Vol. I - Tender and Conditions of Contract

AD 0935 B2B Office
VOLUME-1
INSTRUCTION TO TENDERERS & CONDITIONS OF CONTRACT

B2B OFFICE VOLUME – I
INSTRUCTIONS TO TENDERERS &
CONDITIONS OF CONTRACT
DOCUMENT NUMBER: B2B-ITT&COC-01
DESCRIPTION DATE AUTHOR CHECKED BY APPROVED BY REV
TENDER AND CONTRACT

JULY 2010 MAR BAS A.F 0
DOCUMENT

B2B Office Building
Abu Dhabi – U.A.E.
__________________________________________________________________________________
B2B OFFICE BUILDING – ABU DHABI, U.A.E.

MAIN WORKS CONTRACT
VOLUME 1 – TENDER AND CONDITIONS OF CONTRACT
CONTENTS
PART DESCRIPTION FROM TO

NO. PAGE PAGE
1 PROJECT DESCRIPTION AND SCOPE OF WORKS 1 of 1 - --
2 INSTRUCTIONS TO TENDERERS 1 of 16 - 16 to 16
3 SCHEDULE OF APPENDICES 1 of 27 - 27 to 27
4 FORM OF TENDER 1 of 4 - 4 of 4
5 FORM OF CONTRACT AGREEMENT 1 of 3 - 3 of 3
6 CONDITIONS OF CONTRACT:
- PART I - GENERAL CONDITIONS PI- COC-1 - --
- PART II - CONDITIONS OF PARTICULAR APPLICATIONS PII-COC-1 - PII-COC-15
__________________________________________________________________________________
Khatib & Alami (CEC) Vol. 1 - Contents
Page -i
B2B Office Building

MAIN WORKS CONTRACT
PROJECT DESCRIPTION AND SCOPE OF WORKS
1.0 INTRODUCTION
1.1 The Employer’s vision is for development of a commercial building with an attractive and
elegant building façade.
1.2 The project consists of the following:
i) 2 basements, Ground + 9 floors.

ii) External works, including services and Landscaping.
2.0 SITE CONTEXT
2.1 Location
The location of the Project will be on the banks of the Abu Dhabi Creek, Abu Dhabi, United
Arab Emirates.
2.2 Site Plan
A site plan is attached herewith and is to be taken as an indication only.
3.0 TYPE OF CONTRACT
3.1 The Contract is to be of a Lump Sum type.
Certain elements of design / re-design will have to be undertaken by the Contractor

including shoring and piling. Adequate P.I. Cover will have to be provided for these
elements.
Khatib & Alami CEC Page 1 of 1 Project Description

And Scope of Works
INSTRUCTIONS TO TENDERER
B2B Office Building
INSTRUCTIONS TO TENDERERS
CONTENTS
CLAUSE
1.0 GENERAL 2
2.0 TENDER DOCUMENTS 2

3.0 TENDER SUBMISSION 2
4.0 SUBMITTAL DOCUMENTS 4
5.0 OPENING OF TENDER 7
6.0 VISITING SITE AND EXAMINING DOCUMENTS 8
7.0 INDEMNITY OF THE EMPLOYER 9
8.0 DOUBTS AND OBSCURITIES 10
9.0 MATERIALS, PLANT AND LABOUR. 10
10.0 WORKING HOURS 11
11.0 PRICING 11
12.0 CORRECTION AND CLARIFICATION OF TENDER AFTER
SUBMISSION 11
13.0 TENDER SECURITY 12
14.0 REMEASURED CONTRACT 12
15.0 TENDER QUALIFICATIONS AND ALTERATIONS TO

DOCUMENTS 13
16.0 ALTERNATIVE TENDER OFFER 13

17.0 TENDER EVALUATION 14
18.0 PERFORMANCE SECURITY 14
19.0 TENDER EXPENSES 14
20.0 LANGUAGE 14
21.0 DOCUMENTS CONFIDENTIAL 14
22.0 ADDRESS OF TENDERER 15

23.0 SELECTED CONTRACTOR 15
24.0 JOINT VENTURE AGREEMENTS, if any 15
25.0 PARENT COMPANY GUARANTEE 16

26.0 LOCAL LAW AND REGULATIONS 16
Khatib & Alami CEC Page 1 of 16 Instructions To Tenderer

B2B Office Building

MAIN WORKS CONTRACT
INSTRUCTIONS TO TENDERERS
1.0 General
1.1 B2B Hotels and Properties L.L.C., hereinafter referred to as “The Employer”, wishes
to enter into a Contract for the execution and completion of the Works and the
remedying of all defects therein, in accordance with the provisions of the Contract
of the Project identified as B2B Office Building – Main Works Contract in Abu
Dhabi.
1.2 The following Instructions to Tenderers should be carefully noted as failure to

comply with these provisions may lead to an invalidation of the Tender.
2.0 Tender Documents
2.1 The Tender comprises the following documents:
Volume I Tender and Conditions of Contract

Volume II Specification
Volume III Bill of Quantities
Volume IV Drawings
Volume V Site Investigation Report
3.0 Tender Submission
3.1 The Tenderer shall submit, to the Engineer, by the due date and time, stated in the
Invitation to Tender Letter, his completed set of Tender documents with original
signatures, marked “Original”, plus two copies of Volumes 1 and 3, marked “First
Copy” and “Second Copy”. In the event of any discrepancy the information entered
in the “Original” shall take precedence.

B2B Office Building
3.2 The completed Tender shall be submitted in plain envelopes or packages with all
joints properly sealed without the identity of the Tenderer being indicated, but
clearly identifying the following Tender reference:
B2B Office Building – Main Works Contract, Abu Dhabi

B2B Hotels and Properties L.L.C.
PO BOX 4824, Abu Dhabi
U.A.E.
The Tender shall be deposited not later than the date stated in the Invitation to
Tender.
3.3 The Tenderer shall ensure that the Bill of Quantities forming part of Volume 3 is
fully priced and submitted in the original format. All items not priced shall be
deemed to be included and priced elsewhere.
3.4 The Tenderer shall make all such enquiries and obtain all such information as may
be required to submit a Tender, which complies in all respects with the Tender
documents. The Tenderer, whether or not his Tender is accepted, shall have no
claim on the Employer, either in respect of making such enquiries or obtaining such
information or for any consequences of having failed to make any enquiries.
3.5 Any neglect or failure on the part of the Tenderer to obtain reliable information
affecting the execution and completion of the Works shall not relieve the Tenderer
from any risks or liabilities or from the responsibility of completing and handing over
the Works as defined in the Tender documents.
3.6 The Tenderer shall complete and submit the Form of Tender and fill in the
appropriate blank spaces in the Appendix to Form of Tender, and the attached
schedule of appendices, except where specifically instructed otherwise. Entries
shall not be made in the blank spaces in the Form of Agreement and Form of
Performance Security. The Tenderer shall ensure that the Tender documents are a
completed set of documents and comply fully with the Instructions to Tenderers.
3.7 The Form of Tender must be signed by a properly authorized representative of the
Tenderer and stamped accordingly with the correct title of the Tenderer.

B2B Office Building
3.8 Every page of the “Original” is to be stamped with the Tenderer’s company seal and
initialed by the authorized person signing the Tender. The Employer reserves the
right to instruct the successful Tenderer to stamp and initial every page prior to the
formal award of the Contract.
3.9 All drawings enclosed / attached to the Tender documents shall be clearly
identified, stamped and initialed by the authorized person signing the Tender.
4.0 Submittal Documents
4.1 The Tender shall be accompanied by the following submittal documents which are
deemed to form part of the Tender. It is strongly emphasized that any Tender not
accompanied by these documents, completed in a sufficiently comprehensive and
meaningful manner, may be rejected.
a) Tender Security
Tender Security in the form prescribed and in accordance with Clause 13 of these
Instructions to Tenderers.
b) Cash Flow Chart
A Cash Flow chart forecasting the value of anticipated monthly payments the
Tenderer considers shall become due in terms of the Contract.
c) Tender Addenda
A copy of each Tender Addendum issued by the Employer or Engineer appropriately

endorsed by the Tenderer.
d) Site Visit
The Certificate stating that the Tenderer has visited the Site and accepts the Site
conditions and the risks associated therewith and has no queries on any matter
concerning the Site.
e) Authorized Representative and Power of Attorney
A statement giving the name(s) of the person(s) duly authorized to sign agreements
on behalf of the Tenderer’s company, together with a notarized copy of the
respective Power of Attorney to sign on behalf of the company.

B2B Office Building
f) Tender Programme
A tentative programme and time schedule covering all principal construction

activities to meet the relevant time for completion of the whole of the Works or any
Sections of the Works prescribed in the Conditions of Contract. Cut-off dates for
nomination of provisional sums and prime cost items should also be stated.
g) Method of Construction
A detailed method statement reflecting the method of construction to clearly identify

the sequence of construction, the co-ordination of the Works between that of the
Tenderer and other contractors, subcontractors and other factors to provide the
Employer and the Project Manager / Engineer with sufficient detail to properly
evaluate the Tender proposal.
h) Key Personnel
Details of the names and qualifications of all key personnel to be employed on the
contract are to be submitted. These details shall include qualifications, relevant
experience and current position held within the Tenderer’s organization.
i) Organization Chart
An organization chart detailing both the proposed “On-Site” and “Off-Site”

organizations.
j) Manpower Schedule
A Schedule of proposed manpower for the entire duration of the Contract, identifying
that which it has currently available within his existing resources.
k) Plant and Equipment
A schedule reflecting all construction Plant and Contractor’s Equipment to be used

on the Works, indicating the make, model, year of manufacture and capacity of all
major items of Plant and Contractor’s Equipment he proposes to utilize.
l) Proposed Subcontractors and Suppliers
A schedule of all subcontractors and suppliers to be used on the Works, indicating

the element of work to be performed by each.

B2B Office Building
m) Approved Subcontractors and Suppliers
A schedule of all proposed Subcontractors and Suppliers intended to be used for

elements of work covered by the Provisional and Prime Cost Sum Section of the Bill
of Quantities, indicating the element of work to be performed by each, together with
a copy of the Conditions of Domestic Subcontract or Purchase Order, which the
Tenderer would propose for the placing of Contracts with such Approved
Subcontractors and Approved Suppliers.
n) Quality Assurance/Quality Control Procedures
Details of the proposed ‘Quality Assurance’ and ‘Quality Control’ procedures,

covering all aspects of the Works to comply with recognized international standards.
o) Current and Valid Trade License.
A copy of current and valid Trade License.
p) Health and Safety Policy
Details of his ‘Health and Safety Policy’, which shall remain in force for the duration
of the Contract and shall comply and take full account of the ‘Employer’s
Requirements’ forming part of the Tender documents.
q) External Management or Technical Assistance
If the Tenderer shall enter into an agreement or agreements with a third party or
parties to provide the Tenderer with ‘Construction Management’ or technical
assistance with respect to the Works, such party or parties shall comply with the
applicable laws and regulations of the Emirate of Abu Dhabi, and the Tenderer shall
specify the management or technical assistance to be so provided with respect to
the Works.
r) Details of Overheads and Profit
Separate statements identifying the levels of overheads and of profit that have been
incorporated within the compilation of the Tender Price. The statements shall be
supported with sufficient evidence and calculations to verify that the statements are
correct.

B2B Office Building
s) Details of Variations
Separate breakdowns of the proposed overheads and proposed profit, which if

applicable would be added to contract variations issued in terms of Clause 51
General Conditions of Contract.
t) Preliminaries and General Requirements Items
A detailed breakdown of all priced items of Bill No1, Preliminaries and General
Requirements forming part of the Bill of Quantities. This breakdown of the items
should be in such a format, as to clearly identify any “Set-up”, “Time Related” and
“Dismantling Elements” of the costs.
u) Special Attendances
Details of all Special Attendance items pursuant to the outstanding requirements of

the Subcontract Works Section of the Preambles to the Bill of Quantities, which the
Tenderer deems necessary for the proper execution of the identified Subcontract
Works.
v) Joint Venture Agreements, if any
Evidence of the Organization, nature and size sufficient to enable the Employer to
evaluate whether the Tenderer has the Technical, Financial and managerial
Capacity to perform and meet his obligations under the Contract.
w) Alternative Tender Options
Pursuant to the provisions of Item 16 of these Instructions to Tenderers the

Tenderer shall submit all details of any alternative Tender Offers. Such alternatives
must be detailed in accordance with the noted Item.
5.0 Opening of Tender
5.1 The Tenders shall be treated confidentially and following their receipt shall be
opened in private at the offices of the Employer at a convenient time.

B2B Office Building
5.2 The Employer does not bind himself to accept the lowest or any Tender, nor is he
bound to give any reason for the rejection of any Tender. Whilst the Employer
reserves the right to waive any formality or irregularity of any Tender submitted, the
Employer also reserves the right to reject any Tender, if the Tenderer fails to submit
all details as required by the Tender documents, or if the Tender is in any way
incomplete or irregular.
5.3 The Tenders are to remain open for acceptance for a minimum period of 120 days
from the date of final Tender submission. The Employer reserves the right to extend
the Tender acceptance period, by notice in writing, for a further 30 days.
6.0 Visiting Site and Examining Documents
6.1 Prior to the submission of Tender, the Tenderer, at his own expense, shall inspect
and examine the Site and the surroundings and satisfy himself, as to the form and
nature of the Site, the scope of the Works, the means of access to the Site and in
general shall obtain all necessary information as to risks, contingencies and any
other matters which may affect the Tender.
6.2 The Tenderer shall examine, consider and shall allow for all risks arising from the
Site and its surroundings and the Tenderer shall be satisfied as to the nature and
extent of any existing works or buildings in the vicinity of the proposed Works, the
nature of the existing roads or other means of communication, the access to and
egress from the Site and Works without causing disruption to the operations and
access of the adjacent facilities. Any costs incurred due to damage or disruption of
the operations and access to adjacent facilities caused during the execution of the
Works shall be borne by the Contractor.
6.3 The Tenderer shall satisfy himself as to the available areas of land for temporary
purposes (within or without the Site), the facilities that will be required for temporary
purposes, and shall make all enquiries he deems necessary, regarding the
establishment of workyard sites, and such other additional areas as the Tenderer
may require for temporary occupation for the execution and completion of the
Works, as more fully described in the Contract.

B2B Office Building
6.4 The Tenderer shall arrange for his own local and independent examination and
enquiries as to the physical conditions prevailing at the Site. The Tenderer shall
obtain his own information on all matters that may influence the compilation of the
Tender. The Tenderer shall satisfy himself as to the risks, obligations and
responsibilities to be undertaken in the Contract to be entered into by himself
should his Tender be accepted.
6.5 The information issued within these Tender documents is given without any
guarantee of its completeness. The provision of this information does not absolve
the Tenderer from the responsibility of making all enquires necessary for the pricing
of a complete Tender submission covering all aspects of the Works.
6.6 No claim resulting from a failure of the Tenderer to take into account the conditions
and restrictions of the Site shall be considered by the Employer and the Tenderer
shall and does hereby indemnify and hold harmless the Employer against any such
claim or claims.
7.0 Indemnity of the Employer
7.1 The Tenderer and his employees, representatives or agents shall be granted
permission by the Employer to enter upon the land for the purpose of Site
inspection in connection with the proposed Tender, but only upon condition that
such persons, firms or companies, release, indemnify, and hold harmless the
Employer’s servants, representatives and agents from and against any and all
liability in respect of claims for personal injury (whether fatal or otherwise) loss of or
damage to property and any other loss, damage, costs and expenses however
caused (whether by the act or neglect of the Employer or the Employer’s servants,
representatives or agents) which but for the exercise of such permission would not
have arisen.

B2B Office Building
8.0 Doubts and Obscurities
8.1 Should there be any doubt or obscurity as to the meaning of any of the Tender
documents, or as to anything to be carried out or not to be carried out in terms of
the Contract or as to these Instructions to Tenderers or any other matter, the
Tenderer shall state in writing any such doubt or obscurity and deliver the same to
the Employer, as soon as discovered, and in any case not later than two (2) days
prior to the final date fixed for the delivery of Tenders. Upon receipt, or as soon
thereafter as possible, the Employer shall review the written notice of doubts or
obscurities and if considered appropriate, a written reply in the form of a Tender
Addendum shall be distributed to all Tenderers to whom the Tender documents
have been issued.
8.2 The Employer may issue amendments to the Tender documents, at any time, 5
days prior to the date of submission of Tenders. The said amendments shall be
issued for the purpose of amending or clarifying the documents, and shall be
distributed by Tender Addendum to all Tenderers to whom the Tender documents
have been issued.
8.3 No instruction, clarification and/or other information given verbally by the Employer
or Engineer at any meeting or discussion prior to the submission of Tenders shall
be binding or be taken into account in preparing and evaluating Tenders, unless
and until such instruction, clarification or information is confirmed in writing by the
Employer.
9.0 Materials, Plant and Labour.
9.1 The Tenderer shall make all necessary enquiries and satisfy himself as to the
source of supply, the sufficiency and the means of obtaining and transporting all
materials, labour, fuel, water, electrical current for light and power, including all tax
exemptions on Plant and Equipment for the Works and all other matters required for
the proper execution of the Works.

B2B Office Building
10.0 Working Hours
10.1 Refer to Clause 45 of the Conditions of Contract.
11.0 Pricing
11.1 The rates and prices quoted in the Tender shall be deemed to be fixed price and
shall not be subject to any price fluctuations. The Tender shall remain open for
acceptance by the Employer for the full duration of the Tender period.
11.2 The rates and prices set down by the Tenderer are to be for the full and inclusive
value of the work described thereunder and shall include for overheads, profit and
all obligations and liabilities arising under the Contract.
11.3 The filling-in and completion of the Tender documents shall be hand written in black
ink or black ballpoint. The Bill of Quantities shall be fully priced in UAE Dirhams to
reflect the amount of the Tender. Items against which no price is entered or quoted
by the Tenderer shall be deemed to be included elsewhere in the priced Bill of
Quantities.
12.0 Correction and Clarification of Tender After Submission
12.1 The Tenderer shall not be permitted to make corrections or amendments to his
Tender for any reason whatsoever after the time and final date fixed for the
submission of the Tender, and any negligence on the part of the Tenderer in
preparing his Tender shall not confer any right on the Tenderer to withdraw the
Tender.
12.2 Any correction made by the Employer or Engineer to a Tender shall be

communicated to the affected Tenderer for agreement prior to the award of the
Contract.
12.3 The Tenderer shall be prepared to stand by such correction to the Tender price,
otherwise the Tender Security shall become due and payable to the Employer in
compensation.
12.4 Failure by the Employer or Engineer to discover any error during the checking of
the Tender shall not entitle the accepted Tenderer to make a claim for payment
against an error, if such is subsequently discovered.

B2B Office Building
13.0 Tender Security
13.1 The Tenderer shall provide an irrevocable Tender Security in the format provided in
the Tender documents valid until the receipt and approval by the Employer of the
Performance Security required in the Conditions of Contract. The Tender Security
shall be in an amount stated on the Form of Tender Security (Appendix A to Form
of Tender). Such Tender Security shall be issued by a locally licensed bank
acceptable to the Employer.
13.2 The security provided by unsuccessful Tenderers shall be discharged 120 days
after the final date fixed for delivery of Tenders to the Employer, or such date that a
Tender has been accepted by the Employer and the Performance Security has
been duly provided in terms of the Contract by the selected Tenderer.
13.3 Should any Tender not be completed and submitted, as stated in the Tender
documents, the Employer reserves the right to draw upon the Tender Security for
payment in whole or part as the circumstances warrant.
14.0 Lump Sum Contract
14.1 The Tenderer should note that the type of Contract being used is of a ‘Lump sum’
type. Tenderers are instructed that the said lump sum shall be an inclusive fixed
price contract, and shall provide for all price and currency fluctuations which may
occur during the tender and contract periods, inclusive of the Defects Liability
Period. The contract price shall not be amended except by written authorized
variations issued by the engineer or by the adjustments to Provisional sums, Prime
cost sums or prime cost items, the re-measurement of quantities notified as being
provisional, or otherwise as arising under the terms of the contract.
14.2 The total Tender price stated in the Tender shall be for the complete scope of the
Works specified in the Tender and Contract documents and shall include any and
all commitment fee, insurances and all other financial charges and fees.

B2B Office Building
15.0 Tender Qualifications and Alterations to Documents
15.1 Tenders shall be submitted on the basis of the Tender documents and shall be free
of any qualifications and alterations and submitted fully in conformity with the details
contained within these Instructions to Tenderers.
16.0 Alternative Tender Offer
16.1 Alternative Tender offers will be considered only where the Tenderer has submitted
a fully compliant offer.
16.2 The Tenderer may submit an alternative Tender varying any or all of the following:
a) Construction details
b) Specification
c) Programme
16.3 Where such alternatives are offered by the Tenderer, then each of the alternatives
so offered by the Tenderer shall be clearly identified as “Alternative 1”, “Alternative
2” etc. Any effect on cost, quality or programme shall be detailed on a separate
covering letter.
16.4 The acceptance of Alternatives proposed by the Tenderer shall be at the sole
discretion of the Employer and no claim for additional expenses arising from the
submission of such Alternatives will be considered by the Employer.
16.5 In all other aspects the alternative Tender shall be deemed to conform with the
requirements of the Tender documents.
16.6 Any alterations to the design which may be proposed by the Tenderer will be
considered by the Employer, provided that the Tenderer can demonstrate that
either a quality or cost benefit would be derived by the Employer when compared
with the original. Fully detailed particulars shall be submitted to substantiate the
alternative design in the covering letter with the Tender.

B2B Office Building
17.0 Tender Evaluation
17.1 The Tenderer may be required to visit the Employer’s and or Engineer’s offices
during the period of Tender evaluation to clarify and or discuss any part of the
Tender in order to satisfy the Employer and or the Engineer that the Tenderer has
carefully considered all matters affecting the execution of the Work.
18.0 Performance Security
18.1 The Selected Tenderer shall be required to provide irrevocable Performance

Security from an Employer approved bank in the Emirate of Dubai or Abu Dhabi, in
an amount equal to ten percent (10%) of the Contract Price. Such security shall be
in the format provided in the Tender documents.
19.0 Tender Expenses
19.1 The Employer shall not be responsible for any expenses or loss which may be
incurred by any Tenderer in the preparation and submission of his Tender.
20.0 Language
20.1 The language of the Tender and the Contract shall be the English language.
20.2 All correspondence with the Employer and Engineer shall be in the English
language. The Tenderer should however, note that the Tenderer shall be
responsible for liaising with local authorities and governments departments in the
Arabic language, as required.
21.0 Documents Confidential
21.1 The Tenderer whether it submits a Tender or not, shall treat the details of these
Tender documents as strictly private and confidential.

B2B Office Building
22.0 Address of Tenderer
22.1 The Tenderer shall state in his Tender the duly authorized representative to whom
correspondence concerning the Tender may be directed and the address (including
the street and postal addresses, facsimile and phone numbers) in Abu Dhabi to
which all correspondence concerning the Tender should be forwarded.
22.2 The Tenderer shall detail in his Tender an address at which notices issued in terms
of the Contract may be validly served. All such notices shall be deemed to have
been validly served, which are left at such address. Any change of address shall be
notified to the Employer and until such notification is received the Employer shall
not be bound to take notice of any change of address.
23.0 Selected Contractor
23.1 The selected contractor shall be notified in writing directly and solely by the
Employer, and shall be required to provide all documentation requested within a
reasonable period of time and to sign the Contract within the period so specified by
the Employer.
23.2 The Tenderer shall state the name of the person responsible for signing the
Contract and shall provide proof of authority and a sample of the signature and
initials. If the person holds Power of Attorney, the relevant documents shall be duly
certified by notary public.
24.0 Joint Venture Agreements
24.1 If the Tenderer is submitting the Tender on behalf of more than one or more
separate legal entities, each such legal entity and the Tenderer shall comply with
the applicable laws of the Emirate of Abu Dhabi.
24.2 The Tenderer and each of the parties or partners of the Tenderer, if the Tenderer is
a Joint Venture of more than one person, persons, firms, corporations or other legal
entity, shall submit with his Tender evidence of his organization, nature and size
sufficient to enable the Employer to evaluate whether the Tenderer has the
financial, technical and managerial capacity to perform and meet all his obligations
under the Contract.

B2B Office Building
24.3 If the Tenderer is submitting the Tender on behalf of himself and one or more
separate legal entities, each such legal entity and the Tenderer shall upon the
written request of the Employer, enter into an agreement or agreements in form and
substance satisfactory to the Employer, which will specify the respective roles of
each such legal entity with respect to the Works, provides for joint and several
liability of each such legal entity under the Contract and addresses such other
concern of the Employer as deemed desirable.
24.4 The Tenderer and any of the organizations who form a Joint Venture with, or who
are Subcontractors to the Tenderer shall have recognized experience in the
execution of projects of similar characteristics to the Works described in the Tender
documents.
25.0 Parent or Associated Company Guarantee
25.1 The selected contractor shall be required to provide an irrevocable Parent or

Associated Company Guarantee in the format provided in these Documents should
this be deemed necessary by the Employer.
26.0 Local Law and Regulations
26.1 The Tenderer shall be deemed to conversant with all aspects of the laws, decrees,
statutes, regulations, etc. of the Emirate of Abu Dhabi and the respective ministries,
departments, agencies, etc., which are relevant to the Works described in the
Tender and Contract documents. No claim arising from a failure of the Tenderer to
take account of the foregoing in compiling the Tender shall be considered by the
Employer.

SCHEDULE OF APPENDICES
B2B Office Building

MAIN WORKS CONTRACT
SCHEDULE OF APPENDICES
This Schedule forms a check list against which the Tenderer must confirm that he has completed
and included the Tender Submittal Requirements, which are an essential provision of this Tender :
Appendix Details Completed
THIS SCHEDULE OF APPENDICES

Tenderer to stamp and initial
A FORM OF TENDER SECURITY

Tenderer to provide in the prescribed format
B CASH FLOW CHART

Tenderer to complete, stamp and sign
C TENDER ADDENDA
Tenderer to stamp and sign
D SITE VISIT
E AUTHORISED REPRESENTATIVE AND POWER OF ATTORNEY

F TENDER PROGRAMME
G METHOD OF CONSTRUCTION
H KEY PERSONNEL
I ORGANISATION CHART
J MANPOWER SCHEDULE
K PLANT AND EQUIPMENT

Tenderer to complete, stamp and sign.
L PROPOSED DOMESTIC SUB-CONTRACTORS AND SUPPLIERS

M APPROVED SUB-CONTRACTORS AND SUPPLIERS Tenderer to

complete, stamp and sign
Khatib & Alami CEC Page 1 of 27 Schedule of Appendices

B2B Office Building
SCHEDULE OF APPENDICES, cont’d.
Appendix Details Completed
N QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES

O CURRENT AND VALID TRADE LICENCE

Tenderer to provide.
P HEALTH AND SAFETY POLICY.

Q EXTERNAL MANAGEMENT OR TECHNICAL ASSISTANCE

R DETAILS OF OVERHEADS AND PROFIT.

Tenderer to provide, stamp and sign
S DETAILS OF VARIATIONS.
Tender to provide, stamp and sign
T BREAKDOWN OF PRELIMINARIES ITEMS.

U SPECIAL ATTENDANCES.
V JOINT VENTURE AGREEMENTS.

Tenderer to provide
W ALTERNATIVE TENDER OFFERS.

Tenderer to detail and submit if appropriate
X RATE BREAKDOWN
Y SPECIMEN FORM OF PERFORMANCE SECURITY

B2B Office Building
APPENDIX A – FORM OF TENDER SECURITY
B2B Hotels and Properties L.L.C. Date:…………………… 2010

3rd Floor, Al Fahim Headquarters,
Mussafah, P.O. Box 4824,
Abu Dhabi, U.A.E
Dear Sir,
B2B OFFICE BUILDING
GUARANTEE NO……………….
At the request of……………………………………………………………………………….
(hereinafter called ‘the Tenderer’) Post Box No. ………, Dubai, we hereby unconditionally agree to
hold at the disposal of B2B Hotels and Properties LLC, including successors in title and assign
(herein after referred to as the Employer)
the sum of UAE Dhs 2,000,000.00 (AED Two Million only)
as a Tender Guarantee. This Tender Guarantee shall be free of interest and payable in cash on
your first written demand in the manner ordered, without the Tenderer 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 Tender Guarantee is valid for 90 calendar days from the final date of tender opening and
renewable before expiry for a further 30 calendar days, if requested in writing by the Employer.
This guarantee shall be returned to us upon its expiry or upon fulfillment of our undertaking
whichever is the earlier.
Yours faithfully,
(Authorized Signature and Bank Seal)
Name:………………………………………….
Designation:…………………………………..

B2B Office Building
APPENDIX B – Cash Flow Chart
The Tenderer shall submit with his Tender a Cash Flow chart forecasting the value of anticipated
monthly payments the Tenderer considers shall become due in terms of the Contract.
Signed: ________________________________
Duly authorized to sign

For and on behalf of: ________________________________
Date: ________________________________

B2B Office Building
APPENDIX C – Tender Addenda
The Tenderer confirms that the Tender Addenda listed below have been incorporated in the Tender
Price.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX D – Site Visit
We hereby confirm that we have inspected the site and accept the Site conditions and the risks
associated therewith and have no outstanding queries on any matters concerning the Site.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX E – Authorized Representative and Power of Attorney
The Tenderer shall submit a statement giving the names of the person(s) duly authorized to sign
agreements on behalf of the Tenderer’s company, together with a notarized copy of the respective
Power of Attorney to sign on behalf of the Tenderer.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX F – Tender Programme
The Tender shall submit with his Tender an overall programme and time schedule covering all
principal construction events, and where appropriate commissioning, acceptance tests, and handing
over the works to meet the times as per Contract Construction Period. Cut-off dates for nomination
of provisional sums and prime cost items should also be stated.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX G – Method of Construction
The Tender shall detail an outline of his proposed method of construction which shall clearly define
the sequence of construction events, the co-ordination of the works and all other factors to provide
the Engineer with the opportunity to properly evaluate the Tenderer’s proposal.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX H – Key Personnel
The Tenderer shall detail the names and qualifications of the key personnel who shall be
responsible for the Works. These details shall include qualifications, relevant experience and
current position held within the Tenderer’s organization.
1 Project Director
2 Project Manager
3 Senior Quantity Surveyor / Contracts manager
4 Design Manager/Coordinator
5 Procurement Manager
6 Planning Engineer (Primavera P3 Proficient)
7 Construction Manager
8 Senior MEP Service Coordination Manager
9 Logistics Manager
10 Section Engineer
11 Quality Manager
12 Health and Safety Manager
13 Others
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX I – Organization Chart
The Tender shall detail and submit his “Organization Chart” which shall identify both his proposed
on-site and off-site organization.
(Note: Additional pages may be added by the Tenderer, if required).
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX J – Manpower Schedule
The Tenderer shall detail and submit his proposed manpower for the entire duration of the project.
This shall identify separately, manpower which he has currently available within his existing
resources.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX K – Plant and Equipment
The Tenderer shall detail below the make, model and year of manufacture of the major key items of
plant and equipment he proposes to utilize during the carrying out of the Works, identifying
separately those, which he has currently available within his existing resources.
Description Make Model and Year of Present Location No. of Units

Manufacturer
1) ……………………………………………………………………
2) ……………………………………………………………………
3) ……………………………………………………………………
4) ……………………………………………………………………
5) ……………………………………………………………………
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX L – Proposed Domestic Sub-Contractors and Suppliers
The Tenderer shall submit a schedule of all proposed Domestic Subcontractors and Suppliers,
intended to be used for elements of work, indicating the element of work to be performed by each.
Name of Proposed Sub- Element of Works Approximate value

contractors
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX M – Approved Sub-Contractors and Suppliers
The Tenderer shall submit for the approval of the Engineer the names of all specialist contractors
and suppliers covered by the Provisional or Prime Cost Sums section of the Bill of Quantities, the
proposes to use during the execution of the Works, together with a statement of the work to be
executed by each of these specialist contractors.
Name of Proposed Sub- Element of Works Bill Item Reference

contractors
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX N – Quality Assurance/Quality Control Procedures
The Tender shall comply with the Contractors Quality Assurance and Quality Control Procedures,
covering all aspects of the construction of the Works, which shall comply with recognized
international standards.
(Note: Additional Pages may be added by the Tenderer, if required).
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX O – Current and Valid Trade License
The Tenderer shall submit a copy of his current and valid trade license.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX P – Health and Safety Policy
The Tenderer shall submit the details of his Health and Safety Policies to be adopted for the
duration of the Works.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX Q – External Management or Technical Assistance
The Tenderer shall submit with his Tender details of any third party Construction Management or
Technical Assistance Agreements he propose to enter into for the Works.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX R – Details of Overheads and Profit
The Tenderer shall submit separate statements identifying the levels of overheads and of profit that
have been incorporated within the compilation of the Tender Price. The statements shall be
supported with sufficient evidence and calculations to verify that the statements are correct.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX S – Details of Variations
The Tenderer shall submit with his Tender separate details of the Overheads and the Profit, which if
applicable would be added to contract variations issued in terms of Clause 51 of the General
Conditions of Contract.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX T – Breakdown of Preliminaries and General Requirements Items
The Tenderer shall submit with his Tender a detailed breakdown of all priced items of Bill No. 1,
Preliminaries and General Requirements forming part of the Bill of Quantities. This breakdown of
the items should be in such a format, as to clearly identify any “Set-Up”, “Time Related” and
“Dismantling Elements” of the costs.
(Note: Additional Pages may be added by the Tenderer, if required).
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX U – Special Attendances
Pursuant to the outstanding requirements of the “Subcontract Works” Section of the Preambles to
the Bill of Quantities, the Tenderer shall submit details of all “Special Attendance” items which he
deems necessary for the proper execution of the Subcontract Works. These “Special Attendance”
items will be in addition to the General Attendance and Builder’s Work items.
(Note: Additional pages may be added to the Tender, if required).
Not Required
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX V – Joint Venture Agreements
Pursuant to Item 24 of the Instructions to Tenderers, the Tenderer shall submit details of any Joint
Venture Agreements that will impact upon this agreement.
(Note: Additional pages may be added by the Tendered, if required).
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX W – Alternative Tender Offers
Pursuant to Item 16 of the Instructions to Tenderers, the Tenderer shall submit details of any
alternative Tender Offers. Such alternatives must be detailed in accordance with the noted clause.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX X – Rate Breakdowns
The Tenderer shall submit separate detailed rate breakdowns (price analysis schedule) for all priced
items contained within the Bill of Quantities, indicating the allocation between labour, plant and
materials.
Signed: ________________________________

Date: ________________________________

B2B Office Building
APPENDIX Y – Specimen Form of Performance Security
(ON BANK LETTER HEAD)
Date:

Abu Dhabi, U.A.E
Dear Sir,
Subject: Our Performance Security No.:………………………. For Dhs.:…………………………
As Messrs………………………………………………………………………………………………...
(hereinafter called “the Contractor”) have declared that their Tender for the above named Works has
been accepted, we hereby undertake to hold at your disposal the sum of Dhs……………………..{in
figures} (U.A.E. Dirhams ……………………..……………….………… {in words}, being 10% of the
Contract Price, as a Performance Security. This Security shall be free of interest and payable in
cash on your first written 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.
The Security is valid from …………………………….………. {contract commencement date} to

…………………………. {scheduled time for completion date as per the letter of acceptance}
and shall before expiry, be automatically renewed until a Defects Liability Certificate has been
issued or until advised by you that the contract has been fulfilled. No claim shall be made against
this Security after the issue of the Defects Liability Certificate.
Yours Faithfully,
{Authorized Signature {Authorized Signature

and Bank Seal} and Bank Seal}
Name: Name:
Designation: Designation:

FORM OF TENDER
B2B Office Building

MAIN WORKS CONTRACT
FORM OF TENDER
(Note: The Appendix to Form of Tender forms part of the Tender, and the Tenderer is required to
complete all the blank spaces in this Form of Tender and the accompanying Appendices)
To :

Abu Dhabi, U.A.E
Dear Sirs,
1. We have examined Volumes I to V of the Tender documents and the matters set out in
the Appendices hereto for the execution of the above named works.
We accordingly offer to execute and complete the Works and remedy any defects
therein, in conformity with this Tender which includes all of these documents.
We undertake if our Tender is accepted to commence the Works upon the date
specified in the Letter of Intent/Acceptance and complete and deliver the whole of the
Works within the Time for Completion, as defined in the Appendix to Tender for the sum
of
U.A.E. Dhs …………………………………………………………………………………..……
(U.A.E.Dirhams in words…..…………………………………………………………………….
……………………………………………………………………..) or such other sum as may

be ascertained in accordance with the Conditions of Contract.
2. We agree to abide by this Tender for a period of 120 days from the final date of Tender
submission and at the Employer’s instruction in writing, a further 30 days, and this
period shall remain binding upon us and this Tender may be accepted at any time prior
to the expiration of this period.
3. If our Tender is accepted, we will provide when required the Performance Security from
a locally licensed bank, acceptable to the Employer, to be jointly and severally bound
with us in the sum of ten percent (10%) of the Contract Price for the due performance of
the Contract in accordance with its terms and conditions.
4. We undertake if our Tender is accepted, to complete and deliver the whole of the Works
comprising of the Contract within the time stated in the Appendix to the Form of Tender
and confirm the period(s) stated include all Fridays, Public Holidays etc., and other non-
working days caused by inclement weather, etc. and shortened working hours during
the Holy Month of Ramadan.
….cont’d.
Khatib & Alami CEC Page 1 of 4 Form of Tender

B2B Office Building
FORM OF TENDER, cont’d.
5. In the event of our Tender being accepted, and until a formal Agreement is prepared
and executed, this Tender, together with your Letter of Acceptance thereof, shall
constitute a binding Contract between us.
6. We understand that you are not bound to accept the lowest or any Tender you may
receive.
7. We acknowledge receipt of the following Tender Addenda and confirm that we have
taken account thereof in our Tender.
Reference number: Date:
……………………………………………… ……………………
……………………………………………… ……………………
……………………………………………… ……………………
……………………………………………… ……………………
Dated this ……………………………… day of ………………………………
Signature: ……………………………………………………………
Name: ………………………………………………………………
In the capacity of: ………………………………………………………………
Duly authorized to sign Tenders for and on behalf of:
Company: ………………………………………………………………
Address: ………………………………………………………………
..…………….……………………………………………….
Witness Signature: ………………………………………………………………
Name: ………………………………………………………………
Address: …………………………….…………………………………
………………….…..…….…………………………………

B2B Office Building

MAIN WORKS CONTRACT
APPENDIX TO FORM OF TENDER
Performance Security 10.1 10% of Contract Price-Validity till end of

Defect Liability Period.
Qualification and Experience 15.1 20 years with University Degree in Civil /

Arch. Engineering equivalent to B.Sc or
higher admitted in the U.A.E., and have
experience of a similar job. Qualifications
should be accepted and certified by the
Engineers Association in U.A.E. or to ask for
memberships.
Insurance of the Works. etc 21.1(a) 100% of Contract Price for contract duration
plus maintenance period.
Minimum Amount of Third Party 23.2 AED 5,000,000.00 (UAE Dirhams Five Million
Insurance only) for any incident. Number of incidents
unlimited.
Period for Commencement 41.1 10 days.
Time for Completion from The 43.1 540 calendar days including mobilization.
Commencement Date
Engineer’s Overtime 45.2 Working beyond normal working hours or

holidays:
i) Resident Engineer – AED 550/- per hour.
ii) Site Engineer – AED 450/- per hour per
Engineer
iii) Inspectors – AED 200/- per hour per
Inspector
Penalty for Delay 47.1 AED 100,000/- per day.
Maximum Penalty 47.1 10% of Contract Price.
Engineer’s Supervision 47.3 Upon delay of construction works, the

Contractor shall pay supervision fees of the
Engineer based on:
i) Resident Engineer – AED 4,000/- per day.
ii) Site Engineer – AED 3,000/- per day per
Engineer
iii) Inspectors – AED 1,500/- per day per
Inspector
Defects Liability Period 49.1 12 calendar months from the Date of issue of
Taking Over Certificate.

B2B Office Building
APPENDIX TO FORM OF TENDER (CONTD)
Percentage for adjustment of 59.4(c) Not applicable.

Provisional Sum
Percentage of invoice Value of listed 60.1(c) 80%

materials
Percentage of Retention 60.2(a) 10%
Limit of Retention 60.2 10% of Contract Price.
Minimum amount of Certificate 60.2 AED 5,000,000.00
Time for Payment by Contractor 60.10 The Main Contractor will receive payment 30
following days after submission of the application. The
sub-contractor will receive payment within a
further 7 days.
Rate of Interest on unpaid sums 60.10 Nil.
Advance Payment 60.12 10% against Bank Guarantee.
Contractor’s Address 68.1 …………………………………………

…………………………………………
Employer’s Address 68.1 B2B Hotels and Properties L.L.C.

rd
3 Floor, Al Fahim Headquarters,
Abu Dhabi, U.A.E
Dated this ...............…………… day of …………………………………Two Thousand Ten
Signature : ……………………………………………
Signed by : ……………………………………………
In the capacity of : ……………………………………………
Duly authorized to sign for and on behalf of : ……………………………………………

(IN BLOCK LETTERS)
Address : ……………………………………………
Witness : ……………………………………………
Address : ……………………………………………
Occupation : ……………………………………………

FORM OF CONTRACT AGREEMENT
B2B Office Building

MAIN WORKS CONTRACT
FORM OF CONTRACT AGREEMENT
THIS AGREEMENT made the ………………….. day of ………………………….. ……2010
Between
_____________________
__________________
(hereinafter called “the Employer” which expression shall include the

Employer’s successors in title and assigns) of the one part
and
_____________________
__________________
(hereinafter called “the Contractor”) of the other part.
WHEREAS the Employer is desirous that certain works shall be executed by the Contractor and has
accepted a Tender by the Contractor for the 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 :
Dhs……………………………………………………………………………………
(hereinafter referred to as “the Contract Price”) or such other sum as may become payable
under the Contract in consideration for the 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. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:-
a. Letter of Intent
b. Form of Tender
c. Instructions to Tenderers
d. Appendix to Form of Tender
e. Conditions of Contract
f. Specifications
g. Drawings
h. Bills of Quantities
i. Addenda and Circular Letters (if any)
j. Post Tender Correspondences
….cont’d.
Khatib & Alami CEC Page 1 of 3 Form of Contract Agreement

B2B Office Building
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 utilize
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 execute and complete the
Works and remedy any defects therein inconformity in all respects with the provisions of the
Contract.
6. The Employer hereby covenants to pay the Contractor in consideration of the 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.
7. This contract is a personal contract with B2B Hotels and Properties L.L.C. and neither its
shareholders (including TDIC), nor any of their directors, officers, employees and agents
assume any liability or give any warranty or undertaking in relation to the subject matter of the
Contract or the performance of B2B Hotels and Properties L.L.C obligations under the Contract,
and upon receipt of notice from TDIC, it will enter into a Novation agreement whereby the rights
and obligations of B2B Hotels and Properties L.L.C under this Contract are transferred to TDIC
as if TDIC had originally executed this Contract.
cont’d.

B2B Office Building
IN WITNESS whereof the authorized representatives of the parties have hereunto set their
respective hands the day and year first above written.
Signed by: ….………………………………….
Name: ……………………………………..
Duly authorized to sign this Agreement for and on behalf of the Employer,
In the presence of:
Name : ………………………………………
Signature: ………………………………………
Address: ..………………………………………………………………………….
Occupation: ……………………………………………………………………………
Signed by: …………………………………..
Name: …………………………………..
Duly authorized to sign this Agreement for and on behalf of the Contractor,
In the Presence of:
Name : …………………………………..
Signature: …………………………………..
Address: …………………………………………………………………………………
Occupation: …………………………………………………………………………………

B2B Office Building

MAIN WORKS CONTRACT
PART I - GENERAL CONDITIONS
The General Conditions of Contract shall be those contained within Part I of the Conditions of Contract
for works of Civil Engineering Construction, Fourth Edition 1987, reprinted in 1992, published by
Federation International des Ingenieurs-Conseils (FIDIC). The clauses of these conditions shall be
considered valid and binding in relation to the present contract, insofar as they are relevant and within
the laws of the United Arab Emirates.
Tenderers are deemed to be in possession of their own copy of the above document at Tender stage
and to be fully aware of and have understood the contents therein.
The General Conditions shall be read in conjunction with the Conditions of Particular Application in
Part II, which shall override or supersede or modify the General Conditions.
End of Part I
__________________________________________________________________________________
Khatib & Alami (CEC) Conditions of Contract-
General Conditions
Page PI-COC-1
B2B Office Building

MAIN WORKS CONTRACT
PART II – CONDITIONS OF PARTICULAR APPLICATION
These Conditions of Particular Application shall override or superseded or modify the General
Conditions in Part I (Clause references are as in Part I – General Conditions).
CLAUSE 1
Sub-Clause 1.1 - Definitions
(a)(i) The Employer is - M/s. B2B Hotels and Properties L.L.C.

3rd Floor, Al Fahim Headquarters, Mussafah,
P.O. Box 279
Abu Dhabi – U A.E.
(iv) The Engineer is - Khatib & Alami

(Consolidated Engineering Co.)
P.O. Box 2732
CLAUSE 5
Sub-Clause 5.1 – Language/s and Law
(a) The language is English.

(b) The law is that in force in the United Arab Emirates.
Sub-Clause 5.2 – Priority of Contract Documents
Delete the text of the sub-clause and substitute:-
Except if and to the extent otherwise provided by the Contract the provisions of the Conditions
of Contract shall prevail over those of any other document forming part of the Contract.
Subject to the foregoing the several documents forming the Contract are to be taken as
mutually explanatory of one another, but in case of ambiguities or discrepancies the same
shall be explained and adjusted by the Engineer who shall have authority to issue to the
Contractor such instructions. No instructions issued under this Clause will constitute a
variation.
__________________________________________________________________________________
Conditions of Particular Applications
Page PII-COC-1
B2B Office Building
CLAUSE 10
Sub-Clause 10.1 – Performance Security
Add the following para:
Wording of the performance security shall be as stipulated in the Form of Performance

Security attached to the Schedule of Appendices section.
Sub-Clause 10.2 – Period of Validity of Performance Security
Add the following para:
In the event of delays, the Performance Security shall before the expiry date be automatically
renewed until a Defects Liability Certificate has been issued or until advised by the Employer in
writing that obligation under the Contract have been fulfilled.
CLAUSE 14
Sub-Clause 14.1 – Programme to be Submitted
The time within which the programme shall be submitted shall be 14 days.
Sub-Clause 14.3 – Cash Flow Estimate to be Submitted
The time within which the detailed cash flow estimate shall be submitted shall be 14 days.
Add the following sub- clauses:
Sub-Clause 14.5 – Schedule of Approvals
The Contractor shall prepare a Schedule of Approvals for all material, sub-contractors and
drawings. This shall be submitted to the Engineer for his consent within 14 days of the date of
the Letter of Acceptance.
Sub-Clause 14.6 – Monthly Reports
Add this Sub-Clause with the following text
Contractor shall submit to the Engineer after the end of each month (within 1st week of next
month) in three copies, each signed by the Contractor's Project Manager approved by the
Engineer in accordance with Sub-Clause 15.1, of a Monthly Report in such form as the
Engineer may from time to time prescribe. This Report shall include, but not be limited to, the
following:
(1) Progress Report which shall describe progress achievements and highlighting any
matters of concern;
(2) Programme which shall be a bar chart indicating planned and actual progress;
__________________________________________________________________________________
Page PII-COC-2
B2B Office Building
(3) Progress Curve which shall be a tabular, graphical representation of planned and actual
levels of progress;
(4) Work Force Histogram which shall be a tabular and graphical representation indicating
baseline and actual levels;
CLAUSE 15
Add the following Sub-clause:
Sub-Clause 15.2 – Language Ability of Contractor's Representative
The Contractor's authorised representative on site shall be capable of speaking and writing
English fluently.
CLAUSE 34
Add the following Sub-Clauses:
Sub-Clause 34.2 – Supply of Water
The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for the use of his staff and labour.
Sub-Clause 34.3 – Alcoholic Liquor or Drugs
The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances and
Government Regulations or Orders for the time being in force, import, sell, give, barter or otherwise
dispose-off any alcoholic liquor or drugs, or permit or offer any such importation, sale, gift, barter or
disposal by his Subcontractors, agents, staff or labour.
Sub-Clause 34.4 – Arms and Ammunition
The Contractor shall not give, barter or otherwise dispose-off to any person or persons, any arms
or ammunition of any kind or permit or offer the same as aforesaid.
Sub Clause 34.5 – Festivals and Religious Customs
The Contractor shall in all dealings with his staff and labour have due regard to all recognised
festivals, days of rest and religious or other customs.
Sub Clause 34.6 – Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and
carry out such regulations, orders and requirements as may be made by the Government, or the
local medical or sanitary authorities, for the purpose of dealing with and overcoming the same.
__________________________________________________________________________________
Page PII-COC-3
B2B Office Building
Sub Clause 34.7 – Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by or amongst his staff and labour and for the preservation of peace and
protection of persons and property in the neighbourhood of the Works against the same.
Sub-Clause 34.8 – Labour Regulations
The Contractor shall fully comply with all U.A.E. Government Regulations and orders with
respect to the employment of his personnel.
Sub Clause 34.9 – Observance by Sub-Contractors/Vendors/Suppliers
The Contractor shall be responsible for observance by his sub-contractors of the requirements of
this Clause.
Sub-Clause 34.10 – Accident Prevention Officer
The Contractor shall have on his staff at the Site an officer dealing only with questions
regarding the safety and protection against accidents of all staff and labour. This officer shall
be qualified for this work and shall have the authority to issue instructions and shall take
protective measures to prevent accidents.
CLAUSE 45
Sub-clause 45.2 – Engineer's Overtime
In the event that the Engineer is obliged to supervise the Contractor's operations in excess of
8 hours per working day, or on Fridays or declared Public Holidays, or during the month of
Ramadan, the duration of such overtime shall be agreed between the Engineer and the
Contractor and approved by the Employer. Payment will be made to the Engineer by the
Employer who will deduct the agreed amount from monies due to the Contractor certified by
the Engineer in the payment certificates. Overtime rates shall be as set out in the Appendix to
Form of Tender.
__________________________________________________________________________________
Page PII-COC-4
B2B Office Building
CLAUSE 47
Delete Sub-clause 47.1 and replace with the following:
Sub-clause 47.1 – Penalty for Delays
If the Contractor shall fail to complete the Works including commissioning within the time
prescribed by Clause 43.1 hereof or extended time then the Contractor shall pay to the
Employer the sum stated in the Appendix to Form of Tender as penalty for such default for
every day or part of a day which shall elapse between the time prescribed by Clause 43.1
hereof or extended time as the case may be and the date stated in the Taking Over Certificate.
The Employer may without prejudice to any other method of recovery and without necessity of
any court action or legal proceedings deduct the amount of such penalty for delays from any
monies in his hands due or which may become due to the Contractor. The payment or
deduction of such damages shall not relieve the Contractor from his obligation to complete the
Work or from any of his other obligations and liabilities under the Contract.
Sub-clause 47.3 – Engineer's Supervision
In the event that the Engineer is obliged to supervise the Contractor's operations after the
period named in the Contract for the completion of the Works, the cost to the Engineer of such
supervision shall be as set out in Appendix to Form of Tender. Payment will be made to the
Engineer by the Employer who shall deduct the agreed amount from the monies due to the
Contractor certified by the Engineer in the payment certificates.
CLAUSE 52
Sub-clause 52.1 – Valuation of Variations
“Delete the text of the Sub-clause and substitute.
All variations referred to in Clause 51 and any additions to the Contract Price which are
required to be determined in accordance with Clause 52 (for the purposes of this Clause
referred to as “varied work”), shall be valued at the rates and prices set out in the Contract if, in
the opinion of the Engineer, the same shall be applicable. If the Contract does not contain any
rates and prices applicable to the extra or additional or omitted work or if any rates and prices
stated in the Contract are unreasonable in the opinion of the Engineer then suitable rates /
prices shall be determined in line with the following basis of calculation for each element of
work:
a) Actual cost of material delivered to site.

b) Actual cost of labour.
c) Actual cost of plant and machinery.
Actual costs shall not include any off site or on site management costs or other overheads.
__________________________________________________________________________________
Page PII-COC-5
B2B Office Building
Overall mark-up for each type of work have to be agreed upon between the Engineer and the
Contractor according to nature of work, but not exceeding the following maximum limits for
each type of work:
a) For work performed directly by the Contractor: - 10% of actual costs

b) For work performed by Subcontractors other than nominated Subcontractors:
. Subcontractors' mark-up = 10 % of actual costs.

. Contractor's mark-up = 8 % of Subcontractors cost (exclusive of mark-up).
c) For work performed by nominated Subcontractor (nominated by the Client):
. Nominated Subcontractor' mark-up = 10 % of actual costs

. Contractor's mark-up = 8% of nominated Subcontractor's cost (exclusive of mark-up).
Actual rates and prices should be calculated after all trade discounts and the Contractor should
support the cost estimate for each element of related works by the provision of evidence of
applicable actual expenditure to the satisfaction of the Engineer.
The Contractor shall bind his Subcontractors to the same method of calculation and mark-up
limits for the cost of variations as the Contractor is bound under this clause.
In the event the Contractor is entitles to additional payment with regard to the Preliminaries
item as a result of Extension of Time, such amount shall be limited to the recurring cost only
during the approved extended period, based upon pro-rated time basis from the priced
Preliminaries in the Bill of Quantities.
Wherever the BOQ rates are used in the evaluation of variations as per the first sentence of
the first paragraph of sub-clause (52.1), the Contractor shall not be entitled for any mark-up
and shall not be entitled for any additional payment.
Sub-Clause 52.3 – Variations Exceeding 15 percent
In the heading and text of the Sub-Clause delete the words “15 percent” and substitute “25
percent”.
CLAUSE 55
Sub-Clause 55.1 – Quantities
Add the following at the end of this Sub-clause:
“The Contractor shall check these quantities in the Bills of Quantities and shall be responsible
for their accuracy. No adjustment will be made in the event of any error or omission in the
quantities being discovered after signing the Contract”.
__________________________________________________________________________________
Page PII-COC-6
B2B Office Building
CLAUSE 56
Sub-Clause 56.1 – Work to be measured
Delete entire Sub-clause and substitute –
“The Contract is for a lump sum and is not subject to re-measurement. If the work is varied by
the Engineer, only that part varied will be re-measured. If the Engineer requires any part or
parts of the Works to be measured, he shall give notice to the Contractor who shall forthwith
send a qualified agent to carry out such measurement. The Contractor shall furnish the
Engineer with all particulars and measurements he requires for checking and approval.
Should the Contractor not attend or neglect or omit to send such an agent then the
measurement made by the Engineer or approved by him shall be taken to be correct
measurement of the work. Quantities of work omitted shall be re-measured from the original
Contract drawings and shall be agreed by the Engineer before the value of a variation is
calculated”.
CLAUSE 57
Sub-clause 57.2 – Breakdown of Lump Sum Items
Add the following at the end of this Sub-clause:
The following information concerning the Contract Price shall be provided:

a) A breakdown of all lump sums included in the Tender.
b) A breakdown of all unit rates and prices contained in the priced Bill of Quantities, showing
the costs of labour, materials, plant and other charges.
The Engineer shall have the right to request and the Contractor shall provide a further
breakdown of all unit rates and prices including a detailed breakdown of “other charges”.
CLAUSE 59
Sub-Clause 59.5 – Certification of Payments of Nominated Sub-Contractors
Delete para commencing with “the Employer shall ---- ” and ending with “--------to the
Contractor” and substitute with the following:-
“the Engineer shall have powers to with-hold all further interim payments, till such period the
Contractor provides reasonable proof that all payments, less retentions, included in previous
certificates have been paid or discharged by the Contractor to his sub-contractors.
Alternatively the Employer shall be entitled to pay to such Sub-Contractor direct, upon the
certificate of the Engineer, all payments, less retentions, provided for in the Sub-Contract,
which the Contractor has failed to make to such Sub-Contractor and to deduct by way of set-
off the amount so paid by the Employer from any sums due or which may become due from
the Employer to the Contractor”.
__________________________________________________________________________________
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B2B Office Building
CLAUSE 60
Sub-Clause 60.2- Monthly Payment
Add the following paragraphs
Before issuing, any interim payment certificate, which includes any payment in respect of work
done or goods, materials or services supplied by any of the Sub-Contractors of the Contractor,
the Engineer shall be entitled to demand from the Contractor reasonable proof that all
payments, less retentions, included in previous certificates in respect of the work or goods,
materials or services of such Sub-Contractor have been paid or discharged by the Contractor,
in default whereof unless the Contractor shall
a) inform the Engineer in writing that he has reasonable cause for withholding or refusing to
make such payments and
b) produce to the Engineer reasonable proof that he has so informed such Sub-Contractor
in writing,
the Engineer shall have powers to with-hold all further interim payments, till such period the
Contractor provides reasonable proof that all payments, less retentions, included in previous
certificates have been paid or discharged by the Contractor to his sub-contractors.
Alternatively the Employer shall be entitled to pay to such Sub-Contractor direct, upon the
certificate of the Engineer, all payments, less retentions, provided for in the Sub-Contract,
which the Contractor has failed to make to such Sub-Contractor and to deduct by way of set-
off the amount so paid by the Employer from any sums due or which may become due from
the Employer to the Contractor.
Provided always that, where the Engineer has certified and the Employer has paid direct as
aforesaid, the Engineer shall in issuing any further certificate in favor of the Contractor deduct
from the amount thereof the amount so paid, direct as aforesaid.
Sub-Clause 60.10 – Time for Payment
In the first sentence delete sentences “within 28 days after such interim certificates has been
delivered to the Employer” and substitute "30 days after submission of the application".
Add the following at the end of the Sub-clause:-
The Employer shall have the power to with-hold all further interim payment, should the
Contractor fails to submit the following:
a) Revised programme in accordance with Sub-clause 14.2 (Revised Programme)
b) Progress monthly report in accordance with Sub-clause 14.6 (Monthly Report)
Interval of payment application shall be a minimum of 30 days.
__________________________________________________________________________________
Page PII-COC-8
B2B Office Building
Add the following Sub-Clauses
Sub-Clause 60.11 – Currency
The currency for the contract shall be U.A.E. Dirhams (AED).
Sub-Clause 60.12 – Advance Payment
An Advance Payment of the amount stated in Appendix to Form of Tender shall, following the
presentation of the Contractor to the Employer of an approved performance Bond in
accordance with Clause 10.1 hereof and a guarantee of one of the approved banks on terms
approved by the Employer for the full value of the Advance Payment, be certified by the
Engineer for Payment to the Contractor.
The Advance Payment shall not be subject to retention. The Advance Payment shall be repaid
in monthly installments at the same percentage value of the advance payment of the value of
the monthly Certificate commencing from the second month of the Contract Period. Provided
that upon the issue of a Certificate for Substantial Completion for the whole of the Works under
Clause 48 hereof or upon the happening of any of the events specified in Sub-clause 63.1 or
termination under clause 65, 66 or 69, the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the Employer.
CLAUSE 67
Sub-Clause 67.3 – Arbitration
Delete the words "International Chamber of Commerce by one or more arbitrators under such
Rules" and substitute "Abu Dhabi Chamber of Commerce”
CLAUSE 68
Sub-Clause 68.2 – Notice to Employer and Engineer
For the purposes of this Sub-clause the respective addresses are:
The Employer is - M/s. B2B Hotels and Properties L.L.C.

3rd Floor, Al Fahim Headquarters, Mussafah,
P.O. Box 279
Abu Dhabi – U A.E.
The Engineer is - Khatib & Alami

(Consolidated Engineering Co.)
P.O. Box 2732
__________________________________________________________________________________
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B2B Office Building
CLAUSE 70
Sub-Clause 70.1 – Increase or Decrease in Cost
Delete entire clause and substitute –
“No adjustments to the Contract Price shall be made in respect of rise or fall in the costs of
labour and / or plant and / or materials or any matters affecting the costs of execution of the
Works except as provided elsewhere in the Contract”.
Sub-Clause 70.2 – Subsequent Legislation
Delete first line and substitute -
“If, subsequent to the latest date of submission of tenders for the Contract”.
CLAUSE 72
Sub-Clause 72.1 – Rate of Exchange
Delete entire sub-clause.
Sub-Clause 72.2 – Currency Proportions
Sub-Clause 72.3 – Currencies of Payment for Provisional Sums
__________________________________________________________________________________
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B2B Office Building
ADD THE FOLLOWING CLAUSES
CLAUSE 73
Sub-Clause 73.1 – Boycotts
The Contractor shall ascertain and comply with any Government regulations concerning the
boycott of Israel.
The Contractor shall indemnify the Employer against any penalty which may arise as a result
of breach of Boycott laws and regulations.
CLAUSE 74
Sub-Clause 74.1 – Bribery

Any commission, advantage, gift, gratuity reward or bribe given, promised or offered by or on
behalf of the Contractor or his agent or servant or any other person on his or their behalf to
any officer servant representative or agent of the Employer or the Engineer or the Engineer's
representative or to any person on their behalf or on behalf of any of them in relation to the
obtaining or the execution of this or of any other contract with the Employer shall, in addition to
any criminal liability which may be thereby incurred, subject the contractor to the cancellation
of this and of all other contracts which he may have entered into with the Employer and also to
the payment of any loss or damage resulting from such cancellation. The Employer shall be
entitled upon a certificate in writing from the Engineer to deduct the amounts so certified from
any monies or otherwise due to the Contractor under this or any other contract or to recover
the said amounts as a debt due or partly the one and partly the other as the Employer shall
deem advisable.
CLAUSE 75
Sub-Clause 75.1 – Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential, save in so far
as may be necessary for the purpose thereof, and shall not publish or disclose the same or
any particulars thereof in any trade or technical paper or elsewhere without the previous
consent in writing of the Employer or the Engineer. If any dispute arises as to the necessity of
any publication or disclosure for the purpose of the Contract the same shall be referred to the
decision of the Employer whose award shall be final.
CLAUSE 76
Sub-Clause 76.1 – Penalty for Provision and Maintenance of Diversions

If the Contractor fails to provide or maintain the diversions for roads and services according to the
Contract after written notification by the Engineer or the Engineer's Representative then the
Employer shall be entitled to employ and pay other persons to carry out the required works and all
expenses 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 shall not relieve the Contractor from his obligations to complete the Works, or from
any other of his obligations and liabilities under the Contract.
__________________________________________________________________________________
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B2B Office Building
CLAUSE 77
Sub-Clause 77.1 – Indemnity to Employer’s Officials and Engineer

If the Employer has to pay any money in respect of any claims or demands in respect of any
indemnity which the Contractor is to provide, the amount so paid and the cost incurred by the
Employer shall be charged to and paid by the Contractor, provided always that the Employer shall,
if circumstances permit, give to the Contractor reasonable opportunity of examining such claims or
demands before payment. In the event of the Contractor disputing the amount of any payment
(except payments made in accordance with legal obligations or after approval by the Contractor)
then the Contractor shall have the right to dispute the matter, and refer it to Arbitration in
accordance with the provisions herein contained.
CLAUSE 78
Sub-Clause 78.1 – Service Authorities

The Contractor shall comply in all respects with the regulations of all Service Authorities whether
for temporary or permanent work in connection with those Authorities in carrying out his
obligations under the Contract.
CLAUSE 79
Sub-Clause 79.1 – Interference with Existing Works

The Contractor shall not interfere in any way with any existing work whether the property of the
Employer or of a third party and whether the position of such works is indicated to the Contractor
by the Project Manager or nor except where such interference is specifically required under the
Contract.
CLAUSE 80
Sub-Clause 80.1 – Explosives

`The Contractor shall not use any explosives.
CLAUSE 81
Sub-Clause 81.1 – Joint and Several Liabilities

If the Contractor is a joint venture of two or more persons, all such persons shall be jointly and
severally bound to the Employer for the fulfillment of the terms of the Contract and shall
designate one of such persons to act as leader with authority to bind the joint venture. The
composition or the construction of the joint venture shall not be altered without the prior
consent of the Employer.
CLAUSE 82
Sub-Clause 82.1 – Safety of Construction

The Contractor shall be held responsible, for a period of ten (10) years after the issuance of
Completion Certificate for the safety of the construction and for any default or defect resulting
from the execution, irrespective of the final handover certificates and the return of insurance
policy to him. He shall also be held responsible for any minor default or defect or major default
that may be discovered after the final handover.
__________________________________________________________________________________
Page PII-COC-12
B2B Office Building
CLAUSE 83
Sub-Clause 83.1 – Claims Resulting from Adjoining Sites

The Contractor shall not be entitled to claim indemnity or extension of time for the Works nor to
be excused from any of the obligations of the Contract by reason of nor to submit any claims in
respect of disturbance or delay due to the simultaneous execution of work adjoining the Site
and executed either by the Contractor or another contractor.
CLAUSE 84
Sub-Clause 84.1 – Customs and other Duties, Rates, Taxes and other Charges
The contractor shall give all notices and pay all customs or other import and export duties,
rates (including all handling and freight charges, wharfage and harbour dues, shipping and
other rates and charges and taxes of whatever nature) required to be given or paid in order to
comply in all respects with the provisions of any Law or any Regulation or Bye-Law of any local
Government authority which may be applicable to the concerned Emirate of U.A.E. in
connection with the fulfillment of the Contract.
The rates in the Bill of Quantities will be held to have included for all charges in respect of
customs or other import or export duties, rates (including all handling and freight charges,
wharfage and harbour dues, shipping and other rates and charges) and taxes of whatever
nature payable both within and outside the concerned Emirate of U.A.E. in connection with the
fulfillment of the Contract and no adjustment will be allowed in respect of any statutory or
authorised variation in the scale of such charges which may arise during the period of the
Contract.
CLAUSE 85
Sub-Clause 85.1 – Interruption of Supplies of Services

The Contractor shall not interfere with supplies and services of whatsoever nature such as but
not limited to water, electric power and light, telephones, buried cables and sewerage. If any
such supply of service is damaged the Contractor must report it to the Employer immediately.
No saline waste water that may arise as a result of the Contract Works nor any other water that
may be detrimental to operation of the sewage treatment plant shall be disposed of into the
sewerage network.
The Contractor shall be responsible for any damage caused to such supplies or services and
shall fully indemnify and keep indemnified the Employer against all consequences thereof of
whatsoever nature.
The method of execution of repairs shall be decided by the Employer.
In addition to and without prejudice of the generality of the indemnity above referred to, and to
the Contractor’s liability in penalties generally, the Contractor shall pay to the Employer in
respect of damage to any such supply or service a charge calculated in accordance with the
Laws in force during the period of this Contract.
Before opening up the ground for any purpose, the Contractor must notify all concerned parties
by issue of a formal “Notice of intent” and must obtain information by formal notice regarding
__________________________________________________________________________________
Page PII-COC-13
B2B Office Building
the location of all underground services. The complete responsibility for obtaining this
information rests with the Contractor.
CLAUSE 86
Sub-Clause 86.1 – Precaution against Fire and Marine Hazards

The Contractor shall conform to the regulations of the Employer and any other controlling
authority in force at the Site of the Works with respect to the precautions to be taken against
fire and marine hazards.
CLAUSE 87
Sub-Clause 87.1 – Declaration against Waiver

The condoning of any breach or breaches by the Contractor or an authorised Subcontractor of
any of the stipulations and conditions contained in the Contract shall in no way prejudice or
affect or be construed as a waiver of the Employer’s rights, power, and remedies under the
Contract in respect of any other breach or breaches as aforesaid.
CLAUSE 88
Sub-Clause 88.1 – Release of Information

All information gathered under this Contract by the Contractor and all reports and
recommendations hereunder shall be treated as confidential by the Contractor and shall not,
without the prior written approval of the Employer, be made available to any person or party
other than the Employer, the Engineer or any relevant United Arab Emirates or Government
Department. The obligation on the part of the Contractor to keep all such information
confidential shall be of a general nature and shall be without limitation of time.
The Contractor shall not publish any photographs of the Works nor allow the Works to be used
in any form of advertising whatsoever, without prior approval in writing from the Employer.
CLAUSE 89
Sub-Clause 89.1 – Contractor’s Status

The Contractor in executing his obligations under this Contract will be considered as an
independent contractor and not as an agent or part of the Employer’s organization.
CLAUSE 90
Sub-Clause 90.1 – Municipality Building Permit

The Engineer shall apply to and liaise with the Municipality for the mandatory permit to
construct the works required in this Contract as a whole or part or for any variation to the work
which has already received the mandatory permit. In case of variations initiated by the
Contractor, the Contractor shall prepare the revised drawings and submit to the Engineer for
his further action.
The Contractor shall be responsible for the collection of the permit documentation from the
Municipality within two working days from receiving written instruction from the Engineer.
__________________________________________________________________________________
Page PII-COC-14
B2B Office Building
The Contractor shall be responsible for completing the Works in accordance with the Building
Permit and to the satisfaction of the Municipality. He shall be responsible for arranging
inspection by the Municipality and for obtaining the Municipality’s Certificate of Completion and
other approvals necessary for the connection of services, in order to ensure completion of the
Contract.
On receipt of the Municipality’s building permit the Contractor shall examine all the
documentation handed over by the Municipality as part of the Building Permit and advise the
Engineer in writing within 14 days from the date of receipt of any comment or special
requirement stated by the Municipality on any of the documents which make up the
Municipality building permit. Failure of the Contractor to submit such advice within the
prescribed period of 14 days shall be deemed to be confirmation to the Engineer and the
Employer that the works required in this Contract have received mandatory Municipality
building permit, relieving the Employer thereafter from any responsibility to liaise with the
Municipality for obtaining any permit in connection with the works required in the Contract and
from considering any claim by the Contractor for any extension of time or additional payment
due to extra work resulting from comments made in writing by the Municipality on any of the
documents of the Municipality building permit.
End of Part II
__________________________________________________________________________________
Page PII-COC-15

Vol. I - Tender and Conditions of Contract

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AD 0935 B2B Office

B2B OFFICE VOLUME – I

INSTRUCTIONS TO TENDERERS &

DOCUMENT NUMBER: B2B-ITT&COC-01

DESCRIPTION DATE AUTHOR CHECKED BY APPROVED BY REV

TENDER AND CONTRACT

B2B OFFICE BUILDING – ABU DHABI, U.A.E.

VOLUME 1 – TENDER AND CONDITIONS OF CONTRACT

PART DESCRIPTION FROM TO

1 PROJECT DESCRIPTION AND SCOPE OF WORKS 1 of 1 - --

5 FORM OF CONTRACT AGREEMENT 1 of 3 - 3 of 3

- PART I - GENERAL CONDITIONS PI- COC-1 - --

- PART II - CONDITIONS OF PARTICULAR APPLICATIONS PII-COC-1 - PII-COC-15

B2B OFFICE BUILDING – ABU DHABI, U.A.E.

PROJECT DESCRIPTION AND SCOPE OF WORKS

1.2 The project consists of the following:

i) 2 basements, Ground + 9 floors.

2.0 SITE CONTEXT

2.2 Site Plan

A site plan is attached herewith and is to be taken as an indication only.

3.0 TYPE OF CONTRACT

3.1 The Contract is to be of a Lump Sum type.

Certain elements of design / re-design will have to be undertaken by the Contractor

Khatib & Alami CEC Page 1 of 1 Project Description

2.0 TENDER DOCUMENTS 2

15.0 TENDER QUALIFICATIONS AND ALTERATIONS TO

16.0 ALTERNATIVE TENDER OFFER 13

22.0 ADDRESS OF TENDERER 15

25.0 PARENT COMPANY GUARANTEE 16

Khatib & Alami CEC Page 1 of 16 Instructions To Tenderer

B2B OFFICE BUILDING – ABU DHABI, U.A.E.

1.2 The following Instructions to Tenderers should be carefully noted as failure to

2.0 Tender Documents

2.1 The Tender comprises the following documents:

Volume I Tender and Conditions of Contract

3.0 Tender Submission

Khatib & Alami CEC Page 2 of 16 Instructions To Tenderer

B2B Office Building – Main Works Contract, Abu Dhabi

Khatib & Alami CEC Page 3 of 16 Instructions To Tenderer

4.0 Submittal Documents

b) Cash Flow Chart

A copy of each Tender Addendum issued by the Employer or Engineer appropriately

e) Authorized Representative and Power of Attorney

Khatib & Alami CEC Page 4 of 16 Instructions To Tenderer

A tentative programme and time schedule covering all principal construction

A detailed method statement reflecting the method of construction to clearly identify

An organization chart detailing both the proposed “On-Site” and “Off-Site”

k) Plant and Equipment

A schedule reflecting all construction Plant and Contractor’s Equipment to be used

l) Proposed Subcontractors and Suppliers

A schedule of all subcontractors and suppliers to be used on the Works, indicating

Khatib & Alami CEC Page 5 of 16 Instructions To Tenderer

m) Approved Subcontractors and Suppliers

A schedule of all proposed Subcontractors and Suppliers intended to be used for

n) Quality Assurance/Quality Control Procedures

Details of the proposed ‘Quality Assurance’ and ‘Quality Control’ procedures,

o) Current and Valid Trade License.

A copy of current and valid Trade License.

p) Health and Safety Policy

q) External Management or Technical Assistance

r) Details of Overheads and Profit

Khatib & Alami CEC Page 6 of 16 Instructions To Tenderer

Separate breakdowns of the proposed overheads and proposed profit, which if