer as deemed by the Employer shall prevail and govern the
obligations of the Contractor at no extra cost to the Employer. In case of doubt, the Engineer after
consultation with the Employer shall confirm the conditions applicable for the performance of the Works.
Clause 8
Sub- Clause 8.3- Decennial Liability
The Contractor shall be liable for the consequences of errors, omissions or negligence on his part and in
particular he shall be liable for any defects or failures 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 Works in question. The approval of the Engineer shall not in any way absolve or relieve the Contractor
from any such obligation, responsibility or liability.
Add additional sub clause as following:
Sub Clause 8.4 – Contractors responsibility.
Contractor is responsible for ensuring the strength, durability and proper execution of all the works already
executed at site or by himself or by the Subcontractors / Nominated Subcontractors or other contractors.
The contractor shall be responsible for the supply of electricity, Water, Storage area, necessary Tower
crane and other equipments/facilities for the loading and transferring of the materials for the
subcontractors/ Nominated Subcontractors as per the requirements and instructions of the Engineer.
Selected Contractor shall ensure proper taking over of the project as claims for extras and/or variations will
not be considered after he has accepted the work. It is the responsibility of the selected contractor to
ensure the strength and quality of the works already done at site by other contractors and he shall verify
and satisfy himself that all the works done at site are executed as per the new revised tender drawings.
Clause 10
Sub- Clause 10.1- Performance Security
Delete this Clause and substitute the following:
“The Employer shall require from the successful Contractor to obtain the Performance Guarantee / Bond of
a bank to be jointly and severely bound with the Contractor in a sum equivalent to 10 percent of the
Contract Sum for the due performance of the Contract. This Security is valid until the Contractor has
executed and completed the Works and remedied any defects therein in accordance with the Contract and
shall, before expiry, be automatically renewed until a Defects Liability Certificate has been issued or until
advised by the Client / Engineer that the contract has been fulfilled. The said Performance Guarantee /
Bond shall be unconditional, irrevocable and payable on the first demand in spite of any contestation with
no need for any evidence or documentation. The said Bank shall be such as established in the United Arab
Emirates and shall be approved by the Employer and the obtaining of such guarantee and the cost of the
Bond to be so entered into shall be at the expense in all respects of the Contractor.”

Mr. Fayes Saeed Mohamed Ibbini Page No. SC/ 2

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Supp. Conditions of Contract

Supplementary Conditions of Contract (Part – III, Cont'd)

Clause 12
Sub- Clause 12.1- Sufficiency of Tender
This Clause is deleted and the following substituted:
“The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his Tender and of the quantities and rates stated in the Bill of Quantities/Schedule of Rates,
for all the Works, which shall except as it is otherwise provided in the Contract, cover all his obligations
under the Contract and all matters and things necessary for the proper execution, completion and
maintenance of the Works and remedying any defects therein.”
Sub – Clauses 12.3 – Notice
The Contractor shall specify the exact nature of the physical obstructions or physical conditions
encountered in any notice given under Sub- Clause 12.2. The Contractor shall also with the notice or as
soon as possible thereafter, give:
a) Details of the anticipated effects thereof,
b) The measures he is taking or proposing to take, and
c) The extent of the anticipated delay in or interference with the execution of the Works
Clause 14
Sub- Clause 14.1- Programme to be submitted
Delete the text Sub Clause 14.1 substitute;
“The Contractor should submit with his Tender a detailed Work Programme and Method Statement in
compliance with the requirements as stated in this Tender. Prior to the signing of the contract, but in any
case not later than 14 days after the date of the letter of acceptance/intent, the Contractor shall submit to
the Engineer for his consent a further Programme and Method statement with the same form and content
or such similar form and content as the Engineer shall reasonably prescribe.”
Sub-Clause 14.2- Revised Programme
Add at the end of the Clause:
“The Contractor in producing the revised programme shall take into account all matters affecting the
progress of the works including, but not limited to, any revisions to the programme required by his
subcontractors. The Contractor shall produce any such revised programme to the Engineer within 14 days
of being requested to do so by the Engineer.”
Sub-Clause 14.3 – Cash Flow to be submitted
Add at the end of the Clause:
To be submitted within 14 days after the date of the Letter of Acceptance/Intent.
Clause 20.1 – Care of Works

Delete the first paragraph of Sub-clause 20.1 in its entirety and substitute with the following:
“The Contractor shall take full responsibility for the care and custody of the Works, including the Plant and
materials for incorporation therein, from the Commencement Date until the date of issue of the Taking-
Over Certificate for the whole of the Works, when the responsibility for the said care and custody shall
pass to the Employer. Provided that:

Insert the following sub-clause after 20.1(b);

(c) In respect of any items of Plant or materials which are to be issued by the Employer to the
Contractor for incorporation in the Works
i) The Contractor shall at the time or times specified in the Tender Documents and incorporated in
the programme furnished pursuant to Sub-Clause 14.1, or such other time or times mutually
agreed by the parties, collect, transport and deliver each item or items to the Site from a location
or locations to be notified by the Engineer, to such location or locations not being outside of the
United Arab Emirates.

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(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Supp. Conditions of Contract

Supplementary Conditions of Contract (Part – III, Cont'd)

ii) Prior to collecting such item or items, the Contractor shall inspect the same and notify the Engineer
of any detected shortage, defect or default. If the Engineer considers that any notified shortages,
defects or defaults can be detected then the Employer shall expeditiously remedy these
shortages, defects or defaults, or the Contractor shall, if practicable and possible, at the instruction
of the Engineer, remedy such shortages, defects or defaults. If the Engineer considers that no
shortages, defects or defaults can be detected then after inspection, such item or items shall fall
under the care, custody and control of the Contractor.
iii) The Contractor shall commence and complete the installation, testing, start-up and/or
commissioning of all items of Plant and materials which are freely issued, under the direction and
superintendence of the Engineer. The provision of such direction and superintendence shall not
relieve the Contractor of his responsibility to install, test, start-up and /or commission, each as
applicable, the items in question in accordance with the provisions of the Contract.

iv) All the equipments of the project shall be tested and commissioned by using either DEWA power
supply or by using the generator with all the required protection suitable for the project equipments
to avoid damaging of any electrical part of the equipments. The level and type of the protection to
be as per the requirements and recommendations of the equipments manufacturers or as directed
by the Engineer. If the building completion certificate is not issued or delayed due to incomplete
infrastructure works or any other reason related to authorities, then the contractor shall execute
the testing and commissioning with his own resources and the preliminary handing over date (i.e.
the start of DLP) will be the date of successful completion of testing and commissioning of the
project.

Clause 21
Insert the following sub-clause after 21.1:

Contractor all risk insurance: The contractor shall submit all risk insurance to the Engineer within 21
(twenty one) days from the date of signing the contract for the contract amount as per the conditions of
contract and the applicable rules and regulations of UAE authorities.

Third Party Insurance: The contractor shall submit to Engineer the third party insurance as per the rules
and regulations of UAE within 21 days of signing the contract.
Clause 21.2 – Scope of Cover
Add at the end of the Clause:
“The contractor will be required to comply with the terms and conditions of the insurance and will be fully
responsible for the management of claims under the policy.”
Clause 24.2 – Insurance Against Accident to Workmen
Add at the end of the Clause:
The workmen compensation insurance policy which is to be submitted by the contractor shall cover the
client, client representative, the Engineer and all his staff members.
Clause 26
Clause 26.1- Compliance with Statutes, Regulations, etc….
Insert the following sub-clause in Sub-Clause 26.1;
(c) The rules and regulations of all service authorities and utilities who may have, be installing or will
install in the future, apparatus and infrastructure in the Site.”
Delete the last sentence of Sub-Clause 26.1 and insert the following words:
“The Contractor shall allow for all such costs properly payable in respect of such fees.”
Clause 26.3- Electricity, Water, Telephone, Drainage, etc.
Insert the following additional Sub-Clause;
“The Contractor shall be responsible under this Contract to liaise with all service authorities and utilities to
ensure that the work is carried out to their latest regulations and rules regardless of the fact that the
Engineer may have already liaised with such authorities and utilities prior to the award of this Contract.
The Contractor shall liaise with all service authorities and utilities throughout the Contract and shall be
responsible for obtaining full approval of the authorities and utilities and connections as required by the
Contract”.

Mr. Fayes Saeed Mohamed Ibbini Page No. SC/ 4

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Supp. Conditions of Contract

Supplementary Conditions of Contract (Part – III, Cont'd)

Clause 34
Add additional Sub- Clauses as follows:
Sub- Clause 34.2 - Supply of Water
“The Contractor shall, so far as is reasonably practicable having agreed to local conditions, provide on the
Site an adequate supply of drinking and other water. Such water will be for the use of the Contractor’s staff
and labour and will also be given free of charge to the Engineer, the Employer and all Subcontractors as
required.”
Sub- Clause 34.3 – Alcoholic Liquor or Drugs
“The Contractor shall not give, otherwise than in accordance with the Statutes, Ordinances and
Government Regulations or Orders for the time being in force, import, sell, give barter or otherwise dispose
any alcoholic liquor or drugs, or permit or suffer any such importation, sale, gift, barter or disposal by his
subcontractors, agents, staff or labour.”
Sub - Clause 34.4 - Arms and Ammunition.
The Contractor shall not give, barter or otherwise dispose of to any person or persons, any arms or
ammunition of any kind or permit or suffer the same as Aforesaid
Sub- Clause 34.5 - Festivals and Religious Customs
The Contractor shall in all dealings with his staff and labour have due regard to all recognized festivals,
days of rest and religious or other customs in accordance with U.A.E. laws.
Sub-Clause 34.6 - Epidemics
In the event of any outbreak of illness of any epidemic nature, the Contractor shall comply with and carry
out such regulations, orders and requirements as may be made by the Government, or the local medical or
sanitary authorities, for the purpose of dealing with and overcoming the same.
Sub-Clause 34.7- Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by or amongst his staff and labour and for the preservation of peace and protection of
persons and property in the neighborhood of the Works.
Sub-Clause 34.8- Labour Laws
The Contractor shall comply with all Labour laws as from the date of their enactment and shall not be able
to claim exception from them.
Sub- Clause 34.9- Observance by Subcontractors
The Contractor shall be responsible for by his Sub-contractors of the requirements of this clause.
Clause 35
Add additional Sub- Clauses as follows:
Sub- Clause 35.2- Records of Safety and Health
“The Contractor shall maintain such records and make such reports concerning safety, health and welfare
of persons and damage to property as the Engineer may from time to time prescribe. The Contractor
should follow all safety instructions as mentioned in the Section 1010 ENVIRONMENT, HEALTH &
SAFETY (EHS) POLICY, Volume –II, PART I - CIVIL & ARCHITECTURAL SPECIFICATIONS.”
Sub- Clause 35.3 Reporting of Accidents
The Contractor shall report to the Engineer details of any accident on or about the Site or in connection
with the execution of the Works, as soon as possible and in any event within 24 hours of its occurrence.
The Contractor shall also report such accident to the appropriate authority whenever such report is
required by law. In all cases of fatality or serious accident, the Contractor shall, in addition, notify the
Engineer immediately by the quickest available means.
Clause 36
Sub- Clause 36.4 Costs of Tests not provided for
Add the final at the end as follows:

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Supplementary Conditions of Contract (Part – III, Cont'd)

“Provided that as a result of the Contractors method of working not being in accordance with the Contract,
the Engineer has reasonable grounds to suspect that any materials, plant or workmanship used in any part
or parts of the Works may not be in accordance with the provisions of the Contract, he may require the
Contractor to carry out any test which in the opinion of the Engineer is necessary to verify the quality of
such materials, plant or workmanship in such part or parts of the Works and the cost of any test so
required shall be borne by the Contractor regardless of whether or not such test shows the materials, plant
or workmanship to be in accordance with the provisions of the Contract and to the satisfaction of the
Engineer. The Contractor shall not be allowed to claim any extension of time as a result of having to carry
out such tests.”
Clause 37.2

Clause 37.2 – Inspection and testing

The contractor shall give minimum 24 hours notice to the Engineer or any person authorized by him, to
inspect the work or parts of the works. Failing of the Contractor to abide by the said sub-clause shall
relieve the Engineer of any sequences, which may occur.
Clause 41.1- Commencement of Works
Delete this clause and substitute with the following:

“Commencement date for the works shall be as per Appendix to Form of Tender.”

Clause 42
Add additional Sub-Clause as follows:
Sub-Clause 42.4- Use of Site
The Contractor shall not use any portion of the site for any purpose not connected with the Works without
the prior written approval of the Engineer. Such approval shall only be issued by the Engineer after due
consultation with the Employer.

The Contractor shall maintain and permit access for the inspection, operation and maintenance of any
plant or works belonging to the Employer or other authorities who lie within the Site or in other areas which
are affected by the Contractor’s operations.

The Contractor shall observe all agreements entered into by the Employer and made known to the
Contractor with any person or persons relating to occupation of land and properties by the Employer and
the execution of the Works thereon.

The Contractor shall not disturb nor damage or pull down any hedge, tree wall or building outside the area
occupied by the permanent works and within the site without the written consent of the Engineer after
approval by the Employer and Local Authorities, unless specifically stated otherwise under the Contract.

Clause 43
Clause 43.1- Time for Completion
Inset the following sentence at the end of Sub-Clause 43.1

“The time or times for completion or such extended time as may be allowed under Clause 44 shall be
deemed to include without limitation
a) All Fridays and public holidays;

b) All period prohibited by federal, local and/or municipal law for working in the outdoors during the
summer months;

c) All shortened working hours during the holy month of Ramadan;

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Supplementary Conditions of Contract (Part – III, Cont'd)

d) The time needed to acquire all customs clearances and other formalities connected with the
importation of Plan, materials, Contractor’s Equipments and Temporary Works for utilization in the
Works;

e) The time needed to acquire any certificates of completion from any concerned authorities;

f) The time needed for applying for and to obtain the electrical power, water supply and drainage
connections to the buildings associated with the permanent Works and completion certificates for the
same.

Sub-Clause 45.2: Engineer’s Overtime

Delete this clause and substitute the following:
“In the event that the Engineer or his representative appointed pursuant to clause 2 are obliged to
supervise the contractor’s operations in excess of 9 hours per working day(Sundays to Thursday), or on
Fridays & Saturdays or declared holidays in U.A.E., the cost to such overtime to the Engineer shall be the
following. Payment shall be made directly to the Engineer and should be paid within 15 days from
submitting the invoice.”
1. Area Manager - Dhs 450/hr

2. Specialist Engineer - Dhs 400/hr

3. Resident Engineer - Dhs 400/hr

4. MEP Engineer - Dhs 400/hr

5. Site Engineer - Dhs 350/hr

6. Quantity Surveyor - Dhs 350/hr

7. MEP/Site Inspectors - Dhs 300/hr

Clause 46.1
Sub Clause 46.1: Rate of Progress
1. If the rate of progress of the works or any section at any time was too slow to comply with the time
for completion and the contractor persistently and flagrantly neglected and failed to take steps as
are necessary to expedite progress so as to comply with time to completion after the notification of
the engineer under clause 46.1, the Engineer shall determine the situation and source the
resources from outside, from the cost and risk of contractor
2. The Employer shall dictate method of works which may expedite the works with out any liability on
the Employer and the Contractor shall not be entitled to any additional payment for taking such
steps by the employer.
3. If any step taken by the contractor in meeting his obligations under this clause involves the
employer in additional supervision costs, and such costs shall, after due consultations with the
employer, be determined by the Engineer and shall be recoverable from the contractor by the
employer.
Sub-Clause 47.2 Reduction of Liquidated Damages due to delay (Delete this Clause entirely)

Sub Clause 48.1: Taking-Over Certificate

When the whole of the Works have been substantially completed and have satisfactorily passed any Tests
on Completion prescribed by the Contract, the Contractor may give a notice to that effect to the Engineer,
with a copy to the Employer, accompanied by a written undertaking to finish with due expedition any
outstanding work during the Defects Liability Period. Such notice and undertaking shall be deemed to be a
request by the Contractor for the Engineer to issue a Taking-Over Certificate in respect of the Works.

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Supplementary Conditions of Contract (Part – III, Cont'd)

The Engineer shall, within 21 days of the date of delivery of such notice, either issue to the Contractor, with
a copy to the Employer, a Taking-Over Certificate, stating the date on which, in his opinion, the Works
were substantially completed in accordance with the Contract, or give instructions in writing to the
Contractor specifying all the work which, in the Engineer's opinion, is required to be done by the Contractor
before the issue of such Certificate. The Engineer shall also notify the Contractor of any defects in the
Works affecting substantial completion that may appear after such instructions and before completion of
the Works specified therein. The Contractor shall be entitled to receive such Taking-Over Certificate within
21 days of completion, to the satisfaction of the Engineer, of the Works so specified and remedying any
defects so notified.
Clause 49.2
Clause 49.2- Completion of Outstanding Work and remedying Defects
Insert the following sentence at the end of sub-clause 49.2 (b)
“Any part of the works which have been repaired, replaced, amended, substituted or otherwise altered
during the Defects Liability Period of reasons arising out of failure on the part of the Contractor shall be
subject to a further twelve (12) months Defect Liability Period from time when the remedial works have
been accepted by the Engineer.” (i.e. issuing the taking over certificate)
Sub-Clauses 54.3- Customs Clearance
Add at the end of this clause:
“The Contractor shall be responsible for the payment of all labour and port dues, wharfage, landing
pilotage, storage and other dues that are in force during the time of the work.”
Clause 55
Sub-Clause 55.1- Quantities
Delete, in the first line of this Sub-Clause “Bills of Quantities” and substitute “Schedules of Rates”.
Sub Clause 56.1: Works to be measured
The Engineer shall, except as otherwise stated, ascertain and determine by measurement 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 part of the Works to be measured, give reasonable
notice to the Contractor's authorized agent, who shall:
(a) Forthwith attend or send a qualified representative to assist the Engineer in making such measurement.
(b) Supply all particulars required by the Engineer.
Should the Contractor not attend, or neglect or omit to send such representative, then the measurement
made by the Engineer or approved by him shall be taken to be the correct measurement of such part of the
Works. For the purpose of measuring such Permanent Works as are to be measured by records and
drawings, the Engineer shall prepare records and drawings as the work proceeds and the Contractor, as
and when called upon to do so in writing, shall, within 14 days, attend to examine and agree such records
and drawings with the Engineer and shall sign the same when so agreed. If the Contractor does not attend
to examine and agree such records and drawings, they shall be taken to be correct.

If, after examination of such records and drawings, the Contractor does not agree the same or does not
sign the same as agreed, they shall nevertheless be taken to be correct, unless the Contractor, within 14
days of such examination, lodges with the Engineer notice of the respects in which such records and
drawings are claimed by him to be incorrect. On receipt of such notice, the Engineer shall review the
records and drawings.
Sub Clause 57.2: Breakdown of Lump Sum Items
For the purposes of statements submitted in accordance with Sub-Clause 60.1, the Contractor shall submit
to the Engineer, within 28 days after the receipt of the Letter of Acceptance, a breakdown for each of the
lump sum items contained in the Tender. Such breakdowns shall be subject to the approval of the
Engineer.

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Plot No. JVC13QFRP001 Tender Document
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Supplementary Conditions of Contract (Part – III, Cont'd)

Clause 59
Sub Clause 59.2: Nominated Subcontractors; Objection to Nomination/Termination
Add the following at the end of the clause:
1. The contractor can raise objection against the nominated subcontractor within 7days from the date
of nomination letter issued by the engineer to him or otherwise should enter into the contract
agreement within.
2. Without prior consent of Engineer /Employer the Main Contractor cannot terminate the contract
agreement with any NSC.
3. Main Contractor shall enter into the contract agreement with the Nominated Subcontractor if there is
no objection within 15days from the instructions (in writing) of the Client/Engineer whichever is
earlier
Sub-Clause 59.4 - Payment to Nominated Sub-Contractor (NSC)
The Employer reserves the right to directly negotiate payment terms with the Nominated Subcontractors
(NSC) different to those agreed with the main contractor. In case payment to the NSC are in excess of
those agreed with the Main contractor, such excess amount due to the NSC shall be certified separately
and the Main contractor shall pay the same, unconditionally, within seven (7) days after receiving the
payment from the Employer. The different method of payment does not change other conditions in the
contract with respect to any Nominated subcontractor.
Performance bond is applicable for supply items by the Employer from the NSC. Guarantee cheque shall
not be acceptable instead of Performance bond.
The Employer reserves the right to issue direct payment to the NSC (if necessary) at any payment
schedule up to taking over certificate.
Clause 60
Sub- Clause 60.2- Monthly Payments
Add the following in the end:
The Employer reserves the right to deduct any money or monies from the contractor's bill due to the
following
 Amount extra claimed or not payable to other parties in the previous approved payment certificates
 Works, if not completed properly to the satisfaction of the engineer or incomplete
 Failing to do his obligations under the contract
 If any payments, directly paid by the client
 Liquidations, savings, etc. if any
 Amounts due to works carried out by NSC or another contractor, if any.

Sub- Clause 60.10- Time for Payment.

Delete the words ‘In the event of failure of the Employer… under Clause 69 or otherwise.

Insert the following at the end:

“Notwithstanding the provisions of Sub-Clause 60.10, no payment, with the exception of an advance
payment pursuant to Sub-Clause 60.1 shall be made by the Employer to the Contractor until complete
Contract Documents, including the final form of Agreement, have been signed and executed by all parties.
Complete Contract Documents shall be presented by the Engineer to the Contractor for signature within
thirty (30) days of issue of the Letter of Acceptance, or if an advance payment is made, before the value of
Works executed exceeds the value of the advance payment certified, whichever is later.”
Additional Sub-Clause 60.11- No Compliance with Instructions.
Should the Contractor fail to comply with a written instruction from the Engineer or the Employer within the
time periods stated in the Conditions of Contract, then the Engineer / Employer shall have the right to
withhold payment to the Contractor until such time as the Contractor shall have complied with the relevant
instruction.
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Supplementary Conditions of Contract (Part – III, Cont'd)

Sub Clause 63.1 Default of Contractor
Include the following at the end:
1. Failure to follow Engineer's instruction.
2. Failure to follow and adopt the works as per Clause 14 programme
Clause 67
Sub-Clause 67.3- Arbitration
Under Sub Clause [b] in the line 4 delete the words ‘International Chamber of Commerce’ and insert ‘Dubai
Chamber of Commerce’.
Clause 70
Sub-Clause 70.1- Increase or Decrease of Cost
Delete this Clause
Add the following:
No adjustments to the contract price shall be made in respect of increase or decrease in the cost of labour
and /or materials or any other matters affecting the cost of the execution of the works.
Under a new heading to be called “Termination for Convenience by the Employer” and to be located
immediately following Sub Clause 72.3, add the following Sub Clause:
Sub-Clause 73.1 - Employer’s Entitlement to Termination for Convenience
The Employer shall be entitled to terminate the Contract, at any time for the Employer’s convenience, by
giving notice of such termination to the Contractor. The termination shall take effect 14 days after the later
of the date on which the Contractor receives this notice or the Employer returns the performance security
provided in accordance with Sub-Clause 10.1. The Employer shall not terminate the Contract under this
Sub-Clause in order to execute the Works himself or to arrange for the Works to be executed by another
contractor or to avoid termination of the Contract by the Contractor under Sub-Clause 69.1.
Sub-Clause 73.2 - Cessation of Work and Removal of Contractor’s Equipment following Termination for
Convenience
After receiving a notice of termination under Sub-Clause 73.1, the Contractor shall promptly:
(a) Cease all further work, except for such work as may have been instructed by the Engineer for the
protection of life or property or the safety of the Works,
(b) Hand over the Contractor’s documents, Contractor’s Equipment, Plant, materials and other work, for
which the Contractor has received payment or will be claiming for payment, and
(c) Remove all other Contractor’s Equipment and materials from the Site, except as necessary for safety,
and leave the Site.
Sub-Clause 73.3 - Payment on Termination for Convenience
After a notice of termination under Sub-Clause 73.1 has taken effect, the Employer shall promptly:
(a) Return the performance security provided in accordance with Sub-Clause 10.1 to the Contractor, and
(b) Pay the Contractor in accordance with Sub-Clause 65.8.

Additional Sub-Clause 73.4: Right to employ others

In the event that the contractor becomes in breach of, or fails to observe the provisions of the contract and
fails to remedy such breach or failure, then the Employer shall be able to employ others to remedy the
Contractor's breach and failure. Any cost incurred in doing so, shall be deducted from contractor's money
otherwise due under the contract from the Employer to the contractor.
Additional Sub-Clause 73.5: Recovery of Sums
When under the contract any sum of money shall be recoverable from or payable by the contractor , it may
be deducted from any sum or sums then due or which at any times thereafter may become due to the
Contractor under or in respect of his contract or any other contract with the Employer

END OF SUPPLEMENTARY CONDITIONS OF CONTRACT

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 PART - II

PARTICULAR CONDITIONS OF CONTRACT

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

CONDITIONS OF PARTICULAR APPLICATIONS (PART – II )

PART I: GENERAL CONDITIONS
The “Conditions of Contract” applicable between the employer and the contractor is the Conditions of
Contract (International) for Works of Civil Engineering Construction (Fourth Edition – 1987/92) prepared by
the Federation Internationale Des Ingenieures – Conseils (FIDIC) in witness of the Engineer but amended
by the Employer and further supplemented by Part II – Conditions of Particular Applications and Part III –
Supplementary Conditions more particularly defined in sections 'CL' and ‘SC’ hereof.
PART II: CONDITIONS OF PARTICULAR APPLICATIONS (PART – II)
Definitions
Clause 1.1(a) (i) Shall read: “The Employer” means
Mr. Fayes Saeed Mohamed Ibbini
P.O. Box , Abu Dhabi, U.A.E.
(iv) Shall read: “The Engineer” means
M/s. Al Ajmi Engineering Consultants
P. O. Box: 14115, Dubai, U.A.E.
1. Land
A. The Employer will provide all the land, way leave and easements for the Permanent Works and the
Contractor may, where approved by the Architect, so far as they are available use the same for
temporary purposes.
B. No guarantee can be given that extra areas can be acquired. If extra areas cannot be acquired or
if the Contractor shall require any land other than the site for the storage or preparation of material
or for other purposes in connection with the Works, he shall provide it at his own expense.
C. The Contractor shall observe all agreements entered into by the Employer with any person or
persons relating to occupation of the properties by the Employer and to the execution of the Works
hereon, provided always that compliance with such agreements shall not relieve the Contractor of
his obligations under Clause 29 hereof. The Contractor will be given on request copies of any
agreement or part thereof relating to such matters.
D. In so far as the execution of the Works requires the acquisition or use and occupation of land,
including access routes thereto, for the establishment of quarries and/or borrow pits or for any
other purpose associated with the Works such lands being outside the site of the permanent
works and the property of parties other than the Employer, the Contractor shall be entirely
responsible for all arrangements necessary for, and costs arising from, such acquisition or use
and occupation. The Contractor shall indemnify the Employer against all claims, costs, damages
and proceedings arising from any failure on the part of the Contractor to observe conditions or
regulations imposed by the owners or other competent authorities respecting such use of any
occupation.
E. The Contractor shall not disturb or pull down any hedge, tree, wall or building within the Site or
any other land made available to him for temporary purposes without the written consent of the
Engineer after approval by the Employer.
2. Details Confidential
The Contractor shall treat the Contract and everything contained therein as private and
confidential. In particular, the Contractor shall not publish any information, drawing or photograph
concerning the Works and shall not use the site for the purposes of advertising except with the
written consent of the Engineer and subject to such conditions as he may prescribe.
3. Declaration against Waiver
The condition by the Employer of any breach or breaches by the Contractor, or by an authorized
Sub Contractor, of any of the stipulations and conditions contained in the Contract shall in no way
prejudice or affect or be construed as a waiver of the Employer’s rights, powers and remedies
under the Contract in respect of any other breach or breaches as aforesaid.

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Conditions of Particular Applications (Part – II, Cont'd)

4. Fire Precautions
The Contractor shall conform to the regulations of the Employer and any other controlling authority
in force at the Site of the Works with respect to the precautions to be taken against fire hazards.
Safety Precautions to be as per Dubai Municipality Local Order 61/1991 or any other relevant
orders from any regulatory authorities.
5. Statutory Approvals, Charges and Connections
A. The Contractor shall be responsible for obtaining all approvals necessary for the Municipality,
Government Departments, the Police, local Service Authorities (i.e. Dubai Electricity & Water
Authority, Etisalat, and Civil Defense) as required in the performances of this Contract, and for
coordinating all main Service Connections and arranging timely connection to allow completion of
the works within the Contract Period.
B. The charges for obtaining the building permit shall be borne by the Contractor. But the charges for
obtaining the permanent Service connections, i.e. Dubai Electricity & Water Authority, Dubai
Drainage Department, Etisalat, etc. shall be paid by the owner. However, all charges and
deposits towards the temporary Service Connections required for construction purposes shall be
paid by the Contractor.
6. Shop Drawings
Before submitting shop drawings by specialist sub-contractors, for the approval of the Engineer,
the Contractor shall verify all dimensions, field conditions and check and coordinate the shop
drawings of one trade or section with the requirements of other trades and sections related thereto,
as required for the proper and complete installation of the Works. “The Engineer shall respond to
the following submission types made by the Contractor within the following durations from receipt
of a submission:
a. RFI’S – 3 working days
b. Shop Drawings – 10 working Days.
c. Samples and other Required Submittals – 10 working days”.
7. Nominated Sub Contractors
The Contractor shall coordinate and accept all responsibilities pertaining to the nominated Sub
Contractors whether quality of work, progress on site, legal, contractual or financial. The
Engineer’s nomination of a Sub Contractor shall not absolve the Contractor of any of its
responsibility as mentioned above.
8. General Items
8.1 Samples and Testing
Allow for providing sample of any materials required by the Engineer. Such samples when
approved are to represent the quality of materials used in bulk. Approved samples are to be
retained in a safe accessible position during the duration of the contract and cleared away from
site on completion. The Contractor is also to allow for all costs in testing materials used as part of
the Contract Works.
8.2 Information
The Contractor shall give reasonable advance notice minimum 7day before the start of any
respective work, to the Engineer of all instructions, drawings, details or levels required by him.
8.3 Plant
Allow for providing and transporting of all plant, tools, ladders, machinery, tackle, consumable and
vehicles necessary for the proper execution of the contract works.
8.4 Construction Safety Health and Welfare
A. The Contractor is to comply with all current Construction Safety, Health and Welfare Regulations
including providing First Aid facilities on site to the approval of the Engineer.

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Conditions of Particular Applications (Part – II, Cont'd)

B. The Contractor is to provide a copy of his company safety policy, together with certificates of
competence of operatives, training and certificates of worthiness for all plat machinery and small
tools.
C. The Contractor shall follow all safety procedures and regulations as laid down by Dubai
Municipality for building construction.
D. The Contractor is to provide all equipment or temporary measures, including method statements,
as necessary to provide for safe working conditions.
8.5 Disbursements
Allow for all disbursements arising from the employment of labor.
8.6 Transport
Allow for the cost of transport for work people engaged for the Works.
8.7 Making Good
A. Allow for making good or paying the Local Authority and or Federal Government’s charge for any
damage beyond fair wear and tear to the public approach roads, footpaths, kerbs, grassed and
planted areas, etc. caused by reason of the contract works. The Contractor shall make his
arrangements with the Engineer before any work commences to ensure the extent of his own
responsibility. Allow for making good any damage to the site including all or any features
contained herein whether temporary or permanent, caused by reason of the Contract Works.
B. The contractor shall reinstate the site grades to the original condition as received by him at the
commencement of Contract.
C. Allow for making good any damage to existing buildings and adjoining property caused by reason
of the Contract Works.
D. Allow for making good any damage to existing telephone cables, sewers and drains including main
services in the course of installation caused by reason of the Contract Works. Any existing
services, sewers or drains uncovered during excavations are to be immediately reported to the
Engineer. The Contractor is to allow here for any additional costs in excavating around all
services, sewers and drains etc., met with.
E. Allow for necessary protection of the Contract Works and existing building and adjoining property
and for making good any damage.
8.8 Traffic & Police Regulations
Allow for any additional costs incurred in ascertaining and complying with any police regulations or
restrictions imposed on the Contractor’s access to the site and for clearing away from time to time
or as directed any dirt deposited on the public approach roads, public footpaths and in road gullies
by reason of vehicular traffic in connection with the contract. Allow for and pay all charges in
connection with the above.
8.9 Control of Noise and Pollution
The Contractor is to take particular care to reduce to a minimum disturbance to the public and
adjoining occupiers from noise and/or dust.
The Contractor shall take all reasonable precautions to prevent pollution of any kind arising out of
the execution of the contract work.
8.10 Provision of Maintenance Manuals
The Contractor shall arrange for, assemble, and provide to the Engineer at handover of the
project, two sets maintenance manual each manual comprising a ring binder, A4 size, having a
rigid plastic cover, containing relevant manufacturers printed brochures and a set of “as installed”
drawings on durable materials covering all maintenance matters in connection with the Contract.
The manual shall also contain names and addresses of installation Contractors, including
emergency call out numbers, together with all required guarantees and details of service
departments and where spare parts may be obtained. The manual shall be of approved design
and format and the Contractor is required to agree all details with the Engineer prior to its
assembly.

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Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

8.11 As Built drawings
Upon completion, the Contractor shall provide the Engineer with the following as built drawings
and information:
A. 2 Nos. copies of 1:200 plan detailing all drainage, incoming service mains and external electrical
cabling, where reasonably possible.
B. 2 Nos. copies of 1:50 plan detailing all mechanical and electrical installations in the development.
C. 2 Nos. copies of all other drawings used in the construction process.
D. All Manufacturers’ warranties and operating instruction booklets for passing on to occupants in
addition to the maintenance manuals referred to earlier in the requirements.
E. 1 No. complete set of all documents in and one hard copy and a soft copy including Reproducible
Drawings.
F. The cost of complying with this requirement shall be deemed to be included within the Contract
price.
8.12 Final payment will not be released if items 8.10 and 8.11 not submitted to the
Engineers/Employers approval.
8.13 Site Management
A. The Contractor shall allow for all site management. He shall maintain adequate site organization
under the control of following qualified and experienced staff who are capable of assuming
complete responsibility for a Contract of this nature:-
1. Project Manager - 1 Minimum
2. Construction Manager - 1 Minimum
3. Quantity Surveyor - As required
4. Supervision Team
4.1 Civil Engineers - 1 Minimum
4.2 Materials Engineers - As required
4.3 Planning & Monitoring Engineer - As required
4.4 Services Engineers for Elec., HVAC, - 1 No. min.
4.5 Plumbing & Drainage - 1 No. min.
4.6 Surveyor - 1 No. min.
5. QA/QC Team for
5.1 Site Quality Control - 1 No. min.
5.2 Material / Shop Drawing Submittal - As per Contract Document
6. Safety Officer - 1 No. min
7. Shop Drawing preparation Team consisting of:
7.1 Engineer(s)/Architect - As required
7.2 Draughtsman along with necessary
Computer Equipment / plotters at site. - As required
B. All submittals including the inspection/approval requests should be forwarded to the Engineer after
approval by the Contractor’s QA/QC team.
C. The Contractor should submit the CV(s) of the above mentioned personnel to the Engineer for
approval. All the above personnel should have minimum FIVE years experience in similar size
projects in U.A.E.
D. The Contractor will be responsible for his own setting out including setting levels and lines to the
satisfaction of the Engineer.

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 4

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

8.14 Progress Meetings
A. Allow for attending progress meetings, which shall be held every week. The organization of these
meetings, including notifying all interested parties will be the responsibility of the Engineer.
Minutes will be taken and circulated by the Engineer who will normally chair these meetings. The
meetings will be attended by the Employer or his Representative who must be given sufficient
advance notice.
B. The Contractor shall provide the following in the weekly progress meeting
 Next week Target
 Target achieved on the previous week
 Fortnight schedule
 Status with regards to Clause 14 of "CL"
 Submittal of progress photographs
 MAS and DAS
 Status of Subcontractors agreement and payments
8.15 Storage of Materials
A. The Contractor is to confine his activities and space for storage of plant and materials of his own
and the nominated subcontractor to within the site boundary. Contractor is to note that there is a
very limited storage space available around the building. Contractor must ensure that only the
quantities of material /equipment needed at any given time are brought to the site.
B. Contractor is responsible for providing adequate-sized on site storage facilities for subcontractors,
including for those that are to nominate. Materials are to be stored in an approved tidy manner and
he is to avoid trespass of his work people and those of Sub Contractors on adjoining properties.
8.16 Water for the Works
The Contractor will provide clean water for the Works including arranging connections and
providing and maintaining all necessary temporary plumbing and storage. The Contractor shall
also provide cold drinking water for his own and all Sub-Contractor’s operatives.
8.17 Electricity for the Works
Allow for providing electric power for own use and the subcontractors as well as nominated
subcontractors works at various locations around the site as and when required for the execution
of the works. The Contractor is to produce a temporary works drawing showing electrical
distribution on the site, which must be approved by the Employer and the Engineer. The
Contractor will not be permitted to use any part of the electrical installations or fittings installed
under this Contract for the purposes of temporary lighting and power.
8.18 Watching and Lighting
Allow for watching, lighting and other protection necessary for the protection of the public
generally resulting from the carrying out of the Contract Works.
8.19 Artificial Lighting
The Contractor will provide artificial access and tasks lighting for his own and all Subcontractor
purposes, complete with all necessary temporary meters, wiring, poles and fittings, and afterwards
remove and make good.
8.20 Access to Site
Allow for forming any temporary access to the site and providing and maintaining any additional
temporary roads, hard standings, tracks and ramps required for the proper execution of the
Contract Works and for making good to the approval of the Engineer and damage to the site and
general means of access caused by reason of the Contract Works.

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 5

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

8.21 Storage of Materials

The Contractor is to allow for providing and maintaining suitable temporary weather tight, lockable
sheds and other protection for storage of his and Subcontractor’s/Nominated Subcontractor’s
materials, in particular, timber, plasterboard and heating and electrical equipment are to be
adequately protected and well stored. Protection for materials must be provided on site before
any materials are delivered. Space must also be made available for open air storage of the
Contractor’s and all Subcontractor’s/Nominated Subcontractor’s materials as required.
8.22 Temporary Latrines
The Contractor will provide and maintain approved temporary latrines in positions to be agreed for
use of workmen and staff, including those of Subcontractors. Under no circumstances will the
Contractor’s workmen be permitted to use sanitary fittings installed in the buildings under erection
or those in any existing buildings.
8.23 Setting of Offices, etc.
The setting of all Contractors/Engineer/Employer’s offices sheds and stacks of materials are to be
agreed with the Engineer at the commencement of the Contract.
Facilities for Engineer/Employer and his Representatives (For site)(Subject to change)
A. The Contractor shall provide and maintain the Engineer and Employer and his site staff’s offices.
All facilities provided for the Engineer and /or Employer's staff shall be provided upon issuance the
order to commence of works and shall remain available until the end of the defects liability period
or until such earlier time as the Engineer may instruct. The offices for the Engineer and his staff
shall include new portable cabins, fully furnished as per the minimum details below:
1. Client Representative - 1 Block (1 room of 16m² + services)
2. Project Manager and - 1 Block (1 room each of 16 m²
Resident Engineer Secretary + services each)
3. Secretary - 1 room of 10 m² with filing cabinets/racks
4. Project Engineers and MEP Engr. - 1 Room size of 16 M² (each)
5. Site Inspectors - 1 Rooms each of 16 M²
6. Sample room - 1 room of 20M²
7. Conference Room - Size for 12 people min.
8. Toilets and washrooms
9. Pantry to be provided with all provisions
B. Engineer and his staff shall be provided with an office desk, a swivel chair, two visitor’s chairs, a
telephone and full and three numbers of complete Computer System each with licensed software
like Windows XP or Windows 7. The Computer System specification as below:
 Intel Pro Core 2 duo
 4GB RAM, 300GB HDD
 Dedicated display card with 512MB memory
 DVD rewriter, Symantec/ McAfee antivirus with internet protection & live update up to project
completion, MS office/AutoCAD2009 or 2010
 High speed internet (ADSL - Etisalat Business one / Wireless Internet - Etisalat 3.5G USB
Modem with minimum 512 mbps or above) and other software as required. All the software
shall be licensed.
C. A laptop with latest configuration with all required relevant softwares including MS Office,
AutoCAD, Adobe reader/writer etc.

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 6

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

D. Each room shall have air-conditioning unit, window with Venetian blinds, filing cabinet, stands with
hangers for drawings, pinup boards for display of drawings, electric power outlets, etc.
E. Conference room shall have suitable table, chairs, white board etc.
F. Toilet and washrooms shall have complete sanitary fixtures, hot and cold water supply. Toilet and
wash rooms shall be properly maintained at all times replenishing the usable.
G. One fax machine, photocopier, scanner, sample racks, digital camera with minimum 10 MP with 8
GB flash memory and fire extinguishers.
H. Pantry shall have refrigerator, hotplate / gas stove, hot and cold refreshments as required.
I. One full time Secretary and office boy each for the whole use of Employer, Engineer and his staff.
J. If the office room for the Resident Engineer is only 16 m2; the Secretary room shall be of minimum
10 m2 and shall be facilitated with filing cabinets/racks.
K. Provision of stationery for site offices as and when required.
L. Engineer and his staff’s telephones shall have facility to access UAE (only). All call charges and
equipment rentals shall be borne by the Contractor including Al Shamil / high speed internet
connection.
M. The Contractor shall provide covered car ports complete with hard standings and all necessary
adjoining walk ways shall be provided for a minimum of five vehicles exclusively for
Engineer/Employer’s staff.
8.24 Rates
The Contractor is to allow for paying all charges imposed by the Local Authority or Federal
Government on his own site establishment. The contractor will not be entitled for any overheads,
profits, etc. for the payments to be paid to the local authorities.
8.25 Temporary Fences and Hoarding
Allow for supply, install and maintain temporary fencing, hoarding, fans, planked footways, guard-
rails, gantries and the like as may be necessary for protecting the public and for maintaining the
security of the site to permit the proper execution of the contract works and for meeting the
requirements of the Local Authority
8.26 Scaffolding
Allow for all temporary external and internal scaffolding, including any temporary platforms, etc.
required for the Contract Works. The Contractor should allow for the use of his external scaffolding
by his Subcontractors as required. The Contractor shall be responsible for all safety precautions in
connection with scaffolding.
8.27 Telephones
Allow for paying all call charges for all local (UAE) telephone calls made by the Employer and the
Engineer; and all telephones calls made by the Contractors or his operatives.
8.28 Sign Boards
Allow for providing a sign board as per drawing, over and above what is existing at site. No other
signs or advertisements will be allowed without the written approval of the Engineer.
8.29 Protection
Allow for casing up and protecting as required or as directed all work liable to damage during the
progress of the contract from whatever cause including protecting same from damage by
inclement weather and for reinstating any work so damaged at the Contractor’s expense.
8.30 Builders Work in connection
The Contractor is to include for all sundry builder’s work in connection with Nominated
Subcontractors, such as cutting holes for pipes and cables, drilling the structure, making good the
structure, fire stopping, pipe sleeves ad other similar sundry items. Any such work not
satisfactorily carried out will be carried out by others and the cost deducted from the Contractor’s
payments.

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 7

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

8.31 Cart away rubbish

A. Allow for removal from site and disposal at an approved Municipal dump of all rubbish and debris
resulting from the Contract Works and for leaving the site and work clean and tidy on completion.
Rubbish is not allowed to accumulate and all rubbish, debris and surplus materials are to be
removed from the works daily.
B. Nothing whatever must be buried in the ground. All surplus materials and that resulting from
defective contract work are to be removed at the Contractor’s expense.
8.32 Off loading and Moving Materials
The Contractor is to make all allowances as required including carnages for off loading his own
materials and Corporation supplied equipment, transporting to storage area and loading out to the
appropriate working areas. All packaging, pallets and containers provided by the contractor or his
suppliers are to be removed or returned at the Contractor’s expense.
8.33 Cleaning
Allow for cleaning by a professional cleaning company and leave all areas perfect after the
completion of the Contract Works to the satisfaction of the Engineer.
8.34 Setting Out
The Contractor shall be responsible for his own setting out and for providing basic setting out
points and datum levels on the site for use by others.
8.35 Welfare Facilities
The Contractor shall provide all welfare facilities required for use by his own operatives together
with general facilities for use by Subcontractors.
8.36 Compliance and Regulations
The Contractor shall comply with current Construction Safety Health and Welfare Regulations, and
also the statutory and Employer’s Regulations for prevention of fire on construction sites.
8.37 Report
A. The Contractor shall submit to the Engineer not later than the first week of every month and bi-
weekly if required, a Progress Report’ for the previous month in a form approved by the Engineer.
Such report shall include the following information but not limited to :-
B. Works report covering progress on each main part of the works including dates and principal
operations, together with sub-contract work and outputs of main production centers.
C. General report, including weather records, summaries of staff, labour and constructional plant
employed on site with dates of arrival and departure and summaries of principal materials and
manufactured items placed on order and delivered to site.
D. Updated revisions of the Works Programme to show progress during the month and cumulative
progress to date.
E. The Contractor shall provide 10cm x 15cm glossy colour prints of photographs mounted on linen
board or equivalent standard photographic mounting board with 2.54cm wide hinge and binding
band at left.
8.38 Dewatering (As required)
The main Contractor shall coordinate with the Dewatering Contractor to ensure dry conditions in
site and shall refer to page 15/16, Clause 7.4 of the Soil Report. The Contractor shall also
coordinate his work with that of Shoring Contractor, Sub contractors/Nominated subcontractors to
ensure proper and seamless taking over of all work including test results and inspection reports,
etc., and duly approved by the Engineer.
8.39 Materials Approval
A. Within 21 days of being awarded the Contract and before any orders are placed, the Contractor
shall submit for the approval of the Engineer, Materials Approval Schedule (MAS) which includes
list of names and addresses of manufacturers, the trade marks and type of all materials, approval
date required, etc. he proposed to use according to the Contract.

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 8

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Part. Conditions of Contract

Conditions of Particular Applications (Part – II, Cont'd)

B. He shall also submit Drawing Approval Schedule (DAS) detailing the schedule of drawings for
each trade with date of approval required, etc.
C. Samples of materials shall be provided as required by the Engineer. The Engineer requires
minimum three weeks for the approval of material/shop drawings from the date of submission.
8.40 Boycott of Israel
The Contractor shall observe the requirements of all laws, by-laws and orders relating to the Arab
Boycott of Israel
8.41 Bribery
Any commission, advantage, gift, gratuity, reward or bribe given, promised or offered by or on
behalf of the Contractor or his agent or servant or any other person on his or their behalf to any
officer, servant representative, or agent of the Employer or the Engineer or to any person on their
behalf or on behalf 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 cancellation.
8.42 English Language : As mentioned in Clause 5.1 of Supplementary conditions (Part III)
8.43 Special Conditions relating to Securing ‘No Objection Certificate’
The successful Contractor will be required to accept the penalties for damages to cables / property
as per the current penalty regulations issued by the relevant authorities in Dubai.
8.44 The Employer has the right to delete any item from the contract and substitute the same by
nominating a subcontractor in lieu thereof. The amount due for that item shall be deducted in
whole or in part as indicated in the Schedule of Rates/BOQ. "No payment will be paid to the
contractor for the items deleted".
8.45 The Contractor is to co-ordinate with other contractor such as Excavation, Dewatering and others
to progress the site work promptly and accordingly the work programme schedule to be prepared
and submitted to the Engineers approval.
8.46 The Contractor has to generate detailed drawings for the purpose of obtaining permit from DM or
other regulatory authorities, as applicable, within 3 days from the date of signing the contract.
Such drawings to be submitted to the Engineer who shall approve it within 14 days from the date
of submission.
8.47 NOC's Renewal:
The renewal of all NOC's will be contractor's responsibility after hand-over the project to the
contractor with valid NOC's.
8.48 Summary of Thermal Load Calculation:
If any changes in DM approved A/C selection or A/C electrical load, main contractor or A/C sub-
contractor has to do the calculation as per DM requirements and format and submit to the
engineer for DM submission/approval. Otherwise the engineer will do the calculation on
contractor/sub-contractor cost.
8.49 External Envelope Insulation Approved System:
Contractor/sub-contractor has to prepare all necessary documents, reports, details, calculation,
samples, etc. as per DM requirements and formats which has to be submitted to the engineer for
DM submission/approval.

END OF “CONDITIONS OF PARTICULAR APPLICATIONS (PART – II)"

Mr. Fayes Saeed Mohamed Ibbini Page No. CL/ 9

 PART - III

GENERAL CONDITIONS OF CONTRACT

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai General Conditions of Contract

PART 1: GENERAL CONDITIONS

The “Conditions of Contract” applicable between the employer and the contractor is the Conditions of
Contract (International) for Works of Civil Engineering Construction (Fourth Edition - 1987 and re-printed in
1992 with further amendments) prepared by the Federation Internationale Des Ingenieures – Conseils
(FIDIC) in witness of the Engineer but amended by the Employer and further supplemented by Part II –
Conditions of Particular Applications and Part III – Supplementary Conditions more particularly defined in
sections 'CL' and ‘SC’ hereof.

End of General Conditions of Contract (Part – I)

Mr. Fayes Saeed Mohamed Ibbini Page No. GC/ 1

.

FORM OF TENDER
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Form of Tender

FORM OF TENDER

To : Mr. Fayes Saeed Mohamed Ibbini

P.O Box , Abu Dhabi, U.A.E.

Dear Sir,
Project: Construction, Completion and One year free Maintenance during defects liability period
of (G+2) Flex Residential Lots on Plot No. JVC13QFRP001 at Jumeirah Village,
Dubai, UAE.
1. Having examined the Instruction to Tenderers, General Conditions, Form of Agreement,
Conditions of Contract, Specifications, Schedule of Rates/BOQ and Drawings and other
documents covered by the Table of Contents for the above named works, we, the undersigned,
hereby offer to construct, complete such works and remedy any defects therein in strict conformity
with the said Conditions of Contract, documents, Specification and Drawings, and Schedule of
Rates/BOQ for a lump sum amount of Dhs. ……………………………………..

(U.A.E. Dirhams………………………………………………………………………….)

or such other sum as may be ascertained in accordance with the said conditions. The above
“Lump Sum” amount is deemed to cover all the requirements set out in the contract documents
described in this clause of the form of tender and very thing that is necessary to properly execute
complete and maintain the above named works.

2. We acknowledge receipt of the addenda / circulars issued by the Engineer during the time of
tendering and confirm that we have taken them into account in our Tender.

3. We have priced the Schedule of Rates/BOQ in detail and return them with this Tender together
with all the particulars and other information required by the Conditions of Tender and other
Tender Documents. We hereby declare without reservation whatsoever that we are ready and
have the capacity and resources to fully execute the works in conformity with the documents refer
to Clause 1, having understood the meaning and the scope of all such documents precisely/clearly
and having considered them as one individual set of obligations under the Conditions of Contract,
Conditions of Particular Application and Supplementary Conditions as mutually complementary
and explanatory and having properly evaluated for ourselves and at our entire responsibility, the
nature, the difficulties and risks in connection with the said works.

4. We undertake, if this Tender is accepted, to commence the Works within 7 days of receipt of the
Engineer’s order to commence and if our tender is accepted to complete the whole of the Works
comprised of the contract within the time stated in the appendix to form of tender. These periods
include all Fridays, Public Holidays and other non working days including any occurring due to
inclement weather and shortened working hours during the Holy month of Ramadan.

5. We acknowledge that the appendix forms part of our Tender. We agree to fully abide by the terms
and requirements of the Appendix to the Form of Tender as attached hereto.

6. If this Tender is accepted we agree to provide a Performance Bond for a sum equivalent to ten
percent of the total contract price for the due performance of the Contract under the terms of
Clause 10 of the Conditions of Contract.

7. We agree to abide by this Tender for a period of 120 days from the last date of submission of
tenders and it shall remain binding upon us and may be accepted at any time before the expiration
of that period.

Mr. Fayes Saeed Mohamed Ibbini Page No. D/ 1

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Form of Tender

8. We undertake in the event of this Tender being accepted to execute an Agreement in the form
annexed hereto. Unless and until such an Agreement is executed, our Tender, together with your
Letter of acceptance/Intent thereof, shall constitute a binding Contract between us.

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

10. We the undersigned confirm that we have visited the site of the works and its surroundings and
those we have examined all documents necessary for the performance of this Contract.

11. We the undersigned confirm that we have satisfied ourselves as to the correctness and accuracy
of all the information and that our fee covers the cost of complying with all the consultants
obligations under the terms and Conditions of Contract

12. We agree that the Defects Liability Period is 365 days.

13. We agree that the maintenance period is 365 days.

14. If our tender is accepted we shall obtain the insurances as required by the tender, before
commencing the Works.

Signature: ………………………………………

Signed by: ……………………………………………………….

in the capacity of …………………………………………………………, for and on behalf of

……………………………………………………………., duly authorized to sign tenders.

Company Name & Address: ……………………………………………………………………….

P.O. Box: ……………….

Date: …………………….

Signature of witness: ……………………………………

Name: ……………………………………………………….

Address: ……………………………………………………………………………………..

Date: …………………………………

End of "Form of Tender"

Mr. Fayes Saeed Mohamed Ibbini Page No. D/ 2

APPENDIX TO "FORM OF TENDER"
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Appendix Form of Tender

APPENDIX TO FORM OF TENDER

Clause
Amount of Performance Bond 10.1 10% of Contract value against bank guarantee
Minimum Amount of Third Party
23.1 As per UAE Laws
Insurance
From the date of approval of drawings
Commencement date 41.1
or Demarcation date whichever is later
Mobilization Period 30 days from the date of Commencement
Time for Completion including
43.1 14 months
Mobilization
Dhs. 10,000/- per day for the Employer
Liquidated damages for delay 47.1 and Dhs. 3,500/- per day for the Engineer.
(Limited to 10 % of Contract Value)

Defects Liability Period 49.1 365 days

Maintenance of Project including MEP

49.1 365 days
works

Period of Interim Certificates 60.1 Monthly

Minimum amount of Interim Certificates 60.2 As per the progress of work

10 % of the Contract Value (10% retained from

Percentage of Retention 60.2 (a)
each interim payment certificates)

5% upon the completion and handover

5% upon issue of Defects Liability Completion
Payment of Retention Money 60.3
Certificate or against Bank Guarantee valid until
issue of Defects Liability Certificate
Time within which payments are to be
certified after payment applications are 60.1 (a) 15 days
received by Engineer
Time within which payments are to be
made after Engineer's certificates are 60.1(b) 15 days
received by Employer
Maximum allowed overhead and Profit for
additional works that would be carried 10%
out by nominated sub contractor
Maximum allowed overhead and Profit for
additional works that would be carried 5%
out by main contractor

Advance payment 10% of Contract Value Against Bank Guarantee

Contractor address for service of notices

PO Box , , U.A.E.
Mr. Fayes Saeed Mohamed Ibbini
Employer address for service of Notices
PO Box , Abu Dhabi, U.A.E.
Consultant address for services of Al Ajmi Engg. Consultants
Notices PO Box 14115, Dubai. U.A.E.
Initials of Signatory to Tender

Appendix to "Form of Tender" (Cont'd)

Mr. Fayes Saeed Mohamed Ibbini Page No. D/ 3

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Appendix Form of Tender

Care and Diligence by the Contractor (Guarantees)

1. Concrete works 10yrs

2. Post tensioning works 10yrs
3. Waterproofing works 10yrs
4. Anti termite treatment 20yrs
5. Internal Paint 3yrs
6. External Paint 5yrs
7. Carpentry works 2yrs
8. Hardware for Joinery works 5yrs+Certificate of Origin
9. Stainless steel works 10yrs
10. Garbage Chute 1yr
11. Mixers 5yrs+Certificate of origin
12. Piling works As per regulations
13. Shoring works 1 yr
14. Lifts 1yr
15. Swimming Pool 1yr
16. Aluminium works 1yr
17. Glass 10yrs+Certificate of origin
18. Aluminium Accessories 5yrs
19. Aluminium Sections 5yrs
20. Door Closer 5yrs
21 Silicon 10yrs
22. Rubber 15yrs
23. Powder Coating 10yrs
24. Aluminium Cladding 15yrs
25. A/C Compressors 5 Years
26. Pumps 2 Years
27. Water tanks 5 Years
28. Water Heaters 2 Years
29. Surface traffic coating in Basements 5 Years
30. All other elements of the works 1 Year (Unless otherwise mentioned)

End of "Appendix to Form of Tender"

Mr. Fayes Saeed Mohamed Ibbini Page No. D/ 4

FORM OF CONFIRMATION OF SITE VISIT
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Confirmation of Site Visit

CONFIRMATION OF SITE VISIT

We hereby confirm having visited and examined the site Plot No. JVC13QFRP001 at Jumeirah Village,
Dubai, UAE) and its surroundings on our behalf by a competent and reliable person and have taken into
account in the preparation of our tender all the requisite information prevailing at site.

Signed by : ……………………………………………..

In the capacity of : ……………………………………………..

On behalf of : ……………………………………………..

Name : ……………………………………………..

Date : ……………………………………………..

End of Confirmation of Site Visit

Mr. Fayes Saeed Mohamed Ibbini Page No. E/1

FORM OF BANK GUARANTEE FOR ADVANCE
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Form of BG for Advance

FORM OF BANK GUARANTEE FOR ADVANCE

Date:

Mr. Fayes Saeed Mohamed Ibbini

P O Box , Abu Dhabi, U.A.E.

Dear Sir,

Subject: Our Bank Guarantee No.……………………………… for Dhs. ……………………………………

Contract: ………………………………………………………………………………………………………………

As Messrs …………………………………………………………………………………… (hereinafter called

“The Contractor”) have described that they been awarded a contract for the Construction, Completion and
Maintenance of (G+2) Flex Residential Lots Building on Plot No. JVC13QFRP001 at Jumeirah Village,
Dubai, UAE, with a contract price of Dhs .…………………………………….…
(UAE. Dirhams …..…………………………………………………………………….. ) and in consideration of
Mr……………………………………………………, P.O. Box ……….., Dubai making an Advance Payment of
Dhs …………………………….UAE. Dirhams ………………………………………………………………….) to
the Contractor, we hereby undertake to hold at your disposal the sum of Dhs ……………………………..
(UAE. Dirhams …………………………………………………………………………. as a Bank Guarantee.
This guarantee shall be free of interest and payable in cash on your first demand in the manner ordered,
without the Contractor or any person on his behalf or ourselves having the right to suspend or delay
payment or to object thereto for any reason whatsoever.

It is understood that our liability towards you will be progressively reduced by the amounts repaid to you by
the Contractor as contained in the certificates and payments against the said advance payment.

This guarantee shall remain valid until Mr. ……………………………….. receives full repayment of the
advance payment amount from the Contractor.

Authorized Signature: Seal, Name, Address etc.

End of Form of Bank Guarantee for Advance

Mr. Fayes Saeed Mohamed Ibbini Page No. F/ 1

FORM OF PERFORMANCE BOND
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Form of Performance Bond

FORM OF PERFORMANCE BOND

To : Mr. Fayes Saeed Mohamed Ibbini,

P.O. Box , Abu Dhabi, U.A.E.

Dear Sirs,

Sub: Performance Bond No.………………………for Dhs…………………………………

Contract………………………………………………………………….

As Messrs………………………….[hereinafter called ‘the Contractor’] …………… have described that their

Tender for the construction of the above named works has been accepted, we hereby undertake to hold at
your disposal the sum of Dhs. …………………... (UAE. Dirhams……………………………), …………..…%
of the Contract Price, as a Performance Security. This Security shall be free of interest and payable in
cash on your first demand in the manner ordered, without the Contractor or any person on his behalf or
ourselves having the right to suspend or delay payment or to object thereto for any reason whatsoever.
This Security is valid until the Contractor has executed and completed the Works and remedied any
defects therein in accordance with the Contract and shall, before expiry, be automatically renewed until a
Defects Liability Certificate has been issued or until advised by you that the contract has been fulfilled. No
claim shall be made against the Security after the issue of the Defects Liability Certificate.
Any payment by us hereunder shall be freely transferable UAE Dirhams free and clear of and without any
deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees,
deductions or withholding of any nature whatsoever and by whomsoever imposed.
Our obligation hereunder constitute direct primary irrevocable and unconditional obligations, shall not
require any previous notice to or claim against the Tenderer, and shall not be discharged or otherwise
prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the
Tenderer, any amendment, modification or extension which may be made to the Form of Tender or the
Contract or the work to be performed there under, any intermediate payment or other satisfaction made by
us, any change in the constitution or organization of the Tenderer, or any other matter or thing which in the
absence of this provision would or might have that effect except a discharge or amendment expressly
made or agreed to by you in writing.
This Bond shall be governed and construed in accordance with the laws of Dubai.

Yours faithfully,

Authorized Signatory Authorized Signatory

End of Form of Performance Bond

Mr. Fayes Saeed Mohamed Ibbini Page No. G/ 1

FORM OF AGREEMENT
(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

FORM OF AGREEMENT

Project: CONSTRUCTION, COMPLETION AND MAINTENANCE OF (G+2) Flex Residential

Lots on plot JVC13QFRP001 at Jumeirah Village, Dubai, UAE.

This Agreement made on the ………… day of ………………, 2013 between:

Mr. Fayes Saeed Mohamed Ibbini, P.O Box , Abu Dhabi, U.A.E.
(Herein after called “The Employer” of the one part) and

M/s. ……………………………………………………, of P.O. Box ………………., ………………., UAE.

(Herein after called “The Contractor” of the other part)
Whereas the employer is desirous that certain works should be executed by the Contractor namely
CONSTRUCTION, COMPLETION AND MAINTENANCE OF (G+2) Flex Residential Lots on plot
JVC13QFRP001 at Jumeirah Village, Dubai, UAE, and has accepted a Tender by the Contractor for the
execution, completion, maintenance and remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH as follows:

1. The Employer will pay to the Contractor a sum of UAE Dhs. .…………………………………/-
(DIRHAMS ……………………………………………………………………………………… ONLY)
Hereinafter referred to as “The Contract Price” or such other sum as may become payable
under the Contract in consideration for the execution and completion of the Works and the
remedying of defects therein.

2. In this agreement, works and expressions shall have the same meaning as are respectively
assigned to them in the conditions of contract herein after referred to.

3. The following documents in the order of precedence shall be deemed to form and be read and
construed as part of this Agreement viz.:

3.1 Form of Agreement

3.2 Letter of Acceptance
3.3 Contractor's Offer
3.4 Form of Tender
3.5 Appendix to Form of Tender
3.6 Form of Tender Bond
3.7 Form of Performance Guarantee
3.8 Supplementary Conditions (Part - III)
3.9 Particular Conditions of Contracts (Part - II)
3.10 General Conditions of Contract (Part - I)
3.11 The Specifications (Part - I & Part - II)
3.12 The Drawings
3.13 The Schedule of Rates/BOQ
3.14 Notices/Addendums/Clarifications
3.15 Any other letters and annexure
4. In consideration of the payments to be made by the Employer to the Contractor as herein after
mentioned, the Contractor here by covenants with the Employer to construct, complete the
Works and remedy any defects therein in conformity in all respects with the provisions of the
Contract.

Mr. Fayes Saeed Mohamed Ibbini Page No. H/1

(G+2) Flex Residential Lots Main Contract
Plot No. JVC13QFRP001 Tender Document
Jumeirah Village, Dubai Conditions of Contract

5. The employer hereby covenants to pay the contractor in consideration of the construction,
completion and maintenance of the works the fixed Lump Sum Contract Price or such other
sum as may become payable under the Provisions of Contract at the times and in the manner
prescribed by the contract.

6. According to the Tender documents, the contractual completion period is 14 months including
Mobilization period, final testing and commissioning.

In Witness whereof the parties append their signatures hereto have caused this Agreement to be
executed the day and year first before written in accordance with their respective laws.

THE EMPLOYER THE CONTRACTOR

SIGNED BY: SINGED BY:

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

DULY AUTHORISED TO SIGN THIS CONTRACT DULY AUTHORISED TO SIGN THIS CONTRACT
ON BEHALF OF ON BEHALF OF
Mr. Fayes Saeed Mohamed Ibbini, M/s.…..………………………………………..,
P.O Box , Abu Dhabi, U.A.E. P.O. BOX ……………, ………………, U.A.E.

IN THE PRESENCE OF

…………………………………………………………………..……

(M/S. AL AJMI ENGINEERING CONSULTANTS

PO BOX 14115, DUBAI, UAE)

End of Form of Agreement

Mr. Fayes Saeed Mohamed Ibbini Page No. H/2