instructions to tenderers instructions - construction of warehouses 10-3-15

RAKIA AL Bonian AL HAMRA NON FREE ZONE RAK Investment Authority Consultant Engineers WAREHOUSES

Volume 1 Instructions to Tenderers and Tender Conditions of Contract Page 1 of 56

Section 1

Instructions to Tenderers



Instructions to Tenders

1 General

RAK Investment Authority, (the Employer) invites tenders on a re-measurable for the

(Al Hamra Non Free Zone Warehouses), located in Al Hamra, Ras Al Khaimah, UAE.

2 The Contractor should carefully read all parts of the Tender Documents. Within five (5) working days of the date of the Letter of Invitation, the Contractor shall

acknowledge in writing receipt of this Tender and informing the Client of its intention to provide/submit a Proposal. The acknowledgment shall be in the format prescribed (by email and original to procurement) in (Section 2.10) and shall be submitted as directed in this tender and in the Letter of Invitation.

The Contractor shall submit a Proposal in two (2) external sealed envelopes Technical /

Commercial clearly marked, containing the detailed breakdown for each item/task with unit rates and best possible discount

The Proposal submission shall also prominently display the following message: PROPOSAL FOR Al Hamra Non Free Zone Warehouses. The name of the Contractor should not appear on the envelope, nor should it be visible through the envelope. The foresaid envelop should be sealed with Red Wax.

The Proposal must be signed legibly by the Contractor or its duly authorized representative so

that there can be no doubt as to words and figures; in following the instructions and in using the model forms in the specifications.

The external sealed envelope has to be submitted to: RAK Investment Authority ATTN: Procurement Department. RAKIA Building, 5th Floor Ras Al Khaimah- UAE

The Contractor is required to submit a Proposal that is in accordance with these Tender documents and in the manner and form prescribed in Section 2.4 of this Tender document.

The Contractor is required to submit all the information detailed in Section 2.4 of Tender document, as these shall constitute key parts of the Proposal. Note that marketing materials will not serve as substitutes for specific responses to information requested however, such marketing materials may be enclosed with the Proposal to serve as information only for the benefit of the Client.



Any questions/queries relating to this Tender document shall be submitted in writing, with a PDF version sent electronically (preferred) or by fax and be raised directly with the Purchase Department to:

Name Mr.Shaker Mrayhi Procurement Manager Email: [email protected]

Any questions/queries relating to this Tender document shall be made within fifteen (15) days

from receipt of this Tender document. No questions/queries shall be entertained after the lapsed of this period.

Answers to technical queries shall be circulated as necessary. In no circumstances should the

substance of this Tender document be discussed with any other member of the Client without the specific written consent of the authorized contact mentioned above.

It is the Contractors responsibility to ensure that a full appreciation, understanding and comprehension of the services required, stated or implied in the Tender document which has been fully understand and agreed prior to the Contractor submitting a response to the Tender document No claims will be accepted for any items or issues that arise from the Contractors failure to do or meet these exercises.

It is understood and agreed by the Contractor that this Tender document is not an offer to enter into an agreement with the Client or any party, but rather a request to receive proposals from companies interested in providing the Scope of Services. Such proposals shall be considered and treated by the Client as offers to enter into an agreement. The Client at its sole discretion may reject all proposals, in whole or in part, and / or enter into negotiations with any party to provide such services and without stating any reason.

The Contractor shall submit all information to RAKIA, and RAKIA will carry out due diligence on the said information as well as on the Contractor.

The Client shall not be obligated to disclose anything about the successful Proposal but may at it sole discretion endeavor to provide feedback, (if it is possible), to unsuccessful Contractor /firms.

Your Proposal shall remain valid for One Hundred Twenty (120) days from the Tender document return date.



The Contractor shall submit the best and final proposal before the submission date. The submitted proposal shall be final and no modification or withdrawal shall be allowed.

During the course of the Tender process, it may become necessary to create an addendum to the

Tender document documents in the form of clarifications of instructions, additional questions for bidders, answers to questions, and/or other considerations. The Client may request the Contractor for additional information, discussions or presentations to support the Contractors Proposal. Additionally, the Client may conduct a survey on the Contractor or inquire from third parties to confirm or clarify any information provided, and / or to collect more evidence of managerial, financial, and technical capabilities.

The Client shall inform the Successful Contractor about the Tender process/tender result within five (5) days from the opening of the Proposal.

Within five (5) days from the issuance of Letter of Award, the Successful Contractor shall be required to enter into a Contract Agreement with the Client under the terms of the Standard Form of Contract Agreement contained in this Tender document.

The Contract Agreement as per Appendix C5 shall not be subject to negotiation or amendment and only subject to reasonable comments raised by the Contractor in its proposal. Together with the Proposal, the Contractor must submit details of any proposed limit (in whatever form) on their liability under the Consultancy Agreement. If no limitation of liability is submitted, the Contractor will be prohibited from introducing any limitation of its liability at a later stage. Any stated limitation of liability in the Contractors proposal may influence the Client's selection and will be considered accordingly at the evaluation stage.

The ownership of the intellectual property rights created produced or assembled by the Contractor in relation to the Services and Project shall belong to the Client.

Notwithstanding the issuance of this Tender document to the Contractor, the Client has the right to withdraw this Tender and/or cancel the Project at any given time.

The laws of United Arab Emirates as applied in Ras Al-Khaimah shall govern this Tender document and any dispute arising out of or in connection with these tender documents shall be under the exclusive jurisdiction of the competent courts of Ras Al-Khaimah.

1.1 Contact Details

Any communication related to this Tender document must be made in writing to the person named/identified in and in the manner stated in Section 2.1 (General Instruction).



1.2 Submission Date The Contractor shall submit its proposal to the address and by the date and time stated in the Letter of Invitation. No Proposals shall be accepted by the Client after the lapsed of the date and time stated in the Letter of Invitation.

Scope of Works

The scope of works shall include Warehouses building, Mep services Earthworks pavement, road works, traffic signs , road markings ,Landscaping and Boundary wall .

3 Location of Site

The Site is located in Jazeera AL Hamra, Ras Al Khaimah, UAE

4 Title of the Works

Al Hamra Non Free Zone Warehouses AL Hamra, Ras Al Khaimah, UAE



5 Tender Documents

Two (2) TWO Sets Technical and commercial sets of the following Tender Documents is issued to each Tenderer for the express purposes of preparing and submitting a Tender in strict accordance with these instructions.

a. Invitation to Tender Letter b. Instructions to Tenderers c. Form of Agreement d. Form of Performance Security e. Conditions of Contract f. Form of Tender and Appendix to Form of Tender g. Form of Tender Security h. Form of Advance Payment Guarantee i. Stamped Specifications j. Stamped Drawings k. Stamped Pricing Documents l. Additional Documents as Attachments

6 Details to be Confidential

All Tenderers and other recipients of the documents (whether or not they submit a Tender) shall treat all details of the documents as private and confidential.

7 Acceptance or Rejection of Tenders

The Employer does not bind itself to accept the lowest or any Tender, and will not assign any reason for the acceptance or rejection of any Tender.

8 Visiting the Site and Examining Documents

The Tenderer may inspect and examine the Site and its surroundings before submitting its tender as to the nature/condition of the ground and sub-soil, the nature/condition of the Site, the quantities and nature of its work and materials necessary for the completion of the works as per the scope of works and the means of access to the Site, the accommodation it may require. In general, the Tenderer shall obtain all necessary information (subject as above mentioned) as to risks, contingencies and other circumstances which may influence or affect its Tender. Tenderer shall request permission in writing to visit the Site from Employer at least forty eight (48) hours in advance of intent to inspect Site. Tenderer shall be escorted by Employer's personnel during visit. Visits shall only be performed during Employer's normal working hours. Employer's escort shall not be authorized to answer any verbal questions regarding the Tender documents as indicated under Clause 8 hereof. Before tendering, the Tenderer must study and examine the Tender documents, to ensure that it has received all the Tender information by checking the drawings listed in the Tender/Contract Documents with the index page. All costs and charges in connection with the above mentioned visit and Tender shall be borne by the Tenderer only.



9 Indemnity to Employer

Tenderers or any of their respective employees or agents will be granted permission by the Employer to enter upon its premises for the purposes of inspection in connection with the proposed Tender, provided that Tenderers shall release and indemnify the Employer and its employees and agents from and against all liabilities in connection with the exercise of such permission and shall be responsible for death, personal injury and damages sustained/incurred while inspecting the premises.

10 Material, Labor, etc.

Tenderers must inquire and make themselves fully aware of the sources of supply, the sufficiency of and the means of obtaining and transporting all materials, labor, fuel and other things required for or in connection with the Works and they must consider all other matters and possible contingencies affecting the execution and completion of the Works. Tenderers shall properly observe all applicable laws and government regulations/guidelines for the execution and completion of the Works.

11 Construction Work Yards, etc.

The Tenderer must examine and consider the site and its surrounds, also of the nature/condition of existing buildings and land in the vicinity of the proposed Works, the nature/condition of the existing roads or other means of communication, the access to and egress from the site and Works, the available accommodation for temporary purposes (with or without the site), the buildings that may be required for temporary purposes, and must make its own enquiries as to work yards, site and such other additional areas as it may require for temporary occupation for the execution and completion of the Works in conformity with the Contract Documents.

12 Neglect to Obtain Reliable Information

Any neglect or failure on the part of the Tenderers to obtain reliable information at the Site or elsewhere upon the foregoing or any other matters affecting the execution and completion of the Works and the Contract shall not relieve the Tenderers from any risks or liabilities or from the responsibility of completing and handing over the Works all as defined in the Contract.

13 Interpretation

Should there be any doubt or obscurity as to the meaning of any of the Tender Documents, or as to anything to be done or not to be done by the Contractor, or as to these instructions or as to any other matters, Tenderers must set forth in writing such doubt or obscurity and submit the same as defined in the Invitation to Tender not later than five (5) days before the date fixed for the delivery of the Tenders. If the Tenderer requires clarification or interpretation in the final five (5) days before Tender submission date then it shall when submitting its Tender set out in a covering letter the interpretation on which its Tender has been based on. No claim from Tenderers for an extension of time set for submitting Tenders will be entertained on the grounds of any procedure in connection with interpretation of the Tender Documents.



14 Information Supplied Not Binding

Neither the Employer nor the Engineer nor any of their respective employees has any authority to make any representation or to give any explanation to Tenderers as to the meaning of the Tender Documents, or as to anything to be done or not to be done by the Contractor, whose Tender is accepted, or as to these instructions; or as to any other matter or thing so as to bind the Employer or bind and fetter the decision or discretion of the Engineer or the Engineer's Representative in the exercise of their powers and duties under the Contract, except in so far as the Engineer may issue a formal Circular Letter to all Tenderers, amending or explaining the Tender Documents, to be incorporated in to the Formal Agreement when the Contract is signed. No claim for an increase in any of the rates or prices shown in the Schedule of Works or price to be determined in accordance with the Conditions of Contract shall be entertained, nor shall the Contractor whose Tender is accepted be entitled to pursue any claim on the grounds of any representation or on the grounds that they were supplied with information or given any promise or guarantee by the Employer or the Engineer or their employees or by any other person.

15 Circular Letter(s) to Tenderers

At any time prior to the date fixed for the delivery of the Tenders the Engineer, acting on behalf of the Employer, may issue Circular Letter(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.

16 Basis of Tender

This Tender shall be on the basis of a Re-measure as per the site condition and the Employer has the right to omit or add any quantities to the original quantities of the tender/contract B.O.Q. within 25% without any changing of the rate from the contractor.

17 Expenses of Tender

The Employer shall not be responsible for, nor pay any expenses that may be incurred by any Tenderer in the preparation and submission of its Tender.

18 Pricing of Document

The quantities in the BOQ are indicative quantities and are for guidance purposes only. These quantities are subject to adjustment and re-measurement.

Tenderers shall verify a quantity and enter a rate or price against each item in the Pricing Document (including the General Summary). Items against which rate or price is entered by any Tenderer shall be deemed to be covered by the other quantities, rates or prices in its Tender. All prices quoted must be in Arab Emirate Dirhams. Fractions of Arab Emirate Dirhams must be in Fils.



If the Contractor finds any discrepancy in the quantities, then it must make the necessary adjustments to the items "Additional Items" in order to arrive at its Fixed Price Lump Sum. No unauthorized alteration may be made by any Tenderer to the Tender documents and if any such unauthorized alteration is made or if these instructions are not fully complied with or if any incomplete Tender is submitted, then the Tender may be rejected. All entries made by Tenderers in the Tender documents must be in blue ink. Any alteration to a quantity, rate, cash extension or cost made by any Tenderer in the priced document must be initialed by the Tenderer prior to submission of the Tender. The Tenderer will be required to provide the Employer with full and detailed breakdowns of any of its rates or the rates of its Subcontractor(s) whether nominated or otherwise within reasonable time if requested. The breakdown is to show the actual calculations of the Preliminaries, Labor, Machineries, equipment and Material costs for the Works, the build-up of measured rates with on-costs and overheads and any other allowances used to arrive at the final rate. The build-up of such rates shall clearly show the ex-works cost of the material (including copies of all relevant quotations from suppliers or manufacturers), site delivery charges, insurances, custom duties, off-loading at site and storing, getting out of store, delivery to final position, fixing, any preparatory work, final cleaning, etc. and profit and overheads. A detailed breakdown shall also be provided of both on-site and off-site overheads. The Tenderer must also be prepared to submit details of its hourly labor rates, commencing from the Laborers or Tradesmans basic hourly wage. Tenderers must fill in all blank spaces in the Form of Tender but not in the Form of Agreement as it only indicates the form the document will take.

19 Qualification

The Tender must be submitted solely on the basis of the Tender Documents and shall be free of any qualifications. Should the Tenderer wish to submit an alternative offer to the Employer for consideration, such offer must be additional to and completely separate from a fully compliant offer.

20 Fixed Price Contract

The attention of the Tenderer is drawn to the fact that there is no provision under the terms of the Contract for varying the sums to be paid to the Contractor on account of variations in the basic prices of labour and materials, other than any increase or decrease arising out of subsequent legislation in accordance with the Conditions of Contract, and the Tenderer must allow, and shall be deemed to have allowed, in its Tender, sum for all such variations in the basic prices of labour and materials.



The successful Tenderer is to execute the Works in accordance with the intent and meaning of the Drawings and Specifications and is to supply all items/accessories necessary for the proper execution of the Works and is to execute all work which may be inferred whether or not specifically shown or described.

All quantities provided are for guidance purposes only and the Tenderer is obliged to calculate and verify the quantities and is deemed to have taken into account any discrepancies errors or omissions contained therein.

21 Bribery

The offer of a bribe or other inducement to any person with a view to influencing the placing of the Contract will result in the instant rejection of that particular Tender.

22 Ownership of Documents and Confidentiality Each Tenderer acknowledges the confidentiality of these Tender Documents. Each Tenderer shall maintain the confidentiality of all details in the Tender Documents. The Tenderer shall not discuss this Tender or any aspect of it with any third party. Any evidence of collusion or collaboration will result in rejection of the Tender.

The Tenderer shall return all documents and data related to the Tender to the Employer and / or forthwith upon first occurrence of either:

(a) The Tenderer elected but failed to submit a Tender, or

(b) The Tenderer being notified by the Employer that the Tender of another has been accepted, or

(c) The Tenderer being notified that its Tender will be not be accepted, or (d) The expiry of the Tender validity period.

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

23 Particulars to be submitted with Tender

Tenders shall submit with their Tenders the following particulars: i. A copy of each Circular Letter of Tenders issued by the Engineer, if any, which must be

endorsed by the Tenderers; ii. 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 (see following Item 24);

iii. Particulars of their proposed site organization and the labour force they propose to use, giving details of the number of workmen to be employed during the Contract and stating what proportion of these will be skilled and what proportion will be imported into the Emirate;

iv. Particulars of the resources (such as manpower, machineries and equipment)they propose



to use; v. A list of the Subcontractors, including local firms they propose to use with particulars of

the extent of the work which will be undertaken by them; vi. The source from which they propose to obtain their local materials; and vii. Method statement for carrying out the works.

24 Programme

The Tenderer shall submit together with its Tender a fully detailed bar chart programme showing each element of the buildings and section of the Works including necessary tasks and milestones. The Employer will look favorably on alternative proposals by the Contractor for early handover of the project or sections of the project before the stated completion date. The programme shall show the salient dates applicable to all elements of work. The programme shall be separated into sections to show how the various elements of the Works are to be integrated and shall incorporate in detail the work of all sub-contractors nominated or otherwise. Should nominated Subcontractors be chosen by the Employer prior to the appointment of the successful Tenderer then the Subcontractors programme will be furnished to the Tenderer and the Tenderer's programme will be discussed along with the Subcontractors programme and any minor amendments to the programme in order to integrate will be agreed.

25 Opportunity for Other Contractors

The Contractor shall take into account when preparing his Tender programme that he will be required to co-ordinate his work with other Contractors, including tenant or Employer fitting out Contractors employed on the Works.

26 Form of Tender

The Tender must be made in accordance with the Form of Tender in this Tender Document which is not to be detached and must be signed by a duly appointed principal fully authorized to represent and bind the Tenderer.

It is a condition of Tender that an offer must be submitted solely to on the basis of the Tender Documents issued to Tenderers and must be free of any qualifications. Should Tenderers wish to submit an alternative offer to the Employer for consideration, such offer must be additional to and completely separate from the unqualified Tender.

27 Validity of Tender

Tenders shall remain valid and binding upon the Tenderers for a period of hundred and twenty (120) days commencing from the date fixed for delivery of Tenders to the Employer and it may be accepted at any time before the expiration of this period.



28 Submission of Tender Tenderers shall submit the complete 2 sets of Tender Documents containing the Tender, as listed in Item 5 of these Instructions, clearly marked 'Original' and in addition, the tenderer shall submit the following

a) Pricing Documents b) Forwarding letter and technical submittal of alternatives if any

Each page of the original Tender Documents is to be stamped with company's stamp and initialled by the duly authorized representative of the Tenderer. The entire Tender submission, duly completed as required shall be enclosed in plain sealed envelopes or packages, impressed with red sealing wax, endorsed with the title of the project as follows: Tender for: Al Hamra Non Free Zone Warehouses Al Hamra Ras Al Khaimah, UAE

Address to: Procurement Department Mr. Shaker Mrayhi Procurement Manager RAK Investment Authority The exterior of the envelopes or packages must not reveal the identity of the sender.

Any Tender which is not submitted on the Form of Tender or does not conform with all of these Instructions or does not include any of the required documents or is qualified in any way may be rejected.

29 Performance Security

The successful Tenderer will be required to provide a Performance Guarantee (defined in Clause 10.1 of the Conditions of Contract) to the value of 10% of the Contract Sum, valid for a period to cover the whole of the Contract. The performance security will be retained by the Employer during the period of the Contract and will be returned upon completion of the Works in accordance with the Contract (including the Defects Liability Period). The performance security should be obtained from a bank approved by the Employer.

30 Opening of Tender Tenders will be opened privately at the convenience of the Employer.



31 Examination of Pricing Document

The prices supplied/provided by the Tenderers against the item in the Pricing Document shall be the full inclusive price of the finished Works required under the Contract for the construction and completion of the development, and shall include profit and all obligations and liabilities of every kind, which under the Contract, are to be borne by the Tenderer. No alteration (other than filling in all the blanks intended to be filled in and changes in and corrections to prices) shall be made in the Pricing Document. If any such alteration is made, the Tender may be rejected. The Tenderer shall make sure that no pages are missing from the Pricing Document and that all the item amounts are included in the Total Price for the whole of the Works as no claim will be allowed for failure to comply with the instructions and the omissions and errors arising therefrom.

32 Analysis of Tender Unit Rates

The successful Tenderer will be required to submit an analysis of all the priced items given by the Tenderer in the Schedule of Works prior to signing the Contract. The unit rate analysis must allow for complying in all respects with the requirements of the specification and Conditions of Contract and must show separately allowances for:

i. Labour and all costs in connections therewith ii. Materials and goods including all costs in connection therewith

iii. Fitting and fixing materials and goods in position including hoisting any height iv. Machineries , equipment and tools v. Site establishment and overhead charges

vi. Head office overhead charges vii. Profit

viii. Allowances for fluctuations in the cost of labour, material and plant The rates for material, machineries, equipment, overheads and profit given in the Unit Rate Analysis shall be compatible with rates inserted by the Tenderer in the Schedule of Day Works.

33 Equivalent Materials or Equipment

Where materials or equipment are specified by trade name or manufacturer, Tenderers shall include the same in their Tender. Tenderers may submit a list of alternative materials or equipment together with supporting evidence of equivalence and cost reductions for each item, where an equivalent alternate is proposed. All proposed alternative materials or equipment shall be equivalent or better, in terms of quality, durability, performance and availability of servicing facilities and spare parts, compared to the specified item.

The Employer will be the sole judge of equivalency.



34 Details of Other Contracts

The Employer reserves the right to enter into contracts with other Contractors for other Works which may be carried out concurrently with the Works contemplated herein. The Tenderer shall allow for extending full co-operation to the Employer and the other Contractors as required.

35 Company Registration All the Tenderers shall be registered in Ras Al Khaimah. 36 Insurance

The successful Tenderer/Contractor shall provide all the insurances from Ras Al Khaimah based insurance companies.

37 Governing Laws and Jurisdiction

The laws of United Arab Emirates as applied in Ras Al-Khaimah shall govern the Tender Documents and

any dispute arising out of or in connection with the Tender Documents shall be under the exclusive jurisdiction of the competent courts of Ras Al-Khaimah.



Section 2 Form of Agreement



AGREEMENT This Agreement made the day of

2015, between . and

.. (Hereinafter called the Employer) of the one part.

Whereas the Employer is desirous that certain Contract Works should be executed by the Contractor, ------

----------------and has accepted a Tender for the execution and completion of such Works and the

remedying of any defects therein.

Now this Agreement witnesses as follows: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to

them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz:

a) The Letter of Acceptance; b) The Form of Tender; c) The Conditions of Contract (Parts II and I); d) The Specifications; e) The Drawings; f) The Pricing Document; and g) Any other document forming part of the Contract;

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

mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the Works and the remedying of any defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.



5. This Agreement shall be governed by the laws of United Arab Emirates as applied in Ras Al-Khaimah

and any dispute arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the competent courts of Ras Al-Khaimah.

In Witness, the parties hereto have executed this Agreement on the above mentioned date in accordance with above-mentioned laws. The Common Seal of .. was hereunto affixed in the

presence of: or

Signed Sealed and Delivered by the Said .. In the presence of:



Section 3 Specimen Form of Performance Security



Specimen Form of Performance Security Date TO: RAK Investment Authority P.O. Box 31291 Ras Al Khaimah United Arab Emirates Dear Sirs, PERFORMANCE BOND NO. FOR DIRHAMS .. We, the undersigned (Name of Bank) whose registered office is at .. have taken notice of Letter of Acceptance issued / Contract signed on . by the RAK Investment Authority, whose Head Office is situated at P.O. Box 31291, Ras Al Khaimah, UAE, hereinafter referred to as RAK Investment Authority, to (Name of Contractor) whose Head Office is at ..hereinafter referred as the Contractor for (name of Project) in the total Contract price of DHS (UAE Dirhams .). In consideration of the above, we (name of Bank) as Guarantor, hereby irrevocably and unconditionally undertake on behalf of the Contractor to pay RAK Investment Authority, immediately the sum of UAE DHS . (UAE DHS .) upon receipt of RAK Investment Authoritys written request addressed to us stating that the Contractor failed to fulfill all or any of his obligations under the above mentioned Contract, at first demand and such payment shall be made without any restriction or conditions and without recourse and notwithstanding any objection from the Contractor. This Guarantee shall be valid until (End of the Defect Liability Period) and shall be extended before expiry if the Defect Liability Certificate has not been issued by the Employer. Yours faithfully, FOR AND ON BEHALF OF (Name of Bank) Signature . (Authorized Signature)



Section 4 Conditions of Contract



Section 4.1 Part I General Conditions FIDIC Conditions of Contract for Works of Civil Engineering Construction Fourth Edition 1987 Reprinted 1992 with further amendments. The Part I - General Conditions of Contract shall be read in conjunction with the following Part II - Conditions of Particular Application, which shall extend, override and/or modify the Part I - General Conditions of Contract.



Section 4.2 Part II Conditions of Particular Application Any amendments or additions specifically required by this Contract are detailed under the relevant Clause number. Where reference is made to Part II in the General Conditions of Contract, this shall be understood as meaning this Part II - Conditions of Particular Application. Where no amendments or additions are appended, the full text of the General Conditions will apply. Should there be any discrepancy / ambiguity, etc., between the General and Particular Conditions, then the provisions of Sub-Clause 5.2 of the Particular Conditions shall apply. Additional Conditions not directly related to any of the Part I - General Conditions of Contract Clauses are detailed at the end and referenced by a continuation of the Part I - General Conditions of Contract Clause numbers. Clause references are to Part I - General Conditions of Contract Clauses. A Amendments to Clauses Definitions 1.1. In the Contract, as hereinafter defined, the following words and

expressions shall have the meaning hereby assigned to them, except where the context otherwise requires:

(a) (i) Employer is RAK Investment Authority.

(iv) The Engineer is AL Bonian Consultant Engineers (h) Calendar month, days and year follows Gregorian calendar.

Engineers Duties 2.1 Add the following: and Authority

The Engineer shall obtain specific approval of the Employer before the following:

(a) Instructing work to be carried out which an addition is to or a

deduction from the "Effective Contract price". The term "Effective Contract Price is defined in Sub-Clause 52.3.

(b) Issuing instructions for the expenditure of Provisional Sums for the

provision of optional sections of work or for major items of materials and equipment, under clause 58 and 59.

(c) Extension of time in accordance with Clause 44.



The Contractor shall make due consideration in his Tender for complying with all requirements contained in these Conditions where by specific approval of the Employer is required.

(d) Claims under Clause 53.

Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. 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 accordingly, with a copy to the Employer.

(e) Approval of the Employer shall not relieve the Contractor of his obligations under this Contract.

(f) Suspension of Work in accordance with Clause 40.1.

(g) Taking-Over Certificate in accordance with Clause 48.1.

(h) Taking-Over of Sections or Parts in accordance with Clause 48.2. (i) Defects Liability Certificate in accordance with Clause 62.1.

Languages and Law 5.1 Amend the following: (a) The language of the Contract shall be English Language. (b) The law governing the Contract shall be the Laws of Ras AI Khaimah and UAE.

(c) The Contractor shall conduct all correspondence with the Employer, the Engineer and the Engineers Representative in the English

Language. (d) All correspondence with the Employer shall be forwarded through

the Engineer. Priority of Contract 5.2 Delete the documents listed 1 6 and insert: Documents

1) The Contract Agreement; 2) The Letter of Acceptance;



3) The Form of Tender; 4) The Conditions of Particular Application Part II; 5) The General Conditions Part I;

6) The Specification; 7) The Drawings; 8) The Pricing Document; and 9) Any other document forming part of the Contract All of the above documents shall be read in conjunction with each other. Insert a new Sub-Clause 5.2 (a) as follows: Any difference between the requirements of the Drawings or Specifications or any differences noted within the Drawings or Specifications themselves, shall be referred to the Engineer. The Engineer shall thereupon issue to the Contractor instructions in what manner the Works have to be carried out. If in the opinion of the Engineer the more stringent of the requirements shall apply, the Contractor shall be obliged to comply with such requirements at no extra cost to the Employer.

One Copy of Drawings to be Kept on Site 6.2 Delete: "One copy of the drawings provided to or supplied by the

Contractor as aforesaid "

Insert: "Two copies of the drawings (hard and digital copies) in good condition provided to or supplied by the Contractor as aforesaid."

General Obligations Insert the following additional sentence at the end of the first paragraph of

Sub-Clause 8.1:

The Contractor is responsible for coordinating the various parts of the Works so that no part shall be left in an unfinished or incomplete condition owing to any disagreement between the various Subcontractors, or a Subcontractor and the Contractor as to where the work of one begins and ends with relation to the work of the other.

Insert a new Sub-Clause 8.3 Contractors Liability as follows:

8.3 The Contractor shall be legally liable for the stability and safety of the Works for a period of ten (10) years in accordance with U.A.E. Civil Code, and Articles 880 of it.

Performance Security 10.1 Delete: or in such other form as may be agreed between the

Employer and the Contractor in line 6 and 7.

Add new sub clause at end of the clause 10.1:



The Performance Security in the form of a bank guarantee shall be issued by a bank registered in UAE, in exact conformity with the specimen included in this document.

Programme to be Submitted 14.1 Add the following:

The time within which the programme shall be submitted shall be 14 days.

The Contractor shall at the same time discuss and agree with the Engineer times for receipt of information required. The programme shall be separated into sections to show how the various sections of the Work are to be integrated and shall incorporate in detail the Work of all Sub-Contractors, nominated or otherwise. The programme shall be in the form of a detailed bar chart with tasks, milestones, and declared logic constraints. It should be computer generated and readily available in electronic data format to be altered and adapted to suit events on site. The computer printout should be in a clear format and presented in a compact and readable manner. The Contractor must be aware that he will be working alongside other Contractors and must therefore allow in his programming for coordination with other Contractors.

Cash Flow Estimate to be Submitted 14.3 The time within which the detailed cash flow estimate shall be

submitted shall be 14 days. Add: The cash flow shall be updated whenever a revised construction

programme is issued.

Language Ability of Contractors Representative 15.2 Add new clause:

The Contractors authorized representative shall be fluent in English language.

Language Ability of Superintending Staff 16.3 Add new clauses: A reasonable proportion of the Contractors superintending staff shall

have a working knowledge of the English language. Safety, Security and Protection of the Environment 19.1 Add the following:

(a) The Contractor shall comply with the regulations of the Employer and any controlling authority in force at the Site of the



Works relating to the precautions to be taken against fire hazards. (b) The Contractor shall comply in all respects with the regulations of all Service Authorities in carrying out his obligations under the Contract whether for Temporary or Permanent Works. (c) Provide and maintain, in good operating condition, suitable and adequate fire protection equipment and services and shall comply with all recommendations regarding fire protection made by the representatives of the Civil Defense Fire Service, fire insurance company carrying insurance on the Works or the Engineer and his representatives.

(d) Provide and maintain adequate fire protection in the form of barrels of water with buckets, fire bucket tanks, fire extinguishers, or other effective means of extinguishing fire, ready for instant use, distributed around the project and in and about temporary inflammable structures during construction of Work. (e) Store and dispense gasoline and other flammable liquids in/from safety containers. Storage shall not be within buildings. (f) Approve torch-cutting and welding operations performed by Subcontractors. Before such work is started, and chemical extinguishers shall be available at each location where such work is in progress. (g) Keep the Works orderly and free from all combustible rubbish which shall be promptly and legally removed from site. (h) Contractor to provide resumes of key Safety Personal for Employers approval. (i) Contractor to provide a copy of Company Safety Plan duly signed by corporate officer. (j) Contractor to provide a site specific Safety Plan at mobilization. (k) Contractor to provide safety training progamme.

Care of Works 20.1 Add the following:

(a) The Contractor shall remove any sand, or rubbish blown or otherwise, which might result in damage or delay. (b) During the progress of the Work and at all times prior to the date of completion or occupancy of the Work by the Employer, whichever is earlier, the Contractor shall provide temporary



ventilation, and enclosure, adequate to prevent damage to completed Work or Work in progress or to materials stored on the premises. The permanent ventilation systems may be used for these purposes when available only as provided in the Contract Document and/or advised by the Engineer.

Insurance of Works and Contractors Equipment 21.1 Add the following:

(a) Property in Transit All risks Transit Insurance covering carriage of materials and equipment which are to become a permanent part of the project.

(b) Vehicles

Vehicles Third Party Insurance covering automobiles owned or hired by the Contractor in accordance with Ras Al Khaimah and UAE Law.

(c) Fire and Explosion

Fire and Explosion risk shall be covered. Evidence and Terms of Insurance 25.1 Delete: within 84 days in line 3. Insert: within 28 days

Insurance to be by an approved Ras Al Khaimah and UAE registered company.

Compliance with Statutes, Regulations 26.1(a) Delete line 1 of sub-paragraph (a) and replace it with the

Following: any Federal or Emirate ordinance, rule, decree, regulation or order or other law, or any regulation, or.

Royalties 28.2 Add a second sentence after this Sub-Clause 28.2 as follows:

The Contractor shall also be liable for all payments or compensation, if any, levied in relation to the disposal of part or all of any such materials, or other material to be disposed of as a consequence of the execution of the Works.

Interference with Traffic and Adjoining Properties 29.1 Insert the following text after costs in the second line of the

last paragraph of Sub-Clause 29.1 (including legal costs and experts fees).

Avoidance of Damage to Roads 30.1 Insert the following additional sentence at the end of this Sub- Clause 30.1:

The Contractor shall clear away any sand, mud, debris, or other materials left by the Contractor or his Subcontractors every day on such access routes.



Opportunities for Other Contractors 31.1 Add the following:

(a) The Contractor will be responsible for coordination with other Contractors under the directions of the Engineer or unilaterally to hold and attend necessary meetings, etc., and thereby to partake in the overall management of the interface of different packages, with respect to access for other Contractors, handover of sections or parts of in interface with other Contractors on site, to allow access for services connections or other temporary or permanent Works by other Packages Contractors. (b) If there are other Contractors, Subcontractors or other persons authorized by the Engineer or the Employer working in, or using the same area where the Contractor is performing its work, the Contractor shall fully cooperate with these persons to reduce and eliminate all delays or hindrance in the orderly progress of the work and to assure orderly and expeditious performance and completion of the entire project.

(c) Should the Contractor install any portion of the Works prior

to coordination or in such manner as the cause interference with the work of others, the Contractor shall, at its own expense arrange for its removal or modification, or cutting and patching.

Contractor to Keep Site Clear 32.1 Add the following:

Should at any time after due and reasonable warning from the Engineer the site is not kept clear, the Employer shall be entitled to employ and pay other persons to clear and tidy the site and deduct the cost of doing so including any additional Employer or Engineer associated costs from monies due or to become due to the Contractor, or recover the same as debt due from the Contractor.

Clearance of Site on Completion 33.1 Add the following:

Immediately prior to the Engineer's inspection for the issue of the Taking Over Certificate, the Contractor shall clear away and remove, from that part of the site to which such Taking-Over Certificate relates, all surplus material, rubbish and debris and leave the area clean for the inspection

Employment and Staff and



Labor 34.1 Add the following; In accordance with the Laws of Ras Al Khaimah and UAE. Add the following additional sub clauses to clause 34: Supply of Water 34.2 The Contractor shall provide on the Site, to the satisfaction of the

Engineers Representative, an adequate supply of drinking and other water for the use of the Contractors staff and Work people.

Alcoholic Liquor or Drugs

34.3 The Contractor shall not, otherwise than in accordance with the Laws of Ras Al Khaimah and UAE for the time being in force, import, sell, give, barter or otherwise dispose of any alcoholic liquor, or drugs, or permit or suffer any such importation, sale, gift, barter or disposal by his sub-contractors, agents or employees.

Arms and Ammunition

34.4 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.

Festivals and Religious Customs

34.5 The Contractor shall in all dealings with labor in his employment have due regard to all nationally recognized festivals, days of rest and religious or other customs.

Epidemics 34.6 In the event of any outbreak of illness of an epidemic nature, the

Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purposes of dealing with and overcoming the same.

Disorderly Conduct, etc. 34.7 The Contractor shall at all times take all reasonable precautions

to prevent any unlawful riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the Works against the same.

Observances by Sub- Contractors 34.8 The Contractor shall be responsible for the observance by his sub-contractors of all the provisions of this clause. Salaries, etc.

34.9 The Contractor shall pay all rates and wages, observe hours and conditions and comply with all regulations which affect labour



and other matters so defined by the Labour Law of Ras Al Khaimah and UAE and to comply with the requirements so defined by the Social Security Regulations in force during the currency of the Contract, and to comply with any adjustments and revisions applicable to these Laws and Regulations which may be brought into force during the Contract. The Employer shall not be responsible for any additional expenditure which may be incurred by the Contractor in consequence of any increase in the wages or salaries of workmen and employees.

Recruitment

34.10 The Contractor shall not recruit or tempt his staff and labor from amongst persons in the service of the Employer or the Engineer.

Statutory Regulations

34.11 The Contractor shall obey all policies, health and all other regulations which may from time to time require his observance and he shall instruct his agents, servants and other employees to obey such regulations. The Contractor shall be responsible for keeping discipline on the Site and shall dismiss within 24 hours from receipt of written instructions by the Engineer to that effect any servant, laborer or other employee who neglects to observe the regulations or who refuses to carry out instructions given to him by the Contractor on the representation of any responsible representative of the Employer.

Disorderly Conduct

34.12 The Contractor shall dismiss any person guilty of attempted dishonesty to the Employer and the Engineer or of disobedience of the regulations aforesaid or of bad behavior or who causes or attempts to cause trouble and unrest among the labour force.

Staff Records

34.13 The Contractor shall keep a full record giving the names and permanent addresses of all his employees and hold this record for the inspection of Engineer.

Illness

34.14 The Contractor shall report the illness of any employee to the nearest doctor and also the absence from work or transfer because of illness of any employee and shall comply with the requirements of the Labour Law regarding medical inspection and medical treatment.

Sanitary Facilities

34.15 Sanitary conveniences for the use of persons employed on the Works shall be provided and maintained by the Contractor to the extent, and in such a manner, and at such places, as shall be approved by the Engineer and the authority concerned and all persons connected with the Works shall be obliged to use them.



The Contractor shall make all temporary arrangements for the proper discharge of sewage and drainage from or in connection with the Work and shall maintain the same to the satisfaction of the Engineer and the Authority concerned as long as they may be required.

Political Activities

34.16 Neither the Contractor, his sub-contractors, his associates nor any expatriate staff and their families will indulge in any way in any political or quasi-political activities whilst they are resident in UAE.

Costs, Charges and Expenses

34.17 The Contractor shall include in the Contract Price for all costs, charges and expenses whatsoever which may be incurred by him and all risks involved in giving effect to the provisions of this Clause.

Immigration Procedures

34.18 The Contractor shall make his own arrangements to obtain immigration approval for expatriate personnel or labour and shall be held entirely responsible therefore.

Local Labour Legislation

34.19 The Contractor shall be deemed to have included in his tender price for compliances with any local labour legislation now in force, or likely to come into force, during the currency of the Contract.

Accident Prevention Officer; Accidents

34.20 The Contractor shall have on his staff at site an officer dealing only with questions regarding the safety and protection against all accidents of staff and labor. This officer shall be qualified for this work and shall have the authority to issue instructions and shall take protective measures to prevent accidents.

Health and Safety

34.21 Due precautions shall be taken by the Contractor, and at his own cost, to ensure the safety of his staff and labor and, in collaboration with and to the requirements of the local health authorities, to ensure that medical staff, first aid equipment and stores, sick and suitable ambulance service are available at the camps, housing and on Site at all times throughout the period of the Contract and that suitable arrangements are made for the prevention of epidemics and for all necessary welfare and hygiene requirements.



35 Add the following sub clauses: Records of Safety and Health

35.2 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.

Reporting of Accidents

35.3 The Contractor shall report to the Engineer details of any accident as soon as possible after its occurrence. In the case of any fatality the Contractor shall in addition, notify the Engineer immediately by the quickest available means.

Commencement of Works

41.1 Delete: as soon as is reasonably possible after the receipt by him of a notice to this effect.

Insert: within 7 days after the date of a notice. Possession of Site and Access Thereto 42.1 Add the following:

The Contractor shall, at all times, keep clear the access road from persons, deleterious and damaging materials and plant and machinery.

Mitigation of Consequences of Delay 44.4 Add new clause:

In all cases where the Contractor has given notice under sub

clause 44.2 or 44.3, the Contractor shall consult with Engineer in order to determine the steps (if any) which can be taken to overcome or minimize the actual or anticipated delay. The Contractor shall thereafter comply with all reasonable instructions which the Engineer shall give in order to overcome or minimize such delay. If compliance with any such instruction shall cause the Contractor to incur extra costs and the Contractor is entitled to an extension of the Time for Completion of the Works or Section Sub clause 44.1 hereof, the amount of such extra costs shall be added to the Contract Price, except that no additional amount shall be payable to the Contractor in respect of any instructions to overcome or minimize delay where the Contractor is not entitled to an extension of the time for Completion of the Works under Sub clause 44.1.



Restrictions on Working Hours 45.1 Add the following:

The Employer reserves the right to permit working at times outside these hours.

If the contractor wishes or requires to work outside these hours he

should give notice to the Engineer within a reasonable period prior to his due date for extending daily hours. The Engineer will require details of the Work to be carried out, by how many men and with which plant before making his decision.

Insert the following additional sub-clause to Clause 45:

45.2 In the event that the Contractor is behind the programme submitted in accordance with Sub-Clause 14.1 for which the Contractor is not granted an extension of time in accordance with Clause 44, and the Engineer or the Engineers Representative or their assistants are obliged to supervise the Contractors operations in excess of the normal working hours, or on Fridays or declared public holidays in the UAE., the cost to the Engineer of such overtime shall be agreed between the Engineer and the Contractor and approved by the Employer as per list of rates in the Appendix. Payment will be made to the Engineer by the Employer who shall deduct the agreed amount from monies certified by the Engineers Certificate.

Delay Damages

47.1 Rename: Liquidated Damages for Delay as Delay Damages

Delete: entire text of Liquidated Damages for Delay clause and add following new text for Delay Damages If the Contractor fails to comply with the Time for Completion in accordance with Clause 48, for the whole of the Works, or if applicable, any Section within the relevant time prescribed by Clause 43, then Contractor shall pay Delay Damages to the Employer the relevant sum stated in the Appendix to Tender for every day or part of a day which shall elapse between the relevant Time for Completion and the date stated in a Taking-Over Certificate of the Works or relevant Section, subject to applicable limit stated in the Appendix to Thender. The Employer may without prejudice to any other method of recovery and without necessity of any court action or legal proceedings deduct the amount of such penalty from any monies in his hands due or which may become due to the Contractor.



The payment or deduction of such damages shall not relive the Contractor from his obligation to complete the Works, or from any other of his obligations and liabilities under the Contract.

Payment Liquidated and Ascertained Damages

47.3 Any sum or sums payable under this Clause, as stated in the Appendix to The Form of Tender, shall be so payable and enforceable by the sole fact of the delay without legal or other formality and without proof of financial loss.

Variations 51.1 Line 1 Insert after the word Engineer the words further

to obtaining the approval of the Employer.

51.1 (a) Delete (but not if the omitted work is to be carried out by the Employer or by another Contractor)

Valuation of Variations 52.1 Delete this clause in its entirety. Add the following:

All Variations referred to in Clause 51 and any additions or omissions to the Contract Price ,The Engineer shall determine the amount (if any) which in his opinion should be added to or deducted from the Contract Price in respect of any extra or additional Work done or Work omitted by variation orders. All such Work shall be valued at the rates and price set out in the contract if in the opinion of the Engineer the same shall be applicable. If the Contract does not contain any rates and prices applicable to the extra or additional or omitted Work or if any rates and prices sated in the Contract are unreasonable in the opinion of Engineer then suitable prices shall be agreed upon between the Engineer and the Contractor and be submitted for the approval of the Employer. Provided that no increase of the Contract Price or variation of rate or prices under this clause shall be made unless as soon after the date of order as is practicable and in case of extra or additional work before the commencement of the work notice shall be given in writing: (a) By the Contractor to the Engineer of his intention to claim

extra payment or varied rate, or (b) By the Engineer to the Contractor of his intention to vary a

rate or price as the case may be.



Power of Engineer to 52.2 Delete this clause in its entirety. Fix Rates

Day work 52.4 Insert a minimum of three (3) before quotations in line 3 of

the second paragraph. Customs Clearance

54.3 Insert Ras Al Khaimah before Customs in line 2 of the paragraph. Add the following additional sub clauses to clause 54.3: (a) The Contractor shall ensure that applications for import and

export licenses are submitted to the appropriate Authorities in sufficient time to clear all formalities before the licenses are required.

(b) The Contractor in preparing his programme for importing materials and equipment into Ras Al Khaimah shall take into consideration any official holiday.

(c) The Contractor shall be responsible for the payment of all

Customs duties and all other import duties, harbour and port dues, wharf age, landing, pilotage, demurrage and other dues that are in force during the time of the work and in connection with performance of work pursuant to the Contract.

Quantities 55.1 Delete in its entirety and replace with the following text:

The Contract Price is a Fixed Lump Sum, subject only to additions / deductions thereto as may be made under the provisions of the contract. The items and quantities listed in the Bill of Quantities are indicative only and shall not be taken as accurately representing the work to be executed by the Contactor in fulfillment of his obligations under the Contract. The quantities will not be remeasured and the lump sum contract price shall be deemed to cover for the whole of the Works shown on the Drawings, described in the Specification or required by any other Contract document irrespective of whether or not such works are included in the Bill of Quantities. Notwithstanding the foregoing the Provisional Sums sated in the Bill of Quantities shall form part of the Contract Price and shall be adjusted in accordance with Clause 58 hereof. The rates and prices included in the Bill of Quantities shall constitute the rates and prices to be used for the purposes of



Clause 52 hereof. The Engineer shall determine the amount (if any) which in his opinion should be added to or deducted from the Contract Price in respect of any extra or additional Work done or Work omitted by variation orders. All such Work shall be valued at the rates and price set out in the contract if in the opinion of the Engineer the same shall be applicable. If the Contract does not contain any rates and prices applicable to the extra or additional or omitted Work or if any rates and prices sated in the Contract are unreasonable in the opinion of Engineer then suitable prices shall be agreed upon between the Engineer and the Contractor and be submitted for the approval of the Employer.

Works to be Measured 56.1 Delete the first sentence and replace with the following text:

This is a fully inclusive, Lump Sum Fixed Price Contract and is not subject to remeasurement, except as otherwise stated under the terms of this Contract. The Contractor shall submit monthly applications for payment to the Engineer based upon the amount and value of Work carried out in that period as based upon the value of Work for each element against programme. The Contractor shall be paid the value assessed and agreed by the Engineer in accordance with Clause 60.

Method of Measurement 57.1 After net in line 1, insert in accordance with Principles of Measurement (International) for Works of Construction 1979 published by the Royal Institution of Chartered Surveyors,

Breakdown of Lump Sum Price 57.2 Delete Items replace with the words Price

Delete in its entirety and replace with the following text: The unit rates and individual lump sums against the items in the Bill of Quantities shall be used for the purposes of statements submitted in accordance with Sub-Clause 60.1 and for ascertaining new rates and prices for valuing variations pursuant to Sub-Clause 52.1. The Contractor shall submit within 14 days after the date of issue of the Letter of Acceptance the following information concerning the Contract Price. (a) A breakdown of all lump sums included in the tender. (b) A breakdown of all unit rates and prices contained in the

priced Bill of Quantities, showing the costs of labour, materials, plant and other charges.

The Engineer shall have right to request and the Contractor shall provide a further breakdown of all unit rates and prices including



a detailed breakdown of other charges.

Nominated Subcontractors 59.2 Add the following:

(d) Unless notified otherwise by the Engineer, the conditions of subcontract will be the FIDIC Conditions of Subcontract for Works of Civil Engineering Construction.

Monthly Statements 60.1 Delete paragraph (C) entirely.

Insert new paragraph (C): The percentage (as stated in the Appendix to Tender) of the invoice value of materials and, plant delivered by the Contractor on the site for incorporation in the permanent Works but not incorporated in such Works,

Monthly Payments 60.2 Delete the words if required under in line 3 of last paragraph and Insert as per.

Time for Payment 60.10 Delete the last two sentences of this paragraph commencing with

In the event Currency of Payments 60.11 Add the following:

All monetary statements, estimates and payments shall be submitted in UAE Dirhams. Payments by the Employer to the Contractor shall be made in the United Arab Emirates and in UAE Dirhams.

Advance Payment 60.12 Add the following: An advance payment of the amount stated in the Appendix to Tender shall, following the presentation by the Contractor to the Employer of a Guarantee in the form annexed to these Conditions for the full value of the advance payment, be certified by the Engineer for payment to the Contractor. Such Guarantee shall be progressively reduced by the amount repaid by the Contractor as indicated in Interim Payment Certificates of the Engineer issued in accordance with this Clause. The advance payment shall not be subject to retention. The advance payment shall be repaid through percentage deductions as stated in the Appendix to Tender in progress payment including retention amount from each Interim Payment Certificates commencing with the first Interim certificate. Provided that upon the issue of a Taking-Over Certificate for the whole of the Works or upon the happening of any of the events specified in Sub-Clause 63.1 or termination under Clauses 65, 66 or 69, the whole of the balance then outstanding shall immediately become due and payable by the Contractor to the Employer.



Arbitration 67.3 Delete: under the rules of Conciliation and Arbitration of the International Chamber of Commerce

Insert: under the rules of the Dubai International Arbitration Centre.

Notice to Employer and Engineer 68.2 For the purposes of this sub clause the respective address are:

(a) The Employer- RAK Investment Authority Ras Al Khaimah, UAE

(b) The Engineer- Al Bonian Consultant Engineers Ras Al Khaimah, UAE

Increase or Decrease of Cost 70.1 Delete this clause in its entirety. Add the following:

No payment will be made to the Contractor on account of increase in rates of wages, custom and import duties or of market Works which occur after submission of the Tender, unless such increases are as a result of Subsequent Legislation as defined in sub-clause 70.2.

Rate of Exchange 72.1 Delete this clause in its entirety.

Subsequent Legislation

70.2 Delete the words any national or State Statute, Ordinance, Decree or other Law or any regulation or bye-law of any local or other duly constituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law, Regulation or Bye-law and replace with Federal (UAE) or Ras Al Khaimah Statute only, Ordinance, Decree, Law, Regulation, Bye-law, or duly constituted authority or the introduction of such Federal or Ras Al Khaimah Statute, Ordinance, Decree, Law, Regulation or Bye-law.

Currency Restrictions 71.1 Delete this clause in its entirety.



B THE FOLLOWING CLAUSES ARE ADDED Bribery and Corruption

73 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 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, subjects the Contractor to the cancellation of this and of all other Contracts with the Employer and also to the payment to the Employer of any loss or damage resulting from such cancellation.

Details to be Confidential

74 The Contractor shall treat the details of the Contract as private and confidential (save in so far as may be necessary for the purposes hereof time) and shall not publish or disclose the same or any particulars thereof without the previous consent in writing of the Employer. If any dispute arises as to the necessity of any publication or disclosure for the purposes of this Contract the same shall be referred to the decision of the Engineer whose award shall be final. The obligation on part of the Contractor to keep all such information confidential shall be of a general nature and shall be without limitation of time.

Photographs and Advertising

75 The Contractor shall not publish any photographs of the Works nor allow the Site or the Works to be used for any form of advertising whatsoever without the prior approval in writing of the Employer and subject to such conditions as may be prescribed.

Maintenance of Other Services and Structures

76 The Contractor shall ascertain the location of all water courses, sewers, drains, gas pipes, water pipes, electricity and telecommunication cables, other services and structures which may be encountered during the construction of the Works and not



mentioned in the Contract. He shall temporarily support or divert and subsequently reinstate all such services and structures as necessary and to the satisfaction of the Engineer. As soon as any such service or structure is encountered on, over, under, in or through the Site during the performance of the Contract, the Contractor shall make record of the location and description of such service or structure and shall send the same forthwith to the Engineer. Where permanent diversion or support of such service or structure is rendered necessary as the unavoidable result of the construction of the Works in accordance with the Contract, the Engineer after consultation with the Employer will instruct the Contractor as to the diversion or support to be provided and the Contractor shall be paid the costs thereof in accordance with Clause 52.

Operating and Maintenance Instructions

77 Before the Works (or any Section thereof) are completed in accordance with Clause 48 hereof, the Contractor shall furnish to the Employer Operating and Maintenance Instructions, together with drawings (other than shop drawings) of the Works as completed, in sufficient detail in the opinion of the Engineer to enable the Employer to maintain, dismantle, reassemble and adjust all parts of the Works. The Operating and Maintenance Instructions shall comply with the Specification in respect of material to be incorporated and shall be first submitted in draft for the approval of the Engineer. The Works shall not be considered to be completed for the purposes of Clause 48 hereof until such approved Instructions and Drawings have been supplied to the Employer. The Operating and Maintenance Instructions to include;

a. Cover all facilities. b. Compended and organized in a binder, referred to as an

Operating and Maintenance Manual. c. Related facilities to be cross referenced.

Six number copies of Operating and Maintenance Instructions to be supplied. Unless otherwise specified, the Instructions shall be written in both Arabic and English.

Contractors Design Items 78 All Contractor design items are to be carried out by Specialist

who is approved by the Engineer for each particular discipline. The Contractor shall maintain a design indemnity insurance policy covering for a period of ten (10) years all designs carried out by the Contractor and incorporated in the Works.



Release of Information 79 All information gathered under this Contract by the Contractor

and all reports and recommendations hereunder shall be treated as confidential by the Contractor and shall not, without the prior written approval of the Employer, be disclosed or made available to any person or party other than the Employer and the Engineer. The obligation on part of the Contractor to keep all such information confidential shall be of a general nature and shall be without limitation of time.

Separate Contracts with Other Contractors

80.1 The Employer reserves the right to let separate contracts in connection with the undertaking of the Works and may form part of the Works in order to substantially complete the Works. The Contractor shall carry out properly and co-ordinate his work with that of the other Contractors. If any part of the Contractors work depends for its proper execution or results upon the work of any other Contractor, the Contractor shall in writing report promptly to the Engineer any defects in the work of such other Contractors as may interfere with the proper execution of the Contractors Works.

80.2 Other Contractors means any person, firm or corporation

employed by or having a contract directly or indirectly with the Employer other than through the Contractor.

80.3 In letting of separate Contracts the Engineer shall be responsible

for the co-ordination of fire and other insurance coverage for such Contracts and shall take all responsible precautions to avoid possible occurrence of labour dispute or dispute on the Site.

Boycott of Israel and Other Counties

81 The Contractor shall observe and abide by all rules and regulations concerning the boycott of Israel and other counties.

Interference with Existing Works

82 The Contractor shall not interfere in any way with any existing Works whether the property of the Employer or of a third party and whether the position of such Works is indicated to the Contractor by the Engineer or not except where such interference is specifically required under the Contract.

Land

83.1 The Employer will provide all land, way leaves and easements for the Permanent Works and the Contractor may, where approved by the Eng

instructions to tenderers instructions - construction of warehouses 10-3-15

Documents

tender documents

free zone warehouses

proposal submission

rak investment authority

floor ras al khaimah

rakia building

procurement department

writing receipt