Documente Academic
Documente Profesional
Documente Cultură
REF#: BDC/MEP/CA001/2018
M/S. xxxxxxxxxxxxxxxxxxx.
P.O. Box 3044
Al-Khobar 31952, Kingdom of Saudi Arabia
Tel: +966 13 890 1419
Fax: +966 13 890 4962
Project: "The General Authority for civil Aviation Building in KKIA, Riyadh, Kingdom of Saudi
Arabia
Subject: Contract Agreement for Execution and Completion of Mechanical, Electrical and
Plumbing (MEP) Works
We refer to the offer ref. xxxxxxxxxxxxxxxxxxxxx dated xxxxxxxxxxxxxx ("Final Offer") received from
xxxxxxxxxxxxxx and our subsequent n egotiations for the engineering, supply, installation, testing
and commissioning of mechanical, electrical and plumbing works (hereinafter referred to as the "
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Subcontract for MEP Works") for the Project i n full compliance with the Tender Document s referred
to in clause 7 of this (hereafter referred to as the "CONTRACT AGREEMENT") and subject to the
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terms and conditions set out be l ow in this CONTRACT AGREEMENT.
We, Bin Dayel Contracting Est. (Hereafter referred to as the Contractor ") are pleased to award the
contract for the Works to your esteemed company, xxxxxxxxxxxxxxxxxxx (hereinafter referred to as
the "Subcontractor ").
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The Contractor and the Subcontractor shall individually be referred to as a "Party" and together as the
"Parties".
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1. Definitions
In the Subcontract (as hereinafter defined) all words and expressions shall have the same
meanings as are respectively assigned to them in the Main Contract (as hereinafter defined),
except where the context otherwise requires and except that the following words and expressions
shall have the meanings hereby assigned to them:
(a) (i) "Employer" means General Authority of Civil Aviation (GACA) and the legal successors
in title to, or assignees of, such person, as the Contractor shall notify the Subcontractor from time
to time.
(ii) "Contractor" means Bin Dayel Contracting Est. and the legal successors in title to such
person, but not (except with the consent of the Subcontractor) any assignee of such person.
(iii) "Subcontractor" means xxxxxxxxxxxxxxxxxxx. whose offer has been accepted by the
Contractor and the legal successors in title to such person, but not (except with the consent of the
Contractor) any assignee of such person.
(iv) "Engineer" means Zuhair Fayez Partnership whom appointed by the Employer to act as
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(vi) "Subcontractor's Offer" means the Subcontractor's priced offer to the Contractor for the
execution and completion of the Subcontract Works and the remedying of any defects therein in
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accordance with the provisions of the Subcontract, as accepted by the Contractor's Letter of
Acceptance.
(vii) "Contractor's Letter of Acceptance" means the formal acceptance by the Contractor of the
Subcontractor's Offer.
(viii) "Subcontract Agreement" means the subcontract agreement (if any) referred to in Sub-Clause
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(ix) "Appendix to Subcontractor's Offer" means the appendix comprised in the form of
Subcontractor's Offer annexed to the Conditions of Subcontract.
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2. Scope of works
2.1. The scope of the subcontract works includes but not limited to the following, as more
particularly described in the ten der Documents:
a. Engineering (to the extent provided for in the MEP Tender Documents),
supplying, installation, testing and commissioning of the MEP Works in
accordance with this MEP Contract Agreement and the MEP Tender Documents
and remedying of any defects and omissions therein.
b. Providing all necessary warranties and guarantees for the MEP Works as set
out in the MEP Tender Documents.
c. Preparing and submission of all necessary samples, shop-drawings, method
statements, calculations, as-built drawings and operation and maintenance
manuals for the MEP Works.
d. Carrying out site measurements of the sizes of items for the MEP Works for the
purpose of preparing the shop-drawings and/or fabrication of such items.
e. Liaising with all the relevant Authority and obtain all the necessary approval for
h.
commission works.
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Providing preventive maintenance of the MEP Works, free of cost, for a period
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of 365 calendar days commencing from the date of substantial completion of the
Works as stated in the Taking Over Certificate issued by the Engineer under the
Contract. The scope and frequency of the preventive maintenance shall be in
compliance with the manufacturer's recommendations and the Employer's
requirements so as to ensure that the MEP Works are in good operating
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2.2. The subcontractor shall also be responsible for the following, among other things:
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their compliance with the standards approved by the factory. The work will not
be complete until the subcontractor completes all the necessary operating and
performance tests, which the supervising engineer requires.
d. The Contractor shall provide the detailed technical specifications as well as the
names of the manufacturers and models of the parts and schematics for the
type of equipment to include (components, manufacturing materials,
dimensions, methods of operation and maintenance ..... etc.)
e. The contractor shall installed the pressurized networks at a fixed height for any
(irrigation, potable water and fire) network, with valves according to the design
drawings of each network.
f. The subcontractor must execute all networks that operate on gravity (sewer
network and Rainwater drainage) and linked by inspection chambers for
maintenance according to the requirements of the standard specifications And
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the codes (IPC, UBC, ASPE) and must adhere to the following:
The subcontractor shall comply with the pipe profiles mentioned in the
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drawings and if any modification occurs, the flow velocity shall not be
less than 2 ft / sec when the pipe is full.
The inspection chambers should be placed at the appropriate depth to
maintain the desired pipe slope.
The pipes should be aligned and leveled to be on a straight line during
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engineer as follows:
Test lines before filling with low pressure air or water to detect leakage
places in accordance with recognized local or global codes.
Test the deflection of the lines after the completion of the backfilling
process by Mandrel Column with diameter equals to 95% of the diameter
of the tested line for at least 30 days after completion of backfilling.
h. The subcontractor shall take sufficient distance (10 feet) between the drinking
water lines and the sewage lines so as not to bring closer the two systems
according to the IPC code.
i. The subcontractor shall connect all the networks required to be connected to
the airport network after the final test is carried out and accepted by the owner
or his representative. The points of connection shall be according to the points
previously specified (in the drawings) or later determined by the owner (the new
airport network).
j. When installing the irrigation system, consider the following:
n.
codes.
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The subcontractor shall complete all necessary tests for the water supply
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network and the sewage network within The building according to specifications
and codes (IPC, ASPE) before hiding the network within the wall or under the
ground, and must issue reports of the results of tests and approval by the
responsible engineer and the test is carried out as follows:
Water testing
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Air testing
Smoke test
o. Unloading and storing of Plant and materials delivered to the Site for the MEP
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Works and handling/shifting of such Plant and materials from the storage area
to the work area.
p. Providing training for the Employer's representatives and/or third parties on the
use, operation and maintenance of the MEP Works.
q. Supplying and installation of emergency lights, exit lights and aircraft warning
lights.
2.3. The Parties also acknowledge and agree that the following items and works (hereafter
referred to as the "Excluded Materials") are excluded from the MEP Works and the Agreed
MEP Price (as defined in paragraph 2.1 ):
a. Supplying of lighting fittings (namely all interior, exterior and facade lights),
except for the light fittings referenced in item 1.3(e) above which is included in
the MEP Works and the Agreed MEP Price;
b. Supplying of sanitary wares, kitchen sinks and mixers; and
c. Supplying of water meters, KHW meters, and BTU meters.
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2.5. The Subcontractor is fully aware that quality standard, time schedule, safety and Health
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requirements should be followed and observed strictly to avoid any deduction by the
contractor and /or Consultant.
2.6. The Subcontractor shall make sure that all hired present labors have their Iqama under
his sponsorship, or the company that hired them; if not, all such labors shall not be authorized
to enter the site. Failure to comply with it will be personally penalized.(Installation sub-sub-
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contractors with valid Iqama and official contract might be mobilize at site along with
subcontractor under sponsorship team in accordance with clause 3)
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3. Sub-subcontracting
The Subcontractor shall not subcontract the whole of the Subcontract Works, nor shall he
subcontract any part of the Subcontract Works without the prior consent of the Contractor.
Any such consent shall not relieve the Subcontractor from any liability or obligation under the
Subcontract and the Subcontractor shall be responsible for the acts, defaults and neglects of
any of his subcontractors, including such subcontractor's agents, servants or workmen as
fully as if they were the acts, defaults or neglects of the Subcontractor, his agents, servants
or workmen.
Provided that the Subcontractor shall not be required to obtain such consent for:
(a) The provision of labour, or
(b) The purchase of materials which are in accordance with the standards specified in the
Subcontract and/or the Main Contract.
In the event of a subcontractor having undertaken towards the Subcontractor in respect of
the work executed, or the goods, materials, Plant or services supplied by such subcontractor,
any continuing obligation extending for a period exceeding that of the Defects Liability Period
under the Main Contract in respect of the Main Works or of the Section or Sections or part or
parts thereof in which the Subcontract Works are comprised, as the case may be, the
Subcontractor shall at any time, after the expiration of such Period, assign to the Contractor,
at the Contractor's request and cost, the benefit of such obligation for the unexpired duration
thereof.
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Contract as a result of such breaches. In such event, the Contractor may, without prejudice
to any other method of recovery, deduct such damages from monies otherwise becoming due
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to the Subcontractor.
6. Subcontract Price
6.1. The Subcontract Price for the execution and completion of the Subcontract works shall be a
fixed unit rate re-measurable contract of SAR xxxxxxx (Saudi Riyal xxxxx million,
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xxxxx hundred xxxxxxx thousand, xxxxxx hundred xxxxxx only), where the
subcontractor is paid for the actual quantity of each line item performed as measured in the
field during construction.
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6.2. No adjustment of the Subcontract Price shall be made in respect of the rise or fall in the costs
of labor and/or plant s and/or material or any other matters affecting the costs of the execution
of the Subcontract works, except as provided elsewhere in this CONTRACT AGREEMENT
and the Tender Documents.
6.3. The quantities set out in the Bill of Quantities are estimated quantities for the Subcontract
works and they are not to be taken as the actual and correct quantities of the subcontract
works to be executed by the Subcontractor in fulfillment of its obligations under the
Subcontract. The Subcontractor shall execute and complete the Subcontract works in
accordance with the terms and conditions set out in this CONTRACT AGREEMENT and the
Tender Documents.
6.4. The Subcontract Price is inclusive of;
a. All taxes, transportation and freight charges, custom duties and charges, custom
clearance, charges and costs referred to in the bill of Quantities and other
associated costs and expenses. (VAT Tax is not included in the contract amount
and will added in each invoice separately as per governmental law).
b. All costs and expenses of the Preliminaries and General Requirements and
other associated running costs that are necessary for the execution and
completion of the Subcontract Works.
6.5. The Subcontractor confirms that it has no objection in the event that the Employer decided
to carry out value engineering in relation to the design of the subcontract works during
drawings preparation and design stage. In such events, the subcontract price shall be
reduced by the amount of cost saving resulting from the value-engineering proposal approved
by the Employer. The subcontractor agrees that it will not be entitled to claim any loss of
revenue and/or loss of profits and /or any other losses arising from and/or in connection with
any change to the Subcontract works arising from any value engineering carried out under
this clause.
6.6. In relation to paragraph 6.5 above, The Subcontract has also confirmed the following:
a. The Subcontractor is fully aware that the appendices and any addendum related
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to the subcontract works issued during the tendering period are part from that
CONTRACT AGREEMENT.
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b. The Subcontractor must commence the Works on the Commencement Date
and shall proceed with the Works in a diligent manner and without delay. The
Subcontractor shall not suspend the Works or any part thereof except where the
suspension is agreed from both parties.
c. The Subcontractor undertakes to commence the works including the
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construction of all site facilities required and to complete and deliver the scope
of works comprised in the subcontract within the time for completion of the
works, including mobilization period, in accordance with clause 2.6(b) and these
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periods include all Fridays, Public Holidays, etc. and other non-working days
caused by inclement weather, etc., shortened working hours during the Holy
month of Ramadan and any other holidays due to labor laws that are applied or
might arise in future.
d. The Subcontractor has visited the site and familiarized with all the site conditions
and its surroundings.
e. The subcontractor is fully aware that this CONTRACT AGREEMENT is
compliant & inclusive of all items as per Tender documents for the items
included in the subcontractor approved design calculations, shop drawings and
subcontract scope of Works and Submission Requirements.
f. All communication between subcontractor and the employer and engineer shall
be via contractor.
g. Subcontractor shall furnish contractor with periodic progress reports as required
by contractor including status of materials, manpower and submittal.
h. Failure to keep above-mentioned obligation at clause 6 in this CONTRACT
7. Tender documents
7.1. The Tender Documents for the Subcontract work s comprises of the following documents:
a. Volume 1 -Tender and Contract Documents:-
Subcontract Agreement (CONTRACT AGREEMENT).
Subcontractor Final Offer.
b. Volume 2 - Specifications.
c. Volume 3 - Bills of Quantities.
d. Volume 4 - Drawings.
7.2. This CONTRACT AGREEMENT shall be read in conjunction with the Tender Documents and
the Final Offer. In the event of any ambiguity or discrepancy between this CONTRACT
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AGREEMENT and the Tender Documents or the Final Offer, this CONTRACT AGREEMENT
shall take precedence.
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8. Performance Security:
8.1. Within 14 calendar days of the date of the subcontract agreement the subcontractor shall
submit an order note for the amount of 10% of the contract price in favor of the Contractor
stamped by chamber of commerce.
8.2. The performance security shall be valid and remain in force until the date of issue of the
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any other rights it may have under CONTRACT AGREEMENT or at law, immediately
terminate this CONTRACT AGREEMENT by giving a written notice to the subcontractor. The
mutually parties agree that any written notice issued pursuant to this paragraph 8.3
terminating the subcontractor's employment shall be effective without the need for any further
notice or any order from a court with competent jurisdiction.
9. Payment terms:
9.1. Advance payment:
a. The subcontractor shall be entitled to an advance payment of xxxxxxxxxx SAR
(i.e. 10% of the subcontract price) upon opening a letter of credit by the
contractor, this payment shall be paid from the bank immediately (at sight) after
the subcontractor submits (i) an order note with the same amount for the
advance payment and (ii) a certified letter from the chamber of commerce and
both documents shall be valid up to the end of project as per the agreed time
schedule.
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The advance payment shall be repaid through percentage deductions in interim
payment certificates issued and approved by the engineer and the contractor.
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Deductions shall be made with same advance payment percentage of 25% of
the amount of each interim payment certificate (excluding the advance payment
and deductions and repayments of retention) until the advance payment has
been repaid in full.
9.2. Materials Delivered to Site:
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b. 20% for glass delivered to site and Engineer’s approval on material inspection request
(MIR).
9.3. Subcontractor's Monthly Statements:
30% through Monthly payments as per work progress and Project Consultant’s approval on
the submitted Inspection Requests (IR) by the Second party and the payment shall be
released thereafter for the approved quantities only.
a. 20% for aluminum installation and Engineer’s approval on field inspection request (FIR).
b. 10% for glass installation and Engineer’s approval on field inspection request (FIR).
9.4. Retention Money:
The retention money shall be 10% of the total gross value of the subcontract works executed
according to the agreed Scope of Works and Submission Requirements and shall
become payable to the subcontractor in accordance with sub-clause 9.6.
a. 5% after Final Testing of Aluminum and Glazing Works and submitting as-built drawings
and required guarantee certificate valid for 10 years from the preliminary handing-over
date and having Engineer’s approval.
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therein specified has been reached.
The Contractor shall be entitled to withhold or defer payment of all or part of any sums
otherwise due pursuant to the provisions hereof where:
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(a) The amounts included in any Statement together with any sums to which the
Subcontractor might otherwise be entitled in the opinion of the Contractor, but after all
retentions and deductions, are less in the aggregate than the minimum amount (if any) stated
in the Appendix to Subcontractor's Offer,
(b) the amounts included in any Statement together with any other sums which are the subject
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of an application by the Contractor under the Main Contract in accordance with Sub-Clause
9.4, but after all retentions and deductions, are insufficient in the aggregate to justify the issue
of an Interim Payment Certificate by the Engineer under the Main Contract,
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(c) The amounts included in any Statement are not certified in full by the Engineer, providing
such failure to certify is not due to the act or default of the Contractor,
(d) The Contractor has included the amounts set out in the Statement in his own statement
in accordance with the Main Contract and the Engineer has certified but the Employer has
failed to make payment in full to the Contractor in respect of such amounts, providing such
failure is not due to the act or default of the Contractor, or
(e) A dispute arises or has arisen between the Subcontractor and the Contractor and/or the
Contractor and the Employer involving any question of measurement or quantities or any
other matter included in any such Statement.
Any payment withheld under the provisions of paragraphs (c), (d) or (e) above shall be limited
to the extent that the amounts in any Statement are not certified, not paid by the Employer or
are the subject of a dispute, as the case may be.
In the event of the Contractor withholding or deferring any payment he shall notify the
Subcontractor of his reasons therefor as soon as is reasonably practicable but not later than
the date when such payment would otherwise have been payable.
The provisions of paragraphs (a) and (b) of this Sub-Clause with regard to the time for
payment shall not apply to the amounts in any Statement by the Subcontractor which are
included in the Contractor's Final Statement to the Engineer under the provisions of the Main
Contract. In respect of any such amounts payment shall be due 14 days after receipt by the
Contractor of any payment which includes a sum in respect of such amounts.
Payment certificate to be approved within one week from submittal and to be paid within 30
days from certificate approval.
9.6. Payment of Retention Money
Within 35 days of the issue by the Engineer of the Taking-Over Certificate with
respect to the whole of the Main Works or, where the Main Works are completed
by Sections or parts, with respect to a Section or part of the Main Works in which
the Subcontract Works are comprised, the Contractor shall pay to the
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Subcontractor one half, or such other proportion as the Contractor reasonably
determines having regard to the relative value of such Section or part of the
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Subcontract Works, of the retention monies under the Subcontract.
Within 7 days of the Contractor's receipt of any payment under the Main
Contract which is by way of release of the other half of the retention monies the
Contractor shall pay the Subcontractor the other half, or the remaining
proportion, of the retention monies under the Subcontract.
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subcontractor's programme shall comply with the contractor's programme for the main contract
works and having regard to and consideration of the prevailing site conditions and the status and
rate of progress of the main works.
10.4. Time claims that shall be submitted from the subcontractor to the contractor are subjected to the
engineer's and the employer's approval otherwise it will be rejected.
The following interim milestones for the execution of the subcontract works shall
be included in the subcontractor's programme.
Completion of the engineering, fabrication and delivery of the fabricated
components of the subcontract works for all buildings.
Completion of cladding, glass and external sealant for each building.
Completion of the Aluminum and Glazing works including all tests.
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If the Subcontractor shall be delayed in the execution of the Subcontract Works or, if
applicable, any Section thereof by any:
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a. Circumstances in regard to which the Contractor is entitled to receive from the Engineer
an extension of his time for completion of the Main Works under the Main Contract,
b. Instruction pursuant to Clause 12 to which paragraph (a) of this Sub-Clause does not
apply, or
c. Breach of the Subcontract by the Contractor or for which the Contractor is responsible,
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then in any such event the Subcontractor shall be entitled to such extension of the
Subcontractor's Time for Completion of the Subcontract Works or such Section thereof
as may in all the circumstances be fair and reasonable.
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Provided that the Subcontractor shall not be entitled to such extension of time unless he has
submitted to the Contractor notice of the circumstances which are delaying him within 14 days
of such delay first occurring together with detailed particulars in justification of the extension
of time claimed in order that the claim may be investigated at the time and, in any case to
which paragraph (a) of this Sub-Clause applies, the extension shall not in any event exceed
the extension of time to which the Contractor is entitled under the Main Contract.
Provided also that, where an event has a continuing effect such that it is not practicable for
the Subcontractor to submit detailed particulars within the period of 14 days referred to in this
Sub-Clause, he shall nevertheless be entitled to an extension of time provided that he has
submitted to the Contractor interim particulars at intervals of not more than 14 days and final
particulars within 14 days of the end of the effects resulting from the event.
Delays on releasing of the due payments to be added in to the project time, addition to slow
down the progress after notifying the main contractor officially.
The Subcontractor shall take instructions only from the Contractor. The Contractor shall have
the like authority in relation to the Subcontract Works to give instructions as the Engineer has
in relation to the Main Works under the Main Contract. The Subcontractor shall have the like
obligations to abide by and comply therewith and the like rights in relation thereto as the
Contractor has under the Main Contract. The said authority of the Contractor shall be
exercisable in any case irrespective of whether the Engineer has exercised like authority in
relation thereto under the Main Contract.
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“Without prejudice to any other rights the Contractor may have under the terms
of the Contract, if the Subcontractor fails to comply with the Time for Completion
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In accordance with paragraph 10, for the whole of the Works, the Subcontractor
shall pay to the Contractor the relevant sum stated in the Appendix to Tender as
liquidated damages for such default and not as a penalty for every day or part of
a day which shall elapse between the relevant Time for Completion and the date
stated in a Taking-Over Certificate of the whole of the Works or the relevant
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Subcontractor. The payment or deduction of such damages shall not relieve the
Subcontractor from his obligation to complete the works. Or from any other of his
obligations and liabilities under the Contract.
Any delay to the Works for which the Contractor becomes entitled to deduct
liquidated damages will also attract Engineer's damages for the duration of the
delay at the rate(s) stated in the Appendix to Tender.
If the Subcontractor fails to complete the Works by the Time for Completion (as
may be revised under the terms of this Contract). The subcontractor
acknowledges that Contractor shall be entitled to commence deducting liquidated
damages and Engineer's damages from any monies which may be due or
become due to the Subcontractor immediately after the Time for Completion (as
may be revised under the terms of this Contract) has passed.”
13.2. Maximum liquidated damages: 10% of the subcontract price for the total impacted areas affected
by this delay.
13.3. The subcontractor acknowledges and agrees that the liquidated damages for delay of the works
is as per item 5 in appendix to tender and paragraph 13.1 in this CONTRACT AGREEMENT.
13.4. The subcontractor acknowledges and agrees that any delay of his scope of works that causes
delay for other subcontractors' and/or the contractor's work the contractor shall deduct/charge from
the subcontractor all the liquidated damages applied by the engineer on the contractor due to this
delay.
14. Variations
14.1. The Subcontractor shall only make such variations of the Subcontract Works, whether by way of
alteration, addition, or omission, as may be instructed by:
a. The Engineer under the Main Contract and notified and confirmed as an instruction to
the Subcontractor by the Contractor, or
b. The Contractor.
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Any instruction relating to the Subcontract Works which is given by the Engineer under the
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Main Contract and constitutes a variation thereunder shall be deemed to constitute a variation
of the Subcontract Works, if notified and confirmed by the Contractor in accordance with
paragraph (a) of this Sub-Clause.
14.2. The Subcontractor shall not act upon an unconfirmed instruction for the variation of the
Subcontract Works which is directly received by him from the Employer or the Engineer. If the
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Subcontractor shall receive any such direct instruction, he shall forthwith inform the Contractor
thereof and shall supply the Contractor with a copy of such direct instruction, if given in writing.
The Subcontractor shall only act upon such instruction as directed in writing by the Contractor, but
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15.1. Whenever the Contractor is required by the terms of the Main Contract to give any notice or other
information to the Engineer or to the Employer, or to keep contemporary records, the
Subcontractor shall in relation to the Subcontract Works give a similar notice or such other
information in writing to the Contractor within 7 days and keep contemporary records as will enable
the Contractor to comply with such terms of the Main Contract. The Subcontractor shall do so in
sufficient time to enable the Contractor to comply with such terms punctually.
15.2. Provided always that the Subcontractor shall be excused any non-compliance with this Sub-
Clause for so long as he neither knew nor ought to have known of the Contractor's need of any
such notice or information from him or such contemporary records.
15.3. Subject to the Subcontractor's complying with this Sub-Clause, the Contractor shall take all
reasonable steps to secure from the Employer (including the Engineer) such contractual benefits
(including additional payments, extensions of time, or both), if any, as may be claimable in
accordance with the Main Contract on account of any adverse physical obstructions or physical
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conditions or any other circumstances that may be encountered during the execution of the
Subcontract Works. The Subcontractor shall, in 28 days, afford the Contractor all information and
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assistance that may be required to enable the Contractor to claim such contractual benefits. On
receiving any such contractual benefits from the Employer, the Contractor shall pass on to the
Subcontractor such proportion thereof as may in all the circumstances be fair and reasonable, it
being understood that, in the case of any claim of the Contractor for an additional payment, the
Contractor's receipt of payment therefor from the Employer shall be a condition precedent to the
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Contractor's liability to the Subcontractor in respect of such claim. The Contractor shall notify the
Subcontractor regularly of his steps to secure such contractual benefits and of the Contractor's
receipt thereof. Save as provided in this Sub-Clause, or in Clause 11, the Contractor shall have
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no liability to the Subcontractor in respect of any obstruction, condition or circumstance that may
be encountered during the execution of the Subcontract Works. The Subcontractor shall be
deemed to have satisfied himself as to the correctness and sufficiency of the Subcontract Price to
cover the provision and doing by him of all things necessary for the performance of his obligations
under the Subcontract.
15.4. If by reason of any failure by the Subcontractor to comply with the provisions of Sub-Clause 15.1
the Contractor is prevented from recovering any sum from the Employer under the Main Contract
in respect of the Main Works, then, without prejudice to any other remedy of the Contractor for
such failure, the Contractor may deduct such sum from monies otherwise due to the Subcontractor
under the Subcontract.
16. Subcontractor's Obligations before Taking-Over
If the Subcontractor shall complete the Subcontract Works as required by Clause 2 before the issue of
a Taking-Over Certificate in respect of the Main Works, or, where under the Main Contract a Taking-
Over Certificate is issued in respect of a Section or part of the Main Works, before a Taking-Over
Certificate is issued in respect of the Section or Sections or part or parts of the Main Works in which the
Subcontract Works are comprised, the Subcontractor shall continue to maintain the Subcontract Works
in the condition required by the Main Contract to the satisfaction of the Contractor. The Subcontractor
shall remedy every defect therein from whatever cause arising until a Taking-Over Certificate is issued
in respect of the Main Works or such Section or Sections or part or parts. The Subcontractor shall not
be entitled to any additional payment for so doing unless such defect is caused by the act or default of
the Employer, his agents, servants or workmen under the Main Contract or of the Contractor, his agents,
servants or workmen under the Subcontract.
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18. Default of Subcontractor
If:
(a) the Subcontractor is deemed by law unable to pay his debts as they fall due, or enters into voluntary
or involuntary bankruptcy, liquidation or dissolution (other than a voluntary liquidation for the purposes
of amalgamation or reconstruction), or becomes insolvent, or makes an arrangement with, or
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assignment in favor of, his creditors, or agrees to carry out the Subcontract under a committee of
inspection of his creditors, or if a receiver, administrator, trustee or liquidator is appointed over any
substantial part of his assets, or if any act is done or event occurs with respect to the Subcontractor or
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his assets which, under any applicable law, has a substantially similar effect to any of the foregoing acts
or events, or if the Subcontractor has contravened Sub-Clause 2.4, or has an execution levied on his
goods,
(b) The Subcontractor has repudiated the Subcontract,
(c) The Subcontractor, without reasonable excuse, has failed to commence or proceed with the
Subcontract Works in accordance with Clause 10,
(d) The Subcontractor refuses or neglects to remove defective materials or remedy defective work after
being instructed so to do by the Contractor under this Clause,
(e) The Subcontractor, despite previous warning from the Contractor, in writing, is otherwise persistently
or flagrantly neglecting to comply with any of his obligations under the Subcontract,
(f) The Subcontractor has contravened Clause 3, or
(g) The Contractor is required by the Engineer to remove the Subcontractor from the Main Works after
due notice in writing from the Engineer to the Contractor in accordance with the Main Contract, then in
any such event, and without prejudice to any other rights or remedies, the Contractor may by a notice
to the Subcontractor forthwith terminate the Subcontractor's employment under the Subcontract and
thereupon the Contractor may take possession of all materials, Subcontractor's Equipment and other
things whatsoever brought on to the Site by the Subcontractor and may by himself or any other
contractor use them for the purpose of executing and completing the Subcontract Works and remedying
any defects therein and may, if he thinks fit, sell all or any of them and apply the proceeds in or towards
the satisfaction of monies otherwise due to him from the Subcontractor.
The Contractor may in lieu of giving a notice of termination under this Clause take part only of the
Subcontract Works out of the hands of the Subcontractor and may by himself or any other contractor
execute and complete such part of the Subcontract Works and remedy any defects therein and in such
event the Contractor may recover his costs of so doing from the Subcontractor, or deduct such costs
from monies otherwise becoming due to the Subcontractor.
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Cutting, chases for pipes in walls, floors, partitions, and subsequently making good such
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cutting.
b. Filling the gaps around the pipes, ducts through walls, floors, partitions and concrete
slabs with non-fire rated foam.
c. Any other builder's works associated with the subcontract works that are required in the
cast in-situ concrete works, block works and plastering works.
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19.2. The parties acknowledge and agree that any builder's works related to subcontractor scope of
work only as per Scope of Works and Submission Requirements, BOQ and approved design
calculation and shop drawings other than what mentioned in paragraph 19.1 shall be carried out
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by the subcontractor and the costs of complying with this paragraph 19.2 are included in the
subcontractor Price.
19.3. The parties acknowledge and agree that the contractor shall provide the subcontractor source of
power for site activities and offices.
19.4. The parties acknowledge and agree that the contractor shall provide the subcontractor water for
normal daily works, water for testing and commissioning (if needed) required by the subcontractor
will be supplied by the contractor for the 1 st water test of facade portion and in case the test failed
and a 2nd test will be required for the same portion the water will be back charged to the
subcontractor.
19.5. The parties acknowledge and agree that the main contractor shall provide to the subcontractor
only open space without partitions and/or boundaries for the subcontractor's store within the site
border, the store protection and the responsibility of the store contents shall be by the
subcontractor.
19.6. The parties acknowledge and agree that the main contractor shall provide to the subcontractor
only open space without partitions and/or boundaries for the subcontractor's temporary offices
within site border, the Subcontractor shall be responsible for providing at its own cost all the
necessary furniture and equipment in the temporary site office for the Subcontractor's staff use.
19.7. The subcontractor acknowledges and agrees that he is responsible for the safety of his staff as
per the employer's safety manual.
19.8. The subcontractor acknowledges and agrees that the contractor has the right to terminate the
subcontract for the contractor's convenience at any time by giving the subcontractor written notice
whereupon the subcontractor shall immediately stop performance of the works and take such
action as the contractor may reasonably direct and subcontractor shall be entitled to claim the
sum due for purchased material and progress done onsite till the notice date while clause 18 is
dealing with termination of contract due to subcontractor default.
19.9. The subcontractor acknowledges and agrees that in case the subcontractor fails to maintain the
rate of progress or take all steps necessary such that the works will not -in the contractor's
opinion- be completed within the time of completion, the contractor may :
a.
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Remove from any part of the works from the scope of the subcontractor and allocate
them to another subcontractor and /or to the contractor, the cost of such works to be
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deducted/back charged from any payable sums to the subcontractor as per the
contractor's prices even if these prices are greater than the subcontract's prices.
b. Withhold such payments as deemed appropriate until such time as the rate of progress
is resumed so that the time of completion shall be achieved.
19.10. The subcontractor acknowledges and agrees that in the event the subcontractor carries out any
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works that is not mentioned in the tender documents and/or not included in the subcontract price
without written instructions from the contractor, the contractor may without prejudice to any other
rights it may have under this CONTRACT AGREEMENT or at law, immediately terminate this
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CONTRACT AGREEMENT by giving a written notice to the subcontractor. The mutually parties
agree that any written notice issued pursuant to this paragraph 19.10 terminating the
subcontractor’s employment shall be effective without the need for any further notice.
19.11. Cradles and scaffolding to be provided by subcontractor and crane/hoists to be provided by main
contractor and in case the lifting facilities weren’t available for any emergency reasons the
subcontractor is responsible to provide alternative facilities and shall not be entitled for extra time
or cost resulting from this unavailability.
Kindly confirm your acceptance of this CONTRACT AGREEMENT by returning to me a copy of this
letter signed and stamped on each page.
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Signature : ………………………………………………….…….
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Name : ………………………………………………….…….
Designation : ………………………………………………….…….
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Date : ………………………………………………….…….
APPENDIX TO TENDER
Item Clause
Description Date
No. To CA
Amount of the Performance
1 8.1 10% of the Subcontract Price
Security (Through Order Note)
3
Commencement of the Works
10.2
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As per agreed time schedule
RESPONSIBILITY MATRIX
Item Contractor
Activity Comments
No MEP Façade Main
Facade works Package (Design,
fabrication, assembling, site
surveying and installation of all
Facade systems, including all
required
pressure
insulation,
equalization
all
back
weather and structural silicone seals,
required
pans,
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1 Excluded Included Excluded
smoke baffles, flashing, fixings,
trellises, vents, doors, hardware,
multi-point locks, opening limit
devices, safety rails, louvers, grilles,
blanked off panels, bird screens,
cleats, components to prevent
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and a 2nd test will be required for
the same portion the water will be
back charged to the
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subcontractor.
Main contractor to provide only
open space without partition or
Protect store for Aluminum and See See boundaries for store within site
7 Excluded
Glazing materials at site. comments comments border. Store protection and 1hc
responsibility of the materials by
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facade subcontractor.
Main contractor lo provide only
open Office space without
partitions or boundaries within
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required for operation along with
Cradles required for the installation of
11 Excluded Included Excluded design supply fixing testing
aluminum & Glazing works
certification and operation by
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facade sub-contractor.
Clear up and remove debris or surplus
materials generated by façade
12 subcontractor and collection to Excluded Included Excluded
outside by façade subcontractor at
every floor.
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Fixation of the lighting by the
lighting contractor. Facade
subcontractor has to consider
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the design integrity of their
Coordination with facade Lighting
17 Included Included Included system by considering all
contractor.
containments. The electrical
containments to be defined
clearly such as procurement,
fixation etc.
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Brackets for these lights which
arc directly interfaced with the
facade shall be installed by the
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facade subcontractor (brackets
shall be fabricated and supplied
by façade subcontractor in
21 Aircraft warning lights(if required) Included Included Excluded
coordination with the final light
installation with the relevant
cabling shall be the scope of
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system inside and out provided
25 Final cleaning of curtain wall system. Excluded Included Excluded
by the facade subcontractor prior
to handover.
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DRAWINGS LIST
Description
Reference
ARCHITECTURE DRAWINGS ( AR ) COUNTER
MULTIUSE OR MASTER DRAWING 0000
FORM
FLOOR PLANS FORM
ELEVATION AND SECTIONS FORM
1000
2000
MODELS SCHEDULES & DOORS, 10000
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WINDOWS&CURTAIN WALL DETAILS
GACA BUILDING ( B01 )
FLOOR PLANS FORM K1502-DWG-DD-B01-AR-1000
K1502-DWG-DD-B01-AR-1001-A BASEMENT FLOOR PLAN
K1502-DWG-DD-B01-AR-1002-A BASEMENT FLOOR PLAN PART 1/4 - B01
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K1502-DWG-DD-B01-AR-1604-A UPPER ROOF PLAN PART 3/4 - B01
K1502-DWG-DD-B01-AR-1605-A UPPER ROOF PLAN PART 4/4 - B01
ELEVATIONS K1502-DWG-DD-B01-AR-2000
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K1502-DWG-DD-B01-AR-2001-A MAIN ELEVATION SIDE ELEVATION 1
K1502-DWG-DD-B01-AR-2002-A REAR ELEVATION SIDE ELEVATION 2
K1502-DWG-DD-B01-AR-2003-A SECTION 01 SECTION 02
K1502-DWG-DD-B01-AR-2004-A WALL SECTION 1 WALL SECTION 2
K1502-DWG-DD-B01-AR-2005-A WALL SECTIONS
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K1502-DWG-DD-B03&B04-AR-1401-A Third Floor Plan
K1502-DWG-DD-B03&B04-AR-1402-A Third Floor Plan -part 1 -B03
K1502-DWG-DD-B03&B04-AR-1403-A Third Floor Plan -part 2 -B04
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K1502-DWG-DD-B03&B04-AR-1501-A Fourth Floor Plan
K1502-DWG-DD-B03&B04-AR-1502-A Fourth Floor Plan -Part 1 -B03
K1502-DWG-DD-B03&B04-AR-1503-A Fourth Floor Plan -Part 2 -B04
K1502-DWG-DD-B03&B04-AR-1601-A Fifth Floor Plan
K1502-DWG-DD-B03&B04-AR-1602-A Fifth Floor Plan -Part 1 -B03
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K1502-DWG-DD-B05&B06-AR-1003-A Basement Floor Plan -part 2 -B05
K1502-DWG-DD-B05&B06-AR-1101-A Ground Floor Plan
K1502-DWG-DD-B05&B06-AR-1102-A Ground Floor Plan -part 1 -B06
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K1502-DWG-DD-B05&B06-AR-1103-A Ground Floor Plan -part 2 -B05
K1502-DWG-DD-B05&B06-AR-1201-A First Floor Plan
K1502-DWG-DD-B05&B06-AR-1202-A First Floor Plan -part 1 -B06
K1502-DWG-DD-B05&B06-AR-1203-A First Floor Plan -part 2 -B05
K1502-DWG-DD-B05&B06-AR-1301-A Second Floor Plan
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K1502-DWG-DD-B05&B06-AR-10005-A CURTAIN WALL TYPES
K1502-DWG-DD-B05&B06-AR-10006-A CURTAIN WALL TYPES
K1502-DWG-DD-B05&B06-AR-10007-A CURTAIN WALL TYPES
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K1502-DWG-DD-B05&B06-AR-10008-A CURTAIN WALL TYPES
K1502-DWG-DD-B05&B06-AR-10009-A CURTAIN WALL TYPES
K1502-DWG-DD-B05&B06-AR-10010-A ELEVATIONS DETAILS
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