P-726

CONTRACT DOCUMENTS - (Enabling Works)

PROJECT PROPOSED B+G+1+R RESIDENTIAL VILLA

PLOT NO. PLOT NO.3940195 (R39) AT AL THANYAH FOURTH,
DUBAI, UAE
CLIENT MR. INDER MOHAN THAPAR, SARAY PROPERTY
HOLDING LIMITED
VOLUME VOL. 1 OF 3
VOL. 1 OF 3

• TENDERING CONDITIONS

• CONDITIONS OF CONTRACT

• SOIL INVESTIGATION REPORT

VOLUME 1
INDEX OF DOCUMENTS

VOLUME 1 : Instructions to Tenderers

Tendering Conditions
Conditions of Contract
Form of Agreement
Model Form of Performance Bond
Model Form of Advance Payment Guarantee
Soil Investigation Report

VOLUME 2 : Specification

VOLUME 3 : Bill of Quantities

 TABLE OF CONTENTS

VOLUME 1

1. INSTRUCTIONS TO TENDERERS 1

2. TENDERING CONDITIONS 13

3. CONDITIONS OF CONTRACT 18

4. FORM OF AGREEMENT 40

5. SOIL INVESTIGATION REPORT 44

INSTRUCTIONS TO TENDERER
INSTRUCTIONS TO TENDERER

SCOPE OF WORK

1. The Project, Proposed B+G+1+R Residential Villa on Plot No.3940195 (R39), At Al Thanyah Fourth Dubai,
UAE.
2. Taking over the site and getting all necessary permits and authority approvals required to complete the
work.
3. Mobilization work – Mobilization work including but not limited to setting out, site office installation,
access roads etc.
4. Fencing Work – Sign Board & Fencing to the plot as per standards and authority requirements. Fencing
provided will be for the complete project till end of completion. After shoring works completed, fencing
& sign board will be hand over to the main contractor.
5. Shoring work – Including final design of shoring works, approvals from relevant authority, execution as
per standards and subject to final approval from consultant.
6. Excavation – Excavation till depth mentioned in drawings (± 0.5m).
7. Dewatering – Dewatering as per the site condition and soil report whenever needed including authority
approval, dewatering design, crossings etc. all to complete the work.
8. All fees for excavation, dewatering fees, gate pass and local permit fees are to be paid by contractor.
9. Contractor need to visit the site before submitting the quote for studying actual site conditions. For site
visit contractor need to take prior approval from consultant.
10. This tender is lump sum tender. There will not be any variations except length of shoring. Contractor
need to incorporate all the relevant costs in to pricing for the work.
11. Cost of taking any associated for the works its Contractor’s Responsibility.

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1 TENDER DOCUMENTS

1.1 The Tender Documents are comprised of the following:

VOLUME 1
Instructions to Tenderers
Tendering Conditions
Conditions of Contract
Form of Agreement
Model Form of Performance Bond
Model Form of Advance Payment Guarantee
Soil Investigation Report

VOLUME 2
Specifications

VOLUME 3
Bill of Quantities

2 INSTRUCTIONS TO TENDERERS

2.1 The Project, Proposed B+G+1+R Residential Villa on Plot No.3940195 (R39), At Al Thanyah Fourth
Dubai, UAE.

2.2 The scope of works to be carried out is to mobilize, construct and maintain for 6 months the project
including permits as per drawings, specifications and all relevant authorities’ regulations.

2.3 The contractor shall install and operate the dewatering system till the scope of works as per contract
including the authority approval completion or up to the issuance of shoring certificate. The enabling
contractor then handover the dewatering system to Main contractor

2.4 The schematic drawings available shall be fully issued to the Contractor in accordance with Volume 2,
subject to the approval of the Architect. The Contractor shall be in close coordination with the
Architect and Engineer during the tender stage of the Works.

2.5 The Contractor will be responsible to include all works as required to complete the works and any works
as per Volume 2.

2.6 The scope of the works may be reviewed prior to or after the award of the Contract and the Employer
reserves the right to vary the scope of the works by omitting all or any part of the Works within a
specified area. No claim for loss of profit or additional expense will be entertained by the Employer
in connection with the omission of all or any part of the work within a specified area and the
Contractor is required to make due allowance in his Tender for such eventuality.

2.7 The Contractor shall take all responsibility for approvals, and NOC’s. Full responsibility for all
submissions to both the Engineer and Authorities in order to procure the project permit to work will
be the responsibility of the Contractor, along with all relevant expenses.

2.8 The successful Tenderer will have to share the site with other Contractors / Suppliers engaged by the
Employer and shall carry out his work without causing inconvenience to other Contractors engaged
by the Employer and co-ordinate with their work programmes. No claim will be entertained in
respect of any inconvenience, hindrance met by the Contractor due to the presence of other
Contractors / Suppliers on Site.

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INSTRUCTIONS TO TENDERER

2.9 Shop drawings shall be provided by the Contractor whenever required prior to starting the work to get
approval from the engineer. Schedule of drawings submission shall be discussed and agreed with the
Engineer. All other drawing requirements and submission procedures shall be in accordance with
the Employer’s Requirements.

2.10 Contractor’s staffs and labour are restricted to the site area only. Use of adjacent facilities are not
permitted. There shall be no access to the adjoining facilities and shall be restricted with hoarding
and the like. The Contractor shall not build, construct, erect or retain any building, structure, facilities
whatsoever upon

2.11 No Material off-site payments shall be allowed.

2.12 All cranes to be used for the project shall have logos of client. The cost of obtaining any approval
shall be borne by the client. Contractor need to carry out other related work.

2.13 The Contractor shall be responsible for the maintenance of the hoardings with light facilities for night
including the graphics. Graphics shall replace at their cost if it gets damage.

2.14 The Contractor shall fully comply with the procedures of all relevant authorities including but not
limited to the submission and obtaining of the necessary permits, inductions, reports, etc.

2.15 Security procedures shall be observed by the Contractor on site. Standard sign in/out shall be
maintained. All visitors must be notified to the Engineer for approval and subject to local Guidelines
and relevant authorities.

2.16 The Contractor shall procure concrete from the approved list of suppliers. If these preferred-
concrete suppliers are unable to supply concrete, the Contractor can propose alternative concrete
suppliers subject to the approval of the Engineer.

2.17 The Contractor shall maintain cleaning and washing of all roads inside the site premises and all roads
outside leading to the project site. Cleaning and washing the roads should be carried out for a
minimum of 3 times a day and as required to maintain the cleanliness inside the site premises and
all external roads leading to the project.

2.18 Wheel washing of all trucks and deliveries for this project shall be carried out in accordance with the
client’s Guidelines.

2.19 The Contractor shall observe project confidentiality as further discussed in Section 24.0 of this
Instruction to Tenderers. No marketing or advertising without prior approval of the advertising
material.

2.20 Contractor’s communication is strictly with the Client’s team only.

2.21 The Contractor shall have the full responsibility for the protection, labelling and storage in air
conditioned facility of all for this project and other items supplied by the Client for this project. These
items shall be included in the Contractors insurance for the protection of the Works

2.22 The Contractor shall be responsible for all traffic management on site and immediately outside the
site boundary. The Contractor shall adhere to local and all relevant authorities’ traffic flow plan and
Real Estate Development Guidelines for all construction traffic and deliveries for the project.

2.23 The Contractor shall implement adequate control of noise and pollution during construction and
comply with all relevant authorities’ requirements in this connection.

2.24 The Contractor shall satisfy himself as to the completeness of the detailed design drawings to be
handed over to him by the Architect/Engineer. No claim will be entertained in respect of rectification
works to be carried out by the Contractor for this item of work.

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2.25 The Contractor shall adhere to the local and all relevant authorities Traffic Plan included in the
Employer’s Requirements for all construction traffic and deliveries for this project (except for
passenger cars).

2.26 The Contractor shall include in his tender compliance with Green Building Rating and shall employ a
competent staff to administer the procedures and Green Building Rating requirements to achieve
this accreditation.

3 PROCUREMENT STRATEGY

3.1 This project will be procured on one-stage tender approach as the design is already completed at
this stage.

3.2 On this stage, the project is tendered under a Lump Sum Contract with Schematic Design information
prepared by the Client’s Consultants to be progressed by the Tenderers to detailed Bill of Quantities.
A review and evaluation of the tender submissions will be carried out and qualified Tenderers will
be selected on the basis of the competitiveness and compliance with the tender requirements. The
Pricing Document including Schedule of Rates, Daywork Rates Schedule and Price Analysis shall be
completed by the Tenderers. The Contract shall be awarded under a traditional fixed price/lump sum
Contract.

4 PRICING STRATEGY

4.1 First Stage

4.1.1 The Pricing Documents consist of Pricing Schedule in elemental breakdown, Schedule Rates,
Daywork Rates Schedule and Price Analysis for pricing by the Tenderers.
4.1.2 No adjustment will be made to the rates due to inflation throughout the duration of the Works.
4.1.3 The Contract is traditional Fixed Price Lump Sum Contract for the Works. The Tenderer must
include in his rates and prices an allowance for any possible increase in the cost of labour,
materials, construction plant etc. which may occur after the submission of the Tender and during
the period of Contract.

4.2 The Tenderer shall allow in his Tender relevant cost for the construction of the Works in accordance
with Drawings/Specifications and supply of all necessary requirements for the proper execution of
the Works and execution of the Works which may be inferred whether or not specifically shown or
described.

4.3 The quoted tender price shall be valid during the whole period of the execution of the Works. No
compensation shall be made due to currency fluctuations, inflation or any unforeseeable increase in
commodity prices in the market.

4.4 Any discount offered by the Tenderer shall be declared not applicable to provisional sums and prime
cost items, if there’s any. The discount will be an apportioned deduction to all rates and not only to
specific rates.

4.5 No alternative tenders are to be included in the offer.

5 SUBMISSION OF TENDERS

5.1 The Tenderer shall submit along with the original clearly marked ORIGINAL, and ONE (1) sets of
photocopy clearly marked as COPY or DUPLICATES 1 of BOQ (Volume 3) and one (1) CD containing
the tender submissions.

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INSTRUCTIONS TO TENDERER

5.2 The Form of Tender shall be signed by a duly authorised Representative of the Company tendering
and shall be stamped with the Company's stamp.

5.3 Each and every page of the Tender Documents and Pricing Document, etc. must be affixed with the
Tenderer’s company stamp and initialled by the authorised representative of the Company.

5.4 Tenders shall be sealed in an envelope marked:

PROPOSED B+G+1+R RESIDENTIAL VILLA ON PLOT No.3940195 (R39), AT AL THANYAH FOURTH, DUBAI,
UAE

ENABLING WORKS PACKAGE

Addressed to: THAPAR HOMES CONTRACTING LLC

Dubai, United Arab Emirates

Attn.: Model Engineering Consultants - Client Representative

And submitted to: Ms Deepthi Shetty

[email protected]

The office of: 7th Floor, Office 713, Block B

Al Hudaiba Awards Buildings
Al Mina Road
P. O. Box 26369 Dubai, UAE
Telephone- + 971 (0)4 326 6625

Not later than: the time and date specified in the Letter of Invitation. No extension of time for the
submission of tenders will be provided.

Note: Commercial and Technical Submissions must be in separate cover page.

5.5 No alterations (other than filling the blanks intended to be filled in) shall be made in the Form of
Tender and other sections of the Tender Documents. The Tender Documents shall be submitted
intact with items in the Pricing Document fully priced and totalled, and in United Arab Emirates
Dirhams, having a unit rate affixed to every item therein.

5.6 If any alteration is made, except as aforesaid, and if these Instructions to Tenderers are not otherwise
fully complied with, the Tender will not be considered.

5.7 There shall be no overwriting and any mistakes that are corrected shall be initialled by the duly
authorised representative.

5.8 Any item which is not with price or not mentioned included (kept blank) in boq shall considered as
included in the said price submitted by the tenderer.

6 TENDER QUERIES

6.1 Any tender queries shall be in writing to be received not later than 2 working days before the tender
submission date.

6.2 All tender queries shall be addressed to:

Model Engineering Consultants
7th Floor, Office 713, Block B
Al Hudaiba Awards Buildings
Telephone- + 971 (0)4 326 6625
Fax- + 971 (0)4 326 6624
Email - [email protected]

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Attn.: Ms. Deepthi Shetty

6.3 All tender queries, addendum, clarifications and all communications between contractor and
consultant shall form part of contract documents.

7 SUCCESSFUL TENDERER

7.1 The successful Tenderer will be notified of acceptance of his Tender by letter and will be required to
sign the Contract within Seven (7) days of the date of such Notice to Proceed.

7.2 The Tenderer shall state the name of the person responsible for signing the Contract and shall
provide proofs of his authority and samples of his signature and initials. If the person holds a Power
of Attorney, the relevant documents shall be duly certified by an authorised officer of the
Government of United Arab Emirates.

8 PERFORMANCE SECURITY

8.1 Before signing the Contract, the successful Tenderer will be required to submit a Performance Bond
in the form of a Bank Guarantee issued by a bank based in Dubai / security cheque as requested,
equal to ten percent (10%) of the value of the Contract in favour of the Employer. The Performance
Bond shall be valid for the whole period of the Contract and Defects Notification Period, and until
the Performance Certificate has been issued by the Engineer. The Performance Security shall be
forfeited in favour of the Employer should the Contractor fail to fulfil any of his obligations under the
Contract. The Performance Security shall contain a clause for automatic renewal without any notice
from the Employer if the Works are not likely to be completed within the Contract Period.

9 VISITING SITE

9.1 The Tenderer will be deemed to have visited the Site or caused it to be visited on his behalf by a
competent and reliable person to obtain for himself as his own responsibility all information that
may be necessary for the purpose of preparing a Tender and entering into a Contract. All site visits
shall be coordinated with consultant by taking prior approval.

9.2 All costs and charges in connection with the above-mentioned visit shall be borne by the Tenderer.

10 BUILDINGS, WORK YARDS, ETC.

10.1 The Tenderer must examine and consider the Site and its surroundings, he must satisfy
himself as to the nature of the existing works and buildings in the vicinity of the proposed
Works, the limitations and restrictions in the area, the nature of the existing roads or other
means of communication, the access to and egress from the Site and Works, the available
accommodation as regards to land for temporary purposes (inside or outside the Site), the
buildings that may be required for temporary purposes, and must make his own enquiries
as to material storage areas etc. and such other additional areas as he may require for
temporary occupation for the construction, completion and maintenance of the Works and
remedying of any defects therein as described in the Contract Documents.

11 PHYSICAL CONDITIONS

11.1 The Tenderer shall make local and independent examination and enquiries as to the physical
conditions prevailing at the Site and obtain his own information on all matters and things that may
in any way influence him in making a Tender and fixing the rates in the Pricing Document. He must

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also satisfy himself as to the risks and responsibilities to be undertaken in the Contract to be entered
into by him should his Tender be accepted.

12 MATERIALS, LABOUR, ETC.

12.1 The Tenderer shall enquire and satisfy himself as to the sources of supply, the sufficiency of and the
means of obtaining and transporting all materials, labour, fuel, water, electricity for light and power
and other things required for or in connection with the Works and he must consider all other matters
and possible contingencies affecting the execution, completion of the Works and the remedying of
any defects therein.

13 NEGLECT TO OBTAIN RELIABLE INFORMATION

13.1 Any neglect or failure on the part of the Tenderer to obtain reliable information on the spot or
elsewhere upon the foregoing or any other matter affecting the execution, completion of the Works
and the remedying of any defects therein shall not relieve the Tenderer from any risks or liabilities
or from the responsibility of completing and handing over the Works, all as defined in the Contract,
should this Tender be accepted.

14 INTERPRETATION OF TENDER DOCUMENTS

14.1 The Tenderer may request clarification or interpretation from the Engineer of any aspect of the
Tender Documents by letter, facsimile or email. The Engineer's response will be made by letter,
facsimile or email addressed to all Tenderers. Where such clarification or interpretation requires a
change in the Tender Documents, the Engineer will prepare and issue an addendum to the Tender
Documents.

14.2 The Engineer will not be bound by, and the Tenderer shall not rely upon, any oral interpretation or
clarification of the Tender Documents.

14.3 Any request for clarification or interpretation should be received by the Engineer not later than five
(5) working days before the tender submission date. Failure of any Tenderer to receive any such
addendum or interpretation shall not relieve any Tenderer from any obligation under his Tender as
submitted.

14.4 If the Tenderer requires clarification or interpretation in the final five (5) working days before the
tender submission date then he shall when submitting his tender set out in a covering letter the
interpretation on which his tender has been based.

14.5 Tenderers are instructed to qualify their respective bids in writing for all conditions which are not
clarified to their satisfaction by the tendering information.

15 ADDENDA AND POST TENDER CLARIFICATIONS

15.1 At any time prior to the date fixed for submission of Tenders, the Engineer, acting on behalf of the
Employer may issue addenda in writing to all persons who have obtained the Tender documents
deleting, varying or extending any item in the Tender documents. Any such notice shall be
incorporated in the Contract as one of the Tender Documents and be treated as such by the
Tenderers.

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16 NO ALTERATION TO DOCUMENTS

16.1 No addition, omission or alteration is to be made by the Tenderer to the Tender Documents. If any
such alteration is made or if these instructions are not fully complied with or if any incomplete tender
is submitted, the tender may be rejected.

17 VERBAL REPRESENTATION

17.1 Neither the Engineer nor the Employer nor any of their respective employees has any authority to
make any representation or explanation to persons Tendering as to the meaning of the Contract, the
Employer’s Requirements, the Pricing Document, the Drawings or other documents, or anything to
be done or not to be done by the Tenderer, or as to these Instructions, or as to any other matter or
thing so as to bind the Employer or bind or fetter the judgment of the Engineer or the Engineer's
Representative in the exercise of their powers and duties under the Contract, unless such
representation or explanation has been made in writing and is incorporated in the Form of
Agreement when the Contract is signed.

18 TENDER PRICES

18.1 The prices inserted by the Tenderer against the various items in the Pricing Document shall be
deemed to be firm, fixed prices. No claim for an increase of the amount in the Pricing Document and
Schedule of Rates to be determined, as defined in the Contract, will be entertained, nor shall the
Tenderer be entitled to make any claim on the grounds of any representation or on the grounds that
he was supplied with information or given any promise or guarantee by the Employer or the Engineer
or their employees or any other person.

18.2 Each and every page of the priced tender document is to be stamped and initialled by the Tenderer's
authorised representative. All tender prices shall be inserted in ink.

18.3 Prior to award of this Contract, in cases where the amount included in the Pricing Document are
found to be unacceptable to the Engineer, the Tenderer shall amend by such amounts as agreed
with the Engineer. The price difference in the extended total for the item of work shall be carried to
the summary page and clearly described and referenced and added to or deducted from the
summary total.

18.4 The Contractor may be required, at his own expense, to visit the Engineer's offices after submission
of his tender in order to answer any queries raised by the Engineer upon his tender.

19 CURRENCY AND PRICES

19.1 All prices quoted must be in Arab Emirates Dirhams. Fractions of Dirhams shall be in Fils.

20 OPENING OF TENDERS

20.1 The tenders will be opened in private at the Client’s discretion.

21 ACCEPTANCE OR REJECTION OF TENDERS

21.1 The Employer does not bind himself to accept the lowest or any tender and will not assign any reason
for the rejection of any Tender. The Employer will not be responsible for nor pay for any expenses
or losses which may be incurred by any Tenderer in the preparation of his Tender.

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22 ERRORS IN TENDERS

22.1 The Employer reserves the right to correct arithmetical or other errors in any Tender in the way in
which he considers reasonable. If the Employer discovers major errors or omissions in any Tender,
he may require the Tenderer to correct the same but, in such cases, the Tenderer will not be
permitted to increase the Tender price.

22.2 Any arithmetical corrections made by the Employer in a Tender shall be stated to the Tenderer if the
Employer shall consider acceptance of such a tender.

23 PRIVATE AND CONFIDENTIAL

23.1 All recipients of the Documents for the proposed Contract for the purpose of submitting a Tender
(whether the Tenderer submit a Tender or not) shall treat the details of the Documents as strictly
private and confidential.

23.2 The Tenderer shall treat the details of the Tender Documents as strictly private and confidential,
except to the extent necessary to carry out the obligations under it or to comply with the applicable
laws. The Contractor shall not publish, permit to be published or disclose any documents, drawings,
specifications, diagrams, reports, surveys, calculations, and other information or materials details
concerning the Works and shall not use the Site for the purpose of advertising.

23.3 After submission of the Tender (whether the Tenderer submit a Tender or not), the Tenderer shall
return all drawings, diagrams, reports and surveys prepared under or in connection with the Works
to the Employer.

24 TENDER DISQUALIFICATION

24.1 Tenders which are submitted with qualifications and conditions not listed in the tender documents
shall be disqualified. The Tenderer, if he wishes, may submit a qualified conditioned tender as an
attachment to the tender letter, and in addition to his tender strictly in accordance with the tender
documents.

25 VALIDITY OF TENDER

25.1 Tenders shall remain valid and binding upon the Tenderers within 120 days from the tender
submission date with a provision for extension upon mutual agreement, commencing from the date
fixed for delivery of tenders to the Employer and it may be accepted at any time before the expiration
of this period.

26 LANGUAGE

26.1 All correspondence in connection with this Contract shall be in English.

27 DETAILED WORK PROGRAMME AND OUTLINE METHOD STATEMENT

27.1 Tenderers are to submit with their Tenders a detailed programme showing the order in which the
various sections of the Works described in the Tender Documents are to be executed within the
Contract period. Within twenty eight (28) days from the date of the Notice to Proceed, the
Contractor must provide a fully detailed bar chart and network analysis using Primavera or an
approved computer generated software programme in accordance with the Conditions of Contract
and Volume 2 and 3.

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27.2 The Tenders are to be accompanied by outline method statement with drawings showing the
methods which the Tenderer proposes to adopt to carry out the Works specified.

27.3 Tenders which are not accompanied by a detailed programme or a sufficiently comprehensive
method statement as described above may be rejected.

28 SCHEDULE OF PLANT AND EQUIPMENT

28.1 The details inserted by the Tenderer in the plant schedule may be taken into consideration when
awarding the Contract for this project. It should be noted that the words "As required" or other
similar phrases will not be acceptable in the completion of these schedules.

28.2 It shall be clearly understood at the tendering stage that the plant and equipment, as shown in detail
on the annexes, must be made available for the execution of the Contract. In the event of any item
of plant included in the annexes not being available when required, then the successful Tenderer
shall submit details of alternative proposals for the approval of the Engineer and such alternatives
shall be equal to those detailed in the annexes submitted with his Tender.

29 ORGANIZATION CHART

29.1 The Tenderer shall submit with the tender his "Contractor's Site Organisation Chart".

30 SCHEDULE OF SUPERVISORY STAFF

30.1 The Tenderer shall submit with his tender, names and qualifications of all key personnel to be
involved with the Contract. All Contractor’s staffs to be assigned for this project shall be subject to
the approval of the Client/Engineer. Interview with the staffs will be conducted by the
Engineer/Client if deemed necessary.

30.2 For this project the contractor shall provide a full time civil engineer with minimum 5 years of
experience.

31 MANPOWER

31.1 The Tenderer shall submit with the tender a schedule of proposed manpower for the entire duration
of the project in the form of a labour histogram.

32 MANUFACTURERS/SUPPLIERS

32.1 The Tenderer shall submit with his tender a schedule of sub-contractors and suppliers he proposes
to use during the execution of the works.

32.2 All Sub-contractors and Suppliers will be carefully reviewed by the Engineer. If, in the opinion of the
Engineer a designated sub-contractor is incapable of carrying out the works to the standard required
by the contract documents, the Contractor shall within a period of one week put forward names of
alternative sub-contractors. Any one or all of them will be subjected to the same procedure as stated
above. This procedure will be carried out until suitable sub-contractors are approved by the Engineer
whose decision is final and binding on the Contractor.

32.3 No extension of time Claims or Cost Claims of any kind will be considered under the conditions of
contract, as a result of any delay or additional costs incurred by the contractor, relating to the
Engineers approval process for Sub-Contractors, Suppliers and Manufacturers.

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32.4 Only sub-contractors with valid UAE trade licences will be approved by the Engineer.

33 JOINT VENTURE – (Not allowed for this scope of work)

33.1 The Tenderer shall submit, with his Tender, a copy of any relevant Joint Venture agreements that
affect the Tender indicating the responsibilities of each JV partner.

34 POWER OF ATTORNEY

34.1 The Tender shall submit, with his tender, copies of any relevant Power of Attorney documents that
affect the Tender.

35 CASH FLOW FORECAST

35.1 The Tenderer shall submit, with his tender, a “Cash Flow Forecast” detailing the net anticipated sums
due to be paid on a monthly basis by the Employer rounded to the nearest fifty thousand dirhams.

36 SCHEDULES OF INFORMATION TO BE SUBMITTED WITH THE TENDER

a. Completed Form of Tender and Pricing Document (Original Plus One (1) Copy of BOQ and 1CD)
b. List of tender bulletins and tender addenda
c. Outlined method of statement and technical information
d. Site Organisation Chart
e. Cash Flow Forecast
f. Programme
g. Schedule of Plant and Equipment
h. Key Personnel – Names and Qualifications including CV’s
i. Manpower Schedule
j. Schedule of Subcontractors and Suppliers
k. Statement of Site Visit
l. Copies of relevant Joint Venture Agreement and Power of Attorney
m. Copy of current and valid UAE Trade Licence
n. Outlined Safety Plan and Company Quality Policy Statement
o. Professional Indemnity Insurance
p. Active similar projects for viewing
q. Five (5) years HSE Statistics
r. Any other information as requested in Volume 2 and 3 which are not listed above

37 COMPLETION IN ACCORDANCE WITH THE PROGRAMME

37.1 The Tenderer is to allow for all necessary overtime or any additional shifts in his tender to achieve
compliance with the programme of works. Under no circumstances shall any claims for costs due to
overtime or additional shift overtime working required to complete the works on time be
entertained.

38 BONA FIDE TENDER

38.1 The Tenderer must not discuss this tender or any aspect of it with any third party. Any evidence of
collusion or collaboration will result in rejection of his tender.

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TENDERING CONDITIONS

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PROPOSED B+G+1+R RESIDENTIAL VILLA ON PLOT No.3940195 (R39), AT AL THANYAH FOURTH, DUBAI,
UAE.

1. METHOD OF SUBMITTING TENDERS

The tender document complete, including the form of tender with the attached appendices, drawings,
conditions of contract, specifications and schedule of rates completed as required must be enclosed in a
sealed cover and deposited in the office of:

Model Engineering Consultants

Dubai, UAE
2. VALIDITY OF TENDERS

Tenders shall remain valid for one hundred and twenty (120) days from the date fixed for submission of
tenders.
3. FORMAL CONTRACT AND PERFORMANCE BOND

The contractor whose tender is accepted, shall be requested to execute, within fifteen (15) days from the date
of issuance of the Notice of Acceptance of his tender, a formal contract in the form of agreement annexed
hereto and shall provide within the above mentioned period a "Performance Bond" issued by a local bank
approved by the employer to the value stated in the appendix "A" and as stipulated in the conditions of
contract.

Should the contractor, for any reason, fail to provide a performance bond or execute the contract agreement
within the above stated period and as stipulated in the conditions of contract, the employer has the full right
to confiscate the tender guarantee and the contractor shall have no right to claim refund or compensation.

The performance bond shall be retained by the employer during the period of the contract and shall only be
released when the works are satisfactorily completed in accordance with the conditions of contract.

4. TENDERERS TO OBTAIN INFORMATION

Tenderers shall, in addition to the requirements of clause 11 of the general conditions of contract (inspection
of site), satisfy themselves as to the sources, sufficiency, availability, means of obtaining and delivering
materials, water, fuel, power, labour, transport, accommodation of personnel if necessary and any other
matters or things required for the construction and maintenance of the works. Tenderers must also ensure to
cover for any factor that may affect or influence the pricing of their tender.

Should the tenderer fail to obtain information as to the nature of the site and of his various obligations under
the terms of the contract, he - the contractor - shall not be relieved of any of his responsibilities and liabilities.

All expenses incurred by tenderers in the preparation of their tenders, and site visits connected therewith
shall be at the sole expense of the tenderers. The tenderer shall have no right to claim for any expenses or
charges incurred due to such visits or investigations.
5. EXPLANATIONS ETC. NOT BINDING ON EMPLOYER

Neither the Engineer nor any agent or employee of the employer shall have any authority to make
representation of explanation to tenderers as to the meaning of the contract documents or as to anything to
be done or supplied by the tenderer or to any other matter or thing so as to bind the employer or fetter the
judgement or discretion of the Engineer in the exercise of his powers and duties under the terms of the
contract.
6. PRICES TO BE INCLUSIVE

13
INSTRUCTIONS TO TENDERER

The rates and prices set down by the tenderer against the items in the Bills of Quantities are to be the full
inclusive value of the finished work described thereunder and are to include for all contractor's overheads,
profit and all other obligations and liabilities which, under the contract are to be borne by the contractor.

Each item in the bills of quantities is to be priced or if any items are left unpriced the tenderer must indicate
the value of the work described thereunder as being allowed for elsewhere.

Any alteration in the prices of the bills of quantities shall be initialled by the person signing the form of tender,
un-initialled corrections shall not be considered and shall subject the tender to rejection.

7. ERRORS IN COMPUTING TENDER

The contractor shall be responsible for errors which he may make in computing any quantities of materials
and labour required or costs involved or through any lack of knowledge of the site or misunderstanding of
anything shown or implied on the drawings or in the specifications and/or the bills of quantities.

The contractor must refer any discrepancy in the drawings and/or the specifications to the engineer before
submitting his tender otherwise the decision of the engineer as to the interpretation of the discrepancy will
be final.

8. PRICE ANALYSIS

The tenderer may be asked for and should be prepared to furnish forthwith and when so requested a price
analysis for any item priced in the Bills of Quantities.

9. TENDERER'S ADDRESS

The successful tenderer shall have an address in the country where the works are to be executed. Each
tenderer shall give with his tender an address at which notices may be validly served on him. All notices shall
be deemed to be validly served which are left at such address or are sent there by post and every letter sent
by post shall be deemed to have arrived in due course of post unless the contrary is shown.

10. ADDENDA AND CIRCULAR LETTERS

Should there be any doubt or obscurity in the meaning of any of the tender documents or as to anything to
be done or not to be done or as to any other matter or thing, the tenderer must set forth such doubt or
obscurity in writing and submit same to the engineer not later than one week before the date fixed for the
delivery of tenders. The clarification in the form of an addendum or circular letters will be distributed to all
tenderers to whom a set of tender documents has been issued.

11. CONSTRUCTION PROGRAMME

Tenderers shall submit together with their offer a tentative construction programme in the form of a bar chart
indicating the dates of commencement and completion of each operation and the date by which the tenderer
shall complete the construction of the works. The Contractor to also refer to the timeline as indicated in the
Draft Main Contract.

12. ACCEPTANCE

The employer has the right to accept or reject any offer or to cancel the tender and stop the bidding without
giving any justification.

The employer is not bound to accept the lowest offer or to give an explanation, or a reason for its rejection.

14
INSTRUCTIONS TO TENDERER

The employer will not be responsible or pay for expenses or losses which may be incurred by any tenderer for
the preparation of the tender.

Any tender not complying with the foregoing instructions shall not be considered.

13. SPECIALISED SUB-CONTRACTORS

Specialized sub-contractors for all major works shall be of a highly-qualified standard.

14. TYPE OF CONTRACT

The contract shall be lump sum contract.

15. ALTERNATIVE TENDERS

In the event that the tenderer wishes to submit an alternative tender based on specifications other than those
in the tender documents, this alternative will only be considered provided that a tender fully complying with
the conditions laid in the tender documents is also submitted. The tenderer shall give full details of such
alternative specifications together with the effect, if any, on the tender sum. The employer shall be free to
accept whichever tender he may choose. Alternative tenders must be submitted along with the main tender
and shall be endorsed "Alternative No. 1".

15
INSTRUCTIONS TO TENDERER

FORM OF TENDER

PROPOSED B+G+1+R RESIDENTIAL VILLA ON PLOT No.3940195 (R39), AT AL THANYAH FOURTH, DUBAI, UAE

TO: THAPAR HOMES CONTRACTING LLC.

Sirs,

Having examined the tender and contract documents for the construction of the above-named works, we, the
undersigned hereby offer to construct, complete, maintain and deliver up the whole of the said works, in strict
conformity with the said tender and contract documents for the sum of Dhs………………………. /= (Dirhams Only)

Only or such other sum as may be ascertained in accordance with the said conditions.

We undertake in the event of this tender being accepted, with the understanding that you are not bound to
accept any tender you may receive, to execute when called upon by you to do so, a contract for the works in
the terms of the articles of agreement which may be altered and added to in such a manner as you may require
for the purpose of adapting it to the circumstances of this tender.

We undertake to complete and deliver up the whole of the works within the period named in Appendix "A"
to the form of tender from the date of receipt by us of order to commence with the works and furthermore
complete the different parts of the works defined in our programme of works within the time limits therein
guaranteed.

We enclose our tender guarantee, the name and qualifications of the site agent whom we propose to put in
charge of the works and also specifications of constructional plant which we undertake to provide for the
execution of the works.

Unless and until a formal agreement is prepared and executed this tender, together with your written
acceptance thereof, shall constitute a binding contract between us.

Dated this …………………..……. day of ………………, 2023

Signature ………………………… in the capacity of …………………………………………………

Authorized to sign tenders for and on behalf of ………………………………………...………….……

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

Witness Signature ………………………….…………………………………………………………..

Name and Address: ……………………………………………………………….………....................

16
CONDITIONS OF CONTRACT

17
GENERAL CONDITIONS

18
CONDITIONS OF CONTRACT

The General Conditions of Contract shall be those contained in the “Conditions of Contract for Building and
Engineering Works Designed by the Employer, First Edition, 1999, published by Federation International des
Ingenieurs – Conseils (FIDIC) as modified or added to by the following Part 2 – Conditions of Particular
Application which shall be read and construed with the General Conditions (which General Conditions form part
of the Tender) as if they were incorporated therewith. In so far as any of the said Conditions of Particular
Application may conflict or be inconsistent with any of the General Conditions, the Conditions of Particular
Application shall always prevail.

Tenderers are deemed to be in possession of their own copy of the above document at Tender Stage and to be
fully aware of and have understood the contents therein.

19
CONDITIONS OF CONTRACT

APPENDIX "A" TO FORM OF TENDER

SN CONDITIONS DATA

Employer’s name THAPAR HOMES CONTRACTING LLC

Proposed B+G+1+R Residential Villa

1. Title of Project
Plot No. 3940195 (R39) At Al Thanyah Fourth Dubai,
Location of Project UAE.

MODEL ENGINEERING CONSULTANTS

Engineer & Project Manager PO Box 26369, Dubai, UAE
2.
Tel: 04 326 6625 / Fax: 04 326 6624

SOILTEC PILING & FOUNDATION L.L.C.

Contractor's Name & address MR. AYMAN KHALAF REFAEI BEKHIT
3.
PO.BOX- 92776

AED 1,600,000.00 – Fixed L/S Contract Price with no Further

Contract Amount
4. Variation.

Time for Completion of the Start date on 1st February 2024, Work Completion date
5. Works on 1st May 2024.

Six (6) months from the date of written acceptance of

Defects Notification Period
6. project by the Consultant

Electronic transmission
Email (in PDF format)
7. systems

Governing Law Emirates of Dubai – United Arab Emirates

8.

Ruling language English

9.

Language for
English
10. communications

Time for access to the Site As noted in the Notice to Proceed

11.

Period of notifying
unforeseeable errors, faults
7 days after Commencement Date
12. and defects in the
Specifications

20
CONDITIONS OF CONTRACT

SN CONDITIONS DATA

Performance Security NA
13.

Normal working hours As per UAE Labour Law

14.

AED 8000/- per day.

Time is essence of this Contract, No matter whatsoever is
Delay damages for the Works written in the contract, this clause shall supersedes all the
15.
Clauses in the Contract.

Incentive/Bonus AED 8,000/- per day

16.

Provisional Sums NA
17.

Adjustments for Changes in

Rates are fixed for the entire Contract duration
18. Cost

20% of the Contract Value against Bank Guarantee in text

Total advance payment
19. & format acceptable to the Employer.

Repayment amortization rate

N/A
20. of advance payment

10% for interim payment. (5% will be released upon

Percentage of Retention submission re-demarcation. Balance 5% will be released
21.
upon completion Certificate.)

Limit of Retention Money 10% of the Contract Price.

22.

20% Advance payment.

Monthly Progress payment
Payment Terms 5% Upon Taking Over Certificate.
23.
5% Upon BCC.

Commencement Date Immediately Upon Signing the LOA.

24.

Notice to Proceed
25. Date of signing the LOA.

21
CONDITIONS OF CONTRACT

SN CONDITIONS DATA

All Risk Insurance: By The Contractor - 110% of Contract

Value.
Insuring Party
26.
Motor Vehicle and Workmen’s Compensation: By the
Contractor

Periods for submission of

days after issuance of Notice to Proceed
insurance:

27. a) Evidence of insurance. 14 days

b) Relevant policies 14 days

AED 1,000,000 (AED One Million Only) for any incident,

Minimum amount of Third
number of incidents unlimited and Contractor’s All Risk
28. Party Insurance
Policy + AED 5,000,000.00 for Surrounding Properties.

NOTE:-

1. Time is essence of this contract, no matter what is stated in the contract herein above there will be no
excuse on deducting the delay penalty of AED 8000 per day from the Contractor Final Bill.

2. The Contractor is fully aware that the Saturday & Sunday work is not allowed at Emirate Hills as per
EMAAR Guidelines.
The Following work timing at Emirate Hills, Plot No- 3940195 (R39) At AL Thanyah Fourth Dubai,
UAE.
Work Time:
Monday to Friday from 9:00 AM to 1:00 PM & 3:00 PM to 5:00 PM

22
CONDITIONS OF CONTRACT

3. APPENDIX "A 1"

Please make a note that the following shall be applicable as a part of contract agreement.

Sr. No Description Fee

Review of shop drawing submitted for approval for the

1 No Charges
1st time

Review of shop drawing submitted after incorporation

2 of comments as per point (1) above No Charges

LE
3
Review of any further submission of shop drawings

A
subsequent to occurrence of point (1) and (2) as above B AED 250 per Hour

LI C
4
PP
Requirement of site visit by any staff from office other
than the allocated site supervisor staff
AED 400 per Hour

T A
Preparation of As built drawings for submission to
5
inspection
N O
authority for approval prior to building completion AED 400 per Hour

Co-ordination with authorities for approval of

6 AED 250 per Hour
submission as per point (5)

• Payment Term –Full in Advance

23
CONDITIONS OF CONTRACT

APPENDIX "B" TO CONDITIONS OF CONTRACT

ENGINEER’S OVERTIME

In the event that the Contractor intends to carry out any work on the site after normal working hours or at
public holidays, then the Contractor will formally notify of intended nature of work to be executed requesting
for Engineers supervision at least 48 hours in advance and will pay to the Engineer such sums calculated in
accordance with the following schedule for the provision of the Engineer’s and other Consultant’s supervisory
staff who are deemed necessary by the Engineer to remain on site during these overtime periods to ensure that
the works being carried out are properly supervised.

The Engineer’s standard working Hours are: 10 hours (8:00 am to 6:00 pm) Monday to Friday.

LE
A B Man hour rates

LI C Per Hour

(a)
P
Senior Project Manager/Senior Construction Manager

P
AED 825
(b) Project Engineer

T A AED 660

N O
*** 5% annual uplift shall be applied for all rates

The payment of Overtime is to be made by the Employer and deducted from the Contractor’s Interim payment
applications. The Engineer and the Contractor should submit to the Project Manager on a monthly basis the
Engineer’s over time sheets signed by both parties for verification and approval.

The Contractor shall allow sufficient time for snagging inspections and re-inspections for signing of snagging
during the Contract. Should the time agreed between the parties become not available and the Client’s team
need to attend out of hours or increase their manpower to meet the program due to delays by the Contractor
the above rates shall also apply.

At the end of defects notification period, the Client’s team have allowed to carry out 1 nr inspection to agree
with the Contractor any defects that exist and 1 nr re-inspection to confirm that all defects have been rectified
and cleared. Should any additional visits be required by the Contractor, the above rates will apply and will be
charged to the Contractor.

24
CONDITIONS OF PARTICULAR APPLICATION

25
CONDITIONS OF CONTRACT

The Employer and the Contractor agree that, in addition to those that are set out in the Tender (more
particular in Volume 1 of the Tender Documents) the following clarifications, variations, omissions and
additions to the General Conditions shall apply. In so far as any of the Particular Conditions that are set out
in the Tender, the Particular Conditions set out below shall always prevail.

Sub-Clause 1.1.1 The Contract

1.1.1.1 Delete the Clause in its entirety and replace with:

“Contract” means the Contract Agreement, the Notice to Proceed, the Form of Tender, these
Conditions, the Employer’s Requirements, the Specifications, the Schedules, the Contractor’s
Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the
Notice to Proceed.
Sub-Clause 1.1.2 Parties and Persons

1.1.2.2 Delete the Clause in its entirety and replace with:

“Employer” (as may also be referred to as Client) means THAPAR HOMES CONTRACTING LLC.

1.1.2.4 Delete the Clause in its entirety and replace with:

“The Engineer” means Model Engineering Consultants appointed by the Employer to act as the
Engineer for the Project.

At the end, add the following definition:

1.1.2.11 “The Project Manager” means Model Engineering Consultants appointed by the Employer to act
as the Project Manager for the purpose of this Contract or any other person appointed from time
to time by the Employer and notified to the Contractor.

1.1.2.12 “The Architect” means Model Engineering Consultants appointed by the Employer to act as Lead
Designer for the purpose of this contract, or any other person appointed from time to time by
the Employer and notified to the Contractor.

Sub-Clause 1.2 Interpretation

Add the following new bullet in the 1st paragraph:

(e) The references "Clause(s)" and "Sub-Clause(s)" throughout the Contract shall be construed
and interpreted equally."

Sub-Clause 1.5 Priority of Documents

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

‘The Documents forming the Contract are to be taken as mutually explanatory of one another. For the
purposes of interpretation, the priority of the documents shall be in accordance with the following
sequence:

a. The Contract Agreement;

b. The Notice to Proceed;
c. The Form of Tender;
d. The Conditions of Contract Part 2 (Particular Conditions of Contract for Construction) FIDIC First
Edition 1999;
e. The Conditions of Contract Part 1 (General Conditions of Contract for Plant and Design Build) FIDIC
first edition 1999;
f. The Instruction to Tenderers;

26
CONDITIONS OF CONTRACT

g. The Addenda;
h. The Specifications;
i. The Drawings;
j. The Pricing Document;
k. The Tender received from the Contractor; (m) The Schedules;
l. The Contractor’s Proposal and any other documents forming part of the Contract

If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any clarification or
instruction. Moreover, any difference between the requirements of the Drawings and the Employer’s
Requirements/Specifications or any differences noted within the Drawings or Employer’s
Requirements/ Specifications themselves, shall be referred to the Engineer and shall thereupon issue
to the Contractor instructions in what manner and sequence the Works have to be carried out.

Sub-Clause 1.6 Contract Agreement

Replace:

’28 days’ by ’14 days’

Add ‘Tender Documents’ after ‘Particular Conditions’

Sub-Clause 1.7 Assignment

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

“The Contractor shall not assign the whole or any part of the Contract or any benefit or interest in or
under the Contract. However, the Contractor:

a. May assign the whole or any part with the prior agreement of the Employer at the sole discretion of
the Employer, and
b. May, as security in favour of a bank or financial institution, assign its right to any monies due, or to
become due, under the Contract.

The Employer shall, without the consent of the Contractor being required, be entitled to assign or
charge or transfer all or any part of its rights or obligations under this Contract without limitation to an
affiliate of the Employer or to any other party.

Sub-Clause 1.8 Care and Supply of Documents

Insert an additional paragraph:

In line one of the 1st paragraph, replace “custody and care of the Contractor" with "custody and care of
the Employer and Engineer”.

Add the following at the end of the Sub-clause:

‘The Contractor shall comply with the drawings submission and approval procedures as stated in the
Specifications or as required by the Engineer.’

Sub-Clause 1.10 Employer’s Use of Contractors Documents

Delete this Sub-clause in its entirety

27
CONDITIONS OF CONTRACT

Sub-Clause 1.12 Confidential Details

Insert additional paragraphs:

“The Contractor shall treat the details of the Contract as strictly private and confidential, except to the
extent necessary to carry out the obligations under it or to comply with the applicable laws. The
Contractor shall not publish, permit to be published or disclose any documents, drawings,
specifications, diagrams, reports, surveys, calculations, and other information or materials details
concerning the Works and shall not use the Site for the purpose of advertising except with the written
consent of the Employer and subject to the conditions as the Employer may prescribe.”

“All drawings, diagrams, reports, surveys and documents prepared by the Consultant or Contractor
under or in connection with the services shall belong to and copyright therein shall vest in the
Employer.”

“After the completion of the Works, the Contractor shall return all drawings, diagrams, reports, and
surveys prepared under or in connection with the services to the Employer.”

“The obligations contained in this Sub-Clause shall continue notwithstanding the completion of the
Work or the termination of this Contract up to a period of 5 years.”

Sub-Clause 2.1 Right of access to the Site

Delete the words ‘plus reasonable profit’ in sub paragraph (b) and add the following to the end of this Sub-
Clause:

‘The Contractor shall allow the Employer and the Employer’s personnel/contractor access to the site as
and when required for any purpose whatsoever’

Sub-Clause 2.2 Permits, Licences or Approvals

In sub paragraph b), delete (ii) and (iii).

Sub-Clause 2.4 Employer’s Financial Agreements

Delete the Sub-Clause in its entirety.

Sub-Clause 3.1 The Engineer’s Duties and Authority

Add the following:

‘The Engineer shall not order work or delete work from the Contractor nor shall he order the
expenditure of Provisional Sums (if there’s any) for the provision of sections of the Work, material or
equipment, awarding extension of time for completion or settling claims or approving variations, or
issue the Taking Over Certificate or Performance Certificate without the written approval of the
Employer. The Engineer shall have no authority to settle financial claims. This will be done by the
Quantity Surveyor and will be subject to final written approval of the Employer.’

Sub-Clause 3.4 Replacement of the Engineer

Add the following:

28
CONDITIONS OF CONTRACT

‘In the event that the Employer believes that it is not in his best interest to inform the Contractor of his
intention to replace the Engineer, a notification 24 hours prior to the replacement will be given. The
Contractor will be permitted to raise reasonable rejection by notice to the Employer, together with
supporting documentation as appropriate.’

Sub-Clause 4.1 Contractor’s General Obligations

Paragraph 3 item (ii), delete and replace with:

‘The Contractor shall be responsible for the structural integrity of the structure.’

Under sub-paragraph (d), add:

‘The Contractor shall submit five (5) copies of as-built drawings and all other relevant documents and
O&M manuals including five (5) nrs CD containing all submissions.’

Sub-Clause 4.2 Performance Security

Second paragraph, replace:

’28 days’ by ’14 days’.

At the end of the 2nd paragraph, insert the following:

"The Performance Security shall be in the form of a bank guarantee issued either by a local bank located
in Dubai and acceptable to the Employer."

In bullet (b) of the 4th paragraph, replace:

‘(within 42 days)" with "(within 14 days)’

In bullet (c) of the 4th paragraph, replace:

‘(within 42 days)" with "(within 14 days)’

Add the following under paragraph 5:

‘The Contractor undertakes to keep the full of the Performance Bond undiminished and equivalent to
the percentage of the total values of the Works should the value of the Works be increased.’

Sub-Clause 4.3 Contractor’s Representative

Insert an additional paragraph at the end:

‘The Contractor’s representatives and senior staffs are subject to the approval of the Employer.’

Sub-Clause 4.4 Subcontractors

Add at the end of the first paragraph:

‘The Contractor shall impose on all his sub-contractors all the conditions and provisions detailed in these
clauses and sub-clauses and include such conditions and provisions in all Contracts signed with them.’

Add at the end of sub clause (b) add:

29
CONDITIONS OF CONTRACT

‘and Suppliers.’

Add the following to second paragraph after ‘responsible for the’:

‘materials and plant supplied by and’

Add the following to second paragraph after ‘any Subcontractor’:

‘including nominated sub-contractors’

Add the following at the end of the Clause:

‘If any of the Sub-contractor engaged in the execution of the works or executes works or supplying
materials which, in the opinion of the Engineer are not in accordance with the Contract, the Engineer
may, by written notice to the Contractor, order him to terminate such Sub-contract and the Contractor
upon the receipt of such notice shall terminate such Sub-contract. No action under this Sub-clause shall
relieve the Contractor of any of his responsibilities and liabilities under the Contract, or give him right
to any compensation, extension of time or otherwise.’

Sub-Clause 4.8 Safety Procedures

Insert an additional bullet at the end of Sub-Clause:

“(f) The Contractor shall submit Construction Health & Safety Plan to the Employer within 14 days after
receiving the Notice to Proceed, and shall send a copy to the Engineer. The Contractor shall have sole
responsibility for implementing a project safety program and shall accept full responsibility for, and
shall indemnify and hold the Employer, The Employer’s Contractors, Engineer and their representatives
harmless from liability for injury to persons and damage to property arising out of the Contractor's
work. The Contractor shall co-ordinate with other contractors and subcontractors on safety matters
and shall participate in periodic safety meetings with the Engineer. The Contractor's failure to correct
an unsafe condition after notice thereof shall be grounds for an order to suspend operations until the
unsafe condition is corrected and, if the violation continues, termination of this Contract for default
without the need for an order of the court. The Contractor shall furnish safety equipment and enforce
the use of such equipment by his employees.

(g) The Contractor shall submit Weekly HSE Report to the Engineer.”

Sub-Clause 4.9 Quality Assurance

Insert an additional paragraph at the end;

“The Contractor shall institute a quality system to demonstrate compliance with the Requirements of
the Contract. The organisation and management of quality assurance/ quality control procedures and
the responsibility for their implementation shall be set out in a written quality programme (including
full quality plans and manuals) which the Contractor shall submit to the Engineer within 14 days after
receiving the Notice to Proceed. The Programme shall be such as to demonstrate compliance with all
the requirements of the Contract and shall cover all aspects and states of the whole of the Works from
procurement and construction to testing and remedying of defects. The Contractor shall ensure that all
his employees, consultants, Subcontractors and suppliers and all other providing work, services or
goods for the Works are familiar with the quality programme and comply with it. Compliance with the
quality system and the quality assurance/quality control programmes shall not relieve the Contractor
from any of his duties, obligations or responsibilities under the Contract. The Employer reserves the
right to audit any aspect of the system.”

30
CONDITIONS OF CONTRACT

Sub-Clause 4.19 Supply of Water & Power

Insert a new paragraph as follows:

‘The Contractor shall, so far as is reasonable practicable, having regard to local conditions, provide at
the Site, to the satisfaction of the Engineer's representatives, an adequate supply of power and water
for use of Contractor's staff and labour in accordance with relevant authorities’

Sub-Clause 4.21 Progress Reports

Add the following at the end of Sub-Clause:

“The Contractor shall submit to the Engineer daily reports and weekly updates of the construction
progress schedule for review together with a narrative report on the construction progress and shall
particularly note conditions that may delay progress of the Works. In the event of such delays, the
Contractor shall describe action to be taken by him to overcome the adverse conditions and to maintain
the planned construction schedule. If in the opinion of the Engineer the Contractor falls behind the
progress schedule, the Contractor shall take steps as necessary to improve the progress and shall submit
for review to the Engineer revised schedules to demonstrate that the rate of progress will be regained;
all without additional cost to the Employer and without affecting the Employer's right to charge
liquidated damages in accordance with the Contract.”

Sub-Clause 4.23 Contractor’s Operations at Site

Add the following at the end of Sub-Clause:

‘The Contractor’s staff and labour are restricted to the site area only. Use of beach area and adjacent
facilities are not permitted. 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 after due consultation
with the Employer. The Engineer/Client reserves the right to remove or replace personnel for non-
compliance.’

Add The Following Sub- Clauses:

Sub-Clause 4.26 Festival and Religious Customs

‘The Contractor shall, in all dealing with his staff and labours in his employment, have regard to all
festivals, days of rest and religious or other customs in accordance with the laws and customs for the
time being in force in Dubai, UAE.’

Sub-Clause 4.27 Epidemics

“In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and
carry out such regulations, orders and requirements as may be made by the Government, or the local
medical or sanitary authorities, for the purpose of dealing with and overcoming same.”

Sub-Clause 4.28 Compliance with U.A.E. Laws

“The Contractor shall observe and comply with U.A.E. Laws including those relating to imports, exports
and exchange of goods or otherwise in all matters pertaining to the Contract or to continued
competence to perform the Contract. The Contractor acknowledges that the imports and customs laws
and regulations of the United Arab Emirates prohibit, among other things, the importation into the

31
CONDITIONS OF CONTRACT

United Arab Emirates of certain products or components. The Contractor shall conform in all respects
with the provision of any such statute, ordinance or law as aforesaid and regulations or bye- law of any
local or other duly constituted authority which are in full force and effect or promulgated at the time of
signing this Contract and with such rules and regulations of public bodies and companies as aforesaid
and shall keep the Employer and Engineer indemnified against all penalties and liability of every kind
for breach of any such statute, ordinance or law, regulation or bye-law. The Contractor shall be deemed
to have included in his prices, all costs to make any variations in the Works to comply with the
instructions, rules regulations, byelaws and specifications stipulated by the local government
authorities such as Town Planning, Drainage Water and Electricity Departments, Ministries, Civil
Aviation, Etisalat, Civil Defence, even though these are not shown in Contract Documents.

Sub-Clause 4.29 Precaution against Fire

‘The Contractor shall conform to the regulations of the Employer, the Engineer and any other controlling
authority in force at the Site of the Works with respect to the precautions to be taken against fire, as
well as safety and health requirements.’

Sub-Clause 4.30 Explosives, 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. The Contractor shall not use any
explosives without the permission in writing of the Engineer who will require that the Contractor has
complied in full with the regulations in the U.A.E. regarding such use.’

Sub-Clause 4.31 Disorderly Conduct

‘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 neighbourhood of the Works against the same.’

Sub-Clause 4.32 Decennial Liability

‘The Contractor shall be liable for the consequences of errors, omissions or negligence on his part, his
Employees, Agents and Subcontractors and in particular he shall be liable for any defects in the
construction of any part of the Works where such defects are due to any error, omission or negligence
on the part of the Contractor or his Employees, Agents and Subcontractors provided that such defect
become apparent during the period of 10 years from the date of issue of Taking Over Certificate for the
part of the Works in question.’

Sub-Clause 6.5 Working Hours

Add a new paragraph at the end of the Sub-Clause as follows:

“In the event that the Project Manager, Engineer or the Engineer's representatives or other Consultants
or their assistants are obliged to supervise the Contractor's operations in excess of the normal working
hours stipulated in the Appendix B to the Conditions of Contract, or on Fridays or declared public
holidays in the U.A.E., the supervision by the Project Manager, Engineer or the Engineer's
representatives or other Consultants or their assistants of such out of hours working shall be agreed in
advance between the Project Manager, Engineer and the Contractor and approved by the Employer.
The supervision costs shall be paid by the Employer to the Project Manager or Engineer by deducting
the amount from the Interim Payment Certificates of the Contractor. Such costs recovered by the
Employer will be limited to the cost of an Inspector(s), working the hours agreed with the Project
Manager and Engineer at the rates stated in Appendix B to the Conditions of Contract.”

32
CONDITIONS OF CONTRACT

Sub-Clause 6.6 Facilities for Staff and Labour

First paragraph, replace ‘Employer’s Personnel’ with:

‘Employer and Consultants’

Sub-Clause 6.8 Contractor’s Superintendence

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

‘Prior to commencement of any work, the Engineer shall have the right to interview any of the staff for
the project before final approval is given. The Engineer shall have the right to request the Contractor to
replace any of the Contractor’s or Sub-contractor’s staff if, in the opinion of the Engineer, such staff are
not performing their duties satisfactorily.’

Add The Following Sub- Clause:

Sub-Clause 6.12 Alcoholic Liquor or Drugs

“The Contractor shall not 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 the Contractor's Personnel. No
alcohol or drugs allowed on the site; including site office, compound, labour camp or any other places
in the properties boundary.”

8.3 Programme

Delete first sentence, first paragraph and replace with the following:

‘Within seven (7) days from the date of the Notice to Proceed, the Contractor must provide a fully
detailed bar chart and network analysis using Primavera or an approved computer generated software
programme in accordance with the Conditions of Contract.’

Insert at the end of bullet (b) of the 1sr paragraph the following:

“and submit a detailed time programme of the completion of the scope of works carried out by
Nominated Subcontractor as key dates.”

Add a new bullet to the end of the 1st paragraph as follows:

“(e) Key dates by the Engineer/Employer's representatives to review and/or approve the
Contractor's Documents and/or other submittals by the Contractor.”

Last paragraph, delete the wordings ‘the Contractor shall submit a revised programme to the Engineer in
accordance with this Sub-clause’ and replace with:

‘the Contractor shall submit a revised programme to the Engineer within 7 days in accordance with this
Sub-clause.’

Add the following at the end of the Sub-clause:

‘The Contractor shall be deemed to have included within his programme appropriate details of all
proposed Nominated Subcontract Works and shall not be entitled to any extension of time or
compensation for delay in the event that any such subcontract works are instructed to be carried out
except as stipulated under Sub-Clause 4.4 [Subcontractors].

33
CONDITIONS OF CONTRACT

The Contractors shall, within 7 days after receiving the Notice to Proceed, provide for the Engineer for his
information a preliminary cash flow estimate in monthly periods, of all payments to which the
Contractor will be entitled to under the Contract.

Upon obtaining The Engineer’s consent on the preliminary cash flow estimate, a detailed cash flow
estimate of works shall be submitted within a further 4 days.

The Contractor shall subsequently provide updated cash flow estimates at monthly intervals, unless
otherwise instructed by the Engineer.’

Sub-Clause 8.4 Extension of Time for Completion

Add the following new paragraph after the 1st paragraph of Sub-Clause 8.4: "but provided that

(a) The delay can be clearly demonstrated to be on, or be reliant upon, the critical path on the
programme; and
(b) The Contractor can demonstrate to the Engineer that he has used his best endeavour to mitigate such
delay.”
(c) No EOT to be granted without Written approval from Client/Employer.

Sub-Clause 8.5 Delays Caused by Authorities

Delete this Sub-clause in its entirety.

Sub-Clause 8.7 Delay Damages

Add the following at the end of the Sub-clause:

‘Should the delay damages exceed ten percent (10%) of the Contract Value, the Employer shall be
entitled to terminate the Contract under Clause 15 and take over the Works and employ other persons
to carry out the same at the cost of the Contractor. In addition, the Contractor shall be responsible for
all costs consequent thereon or incidental thereto, including supervision cost and the cost resulting from
delay.

In addition to the delay damages, the Contractor shall bear the additional cost for the Engineer’s fees
during the periods of delay and of work outside normal working hours. The said additional cost shall be
calculated on the basis of the normal payment to the Engineer and shall be deducted from monies due to
the Contractor.’

An interim delay penalty shall be applicable to the interim payment certificates. This penalty shall be
reimbursed if the contractor mitigates the delay in subsequent invoice.

Sub-Clause 11.1 Completion of Outstanding Work and Remedying Defects

Add the following at the end of the Sub-clause:

‘Snagging and defects procedure is as per Client /Employer Requirement. The procedure shall be
procedure is as follows:

a) The Contractor requests for inspection;

b) Engineer/Project Manager/Client will execute inspection and snagging list will be provided to the
Contractor for rectification;
c) The Contractor rectifies the defects based on the snagging list. Once rectification of defects is
complete, the Contractor shall notify and request the Engineer for final inspection;

34
CONDITIONS OF CONTRACT

d) Engineer/Project Manager/Client will execute the final inspection. If defects are found to be
outstanding, the Contractor shall complete the rectification works to the satisfaction of the
Engineer however the additional inspections by the Engineer/Project Manager/Client shall be charged
to the Contractor.

Sub-Clause 11.11 Clearance of Site

Add the following at the end of the Sub-clause:

‘The Contractor shall comply with the Dubai Municipality and Public Authorities Regulations regarding
final site clearance and obtain all relevant approvals and certificates, if any.’

Sub-Clause 12.1 Works to be measured

Delete this Sub-clause in its entirety

Sub-Clause 12.2 Method of Measurement

Delete this Sub-clause in its entirety

Sub-Clause 12.3 Evaluation

Delete the wording of bullet (a) i to (a) iv

Sub-Clause 13.1 Right to Vary

Add a new paragraph at the end of the Sub-Clause as follows:

“Unless otherwise agreed, all variations instructed under this Sub-Clause 13.1 [Right to Vary] and Sub-
Clauses 13.2 [Value Engineering] and 13.3 [Variation Procedure] (for the purpose of this clause referred
to as “Varied Work”) shall be valued at the rates and prices set out within the Pricing Document and
Schedule of Rates or other applicable schedules.

If the Pricing Document or Schedule of Rates does not contain any rates or prices applicable to the
Varied Work, the rates and prices contained within the Pricing Document or other applicable schedules
shall be used as the basis for valuation so far as may be reasonable, failing which, suitable rates or prices
shall be agreed upon between the Engineer and the Contractor. In the event of disagreement the
Engineer shall make a fair determination in accordance with Sub-Clause 3.5 [Determinations] of the
Contract, taking due regard of all relevant circumstances and shall notify the Contractor accordingly,
with a copy to the Employer.”

Sub-Clause 13.4 Payment in Applicable Currencies

Delete the Sub-Clause in its entirety

Sub-Clause 13.7 Adjustments for Changes in Legislation

Delete the Sub-Clause in its entirety

35
CONDITIONS OF CONTRACT

Sub-Clause 13.8 Adjustments for Changes in Cost

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

‘The amounts payable to the Contractor shall be fixed and not to be adjusted for rises or falls in the cost
of labour, Goods and other inputs to the Works.’

Sub-Clause 14.1 The Contract Price

Delete Sub-Clause 14.1(a) and substitute:

a) the Contract Price shall be the Accepted Contract Amount and be subject to adjustments in
accordance with the Contract.

Sub-Clause 14.2 Advance Payment

Add the Following at the end of the sub-clause:

The money received by the Contractor shall be used to secure advance orders for materials, mobilisation,
sub-contractors etc. related to the project.

Sub-Clause 14.3 Application for Interim Payment

First paragraph, replace:

‘six copies’ with ‘three copies’.

Sub-Clause 14.5 Plant and Materials intended for the Works.

Seventh paragraph, first line, replace:

‘Eighty percent’ with ‘Zero’

Sub-Clause 14.8 Delay Payment

Delete Sub-Clause in its entirety.

Sub-Clause 14.9 Payment of Retention money

Delete the 1st and 2nd paragraphs and refer to Appendix A

Sub-Clause 16.1 Contractor’s Entitlement to Suspend Work

In paragraph 1, delete:

‘Sub-clause 2.4 Employer’s Financial Arrangements’.

In paragraph 2, delete:

‘Financing charges under Sub-clause 14.8 delayed payments.’

36
CONDITIONS OF CONTRACT

Sub-Clause 16.2 Termination by Contractor

Delete sub-paragraph (a).

Add The Following Sub- Clause:

Sub-Clause 18.5 Application of Insurance Monies

“Should the Works or any part thereof or any of the Materials or other things be damaged or lost during
the continuance of any of the insurance aforesaid by any risk insured against, the Contractor shall
proceed with the utmost dispatch to make good such damage or loss. Every sum of money received by
the Employer from the policy or policies, will in turn be paid to the Contractor by such instalments as
the Engineer shall deem proper and certify, having regard to the progress made by the Contractor in
making good the damage or loss aforesaid if any, so far as damage or loss ought, in the opinion of the
Engineer, to be made good for the proper conduct of the Works or the construction, completion and
maintenance of the Works. If and so as the said monies shall not be required for the purposes aforesaid
they shall, upon the directions in writing of the Engineer be paid over to the Contractor. If and so far as
such monies shall be insufficient for the purposes aforesaid, the deficiency shall be borne by the
Contractor.”

Sub-Clause 20.6 Arbitration

Delete the content of the existing Sub-Clause in its entirety and substitute with the following:

“In the event the amicable settlement fails within one (1) month of its referral to the other party, or
such longer period as the Parties agree, the dispute shall be finally settled by arbitration in the Emirate
of Dubai and shall be conducted pursuant to the Rules of Arbitration of the Dubai Commercial
Conciliation and Arbitration Centre/Dubai International Arbitration Centre (DIAC) (the "Rules") in force
when the arbitration begins. Arbitration shall be conducted in the language for communications defined
in Sub-Clause 1.4 [Communications], and shall be before three arbitrators appointed in accordance with
the said Rules. The arbitration decision shall be final and binding on both Parties and judgment upon
the award of the arbitrators shall be entered into any court having jurisdiction thereof. If a dispute,
claim or difference is referred to in accordance with the aforesaid to arbitration the Parties shall
nevertheless continue to perform their respective obligations under this Agreement. Each Party to the
arbitration shall bear their individual costs of the arbitration.

If either Party fails to appoint its arbitrator within the appointed time, or if a decision as to the
appointment of the third member cannot be reached within 28 days from the appointment of the
member by the either parties, the matter of appointment of such members shall be referred by either
party to the Dubai Commercial Conciliation and Arbitration Centre. The said Arbitral Tribunal shall have
the full power to open up, review and revise any decision, opinion, instruction, determination,
certificate or valuation of the Engineer related to the dispute.

All costs of arbitration shall initially be shared equally between the parties, but the Arbitral Tribunal
shall have the right when making its awards to allocate such costs between the parties as it shall see
fit.’

Add The Following Sub- Clause:

Sub-Clause 21 Bribery and Corruption

“Any commission, advantage, gift, gratuity, reward or bribe given, promised or offered by or on behalf
of the Contractor his agent or servant or any other person on his or their behalf to any officer, servant,

37
CONDITIONS OF CONTRACT

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 any other Contract with the Employer shall, in
addition to any criminal liability which may be thereby incurred, subject the Contractor to the
cancellation of this and all other Contracts with the Employer and also to the payment of any loss or
damage resulting from such cancellation.”

38
FORM OF AGREEMENT

39
 MODEL FORM OF AGREEMENT

THIS AGREEMENT made on the -------------Day of ------------2024.

BETWEEN THAPAR HOMES CONTRACTING LLC United Arab Emirates (hereinafter called “ the Employer") of
the one part,

AND

Soiltech Piling & Foundation L.L.C., PO Box 92776 , Dubai, United Arab Emirates, hereinafter called "the
Contractor" of the other part.

WHEREAS the Employer is desirous that the works as described in the contract documents and shown on the
drawings be carried out and has accepted a tender by the contractor for the development, construction,
completion of Enabling Works, maintain and remedying of any defects therein of the project, Proposed
B+G+1+R Residential Villa on Plot No.3940195 (R39), At AL Thanyah Fourth Dubai, UAE within the contract
period.

AND WHEREAS the contractor undertakes to complete, maintain and deliver up the whole of the said works,
within the contract period.

NOW THIS AGREEMENT WITNESSETH as follows:

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

2. The following documents shall be deemed to form and be read and construed as an integral part of this
Agreement, viz:

a) Quotation ref- ST23-BK-su-Q-603_R02 Dated 26 th January 2024.

b) The Conditions of Contract.
c) Appendix 'A', A1 and forms
d) Bulletins, facsimiles and letters issued during the Tender period. NA
e) Post tender correspondence. NA
f) The Drawings, as listed in Volume 4.
g) The Specifications and Other Documents.
h) The Pricing Schedule and All Schedules/ Work Schedule in Primavera Start date on 1st Feb
2024, Work Completion date on 1st May 2024.
i) Letter of Award.

All documents that in their aggregate make up this Contract shall be mutually explanatory,
complimentary and additive and not alternative.

3. The Contractor undertakes and warrants the following being allowed for under this Agreement.

a) To employ the highest international standards of workmanship, the best materials of their
kind, and the highest degree of proper and efficient superintendence for the Works.
b) To be responsible for coordinating his work with various Sub-contractors employed on the
Works; coordinating the work between various trades whether employed directly or on a Sub-
contract basis; obtaining all the necessary information from Sub-contractors for the purpose
of the overall programming of the Works; supplying all the normal attendance to all Sub-
contractors and assuming the overall responsibility for the aforesaid.

40
 4. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to develop, construct, equip,
commission, complete and maintain the Works in conformity in all respects with the provisions of the
Contract and do all acts and things arising from, necessary for and coincidental to the satisfactory
performance of the Contractor's obligations under the Contract.

5. The Employer hereby covenants to pay the Contractor in consideration of the development,
construction, equipping, commissioning, completion of the Works and the remedying of any defects
therein, the Contract Price at the time and in the manner prescribed by the Contract.

IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first
above written:

Contract value : AED 1,600,000.00

Amount in words : ONE MILLION SIX HUNDRED THOUSAND ONLY

Contract Period : 3 MONTHS (START DATE ON 1ST FEB 2024, WORK COMPLETION ON

1ST MAY 2024).

SIGNED, SEALED AND DELIVERED BY:

THAPAR HOMES CONTRACTING LLC

Employer :

Signature :
MR. INDER MOHAN THAPAR
Name :

Address : PO Box. 116072, Dubai, UAE.

Contractor : SOILTECH PILING & FOUNDATION L.L.C.

Signature :

Name : MR. AYMAN KHALAF REFAEI BEKHIT

Address : PO Box. 92776

Witnessed by : MODEL ENGINEERING CONSULTANTS

Signature :

Name : MR. RAMESH TOLANI

Address : PO Box. 26369

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