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Contents
1.0
Instructions to Tenderers
1.1
Tender Documents
1.2
Contract type
1.3
1.4
Site Location
1.5
1.6
Standard Documents
1.7
Site Inspection
1.8
Tender Queries
1.9
Discrepancies
1.10
Completion of Documents
1.11
Interpretation of Documents
1.12
1.13
1.14
1.15
Labour Regulations
1.16
Subcontracting
1.17
Confidentiality of Tender
1.18
Form of Contract
1.19
Letter of Tender
1.20
Submittal Stage
1.21
1.22
Evaluation of Tenders
1.23
Validity of Tender
1.24
Performance Bond
1.25
1.26
Insurances
ITT Page 2 of 45
2.0
2.0
Letter of Tender
2.1
Appendix A -
2.2
Appendix B -
2.3
Appendix C -
Subcontractors
2.4
Appendix D -
2.5
Appendix E -
Method Statement
2.6
Appendix F -
2.7
Appendix G-
2.8
Appendix H -
2.9
Appendix I -
2.10
Appendix J -
2.11
Appendix K -
2.12
Appendix L -
2.13
Appendix M -
2.14
Appendix N -
ITT Page 3 of 45
Instructions to Tenderers
1.1
Tender Documents
This document constitutes an integral part of and must be read in conjunction with the set of documents
issued to Tenderers, requesting offers be submitted for the Fit out Works for Bloomingdales, Al
Maryah Central, Abu Dhabi UAE.
Tenderers are to consider Macys and Bloomingdales as separate projects / packages and are required
to price and submit each project individually. The Employer has the right to decide whether to award
either one or both of the packages to the successful Tenderer without providing any further justification.
Please be advised that no adjustments to the subcontract price shall be entertained should a single
project be awarded
The Tenderer is advised to read these instructions carefully and to ensure that he has complied
therewith in all respects on submitting his Tender. Failure to do so may result in rejection of the Tender.
No claim will be entertained on the grounds of failure to read or comply with these instructions and/or for
any alleged misunderstanding of their importance.
1.2
Contract type
The Contract is to be a Lump Sum Fixed Price Contract and the Tenderer must include in its rates
and prices an allowance for any possible increases in the cost of labour, materials and construction
plant/equipment, which may occur after the submission of the Tender and throughout the period of the
Contract.
The quoted Tender prices shall be valid during the whole period of the execution of the Works and no
compensation or reimbursement shall be made due to currency fluctuations or escalations in material,
labour, fuel costs and the like.
1.3
Date
nd
22 Nov 2016
Issuance of BoQ
24 Nov 2016
29 Nov 2016
5 Dec 2016
28 Nov 2016
Tender Return
22 Dec 2016
3 Jan 2017
12 April 2017
29 June 2017
16 Jan 2018
th
th
th
th
nd
rd
th
th
th
Third Floor Early Access For Vendor's Site Measurement 23rd Jan 2018
First Floor Early Access For Vendor's Site Measurement
th
06 Feb 2018
ITT Page 4 of 45
13 Feb 2018
30 April 2018
th
th
A Main Contract award date of 28 February 2017 is anticipated based on timely issuance of approvals
from the relevant Authority, however the Contractor should make due allowance for a grace period of
90 days from the anticipated Contract award date to allow the Employer to obtain such approvals. The
Contractor shall not be entitled to any claim for Extension of Time during the grace period.
Should the Sub-Contractor fail to complete the Works within the Time for Completion, the Contractor
will be entitled to deduct Delay Damages for late completion in line with the Main Contract and any
other costs incurred by the Contractor as a result of the late completion.
1.4
Site Location
The site is located in Al Maryah Central, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi
- United Arab Emirates
ITT Page 5 of 45
1.5
Store (South):
It is envisaged that approximately 150 vendors will be accommodated into Bloomingdales store.
Summary of Areas:
1.6
Standard Documents
In addition to these Tender Documents, the Tenderer shall be deemed to have in his possession copies
of the following standard documents and, where appropriate, to have included in his Tender Price for
complying with the provisions of the specifications, regulations, terms and conditions, standard
Government procedures, etc contained therein:
a) Any document / circular currently relevant and issued by the appropriate Government authorities
controlling building and construction work in the Emirate of Abu Dhabi.
b) Any local Municipality regulations and Civil Defense regulations.
c) Any applicable Federal Law or Statute.
1.7
Site Inspection
th
The Tenderer is required to visit and inspect the site on the 29 November 2016 at 10h00am and coordinate with ATS representatives mentioned below, for access purposes. The Tenderer will inspect the
site entirely at his own risk and expense and liability and ascertain for himself the accessibility and
nature of the site, the full extent and character of the operations, the supply of labour and any of the
matters affecting his tender.
The Tenderer shall be responsible for all consequential costs if he fails to visit the site and/or misinterprets
site conditions.
ITT Page 6 of 45
1.8
Tender Queries
Should the Tenderer wish to raise any queries or observations with respect to the content of these
Tender Documents, he shall follow the process as identified below:
The Tenderer shall complete Appendix G - Tender Query Sheet included within the Tender Documents
and submit same via E-mail as follows:Bloomingdales :
Queries will not be accepted after the cutoff date mentioned in the above schedule of Milestone dates.
Response to all queries received will be distributed to all tenderers via a master Query Sheet.
Should the Tenderer deem it necessary to issue further queries, these queries shall be added to the
previous list thus forming a consolidated master Query List from that Tenderer. All additional queries
shall be sent before the query cutoff date.
1.9
Discrepancies
Should the Tenderer conclude from the Tender Documents that there exists any inconsistency,
discrepancy or conflict within the content thereof, he must notify the same in writing to ATS for
clarification. Such notification must be delivered no later than five (5) days after collection of the Tender.
No claim shall be entertained on the grounds that the Tenderer failed to check that these Tender
Documents were complete and contained all referenced information.
1.10
Completion of Documents
All items in the Tender Documents requested are to be completed by the Tenderer in the English
language and priced in black INK.
The Tender is to be signed and stamped by the principal of the firm, with the name of the principal, and
the name and address of the Contracting firm, printed in block letters in the space provided below the
signature.
Any Tender that is incomplete, conditional, obscure or qualified in any way will be regarded as
disqualified and will therefore be rejected.
The Tenderer shall take all precautions to ensure that any explanatory note and the like included in his
Tender does not constitute a qualification as this could result in disqualification.
1.11
Interpretation of Documents
The Tenderer shall make no unauthorized alteration to the Tender Documents.
If the Tenderer has any doubt as to the meaning of any part of the Tender Documents, or if he
discovers any ambiguity or discrepancy in the Tender Documents, or if any words or figures should be
indistinct in the copy of the documents provided, then the Tenderer shall report the same to:
Bloomingdales :
ITT Page 7 of 45
The Client may, at their discretion, issue an addendum to the Tender Documents to all Tenderers to
clarify any issue so raised.
Any addendum issued will be given in the form of a circular letter, fax or e-mail to all Tenderers and any
such circular shall be acknowledged by the Tenderers in reply to the Employers addendum and to be
reflected on the Letter of Tender.
No amendment to the submitted Tender will be allowed after the date and time fixed for submission
should the Tenderer claim that any page or drawing was missing or had been duplicated.
Any mistake made in completing the Tender Documents and corrected before submission of the
Tender, shall be initialed by the principal authorized to sign the Tender.
1.12
The quantities inserted against items in the Bill of Quantities are estimated quantities for the works for
the purpose of Tender evaluation, and the Tenderer shall be deemed to have checked and verified
such quantities in the compilation of his Tender price prior to the submission of his tender. Any
discrepancy/additional items not covered in the Bill of Quantities as per the respective Tenderers
review of the information are to be inserted in the relevant sections provided within the Bill of
Quantities. Upon the award of the contract, the priced bill of quantities shall be used solely for
evaluating interim payments due to the Contractor, and as a schedule of rates for establishing the value
of variations.
1.13
The Tenderer shall not amend descriptions in the Bills of Quantities he deems to be incorrect. Instead,
he shall raise any observations of this nature in accordance of these Tender Documents and shall
summarize them under a separate cover letter. Failure to comply with this requirement shall render such
amendments void and may lead to the disqualification of the Tender Return.
Notwithstanding the above, the Tenderer shall not amend any quantities or item marked Provisional,
Prime Cost, Approximate or Contingency. Similarly he shall not alter any items contained in the Day
works section (other than inserting his own tender rates). The value of these items will be automatically
omitted and the value of work actually carried out during the Contract period will be added, calculated at the
rates or percentage, where applicable, inserted by the Tenderer (in accordance with the proposed conditions
of contract). These adjustments to the Contract price will form the basis of the Final Statement.
1.14
Up to and including a date not later than one (1) day before the date set for the Tender Return, the
Employer may issue letters to the Tenderer giving clarifications and explanations as he may deem
appropriate and/or amending any dates contained in these Tender Documents.
1.15
Labour Regulations
The Tenderer is to comply with all regulations, rules or instructions concerning conditions and terms of
employment of any class of employee for the full currency of the Contract. Before submitting his Tender
the Tenderer is to ascertain from the Ministry of Labour their requirements affecting the employment of
labour in respect of this Contract.
1.16
Subcontracting
The Tenderers attention is drawn to the Conditions of Contract which prohibits the subcontracting of
any part of the works without the consent of the Employer. This requirement will be strictly applied and
a flagrant disregard of it by the Contractor will be treated as grounds for termination of the Contract.
The Tenderer shall submit in Appendix 'C' to the Letter of Tender a list of all the portions of the Works
he proposes to subcontract with particulars (as far as possible) of the Subcontractors he proposes to
ITT Page 8 of 45
employ, but the acceptance of his Tender shall not be regarded as implying in any way approval of his
proposals for subcontracting.
1.17
Confidentiality of Tender
All information supplied in this Tender Document or provided under separate cover must be treated by
the Tenderer as strictly confidential. As per the terms of the Non-Disclosure Agreement the Tenderer
shall not issue or allow to be issued any information relating to this Tender to any form of media without
the prior written permission of the Employer and shall not allow any part of this Tender Document to be
reproduced or given to a third party other than for the purpose of preparing a bona fide Tender.
1.18
Form of Contract
The Tenderers attention is drawn to the Conditions of Contract, which comprise the General
Conditions, which form part of the FIDIC Red Book 1999 published by the Fdration Internationale
des Ingnieurs-Conseils (FIDIC) with amended and additional clauses as detailed in the Particular
Conditions. Please refer to the attached Appendix M
1.19
Letter of Tender
The Tender return shall be submitted with a covering letter bound into this document and all
Appendices to the Tender shall be duly completed. Failure to complete any of the Appendices shall
render the Tender null and void.
The covering letter must be signed by the principal of the firm or by a person properly authorized for the
purpose and the registered name and address of the Tenderer shall be printed or typed in BLOCK
LETTERS.
1.20
Submittal Stage
Three (3) hard copies and one (1) soft copy (PDF + Excel) of the bona fide tenders, in sealed and
unmarked envelopes (Marked Technical and Commercial Volumes 1 & 2 respectively) must be
nd
submitted in person no later than 9:00am Thursday 22 December 2016 to the recipient below:
Al Tayer Stocks LLC,
PO Box: 2623
API Trio Tower,
th
30 Floor
Al Barsha 1, Dubai UAE
a) Volume 1 Technical Submission
ITT Page 9 of 45
The Employer has the right to accept or reject any or all offers 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 any explanation or reason for its
rejection.
The Employer will not be responsible for, or pay for, expenses or losses which may be incurred by the
Tenderers for the preparation of his Tender or as may be incurred through the subsequent rejection or
non-acceptance of a Tender for any reason whatsoever.
1.22
Evaluation of Tenders
Validity of Tender
The Tender shall remain a valid offer open for acceptance for a minimum period of 90 days.
1.24
Performance Bond
The successful Tenderer shall be required to provide a Performance Bond in accordance with the
Conditions of Contract.
The Performance Bond shall be obtained from a bank based in the local emirate states in line with the
Specimen provided in Appendix J.
Should a formal Contract be entered into, a maximum of fourteen (14) days will be allowed for the
execution and finalization of the Performance Bond. Should the sub-contractor default in finalizing the
ITT Page 10 of 45
Performance Bond within this period, the Employer reserves their right, without liability, to terminate the
formal Contract.
1.25
1.26
Insurances
The Contractor shall, at its sole expense, effect and maintain at all times during the carrying out of the
Works (and for any longer periods as may be required under the Contract) insurances as set out in the
Conditions of Contract. All insurances shall be obtained from a reputable insurance company and will
be subject to approval by the Employer.
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2.0
Project Title:
Tender Addenda
Dated
ITT Page 12 of 45
Signature
: OOOOOOOOOOOOOOOOOOOOOOOOOOOOO...
: OOOOOOOOOOOOOOOOOOOOOOOOOOOOO...
: OOOOOOOOOOOOOOOOOOOOOOOOOOOO......
In the Capacity of
(in Block Capitals)
: OOOOOOOOOOOOOOOOOOOOOOOOOOOOO...
: OOOOOOOOOOOOOOOOOOOOOOOOOOOOO...
: OOOOOOOOOOOOOOOOOOOOOOOOOOOO......
Telephone Number
: (Office) OOOOOOOOOOOOOOOOOOOOOOOOOO.
: (Mobile) OOOOOOOOOOOOOOOOOOOOOOOOOO
Facsimile Number
: ...........................................................................................................
E-Mail Address
: ...........................................................................................................
Contractors Professional
Trade License Nr
: ........................................................................................................
: ........................................................................................................
License issued by
: ........................................................................................................
: ........................................................................................................
Occupation
: ........................................................................................................
ITT Page 13 of 45
2.1
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender
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2.2
To:
Al Tayer Stocks LLC
PO Box 2623, Dubai, UAE
Attn: Mr. Roy Blackman
Dear Sirs,
Retail Fit out Bloomingdales
Al Maryah Central
We hereby certify that we have visited the proposed construction site and familiarized ourselves with
the prevailing conditions. We fully understand the extent and character of the operations described and
shown in this Tender Document including the Drawings and the Specification.
Yours faithfully
Signed by: ........................................................... (Tenderer)
Duly authorized to sign this Letter of Tender for and on behalf of the Tenderer.
ITT Page 15 of 45
2.3
Appendix C- Subcontractors
The Tenderer shall insert below the elements of the Works he proposes to subcontract together with
the shortlist of names and addresses of the respective subcontractors/suppliers whom he proposes to
Tender the Works Packages to.
The provision of this information shall not release the Tenderer whose Tender is accepted from
obtaining the consent of the Employer to the subcontracting of any part of the Works as required under
the Conditions of Contract.
Tenderers shall provide the names of all proposed Subcontractors/Suppliers and for a particular job or
element.
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender
ITT Page 16 of 45
2.4
Appendix D- Head Office/Project Specific Organization Chart including CVs of key staff
The Tenderer shall enclose head office and project level organization charts and corresponding CVs
showing the position of principal, personnel within the Tenderers organization to be employed on this
contract together with details of their qualifications and experience. Details of each person shall be
given in the form of the attached pro-forma.
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender
ITT Page 17 of 45
: ..................................................................................................
: ..................................................................................................
: ..................................................................................................
2. Nationality
: ..................................................................................................
: ..................................................................................................
4. Languages Spoken
Mother Tongue
: ..................................................................................................
Others*
: ..................................................................................................
5. Previous Experience
: ..........................................................................................
: ..........................................................................................
: ..........................................................................................
6. Technical Qualifications
: ..........................................................................................
: ..........................................................................................
: ..........................................................................................
Note: All key personnel should comply with the local labour regulations enforced in Abu Dhabi, United
Arab Emirates.
Failure to complete this Appendix may invalidate the Tender
ITT Page 18 of 45
2.5
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
ITT Page 19 of 45
2.6
1. Authorities approval
2. Material & Shop drawing submission and approval with lead times
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
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2.7
Query Description
Date of
Submission
Received Date
Status
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 21 of 45
2.8
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 22 of 45
Technical Evaluation
Subcontractor
Sl
Subcontractor 1
Score
Criteria
Rating
Contractors
Overall
Score %
Comments
Safety accreditation
Safety record
0.00%
Quality
4
Quality accreditation
0.00%
Capability
7
0.00%
Technical Expertise
10
11
Method statement
12
0.00%
Programme
13
14
15
0.00%
Business Structure
16
Location of factory
17
18
0.00%
20
GRAND TOTAL:
Evaluator:
100
Numerical Scoring:
0.00%
0.00%
Date:
Numerical scoring of the evaluation criteria shall be performed on the following basis
The proposal significantly exceeds the requirements and represents a clearly superior and desirable approach with
a high probability of success.
The proposal meets or exceeds the requirements and represents a somewhat superior approach with a good
probability of success.
The proposal meets the requirements and represents an acceptable approach with reasonable probability of
success.
The proposal meets most of the requirements but represents a somewhat inferior approach.
The proposal has several deficiencies and represents a poor approach or has low probability of success.
The proposal has failed to address the requirements and represents an unacceptable approach.
ITT Page 23 of 45
2.9
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 24 of 45
Commercial Evaluation
Subcontractor
Sl
Subcontractor 1
Score
Criteria
Rating
Contractors
Overall
Score %
Comments
Are P & G Rates & OH&P % market related & in line as a % of Total
sub-contract Value
0.00%
Compliance to Specification
4
0.00%
Payment terms
7
0.00%
9
9
Bonds/Guarantees/Insurances
10
11
12
Does the Subcontractor have the ability to align back to back with
the Main Contract
Does subcontractor have a good track record in timeously
providing such Bonds/Guarantees/Insurances
Are subcontractors flexible with bond wording
0.00%
Does the Subcontractor hold a valid Trade License for the Emirate
of Abu Dhabi
14
105
15
15
0.00%
Capability
16
17
18
GRAND TOTAL:
Evaluator:
Numerical Scoring:
0.00%
0.00%
Date:
Numerical scoring of the evaluation criteria shall be performed on the following basis
The proposal significantly exceeds the requirements and represents a clearly superior and desirable approach with
a high probability of success.
The proposal meets or exceeds the requirements and represents a somewhat superior approach with a good
probability of success.
The proposal meets the requirements and represents an acceptable approach with reasonable probability of
success.
The proposal meets most of the requirements but represents a somewhat inferior approach.
The proposal has several deficiencies and represents a poor approach or has low probability of success.
The proposal has failed to address the requirements and represents an unacceptable approach.
ITT Page 25 of 45
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 26 of 45
ITT Page 27 of 45
Claims, if any, under this guarantee must be presented to us through your bankers with your signature(s)
on the claim letter duly verified by them, along with the original guarantee and original amendments, if
any, and should be received by us prior to the expiry date.
.
This Guarantee shall be governed and construed in accordance with the laws of the United Arab
Emirates. The courts of Dubai shall have exclusive jurisdiction to settle any claim or dispute that arises
under this Guarantee.
Notwithstanding anything herein stated above, we shall be released of all obligations under this
guarantee once the original guarantee is returned at our counters
Yours Faithfully,
For XXXXX
Authorized Signatures
ITT Page 28 of 45
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 29 of 45
Date:
Dear Sirs,.
Re: Advance payment Guarantee no. OOOO.
Whereas our clients xxxxxxx, Dubai (referred to hereinafter as to hereinafter as The Contractor) have
entered into a Contract with you (referred to hereinafter as the Employer) for carrying out and
completion of the XXXXXXXXXX. (the works)
We XXXXXX Bank, P.O. Box XXX Dubai, United Arab Emirates, hereby irrevocably and unconditionally
undertake that, forthwith upon our receiving written notice from you stating that in your absolute judgment
the Contractor has failed to observe or perform any of the terms, conditions or provisions of the Contract
on its part to be observed or performed, we will notwithstanding any objection which may be made by the
Contractor, pay to you or as you may direct in UAE Dirhams such an amount as you may in such notice
require not exceeding (when aggregated with any such amount(s) previously paid) the amount for which
this Bond is for the time being valid.
This guarantee shall remain valid until _________________[The Employers Name] receives full
repayment of the advance payment amount from the Contractor. It is understood that our liability towards
you will be progressively reduced by the amount repaid to you by the Contractor as contained in the
Interim Payment Certificates and payments against the said advance payment
This guarantee is non operative pending receipt of AED XXXXX from M/s. XXXXXXX into OOOOO.,
IBAN No. xxxxxxxx with us quoting our guarantee no. xxxxxxx under advice to us stating value date and
our guarantee no. xxxxxxxx..
Any payments by us hereunder shall be in freely transferable UAE Dirhams free and clear of and without
any deduction for or on account of any present or future taxes, levies imposts, duties, charges, fees,
deduction or withholdings of any nature whatsoever and by whomsoever imposed.
Our obligations hereunder constitute direct primary irrevocable and unconditional obligations, shall not
require any previous notice to or claim against the Contractor, and shall not be discharged or otherwise
prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the
Contractor, any amendment, modification or extension which may be made to the Contract or the work
to be performed there under, any intermediate payment or other satisfaction made to the contractor, any
change in the constitution or organization of the Contractor, of any other matter or thing which in the
absence of this provision would or might have that effect a discharge of amendment expressly made or
agreed to by you in writing.
Claims, if any, under this guarantee must be presented to us through your bankers with your signature(s)
on the claim letter duly verified by them, along with the original guarantee and original amendments, if
any, and should be received by us prior to the expiry date.
This Bond shall be governed by and construed in accordance with the laws and regulations of the Dubai
and (to the extent the same are applicable therein) the laws and regulations of the United Arab Emirates.
Notwithstanding anything herein stated above, we shall be released of all obligations under this
guarantee once the original guarantee is returned at our counters.
For and on behalf of Bank
Authorized signatory
ITT Page 30 of 45
2.12 Appendix L- ATS Standard Subcontract order and Terms & Conditions
Please refer to our attached Sub-Contract order for your reference. Should you find any ambiguities,
please inform us through the Tender Query Schedule.
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 31 of 45
2.10
SUBCONTRACT ORDER
Project:
Company:
Order No:
PO Box:
Date:
Phone No:
Mobile No:
Email:
Contact:
Details:
Quantum:
Specification List
Item
Description
Unit
Qty
Rate
AED
(Project Manager)
(Commercial Manager)
(Date)
(Subcontractor)
Total (AED)
0.00
ITT Page 32 of 45
PARTICULAR CONDITIONS
CLAUSE
(Project Manager)
(Commercial Manager)
(Subcontractor)
ITT Page 33 of 45
1.10 This order is a Fixed Price Lump Sum based on draw ings and specifications attached to this order supplied to
you either at tender stage or subsequently and form a part of this order. All freight, duty and any applicable
taxes are deemed included w ithin the Fixed Price Lump Sum amount
1.11 Quantities given in this order are advisory only. It is the Subcontractors responsibility to visit the site, check
the draw ings and specifications so as to ascertain the exact quantities, verify all dimensions, opening sizes
and site conditions prior to placing orders
1.12 Transport of labour and goods to and from the site is for the Subcontractors account and all costs associated
w ith this transport are deemed to be included.
1.13 Any costs incurred or monies charged to Al Tayer Stocks LLC due to the failure of the Subcontractor to
perform his contractual obligations or the costs of any rectification for damage caused by the fault of the
Subcontractor shall be deducted from any monies ow ing to them by Al Tayer Stocks LLC and shall attract a
15% administration charge
1.14 Delay Damages shall be levied at the rate of 1% of the Contract Price per day or part thereof, subject to a
maximum liability of 10% of the Contract Price
1.15 The Subcontractor w ill be required to provide and issue samples as and w hen requested to do so by Al
Tayer Stocks LLC. The Subcontractors price is deemed to include for such samples.
1.16 The Subcontractor w ill be required to provide and issue all necessary detailed w orking draw ings for the
execution of the subcontract w orks to the approval of Al Tayer Stocks LLC, the Engineer and / or Project
Manager. The Subcontractors price is deemed to include for such draw ings.
1.17 The Subcontractor w ill be required to provide and issue As Built draw ings (in hard and soft copies), all
relevant guarantees, w arrantees, operative training and spares/attic stock together w ith operation and
maintenance (O&M) manuals as required under the Main Contract Documentation. The Subcontractors price is
deemed to include for such.
1.18 Al Tayer Stocks LLC reserves the right to terminate this Subcontract Order w ithin 48 (forty eight) hours after
giving w ritten notice indicating its intent to terminate. Termination shall be permissable in the follow ing
circumstances;
A. Failure by the Subcontractor to provide payment security under Clause 1.09
B. Failure by the Subcontractor to provide a valid Trade / Commercial Licence
C. Failure by the Subcontractor to provide a valid Workmen's Compensation Insurance Policy
D. Failure by the Subcontractor to adequately resource the project in accordance w ith the agreed programme
E. Failure by the Subcontractor to adhere to the Al Tayer Stocks LLC QHSE Policy
1.19 Retention w ill be held at a rate of 10% on the agreed value of w ork completed until the issuing of the
Completion Certificate in terms of the Main Contract Documentation. Upon the issue of the certificate the
subcontractor's retention w ill be reduced to 5% of the agreed value of w ork completed. The remaining 5%
retention w ill be released upon the receipt of the Main Contract Defects Notification Period Completion
1.20 Any operation and maintenance (O&M) manuals and As Built draw ings are to be submitted 7 (seven) days
prior to handover of the Subcontractors w ork to the Al Tayer Stocks LLC Project Manager. Failure to comply
w ill delay the release of retention and w ill attract a AED 500 / day penalty
1.21 The Subcontractor shall not assign or transfer this Subcontract Order or any of its rights and / or obligations
therein to any other party w ithout the prior w ritten consent of Al Tayer Stocks LLC
(Project Manager)
(Commercial Manager)
(Subcontractor)
ITT Page 34 of 45
1.22 The Subcontractor shall indemnify the Main Contractor in all aspects for any penalties or costs levied by the
Client (or others) due to any damage and or loss of property arising from the misuse by the Subcontractor of
the Client's and / or Main Contractors equipment
1.23 Should the Employer request access to the Main Contractors and / or Subcontractors documentation under
the Main Contract Documentation Terms and Conditions for the purposes of audit and compliance, the
Subcontractor shall comply in all respects.
1.23 Employers Risks shall be as stated and defined w ithin the Main Contract Documentation
1.24 Force Majeure shall be as stated and defined w ithin the Main Contract Documentation
1.25 Dispute Resolution Procedures shall be as stated and defined w ithin the Main Contract Documentation
1.26 This Subcontract Order shall be governed by the law s of of the Emirate in w hich the w orks are being carried
out and the Federal law s of the United Arab Emirates
CLAUSE
2.00 SUPERVISION
2.01 The Subcontractor is fully responsible for providing adequate resources and supervision to complete the
w orks included as part of this order on or before the agreed completion date
2.02 The Subcontractor is required to have competent supervision on site at all times capable of receiving and
issuing instructions.
2.03 The Subcontractor is to ensure that their supervisor is supplied w ith a mobile phone and is contactable at all
times.
2.04 Upon w ritten notice and w ithin 48 (forty eight) hours of a failure to comply w ith any or all of the clauses 2.01,
2.02 and 2.03 above the Main Contractor may provide additional resources and supervision as deemed
required to complete the w orks. All costs incurred by the Main Contractor shall be contracharged to the
Subcontractor inclusive of a 15% administration charge. This clause does not affect our rights under Clause
1.17 w ith regards to termination
CLAUSE
(Commercial Manager)
(Subcontractor)
ITT Page 35 of 45
CLAUSE
4.00 INSURANCE
4.01 The Subcontractor is deemed to have acquainted himself w ith the necessary perils and excesses contained
w ithin the Main Contract Documentation insurance requirements and thus shall be deemed to have
incorporated these requirements and the associated costs into his Fixed Price Lump Sum.
CLAUSE
CLAUSE
5.05 All defects as issued in the Defects list shall be rectified w ithin the said terms of the contract, failure by the
Subcontractor to remedy the Defects to the satisfaction of the Engineer and or Project Manager shall be
treated as a breach of contract. The Main Contractor reserves the right to remedy such w orks after having
given 7 (seven) days w ritten notice to the Subcontractor to rectify such Defects. All costs incurred as a
result of such rectification w ork shall be contracharged to the Subcontractor including a 15% administration
charge.
5.06 The Main Contractor w ill supply either centrally located w aste bins or skips, into w hich the Subcontractor w ill
be responsible for depositing all w aste, offcuts etc. Failure to do so by the Subcontractor w ill be deemed to
constitute a lack of resources and / or supervision under Clause 2.01 and w ill be dealt w ith under Clause
2.04
6.00 PROGRAMME
6.01 On receipt of the order the Subcontractor is to prepare and submit w ithin 7 (seven) w orking days their
programme for the w orks. The Subcontractor is to adhere to the parameters set by the Main Contractors
Construction Programme w hich is available on site for your perusal. Please contact the Project Manager in
this regard.
6.02 Works are to be programmed on a 24 hrs a day, 7 days a w eek basis as necessary to maintain programme.
6.03 Any item of w ork that requires an Engineer / Consultant's approval is to be submitted during standard
w eekdays (Sunday - Thursday) all as defined in the Main Contract Documentation
6.04 The agreed subcontract start date is:
6.05 The agreed subcontract completion date is:
6.06 Should the Subcontractor fall behind programme or if it is of the reasonable opinion of the Main Contractor that
the Subcontractor w ill fail to achieve the Subcontract completion date the Main Contractor shall be entitled to
6.07 To maintain the programme its is deemed included w ithin the subcontractors rates that any mode of transport
(land, sea or air) to deliver materials to the site required to achieve the agreed programme have been
included.
(Project Manager)
(Commercial Manager)
(Subcontractor)
ITT Page 36 of 45
CLAUSE
(Commercial Manager)
(Project Manager)
(Subcontractor)
Date:
OOOOOOOOO..
Date:
OOOOOOOOO..
OOOOOOOOOOOOOOOOOOOOOOOO.
Print Name:
R. Blackman
Signed on
Behalf of:
OOOOOOOOOOOOOOOOOOOOOOOO.
Print Name:
Position:
PLEASE NOTE BY SIGNING ABOVE IT IS ACCEPTED THAT THE PERSON SIGNING HAS FULL AUTHORITY
TO ENTER INTO THIS CONTRACT FOR AND ON BEHALF OF THE COMPANY AS STATED
ITT Page 37 of 45
ANNEXURE 1 - DEFINITIONS
1.00 Main Contract Docum entation
Shall mean; All documents that are included as part of the signed and agreed
contract documentation entered into betw een Al Tayer Stocks LLC
and the Client
Shall mean; The Terms and Conditions contained w ithin the Main Contract
Documentation
Shall mean; The additional terms and conditions stated herein that are
applicable to this Subcontract Order
Shall mean; The person appointed by Al Tayer Stocks LLC to manage the
commercial aspects of the project
8.00 Engineer
Shall mean; The company or person employed by the Client and acting on his
behalf as stated in the Main Contract Documentation
Shall mean; The specific start and completion dates stated in this Subcontract
Order
10.00 Defects
Shall mean; Any w orks not in the condition required by the Main Contract
Documentation by the expiry of the relevant Defects Notification Period
(or similar defined period)
(Project Manager)
(Commercial Manager)
(Subcontractor)
ITT Page 38 of 45
YES
NO
OR
5.00 A bond/bank guarantee from an approved International Bank made out to
Al Tayer Stocks LLC for the agreed value
6.00 A copy of the Subcontractor's Professional Indemnity (P.I) Insurance
w here design w ork is being undertaken by the Subcontractor
(Project Manager)
(Commercial Manager)
(Subcontractor)
ITT Page 39 of 45
ID
Description
Site Establishment
Provision of Air Conditioned Space for Sub Contractor (All FFE, Computers, Printers,
Telephone etc. excluded).
Provision and erection of Subcontractor workshop & stores, compounds, foundations,
welfare facilities, communication equipment, covered parking if required, etc. Removal
of entire establishment on completion (Main Contractor to provide limited space/open
area outside on the site demise).
Provision of accommodation for staff and labour.
Access Passes.
Temporary Services
Electricity to site wide Main Distribution Boards (240V) by Contractor step down to
110V by Subcontractor.
Power distribution to work face (To agreed location).
Provision of electricity and water connection for Subcontractor offices to central
designated location.
Provision of telephone, facsimile, internet lines and data connection for Subcontractor
offices.
Provision of electricity and water to Subcontractor storage buildings (if required).
Ablution Facilities.
a
b
c
d
Main
Contractor
SubContractor
ITT Page 40 of 45
ID
l
Description
Main
Contractor
SubContractor
Fuel, Oil & Gas for Site Vehicles & Plant if required.
Water Source and power Source for Testing and Commissioning (including chilled
water).
380V. 3phase power (welding machine power) if required.
Use of fixed scaffolding (General for access to the works) Modifications to same to
suit Subcontractor needs to be at Subcontractors cost.
Special Platforms, mobile scaffold towers and access equipment (scissors lifts / cherry
pickers / ladders) for the Subcontract works.
m
n
d
e
f
N/A
N/A
Shared use of internal cargo lifts Controlled by Contractor only (however lifting of all
materials is under subcontractor responsibility).
Temporary lifting equipment.
Transport and delivery of materials to/from site and handling of materials on site.
Rubbish Removal
Transporting builders rubbish to designated rubbish collection areas (main skip
locations), outside of construction site including removal of debris, waste and excess
materials.
Removal of skips from central skip area.
Recycling or treatment of waste water (Discharge Water) and the like such as pipe
flushing / cleaning water (Recycle where Possible / Removal by Subcontractor).
Removal of waste water (Discharge Water) and the like such as pipe flushing /
cleaning water (if unsuitable for recycling / treatment).
Removal of hazardous material/used oil and the like from site.
a
b
c
d
NA
NA
ITT Page 41 of 45
ID
d
e
7
a
b
Description
Accommodation and meals. (Note that no temporary housing shall be permitted on
site).
Provision of Site Evacuation Facilities and Basic Medical Services.
Setting Out
Provision of data line/benchmarks (control points only) Primary setting out and
survey control.
All other setting out for Subcontract Works.
Attendance Labour.
e
f
G
Main
Contractor
SubContractor
Use and priority of these facilities is solely at the discretion of the Main Contractors Site Management.
Note: Attendances not covered above will be the obligation of the Subcontractor
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
ITT Page 42 of 45
(xiii)
The site is in an operational facility area and all Staff and Workers must behave appropriately, any
person/s deemed not to will be removed and will not allowed back on to site.
(xiv) No Smoking will be allowed in the structure at any time, designated smoking area will be provided, and
no smoking in any other area will be allowed.
(Project Manager)
(Commercial Manager)
(Date)
(Subcontractor)
ITT Page 43 of 45
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 44 of 45
-------------------------------------------------------------------------------------------------------------------------------------------------Signed: _______________________________
Duly authorized to sign
for and on behalf of:
Date:
Note: Failure to complete this Appendix may invalidate the Tender.
ITT Page 45 of 45