DIYAR AL MUHARRAQ DIYAR AL MUHARRAQ, BAHRAIN MARASSI AL BAHRAIN TENDER DOCUMENTS FOR MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE VOLUME 1 MPN AV Merron elaIndex to Tender Documents Mall, Car Park, Vida Hotel & Vida Service Aparaments (ot 1) Tender Package INDEX TO TENDER DOCUMENTS VOLUME 1: INSTRUCTIONS TO TENDERERS & CONDITIONS OF CONTRACT Part I - instructions to Tenderers Appendix A - Form of Tender Appendix B — Appendix to Form of Tender Appendix C- Tender Bond Appendix D - Non Disclosure Agreement Appendix E—Letter of Acknowledgement Appendix F — Statements of Compliance Appendix G — Confirmation of Site Visit Part 2 - Form of Agreement & Appendix to Form of Agreement Part 3 — Conditions of Contract A— General Conditions of Contract B — Particular Conditions Appendix A — Form of Performance Bond ‘Appendix B~ Form of Advanced Payment Bond ‘Appendix C— Form of Collateral Warranty for Main Contractor Appendix D— Form of Collateral Warranty for Sub Contractor ‘Appendix E.~ Specimen Form of Contractor Warranty VOLUME 2: SCOPE OF WORKS & SPECIFICATIONS Part 1 ~ Scope of Works Part 2 — General Requirements Division 1 Part 3 — List of Particular Specifications Part 4 — Particular Specifications Part 5 — Soil Investigation Report VOLUME 3: DRAWINGS Part | - List of Drawings Part 2— Drawings VOLUME 4: BILL OF QUANTITIES Part | - Pricing Preambles Part 2 - Bill of Quantities Part 3 ~ Day works Patt 4~ Schedule of Rates EAGLE HILLS DIVAR COMPANY WLL. oft lsied for Tender on 2017DIYAR c EAGLE HILLS DIYAR COMPANY WLL Muharraq, Diyar Al Muharraq Marassi Al Bahrain Kingdom of Bahrain TENDER DOCUMENTS FOR MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE | BHIPLT1/C/02 VOLUME 1 PART 1-INSTRUCTIONS TO TENDERERS OCTOBER 2017Marassi Al Bahrain Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package 8. 10. 1 12, 43, 14, 15. 16, 17. 18. 19. 20. INSTRUCTIONS TO TENDERERS INDEX Definitions Scope of Works and Location Tender Documents Notification of Intent to Tender ‘Addenda to Tender Documents Clarifications, Interpretations and Explanations ‘Submission of Tenders Tender Documentation No Allerations to Tender Documents Fixed Price Lump Sum Currency of Tender Validity of Tender Language Visiting the Site Performance and Advance Payment Bonds ‘Altemative Tender Opening of Tenders, Evaluation of Tenders ‘Acceptance or Rejection of Tenders Previous Discussions and Documents Superseded Appendix A: Form of Tender ‘Appendix B: Appendix to form of Tender Appendix C: Tender Bond ‘Appendix D: Letter of Acknowledgement ‘Appendix E: Statement of Compliance Appendix F: Confirmation of Site Visit Instructions to Tenderers 22 22 44 44 55 58 98 99 10-40 10-40 10-10 10-10 10-11 Wt 4411 1112 1243 13-43 EAGIE HILLS DAR COMPANY WL Tae Isaued for Tender (oet20174 ‘Marassi Al Babrain Instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS DEFINITIONS 14 12 13 14 18 16 47 18 19 In the Tender Documents and any addenda thereto issued in accordance with Clause § below words end expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract. "Tenderer" means each party to which an Invitation to Tender is issued for the purpose of submitting a Tender regardless of whether or not any particular such pary completes end submits a Tender. “invitation to Tender’ means the letter described as such from the Employer to the Tenderer inviting it to submit @ Tender. “Tender’ means the Tenderers priced offer to the Employer for the carrying outand completion of the Works and the remedying of defects therein. “Tender Sum means the amount inserted in paragraph 1 of the Form of Tender. "Tender Documents" means the documents accompanying the Invitation to Tender as listed in Clause 3.1 below. “Tender Period" means the period from the date of issue by the Employer to the Tenderer of the Invitation to Tender and the Tender Documents to the latest date set for the delivery of the Tenders as stated in Clause 7.1 below. The headings used in these Instructions to Tenderers shall not be deemed fo be 2. part hereof or be taken into consideration in the interpretation or construction hereof. All dates and periods of time referred io in the Tender Documents, in any addendum thereto issued In accordance with Clause 5 below and in the documents referred to in Clause 8.1 below shall be ascertained in accordance with the Gregorian calendar. SCOPE OF WORKS AND LOCATION 24 Tenders are invited forthe cerrying out of the Works comprising the carrying outand completion of Mall, Car park, Vida Hotel & Service Apartments (Plot 1) Tender Package forming partof the project known as Marassi Aiahrain in the Kingdom of Bahrain located at Diyar Al Muharreq (DAM), Asset 14 all as more particularly descrived in the Tender Documents. TENDER DOCUMENTS 3.1. The documents being issued to the Tenderers for the purpose of preparing a Tender (ihe “Tender Documents") comprise: Ter EAGLE PRLS DAR COMPANY WE Tae ised for Tener HAJ‘Marassi Al Bahraln Instructions to Tenderers Mall, Car Park, Vida Hotel & Viea Service Apartments (Plot 1) Tender Package VOLUME 4: INSTRUCTIONS TO TENDERERS & CONDITIONS OF CONTRACT Part 4 - Instructions to Tenderers ‘Appendix A - Form of Tender ‘Appendix B ~ Appendix to Form of Tender ‘Appendix C ~ Tender Bond ‘Appendix D — Non Disclosure Agreemnt Appendix E — Letter of Acknowledgement Appendix F — Statement of Compliance ‘Appendix G — Confirmation of Site Visit Pert 2 - Form of Agreement & Appendix to Form of Agreement Part 3 - Conditions of Contract ‘A= General Conditions of Contract B — Particular Conditions ‘Appendix A — Form of Performance Bond Appendix B - Form of Advanced Payment Bond ‘Appendix C ~ Form of Collateral Warranty for Main Contractor ‘Appendix D — Form of Collateral Warranty for Sub Contrector ‘Appendix & ~ Specimen Form of Contractor Warranty VOLUME 2: SCOPE OF WORKS & SPECIFICATIONS Part 1 — Scope of Works (refer to Division 1) Part 2 — General Requirements Division 1 Part 3 — List of Particular Specifications Part 4 ~ Particular Specifications Part 5 — Soil Investigation Report (Soft copy only) VOLUME 3: DRAWINGS Part 1 — List of Drawings Part 2— Drawings VOLUME 4: BILL OF QUANTITIES Part 4 - Pricing Preambles Part 2 - Bill of Quantities Part3 - Day works Part 4 ~ Schedule of Rates ‘The above documents are being issued in hard copy only unless otherwise stated, 3.2 The Tender Documents, any addendum thereto issued in accordance with Clause 5 below and replies by the Employer issued under Ciause 6.2 below'to any written requests made by the Tenderer under Clause 6.1 below are transmitted to the ‘Tenderer solely for the purpose of the Tenderer preparing and submitting a Tender in accordance therewith ‘The Tenderer shall keep confidential and shall not release to any third party a) ENGIE HILLS DIVAR COMPANY WALL 3 ae ileal HAJMarassi Al Bahrain instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1} Tender Package ‘and submit to the Tenderer a quotation for part of the Works and on condition that such Subcontractor shall also keep confidential any such tems in like manner. The obligations of the Tenderer (and potential Subcontractor) under this Clause shal continue notwithstanding the expiration or termination of this or any other agreement subsequently entered into by and between the Tenderer and the Employer. 3.3 Tenderers are required to check against the relevant index/contents list to ensure and satisfy themselves that they are in possession of each and every page, drawing, schedule and the like which comprise the Tender Documents. 3.4 The Tenderer shall retum forthwith to the Employer, marked as follows: Ref: BHIPLTI/CI02 Attention: Eagle Hills Diyar Company WLL Head of Commercial & Contracts Level 27, West Tower, Bahrain World Trade Centre, Manama, Kingdom of Bahrain, PO Box 15149 all the documents referred to in Clause 3.2 above if and upon the first to occur of the Tenderer concerned electing not to submit a Tender or the Tenderer concerned being notified by the Employer that the Tender of another has been accepted or that its own Tender will not be accepted or the validity of the Tender of the Tenderer concemed expiring without being accepted. NOTIFICATION OF INTENT TO TENDER. 4.4 Feilure of any particular Tenderer to advise the Employer of its intent to submit a Tender and its agreement to the terms, conditions and provisions of these Instructions to Tenderers by completing andl signing the acknowledgement at the ‘end of the duplicate of the Invitation to Tender and Acknowledgement Receipts retuming the said duplicate to the Employer in accordance with the sald Invitation may result in the rejection of any Tender submitted by that Tenderer. 5. ADDENDA TO TENDER DOCUMENTS 5.1. The Employer may, at any time or times not being less than [five (5]} days prior to the latest time stated in Clause 7.1 below for the delivery of Tenders, issue ‘and despatch to all Tenderers an addendum containing a variation, addition, deletion, clarification and/or rectification to, from or of any of the Tender Documents or of any earlier addendum issued uncer this Clause 5.1. Any such addendum shell form part of the Tender and shall be valid and binding on all Tenderers. Each Tenderer must acknowledge by retum the receipt of each addendum by email to MABTender@hilintLeom and co. to contracts, bahrain@eaalehills.com & il .with reference number Ref. BHIPLT#/G/02 in ils subject line and must complete Clause 9 of the Form of ‘Tender with the reference number and date of issue of each addendum §. CLARIFIGATIONS, INTERPRETATIONS AND EXPLANATIONS 6:1 Should th Tenderer require clarification, an explanetion or an interpretation in respec: of any part of the Tender Documents or of any addendum iss in aocordance with Clause 5 above of as to any other relevant matter or thing, INP... Tenderer must request such required clarification, explanation o” interpretation TAGE HILLS OWAR COMPANY WAL AetrELS leouad for Tender (oei2017Marassi Al Bahrain Mall, Car Instructions to Tenderers. Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package 62 by email fo MABlender@hillint.com and = cc. to contracts.bahrain@eaqlehills.com & tdr@eaglehills.com_with reference number BH/PLT1/G/O2 in its subject line and to be received by the Employer not less then {five (5)] days prior to the latest time stated in Clause 7.1 below for the delivery of Tenders. ‘As soon as practicable after receipt of any such emailed request, the Employer will reply by circulating a letter to all Tenderers with the requested details and, i the Employer thinks appropriate, rectifying the point raised by the Tenderer and, if such requested details or rectification are in the Employer's opinion a matter of substance requiring a change in the Tender Documents or in any addenda issued in accordance with Clause 5 above, an addendum containing the same will be issued in accordance with the said Clause No clarification, explanation, interpretation or rectification, (whether or not following ‘an emailed request from a Tenderer under Clause 6.2 above) shail be binding or have any legal validity whatsoever unless the same be made in writing by the Employer. 7, SUBMISSION OF TENDERS 7A 72 73 74 “The original of all of the documents referred to in Clause 8.1 below and Two ‘copies of those documents marked as Original, Duplicate True Copy, Triplicate True Copy (stamped & signed on each pages) must be submitted in sealed waxed envelopes (in two different envelopes clearly marked as Technical Offer & Financial Offer) by hand during normal business hours (0800 to 1730 hours, Sunday to Thursday inclusive) by no later than the time stated in the Invitation to Tender (or such later time as may be notified by an addendum issued in accordance with Clause 5 above) to the Employer at its principal offices marked as follows: Ref: BHIPLTHUCIO2 ‘Attention; Eagle Hills Diyar Company WLL Head of Commercial & Contracts Level 27, West Tower, Bahrain World Trade Centre, Manama, Kingdom of Bahrain, PO Box 15149 ‘Any Tender received after such time (or laier time es aforesaid) wil not be ‘considered. Save as aforesaid, the original and each copy shall be identical butif, in default of this provision, there is any inconsistency the original shall prevail. in each case a written receipt will be issued stating the time and date of delivery ‘Tenders submitied by mail will not be considered. A facsimile will not be accepted in lieu of a sealed Tender nor will a facsimile of the sealed Tender be accepted. No Tender once delivered to the Employer may be added to, amended or withdrawn at any lime whatsoever save at the written request or with the writien consent of the Employer. 8, TENDER DOCUMENTATION (oct2017 6.1 Inorderto tender, the Tenderer must submit the folloving documents by the wh EAGLE HLS OVAR COMPANY WL Fseued for Tendar a HASSE ict if N nts em‘Marassi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package in the manner stated in Clauses 7.1 above, such documents bearing the stamp of the Tenderer in the botiom right hand comer of each page of al the Tender Documents. {a) The Form of Tender duly completed, signed and witnessed, including the insertion in Clause 1 of the tender sum (both in words and! figures), and the insertion in Clause 9 of the reference numbers and date of issue of each addendum issued by the Employer in accordance with Clause 6 of this Instruction to Tenderers. ‘The Form of Tender must be dated and signed by some person(s) authorised to sign tenders for and on behalf of the Tenderer. Each page of the Formn of Tender is to be initialed by the same person and stamped. If the Tenderer is a joint venture belivesn bo or more contractors, the Form of Tender must be signed by a representative of each such contractor, in each case by some person(s) authorised to sign tenders on behalf of the contractor end the joint venture. ‘Save for insertion of the above information, the Form of Tender must not be amended, added to or otherwise modified in any manner whatsoever. ‘The Tenderers attention is also drawn to the stipulation in Clause 6 of the Form of Tender that in the event of a discrepancy between anyamount stated in words and in figures in retation to a single enlty, the amount inserted in words shal prevail end be regarded as conclusive, (b) A signature authority in the form of a certified Boerd Resolution of the Tenderer or a sealed Power of Attomey granted by the ‘Tenderer, in each case authorising the person(s) who signed the Form of Tender and accompanying documents 20 to do. (c) The {hard copy of the] Bills of Quantities [provided as part of the ender Documents}, duly priced and completed in indelible ink, signed on the first page and initaled and stamped on each ‘subsequent page by the person(s) who signed the Form of Tender. (4) Each of the following Tender Documents, must be signed on their respective firet pages (or, in the case of Drawings, intialled in the bottom right hand comer) and intialled and stamped on each subsequent page by the person(s) who signed the Form of Tender. VOLUME 4: INSTRUCTIONS TO TENDERERS & CONDITIONS OF CONTRACT VOLUME 2: SCOPE OF WORKS & SPECIFICATIONS VOLUME 3: DRAWINGS VOLUME 4: BILL OF QUANTITIES EAGLE FULS DIAR COMPANY WL vow Tested for Tendor 9n2017,Marassi Al Bahrain Mall, Car Park, Vida Hotel & Vida Service Apartments (Pot 3) Tender Package (9) “FaGLE HAS DAR COMPANY WAL 7 ae tesued for Tender oxi2017 (e) , fy 2 @ (wy, (ii) w) Instructions to Tenderers The Tenderer shall not make any changes or modifications to any of the issued Tender Documents. Should the Tenderer have made such modifications, or have violated any of these instructions herein contained, his Tender may be disqualified ‘The Technical and Financial Offers shall be separete, in two different envelopes clearly marked as ‘Technical Offer’ and ‘Financial Offer’ as follows. FINANCIAL OFFER - ENVELOPE 1 (Original + 2 Copies + Scanned soft copy) (A) Volume 4 — Part 1 (B) Volume 1 ~Part 2&3 (C) Volume 4 — Part 1, 2,3 & 4(Original + 2 Copies + Excel Copy) TECHNICAL OFFER - ENVELOPE 2 (Original + 2 Co Scanned soft copy) (A) Volume 2- Part 1,2, 3,485 (B) Volume 2 ~ Part 6 ( Bidders Technical Propesal) (©) Volume 3 - Part 18 2 (0) Tender Addenda ‘A Tender Bond in the form attached to these Instructions to Tenderers as Appendix C which shall be issued by @ bank in Kingdom of Bahrain approved by the Employer for the purpose. “Tender Bond in an amount of BHD.250,000 (Two Hundred & Fifty ‘Thousand Bahraini Dinars Only) ‘Ail Costs of obtaining and keeping in force the Tender Bond shall be bome and paid by the Tenderer. ‘The Tender Bond shall when issued be valid for One hundred & twenty (120) days after the latest date by which Tenders fave to be delivered as stated in Clause 7.1 above or, ifit be earlier, and the Tenderer’s Tender has been accepied, up to the date of delivery of the Performance Bond to be delivered under the Contract and Jgcued by a bank in Kingdom of Bahrain approved by the Employer for the purpose. If the Tenderer whose Tender is eocepted fells to provide the above mentioned Performance Bond issied by @ bank ‘approved by the Employer for the purpose within fourteen (14) days after the Commencement Date or if a Tenderer withdraws its ‘Tenderbefore the expiration of the vaiiity of the Tender Bond or if the Tenderer whose Tender is accepted fails to sign the Form of”)Marassi Ai Babrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 3) Tender Package ‘Agresmentin aocordance with Clause 19.4 below, the full amount of the Tender Bond shall become payable to the Employer 2s compensation for such default (vy) A tender bond in respect of another tender is not acceptable as the Tender Bond in respect of this Tender and a declaration, signed by both the Tenderer and the surety, that the Tender Eond is in respect of this Tender alone shall accompany the Tender Bond. (vi) Tenders submitted without the Tender Bond will be rejected. (h) ‘Addenda to the Tender Documents issued in accordance with ‘Clause 5 of this Instructions to Tender above, in each case signed on the first page and initialled on each subsequent page by the person(s) who signed the Form of Tender. “) The following additional Deliverables comprise the technical submission (stamped & initial on each page) of the tender which shall be the basis for the Employer to evaluate the Contractors technical competence and abilly to carry out the Contract and comprises of : VOLUME 2— PART 6 - BIDDERS TECHNICAL PROPOSAL Schedule 1 — Contractors Execution Plan Schedule 2. — Contractor's Representative ‘Schedule 3 — Key Personal Names & qualifications Schedule 4 ~ Tenderer’s Organization Schedule 5 — Project Organization Schedule 6 ~ Commercial & Trade License Schedule 7 — Power of Attorney Schedue 8 — Contractors Proposed Programme Schedule 9 — List of Plants & Equipment Schedule 10 ~ Resources & Facilities Schedule 11. - Vendor List, Material sources, Subcontractors & Suppliers ‘Schedule 12. — Relevant Experience Schedule 13 — Current Work in Hand Schedule 14 — Financial Information & Insurance Schedule 15 ~ QA/QC Procedures Schedule 16 —Health & Safely and Environment Requirements Schedule 17 - Outline Method of staternent & Technical Information 0 The tenderer shall comply with the BOQ siructure and introduction as issued and must submit the hand written priced BOO only on the issued controlled (stamped) BOQ. The BOQ soft copy is issued for reference only. No alteration shall be accepted or prevail over the BOQ Issued via the Tender Documents. w All the Issued soft copy documents are for Bidders reference only. In case of discrepancy between soft copies & hard copies, hard copies shall prevail. ESE TS BYR COWPINWEE ois ‘Bie ; Issued for Tender reat ‘oa2017 HA)! a SHES Wee‘Marassi Al Bahrain Instructions to Tenderers: Mal, Car Par, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package 9 94 10 10. 10. 10: 8.2 Any failure to provide any or any part of the documents and information described in Clause 8.1 above, may result in the Tender being rejected by the Employer as being invalid without further notice to the Tenderer. 8.3 The completion of all documents shall be in indelible ink or typewritten and, formercase, shall be in capital letters. Any alteration or erasuremust be the person(s) who signed the Form of Tender. NO ALTERATIONS TO TENDER DOCUMENTS: Subject to any provision to the contrary contained in the Tender Documents, no erasure, alteration of addition shall be made by the Tenderer to the Tender Documents or any addenda thereto issued in accordance with Clause § above ‘other than completing the said Documents and any addenda thereto es required by these Instructions to Tenderers. The documents referred to in Clause 8.1 sbove shall notinclude copies of the Tender Documents produced by scanning the originals thereof or re-typed versions of the Tender Documents in leu ofthe said originals [or print outs of the Bils of Quantities from the CD provided as part of the Tender Documents} FIED PRICE LUMP SUM 1. The Tenderer shall note that the Tender Summ is a fixed price lump sum ancl that the work shall not be subject to re-measurement(Except items marked 2s Provisional’) 2 The rales and prices stated in the Price Breakdown are fixed for the duration of the Contract and shall not be subject to any adjustment in respect of rise or fall in the cost of labour, materials, Plant, Contractor's Equipment transport or any other matters affecting the cost of execution of the Contract, 3. Bysubmitting a Tender and regardless of any information provided by the Employer the Tenderer shell be deemed by its own means and atits cwn responsibility to have satistied Iiself 25 (0 the coreeciness and sufficiency of and all conditions and circumstances affecting the Tender Sum and the rates and prices stated in the Price Breakdown, as to the Site and its surroundings, as to climetic conditions, as to the extent and nature of the Works, as to the superintendence, the labour, the Plantand Contractor's Equipment and all other things, whether of a temporary or permanent nature, required in and for the design, execution and completion of the Works and the remedying of defects therein, as fo the applicable laws, statutes, ordinances and ather laws, other provisions having the force of law, bye-laws and regulations, as fo the Time for Completion for the whole of the Works and for each Section of the Works and generally as fo all other ciroumstances, risks andl contingencies which may be relevant to the performanes and observance of all the Contractor's obligations under the Contract (including those under Provisional Sums, if any) and {o the paytnents to be made to the Contractor in respect thereof. The Tender Sum and the rates and prices stated in the Price Breakdown shall be deemed to have taken account of all of the aforesaid. EAGLE FALLS DIVAR COMPANY WAL va Issued for Tender xtz017" 42 3 4 18 Ai Bahrain Instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CURRENCY OF TENDER & COST OF TENDER DOCUMENTS 4 ‘The Tender Sum to be inserted in Clause 1 of the Form of Tender and the raies and prices to be inserted in the Bills of Quantities shal! be expressed in Kingdom of Bahrain Dinars, Any cost or expense of whatsoever nature incurred in connection with the preparation of the TENDER shall be borne entirely by the Tenderer. VALIDITY OF TENDER 42.4. The Tender shall be valid and binding upon the Tenderer for a period of One hundred & twenty (120) days from the latest date fixed for receiving the same as described in Clause 7.1 above and it may be accepted at any time before the expiration of that period. LANGUAGE 43.1 All communications between the Employer and the Tenderer and all the Tender Documents shall be in the English language and Cleuse 4.1 (Languages) of the Conditions of Contract shall apply in relation thereto VISITING THE SITE 144 142 PERFORMANCE AND ADVANGE PAYMENT BONDS ‘The Tenderer shall visit the Site and in any case shall ke deemed to have visited the Site and its surroundings or caused it to be visited on iis behalf by a competent and reliable person to obtain for itself all requisite information relating thereto for the purpose of preparing a Tender and entering into a Contract. In this regard, without limitation, reference is made to Clause 4.10 (Site Data) of the Concitions of Contract’ All costs incurred in connection with such visits shall be borne by the Tenderer. Visits to the Site and its surroundings shall be made at the Tenderer's ‘own risk and responsiblity. The Tenderer shall indemnify the Employer (including ‘without limitation any consultant, servant, agent or employee of the Employer) against any and! all losses, liabilities, costs, claims, actions or demands which it may incur or which may be made against it as a result of or in connection with ‘any loss, injury (including death) or damage to persons or property which may result from of occur in connection with such visits tothe Site by the Tenderer or such competent and reliable person. Arrangements for such vieits which are to be made during the normal business hours of the Employer (see Clause 7.1 above) may be made by contactng the Employer by email to MABTender@hi and 66, to contracts.bahrain@eaglehills.com & tdr@eaglehills.com with reference number Ref: BHIPLT1GIO2 in its subject line. The Tenderer shail give the Employer [two (2)] working days notice of such proposed visits EAGLE HILLS OWVAR COMPAL oa Issued for Tender cezo17 er a“Marassi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package of Contract in respect of the requirements for the provision of a Performance Security and an Advance Payment Guarantee which are fo be in the form set out in Appendices A and B respectively of the Conditions of Contract 16 ALTERNATIVE TENDER 16.1 In addition to (but not in lieu of) submitting a Tender which complies with the equirements of the Tender Documents and any addenda therefo issued in accordance with this instructions to Tenderers Clause 5, a Tenderer may also prepare and submit the original, duly signed on the first page and initialed on each ‘subsequent page by the person(s) who signed the Form of Tender, together with three copies thereof, of a Schedule headed “Scheclule of Alternatives" which Schedule, shall:- (@) list separately any changes to the Tender Documents and any addenda thereto issued in accordance with Clause 5 of this Instructions to Tenderers, which changes the Tende'er considers would, if made, confer a benefit upon the Employer by reducing the ‘Tender Sum, decreasing the Time for Completion of the Works (or any Section or other part thereof) or improving the performance of the Works (or any such Section or part) whilst still meeting the basic requirements of the Employer as evidenced by the Tender Documents and any addenda thereto. In considering such changes, the Tenderer is advised to take into account that time is of the essence in the carrying out and completion of the Works; (b) contain a separate statement for each such change giving sufficient technical details to enable the Employer to evaluate the seme; end {contain a separate statement for each such change of the reduction (or increase) in the Tender Sum, the decrease in the Time for ‘Completion of the Works (and any Section or other pert thereo!) and the improvement (or detriment) to the performance of the Works (or any such Section or part) which would be involved in making that change. 16.2 The Schedule of Alternatives (If prepared) shall consitute a separate offer by the ‘Tenderer to carry out the Works in accordance with all or any of the changes listed therein which the Employer may specify in a notice of acceptance to the Tenderer under Clause 19.3 below. 46.3 The Tenderer is not obliged to prepare and submit a Schedule of Atematives. 47 OPENING OF TENDERS 47.1. The Tenders will be opened in private by the Tender Committee of the Employer after 41200 hours on the latest of the dates referred to in Clause 7.1 above. 18 EVALUATION OF TENDERS 48.1. The Tenderer may be required, atts own cost, to visitthe Employer's offices or other offices after the delivery of its Tender in order to discuss any aspect ofits Tender as required by the Employer and to answer any queries raised by the Employer and its coneultants, pee, “EAGLE TALS DAR COMPANY WL Isabed for Tender cian?‘Marassi Al Bahrain Instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Tfsuch errors are made then the Employer shail make the following adjustments: (@) The errors shall be amended through to the total of the Bills of Quantitss. (b) Ifthe amended total ofthe Bills of Quantities is higher than the Tender Sum a correcting amount shell then be deducted from the amended total ofthe said Bills to bring it back to the Tender Sum and all rates and prices inserted by the Tenderer in the Bills of Quantities (excluding Provisional Sums) shall be decreased in the same proportion 2s the amended total of the said Bills (excluding Provisional Sums) exceeds the Tender Sum (excluding Provisonal Sums). (0) If the amended total of the said Bills is lower than the Tender Sum then the said amended total shall be deemed to become the Tender Sum, ‘The Employer shall notify the Tenderer of the said adjustments and the Tenderer shall confirm its agreement in writing to be bound by its Tender, adjusted as aforesaid, The Employer reserves the right to call upon and be paid the full ‘amount of the Tender Bond should the Tenderer fail fo 80 confirm. 49 ACCEPTANCE OR REJECTION OF TENDERS 194 192 193 194 195 196 197 198 on.2017 EAGLE HILLS BIVAR COMPRA Issued for Tender HAJf: ‘The Employer shall not be bound to aocept the lowest or any Tender it may receive and shall not be bound to give any reasons for nion-acceptance of any such Tender. ‘Any Tender submitted that is not in accordance with these Instructions to Tenderers may be rejected at the Employer's discretion, ‘Any Tender may be accepted during the period of its valiity by despatch to the Tenderer of a notice in writing from the Employer of such acceptance. Thereafter, the Tenderer concemed shall, forthwith upon an engrossment of the Form of Agreement (together with the documents referred to therein) attached to these Instructions to Tenderers as Appendix B being presented to it, duly execute and deliver the same to the Employer. Such delivery shall be accompanied by evidence of signature authority which shall mutatis mutandis: comply with Clause 8.1 (b) above. Unless and until the said Form of Agreements so executed and delivered, the Form of Tender and the accompanying documents referred to in Clauses 8.1(c), (d} and () and (if and fo the extent applicable) in Clause 16 above together with the Employer's written notice of acceptance thereof shall constitute @ binding contract between the Employer end the Tenderer valid from the date of the Empioyer’s wrtien Letter of Acceptance. As soon as practicable after despatch of a notice of acceptance to any Tenderer, the Employer shall give notice in writing of such acceptanes to all other Tenderers who subinitted Tenders and who have not previously been given notice thal their Tenders. will not be accepted “The Employer may at any ime give notice to eny Tenderer thatthe Tender submitted by it wil not be accepted Upon the firs to occur of the Tenderer concemed being notified by the Employe the Tender of another has been accepted or that its own Tender will nat be acMarassl Al Bahrain Instructions to Tenderers Mal, Car Park, Vida Hotel & Vida Service Apartments (Plot 3) Tender Package ‘or the Tender of the Tenderer concerned ex to the prior retumn in accordance with Clause Tender Documents and any addendum th Clause 5 above, the Tender Bond submitted by it shal be Employer. 49.9 The Employer shall not be responsible for, or be liable to pay or reimburse any’ ‘Tenderer for, any costs incurred by any Tenderer in connection with the evaluation of the Tender Documents, the preparation or delivery of its Tender or any Subsequent atlendance at post-Tender meetings in the Employer's offices or elsewhere, ‘ing without being acvepted, subject 3.4 above by such Tenderer of all the fereto issued and despatched under retumed to it by the 20 PREVIOUS DISCUSSIONS AND DOCUMENTS SUPERSEDED to Tender, the Tender Documents and any addendum ‘with Clause 5 above supersede all previous written .cussions end documents which may have ferer in connection with the 20.1. The contents of the Invitation thereto issued in accordance ‘or oral representations, warranties, dis been made to, had with or made avellable to any Tend: \ BM | oivar tdogurments ‘Works. bes | aE mRTACORTE wew ee ed or Tomer HAY: (oci2017,‘Morassi Al Bahn Instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX A FORM OF TENDER EAGLE HILLS DIVAR COMPANY WLL Tota |ssued for tender oc2017‘eressl Al Bahein instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 2) Tender Package FORM OF TENDER Date Eagle Hills Diyar Company WLL Level 27, West Tower Bahrein World Trade Centre, Manama Kingdom of Bahrain PO Box 15149 Dear Sirs, MENTS (PLOT 1) TENDER. MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APART PACKAGE MARASSI AL BAHRAIN 1s, Conditions of Contract, General of Quantities [Standard Conditions on paragraph 9 hereof for the carrying 4. Having examined the Instructions to Tenderer Requirements, Drawings, Specification, Bills ‘of Subcontrae!] and the addenda (if any) referred cout of the Works forming part of the project known as MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE MARASSI |AL BAHRAIN in the Kingdom of Bahrain, we the undersigned, hereby offer to consiruct, execule end complete the whole of the Works and to remedy defects therein, all ix conformity with the aforesaid documents and the enclosed (Tenderers. Proposel) for the sum of BHD.. or auch olter sums as may be determined in accordance with the sid document. 2. We undercke, if our Tender is accepted, to commence the Works not lefer than never (7) daysafter the Award Dale andto complete the whole of the Works end each Seoion of the Works within the applicable Time for Completion. The respedtive Times for Compltion for the whole ofthe Works and for och Section of the Works are as stated below subject tothe terms, conatons ‘andl provisions of the Contract: Doe XK ‘EAGLE THLAS DIVAR COMPANY NLL Issued for tender (oct 2017‘Marassi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 3) Tender Package ‘Time for Completion We undertake to complete the whole of the Works within the period stated below ‘and this duration is demonstrated in our logic-driven programme which is enclosed with ur tender. ‘The whole of the Works [ fdas] Leadvin and mobilization period: [ 1 Keys) Unless stated otherwise in the Bills of Quantities, for those parts of the Works which are covered by Variation Orders or Provisicnal Sums (other than Provisional Sums for those parts of the Works (if any) to be cartied out by Nominated Subcontractors) and which cannot, in the opinion of the Employer, be valued using the rates and prices (or, where applicable, based cn the rates and prices) contained in the Contract, we propose that an addition of [see Appendix to Tenderer] for Contractor's overheads and profit be used in the veluation of such parts of the Works. In consideration of the time and expense incurred by you in preparing the Tender Documents and examining and considering tis Tender, we agree to abide by this Tender for a period of One Hundred Twenty (120) days from the latest date fixed for receiving the seme es described in Clause 7.1 of the Instructions to Tenderers and it shall remain binding upon us end may be accepted at any time before the expiration of that period Unless end until a formal Agreement is prepared and executed this Form of Tender and the accompenying documents referred to in paragraph 1 hereof together with your written acceptance thereof, shall constitute @ binding contract between us, valid from the date of your written Letier of Acceptance. We agree that, in the event of a discrepancy between any amount inserted in words ‘and in figures in relation to & single entry in this Form of Tender or in any of the ‘documents referred to in paragraph 1 hereof, the amount inserted in words shell prevail and be regarded as conclusive. We understand thet you are not bound to acoapt the lowest or any tender you ay receive and that you are not bound to give eny reasons for non- acceptance of ‘any tender you may receive. In this Form of Tender words and expressions shell have the same meanings as are respectively essigned to them in the Conditions of Contract. EAGLE FILS DIVAR COMPANY WIL Bora Issued fr tender (Qc: 2017Marass! Al rain Inetructions to Tenderers ‘Mall, Car Park, Vide Hotel & Vida Service Apartments (Plot 4) Tender Package 9. We acknowledge receipt of the following addenda issued in accordance with Clause § of the Instructions to Tenderers, which we have examined and agres to be binding. Reference Daled this BY OF oan Signature. In the capacity of. Inthe Capacity OF... Name... Name. asesesenrnn duly authorised to sign tenders duly authorised to sign tenders for and on behalf of {for and on behalf of Witness .. ccupation. {EAGLE FILLS DIYAR COMPAR LL aoe 5 Issued for tender 0et2017,Marassi Al Bahrain Mall, Car Park, (Plot 1) Tender Package Instructions to Tender ida Hotel & Vida Service Apartments INSTRUCTIONS TO TENDERERS APPENDIX B APPENDIX TO FORM OF TENDER Tepe Tender Rove 257 rasta OIC Re bok OH aera on ' 4 2 AIK EAGLE HILLS DAR COMPANY WLL cl | OIYAR AJ ER teaued for tender mae cer rats Tender aMarassi Al Bahrain Instructions to Tender ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package item Sub-Clause Data Tmplover’s name and | 14.2.2; 13; | Name: Eagle Hills Diyar Company WUL addcess/Address for | 20.9 ‘dress: Level 27, West Tower, World Trade Centre, service ?.0.80x 15148, Manama, Kirgdom of Bahrain. Facsimile No.:+973 7789 000L Contractorsname | 13209 | Name: [TBC] and address/Address Address: (TBC) for sevice Facsimile No. [TBC] Engineersnameand [112413; [TBC adaress/Address for | 20.9 Service 7 Employers Corporate | 209 Marve: Eagle Hille Properties Address for Service adress: P.O Box 34888, Abu Dhabi, United Arab Emirates Feesimile No. +971 26338886 qmeTorCompletion |1i33 | VidaSA 730-days of the Works Vida Hotel 854 days Ea Mall 915 days Car Park 365 days from the Commencement Date Safed Notfcation [L137 | 365 Days for each section of works. Period Additional TESI0(@ | hs per Contract Documenisand Speciications Documents Required for Substantial Completion Electronic 13 Puaweb ‘Transmission systems Governing 1a ia Taw of the Country Tanguage for 1 English Contract documents Language for ia English Communications Compliance with | 1.13 Traccordance with Bahrain Law Laws Time forAccessto | 24 From date of Commencerent. the Site Engineer's Normal [3.6 Zngineer’s Normal Working Hours: 0800 to 1700 Working Hours and {Saturday to Thursday] Overtime Rates Overtime Rates: Overtime Hourly Rates (AED) Resident Engineer 540) Assistant Resident Engineer 468 Health and Safety Officer 260 Engineer / Architect 325 “opendito Tender av Feb 2017 ane EAGLE HILLS DIYAR COMPANY WLL Issued for tender (Red book 1989 apendments Page dol?Instructions to Tender Marassi Al Bahrain Mall, Car Park, Vida Hotel & Vide Service Apartments (Plot 1) Tender Package “Senior Engineer / Architect 397 Inspector 130 Land Surveyor 115 ‘Amount of az [0% of the Accepted Contract Amount, in the currencies Performance Security ‘and proportions in which the Contract Price s payable. “Rppendisto Tender fev Feb 2017 eatin EAGLE HILLS DIYAR COMPANY WL {issued for tender ‘ocra017 Form of Performance | 4.2 Form: In the form enclosed as a Schedule to the Contract Security and issuing Providing entity: A bank in the Kingdom of Bahrain entity: expressly approved by the Employer. Parent Company | 4.28 ‘A parent company guarantee is required. Guarantee Time: The parent company guarantee shall be provided no later than 21 days after issuance of Letter of Acceptance. Entity: [Insert] Form: In the form enclosed as @ Annex Cto the Contract, Wormal Working [65 Tn accordance with the Governing Law Hours ‘Delay damages for | 8.7; 14.15(b) | Vida SA BD6,000/" rer day ne the Works Vida Hotel BD7,000/: per day Mall BD65,000/- perday Car Park 8D2,600/- per day Waximum amount of | 87 “10% of the Contract Price delay damages Information for other | 10.5(a) in accordance with Division 1 General Requirements of contractors, the Tender Document. New rates and prices | 12.3 5% of the reasonable Cost for executing the work if there ore $3.5(0)i) Provisional Sums’ Percentage for 5% adjustment of Provisional Sums Total advance 142 ‘5% of the Accepted Contract Amount payment Number and timing | 14.2 Two equal instalments of instalments of the installment (2.5%); After Letter of Acceptance; advance payment, 2 installment (2.5%): 4 months after 1* installment. {Subject to compliance with the Conditions of Contrect) Currencies and 142 Bahraini Dinars proportions Start time for Tala) Second interim Payment Application repayment of the | advance payment Page 0F7 FE Red bo 999 amendmen Bag ora A) “haMarassi Al Bahrain Instructions to Tender ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Repayment 14.2(0) amortisation of the advance payment. 3% of each interim Payment Certificate Percentage of Taste) retention. 10% Umit ofretention | 14.3{c) money 110% of the Contract Price If Sub-Clouse 14.5 ‘applies: Plant and Materials | 14.5(b) for payment when shipped en route to the Site Plant and Materials | 14.5{c) Not Applicable ‘The following Plants and Materials for incorporation into for payment when the permanent works: delivered to the Site * Doors & Windows » Balustrades, Handrails + Porcelain tiles «Sanitary wares Kitchen units, Built-in Wardrobes © Ai Handling Units, Pumps, Minimum of amount | 146 BD 300,000.00 of Interim Payment Certificates ‘Currency or 145 Bahraini Dinars currencies of payment WfSub-Clouse 14.15 | 14.15(a) (a) applies: Proportions or amount of payment in Local and Foreign Currency: Fixed rates of exchange for local and foreign currency: 100% in Kingdom of Bahraini Dinars Not Applicable ‘Rapenahto Yonder av0 Fe 2007 Baan EAGLE HILLS DIVAR COMPANY WLL Issued for tender Page elMarassi Al Bahrain Instructions to Tender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Period for submission of insurance: * Evidence of 18.1 7 days after the Commencement Date insurance ® Relevant policies | 18.1 7 days ‘Types of insurance, 18.1; 18.2; =: [omeciione — amount of cover, and | 18.3;184 || or | TP Smouneat | Pony insuring Party ‘cover 122 | tnsuarcetor wrk rn, |raconroa | cowocer Nteasandonscrs | Amounts 1% Documents tnsuarectorcomacors | Fo coarcor cope fect vue 103 rswanceaganstanyt0 | n0,000000 | conocer penoneanddamageto | pecan brevet. {eran tnthena cocute 1a [convacorsrercanet | asprtrgsin | coma eames ‘ina auiae Tnsurance for FBZ | oomervanswrenana Employer's risks sot fale wo be ewe 3 j i Tae 7 SB v a0 v 74 (a) TT Tate y 173 (1) v 7 Te V Tam y Fendi Tata te OFS OAT oat TCR nok aE Shoe EAGLE HIS DAR COMPANY WL Isued for tenderMarassi Al Bahrain Instructions to Tender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package “Amount of 185 ‘Minimum amount of cover: To cover Contractor designed Professional scope of works Indemnity insurance and term from the ‘Term of Professional Indemnity insurance from the date date the the Performance Certificate is ised: 10 years Performance Certificate is issued ‘Arbitration 206 Rules: Bahrain Chamber of Dispute Resolution Seat: Bahrain Venue: Bahrain Chamber of Dispute Resolution Number of Arbitrators: Three (3) ‘opendci Tender Rev Feb2017 Page 67 eatrain EAGLE HILLS DIYAR COMPANY WLL Issued fr tender[ s ‘Marassi Al Bahrain Instructions to Tender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package SUMMARY OF SECTIONS OF THE WORKS. ime for Completion (Sub-Clause 1.1.3.3) Le \ “Repent Tender Rev OF 2017 Pape? oie Redbook 1999 mendiTans ahain EAGLE HILS DAYAR COMPANY WL HAJ!’ {esued for tender ocra07Marasst Al Bahrain Instructions to Tender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX G FORM OF TENDER BOND AGLEHLUS DWAR COMPANY WL 1083 Issved for Tender‘Marassi Al Bahrain Instructions to Tender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package FORM OF TENDER BOND [Date] Eagle Hills Diyar Company WLL Level 27, West Tower Bahrain World Trade Centre, Manama Kingdom of Bahrain PO Box 75777 Deer Sirs, MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) ‘TENDER PACKAGE - MARASS| AL BAHRAIN TENDER BONDNO.[ J Whereas our client, (referred to hereinaiter 2s "the Tenderer), in response to your Invitation to Tender dated |__|], is tendering for the carrying out and completion of Non Branded Residential Buildings Plot “ forming part of the project known as Marassi Al Bahrain in the Kingdom of Bahrain. ‘And whereas the instructions to Tenderers accompanying the Invitation to Tender provide that the Form of Tender shalll be accompanied, inter alia, by a Tender Bond in an amount of BD250,000 (Two Hundred & Fifty Thousand Bahrain’ Dinars Only) We, [name of Bank and address], hereby irrevocably and unconditionally undertake that, forthwith upon our receiving written notice from your duly authorized representative stating that in your sole and absolute judgement, the Tenderer has failed to observe or perform any of the terms, conditions or provisions of the instructions to Tenderers on its part to be observed or performed or one of the circumstances described in paragraph {8.1(g)(w)] of the Instructions to Tenderers has occurred, we will, without proof or conditions and without any right of set-off deduction or counterciaim and notwithstanding any objection which may be made by the Tenderer or any other person, forthwith pay to you, to such accountas you may nominate in Kingdom of Bahrain Dinars, such amount 2s you may in such notice requirenot exceeding (when aggregated with any such amount(s) previously so paid) the amount for which this Bond is for the time being vali. “This Bond shall be valid from the date hereof inits full amount, namely Kingdom of Behrein Dinars [words] (BHD [figures)), end shall continue to be so valid in the full mount with respect o any such written notice to us as is referred to above end as is received by us not later than One Hundred and twenty (120) daye after the latest date for eubnigsion of the Tender stated inthe Instructions to Tenderers] or, iit be earlier and the Tenderer's Tender hes been accepted, the date of delivery to you of the Performance Bond to be delivered to you under the Contract. This Bond shall not be valid with respect to any ‘written notice received by us after [ | (or ifitbe earlier the date of delivery to you of the Performance Bond to be delivered to you under the Contract) and shall thereatter be null and void. When the validity of this Bond hae expired, it must be returned to us for cancellation but we shall be released from any such abigation hereunder even if, in breach of this provision, such retum has nottaken place. ‘sy ‘AGLe HUSA COMPAN VR ora \\oazo17 Iswed for TenderMarassi Al Bahrain Instructions to fender Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package ‘Any payment by us hereunder shall be in immediately avellable and freely transferable Kingdom of Bahraini Dinars free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed. ur obligations hereunder are of a continuing nature, constitute direct, primary, irevocable ‘and unconditional obligations which shall not require any previous notice to or claim against the Tenderer or any other person, and shall not be discharged! or otherwise prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the Tenderer, or by any unenforceability or invalidity of, or any amendment, modification or extension which may be made to the Form of Tender or the Contract or the work to be performed thereunder, or by any intermediate payment or other satisfaction made by us, or by any change in the constitution or organization of the Tenderer, or by any other matter or thing which in the absence of this provision would or might have that effect except a discharge or amendment hereof expressly made or agreed to by you in vting This Bond and all the rights and benefits thereunder shall be freely assignable by you to any party to whom the Contract has been assigned, including by way of security, but may not ‘otherwise be assigned by you without our prior consent in wring, which consent shall not be unreasonably withheld or delayed. This Bond shall be governed by and construed in accordancs with the laws and regulations Cf, and from time to time applicable in, the Kingdom of Bahrain nd the laws and regulations of the Kingdom of Bahrain, to the extent the same are applicable therein. We hereby submit to the jurisdiction of the courts of the Kingdom of Bahrain in connection with this Bond, which jurisdiction shall be exclusive save in respect ofthe enforcement of any judgment or order of such courts, Yours faithfully, Duly authorized representative for and on behaf of [Bank] EAGLE US DAK COMPANY WL 3063 (0 van \ '\ wenaasipayyMarassi Al Bahrain Instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX D MON DISCLOSURE AGREEMENT EAGLE HILLS DIYAR COMPANY WL Issued for tender(CONFIDENTIALITY UNDERTAKING ‘This confidentiality undertaking (the "Undertsking") is made on this day of 201_, by and between: {. Eagle Hills International Properties LLC, a limited liability company incorporated and registered in Abu Dhabi, United Arab Emirates, holding a commercial license number CN-1798355, whose principal place of business is at Capital Gate tower, Level 12, Abu Dhabi, United Arab Emirates, P.O. Box 34888 (hereinafter referred to as "EH"); and _ company incorporated ia, 2 ie iif holding a commercial license numbet so. n-nnensennn WHOSE principal place of business is at P.O Box... s aaamaaaas Tr rs ‘i (hereinafter referred to asthe “Undertaking Party”), ‘(Collectively referred to as "Parties" or individually as a "Party") PREAMBLE: (A) Atthe request of BH, the Undertaking Party wishes to carry out the Transaction (as, defined below in clause 1), 48) In co-operating, EH or any company of EH Group may disclose Confidential Information (as defined below in clause 1) for the purposes of the Transaction to the Undertaking Party (©) The Undertaking Party will ensure that Confidential Information disclosed by EH ‘or any company of EH Group will remain confidential in accordance with the terms of this Undertaking. NOW IT IS HEREBY AGREED AS FOLLOWS: 1. DEFINITIONS AND INTERPRETATION 1.1 The above preamble forms an integral part of this Undertaking 12 Confidential Information" means any and all information concerning the proposed Transection that is non-public and proprietary in nature including information conveyed in any form whatsoever and including inter alia, without limitation, patents and patent applications, trede-secrets, proprietary \4 16 information, cusiomer and guest lists, their names, addresses and any personnel information relating to customers or guests of EH, market data financial data, pricing information, engineering files and any other ideas, samples, techniques, illustrations, sketches, images, drawings, works of authorship, mocels, inventions, know-how, processes, apparatuses, equipment, algorithms, formulae, the existence ofthe concept for any project, all designs, photographs, drawings, specifications, literature, cash flows, proformas, promotional material and any other material bearing or incorporating any information relating o any project and intellectual property rights therein, disclosed by EH or EH Group to the Undertaking Party for the purposes ofthe Transaction “EH Group” means any company or legal entity that controls, is controlled by, or is controlled by an entity that controls EH. For the purposes of this Undertaking, the word “controt” means the ownership directly or indirectly ‘of more than fifly percent (50%) of the voting rights in the election of directors, shares or other managing authority in a company or other legal entity “Person” means anatural person, corporate or unincorporated body (whether or not having seperate legal personality) and that person's lgel and personal representatives, suocessors and permitted assigns. “Representatives” means the Undertaking Party’s directors, officers, advisors ‘and employees “Transaction” means the services to be provided by the Undertaking Party regarding . rete) \ 2, THE UNDERTAKING PARTY'S OBLIGATIONS { In consideration of EH disclosing to the Undertaking Party the Confidential Information, i the Undertaking Party hereby undertakes the following: \ 2 22 23 to strictly maintain confidentiality of all Confidential Information that the Undertaking Party may acquire in any manner; ‘to not directly or indirectly use the Confidential Information for any purpose other than the Transaction and as directed by BH {o not directly or indirectly disclose any of the Confidential Information in whole or in part to any Person other than its Representatives, except with the prior witten consont of BA in accordance with this Undertaking, or where24 2s 26 27 28 29 240 ant the disclosure is made in writing during the ordinary course of business to a party appointed by EH; to not, and will further use all best endeavors to procure that its Representatives do not, at any time hereafter, reproduce or distribute in any form or by any means any of the Confidential Information to or for any Person other than itself and its Representatives, except with the prior writen consent of EH in accordance with this Undertaking or where the disclosure is made in writing inthe ordinary course of business toa party appointed by EH; to maintain, and at the request of EH, immediately deliver the original acknowledgement of cach Representative and any party to whom information is disclosed for the purposes of the Transaction hereof to be bound by this Undertaking; to keep separate all Confidential Information from all other documents and recorés held by the Undertaking Party; to keep all documents and any other material bearing or incorporating any of the Confidential Information at the Undertaking Party's usual place of business specified here above with the same degree of care as the ‘Undertaking Party normally uses to protect its cwn confidential information agains public disclosure, but in no case with any less degree than reasonable care; to notuse, reproduce, transform or store any ofthe Confidential Information in an extemally accessible computer or electronic information retrieval system or transmit it in any form or by any means whatsoever outside of the Undertaking Party's usual place of business, except to the extent it is approved by EH in writing, for the purposes of the Transaction, to transmit Confidential Information by electronic data communication to a party appointed by EH and approved personnel or to altemate locations of the ‘Undertaking. Party’s business in which case appropriate measures shall be implemented to maintain confidentiality; to allow access to the Confidential Information exclusively to those Representatives who have reasonable need to see it for the purposes of the Transaction and shall inform each of the said Representatives of the confidential nature ofthe Confidential Information and of the obligations on the Undertaking Party in respect thereof and shal obtain this Undertaking from each such Representative; to make copies of the Confidential information only to the extent that the same is strictly required for the purposes of the Transaction; and at the request of EH made at any time, (i) to deliver to EH or destroy all documents and materials (including any copies) in the Undertaking Party's4 and Representatives’ possession, custody or control that bear, reflect or incorporate the whole of, or any part of, the Confidential information (i) erase all Confidential Information from its computer systems, and (ii) certify in writing to EH chat it has complied with the requirements of thie clause. ACKNOWLEDGMENTS BY THE UNDERTAKIN 3.1 The Undertaking Party acknowledges that: Bud EH makes no representation or warranty, express or implied, as to, oF assuime any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by EH or any Person on EH’s behalf or the assumptions on which itis based; EH shall rot be under any obligation to update or correct any inaccuracy in the Confidential Information or eny other information supplied to the Undertaking Party oto any Person by or on behalf of EH or otherwise be liable in any way to the Undertaking Party or to any other Person in respect to the Confidential Information or any such information, and the Confidential Information disclosed to the Undertaking Party does not constitute an offer or invitation for any provision for any services ‘oc works. 32. ‘The Undertaking Party shall promptly inform EH of the full circumstances tupon becoming avare that Confidential Information has been disclosed in breach of this Undertaking, (CONFIDENTIALITY OBLIGATIONS? EXCEPTIONS “The Parties agree that information shall not be deemed to be Confidential Information to ‘the extent that it: 4.1. isorbecomes par of the public domain without violation of this Undertaking ‘or other wrongful act of the Undertaking Party; or 42 is disclosed pursuant to any competent court order, law or the rules of any applicable regulatory authority, provided that, to the exteat its legally permitted to do so, it gives EH as much notice of such disclosure as possible and, where notice of disclosure in accordance with this clause, it takes into account the reasonable requests of not prohibited and is given relation to the content of such disclosure.$3 REMEDIES FOR BREACH OF THES UNDERTAKING EAGLE WLLS ‘The Undertaking Party hereby acknowledges that damages alone would not be an adequate remedy for BH in respect ofthe breach of any of the provisions ofthis Undertaking and acoordingly without prejudice to any and all rights EH may heve, EH shall be entitled by ‘order of a competent court, without proof of actual damages, (othe remedies of injunction, attachment, specific performance and other relief for any threatened or actual breach of this Undertaking. Undertaking Party hereby agrees not to oppose the granting of any such relief in favour of BH. 6 INDeMNery Undertaking Party hereby agrees to hold and keep BH fully indemnified from and against any and all liability, losses, damages, costs, expenses (including but not limited to legal fees and professional fees), suits and claims which EH may suffer or incur as a result of any breach of this Undertaking by the Undertaking Party, waich indemnity shall be ceaforceable by order of competent jurisdiction 7 INTELLECTUAL PROPERTY All rights, tite and interest in any intellectual property (including, without limitation, copyright, trademarks, patents, design rights, trade secrets and rights of confidence) that are derived either now or hereafter from the Confidential Information belong exclusively to EH and this Undertaking shall not operate any transfer of any intellectual property rights in the Confidential information to the Undertaking Party & TERM OF THIS UNDERTAKING ‘This Undertaking shall be valid for a period of five (5) years fom the date first above written 9 ENTIRE AGaExMENT ‘This Undertaking constitutes the entire agreement between the Parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether vritien or orl, relating to the subject matter of this Undertaking, 10 SevERANCE Ifa court or any other competent authority finds that any cluse (or part thereof ofthis Undertaking is invalid, ilegal or unenforceable, that clause ar pert-cleuse shall, tothe extent required, be deemed deleted, and the validity and enforeeailty ofthe other clauses ofthis Undertaking shall nt be affected. 1 -VaRIATION ‘The clauses of this Undertaking shall not be varied otherwise than by an instrument in writing executed by both Parties and identified as an amendmentto this Undertaking.12 Assicnwent 12.1 The Undertaking Party shall not assign or transfer any of its rights or obligations under this Undertaking without the prior written consent of EH, 122 EH may, at any time, assign, transfer to any company of BH Group or deal in any other manner with all’or any of its righls or obligations under this Undertaking. 13) WaweR 13. The rights of EH under this Undertaking may orly be waived in writing 132 No failure or delay by BH to exercise any right, power or privilege under this Undertaking will operate as a waiver thereof nor will any single or partial exercise of any right, power or privilege preclude eny further exercise thereof or the exercise of ny other right, power or privileges under this Undertaking. 14 NOPARINERSHIP Nothing in this Undertaking stall be deemed to constitute an agency, partnership, joint ‘venture or other joint relationship between EH and the Undertaking Party. 15 Tap Panty ‘This Undertaking is made for tte benefit of EH and EH Group from time to time, and any entity in the EH Group may enforce this Undertaking as if they were EH and a party to this Undertaking. 16 GOVERNING LAW AND JURISDICTION ‘The formation, interpretation, validity and performance of this Undertaking shall be governed in accordance with the laws in force in the Undertaking Party’s jurisdiction. The courts of the Undertaking Party's place of business shall have exclusive jurisdiction and be the competent forum to decide any dispute arising of or related to the formation, interpretation, validity or exectrion of this Undertaking. IN WITNESS WHEREOF, the Undertaking Party has executed this Undertaking as of the date first above written, For and on behalf of the Undertaking Party ‘Authorised signatoryMarassi Al Bahrain Instructions to Terderers: Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX E LETTER OF ACKNOWLEDGEMENT EAGLE LIS AR COMPANY WAL 10F2 i |orme\ Issued for Tender : | }Marassi Al Bahrain instructions to Tenderers Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Acknowledgement of Receipt of Tender documents, We hereby confirm that we have received and checked the complete set of Tender documents, and hereby acknowledge receipt of the same. Name :( BLOCK CAPITALS).....11sso Signature... For and on behialf of Contractor :( BLOCK CAPITALS) EAGLE HILLS DWAR COMPANY WLL 2 oF2 lssued for TenderMarassi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX F STATEMENT OF COMPLIANCE EAGLE HILLS DIVAR COMPANY WL 1of3 ea \\ oct2017 Issued for Tender keg |Marassi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package STATEMENT OF COMPLIANCE Please note the items below refers to the Relevant selection of the Tender invitation Documents. Dated this ‘SCHEDULE THTLE 00 INTRODUCTION AND INSTRUCTIONS i0 TENDER EXECUTIVE SUMMARY 20 ‘CONTRACT EXECUTION PLAN 30 CONTRACTOR REPRESENTATIVE | 40 ‘CORPORATE INFORMATION 50 TENDERER ORGANIZATION STRUCTURE 60 PROJECT ORGANIZATION 70 KEY CONTRACTOR PERSONNEL 0 UST OF EQUIPMENT 30 RESOURCES AND FACILITIES 100 ‘SUBCONTRACTORS AND SUPLLIERS 110 UTILIZATION OF NATIONAL PRODUCTS AND PRODUCTS OF NATIONAL ORIGIN 12.0 RELATED EXPERIENCE 10 WORKIN HAND 140 FINANCIAL INFORMATION AND INSURANCE 10 ‘QA/OC PROCEDURES 160 HEALTH, SAFETY AND ENVIRONMENT 17.0 ‘ADDITIONAL INFORMATION Day of 2017 Signature(s) Name(s) . in the capacity of EAGLE HILLS DYAR COMPANY WLL Issued for Tender 20f3 oct2017Maressi Al Bahrain Instructions to Tenderers ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package For and on behalf of Messrs... Business Address... Witness: Signature Name & Address Tenderer’s company seal EAGLE HILLS DIVAR COMPANY WLL 3 of & DIVA? \ ocean Issued for Tender itt Tender «‘Marassi Al Bahrain Instructions to Tender ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package INSTRUCTIONS TO TENDERERS APPENDIX ‘CONFIRMATION OF SITE VISIT [EAGLE HILLS DIVAR COMPANY WLL 1 "ssuod for TenderMarassi Al Bahrain Instructions to Tender ‘Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 3) Tender Package CONFIRMATION OF SITE VISIT We hereby confirm having visited and examined the Site and its surroundings or caused itto be visited on our behalf by a competent and reliable person and have taken into account in the preparation of our Tender all requisite information concerning climate, location, access, working restrictions, suostrates, soils, slopes, contours, ground conditions, existing services, set-outs, grids, tolerances, adjacent buildings, height restrictions, traffic and all other factors which may affect or influence our Tender in any way and confirm that we have no queries or qualifications on any matter whatsoever conceming prevailing Sits conditions. Signed by... . in the capacity Ohare for and on behalf of... Name ... Date EAGLE HIS DIYAR COMPANY WAL 2 ocr 2017 Taaved for TenderBy oven EAGLE HILLS EAGLE HILLS DIYAR COMPANY WLL Muharraq, Diyar Al Muharraq Marassi Al Bahrain Kingdom of Bahrain TENDER DOCUMENTS FOR MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE BH/PLT1/C/02 VOLUME 1 PART 2- FORM OF AGREEMENT & APPENDIX TO FORM OF AGREEMENT OCTOBER 2017CONTRACT AGREEMENT THIS CONTRACT AGREEMENT made the day of 2047 the "Effective Date") BETWEEN: (1) Eagle Hills Diyar Company WLL having Commercial Registration No. 92363-1 of Level 27, West Tower, World Fratie Gente, P.0,Box 15149, Manama, Kingdom of Bahrain (the “Employer” which expresson includes the Employers successors end assigns); end 3] having Commercial Registration No. [Insert] of (the “Contractor” which expression includes the @ Employer's sucnessors and assigns). WHEREAS: 1A) The Employer desires that the Works known as should be executed by the Contractor in accordance with the Contract, including remedying of defects in the Works in accordance with the Contract {B) The Contractor has agreed to execute and complete the Works and to remedy any defects in the Works in accordance with the Contract. ‘THE EMPLOYER AND THE CONTRACTOR AGREE AS FOLLOWS: 4, In this Contract Agreement words and expressions shall have the same meanings as are sespectively essigned to them in the Particular Conditions and the General Conkltons hereinafter referred to. 2, The Contractor shall cary aut the Works in accordance with the Contract, 3. The following documents shall be deemed to form and be read and construed as ‘comprising the Contract: (a) This Contract Agreement; {b) The General Conditions ~ Conditions of Contract for Construction for Building and ngineering Works Designed by the Employer as published by the Federation {nternalionale Des lngenieurs-Conseis, ISBN 2-68432-022-8, First Ecition 1998 ‘The Particular Conditions (incuding the Appendix to Tender); and (a) The Specification, Drawings and other documents described in the attached List of Douuments, all of which have been signed for anc on behalf of the Employer and Gottractor for the purpose of identifying them with the Gontract * Bivaatentitedlon (i enanttory ne Aco artnet et er ay {this amount being the Accepted Contract Amount as may be adjusted in accordance with the Contract) in consideration. of the Contractor exetating and completing the Works, remedying any defects in the Works ancl fulling al its ot obligations, in accordance withthe terms of the Gontract, / “Fenn Cait “een Ceitet Bennie Page Tors5. ifany part of the Works has been executed by the Gontiactor prior to the Effective Date, such part of the Works shail be deemed to have been executed under and in accordance with the Contract and ali contractual obligations shall apoly to such parts of the Works. if any payments have been made in respect of such parts of the Works prior to the Effective Date, such payments shail be deemed to have been made under and in accordance with the Contract, and such sums shall constitule partial payment of the Contract Price on ‘behalf of the Employer. 8 The Contract shall come into full force and effect on and ffom the Effective Date, IN WITNESS WHEREOF the Parties hereto have caused this Contract Agreement to be executed on the date stated above in accordance with their respective laws, EXECUTED BY THE AUTHORISED EXECUTED BY THE AUTHORISED SIGNATURE OF THE EMPLOYER. SIGNATURE OF THE CONTRACTOR Inthe presence of MAME Signature Adress... Employers Sterp (applicable): Contractors Stamp (i appicabie) ‘ears | Bs | Dt se ond HPLES Tete oa Tee FormotConact "FIDE Red Book 1898 arnenatreents Bahram v2LIST OF DOCUMENTS Vage 2WV | DIYAR EAGLE HILLS EAGLE HILLS DIYAR COMPANY WLL Muharragq, Diyar Al Muharrag Marassi Al Bahrain Kingdom of Bahrain TENDER DOCUMENTS FOR MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE BHIPLT1/C/02 VOLUME 1 PART 3-CONDITIONS OF CONTRACT OCTOBER 2017Marassi Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package CONDITIONS OF CONTRACT &- GENERAL CONDITIONS OF CONTRACT EAGLE HILLS DIVAR COMPANY WL 10F2 Issued for tender ct 2017Marassi Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package ‘GENERAL CONDITIONS OF CONTRACT ‘The Conditions of Contract are FIDIC Conditions of Contract for Construction for Building and Engineering Works designed by the Employer, 1* edition 1998, as amended by the Particular Conditions as set out herewith, L ewe tcunen EAGLE HILLS DIVAR COMPANY WLL 20F2 HA) Issued for tender be ‘oct 2017Marassi Al Bahrain Conditions of Contract ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CONDITIONS OF CONTRACT B - PARTICULAR CONDITIONS [EAGLE MLLS OWYAR COMPANY WL tort ‘faved for Fenda ‘eazetrBH-RB00-10-17 PARTICULAR CONDITIONS These Particular Conditions amend the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer as published by the Fédération intemationale des Ingénieurs-Consoils, First Edition 1998 (the “General Conditione') (which are deemed to bo incorporated herein by reference). Insofar as any of the said Particular Conditions may conflict with, or be inconsistent with, any of the General Conditions, the Particular Conditions shall always prevail In these Pariicular Conditions, ‘words and expressions shail have the same meanings as are respectively assigned to them in the General Conditions. Sub-Clause numbers set out below refer to the corresponding Sub-Ciauses in ‘the General Conditions. ‘Sub-Clause 1.1 {Definitions} TAT Tisert the following words after the word “schedules” mi Sub-Clause 11.1.7: “Ginchudling its preambles and explanstory notes)." TAaat Tnsort the following es a new Sub-Clause 1.1.7.11: “Subcontractor Direct Warranty” meens any quaranise or warranty provided by @ Subcontractor fo the Employer in respec! of an element of the Works performed or supplied by such Subcontractor end warranting to the Employer, tthe satisfactory compliance by such Subcontractor of the terms of fs ‘Subcontract. TAA Insert the foliowing as a new Sub-Clause 1.1.1.12: * Warranty" means any guarantee or warranty offered either by the Contractor or jointly by the Contractor and any of his Subcontractor or Supplier fo the Employer in respect of ani element of the Works performed or suppiled by the Contractor or by @ relevant Subcontractor or Supplier, for the parts of the Works and for ihe durations detalied in the Specification, in 2 form approved by the Employer, which shall be issued to the Employer by the Contractor Ti28 Tn Sub-Clause 1.1.2.8 alter the words “appoinled as @ subcontracior insert the words “(including a nominated Subcontractor)” Tze Delete Sub-Ciause 1.1.2.9 in is entirely, and replace it with the words "hot used. Tat insert ihe following as a naw Sub-Clause 1.4.2.41: “Authorily’ mesns sny focel, reson iriivi, free zone, municipal government, ministry, government ‘commission, board, bureau, agency, instrumentally, exeoulive, judicial or administrative body having tion ore he Wor the Contractor, the Employer or any’ of thoir VA2A2 Insert the following 28 a new Sub-Clause 1.1.2.12: “Aliiiiete” means any entity, which forms part of, is owned by, is associated with, oF Is otherwise related to the Employer.” Tat Tr Sub-Clause 1.7.3.1 delete the number 25° and replace i with the number 14", T1386 la SubClause 11.56 delete the words “provione of the Parlier | Conaitions" and replace them wit the word “Contract”. 113.10 Insert the following as a new Sub-Clause 1.1.3.10: - “Substantially Complete" means the stage in the performance of tie Works, for Fear Gri Cae —— —Feae ose) FIN Re Dok er TENDER ies DOCUMENT: S| \ tositer da ‘\ |BH-RB-00-10-17 ‘he Works as @ whole or any Seclion thereof (as the case may be), when: (2) the Permanent Works are complete excep! for minor outstanding work enc! defects which: oO will not substantially affect the use or safety of the Works or 2 ‘Section for their infsnded purpose; and () do not cause any restriction under any applicable Law or undor ary direction of any Authority for the use and occupation of the Permanent Works; (b) all Tests on Taking Over have been successfully perlormed to the satisfaction ofthe Engineer In accoriance with Clause 9; (0) the Contractor shail also have prepared and delivered to the Engineer for approval: a0 all Drawings of that Section of the Works marked up lo show the as-built status as required by the Speciiication or any other Contract document or provision; and ® comprehensive drafts of ell operations end maintenance manuals (including without limitation charts end spare paris information) relating to thet Section of the Works as required by the Specification or any other Contract document or provision; and (@ all other documents and information speciiied in these Conditions and ir the Appendix to Tender are delivered to the Engineer including all ‘documents required for the use, operation and maintenance of the Permanent Works have been provided to the Employer inchxling elt Purchaser Warranties (W applicable) and all other license, permits, approvals, cariioales and dooumeniaion required by Law or by any Autry. 1443 Delete Sub Clause 1.14.5 in lis entirely and replace it with the folowing: "Cost" means al! drect expendilure reasonably and necessarily incurred by the Contractor, wheather on or off the Si, including overheads speciic fo the Works, bu! does not include profit or loss of profi.” Tats Taser the following as @ new Sub-Cieuse 7.14.13: “Prime Cost items” means an item In the Contract which contains (either wholy or in pert) © sum referred to as Prime Cost (PC) which will be used for the supply of goods or for the Works.” 1484 in Sub-Clause 1.1.5.4 after the words “permanent works" insert the following: “including the supply-only items (i any) to be supplied by the Contractor under the Contract" 1185 ‘Delete Sub-Ciause 1.1.6.5 in its entirety and replace It with the following: “Laws” means all national (or state) iegisiation, statutes, ordinances end other Jaws, decrees, codes, resolutions, acis, rules, orders, directives and other regulations and by-laws of any legally constivied public Authority, bul unless exprosaly stated does not include Tex Laws." Tnseit the following as 2 new Sub-Claues 178.58 “Tax Laws" means all national (or state) legislation, statutes, ordinances and other laws, decrees, codes, resolutions, acis, mules, orders, directives, and! ater reguietions and by-laws of any Awhorlly which make express referenos {0 the torms Tex’, Tes’, or duly, oF Which by Heir nature require a mandatory contibution by « Perly fo an Auhonly dirsaly resulting ftom the Works, a ‘Panel Gonatna of Conard ‘Bates ———— TENDER Foe, DOCUMENTSBU-RB-00-10-17 ‘may inckide Tews conceming the following (without lnmalion): withholding taxes; (income taxes (whether at a fedarel or regional level); (i) customs or import duties; and/or (i) sales or value-added taxes." TaA88 Delete Sub-Clause 1.1.6. in its entirely and replace Il with the Yalow “Unforeseeable” means not reasonably foresseable by the latest dete for submission of the Tender by @ competent contractor experienced i carrying ‘out works of a siniar size, ype, nature ard complexity 48 the Works.” 716.10 Tnserl the following as a new Sub-Clause 1.4.6.10: “Resolution Time" mearie the time in which the Contractor must make good a pertioulr noted defect, as set out in te Specification (if any)” Tet insert the Toliowing as a new Sub-Clause 1.16.47: "Response Time" means the time io which the Contractor must respond fo particular notified dofoct, as set out in no Speciation {W any).” TaAeAe Tnsert the following as a new Sub-Clause 1.1.6.72: “VAT” means any and all taxes payable under the value added tax’ regime in the Country and any other legislation, statutes, ortinanoss and other laws, decrees, codes, resolutions, acts, rules, orders, dlvectives, and other regulations and by-laws of any Authoriy thet may become applicable in the Country in respect of such tex, ‘Sub-Cleuse 13 [Communications] Delete the first paregreph and sub-peragraph (a) end veplece W with the following: "Wherever these Condilons provide for the giving or Issuing of spprovels, cattiicates, consents, determinations, iolices and requests, these ‘communications shell be transmitted using any of the agreed systems of| electronic transmission as steled In the Appendix to Tendor. Such ‘communications are deemed received on the date of notification specified by the electronic transmission system, In the event the agreed systems of electronic transmission as stated in the Appendix to Tender are unavaiable, or either Party does not have acosss to such systems, then these communtoetions shell be: (2) in writing anc! delivered by han! or sent by courier (in which case Service is deemed against receip), or transrntied by faosinmle (in which case service is deemed on printing of a successful transmission report); and” ‘Sub-Ciause 14 [Law and Language) In the first sentence of the first paragreph delele the words “ihe law” and replace them with the words “and construed in accordance with the Laws (including Tex Laws)” Delete the second and third paragraphe in thal entirely and replace with the following paragraphe: “The Contract has been prepared and agreed in the fanguage stated in the Appendix to Tender. All documents delivered to or between the Parties and the Engineer in connection with the Contract (including «i corresponcience, drawings, specifications, notices, certticates, instructions, orders, decisions, determinations, consents, approvels and other documents) shall bs wrten ii the Janguage stated in the Append to Tender. ‘arte Condon fCorrast tvs ia cae TENDER a | eeBH-RB.00-10-17 Tithe event thal any Tanstalion of any document forming part of the Contact (or any part of such document) into any other language is required, the same Shall continue to be construed and interpreted according to the original version ‘of the document which shall (o the extent alowed by Law) prevail h the event of any canfct. 4, notwithstanding the above, any competent court should hold thet any such alternative translation prevells over the original version of the document, the original version of the document shal be referred f0 in order fo assist in the interpretation of the altamative translation The Contractor shall at its own cost comply with such language requirements .as may from time to tine be applicable to dealings between the Contractor andl any Author." Sub-Clause 18 | Althe end of Sub-Clause 1.5, insert the ofowlng as & new paragraph: Same “The Contract consttules the entire agreement between the Parties with respect to the subject matter of the Contract and supersedes all prior ‘arrangements, representations, communications, negotiations, agreements ‘and contracts (whether written or ora) made between or eniered info by the Pasties prior to the date of the Contract in respect of the subject matter of the Contract" Delete Sub-Clause 1.7 in ls entirely and replace & withthe folowing “The Contractor shall not assign or trensfer the whole or any part of the Contract or any benef, right, interest or any obligation of the Contractor under {the Contract without obtaining the Employer's spectic approval in wing. ‘The Employer may, without the consent of the Contractor, assign the wiais or «any part ofthe Employer's rights and obligations under the Contract lo: (2) any Afitiete; or (&) any third party whose financial standing is, inthe reasonable opinion of the Employer, satisfactory fo cerry out the obligations as ‘Employer under the Contract.” Sub-Clause 1.8 [care and Supply of Documents] Th the first sentence of the first paragraph, alter the words “slaled In the Contract," replace the words "two copies’ wilh “one copy’ ‘Afiar the second paragraph inser the folowing as & new paragraph: “Within 14 days of receiving the Contract, the Contractor shall upload at! sfamped and signed Contract documenis on the agreed system of electronic {ranamission with access provided to the Employer end the Engineer” in the last sentence of the fourth (ast) paragraph, aller the words “Yo he offer Party’, add the words “(with @ copy to the Engineery" Sub-Clause 18 [Delayed Drawings or instructions} in sub-paragraph (0), delele the words ‘plus reasonable prof. In the last sentence of the fourth (lasl) paragraph, replace the wide "such extension of time, cost or profi with “such extension of tine or Cost" Sub-Clause 1.12 [Confidential Detalts} in Sub-Clause 1.12, after the words "the Enginesr may” delete the word "reasonably", After the words “compliance with the Contract’ insert the words “and epplicebe Laws ‘Suib-Clause 1.13 [Compliance with Lawve] Delete Sub-Clause 4.43 in iis enfirely and replace i with the following: "The Contraotor shall, in performing the Contract, comply with applicable Laws end Tax Laws and requirements of aff Authorties, and shall use aif reesonable ‘sndeavours to ensure that ts Subcontractors and its and their offers, agents, ‘omployees and workmen do likewise. Unioss otherwise stated in the Appendix | epialar Conatons of nit RE ony TENDER 4} fg DOCUMENTS |BH-RD-00-10-17 To Tender: @ (o) tho Employer shal have obiaed (or shal obi) the Hoonees, parm ccaftifoates, or approvals from any relevant Authorlles as dosctbed ithe Spocticaton as having boon (or ein) obtained by fe Employer; and the Contractor shall give ail nalices, pay all texes, dutlos and fees, and ‘obtain all” other parmits, icences, no-objection cartifceles "arid approvals, as required by any Authorily and by the Laws and Tex Laws jn relaton to the execution end completion of the Works and the remedying of any defects and which are not the responsibility of the Employer under Sub-Clause 1.13(a); and the Contractor shalt indemnify ‘and hold the Employer harmless against and from the consequences of any failure to do so and from any fellre fo othenwise comply with the applicable Laws, Tex Laws, and requirements of al Authorliss. (0) when () the VAT regime is applicable in the County in respect of any of the Works forming part of the Contract, anc (f) the Works (or any part thereo)) set out in the Contractor's Stelement constiéa @ taxabio supply for the purposes of the VAT regime, then the Contractor may ‘submit en involce for the VAT chargeable on the supply made by the Contractor as soon as reasonably prectioable, and in any event within 2 days, llowing the issuance of @ Payment Certlicele for tho ‘corresponding Statement by the Engineer al the rele, within the bits ‘and according fo the procedure applicable in the County. ‘Notwithstanding anything to the contrary in this Contract, eny amounts ‘dua and payable in respect af such VAT shall be peid by the Employer 40 the Contractor within the timeframes for payment for the Paymant erica tal consapos oe VAT charwlleSpply, 2 sosied in Sub-Clause 14.7 [Pe ) sant ty VAT orci ct bt the Contractor: () ensuring that it is duly registered for VAT in eccordance with the Laws and Tex Laws (@s applicable); (issuing to the Employer a valid VAT tax invoice in the format as prescribed under all applicable Laws; anc! (i) ensuring thet it has taken all reasonable and leviut slaps fo ensure that the Works forming the basis of the VAY chargeable supply attract the fowest possibie retes of VAT without in any way derogating from the Coniractor's obligation to deliver the Works in accordance with te Contract" Suib-Ciause 1.18 [oint and Several ist ‘fir sub-paragraph (c) delete the full top, end replace i with"; and. Insert ‘the following 2s @ new sub-paragraph (3): @ any of the events listed In Clause 15.2 [Termination by Employer] shall be deemed fo have occurred in relation fo the Contractor if it has ‘20ouTed in relation fo any one of tne persons comprising the Contractor.” Sub Clause 1416 [Waiver] Tnsed! the folloving ée a new Sub-Clause 7.15 ZA ere fo ore @ ight or enillonent ra snl or priel xeriso of sight, prevent either Party kon subsequently exerolshig oF anforohig the same right or entillemart.” Sub-Ciauee 1.16 [Arnendmentsy | insert the following as a new Sub-Ciause 7.16; "The terms of these Conditions of Contract shall only be amended by writen | exile Ganions TOSSA etal vs a IG ed TENDER { EBH-RB-00-10-17, ‘agroaivanl, with_such agreement to be signed by duly authorised tative of the Employer and the Contractor. A copy of such agreement ‘shall be provided to the Enginosr by the Employer.” ‘Sub-Clause 17 [Media and Publicity) Tsar the folowing as a new Sub-Olause 7.17: “The Contractor shall not advertise or issue any information, publication, document or article (including photographs or fim) for publicalian or media release oF other publicity relating to the Works, the Contract, the Site (including the water boundaries offshore), the appointment of Subcontractors, the Employer's business end activities or eny matter relating to the relavant project without the prior written approval of the Employer, The Contractor must refer any enquities from the media concerning the Works, the Contract, the Sie (including the wator bounderies offshere), the appointment of Subcontractors, the Employer's business and activities or eny melier relating to the relavant project, fo the Employer. The Contractor must ensure that all Contractor's Persontel and all personnel of its affiiates are bound by @ siniler obligation, and the Contractor must enforce this obigation. ‘The Contractor shall not (save ss provided in the Contract) take, or permit to be taken, any photograph of the Sie or the Works without the prior writen consent of the Employer or the Engineer, but in any case, no photographs shail be used for publicly purposes without the prior writen consent of the Employer. This Sub-Clause 1.17 shall remain binding on the Contractor notwithstanding the termination of the Contract or the Contrector’s employment under the Contract, or the issue of the Performance Certificate.” Sob-Clause £1 Th the second sentence of the fist paragraph, aflar the words "The ahi and instructions of the [Right of Access to | possession’, replace the word "may*with "shall ‘the Site] In sub-paragraph (b) of the third paragraph, after the words “any such Cost" delete the words ‘plus reasonable profi’. ‘SubClass 22 Delete Sub- Clause 22 i is enbrely ara replace Wt with the folowing: tPermis, Ueenses | rng epi over shal! (where he Is in a position to do 0) provide reasonable ‘or Approvals] assistence lo the Contractor, at the request of the Contractor, for the Contracior's applications for any perms, licenses, approval or no-objections required by the Laws of the Country, which the Contractor Is required to obtain under Sub-Clause 7.13 [Compliance wih Laws)" SubChuse 24 Delete SubCiause 24 in iis eniiely, and replace this Sub-Cieuee and iis [Employer's heading with the words "not usec” Financial Arrangements} Sub-Chuse 3.2 Tn sub-paragraph (@) insert the words “(including Contractor's Documents)” {Delegation by the | efter the word "work" wherever it appears, Enginoery r Delete sub-paragraph (b) In is entirely and replace Tt withthe Totowing: "(®) the Contractor wishes to clarly any communication, determination or Instruction of an assistant, the Contractor must, as soon as practicable, refer the matter to the Engineer. Upon receipt of any query, the Engineer shall confirm, reverse or vaty the content of any communication, determination or instruction, Any such confirmation, reverse! or Verlation shall be teeted as final a8 belvoen the Pavilos (subject to Clase 20 [Claims arcl Disouies).” Sub-Cinuee 33 ‘A the end of the second paragraph insert the folowing a8 & new sonfano®BH-RB-00-10-17 Engineer] aller the words Tas the case may ba). "Except in the case of an inokient or circumstance on the Sito that threatens (he safety of any persons or the Works themselves, an oral instruction from the Engineer shall not be deemed fo constitute @ valid instruction unless writian confirmation is proviled by the Enginesr or a delegated assistant within 2 days of the oral instruction.” Sub-Chanse 34 [Replacement of the Engineer] Ih the fast senience of Sub-Clause 34 replace the number "42" wih Bie number "30", Sub-Clause 6 [Determinations] Tnserl the following as a new paragraph at the end of Sub-Clause 3.6; "The Engineer shall not be bound fo seek agresment or make any determination pertaining to or in connection wrth any of the Contractor’ claims unless the Contraclor hes first compiled with Sub-Cleuse 20.1 (Contractor's Claims)” Sub-Clause 56 [Engineer's Overtime] insert a new Sub-Clause 3.6 as follows: ‘H the Engineer or any of thelr assistants eppolnted pursuant to Sub-Clauso 3.2 [Delegation of Engineer] are obliged to supervise the Contractor's ‘operations in excess of the Engineer's normal working hows as specifed in the Appendix to Tender, the cost to the Engineer of such overtime, as calculated based on the overtime rates provided i the Appendix to Tender, shall be bome by the Contractor. Payment of such amount shall be made 10 the Engineer by the Employer who shell deduct the same from monies certified ina Payment Certificate as otherwise being due fo the Contractor.” Sub-Ciause 47 [Contractor's General Obfigations} ‘After the third paragraph which begins wi fhe words “The Contractor shall Be responsible for the adequacy, slabfly and safely..” insert the following new paragraphs: “The Contractor shall fly and effectualy indemnity the Employer against any damages, liabilties, or costs arising from any delay in providing the Conlraotor's Documents or other information, or from any error, disarepency ‘or omission in the Contracior's Documents or other information, regardless of ‘whether such drawings or information were reviewed by the Engineer." Contractor's Documents and such other information as may be req corral he ror, alacrpancy or anission The ‘Contador aha not | retved fom eny bil mey have under he Cora crying ou such alterations and remedial works. All costs and risks inourred in complying with this requirement to remedy the Works (end fo subsequently modily the drawings and other information accordingly) shell be met by the Contractor." ab Delete the fifth (last) paragraph which begins with the words "W the Contract specifies..." (including sub-paragrephs (2) to (d)) in its entirely end repiece & withthe folowing: ‘W the Contract specities (or the Parties agree) thet the Contractor shalt design any part of the Permanent Works, then unless otherwise stated in the {2} the Contractor shel submnt to the Engineer tie Contractor's Documents ‘or this part in accordance wit the procedures speciled in the Contract (or as instructed by the Engineer. The Contractor shel supply addtional ‘copies of documents epproved in accordance with sub-paragraph (b) in the form end numbers required by the Contract; =~. Paar Contlons of Coact. Batain vd a TENDER 4 moe DOCUMENTSBH-RB.00-10-17 (®) the Engineer shall either approve or disapprove of any Contractors Documents submited to him in accordance with any timeframes provided in the Contract (or if no time is stated) within such time as the Engineer may deem reasonable having regard to the volume of any submission and the requirements of the programma; (0) if the Engineer approves of any of the Contractor's Documents submitted {o him, he shail indicate his approval by retuming @ copy of the seme fo the Contractor with such approval endorsed theraon. If the Engineer disapproves of any of the Contractor's Documents (hereinaftr referred 0 29 a elected Document’ ho sheil advise the Contractor, who shat promptly modify the Rejected Document to meet the Enginesr’s Tequirements. Each Rejected Document shell then be resubmiled to the Engineer for approval in accordance with sub-paregrap (b) above; (@) any design shall be prepared by quelled designers who ere angingers oF ‘other professionals who comply with the onteria (if any) stated in the documents forming past of the Conlracl. The Contractor wasrants that ‘sol, its employees and design Subcontractors have the axperioncs arid ccapebilly necessary for the design; (0) unlass otherwise stated in the Contract, the Contractor shal! submit fo the Engineer for approval the names and qualifcallons or experiance of each ‘proposed employee end design Subcontractor. Nothing contaived in the Contract shall create any contractual relationship between any such employes, oF @ design Subcontractor, and the Employer save for any warranties given by such Subcontractors tothe Employer; (9 the Contractor undertekes that the employees and design Subcontractors shal be avallablo to attend discussions with the Engineer and the Employer both on and off the Site as required by the Engineer; () these Contractor's Documents shal be in accordance with the Contract, ‘shall be written in the language for communications provided for in Sub- CGieuse 1.4 {Law and Languege], and shail include adidional information required by the Engineer to add to the Drawings for co-ordination of each Party's designs; (2) the Contractor shal! be responsible for any parts of the Works which i dasigns and shall ensure thal such parts of the Works, when complete, ‘af usable, functional, stable, in accordance with the Contract and ‘compliant with the applicable specications, technical standards, ‘builing, construction and envitonmental Laws, and the stenderds ‘speciied in, or inferred! from, the Contract, or defined by the applicable Laws; @ el Costs associated with submitting the design documents fo any Authonty shel! be borne by the Contractor; and @ any approval or consent, resulling trom any review undertaken for or on ‘behalf of the Employer, or any falure by or an behalf of the Employer fo ldenlly any errors or omissions in the Contractors design, shel! not relieve the"Contraator from any obligation or responsibfty under the Contract” Petcmanos, In the second sentence ofthe third paragreph which begine withthe words “if Lat the terms of the Performance Security’ fier the words *by the date" delets ean the number “28” and replace it with the number "60", in the first senfence of the fourth paragraph, afier the words "axoopl far imounts" deleie the words "to which the Employer fe eniliod” and replace them with the words "to which the Employer reasanel Fi eta oO Fate oLENOERBH-RB.00-10417 Be enilied”, Tn the first sentence of the last paragraph, which bagins wih the words, "Tho Employer shall retum..." delete the number “21° and replace it with the number "60". ‘SubClass 43 [Contractor's Representative) Delete the first paragraph in its entirely and replace & with the following: “The Contractor shall at ail mes have 8 Contractor's Representative and shall give hia al! authority necessary to act on the Contractor's bahalf under the Contract.” (Atthe end of the third paragraph, which begins with "The Coniractor shall not, without the prior consent..." insert the folowing as a new sentence after the ]word "replacement." “The Contractor shall ensure that a Corlractor’s Representative remains in this sale and duly approved by the Engineer of all times until the issuance of the Performance Certilicats under Sub-Cleuse 11.9 [Performance Certificate." Sub-Chause 44 [Subcontractors] Th sub-paragraph (B) afler the word "Engihoar” insert the words “and the *, and after the word "Subcontractors" insert the words "Yauch cconssnt not to be unreasonably withheld)”. Delete sub-paragraph (d) in is entirely and replace i vath the folowing: “each subcontreat shal include provisions: © which would entitle the Employer to requie the subcontract to be assigned from the Contractor to the Employer under Sub-Clause 4.5 Assignment of Benefit of Subcontract] (¥ or when applicable) or ii the event of termination under Sub-Cleuse 15.2 [Tenmnation by Employer}; and (@ that requie the Subcontractor fo enter into @ Subcontractor Direct Warranty in fevour of the Employer at the samo time as execution of the relevant subcontract i so expressly requested by the Employes, inthe form required by the Employer.” [Insert the following at the end of Sub-teuse 44 as @ new paragraph: “The Contractor shail indemnify and hold the Employer harmless against any ‘and all requests for payment made directly to the Employer by any of iis ‘Subcontractors, inckiding nominated Subcontractor(s).*j Sub-Clause 4.5 [Assignment ot Benefit of Subcontract] ‘Add at the end of Sub-Clause 4,5 inser the following as a new sentence: “The effective assignment of such Subcontractors’ obligations to the Employer | shail be 2 condition precedent to the issuance of ie Pariormence Certticats under Sub-Giause 11.9 [Performance Certiticete)." ‘Sub-Clause 46 [co- Operation] Tn sub-paragraph (b) aller the words “olher contractors” insert the words % consultants and suppliors", In sub-paragraph (¢) delete the word "eufhoritles” and replace I with the word "Authority". ‘After the third (ast) paragraph which begins wih the words "W, under the Contract..." neert the folowing ee 2 nev paragraph: “The Contractor shall altend the Employer's project meetings at the time arid venues specified by the Engineer, the Employer or the Employer's projoct ‘manager. The Contractor shall ensure that the Contractor's Representative attends all such meetings, together with any of the Contractor's other personnel and/or the Subcontracior's personnel as are. necessary to resolve Berend TENDER ( ieee DOCUMENTS} [ seman) \ ‘Bae aos of Cae eT FO edook — lovas pORABH-RB-60.10.17 the Issues identified i any agenda for such meetings” Sub-Clawse 47 {Setting Out) Delete the second, third and fourth paragraphs from this Sub-Ciause in thelr entirely, and replace them with the following: “Before commencing the caning out of the Works on Site, the Contractor ‘shall satisfy self as to such orginel points, tines, levels of reference and bonch-marks and shall give notice tothe Engineer of any error in such origin! Points, lines, levels of reference and banch-marks. ‘After receipt of any such notice, the Engineer shall rectly such error and shatt then instruct the Contractor thereon. Any such reaifcation of en error in the ‘original points, nes, levels of reference end bench-marks by the Engineer ‘shail be treated as @ Variation, subject fo such reotifeation acluelly exposing the Contractor to any adeltional tine and cost. ‘at any tine during tre progress of the Works on Site, any error shell apse or arisa in the positions, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by the Engineer, shal at its ‘own Cost, and without being afforded any entitlement fo an adjustment to the Time for Completion, rectify such error in accordance with the Contract. The oheoking of the setting out of any tine or level by the Engineer shall notin eny way relieve the Contractor of Ks responsibilty forthe accuracy end correctness ‘thereof. The Contractor shal! carefully protect and preserve ail bench-merks, sight-rais, pegs and other things sedin selting-out the Works.” Sub-Giause 48 [Safety Procedures) Th sub-paragraph (0), aler the words "anfiled fo be on insert the words "or around. Insert the foloiiing as new paragraphs al ihe end of Sub-Clause 48: “When working on the Site or any other area designated by the Engineer, the Contractor shall strictly observe and perform each and every provision of the Employer's and the Engineer's rules, reguistions, and procedures relating to ‘safety matters forthe time being In forcs. The Contractor shall not at any time obstruct entry by the Employer, the Employer's Personnel, the Engineer or their employees, or any duly authorised agents or visitors fo the Si. The Contractor shall at ail times perm olher contractors or suppliers (and their employees and agents) engaged by the Employer or by otfiers to enter the Site forthe purpase of carrying out work or dolivering goods, provided that such persons shall have completed the Contractor's Site Induction procedures prior fo entry onto the Site, The Employer shail endesvour to make sure that the performence of the Contractor fs not unveasonably impeded by such entries upon the Site, The Contractor shail be enfifed to remove any persons from the Sile who fel fo comply with its reasonable requests in respect of heals ard safety procedures for the Sie, The Contractor shall not permit other persons whose presence on the Site fs not necessary for the carrying out of the Works andlor the remedying of| dofed’s therein as sppropriete fo enter the Sile without the prior consent of the Employer or the Engineer." Bub Chana A10 [Bite Date] ‘Althe end of the fist paragreph, inser the following as @ new sentence: “The Employer accopts no abil forthe suficlenay or accuracy of auch dete.” Tn the fist sentence of the last paragraph delete the words “To the extent which wes practicable (laking account of cost and time}" and replace withthe following: "Regardiess of any information proviced by the Employer or the Engineer,” ‘Al the end of sub-paragraph (a) delete the word “and. aria Gonos of Conbaed eaten vs — Eee eae ie TENDER /® rah DOCUMENTSBHLRB-00-10-17 Insert the folowing as new sub-paragraph: “W) the sulctoncy of tho Time for Completion for the whole of the Works and for each Section of the Works, i the Worts are defined (0 be taken- ‘over In Sections in the Appendk to Tender; and (@) the means of access to the Site: and (t) allother circumstances, risks and contingencies which may be relavant {0 the performance end observance of all the Contractor's obligations under the Contract For the avoidance of doutt, the Contractor hereby accepts the entire risk as fo the condition of the Site and ail date produced in respect thereof, and hereby agrees thet it will not submit any oleim nor commence any proceedings én connection herewith.” Sab-Clause 416 iAecess Route} ‘Althe end of Sub-Clause 4.15 Insert the following as a new paragraph: "Where the Contractor uses waterborne trengport for any Plant, Matorials or Contractor's Equipment the provisions of this Sub-Ciause 4.15 shall bo cconstruad as though “road included @ lock, dook, sea wali or other structure related to @ waterway and “Contractor's traffic" included any maritime craft, and shell have effect accordingly.” Sub-Giause 416 [Transport of Goods} [Delete sub-paragraph (6) in is entirely end replace it with the following: "(@) Wf sleled in the Specification, the Contractor shall apply in writing to the Engineer for permission to deliver any Plant or major lem of other Goods to the Site, and shall provide notice in such application of the intended date of delivery the Site;") Sub-Clause 4.17 {Contractor's Equipment] ‘ithe end of Sub-Cleuse 4.77, insert the folowing as a new paragraph "Excopt where caused by @ deliberate acl or omission of the Employer (including the Employers Personnel) or by an Employer's Risk event, the Employer shalt not in any circumstances be fabio to the Contractor for loss of or demsge to any of the Coniractor’s Equipment or for any losses, labillies, ‘costs, claims, aclions or clemends which the Contractor may incur or which may be made against il es 3 result of or in connection with any such foss or damage." Sub-Oiause 41 [Protection of tho Environment] ‘Atte end of Sub-Ciause 4.16, insert the following as @ new paragraph: “The Contractor shall elso: (6) take al reasonable stops to prolect the environment on and off the Site ‘and to avold damage or nulsance fo persons or fo property of the public oF olrers resulting from pofution, noise or oler causes arising as ‘consequence of his methods of operations; (0) take aif reesonebte preceulions against poltulon of the atmosphere, lend on and around the Sle end any waler course; (0) cnsure the waste is minimized as much as possible end thet Materlals are reused or recycled i achievable, and shall ensure the proper disposal of weste Metsrials arising from or in connection with the Contractor canying out the Works; () ensure that Off-Site dispose! cannot be avoided, then al! waste Materials emanating from the Works or any other Subcantractor’s ‘operations on the Site, must be properly disposed of by the Contrector In acoordance with Intemational practios and local Laws. ‘The Contractor shall indemnity and hold the Employer harmless against anc ariclar Cordis of Contest Betray from ali damages, losses and expenses (including legatfees-and expanses) Page Hof 32 TR Ra book 169 i = TENDER { E% a] Dtvar = DOCUMENTS ‘BH-RB-00-10-17 ‘and monetary fines and remediation costs imposed by any Authorly resulting trom the Contractor's failure to comply with the requirements of this Sut- Clause” | Sub-Clause 4.20 [Employer's Equipment and Free Issue Matertals] in the first sentence of the third paragraph, affer the words “stated in the Specification’, Insert the words “in the nat quantities, axatuding any wastago ‘or contingencies, measured by the Contractor and varied and approved by the Engineer" inthe second senfence of the third paragraph, afler the words "The Employar™ insert the words "(or any suppliers on behalf of the Employer)". ‘At the ond of Sub-Ciause 4.20 insert new paragraphs as follows: “The Contractor shail not use the free-issue materials for any purpose other than the carrying out and completion of the Works. Any surplus tree-issue materials shal be returned in good condition by the Contractor fo the Employer to a storage area to be notified to the Contractor by the Employer. The Employer shall not bs responsible for eny delay or disruption of progress related 10 the late delivery of the tree-Issue maleriels unless the Contractor ‘has included all of the required dates for delivery of the free issue materials the programme submitted under Sub-Clause 8,2 [Programme], and has provided the Engineor with the measurements of the required nat quantities of ‘such materials in advance to provide the Enginesr with reasonable lime to ‘Sub-Clause 4.27 {Progress Reports} very such measurement, and fo have eivised the Employer iy In the first sentence of the first paragreph, delete the words “in six ‘and replace them vith the words “in digital end paper formats”. ‘At the end of sub-paragraph (@) delele the word “and At the end of eub- paragraph (b) delete the full stop and replace it with a semicolon, and insect the following a8 new sub paragraphs: “() 2 detailed cash flow estinate of all payments which the Contractor ‘considers wil become due to him under the Contract, in suai form and! by such detail asthe Engineer shall requie; and © any other matters sot out in the Contract and any other information reasonably required by the Engineer and noifed to the Contractor ix advance of the ralavant monthly report.” Sub-Clawse 422 [Security of the Site] ‘AV ie ond of sub-paragraph (@) delelo the word "and At the end of Sub peragranh (b) delete the full stop and replace i with e semicolon, end! insert the ‘ollowing as new sub-paragraphs: "() ithe Employer gives the Contractor notice thet eny parson is rot fo be admilled to the Site, the Contractor shall lake all practicable steps to prevent thet person from being adnitfed; and (©) requested by the Engineer, the Contractor shal give fo the Engines @ {st of names and adresses of all persons who are of may be at eny tne cconcemed with the Works or any part thereof, specyin the capacities in which they are so concemed, and giving such other particulars as the Engineer may reasonably requir.” ‘Sub-Clause 4.25 [Prior Wortd Insert « new Sub-Clause 4.25 as follow: “Where the Contractor has undertaken any services or works in connection with, or Jorming part of, the Works prior fo the date af the Contreot, the Contractor warrants and undertakes to the Employer that such services or Works have been carried out in accordance with the requirments of the Contract and confirms and accepts that all the warranties, obligations and Jebiities of the Contractor under or in connection with the Contrect apply fo ‘PraitierConditone afore Dotela vs TENDER | race DOCUMENT | FARESBH-RB.00-10-17 ‘suh services or works.” ‘Sub-Clause 426 [Existing Fectities} Insert @ new Sub-Clause 4.26 as follows: “The Contractor shail be responsible for any disturbance or damage to existing ‘acilties (including above end below ground ullties), which occurs as a resist of parforming the Works or remedying any defects theraln. The cost of ail repair work and the provision of any necessary temporary faciilies arising as resutt ofthis disturbance or demage, shall be bome by the Contractor.” Sub-Clause 427 [Secrecy] insert the following as a new Sub-Clause 427: "Save with the specific prior writen consent of the Employer, the Contractor shall not, and shall use its best endeavours fo procure that fis Subcontractors, ‘and its end thelr employees and agents do not, at any time hereaftar whether belore or after completion of the Works or termiuetlon of the Contract, use or disclose fo any person whosoever or whatsoever: (@) any drawings, documents or otter information, whether vuition or ora, which may be communicated to it or him of of which it or he may ‘otherwise be in possession or aware of, as a result of ar in connection ‘with the Contract or the Works; or (0) in partiouler (but without prejudice to the ganeraity of paragraph (a) above) eny information, whether writen oF or, relating to the Accepled Conlract Amount, the Bills of Quantities or any other pricing of payment ‘matter under the Contract; or (©) any other information, whether wnitan or orel, relating to the business, secrets, dealings, transactions or affairs ofthe Employer. Provided that the foregoing obligations shall not apply fo any informetion whioh the Contractor can reasonably demonstrate to the salsfacion of the Employer fs already generally available in the pub domain, aor shall such obligations apply if (but only to the extent thet) any such use or disclosure may bo requtred for the performance by the Contractor of lis obligations under the Contract or by any of its Subcontractors of their obligations under their respective subcontracts. in no orumstancos shall these exceplions be deemed to authorise the disclosure of information within paregraph (b) above save fo the Employer lsal, the Enginear, or the Contractor's own professional advisers, and in any case the express prior written consent of the Employer wil be required prior to such disclosure, Any witten consent whioh the Employer may give forthe puspose of this Sub- Clause 4.27 shall be confined to the particular use or disclosure and the partioular occasion which it specifies." Sub-Clause 4.28 Parent Compeny ‘Guarantes] Insert the following as e new Sub-Clause 4.28, “Unless stated to the contrary in the Append to Tencley, the Contractor shell provide fo the Employer a validly executed parent company guaraniae at tne ‘time, from the entity and In the form referred to in the Appendic fo Tender. tf requested by the Employer, the Contractor shell also provide duly certified or nnoferised copies of all relevant documentation (including fegal opinions) requited to demonstrate to the Employer's reasonable setisfetion that such parent company guarantee hes been validly executed and is properly ‘enforceable agahnst the parent company.” ‘Sub-Clawse 6.18 [Obligation to use Nominated Subcontractors} insert the following as @ new Sub-Clause 5.1A; “Subject fo the grounds of objection steted in Sub-Glause 6.2 [Objection to Nomination}, the Contractor shall with cive expedillon and without delay enter {info @ subcontract for the applicable specified parl of the Works with sny nominated Subcontractor. The Contactor shall at _all-tiies “remain fully | Paral Condon of Gare Batvln a TENDER ee ise es oonetrdBH-RB-00-10-17, Tesponsibie for the performance of nominated Subcontractors and shail remain {uly lable to the Employer for the adequacy, accuracy, and contractual compliance of any elements of the Works performed by any nominated ‘Subeontractors. The Employer shall not be deemed to have assumed any responsibifly for a nominated Subcontractor, nor to have provided any warranty to the Contractor as fo the sultebily and skil of @ nominated ‘Subcontractor.* Sub Giauee 82 [Objection to i the second sentence of the first paragraph fier the words “eared reasonable it arises from” delete the words "(emong other things)". Nomination] Delete the word "or" at the end of sub-paragraph (b) and insert the following ssup-paragraphs after sub-paragraph (c) "(the nominated Subcontractor cectines fo grant fo the Employer or the Contractor any guarantee or Warrenty in relation to the whole or any art of the Works which Is to be subcontracted fo him, and which the Contractor is required to provide uncer the Contract; or (©) the Contractor has eny other objection fo the nominated Subcontractor which inthe opinion of the Enghear is reasonable. ‘Any notice provided by the Contractor to the Engheer under this Sub-Cleuse shall contain full and defeiied particulars of all information relating to such objection.” SubCiause 64 [Evidence of Paymente] Delete the final sentence of the Sub-Clause 5.4, which bagins with the words, "The Contractor shall then and replace it with the following: “in such case the Employer shal be enliled to deduct any amount diractly ‘Paid fo the nominated Subcontractor by the Employer trons any sums due, oF which may become due, from the Employer to the Contractor or o recover the sane 28 8 dab due from the Contractor. SubCiause 65 [Tenmination of nominated Subcontractors] Tnsert ew Sub-Clause 5.5 as follows: "No subcontract under which 8 nominated Subcontractor has beon employed! shall be terminated by the Contractor without the consent of the Employer. Notwithstanding, Sub-Ciause &.1(a) sbove, where such 8 subcontract is terminated, the Engineer shall instruct the Contraotor, at the Contractor's Cost to employ a replacement nomineted Subcontractor.” Sub-Ciause 6.7 [Engagement of Staff and Labour) Tn the Tirst senience of Sub-Clause 6, afler the words “all staff and labour™ ‘and before the words "local or otherwise’, insert the following: “including ail such qualified and experienced superintending and technical stat? and al such skilled, semi-skilled and unskilled labour as may be neosssery for the performance and discharge by the Contractor of ail ts obilyations undor the Contract with ski, care and diligence and within the required tine ell ex provided herein. The Contractor shell be responsible for the hitlng of all sucts ‘staff and labour, whether..." Suib-Clause 6.7 [Health and Safety] Delete the second and third paragraphs of Sub-Ciause 6.7 in thelr entirety and ‘replace with the following: “The Contractor shail submit for the Engineer's epprovel, no laler then 14 days from the Commencement Date @ proposed safety plan eovoring the following toms: (@) designation of a safety supervisor to administer the safety plan; (®) reporting procedures, forms for works; (©) established crterie for employee safely and protective equipment; (4) safely policies _and_procecwes for ail employee nak phasos of ‘Prat Coals of Contac Batre <7 TENDER qi fo lowan fggty DOCUMENTS tateBH-RB-00-10-17 ‘consivuclion requiting use of safely davies; (6) policies and procedures for maintaining the Works and the Sito in a neat, orderty, sanitary and safe condition; (provision of equipment and training of employees to minimize fre hazards, fight fires and actin emsrgencies; and (@) instruction of now employees in sefe working practices, monitoring of| ‘employee actions to detect unsafe practices, and holding of regular ‘meetings to instruct and dlscuss the safely progrem. {Upon the Engineer's epprovel ofthe safety plan the Contractor shal, forthe fal! term of the Contract, operate the safety plan, maintain accurate records of salely activlies end accidents, and submit safely and accident reports to the Engineer on forms approved by the Enployer and the Enginoor. The Contractor shall mainteln such records and make such reports concerning safely, health and welfare end persons and damage fo properly as ths Enginoer may trom tine to time presarba. The Contractor shall report to the Engineer details of any aooident on or about the Site or in connection with the execution of the Works, as soon as possible and, in any event no later than 1 day efter ts occurrence. The Contractor shall also report such accident to the appropriate Authorly whenever such @ report is required by Law. In the case of any fatally oF serious acckient, the Contractor shall In addition notify the Engineer immediately by the quickest avallable means.” Suib-Cieuse &0 [Contractor's Personnel] Delete the word “or” at the end of sub-paragraph (o). At the end of sub- paragraph (q), delete the ful stop and replace it with a semicolon, end insert the word "or". insert a new sub-paragraph (e) as follows: "(@)_ the Employer or the Enginesr considers to bs undesirable to employ for the purpose of cerning out the Works and the remedying of any defects therein." ‘AE the end of the second (asi) paragraph which begins with the wards "| appropriate, the Contractor shal...” insert the following ae @ new sentence: "Such removal and subsequent replacement shall be ai the Contractor's Cast and risk and the Contractor shall have no enfilement to an extension fo the Time for Completion dus to any delay caused by such removal or replacement.” ‘Sub- Clause 6.10 Records of Contractor's Personnel ancl Equipment Tn the seoond senience of SubClause 6.10, after the words "be submilfed every calendar month’, insert the worde “for al such other fines as the Engineer may require)". ‘Sub-Clause 6.12 [Alcoholic quer ana drugs] Insert the following as @ new Sub-Clawse 6.12: "The Contractor shall not, otherwise than in accorderice with the Laws and regulations for the time being in force in the County, impor, sal, give, barter ‘or otherwise dispose of any alcholic iquor or drugs. The Coniractor shall use all regsonable endeavours fo prevert any such Importation, sal, gil, barter or alsposal by its employees, Subcontraciors or agents" ‘Sub-Clause 6.13 Insert the following as @ new Sub-Ciause 6.13: Farris snc "The Contractor shell not brig onto or siore on the Site, impart, ll, give, ammunition] taror or atterwiso dspace oF fo ery person or persons ary as or amnaunition of ny Kid, or parmit others todo so” Fe i a = IS a oa TD aa once TENDER face DOCUMENTS *BH-RB-00-10-17 ‘Sub-Ciause 6.14 [Festivals and religious customs] Insert the folowing e3 a new Sub-Ciause 6 14: “The Contractor shel in all doatings wih ts staff and labour have duo regard to all recognised festivals, days of resi and religious or other customs without any redress for an axtonsion of the Time for Completion.” Sub-Clause 6.18 {Epldemics/ Pendemics] Insert the folowing ee a new Sub-Clause 6.16: “in the event of eny outbreak of finess of an epidemic or psndemic nature, the Contractor shail comply wilh end camry out such regulations, reporting procedures, orders and requiremants as may be made by any Authority forthe purpose of dealing with and overcoming the same.” Sub-Crause 6.16 [Measures agsinst Insect and Post Nuisance Insert the folowing as a new Sub-Clavse 6.16: “The Contractor shall at al times take the necessary precautions to protect the Contractor's Personnel employed an the Site and others susroundlng the Site {rom insect and pest nuisance, ad to reduce the denger fo their heath. The Contractor shal comply with all the reguletions of the local health authorities, Including use of appropriate insacticki.” Sub-Clause 617 [Funeral Arrangements) [Sub-Clause 618 Forced Labour] Insert the following as & new Sub-Clause 6.17: “The Contractor shall be responsitie, to the extent required by local reguiations, for making any tuners! arrengements for any of his local employees who mey dle while engaged upon the Works.” Insert the folowing as a new Sub Clause 6.16 “The Contractor shall not employ forced labour, which consists of eny work or service, nol voluntarily performed, that is exacted from an individual under {threat oF force or penally, and inoludes eny kind of involuntary or compulsory Jabour, such as Involuntary prison labour, indentured labour, bonded labour or Simi labour contracting arengements.” Sab Clause 6.18 [Child Labour] Insert the following as a new Sub- Clause 6.18: “The Contractor shell not employ chicken in @ manner that is -explolative, or Is likely fo be hazardous, or to interfere with, the ohid’s ceciucation, or fo be harmful fo the chic's health or physical, ments, sprue, ‘moral, or soclal development. Where ihe relevant labour Laws of the Country ‘have provisions for employment of minors, the Contractor shall folow those laws applicable to the Contractor. The Contractor shall pul in piace @ ‘Procedure to verily the ages of young workers. Chiron below the ago of 18 ‘years shell not be employed In dangerous work.” Sub-Clauso 6.20 {Non-Discrimination and Equal ‘Opportunity Insert the following es @ new Sub-Clause 6.20: “The Contractor shell not make employment decisions on the bests of personal characteristics unrelated to inherent job requirements. The Contractor shall ‘base the employment relationship on the principle of equal opportunity and fair treatment, and shell not discriminate with respect to aspects of the ‘compensation ‘niring, (noluding wages and benefits), working conaions and ferms oft 2008ss f0 training, promotion, termination of employment or retkement, etl discipline. The Contractor shall ensure equel remuneration for men snd women for work of equel velue. in countries where the relevant labour Lawa ;provide for non-disorimination in employment, the: Contractor shell comply with ‘such Laws. Wher the refevant labour Lavrs are silent on non-discriminalion in ‘employment, the Contractor shall mast this Sub-Clause's requirements, ‘Special measures of protection or assisience fo remedy past discrimination or ‘promote focal employment opportunities or selection for a pertculer job based (ni the inherent requirements of the job shal not be deemed dlscrinnation.” Forti Contre Carat Pag E STII BIC Rea ok 100 Bahein vs TENDER Jf fo wan fot DOCUMENTS = ACES BET | /BU-RB-00-10-17 SubClause 627 [Foreign Personnelt Insert the folowing as a new Sub-Clause 621 “The Contractor may bring in fo the Country any forcign personne! who are necessary for the execution of the Works to the extent allowed by the ‘applicable Laws. The Contractor shall ensure that these parsonne! ere _Brovided with the required residence visas and work penis, The Contractor shall be responsible for the return of these personnel to the lece where they were rocrted or fo thoir domicile. In the event of tho doath in the County of any of these personnel or members of thei families, the Contractor shell similarly be responsible for making the appropriate arrangements for their return or burl.” Sub- Chaise G22 [Observance by Subcontractors) Insert the following as @ new Sub-Clause 6.22: "The Contractor shalt (without tiling the generally of the requirements of| ‘Sub-Clause 4.4 (Subcontractors) and Clause 5 [Nominated Subcontractors) >be responsible for observance by its Subcontractors of the provisions of this Clause 6 [Slaif and Labour, and shall hold the Employer fully indemniied accordingly: ‘Sub-Clause 7.3 [inspection] Tn the second paragraph, which begins with the words “The Conlractor shall give the Empioyer’s Personnel...” insert the following words after the word “acthtios": “twhother at the Site, the Contractor's premises or any other location where the Employer's Personnel wish to inspect the Works or Materlals), ‘Aller the third paragraph which begins wilh, "The Contractor shal give nolice {o..." insert the foliowing as a new paregray "The Contraotor shall uncover any part of the Works or make openings in or through the seme as the Engineer may from time to time instruct and shat! roinstafe and make good the same in accordance with the Contract. any such part of the Works has been covered up or put out of view alter compliance with the raquirements of this Sub-Cleuse 7.3 and is found to have been carried out in accordance with the Contract, the Cosis of uncovering, ‘making openings ia oF through, reinstaing anc making good the seme shal! be determined by the Engineer and paid to the Coniracior in accordence with ‘Sub-Clause 14.8 [Issue of interim Cortficates] and Sub-Clause 14,13 Issue of Final Payment Certlicale}, but in any other caso all Costs shall be bom by the Contractor. Provided that if any such instruction of the Engineer Is due to his ‘pinion that such part of the Works covered up or put out of view may not have ‘been carried out in accordance withthe Contract as a result of other parts of the Works having been found by the Engineer not to have besn carried out in accordance with the Contract the Cos's of uncovering, making openings in or ‘hrough, reinstating and making good such pat ofthe Works covered up or put out of view shall in ail casas be bome by the Contractor.” Cieuse 74 [resting] Delele the second sentence of the second paragraph which begins wilh the words "The Contreator shall agree" in its entirely, and replace it with following: "The Contractor shall give fo the Engieer not less than 14 days" prior waters notice of its readiness to carry out arty tes! and shell egree with the Enginaor the dato, time and place at which the same is to be carried out.” ‘Afier the second paragraph, insert the folowing as @ new paragraph: “The Contractor shall cany out euch tests on the date and at the time andl lace agreed. Except in circumstances where the Contractor falls to perform the fests due to circumstances beyond iis reasonable contro, the Contractor fas to. carty ou! any such fol onthe dale and atthe time- and place so ‘asia Gonona Convack Baten vs i Sea /| TENDER Be | bey \ = DOCUMENTS : i AIEESBH-RB00-10-17, ‘agreed, any addilonal Cosis consequently Incurred by the Employer and as determined by the Engineer, may be deducted by the Employer from any ‘monies due or which may bacome dus to the Contractor, or the Employer may recover the same from the Contractor as a debt due from the Contractor." SubClause 77 [Ovmership of Plant and Materials] Delete the Sub-Clause 7.7 in its entirely and replace i withthe folowing: "The legal tie fo any item of Plant and Malerials provided or fo be provided pursuant fo the Contract shall pass to the Employer ypon the first to occur of the following events, namely (@) dlivary ofthat tem to the Site; (®) when the Contractor becomes snitied fo payment of any partion of the value of the Plant or Matorials; or (6) when thet item otherwise becomes appropriated to the Contact whether or not the Employer or the Engineer has sssented fo the appropriation. The Contractor shal, as benefciel omer, sign such documents and do ail such things as are necessary io pess fo the Employer ebsolule lege! tle fo ‘suah lem of Piant and Materials fee from all charges, liens end other encumbrances of any kind whatsoever Notwithstanding the issuing of any interim or Final Payment Cortiteate by the Engineer, where any item of Plant or Meleriels is not in accordance wih the Contract, the Engineer shall be eniiled to reject the item, end upon such rejection, foga tite in the rejected item shall immediately revert back to tho Contractor. The legal tive to any Plant or Materials removed from the Site in accordance with Sub-Ciause 4.23 [Contractor's Operations on Sile shal revert to the Contractor immediately upon such removal. Upon legal tte in any rejected Rems reverting to the Contreotor, the Employor ‘shall be entiled fo set of or otherwise deduct eny amounts proviously pal 10 the Contractor for the rejected ems from eny subsequent Interim oF Final Payment Cerlcates, oF fo otherwise recover such sums from the Contractor 28. debt due end payablo to the Employer.” Sub Cinsa 7a [Setting aside and marking] Tnserl the following as @ new Sub-Clause 7.9: “Where in accordance with Sub-Cieuse 7.7 (Ownership of Plant and Materials} the legal tte to any item of Plant or any Melorials passes fo the Emplayar prior to the delivery of such tom fo the Site, the Contractor shell so far ac Is practionble, set aside and mark the item end all component parts thereof and esignated materials therefor es the property of the Employer. If the Contractor {alls to set aside end mark as the item(s) in accordance with this Sub-Clause 7.8, the Engineer shall be entitled 10 oxclude from any Interim Payment Certiicate the value of any such items (and all component paris thereof and designated materials therafor) which the Coniractor may otherwise be enliled to have included in such interim Payment Certificate." ‘Sub-Glause 8.7 [Commencement of Work] alate the second sentence of the firs paragraph, which starts wih fe word "Unless otherwise stated in its entirely Sub-Giause 83 [Programme] Dalete the word “and” after sub-paragraph (@)(), delete the fll lop at the end of sub-peragreph (d)(i) and add the word “and aller sub-peragraph (di). Insert a new sub-paragranh (4) (i) ae follows: "qil) detailed cash flow estimate of ali payments which the Contractor cconstkers wit become dlio fo him under the Contract, in such form and in such detail as the Engineer shall requir” Portia Condlion of Ganea Fase TE TENDERBH-RB-00-10-17 ‘At the end of Sub-Clause &.3, inser the following as @ new paragraph: “Tho Enginoor shall from timo to tine bo ontitled to requost an updated description of the methows which the Contractor intends 4 adopt for the Works. The Contractor shall promptly comply with any such request from the Engineer. All Costs associated with the preparation of such motiod descriptions shall bo bome by the Contractor.” ‘Sub-Clause 64 [Extension of Time for Completion} ‘Atthe end of Sub-Cleuse 6.4, Insert the following as 8 new paragraph: “Notwithstanding any provision in the Contract, a period of dolay was ceused by two or more events of delay which are of approximately equal causative potency , whether such events of delay are contemporaneous or not (‘Conourront Delay’), and one or more of the events of delay is such as fo entile the Contractor to an extension of lime under Sub-Cieuses 8.4 [Extension of Time for Completion] and 20.1 (Contractor's Claims} but the other ‘veni(s) of delay does not entitle the Contractor to an extansion fo the Time for Complation, the Contractor shal, subject to compliance with the requirements of Sub-Clauses 8.4 and 20.1, be entiled fo an extension of the Time for ‘Completion but the Contractor shail rol be enilied f9 any Costs associated with, or arising cut of, such Concurrent Delay.” Sub-Ciause 85 [Delays Caused by Authorities) Th sub-paragraph (b) delete the word "authorlies” and replacs h with the word “Authorities”, Sub-Clause 0.8 [Rate of Progress) ‘Al the starl of the fst sentence of the frst sentence of the Trt paragraph afier the words “tf, at any time” Insert the words "in the apinion of the Engineer". ‘ii the second paragraph, delele the words "Unless the Engineer nollies ‘otherwise” and replace them with the words "Subject fo the approval of the Enginoe?”. SubClass oF (Delay Damages) Delete the iirst sentence of the Second paragraph in is eniirely and replace i with the following "The payment of such delay damages shall not affect or fimit any other rights cor remedies evailebi to the Employer under the Contract." “Ailer the sacond paragraph, insert the folowing as @ new paragraph: “Any delay damages specified in the Contract shell be deamed by the Pastis 10 be @ genuine pre-sstmets of the loss that wil be suffered by the tmployer| resulting from the delayed completion of the Works (or eny Section there." Sub-Ciause #4 [Contractor's Obligation] Inthe first sentence of the second peragieph which bogins with the words "The Contractor shell give", after the word "Engines" insert the words “and the Delete the first sentence of third paragraph which commences with the words “in consitioring the resutts.."n its entity. Sub-Clause 54 [Falture to Peas Th the second sentence of the second paragraph of Sub-Clause 04, aller he words "the Employer may’ ineert the words ", in its absolute diserstion,". ‘Sub-Ciause 10.1 [aking Over of the ‘Works and Sactlons] in the first sentence of the first paragraph of Sub-Clause 10.1, afer the words = FFallure to Pass Tests on Completion] the Works", insert the wards "or any Section thereof’, and after the words "When () the Works" delete the words “have been completed in accordance with the Contract, Including the matiers dasciibed tn Sub-Cieuse 8.2 [Time for Compiston|, ene except ae eliowed fn ‘sub>peragraph (2) below’, and repos them with the words “or any Section Bates thereof are Substaniially Complete". a ea Saad a TENDER DOCUMENTSBULRB.00-10-17 in the first sentence of the second paragraph of Sub-Clauso 10.1, after the words “in the Contractor's opinion be" delete tho words "somplate and ready for taking over", and replace them with the words “achieve Substantially Complete" Th the first sentence of sub-paragraph (a) of the third paragraph, after the ‘words "to tho Contractor” insert the words "aller baing approved andl signed by the Empioyer”. Delete the fourth (ast) paragraph of Sub-Ciause 10.1 which begins wih ihe Engineer falls ofther to issue..."in its entirety and replace wit “if the Engineer fails either to isste the Taking-Over Certificate or to reject the Contractors application within the period of 28 days, the Contractor may apply by a further notice to the Employer for a Taking-Over Certificate refering to the Engineer’ failure to respond to the Contractor's application, Ifthe Employer fails either to issue the Taking-Over Certificale or to reject the Contractor's application within a period of 14 days aller receiving the Contractor's further notice, and if the Works or Section (es the case may be) ‘are substantially completed in accordencs with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the day after the lest dey of that 14-days period.” ‘Sub-Clause 102 king Over of Parts of the Works] Ta the fist sentence of the second paragraph aller the words "The Employer shal not" insert the words *, except as provided in Sub-Clause 10.5" Th the fourth paragraph which begins wil Ihe words “If tre Contractor ours Cost..", after the words ‘agreed by the Contractor" inset the words “en! ‘except &s provided in Sub-Clause 10.5 (Early ecosss for Other Contactors,” Tithe frst sentence of the Tourth paragraph, efter the words “any such Cost” delete the words “plus reasonable prof’. In the second sentence of the fourth Paragraph, afler the words “determine this Cost" delete the words “and prof, Other Contractors] | Sub-Claiise 10.3 [in the first sentence of the first paragraph of Sub-Clause 10.3 delete the [interference with | number "#4" and repiace it with the number "60" Teste on | Th sub-paragraph (6, delete the words "plus reasonable prof | insert the following as @ new Sub-Clause 10.5: “(@) The Contractor must provide lo the Employer al information in refaion to the Works reasonably necessary (0 assist the Employer's Personnel fo prepare the necessary crawings and spscificelions for other ‘contractors as identified in the Appendic to Tender. (0) The Employer shall submit any Drewings and spsolicetions releting to the Works prepared by any other contractor as may be relevant fo the Contractor, for its information. (0) Within 14 days of recelving any other contractor's Drawings and specifications, the Contrector must noliy the Employer whether in the Contractor's opinion the other contractor's Drawings and speaiiaations will, oF are likely fo, have any effect on the mathods or the soquance of construction of the Works or tke performance andor qualiy of the (@) The works designated to be carried out by other contractors will be carried out by such other contractors unless the Employer elects fo ‘issue a Variation io the Contractor in accordance with Clause 43 Werlstions and Adjustments] 10 carry out those. paris of the other| coniroiors works. The Employer not obliged to “engage tno | aia a TOIT a ERTS oS ois Fy | TENDER C ! = # DOCUMENTS \ - /BH-RB-00-10-17 ‘Contractor to carry oul any part of the works for ofher contractors. () if the works by other contractors are lo be carried out prior to the issue of the Taking-Over Certificate: o the Contractor must allow the other contractors access fo those areas of the Site and the Works necessary to allow the other contractors’ works fo be carried out; and (8) the Contractor shail remain in control of and fuly responsible for the Siie and the Works during the time ell works by other contractors are being varied out but Is entitled to Impose such reasonable restrictions and working practiees on the other ‘contractors as are necessary fo ensure that appropriate health and safely and Site security procedures ere adhered to.” ‘Sub-Clause 114” [Fellure to Remedy Defects] the following sentence at the slart of the frst paragraph in Sub-Ciause 14: “Wihere notiied of @ defect by the Employer or the Engineer, the Contractor shell comply with the Response and Resolution Timas stated in the Contract." Ih the previous first (row second) sentence of the first paragraph of Sub- Clause 11.4, after the word "If insert the words "a Resolution Time does not apply to a relevant defect, and. Ti the fist sentence of the second paragraph afler the words “by tis noliied date", insert the words “or within the relevant Resolution Time". In sub-paragraph (a) afler the words "Contractor's Cos?’ inser the words "and risk", and delete the words "but the Contractor shall have no responsibly for this work.” Insert the words “2s a debt due fom the Contractor at the end of sub- paragraph 11.4(c). ‘Sub-Clause 11.7 | In Sub-Clause 11.7, afler the words "Teasonably requred™, haar the words Right of Access} | the ophion of the Engineer’ ‘Sub-Clause 12.1 [Delete the first paragraph of Sub-Clause 12.1 and replace it with the [Works to be following: Measured] “The Works shall not be measured excep! for: (2) Froe-tssue Malerial items; and (®) Variations in accordance with Glause 13 {Varialons end Adjustments}, but not if the Verletion constitwles the omission of a ‘complete item from the Bill of Quentiles."| Sub-Cinuse 12.2 [Delete the first paragraph of Sub-Clause 12.2 (@xchding eub-paregraphs (e) [Methad of ‘end (b)) and replace it with the following: Mossurement] “Subject to Sub-Clause 42.1 [Works to be Meesured,"| SubGiause 123 | Delete te frst paragraph of Sub-Ciauss 12.3 end replace R with the folowing: [Evaluation] “Subject to Sub-Clause 20.1 {Contractor's Claims}, the Engineer shell proceed in accordance with Sub-Cieuse 3.5 [Determinations] fo agree or determine the price for the items requiring measurement at Sub-Clause 12.1 [Works to be Measured] by evaluating the relevant dems of work, applying the method of measurement specified under Sub-Cleuse 12.2 [Method of Measurement arid fhe appropri rete or price forthe tem.” Replace the second paragraph with the Tollowing: Paria Gonitns of Conta ae 7“ Ra TR aes Savin . ‘ AY) _ tenner Rees DOCUMENTS in ]BH-RB-0O-10-17, Sul Ta “For each item of work, the appropriele ralo or price for the tem shall be the ‘ale or price speolied for such tem in the Contract o, if there is no such llam in the Contract, the price specified fer similar work, However, @ new rate or price shall be appropriate for an tem of work if (6) The work is instructed under Cleuse 13 {Veritions and Adjustments) (2) No.ate or price is speoited in the Contract fr this em; and (0) No specified rate or pre is appropriate because the item of work is not of ‘iniler cherecter, or fs not exeouted under similer condions, as any item in the Contract” In the third paragraph replace “(e) ender (b) inthe third line with “(e), (b) and (c) above" Jn the first sentence of the third perograph, alter the words “iogotfior wit ‘reasoneble profit" inser the words “and al ofhor overhead costs, but th any case, nt excaeding the percentage specified ithe Appendix fo Tender” | Delete Sub-Ciause 124 and is headhg in lis entirely and replace W wih the | Shanges in Cost] fOmigsions] words “not used", ‘SubClause 13.1 In the first sentence of the first paragreph after the words "the Engineer” insert [Right to Vary) the words "with the Empioyer’s written conse! Tn the third paragraph of Sub-Clause 13.1 which begins with the words "Each Variation may include", delete sub-paragraph (d) in its entirety and replace it with the following: “(@)_ omission of any part of the Works". ‘After sub-paragraph (d) insert the following as a new sub-paragraph (6): "(e) changes in the price of Prime Cost items specified in the Bil of Quantitiss, i any" ‘Sub-Clause 13.2 in the first sentence of the first paragraph, aller the words “submit fo the [Value Enginesring] | Engineer" insert the words ", with @ copy to the Employer." Tn the second sentence of sub-paragraph (@) delete the words "THs fee shal be half (50%)" and replace them with the words “This fee shal be quarter (25%)". | Sub-Clauwe 158 [the fret sentence ofthe Trst paragraph aller the words “ihe Engines? neert {Daywork] the words "with the wrilton consent of tre Employes", Deleie the word “and” after subparagraph (6). insert the word © and” afer ‘subparagraph (c). Insert @ new sub-paragraph (d) as follows: "(@)_@ description of the Works,” ‘Sub-Clause 13,7, At the end of the first paragraph of Sub-Clause 13.7, insert the following as a {Adjustments for new senlence: ‘Changes In Legisiation} “For the avoidenos of douit, the Contract Price ahall not be inoreased on account of any changes to, or introduction of any new Tax Laws." SubClass 13.8 Delete Sub-Clause 13.8 in is entirety, and replace ft with the following: [Adjustments for No adjustment of the Contract Price, nor any adjustment to the rates and’ piss set out in the Bills of Quaniitss, shall be mad in respect of any rise or fallin tho cost ar the avalabilly of Pert, Meterials, labour or any ather matters Which affect the Contractor's cost of executing the Works.” ‘Sub-Clause 14.1 Tlie Gontract Price] Delle Sxb-Giuse 141 ni oneiy ad repace wth toon: “Unies otherwise stated in the Contract: Faraar Conon of Conwect ‘atranaBH-RB-00-10-17 (@) the Contract Price shall bo the lump sum price stated tn the Contract ‘Agreement and shall only bo subject fo adjustments in accordance with the Contract; (®) the Contractor shel! pay ell taxes, duties and fees in accordance with any applicable Laws or Tax Laws (as my be amended trom tne to time) @s may be or es become cue from the Conirector, and the Conlract Price shell not be adjusted for any of these costs or amounts, ‘and the Contractor shail have ao other entitlement to payment for the same from the Employer; (©) any quantities which may be set cut in the Schedules or the Bill of Quenities are estimated quentites and are not to be taken as the actual and comrect quantities of the Works which the Contractor Is required to execute; and (@) any quantities or price date which may be set out in the Schedules or the, BU! of Quantifes shall be used for the purposes slated therein and ‘may be inapplicable for other purposes. Notwithstanding the above, as stated in Sub-Clause 12.1 [Works to be Measured), the freeissue materials end Variations shell be measured and ‘evaluated in accordance with the process in Sub-Cleuse 12,3 (Evaluation. The Contractor shall submit to the Engineer, within 28 days efter the ‘Commencement Dete a proposed breakdown of each item in the Bil of Quentties. The Engineer may fake account of te breakdown when preparing Payment Cartiiates of evaluaing variations, bu shal not be bound by i.” ‘SubClass 42 TAdvance Payment] Th The Wat sentence of the fist paragraph, efler the words “submis @ ‘quaranies" insert the words “from a bank approved by the Employer, end oberise’ Inthe first sentence of the first paragrep, afler the words "in accordance with this Sub-Clause" delete the full siop and insert the following “the Performance ‘Seounly and the parent company guarentes (If requested by the Employes)". Tithe fet sentence ofthe third paragraph replace “and (iy with * Gy. Th the first sentence of the third paragraph afler the words “equal fo the advance payment” insert the following "and (if) the parent company guarentse {unless otherwise stated in the Appendix to Tender)". Tub Clause 12.3 [In sub-paragraph 14.3(b) afler the werds “changes fh Tegisfalion” delete the [Application for | words "end changes in cost" and after the words "Sub-Clause 13.7 interim Payment | (Adustments for Changes in Legislation” delete the words "and Sub-Clouse Cortificatos} 19.8 [Adjustments for Changes in Cost" ‘Sub-Cinuse 124 | Rename subparagraphs (€) to (@)as (@) 1 (. frecaenretl Replace the “et the end! of subparegreph (c) with er” end inser! a new eub- "aymonts} peragraph(d) 28 follows: “(@ i these instalments are defined by reference to the actuel progress achieved in executing the Works, and if actual progress is found to be tess than thet on which this schedule of payments was based, then no payment shal become due uni! the referenced actual progress is achieved” Sub-Clause 146 “Ailor the fifth (last) paragraph of Sub-Ciause 14.5, thal begins with the words [Plant and Matorists | "The currenolee for this addtional amount shel, insert the folowing as new intended for the | peragraphs: Works] *in addition to the above, and as pre-requisite to payment-under this Sub- Clause, the Contractor must submit (o the Engineer an exeouled vesting Fir Gondor o1Goniee — [FG Rati i ame Savers TENDER al | hee TENDER g { awit | fees DOCUMENT: \ i ]BH-RB.0O-I0-17, ‘agreement in @ form acceplable to the Engineer for all Plent and Materials for which the Contractor seeks payment under this Sub-Clause. The Contractor shall incorporee provisions equivalent to this Sub-Clauss in every subcontract IRenters Into wit ts Subcontractors." ‘Notwithstanding the above, the Contractor shall not be entitled to any payment under this Sub-Ciause where the Engineer befoves that the delivery of such items of Plant and Materials 'o Site was premature having regard to the requirements of the programme.” | Sub-Glause 14.8 seve of intoriin Payment Certificates) Th the first sentence of the first paragraph, afer the words “the Performance ‘Seourily” Insert the words “avidenos of valid instrances required to be provided by the Contractor in accordance with Clause 18 [insurance] and parent company guarentee (if slated inthe Append to Tender)" Th the second sentence of the first paragraph efter the words “issue to the Employer an interim Payment Corticale" insert the words *, with @ copy to the Contractor," Th the second sentence of the fist paragraph afler the words “delonmines fo be duo" insert the folowing: “in respect of each head of claim included i the Contractor's application submitted under Sub-Cleuse 14.3 [Application for interim Payment Contiticates)" | Atthe end of te frst paragraph, insert the folowing as @ new sentence! "The Engineer may request further information as it resonebly requires to assess the Contractor's application for an interim Payment Certiicals. Where the Engineer issues such 2 request, if shall then issue the relevant intorim Payment Certlicato upon the later of () 14 days siter receiving all of the requested additional information or (i) 28 deys after receiving the initia! Sieiement anc supporting documents.’ Th sub-paragraph (@) aller the words "accordance wilh tie Contract Wiser We foliowing: "including anything supplied or work done which has previously been the subject of an Inorim Payment Certiele or which has been pakd for by the Employer in any other wey)* ‘SubClauee 14.7 [Payment] Delete sub-paragraph (a) in iis entirely and replace Itwih the following: “{g) the first instalment of the advance payment within 42 days after the Engineer issues the interim Payment Coriticato" In sub-paragraph (b), after the words "Payment Certificate within" delete the ‘number "36" and replace it with the number "30", and efter the words "after the Engineer" delete the words "recoves the’ Statement and supporting documents" and replace them with the words "issues the interim Payment Certifoats in eocordence with Sub-Clause 74.6 [issue of interim Payment Contiicatas?. in sub-paragraph (c), alter the words "Final Payment Cortiicate within” delete the number "56" and replace it with the number "30", and afer the words “efter the" delete the words " receives this Payment Certiicate” end replace thm with the words “Engineer issues the Final Payment Costiicte" in the final paragraph of Sub-Clause 747, after the words “speaifed i tho Contract", inser the following as a new sentence: "The Employer shal! be responsibie for all bank apes: and transfer fees levied on any payments made by the Emailoyer to the Baten Fann Cone oi anree ae TG Red back (SPO ners es | TENDER ig DOCUMENTS: Te =) IMBH-RB00-10-17, ‘under the Contract” ‘Sub-Clause 188 Delayed Payment Delete Sub-Ciause 14.8 and fs heading in is eniirely and replace W with the ‘words “not used Sub-Cheuse 5 IPayment of Retention Money] ‘At the start of the first sentence of the frst paragreph delete the word "When and insert the words "Within 28 cays ater’. ‘Al the start of the first sentence of the second paragraph delete the words “Promptly afte” and insert the words "Within 26 days efter". Tm the fourth (las) paragraph delete the words “and SubClauso 13.8 [Adjtisiments for Changes in Cost.” ‘Sub-Ciause 14.10 [Staterant at Completion] Th the fist sentence of the firet paragraph aller the words, “Taking-Over | Geriifcate for the Works," insert the folowing: “end subject to the Contractor having completed any and all Works and! having ‘ectiied any defeots apparent in the Works at the date the taking Taking-Over Cerificate was issued,” ‘Sub-Clause 14.42 Discharge} ‘Atthe ond of Sub-Clause 14.12 inser! the following as a new paragraph "Notwithstanding the above, the issuance of @ Final Statement and Fine Payment Certifcate shall not: (2) prejudice the continued vaiilly ancl enforceeiliy of any Warrenty, or| ‘any warranty implied by Lew in elation to the Works or any pert thereof; (0) relieve the Contractor of any and all its continuing abilles and obligations at Law or es provided by the Contract including (but not limited to) Sub-Clause 4.27 (Secrecy); and (©) be interpreted as conclusive evidence of eny amounts dus and owing tunder the Contract if there hes been fraud or dishonesty on the part of the Contractor.” SubCiauee 162 [Termination by Employer] Tin_sub-paragraph (@), aller the words "he Works” insert the words “or subconiracis any part of the Works without the Engineer's end the Employer's ‘express writien consent in accordance with Sub-Clause 4.4(b),".} Delete the Tul stop at the end of subparagraph () and add @ comma to be Tollowed by the word "or", Insert the following 68 @ new sub-paragraph (9): ‘iaits to complete the Works for the purposes of Sub-Cleuse 10.1 {Teldng-Over ‘of the Works and Sections} within such time after the expiration of the Time for ‘Completion that the Employer's entitlement to delay damages hes reached the timit on delay clamages stated in the Appendix to Tender, or” Thaert the following as @ new sub-paragraph (i) “proaches Sub-Clause 4.27 [Secrocy}." Ti the second paragraph of Sub-Clause 16.2, beginning with the words "in any of these events or clroumstances', delete the words "(a) or (f" end insert the words “(e}, (0 or (hy. Tn the first sentence of the fourth paragraph of Sub-Cleuse 152 beginning with {he words "The Contractor shal fen ave the Sil," delete the words “use his best efforts to" After the sixth (las!) peragraph of Sub-Clause 16.2 insert the following as a new paragraph: “Notwithstanding anything to the contrary in this Sub-Glétise 15.2>temination arian Conatone of Conk Baten va (BB tenoer jf Peers Bye [onan fog DOCUMENTS | ( iM fiBH-RB-00-10-17 of the Contract by the Employer shail not in any way affect any rights or causes of action accrued by the Employer prior fo the date of termination. ‘Such termination will not affect the requirement on the Contractor fo comply with its on-going obilgetions under Sub-Clause 4.8 [Assignmant of Benof of Subcontract], and Sub-Clauss 4.27 [Secrecy} in accordance wilh the requirements of the Contract.” Sub-Cinuse 184 In sub-paragraph (c) effor the words “completing the Works” inser the words [Payment after “and remedying any defects therein". Termination} ‘Sub-Clause 15.6 In the second sentence of the first paragraph of Sub-Clause 15.5, after the [Employer's ‘words "28 days after delete the words “the Jeter of and repiace the word Entitiernent to: “dates” with the word "dete". In the second senienoe of the first paragraph after Termination] the words "receives this noice", delete the words “or the Employer returns the Performance Security’ and replace them wilh a full stop. In the first paragraph of Sub-Ciause 15.5, delete the third sentence that begins with the words "The Employer shail not’ in its entirety. Bib Clause 164 | the fl saniance of he fal paragraph of Sub Ciause 10.7, delete the words [Contractor's "2.4 [Employer's Financial Arrangements or Sub-Clause or". Sapentvior Ta the frst sentence OF he frat paragraoh replace "27 days” with "25 days" Tn the second paragraph, delete the words “fhancing charges under Sub- Ciguse 14.8 [Delayed Payment] and to’. Th sub-paragraph (b) delete the words plus reasonable prom” Sub-Ciause 16.2 Delale sub-paragraph (@) in lis enlirely. Rename subparagraphs "Yay" to *(ey"| (Termination by as “(a)"to "()" Sontrector) In sub-paragraph (é) (formerly sub-paragraph (e)} delete the words “or Sub- Clauss 1.7 [Assignment Te he sean paragraph Topic "SU paragraph oF wi subparagraph (oor (y" ‘After the third (lst) paragraph of Sub-Clause 182 baginning with the words “The Contractor's election fo terminate the Contract, insert the following ea = new paragreph: “if the event which is the subject of the Contractor's notice 1s rectiled prior to the exply of the 14-day notice period noled above, the Contractor's notice shail be of no effect and the Contract shail remain valid and in force.” Contractor's Al the end of sub-paragraph (6) delete the word "end, ‘Aifer sub-paragraph (¢) delete the Tull stop and insert the word", and” Insert @ ew sub-paragraph (q) as follows: Equlpmeng “49 comply with any instructions of the Employer or the Enginser in ratetion to Plant or Materials not yet delivered fo the Site” SubClause 16.4 [insert the word”, and” et the end of sub-paragraph (@) and at the ond of sub- [Payment on paragraph (b), delete the word “end” and repiaoe it with a full stop, Termination] Delete sub-paragraph (c) In its entirely ‘Sub-Glause 17.1 | Delete fiom the start of Sub-Ciause 17.1 0K) fo the end of he Sub-Clause. Wndemnities} Delete the colon at the end of sub-paragraph (b) and insert the following at the ‘end of the sentence: “arises out of oF in the course of or by reason of the Corirectors design (i any), the execution and completion of the Works and the remedying of ety Fae oni of at ae a news TENDER Fg ie DOCUMENTS |BH-RB-00-10-17 ‘etects, provided That the foregoing rdemniy shall nol apply with regard to any such matters incurred or made as a resuit of or in connection with: (0 1080s, injuries or damage to persons of property which are in the ‘opinion of the Engineer the unevoidabie result of the carrying out ofthe Works in accordance with the Contract or the remedying of defects therein but this exolusion shal only apply where the Contractor has ‘nolifed the Engineer in writing not less than 14 days prior fo the ‘occurrence ofthe relevant ioss, lary or damage; (losses, injures or damage to parsons or property alec resulling from any act or neglect of the Employer, its agents, employees or other contractors not being employed by the Contractor; or (ii) 108808, injuries or damage fo parsons or property contibuted to by any such act oF neglect as is refered to in sub-peregraph (i) above, f0 the extent of an equitable proportion thereof having regard to the clegree of such contribution, Without in any way tilting ts gonersily, the above Indemnity shall apply to lains, actions and demands brought or made by employees or agents of the Contractor, of any ofits Subcontractors or of the Employer. {nthe event of any claim or demand being made against or any action belng feken against either Party o the Contract and such claim, demend or action és within the scope of the relevent inciomnity conteined in this Sub-Gleuse 17.1, the Party lable to indemnity shal! be promplly notified in waiting by the other Party and the Parly Hable to indormily shalt at fis own Cost conduct all ‘negotiations for the seltioment of the seme and any itigation that may arise therefrom. Tha Party fo be indemnnifed shal not, unless and unt! the other Party hes failed to take over the conduct ofthe negotiations oF itigalion, make any admission which mey be prejudice thereto. The other Party shall, atthe request of the Party liable fo indemnly, afford ail available assistencs for any ‘such purpose end shall be repaid all reaeonable Costs incurred in 30 doing, The Contractor shall indemnity the Employer against any loss or damage (whether direct or indirect actuel or consequential) resulting from the ‘instalation of software oF fimware info équioment at the Sita which has not ‘been tested for and shown to be clear of viruses or lke agents.” | Sub-Clause 17.2 [Contractor's Gare of the Works] ih the fal sentence of the Wet paragraph, aller The word "Goods" ineon The ‘words “(inoluding any free issue materiats)". In the same sentence, afier the words Yor the Works" inser the words (or any Section thereof. ‘Alithe end of the third paragraph, inser the following as a new sentence: “Notwithstanding this obligation, where eny toss or demage occurs fo any free- ‘issue material, the Employer retains the right fo elect fo repair ar repléce, oF to Instruct the Contractor in wnling to repair or replace, the seme. Any cosls toured by the Employer as a resull of such repats or replecement shall be recoverable from the Contractor ty deduction from any interim or Fines Payment Certificates, or otherwise es a debt dio.” ‘Sub-Ciaus 17.3 [Employer's Risks} Tn sub-paragraph (9) after the words “Employer is responsible” insert the following: “insofer as the Employer is solely responsible for the adequacy, sulfiiency and correctness of such design” Tn sub-paragraph (h) aller the words ‘which Is Unforeseeabie, o ineect the words * i foreseeable," ‘SubCiause 175 Dee ir eee is oii (cing e-rarera ae areal Conatone of Cone Batra v8 renner ql [0 [O% i pocumenrd \ } fi Sa [San adBH-RB.00-10-17 [intellectual and Tn the fourth paragraph commencing wih the words “The Conlractor shall Indenwiify" insert at the end of the paragraph: “or (ii) a breach of any third party intelectual property rights (or industrial property rights) contained within the Contractor's Documents inaluding any {allure by the Contractor to comply wih its obligations under Sub-Cleuse 1.10 Employer's Use of Contractor's Documents}. The above indemnities shell not apply in respect of eny claim alleging en Inringement which Is or was: (4) an unavoldebie resutt ofthe Contractor's compliance with the Contract, or (0) a resutt of any Works being used by the Employer: (0 fer @ purpose other than that indicated by, or reasonebly fo be Inferred trom, the Contract, or (in conjunction wih enything nol supplied hy the Contractor unloes ‘such use Wes disclosed 0 the Contractor prior fo the Base Dato or is stated in the Contract” SubClass 18.4 [General Requirements for Insurances] Th the first paragraph after the worde "tho fsuranco speciiod i”, delete the worde 'the relevant Sub-Glause” and insert the words "the Appendix to Tender’, ‘Sub-Cauee 182 [Insurance for Works ‘and Contractor's Equipment] Th the fiat sentence of the Thst paragraph of Sub-Glause 16.2, aller the word “Materials” insert the words "(inchiding any free-issue materials in the custody ‘and control of the Contractor)” Th the second sentence of the first paragraph, after the words "“Certtiticats for the Works” insert the following: "and shall apply, ifthe insuring Party is the Contractor, wherever in the world the subject of thé insurance is located at the lime itis procured for the purpose ‘of completing the Works or remedying any defects therein." In the first sentence of the fourth paragraph of Sub-Clause 16.2 after the words “stafed in the Parifcular Conditions* insert the words “or the Appendix to Tender" Delels Sub-Clause 18.2(@) in iis entirety and replace it with the following: 40) shalt also cover loss or demege caused by the Employer's risks listed in the Appendb to Tender are identiled as applicable with deducies per ‘ocourrence of not mare then the amount steted in the Append fo onder.” in Sub-Clause 182(e) after the word “may” and before the word "however" insert the following: *, where the Contractor is the insuring Party end has obtained the Employers prior waitien consent,” After the words “and reinstatement of" insert the words “any or all of the Deka Sub-Ciuss 16:20) fs eniey and replace Kw Be word “ot Delete the fifth (last) paragraph (which begins with the. words". more than Se ‘one year after the Base Date”) in ts entirely. ‘Fe Conalions of Gonat ro barainve aoa 1A arama ges | v TENDER ' } igh, DOCUMENT: teBH-RB-00-10-17 Th the fourih paragraph at the end of Sub-Clause 16.2(6) insert the word *, end, Sub-Glause 185 [Professional Indemnity Insurance} Insert the folowing as a new Sub-Ciause 18.5: “Where the Contractor Is required fo carry out or assume responsibilty for design of the Works or any part thereof, the Contractor shall obtain end ‘maintain professional indemnity insurance, belng coverage in respect of the ‘professionel performance of the design by the Contractor and! its design ‘Subcontractors of any part of the Works. Such coverage shail be in an amount of not fess than the amount stated in the Appendix fo Tender (or an equivalent sum in an alternative currency acceptable to the Employer) for any one ‘occurrence or series of occurrences arising in any ona year out of any one ‘event and shal! be maintained in the amount stated in the Appendix to Tender from year to year notwithstanding eny previous ofelm oF claims trom the ‘commencement of the Works unt the date of Issuance of te Performance Contiioste in accordance with Sub-Cleuse 11.9 [Performence Certillcate) and ‘theresfier for the period steled in the Aopendix to Tender from end including the date of the issuance of the Performance Carliicals. Any professional Indemnity insurance obtained by the Contractor shall comply wilh the requirements set out in the insurance Requirements Schedule” Sub-Clause 18.5 [Duty to MAinimlas Delay) ‘A the end of the fret paragraph of Sub-Clause 19.5 delele the ful stop and insert the following: "and to do all that may reesonably be required by the Engineer lo proceed with the Works.” ‘Sub-Ciause 184 [Consequence of Force Majeure] ‘Aithe end of sub-paragraph (@) replace “anc? with ‘but Replace sub-paragraph (b) with the fotowing: ") the Contractor shail not be enilted to recover any Cost or increase in the Contract Price.” ‘SubCisuse 16 {Optional Termination, Payment and Release] ‘Allthe ond of the frei paragraph, inser the following es a new senience: "Such termination willbe without prejudice to: {@) the obligation of the Employer to pay to the Contrector a sum determined in accordance with this Sub-Clause; and ») any right oF obligations which may have aecruad! between the Partios ® rior to such termination. in the seoond paragraph, afler the words “Upon such (efminalion® insert ths words “the Contractor shall submit a Statement to the Engineer in the form specified at Sub-Ciause 14.10 [Statement et Completion), andl. in the second paragraph delete sub-peragraphs (8), (b), (c), (d), end (e) in thelr entirety and replace them with the following sub-paragraph: “(e) the Contract value of the Works cerried out in accordance with the Contract wp to the time of termination; (©) any exponalture, not otherwise inoluded in the Statement, reasonebly incurred by the Contractor prior to the tne of termination in the expectation of the Contract continuing and of carrying out the Works; (0) ary smounts, not otherwise inclucied in the Statement, to which the Contractor is entitled or which he Employer or the Engineer is entitled to deduct or otherwise recover, In each case, under eny ferm, condition or provision of the Contract or otherwise in connection with or arising: out ofthe Works; and (c)_the ressoneble Cost not already allowed! and al for (nd 88 cerlicd Ta dDBH-RB-00.10.17 ‘by the Engineer) of repatriation of the Contractors employees wholly engaged at the limo of such terminetion on or in connection with the Works.” Th the second paragraph, afer sub-peragreph (@), insert the following new paragraphs: “The Engineer may adjust the amounis spealied in sub-paragraphs (2) to (o) above in the Contractors Statomont whore ho deems suob adjvatmants to bo reasonable. The Employer and the Contractor shail egros to and sign the ‘adjusted Statement, Tho Contractor shell submit to the Engineer an application for @ Final Payment Conticate in accordance with Sub-Cleuse 14.11 [Application for Finel Peymant Cottfcate}reficting the agreed amouns in the Statement in accorelanoe with this Sub-Cieuse. The Engineer shall issue @ Final Payment Carliiceto in scoariance with Sub-Ciewss 14.19 {issue of Finel Payment Certificate] and payment shell be made in accordance with Clause 14 (Contract Price and Payment, ‘Notwithstanding anything in this Sub-Clause, the Final Peymest Certiicate £0 issued by the Engineer shal! not be treated as evidence of the Works having ‘been completed, or the Contracior's obligations under the Contract being discharged.” Sub-Clause 19.7 | Afler sub-paragraph (b), insert he Tolowing 8s @ nev paragraph: [Relense rom ier | it the evant ofthe Parties being discharged from futher performance of the eo Contract, ttre Contractor shail remain obligated to perform its obligations under ae) ‘Sub-Clause 4.5 [Assignment of Benefit of Subcontraci, and Sub-Cieuse 4.27 [Secrecy in accordance with the requirements of the Contract, notwithstanding anything to the contrary n this Sub-Cisuse 19.7." Clause 20 [Claims | Rename this Clause “Gialme and Dispulas™ Disputes and Arbitration) Sub-Clause 20.1 | in the fist sentence of the fret paragraph aller the words "give nol lo The KContractor’s Engineor insert the words "with a copy to the Employer" Gialms} Tn the fret sentence of the fith paragraph, aller the words "aha sand fo The Engineer’, ineert the words “with @ capy fo the Fmployar’ ‘Sub-Ciause 20.2 | Delete this Sub-Ciause and is heating ins entkely and ineert the words "nol [Appointment of the | usec", Dispute Adjudication Board] ‘Sub-Clause 20.3 Delete thle Sub-Clause and its heading in its entirely end insert the words "not Fellure to Agree | used’. Dispute Adjudication Board] ‘Sub-Clause 20.8 | Delete Sub-Cieuse 20.4 and ks heading in te ently, and replace Wi wilh the [Obtaining Dispute | folowing: Biuacaton Boar's | tenginaer's Decision” I @ dispute of eny kind whalsosver avises between tho Employer and the Contractor in connection with or arising out of, the Contractor the execution of the Werks, whether during the execution of the Works or efter thelr competion andl whether before or sffer reputation or otter termination ofthe. Conrad, inluclrg any diaputo as fo any opinion, instuctio, determination, ceifcete or valuation of {ne Enginess, the matter in dispute shall in the thst plage, be refered In wo to ‘afar Coeona a Gare eee Bava = TENDER Hee DOCUMENTSBH-RB-00-1047 the Engineer, wth a copy To the olher Pary, Such reference shal stale That Wis ‘mado pursuant o this Cleuse. No lafer than the eighly-fourth dey ator the dey on Which he recelved such reference the Engineer shall give notice of his decision to ‘he Employer and the Contracior. Such decision shal sito that It is made pursuant (© this Sub-Clause 20.4. Unless the Contract hes ready teen repuclaled or terminated, the Contractor shall, in avery case, continue fo procaed wah the Works with al dus digence and the Contractor and the Employer shall ‘ive effect forthwith to every such decision of the Engineer unless and until the ‘same shall be revised, as herelnafler provided, in en arricable settlement or en exbitral award. 1 either the Employer or the Contractor is dissadsiied with any decision of the Enginoor, or Ifthe Engineer fais to give bis decision on ar before the elghty-fourth day afer the dey on which he received the reference, then either the Employer or the Contractor may, an ar before the savenlioth day alter the day on which he received notice of such decision, oF on or before the seventielh day effer the day ‘on which the seid period of €4 days expied, as the case may be, give notice to the other party, wth @ copy for information to the Engineer, of his intention fo ‘commence arbiralion, as hereinafter provided, as to the mattar in dispute. Such notice shall esiablish the entitement of the party giving the nolice fo commence arbitraion, es hereinefer provided, #s lo such dispute and, subject fo Sub-Cleuse 20,7, no arbitration in respect thereof mey be commenced unless such notice Is given, If the Engineer has given notice of his decision as to meatier in dispute fo tho Employer and the Contractor and no notice of intention to commence erbkation, ‘8 fo such dispute has been given by elfier the Employer or the Contractor on of before the saventoth dey afler the day on which the Partlos received notice as to ‘such daoision from éve Engineer, he se decision Shell become fina and Dining ‘upon the Employer and the Contractor." Sub-Clause 206 [Amicabie Settlement] Delete Sub-Clause 20.5 and replace with the rofowing: "Where @ notice of intention to commence arbitration, ae to a alspute has been ‘given in accordance with Sub-Ciause 20.4, arbitration, of such disputo shall Trot be commenced unless an atlompl hes frst been made by the Parties fo sotlle such dispute amicably provided that, unless the parles otherwise agree, arbitration , may be commenced on or after tho fity sith day after tho dey on Which notice of intention fo commence arbitration, of such dispute wes given, Whether or not any attempt af amicable seltemont thereof has bean made.” ‘Sub-Clowse 20.8 [Arbitration] Replace Sub-Clause 20.6 with the following: “Any dlapute in respect of which: (2) _the decision, ifeny, of the Engineer has nol become fine and binding purauant fo Sub-Clause 20.4, and (2) amicabie selfement has not been reeched within the period stated in Sub- Glause 20.6 shall be finely settled by erbitretion, umdar the Rules stated in the Appendix io Tander by ons or more ebitrefors appointed under such Rules (or by the number of arbiirators, I any, eferred to in the Appendix to Tender). The said arbitretorts) ‘shall have full power to open up, review and revise any decision, opinion, Instruction, determination, certificate or valuation of the Enginaer related to the disput. The seal and venue of fhe ebiatonshal boas steed ia tho Append a Neither Party shell be trated in the proceecings befors such arbiters) to the "Perica Condons of Goriret Biteainns os FC Res is aor ; VARY "| 7 RY tenper ‘al faa DOCUMENTS Fe‘evidence or argumrents put before the Engineer for the purpose of obtaining his decision pursuant fo Sub-Clause 20.4. No such decision shail disqually the Engineer fom being called as @ wines and giving evidence before the arbitrators) on eny matter whetsoever relevent tothe dsp, Arbitration may be commenced prior to oF efor complation ofthe Works, provided that the obligations of the Employer, the Engineer, and the Contractor shall not be altered by reason of the arbitration boing conducted during the progress of the ‘with Dispute ‘Sub-Clause 20.7 | Delete Sub-Ciause 20.7 In lis entirely and replace lt with the folowing: (Falture to Comply | oragure i to Comply with Engineer's Decision Agjudiration Bawrel Where noler the Employer nor the Contraotor has given notice of intontion to commence arbitration of a dispute within the period stated in Sub-Clause 20.4 and the related decision has bacome final and binding, etther Party may, i the ‘other Party fails to comply with such decision, and without prejudloe fo any ‘other rights # may have, refer the fare to erblration in accordance with Sub- Clause 20.8. The provieione of Sub Clauee 20.5 [Amicablo Sattlomant] shall ‘not apply to any such reference.” | Adjudication Board's ‘SubChause 20.8 Delete Sub-Clause 20.6 in lis entirety and replace it with the following: Expt ofOeptto | -candouaton of Obligations Neither the existence of any alspute as mentioned in this Clause 20 [Giakms ‘and Disputes} nor the commencement of eny arbitration shall reliove oliver Party fo the alspute from its obigetion to continue fo observe and perform each ‘and every fer, condition and provision of the Contract." ‘Sub-Chause 20.9 Tnsert a new Sub-Clause 20.9 as follows: Aaidress for Service | “Adolress for Service Each of the Parties hereio agrees that the process by which any suit, action or proceeding which may arise out of or in connection with the Contract is begun may be served on it by being delivered to the addresses sof out in the ‘Appenelix to Tender." ‘Appandix [General | Delete the Appendix entilled "General Conditions of Dispula Adjudication Conditions of Agreement in is entirety and replace it with the words *not used". Dispute Adjudication Agreement] Faria Conlions of Cosa ie BIG Rea ot Tae meniinie Bahainys TENDER FEA DOCUMENTS |Marass! Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CONDITIONS OF CONTRACT APPENDIX A. FORM OF PERFORMANCE BOND EAGLE HILLS DIVAR COMPANY WL,Marassi Al Babrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package FORM OF PERFORMANCE BOND [Date] Eagle Hills Diyar Company WLL Level 27, West Tower Bahrain World Trade Centre, Manama Kingdom of Bahrain PO Box 75777 Dear Sirs, MARASS! AL BAHRAIN BHIPLTHCI02 MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 1) TENDER PACKAGE PERFORMANCE BOND No... ‘Whereas our alient, a contract with you dated .. and completion of [.. forming part of the project known as [Project Tite] in the Kingdom of Bahrain. . (referred to hereinafter as "the Contractor") has entered into (referred to hereinafter as "the Contract’) for the © carrying out aa ‘And whereas the Contract contains, inter alia, an obligation on the part of the Contractor to ‘obtain and deliver a Performance Bond in the amount of ten per cent (10%) of the Contract Sum {@s defined in the Contract). We[name of Bank and address], hereby irrevocably and unconditionally undertake that, forthwith upon our receiving written notice from your duly authorized representative stating that the Contractor has failed to observe or perform any of the terms, conditions or provisions of the Contract on its part to be abserved or performed we will, without proof or conditions and without any right of set-off deduction or counterclaim and notwithstanding any objection which may be made by the Contractor or any other person, forthwith pay to you to such account as you may nominate in Kingdom of Bahrain Dinars such amount as you may in such notice require not ‘exceeding (when aggregated with any amount(s) previously so paid) the amount for which this Bond is for the time being valid. This Bond shall be valid from the date hereof in its full amount namely Kingdom of Bahrain Dinars (words] (BHD ffigures}) and shall continue to be so valid with respect to any such written notice to us as is referred to above and as is received by us not later than the date upon which this Bord expires. This Bond shall expire on ././....., (This date shail be 4 months after the end of Defects Liability Period) after which this Bond shall be null and void. ‘When this Bond has expired, it must be retuned to us for cancellation but we shall be released from any obligation hereunder even if such retum has not taken place. _—— Page 1 of 2Marassi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Any payment by us hereunder shail be in immediately available and freely transferable Kingdom of Bahrain Diners free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed. Our obligations hereunder are of a continuing nature, constitute direct, primary, irrevocable and unconditional obligations which shall not require any previous notice to or claim against the Contractor or any other person, and shall not be discharged or otherwise prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the Contractor, or by any unenforceability or invalidity of, or any amendment, modification or extension which may be made to the Contract or the work to be performed thereunder, or by any intermediate payment or other satisfaction made by us, or by any change in the constitution or organization of the Contractor or by any other matter or thing which in the absence of this provision would or might have that effect except a discharye or amendment hereof expressly made or agreed to by you in writing Saving that we will comply with an order from a competent caurt having jurisdiction over us or to act in accordance with relevant laws, regulations, sanctions and regimes relevant to any member of the HSBC group. This Bond and all the rights and benefits thereunder shall not be freely assignable or transferable-without our prior written consent in writing, which consent shall not be unreasonably withheld or delayed, This Bond shall be govemed by and construed in accordance with the laws and regulations of, and from time to time applicable in, the Kingdom of Bahrain United. We hereby submit to the jurisdiction of the courts of the Kingdom of Bahrain in connection with this Bond, which jurisdiction shall be exclusive save in respect of the enforcement of any judgment or order of such courts. Yours faithfully, Duly authorised representative for and on behalf of [Bank] Page 2 of2 ‘ i \Marassi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CONDITIONS OF CONTRACT APPENDIX B FORM OF ADVANCE PAYMENT BOND EAGLE HILLS DIVAR COMPANY WL‘Marassi Al Bahrain Conditions Of Contracts ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package FORM OF ADVANCE PAYMENT BOND [Date] Eagle Hills Diyar Company WLL Level 27, West Tower Bahrain World Trade Centre, Manama Kingdom of Bahrain PO Box 75777 Dear Sirs, MARASS! AL BAHRAIN BHIPLTUCi02 MALL, CAR PARK, VIDA HOTEL & VIDA SERVICE APARTMENTS (PLOT 4) TENDER PACKAGE ADVANCE PAYMENT BOND No.. Whereas our client, . (referred to hereinafter as “the Contractor") has entered into a contract with you . (referred to hereinafter as "the Contract") for the canying out and completion J forming part of the project known 2s [Project Title] in the Kingdom of Eahrai ‘And whereas the Contract provides for the payment by you to the Contractor of Kingdom of Bahrain Dinars [words] (BHD [figures}) (the "Advance Payment’). ‘And whereas the Contract contains, inter alia, an obligation on the part of the Contractor to ‘obtain and deliver an Advance Payment Bond in an amount equal to the Advance Payment. We, [name of the Bank and address], hereby irrevocably and unconditionally undertake that, forthwith upon our receiving written notice from your duly authorized representative stating that in your sole and absolute judgment, the Contractor has failec| to observe or perform any of the terms, conditions or provisions of the Contract on its part to be observed or performed, we will, without proof or conditions and without any right of set-off deducton or counterclaim and notwithstanding any objection which may be made by the Contractor or any other person, ‘forthwith pay to you to such account as you may nominate in Kingdom of Bahrain Dinars such ‘amount 2s you may in such notice require not exceeding (when aggregated with any amount(s) previously 0 paid) the amount for which this Bond is for the time being valid. This Bond shail be valid from the date hereof in its full amount (save as may from time to time be reduced in accordance with the terms hereof), namely Kingdom of Bahrain Dinars [words] (BHD [figures)) and shall continue to be so valid with respect to any such written notice to us as is referred to above and as is received by us not ster than 4 months after the contractual completion date (the "Expiry Date’) (as hereinafter defined). The value of this Bond shall from time to time be reduced by an amount which you nofify-to us in writing as being the amount of any partial recovery of the Advance Payment. by you undef theMaressi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Contract.Such reduction shall be confirmed to us by you in writing, signatures thereon duly verified by your bankers and we shall promptly notify you of the revised guarantee amount accordingly. This Bond shall not be valid with respect to any written nolice received by us after the Expiry Date and shail after that date be null and void. After the Expiry Date has occurred this Bondl must be returned to us for cancellation but we shail be released from any obligation hereunder even if such return has not taken place. ‘Any payment by us hereunder shail be in immediately available and freely transferable Kingdom of Bahrain Dinars free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed. Our obligations hereunder are of a continuing nature, constitute direct, primary, irrevocable and unconditional obligations which shall not require any previous notice to or claim against the Contractor or any other person, and shail not be discharged or otherwise prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the Contractor, or by any unenforceability 0 ¥y of, or any amendment, modification or extension which may be made to the Contract or the work to be performed thereunder, or by any intermediate payment or other satisfaction made by us, or by any change in the constitution or organization of the Contractor or by any other matter or thing which in the absence cf this provision would or might have that effect except a discharge or amendment hereof excressly made or agreed to by you in writing. Saving that we will comply with an order from a competent court having jurisdiction over us or to act in accordance with relevant laws, regulations, sanctions and regimes relevant (o any member of the HSBC group. This Bond and all the rights and benefits thereunder shail not be freely assignable or transferable-without our prior written consent in writing, which consent shall not be unreasonably withheld or delayed. This Bond shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Bahrain. We hereby submit to the jurisdiction of the courts of the Kingdom of Bahrain in connection with this Bond, which jurisdiction shall be exclusive save in respect of the enforcement of any judgment or order of such courts. Yours faithfully, Duly authorized representative for and on behalf of [Bank]Marassi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CONDITIONS OF CONTRACT APPENDIX C [FORM OF COLLATERAL WARRANTY FOR MAIN CONTRACTORMarassi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package CONTRACTOR WARRANTY FOR WORKS: THIS WARRANTY is made the {wo thousand snd registered office at (hereinafter called "the Employer" which term shal inckide its assigns and successors intitle). WHEREAS: 4. The Employer is the developer of a as (hereinafter called “the Site") and has entered into a Contract with the Contractor dated the 2 (hereinefter called "the Contract’) for construction of the works forming the project (hereinafter called "the Works") at the Site (as further described in the Contract) dey of, 2. The Contractor has agreed to indemnify the Employer, in the manner hereinafter appearing, against any defects or deterioration in the workmanship, qualty of Materials end Plant and water {lightness in the Works. 3. Ifthe Contractor is responsible for any design work under the Contract, then the Contractor has, in eddiion to its obligations as stated in the Contract, agreed to indemnify the Employer, in the ‘mennat hereinafter appearing, against any defect fllur, eror oF inadequacy of. such design.Marassi Ai Bahrain Conditions Of Contracts ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package In consideration of the Employer entering the Contract withthe Contractor and in fulment of the Contractor's obligation under the Contract to provide this warraty (hereinafter called "the Werranty’) the CONTRACTOR HEREBY AGREES wih the Employer as felows:- 41, The statements and reprasentations in tho recital heroinabove stated are true and accurate in all respects and this Warranty shall have full force and effect notwithstanding termination of the Contractor's employment under the Contract of any other imitation on the Contractor's ibilly andlor responsibily to perform its obligations contained in the Contract. 2. Inthe event of any: 2.1 defects or deterioration in the workmanship, quality of Materials or Plant or watertightness; or 2.2. defects, failure, deterioration or inadequacy arising from the design work for which the Contractor is responsible under the Contract, being discovered in the Works or being discovered in other property and caused by the Works (in both cases which shall be determined by the Employer), the Contractor shall forthwith upon notice from the Employer and within such time as the Employer may direct {including complying with the Response end Resolution times stated in the Contract where applicable), effect remedial works to the defective items of work (and all other items of work and property affected directly or indirectly by the defecive work and by the said remedial ‘work), and shall ensure that such remedied works are fully compliant with the requirements of the Contract 3. Inthe event that remedial works undertaken by the Contractor prove ineffective in returning the defective items of work to the requfed standard under the Contrect as determined by the Employer (in its sole discretion)(or in the case of other propery, to the standard reasonably required by the Employer, the Contractor shall effect such additonal works in such @ manner {and within such time as the Employer may direct and shal carry out ll tests as directed by the Employer until ail the defects have been remedied to the standard required under the Contract 288 determined by the Employer (in its sole discretion). 4, Should the Coniractor fail to perform its obigations under Clauses 2 and 3 above within: 4.1. the relevant Response and Resolution times referred in the Contract (where applicable); or 42 where the Response and Resolution times are not applicable, within the time directed by the Employer; or 43 inthe absence of such direction from the Employer, within a reasonable period, the Employer shall be entitled to remedy the defective work itself, or employ others to remedy the defective work, and the Contractor shell on demand reimburse the Employer all costs and expenses incurred by the Employer for making good the defective work including all legal costs incurred by the Employer in enforcing this Clause. 5. Further the Contractor indemnifies the Employer against any liebilty which the Employer may have to any person whalsoever and against any claims, demands, proceedings, damayes, costs tend expenses sustained, incurred or payable by the Employer in respect of @ny defect, failure,‘Marassi Al Bahrain Conditions Of Contracts ‘Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package error or inadequacy of design which the Contractor has carried out under or in connection with ‘the Works, 6. _Allcosts and expenses arising out ofthe performance ofthe obligations under this Warranty shall bbe solely bome by the Contractor. 7. The giving of time or the neglect or forbearance of the Employer in requiring or enforcing its rights under this Warranty or any of its other rights under the Contract, shal not in any way prejudice or affect the obligations of the Contractor under this Warranty or the Contract. 8. This Warranty shail be freely assignable by the Employer to any Affliate or to any olher person (including legal persons) (hereinafter called "the Assignee") without the consent of the Cantractor, and afier such assignment, the Contractor shall pariorm allots obligations under this Warranty a ifthe Assignee had been the party to whom this Warraniy wes given instead of the Employer. 9. Any notice or demand required to be made shall be sufficiently glven If provided in aesordance wilh the requirements for communications stated at Sub-Clause 1.3 [Communications], of the Contract. 10. The provisions of this Warranty shall be without prejudice to and shall not be deemed or construed so a8 to limit or exclude any rights or remedies wich the Employer may have against the Contractor whatsoever including under the Contract or at law 11. Capitalsed terms not herein defined in this Warrenty, shall have the meanings given to them under the Contract ‘This Warranty shall be valid for the period of . veguerebcenpevee) years calculated from the date that the Taking-Over Certificate is issued for the Works (or if the Works are completed in Sections, the date that the Taking-Over Certticate forthe last Section is issued) under the Centract, IN WITNESS WHEREOF The hands of the Contractor and the Employer has been hereunto set the day and year frst above written: Signature of the Contractor: Company Stemp Name in Block Letters: _ In the Capacity of: = Duly authorised to sign agreement for and on behalf of: (Name of Company in Block Letters) Witness Signature Name in Block Letters: ‘Occupation: = Address: LGUPassport No.Marassi AI Behrain Conditions Of Contracts. r Mall, Car Park, Vida Hotel & Vida Service Apartments | (Plot 1) Tender Package r Signature ofthe 1 Employer: —____________Gompany Stamp _ Name in Block Letters: 1 In the Capacity of: Duly authorised to sign r agreement for and on behalf of:Marassi Al Bahrain Conditions Of Contracts Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 4) Tender Package CONDITIONS OF CONTRACT APPENDIX D FORM OF COLLATERAL WARANTY: FOR SUB CONTRACTOR‘Marassi Al Bahrain Conditions OF Contracts ‘Mall, Car Part, Vida Hotel & Vida Service Apartments (Plot 2) Tender Package FoR or THIS WARRANTY is made the eve en BBY OF cn two thousand 2d nnn (Orn) DY OO) aiacinassrcrsisccaccas ec __ having its registered office at. re (hereinafter called "the Employer"); and having ite @ _.. (hereinafter called "the Subcontractor’; in favour of the Employer, wich term shal include its assigns and successors in tte. WHEREAS van Pfoject known as at 12, The Employer is the developer of a... .. (hereinafter calied "the Site") and has entered into a contract with... _. having its registered office at. (hereinaffer called “the Contract") for construction of the works forming the project (hereinafter called “he Works") at the Site. 13. By anagreement dated the: 20. made with the Contractor (hereinafter calle jas agreed to oxecule part ‘of the Works (hereinafter called "the Subcontract Works") as further described in the Subcontract‘Marassi Al Bahrain Conditions Of Comracts ‘Mall, Car Park, Vida Hotel & Vida Service Apartments, {Plot 1) Tender Package 14. 15. ‘The Subcontractor has agreed to indemnity the Employer, in the manner hereinafter appzaring, against any defects or deterioration in the workmanship, qualily of Materials and Plant {and ‘water tightness] in the Subcontract Works. If the Subcontractor is responsible for any design work under the Subcontract, than the Subcontractor has, in addition to its obligations as slated in the Subcontract, agreed to indemnity the Empioyer, in the manner hereinafter appeaving, against any defect, falure, error or inaclequacy of such design despite the absence of a direct contractual relationship between the Employer and the Subcontractor. {n consideration of the Employer entering the Contract with the Contractor and the Contractor subsequenty entering the Subcontract with the Subcontractor, and in futilment of its obligations under the Subcontract to provide this warranty (hereinefter called "the Warranty"), THE SUBCONTRACTOR HEREBY AGREES with the Employer es follows: 1 The slatements and representations in the recital hereinebove stated are true end accurate in all respects and this Warranty shall have ful force and effect notwithstanding terminatior of the Contractor's employment under the Contract or the Subcontractor’s employment uncer the Subcontract, and any other limitation on the Contractor's or the Subcontractor’s liability and/or their responsibiliies fo perform their respective obligations under the Contract and Subcontract respectively Inthe event of any: 2.1 defects or deterioration in the workmanship, quelity of Materials or Plant or vatertightness; or 22 defects, failure, deterioration or inadequacy arising from the design work for which the Subcontractor is responsible under the Subcontract, being discovered in the Subcontract Works or being discovered in other properly and caused by the Subcontract Works (in both cases which shall be determined by the Employer), the Subcontractor shall forthwith upon notice from the Employer and within such ime as the Employer may direc, effect remedial works tothe defective items of work. (end al other items of work and property affected direc or indirectly by the defective work ‘and by the said remedial work), and shall ensure thet such remedied works are fully compliant with the requirements of the Subcontract (or in the case of damage to other property, tothe standard the Employer may reasonably require). In the event that remedial works undertaken by the Subcontractor prove ineffective in retuming the defective lems of work to the required standard under the Contract as determined by the Employer (in its sole discretion) (or in the case of other property, to the standard reasonably required by the Employer), the Subcontractor shall effec: such adcilional works in such a ‘manner and within such time as the Employer may direct and shal carry out al tests as directed by the Employer until al the defects have been remedied to the standard required uncer the Contract 2s dotermined by the Employer (in its sole discretion), ‘Should the Subcontractor fall to perform its obligations under Clauses 2 and 3 above within the time cireoted by the Employer or in the absence of such direction, within @ reasonable period, the Employer shall be enti to remedy the defective work itself, or employ others to remedy the defective work, and the Subcontractor shall on demand reimburse the Employer al costs ‘and expenses incuired by the Employer for making good the defective work including a! legal ‘costs incurred by the Employer in enforcing this Clause.Marassi Al Bahrain Conditions OF Contracts ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 2) Tender Package 5. Further the Subcontractor indemnifies the Employer against any lability which the Employer ‘may have to any person whatsoever and against any claims, demands, proceedings, damages, costs and expenses sustained, incurred or payable by the Employer in respect of any defect, failure, error or inedequacy of design which the Subcontractor has cemtied out under or in connection with the Subcontract Works, 6. Allcosts and expenses arising out of the performance of the obligations under this Warranty shall be solely borne by the Subcontractor. 7. The giving of time or the neglect or forbearance of the Employer in requiring or enforcing its rights under this Warranty or by offering any other indulgence to the Subcontractor shall not in ‘any way prejudice or affect the obligations of the Subcontracior under this Warranty or the Subcontract. 8, This Werranty shall be freely assignable by the Employer lo eny other person (including legal persons) (hereinafter called “the Assignee") without the consent of the Subcontractor, and after such assignment, the Subcontractor shall perform aif of its obligations under this Werranty as if the Assignee had been the party to whom this Warranty was given instead of the Employer. 9, Any notice or demand required to be made shall be sufficiently given if sent by registered post to the registered office address of the Subcontractor or such address specified in waiting to the Empioyer by the Subcontractor and shall be deemed to be received at the time when it would have been delivered in tho ordinary course of post 10. The provisions of this Warranty shall be without prejucice to and shall not be deemed or construed 50 2s to limit or exclude any rights or remedies which the Employer may have against the Contractor or the Subcontractor whatsoever including under the Contractor at law. This Werranty shail be valid for the period of the date of this Collateral Warranty as stated above. snr: Cove) YORK calculated from IN WITNESS WHEREOF ‘The hands of the Subcontractor, the Contractor and the Employer has been hereunto set the day and year first above written: Signature of the Subcontractor: Company Stamp Name in Block Lettere: Inthe Capecty of —— Duly authorised to sign agreement for and on behaif of Witness Signature: Name in Block Letters: Occupation: - - Address: .C.APassport No.‘Marassi Al Behrain ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Signature of the Contractor: Name in Block Letters: c Inthe Capatity of: r Duly authotised to sign agreement for and on { behalf of: Witness Signature: Name in Block Letters: Occupation: r Address: |.C.Pesspott No. Signature ofthe Employer: Name in Block Letters: Inthe Capacity of: Duly authorised to sign agreement for and on behalf of Witness Signature: ‘Name in Block Letters: ‘Occupation: Address: |.C./Passpor No. Conditions Of Contracts: Company Stamp ‘(ame of Company in Block Letters) ‘Tender documents fMarassi Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package CONDITIONS OF CONTRACT APPENDIX E ‘SPECIMEN FORM OF CONTRACTOR WARRANTY EAGLEHILS DVAR COMPANY 1 ocr 2017 Issued fr TenderMarassi Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package SPECIMEN FORM OF CONTRACTOR WARRANTY FOR WORKS. ‘THIS WARRANTY is made the two thousand and, _ having its registered office at . In favour of (hereinafter called "the Employer’ which term shall include its assigns and successors in tte. WHEREAS project known as, at 1. The Employer is the developer of 2 _.. (hereinafter called "the Site") and has entered into & Contract with the Contractor dated the day of... 20, (hereinafter celled "the Contract’ for construction of the works forming the project (hereinafter called “the Works!) atthe Site (as further described in the Contract) 2. The Contractor has agreed to inderonify the Employer, in the manner hereinafter appeating, against any defects or deterioration in the workmanship, quality of Materials and Plant and water tightness in the Works. 3. lithe Contractor is responsible for eny design work under the Contract, then the Contrector hes, in ‘addition to its obligations as stated in the Contract, agreed to indemnity the Employer, in the menner hereinafter eppeating, against any detec, eure, ro or nedequany of such design EAGLE HIUS DIVAR COMPANY 2 ocr 2017 ese for Tender iMarasst Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments {Plot 1) Tender Package {consideration ofthe Employer entering the Contract with the Contractor and in fulfilment ofthe Contractor's obligation under the Contract to provide this warranty (hereinafter called "the Warranty’) the CONTRACTOR HEREBY AGREES with the Employer as follows: 1. The statements and representations in the recital hereinabove stated are true and accurate in all respects and this Warranty shall have full force and effect notwithstanding termination of the Contractor's employment under the Contract or any other limitation on the Contractors liability end/or responsibilty to perform its obligations contained in the Contract. 2. Inthe event of any: 2.1 dafects or deterioration in the workmanship, quality of Materials or Plant or watertightness; or 2.2 defects, failure, deterioration or inadequacy arising from the design work for which the Contractor is responsible under the Contract, being discovered in the Works or being discovered in other property and caused by the Works (in both cases which shall be determined by the Employer), the Contractor shall forthwith upon notice from the Employer and within such time as the Employer may direct (including complying with the Response and Resolution times stated in the Contract where applicable), effect remedial works to the defective items ‘of work (and all other items of work and property affected directly or indirectly by the defective work and by the said remedial work), and shell ensure that such remedied works are fully compliant with the requirements of the Contract. 3. _ Inthe event thet remedial works undertaken by the Contractor prove ineffective in returning the defective items of work to the required standard under the Contract as determined by the Employer (in its sole discretion)(or in the case of other property, to the standard reasonably required by the Employer), the Contractor shail effect such additional works in such a mannar and within such time as the Employer may direct and shall camry out all tests a8 directed by the Employer until all the defects have been remedied to the standard required under the Contract es determined by the Employer (in its sole discretion) 4. Should the Contractor fall to perform its obligations under Clauses 2 and 3 above within: 4.1 the relevant Response and Resolution times referred to in the Contract (where applicable); or 4.2 where the Response and Resolution times are not applicable, within the time directed by the Employer, or 4,3 inthe absence of such direction from the Employer, within 8 reasonable period, the Employer shall be entitled to remedy the defective work itsell, or employ others to remedy the defective work, and the Contractor shall on demand reimburse the Employer all costs and expenses incurred by the Employer for making good the defective work including all legal costs incurred by the Employer in enforcing this Clause. 5. Further the Contractor indemnifies the Employer against any liability which the Employer may have to ‘any person vihatzoever and against any claims, demands, proceedings, damages, costs and expenses, sustained, incurred or payable by the Employer in respect of ary defect, failure, eror or inadequacy of design which the Contractor hes carried out under or in connection with the Works, 6 All costs end expenses arising out of the performance of the obligations under this Warrenty shall be solely bome by the Contractor. EAGLE HILLS DVAR COMPANY a ocran7 Issued for TenderMarasst Al Bahrain Conditions of Contract Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package 7. The giving oftime orthe neglect or forbearance of the Employer in requiring or enforcing its rights under this Warranty or any ofits other rights under the Contract, shall notin any way prejudice or affect the ‘obligations of the Contractor under this Warranty or the Contract. ‘This Warranty shall be freely assignable by the Employer to any Affilate or to any other person including legal persons) (hereinafter called "the Assignee") without the consant of the Contractor, and after such assignment, the Contractor shall perform all of its obligetions under this Warranty as if the Assignee had been the party to whom this Warranty was given instead of the Employer. 9. Any notice or demand required to be made shall be sufficiently glvenif provided in accordance with the requirements for communications stated et Sub-Clause 1.3 [Communications], of the Contract. 10. The provisions of ths Werranty shall be without prejudice to end shall not be deemed or construed so 28 to limit or exclude any rights or remedies which the Employer may heve against the Contractor ‘whatsoever including under the Contract or et lew. 11. Capitalised terms not herein defined in this Werranty, shall have the meenings given to them under the Contract. ‘This Warranty shail be valid for the period of years calculated from the date that the Taking-Over Certiicate is issued for the Works (or the Works are completed in Sections, the date that the Taking-Over Certifcate for the last Section is issued) under the Contract. IN WITNESS WHEREOF The hends of the Contractor andl the Employer has been hereunto setthe day and year first above written Signature of the Contractor: Company Stamp Name in Block Letters: In the Capacity of: Duly authorised to sign agreement for and on behalf of: (Name of Company in Block Letters) Witness Signature: Name in Block Letters: ‘Occupation: Address: L.C./Passport No. Signeture of the Employer: Name in Block Letters: In the Capacity of: EAGLE HLS DIVAR COMPANY 4 caro‘Marassi Al Bahrain Conditions of Contract ‘Mall, Car Park, Vida Hotel & Vida Service Apartments (Plot 1) Tender Package Duly authorised to sign agreement for end on behalf of: (Name of Company in Block Letters) Witness Signature: Name in Block Letters: Occupation: ‘Address: LC Passport No. _ EAGLES DAR COMPANY 5 Issued for Tendar