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Mina Rashid Infrastructure Works

Design and Build Contract


Contract No. TBD

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

Mina Rashid Infrastructure Works


Design and Build Contract
Volume 0-Conditions of Tendering
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Table of Contents
1.0 Project Definition 5
1.1 Type of Contract 5
1.2 Description of the Site 5
1.3 Description of the Project 5
1.4 Access to the Site 6
1.5 Details of the Works and Conditions 6
1.6 Associated Contracts 6
1.7 Insurances 6
1.8 Tentative Implementation Schedule 6
1.9 Tender Submission Options 7
1.10 DP World Mina Rashid Tender 7
2.0 Conditions of Tendering 8
2.1 The Tender Documents 8
2.2 Interpretation 9
2.3 Information Provided by the Employer 9
2.4 Contractor to Inform Himself Fully 10
2.5 Discrepancies, Errors and Omissions in Tender Documents 10
2.6 Clarification of Tender Documents 10
2.7 Addenda 10
2.8 Briefing and Site Inspection 10
2.9 Additional Queries 11
2.10 Completion of Tender Documents 11
2.11 Tender Submitted by a Joint Venture or Consortium 12
2.12 Tender Submitted by a Subsidiary Company 12
2.13 Validity of the Tenders 12
2.14 Tender Security 12
2.15 Documents to be submitted 12
2.16 Procedure for Submission of Tenders 13
2.17 Currencies of Tender 14
2.18 Schedule of Price 14
2.19 Rates and Prices 14
2.20 Dayworks 14
2.21 Alternative Tenders 14
2.22 Opening of Tenders 15
2.23 Clarification of Tenders 15
2.24 Evaluation and Comparison of Tender’s 15
2.25 Notification of Award 16
2.26 Performance Security, Parent Company Guarantee 16
2.27 Signature of Contract 16
2.28 Cost of Tender Preparation and Submission 16
2.29 Right to Accept or Reject Any or All Tenders 16
2.30 Interference in Evaluation 17
2.31 Local Address 17
3.0 Tender 18
3.1 Letter of Tender 18
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3.2 Tender Schedule TS - 1: Contractor’s Understanding of the Project Issues 20
3.3 Tender Schedule TS – 2: Contractor’s Management Systems and Project
Organisation 21
3.3.1 Details of any Joint Venture, Joint Participation or Consortium
Partners 21
3.3.2 Details of any Parent Company 21
3.3.3 Contract Management and Organisation 21
3.3.4 Curricula Vitae of Proposed Management Staff 21
3.3.5 Quality Assurance System 21
3.3.6 Occupational Health, Safety and Rehabilitation Plan 22
3.3.7 Environmental Management Plan 22
3.3.8 Road Traffic Management Plan 22
3.3.9 Permits and Consents 23
3.3.10 Details of Insurances 23
3.4 Tender Schedule TS – 3: Design Activities 24
3.4.1 Design Management and Organisation 24
3.4.2 Proposed Designer(s) 24
3.4.3 Contractor’s Concept Design 24
3.4.4 Proposed Independent Design Verifier(s) 24
3.4.5 Design Verification Proposals 24
3.4.6 Curricula Vitae of Proposed Design and Verification Staff 24
3.5 Tender Schedule TS – 4: Construction Activities 26
3.5.1 Construction Management and Organisation 26
3.5.2 Major Subcontractors and Suppliers 26
3.5.2.1 Major Subcontractors and Suppliers 26
3.5.2.2 Approved sub-contractor’s and suppliers 26
3.5.3 Staff and Labour 26
3.5.4 Curricula Vitae of Proposed Construction Staff 26
3.5.5 Contractor’s Equipment 27
3.5.6 Proposed Construction Working Hours 27
3.5.7 Details of Existing Utilities and Other Obstructions 27
3.5.8 Contractor’s Working Areas 27
3.5.9 Detailed Proposed Construction Method Statement 28
3.6 Tender Schedule TS - 5: Detailed Proposed Program for Construction 29
3.7 Tender Schedule TS - 6: Price Information 30
3.7.1 Schedule of Price 30
3.7.2 Schedule of Rates for Daywork and Idle Time 30
3.7.3 Estimated Monthly Cash Flow 30
4.0 Not Used 31
5.0 Form of Undertaking to Provide a Parent Company Guarantee 32

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1.0 Project Definition
1.1 Type of Contract
The contract will be a fixed price lump sum contract based on FIDIC “Conditions of Contract for Plant
and Design Build for Electrical and Mechanical Plant and for Buildings and Engineering Works,
Designed by the Contractor First Edition 1999”, supplemented by Particular Conditions.

1.2 Description of the Site


The Mina Rashid site is located within the existing land area of Port Rashid, Dubai. The land is partially
developed, includes some new buildings, including some currently under construction, but largely
consists of paved and unpaved yard areas.
The Employer (DP World) requires the project to include the upgrade of the industrial port to a mixed-
use development which will include residential, commercial and retail buildings, in addition to a Marina
Berth, this contract is to provide the roads and infrastructure to support this site.

1.3 Description of the Project


The scope of work for the project includes the complete design and construction of Mina Rashid
internal roads network, access to surrounding roads, and all related infrastructure within the public
realm.

The Works will include, but not be limited to, the design and construction of the following:

a) A new at grade internal roads within the site of Mina Rashid,

b) Access to the site from the external roads network as per the TIS;

c) Pedestrian and bicycle paths;

d) Traffic signs, directional signs and road markings;

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;

h) Storm water drainage systems with discharge points as required;

i) Foul sewerage network, tank, pumps and connection to DM network;

j) Treated sewage effluent (Irrigation) network, tank, pumps and connection to DM network;

k) Water supply network and connection to DEWA network;

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l) Electrical Network to DEWA network;

m) Telephone and other communication networks;

n) Utilities relocation and protection works;

o) Fire Fighting network, pump, tank, hydrants, and connection to DEWA network;

p) Complete and comprehensive temporary traffic management (TTM), as necessary and


required to complete the project in a safe manner as per the requirements and specifications
of the Employer. This will include, but not be limited to, design, reviews, and approvals by
the Engineer, agency approvals, construction, maintenance, temporary structures, drainage
system, street lighting, and traffic control devices;

q) All required permits to complete the project construction as required by this contract.

1.4 Access to the Site


The site is located in Mina Rashid, Dubai. See Volume 2 Employer’s Requirements for further details.

1.5 Details of the Works and Conditions


Details of the Works are given in Volume 2 Employer’s Requirements and Volume 3 Drawings. The
Conditions of Contract are given in Volume 1 Commercial of the Tender Documents.

1.6 Associated Contracts


The Employer may have other contractors and suppliers working in and around the Project, details of
which will be provided to the Contractors in due course.

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.

1.8 Tentative Implementation Schedule


The proposed implementation schedule of the overall Project is presented below. The overall
programme takes into consideration the period of pre-construction including tendering.

Activity Date/Time Cumulative Days from


Tender Commencement
Tender issue 18-Mar-18 0 days
Tender submission 21-Apr-18 34 days
Letter of Award 1-Jul-18 105 days
Commencement Date 1-Jul-18 105 days
Completion Date 23-Dec-19 644 days

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.

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1.9 Tender Submission Options

The Tenderers are requested to consider tendering the project based upon the following options:

a. By submitting a tender that covers the Works in its entirety;

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).

1.10 DMC Phase 1 Infrastructure Tender

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.

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2.0 Conditions of Tendering
2.1 The Tender Documents
These tender documents, (the “Tender Documents”) issued by the Employer consist of:

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

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Volume 1 Commercial
1. Agreement
2. Appendix to Tender
3. Conditions of Contract Part I, General Conditions
4. Conditions of Contract Part II, Particular Conditions
5. Form of Novation Agreement - Not Used
6. Forms of Contract Security
6.1 Advance Payment Security
6.2 Performance Security
7. Form of Parent Company Guarantee
8. Not Used
9. Construction All Risks Insurance to be arranged by the Employer

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.

2.3 Information Provided by the Employer


The information made available by the Employer in Volume 5 - Information provided by the Employer,
and any additional geotechnical, survey or other information provided with these Tender Documents
is made available for the information of the Contractor and is not intended to form part of the Contract
except as specifically referred to in 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.

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The Contractor shall be fully responsible for the verification of the information made available to him and
for any interpretation or conclusion made by himself in regard to site conditions based on it and he
acknowledges that information or data provided by the Employer shall not form part of any Contract
and that the Employer will not be liable upon any claim by the Contractor arising out of or in connection
with the information or data.

2.4 Contractor to Inform Himself Fully


Contractor shall:
 Obtain and acquaint himself with all conditions and other all information relevant to a Tender
conforming to the Tender Documents.
 Examine the Tender Documents, the Site and its surroundings, and any other information
made available to the Contractor in writing by the Employer or the Engineer for the purpose
of tendering.
 Examine all information relevant to the risks, contingencies, and other circumstances having
an effect on his Tender and which is obtainable by the making of reasonable enquiries.
 Satisfy himself as to the correctness and sufficiency of its Tender and that its price covers the
cost of complying with all obligations of the Tender Documents and of all matters and things
necessary for the due and proper performance and completion of the Works described in the
Tender Documents

2.5 Discrepancies, Errors and Omissions in Tender Documents


Should a Contractor find any discrepancy, error or omission in the Tender Documents, it shall notify
the Employer in writing using the secure messaging service of the ‘Buy World’ eSourcing Portal.

2.6 Clarification of Tender Documents


If a Contractor is in doubt as to the true meaning of any part of the Tender Documents, it shall seek
clarification from the Employer in writing using the secure messaging service of the ‘Buy World’
eSourcing Portal.

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.

2.8 Briefing and Site Inspection


For the convenience of the Contractor, officials or representatives of the Employer will conduct a
briefing on the Project at the Employer’s office and a Site visit for an inspection of the Site immediately
thereafter. Contractors should request through the secure messaging service of the ‘Buy World’
eSourcing Portal a date for the briefing and Site visit and the venue, date and timing of the briefing
will be communicated to the Contractors accordingly.

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Formal confirmation of matters raised and answered during the briefing and conducted site inspection
will be prepared and issued as an addendum to the Tender Documents.

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.

2.9 Additional Queries


Any formal queries not raised at the briefing and joint site inspection shall be addressed to the Employer
through the secure messaging service of the ‘Buy World’ eSourcing Portal.

Such query will be answered by means of addenda to the Tender Documents in accordance with the
provisions in Sub-Clause 2.7 above

2.10 Completion of Tender Documents


The Tender shall be signed by a person duly authorized to bind the Contractor and whose power of
attorney indicating such authority shall be submitted with the Tender.

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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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.

2.11 Tender Submitted by a Joint Venture or Consortium


A Tender submitted by a group of two or more firms forming a joint venture or consortium shall be signed
by each member firm, where required.

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.

2.12 Tender Submitted by a Subsidiary Company


A Tender submitted by a Contractor who is related or subsidiary to a parent or holding company shall
include an undertaking from the Contractor’s ultimate holding company that, if the Contractor is
successful, the ultimate holding company will provide a guarantee and indemnity for the performance
of all of the Contractor’s obligations and the discharge of all of his liabilities under the Contract in
accordance with Sub-Clause 4.2.2 of the Conditions of Contract.

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.

2.13 Validity of the Tenders


Tender shall be valid for the period of 90 days counted from the tender deadline specified in the ‘Buy
World‘ eSourcing Portal’. The Employer may solicit a Contractor's consent to an extension of the period
of Tender validity. The request and the responses thereto shall be made through the secure messaging
service of the ‘Buy World’ eSourcing Portal. A Contractor may decline the request but a Contractor
granting the request will not be required or permitted to modify his Tender.

2.14 Tender Security


Not used.

2.15 Documents to be submitted


The following documents shall be duly completed and submitted to the Buy World‘ eSourcing Portal*,
which shall form part of the Tender. Within the Buy World‘ eSourcing Portal the documents are assembled
under the Qualification, Technical and Commercial Envelops in the sequence shown below and
referenced by the same numeric characters.
*Note: Contractor’s are not required to submit back to the Employer any of the documents not requested
on the Buy World‘ eSourcing Portal. Provision is made within the Portal for the Contractor to acknowledge
receipt and that the Contractor’s submission is based upon the Tender Documents and subsequent
addenda’s.

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Qualification Envelope
Conditions of Tendering
 Contractor’s Cover Letter
 Project Definition
 Conditions of Tendering
 Tender Bond – Not used
 Undertaking to Provide a Parent Company Guarantee duly completed
 Form of Parent Company Guarantee
 Volume 1 – Conditions of Contract Part I, General Conditions and Part II, Particular
Conditions of Contract
 Forms of Contract Security:
 6.1 Advance Payment Security
 6.2 Performance Security
 6.3 Parent Company Guarantee
 6.4 Direct Agreement
 Insurance
 Addenda

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 2 Employer’s Requirements


Volume 3 Drawings
Volume 5 Information Made Available by the Employer
Commercial Envelope:
Conditions of Tendering
 Tender
- Clarifications/Qualifications
- Form of ‘Letter of Tender’ duly completed
- Form of Agreement
- Appendix to Tender

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

2.16 Procedure for Submission of Tenders


Tender shall be submitted online using the ‘Buy World’ eSourcing Portal (available at
https://dpworld.tejari.com) prior to the defined closing date and time.

Tender received after the defined closing date and time will not be accepted.

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2.17 Currencies of Tender
Rates and prices in the Tender shall be quoted in U.A.E. Dirhams

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.

2.18 Schedule of Price


The Schedule of Price provided as a pro-forma in Volume 4 of the Tender Documents contains a list
of notional items which form elements of the Works
Considering that the exact Scope of the Works will only be defined after the Condition Survey to be
conducted by the awarded Contractor, the Contractor shall insert his rates and extended price (where
applicable) against each item in the Schedule of Price together with a page total and summary. Items
against which no rate or price is entered shall be deemed to be covered by other prices or rates.
The Schedule of Price include the Preamble to the Schedule of Price. The Schedule of Price shall
form part of the Contract only to the extent provided for in the Contract.

2.19 Rates and Prices


The items set forth in the Schedule of Price and the amounts entered therein shall be deemed to cover
all the Contractor’s liabilities and obligations and all matters and things manifestly and contingently
necessary for the proper construction, completion and maintenance of the Works as specified in
Tender documents. No further payment shall be made in respect of anything described in the Contract
for which apparently no corresponding item is specified in the Schedule of Price and the cost thereof
shall be deemed to be included in the amounts as aforesaid.

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.

2.21 Alternative Tenders


The Tenderer is required to submit a compliant tender for the works exactly as specified in the tender
documents issued by the Employer.

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.

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 a short term schedule showing further design development, design verification and approval by
the Employer’s design consultants, the counterpart design consultants in the Country,
Authorities etc,
 an alternative construction programme showing the delays arising from the short term schedule
above and any additional materials procurement with construction still being achieved by the
Time For Completion, together with a comprehensive risk analysis identifying risks, ownership,
consequences, probability, mitigation measures
 consideration of the impact of any changes to, or cancellation of, any Associated Contract
 details of the price savings

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.

2.22 Opening of Tenders


Tender will be opened by the Employer in private. Details of the Tender will not be made public.

2.23 Clarification of Tenders


In the evaluation and examination of Tender, the Employer may seek clarification from the Contractor.
The Contractor shall provide only the clarification asked for and shall not in any way cause a change in
the substance of the Tender or in the prices quoted.

2.24 Evaluation and Comparison of Tender’s


The objective in evaluating Tender’s is to obtain the best value for money and not necessarily the
lowest price. In addition to the consideration of price and compliance with the Tender Documents,
the following factors will be taken into consideration in the assessment of Tender’s.
 acceptance of minimisation of risk to the Employer
 understanding of the problems expected in delivery of the Project and ability to overcome them
 management, technical, physical and financial resources that the Contractor proposes to
commit to the Project
 staff, labour, subcontract and material supply proposals
 quality system proposals and QA record
 industrial relations and safety performance
 current commitments and demonstrated ability to deliver the Project within contract time
 pricing structure of Tender schedules

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.

A Tender which contains unacceptable or inadequate details will be determined as substantially


non-responsive and will be rejected by the Employer, whose decision to determine responsiveness shall
be regarded as final. The Employer may waive any minor informality, non-conformity or irregularity in a
Tender which does not constitute a material deviation.
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In the evaluation of Tender’s, account will be taken of the information provided by the Contractor in all the
schedules to the Letter of Tender.

2.25 Notification of Award


The successful Contractor will be notified that his tender has been accepted. If, after receipt of such
notification, he fails to complete the formalities stated in Sub-Clauses 2.26 and 2.27 below within the
stipulated time, or such extended time as may be given by the Employer, the Employer may, if
appropriate, issue such a notification to another Contractor.

2.26 Performance Security, Parent Company Guarantee


The successful Contractor shall obtain and provide to the Employer a security for his proper performance
of the Contract within 28 days after the Contractor receives the Letter of Award, in accordance with Sub-
Clause 4.2.1 of the Conditions of Contract, Volume 1 commercial of the Tender Documents.

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.

2.27 Signature of Contract


The successful Contractor shall sign a formal contract in the form included in section 1 of Volume 1
Commercial of the Tender Documents within 28 after the Contractor receives the Letter of Award in
accordance with Sub-Clause 1.6 of the Conditions of Contract Volume 1 Commercial of the Tender
Documents.

This Contract shall incorporate all agreements between the parties.

2.28 Cost of Tender Preparation and Submission


Each Contractor shall be entirely responsible for and shall bear all costs associated with the preparation
and submission of his Tender and the Employer shall have no responsibility or liability in this respect,
irrespective of whether the Tender is awarded or cancelled or awarded to a Contractor of the Employer's
choice.

2.29 Right to Accept or Reject Any or All Tenders


The Employer shall not be bound to accept the lowest or any Tender.

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.

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A Contractor whose Tender is not accepted shall have no recourse against the Employer nor receive any
indemnity whatsoever. Under all circumstances, the Employer reserves the right to make the final
decision on the selection of a successful Tender or to reject all Tender’s. No claims shall be made by
any Contractor against the Employer upon such action.

2.30 Interference in Evaluation


While Tender’s are under consideration, Contractors and their representatives or other interested parties
shall refrain from contacting by any means any personnel or representative of the Employer on matters
relating to the Tender’s under consideration, except in direct response to a written enquiry initiated by the
Employer. Any effort to unduly influence the Employer shall disqualify the Contractor.

2.31 Local Address


Within fourteen days from receipt of the Notice of Award and before signing the Contract, the
Contractor shall officially nominate a local address in the Country. The address shall be used for all
communications between the Employer and the Contractor.

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3.0 Tender
Tenderer to insert details of what the letter of Tender covers: (i) the Works in its entirety (refer paragraph
1.9(c)(i) above); or (ii) one for packages that form the Works (refer paragraph 1.9(b)(ii) above).

3.1 Letter of Tender

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.

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Dated this ___________________ day of ________________________ 200_______

Signature _______________________________ in the capacity of ____________________________

duly authorised to sign tenders for and on behalf of _________________________________________


(BLOCK CAPITALS)

Address _______________________________________________________________

Witness _________________________________________________________________

Address _______________________________________________________________

Occupation_____________________________________________________________

Notes for Contractors submitting as a joint venture or consortium:


1. The Letter of Tender shall be signed by each member of the joint venture or consortium.
2. A copy of the joint venture or consortium agreement shall be included as part of Schedule TS-2 to
the Tender.

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3.2 Tender Schedule TS - 1: Contractor’s Understanding of the Project
Issues

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.

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3.3 Tender Schedule TS – 2: Contractor’s Management Systems and Project
Organisation

3.3.1 Details of any Joint Venture, Joint Participation or Consortium Partners


The Contractor shall attach a copy of any joint venture, joint participation or consortium agreement. It
shall also identify the extent of proposed participation of each partner in the management and execution
of the Works. Contractors’ attention is drawn to Sub-Clause 2.11 above of the Conditions of Tendering.

3.3.2 Details of any Parent Company


The Contractor shall attach details of any holding or parent company and shall confirm that, if he is
selected as preferred Contractor, the ultimate parent company will execute the Deed of Parent
Company Guarantee included in section 7 of Volume 1 Commercial of the Tender Documents with
these Tender Documents.

3.3.3 Contract Management and Organisation


The Contractor shall provide details of its proposals for the overall management and organisation of the
Contract.

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.

The information provided shall address as a minimum


 cost control
 time control
 relations with the community and other stakeholders

3.3.4 Curricula Vitae of Proposed Management Staff


The Contractor shall provide the following details in respect of the key people proposed for this project:

 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.

3.3.5 Quality Assurance System


The Contractor shall submit an outline of the Occupational Health, Safety and Rehabilitation Plan the
Contractor is required to submit in accordance with the requirements of Sub-Clause 4.9 of the
Conditions of Contract. The Contractor shall set out details of his proposed quality system to be in
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accordance with the requirements of ISO 9001 and with the appropriate standard from the ISO 9000
series for each sub-contract or as appropriate.

Information shall include, but not be limited to the following:

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.

3.3.6 Occupational Health, Safety and Rehabilitation Plan


The Contractor shall submit an outline of the Occupational Health, Safety and Rehabilitation Plan the
Contractor is required to submit in accordance with the requirements of Sub-Clause 4.8 of the
Conditions of Contract. The outline plan shall be in accordance with the current occupational health,
safety and rehabilitation management system guidelines in the Country and shall comply with all
applicable safety regulations including those described as in the Employer’s Safety Standards.

It shall include:

 Details of the methods proposed to avoid accidents and potential incidents; and
 Details of recording and reporting.

3.3.7 Environmental Management Plan


The Contractor shall submit an outline of the Environmental Management Plan (EMP) the Contractor
is required to submit in accordance with the requirements of Sub-Clause 4.18 of the Conditions of
Contract and the Specifications. The outline plan shall be in accordance with the current environmental
guidelines in the Country and shall comply with all applicable environmental regulations including
those described as mandatory in the Employer’s Safety Standards.

The EMP should comply with the Environmental License available for this project.

It shall include:

 Details of the methods proposed to manage hazardous materials;


 Details of environmental management of the removal transport and disposal of existing
unsuitable material.
 Details of waste management
 Details of emergency response plans for spills

3.3.8 Road Traffic Management Plan


The Contractor shall submit an outline of the Road Traffic Management Plan the in accordance with
the requirements of Sub-Clause 4.15 of the Conditions of Contract and the Employer’s Requirements.
The outline plan shall be in accordance with the road traffic management guidelines in the Country

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and shall comply with all applicable road traffic management regulations including but not limited to
those pertaining to the Site.
3.3.9 Permits and Consents
The Contractor shall provide an outline of his proposed procedures for obtaining permits and consents,
which reflect the requirements for obtaining permits and consents described in the Specifications.

Special attention is required for;


 the approval of Contractor’s designs in compliance with the concerned local authority
requirements;
 contractor’s trading license must have the capability to undertake the type of works described
in this Tender.

3.3.10 Details of Insurances


Details of the Construction All Risks Insurance Programme to be arranged by the Employer are given in
section 9 of Volume 1 Commercial of the Tender Documents.

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

and shall cover as a minimum:


 All risk coverage of the Contractor’s Plant/ Equipment and other property brought to the site,
including while in transit;
 P&I insurance for any delivery vessels or floating Plant/ Equipment
 Off site Third party public liability insurance;
 Workers compensation insurance in the Country and Contractor as employer’s Liability
Insurance;
 Motor vehicle and Public Liability insurance for vehicles in the Country, and;
 The Contractor’s Professional Indemnity (PI) insurance for Design;

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3.4 Tender Schedule TS – 3: Design Activities

3.4.1 Design Management and Organisation


The Contractor shall provide details of his proposals for the overall management and organisation of the
design and verification of the design of the Works.

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.

3.4.2 Proposed Designer(s)


The Contractor shall provide full details of his proposed designers with details of their corporate
experience in designs of a similar nature and their licences in accordance with local requirements.

3.4.3 Contractor’s Concept Design


The Contractor’s Concept Design shall be attached to the Schedule. It shall include enough details,
calculations, drawings and any other elements which allow the Employer to perform a proper technical
evaluation of the proposed solution.
For the proposed technical solution the Contractor shall highlight the following;
 benefits for the Employer;
 lifecycle implications (maintenance, cost/ benefit/ environmental considerations etc);
 List of risks and envisaged mitigation.

3.4.4 Proposed Independent Design Verifier(s)


The Contractor shall provide full details of his proposed Independent Design Verifier(s) with details of
their corporate experience in the verification of designs of a similar nature.

3.4.5 Design Verification Proposals


The Contractor shall provide an outline of his proposed procedures for design verification which reflect
the requirements for design verification described in the Specifications.

3.4.6 Curricula Vitae of Proposed Design and Verification Staff


The Contractor shall provide the following details in respect of the key design management, design
personnel and independent verification personnel proposed for the project:

 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

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By nominating personnel the Contractor is committing to making them, or their alternate(s), available
to the project if it is awarded the Contract.

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3.5 Tender Schedule TS – 4: Construction Activities
3.5.1 Construction Management and Organisation
The Contractor shall provide details of his proposals for the overall management and organisation of
the construction and verification of the construction of the Works.

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.

3.5.2 Major Subcontractors and Suppliers


3.5.2.1 Major Subcontractors and Suppliers
The Contractor shall set out details, including experience and record, of the major subcontractors and
suppliers it proposes to use and the extent of their proposed participation in the execution of the Works.
For the purpose of this Tender Schedule a major subcontractor or supplier is defined as one executing
more than USD 5,000,000 of the Permanent Works or supplying more than USD 2,000,000 worth of
Materials.

The Contractor shall, in any case, provide details of the source, with quantities, of materials important
for the completion of the Works.

3.5.2.2 Approved sub-contractor’s and suppliers


Not used.

3.5.3 Staff and Labour


The Contractor shall set out his estimate of the monthly labour force it will employ for the execution of
the Works. Each category of the labour force is to be separately identified.

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.

3.5.4 Curricula Vitae of Proposed Construction Staff


The Contractor shall provide the following details in respect of the key construction management,
including those of major subcontractors, and independent construction verification personnel
proposed for the project:

 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

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By nominating personnel the Contractor is committing to making them, or their alternate(s), available
to the project if it is awarded the contract.

3.5.5 Contractor’s Equipment


The Contractor shall set out his detailed list of proposed Contractor’s Equipment.

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.

3.5.6 Proposed Construction Working Hours


The Contractor shall set out its proposed working hours. Where these vary for different operations each
such operation and its corresponding working hours are to be identified. The Contractor’s attention is
drawn to the provisions of Sub-Clause 6.5 of the Conditions of Contract

Number of days to be worked per week ........................

Number of hours to be worked per day,


 Monday to Friday........................
 Saturday ........................
 Sunday ........................

Separate details shall be provided for different operations if appropriate

Separate sheets may be used as necessary and signed by the Contractor.

3.5.7 Details of Existing Utilities and Other Obstructions


The Contractor shall submit details of its proposals to obtain the accurate location of utilities and other
obstructions including Unexploded Ordnance (UXO) in advance of work being undertaken. Details shall
include the name, accreditation and experience of the proposed verifier/clearer of UXO.

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.

3.5.8 Contractor’s Working Areas


The Contractor shall submit information, both descriptive and on a drawing, of its proposed layout and
usage of the areas available for the Contractor’s Compounds, in accordance with the requirements of
Sub-Clause 4.23 of the Conditions of Contract and as may be detailed further in the Specification.

The details to be given shall include where applicable:

 Location and sizes of site offices, stores, Contractor’s Equipment sheds, canteens and the
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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.

3.5.9 Detailed Proposed Construction Method Statement


The Contractor shall set out his detailed proposed construction method statement. This shall include
but not be limited to:

 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

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3.6 Tender Schedule TS - 5: Detailed Proposed Program for Construction

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.

The programme shall be computer-generated precedence, network-linked Gantt chart programme


clearly identifying the critical paths, and showing in detail down to at least Level 3 the proposed
construction sequence of the Works.

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.

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3.7 Tender Schedule TS - 6: Price Information
3.7.1 Schedule of Price

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.

3.7.2 Schedule of Rates for Daywork and Idle Time


To be determined.

3.7.3 Estimated Monthly Cash Flow


The Contractor shall set out his estimate of anticipated monthly progress payments, having regard to
retention, payment and repayment of the advance payment. The Contractor should expand or contract
the table to suit his proposed programme.

Estimated Monthly Cash Flow


Contract Estimated Monthly Estimated Date Cumulative Amount of
Month No. Payments AED Payment Due Payment AED
Advance
1.
2.
3.

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4.0 Not Used

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5.0 Form of Undertaking to Provide a Parent Company
Guarantee
The Contractor shall provide an undertaking in the in the form below on the letterhead of its ultimate
holding company or, in the case of a joint venture or consortium, from the ultimate holding company of
any subsidiary company which forms the joint venture or consortium.

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) ,

for and on behalf of [insert name of ultimate holding company]

In the presence of:

(signature) ,

(name ) ,

(position) ,

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