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P.O.Box. 90842 Dubai, UAE., Tel. 04 255 6661 Fax. 04 255 6669
P.O.Box. 3346 Sharjah, UAE., Tel. 06 574 2226 Fax. 06 574 4848
P.O.Box. 110363 Abu Dhabi, UAE, Tel. 02 558 8458 Fax. 02 558 8459
SUB-CONTRACTORS
RE-MEASURED CONTRACT AGREEMENT
No: 028/02/RM
Description of Work
JOB NO.
1. PREAMBLE
This Contract Agreement made the day of 27/04/2016 between:M/s Asia Prime General Contracting Company LLC, PO Box: 90842, Dubai, UAE, Tel: 04 255 6661, Fax: 04
255 6669, hereinafter referred to as the Main Contractor of the one part, and M/s Desert Roofing & Flooring LLC,
P.O. Box 185, Dubai United Arab Emirates. Tel: 04 3331003, Fax: 04 3331427, hereinafter referred to as the Subcontractor of the other part. Unless any Party notifies the other Party in writing of any changes, the above P.O.
Boxes and Fax Numbers are the recognized addresses for all official communication and correspondence related
to this Contract. Whereas, the Main Contractor has entered into a Contract ( hereinafter called the Main Contract )
with the Employer to execute the above Job ( also called Project ) and is desirous that the Works described in
Clause 4 should be executed, completed and maintained by a specialist Sub-contractor, and Whereas, the Subcontractor, having inspected the Site and its surroundings and having made himself fully aware of all the Contract
Documents, has accepted to execute, complete such work and remedy any defects therein, because he has the
experience, abilities, capabilities, and necessary licenses to do so. Now the two parties agree as follows:
2. DEFINITIONS
2.1 Employer means the person or firm that owns the works which have been awarded to the Main
Contractor.
2.2 Engineer means the person appointed by the Employer to act as engineer for the purpose of the
works.
2.3 day means calendar day.
2.4 writing means any handwritten, typed, or printed communication, including fax transmission and e-mails.
3.
CONTRACT DOCUMENTS
3.1. The following documents shall form the Contract.
(a) This Agreement
(b) Conditions and specifications of the Main Contract
(c) Specifications : as per drawings and described BoQ
(d) Letter of Intent: Ref. APGC/DR/29/03/002 dated 31st March 2016
(e) Appendix 1: Bill of Quantities (denoted by BoQ). The Quantity in BoQ is indicative in accordance with sub
clause 5.1(a).
(f) Appendix 2 : Undertaking Letter
(g) Appendix 3: Projects Main Programme.
3.2. Contract documents shall be mutually explanatory, complementary and additive, but not alternative
3.3. In case of discrepancy, documents shall take precedence as per the sequence in Sub-Clause 3.1.
test
warranties and
guarantees
4.1. Supply, apply, remedy any defect, maintenance and handing over of complete Waterproofing Works (as per
Appendix I) all as per the contract documents, approved drawings & material, and to the approval of the
concerned Authorities, the Employer, Engineer and the Main Contractor.
4.2. Work also includes (expenses to be borne by the Sub-contractor):
(a) Preparation and Submission of: Drawings & Design Calculations, Shop Drawings, Material, Samples,
and As Built drawings to the approval of the Main Contractor, the Engineer, the Employer and
Authorities.
(b) To provide all mobilization, Labor, materials, equipments, travel, incidentals, Safety (helmet, shoes
etc..) & supervision for complete water proofing package as per this subcontract agreement in complete
satisfactory compliance of Employer.
materials and
(c) Obtaining necessary approvals from Employer & local authorities to ensure that the works are carried
workmanship
out to their latest regulations and rules.
(d) Handing over the works to Main Contractor / Employer Authorities / Parties.
(e) Providing: hard and soft copies of approved shop drawings and As Built drawings, operating &
maintenance manuals as required, guarantees for plant supplied under this Agreement ( payment
against such plant & fittings shall be made only after guarantees have been provided ), and training as
required.
Page 2 of 10 F11-05a Rev.0
(f)
issued by the
(removal of any Employer or
layers
willauthorities
Maintaining the work free of charge for the Defects Liability Period shown in finishing
sub clause 6.1
and remedy
any
whichev
be
by
the
SC)
defects therein, including replacements of plant and material if required.
come latest
(g) Ten (10) years warrantee certificate for Waterproofing of Substructure + Wet Areas + Swimming pool Deck
+ Planters + Roof shall be submitted for materials & workmanship by the subcontractor at no extra cost to us.
Subcontractors warrantee shall be operative from the date of issue of projects completion certificate and shall
be valid for a period of 10 calendar years from initial handing over date of the project.
(h) All workmanship in waterproofing systems shall be free from any defects and comply with all respects to the
manufacturers technical instruction and control. Any work damaged by a failure to provide protection required
above shall be removed and replaced at the sub-contractor expense.
(i) Subcontractor is responsible for protection and masking of adjacent surfaces or finishes.
(j) All Shop Drawings to be prepared in sound of contractual drawings and specifications.
(k) Provide all safety tools and any required fire extinguishers/tools as per health, safety and environmental
standards.
project
(l) The waterproofing works including
but not limited to preparatory work including concrete surface preparatory
specifications
finish works, membrane welding (wherever required) protection of membrane during construction.
(m) The sub-contractor shall provide all member of membrane and protection board over lap as per manufacturer
recommendation & Engineer approval.
and material
5.
FINANCIAL:
The Unit Price is fixed. No claim shall be entertained for any increase in the price due to fluctuations in the cost of
labour, material, and statutory duties, charges, etc.
5.1. Contract Sum :Sum payable to the Subcontractor against the scope work:
AED
1,639,821.50
(Total Amount: Dirhams One Million Six Hundred Thirty Nine Thousand Eight
Hundred Twenty One and Fifty Fils Only)
of
6.
or Authorities
GENERAL OBLIGATIONS
7.1. The Sub-contractor shall :
method statement
(a) The subcontractor shall be responsible to execute the complete waterproofing works, as per specification
and according to Dubai Municipality (DM) regulation, mobilization, de- mobilization and to obtain approval
through Main Contractor for provide complete technical submittal, submit and obtain approval on your
materials, shop drawings, supply, apply, remedy any defect, maintain and handing over of complete
test (water
for test
waterproofing works. The subcontractor shall execute the works and all related activities
in accordance
to
whom?and as per
approved materials, shop drawings & approved method of statement as per contractby
document
the approval of the Employer/Project Manager/Engineer/Main Contractor.
(b) The subcontractor scope of works includes thermal & moisture protection of substructure waterproofing of
raft foundations, basement retaining walls & floor, pits wall, lift pits, sump pits and all tanking system
complete with cleaning of surface of blinding concrete with air compressor, torch applied SBS modified
elastomeric bituminous membrane in two (2) layers of 5 mm thick 200grm/m2 including one coat of primer
ASTM D-41 with recommend and approved overlap horizontally & vertically and a 6 mm thick protection
(c)
(d)
(e)
(f)
(g)
(h)
(i)
board for vertical surfaces is to be provided including angle fillets at the corners. All retaining walls shall
have control joints with spacing not exceeding 8mm which are to be filled with approved sealing materials
all as per the approval of employer/engineer/main contractor.
The subcontractor scope of works includes thermal & moisture protection of waterproofing compound to
bathrooms, kitchens, service area and other wet areas all in accordance with contract specification, drawing
(A4-27h) & all as per approved materials by engineer. All application of materials shall be in line with the
approved method of statement and all as per manufacturers recommendations
The subcontractor scope of works includes thermal & moisture protection of roof waterproofing system
complete as specified and as detailed on contract drawings (A7-01 and A7-01a). Light weight foam
concrete average thickness 70mm thick, having density of 650-750kg/m3 laid to slop towards the drain
(supply of cement on main contractor scope), cleaning of surface of foam concrete with air compressor,
torch applied APP modified elastomeric bituminous membrane in one (1) layers of 4 mm thick 180grm/m2
including one coat of primer ASTM D-41 with recommend and approved overlap horizontally & vertically,
100 mm thick thermal insulation foam extruded clamped cell polystyrene board of thermal conductivity of
0.035W/MK from M/S Roofmate as per Dubai municipality regulations, complete with fixing of grooves
(where required) in upstand, aluminum flashing 1mm thick, trims, sealants, dressing of rain water outlets,
pipe sleeves, air wells and all penetrations all as required and approved by engineer for achieving a
complete watertight waterproofing system to meet and to comply with all stipulated guarantees as per the
contract documents.
The subcontractor scope of works includes thermal & moisture protection of swimming pool deck
waterproofing as specified and as detailed on contract drawings (A7-01 and A7-01a). One layer of
waterproofing membrane 4 mm thick SBS modified bitumen membrane reinforced with 180grm/m2 nonwoven polyester, one layer of waterproofing membrane 25cm wide reinforcing strips with one coat of primer
according to ASTM D-41 & 50 mm thick extruded insulation with density of 48kg/m3 from M/s Roofmate as
per Dubai municipality regulation all as required and approved by engineer for achieving a complete
watertight waterproofing system to meet and to comply with all stipulated guarantees as per the contract
documents.
The subcontractor scope of works includes thermal & moisture protection of planters waterproofing as
specified and as detailed on contract drawings (A7-01a). Light weight foam concrete laid to slop towards
the drain (supply of cement on main contractor scope), cleaning of surface of foam concrete with air
compressor, torch applied SBS modified elastomeric bituminous membrane in one (1) layers of 4 mm thick
200grm/m2 & one (1) layer of anti-root waterproofing membrane including one coat of primer ASTM D-41,
6 mm thick protection board, loose laid geotextile separation layer of 140grm/m2 with recommend and
approved overlap horizontally & vertically, complete with dressing of rain water outlets, pipe sleeves, air
wells and all penetrations all as required and approved by engineer for achieving a complete watertight
waterproofing system to meet and to comply with all stipulated guarantees as per the contract documents.
The subcontractor shall submit to the engineer/main contractor a guarantee certificate stating that all
waterproofing work has been carried out in accordance with the drawings and specifications and shall be
guaranteed free from defects in material and workmanship and shall be leak-proof for a period of ten (10)
years from the date of issuance of the completion certificate. The subcontractor shall agree to repair
(including any replacement of materials) any leaks resulting from defective materials or workmanship during
the guarantee period at no additional cost to the employer/engineer/main contractor. Also handover of all
guarantees provided by the subcontractor and manufacturers or individual members of the waterproofing
system.
The subcontractor completely understand the environmental condition for performing waterproofing works.
Do not lay waterproofing membranes in high winds, wet or damp conditions or in extreme of temperature
unless effective temporary covering is provided over working areas & protect edges of laid membrane from
wind action. During end of working day or incomplete works provide temporary seal to prevent water
infiltration. Completed membrane works shall be protected by subcontractor from chemicals, traffic and
adjacent or high level working. Complete water test for completed waterproofing works shall be done
without any additional cost to main contractor.
The subcontractor completely understand the laying of waterproofing system by specialist staff having
minimum experience of five (5) years furthermore second party shall submit method of statement for each
scope of waterproofing works. The waterproofing works shall not commence prior to written order by the
engineer. All materials related to waterproofing works especially membranes shall be stored as
recommended and approved by the manufacturer & engineer, each roll and/or container must bear and
unbroken seal and label of the manufacturer.
(j) The subcontractor shall ensure that the surface to be inspected by engineer against moisture content of
concrete before applying primer. Ensure that the substrate is sufficiently dry to prevent pin holing of
membranes and to prevent lack of bond of membrane to substrate. No works will be undertaken until all
adverse/ rectification work completed as per the satisfaction of the engineer.
(k) The subcontractor shall renew
trade license and submit before starting at site. Should be
formthe
theexpired
consultant
authorized from manufacturer as an applicator, obtain approval of materials, method statement and shop
drawings.
(l) The subcontractor shall comply with warranty/guarantee as per project requirements, comply with safety
regulations requirements, to comply with project specifications/drawings without any cost to First Party and
to submit site supervision team.
(m) All loading / offloading of materials and their movement within the site, lifting, shifting and hoisting to final
position of all equipments irrespective of their weights therefore, all necessary tools, tackles, equipment,
etc., required for carrying out works at site including the material handling equipment etc., will be the subcontractor responsibility.
(n) Be responsible (free of cost) for charge & discharge the water for testing, in case failure of the
waterproofing.
(o) Be fully responsible for any violation of U.A.E laws, (by himself or by his labour).
(p) Be responsible and at his own expense for the following for his laborers: transportation, accommodation,
safety, injuries, and insurance.
(q) All above requirement of manpower & vehicle will be borne by sub-contractor.
(r) All complete waterproofing works shall be water tested for a minimum of 48 hours by filling the water tank
with water all as per instruction of Engineer (if required).
(s) Be responsible for compliance with the Site safety rules and for the protection of his works and adjacent
works.
(t) Design/Check the design of scope work, and undertake that such design is correct and compliant with the
requirements of concerned Authorities. Any alterations required to correct the design or to comply with
Authorities requirements shall be the responsibility of the Subcontractor and at his own expense unless the
Main Contractor is paid by the Employer against such alterations.
(u) Indemnify the Main Contractor against any liabilities, claims, damages, expenses incurred by the Main
Contractor as a result of any breach by the Subcontractor of this Contract Agreement.
(v) Provide at his own expense, unless otherwise mentioned, all labor, material, equipment, tools, scaffolding,
testing, etc. quantitatively & qualitatively necessary for the timely execution, completion and maintenance of
the scope work.
(w) Be obliged, if so requested by the Main Contractor, to attend any meetings or inspections.
(x) Coordinate the work with that of other Sub-contractors under the supervision of the Main Contractor. The
Subcontractor shall be liable for any expenses or damages resulting from his default in this regard.
(y) Not assign this Contract nor sublet the Contract work or any part of it without written consent of the Main
Contractor.
(z) Use people sponsored by him. Any violations in this regard shall be solely the Subcontractors
responsibility.
(aa) Not make any direct contact with the Engineer and/or the Employer in connection with this Job. The
Subcontractor shall inform the Main Contractor of any contacts with him made by the Engineer or the
Employer.
(bb) Replace, at his own expense, any material or work which is defective or otherwise not in accordance with
the Contract.
(cc) Be responsible for any deductions decided by the Engineer for noncompliance with specs and/or bad
workmanship.
(dd) At all times, keep the site clean of any dirt, debris, and surplus material resulting from his work. Upon the
issuance of the Taking-Over Certificate, the Subcontractor shall clear away and remove all equipment and
temporary works unless they are required for fulfilling his obligations in the Defects Liability Period.
(ee) Subcontractor agrees to comply with all statuary or contractual safety requirements applying to this works
as per the Employer. In the event that the subcontractor violates any safety requirements which, by
Page 6 of 10 F11-05a Rev.0
direction of any governmental authorities result in suspension of work on the project, in whole or in part, or
a fine, subcontractor shall be liable for all damages or expenses resulting to such suspensions, or fines.
(ff) All cutting and chipping to perform subcontractors scope of work, by the subcontractor.
(gg) Safety & quality plan must be applied.
(hh) All works shall be done according to manufacturer recommendations and material shall be applied as per
approved drawings.
7.2. Without liability towards the Subcontractor, the Main Contractor shall provide:
(a) Electronic files of drawings related to the work. Sub-contractor to use such files to produce his own shop
drawings and As Built drawings retaining the names and Logos of ASIA and the Engineer.
(b) Electricity & Water at the Site at points as reasonably decided by the Project Manager/Engineer.
8.
VARIATION IF ANY
8.1. The Subcontractor, if instructed in writing by the Main Contractor, shall do any variation work, viz. increase or
decrease the quantity of any work included in the Contract, omit any such work, change the character or quality
of such work, change the levels or position or dimensions of such work, execute any additional work, and
change any sequence or timing of any part of the work.
8.2. The varied work shall be valued at the rates and prices set out in the Contract for similar or analogous works.
If the Contract does not contain rates or prices applicable to the varied work then, using the Contract rates &
prices as the basis, suitable rates or prices shall be mutually agreed upon. In the event of disagreement, the
Main Contractor shall determine provisional rates & prices as are, in his opinion, appropriate. Such temporary
rates & prices shall be used until agreement is reached.
8.3. The Subcontractor shall strictly have no right to claim any money or time extension against variation work if
such a claim is not submitted to the Main Contractor within 14 days from the date of receiving the written
instruction to do the variation work.
8.4. Variation shall not relieve the Subcontractor from his obligations & liabilities under this Contract.
8.5. Provided that the total value of all varied works shall be within 25% of the Contract Price.
8.6. Save as aforesaid, the Subcontractor shall not make any alteration in or modification of the scope works.
9.
damages for delay in completion (if any) and all other expenses incurred by the Main Contractor have been
ascertained and the amount thereof certified by the Main Contractor. The Subcontractor shall then be entitled to
receive only such sum (if any) as would have been payable to him upon due completion by him after deducting
the said amount. If such amount exceeds the sum that would have been payable to the Subcontractor on due
completion by him, then the Subcontractor shall pay to the Main Contractor the amount of such excess. The
Main Contractor may recover such excess from any money belonging to, due, or shall become due, to the
Subcontractor including the seizure of the Performance Security.
10. URGENT REMEDIAL ACTION
If, by reason of failure or accident or any other event, any remedial or other work is urgently necessary for the
safety of the Works and the Subcontractor is unable or unwilling at once to do such work, then the Main
Contractor shall be entitled to employ and pay other persons to carry out such work. If the work or repair so
done is work to which the Subcontractor is liable under the Contract, then all costs consequent thereon or
incidental thereto shall be recoverable from the Sub contractor.
11. In case of a dispute arising from the interpretation or execution of this Agreement, such dispute shall be:
11.1. Settled amicably between the two Parties.
11.2. Referred to the Local Court under the jurisdiction of UAE Law.
MAIN CONTRACTOR
SUB-CONTRACTOR
AUTHORISED SIGNATORY:
AUTHORISED SIGNATORY:
APPENDIX I
Specifications & Breakdown for Water Proofing Work:
S.N.
Description
Unit
Qty.
SUB-STRUCTURE WATERPROOFING
SBS Modified bitumen membrane in Two (2)
layers, torch applied, reinforced with nonwoven polyester fiber, under raft foundation
1. including primer (ASTM D 41) Indever Primer m2 6,583.00
+ Indeseal Bitumen membrane 5mm thick
200 Gr/m2. All as per client/consultant
approval
SBS Modified bitumen membrane in Two (2)
layers, torch applied, reinforced with nonwoven polyester fiber, under raft foundation
2. including primer (ASTM D 41). Indever Primer m2 4,645.00
+ Indeseal Bitumen membrane 5 mm Thick
SBS 200 Gr/m2. All as per client/consultant
approval
Protection Board to vertical surfaces
3. Indeboard 6mm thick. All as per m2 4,645.00
client/consultant approval
WET AREA WATERPROOFING
Floors for Kitchen and Toilets, Cold Applied
Damp Proofing as per Specs J-30, Two (2)
Coats of liquid applied water proofing with
4. Ten (10) Years Warranty against any m2 6,300.00
leakage. Mariseal 270 Black 1.5 mm Thick
polyurethane Liquid membrane. All as per
client/consultant approval.
5. Optional
LM
Upstands
SUPER STRUCTURE (ROOF WATERPROOFING)
Floor, Lightweight foam concrete average
6. thickness 100mm, having a density of 650 to m2 6,150.00
750 kg/m3. All as per client/consultant
approval.
Roof, One (1) layer of 4 mm thick reinforced
waterproofing membrane APP 25 cm wide
7. reinforcing strip including primer (ASTM D m2 6,680.00
41). Indemastic Primer + 4 mm thk Indeseal
APP Memebrane 180 Gr/m2. All as per
client/consultant approval.
One layer of 4mm thick bitumen
waterproofing membrane, reinforced with
8. polyester including primer (ASTM D 41). m2 6,680.00
Indemastic Primer + 4 mm thk Indeseal APP
Memebrane 180 Gr/m2. All as per
client/consultant approval.
S.N.
Description
Unit
Qty.
9.
m2
6,150.00
Rate
Amount
48.00
315,984.00
48.00
222,960.00
25.50
118,447.50
25.00
157,500.00
10.00
Rate Only
6.00
36,900.00
25.50
170,340.00
25.50
170,340.00
Rate
Amount
58.00
356,700.00
2,100.00
17.00
35,700.00
2,100.00
8.00
16,800.00
2,100.00
10.00
21,000.00
79.00
25.50
2,014.50
79.00
32.00
2,528.00
121.36
50.00
6,068.00
41.00
6.00
246.00
80.00
50.00
4,000.00
41.00
3.50
143.50
86.00
25.00
2,150.00
Thousand Eight
1,639,821.50