Volume 0
Volume 0
Volume 0
Tender Documents
Volume 0 - Conditions of Tendering
February 2018
Design and Build Tender
Prepared for
Mina Rashid Infrastructure Works
On behalf of
Dubai Ports World
By
DP World Global Procurement - Project Management Dept.
February 2018
© DP World
All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically
stored or transmitted in any form without the written permission of DP World
The Works will include, but not be limited to, the design and construction of the following:
b) Access to the site from the external roads network as per the TIS;
e) Traffic signals and validation and the installation of new signals or the improvement of the
existing signals as required and approved by the Engineer;
f) Street lighting works as required for this contract and approved by the Engineer;
g) Complete MEP and safety systems as required by the Civil Defence and approved by the
Engineer;
j) Treated sewage effluent (Irrigation) network, tank, pumps and connection to DM network;
o) Fire Fighting network, pump, tank, hydrants, and connection to DEWA network;
q) All required permits to complete the project construction as required by this contract.
1.7 Insurances
Construction All Risks Insurance and Third Party Liability will be arranged by the Employer in
accordance with the “Construction All Risks Insurance” provisions in section 9 of Volume 1
Commercial of the Tender Documents. Other relevant Insurances shall be arranged by the Contractor,
as specified in T2-2 Item 3.3.10 of Conditions of Tendering.
This schedule may be amended by the Employer at his discretion and the Contractor shall be informed
of such amendments as addenda in accordance with section 2.7 of the Conditions of Tendering.
The Tenderers are requested to consider tendering the project based upon the following options:
b. By submitting tenders for one, or a selection of, the following packages that form part of the
Works; which the Employer may award one or a number of such package to the Tenderer
(i.e. the Tenderer may choose to submit a tender for four of the following packages, but the
Employer may decide only to award one or two of them to the Tenderer):
i) Ground Investigation
ii) Demolition and Site Clearance
iii) Earthworks
iv) Structural Metalwork
v) Roads and Pavings
vi) Works for DEWA - Water Division
vii) Works for DEWA - Electricity Division
viii) TSE Works
ix) Works for Etisalat
x) Works for Drainage
xi) Works for EITC (DU)
xii) ITS Network
xiii) Traffic Signal Works
xiv) Road Lighting Works
xv) Sewerage Works
xvi) Fire Fighting Works
c. The Tenderers shall indicate in his offer as to what the basis of his submission is by marking
it with either: “Tender for the Works in full”; or (ii) “Tender for Works Packages”.
d. Tenderers are welcome to submit for both the Works in full (item c(i) directly above) and for
Works Packages (item c(ii) directly above) if they wish to do so. And the Employer hereby
confirms that any submission made for the Works in full shall not be considered in any other
manner (i.e. the prices for individual packages submitted as part of a tender for the Works
in its entirety shall be considered only as a whole tender and shall not be used on a
piecemeal basis).
The Employer would like to inform Tenderers that there is also a tender for Dubai Maritime City (DMC)
Phase 1 Infrastructure project being tendered in parallel with this Tender, which is on a site in the near
vicinity to Mina Rashid. Therefore, the Employer would like to encourage those submitting a tender
for this Project to also submit a tender for the DMC Phase 1 Infrastructure project and where possible
highlight the opportunities of providing more economic solutions if to the Employer and DMC if the
Tenderers were able to work on both projects.
Conditions of Tendering
1. Project Definition
2. Conditions of Tendering
3. Tender
Form of Letter of Tender
Schedules to Letter of Tender. Information to be completed by Contractor
Tender Schedule TS - 1 Contractor’s Understanding of the Project issues
Tender Schedule TS - 2 The Contractor’s management systems and project organization
which shall identify and address
any joint venture or consortium partners
any parent company
contract management and organization
curricula vitae of proposed management staff
quality assurance systems
occupational health, safety and rehabilitation
environmental and management plan
waterway and road traffic management
permits and consents
details of insurances
Tender Schedule TS - 3 Design activities of the Works to be designed by the Contractor
which shall address:
design management and organization
details of the proposed designer(s) together with their staff
the Contractor’s Concept Design
details of the proposed independent design verifier(s)
together with their staff
details of design verification proposals
Curricula Vitae of Proposed Design and Verification Staff'
Tender Schedule TS - 4 Construction activities which shall address
construction management and organization
details of Major Subcontractors and suppliers
details of site supervisory staff and labor
Curricula Vitae of Proposed Construction Staff
proposed Contractor’s Equipment
proposed construction working hours
Details of Existing Utilities and Other Obstructions
proposed Contractor’s working areas
detailed proposed construction method statement
Tender Schedule TS - 5 Detailed proposed program for construction
Tender Schedule TS - 6 Price information which shall address
Schedule of Price
Dayworks -Not Used
Estimated Monthly Cash Flow
4. Tender Bond- Not Used
5. Form of Undertaking to Provide a Parent Company Guarantee
Volume 2
Employer’s Requirements
Volume 3
Drawings
Volume 4
Schedule of Price
Volume 5
Information Provided by the Employer
The documents issued to the Contractor do not include a copy of the General Conditions of Contract.
The Contractor shall make its own arrangements for obtaining a copy, which is available from FIDIC
via its web site: http://www.fidic.org/
No explanation or amendment to the Tender Documents shall be recognised unless in the form of a
written addendum as described in Sub-Clause 2.7 below issued by the Employer.
The Tender Document will be uploaded to the Employer’s ‘Buy World’ eSourcing Portal.
2.2 Interpretation
Unless otherwise stated, words and expressions in these Conditions of Tendering and throughout the
Tender Documents shall have the same meaning given to them as in the Conditions of Contract in
sections 2 & 3 of Volume 1 Commercial of the Tender Documents.
The Employer does not warrant, guarantee or make any representation about the accuracy or adequacy
of such information or data which does not in any way purport to accurately represent complete survey,
sub-surface, environmental or other conditions likely to be encountered during the performance of the
Works.
2.7 Addenda
The Employer, at its discretion or arising out of a notification made, or a clarification requested, or other
query by a prospective Contractor, may issue an addition or amendment to any aspect of the Tender
Documents. Such addition or amendment will be in the form of an addendum to the Tender
Documents which will modify the Tender Documents and will form part of the Tender Documents.
In the case of a clarification resulting from an enquiry from a Contractor the clarification will identify
the enquiry as well as respond to it. The identity of the Contractor initiating the enquiry will not be
made known.
Copies of each addendum will be distributed to every Contractor who has accepted the Tender though
the ‘Buy World’ eSourcing Portal.
All Addenda in response to enquiries received from Contractors at the latest 10 days before the date
for submission of Tender will be issued at the latest 5 days before the date for submission of Tender.
Contractors are advised that attendance at the briefing and the conducted Site inspection by the
Contractor or a competent representative is compulsory. Contractors are requested to give the names
of their representatives to the Employer using the secure messaging service through the ‘Buy World’
eSourcing Portal at least one week prior to the date of the briefing.
The Employer and the Engineer would be pleased to meet individually with Contractors and their
advisors in the Employer’s offices during the days immediately following the formal briefing and site
inspection. Any such meetings will be treated as informal and commercial in confidence. No formal
notes will be recorded and any advice given or received by the Contractor will have no status. If the
Contractor wishes a query and response to be formalised such query shall be raised at the formal
briefing and site inspection and a formal response will be given at that time.
Contractors who wish to meet individually with the Employer and the Engineer should write at the
earliest opportunity to the Employer using the secure messaging service through the ‘Buy World’
eSourcing Portal.
A Contractor may inspect the site at any other time, but the Employer and the Engineer will only be
available for the accompanied site inspection.
To gain access to the Site for further visits to inspect the Site, or for the carrying out of any trials or
for obtaining any samples from the Site, permission shall be sought through the secure messaging
service through the ‘Buy World’ eSourcing Portal.
It is a condition that any persons, firms or companies visiting the Site at any time will be responsible
for, and will release and indemnify the Employer and the Engineer and their servants and agents from
and against, all liabilities in respect of 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 Engineer or their servants or agents or not) which but for such visit
would not have arisen.
Such query will be answered by means of addenda to the Tender Documents in accordance with the
provisions in Sub-Clause 2.7 above
The person who signed the Tender shall also initial every page of the submission where required.
Each Tender shall contain an address, telephone number and fax number in the Country for service of
any notice which may be, served on, or given to, the Contractor in connection with his Tender.
Any correction, erasure or overwriting in the Tender submitted shall be duly initialed by the person who
signed the Tender.
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Design and Build Contract
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No unauthorized alteration shall be made to the Letter of Tender, the Tender Schedules or to any other
of the Tender Documents issued by the Employer. If any such alteration is made or if the Schedules are
not properly completed or if the Conditions of Tendering are not fully complied with, the Tender may be
rejected.
Member firms of such groups shall be jointly and severally responsible for the performance of all
obligations and the discharge of all liabilities under the Contract of all the members of the joint venture
or consortium.
The form of undertaking is given in Section 5 of Conditions of Tendering of the Tender Documents.
(The form of parent company guarantee is given in Section 7 of Volume 1 Commercial of the Tender
Documents).
In the case of a joint venture or consortium, the ultimate holding company of any subsidiary company
which forms the joint venture or consortium shall provide such guarantee.
Technical Envelope
Conditions of Tendering
Schedules to Letter of Tender all duly completed
- Tender Schedule TS – 1 Contractor’s Understanding of the Project issues
- Tender Schedule TS - 2 The Contractor’s management systems and project
organization
- Tender Schedule TS - 3 Design activities
- Tender Schedule TS - 4 Construction activities
- Tender Schedule TS - 5 Detailed proposed program for construction
Volume 4 Commercial
- Tender Schedule TS - 6 Price information including:
1. Schedule of Price
2. Accepted Contract Amount
3. Dayworks - Not Used
4. Estimated Monthly Cash Flow
Tender received after the defined closing date and time will not be accepted.
All payments, deductions, adjustments or other sums are to be measured or calculated in U.A.E.
Dirhams as set out by the Contractor in the Schedule of Price.
2.20 Dayworks
The procedure for carrying out Dayworks shall be strictly in accordance with the Conditions of Contract.
Subject to instruction of the Employer, the Contractor will be paid for Dayworks executed during the
course of the Contract at the rates inserted by him in the following Manpower, Material and Machinery
Schedules.
Where the Tenderer wishes to submit two compliant tenders, one for the Works in its entirety (refer
paragraph 1.9(c)(i) above) and one for packages that form the Works (refer paragraph 1.9(b)(ii) above),
the Tenderer shall submit the Tender for the Works in its entirety as its compliant Tender and the tender
for the Packages of Work as the Alternative Tender.
The Tenderer may submit technical alternatives for components, or parts, of the works provided that they
offer cost and/or time benefits to the Employer, are shown to be technically acceptable and conform to
the design requirements, and can be expected to receive the approval of applicable Government
authority.
Tenderers wishing to offer technical alternatives shall provide all information necessary for a complete
evaluation of the alternative including:
drawings, design calculations, technical specifications, and proposed construction methods.
In accordance with the provisions of Sub-Clause 13.2 [Value Engineering] of the Conditions of Contract
of the Volume 1 Commercial of the Tender Documents, the Contractor shall offer a price discount if a
later completion date is allowed and to nominate a price premium for earlier completion.
The foregoing will be assessed initially from the responses given in the Contractors’ Tender schedules.
Prior to making the detailed evaluation of Tender’s, the Employer will determine the substantial
responsiveness of each Tender to the Tender Documents issued by the Employer. The Employer’s
determination of a Tender's responsiveness will be based on the contents of the Tender itself without
recourse to extrinsic evidence though, if appropriate, the Employer may seek written clarification from the
Contractor on any point of doubt. In this case, the requirements of Sub-Clause 2.23 above shall be noted
and adhered to by the Contractor when giving his reply.
If the successful Contractor is related or subsidiary to a parent or holding company the Contractor shall
also obtain and provide to the Employer a Parent Company Guarantee within 28 days after the
Contractor receives the Letter of Award, in accordance with Sub-Clause 4.2.2 of the Conditions of
Contract, Volume 1 commercial of the Tender Documents.
In the case of a joint venture or consortium, the ultimate holding company of any subsidiary company
which forms the joint venture or consortium shall provide such guarantee.
The Employer reserves the right to accept or reject any Tender, and to annul the tendering process and
reject all Tender’s at any time prior to award of a Contract without thereby incurring any liability to the
affected Contractor or Contractors or any obligation to inform the affected Contractor or Contractors of
the grounds for the Employer's action.
To DP World
PO Box 17000
Dubai
United Arab Emirates
Gentlemen,
[To be iserted]
(a) Having examined the Tender Documents and Addenda Nos ____________ for the execution of
the above-named Works, we the undersigned, offer to execute and complete such Works and
remedy any defects therein in conformity with the Contract for the total price of
______________________________________________________ as stated in the Commercial
Response Envelope (the Tender Price) or such other sums as may be ascertained in accordance
with the Conditions of Contract.
(b) We acknowledge that the Conditions of Tendering (this Letter of Tender, , Schedules to Letter of
Tender TS 1 to TS 6 duly completed, the Undertaking to Provide a Parent Company Guarantee
duly completed), Volume 1 ( the Form of Agreement, the Appendix to Tender duly completed as
appropriate ,the Conditions of Contract, Part I, General Conditions and Part II, Particular
Conditions, the Forms Advance Payment Security, Performance Security, Parent Company
Guarantee), the foregoing Tender Addenda, and Volume 2: Employer’s Requirements, Volume 3:
Drawings, Volume 4: Schedule of Price and Volume 5 Information provided by the Employer
provided by us form part of our Tender.
(c) We undertake, if our Tender is accepted, to commence the Works as soon as is reasonably
possible after the Commencement Date, and to complete the whole of the Works comprised in the
Contract within the time stated in the Appendix to Tender.
(d) We agree to abide by this Tender for the period of 90 days from the date fixed for receiving the
same and it shall remain binding upon us and may be accepted at any time before the expiration
of that period or any extension of that period requested by the Employer and agreed to by
ourselves.
(e) As security for the due performance of the understanding and obligations of this Tender, we submit
herewith and a parent company undertaking in accordance with Sub-Clause 2.12 of the Conditions
of Tendering (if applicable).
(f) Unless and until a formal Agreement is prepared and executed, this Tender, together with your
written acceptance thereof, shall constitute a binding Contract between us.
(g) We understand that you are not bound to accept the lowest or any Tender you may receive.
Address _______________________________________________________________
Witness _________________________________________________________________
Address _______________________________________________________________
Occupation_____________________________________________________________
The Contractor shall demonstrate its understanding of problems that might arise during the delivery
of the Project and how best it will address and overcome these.
These shall be in the form of written descriptions together with organization charts showing the
management systems to be implemented and the structure of the management team including the
basis of responsibility of key personnel, the relationship between the different team members, the
relation of the site staff to home office staff or departments and the numbers of personnel in each
section or category within the team.
a curriculum vitae including full name and educational or trade qualifications, details of all
relevant projects worked on in the last five years, the positions held and key client contacts
and highlighting the experience of the person which will be relevant to the project, particularly
as a member of a team on projects similar to this project;
the nature of the person’s proposed involvement in the project;
current commitments and how those commitments would be managed if the Contractor
became the successful contractor for the project;
Details shall be provided for all key management staff proposed for the project. Alternatives should
also be provided if there is a possibility that the nominated person becomes unavailable
By nominating personnel the Contractor is committing to making them, or their alternate(s), available
to the project if it is awarded the contract.
a) A controlled copy of the Contractor’s Quality Manual and System Element Procedures.
b) An outline of the Quality Plan, including system and technical procedures for all design,
verification, document control, manufacturing and construction elements, which the Contractor is
required to submit in accordance with the requirements of Sub-Clause 4.9 of the Conditions of
Contract.
c) A list of recently completed and generally equivalent supply contracts for which the Quality
Systems have been implemented with ISO 9000 or an equivalent national standard. In the case
of an equivalent national standard this should be identified.
d) Outline of typical existing procedures, inspection and test plans, and work instructions.
e) Proposed testing laboratories.
It shall include:
Details of the methods proposed to avoid accidents and potential incidents; and
Details of recording and reporting.
The EMP should comply with the Environmental License available for this project.
It shall include:
The Contractor shall set out details of the insurances it is required to provide. These shall include but
not be limited to:
Insurance Type
Insurance Company
Policy No
Limit of Cover per incident
Limit of cover aggregate
Amount of any Deductible
Expiry date
These shall be in the form of written descriptions together with organisation charts showing the
management systems to be implemented and the structure of the management team including the
basis of responsibility of key personnel, the relationship between the management team, the design
teams and the verification teams.
a curriculum vitae including full name and educational qualifications, details of all relevant
projects worked on in the last five years, the positions held and key client contacts and
highlighting the experience of the person which will be relevant to the project, particularly as a
member of a team on projects similar to this project;
the nature of the person’s proposed involvement in the project;
current commitments and how those commitments would be managed if the Contractor became
the successful contractor for the project. (Contractors should note that all such information will
be treated as strictly confidential).
Key Personnel CV’s to be provided. Alternatives should also be provided if there is a possibility
that the nominated person becomes unavailable
These shall be in the form of written descriptions together with organisation charts showing the
management systems to be implemented and the structure of the management team including the
basis of responsibility of key personnel, the relationship between the management team, the
construction teams and the Quality Control Manager and his supporting team.
The Contractor shall, in any case, provide details of the source, with quantities, of materials important
for the completion of the Works.
The Contractor shall also include details of his proposals for the recruitment, deployment and training
of all specialist labour and professional staff. The Contractor’s proposals shall conform to the
requirements of the law of the Country and be designed to promote industrial harmony.
a curriculum vitae including full name and educational or trade qualifications, details of all
relevant projects worked on in the last five years, the positions held and key client contacts
and highlighting the experience of the person which will be relevant to the project, particularly
as a member of a team on projects similar to this project;
the nature of the person’s proposed involvement in the project;
current commitments and how those commitments would be managed if the Contractor
became the successful contractor for the project. (Contractors should note that all such
information will be treated as strictly confidential).
Key Personnel CV’s to be provided. Alternatives should also be provided if there is a possibility that
the nominated person becomes unavailable
Details shall include a description of the Contractor’s Equipment including its make, model, capacity,
ownership, date of manufacture, state of repair and machine hours.
The Tenderers shall also indicate the current geographical location of the key components of the
proposed equipment and the expected date for availability if they are currently being used in another
work.
The Contractor shall attach to this Schedule a statement on its understanding of the nature and scope
of the Contractor’s Activities in relation to existing utilities to ensure their continued integrity.
Location and sizes of site offices, stores, Contractor’s Equipment sheds, canteens and the
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Design and Build Contract
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like;
Access roads;
Concrete batching plant location and details;
Precast yard location and details;
Temporary jetties;
Marine equipment movement and mooring proposals;
Location and capacity of site utilities and services such as power, water, telephones, etc;
Materials stockpiles;
Compounds and security measures;
Communications; and,
Housing for labour (if applicable).
The Contractor shall also identify any impacts of the compound on the surrounding neighbourhood,
together with its proposals to ameliorate those impacts.
the Contractor's understanding of the nature and scope of the Contractor’s activities;
the proposed methodology for undertaking the role and responsibilities of the Contractor;
his understanding of specific issues that may arise and method statements to manage those
issues; and
details of all proposed temporary works
The Contractor shall set out his proposed program for the design and construction of the Works.
The program shall include each item of work and shall be detailed to show the following:
The time and sequence required for executing the Works broken down into activities not
exceeding one month
Dependencies between items of work as normally identified in Critical Path Analysis methods
(in either precedence PERT or precedence GANTT form)
The minimum duration of each item of work.
All relevant time, site or other restraints including those imposed by the Tender Documents
Milestones with their dates
The sequence of activities which form the critical path for the completion of the project.
The proposed human resources and plant for each item of work on the critical path.
Interfaces with work by others
Any work to be subcontracted with the name of the subcontractor identified
Identify risks and propose mitigation measures.
The programme shall recognise the need for taking over the phases as required by the Employer.
As noted in Sub-Clause 2.21 of the Conditions of Tendering the Contractor is requested to offer a price
premium for earlier completion. A Contractor who makes such an offer or nomination may be favoured.
The Tenderer shall make his own assessment of the scope of work and shall provide the list to reflect
his method of construction under the Schedule of Prices.
The prices, inclusive of all labour, materials, equipment, overhead costs and profit, that are going to
be set down against the items shall be taken as the full inclusive value of the finished work and cover
the cost of every description of temporary works required, all the Contractor’s obligations under the
Contract, and all matters and things necessary for the proper completion and maintenance of the
Works.
The Schedule of Prices will be used in assessing tenders and may be used for assessing variations
during the construction of the Works, where appropriate. Interim payment claims shall be based on
Payment Milestones. The structure of Payment Milestones will be defined between the Contractor and
Employer during final negotiations of the Contract.
The quantities that shall be included under the Schedule of Prices are the Contractor’s own
assessment of the scope of work included in the Contract Price and shall be fixed when the Condition
Survey is performed by the awarded Contractor and will not be subject to re-measurement.
The Price Schedules shall form part of the Contract only to the extent provided for in the Contract.
Date __________________________
To DP World,
PO Box 17000
Dubai, UAE
Gentlemen
[to be inserted]
We, (Name of ultimate holding company) the ultimate holding company of (Name of Contractor)
the Contractor, undertake, that if the Contractor is appointed as Contractor for the execution of the
above named works, to provide a Parent Company Guarantee in accordance with Sub-Clause 4.2.2
of the Conditions of Contract, Volume 1 Commercial of the Tender Documents.
SIGNED by
(signature ) ,
(name ) ,
(position) ,
(signature) ,
(name ) ,
(position) ,