Sunteți pe pagina 1din 110

Al Ain Wildlife Park and Resort

Al Ain, Abu Dhabi, UAE. TENDER DOCUMENT FOR DESIGN AND BUILD of

NORTH KENYA SAFARI


CONTRACT No. AWPR-T-10-0008-00

Al Ain Wildlife Park and Resort


Al Ain, Abu Dhabi, UAE. TENDER DOCUMENT FOR DESIGN AND BUILD of

NORTH KENYA SAFARI


CONTRACT No. AWPR-T-10-0008-00

VOLUME 1

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

Al Ain Wildlife Park and Resort


TENDER DOCUMENTS FOR DESIGN AND BUILD of

NORTH KENYA SAFARI


CONTRACT No. AWPR-T-10-0008-00

__________________________________________________________________

TABLE OF CONTENTS
VOLUME 1 Instructions to Tenderers, Letter of Tender and Conditions of Contract Part 1.1 - Instructions to Tenderers and Appendices Part 1.2 - Letter of Tender and Appendix to Tender Part 1.3 - General Conditions of Contract, Particular Conditions and Schedules VOLUME 2 Employers Requirements Part 2.1 - General Requirements Part 2.2 - Scope of Work, Site Plan and Limits of Work Part 2.3 - Technical Specifications Part 2.4 - Drawings Part 2.5 - Geotechnical and Soil Investigation Reports Part 2.6 - Supplementary Information VOLUME 3 Commercial Schedules Part 3.1 - Preambles, Bills of Quantities and Daywork Schedule

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

VOLUME 1

PART 1.1 INSTRUCTIONS TO TENDERERS AND APPENDICES

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

INSTRUCTIONS TO TENDERERS
1. TENDER DOCUMENTS The following instructions shall be carefully noted by intending Tenderers, as failure to comply with these instructions may lead to invalidation of the Tender. Furthermore, Tenderers shall note that these Instructions to Tenderers shall form part of the Contract Documents. The Tender Documents consist of: Volume 1 - Instructions to Tenderers, Letter of Tender and Conditions of Contract Part 1.1 Instructions to Tenderers and Appendices Part 1.2 Letter of Tender and Appendix to Tender Part 1.3 General Conditions of Contract, Particular Conditions and Schedules Volume 2 Employers Requirements Part 2.1 General Requirements Part 2.2 Scope of Work, Site Plan and Limits of Work Part 2.3 Technical Specifications Part 2.4 Drawings Part 2.5 - Geotechnical and Soil Investigation Reports Part 2.6 Supplementary Information Volume 3 Commercial Schedules Part 3.1 Preambles, Bills of Quantities and Daywork Schedule 2. DEFINITIONS AND INTERPRETATION

Terms used but not defined in these Instructions to Tenderers have the meaning given to those terms in the Contract. "Addendum" means the document(s) issued by the Employer to all Tenderers during the tendering period, that contains additional information or corrections made by the Employer to this Tender Document. "Employers Representative" means the person appointed by the Employer to represent himself during the period of Tender. "Form of Tender Bond" means the form of tender bond at Appendix A to this Instructions to Tenderers. "Tenderer" means the party so described in the Letter of Tender.
Instructions to Tenderers Page 1 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Tender Submittal Deadline means the date and time specified for submittal of Tender. 3. DESCRIPTION OF THE PROJECT

Al Ain Wildlife Park and Resort (AWPR) is a mixed use development on approximately 900 hectares. The completed project will consist of 5 World Desert experiences (zoos), five large Safari areas, Residential Villas, Hotels, Resort Villas, the iconic Sheikh Zayed Desert Learning Centre, commercial and retail areas in a mixed use development area, new Main Entrance, Staff Village for park employees, and extensive landscaping.

The North-Kenya Safari project as a part of the overall safaris, gives an opportunity to experience animals and habitats on macro scale, as it gives the visitors the chance to observe animals up close and from a distance which gives the gests intimate interaction and experiences with the animals sights, sounds and smells of the landscape.

Visitors will be gathered via safari group tours in special designed vehicles where the driver will identify animals and their characteristics.

The tour will stop at designated points giving the visitors the opportunity to take photos in addition to further interpretation. The safari will include the following scope components within an approximate plot area of 595,740 m2 and approximate building GFA of 2,495 m2. Animals will include: Common Eland; Egyptian Goose; Fringe-eared Oryx; Grevys Zebra; Kori Bustard; Nubian Giraffe; Hippos; Southern White Rhino; Thomsons Gazelle; African Lion.

Habitat Zones: Hippo Habitat; Lion Habitat; South Watering Hole;


Page 2 of 38

Instructions to Tenderers

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Watering Hole at the Resort Hotel (RHT).

Animal Management Facilities: 4. 4.1 Hippo Holding Building; Lion Holding Building; Rhino Holding Building; Giraffe Holding Building; Hoofstock Holding Building.

TENDERER'S OBLIGATIONS REGARDING INFORMATION Tenderer to inform itself fully

The Tenderer must: a) acquaint itself with all aspects of the Tender Documents (including all documents included or referred to in them); and satisfy himself as to risks, obligations and responsibilities to be undertaken in the Contract; b) examine all other relevant information available on reasonable enquiry that may, in any way, affect the scope of work, prices, risks or obligations of the Tenderer, should the Contract be awarded to him; c) visit and inspect the Sites and gain an understanding of the proposed Works including but not limited to: (i) (ii) (iii) (iv) (v) (vi) (vii) access to the Site, including changes to this access during the course of the Project; limitations of likely work areas at the Site, including interface with other works and contractors; relevant safety procedures; traffic and rail procedures; the effects and impacts of noise and dust produced during construction activities; Site Conditions and Site Data; all other conditions affecting or which may affect the execution, progress or cost of designing and executing the Works; d) e) inform and satisfy itself as to requirements of any relevant Authorities and Laws that do or may apply to the design and execution of the Works; and form its own assessment of the nature and extent of work required to design and carry out the Works and properly account for all work in its Tender.

Instructions to Tenderers

Page 3 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

4.2

Tenderer responsible

a)

The Tender Documents do not purport to contain all relevant information in relation to the Works and are provided solely on the basis that a Tenderer will be responsible for making its own assessment of the matters referred to in the Tender Documents.

b)

The Employer advises the Tenderer and the Tenderer agrees to verify all relevant representations, statements and information (including those contained or referred to in the Tender Documents or made orally during the course of any discussions with the Employer, its employees or agents). No person has been authorised to make any representation or warranty in connection with the Tender Documents and any such representation or warranty, if given or made, should not be relied on as having been authorised by the Employer.

4.3

No warranty on accuracy of reports

In particular, the Employer has relied on the reports prepared for it by various contractors, consultants and other parties. The Employer has not independently verified the information contained in those reports. The Employer and its directors, employees and agents do not make any representation or warranty (express or implied) as to the accuracy or completeness of the information provided to a Tenderer. 4.4 Tenderer to review risks

The Tenderer should review potential risks with its legal and financial advisers and make its own evaluation of its Tender submission. 4.5 Tenderer has no claim

By submitting a Tender the Tenderer acknowledges that it will have no claim against the Employer on the basis that its Tender was disadvantaged by lack of information, or inability to resolve ambiguities. 4.6. Details of other contracts at the Site

The existence of other contracts at the site is to be ascertained by the Tenderer at the time of Tender submission. However, the Tenderer is notified that other contractors within the Site executing works of various nature including Building Works will necessitate due consideration to establish careful coordination between the successful Tenderer and the said contractors to avoid any conflict in operations including accessibility which would cause harm to each others property, works and work programmes.
Instructions to Tenderers Page 4 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

5.

SITE INSPECTION

The Tenderer and any of his employees or agents will be granted permission by the Employer to enter upon the Site for the purpose of inspection in connection with the proposed Tender, but only on the condition that the Tenderer will release and indemnify the Employer and his servants and agents from and against all liability in respect of personal injury, loss of or damage to property and any other loss, damage, cost and expense however caused which, but for the exercise of such permission, would not have arisen. The Tenderer shall visit the Site and shall be responsible for obtaining all information regarding all existing and expected conditions and all matters which could affect the performance of the Tenderers in any way and especially the cost of performing the Works. Arrangements may be made for visiting the Site by contacting the Employers Representative.

Failure to investigate, study and evaluate the Site and surrounding areas fully shall not absolve the Tenderer from his responsibility for properly estimating the difficulties or costs of successfully performing the Services.

The submittal of a Tender will be considered evidence that Tenderer has inspected the Site and are aware of all the conditions which may affect the Work and its Tender, whether or not such conditions are referred to in the Tender.

All costs and charges in connection with the Site visit shall be borne by the Tenderer. 6. PRE-TENDER MEETING

A Pre-Tender Meeting will be held at a location and time which will be advised by the Employer. It is mandatory that Tenderers attend this Meeting. Any questions received during the Meeting will be responded in writing to all the Tenderers, in the form of a Tender Addendum.

No instruction, clarification or other information given verbally by the Employer and/or Employers Representative shall be binding or taken into account in preparing and evaluating Tenders unless and until such instruction; clarification or information is confirmed in writing by the Employers Representative to all Tenderers. In no case shall any procedure in connection with clarification and interpretation of Tender Documents give the right to Tenderers to claim an extension of the time set for submitting Tenders.

Instructions to Tenderers

Page 5 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

7.

DESIGN & BUILD FIXED PRICE LUMP SUM TENDER

The Tenderer should note that this tender is a design & build fixed lump sum tender and he is to include for all fluctuations which may occur in prices of labour, material, plant, currencies, taxes and other charges for the duration of the contract. Amendment to the contract price shall only be through variations instructed in writing by the Engineer and/or Employer or by adjustment to provisional sums. 8. INTERPRETATION OF TENDER DOCUMENTS/TENDER QUERIES

In case of any doubt as to the interpretation of the Tender Documents or any part thereof, or should there be any doubt or obscurity in the meaning of any of the Tender Documents, or should there be a requirement for further information or clarification, the Tenderer must send a written Tender Query to the Employer. The Tenderers may submit Tender Queries to the Employer up till 10 days prior to the Tender Submittal Deadline. Only Tenderers can submit Tender Queries. Third parties, e.g. subcontractors, suppliers, etc. should submit their Tender Queries (if any) through the respective Tenderer. Tender Queries must be submitted in writing to: Ms. Haleema Al Hammadi Chief Property Development Officer Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Tel: +971-3-7041200 Fax: +971-3-7610199

with a copy to: Mr. Yasser Zaher Manager Programme Control Systems Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Tel: +971-3-7041200 Fax: +971-3-7610199

Instructions to Tenderers

Page 6 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

9.

ADDENDA TO TENDER DOCUMENTS The Employer may, at any time up to 5 days before the Closing Date, issue Addenda to clarify the Tender Documents or to effect a modification to the Tender Documents. The Employer may issue every Addendum to other Tenderers and the Addenda will form part of the Tender Documents. The Tenderer must acknowledge receipt of all Addenda in his Letter of Tender.

10.

PROGRAMME AND METHOD STATEMENT

10.1

Submission of planned programme

a)

The Tenderer must submit its planned programme for designing and executing the Works. The Tenderer is required to make its own detailed assessment of the time, work methods and activities that will be required for the successful and timely completion of the Works, and must submit its Tender on the basis of an assurance that the Works can be completed by the Time for Completion of the Works or Sections identified in the Contract.

b)

The programme submitted by the Tenderer must be prepared in sufficient detail to enable the Employer to adequately evaluate the Tenderers planned execution, staging and allocation of resources for the Works.

c)

The programme submitted by the Tenderer must show the dates when the Time for Completion of the Sections identified in the Contract will be achieved. It must also include and/or be accompanied by: (i) a critical path analysis for the design and execution of the Works which must show clearly the float times available within the programme and the earliest start/earliest finish and latest start/latest finish times for each and every activity; (ii) an overall s-curve based on the programme to provide a meaningful measure of progress; (iii) (iv) a manpower resource histogram detailing each trade for the duration of the Works; a schedule of all submittals of No Objections Certificates ("NOCs"), building permits and other approvals and material procurement activities, including time for submittals, re-submittals and reviews and time for any fabrication and delivery of manufactured products.

Instructions to Tenderers

Page 7 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

10.2

Tender/Concept Specification

The Employers requirements included in the Volume 2 of this document are intended as design and performance requirements and to give guidance to tenderers on minimum standards & choices of materials & methods which are acceptable, but without limiting the tenderers freedom to design & specify the Works. The tenderer shall provide outline specifications which define the principal method, systems and components for the design that his tender is based upon. 10.3 Outline statement of proposed construction methods

The Tenderer shall submit a detailed method statement setting out how it proposes to stage and construct the Works. Method statement shall contain: how it proposes to stage and construct the Works including design; a description of how the Tenderer proposes it will obtain all requisite design and construction NOCs from the relevant Authorities prior to commencement of the Works onsite; a statement describing its methodology for coordinating with Authorities and complying with respective timescales for advance notification to enable Works to commence on site in accordance with the programme to be submitted by the Tenderer; 11. How it proposes to implement Traffic Management.

QUALITY AND OHS MANAGEMENT SYSTEM

The Tenderer must submit details of the Quality Management System, Occupational Health and Safety Management System and Environmental Management System for the carrying out of the Works which: a) b) is appropriate for the materials, fabrication, components, construction testing, commissioning and site maintenance activities; and must be specific to the Works.

If the Tenderer is selected as the preferred Tenderer, it will be required to further develop and complete the Quality Management System, Occupational Health and Safety Management System and Environmental Management System to a standard acceptable to the Engineer and for incorporation into the Contract as the Quality Management System, Occupational Health and Safety Management System and Environmental Management System.

Instructions to Tenderers

Page 8 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

12.

TENDER BOND

The Tenderer shall submit with his Tender a Tender Bond in the form of an unconditional and irrevocable bank guarantee from a bank approved by the Employer, in order that the Tender can be considered complete and responsive. The terms of the guarantee shall conform to the specimen set out in Appendix A to this Instructions to Tenderers. The amount of the Tender Bond shall be 5% of the price mentioned in the Letter of Tender.

Tenders submitted without the Tender Security will be rejected. The Tender Bond is to be valid for a period of 150 days from the Tender Submittal Deadline.

After the Contract has been awarded, the Tender Bond will be returned by the Employer to the unsuccessful Tenderers, provided that it has not been invoked. The successful Tenderer shall extend the validity of the Tender Bond until he provides the Performance Security in accordance with the Conditions of Contract, at which time the Tender Bond will be returned. The Employer will be entitled to cash the Tender Bond without any notice to the Tenderer, in the event that: a) The Tenderer withdraws its Tender during the validity of the Tender Bond and/or b) The Tenderer fails to provide a Performance Security, to the Employer, in accordance with the terms of the Contract between them, upon acceptance of the Tender. 13. VALIDITY OF TENDER

Tenders are valid for period of 120 days from the date of tender submission. 14. DOCUMENTS TO BE SUBMITTED

The following is a list of documents that are required to be completed and submitted, to form a complete and responsive Tender: 1) Financial Proposal a) b) c) Tender covering letter duly completed Letter of Tender Volume 1 of the Tender Documents, every page duly initialled by the person signing the Tender and stamped d) e)
Instructions to Tenderers

Volume 3 Commercial Schedules (priced and completed) Tenderers contractual and / or financial qualifications (if any)
Page 9 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

2)

Technical Proposal a) Volume 2 of the Tender Documents, every page duly initialled and stamped b) All Tender Addenda, every page duly initialled and stamped c) Copy of valid company registration / trade license in Emirates of Abu Dhabi (if JV, each partner shall provide the same) d) Tenderer information sheet (refer Appendix B of this Instructions to Tender for specimen form) e) Joint venture information sheet (if any - refer Appendix C of this Instructions to Tender for specimen form) f) Evidence of the authority of the signatory to sign on behalf of the Tenderer in the form of an authenticated resolution of the Board of Directors and a Power of Attorney of the capacity of the person signing the Tender g) Statement on Conflict of Interest as per Clause 23 h) Dispute Statement of Tenderer and partners (if any) as per Clause 24 i) j) Tenderers financial situation (refer Appendix D of this Instructions to Tender for specimen form) Tenderers financial resources (refer Appendix E of this Instructions to Tender for specimen form) k) Proposed Construction Program and cash flow statement l) Current Contract Commitments / Works in Progress (refer Appendix F of this Instructions to Tender for specimen form) m) Specific construction/design experience (refer Appendix G of this Instructions to Tender for specimen form) n) Name and particulars of each proposed suppliers and sub-contractors o) Name and particulars of each proposed designers and/or design subcontractors p) Confirmation statement on Site Visit (refer Appendix H of this Instructions to Tender for specimen form) q) Tenderers Method Statement including but not limited to the following: i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) xiv) Project Management, Design and Engineering methodology List of proposed Plant and Equipment (including number, type, capacity, etc.) Plant and Equipment Procurement Plan On and off site logistics plan Organization Chart (overall and for the project) List of key personnel with resumes for the project (resume shall be in the specimen format provided in Appendix I) Workers and Operatives recruitment / hiring plan Workers and operatives accommodation and transport plan Subcontracting plan Mobilization schedule Quality Control / Quality Assurance procedures Environment, Health and Safety Management Plan Design, construction and maintenance of road and hard standing (including retaining walls and rockwork)
Page 10 of 38

Instructions to Tenderers

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

xv) xvi) xvii) xviii) xix) xx) xxi) xxii) xxiii) r)

Design, procurement, planting and maintenance of soft landscaping works Design, construction and maintenance of Exhibits and Holding buildings Design, construction and maintenance of Irrigation network and other utilities Sustainability design methodology (to achieve Estidama Pearl 3 rating as the minimum requirement) Value engineering methodology Excavation, Trench support methodology Backfilling, Compaction and pipe laying methodology Coordination with utility providers and third parties Testing, Inspections and handing over of the work

Tenderers own drawings, specifications and schedules (if any)

s) Details of its proposed Architect of Record t) 3) Details on alternative proposals (if any)

Tender Bond Tender Bond as per Clause 12 hereto.

15.

ALTERNATIVE PROPOSALS AND/OR QUALIFICATIONS

Save for the additions that have to be made in the Bills of Quantities, no additions, omissions or alterations are to be made by the Tenderer to the Tender Documents, other than filling in all the blanks intended to be filled in, unless instructed to do so via an authorized Tender Addendum. If alterations are made, or if these instructions are not fully complied with or if an incomplete Tender is submitted, the Tender will be rejected. Alternative Tenders will be considered, however, receipt of a complete and responsive Tender is a pre-requisite for consideration of an Alternative Tender. Any Alternative Tender must include a comprehensive and precise description of the parts of the Tender Documents that have been altered. The Alternative Tender must include full details of contractual conditions, technical specifications, drawings and calculations, for the parts of the works that have been altered, in order to facilitate a proper technical and financial evaluation of the Alternative Tender. In addition, any alternative tender shall be submitted on a copy of the Form of Tender and shall be marked Alternative Tender A, Alternative Tender B, etc.

The Tenderer acknowledges and agrees that the Employer may, in its absolute discretion and without giving reasons, decline to consider or, after consideration, not accept any alternative proposal.

Instructions to Tenderers

Page 11 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

16.

SUBMISSION OF TENDERS

The Tender is to be prepared and submitted in the English language.

All Tenders shall be priced in UAE Dihrams. The Form of Tender and the Bill of Quantities shall be filled in ink. Any corrections to the Tender must be in ink and must be initialed. Erasing and / or white correction paint shall not be used for corrections. Tender shall be submitted in one original on paper, two copies on paper (the Hard Copies) and one copy on Compact Disc (the Soft Copy). The Form of Tender provided shall be completed in full and submitted with the Tender.

The original and paper copies shall be submitted in plastic lever arch files or with spiral binding. Any other form of hard binding shall not be used. The Tender shall comprise three separate parts each to be submitted in one original and copies as explained above, in separate sealed envelopes marked as follows:

Technical Proposal - Design and Build of North Kenya Safari (Contract No. AWPRT-10-0008-00)

Financial Proposal - Design and Build of North Kenya Safari (Contract No. AWPRT-10-0008-00)

Tender Bond - Design and Build of North Kenya Safari (Contract No. AWPR-T-100008-00)

The copies are to be photocopies of the original. The original is to be clearly marked Original Tender and the others marked Copy of Tender. In the event of a discrepancy between the original and a copy, the Original Tender shall take precedence.

The Soft Copy of the Financial Proposal shall contain the priced Bill of Quantities and its Breakdown of BOQ Unit Rates in Microsoft Excel. All pages of the Technical Proposal and the Financial Proposal are to bear Tenderers stamp and initials on every page. The Tenders shall be enclosed in sealed envelope(s) or box(es), as appropriate, which shall be clearly marked in English as;
Instructions to Tenderers Page 12 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Tender for: Design and Build of North Kenya Safari (Contract No. AWPR-T-10-0008-00) For the attention of: Ms. Haleema Al Hammadi Chief Property Development Officer Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Tel: +971-3-7041200 Fax: +971-3-7610199

The Tenders must be delivered to Mr. Yasser Zaher, Manager Programme Control Systems, Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE, who will provide an acknowledgement of receipt to the Tenderers.

The Tenders shall be submitted by the Tender Submittal Deadline of stated in the Invitation to Tender and may be submitted between the hours of 9.00am and 4.00pm on normal working days before the Tender Submittal Deadline.

The Envelopes / Boxes containing the Tender shall NOT have the Tenderers name / company logo or any other information showing the identity of the Tenderers affixed to the outside.

Requests for an extension of the time for the Tender Submittal Deadline are discouraged. However, should a Tenderer make such a request, it must be submitted in writing to: Ms. Haleema Al Hammadi Chief Property Development Officer Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Tel: +971-3-7041200 Fax: +971-3-7610199

Instructions to Tenderers

Page 13 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

with a copy to: Mr. Yasser Zaher Manager Programme Control Systems Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Tel: +971-3-7041200 Fax: +971-3-7610199 17. CORRECTION OR ADDITIONAL INFORMATION TO SUBMITTED TENDER

If a Tenderer wishes to submit a correction to its original tender or additional information following submission of its Tender, it must submit the correction or additional information before the Tender Submittal Deadline. 18. OPENING OF TENDERS AND INFORMATION CONCERNING TENDERS

A Tenderer (or its representatives) is not permitted to attend the opening of Tenders.

Any

documents submitted as part of a Tender will remain the property of the Employer for the purposes of evaluation as the Employer sees fit. Only the Tender Bond will be returned to the Tenderers at the end of tender process. 19. TENDER EVALUATION

Tenders that are incomplete or not substantially responsive will be rejected.

Tenders may be rejected, at the Employers discretion, as a result of any of the following:

Late delivery to the Employer; Incomplete or not substantially responsive submission; Deviations from these Instructions to Tenderers.

The evaluation criteria, to be used, as the basis of selecting the successful Tender, in no particular order of priority, are as follows: Time for Completion of the Works; Tender Price; Tenderers Method Statement; Written evidence of equipment availability, order and delivery; Technical competence;
Page 14 of 38

Instructions to Tenderers

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Contractual compliance.

If, during the evaluation of the Tender, an arithmetic error is found in a Tender, it will be dealt with, as follows: The particular quantity stated in the Bills of Quantities will be multiplied by the Tenderers relevant Unit Rate, to establish a total price for the particular item; This procedure will be used for all items with arithmetic errors; The total prices of all the particular items will be summated to establish the Price for particular Bills of Quantities; The total prices of all the Bills of Quantities will be summated to establish the Tender Price. Where the total of arithmetical errors is such that the price of Tender would have been increased, then the individual rates and prices shall be proportionally reduced such that the Contract Price of the awarded contract shall be the same as the price stated in the Letter of Tender. provided by the Employer. Such

proportional correction shall not apply to any Provisional Sums included in the Tender Documents

Where the total of arithmetical errors is such that the price of Tender would have been reduced, then the individual rates and prices shall each be corrected such that the Contract Price of the awarded contract shall be the same as the corrected and reduced price of Tender.

Where the price of Tender is computed by a Tenderer by making a lump sum adjustment to the summed total of the Bills of Quantities or to the summed total of a section of the Bills of Quantities, then the lump sum adjustment so made will be deemed to apply proportionally to the individual rates and prices throughout the Bills of Quantities, or throughout that section of the Bills of Quantities. Such proportional adjustment shall not be applied to any Provisional Sums given in the Tender Documents by the Employer. Such proportionally adjusted rates and prices shall be those rates and prices used later in the Contract to assess the value of variations to the Contract and for the valuation of measured work done for interim payments. Any adjustment, correction, clarification or amendment made by the Employer to a Tender shall be stated to the Tenderer prior to award of the Contract.

Instructions to Tenderers

Page 15 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

20.

ADDITIONAL INFORMATION AND CLARIFICATIONS FROM TENDERERS

The Employer may at any time during the tender validity period request additional information, clarifications and/or breakdown of prices from the Tenderer in respect of any aspect of the Tender submission and the Tenderer must provide that additional information within 7 days of the Employer's request. 21. SELECTION OF PREFERRED TENDERER

Following assessment of the Tenders, one or more Tenderers whose Tender(s) is/are considered to best meet the assessment criteria may be short listed for negotiations with the Employer. The Employer may, as appropriate, engage in clarification, discussions or negotiations with any Tenderer for the purpose of clarifying its Tender. The Employer may, in its absolute discretion, conduct simultaneous discussions to clarify or improve Tenders with more than one Tenderer. The preferred Tenderer(s) may be required by the Employer to make a formal presentation of limited duration as part of the assessment process. 22. ACCEPTANCE OF TENDERS

The Employer does not bind himself to accept the lowest or any Tender and will not state a reason for the acceptance or rejection of a Tender. The Employer shall notify the successful Tenderer in writing via a Letter of Acceptance. However, no payments will be remitted to the successful Tenderer unless the Performance Security pursuant to the Conditions of Contract is submitted and approved by the Employer. 23. COST OF TENDERS

The Employer is not responsible for any costs and expenses incurred by Tenderers in the preparation and submission of Tenders including, but not limited to, any Site investigations, attendance at meetings and providing any additional information required by the Employer, which may or may not lead to the execution of the Contract. All such costs will be borne entirely and exclusively by the Tenderers.

Instructions to Tenderers

Page 16 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

24.

CONFLICTS OF INTEREST

The Tenderer must declare in its Tender any actual or potential conflicts of interest which may arise in respect of the Project between: a) b) 25. the Tenderer and the Employer; and the Employer and any subcontractor (including consultants) proposed by the Tenderer.

DISPUTES STATEMENT

The Tenderer must submit with its Tender a statement providing details of any current contract dispute involving the Tenderer and any related entity of the Tenderer. The statement must

include details of any dispute which has been, or is reasonably likely to be, referred to formal dispute proceedings (mediation or arbitration) or is the subject of litigation in any local court or overseas. This information must be provided regardless of whether such action has been instigated by the Tenderer, a client or a subcontractor of the Tenderer. 26. CONFIDENTIALITY

26.1

Obligation to maintain confidentiality

a)

These Instructions to Tenderers, and all Tender Documents, information, drawings, Specifications, technical information and other material and information, whether written or otherwise, provided to a Tenderer (whether before or after the issue of these Instructions to Tenderers) in respect of the Tender Documents, the Works and the Project: (i) (ii) (iii) remains the property of the Employer; must not be used for any purpose other than the purpose of preparing a Tender; subject to clause 25.2, must not be disclosed to any party other than a party who is assisting the Tenderer in preparing its Tender (and the Tenderer shall ensure that party's adherence to this duty of confidentiality); (iv) must be immediately returned by any Tenderer, with a Form of Acknowledgment that notifies the Employer that Tenderer declines the Invitation for Tender in accordance with the Invitation to Tender letter; or (v) must be returned by any unsuccessful Tenderer to the Employer within 7 days of being notified by the Employer that the Tender was unsuccessful.

b)

The Tenderer undertakes to indemnify the Employer at all times against any damages, losses, liability, costs or expenses incurred by the Employer or for which the Employer becomes liable in respect of any breach by the Tenderer of this clause 25.

Instructions to Tenderers

Page 17 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

26.2

Disclosure

Information disclosed to a Tenderer by the Employer pursuant to these Instructions to Tenderers or in relation to the Tender Process may not be disclosed to any person except: a) b) with the consent of the Employer; if the information is, at the date of the Instructions to Tenderers, lawfully in the possession of the recipient of the information through sources other than the party who supplied the information; c) d) if required by Law; or if the information is generally and publicly available other than as a result of breach of confidence by the person receiving the information.

Instructions to Tenderers

Page 18 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX A FORM OF TENDER BOND

Instructions to Tenderers

Page 19 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

FORM OF TENDER BOND


[On the letterhead of the Bank] Date ______________ To: Ms. Haleema Al Hammadi Chief Property Development Officer Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE

Dear Sirs, Sub: Our Tender Bond No. [ ] for AED. [ ]

For Tender of Design and Build of North Kenya Safari (Contract No. AWPR-T-10-0008-00)

WHEREAS (a) [NAME OF TENDERER] (referred to hereinafter as the "Tenderer) proposes to submit to you a tender for the performance of DESIGN AND BUILD OF NORTH KENYA SAFARI for the AL AIN WILDLIFE PARK AND RESORT", in AL AIN - UAE (referred to hereinafter as the "TENDER") in accordance with your invitation for such TENDER, and (b) The Tenderer wishes to provide to you security for the due performance of his undertakings and obligations described in the Instructions to Tenderers issued. NOW WE UNDERTAKE AND GUARANTEE AS FOLLOWS

1. We, [BANK NAME] whose registered office in ABU DHABI - UAE is [...... registered office ........ ] hereby irrevocably and unconditionally undertake that if: 1.1 The Tenderer withdraws his Tender during the period of validity specified in the Letter of Tender, and/or 1.2 1.3 The Tenderer refuses to accept the correction of errors in his Tender in accordance with the method stated in the Instructions to Tenderers, and/or The Tenderer fails or refuses to furnish the details of his proposed insurances if required or to amend those where necessary to comply with the relevant Conditions of Contract, and/or 1.4 The Tenderer, having submitted his Tender, fails otherwise to comply with any term of the Instructions to Tenderers, and/or

Instructions to Tenderers

Page 20 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

1.5

The Tenderer having been notified of the acceptance of his Tender during the period of Tender validity, fails within the time stipulated in the instructions to Tenderers to furnish in an acceptable form the Performance Securities required under the Contract, forthwith upon our receiving a written demand made by you or on your behalf and authorised by you, we will, notwithstanding any objection which may be made by the Tenderer or otherwise, pay to you or as you may direct in [CURRENCY NAME] such an amount as you may in such demand require not exceeding (when Aggregated with any such amount(s) previously so paid) [..amount equal to five (5) per cent of the contract price tendered .... .. .] [AMOUNT].

2. This guarantee shall be valid with respect to any such written demand on us as is received by us not later than 150 days after the Tender Submission Deadline including any extension thereof. 3. Any payment by us hereunder shall be in immediately available and freely transferable [CURRENCY NAME] free and clear of and without 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. 4. Our obligations hereunder constitute direct, primary, irrevocable and unconditional obligations, shall not require any previous notice to or claim against the Tenderer, and shall not be discharged or otherwise prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the Tenderer, any amendment, modification or extension which may be made to the Instructions to Tenderers, any intermediate payment or other satisfaction made by us, any changes in the constitution or organisation of the Tenderer, or 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 writing. 5. When the period of validity of this guarantee has expired, this shall be returned to us for cancellation and we shall be released from any obligation hereunder, but subject to the following conditions: a) that the Employer and the Contractor have already selected an agreement and the Letter of Acceptance has been issued to the Contractor; and b) c) 6. that the Contractor has already submitted the Performance Security as stipulated in the Contract; or of the above conditions stated in (a) and (b) whichever is occurred later

The terms of this guarantee shall be governed by and construed in accordance with the laws of and applicable in ABU DHABI UAE.

Instructions to Tenderers

Page 21 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Yours faithfully, Duly authorised for and on behalf of

[BANK NAME] [ .... Authorised signatory.... ]


Name

[Authorised signatory]
Name

[..... the seal of the bank .......]

Instructions to Tenderers

Page 22 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX B TENDER INFORMATION SHEET

Instructions to Tenderers

Page 23 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form - 1: Tenderers Information Sheet


Tenderers Information

Tenderers legal name

In case of JV, legal name of each partner

Tenderers legal address in UAE Tenderers address for the purpose of the Sub-Clause 1.3 of the Conditions of Contract Tenderers authorized representative (name, address, telephone numbers, fax numbers, e-mail address) Attached are copies of the following original documents. Copy of valid company registration / trade license in Emirates of Abu Dhabi (in case of JV, each partner shall provide the same). In case of JV, letter of intent to form JV or JV agreement. In case of a government-owned entity, any additional documents not covered under 1 above.

Instructions to Tenderers

Page 24 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX C JV INFORMATION SHEET

Instructions to Tenderers

Page 25 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form - 2: JV Information Sheet


Each member of a JV must fill in this form
JV / Specialist Subcontractor Information Tenderers legal name JV Partners or Subcontractors legal name JV Partners or Subcontractors legal address in UAE JV Partners or Subcontractors authorized representative information (name, address, telephone numbers, fax numbers, e-mail address) Attached are copies of the following original documents. Copy of valid company registration / trade license in Emirates of Abu Dhabi. In case of a government-owned entity, any additional documents not covered under 1 above.

Instructions to Tenderers

Page 26 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX D FINANCIAL SITUATION

Instructions to Tenderers

Page 27 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form - 3: Financial Situation


Each Tenderer or member of a JV must fill in this form
Financial Data for Previous 3 Years [AED Equivalent] Year 1: Year 2: Year 3:

Information from Balance Sheet


Total Assets Total Liabilities Net Worth Current Assets Current Liabilities

Information from Income Statement


Total Revenues Profits Before Taxes Profits After Taxes Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last three years, as indicated above, complying with the following conditions. All such documents reflect the financial situation of the Tenderer or partner to a JV, and not sister or parent companies. Historic financial statements must be audited by a certified accountant. Historic financial statements must be complete, including all notes to the financial statements. Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted).

Instructions to Tenderers

Page 28 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX E FINANCIAL RESOURCES

Instructions to Tenderers

Page 29 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form 4: Financial Resources


Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands.

Financial Resources No. 1 2 3 Source of financing Amount (AED equivalent)

Instructions to Tenderers

Page 30 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX F CURRENT CONTRACT COMMITMENT/WORK IN PROGRESS

Instructions to Tenderers

Page 31 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form - 5: Current Contract Commitments / Works in Progress


Tenderer and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.

Current Contract Commitments Value of Outstanding Work [Current AED equivalent] Average monthly Estimated Invoicing over last Completion six months Date [AED/month]

Name of Contract

Employers contract address, Tel, Fax

1 2 3 4 5

Instructions to Tenderers

Page 32 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX G SPECIFIC CONSTRUCTION/DESIGN EXPERIENCE

Instructions to Tenderers

Page 33 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form 6: Specific Construction/Design Experience


Fill up one (1) form per contract.
Contract of Similar Size and Nature Contract No . . . . . . of . Contract Identification ..... Award Date Completion Date

Role in Contract

Contractor AED Percent of Total

Management Contractor

Subcontractor

Total Contract Amount If partner in a JV or subcontractor, specify participation of total contract amount Employers Name Address Telephone/Fax Number E-mail

Amount

Description of the similarity in accordance with Criteria provided

Instructions to Tenderers

Page 34 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX H STATEMENT OF SITE VISIT

Instructions to Tenderers

Page 35 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Form 7: Statement of Site Visit

Tender for Design and Build of North Kenya Safari (Contract No. AWPR-T-10-0008-00)

From: . ..(Insert Tenderers name and address)

To: Ms. Haleema Al Hammadi, Chief Property Development Officer, Al Ain Wildlife Park & Resort, Project Office, Al Ain Zoo, Al Ain, UAE.

We hereby confirm that we have visited the site and acquainted ourselves with the condition of the site and surrounding areas and that we have no queries or qualifications on any matter concerning the tender in connection with the prevailing site conditions.

Signed..

Duly authorized to sign for and on behalf of.

Full name of the company.

Date..

Instructions to Tenderers

Page 36 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX I FORMAT OF RESUME

Instructions to Tenderers

Page 37 of 38

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

RESUME OF PROPOSED PERSONNEL

Position Personal information Name Date of birth

Professional qualifications

Present employment

Name of employer

Address of employer

Telephone

Contact (manager / personal officer)

Fax

Email

Job title

Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.

From

To

Company / Project / Position / Relevant technical and management experience

Instructions to Tenderers

Page 38 of 38

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

VOLUME 1

PART 1.2 LETTER OF TENDER AND APPENDIX TO TENDER

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

LETTER OF TENDER
CONTRACT NO. AWPR-T-10-0008-00 DESIGN AND BUILD OF NORTH KENYA SAFARI

TO: Ms. Haleema Al Hammadi


Chief Property Development Officer Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 We have examined the Conditions of Contract, Employers Requirements, Schedules, Instructions to Tenderers, the attached Appendix and Addendums for the execution of the above-named Works. We have examined, understood and checked these documents and have ascertained that they contain no errors or other defects. We accordingly offer to design, execute and complete the Works and remedy any defects therein, in conformity with this Tender which includes all these documents and the enclosed Proposal, for the lump sum of AED (UAE Dirham) or such other sums as may be ascertained in accordance with the Conditions of Contract.

We acknowledge that we received and incorporated the following Addendums in our Tender. Tender Addendum No. Date of Addendum

We agree to abide by this Tender until One Hundred Twenty (120) days from Tender Submittal Deadline and it shall remain binding upon us and may be accepted at any time before that date. We acknowledge that the Appendix to Tender forms part of this Letter of Tender. If this offer is accepted, we will provide the specified Performance Security, commence the Works as soon as is reasonably practicable after the Commencement Date, and complete the Works in accordance with the above-named documents within the Time for Completion. We guarantee that the Works will then conform with the Employers Requirements.

Letter of Tender and Appendix to Tender

Page 1 of 5

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Unless and until a formal Agreement is prepared and executed this Letter of Tender, together with your written acceptance thereof, shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any tender you may receive and that you are not bound to give any reasons for non-acceptance of any tender you may receive.

Dated this .. day of ....in the year Signature in the capacity of duly authorised to sign tenders for and on behalf of .. Address .. ..

Witness .. Occupation . Address .. .. Tenderers address for the purpose of Sub-Clause 1.3 of Conditions of Contract. .. .. ..

Letter of Tender and Appendix to Tender

Page 2 of 5

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

APPENDIX TO TENDER
Employer (Sub-Clause 1.1.2.2) Zoo and Aquarium Public Institution in Al Ain P.O. Box 1204, Al Ain, United Arab Emirates (UAE) Contractor (Sub-Clause 1.1.2.3) Engineer (Sub-Clause 1.1.2.4) Time for Completion (Sub-Clause 1.1.3.3) Whole of the Works 484 days Sections (if any) Refer to Schedule of Sections TBA TBA

Defects Notification Periods (Sub-Clause 1.1.3.7)

365 days

Electronic transmission system (Sub-Clause 1.3) Address for Service of Notices and Communications (Sub-Clause 1.3)

Aconex Online (www.aconex.com)

Document

Management

System

Employer Attention: Ms. Haleema Al Hammadi, Chief Property Development Officer Address: Al Ain Wildlife Park & Resort Project Office, Al Ain Zoo, Al Ain, UAE P.O. Box 1204 Telephone Number: +971-3-7041200 Facsimile Number: +971-3-7610199

Letter of Tender and Appendix to Tender

Page 3 of 5

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Address for Service of Notices and Communications (Sub-Clause 1.3)

Engineer Attention: Address: TBA TBA

Telephone Number: TBA Facsimile Number: TBA

Contractor Attention: Address: TBA TBA

Telephone Number: TBA Facsimile Number: TBA

Governing Law (Sub-Clause 1.4) Ruling Language (Sub-Clause 1.4) Language for communication (Sub-Clause 1.4) Time for Access to the Site (Sub-Clause 2.1)

Emirates of Abu Dhabi and United Arab Emirates (UAE) English English Whole of the Works 14 days after commencement date

Amount of Performance Security (Sub-Clause 4.2) Period of notifying unforeseeable errors, faults and defects in the Employers Requirements (Sub-Clause 5.1) Normal working hours (Sub-Clause 6.5) Commencement Date (Sub-Clause 8.1) Delay Damages (Sub-Clause 8.7) Maximum Amount of Delay Damages (Sub-Clause 8.7)

10% of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable

14 days

From Saturday to Thursday 07.00 Hrs. to 18.00 Hrs. As advise through the Letter of Commencement

Refer to Schedule of Sections

10% of the Accepted Contract Amount

Letter of Tender and Appendix to Tender

Page 4 of 5

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Prolonged Suspension (Sub-Clause 8.11) Non-performance Damages (Sub-Clause 12.4) Percentage for adjustment for overhead charges and profit for Provisional Sums (Sub-Clause 13.5) Percentage of retention (Sub-Clause 14.3) Limit of Retention Money (SubClause 14.3) Minimum amount of Interim Payment Certificates (Sub-Clause 14.6) Relevant Percentage for each Section (Sub-Clause 14.9) Limit of liablity (Clause 17.6) Period for submission of evidence of insurance (Sub-Clause 18.1) Period for submission of relevant policies of insurance (Sub-Clause 18.1)

120 days

All reasonable cost incurred (or to be incurred) by the Employer for replacement, adjustments or modifications to the Work or such Section. 8%

10% No Limit Not applicable

Not applicable

The Contractors liability shall not exceed the 110% of the Accepted Contract Amount. 21 days

28 days

Letter of Tender and Appendix to Tender

Page 5 of 5

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

VOLUME 1

PART 1.3 GENERAL CONDITIONS OF CONTRACT, PARTICULAR CONDITIONS AND SCHEDULES

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

GENERAL CONDITIONS OF CONTRACT


As per

Conditions of Contract for PLANT and Design-Build


FOR ELECTRICAL AND MECHANICAL WORKS AND FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE CONTRACTOR First edition 1999 By International Federation of consulting Engineers (FIDIC)

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

PARTICULAR CONDITIONS

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

PARTICULAR CONDITIONS
Definitions and Interpretation
Definitions

1
1.1 1.1.1.1 Delete Sub-Clause 1.1.1.1 and Substitute: "Contract means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, the Appendix to Tender, the Particular Conditions, the General Conditions, the Employers Requirements, the Schedules, the Commercial Schedules, the Contractors Proposal, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance. 1.1.1.6 Delete Sub-Clause 1.1.1.6 and Substitute: Schedules means the document(s) entitled schedules included in the Contract. Such document may include data, lists and schedules of payments and/or prices. 1.1.1.10 Delete Sub-Clause 1.1.1.10 and Substitute: Schedule of Sections, Schedule of Payments", "Schedule of Insurance Requirements", Schedule of Key Personnel, "Schedule of Nominated Subcontractors", Schedule of Prequalified Subcontractors and "Schedule of Specimen Forms" mean the documents so named (if any) which are comprised in the Schedules. 1.1.1.11 Additional Sub-Clause 1.1.1.11: "Commercial Schedules means the document entitled commercial schedules, as included in the Contract, and any additions and modifications to such document in accordance with the Contract. Such document includes, pricing preambles, bills of quantities, daywork schedules and other pricing documents. 1.1.2.8 Delete Sub-Clause 1.1.2.8 and Substitute: "Subcontractor" means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor or supplier of Materials or Plant, including any Nominated Subcontractor, for a part of the Works, and the legal successors in title to each of these persons. 1.1.2.9 1.1.2.11 Delete Sub-Clause 1.1.2.9. Additional Sub-Clause 1.1.2.11: "Nominated Subcontractor(s)" has the meaning given to it at SubClause 4.5 [Nominated Subcontractors].

Particular Conditions

Page 1 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

1.1.2.12

Additional Sub-Clause 1.1.2.12: "Prequalified Subcontractors" mean the subcontractors listed in the Schedule of Prequalified Subcontractors to carryout item or Section of the Works. The Contractor shall subcontract the specified item or Section of the Works to one or more of the subcontractors included in the Schedule for relevant item or Section of the Works. All the provisions in this Contract for Subcontractors shall apply for these Prequalified Subcontractors. If the Contractor intends to subcontract these works to subcontractor other than the Prequalified Subcontractor, the Contractor shall obtain prior approval from the Employer. The Contractor shall produce a duly completed prequalification questionnaire in the form included in the Schedule of Specimen Forms to obtain the Employers approval.

1.1.2.13

Additional Sub-Clause 1.1.2.13: "Key Personnel" mean the persons named in nominated positions included in the Schedule of Key Personnel.

1.1.5.6

Delete following wordings in Sub-Clause 1.1.5.6: Appendix to Tender and Substitute: Schedule of Sections

1.1.6.5

Delete following wordings in Sub-Clause 1.1.6.5: national (or State) and Substitute: UAE and Abu Dhabi

Interpretation

1.2

Delete Sub-Clause 1.2 and Substitute: In the Contract, except where the context requires otherwise: (a) words indicating one gender include all genders; (b) words indicating the singular also include the plural and words indicating the plural also include the singular; (c) references to the word "including" means including, but not limited to; (d) if a period of time is specified and dates from a given day or the day of an actual event, is to be calculated exclusive of that day; (e) provisions including the word "agree", "agreed" or "agreement"

Particular Conditions

Page 2 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

require the agreement to be recorded in writing; (f) "written" or "in writing" means hand-written, type-written, printed or electronically made, and resulting in a permanent record; and (g) a reference to any Laws or legislative provision includes any statutory modification or re-enactment, or legislation. The marginal words and other headings shall not be taken into consideration in the interpretation of these General Conditions. Where references are made in the Contract to codes and standards or any Law in accordance with which the Works are to be executed, the edition or the revised version of such codes and standards or any Law current at the date of the Contract Agreement applies, unless otherwise specified. In these Conditions, provisions including the expression "Cost plus reasonable profit" require this profit to be one-twentieth (5%) of this Cost. Communication 1.3 At the end of Sub-Clause 1.3, Insert: A notice, approval, consent or other communication takes effect from the time it is received unless a later time is specified in it. A delivery, letter or facsimile is deemed to be received: (a) in the case of a delivery to the relevant address when delivered to the relevant address (against a written receipt); (b) in the case of a posted letter, on the seventh day after posting (fourteenth in the case of a letter sent by airmail) or when delivered to the relevant address, whichever is earlier; and (c) in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient. Any notice or other communication will not be deemed to have been given or made under the Contract, if it is in the form of email or minutes of any meetings. Priority of Documents 1.5 Delete Sub-Clause 1.5 and Substitute: The documents forming the Contract are to be taken as mutually explanatory of one another and must be read as a whole. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence: (a) the Contract Agreement; (b) the Letter of Acceptance (c) the Letter of Tender (d) the Appendix to Tender;

Particular Conditions

Page 3 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

(e) the Particular Conditions; (f) the Schedules; (g) the General Conditions;

(h) the Employers Requirements; (i) the Commercial Schedules; and

(j) the Contractors Proposal and any other documents forming part of the Contract. If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction and the Contractor shall implement such clarification or instruction with due expedition and without delay. Contract Agreement 1.6 Delete following wordings in Sub-Clause 1.6: annexed to the Particular Conditions and Substitute: included in the Schedule of Specimen Forms At the end of Sub-Clause 1.6, Insert: Unless and until a formal Agreement is prepared and executed the Letter of Tender, together with Employer's written acceptance thereof, shall constitute a binding contract between the Contractor and the Employer. Assignment 1.7 Delete Sub-Clause 1.7 and Substitute: The Employer may, in its absolute discretion and at a date to be determined by the Employer, assign, transfer and/or charge the benefit to the Employer of this Contact and/or any of its present or future rights, interests and/or benefits hereunder to any other person upon giving written notice thereof to the Contractor. The Contractor shall not be entitled, without the prior written consent of the Employer, to assign to any third party its interest under the Contract or any right or benefit, arising under the Contract.

Particular Conditions

Page 4 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Contractor's Use of Employer's Documents

1.11

Delete Sub-Clause 1.11 and Substitute: The Employer shall retain the Intellectual Property Rights in the Contract Documents including the Employer's Requirements and all other documents made by (or on behalf of) the Employer. Subject to Sub-Clause 1.12 [Confidential Details], the Contractor may, at its cost, copy, use, and obtain communication of these documents for the sole and exclusive purpose of performing its obligations under the Contract. Upon the completion of the Works or the Termination of the Contract, whichever occurs first, the Contractor must immediately deliver to the Employer all copies of the Contract Documents, prepared by or on behalf of the Employer, which are in the Contractor's possession, including its Subcontractors and personnel.

Confidential Details

1.12

At the end of Sub-Clause 1.12, Insert: Subject to the provisions in this Sub-Clause, the Contractor shall keep confidential and shall not, without the written consent of the Employer, disclose to any third party the terms and conditions of the Contract, or any documents or other information furnished directly or indirectly by either Party in connection with the Contract or the Works, irrespective of whether such information has been furnished prior to the making of the Contract or at any time (including following termination of the Contract). In addition, the Contractor shall not (without the prior written consent of the Employer) take, or authorise the taking of, any photograph of the Works or the Site for use in any publicity or advertising. Either Party shall be entitled to disclose the terms and conditions of the Contract and any documents and other information acquired by it under or pursuant to the Contract without the prior written consent of the other Party if such disclosure is made in good faith and required to perform its obligation under this contract: (a) to the extent required by applicable Laws; (b) to any insurer under a policy of insurance issued pursuant to the Contract; (c) to its directors, employees and officers; (d) to any Subcontractor, for the furtherance of the performance of that Party's obligations under the Contract; or (e) to outside consultants or advisers engaged by or on behalf of the disclosing Party and acting in that capacity in connection with the Works (including insurance, tax and legal advisers). The obligations of a Party under this Sub-Clause shall not apply to information and documents which: (A) now or in the future have entered the public domain through no fault of that Party; or (B) otherwise lawfully become available to that Party from a third party under no obligation of confidentiality. This Sub-Clause survives the completion, expiry or termination of the Contract.

Particular Conditions

Page 5 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Compliance with Laws

1.13

At the end of Sub-Clause 1.13, Insert: Not withstanding to the provisions in the sub-paragraph (a) of this SubClause, the Contractor shall provide all assistance required to obtain permissions, which are to be obtained by the Employer, at the Contractors cost.

Warranties as to Capacity

1.15

Additional Sub-Clause 1.15: The Contractor warrants that: (a) it has the power to execute, deliver and perform its obligations under the Contract and all necessary corporate and other action has been taken to authorise that execution, delivery and performance; (b) it has obtained from all relevant Authorities all licenses, permissions and consents required in order for it to execute the Works and to perform all of its obligations under the Contract; and (c) it has the facilities, information technology, capability, experience, management expertise, financial resources, equipment, staff and other facilities necessarily required to execute the Works in a competent and expeditious manner.

The Employer
Employer's Financial Arrangements

2
2.4 Delete Sub-Clause 2.4.

The Engineer
Engineer's Duties and Authority

3
3.1 Delete 3rd paragraph of Sub-Clause 3.1 and Substitute: The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. The Engineer shall not, without the prior written consent of the Employer, give any instruction to the Contractor which would vary the project or increase the cost or increase the time taken to complete the project. Delete 4th paragraph of Sub-Clause 3.1.

Delegation by the Engineer

3.2

At the end of Sub-Clause 3.2, Insert: Delegation/revocation by the Engineer should be effected only with the approval of the Employer.

Instructions of the Engineer

3.3

Delete the last paragraph of Sub-Clause 3.3 and Substitute: The Contractor shall comply with the instructions given by the Engineer or delegated assistant, on any matter related to the Contract. Whenever practicable, their instructions shall be given in writing. If the Engineer or a delegated assistant: (a) gives an oral instruction, (b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within two working days after giving the instruction, and

Particular Conditions

Page 6 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

(c) does not reply by issuing a written rejection and/or instruction within seven working days after receiving the confirmation, then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as the case may be). Replacement of the Engineer 3.4 Delete Sub-Clause 3.4 and Substitute: The Employer may replace the Engineer whenever required with intimation to the Contractor informing the effective date. The employer shall take reasonable steps to ensure that the Contractors work is unaffected due to the change process.

The Contractor
Performance Security

4
4.2 Delete last sentence of 2 Substitute:
nd

paragraph of Sub-Clause 4.2 and

The Performance Security shall be issued by in the form of a bank guarantee from a bank within the Country approved by the Employer, and shall be in the form included in the Schedule of Specimen Forms or in another form approved by the Employer. Subcontractors 4.4 Delete 1st paragraph of Sub-Clause 4.4 and Substitute: The Contractor shall not subcontract more than fifty percent (50%) of the Contract in terms of value, without the prior consent and approval of the Employer. At the end of Sub-Clause 4.4, Insert: (d) each subcontract shall include provisions which would entitle the Employer to require the subcontract to be assigned to the Employer under Sub-Clause 4.25 [Assignment of Benefit of Subcontract] (if or when applicable) or in the event of termination under Sub-Clause 15.2 [Termination by Employer]. For the purposes of obtaining the Engineers prior written consent, the Contractor shall give the Engineer detailed particulars of any proposed Subcontractor, which shall include: (i) the relevant experience of the proposed Subcontractor; (ii) the proposed terms and conditions of the subcontract; and (iii) financial or other information that the Engineer may require to satisfy itself that the proposed Subcontractor is an appropriate entity to execute the relevant part of the Works. If the Employer and/or the Engineer becomes aware that a Subcontractor is entitled to suspend work under a subcontract or terminate a subcontract due to the Contractor's failure to make payment in accordance with the terms of the subcontract, and the Engineer gives the Contractor written notice 7 days before it intends to pay, the Employer may, in its absolute discretion, pay that Subcontractor such money that the Employer determines is, or may be, owing to the Subcontractor for subcontract work forming part of the Works and, the Employer may recover any such amount paid as a debt due from the Contractor to the Employer.

Particular Conditions

Page 7 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

The Contractor indemnifies the Employer against any Costs, suffered or incurred by the Employer arising out of a failure by the Contractor to make payment in accordance with any subcontract. Nominated Subcontractors 4.5 Delete Sub-Clause 4.5 and Substitute: In the Contract, "nominated Subcontractor" means a Subcontractor: (A) who is stated in the Schedule of Nominated Subcontractors, or (B) whom the Engineer, under Clause 13 [Variations and Adjustments], instructs the Contractor to employ as a Subcontractor. The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Engineer as soon as practicable, with supporting particulars. An objection shall be deemed reasonable if it arises from (among other things) any of the following matters, unless the Employer agrees to indemnify the Contractor against and from the consequences of the matter: (a) there are reasons to believe that the Subcontractor does not have sufficient competence, resources or financial strength; (b) the subcontract does not specify that the nominated Subcontractor shall indemnify the Contractor against and from any negligence or misuse of Goods by the nominated Subcontractor, his agents and employees; or (c) the subcontract does not specify that, for the subcontracted work (including design, if any), the nominated Subcontractor shall: (i) undertake to the Contractor such obligations and liabilities as will enable the Contractor to discharge his obligations and liabilities under the Contract, and (ii) indemnify the Contractor against and from all obligations and liabilities arising under or in connection with the Contract and from the consequences of any failure by the Subcontractor to perform these obligations or to fulfil these liabilities. The Contractor shall pay to the nominated Subcontractor the amounts which the Engineer certifies to be due in accordance with the subcontract. These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph (b) of Sub-Clause 13.5 [Provisional Sums]. Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Certificates, less applicable deductions for retention or otherwise. Unless the Contractor submits this reasonable evidence to the Engineer or satisfies the Engineer in writing that the Contractor is reasonably entitled to withhold these amounts, then the Employer may (at his sole discretion) pay, direct to the nominated Subcontractor, part or all of such amounts previously certified (less applicable deductions)

Particular Conditions

Page 8 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

as are due to the nominated Subcontractor and for which the Contractor has failed to submit the evidence. The Contractor shall then repay, to the Employer, the amount which the nominated Subcontractor was directly paid by the Employer. Setting Out 4.7 At the end of 1 paragraph of Sub-Clause 4.7, Insert: When setting out any part of the Works, the Contractor shall give the Engineer a sufficient notice (not less than 24 hours) to enable the Engineer to check the setting out before the Contractor commences construction of the part concerned. Safety Procedures 4.8 Delete following wordings in Sub-Clause 4.8 The Contractor shall: and Substitute: The Contractor shall throughout the execution of the Works and the remedying of any defects: Delete Sub-Clause 4.8(d) and Substitute: (d) provide fencing, lighting, guarding and watching of the Works until completion and taking over under Clause 10 [Employers Taking Over], provided that such actions do not in any way obstruct the legitimate activities of any authority or of the public, and At the end of Sub-Clause 4.8, Insert: The Contractor is prohibited from execution of any activity using explosives, unless otherwise approved by the Employer and relevant authorities. Rights of Way and Facilities 4.13 At the end of Sub-Clause 4.13, Insert: If the Contractor fails to provide or maintain the diversions for roads and services according to the Contract after written notification by the Employer, then the Employer shall be entitled to employ and pay other persons to carry out the required works and all reasonable Costs consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer or may be deducted by the Employer from any monies due or which may become due to the Contractor. The payment or deduction of such delay damages shall not relieve the Contractor from his obligations to complete the Works or from any of its other, warranties, obligations or liabilities under or in connection with the Contract. Avoidance of Interference 4.14 At the end of Sub-Clause 4.14, Insert: The Contractor shall acquaint himself with the locations of all existing services including drains, communication lines, electricity lines and poles, water mains and lines, and the like, in the vicinity before any excavation or other work, which are likely to affect the existing services, is commenced. The Contractor shall relocate any existing services which obstruct their work in accordance with the relevant authority. In the case of any
Particular Conditions Page 9 of 23
st

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

accidental damages being caused to existing services due to his operations, he shall promptly bring it to the notice of the Engineer and to the relevant authority. The Contractor shall be liable for all such damage (including consequential damage).

Progress Reports

4.21

At the end of Sub-Clause 4.21, Insert: (i) any other matters as may be set out in the Contract or other information reasonably required by the Engineer or the Employer from time to time.

Security of the Site

4.22

At the end of Sub-Clause 4.22, Insert: The Contractor shall set up and provide a site wide security system for the Site to the reasonable satisfaction of the Employer. The site wide security system shall include, but not be limited to, the following: (a) maintain the security system throughout the Contract duration; (b) be responsible at all times for security of the storage compound and laydown areas, and for all Contractor plant, material, equipment, and tools, as well as, for those belonging to the Employer and the Engineer; (c) provide the Engineer with a list of 24-hour emergency phone numbers; (d) restrict entry of unauthorized personnel, including those lacking identification documents, and vehicles in to the Site; (e) maintain copies of vehicle insurance cards or other proof of insurance for vehicles permitted on-site; (f) require vehicle passes when vehicles are on-site; (g) maintain an employee/visitor log, and make the log available to the Engineer on request; (h) provide jobsite security orientation training to all affected employees including subcontractor employees; and (g) implement security badge system approved for the site by the Engineer.

Contractor's Operations on Site

4.23

At the end of first paragraph of Sub-Clause 4.23, Insert: The Contractor shall not use any part of the Site for any purpose not connected with the execution of the Works without the prior written approval of the Employer. The Contractor shall not destroy, damage or pull down any tree, hedge, wall or building outside the area occupied by the Permanent Works but within the Site without the prior written consent of the Employer unless specifically stated otherwise in the Contract.

Particular Conditions

Page 10 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Fossils

4.24

At the second line of the first paragraph of Sub-Clause 4.24 after "...Site shall be placed", Insert: by the Contractor;

Assignment of Benefit of Subcontract

4.25

Additional Sub-Clause 4.25: If a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Notification Period and the Engineer, prior to this date, instructs the Contractor to assign the benefit of such obligations to the Employer, then the Contractor shall do so. Unless otherwise stated in the assignment, the Contractor shall have no liability to the Employer for the work carried out by the Subcontractor after the assignment takes effect.

Assignment and Novation of Manufacturer's Warranties

4.26

Additional Sub-Clause 4.26: The Contractor shall procure that any warranty, express or implied, with respect to any Plant or Materials used in the construction of the Works made or given by the manufacturer, any Subcontractor or supplier thereof, or any other seller thereof, will be made in favour of the Employer or will be assigned or otherwise made available to the Employer or such entity that the Employer nominates. The Contractor must ensure that all warranties referred to in this SubClause given by the manufacturer or supplier thereof, or any other seller thereof, will be capable of novation from the Employer to any entity to be nominated by the Employer. To the extent that the warranties cannot be made in favour of the Employer, assigned or otherwise made available to the Employer, the Contractor agrees (at its cost) to use its best endeavours to enforce such rights as the Contractor may have, for the benefit of the Employer. The Works shall not be considered to be completed for the purposes of being Taken-Over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until the Employer has received such warranties and confirmation that the warranties are capable of novation from the Employer to any entity to be nominated by the Employer.

Signages

4.27

Additional Sub-Clause 4.27: The Employer shall have the right to display their logo / sign board, etc. on the plant and machinery used by the Contractor as per design guideline of the Employer. The rules for the display of any other logo / signboard shall be as directed by the Employer.

Design
Contractor's Documents

5
5.2 Delete Sub-Clause 5.2 (a) (iii) and Sub-Clause 5.2 (b).

Particular Conditions

Page 11 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Staff and Labour


Working Hours

6
6.5 At the end of Sub-Clause 6.5, Insert: Unless otherwise stated in the Contract or agreed by the Parties, in the event that the Employer's Personnel are required to supervise the Contractor's operations outside the normal working hours, or on locally recognised days of rest, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine the Costs of such additional supervision by the Employer's Personnel. The Employer shall be entitled deduct such Costs from monies due to the Contractor.

Facilities for Staff and Labour

6.6

At the end of 1 paragraph of Sub-Clause 6.6, Insert: All the facilities shall be provided as per the applicable laws of the site country and not less than industry standard. Delete following wordings in 2
nd

st

paragraph of Sub-Clause 6.6:

structures forming part of the Permanent Works. and Substitute: Site unless otherwise approved by the Employer. At the end of Sub-Clause 6.6, Insert: The Contractor must provide the Employer with reasonable access to the Contractors records and facilities, both on and off the Site, to enable the Employer to assess the Contractor's compliance with this Clause 6 [Staff and Labour]. Contractor's Personnel 6.9 At the end of Sub-Clause 6.9, Insert: The Contractor shall ensure that the Key Personnel execute the Works required of their nominated positions and are not removed from those positions without the prior written approval of the Engineer. If it is necessary to replace any of the Key Personnel (whether as a result of illness, the application of this Sub-Clause or otherwise), the Contractor shall arrange for a replacement by a substitute person approved by the Engineer to execute the Works required of the replaced person's nominated position. If there is a position listed in the Schedule of Key Personnel but no person is named in that particular role then the Contractor shall obtain the Engineer's approval (such approval not to be unreasonably withheld) before appointing a person to fill that particular role.

Particular Conditions

Page 12 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Plant, Materials and Workmanship


Inspection

7.3

At the end of 2

nd

paragraph of Sub-Clause 7.3, Insert:

If any inspection is required to be carried out at a location outside the Country, all facilities including transportation, accommodation and subsistence for the Employers Personnel shall be at the Contractors cost. Testing 7.4 Delete last sentence of 4 paragraph of Sub-Clause 7.4. Delete last sentence of 7th paragraph of Sub-Clause 7.4. Rejection 7.5 At the end of Sub-Clause 7.5, Insert: The Employer may instruct the Contractor to open up for inspection and retest part of the Works which have been covered up, to determine if such part of the Works is defective or otherwise not in accordance with the Contract. If such parts of the Works are defective or otherwise not in accordance with the Contract, the costs of such opening up (together with the costs of promptly making good the defects) shall be borne by the Contractor. Import Duty Concessions 7.9 Additional Sub-Clause 7.9: The Contractor may be provided with import duty concession facilities for Plants and Materials imported for the Works through any port in Abu Dhabi, in accordance with rules and regulations of government of Abu Dhabi.
th

Commencement, Delays and Suspension


Commencement of Works

8.1

Delete following wordings in Sub-Clause 8.1: Particular Conditions and Substitute: Appendix to Tender

Programme

8.3

At the end of Sub-Clause 8.3, Insert: The Contractor shall produce such revised programme to the Engineer within 7 days of being requested to do so by the Engineer. Any amended or revised programme submitted by the Contractor under this Sub-Clause will not affect or replace the Programme unless expressly agreed to by the Employer in writing. The submission to and consent by the Engineer of any amended or revised programme or any other document or revision thereof under this Sub-Clause shall not in any way relieve the Contractor of any of its warranties, obligations or liabilities under or in connection with the Contract.

Particular Conditions

Page 13 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Extension of Time for Completion

8.4

Delete Sub-Clause 8.4 (d). At the beginning of Sub-Clause 8.4 (e), Insert: subject to Sub-Clause 4.6 [Co-operation],

Delays Caused by Authorities

8.5

At the end of Sub-Clause 8.5, Insert: Notwithstanding any other provision of the Contract, in the event of the circumstances set out above arising, the Contractor shall not be entitled to any increase to the Contract Price.

Rate of Progress

8.6

At the end of Sub-Clause 8.6, Insert: The Engineer may direct the Contractor's Representative to expedite the progress of the Works, by increasing the working hours and/or number of Contractors Personnel and/or Goods for any reason including as an alternative to granting an extension of time to the Time for Completion. If the Contractor incurs Cost in complying with any direction under this Sub-Clause, except where the direction was issued as a consequence of the failure of the Contractor to fulfil its obligations under the Contract, the Contractor shall give a notice to the Engineer and shall be entitled, subject to Sub-Clause 20.1 [Contractor's Claims], to payment of any such Cost, which shall be added to the Contract Price as a Variation in accordance with Clause 13 [Variations and Adjustments].

Suspension of Work

8.8

At the end of Sub-Clause 8.8, Insert: During any period of suspension, the Contractor shall not remove from the Site any Materials, Plant or any Contractor's Equipment without the prior written consent of the Employer.

Prolonged Suspension

8.11

Delete following wordings in Sub-Clause 8.11: 84 days and Substitute: the days stated in the Appendix to Tender

Resumption of Work

8.12

At the end of Sub-Clause 8.12, Insert: If the cause of the suspension is attributable to or the responsibility of the Contractor, the Contractor shall bear the cost of making good.

Employer's Taking Over


Taking Over of Parts of the Works

10
10.2 At the end of Sub-Clause 10.2, Insert: Notwithstanding any other provision of the Contract, where for reasons attributable to the acts or omissions of the Contractor, the Employer in its absolute discretion elects to issue a Taking-Over Certificate or otherwise uses any part of the Site, prior to the Time for Completion in accordance with this Sub-Clause, other provisions in this Sub-Clause shall not apply and the daily rate of Delay Damages due and payable by the Contractor under Sub-Clause 8.7 [Delay Damages] shall not be reduced.

Particular Conditions

Page 14 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Interference with Tests on Completion

10.3

Delete 1st and 2nd paragraphs of Sub-Clause 10.3. Delete following wordings in 3rd paragraph of Sub-Clause 10.3: this delay in carrying out the Tests on Completion, and Substitute: a delay in carrying out the Tests on Completion for which the Employer is responsible,

Defects Liability
Extension of Defects Notification Period Right of Access

11
11.3 Delete 2nd paragraph of Sub-Clause 11.3.

11.7

Delete Sub-Clause 11.7 and Substitute: Until the Performance Certificate has been issued, the Contractor shall, with the Employer's prior written approval, have limited right of access to the Works and to records of the operation and performance of the Works, as is reasonably required in order for the Contractor to comply with this Clause 11 [Defects Liability], except as may be inconsistent with the Employer's reasonable security restrictions, or agreements with third parties such as purchasers and other contractors.

Tests after Completion


Failure to Pass Tests after Completion

12
12.4 Delete following wordings in Sub-Clause 12.4(b): Contract and Substitute: Appendix to Tender Delete 4th and 5th paragraphs of Sub-Clause 12.4.

Variations and Adjustments


Right to Vary

13
13.1 At the beginning of first paragraph of Sub-Clause 13.1, Insert: Subject to the provisions of Clause 3.1, Delete following wordings in last sentence of 1st paragraph of Sub-Clause 13.1: shall not and Substitute: may

Particular Conditions

Page 15 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Value Engineering

At the end of Sub-Clause 13.2, Insert: The Employer may instruct the Contractor to attend and contribute to or submit written proposals for Value Engineering to cause the Works depicted therein to fall within the budgeted amount allocated in the Maximum Budget Price (or within the Provisional Amount as to a Provisional Item). The Contractor shall promptly comply with all such instructions at no cost to the Employer. Value Engineering proposals initiated by the Contractor shall be subject to the Engineer's approval and will only be accepted on the premise that there will be no time or cost effect whatsoever to be borne by the Employer regarding this contract or any other contract signed or to be signed by the Employer. The cost and time of any design effort, supplementary drawings, and specifications resulting directly or indirectly from value engineering proposals accepted by the Employer shall be borne by the contractor.

Variation Procedure

13.3

At the end of Sub-Clause 13.3, Insert: When determining the adjustment to the Contract Price, the Engineer may, insofar as applicable: (A) use appropriate rates or prices specified within the Commercial Schedules for such item of work in the Contract; or (B) if there is no such item, use rates or prices specified within the Commercial Schedules for similar item of work, and (C) apply measurement agreed or determined in accordance with SubClause 21.1 [Works to be Measured] and 21.2 [Method of Measurement] If a Variation comprises the omission of any work, the Contractor shall not be entitled to compensation for any loss of profit arising from these omissions.

Daywork

13.6

Delete the first paragraph of Sub-Clause 13.6 and Substitute: For work of a minor or incidental nature, the Engineer may instruct that a Variation shall be executed on a daywork basis. The work shall then be valued in accordance with the daywork schedule included under the Commercial Schedules of the Contract or as otherwise agreed in writing between the Parties, and the following procedure shall apply.

Adjustments for Changes in Cost

13.8

Delete Sub-Clause 13.8 and Substitute: The Contract Price shall not be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works. For the avoidance of doubt, if the Contractor is entitled to payment of any Cost to be included in the Contract Price under a Sub-Clause of these Conditions (other than in the event of any Variation or a suspension which is not attributable to or the responsibility of the Contractor) then the Engineer shall determine such Cost, valued using an appropriate rate (if any) set out in the Commercial Schedules and such rates shall not be adjusted for any rise or fall in the cost of such labour, Goods and other inputs to the Works.

Particular Conditions

Page 16 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Contract Price and Payment


The Contract Price

14
14.1 Delete following wordings in Sub-Clause 14.1 (c): a Schedule and Substitute: the Commercial Schedules Delete Sub-Clause 14.1 (d) and last paragraph of Sub-Clause 14.1, and Substitute: (d) any quantities or price data which may be set out in the Commercial Schedules shall be used for the purposes stated in the Commercial Schedules and/or these Conditions, and may be inapplicable for other purposes; and (e) the Contractor shall submit to the Engineer, within 28 days after the Commencement Date, a proposed breakdown of each lump sum price in the Commercial Schedules. The Engineer may take account of the breakdown when preparing Payment Certificates, but shall not be bound by it. However, if any part of the Works is to be paid according to quantity supplied or work done, the provisions for measurement and evaluation shall be as stated in Clause 21 [Measurement] and Sub-Clause 13.3 [Variation Procedure]. The Contract Price shall be determined accordingly, subject to adjustments in accordance with the Contract.

Plant and Materials intended for the works

14.5

Delete following wordings in Sub-Clause 14.5: Appendix to Tender and Substitute: Schedule of Payments Delete following wordings in Sub-Clause 14.5 (b) (iii): form referred to in Sub-Clause 14.2 [Advance Payment] and Substitute: specimen bank guarantee form included in the Schedule of Specimen Forms At the end of 4th paragraph of Sub-Clause 14.5, Insert: In any event, the additional amount to be certified under this SubClause shall not exceed the eighty percent of appropriate rate, price or value specified in the Commercial Schedules for such item of Work, or agreed contract value for such item of Work.

Issue of Interim Payment Certificates

14.6

Delete following wordings in Sub-Clause 14.6 (b): the value of this work or obligation

Particular Conditions

Page 17 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

and Substitute: any amounts the Engineer deems reasonably necessary or appropriate to protect the Employer from liability or loss Delayed Payment Application for final Payment Certificate 14.8 14.11 Delete Sub-Clause 14.8. Delete following wordings of the last paragraph of Sub-Clause 14.11: Sub-Clause 20.4 [Obtaining Dispute Adjudication Boards Decision] or Sub Clause 20.5 [Amicable Settlement] and Substitute: Sub-Clause 20.5 [Amicable Settlement], Sub-Clause 20.6 [Arbitration] or Sub-Clause 20.9 [Conciliation] Currencies of Payment 14.15 Delete following wordings in the first paragraph of Sub-Clause 14.15: Appendix to Tender and Substitute: Schedule of Payments Delete following wordings of Sub-Clause 14.15 (a)(i): Appendix to Tender and Substitute: Schedule of Payments Delete following wordings in the second line of Sub-Clause 14.15 (b): Appendix to Tender and Substitute: Schedule of Payments Delete following wordings in the second line of Sub-Clause 14.15 (e): Appendix to Tender and Substitute: Schedule of Payments Termination by Employer 15

Particular Conditions

Page 18 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Employers Entitlement to Terminate Suspension and Termination by Contractor Contractors Entitlement to Suspend Work

15.5

Delete last sentence of the 1 paragraph of Sub-Clause 15.5.

st

16

16.1

Delete following wordings in Sub-Clause 16.1: or the Employer fails to comply with Sub-Clause 2.4 [Employers Financial Arrangements] Delete following wordings in Sub-Clause 16.1: 21 days and Substitute: 35 days

Termination by Contractor

16.2

Delete Sub-Clause 16.2 (a) and 16.2 (e). Delete following wordings in Sub-Clause 16.2 (b): 56 days and Substitute: 84 days Delete following wordings in Sub-Clause 16.2 (c): 42 days and Substitute: 56 days

Payment on Termination

16.4

Delete Sub-Clause 16.4 (c ) and Substitute: (c) pay to the Contractor the amount of any other loss or damage sustained by the Contractor, except loss of profit, as a result of this termination.

Risk and Responsibility


Limitation of Liability

17
17.6 Delete following wordings in Sub-Clause 17.6: Particular Conditions and Substitute: Appendix to Tender

Insurance

18

Particular Conditions

Page 19 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

General Requirements for Insurance

18.1

Delete following wordings in Sub-Clause 18.1: Particular Conditions and Substitute: Schedule of Insurance Requirements At the 3 line of 2 Clause 18.1, Insert:
rd nd

paragraph after ".both parties" of Sub-

and/or included within the Schedule of Insurance Requirements At the end of Sub-Clause 18.1, Insert: In any event which give rise to a claim form insurer under any insurance policy in this Contract, the Contractor shall, at the Contractor's cost: (A) maintain and produce all necessary records, reports and data, and (B) co-ordinate with insurer on behalf of the Employer. Insurance for Works and Contractor's Equipment 18.2 Delete following wordings in Sub-Clause 18.2: Particular Conditions and Substitute: Schedule of Insurance Requirements Delete following wordings in Sub-Clause 18.2: Appendix to Tender and Substitute: Schedule of Insurance Requirements Delete Sub-Clause 18.2 (c) and Substitute: (c) shall cover all loss and damage (except things insured under SubClause 18.5 [Professional Indemnity Insurance]) from any cause not listed in Sub-Clause 17.3 [Employers Risks], Insurance against Injury to Persons and Damage to Property 18.3 Delete following wordings in Sub-Clause 18.3: Appendix to Tender and Substitute: Schedule of Insurance Requirements Delete following wordings in Sub-Clause 18.3: Particular Conditions and Substitute:

Particular Conditions

Page 20 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Schedule of Insurance Requirements

Insurance for Contractor's Personnel

18.4

Delete 2nd paragraph of Sub-Clause 18.4 and Substitute: The insurance specified in this Sub-Clause shall exclude any liability for claims, damages, losses and expenses arising from injury sickness, disease or death of Employer or Employer's Personnel.

Professional Indemnity Insurance

18.5

Additional Sub-Clause 18.5: The Contractor shall effect and maintain insurance against the liability of the Contractor (and its subcontractors/subconsultants) for claims, damages, losses, and expenses (including legal fees and expenses) as a result of any negligent act, error or omission in the execution of design, other professional activities and duties in connection with the Works (including the costs of redesign, reconstruction and rectification).The insurances specified in this Sub-Clause: (a) shall be in the joint names of the Parties, (b) shall be maintained in full force and effect from the Commencement Date until the date 10 years from the issue of the Taking-Over Certificate, and (c) shall be for a limit per occurrence of not less than the amount stated in the Schedule of Insurance Requirements, with no limit on the number of occurrences. If an amount is not stated in the Schedule of Insurance Requirements, this Sub-Clause shall not apply.

Claims, Disputes and Arbitration


Contractor's Claims

20

20.1

Delete following wordings in Sub-Clause 20.1: 42 days and Substitute: 28 days Delete following wordings in 1 and 2 20.1: 28 days and Substitute: 14 days
st nd

paragraphs of Sub-Clause

Appointment of the Dispute Adjudication Board

20.2

Delete Sub-Clause 20.2.

Particular Conditions

Page 21 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Failure to Agree Dispute Adjudication Board Obtaining Dispute Adjudication Board's Decision Amicable Settlement

20.3

Delete Sub-Clause 20.3.

20.4

Delete Sub-Clause 20.4.

20.5

Delete Sub-Clause 20.5 and Substitute: The parties shall make all reasonable endeavours to settle amicably any dispute connected with the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto.

Arbitration

20.6

Delete Sub-Clause 20.6 and Substitute: If a dispute is not settled by conciliation in accordance with the provisions of 20.5 [Amicable Settlement] or 20.9 [Conciliation], the dispute, controversy or claim arising from this Agreement or matters related thereto, including any question regarding the existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration under the rules of the DIFC-LCIA (DIFC-LCIA Rules). The DIFC-LCIA Rules are deemed to be incorporated by reference into this clause, save that any provision in this Clause which is inconsistent with the DIFC-LCIA Rules shall prevail over such DIFCLCIA Rules. The seat, or legal place, of arbitration shall be the Abu Dhabi. The language to be used in the arbitral proceedings shall be English. The number of arbitrators shall be three (3). Each Party shall appoint its own arbitrator within fourteen (14) days of the date of notice of a dispute is served by either Party. In default of either Party appointing an arbitrator, that arbitrator shall be appointed by the DIFC-LCIA. The third arbitrator shall be appointed by the DIFCLCIA in any event. The third arbitrator or chairman shall be a practicing attorney admitted for a continuous period of at least ten (10) years as at the date of commencement of the arbitration. The arbitrators shall be directed to make a decision within twelve (12) months of referral. The IBA Rules on the Taking of Evidence in International Commercial Arbitration (the IBA Rules of Evidence) shall apply to any arbitration in accordance with this Clause. In case of any inconsistency with any Clause of this Agreement or with the DIFC-LCIA Rules, the IBA Rules of Evidence shall prevail but solely as regards the presentation and reception of evidence. The decision of such arbitration shall be notified to the Parties within six (6) months of the reference to arbitration being made and shall be final and binding upon the Parties hereto (and enforceable against them) save in the case of manifest error or fraud. The said arbitrators may award legal fees and expenses as they think fit. Arbitral proceedings and awards relating thereto or stemming there from shall be subject to the provisions of the UAE Civil Procedure Code, Federal Law No. (11) of 1992 (Article 201 to 218).

Failure to Comply with Dispute


Particular Conditions

20.7

Delete Sub-Clause 20.7.

Page 22 of 23

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Adjudication Board's Decision Expiry of Dispute Adjudication Board's Appointment Conciliation 20.8 Delete Sub-Clause 20.8.

20.9

Additional Sub-Clause 20.9: Any dispute as mentioned in Sub-Clause 20.5 [Amicable Settlement] which cannot be amicably settled between the parties within twenty eight (28) days after such dispute arising may be referred by either party to conciliation in accordance with the provisions set forth in the procedural regulations of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).

Measurement
Works to be Measured

21
21.1 Additional Sub-Clause 21.1: Unless otherwise stated in the Contract, the Contractor shall be paid the lump sum Contract Price as specified in Sub-Clause 14.1 [The Contract Price] which is fixed and shall not be re-measured or revalued for payment. If the Contract expressly stated that the Engineer requires any part of the Works to be measured, reasonable notice shall be given to the Contractor's Representative, who shall: (a) promptly either attend or send another qualified representative to assist the Engineer in making the measurement, and (b) supply any particulars requested by the Engineer. If the Contractor fails to attend or send a representative, the measurement made by (or on behalf of) the Engineer shall be accepted as accurate.

Method of Measurement

21.2

Additional Sub-Clause 21.2: Subject to Sub-Clause 21.1, except as otherwise stated in the Contract and notwithstanding local practice: (a) measurement shall be made of the net actual quantity of each item of the Permanent Works specified to be measured, and (b) the method of measurement shall be in accordance with the Bill of Quantities or other applicable Commercial Schedules.

Particular Conditions

Page 23 of 23

Zoo and Aquarium Public Institution in Al Ain


North Kenya Safari Contract No. AWPR-T-10-0008-00

THE SCHEDULES

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

The Schedules
Table of Contents

SCHEDULE OF SECTIONS___________________________________________________ 2 SCHEDULE OF PAYMENTS __________________________________________________ 4 SCHEDULE OF INSURANCE REQUIREMENTS ________________________________ 6 SCHEDULE OF SCHEDULE OF KEY PERSONNEL _____________________________ 8 SCHEDULE OF NOMINATED SUBCONTRACTORS ___________________________ 10 SCHEDULE OF PREQUALIFIED SUBCONTRACTORS _________________________ 11 SCHEDULE OF SPECIMEN FORMS __________________________________________ 12

The Schedules

Page 1 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 1 SCHEDULE OF SECTIONS

No.

Section Name (Sub-Clause 1.1.5.6)

Time for Completion (Days) (Sub-Clause 1.1.3.3)

Completion of design and construction documents including all approvals from employer and NOCs Completion of soft landscaping works and commencement of tree growing period Completion of animal exhibits construction (including commissioning) and ready for animal acclimation Taking Over of the whole Work

75

275

3 4

368

460

The Schedules

Page 2 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Calculation of Delay Damages for whole of the Work (Sub-Clause 8.7): The Delay Damages (DD) will be calculated on a formula basis. Period A - 20% of maximum DD (Delay of 1 day to 60 days) Period B - 30% of maximum DD (Delay of 61 days to 120 days) Period C - 50% of maximum DD (Delay of 121 days to 200 days)

Accepted Contract Amount (AED) (A)

Maximum DD as % of Contract (B)

Maximum DD on Contract (AED) (C) = (A*B)

Delay Period

Amount of DD as a % of Maximum DD (D)

Number of Days of Delay (E) 60 60 80 200

DD per day (AED)

Accumulative Total per Period (AED) (G) = (E*F)

(F) = (C*D)/(E)

Period A Period B Period C Total

20% 30% 50% 100%

The Schedules

Page 3 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 2 SCHEDULE OF PAYMENTS List of Plant and Materials delivered to the Site [Sub-Clause 14.5 (c)]
Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Steel Reinforcement Bricks Cement Plywood-22mm and above Membranes Bituthene Tiles Expansion and Movement joints Cast iron pipes and fittings Steel pipes and fittings PVC pipes and fittings Thermal Insulation to pipes Ducts Conduits/cable trays Lighting fixtures and fittings Clocks Telephones Fire alarms Loudspeakers HDPE pipes and fittings Feeder pillars and fittings Aggregate base Containment fence and fittings Gates Culvert drain pipes Browse feeders Shade Structures Poly horizontal slider door with hardware Animal drinkers/feeders Pipe work valves and accessories Fire hose cabinet and accessories Fans AC Units Generators Refrigerators Steel Bollards Sanitary Fixtures uPVC Pipes HDPE Pipes Galvanised steel pipes Trees Item

The Schedules

Page 4 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Currency/Currencies of Payment (Sub-Clause 14.15)

Payment Currency

Percentage payable in the Currency 100%

Rate of Exchange: number of Local per unit of Foreign 1.000

Local : (AED)

UAE

Dirham

The Schedules

Page 5 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 3 SCHEDULE OF INSURANCE REQUIREMENTS

EMPLOYER INSURANCES
The Contractor shall provide all the insurances as per the Conditions of Contract.

CONTRACTORS INSURANCES 1. 1.1 Insurance for the Works, Plant and Materials Scope of cover Loss or damage to Works and to Plant, Materials and Contractors Documents delivered to Site. 1.2 Limit of Indemnity Not less than 110% of the Accepted Contract Amount.

2. 2.1

Insurance for Plant and Materials not delivered to the Site Scope of cover For the duration until delivered to Site, as and when required under this Contract.

2.2

Limit of Indemnity Not less than the full replacement value, including delivery to Site.

3. 3.1

Insurance for Contractors Equipments Limit of Indemnity Not less than the full replacement value, including delivery to Site.

4. 4.1

Professional Indemnity Insurance Scope of cover


Page 6 of 35

The Schedules

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

As per the Sub-Clause 18.5 of the Conditions of Contract. 4.2 Limit of Indemnity Not less than UAE Dirahms (AED) Ten (10) million for any one occurrence or series of occurrences arising out of any one event, with no limit on the number of occurrences.

5. 5.1

Insurance against injury to Persons and Damage to Property Scope of cover As per the Sub-Clause 18.3 of the Conditions of Contract.

5.2

Limit of Indemnity Not less than UAE Dirahms (AED) One (1) million for any one occurrence or series of occurrences arising out of any one event, with no limit on the number of occurrences.

6. 6.1

Insurance for Contractors Personnel Scope of cover As per the Sub-Clause 18.4 of the Conditions of Contract.

6.2

Limit of Indemnity Not less than UAE Dirahms (AED) Five (5) million for any one occurrence or series of occurrences arising out of any one event, with no limit on the number of occurrences.

The Schedules

Page 7 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 4 SCHEDULE OF SCHEDULE OF KEY PERSONNEL The Contractors Key Personnel requirements for the Project are:
Minimum Expected No. Position Duration Qualifications positions [years] Work [years] Professional Number of Experience In Similar Total Work Experience

Project Director

Part Time for the Duration of the Contract Full Time for the Duration of the Contract Full Time for the Duration of the Work Elements of the Contract Full Time for the Duration of the Work Elements of the Contract Full Time for the Duration of the Work Elements of the Contract Full Time for the Duration of the Work Elements of the Contract Full Time for the Duration of Specific Work Full Time for the Duration of the Contract Full Time for the Duration of the Contract

Project Manager Construction Manager: Substructure / Superstructure Construction Manager: MEP Construction Manager: Architectural Finishes

Experience with successful delivery of similar projects > AED 250M Experienced Engineer with successful delivery of similar projects > AED 200M Experience in construction of similar buildings > AED 200M Experience in construction of similar buildings > AED 200M Experience in construction of similar buildings > AED 100M Experience in QA/QC in similar projects > AED 100M Experience in construction safety of similar projects Experience in construction of similar buildings > AED 100M Experience in construction of similar buildings > AED 100M

20

15

20

10

15

10

15

10

10

10

QA/QC Manager

10

Safety Manager Project Controls / Planning Engineer Contracts / Procurement Manager

10

10

10

The Schedules

Page 8 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00 Minimum Expected No. Position Duration Qualifications positions [years] Work [years] Professional Number of Experience In Similar Total Work Experience

10

Sustainability and Environmental Manager

Full Time for the Duration of the Contract Full time for the duration of the Elements of the Contract Full time during the period of Design and as required during the period of construction Full time during the period of Design and as required during the period of construction

11

Shotcrete Coordinator / Artistic Director

Experience in Sustainability and Environmental Compliance of similar projects Experience in construction of structural & finished curved Shotcrete material; similar projects > AED 100M Experience on design management of multi disciplinary project with project value > AED 100M

10

12

Design Manager

15

10

13

Consultant of Record

Experience on consultant of record of multi disciplinary project with project value > AED 100M

15

10

The Schedules

Page 9 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 5 SCHEDULE OF NOMINATED SUBCONTRACTORS

Subcontractors Works
Exhibit Design

Nominated Subcontractors
CLR 833 Chestnut Street Suite 1000 Philadelphia PA 19107 Phone-+ 1 215 5640250 http://www.clrdesign.com/ CLOWARD H2O 2696 North University Ave. Suite 290 Provo, Utah 84604 Phone-801.375.1223 http://www.clowardh20.com/

Life Support System Design

The Employer reserves the right to nominate additional subcontractors for certain works in accordance with the Contract.

The Schedules

Page 10 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 6 SCHEDULE OF PREQUALIFIED SUBCONTRACTORS Soft Landscape Works


SI No. 1 Contractor Desert Landscape Co. Valley Crest Middle East Al Ryum Citiscape Al Ain Contact Name Mobile Tel Number Email

Mr. Julian Lee

050 550 0483 050 669 3059 050 446 0189 050 620 5430

Tel: 04 340 4440 Fax: 04 340 4441 Tel: 03 781 1395 Fax: 03 781 1395 Tel: 02 632 8960 Fax: 02 633 0932 Tel: 03 767 9311 Fax: 03 767 9366

Group@desertgroup.ae adradley@valleycrest.com alryum@alryum.com c.barmo@citiscape.ae

2 3 4

Mr. Adam Bradley Mr. Vijay Kohli Mr. Claude Barmo Mr. Waled Al Saadi Executive Director Mr. Badrudeen Procurement Manager Mr. Ahmed Al Shorafi

Al Jurf Developments Projects

050 443 7360 050 443 7466

Tel: 02 671 7331 Fax: 02 671 7332

info@aljurf.ae

Royal Gardens

Tel: 02 550 0822 Fax: 02 550 1516

info@royalgardens.ae

The Schedules

Page 11 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SCHEDULE 7 SCHEDULE OF SPECIMEN FORMS (A) (B) (C) (D) Contract Agreement Form of Performance Security Form of Bank Guarantee Prequalification Questionnaire

The Schedules

Page 12 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

FORM OF CONTRACT AGREEMENT

The Schedules

Page 13 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

CONTRACT AGREEMENT
THIS AGREEMENT made the _____day of __________ 20________,

BETWEEN ________________________ of ________________________ [Employer Details to be inserted] (hereinafter called "the Employer" which expression shall include the Employers successors in little and assigns) of the one part AND ________________________ of ________________________ [Contractor Details to be inserted] (hereinafter called "the Contractor") of the other part.

Whereas

the

Employer

is

desires

that

certain

Works

known

as

______________________________________________shall be executed by the Contractor, and has accepted a Tender by the Contractor for the design, execution and completion of such works and the remedying of any defects herein.

NOW THIS AGREEMENT WITNESSETH as follows:

1.

The Employer shall pay to the Contractor the sum of UAE Dirhams ________________(amount in words)_[___________________________]_(amount in figures) (hereinafter referred to as The Contract Price") or such other sum as may become payable under the Contract in consideration for the design, execution and completion of the Works and the remedying of defects therein.

2.

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

3.

All documents that in their aggregate make up this Agreement shall be mutually explanatory, complimentary and additive and not alternative. The following documents shall be deemed to form and be read and construed as an integral part of this Agreement, and in the case of ambiguities or discrepancies, the priority of the documents forming part of this Agreement shall be prioritised in the following order:

(a) (b) (c) (d) (e) (f) (g)

This Agreement The Letter of Acceptance dated ______________________________; Letter of Tender dated ______________________________; The Appendix to Tender; The Particular Conditions; The Schedules; The General Conditions;

The Schedules

Page 14 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

(h) (i) (j) (k)

The Employers Requirements; The Commercial Schedules; The Contractors proposal; Any other documents forming part of the Contract.

4.

The Contractor undertakes and warrants the following: a) In consideration of the importance of time due to the urgency of the Works he shall utilise his best endeavours to expedite the Works in accordance with the Programme and take all necessary measures to mitigate against delays and complete the Works in strict accordance with the Time for Completion.

b) To employ the highest international standards of workmanship, the best materials of their kind, and the highest degree of proper and efficient superintendence for the Works.

c) To be responsible for co-ordinating his work with various other contractors employed on the Works; co-ordinating the work between various trades whether employed directly or on a subcontract basis; obtaining all necessary information from Subcontractors for the purpose of the overall programming of the Works; supplying all the necessary attendance to all Subcontractors and assuming overall responsibility for the aforesaid.

5.

In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to design, execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.

6.

The Employer hereby covenants to pay the Contractor in consideration of the design, execution and completion of the Works and the remedying of any defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

The Schedules

Page 15 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

IN Witness whereof the parties hereto have caused this agreement to be executed the day and year first before written.

SIGNED BY ____________________________________ [insert name of authorised signatory] Duly authorised to sign this Contract for and on behalf of the Employer in the presence of:

Signature

__________________________________ (witness)

Name

__________________________________

Address

__________________________________

Occupation

__________________________________

SIGNED BY

_________________________________ [insert name of authorised signatory]

Duly authorised to sign this Contract for and on behalf of the Contractor in the presence of:

Signature

__________________________________(witness)

Name

__________________________________

Address

__________________________________

Occupation

__________________________________

The Schedules

Page 16 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

FORM OF PERFORMANCE SECURITY

The Schedules

Page 17 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

PERFORMANCE SECURITY
[On the letterhead of the Bank] Date ______________ To:___________________ ____________________ ____________________(name & address of the Employer) Dear Sirs, Sub: Our Performance Security No. _________ for AED. __________ Project: _______________________ Contract:__________________________

As Messrs._________________________________________(the Contractor) have described that their Tender for the construction of the above named Works has been accepted, we hereby undertake to hold at your disposal the sum of Dirahms. __________________ (UAE AED ______________________________), ________% of the Accepted Contract Amount, as a Performance Security. This Security shall be free of interest and payable in cash on your first demand in the manner ordered, without the Contractor or any person on his behalf or ourselves having the right to suspend or delay payment or to object thereto for any reason whatsoever. This Security is valid from ___________until the Contractor has executed and completed the Works and remedied any defects therein in accordance with the Contract and shall, before expiry, be automatically renewed until Performance Certificate has been issued or until advised by you that the Contract has been fulfilled. No claim shall be made against the Security after the issue of the Performance Certificate. Yours faithfully,

Signature with Bank Stamp Seal

Signature with Bank Stamp Seal

Name: ___________________ Designation: ___________________

Name: ___________________ Designation: ________________

The Schedules

Page 18 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

FORM OF BANK GUARANTEE

The Schedules

Page 19 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

FORM OF BANK GUARANTEE


[On the letterhead of the Bank] Date ______________ To:___________________ ____________________ ____________________(name & address of the Employer) Dear Sirs, [insert work title)____________________________________

BANK GUARANTEE No.:

_________________________

You entered into a contract dated _____________ [insert date] with _____________ [insert] ("Contractor") titled _____________ _____________ [insert works title] Construction Contract for the _____________ [insert] Project for certain works and services ("Works") to be undertaken by the Contractor ("Contract"). In consideration of your paying the sum of ______________________ [insert amount in words ] (_________)[insert amount in figures] as an advance payment to the Contractor under the Contract ("Advance Payment") we, _____________ [insert Bank], irrevocably and unconditionally undertake with you that whenever you give written notice to us stating that in your sole and absolute judgment the Contractor has failed to observe or perform any of the terms, conditions or provisions of the Contract on its part to be observed or performed, we will, notwithstanding any objection which may be made by the Contractor and without any right of set-off or counterclaim, immediately pay to you or as you may direct such an amount as you may in such notice require not exceeding_____________ [insert amount] ("Guaranteed Sum"). This Bank Guarantee ("Guarantee") is valid and will continue to be valid from the date of this letter for the Guaranteed Sum. This Guarantee will automatically become null and void upon us receiving from you certification that the Guaranteed Sum has been fully repaid by the Contractor. Any payment by us to you in accordance with this Guarantee must be in immediately available and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set off, counterclaims, deductions or withholdings of any nature whatsoever and by whomever imposed. Our obligations under this Guarantee constitute direct primary, irrevocable and unconditional obligations. Additionally, our obligations do not require any previous notice to be given to the Contractor and do not require that any claim be made against the Contractor. This Guarantee is governed by and construed in accordance with the laws of United Arab Emirates and Emirates of Abu Dhai. IN WITNESS of which the [Insert Bank] has duly executed this Guarantee on the date stated above.

The Schedules

Page 20 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

SIGNED by [Insert] as attorney for [Insert] under power of attorney dated [Insert] in the presence of .. Signature of witness .. Name of witness (block letters) . Address of witness . Occupation of witness

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

By executing this agreement the attorney states that the attorney has received no notice of revocation of the power of attorney

Address for notices [Insert address]

The Schedules

Page 21 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

PREQUALIFICATION QUESTIONNAIRE

The Schedules

Page 22 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

REQUEST FOR QUALIFICATIONS (RFQ):

Landscape works for North Kenya Safari

1.0

GENERAL

The Al Ain Zoo is currently undergoing a redevelopment process that, when complete, will render this 40 year old land mark a unique world class destination. The Al Ain Wildlife Park & Resort (AWPR) was established by H.H. Sheikh Zayed Bin Sultan Al Nahyan in 1968 as a community zoo for private animal collections. The proposed master plan will transition this approximately 900 hectare site into an animal refuge and a wildlife park unique in the world by incorporating desert environments, hospitality, residential and mixed use communities. All of these will be accomplished while maintaining a focus on local heritage and culture and delivering unique wildlife experiences that are founded on good business practices and delivered in a sustainable manner. The Al Ain Wildlife Park and Resort, which resides at the foothills of Jebel Hafeet covers an area of about 900 hectares. Themed desert wildlife experiences will take visitors on day and night safaris. This will make Al Ain Wildlife Park & Resort one of largest desert safari parks in the Northern Hemisphere. Safaris will include Africa, Arabia and Asia.The residential neighborhoods will create a unique type of residence in a desert setting with architectural styles reflecting contemporary Arabia. The implementation of the master plan will be completed in phases. The grand opening for the first phase of implementation is targeted for September 2011 and includes the North Kenya Safari, World Desserts (Zoo Areas), a Hotel, Retail and Concession areas, Sheikh Zayed Desert Learning Centre, desert venue attractions, site improvements, and 250 residential units. A continuing set of phases is scheduled to be completed by the end of 2012 and will complete the core zoo, Kalahari, North Sahara, Arabian, and Asian safaris, together with 750 additional residences and a large mixed use development. 1.1 Introduction

The Al Ain Wildlife Park & Resort (AWPR) intends to call tenders for the Main Works Construction Package for the following project: Landscape works: Includes some procurement (native plants) and all installation of both native and exotic plants for the following areas: 1. North Kenya Safari: West highland desert Wadi. Lava Bed Barrens, Riverine Woodland, Shrub Grasslands (Total Project Area approximately 575,000sqm).

The Schedules

Page 23 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

The project shall be an iconic development that will serve as one of the focal points for the entire AWPR. The construction packages will be for the developments enabling works, vertical structures, MEP, building civil works, themed shotcrete (mock rock), hardscape and overall external and internal finishes. The other part of the contract will be directed to the Softscape of each project. Tenderers shall demonstrate their capabilities in terms of constructing these projects as well as related installations such as theme parks under either implementation methods: Traditional Method (Design/Bid/ Build) or Design & Build Method. AWPR wishes to pre-qualify prospective contractors with the necessary experience, expertise, and financial capacity to construct these unique elements as further described herein. They must also possess high quality standards and implement the latest technology in terms of methods and materials for these particular works. This request for qualifications is provided to all tenderers who expressed interest in this tender to be returned by the required submittal date no later than 1.2 Closing Date for Qualification Submittal

Tenderers who previously submitted an Expression of Interest wishing to be considered for qualification for these projects must complete this request for qualifications and submit one (1) original and one (1) copy bound, plus one electronic copy in Adobe Acrobat (PDF) format on a CD-ROM. Submittals should be complete with all required information and delivered to the following address: Al Ain Wildlife Park & Resort Project Office Al Ain Zoo Al Ain, UAE Reference: North Kenya Safari Attn: Mr Firas Al Maleh Project Manager AWPR as a part of Tender submission. Qualification documents will be accepted only when delivered to the above address in printed, hard copy form accompanied by a PDF file on CD-ROM. No facsimile or e-mail submittals will be accepted. Any qualification submittal received after the stipulated time and date will not be accepted. 1.3 Language of Submittal

All parts of the qualifications documents shall be in the English language. 1.4 Information Supplied in this Qualification Request

The information supplied in this qualification request represents the best available information at the present stage of the project. The information is subject to revision and final confirmation by AWPR prior to calling tenders from short-listed organizations. The information supplied in this qualification request invitation provides tenderers with preliminary information concerning AWPR. The information provided herein shall not form part of any contract or in any other way be construed as binding upon AWPR.

The Schedules

Page 24 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

1.5

Currency Denomination

All required financial information is to be reported in Arab Emirates Dirhams (AED). 1.6 Ownership of Qualification Documents

All documents submitted by the tenderers in response to this qualification request shall become the property of AWPR and will not be returned to the tenderers. However, intellectual property in the information submitted by the tenderers shall remain vested in the tenderers. This clause is without prejudice to any provisions to the contrary in any subsequent contract between the tenderers and AWPR. 1.7 Clarifications on the Request for Qualifications Tenderers who wish to ask questions on the qualification process or requirements shall submit their requests in writing to the following address or via fax Responses to questions provided by this deadline will be provided to all registered tenderers as soon as feasible and possible. Al Ain Wildlife Park & Resort Project Office Al Ain Zoo Al Ain, UAE Tel: + 971 3 704 1200 Fax: +971 3 761 0199 E-mail: firas.almaleh@awpr.ae

Reference: NOK Safari Attn: Mr Firas Al Maleh Project Manager AWPR as a part of the Tender queries. All questions received after 5:00pm local time on ---------------- will not be entertained. Telephone and email queries will not be entertained at any time. Queries are to be on letterhead and sent officially by hand, postal service and/or facsimile. 1.8 Notification of Decision on Qualification Submission

AWPR will notify all tenderers in writing who submitted a response to this invitation whether they are qualified for the required services. Only the most qualified tenderers will be invited to submit a Tender for construction. Short-listed tenderers will be expected to make their project delivery team available for an interview and respond to a tender request as described in Section 3.0 of this Request for Qualification.

The Schedules

Page 25 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

1.9

Existing AWPR Consultants

AWPR currently employs several consultants in support of these projects. The following list of organizations are precluded from participating on construction teams for these projects:
CH2M HILL EDSA Fugro Maps Faithful + Gould Chalabi Architects & Partners Kobi Karp Architecture & Interior Design Aldrich Pears Associates PGAV

The Schedules

Page 26 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

2.0 2.1

PROGRAMME DESCRIPTION Al-Ain Wildlife Park & Resort Project Overview and Introduction

The Al Ain Wildlife Park and Resort (AWPR) is a mixed use development on approximately 900 hectares. The completed project will consist of 5 World Desert experiences, five large Safari areas, 1,000 residential villas, two hotels, Resort Villas and iconic Learning Centre, commercial and retail areas in a mixed use development area, new main entrance, staff village for park employees, a visitor centre, and extensive landscaping. 2.2 General Scope of Work

The projects intended to occur include; Oasis World Desert, African World Desert, North Kenya Safari and Landscaping. These are briefly described in section 1.1. The scope of works will generally consist of full construction services including the following aspects as a minimum: All Landscaping: Includes some procurement (native plants) and all installation of both native and exotic plants. QUALIFICATION SUBMITTAL REQUIREMENTS General Requirements

3.0 3.1

Tenderers interested in qualifying for the AWPR Construction contracts shall submit complete responses to all requirements described in this qualification request. Concise submittals are preferred. However, responses must be sufficiently detailed to convince AWPR that the tenderers have the construction experience as well as the management, administrative, and financial qualifications necessary for the satisfactory execution of the project. Submissions containing incomplete information or standard brochures/Marketing materials (not specific to this project) may not be considered. Qualification submittals will be evaluated and a short-list of the most qualified organizations will be selected based on the evaluation criteria described herein. Submittals will be evaluated based on the combined relevant capacity, experience, past performance, and qualifications of all named team members. The successful tenderer will be required to provide all construction services necessary to complete the project. 3.2 Team Arrangements

Single-entity construction firms with experience constructing architecturally significant buildings and relevant experience in the construction management of similar projects are preferred. However, a joint venture (JV) or consortium will be considered for qualification if necessary to provide all required construction team and construction management services. For a joint venture, consortium, or other team arrangement, each tenderer must provide all qualification information separately.

The Schedules

Page 27 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Qualifications submitted by a joint venture, consortium, or other team entity shall include a general description of their team arrangement, obligations among team members, the anticipated roles and responsibilities of each team member, previous experience working together and identify the designated lead construction entity. AWPR reserves the right to request further detail regarding the joint venture or consortium arrangements prior to short-listing most qualified firms. 3.3 Instructions for Request for Qualifications

Qualification submittals are to include all of the content listed in the order shown. Follow the organization outlined in the table below. Succinct responses specific to these projects are encouraged and issuance of standard company profiles are discouraged.Additional material, including brochures and marketing material are not required and will not be evaluated. Additional detail for the submittal requirements is provided in Section 3.4 of this qualification request. Additional detail regarding the qualifications evaluation process is included in Section 3.5 of this request for qualification.

Section
Cover Letter

Submittal Instructions
Letter requesting qualification for the construction work. must be signed by a representative of the firm(s) with authority to commit to the work. Letter must include point of contact name and contact information for all future correspondence related to the tender. General information and required documents: respond to all questions and submit all required documents noted in Section 3.4.1 below. General description of construction firm, company background; and overall description of proposed working relationship among team members, if any. Provide owner/client contact information for primary reference projects that AWPR may contact to arrange for discussions and possible site visit. The primary reference project should be relevant to this effort and should be located within the UAE. Audited financial statements for construction firm (and for all members of a team, if applicable). It should be noted that if you fail Items 1, 2, 3 or 4 the other items will not be evaluated or considered.

Evaluation Criteria

1. Qualification Information and Documents 2. Team Structure and Roles 3. Primary Project Reference

Pass/Fail

Pass/Fail

Pass / Fail

4.

Financial Capacity

Pass / Fail

The Schedules

Page 28 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Instructions Submittal Section


5. Experience and Performance

and

Evaluation

Criteria

for

Construction

Qualifications

Submittal Instructions
Provide descriptions of up to 5 construction projects that are relevant to general project requirements and specialty work as described in Section 1.1 of this qualifications request. One project should be designated as your primary reference project.

Evaluation Criteria
Owner/client feedback on your primary project reference will be highly evaluated. Relevance of all listed projects to the three (3) developments / projects construction required at Al Ain Wildlife Park & Resort Provide a list of recent similar projects you have worked on. The firm will also be evaluated, including: local experience in the UAE. Knowledge of relevant Authorities requirements in Al Ain. Overall performance on the project, including high quality of the work and meeting or exceeding schedule commitments. The degree of work which was performed with team member firms and proposed project staff. Client reference on similar projects.

Instructions and Evaluation Criteria for Construction Qualifications Submittal Section


6. Organization and Key Project Staff

Submittal Instructions
Provide a project organization chart showing Key positions and other positions you deem necessary to deliver all construction scope. Include CVs for defined key positions as listed in Section 3.4.6 of this qualifications request, plus any others that the tenderer defines as Key. For each Key position, provide personal references and commitment to support the project and from which locale (on or off site).

Evaluation Criteria
Project organizations that meet all scope requirements will be highly evaluated. Key staff members relevant experience and length of experience including evidence of their stability within the firm, will also be evaluated, including: work on similar project scope, personal references and credibility of commitment to the project.
Page 29 of 35

The Schedules

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Instructions and Evaluation Criteria for Construction Qualifications Submittal Section


7. Capacity and Capability

Submittal Instructions
Describe resources in or near the UAE available to support this work: people, equipment, relationships with other firms and subcontractors / suppliers, and overall ability to deliver the work. Also describe ability to deliver specialty scope and support sustainability priorities.

Evaluation Criteria
Volume of resources, in-house Technical teams, Artistic directors & facilities and Theme Park building landscape, etc. And demonstrated ability and commitment to apply them to this project will be highly evaluated. Volume of resources, demonstrated ability, and commitment to apply them to Al Ain for the required duration will be highly evaluated. Specialty capabilities will also be evaluated, including construction of architectural significant projects using nonstandard and non-linear forms. Integration of sound sustainability principles will be highly evaluated. Methodology for understanding, embracing, and implementing AWPR sustainability and environmental principles will also be evaluated. Previous history and experience of firms working together, especially on design and build projects will be highly evaluated. Approach to establishing a collaborative team environment will also be evaluated, including approach to meeting schedule milestones, risk management approach and ability to meet budget. Better than industry average safety statistics will be highly evaluated. An integrated approach to quality and safety will also be evaluated. Client references.

8. Sustainability and Environment

9.

Design And Build Approach

Describe how the firm will become familiar with and educate the project team on the AWPR sustainability and environmental compliance program. Summarize your methodology for meeting sustainability and environmental objectives and your experience with integrating sustainability and environmental principles into similar construction projects. List and describe firms most likely to be proposed as part of your team in a design and build project and overall history in delivering works as scheduled, within budget and as a quality product. Provide a brief description of the processes and systems used for design and build project scheduling, project control, purchasing, build-ability and estimating. Describe your process and tools used to achieve the Tenderer set out targets.

10.

Safety Quality

and

Overview of safety and quality programs. Safety statistics and philosophy. Quality program with client references.

The Schedules

Page 30 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

3.4

Detailed Submittal Requirements

Qualifications submittals must be organized according to the table shown in Section 3.3 of this qualifications request or they will not be evaluated. The cover letter for the qualifications submittal should clearly indicate the single point of contact for this project and should be signed by an individual with authority to commit to the project. Additional detail for each required section is included below.
3.4.1 Qualification Information and Required Documents Qualifications Submittal Section 1

The firm should include complete responses to the following questions and submit the required documents as attachments. These questions are intended to be completed by a lead construction firm. For a joint venture or team, information for all team members / firms is required. Note that the firm is required to provide evidence that they are currently registered and eligible to perform work within Al Ain or are clearly in the process of securing this registration to be in effect at the time of tender award. Additional documents to be submitted as attachments for the firm: Commercial Registration Subscription Certificate in the Chamber of Commerce and Industry Qualification Certificate in the Contractors Qualification Agency Valid Abu Dhabi Trade License

Provide complete responses to the following: Emirate of Registration. UAE Registration Number. Address, Email, Fax, and Telephone number of tenderers Head Office. If Head Office is not in the United Arab Emirates, list local office(s) responsible for delivery of this project. Type of Company (e.g., sole proprietorship, partnership, private corporation, quoted corporation) and year established. If the firm is a subsidiary, specify the parent company. Note the number of years working in UAE. Provide the name, contact person, telephone, and email of your primary bank. Confirm that AWPR or its representative may approach your bankers for reference information. State whether the firm has been denied a bank guarantee (for the purpose of advance payment or performance). If a guarantee has been denied, provide details. State whether, in respect to the contracts undertaken in the last ten years, the firm has made claims against another firm. If a claim has been made, provide details. State whether, in respect to the contracts undertaken in the last ten years, the tenderer has made claims against an Owner / Developer. If a claim has been made, provide details. Provide a list of major commitments or/contracts currently under way by the tenderer in the UAE. Provide a list of major tenders by the firm currently under evaluation or consideration within the UAE and a description of the projects.

The Schedules

Page 31 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

3.4.2 Team Structure and Roles Qualifications Submittal Section 2

Provide a description of the firm (or team firms) requesting qualification status. If necessary, include background information for all additional companies on the team and described their anticipated roles on the project. Provide an overall description of the proposed working relationship among team member.
3.4.3 Primary Project Reference Qualifications Submittal Section 3

It is AWPRs intent to interview, and perhaps visit your best project reference. Provide owner / client contact information for your primary reference for each of the three project types that AWPR may contact to arrange for discussions and possible site visit. Your primary reference project should be relevant to our proposed project. The project should have been worked on by your proposed project staff. Projects within the UAE are highly preferred. Provide the owner or client organization name, name and title of person to contact who will be familiar with your work and who will be authorized to arrange for a discussion and/or site visit by AWPR. Include all contact details, including address and contact phone numbers.
3.4.4 Financial Capacity Qualifications Submittal Section 4

Provide audited or similarly verified financial statements for the firm for the past two years. Include statements for the first two quarters of 2009 if available. If lengthy, statements may be provided in a separate bound appendix if desired. If the above cannot be provided, in lieu provide AWPR with a Going Concerns or Liquidity Issues letter provided by your auditors and certified. Also provide a Standard & Poors credit rating in the local market and or GCC area for your company.
3.4.5 Experience and Performance / Technical Expertise Qualifications Submittal Section 5

The firm shall demonstrate its technical expertise and a successful track record in completing projects of a similar size and scope. Provide descriptions of at least three and up to five previous construction projects. Projects should be at least 50 percent complete as of the date of submittal or have been completed in the past five years. The firm shall provide a list of recent Theme Park, Zoo, or major landscape projects you have worked with on similar projects as described in section 1.1 of this qualification request. In addition to a general discussion of the work performed, descriptions should include the name of the project, owner / client information, total constructed value of the project, project start and completion dates (or anticipated completion date if not yet complete) and the value of work for the tenderers scope on the project. Also include a description of the tenderers performance on the project, such as the completion of specialty work, meeting

The Schedules

Page 32 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

or exceeding schedule commitments, meeting sustainability requirements and relevant certification, and promoting a collaborative work environment. One project should be designated as the primary reference project with owner / client contact information provided in Section 3 of the qualifications submittal.
3.4.6 Organization and Key Project Staff Qualifications Submittal Section 6

Provide a project organization chart showing the following key positions and any additional key positions such as, specialty discipline leads you deem necessary to deliver all of the construction scope: Project Manager Landscape Manager Theme Park Construction Manager Environmental and Sustainability Manager Lead Estimator (Quantity Surveyor) Quality Control / Quality Assurance Manager Safety Manager

In addition to identified staff key positions, the project organization chart should show other functions / positions deemed necessary to staff prior to successfully completing the work. Note that AWPR may ask short-listed firms to provide names for additional specific functions / positions . The firm must clearly demonstrate its ability to assign competent personnel to the contract that possess relevant experience on past projects of similar size and scope including evidence of their stability in terms of employment within the firm. Include Curricula Vitae (CVs) for the key positions listed above, plus any other key positions you deem necessary to successfully complete the work. For each key position, provide current employer and length of tenure, a personal reference, description of relevant work history, languages spoken, and commitment to support the project and from which locale (on or off site).

3.4.7 Capacity and Capability Qualifications Submittal Section 7

Describe resources in or near the UAE available to support this work, including: total managerial and field staff, a summary of company owned equipment, relationships with other firms and subcontractors / suppliers that will be of benefit to AWPR and overall ability of the tenderer to successfully deliver the work.

The Schedules

Page 33 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Describe resources also in terms of in-house Technical teams, Theme Park building, landscape, etc. And demonstrated ability and commitment to apply them to this project will be highly evaluated. Provide a brief description of the processes and systems used for project scheduling, project control, purchasing, and estimating. Describe your process for scheduling the work and monitoring progress against schedules on a continual basis using computerized CPM or equivalent techniques.
3.4.8 Sustainability & Environmental Compliance Qualifications Submittal Section 8

Describe how the firm will become familiar with and educate their project team on the AWPR sustainability and environmental program and priorities.
.

Summarize your methodology for meeting AWPRs sustainability and environmental objectives and your experience with integrating sustainability principles into construction works on previous projects. Firms will be evaluated on their demonstrated level of commitment and plan for understanding and implementing AWPRs sustainability and environmental objectives. Previous integration of sound sustainability principles into building projects.
3.4.9 Design & Build Qualifications Submittal Section 9

Projects within this RFQ may be implemented under a Design Build contract. As such, information on Design Build experience is requested. Describe previous history of team organizations working together, especially on design and build projects in or near the UAE. This will be highly evaluated. Also describe the other resources / organizations within UAE which will: most likely be proposed to be part of your team in the World Deserts and Safari Development project (should it be a design and build project) and their overall history with the firm in delivering the works in previous design and build projects. availability to support this work including overall managerial and field staff, a summary of company owned equipment, relationships with other firms and subcontractors / suppliers that will be of benefit to AWPR. Describe the approach to establishing a collaborative team environment including approach to meeting schedule milestones, risk management control and ability to meet project budgets. Provide a brief description of the processes and systems used for design & build project scheduling, project control, purchasing, build-ability and estimating. Describe your process for scheduling the work and monitoring progress against schedules on a continual basis using computerized CPM or equivalent techniques.

3.4.10 Safety and Quality

The Schedules

Page 34 of 35

Zoo and Aquarium Public Institution in Al Ain


Design and Build of North Kenya Safari Contract No. AWPR-T-10-0008-00

Qualifications Submittal Section 10

AWPR is extremely concerned that all work undertaken on its behalf is carried out safely for all parties. The tenderer must therefore demonstrate that it will allocate adequate resources to enable it to fulfill its statutory obligations for Health and Safety. Provide an overview of the firms safety and quality programs, including safety statistics and philosophy. The tenderer shall successfully demonstrate that the tenderer can comply with UAE Federal Law No. 8 (1980) and all its regulations and orders and any amendments. 3.5 Evaluation Methodology

Firms qualification submittals will be evaluated according to the criteria listed in Sections 3.3 and 3.4 of this qualifications request. Special needs, experience and capabilities for similar work is highly evaluated. Firms will be evaluated for compliance with the noted pass / fail criteria in the first instance. Firms who do not pass any one of these criteria may be disqualified and the remainder of their submittal may not be evaluated. Firms will be evaluated for each project type. Following the pass / fail criteria, evaluation criteria are listed in general order of importance to AWPR, with the most important criteria at the top of the table. Within each criterion, items noted as being highly evaluated are of particular importance to AWPR. However, all criteria are considered critical to the success of the project and a firm qualification submittal will be evaluated on their overall response.

The top ranked firms will be short-listed and may be invited based on AWPR concurrence to participate in potential future tenders. Evaluation of qualifications will not be carried over to the evaluation of short-listed firms during the tender process. AWPR solely reserves the right to qualify and / or reject any firm without incurring any liability. However, AWPR may ask for additional or updated qualification information during the tender process that will be considered and evaluated at that time

The Schedules

Page 35 of 35

S-ar putea să vă placă și