Abu Dhabi Equine Rev001

CONSTRUCTION,COMPLETION AND MAINTENANCE OF ABU
DHABI EQUINE AND CAMEL HOSPITAL AT PLOT No. P21, AL
WATHBAH, ABU DHABI, UNITED ARAB EMIRATES

CONTENTS
1- Project Scope Of Works
2- Project Milestone
3- Project Cash Flow Histogram
4- Project Official Letters

1- Project Scope Of Works
Construction, Completion and Maintenance of Equine and Camel Hospital
Tender No. RAB/P01/ADECH/T01 Client Name: Rabdan Holding LTD.
Project Duration 12 Months Location Plot No. P21, Al Wathbah, Abu Dhabi, UAE
Consultant : Mark Haber and Associates Built Up Area: 10,367 M2.
Project Amoun: AED 65,750,000.00
UAE Dirhams : Sixty Five Million Seven Hundred Fifty Thousand Only.
PROJECT OVERVIEW
Name Mahmoud El achi Title Head Of Estimation Signature

Abu Dhabi Equine and Camels Hospital
B. The Contractor “Scope of Work”
1. The Contractor responsibilities

User requirements
Refer to above section A “Introduction and client requirements”
The Contractor to provide the full turnkey design solution for the project to include but not limited to the
following:
- Design.
- Engineering.
- Procurement.
- Earth Works.
- Installation.
- All Authorities approval / NOC’s.
- Underground works such as: Dewatering, foundation, piling (if required), pile caps…. Etc.
- Construction of all project building.
- Utilities Connection of the building as required to nearly networks that assumed to be nearby
the plot at the planned Roadside (Plot Side).
- External access road works around the building and leading to the plot entrance from the road.
- All temporary roads during the Construction that are needed to execute the scope of work.
The SOW is intended as a guide for the Contractor to understand the overall basic design requirements
of the Project and is not intended to identify each specific design component related to code and
construction items. The Contractor must provide those details during the several design phases of the
project ensuring that they are in compliance with all the applicable UAE codes, regulating authorities,
the international standard for this type of building and the deliverables by the client and his advisory
Consultant.
Utilities
The Contractor is required to investigate the existing plot utility and determine what upgrades (if any),
will be necessary to meet the needs of the veterinary hospital. These may include but not necessarily be
limited to power, telecoms, sewage and water distribution system.
The Contractor shall obtain all the NOCs for the disconnection & reconnection to the plot from service
providers (ADDC, ADSSC… etc.).
The Substation, associated equipment and even the related components / services inside the building.
shall be designed and built by the Contractor as per the authority regulations.
Project Completion Stage
1. Substantial completion:
It is as determined by the client at this stage:
- Major Works are completed (Structural, Civil, Architectural & MEP).
- Practical occupancy may be allowable after the “Abu Dhabi Municipality Certificate of
Completion (COC).
- Beneficial use and occupancy:
Local authorities have been issued approval to occupy (Occupation Certificate) the space for
its intended use, at this stage.
- The facility is ready for its intended use in accordance with all applicable laws.
- All the Certificates / approvals/ NOC’s have been obtained.
2. Taking Over Certificate by the Employer):
3. Final Completion Certificate (Performance Certificate):
- All the defects and Liability Period has expired and after all the snag list / punch list items and
defective works have been completely resolved.
During the last quarter of the Defect Liability Period, the Contractor shall start the procedure
of handing over the works / premises to the facility management Company under the
supervision of the client.
It is the client's responsibility to appoint the Facility Management Company.
Project Management
Intent:
The Contractor shall serve as the single responsible party for the full SOW required in the agreement. It
is his responsibility to appoint, manage, direct and coordinate the full-service team of, including
engineers, consultants, sub consultants & subcontractors and coordinate the efforts of the team in the
delivery of the project
Please note that supervision of the works shall be the responsibility of The Client / The Engineer.
Project Administration:
Services to be performed by the Contractor shall include, but not limited to the following:
- Arranging and noting of meetings and / or consultations relevant to the performance of the
SOW.
- Visits to the site, as required for performance of the SOW.
- Provide the required security for the project up to handing over stage.
- Ensure the availability of all the temporary facilities required for the completion of the works.
- Ensure the proper storage of the materials.
- Follow Oshad Code of Practice and authority procedures regarding life and safety.
- Attending meetings with his appointed sub-contractors (if any) or vendors, held at least on a
weekly basis to report the status of the schedule, cost and quality of the works.
- Preparing a project schedule, with design milestones, and providing monthly progress updates to
the Client. Where achieved progress is less than the planned, the D & B Contractor shall develop
a recovery program / plan. The schedule shall represent the full SOW, including the works by the
specialists & sub-contractors.
Project Controls
The Contractor shall submit a Project Controls Plan for RABDAN HOLDING LTD approval within 21 days
from the NTP.
It shall include but not limited to reporting, document control, change control, additional services,
document numbering together with the related software to manage it.
QA / QC
The D & B Contractor shall submit a QA / QC plan for The Engineer approval within 21 days from the
NTP.
HSE Plan
The D & B Contractor shall submit a HSE plan for The Engineer approval within 21 days from the NTP.
Final “Balanced Bill of Quantities (BOQ)”
The Contractor shall submit a detailed “balanced BOQ” for the PMC approval within 21 days from the
NTP.
It is the D & B responsibilities to provide “unit rates” for all the items of the project, especially for the
MEP works.
Lump Sum price for the MEP scope of works, (at least the major items, equipment and the like) shall
NOT be accepted.
Weekly Progress report

The Contractor shall submit on the last day of the working week or as instructed by The Engineer, a
weekly progress report for approval. The format of this report shall be agreed with The Employer / The
Engineer and shall include the following minimum information:
- Areas of Concerns.
- Manpower resources and deployment.
- Status of activities in progress.
- Status of Design issues.
- Status of shop drawings and approvals.
- Status of Authorities approvals and permits.
- Site progress pictures.
Monthly Progress report
The Contractor shall submit on the first week of the following month or as instructed by the RABDAN
HOLDING LTD / The Engineer, a monthly progress report for approval. The format of this report shall be
agreed with RABDAN HOLDING LTD / The Engineer and shall include the following minimum
information:
- Areas of Concerns.
- Manpower resources and deployment.
- Status of activities in progress.
- Status of Design issues.
- Status of shop drawings and approvals.
- Status of Authorities approvals and permits.
- Material submission and delivery schedule / log.
- Commercial / cost plan summary.
- Cash flow analysis.
- Progress S Curve.
- Site progress pictures.
N.B: Hard copies and Electronic soft copies shall be acceptable.
2. TheContractor Summary Scope of Works

The below SOW is a summary only and shall be regarded as the minimum works or minimum standards
and specifications of performance required to be executed or compiled by the Contractor.
Preliminaries
- Site Mobilization & site offices for The Client, The Engineer, Contractor &Contractor’s Consultant to
include all the facilities such as sample room, meeting room, internet facilities, temporary power &
water connections, HSE.
- Temporary fence installation and project signboard (1 no).
- Contractor personnel: Project manager, resident engineer, MEP engineer & document controller, to
be approved by the RABDAN HOLDING LTD / Advisory Consultant.
Project Warranties & Bonds
- As per Appendix A of this Chapter.
Permitting Consultant
The Contractor shall appoint a specialized consultant to revisit the concept design in accordance
with the local authorities, getting all the authorities design permits / NOCs.
The said consultant is subject to The Engineer & Client approval.
Design Development stage of the Concept design
The Contractor shall be solely responsible to develop the client’s Design in-house or through a
specialized consultant, from the Concept stage till the Close out documentations, the works shall be
to high standard of practice, to include but not limited to the following:
- Revisiting the Schematic Design to meet the authorities’ regulations.
- Develop the design and provide the detailed calculations for the Mechanical & Electrical works.
- Should the Contractor wish to appoint a specialized consultant to undertake the above works,
then the said consultant is subject to Client and Engineer Approval.
Authorities NOC’s
The D & B contractor shall be responsible to obtain all necessary approvals and NOCs from the local
Authorities from the Preliminaries stage, Design Development Phase till the Closing out
documentations and Project Handing Over.
The approvals are including but not limited to the following authorities:
- Abu Dhabi Municipality (ADM)
- DMAT & Estidama.
- Abu Dhabi Civil Defense.
- DOT.
- ADDC.
- ADSSC
- Etisalat.
- ADFSA
- ADMCC
- DU
The Construction
The Contractor shall perform soil investigation tests as directed by the authorities and shall get the
related NOC prior to starting of any construction works.
The Contractor shall “Procure, Construct and Maintain” the facility, all in accordance with the Client
requirements, the approved Concept Design drawings, Schematic Engineering drawings, Specifications
& LOM.
The maintenance period by the Contractor shall be 12 months from the date of the project “Taking Over
Certificate” for both the Civil and MEP works.
Project Completion and Handing Over:
The Contractor shall complete the project as mentioned in the above section B, Contractor
responsibilities.
- Substantial completion:
- Beneficial use and occupancy:
- Taking Over Certificate (Preliminary handing Over):
- Final Completion Certificate (Final Handing Over):
Final Connection of the Permanent Services:
The Contractor shall provide all the final connections of the permanent services including but not
limited to the ADSSC, ADDC (water, power, Etisalat) as required so as the premises be operational and
fit for purpose. The Contractor scope is limited to connect as per authorities’ regulations the project to
the expected nearby services network that shall be located at the planned roadside (project side). Any
connection further than the planned road including the crossing duct, NDRC, etc. is not included within
his scope of work.
The Contractor is obliged to coordinate with the Client and his associated Infrastructure Consultant /
Contractors. The Contractor to enable the approval and construction of these works that are not
included within his scope of work. These works are the utilities services rooting, power cables unit
package, water supply pipes, pool drainage pipes, manholes, etc. that will secure the power, water
sewerage, telecommunication form the services network nearby the hi-way to the project’s allocated
networks at the new roadside or to the project directly.
Maintenance Works during the “Defects Liability Period” (DLP):
The Contractor shall be solely responsible for the maintenance of the completed works, including but
not limited to Preventive as well as Defective Maintenance, under the supervision of the Engineer and
client, and this during the whole DLP.
Project Close out Documentation
The Contractor shall provide all the required “Close out Documentation” at the end of the project as a
part of the handing over phase, including but not limited to the following:
- “As Built Drawings“(Hard and Soft copies, 3 nos. each)
- “Operation & Maintenance Manuals”.
- All the required “Warrantees”.
- Sub-Contractors names & contact details (if any).
Project Components- Phase01
Equine and Camels Hospital

2- Project Milestone
Abu Dhabi Equine Camel Hospital
Base Line Program
Activity ID Activity Name Orig. Start Finish Total 2023 2024
Dur. Float
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Abu Dhabi Equine & Camel Hospital 313 10-May-23 09-May-24 0 09-May-24,Abu Dhabi Equine & Camel Hospital
Milestones 314 10-May-23 09-May-24 0 09-May-24, Milestones
Contractual 314 10-May-23 09-May-24 0 09-May-24, Contractual

TEK91090 Project Commencement Date 0 10-May-23 0 Project Commencement Date, 10-May-23
TEK91100 Preliminaries 314 10-May-23 09-May-24 0 Preliminaries
TEK92380 Project Finish 0 09-May-24 0 Project Finish,
Mobilization Works 18 10-May-23 30-May-23 0 30-May-23, Mobilization Works
General 18 10-May-23 30-May-23 0 30-May-23, General

Miscellaneous Deliverables 8 10-May-23 18-May-23 10 18-May-23, Miscellaneous Deliverables
Submissions 3 10-May-23 14-May-23 12 14-May-23, Submissions

Approvals 7 11-May-23 18-May-23 10 18-May-23,Approvals
Engineering 187 20-May-23 24-Dec-23 57 24-Dec-23, Engineering
Materials 49 20-May-23 16-Jul-23 34 16-Jul-23, Materials

Shop Drawings 57 04-Jun-23 08-Aug-23 18 08-Aug-23, Shop Drawings
Long Lead Items 24 24-Jun-23 22-Jul-23 55 22-Jul-23, Long Lead Items
Placing Order & Delivery to Site 143 10-Jul-23 24-Dec-23 57 24-Dec-23, Placing Order & Delivery to Site
Construction 276 31-May-23 16-Apr-24 20 16-Apr-24, Construction
Infrastructure Works 172 31-May-23 17-Dec-23 124 17-Dec-23, Infrastructure Works

Buildings - Blocks 226 18-Jun-23 06-Mar-24 0 06-Mar-24, Buildings - Blocks
External Works 256 24-Jun-23 16-Apr-24 0 16-Apr-24, External Works
Testing & Commissioining 92 26-Dec-23 10-Apr-24 0 10-Apr-24, Testing & Commissioining
Project Close-Out 32 03-Apr-24 09-May-24 0 09-May-24, Project Close-Out
Actual Level of Effort Remaining Work Milestone Date Revision Checked Approved
ENERVO Contracting
10-May-23 BL
Actual Work Critical Remaining Work summary BL Program
3- Project Cash Flow Histogram
Project : Abu Dhabi Equine and Camel Hospital
Client: Rabdan Holding LTD
Consultant: Mark Haber and Associates
18,000,000 120.00%
Preliminary Cash Flow‐Cost Curve
16,000,000
100.00% 100.00%
98.45%
95.04%
14,000,000
88.42%
12,000,000 80.00%
76.99%
9,764,533
9,580,433
8,623,113
10,000,000
63.88%
7,968,243
7,510,623
6,637,463 60.00%
8,000,000
49.31%
6,000,000 40.00%
4,369,745
4,358,568
34.46%
2,533,348
4,000,000
2,236,158
22.34%
20.00%
1,145,365
1,022,413
2,000,000
12.24%
5.60%
1.74%
‐ 0.00%
Month 01 Month 02 Month 03 Month 04 Month 05 Month 06 Month 07 Month 08 Month 09 Month 10 Month 11 Month 12
Period (Planned) 1,145,365 2,533,348 4,369,745 6,637,463 7,968,243 9,764,533 9,580,433 8,623,113 7,510,623 4,358,568 2,236,158 1,022,413
Cumulative (Planned) 1,145,365 3,678,713 8,048,458 14,685,920 22,654,163 32,418,695 41,999,128 50,622,240 58,132,863 62,491,430 64,727,588 65,750,000
Progress (Planned) 1.74% 5.60% 12.24% 22.34% 34.46% 49.31% 63.88% 76.99% 88.42% 95.04% 98.45% 100.00%
4- Project Official Letters
Ref: RAB/P01/ADECH/ENV/2023/C01
dated …………………. 2023
CONSTRUCTION CONTRACT
Rabdan Holding Ltd

and
ENERVO Contracting and General Maintenance L.L.C.
FIDIC Conditions of Contract for Construction for Building and

Engineering Works Designed by the Employer (First Edition 1999)
Amended with Particular Conditions (Red Book)
For the execution and completion of the Abu Dhabi Equine and Camels
Hospital at Al Wathba, Abu Dhabi, United Arab Emirates.
Contract Agreement
Dated …… March 2023
Parties
(1) RABDAN HOLDING LTD of P.O. Box 2297, Abu Dhabi, United Arab Emirates (the
Employer), and
(2) ENERVO Contracting and General Maintenance L.L.C. having its registered office at P.O.
Box 26180, Abu Dhabi, United Arab Emirates (the Contractor).
Background
(A) The Employer desires that the Works known as the Abu Dhabi Equine and Camels Hospital
at Al Wathba, Abu Dhabi, United Arab Emirates should be executed by the Contractor, and
has accepted a tender by the Contractor for the execution and completion of these Works
and the remedying of any defects therein.
(B) The Contractor represents that it has the necessary equipment, personnel and capability to
carry out the Works and is willing to do so on the terms and conditions of this Contract.
The Employer and the Contractor agree as follows:
1 In this Contract Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions (as defined below).
2 The following documents shall be deemed to form and shall be read and construed as
comprising the Contract:
(a) This Contract Agreement;
(b) The Appendix to Tender attached to this Contract Agreement;
(c) The General Conditions of the FIDIC Conditions of Contract for Construction for
Building and Engineering Works, designed by the Employer, 1st edition 1999 as
amended by the Particular Conditions attached to this Contract Agreement (together
the Conditions); and
(d) The Drawings and Specification, the Tender Clarifications, the completed Schedules,
Annexures to this Contract, and the Contractor's Proposals.
These documents shall have the order of priority set out in clause 1.5 of the Contract.
3 The Employer shall pay to the Contractor the sum of sixty-five million, seven hundred and
fifty thousand Emirati dirhams (AED 65,750,000) plus VAT (the Accepted Contract
Amount) or such other sum as may become payable under the Contract (as detailed below)
in consideration for the execution and completion of the Works and the remedying of defects.
4 In consideration of the payments to be made by the Employer to the Contractor pursuant to

the Contract the Contractor covenants with the Employer to execute and complete the Works
Ref: RAB/P01/ADECH/ENV/2023/C01 1
and remedy any defects therein, in conformity in all respects with the provisions of the
Contract.
5 The Employer hereby covenants to pay the Contractor, in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price at the
times and in the manner prescribed by the Contract.
6 The Contractor undertakes to the Employer:
(a) that all materials, goods and equipment supplied under the Contract shall be new (or
as otherwise required by the Contract), free from liens and encumbrances, free from
material or structural defects of any kind, the best and most suitable of their
respective kinds for their intended uses and shall conform to their descriptions as set
out in the Contract;
(b) that all workmanship shall conform strictly to the standards laid down in the Contract
and, if no such standards are laid down, to the best accepted international standards
of current professional construction and engineering practice;
(c) that the Works shall not be defective or incomplete by reason of:
i incorrect selection or quantities of materials or equipment;
ii faulty materials, equipment or workmanship;
iii inadequate Site supervision by the Contractor or incorrect instructions issued by

the Contractor; or
iv any act or omission of the Contractor or its Subcontractors, employees, agents

or representatives; and
(d) that the form of authority attached to this Contract Agreement by the Contractor is
current and authorises the Contractor's signatory to execute the Contract Agreement
for and on behalf of the Contractor and that the signatory has the capacity and
authority to bind the Contractor.
7 The undertakings set out in clause 6 of this Contract Agreement shall not limit and are in
addition to all other express and implied undertakings, rights and remedies provided in or
arising out of the Contract and the Contractor (and any party providing security for the
Contractor's obligations under the Contract) shall be liable for the satisfaction and full
performance of all such undertakings.
In witness whereof the parties hereto have caused this Contract Agreement to be in accordance with
the laws of the country in which they are registered or incorporated.
Executed by RABDAN HOLDING LTD
Signature Company Stamp
Signed By Date Signed
Position
Position
Executed by ENERVO Contracting and

General Maintenance L.L.C.
Position
APPENDIX TO TENDER
SN Item Sub- Data

Clause
1. Employer's name and address 1.1.2.2 RABDAN HOLDING LTD

and 1.3 P.O. Box 2297Abu Dhabi, UAE
Tel No.: +971-2410-3500
Email: info@rabdanholding.com
2. Contractor's name and 1.1.2.3 ENERVO Contracting and General

address and 1.3 Maintenance L.L.C.
PO Box 26180Abu Dhabi, U.A.E.
Trade License No.:CN-2228722
Tel No.: +971562693619
Email: info@enervo.ae
3. Engineer's name and address 1.1.2.4, Mark Habre & Associates

1.3 and PO Box 2535, Abu Dhabi, U.A.E.
3.1 Tel No.: +971 2 6744524
Fax No.:+971 2 6744525
Email: markhabre@mhaconsultant.com
4. Time for Completion of the 1.1.3.3 365 days

Works
5. Defects Notification Period 1.1.3.7 The Defects Notification Period shall be: 365
days for the Works, save that a period of 730
days applies to all MEP Works.
6. Electronic transmission 1.3 Email
systems
7. Governing Law 1.4 The laws of the Emirate of Abu Dhabi, and the
Federal Laws of the United Arab Emirates, as
applicable in the Emirate of Abu Dhabi.
8. Ruling Language 1.4 English
9. Language for communications 1.4 English
10. Time for access to the Site 2.1 Commencement Date is 14 days from date of
Letter of Acceptance and/or date of obtaining the
Building Permit and/or as advised by the
Engineer
11. Amount of Performance Bank 4.2.1 10% of the Contract Price and shall expire within
Guarantee and expiry of 28 days after receiving a copy of the
Performance Bank Guarantee Performance Certificate.
12. Time for submission of 8.3 Within twenty-eight (28) days from the date
programme notice to commence the Works is issued under
Sub-Clause 8.1.
13. Delay damages for the Works 8.7 and AED 65,750 per day (or part thereof).
14.15(b)
14. Maximum amount of delay 8.7 10% of the Contract Price

damages
15. Overheads and Profit for 13.5 5%

Provisional Sums
16. Contract Price 14.1 AED 65,750,000 plus VAT, as varied from time to
time in accordance with the terms and conditions
of this Contract.
17. Total advance payment 14.2 & 10 % of the Accepted Contract Amount
14.7(a)
18. Recovery of the advance 14.2 The recovery of the advance payment shall start
payment when the progress of the Works has achieved
40%. Following such milestone being achieved,
the advance payment shall be recovered in equal
instalments over the remaining Interim Payment
Certificates issued under the Contract.
19. Percentage of retention 14.3 10%
20. Limit of Retention Money 14.3 10% of the Contract Price
21. Plant and Materials for 14.5(b) Sub-Clause 14.5(b) does not apply
payment when shipped en
route for the Site
22. Plant and Materials for 14.5(c) Sub-Clause 14.5(c) does not apply
payment when delivered to the
Site
23. Minimum amount of Interim 14.6 2% of the Accepted Contract Amount

Payment Certificates
24. Currency/currencies of 14.15 100% in Emirati Dirhams (AED)

payment
25. Period for Submission of 18.1 28 days from the date of the Letter of
evidence of taking out and Acceptance.
maintaining insurance
26. Maximum amount of 18.2(d) All risks of physical loss or damage from any
deductibles of insurance of the cause in relation to all contract works, including
Employer's risks (Contractor’s permanent and temporary works, materials,
All Risk (CAR)) equipment, plant, supplies and the like to be
incorporated in to the Project. The insurance
shall cover the full replacement cost of the
Project (Contract Price) plus additional costs
(15% of the Contract Price) for demolition,
removal of debris and professional fees and
profit.
27. Minimum amount of third party 18.3 AED 5,000,000/ (minimum level of coverage) for
insurance each and every incident, number of incidents
unlimited.
28. Insurance for Contractor’s 18.4 Minimum coverage required for Workmen’s
Personnel and all Sub- compensation and Employer’s Liability Insurance
contractors not less than AED 1,000,000 and as per
Statutory Insurance Laws of United Arab
Emirates.
29. Professional Indemnity 18.5 AED 1,000,000.00 each and every occurrence
Insurance and AED 20,000,000.00 in aggregate
30. Motor Vehicles Third Party 18.6 AED 3,500,000/ for each and every incident,
Liability Insurance causing personnel injury or death or damage to
property.
31. Arbitration 20.3 The arbitration rules shall be those of the ICC
International Court of Arbitration.
The nominating body (if required) is the ICC.
The arbitration proceedings shall take place in
Abu Dhabi, United Arab Emirates.
The seat of the arbitration shall be Abu Dhabi,
United Arab Emirates (but not within the area of
the ADGM).
32. Project 1.1.5.9 Abu Dhabi Equine and Camels Hospital at Al
Wathba, Abu Dhabi, United Arab Emirates.
33. Working Hours 6.5 0800-1800 Monday to Saturday or as otherwise
stipulated by local labour laws or municipality
regulations
CONDITIONS OF CONTRACT
This Contract is a lump sum fixed price Contract and shall be governed by the “Conditions of Contract
for Construction, for Building and Engineering Works Designed by the Employer, first edition 1999”
published by the "Federation Internationale Des Ingenieurs-Conseils (FIDIC)" and the following
“Particular Conditions”, which include amendments and additions to such general conditions. The
Contractor is deemed to be in possession of their own copy of the FIDIC Conditions of Contract.
PARTICULAR CONDITIONS
Sub-Clause 1.1 Definitions
After Sub-Clause 1.1.1.10 add the following definitions:
"1.1.1.11 "Conditions" means the General Conditions and these Particular

Conditions."
Sub-Clause 1.1.3.1 shall be amended as follows:
Replace the reference to “28 days” with “10 days”.
After Sub-Clause 1.1.3.9 add the following:
"1.1.3.10 "Completion Permit" means all permits and permission required

from the relevant Government Authority to demonstrate that the
Works are complete and constructed in accordance with the
requisite approvals and are legally fit for their intended purposes.
1.1.3.11 Any calendar references are to the Gregorian Calendar.
1.1.3.12 "Tender Clarifications " means the responses given by the

Employer and/or Engineer, during the tender for this Project, as
set out in Annex 5.
1.1.3.12 "Programme Reporting Requirements" means the

requirements set out in Annex 6.
1.1.3.12 "Payment Procedures Guidance" means the guidance set out

in Annex 7.
In line 2 delete "overhead and similar charges" and insert "Site Overheads".
After Sub-Clause 1.1.4.12 insert:
"1.1.4.13 "Site Overheads" means Site-specific overheads excluding

central office overheads and similar charges that are not solely
related to the Site and excluding profit, as set out in the Bills of
Quantities and/or Specification."
After Sub-Clause 1.1.5.8 insert the following:
"1.1.5.9 "Project" means the project identified in the Appendix to Tender

for which the Works under this Contract are being performed.
1.1.5.10 "Related Work" means all and any of the work being carried out
by other contractors and/or legally constituted public authorities in
relation to the Project and so notified to the Contractor by the
Employer and/or Engineer including, but not limited to, the work
to be carried out by the Other Contractors."
Delete "Sub-Clause 4.2" and replace with "Sub-Clauses 4.2.1 and 4.2.2".
Sub-Clause 1.1.6.8 shall be amended to read as follows:
“1.1.6.8 “Unforeseeable” means unforeseeable as judged by reference

to the standard of foresight reasonably expected of an
experienced contractor operating in the Country, on the date of
the submission of the Tender, having regard (amongst other
things) to all the information available to the Contractor and to the
due performance of its obligations pursuant to the Contract.”
After Sub-Clause 1.1.6.9 insert the following:
"1.1.6.10 "Performance Bank Guarantee" means a performance bank

guarantee as referred to in Sub-Clause 4.2.1 and in the form set
out in Annex 3.
1.1.6.11 "Hazardous Substances" means any natural or artificial

substance (whether in solid or liquid form or in the form of a gas
or vapour and whether alone or in combination with any other
substance) capable of causing harm to man or any other living
organism supported by the environment or damaging the
environment or public health including but not limited to any
controlled, hazardous, toxic or dangerous waste.
1.1.6.12 "Government Authority" means any ministry, the department,

office, authority, instrumentality, agency, board or commission
acting on behalf of the government of the Emirate of Abu Dhabi,
having jurisdiction over the Works or the Site.
1.1.6.13 "Prohibited Materials" means Materials which (a) affect or put at

risk the health or safety of any person who may come into
contact with the Works (whether during construction or after their
completion); or (b) are by themselves or as a result of their use in
a particular situation or in combination with other materials, would
or are likely to have the effect of reducing their normal life
expectancy or performance of any other material or structure in
which the Materials are incorporated or to which they are affixed;
or (c) which are not in accordance with the standards set out in
the publication entitled "Good Practice in the selection of
Construction Materials" published by Ove Arup & Partners.
1.1.6.14 "Value Engineering" means a structured system for the review

of the design, supply and construction process to identify options
and scope for improvement, including reduced capital and/or
whole life costs, improved buildability and improved functionality.”
Sub-Clause 1.2 Interpretation
Insert the following paragraphs at the end of Sub-Clause 1.2:
"Except where this Contract provides otherwise, each Party shall pay its own
costs relating to or in connection with the negotiation, preparation, execution and
performance by it of this Contract and of each agreement or document entered
into pursuant to this Contract and the transactions contemplated by this Contract.
No variation, amendment, waiver or addition of this Contract or any agreement or

document entered into pursuant to this Contract shall be valid unless it is in
writing and signed by or on behalf of each of the Parties.
Subject to changes permitted in accordance with this Contract, this Contract

contains the complete agreement between the Parties in relation to the Work
(subject to any further agreements made pursuant to the Contract) and
supersedes all prior agreements or understandings between them.
The Parties shall not be bound by or be liable for any statement, representation,
promise, inducement, or understanding of any kind or nature relating to the
Works which is not set forth or provided for herein.
If any provision of this Contract is or becomes illegal, invalid or unenforceable

under the Laws, that shall not affect or impair the legality, validity or
enforceability under the Laws of any other provision of this Contract. In such
case the Parties shall agree on a valid provision which comes commercially and
legally closest to the void, voidable, illegal or otherwise unenforceable provision."
Sub-Clause 1.5 Priority of Documents
Delete Sub-Clause 1.5 and replace with:
"The Employer and the Contractor confirm that they are not aware of any
ambiguities or discrepancies in the several documents forming the Contract.
Without prejudice to the Employer and Contractor's confirmation that they are not
aware of any ambiguities or discrepancies, the several documents forming the
Contract are to be taken as mutually explanatory of one another, but in the event
that the Employer or the Contractor become aware of any ambiguities and/or
discrepancies at any time the same shall be notified by the Contractor sending a
Notice to the Engineer, and the Engineer shall issue any necessary clarification
or instruction. For the purposes of interpretation, the priority of the documents
shall be in accordance with the following sequence (in descending order):
(a) the Contract Agreement;
(b) the Appendix to Tender
(c) these Particular Conditions;
(d) the General Conditions;
(e) the Conditional Letter of Acceptance (if applicable);
(f) the Tender Clarifications;
(g) the Drawings;
(h) the Specification; and
(i) any other document forming part of the Contract,
except where a document is stated expressly to amend another document and

where such statement has been acknowledged and signed by both Parties."
Sub-Clause 1.7 Assignment
"Neither Party shall assign and/or transfer the whole or any part of the Contract
or any benefit or interest in or under the Contract without the prior written
agreement of the other Party, at the sole discretion of such other Party.
However, the Employer may assign and/or transfer its rights and obligations
under the Contract to any person on two occasions by notice in writing to the
Contractor at any time without the requirement for the Contractor’s consent and
the Contractor shall enter into such further documentation as may be required to
effect such assignment and/or transfer provided that no such assignment and/or
transfer shall alter any terms of the Contract."
Sub-Clause 1.13 Compliance with Laws
Delete “and” at the end of sub-paragraph (a) and add the following:
“(c) the Contractor shall comply with the latest/ current statutes, ordinances,
Laws, regulations, decrees and by-laws applicable in the Emirate of Abu
Dhabi. The Contractor shall be responsible for ascertaining the extent
and incidence of all taxes, customs rates, dues and all other charges
payable in accordance with such matters and shall give all notices in
compliance herewith, and
(d) the Contractor shall be held to have included in the Contract Price for the
payment of all charges of whatever nature required to be paid in order to
comply in all respects with the provisions of the Contract and the
aforementioned Statutes, Ordinances, Laws, Regulations and By Laws.
The Contractor shall indemnify the Employer from all or any losses, claims, costs
and liabilities sustained or incurred by the Employer to any such person arising
out of or in relation to the Contractor’s failure to comply with its obligations under
this Sub-Clause.”
Insert new Sub-Clauses 1.15 and 1.16 as follows:
"Sub-Clause 1.15 "Confidentiality
All information obtained by the Contractor in the course or conduct of the

Contract shall be held confidential and shall not be divulged by the Contractor to
any third party save to the extent necessary to effect the execution of the
Contract and then only on the basis that the recipient of such information shall be
bound by similar confidentiality obligations to those undertaken by the Contractor
hereunder provided that the Contractor notifies the Employer with details of such
information and obtains his approval on such disclosure.
Provided however that this obligation shall not apply to information which:
(a) is or shall become part of the public domain otherwise than in

consequence of a breach by the Contractor of its obligations under this
clause;
(b) was in the Contractor's possession prior to the award of this Contract and
which the Employer did not notify the Contractor as being confidential or
which would not reasonably be regarded as confidential by its very
nature;
(c) was received from third parties having to the best of the Contractor's
knowledge the right to disclose such information;
(d) is required to be disclosed by applicable Laws.
The Contractor shall ensure that the provisions of this clause are incorporated in
any sub-contracts or supply orders and that the employees, agents or
representatives of all or any of the sub-contractors or suppliers comply with the
same. This clause shall remain binding on the Contractor notwithstanding the
completion or termination of this Contract for any reason.
Sub-Clause 1.16 Conflict of Interest
Unless otherwise agreed in writing by the Employer, the Contractor shall have no
interest in nor receive any remuneration or other benefit in connection with the
Project except as provided for in this Contract. The Contractor shall not engage,
either directly or indirectly, in any activity which might conflict with the interests of
the Employer under this Contract."
Sub-Clause 2.2 Permits, Licences or Approvals
Insert the following at the end of Sub-Clause 2.2:
"The Employer's assistance referred to in this Sub-Clause 2.2(b) shall be limited

to letters of support to the relevant Government Authorities responsible for these
matters. All further actions necessary in connection with such applications shall
be the Contractor's sole responsibility. The Contractor shall be liable for all the
reasonable costs incurred by the Employer in complying with the Contractor's
requests pursuant to this Sub-Clause 2.2."
Sub-Clause 2.4 Employer's Financial Arrangements
Delete Sub-Clause 2.4
Sub-Clause 3.1 Engineer's Duties and Authority
Insert the following wording at the end of Sub-Clause 3.1:
"The Engineer is required to obtain the written approval of the Employer before
exercising the following authority:
(a) instructing the Contractor to suspend progress of part or all of the Works
in accordance with Sub-Clause 8.8;
(b) issuing a Taking-Over Certificate in accordance with Sub-Clauses 10.1

and 10.2;
(c) issuing a Performance Certificate in accordance with Sub-Clause 11.9;
(d) initiating and evaluating Variations in accordance with Sub-Clauses 13.1

and 13.3;
(e) certifying the payment of Retention Money in accordance with Sub-

Clause 14.9;
(f) issuing a Final Payment Certificate in accordance with Sub-Clause 14.3;
(g) authorising any changes in materials or suppliers previously proposed or

agreed; and
(h) authorising any changes, variations or omissions to the Works,
unless the above is necessary to secure the health and safety of the Site or any
person on it."
Sub-Clause 4.1 Contractor's General Obligations
In the final sentence of the fourth paragraph of Sub-Clause 4.1 after "notified to"
insert "and approved by".
Insert the following at the end of Sub-Clause 4.1 as follows:
"The Contractor undertakes to the Employer that:
(a) he and his subcontractors have exercised and shall continue to exercise
in the design of the Works (to the extent specified in the Contract) all the
skill, care and diligence to be expected of a professionally qualified and
competent designer experienced in preparing designs in respect of
Works of a similar size, scope and complexity to the Works and that
they have been and shall be designed using proven up-to-date good
practice and to standards which are consistent with the Contract and
that when completed the designs shall comply with the Laws;
(b) it shall not specify for use, permit to be used or approve any materials to
be used in connection with the Works any materials which at the time
the Works are being carried out are generally accepted or reasonably
suspected of being Prohibited Materials, and the Contractor shall notify
the Employer immediately if it becomes aware that any such materials
have been or are intended to be used in connection with the Works;
(c) the design (to the extent specified in the Contract), execution and
completion of the Works will be carried out in such a way as to ensure
the contractually agreed and safe commercial operation of the Works
after completion with the minimum interruption for maintenance or
repair."
Insert new Sub-Clauses 4.1A as follows:
“Sub-Clause 4.1A Decennial Liability
“The Contractor shall be held responsible, and be liable, for a period of ten (10)
years after the issuance of the Performance Certificate for the safety of the
Works, the complete structure including piling and building foundation,
waterproofing to substructure and superstructure, wet areas, roofing, and
façade including for the consequences of any errors, omissions, negligence,
default or defect arising from the design (as applicable) and construction of
Works.
Warranty period for all other Works including plant, finishes, fittings, equipment,
etc., of the construction shall be in accordance with the requirements of the
Contract.
The Contractor shall submit assignable warranties for the above along with
“back to back” warranties from all the concerned Subcontractors and Suppliers
of each element of the Works, in a form acceptable to the Employer. The
Contractor shall ensure that such warranties are also assignable by the
Employer.
Such liability shall not limit, reduce or negate any of the Employer’s rights or any
of the Contractor’s obligations under the laws in the Emirate of Abu Dhabi.
The approval of the Engineer, the issuance of the Performance Certificate and
the return of the Performance Bank Guarantee and expiry of any insurances
shall not in any way absolve or relieve the Contractor from any such obligation,
responsibility or liability herein.”
Sub-Clause 4.2 Performance Security
Delete Sub-Clause 4.2 and replace with the following Sub-Clauses:
"Sub-Clause 4.2.1 Performance Bank Guarantee
The Contractor shall obtain and submit within 28 days from the date of the Letter
of Acceptance a guarantee for the due performance of the Contract in the sum
set out in the Appendix to Tender in the form of an unconditional and irrevocable
Performance Bank Guarantee. The Performance Bank Guarantee shall be in the
form set out in Annex 3 and shall remain in full force and effect during the actual
period of execution of the Works and until the issue of the Performance
Certificate in respect of the Works (or until the date (if any) set out in the
Performance Bank Guarantee). A Performance Bank Guarantee provided by an
insurance company shall not be acceptable to the Employer. In no event shall
the sum of the Performance Bank Guarantee constitute a ceiling or limitation of
liability of the Contractor. The obtaining and renewing of the Performance Bank
Guarantee shall be at the expense in all respects of the Contractor. The
Performance Bank Guarantee shall be retained by the Employer as a guarantee
for the due execution and proper performance of the Contract. The Employer
retains the right to require the Contractor (at the Contractor's expense) to
increase the value of the Performance Bank Guarantee should the Contract
Price increase by 15% or more for any reason.
The Contractor shall maintain the Performance Bank Guarantee at the amount
required in accordance with the terms and conditions of the Performance Bank
Guarantee until the Performance Certificate is issued (or until the date (if any)
set out in the Performance Bank Guarantee). If the Contractor fails to maintain
the said amount, the Employer reserves the right to withhold an amount equal to
the deficit in the amount of the Performance Bank Guarantee from any sums
payable to the Contractor pursuant to the Contract.
Sub-Clause 4.2.2 Collateral Warranty
The Contractor shall, within 10 days of being requested to do so in writing by the

Engineer, execute and deliver to the Employer, Collateral Warranties in favour of
the Employer, in a form approved and acceptable to the Employer.
Sub-Clause 4.2.3 Provision of Security Documents
For so long as the Contractor may fail or refuse to provide the Performance Bank
Guarantee, Parent Company Guarantee and any Contractor Direct Agreement
and Subcontractor Direct Agreement in favour of the Employer or other identified
beneficiary in the timescales set out in Sub-Clauses 4.2.1, 4.2.2, 4.2.3 and
4.4(e), the Employer shall be under no obligation to make any payment
otherwise due to the Contractor pursuant to the Contract."
Sub-Clause 4.4 Subcontractors
The Contractor shall be responsible for the payment of all Subcontractors

pursuant to the terms of the relevant subcontracts and shall provide relevant
extracts of such subcontracts at the Engineer's request. The Employer shall
have no liability for payments due to any Subcontractors."
Sub-Clause 4.6 Co-operation
"In execution of the Works the Contractor shall in addition to complying with the
Specification:
(a) permit and facilitate the execution of Related Work on Site by other
parties;
(b) fully and actively co-operate with all parties undertaking Related Work
and jointly with them prepare co-ordination drawings taking account of
such Related Work;
(c) where necessary or where directed by the Engineer arrange and/or

attend meetings with parties undertaking Related Work and use his best
endeavours to ensure that no interruption or interference is caused by or
to any such parties;
(d) satisfy itself in adequate time before commencing any part of the Works
as to the position, dimensions and suitability of any previous Related
Work forming part of the Project which might in any way affect the Works
and advise the Engineer in writing if such previous Related Work is out of
position, wrongly dimensioned or in any other way unsuitable, so as to
minimise any resultant interruption or interference; and
(e) co-ordinate the Works with any Related Work.
In relation to the above matters, the Contractor shall comply with the Engineer’s
reasonable instructions and, for the avoidance of doubt, shall have no claim for
additional time or money if and to the extent that in relation to such matters all
parties responsible for the Related Work.
In the event that the Engineer instructs the Contractor to undertake additional
work in order to comply with the above, then such additional work shall be
treated as a Variation in accordance with Clause 13."
Insert new Sub-Clause 4.6A as follows:
"Sub-Clause 4.6A Disputes arising from Related Works
Notwithstanding Sub-Clause 4.6 and in the event that the Contractor and any
other parties undertaking Related Work cannot, by all reasonable means, reach
agreement on the activities to be co-ordinated and access for the construction of
the Works and/or the Related Works, the Engineer shall be entitled to instruct the
Contractor (and/or any other parties undertaking Related Work) as to the
interface between the Works and the Related Work. Such instructions and
activities shall not be construed as a Variation or form a basis for a claim for
additional time or payment. In the event that the Engineer instructs the
Contractor to undertake additional work, then such additional work shall be
treated as a Variation in accordance with Clause 13. The Contractor shall
indemnify the Employer against the claims of any such other parties undertaking
Related Work for loss or expense for which the Contractor is responsible.”
Sub-Clause 4.8 Safety Procedures
Insert at the end of Sub-Clause 4.8:
"The Contractor shall indemnify the Employer in respect of any liability, loss,
claim or proceedings of whatsoever nature arising out of or in connection with
any breach of the duties and obligations referred to in this Sub-Clause."
Sub-Clause 4.10 Site Data
In the first line of the first paragraph delete "The" and insert ""To the extent which
was practicable (taking account of cost and time) the".
In the first line of the second paragraph delete "To the extent which was
practicable (taking account of cost and time) the" and insert "The".
"For the avoidance of any doubt, save as set out in Sub-Clauses 4.12 and 4.24
the Contractor assumes all risks related to, and waives any right to claim an
adjustment to the Accepted Contract Amount or the required dates of completion
as a result of any conditions at the Site, including subsurface conditions, or any
other location where the Works are to be performed. "
Sub-Clause 4.21 Progress Reports
Replace the words in the first sentence of the first paragraph “Particular
Conditions” with the word “Contract”.
In Sub-Clause (a), after the word “testing”, add: “commissioning and trial
operation.”
Insert new Sub-Clause 4.25 as follows:
"Sub-Clause 4.25 Hazardous Substances
The Contractor shall not transport to, use, generate, dispose of, or install at the
Site any Hazardous Substances except in accordance with applicable Laws."
Sub-Clause 4.26 Completion Permit
“The Contractor shall be responsible for obtaining the Completion Permit for the
Works in a structured and timely manner and not later than 14 days prior to the
issuance of the Taking Over Certificate.
Without limiting the any of the Contractor’s obligations under this Contract, the
Contractor shall:
(a) Produce a programme of activities and time scales for the Completion
Permit. This programme, once approved by the Engineer, shall form
the basis of all progress reports on obtaining such approvals by the
Contractor.
(b) make sure that correct and comprehensive applications are made to
the relevant Government Authorities. This documentation prepared by
the Contractor shall reflect the requirements of the relevant
Government Authorities which shall be clearly determined by the
Contractor early and in sufficient time with regard to the statutory
periods for their examination. The documentation shall be presented in
the correct manner and issued in accordance with the permitting
programme referred to above, or otherwise determined by the
Engineer.
(c) manage and co-ordinate the connection of all services and utilities to
the Site to ensure that the whole of the Works are fully commissioned
and operational, in sufficient time to conduct testing and
commissioning, to obtain the Completion Permit and for all necessary
inspections.
(d) The Contractor shall organize and manage regular meetings with the
Employer and the relevant Government Authorities directly or indirectly
involved in the issuance of the Completion Permit (including Fire
Department, Health and Safety, Data/Telephone,
Drainage/Sewage/Sanitary, Environmentally and other Public or
Private Authorities as necessary).
(e) The Contractor shall arrange, manage, and co-ordinate all formal and
informal inspections by the Relevant Government Authorities, and
ensure that they are carried out in a structured and timely way, and do
not delay the issuance of the Completion Permit.
Sub-Clause 5.1 Definition of "nominated Subcontractor"
After "a Subcontractor" in sub-paragraph (a) of Sub-Clause 5.1 insert "but shall
not, for the avoidance of doubt, include any Subcontractor selected pursuant to
any conditional Letter of Accpetance."
Sub-Clause 5.2 Objection to Nomination
Delete sub-paragraphs (b) and (c) (including sub-paragraphs (i) and (ii)) of Sub-
Clause 5.2.
Insert a new Sub-Clause 5.5:
“Sub-Clause 5.5 Termination of Nominated Sub-Contract
“No subcontract under which a nominated Subcontractor has been employed

shall be terminated by the Contractor without the prior written consent of the
Employer.
Prior to seeking such consent, the Contractor shall submit a proposal for a
replacement Subcontractor for approval or rejection by the Engineer which shall
be at the Engineer’s sole discretion.
In lieu of accepting the Contractor’s proposal, the Engineer may make a new
nomination which shall be subject to Sub-Clause 5.2.
No consent or nomination by the Engineer pursuant to this Sub-Clause shall

reduce or otherwise affect the liability of the Contractor for the performance of
any Subcontractor.”
Sub-Clause 6.5 Working Hours
Delete Sub-Clause 6.5 and replace with the following:
"Working hours shall be as set out in the Appendix to Tender unless the work is
unavoidable or necessary for the protection of life or property or for the safety of
the Works, in which case the Contractor shall immediately advise the Engineer.
In addition, the Contractor shall comply with the directives of public authorities
with jurisdiction over the Site who may at times request that working hours be
reduced or performance of Works be suspended due to religious holidays,
summer working, matters of national security or any other reason. As a result of
these directives neither the Contract Price shall be adjusted nor shall the Time
for Completion of the Works be extended. The Employer will provide letters of
support to the relevant Government departments in the event that the Contractor
intends to carry out 24 hours/day work from Saturday to Friday."
Sub-Clause 6.8 Contractor's Superintendence
"All of the Contractor’s supervisory staff down to and including general foreman
level shall have a reasonable command of the English language. At all times
during the progress of the Works, there shall be on Site a sufficient number of
people provided by the Contractor sufficiently competent in English to ensure
transmission and comprehension of all instructions."
Sub-Clause 7.1 Manner of Execution
"The Contractor warrants that the execution of the Works will comply with the
applicable Laws.
The Contractor shall be solely responsible for the provision, sufficiency, safety
and all other risks and costs of all Plant, Temporary Works, Materials, transport
and things of every kind and for the methods adopted by him for the proper
execution of the Works in accordance with Contract. The Contractor shall at his
own expense unless otherwise specified make all his own arrangements for the
supply and the distribution of water, fuel, light and power to all points where they
are required for all the operations under the Contract."
Sub-Clause 8.1 Commencement of Work
"Upon the Engineer issuing to the Contract a notice to commence the Works, the
Contractor shall proceed with the Works with due expedition and without delay.
Subject to an express agreement otherwise, the Parties agree that if the
Contractor commenced the Works before the date of the Contract Agreement,
those Works will be deemed to have been provided under the terms of this
Contract and any fee paid for such Works shall be deemed to be included
within the Contract Price and shall be deducted from the amount of the first
interim payment due to the Contractor under this Contract."
Sub-Clause 8.2 Time for Completion
"For the avoidance of any doubt, the conditions precedent for the Contractor to
fulfil the requirements for achieving completion of the Works or Section shall
include the following:
(i) submittal to and approval by the Employer (acting reasonably at all

times) of all record documents as specified in this Contract, including but
not limited to all as-built drawings and operation and maintenance
manuals;
(ii) completion and approval by the Employer (acting reasonably at all times)
of all specified requirements for the Works;
(iii) receipt by the Employer of all documentation relating to the Works from
the Contractor that are required for the Employer to obtain governmental
approvals;
(iv) receipt by the Employer of all documents identified in this Contract as

being a pre-condition to completion of the Works or any Section; and
(v) receipt by the Employer of the Completion Permit."
Sub-Clause 8.4 Extension of Time for Completion
Insert at the beginning of Sub-Clause 8.4:
"The Contractor shall use its best endeavours at all times to preclude the
occurrence of any delay to the Works and to minimise and mitigate the effects of
any such delay on the Works."
In line 2 of the first sub-paragraph of Sub-Clause 8.4 after "if and to the extent
that" insert:
", despite using its best endeavours to preclude the occurrence of any delay and
to minimise and mitigate the effects of any such delay to the Works,"
Insert after Sub-Clause 8.4(e) the following new paragraph:
"Provided that:
(i) the Contractor has used, and continues to use, its reasonable
endeavours to avoid, minimise and mitigate any such delay;
(ii) the Contractor has complied with its obligations under Sub-Clause 8.15
in relation to the relevant delaying cause; and
(iii) any such delay which is concurrent with another delay for which the
Contractor is responsible shall not be taken into account.
In line 3 of the final paragraph of Sub-Clause 8.4, after "Sub-Clause 20.1

[Contractor's Claims]" insert:
"together with appropriate evidence and proposals consistent with the Contract
for overcoming such events and minimising any adverse effects on the time for
completion and quality of the Works."
Sub-Clause 8.7 Delay Damages
At the start of paragraph 2, replace the word “These” with “Subject to clause
8.7A, these”
Add a new paragraph at 8.7A:
“Sub-Clause 8.7A If the Contractor fails to comply with the Sub-Clause 8.2 (Time for Completion),
the Contractor shall be liable for (in addition to the Delay Damages levied
pursuant to Sub-Clause 8.7) to pay the supervision fees of the Engineer for each
day of delay.
The sum payable under this clause 8.7A is uncapped, manned by the number
and level of personal reasonably required by the Engineer, and calculated in
accordance with the following rates:
(a) Resident Engineer: AED. 55,000 per month, per person.
(b) Civil Engineer, Electrical Engineer and/or Mechanical Engineer:

AED. 48,000 per month, per person.
(c) Secretary/Document Controller: AED 18,000 per month, per person
Such amounts shall be paid immediately to the Employer, or where applicable,

deducted from any monies due to the Contractor under this Contract. Such
payment shall not relieve the Contractor from his obligation to complete the
Work, or from any other duties, obligations or responsibilities which he may have
under the Contract.”
Sub-Clause 11.9 Performance Certificate
In line 7 of Sub-Clause 11.9 after "including remedying any defects" insert:
", and the Contractor has removed from the site all of the Contractor's or any
Subcontractors personnel, supplies, waste, materials, plant, rubbish or
temporary facilities."
Clause 12 Measurement and Evaluation
The Contract Price is a lump sum and Clause 12 is not applicable. Clause 12 is
deleted.
Sub-Clause 13.1 Right to Vary
At the end of the first paragraph insert:
"A Variation may comprise the omission of any work, but such work may only be
carried out by others when in the Employer's opinion any one of the following
circumstances apply:
(i) if the Contractor shall delay commencement of the Works or shows any
delay in the progress of the Works in a manner which in the opinion of
the Employer shall not enable the Contractor to complete the Works
within the prescribed period,
(ii) if the Contractor shall materially stop the Works for a period of 15
successive days without appropriate reasons acceptable to the
Employer,
(iii) if the Contractor shall withdraw from or abandon the Works,
(iv) if the penalties for delay shall exceed the maximum limits prescribed in
the Contract,
(v) if the Contractor shall refuse or ignore the instructions given to him by the
Engineer without reasonable justification submitted in writing within 7
days of receipt of the instruction,
(vi) if the Contractor shall assign the Contract or any part thereof in the
absence of the Employer's prior written agreement."
Sub-Clause 13.2 Value Engineering
Insert "Value Engineering" after "written" in the first line of the first paragraph of
Sub-Clause 13.2.
In Sub-Clause (c) line 4, delete “half (50%)” and insert “15%”
Sub-Clause 13.3 Variation Procedure
The final sentence in the second paragraph of Sub-Clause 13.3 shall be deleted
and replaced with:
"The Contractor shall not commence the proposed work until the Engineer has
approved the proposal but the Engineer retains the right at all times to instruct a
Variation to be implemented pursuant to Sub-Clause 13.1. The Contractor shall
procure that all subcontracts it enters into with Subcontractors contain variation
provisions which will facilitate the Contractor's compliance with this Clause 13.
The last paragraph of Sub-Clause 13.3 shall be deleted and replaced with:
"Upon instructing or approving a Variation, the Engineer shall proceed in

accordance with Sub-Clause 3.5 to agree or determine adjustments to the
Contract Price. These adjustments shall include reasonable profit, and shall take
account of the Contractor's submissions under Sub-Clause 13.3 if applicable."
Sub-Clause 13.6 Daywork
Insert in the third line of the first paragraph of Sub-Clause 13.6 "(as approved by
the Engineer and the Employer)" after "daywork schedule".
Insert at the end of the first paragraph of Sub-Clause 13.6 "and work shall not be
executed on a daywork basis" after "shall not apply".
Insert in the second line of the second paragraph of Sub-Clause 13.6 "for the
Engineer's prior approval. Subject to the Engineer's prior approval and when"
after "Engineer" and delete "When".
Insert in the second line of the fourth paragraph of Sub-Clause 13.6 "in
accordance with the daywork schedule" after "priced statements".
Sub-Clause 13.7 Adjustments for Changes in Legislation
Delete Sub-Clause 13.7 and insert "Not used".
Sub-Clause 13.8 Adjustments for Changes in Cost
Delete Sub-Clause 13.8 and insert "Not used".
Sub-Clause 14.1 The Contract Price
Sub-paragraph (a) of Sub-Clause 14.1 shall be deleted and the following

inserted:
"the Contract Price shall be the lump sum Accepted Contract Amount and be
subject to adjustments in accordance with the Contract;"
Sub-Clause 14.2 Advance Payment
In line 11 of Sub-Clause 14.2 delete "a guarantee in amounts and currencies

equal to the advance payment. This guarantee shall be issued by an entity and
from within a country (or other jurisdiction) approved by the Employer, and shall
be in the form annexed to the Particular Conditions or in another form approved
by the Employer" and insert the following:
"an Advance Payment Bank Guarantee. The Advance Payment Bank Guarantee
shall be in the form set out in Annex 2, and the obtaining of such Advance
Payment Bank Guarantee and the cost thereof shall be at the expense in all
respects of the Contractor. Failure to furnish the Advance Payment Bank
Guarantee shall result in the Employer rejecting any request for advance
payment."
Sub-Clause 14.3 Application for Interim Payment Certificates
Delete sub-paragraph (b) of Sub-Clause 14.3.
Sub-Clause 14.8 Delayed Payment
Delete Sub-Clause 14.8 and replace with the following:
"If the Contractor does not receive payment in accordance with Sub-Clause 14.7
[Payment], the Contractor agrees that its sole remedy shall be suspension and/or
termination in accordance with the provisions of Clause 16 [Suspension and
Termination by Contractor], and for the avoidance of any doubt to the extent that
the Laws would but for the provisions of this clause impose whether by contract
or statute an obligation to pay interest/usury or a sum in the nature of
interest/usury, the Contractor hereby irrevocably and unconditionally waives and
rejects any entitlement to recover from the Employer interest/usury or any sums
in the nature of interest/usury."
Insert a new Sub-Clause 14.16:
“Sub-Clause 14.16 Payment to Subcontractors
Before issuing any Interim Payment Certificate or Final Payment Certificate

which includes any amount in respect of work done and/or Plant and/or Materials
provided by any Subcontractor, the Engineer shall be entitled to require from the
Contractor reasonable evidence that all amounts due to such Subcontractor in
respect of such payment application (or any previous Interim Payment
Certificate), have been received by such Subcontractor.
Unless the Contractor submits such reasonable evidence to the Engineer, or:
(a) satisfies the Engineer that the Contractor has reasonable cause for
withholding or refusing to pay the said amounts); and
(b) produces to the Engineer reasonable evidence that the Contractor has
informed such Subcontractor in writing of that reasonable cause,
the Employer may, at its sole discretion, pay to such amounts to such
Subcontractor as the Engineer considers are due to such Subcontractor. In this
event, the Employer shall be entitled to deduct any amount so paid by the
Employer from any monies due or which may become due to the Contractor or to
recover the same as a debt due from the Contractor.”
Sub-Clause 15.2 Termination by Employer
In the last line of sub-paragraph (e) of Sub-Clause 15.2 delete the word "or".
Insert a new sub-paragraphs (g), (h), (i) and (j) to Sub-Clause 15.2 as follows:
"(g) fails to maintain any of the insurances required pursuant to Clause 18 of

this Contract,
(h) is liable to pay delay damages up to the maximum amount stated in the
Appendix to Tender,
(i) shall refuse or ignore the instructions of the Engineer without reasonable
justification submitted to the Employer in writing within 7 Business Days
of receipt of the instruction.”
After the words “under the Contract or otherwise.” add “The Parties agree that
termination of this Contract by the Employer pursuant to this clause 15 shall be
effective without the need for any court order or other administrative procedure.”
Sub-Clause 16.2 Termination by Contractor
Delete Sub-Clause 16.2, and replace it with the following:
“The Contractor shall, upon giving 21 day’s notice to the Employer, be entitled to
terminate this Contract if:
(a) having suspended the Works in accordance with Sub-Clause 16.1
[Contractor’s Entitlement to Suspend Work] the Contractor does not receive the
amount due within a further 21 days after the expiry of the period of notice given
under Sub-Clause 16.1 [Contractor’s Entitlement to Suspend Work];
(b) a prolonged suspension affects the whole of the Works as described in Sub-
Clause 8.11 [Prolonged Suspension];
(c) the employer becomes bankrupt or insolvent, goes into liquidation, has a
receiving or liquidation order made against him, compounds with his creditors or
if any action is taken or event occurs which (under the Laws) has any similar
effect to any of these acts or events.
The Contractor’s election to terminate the Contractor’s employment under the

Contract shall not prejudice any other rights of the Contractor under the Contract
or otherwise.”
Sub-Clause 16.4 Payment on Termination
Delete sub-paragraph (c) of Sub-Clause 16.4.
"For the avoidance of any doubt, the Contractor shall not be entitled to any loss
of profits, loss of contracts or other costs, losses or expenses in connection with
such termination."
Sub-Clause 17.6 Limitation of Liability
Delete entire Sub-Clause 17.6 and replace with the following:
"The Employer shall not be liable to the Contractor for loss of profit, loss of any
contract or for any indirect or consequential loss or damage which may be
suffered by the Contractor in connection with the Contract."
Insert new Sub-Clause 17.7 as follows:
"Sub-Clause 17.7 Liability
The Contractor shall be liable for the consequences of errors, omissions or

negligence on its part and shall be liable for those defects in the design of the
Works for which it is responsible pursuant to the Contract (if any), and shall be
liable for defects in the construction of any part of the Works if and to the extent
that any such defects become apparent during the period stated in the Appendix
to Tender for that part of the Works and the approval of the Engineer shall not in
any way absolve or relieve the Contractor from any such obligation, responsibility
or liability."
Sub-Clause 18.1 General Requirements for Insurances
Delete the first paragraph of Sub-Clause 18.1 and replace it with the following:
“In this Clause, insuring Party means the Contractor.”
Add to the end of Sub-Clause 18.1
“The Contractor is the insuring party and shall provide Contractor’s. All Risk
Insurance for the Works. This shall be issued to the Employer in accordance with
the Appendix to Tender. Such Insurance shall be maintained throughout the
Defects Liability Period. The Contractor shall also provide Third Party Liability
Insurance to the level stipulated in the Appendix to Tender.
It shall be the duty of the Contractor to notify the insurers of any of the
Insurances referred and any matter or event, which by the terms of such
insurances are required to be so notified and ensure the adequacy of the
insurances at all times in accordance with the terms of the Contract and shall,
when required, produce to the Employer the receipts for payment of the current
premiums.
The Contractor shall indemnify and keep indemnified the Employer against all
losses, demands, proceedings, costs, charges and expenses whatsoever arising
out or resulting from any default by the Contractor in complying with the
requirements of this Sub-Clause whether as a result of the avoidance of such
insurances or otherwise. The Employer should be named as a beneficiary in the
Insurance Certificates. Within 30 days from the date of signing, the Contractor to
provide the Employer with the clear and legible copies of the Insurance
Certificates All such Insurances shall be endorsed by the Insurers stating their
compliance with the terms of the relevant Clauses of the Conditions of Contract.”
Sub-Clause 19.1 Force Majeure
"the shortage or non-availability of any Materials shall not be a Force Majeure

and, subject to Sub-Clauses 8.4 [Extension of Time for Completion] and 17.3
[Employer's Risk], shall be the Contractor's risk."
Sub-Clause 19.2 Notice of Force Majeure
Insert new sub-paragraph (e):
“(e) which prevents a Party from performing all or a substantial part of its
obligations pursuant to the Contract.”
Clause 20 Claims, Disputes and Arbitration
Delete Sub-Clauses 20.2, 20.3, 20.4, 20.5, 20.6, 20.7 and 20.8 and replace with
the following:
"Sub-Clause 20.2 Amicable Settlement
20.2.1 Unless otherwise specifically provided for in the Contract, all disputes,
controversies, claims or disagreements arising out of or relating to the
Contract (singularly, a "Dispute", and collectively, "Disputes") shall be
resolved in the following manner:
(i) as soon as a Party is aware of any Dispute, it shall give written

notice to the other Party including all available details and
relevant copy documents (a "Dispute Notice");
(ii) within ten (10) days from the date of receipt of the Dispute Notice
in accordance with Sub-Clause 20.2.1(i), the Parties shall meet
and shall through reasoned discussion and in good faith attempt
to resolve such Dispute by negotiation during a period of not less
than twenty-one (21) days;
(iii) if the Parties are unable to resolve the Dispute within the twenty-
one (21) day period set out in Sub-Clause 20.2.1(ii) either party
may refer the matter to arbitration pursuant to Sub-Clause 20.3.
Sub-Clause 20.3 Arbitration
20.3.1 All Disputes which arise between the Parties shall, if they cannot be
settled in accordance with Sub-Clause 20.2 or Sub-Clause 20.3, be
settled in accordance with this Sub-Clause 20.3. All arbitration
proceedings shall be carried out in the Emirate of Abu Dhabi in
accordance with the rules of arbitration identified in the Appendix to
Tender.
The dispute and/or difference shall be referred to an Arbitration

Committee to be formed of 1 member.
20.3.2 Each Party shall co-operate in good faith with the other Party and with
the arbitrators so appointed to expedite the arbitration proceedings. The
arbitrator(s) shall determine the rights and obligations of the Parties
according to the provisions of the Contract and the arbitration shall be
conducted in the English language by way of a hearing.
20.3.3 The award of the Arbitration Committee shall be reached unanimously or

by a majority of the Arbitration Committee. The award of the Arbitration
Committee shall be final, conclusive and binding on the Parties and may
be enforced in any court having jurisdiction and the costs of the
arbitration shall be within the discretion of the Arbitration Committee.
20.3.4 Notwithstanding anything contained in this Sub-Clause 20.3, either Party

shall be entitled to:
(i) commence legal proceedings (in which case the provisions of

Sub-Clause 1.4 governing jurisdiction shall apply) seeking such
mandatory, declaratory or injunctive relief as may be necessary
to define or protect the rights and enforce the obligations
contained herein pending the settlement of a Dispute in
accordance with the arbitration procedures set forth in Sub-
Clause 20.3, or
(ii) commence legal proceedings (in which case the provisions of

Sub-Clause 1.4 governing jurisdiction shall apply) involving the
enforcement of an arbitration decision or award out of this
Contract."
Add new Clauses 21 and 22 as follows:
“Clause 21 Abu Dhabi Materials and Services
Sub-Clause 21.1
If air travel by personnel or freight of materials are required in the execution of

the Works:
(a) The Contractor shall ensure that his personnel other persons in his
employed in connection with the Works travel exclusively on Etihad Airways
flights on all journeys to and from the United Arab Emirates.
(b) The Contractor shall also ensure that Etihad Airways is used exclusively for
the air freight of and Goods, Materials and/or equipment necessary for the
execution of the Works.
If the Contractor intends to transport by sea, he shall give priority to a local Abu
Dhabi Navigation Company and thereafter Arabic United Navigation Company
for the transport of personnel and sea freighting of materials and equipment
provided their prices are not more than that of any other foreign Navigation
Company.
Sub-Clause 21.2
As required by Article (4) of Law No. 6 of 1987 all Materials and equipment
necessary for the execution of the Works which are national products or are of
national origin and which comply in all respects with the requirements of the
specification, shall be used in the Works and shall be given priority in
accordance with the provisions of the law.
On non-compliance with this Clause 21.2, the Contractor shall be fined 20% of
the value of the item purchased outside of the U.A.E. or the CCASG countries
and shall be subject to further penalties in accordance with Article (8) of Law No.
6 of 1987.
The Government may without prejudice to any other method of recovery, deduct
the amount of such fine from any monies in its hands due or which may become
due to the Contractor.
The Contractor shall provide substantiation of his compliance with this Clause 21
if required by the Engineer.
Clause 24 Government and Municipal Taxes
Without prejudice to the generality of its obligations at Sub-Clause 14.1, the

Contractor shall pay all Government, Municipal and all relevant Authorities costs
in connection with works and taxes including income taxes (if applicable), road
taxes, vehicle registration fees, demarcation permit, temporary works permits,
inspection charges and any other taxes, duties or fees which may levy on the
Contractor or his employees."
Annex 1: Advance Payment Guarantee
FORM OF ADVANCE PAYMENT GUARANTEE

Date:
RABDAN HOLDING LTD

P.O. Box 2297
Abu Dhabi, UAE
Dear Sir,
CONTRACT: CONSTRUCTION OF THE ABU DHABI EQUINE AND CAMELS HOSPITAL, AL WATHBA
AREA, ABU DHABI, U.A.E
SUBJECT: ADVANCE PAYMENT GUARANTEE NO. For (Amount ……..……….) Agreement

No.:
RABDAN HOLDING LTD (the “Employer”, “you”) has entered into an agreement (the “Contract”) with
________________________ (the “Contractor”) for ______________, and you have agreed to make an
advance payment of AED _________(Figures) (Letters) to the Contractor upon receipt of a Bank Guarantee
issued by a bank in favour of Employer for an equivalent amount.
Therefore, in consideration of the above and based on the request of our client, we [Name of the Bank]
established in Abu Dhabi and having our address at P.O. Box __________, Abu Dhabi, U.A.E. hereby
irrevocably and unconditionally covenant and agree as primary obligor and not as surety as follows:
1) We hereby irrevocably and unconditionally undertake to pay you any sum up to the amount mentioned
above upon your first written demand without proof or conditions.
2) Any demand made by you in accordance with this Bank Guarantee shall be conclusive evidence that the
sum stated in such demand is properly due and payable by us under this Bank Guarantee.
3) We further agree that any payment made hereunder shall be made free and clear of and without
deductions for or on account of any present or future taxes, levies, imposts, duties, charges, fees,
deductions or withholdings of any nature whatsoever and by whomsoever imposed.
4) We agree that any changes, modifications, additions or amendments which may be made to the
Agreement, or in the work to be performed under the Contract, or in the payments to be made on
account of the Contract, or any extensions of the time for performance or other forbearance on the part
of either the Employer or the Contractor to the other or to any other guarantor of the obligations of either
of them, shall not in any way release us from our continuing liability hereunder, and we hereby expressly
waive notice to us of any such changes, modifications, additions, amendments, extensions or
forbearance.
5) As and when the advance payment is recovered against progress payments made by you to the
Contractor, then this guarantee shall automatically stand reduced to the extent of such recovery.
6) This Bank Guarantee shall come into force on the date of this Bank Guarantee and shall remain valid
until such time as it is called up or you inform us that it is cancelled.
7) We agree that no event of insolvency suffered by the Contractor shall in any way affect our obligations
under this Bank Guarantee.
8) We also agree that the Employer (and its permitted assigns) shall be entitled to assign the benefit of this
Bank Guarantee to any person to whom it assigns the benefit of the Contract, without our consent or the
consent of the Contractor being required.
9) This Bank Guarantee shall be governed by and interpreted under the laws of the Emirate of Abu Dhabi
and the federal laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi.
Yours faithfully,
_________________________________
Authorized Signature and Stamp of Bank
Annex 2: Performance Bank Guarantee
FORM OF PERFORMANCE BOND

Date:
RABDAN HOLDING LTD

P.O. Box 2297
Abu Dhabi, UAE
Dear Sir,
CONTRACT: CONSTRUCTION OF THE ABU DHABI EQUINE AND CAMELS HOSPITAL, AL WATHBA
AREA, ABU DHABI, U.A.E
SUBJECT: PERFORMANCE BOND NO. For (Amount ……..……….) Agreement No.:
RABDAN HOLDING LTD (the “Employer”) has entered into an agreement (the “Contract”) with
............................... (the “Contractor”) for ............................................., and the Contractor is required
under the Contract to procure a Performance Bond issued by a bank in favour of the Employer in
support of the due and proper performance of the obligations of the Contractor in respect of the
Contract.
Therefore, in consideration of the above, we [Name of the Bank] established in Abu Dhabi and having
our address at P.O. Box ....... , Abu Dhabi, U.A.E. hereby irrevocably and unconditionally guarantee and
undertake to the Employer, without any right of defence set off or counterclaim whether on our behalf or
on behalf of the Contractor, to pay to the Employer on demand a sum not exceeding AED (Figures)
(Letters) or any lesser sum specified by the Employer immediately upon receipt of the Employer’s
written request addressed to us i, by transfer to an account in the Employer’s name at such bank in Abu
Dhabi as the Employer shall stipulate or in such other manner as shall be acceptable to the Employer.
Such written request shall be conclusively binding on us for all purposes under this Performance Bond.
We agree that any changes, modifications, additions or amendments which may be made to the
Contract, or in the work to be performed under the Contract, or in the payments to be made on account
of the Contract, or any extensions of the time for performance or other forbearance on the part of either
the Employer or the Contractor to the other or to any other guarantor of the obligations of either of
them, shall not in any way release us from our continuing liability hereunder, and we hereby expressly
waive notice to us of any such changes, modifications, additions, amendments, extensions or
forbearance.
We agree that no event of insolvency suffered by the Contractor shall in any way affect our obligations
under this Performance Bond.
We further agree that any payment made under this Performance Bond shall be made free and clear of
and without deductions for or on account of any present or future taxes, levies, imposts, duties,
charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.
We also agree that the Employer (and its permitted assigns) shall be entitled to assign the benefit of
this Performance Bond to any person to whom it assigns the benefit of the Contract, without our
consent or the consent of the Contractor being required.
This Performance Bond shall come into force on the date of this Performance Bond and shall continue
until the issue of the Performance Certificate under the Contract.
This Performance Bond shall be governed by and interpreted under the laws of the Emirate of Abu
Dhabi and the federal laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi.
Yours faithfully,
_________________________________
Authorised Signature and Stamp of Bank
Annex 3: Drawings
Annex 4: Specification
Annex 5: Tender Clarifications, List of Changes and agreed Value Engineering
Annex 6: Programme Reporting Requirements and Windows Analysis Requirements
1. Sub-Clause 8.3 Programme Requirements

The Contractor shall submit a detailed time programme to the Engineer within the period, and in the
form, stated in the Appendix to Tender. The Contractor shall also submit a revised programme
whenever the previous programme is inconsistent with actual progress or with the Contractor’s
obligations. Each programme shall include (wherever applicable):
a) The full scope of Works including, but not limited to:
• Mobilisation including site offices, hoardings, plant and personnel.
• a Milestone Schedule containing the contract completion date and any milestones as
scheduled activities, including relevant Contract milestones.
• Design (if any) including (where engineering drawings are required) start drawing, drawing
30% complete, drawing 60% complete, issue for bids (if applicable; approximately 90%
complete where possible), issue for construction (IFC) drawing (100% complete). The detail
may be contained in a separate Design Control Schedule which supports the summary in the
programme.
• Procurement - including design release, issue bid specification, request for bids, and receive
bids, technical evaluation, and approval of technical evaluation, issue purchase order,
manufacturing and hold points for approvals, vendor shipment and on-Site delivery. The detail
may be contained in a separate Procurement schedule which supports the summary in the
programme. All critical long lead items are to be highlighted in the accompanying narrative (see
below).
• Third Party interfaces - Interfaces with government agencies, third parties and other relevant
stakeholders.
• Construction – Construction activities with sufficient detail to highlight the adopted
methodology and sequence of the Works. Ideally no activity should be longer than 30 days and
in some cases may require daily level of detail for particular critical areas. For long lead items or
other activities where durations of 30 days are too short, longer durations will be allowed if
justified.
• Commissioning including a start-up schedule for each operating system and contain all the
activities necessary to make the system mechanically and functionally complete, energized,
satisfactorily tested, and operable (with the exception of minor punch list items).
• Taking Over Certification and Approvals including utility providers and other statutory bodies.
• Operation and Maintenance Manuals and as-built data
• Where applicable, facility management/interim management during Defects Notification
Period(s).
• The requirements of the specification and all other contractual obligations.
• Each of these stages for work by each nominated Subcontractors (as defined in Clause 5
[Nominated Subcontractors] and a detailed time programme of the completion of the scope of
works to be carried out by nominated Subcontractors as key dates.
b) The programmes shall be prepared utilising Primavera Project Manager P6 (Or the latest unless
otherwise stated in the Appendix to Tender and an electronic copy is to be submitted together
with 3 hard copies. It shall take cognizance of the following requirements:
• The programmes shall be fully logically linked with no open end activities or artificial
constraints except for agreed Project completion dates/interfaces. Note the use of excessive or
unjustifiable logic lags will not be acceptable and further details will be required within the
programme.
• The programmes shall resource loading for all activities in terms of staff (separate chart is
acceptable for staff), number of drawings, material, plant and labour by trade. The value of
works from the Bill of quantities shall be assigned to each activity such that the full Contract
Price is contained within the programme.
• The planning unit to be adopted is the day.
• Calendars which are appropriate for the type of work being undertaken and allows for public
holidays and hot weather/Ramadan. The calendars are to be printed out and explained in an
accompanying supporting report [Programme Narrative]
• Incorporates a work break-down structure (WBS) and activity coding structure which is agreed
with the Engineer.
The programme of works shall also indicate the following:
• Planned dates of equipment, subsystem and system start-up and testing.
• All interface activities requiring mutual support between the Contractor, Nominated
Subcontractors, other Contractors, suppliers, or the Employer The network activities shall be
sufficiently detailed to provide a meaningful measurement tool for the progress of the Works.
The schedule calendars shall include the normally observed holidays and rest days within the
UAE, or elsewhere for offshore procurement operations. The schedule shall generally show the
following data for all activities:
(1) Activity ID
(2) Activity description
(3) Original Duration
(4) Early Start
(5) Early Finish
(6) Late Start
(7) Late Finish
(8) Total Float
(9) Baseline Start
(10) Baseline Finish
(11) Baseline Duration
(12) Percentage Completion
The programme of works shall be submitted in bar-chart form in both software and coloured
printed copy. The printed copy shall take precedence over the software copy in the case of any
discrepancy between the two. No changes or amendments shall be made to logic, durations or
schedule dates contained within the baseline or monthly update programme of works without
informing the Engineer and obtaining their consent.
Based upon the programme of works an overall S-curve shall be developed to provide a
meaningful measure of overall progress. The S-curve shall be updated monthly to display actual
progress versus the early and late planned progress. Programme of works shall be cost loaded
with Accepted Contract Amount breakdown to adequate/reasonable level of detail. Cost S-curve
shall be developed and updated monthly to provide a Cash Flow showing planned and actual
values.
The programme of works shall be such that work included under this Contract does not affect or
unduly interfere with work being undertaken by the Employer or another contractor.
c) A table containing the Schedule Production Rates used in the programmes to determine the
activity durations for each activity in the programme shall be submitted separately. This table
shall be updated to take account of actual production rates which are achieved.
d) A supporting report [Programme Narrative] which includes:
• A Summary explanation of the overall programme, method / sequence of construction including
drawings and sketches illustrating planned progress per month to the completion of the
project.
• Assumed Working Hours/Days
• Schedule Production rates (item c above)
• Drawing Schedule Procurement Schedule
• Long lead critical packages
• Labour requirements (Tabular summary showing average amount of direct labour per month (by
trade including subcontractor estimates).
• Key resource histograms/S-Curves.
• Staff organisation chart and tabular chart showing anticipated staff on site per month.
• A table of the key programme risks and possible mitigation measures.
• A print out of the Primavera Gant bar chart showing Duration, Early/Actual Start Dates, Late /
Actual Finish Dates, Total Float and any notes on assumed production rates.
• A CD containing the Primavera Files in XER format, unless otherwise stated in the Appendix to
Tender.
e) Key dates by the Engineer/Project Manager to review and/or approve the Contractor’s
Documents and/or other submittals by the Contractor. The Contractor shall update and compare
each month progress in the programme with progress to the last day of the previous month. The
programme shall be submitted in hard and electronic format by the 5th day of the following
month. The programme update shall be included in a monthly progress report. The details of the
monthly progress report shall be agreed with the Engineer within the first three months of
commencement of the Works.
2. Sub-Clause 8.4 Windows Analysis Requirements

“Windows” represent the division of the overall construction period into smaller period into which new
set of corresponding progress information can be entered into the programme. For example, if, during
the course of the project, Contractor’s programme was updated on a regular basis, for instance, by way
of report to monthly project meetings, the periods analyzed can conveniently be matched with those
corresponding with when progress information was issued or the programme was updated, hence
forming monthly “windows”.
The essence of windows analysis is not in what is analysed or how, but in the point at which it is
analysed. The methods of discovering the relationships between the causal event and its effect have
been based on an appreciation of the effect on the total contract period. Windows analysis is based not
on the whole contract period but a particular “windows” in time. It is based on analysis of the effects of
delays over the life of a project by looking at the events which have affected progress within each
“window” of the contract period sequentially.
Analysis of the events within a “window” can be carried out by any method that appears suitable in
relation to the data to be analysed. If it is carried out by means of the as-built but-for method then in
“windows” analysis the data will obviously be that derived from factual, as-built information and not an
objective assessment of likelihood such as that used in the as-planned impacted analysis. However, as
with any as-planned versus as-built method, unless the facts are remarkable simple in a programme of
work which is very simple to analyse, claiming for the difference between what was planned and what
was built is a method of proof that is unlikely to be satisfactory as a proof of entitlement, even on a
“windows” basis.
This method is most effective when used contemporaneously and on the basis of the as-planned
programme being updated regularly throughout the course of the project. The CPM programme used in
this method then becomes a dynamic model, adjusting and reacting to the changing circumstances with
each update. However, there is no good reason why this method could not be used retrospectively,
provided that the record of the state of play at regular intervals is available.
It is foreseeable that in any one window there may be a change in the planned logic, sequence, activity
durations and added or deleted activities since these modifications may also change the route of the
critical path in each of the updates and not just actual activity dates compared to the original plan. As
each window is only a segment of the contract period, the results of the analysis of each window must
be summarised and carried forward to the next window. It is thus only when the last window, closing at
actual completion, has been analysed and summarised that the totals of the various changes can be
added together to demonstrate the effect on completion of the various events and contingencies.
At the close of each window it will be necessary to list those events found in the window which, in
relation to what was expected at the beginning of it, represent the:
a) Addition of a new activity; or
b) omission of an activity;
Or have, in relation to the status of the previous window,

a) taken longer to complete ;
b) been completed earlier;
c) started later than planned; or
d) started earlier than planned.
As the “window” method of analysis focuses on sequential periods of project performance and on the
contemporaneous critical path, this method of analysis has significant benefits over those that deal with
the project period as a whole. Whilst each window may contain number of conditions affecting progress,
because the window necessarily represents a limited period, it will affect few activities. This is the
reason windows make analysis easier, and tends to render the interpretation of the results of the
analysis more convincing than when the analysis is based on hundreds of activities over the whole
contract period.
Annex 7: Payment Procedures
GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements necessary to prepare and
process Applications for Payment.
B. Related Sections:
Division 01 Section "Allowances" for procedural requirements governing the handling and processing of
allowances.
1. Division 01 Section "Unit Prices" for administrative requirements governing the use of unit
prices.
2. Division 01 Section "Contract Modification Procedures" for administrative procedures for
handling changes to the Contract.
3. Division 01 Section "Construction Progress Documentation" for administrative
requirements governing the preparation and submittal of the Contractor's construction
schedule.
4. Division 01 Section "Submittal Procedures" for administrative requirements governing the
preparation and submittal of the submittal schedule.
5. Division 01 Section "Sustainable Design Requirements" for administrative requirements
governing submittal of cost breakdown information required for LEED documentation.
1.3 DEFINITIONS
Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various
portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.
1.4 SCHEDULE OF VALUES
A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's

construction schedule.[ Cost-loaded Critical Path Method Schedule may serve to satisfy
requirements for the schedule of values.]
1. Correlate line items in the schedule of values with other required administrative forms and
schedules, including the following:
Application for Payment forms with continuation sheets.

a. Submittal schedule.
b. Items required to be indicated as separate activities in Contractor's construction
schedule.
Submit the schedule of values to Architect[ through Project Manager] at earliest possible date but no later
than [seven] <Insert number> days before the date scheduled for submittal of initial Applications for
Payment.
Subschedules for Phased Work: Where the Work is separated into phases requiring separately phased
payments, provide subschedules showing values correlated with each phase of payment.
Subschedules for Separate Elements of Work: Where the Contractor's construction schedule defines
separate elements of the Work, provide subschedules showing values correlated with each element.
Format and Content: Use the Project Manual table of contents as a guide to establish line items for the
schedule of values. Provide at least one line item for each Specification Section.
2. Identification: Include the following Project identification on the schedule of values:
Project name and location.

a. Name of Architect.
b. Architect's project number.
c. Contractor's name and address.
d. Date of submittal.
Arrange schedule of values consistent with format of [AIA Document G703] [EJCDC Document C-620]
<Insert name and designation of other standard form>.
3. Arrange the schedule of values in tabular form with separate columns to indicate the
following for each item listed:
Related Specification Section or Division.

a. Description of the Work.
b. Name of subcontractor.
c. Name of manufacturer or fabricator.
d. Name of supplier.
e. Change Orders (numbers) that affect value.
f. Dollar value of the following, as a percentage of the Contract Sum to nearest one-
hundredth percent, adjusted to total 100 percent.
1) Labor.
2) Materials.
3) Equipment.
Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications
for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple
line items for principal subcontract amounts in excess of [five] <Insert percentage> percent of Contract
Sum.
g. Include separate line items under [Contractor and] principal subcontracts for [LEED
documentation and other] project closeout requirements in an amount totaling
[five] <Insert percentage> percent of the Contract Sum and subcontract amount.
4. Round amounts to nearest whole dollar; total shall equal the Contract Sum.
Provide a separate line item in the schedule of values for each part of the Work where Applications for
Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.
a. Differentiate between items stored on-site and items stored off-site. If required,
include evidence of insurance.
5. Provide separate line items in the schedule of values for initial cost of materials, for each
subsequent stage of completion, and for total installed value of that part of the Work.
Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item
value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use
information indicated in the Contract Documents to determine quantities.
Purchase Contracts: Provide a separate line item in the schedule of values for each purchase contract.
Show line-item value of purchase contract. Indicate owner payments or deposits, if any, and balance to be
paid by Contractor.
Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and
proportionate share of general overhead and profit for each item.
a. Temporary facilities and other major cost items that are not direct cost of actual
work-in-place may be shown either as separate line items in the schedule of values
or distributed as general overhead expense, at Contractor's option.
Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment
when Change Orders or Construction Change Directives result in a change in the Contract Sum.
1.5 APPLICATIONS FOR PAYMENT
Each Application for Payment shall be consistent with previous applications and payments as certified by
Architect[ and Project Manager] and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial Completion,
and final Application for Payment involve additional requirements.
Payment Application Times: The date for each progress payment is indicated in the Agreement between
Owner and Contractor. The period of construction work covered by each Application for Payment is the
period indicated in the Agreement.
B. Payment Application Times: Progress payments shall be submitted to Architect by the <Insert
day> of the month. The period covered by each Application for Payment is one month, ending on
the [last day of the month] <Insert specific day of the month>.
Submit draft copy of Application for Payment [seven] days prior to due date for review by Architect.
Application for Payment Forms: Use [AIA Document G702 and AIA Document G703]
[AIA Document G702/CMa and AIA Document G703] [EJCDC Document C-620] <Insert name and
designation of other standard form> as form for Applications for Payment.
Application for Payment Forms: Use forms provided by Owner for Applications for Payment. Sample
copies are included in the Project Manual.
C. Application for Payment Forms: Use forms acceptable to [Architect] [Project Manager] and
Owner for Applications for Payment. Submit forms for approval with initial submittal of schedule
of values.
D. Application Preparation: Complete every entry on form. Notarize and execute by a person
authorized to sign legal documents on behalf of Contractor. [Architect] [Project Manager] will
return incomplete applications without action.
1. Entries shall match data on the schedule of values and Contractor's construction schedule.
Use updated schedules if revisions were made.
2. Include amounts for work completed following previous Application for Payment, whether
or not payment has been received. Include only amounts for work completed at time of
Application for Payment.
3. Include amounts of Change Orders and Construction Change Directives issued before last
day of construction period covered by application.
4. Indicate separate amounts for work being carried out under Owner-requested project
acceleration.
E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment
purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-
site and items stored off-site.
1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of

surety to payment, for stored materials.
2. Provide supporting documentation that verifies amount requested, such as paid invoices.
Match amount requested with amounts indicated on documentation; do not include
overhead and profit on stored materials.
3. Provide summary documentation for stored materials indicating the following:
a. Materials previously stored and included in previous Applications for Payment.

b. Work completed for this Application utilizing previously stored materials.
c. Additional materials stored with this Application.
d. Total materials remaining stored, including materials with this Application.
Transmittal: Submit [three] <Insert number> signed and notarized original copies of each Application for
Payment to [Architect] [Project Manager] by a method ensuring receipt[ within 24 hours]. One copy shall
include waivers of lien and similar attachments if required.
4. Transmit each copy with a transmittal form listing attachments and recording appropriate
information about application.
Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from
entities lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work
covered by the payment.
5. Submit partial waivers on each item for amount requested in previous application, after
deduction for retainage, on each item.
6. When an application shows completion of an item, submit conditional final or full waivers.
7. Owner reserves the right to designate which entities involved in the Work must submit
waivers.
Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner.
F. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's
liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by
the previous application.
1. Submit partial waivers on each item for amount requested in previous application, after
deduction for retainage, on each item.
2. When an application shows completion of an item, submit conditional final or full waivers.
3. Owner reserves the right to designate which entities involved in the Work must submit
waivers.
4. Submit final Application for Payment with or preceded by conditional final waivers from
every entity involved with performance of the Work covered by the application who is
lawfully entitled to a lien.
Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner.
G. Initial Application for Payment: Administrative actions and submittals that must precede or
coincide with submittal of first Application for Payment include the following:
List of subcontractors.
1. Schedule of values.
2. Contractor's construction schedule (preliminary if not final).
Combined Contractor's construction schedule (preliminary if not final) incorporating Work of multiple
contracts, with indication of acceptance of schedule by each Contractor.
3. Products list (preliminary if not final).
4. Schedule of unit prices.
5. Submittal schedule (preliminary if not final).
6. List of Contractor's staff assignments.
7. List of Contractor's principal consultants.
8. Copies of building permits.
9. Copies of authorizations and licenses from authorities having jurisdiction for performance
of the Work.
10. Initial progress report.
11. Report of preconstruction conference.
Certificates of insurance and insurance policies.

12. Performance and payment bonds.
13. Data needed to acquire Owner's insurance.
H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial
Completion, submit an Application for Payment showing 100 percent completion for portion of
the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substantially complete and a
statement showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificates of Partial Substantial Completion issued previously
for Owner occupancy of designated portions of the Work.
I. Final Payment Application: Submit final Application for Payment with releases and supporting
documentation not previously submitted and accepted, including, but not limited, to the
following:
Evidence of completion of Project closeout requirements.

1. Insurance certificates for products and completed operations where required and proof
that taxes, fees, and similar obligations were paid.
2. Updated final statement, accounting for final changes to the Contract Sum.
3. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."
4. AIA Document G706A, "Contractor's Affidavit of Release of Liens."
AIA Document G707, "Consent of Surety to Final Payment."

5. Evidence that claims have been settled.
6. Final meter readings for utilities, a measured record of stored fuel, and similar data as of
date of Substantial Completion or when Owner took possession of and assumed
responsibility for corresponding elements of the Work.
7. Final liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION

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CONSTRUCTION,COMPLETION AND MAINTENANCE OF ABU

DHABI EQUINE AND CAMEL HOSPITAL AT PLOT No. P21, AL

WATHBAH, ABU DHABI, UNITED ARAB EMIRATES

1- Project Scope Of Works

3- Project Cash Flow Histogram

4- Project Official Letters

Tender No. RAB/P01/ADECH/T01 Client Name: Rabdan Holding LTD.

Consultant : Mark Haber and Associates Built Up Area: 10,367 M2.

Project Amoun: AED 65,750,000.00

Name Mahmoud El achi Title Head Of Estimation Signature

B. The Contractor “Scope of Work”

1. The Contractor responsibilities

Weekly Progress report

2. TheContractor Summary Scope of Works

Equine and Camels Hospital

Milestones 314 10-May-23 09-May-24 0 09-May-24, Milestones

Contractual 314 10-May-23 09-May-24 0 09-May-24, Contractual

Mobilization Works 18 10-May-23 30-May-23 0 30-May-23, Mobilization Works

General 18 10-May-23 30-May-23 0 30-May-23, General

Submissions 3 10-May-23 14-May-23 12 14-May-23, Submissions

Materials 49 20-May-23 16-Jul-23 34 16-Jul-23, Materials

Infrastructure Works 172 31-May-23 17-Dec-23 124 17-Dec-23, Infrastructure Works

Project Close-Out 32 03-Apr-24 09-May-24 0 09-May-24, Project Close-Out

dated …………………. 2023

Rabdan Holding Ltd

FIDIC Conditions of Contract for Construction for Building and

The Employer and the Contractor agree as follows:

(a) This Contract Agreement;

(b) The Appendix to Tender attached to this Contract Agreement;

4 In consideration of the payments to be made by the Employer to the Contractor pursuant to

6 The Contractor undertakes to the Employer:

i incorrect selection or quantities of materials or equipment;

ii faulty materials, equipment or workmanship;

iii inadequate Site supervision by the Contractor or incorrect instructions issued by

iv any act or omission of the Contractor or its Subcontractors, employees, agents

Executed by RABDAN HOLDING LTD

Signature Company Stamp

Signed By Date Signed

Signature Company Stamp

Signed By Date Signed

Executed by ENERVO Contracting and

Signature Company Stamp

Signed By Date Signed

SN Item Sub- Data

1. Employer's name and address 1.1.2.2 RABDAN HOLDING LTD

2. Contractor's name and 1.1.2.3 ENERVO Contracting and General

3. Engineer's name and address 1.1.2.4, Mark Habre & Associates

4. Time for Completion of the 1.1.3.3 365 days

9. Language for communications 1.4 English

14. Maximum amount of delay 8.7 10% of the Contract Price

15. Overheads and Profit for 13.5 5%

19. Percentage of retention 14.3 10%

20. Limit of Retention Money 14.3 10% of the Contract Price

23. Minimum amount of Interim 14.6 2% of the Accepted Contract Amount

24. Currency/currencies of 14.15 100% in Emirati Dirhams (AED)

Sub-Clause 1.1 Definitions

After Sub-Clause 1.1.1.10 add the following definitions:

"1.1.1.11 "Conditions" means the General Conditions and these Particular