Design & Build MEP and Civil Works For New Jetty at Sir Baniyas Island

``
DESIGN & BUILD MEP AND CIVIL WORKS
Client NATIONAL MARINE DREDGING COMPANY

Project SIR BANI YAS HILL & CHANNEL
Reference ADEC-20023-MEP-RPT-012
TABLE OF CONTENT
1. Project Scope Of Work

2. Project Milestone
3. Project Cash Flow Histogram
4. Appendix To The Project Requirements
5. Project Contract Agreement & BOQ
Project Scope Of Work
| ENERVO Projects Experience
Brief Scope of Works:
DESIGN AND BUILD OF MEP SERVICES including all associated works as MEP
services
;Water Supply Network , Firewater Network ; Sewage Pumping -out Network ;

Power Supply Network; External lighting Network; Fiber Optic Internet Connection
Network.
Location : Abu Dhabi, UAE

Main Contractor : M/s. Enervo Contracting & General & Maintenance
Client : M/s. NMDC
Project Name: SIR BANIYAS ISLAND HILL AND Consultant : M/s. ACE International - Consulting Engineers
MARINA PROJECT - Jetty Area Enervo Scope : Civil / MEP works
Contract Value AED : 19,614,990/-
PROJECT
OVERVIEW
MEP Scope of work
• Engineering and design for all work listed below • Supply and installation of Freshwater pedestals.
• Supply and installation of LV/MV/FO pedestals. • Supply and installation of Firefighting pedestals.
• Supply and installation of jib crane HV • Supply and installation of Pumping out pedestals.
dispenser ( 1 QTY ). • Supply and installation of HDPE pipe for
• Supply and installation of Frequency Converter. freshwater line.
• Supply and installation of Unit Substation. • Supply and installation of HDPE pipe for fire
• Supply and installation of LV/MV cable. water line.
• Supply and installation of Light fittings. • Supply and installation of Valves.
• Supply and installation of conduits, wires and • Shop drawings, Material submittal, Reports and
cables for light points. As built drawings.
• Supply and installation of FDB. • Testing & Commissioning.
• Supply and installation of LCP. • Maintenance procedure manuals.
• Supply and installation of Fiber optic cable.
• Supply and installation of Earthing system.
Power Pedestals
Water Pedestals
Water Pedestals
Water Pedestals
Fire Pedestals
Pumping out Pedestals
Frequency Converter
Civil Scope of work
• Excavation and backfilling.

• Manholes.
• Foundation for package substation.
• Foundation for light poles.
Project Milestone
Design, Build Construction of MEP at Sir Baniyas Island
Base Line Program
Activity ID Activity Name Activity % Remaining Start Finish Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023
Complete Duration
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Design, Build & Construction of MEP at Sir Baniyas Island 181 12-Sep-22 11-Apr-23 11-Apr-23, Design, Build & Construction of MEP at Sir Baniyas Island
Contractual Milestones 212 12-Sep-22 11-Apr-23 11-Apr-23, Contractual Milestones

MS.1000 Project Start 0% 0 12-Sep-22 Project Start, 12-Sep-22
MS.1010 Project Finish 0% 0 11-Apr-23 Project Finish,
Preliminaries / Mobilization 182 12-Sep-22 11-Apr-23 11-Apr-23, Preliminaries / Mobilization
Engineering 57 12-Sep-22 17-Nov-22 17-Nov-22, Engineering
Miscellaneous Deliverables 20 12-Sep-22 05-Oct-22 05-Oct-22, Miscellaneous Deliverables

Design Drawings 27 27-Sep-22 28-Oct-22 28-Oct-22, Design Drawings
Subcontractors Prequalification 45 16-Sep-22 08-Nov-22 08-Nov-22, Subcontractors Prequalification
Method Statments 25 29-Sep-22 28-Oct-22 28-Oct-22, Method Statments
Material 28 15-Oct-22 17-Nov-22 17-Nov-22, Material
Procurement 125 25-Oct-22 20-Mar-23 20-Mar-23, Procurement
Order & Manufacturing 27 25-Oct-22 25-Nov-22 25-Nov-22, Order & Manufacturing

Delivery to the Site 123 27-Oct-22 20-Mar-23 20-Mar-23, Delivery to the Site
Construction 139 25-Oct-22 05-Apr-23 05-Apr-23, Construction
Civil 121 25-Oct-22 15-Mar-23 15-Mar-23, Civil

MEP 103 06-Dec-22 05-Apr-23 05-Apr-23, MEP
Testing & Commissioining 29 09-Mar-23 11-Apr-23 11-Apr-23, Testing & Commissioining
Mechanical 14 09-Mar-23 25-Mar-23 25-Mar-23, Mechanical

Electrical 18 22-Mar-23 11-Apr-23 11-Apr-23, Electrical
Project Close-Out 15 25-Mar-23 11-Apr-23 11-Apr-23, Project Close-Out
Actual Level of Effort Remaining Work Milestone Date Revision Checked Approved
ENERVO Contracting 11-Apr-23 Rev.01
Actual Work Critical Remaining Work summary
Base Line Program
Project Cash Flow Histogram
Project : AL YASSAT ISLAND NEW JETTY PROJECT ‐ Design & Build MEP
Client: NMDC
Consultant: ACE
18,000,000 120.00%
Preliminary Cash Flow‐Cost Curve
16,000,000
100.00% 100.00%
97.44%
14,000,000
88.65%
12,000,000 80.00%
73.24%
10,000,000
60.00%
57.24%
8,000,000
6,000,000 40.00%
4,358,930
35.02%
3,138,461
3,023,123
2,971,730
4,000,000
2,135,919
1,761,461
1,724,192
19.87% 20.00%
2,000,000
501,173
8.98%
‐ 0.00%
Month 01 Month 02 Month 03 Month 04 Month 05 Month 06 Month 07 Month 08
Period (Planned) 1,761,461 2,135,919 2,971,730 4,358,930 3,138,461 3,023,123 1,724,192 501,173
Cumulative (Planned) 1,761,461 3,897,380 6,869,111 11,228,041 14,366,502 17,389,625 19,113,817 19,614,990
Progress (Planned) 8.98% 19.87% 35.02% 57.24% 73.24% 88.65% 97.44% 100.00%
Appendix To Project
Requirements
SUBCONTRACT AGREEMENT
Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO
APPENDIX TO THE SUBCONTRACT AGREEMENT
Item Sub-Clause Data
Advance Payment 20.1 10 % of Subcontract Price upon

submission of APG
Amount of security 2.3 10% of Subcontract Price
Delay Liquidated Damages 4.5 0.3% of Subcontract Price per day of delay
or part thereof up to a maximum of 10% of
the Subcontract Price
Subcontractor’s Time for Completion 7.1 7 months including mobilization, and
demobilization.
Commencement Date 7.1 12 September 2022
Percentage Payment for Materials on 16.1(c) 40% from the item cost for the related
Site (if any) material delivery on site based on
approved material inspection request
(MIR).
Percentage of Retention 16.3 10 per cent of each payment
Limit of Retention 16.3 10% of Subcontract Price
Release of Retention 16.5 5% of Subcontract Price upon Taking Over
Certificate, Remaining after
Warranty/Defects Period
Warranty Period / Defects Liability n.a 12 months from Time for Completion
Period
Form No.: QA-08-FM-025-11 Rev. No.: 0 Issue No.: 1 Issue Date: 09-Feb-2015 System: QMS Page 5 of 56
Project Contract Agreement &
BOQ
Reference : NMDC-03-10178-SC-107-CWG-22
Date : 21 September 2022
Enervo Contracting & General Your Reference :

Maintenance LLC
P.O. Box 26180, Abu Dhabi, UAE
Response Required : No
(Yes/ No)
Tel.: 971 2 553 0557
Attention : Mr. Ahmed Mostafa Tefesh
Project : Sir Baniyas Marina (Design and Build of MEP Services at Jetty)
Subject : Signed Subcontract Agreement No. NMDC/2022/10178/SCA/007-ENERVO
Dear Sir,
Please find enclosed signed copy of Subcontract Agreement No. NMDC/2022/10178/SCA/007-ENERVO

for the Design and Build of MEP Services at Jetty in Sir Baniyas Island.
This is for your information and record.
Yours Faithfully,
For and on behalf of

National Marine Dredging Company
Cornelis W. Gebuijs
Project Manager
Encl. As stated above
Page 1 of 1
NATIONAL MARINE DREDGING COMPANY
Name of Subcontractor ENERVO CONTRACTING & GENERAL MAINTENANCE L.L.C.
10178 - SIR BANIYAS ISLAND HILL AND MARINA PROJECT
Subcontract Agreement for
Design and Build of MEP Services at Jetty in Sir Baniyas Island
August 2022
CONTENTS
PAGE
SUBCONTRACT AGREEMENT.. .. .. .. .. .. 2
CONDITIONS OF SUBCONTRACT .. .. .. .. .. 5
SCHEDULES .. .. .. .. .. .. .. 22
SCHEDULE I PARTICULARS OF THE MAIN CONTRACT
SCHEDULE II FACILITIES TO BE PROVIDED BY THE CONTRACTOR
SCHEDULE III INSURANCE AND BONDING
SCHEDULE IV WORKS SCHEDULE FOR THE MAIN CONTRACT
SCHEDULE V DESCRIPTION OF SUBCONTRACT WORKS AND SUBCONTRACT

SPECIFICATION, CONCEPT DRAWINGS AND MEP DESIGN
BASIS REPORT
SCHEDULE VI BILL OF QUANTITIES
SCHEDULE VII PRO-FORMAS
SCHEDULE VIII PROJECT DOCUMENT DELIVERABLES AND QHSE GUIDELINES
This Subcontract Agreement is made on the 2nd day of August, year 2022.
BETWEEN
NATIONAL MARINE DREDGING COMPANY, having its business address at PO Box 3649, Abu
Dhabi, United Arab Emirates (hereinafter called the “Contractor”) of the one part
AND
ENERVO CONTRACTING & GENERAL MAINTENANCE L.L.C., having its business address at
PO Box 26180, Abu Dhabi, United Arab Emirates (hereinafter called the “Subcontractor”) of the
other part (Each a "Party" together, the "Parties")
WHEREAS the Contractor is desirous that certain Subcontract Works should be executed by the
Subcontractor namely Design and build of MEP services on the jetty at Sir Bani Yas Island Hill and
Marina Project located at Sir Bani Yas Island in Abu Dhabi, UAE and has accepted the
Subcontractor’s Offer for the execution and completion of such Subcontract Works and the
remedying of any defects therein.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. In this Subcontract Agreement words and expressions shall have the same meanings as are
respectively assigned in the Conditions of Subcontract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Subcontract:
(a) This Subcontract Agreement;

(b) [Not used];
(c) [Not used];
(d) The Conditions of Subcontract including Schedules thereto (unless otherwise stated);
(e) The Drawings;
(f) The Specifications.
In the event of any differences, discrepancies or ambiguities arising between the documents
forming part of this Subcontract the above order of precedence shall prevail.
3. In consideration of the payments to be made by the Contractor to the Subcontractor as hereinafter

mentioned the Subcontractor hereby covenants with the Contractor to execute and complete the
Subcontract Works and remedy any defects therein in conformity in all respects with the
provisions of the Subcontract.
4. The Contractor hereby covenants to pay the Subcontractor in consideration of the execution and
completion of the Subcontract Works and the remedying of any defects therein the Subcontract
Price or such other sum as may become payable under the provisions of the Subcontract at the
times and in the manner prescribed by the Subcontract.
IN WITNESS WHEREOF the parties hereto have caused this Subcontract Agreement to be
executed the day and year first before written in accordance with their respective laws.
SIGNED for and on behalf of

NATIONAL MARINE DREGDING COMPANY
Yasser Nassr Zaghloul

Group Chief Executive Officer
In the Presence of
[NAME] 21/09/2022
[POSITION]
SIGNED for and on behalf of

ENERVO CONTRACTING & GENERAL MAINTENANCE L.L.C.
Ahmed Mostafa Tafesh
Partner
In the Presence of
NAME]
[POSITION]
APPENDIX TO THE SUBCONTRACT AGREEMENT
Item Sub-Clause Data
Advance Payment 20.1 10 % of Subcontract Price upon

submission of APG
Amount of security 2.3 10% of Subcontract Price
Delay Liquidated Damages 4.5 0.3% of Subcontract Price per day of delay
or part thereof up to a maximum of 10% of
the Subcontract Price
Subcontractor’s Time for Completion 7.1 7 months including mobilization, and
demobilization.
Commencement Date 7.1 12 September 2022
Percentage Payment for Materials on 16.1(c) 40% from the item cost for the related
Site (if any) material delivery on site based on
approved material inspection request
(MIR).
Percentage of Retention 16.3 10 per cent of each payment
Limit of Retention 16.3 10% of Subcontract Price
Release of Retention 16.5 5% of Subcontract Price upon Taking Over
Certificate, Remaining after
Warranty/Defects Period
Warranty Period / Defects Liability n.a 12 months from Time for Completion
Period
CONDITIONS OF SUBCONTRACT
Contents Page
Definitions and Interpretation .. .. .. 10-13
1.1 Definitions
1.2 Headings and Marginal Notes
1.3 Interpretations
1.4 Singular and Plural
1.5 Notices, Consents, Approval, Confirmations
and Determinations
1.6 Instructions in Writing
1.7 Intellectual property
1.8 Confidentiality
1.9 Relationship of the Parties
1.10 Entire agreement
1.11 Further assurance
1.12 Counterparts
1.13 Severability
1.14 Costs
1.15 Variation
General Obligations .. .. .. .. .. 13-15
2.1 Subcontractor’s General Responsibilities

2.2 Health, Safety and the Environment
2.3 Performance Security
2.4 Programme to be Submitted by the Subcontractor
2.5 Assignment of Subcontract
2.6 Subcontracting
Subcontract Documents .. .. .. .. . 15
3.1 Language
3.2 Governing Law
3.3 Priority of Documents
Main Contract .. .. .. .. .. . 15-16
4.1 Subcontractor’s Knowledge of Main Contract

4.2 Responsibilities in Relation to Subcontract Works
4.3 No Privity of Contract
4.4 Breach of Subcontract
4.5 Liquidated Damages for Delay
Temporary Works, Contractor’s

Equipment and other Facilities .. .. .. . 16
5.1 Use of Temporary Works by Subcontractor

5.2 Provision of Facilities by Contractor
5.3 Indemnity by Subcontractor against damage to Facilities
Site Working and Access .. .. .. .. 16
6.1 Access to the Works

6.2 Subcontractor’s Obligation to Permit Access to Others
Commencement and Completion .. .. .. .. 17
7.1 Commencement of Subcontract Works and

Time for Completion
7.2 Extension of Time for Completion
7.3 Qualification to Clause 7.2
Instructions and Decisions .. .. .. .. 17-18
8.1 Instructions and Decisions under the Main Contract

8.2 Instructions under the Subcontract
Variations .. .. .. .. .. .. 18
9.1 Variations to the Subcontract Works

9.2 Instructions for Variations
Valuation of Variations .. .. .. .. 18-19
10.1 Method of Valuation for Variations

10.2 Quantities Estimated
10.3 Daywork
Notices and Claims .. .. .. .. .. 19
11.1 Notices and Claims

11.2 Failure to Give Notice
Indemnities .. .. .. .. .. .. 19-20
12.1 Subcontractor’s Obligation to Indemnify

12.2 Indemnity under the Main Contract
Insurance .. .. .. .. .. .. 20
13.1 Subcontractor’s Obligation to Insure

13.2 Contractor’s Obligation to Insure
13.3 Evidence of Insurance
Completion and Taking Over the Subcontract Works 20-21
14.1 Completion of Subcontract Work

14.2 Taking over Subcontract Work
Outstanding Works and Defects .. .. .. .. 21
15.1 Subcontractor’s Obligations before Taking-Over

15.2 Subcontractor’s Obligations after Taking-Over
Payment .. .. .. .. .. .. 21-22
16.1 Subcontractor’s Monthly Statements
16.2 Contractor’s Monthly Statements
16.3 Payment Due
16.4 Payment Withheld or Deferred
16.5 Release of Retention
16.6 Final Account and Final Payment
Termination of Main Contract and/or Subcontract .. 22-24
17.1 Termination or Suspension of Main Contract

17.2 Payment in respect of Termination
17.3 Payment in respect of Suspension
17.4 Termination of Main Contract in Consequence of Breach of Subcontract
17.5 Termination of Subcontract for Convenience
17.6 Termination of Subcontract for Breach
Settlement of Disputes .. .. .. .. .. 24
18.1 Amicable Settlement

18.2 Arbitration where Failure to Settle Amicably
18.3 Disputes in Connection with the Main Contract Touching or Concerning the
Subcontract Works
Force Majeure 24-26
19.1 Definition of Force Majeure

19.2 Exclusions from Force Majeure
19.3 Notice of Force Majeure
19.4 Effects of Force Majeure
19.5 Duty to minimise delay
19.6 Consequences of Force Majeure
Special Conditions .. .. .. .. .. 26
20.1 Advance Payment
Schedules
Schedule I Particulars of the Main Contract
Schedule II Facilities to be provided by the Contractor

Schedule III Insurance and Bonding
Schedule IV Works Schedule
Schedule V Description of Subcontract Works and Subcontract Specification, Concept
Drawings and MEP Design Basic report
Schedule VI Bill of Quantities
Schedule VII Pro-formas
Schedule VIII Project Document Deliverables and QHSE Guidelines
1.0 DEFINITIONS AND INTERPRETATION
1.1 Definitions
In the Subcontract (as hereinafter defined) all words and expressions shall have the same meanings
as are respectively assigned to them in the Main Contract (as hereinafter defined), except where
the context otherwise requires and except that the following words and expressions shall have the
meanings hereby assigned to them:
a) “Employer” means CPC and the legal successors in title to, or assignees of, such person, as the
Contractor shall notify the Subcontractor from time to time.
b) “Contractor” means National Marine Dredging Company of PO Box 3649, Abu Dhabi, United Arab
Emirates, and the legal successors in title to such person, and any assignee of such person as
may be required under the terms of the Main Contract but not otherwise (except with the consent
of the Subcontractor).
c) “Subcontractor” means the person identified as the Subcontractor in the Subcontract Agreement
and the legal successors in title to such person, but not (except with the consent of the Contractor)
any assignee of such person.
d) “Engineer” means the person appointed by the Employer to act as Engineer for the purposes of
the Main Contract.
e) “Main Contract” means the contract entered into between the Employer and the Contractor,
particulars of which are given in Schedule I to these Conditions of Subcontract.
f) “Subcontract” means those documents referred to in the Subcontract Agreement.
g) “Subcontract Specification” means the specification of the Subcontract Works included in the
Subcontract and any modification thereof or addition thereto made pursuant to the provisions of
the Subcontract.
h) “Subcontract Drawings” means all drawings, calculations and technical information of a like
nature provided by the Contractor to the Subcontractor under the Subcontract.
i) “Subcontract Bill of Quantities” means the priced and completed bill of quantities forming part of
the Subcontract.
j) “Subcontractor’s Offer” means the Subcontractor’s priced offer to the Contractor for the execution
and completion of the Subcontract Works and the remedying of any defects therein in accordance
with the provisions of the Subcontract, as accepted by the Contractor’s Letter of Award
k) “Contractor’s Letter of Award” means the formal acceptance by the Contractor of the
Subcontractor’s Offer.
l) “Subcontract Agreement” means the document executed by the Contractor and the Subcontractor
Type text here
to record their agreement of the Subcontract.
m) “Appendix to Subcontractor’s Offer” means the appendix comprised in the form of Subcontractor’s
Offer.
n) “Conditions of Subcontract” means these conditions (including the Schedules thereto), plus any
further additional or amended clauses as agreed between the parties and annexed hereto.
o) “Conditions of Main Contract” means those Conditions between the Employer and the Contractor,
and forming part of the Main Contract.
p) “Subcontractor’s Commencement Date” means the date specified in the Subcontractor’s notice
to commence issued by the Contractor pursuant to these Conditions of Subcontract.
q) “Subcontractor’s Time for Completion” means the time for completion of the Subcontract Works
or any Section thereof as stated in the Appendix to the Subcontractor’s Offer (or as extended
under the provisions of these Conditions of Subcontract) calculated from the Subcontractor’s
Commencement Date.
r) “Subcontract Price” means the sum as may be stated in the Contractor’s Letter of Award as
payable to the Subcontractor for the execution and completion of the Subcontract Works and the
remedying of any defects therein in accordance with the provisions of the Subcontract.
s) “Main Works” means the works as defined in the Main Contract.
t) “Subcontract Works” means the works described in Schedule V to be performed under and in
accordance with the Subcontract.
u) “Site” means the places where the Subcontract Works are to be executed and any other places
as may be specified in the Subcontract as forming part of the Site.
v) "Force Majeure" has the meaning given in Clause 19.
1.2 Headings and Marginal Notes
The headings and marginal notes in the Conditions of Subcontract shall not be deemed part thereof
or be taken into consideration in the interpretation or construction thereof or of the Subcontract.
1.3 Interpretation
Words importing persons or parties shall include firms and corporations and any organisation having
legal capacity.
1.4 Singular and Plural
Words importing the singular only also include the plural and vice versa where the context requires.
1.5 Notices, Consents, Approvals, Certificates, Confirmations and Determinations
Wherever in the Subcontract provision is made for the giving or issue of any notice, consent,
approval, certificate, confirmation, or determination by any person, unless otherwise specified such
notice, consent, approval, certificate, confirmation or determination shall be in writing and the words
“notify”, “certify”, “confirm” or “determine” shall be construed accordingly. Any such notice, consent,
approval, certificate, confirmation or determination shall not unreasonably be withheld or delayed.
1.6 Instructions in Writing
Instructions given by the Contractor shall be in writing, provided that if for any reason the Contractor
considers it necessary to give any instruction orally, the Subcontractor shall comply with such
instruction. Confirmation in writing of such oral instruction given by the Contractor, whether before
or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning
of this Sub-Clause. Provided further that if the Subcontractor, within 7 days, confirms in writing to
the Contractor any oral instruction of the Contractor and such confirmation is not contradicted in
writing within 7 days by the Contractor, it shall be deemed to be an instruction of the Contractor.
1.7 Intellectual property
The Subcontractor, in the performance of the Subcontract Works shall have or shall acquire for the
benefit of the Contractor and the Employer all intellectual property rights that may subsist in the
Subcontract Works necessary to allow: the Contractor to perform the Main Works and discharge its
obligations under the Main Contract; the use by the Employer of the Subcontract Works; the
incorporation of the Subcontract Works into the Main Works; and the design, installation,
commissioning, operation, maintenance, repair, alteration and modification of the Subcontract
Works and/or the Main Works. The Subcontractor hereby grants to the Contractor a perpetual non-
exclusive, irrevocable, royalty free license (such license to be freely assignable and sub-licensable
to the Employer and lenders or to any of their respective agents, trustees or nominees under the
financing agreements) to any and all such intellectual property rights that may subsist in the
Subcontract Works for use in connection with the performance of the Main Works and the design,
installation, commissioning, operation, maintenance, repair, alteration and modification of the
Subcontract Works and/or the Main Works.
The Subcontractor shall, at its own cost and expense, indemnify the Contractor from and against
any and all claims, losses, costs and expenses suffered by the Contractor and any and all claims,
suits and/or proceedings of any kind brought against the Contractor that are based upon or arise
out of a claim, whether rightful or otherwise, that the Subcontract Works or any portion or part thereof
supplied by the Subcontractor under this Subcontract constitutes an infringement of any intellectual
property rights of any person.
1.8 Confidentiality
a) The Subcontractor will comply with the conditions of any confidentiality provisions contained in
the Main Contract and in addition subject to paragraph (b), the Subcontractor will for the
duration of the performance of the Main Works and the six (6) years immediately following the
completion of the main Works:
i. keep confidential all matters relating to the Subcontract Works, the Main Works and the
Agreement (the "Confidential Information"); and
ii. not make any disclosure of, and ensure its employees, agents and servants do not disclose,
the Confidential Information.
b) Paragraph ( :a) will not apply to any information which
i. at the time of its supply to the Subcontractor, is in, or subsequently comes into, the public
domain, except through breach of any of the undertakings set out in the Subcontract;
ii. is already in the lawful possession of the Subcontractor or any other recipient;
iii. subsequently comes lawfully into the possession of the Subcontractor or any other recipient
from a third party who does not owe the Contractor an obligation of confidence in relation
to it;
iv. is required to be disclosed to any insurer under a policy of insurance issued pursuant to the
Subcontract or by law, regulation or any governmental authority or regulatory authority,
provided that, to the extent permitted and reasonably practicable, the Subcontractor will
consult in advance with the Contractor on the proposed form, timing, content and purpose
of the disclosure.
1.9 Relationship of the Parties
Nothing in the Subcontract will be deemed to constitute a partnership between any of the Parties
nor constitute any Party the agent of any other Party for any purpose.
1.10 Entire agreement
This Subcontract and the documents referred to in it contain the whole agreement between the
Parties relating to the transactions contemplated by the Subcontract and supersedes all previous
agreements between the Parties relating to the subject matter of the Subcontract.
Except as required by statute, no terms will be implied (whether by custom, usage or otherwise) into
the Subcontract.
1.11 Further assurance
Each Party agrees, upon the request of the other, to execute any documents and take any further
steps as may be reasonably necessary in order to implement and give full effect to the Subcontract.
1.12 Counterparts
The Subcontract Agreement may be executed in any number of counterparts, and this has the same
effect as if the signatures on the counterparts were on a single copy of the Subcontract Agreement.
1.13 Severability
The provisions contained in each Clause and paragraph of the Subcontract will be enforceable
independently of each of the others and their validity will not be affected if any of the others are
invalid.
If any of those provisions is void but would be valid if some part of the provision were deleted, the
provision in question will apply with such modification as may be necessary to make it valid.
1.14 Costs
Each of the Parties will pay its own costs and expenses of and incidental to the negotiation,
preparation and completion of the Subcontract.
1.15 Variation
Any variation of the Subcontract will not be binding on the Parties unless, set out in writing,
expressed to vary the Subcontract and signed by authorised representatives of each of the Parties.
2.0 GENERAL OBLIGATIONS
2.1 Subcontractor’s General Responsibilities
The Subcontractor shall, with due care and diligence, execute and complete the Subcontract Works
and remedy any defects therein in accordance with the provisions of the Subcontract. The
Subcontractor shall provide all superintendence labour, materials, Plant, Subcontractor’s Equipment
and all other things, whether of a temporary or permanent nature, required in and for such execution,
completion and remedying of any defects, so far as the necessity for providing the same is specified
in or is reasonably to be inferred from the Subcontract, and except as otherwise agreed in
accordance with the Subcontract.
The Subcontractor shall be deemed to have obtained all necessary information as to risks,
contingencies and other circumstances which may influence or affect the Subcontract Works. To the
same extent, the Subcontractor shall be deemed to have inspected and examined the Site, the Site's
surroundings, the Site data and other available information and to have been satisfied before
submitting the Subcontractor’s Offer as to all relevant matters without limitation have been included
in the Subcontractor’s Price.
The Subcontractor shall give prompt notice to the Contractor of any error, omission, fault or other
defect in the design of or specification for the Subcontract Works which he discovers when reviewing
the Subcontract and/or the Main Contract or executing the Subcontract Works.
2.2 Health, Safety and the Environment
The Subcontractor shall:
a) have full regard for the safety of all persons entitled to be on the Site and keep the Site (so far
as the same is under his control) and the Subcontract Works (so far as the same are not
completed or occupied by the Contractor) in an orderly state appropriate to the avoidance of
danger to such persons.
b) take all reasonable steps to protect the environment on and off the Site and to avoid damage
or nuisance to persons or to property of the public or others resulting from pollution, noise or
other causes arising as a consequence of his methods of operation.
c) provide at his own costs standard Personal Protective Equipment (PPE) such as coverall, vest,
hard helmet, safety shoes and goggles to all deployed manpower, and shall ensure that all his
personnel entering the Site shall wear the necessary PPE at all times – helmet, safety boots,
safety glasses, high visibility jackets and life jackets as appropriate. Failure to comply with this,
the Contractor shall provide the PPE to the personnel and deduct the costs + 15% from the
Subcontractor account accordingly.
Where work is undertaken by the Contractor or his agents on the Site, the Contractor shall:
a) have full regard to the safety of all persons entitled to be on the Site, and
b) keep the Site in an orderly state appropriate to the avoidance of danger to such persons.
2.3 Performance Security
If the Subcontract requires the Subcontractor to obtain security for his proper performance of the
Subcontract, he shall obtain and provide to the Contractor such security in the sum stated in the
Appendix to Subcontract Agreement. Such security (if any) shall be in the form contained in
Schedule VII to these Conditions of Subcontract. The bank providing such security shall be subject
to the approval of the Contractor.
The performance security shall be valid until the Subcontractor has executed and completed the
Subcontract Works and remedied any defects therein in accordance with the Subcontract. No claim
shall be made against such security after the expiration of the warranty period in respect of the Main
Works or the Defect Liability Period in Appendix to Subcontract Agreement, whichever date is later,
and such security shall be returned to the Subcontractor within 28 days of the issue of the Final
Acceptance Certificate, or equivalent.
2.4 Programme to be submitted by the Subcontractor
The Subcontractor shall within 14 days after: (i) the date of the Contractor’s Letter of Award; or (ii)
otherwise written instruction to commence, submit to the Contractor for his consent a Subcontract
programme for the execution of the Subcontract Works. Such programme shall be compatible with
the Works Schedule for the Main Contract into which it shall fit to the satisfaction of the Contractor.
The Subcontractor shall, whenever required by the Contractor, also provide in writing for his
information a general description of the arrangements and methods which the Subcontractor
proposes to adopt for the execution of the Subcontract Works.
If at any time it appears to the Contractor that the actual progress of the Subcontract Works does
not conform to the programme to which consent has been given, the Subcontractor shall produce,
at the request of the Contractor, a revised programme showing the modifications to such programme
necessary to ensure completion of the Subcontract Works within the Subcontractor’s Time for
Completion.
2.5 Assignment of Subcontract
Subject to the provisions of Clause 16.1 (Termination of the Main Contract), the Subcontractor shall
not, without the prior consent of the Contractor (which consent shall be at the sole discretion of the
Contractor), assign the Subcontract or any part thereof.
2.6 Subcontracting
The Subcontractor shall not subcontract the whole of the Subcontract Works, nor shall he
subcontract, without the prior consent of the Contractor (which consent shall be at the sole discretion
of the Contractor) any part of the Subcontract Works.
3.0 SUBCONTRACT DOCUMENTS
3.1 Language
The language in which the Subcontract documents shall be drawn up shall be English.
3.2 Governing Law
The applicable laws governing the Subcontract shall be the laws of the Emirate of Abu Dhabi and
the Federal laws of the UAE as applied in the Emirate of Abu Dhabi.
3.3 Priority of Documents
The several documents forming the Subcontract are to be taken as mutually explanatory of one
another. Unless otherwise provided in the Subcontract, the priority of the documents forming the
Subcontract shall be as stated in the Subcontract Agreement.
4.0 MAIN CONTRACT
4.1 Subcontractor’s Knowledge of Main Contract
The Contractor shall make the Main Contract (other than the details of the Contractor’s prices
thereunder) available for inspection to the Subcontractor and, if so requested by the Subcontractor,
shall provide the Subcontractor with a true copy of the Main Contract (less such details of the
Contractor’s prices), at the cost of the Subcontractor. The Subcontractor shall be deemed to have
full knowledge of the provisions of the Main Contract (less such details of the Contractor’s prices).
4.2 Responsibilities in Relation to Subcontract Works
Save where the provisions of the Subcontract otherwise require, the Subcontractor shall so design
(to the extent provided by the Subcontract), execute and complete the Subcontract Works and
remedy any defects therein, that no act or omission of his in relation thereto shall constitute, cause
or contribute to any breach by the Contractor of any of his obligations under the Main Contract. The
Subcontractor shall, save as aforesaid, assume and perform hereunder all the obligations and
liabilities of the Contractor under the Main Contract in relation to the Subcontract Works.
4.3 No Privity of Contract
Nothing herein shall be construed as creating any privity of contract between the Subcontractor and
the Employer.
4.4 Breach of Subcontract
If the Subcontractor commits any breaches of the Subcontract, he shall indemnify the Contractor
against any damages for which the Contractor becomes liable under the Main Contract as a result
of such breaches. In such event, the Contractor may, without prejudice to any other method of
recovery, deduct such damages from monies otherwise becoming due to the Subcontractor.
4.5 Liquidated Damages for Delay
Notwithstanding the foregoing the Sub-contractor shall be liable for the amounts as set out in the
Appendix to the Subcontract Agreement in respect of delays to the Subcontractor's Completion
dates.
5.0 TEMPORARY WORKS, CONTRACTOR’S EQUIPMENT AND OTHER FACILITIES
5.1 Use of Temporary Works by Subcontractor
Unless otherwise stated in Schedule II, the Contractor shall not be required to provide or retain any
Temporary Works for the Subcontractor. However, the Contractor may permit the Subcontractor, at
the Contractor’s discretion, to use such Temporary Works as are from time to time provided by the
Contractor in connection with the Main Works. No such permission shall impose any liability upon
the Contractor in respect of the use of such Temporary Works by the Subcontractor, nor relieve the
Subcontractor of any statutory or other obligation to test or inspect the Temporary Works, or to
provide suitable Temporary Works for the Subcontractor’s use.
5.2 Provision of Facilities by Contractor
The Contractor shall provide at the Site the Contractor’s Equipment and/or other facilities (if any)
specified in Schedule II and shall permit the Subcontractor, in common with the Contractor and/or
such other subcontractors as the Contractor may allow, to have the use thereof for the purposes of
executing and completing the Subcontract Works, but not of remedying any defects therein, upon
such terms and conditions (if any) as are specified in Schedule II.
5.3 Indemnity by Subcontractor against damage to Facilities
The Subcontractor shall indemnify the Contractor against any damage arising from the misuse by
the Subcontractor, his agents, servants or workmen, of Temporary Works, Contractor’s Equipment
and/or other facilities provided for his use by the Contractor.
6.0 SITE WORKING AND ACCESS
6.1 Access to the Works
The Contractor shall, from time to time, make available to the Subcontractor so much of the Site and
such access as may be required to enable the Subcontractor to proceed with the execution of the
Subcontract Works with due dispatch in accordance with the Subcontract.
6.2 Subcontractor’s Obligation to Permit Access to Others
The Subcontractor shall permit the Contractor, the Engineer, and any person authorised by either of
them to have reasonable access, during working hours, to the Subcontract Works and to the places
on the Site where any work or materials therefor are being executed, prepared or stored. The
Subcontractor shall also permit or procure reasonable access for the Contractor, the Engineer, and
any person authorised by either of them, to such places off Site where work is being executed or
prepared by or on behalf of the Subcontractor in connection with the Subcontract Works.
7.0 COMMENCEMENT AND COMPLETION
7.1 Commencement of Subcontract Works and Time for Completion
Within 7 days of receipt of the Contractor’s written instruction to do so, the Subcontractor shall
commence the Subcontract Works, and thereafter shall proceed with the same with due expedition
and without delay, except such as may be expressly sanctioned or instructed by the Contractor. The
Subcontract Works and, if applicable, any Section required to be completed within a particular time
as stated in the Schedule IV shall be completed within the time for completion stated in Schedule IV
for the Subcontract Works or the Section (as the case may be), calculated from the Subcontractor’s
Commencement Date, or such extended time as may be allowed under the provisions of the
Subcontract.
7.2 Extension of Time for Completion
Subject to Clause 7.3, if the Subcontractor shall be delayed in the execution of the Subcontract
Works or, if applicable, any Section thereof by any:
a) circumstances in regard to which the Contractor is entitled to receive from the Engineer an
extension of his time for completion of the Main Works under the Main Contract; or
b) instruction given by the Contractor under the provisions of the Subcontract; or
c) breach of the Subcontract:

v. by the Contractor; or
vi. for which the Contractor is responsible; or
d) subject to the provisions of Clause 19, Force Majeure,
then in any such event the Subcontractor shall be entitled to such extension of the Subcontractor’s
Time for Completion of the Subcontract Works or such Section thereof as may in all the
circumstances be fair and reasonable.
7.3 Qualifications to Clause 7.2
The Subcontractor shall not be entitled to an extension of time unless he has submitted to the
Contractor notice of the circumstances which are delaying him within 14 days of such delay first
occurring together with detailed particulars in justification of the extension of time claimed in order
that the claim may be investigated at the time.
Where an event has a continuing effect such that it is not practicable for the Subcontractor to submit
detailed particulars within this period, he shall nevertheless be entitled to an extension of time
provided that he has submitted to the Contractor interim particulars at intervals of not more than 28
days and final particulars within 28 days of the end of the effects resulting from the event.
8.0 INSTRUCTIONS AND DECISIONS
8.1 Instructions and Decisions under the Main Contract
The Subcontractor shall in relation to the Subcontract Works comply with all instructions and
decisions of the Engineer which are notified and confirmed to him as an instruction or decision by
the Contractor, irrespective of whether such instructions and decisions were validly given under the
Main Contract.
8.2 Instructions under the Subcontract
The Subcontractor shall take instructions only from the Contractor. The Contractor shall have the
like authority in relation to the Subcontract Works to give instructions as the Engineer has in relation
to the Main Works under the Main Contract. The Subcontractor shall have the like obligations to
abide by and comply therewith and the like rights in relation thereto as the Contractor has under the
Main Contract. The said powers of the Contractor shall be exercisable in any case irrespective of
whether the Engineer and/or Employer have exercised like powers in relation thereto under the Main
Contract.
9.0 VARIATIONS
9.1 Variations in the Subcontract Works
The Subcontractor shall only make such variations of the Subcontract Works, whether by way of
alteration, addition, or omission, as may be instructed by:
a) the Engineer under the Main Contract and notified and confirmed as an instruction to the
Subcontractor by the Contractor, or
b) the Contractor.
Any instruction relating to the Subcontract Works which is given by the Engineer under the Main
Contract and constitutes a variation thereunder shall be deemed to constitute a variation of the
Subcontract Works, if notified and confirmed by the Contractor in accordance with paragraph (a) of
this Sub-Clause.
9.2 Instructions for Variations
The Subcontractor shall not act upon an unconfirmed instruction for the variation of the Subcontract
Works which is directly received by him from the Employer or the Engineer. If the Subcontractor
shall receive any such direct instruction, he shall forthwith inform the Contractor thereof, and shall
supply a copy of direct instruction, if given in writing. The Contractor shall give directions thereon
promptly.
10.0 VALUATION OF VARIATIONS
10.1 Method of Valuation of Variations
All variations of the Subcontract Works shall be valued in the manner provided by this Clause and
the value thereof shall be added to or deducted from the Subcontract Price as appropriate.
The value of all variations shall be ascertained by reference to the rates and prices specified in the
Subcontract for the like or analogous work, but if there are no such rates and prices, or if they are
inappropriate or inapplicable, then such value shall be such as is fair and reasonable and mutually
agreed by the Parties. If no agreement can be reached then the Contractor shall make a fair
evaluation of the variation having due regard of all relevant circumstances and the Subcontractor
shall give effect to such evaluation unless revised under Clause 17.
Where a variation of the Subcontract Works, which also constitutes a variation under the Main
Contract, is measured by the Engineer thereunder, then provided that the rates and prices in the
Subcontract permit such variation to be valued by reference to measurement the Contractor shall
permit the Subcontractor to attend any measurement made on behalf of the Engineer. Such
measurement made under the Main Contract shall also constitute the measurement of the variation
for the purposes of the Subcontract and such variation shall be valued accordingly.
10.2 Quantities Estimated
The quantities set out in the Subcontract Bill of Quantities are the estimated quantities for the
Subcontract Works, and they are not to be taken as the actual and correct quantities of the
Subcontract Works to be executed by the Subcontractor in fulfilment of his obligations under the
Subcontract.
No instruction shall be required for increase or decrease in the quantity of any work where such
increase or decrease is not the result of an instruction given under Clause 9, but is the result of the
quantities exceeding or being less than those stated in the Subcontract Bill of Quantities.
10.3 Day work
Where the Subcontractor has been instructed by the Contractor to carry out work on a day work
basis the Subcontractor shall be paid for such work at the rates and prices specified in the day work
schedule (if any) included in the Schedules, or at such other rates and prices as may be agreed.
11.0 NOTICES AND CLAIMS
11.1 Notices and Claims
Notwithstanding any other provision of the Subcontract, if the Subcontractor intends to claim any
additional payment pursuant to any Clause of these Conditions or otherwise, he shall give notice of
his intention to the Contractor within 5 days after the event giving rise to the claim has first arisen.
Upon the happening of such event, the Subcontractor shall keep such contemporary records as may
reasonably be necessary, or as may be requested by the Contractor, to support any claim he may
subsequently wish to make. The Subcontractor expressly agrees that its right to bring or assert any
claim against the Contractor shall be waived unless timely notice is given as set forth herein.
In respect of claims for which there is a corresponding entitlement under the Main Contract,
Contractor shall take all reasonable steps to secure from the Employer such contractual benefits
(including additional payments, extension of time, or both), if any, as may be claimable in accordance
with the Main Contract on account of any circumstances in connection with the Subcontract Works.
The Subcontractor shall, in sufficient time, afford the Contractor all information and assistance that
may be required to enable the Contractor to claim such contractual benefit. On receiving such
contractual benefit from the Employer, the Contractor shall pass on to the Subcontractor such
proportion thereof as may in all the circumstances be fair and reasonable.
11.2 Failure to Give Notice
If by reason of any failure by the Subcontractor to comply with the provisions of Sub-Clause 11.1 the
Contractor is prevented from recovering any sum from the Employer under the Main Contract in
respect of the Main Works, then, without prejudice to any other remedy of the Contractor for such
failure, the Contractor may deduct such sum from monies otherwise due to the Subcontractor under
the Subcontract.
12.0 INDEMNITIES
12.1 Subcontractor’s Obligation to Indemnify
Subject to Clause 12.2, the Subcontractor shall at all times indemnify the Contractor against all
liabilities to other persons (including the servants and agents of the Contractor or Subcontractor) for
injury, damage to property or other loss which may arise out of or in consequence of the execution,
completion or maintenance of the Subcontract Works and against all costs, charges and expenses
that may be occasioned to the Contractor by the claims of such persons. [Providing always that with
the exception of events arising from fraud and/or deliberate default and/or gross negligence and/or
wilful misconduct and/or pollution (where the Subcontractor's liability shall not be limited), the liability
of the Subcontractor shall not exceed the Subcontract Price.]
12.2 Indemnity under the Main Contract
Provided always that the Contractor shall not be entitled to the benefit of this indemnity in respect of
any liability or claim if he is indemnified in respect thereof by the Employer under the terms of the
Main Contract. Provided further that the Subcontractor shall not be bound to indemnify the
Contractor against any such liability or claim if the injury, damage or loss in question was caused
solely by the wrongful acts or omission of the Contractor, his servants or agents.
The Contractor shall indemnify the Subcontractor against all liabilities and claims against which the
Employer indemnifies the Contractor under the Main Contract and to the like extent, but no further.
13.0 INSURANCES
13.1 Subcontractor’s Obligation to Insure
The Subcontractor shall take out and maintain during the performance of its obligations under the
Subcontract, insurance upon terms and with insurers to be approved by the Contractor against such
risks as are specified in Part 1 of Schedule III hereto and in such sums and for the benefit of such
persons as are specified therein.
13.2 Contractor’s Obligation to Insure
The Contractor shall maintain in force until such time as the Main Works have been completed or
ceased to be at his risk under the Main Contract, the insurance specified in Part 2 of Schedule III
hereto. In the event of the Subcontract Works, or any Constructional Plant, Temporary Works,
materials or other things belonging to the Subcontractor being destroyed or damaged during such
period in such circumstances that a claim is established in respect thereof under the said policies,
then provided that this claim is paid by the relevant insurer(s) the Subcontractor shall be paid the
amount of such claim less any deductible(s), or the amount of his loss, whichever is the less, and
shall apply such sum in replacing or repairing that which was destroyed or damaged. Save as
aforesaid the Subcontract Works shall be at the risk of the Subcontractor until the Main Works have
been completed under the Main Contract, or if the Main Works are to be completed by sections, until
the last of the sections which the Subcontract Works are comprised has been completed, and the
Subcontractor shall make good all loss of or damage occurring to the Subcontract Works prior
thereto at his own expense.
13.3 Evidence of Insurance
Where by virtue of this Clause either Party is required to effect and keep in force insurance, he shall
if so required by the other Party produce for inspection the appropriate policy of insurance together
with receipts for premiums thereunder and in the event of his failing to do so, the other Party may
himself effect such insurance and recover the cost of so doing from the Party in default.
14.0 COMPLETION AND TAKING OVER THE SUBCONTRACT WORKS
14.1 Completion of Subcontract Works
Completion of the Subcontract Works shall be achieved when these works have been completed in
accordance with the Subcontract except minor outstanding work and defects which will not
substantially affect the use of the Subcontract Works for their intended purpose.
14.2 Taking Over Subcontract Works
Where there is no provision for the taking-over of the Subcontract Works by the Contractor before
taking-over by the Employer the Subcontract Works shall be deemed to have been taking-over when
a Taking- Over certificate in respect of the Main Works, or section or part of the Main Works of which
the Subcontract Works are part has been issued or deemed to have been issued under the Main
Contract.
If there is a requirement for the Contractor to take over the Subcontract Works before taking-over of
the Main Works by the Employer, the Contractor shall take over the Works and issue a taking-over
certificate in the form set out in Schedule VII
15.0 OUTSTANDING WORK AND DEFECTS
15.1 Subcontractor’s Obligations before Taking-Over
If the Subcontractor shall complete the Subcontract Works before the completion of the Main Works,
or where under the Main Contract the Main Works are to be completed in sections, before the
completion of the last of such sections in which the Subcontract Works are comprised, the
Subcontractor shall maintain the Subcontract Works in the condition required by the Main Contract
to the satisfaction of the Contractor. The Subcontractor shall remedy every defect therein from
whatever cause arising until such completion of the Main Works, or last section thereof, as evidence
by the appropriate certification in accordance with the Main Contract.
Subject to the provisions of Clause 13 (Insurance), the Subcontractor shall not be entitled to any
additional payment for doing so unless such defect is caused solely by the act, neglect or default of
the Employer, his servants or agents under the Main Contract or of the Contractor, his servants or
agents under the Subcontract.
15.2 Subcontractor’s Obligations after Taking-Over
After completion of the Main Works or of the last of the sections thereof in which the Subcontract
Works are comprised, as the case may be, the Subcontractor shall maintain the Subcontract Works
and shall make good such defects therein as the Contractor is liable to make good under the Main
Contract.
Provided always that if any defect remedied by the Subcontractor under this Clause is caused solely
by the act, neglect or default of the Contractor, his servants or agents under the Subcontract, then
notwithstanding that the Contractor may have no corresponding right under the Main Contract, the
Subcontractor shall be entitled to be paid by the Contractor his reasonable costs of making good such
defects.
16.0 PAYMENT
16.1 Subcontractor’s Monthly Statements
The Subcontractor shall submit to the Contractor no later than 5 days before the end of each month
a Statement showing the amounts to which the Subcontractor considers himself to be entitled up to
the end of such month in respect of:
a) the value of the Subcontract Works that will have been executed;
b) any other items in the Subcontract Bill of Quantities including those for Subcontractor’s
Equipment, Temporary Works, dayworks and the like;
c) the percentage of the invoice value of listed materials (if any), all as may be stated in the
Appendix to the Subcontractor’s Offer delivered by the Subcontractor on the Site for
incorporation in the Subcontract Works but not incorporated in such Works, and
d) any other sums to which the Subcontractor may be entitled under the Subcontract or otherwise.
The value of work done shall be calculated in accordance with the rates and prices specified in the
Subcontract, but if there are no such rates and prices, or if they are inappropriate or inapplicable,
then such value shall be as is fair and reasonable.
16.2 Contractor’s Monthly Statements
Subject to the Subcontractor having submitted a Statement for any month to the Contractor, the
Contractor shall include, unless inappropriate or not in accordance with the Subcontract, the
amounts set out therein in the Contractor’s next statement for payment in accordance with the Main
Contract.
16.3 Payment Due
The Contractor shall certify payment to the Subcontractor within 14 days of the Contractor receiving
the Subcontractor Monthly statement and payment shall become due after (45) days from the date
of receipt of the related monthly statement, subject to deduction of previous payments, advance
sum repayments (if any) and of retention monies at the rates of 10% until such time as the limit of
retention money (10% of the Subcontract Price) has been reached.
16.4 Payment Withheld or Deferred
The Contractor shall be entitled to withhold or defer payment of all or part of any sums otherwise
due pursuant to the provisions hereof where work carried out is not approved by the Contractor
and/or the Employer’s Representative, providing that such non-approval is not due the act or default
of the Contractor.
Notwithstanding the terms of this Clause or any other Clause of the Subcontract, no amount shall
be due and payable to the Subcontractor until the performance security, if required under the
Subcontract, has been provided by the Subcontractor and approved by the Contractor.
16.5 Release of Retention
The Contractor shall pay to the Subcontractor retention monies held under the Subcontract as per
Appendix to Subcontract.
16.6 Final Account and Final Payment
Within 60 days, and provided that:
a) 14 days have elapsed since the submission by the Subcontractor of his final account to the
Contractor,
b) the Contractor and the Subcontractor have agreed the amount thereof, and
c) the Subcontractor has signed a Final Account Statement in the form set out in Schedule VII that
the payment referred to hereafter is in full and final settlement of all claims of the Subcontractor
under and in respect of the Subcontract,
the Contractor shall pay to the Subcontractor the Subcontract Price and any additions to or
deductions from such sum as are provided for in the Subcontract, or are otherwise payable in respect
thereof, less such sums as have already been received by the Subcontractor on account.
17.0 TERMINATION OR SUSPENSION OF MAIN CONTRACT AND/OR SUBCONTRACT
17.1 Termination or Suspension of Main Contract
If the Main Contract is terminated or suspended in whole or in part for any reason whatsoever before
the Subcontractor has fully performed his obligations under the Subcontract, then the Contractor
may at any time thereafter by notice to the Subcontractor forthwith terminate or suspend the
Subcontractor’s employment under the Subcontract and thereupon the Subcontractor shall with due
expedition remove his staff and workmen and the Subcontractor’s equipment from the Site, or, in
the event of suspension, immediately discontinue the Subcontract Works and thereafter comply
with the reasonable instructions of the Contractor. In the event of termination of the Main Contract,
and upon the Employer’s written request, the Subcontractor agrees to assign the Contractor’s rights
and obligations to the Employer.
17.2 Payment in respect of Termination
If the Subcontractor’s employment is terminated as aforesaid, the Subcontractor shall be paid by the
Contractor, in so far as such amounts or items have not already been covered by payments on
account made to the Subcontractor for:
a) all work executed prior to the date of termination at the rates and prices, if any, provided in the
Subcontract, or if there are no such rates and prices, then such amount as may be fair and
reasonable, and
b) all materials properly bought and left on the Site by the Subcontractor, together with such
proportion of the cost as may be reasonable, taking into account payments made or to be made
for work executed, of removal of Subcontractor’s equipment from the Site and, if required by the
Subcontractor, return thereof to the Subcontractor’s main plant yard in his country of registration
or to other destination, at no greater cost,
Provided that nothing herein shall affect the rights of either Party in respect of any breach of the
Subcontract committed by the other prior to such termination, nor any right which accrued to the
Subcontractor prior to such termination to receive any payment which is not in respect or on account
of the Subcontract Price.
17.3 Payment in respect of Suspension
If the Subcontract Works are suspended under the Main Contract or otherwise, the Subcontractor
shall be paid by the Contractor the reasonable demonstrable costs incurred by the Subcontractor
as a result of such suspension, including those related to demobilization and re-mobilization, if any.
Providing always that the Subcontractor shall immediately resume performance of the suspended
Subcontract Works when instructed by the Contractor to do so. For the avoidance of doubt, all work
completed prior to, and subsequent, to any such suspension shall be paid at the rates and prices
contained in the Subcontract.
17.4 Termination of Main Contract in Consequence of Breach of Subcontract
If the Contractor’s employment under the Main Contract is terminated, or if the Main Contract is
otherwise terminated by the Employer in consequence of any breach of the Subcontract by the
Subcontractor, then the provisions of the preceding Sub-Clause as to payment shall not apply, but
the rights of the Contractor and the Subcontractor hereunder shall be the same as if the
Subcontractor had by such breach repudiated the Subcontract and the Contractor had by his notice
of termination under Sub-Clause 16.5 elected to accept such repudiation.
17.5 Termination of Subcontract for Convenience
If the Contractor wishes for his convenience to terminate the Subcontractor’s employment under the
Subcontract without showing cause before the Subcontractor has fully performed his obligations
under this Subcontract, then the Contractor may at any time thereafter by notice to the Subcontractor
forthwith terminate the Subcontractor’s employment under the Subcontract and thereupon the
Subcontractor shall with due expedition remove his staff and workmen and the Subcontractor’s
equipment from the Site. Upon such termination of the Subcontractor’s employment, the provisions
of the preceding Sub-Clauses shall apply.
17.6 Termination of Subcontract for Breach
In the event of the Subcontractor:
a) becoming bankrupt or, being a company, going into liquidation other than for the purpose of a
scheme of reconstruction or amalgamation, or
b) repudiating the Subcontract,
c) without reasonable excuse, failing to commence or proceed with the Subcontract Works,
d) refusing or neglecting to remove defective materials or remedy defective work after being
instructed to do so by the Contractor,
e) despite previous written warning from the Contractor, persistently or flagrantly neglecting to
comply with any of his obligations under the Subcontract,
then in any such event, and without prejudice to other rights or remedies, the Contractor may by a
notice to the Subcontractor forthwith terminate the Subcontractor’s employment under the
Subcontract and thereupon the Contractor may take possession of all materials and by himself or
any other contractor execute and complete the Subcontract Works.
In such event the Contractor may recover his costs of so doing from the Subcontractor, or deduct
such costs from monies otherwise becoming due to the Subcontractor providing always that such
costs shall not exceed 100% of the Subcontract Price.
18.0 SETTLEMENT OF DISPUTES
18.1 Amicable Settlement
If a dispute of any kind whatsoever arises between the Contractor and the Subcontractor in
connection with or arising out of the Subcontract or the execution of the Subcontract Works, whether
during the execution of the Subcontract Works or after their completion and whether before or after
termination of the Subcontract, then the Contractor or the Subcontractor may give a notice of such
dispute to the other Party, in which case the parties shall attempt for the next fifty-six days to settle
such dispute amicably before the commencement of arbitration. Such notice shall state that it is
made pursuant to this Clause.
18.2 Arbitration where Failure to Settle Amicably
Any dispute which has not been amicably settled within fifty-six days after the day on which such
notice is given shall finally be settled by Arbitration in accordance with the rules of Conciliation and
Arbitration of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) by one or
more arbitrators being appointed under said rules. The Arbitration will be conducted in English
Language and the seat of Arbitration shall be Abu Dhabi.
18.3 Dispute in Connection with the Main Contract Concerning the Subcontract Works
If a dispute of any kind whatsoever arises between the Employer and the Contractor in connection
with, or arising out of, the Main Contract or the execution of the Main Works, whether during the
execution of the Main Works or after their completion and whether before or after repudiation or
other termination of the Main Contract, including any dispute as to any opinion, instruction,
determination, certificate or valuation of the Engineer, and the Contractor is of the opinion that such
dispute touches or concerns the Subcontract Works and arbitration of such dispute under the Main
Contract commences, the Contractor may by notice require that the Subcontractor provide such
information and attend such meetings in connection therewith as the Contractor may reasonably
request.
19.0 FORCE MAJEURE
19.1 Definition of Force Majeure
"Force Majeure" means catastrophic storms or floods, lightning, tornadoes, cyclones, earthquakes,
epidemics, fires and explosions or similar such events, provided that such act or event, in each case:
a) delays, interrupts or renders impossible the affected Party’s performance of its obligations under
the Contract;
b) is beyond the reasonable control of the affected Party and not due to its acts or omissions; and
c) could not have been prevented, avoided or overcome by the affected Party through the exercise
of due diligence.
19.2 Exclusions from Force Majeure
Force Majeure shall not include:

a) any shortage or late delivery of materials or consumables which the Subcontractor is obliged to
supply under the Subcontract and/or in connection with the Subcontract Works unless an event
happens due to force majeure;
b) any shortage of staff and labour;
c) any act of a governmental authority in relation to visas, work permits and immigration approvals
for the Subcontractor’s staff and labour;
d) changes in market conditions; or
e) an inability to secure financing (and the effects thereof) for whatsoever reason.
19.3 Notice of Force Majeure
If a Party is or will be prevented from performing any of its obligations under the Contract by Force
Majeure, then it shall give notice to the other Party of the event or circumstances constituting the
Force Majeure and shall specify the obligations, the performance of which is or will be prevented.
The notice shall be given within fourteen (14) days after the Party became aware, or should have
become aware, of the relevant event or circumstance constituting Force Majeure.
The Party shall, having given notice in accordance with this Clause 19.3, be excused performance
of such obligations for so long as such Force Majeure prevents it from performing them.
19.4 Effects of Force Majeure
Notwithstanding any other provision of this Clause 19, Force Majeure shall not apply to obligations
of either Party to make payments to the other Party under the Subcontract or for the Subcontractor
to make payments to any Sub-sub-contractor and/or supplier or to the extent applicable any sub-
contractor or supplier of any tier.
19.5 Duty to Minimize delay
Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance
of the Subcontract as a result of Force Majeure and shall give notice to the other Party when it
ceases to be affected by the Force Majeure.
19.6 Consequences of Force Majeure
If the Subcontractor is prevented from performing any of its obligations under the Subcontract by
Force Majeure of which notice has been given under Clause 19.3, and suffers critical delay by
reason of such Force Majeure, the Subcontractor shall be entitled, subject to Clauses 7.2 and 11.1,
to an extension of the Time for Completion for any such delay.
The Subcontractor shall not be entitled to reimbursement of any additional cost incurred and/or any
corresponding adjustment to the Subcontract Price resulting from Force Majeure.
Where the Subcontractor is unable to perform its obligations due to Force Majeure and Contractor
is not entitled to equivalent relief under the Main Contract, the Contractor shall be entitled upon the
issue of written notice to vary the scope of the Subcontract Works and engage a third party
subcontractor to perform the relevant Subcontract Works. The Subcontractor will not be entitled to
any loss of profit or overheads in relation to such variation.
20.0 SPECIAL CONDITIONS
The following Special Conditions are added. Where there is ambiguity between any provision
contained in these Special Conditions and any of the provisions contained in Clauses 1 to 20 of
these Conditions of Contract, the relevant provisions of these Special Conditions will prevail.
20.1 Advance Payment
20.1.1 The Contractor shall make an advance payment as an interest-free loan for mobilization,
when the Sub-contractor submits a guarantee in accordance with this Sub-clause 20.1 and Schedule
VII Proformas. The total advance payment shall be as stated in the “Appendix to Sub-Contract
Agreement”. Unless and until the Sub-contractor receives this guarantee, or if the total advance is
not stated in the “Appendix to the Sub-contract Agreement”, this sub-clause shall not apply.
20.1.2 The Advance Payment Guarantee shall be issued by a bank approved by Contractor and in
the form provided in Schedule VII Proformas.
The Sub-contractor shall ensure that the guarantee is valid and enforceable until the advance
payment has been repaid, but its amount may be progressively reduced by the amount repaid by
the Sub-contractor as indicated in the Payment certificates.
The advance payment shall be repaid through percentage deductions in “Appendix to Sub-
contractor Agreement”.
20.1.3 If the advance payment has not been repaid prior to the issue of Taking Over Certificate for
the Works or prior to termination under Clause 17 Termination of Main Contract and/or Sub-contract
or Clause 19 Force Majeure (as the case may be), the whole of the balance then outstanding shall
immediately become due and payable by the Sub-contractor to the Contractor.
SCHEDULE I
Particulars of the Main Contract
Not used
SCHEDULE II
Services and Facilities to be provided by the Contractor
See the attached responsibility matrix
DIVISION OF RESPONSIBILITIES - SBY-MEP SERVICES
ITEM ITEM CONTRACTOR SUBCONTRACTOR
A General Requirements;
1 Project work permits required for construction related to site activities. X
2 Workmen’s Compensation Employer’s Liability Insurance X
3 Third Party liability Insurance including Insurance for Employer’s Property other than Work X
4 Motor Vehicle Third Party and Passenger Liability X
5 Loss or Damage to Subcontractor’s Equipment X
6 Professional Indemnity Insurance X
7 Performance Bank Guarantee as per enclosed Contractor format X
8 Advance Payment Guarantee as per enclosed Contractor format (if required) X
B Specified Requirements;
1 Progress and cost control reports as per the Subcontract agreement X
2 Clear the existing utility services at the scope location if any X
C Sundry Items;
1 Testing of materials as and when required X
2 Protecting the works as per the regulations (Subcontractor responsibility to provide watchman for his materials, equipment & work) X X
3 Authority complied materials, equipment, and system and service connectional requirements as per regulations. X
4 Any authorities fees/ requirements that not mentioned in scope of work and BOQ. X
5 Any connection fees ( Electrical , water , drainage ). X
D Provisions of all necessary SITE office, storage facilities, workshop, etc. and complete with all services;
1 Site office fully operational including Rest area at project site. X
2 Storage, laydown and working areas near to job location (Contractor will provide area only) X
3 Domestic waste management of site office facility X
4 Welfare services including clinic X

5 Electricity and water for construction purpose X
6 Lighting arrangement for night works X
7 Computer, laptops, softwares, printer, scanner, etc. (if required) X
8 Drinking water, tea, coffee, sugar, milk, microwave and other sundry canteen items. X
9 Fuel/diesel, oil, etc. (Subcontractor can use Contractor fuel facility at site with contra charges from Contractor) X
E Provisions of all necessary construction plants and equipment's, marine vessels for the WORKS;
1 Earthwork equipment's for excavation, backfilling and disposal works. X
2 Plants and equipment's required for the subcontractor scope of work X
3 Hand tools X
4 Maintenance/servicing for subcontractor's plants and equipments X
F Provision of all SITE safety equipment's and requirements etc. for the works X
G Pre-Survey Complete Work Area X
H Soil Investigation prior to construction commencement if required (Contractor will provide available information only) X
J Provide a HSE representative and to comply with Company’s Health, Safety and Environmental standards. X
Provision of all required Shop drawings, as-built drawings, maintenance, warranties and any other documentation required in accordance with
K X
the AGREEMENT to be handed over to the COMPANY/CONTRACTOR.
L Clearing up, final cleaning and making good SITE establishment after completion of the WORKS X
M Project Management and Supervision X X
N Provisions for mobilisation, demobilisation, logistics, transportation, food & accommodation;

1 Mob & demob of subcontractor plants and equipments to & from Mughraq Port / NMDC Base X
2 Supply and delivery of all permanent materials and consumables to NMDC Base X
3 Handling and Storage at NMDC base and Site. X
4 Unloading & Loading at NMDC base and Site. X
5 Port charges and agency fees from NMDC Base to Site. X
6.a Marine transportation for subcontractor plants & equips and shifting of permanent materials from NMDC Base to Site. X
6.b Marine transportation for subcontractor personnel to & from Mugharagh Port to Site (Subcontractor personnel port passes by Subcontractor) X
7 Accommodation, food and transportation at Site for max. 70 personnel at peak time as per manpower histogram. X
P CONSTRUCTION AND INSTALLATION;
1 Detailed engineering and design of MEP services including reports and shop drawings, as per concept design X
To prepare and submit for approval of the technical submittals (method statement, shop drawings, materials approval, QA/QC documents, etc.),
2 prior to the commencement of work. X
3 Setting out and provision of all levels and elevations required as per approved design and drawings. X
4 Supply and delivery of all required permanent materials as per approved design drawings & project specification X
5 Installation of all MEP services as per approved methodology and drawings. X
6 Testing and Commissioning of all MEP services X
7 Provision of 3 nos. Skips/Container and Disposal of Debris Arising From the Works (Construction waste) to Designated Assembly Point at Site. X
8 Commissioning and Hand-over X
9 Post commissioning maintenance schedule (during DLP) X

SCHEDULE III
Insurance and Bonding
Insurance and Bonding (to be inserted upon receipt of Subcontractor’s Insurance Certificates
as per the requirements below and Performance Bond as per the Form in Schedule VII)
Document Title Reference Rev. Pages
Part I - Insurance Requirements
A. Subject to Clause 13.1, the following requirements shall be obtained and maintained by
Subcontractor :
1.0 Workmen’s Compensation Employer’s Liability Insurance

1.1 Name of Insured Subcontractor, any subsidiary and
affiliated companies and all other
subcontractors and agents of any tier
1.2 Minimum Amount - Workmen’s Compensation
- Employer’s Liability up to AED
1,000,000
2.0 Third Party liability Insurance including Insurance for Employer’s Property other than Work
Description Name of Insured Minimum Amount
2.1 Death or injury to any Third Subcontractor + Contractor For each and every
Party to include Employer, + Employer + Engineer incident up to AED
Engineer or their personnel ( 2,000,000
except for negligence of the
Employer, any Employer’s
Representative or their
employees)
2.2 Damage to any Third Party Subcontractor + Contractor For each and every
property + Employer + Engineer incident up to AED
2,000,000
3.0 Motor Vehicle Third Party and Passenger Liability

3.1 Liability Insurance in respect of Subcontractor, any As per UAE law
automobiles subsidiary and affiliated
companies and all other
subcontractors and agents
of any tier
4.0 Loss or Damage to Subcontractor’s Equipment

4.1 All Risk Insurance in respect of Subcontractor, any Up to full replacement of
the Subcontractor’s properties subsidiary and affiliated each unit
and equipment companies and all other
of any tier
4.2 All Risks Land Transit Clause Subcontractor, any Full value of materials for
loss or damage resulting from subsidiary and affiliated shipment by road/land
loading/unloading operations companies and all other
of any tier
5.0 Professional Indemnity Insurance

5.1 Professional indemnity Subcontractor + Contractor For any one occurrence or
insurance to be carried by the + Employer + Engineer series of occurrences with
Consulting Engineer for any a limit of AED 5,000,000
one occurrence or with 3 years extended
series of occurrences reported period
Shall be maintained for 10
years
B. Conditions:
a. Subcontractor shall, prior to commencement of the Subcontract Works, provide
evidence that all policies of insurance required to be taken out by Subcontractor
hereunder have been so taken out and, at the request of Contractor, shall furnish to
Contractor certificates relating to such policies. Renewal certificates shall be obtained
by Subcontractor as and when necessary, and copies thereof shall be forwarded to
Contractor as soon as the same are available.
b. Subcontractor shall cause Contractor and Employer/Engineer to be included as
additional insured and covered by the insurance policies described in Part I A. above
and Subcontractor shall ensure that the respective insurers waive all rights of
subrogation against Contractor.
c. Contractor and Employer shall not be liable in respect of limits, deductibles or
limitations in the Subcontractor policies wording.
d. All insurances required under Part I A. above shall be on terms and conditions issued
by insurance companies or underwriters acceptable to Contractor.
e. Not later than the Commencement Date, Subcontractor shall furnish to Contractor
evidence that all insurances required under Part I A. above, have been duly effected
and shall provide certified copies of the certificates of policies relating thereto which
certificates shall incorporate any exclusions. Renewal certificates shall be obtained
by Subcontractor as and when necessary and certified copies thereof shall be
forwarded promptly to Contractor.
f. To the extent of the indemnities granted under Clause 13 and Part I A above,
Subcontractor shall procure that its insurers and such subcontractors' insurers waive
all rights of subrogation against Contractor and Employer /Engineer.
g. The insurance limits specified in Part I A. above are minimum requirements and shall
not be construed as a limitation of liability or as constituting acceptance by Contractor
of liability in excess of such limits.
h. Any policy deductibles and/or excesses applicable to the insurances required
hereunder shall be for the account of Subcontractor.
i. Each Party shall give the other prompt notification of any claim with respect to any of
the insurance policies specified in Part I A. above, accompanied by full details of the
incident giving rise to such claim.
j. Each Party shall afford the other all such assistance as may be reasonably required
for the preparation and negotiation of insurance claims.
SCHEDULE IV
Works Schedule
Commencement Date: 12 September 2022
Completion date: Seven (7) months from Commencement Date including mobilization,
design approval, permits issue, MAR approval, MES approval,
shop drawings approval, procurement, delivery, construction, final
connections, testing & commissioning, as built drawings approval,
warranties & demobilization.
The above is detailed as follows;
1. Preparation, submission, review & approval of detailed design – 30 days from

Commencement Date
2. Mobilization, procurement, delivery, construction, final connections, testing &
commissioning, as built drawings approval, warranties & demobilization – 6 months from
design approval.
Subject to Schedule VIII, Contractor shall approve the design within 7 days from the date of
design submission.
SCHEDULE V
Description of Subcontract Works and Subcontract Specification and Drawings
A. SCOPE OF WORK:
The Scope of works for MEP services at Jetty in Sir Baniyas Island shall include but not limited to
the following activities:
 Design & Construction of all Civil works related to MEP Services including but not limitted to
Excavation, Backfilling, Concrete chamber construction, Box out concrete deck, foundation,
etc.
 Design, supply, installation, testing and commissioning of following MEP services;

 Water Supply Network
 Firewater Network;
 Sewage Pumping-out Network system;
 Power Supply Network;
 External lighting Network.
 Fiber Optic Internet Connection Network.
 Detailed engineering and design of MEP services including reports and shop drawings, etc.
 Prepare the technical submittals (method statement, calculation, reports, shop drawings,
interface drawings, materials approval, QA/QC documents, etc.) and submit for approval
prior to the commencement of work to main Contractor.
 Supply and delivery of all required permanent materials as per approved design drawings
and project specification in line with Authority Standard.
 Installation of all MEP services as per approved methodology and drawings including the
Tie-in provisions.
 Testing and Commissioning of all MEP services.
 Post commissioning maintenance schedule (during DLP).
 Submission of Operation & maintenance manual, training, tagging, asset register, warranty
certifcates, spares, As Built drawings etc. of all installed & commissioned services.
Subcontractor provided facilities/ obligations
The following shall be the responsibility of /provided by the Subcontractor:
 The Subcontractor is responsible for the procurement, delivery to designated Port

location, installation, testing and commissioning of the Subcontract works.
 Sufficient plant, equipment, scaffolding and small tools such as to enable the
Subcontractor to complete the scope of works. Also includes errection, setup of
equipment, and dismantling after completion of works.
 Subcontractor shall supply all necessary documentations to complete the aforementioned
subcontract works.
 COVID19 Tests of Subcontractor Employees as per Contractor policy.
 Attend construction progress review meetings with the Contractor.

 Subcontractor shall liaise with other contractors’ working at site particularly on tie-in
connections and pavement works, movement of equipment on site, etc.
 Subcontractor shall coordinate the Works and share access to the Site and may have to
perform some of the Works concurrently in the same location and at the same time as
works of other contracts and operations of others. The Subcontractor shall liaise with
Contractor and relevant stakeholders to interface and integrate the Works with the works,
activities, and operations of Contractor and others.
 All Works shall be fully compliant with latest applicable Standards, Marina Specifications
and requirements acceptable to UAE regulations and any other applicable Standard.
 Subcontractor shall be licensed and certified by relevant Authorities related to scope of
work.
 All concerned engineering standards and norms shall be applicable wherever required
and all materials used in the Work must be approved by Contractor prior to their
installation at site.
 During the performance of the Works, Subcontractor shall submit to Contractor reports in
accordance with the Contract including but not limited to weekly and monthly reports on
the actual progress.
 Successfully Testing and Commissioning of the Subcontract works.
 Contractor shall have the right to condemn all tools, equipment, materials, or work that
does not conform to Specifications and standard.
 Any defective work not conforming to Specifications shall be rectified by Subcontractor at
no additional costs to Contractor. Any condemned tools, instruments, materials or
equipment shall be replaced or rectified at no additional costs to Contractor.
 Subcontractor guarantees that all materials and equipment used or installed in the Works
shall conform to the specifications contained in the Subcontract Agreement.
 Warranty to be inline with the Scope of work, specification, and standard.
 Sufficient and suitably skilled equipment operatives and site operatives such as to enable
the Subcontractor to complete the scope of works within the agreed contract period.
 Sufficient and suitably skilled site supervision such as to enable the Subcontractor to
complete the scope of works within the agreed contract period and while maintaining the
Contractor’s Health, Safety and Environmental standards.
 Suitably trained operatives for the purpose of offloading the items and Subcontractor’s
plant on arrival at site, if applicable.
 All necessary PPE for site operatives to include, not limited to, hard hat, high viz vest, life
jacket, safety footwear, gloves, welding gloves, glasses (clear during hours of darkness).
 Site safety is the responsibility of the Subcontractor in all respects.
 Site visit upon completion of Defects Liability Period (i.e. 365 days from the date of
issuance of TOC by Contractor), if any defects the same shall be fixed by the
Subcontractor at no additional cost.
B. MATERIAL SPECIFICATION AND STANDARDS
To be provided by Subcontractor.
C. REFERENCE DRAWING
As per reference concept drawing below,
- 20023-SK-G-001 SERVICES GENERAL LAYOUT.

- 20023-SK-G-002 TYPICAL UTILITY CORRIDOR CROSS SECTIONS.
- 20023-SK-W-001 FRESHWATER SUPPLY LAYOUT
- 20023-SK-W-101 FIREWATER SUPPLY LAYOUT
- 20023-SK-W-201 PUMPING-OUT LAYOUT
- 20023-SK-E-001 POWER & FOC NETWORK LAYOUT
- 20023-SK-E-101 LIGHTING LAYOUT
D. DELIVERY SCHEDULE
Seven (7) months including mobilization, design approval, permits issue, MAR
approval, MES approval, shop drawings approval, procurement, delivery, construction,
final connections, testing & commissioning, as built drawings approval, warranties &
demobilization.
E. WARRANTY
Twelve (12) months Defects Liability Period as per Appendix to Subcontract Agreement.
All materials warranty certificates from manufacturers to be submitted to Contractor prior to

issuing the taking-over certificate in the form set out in Schedule VII in accordance with
Subcontract Agreement.
Attachment 1 to Schedule V – Other Documents
Sr. Doc. Ref. No. Doc. Description Rev. Date

No. No.
MEP Design Basis report
1 ADEC-20023-MEP-RPT-012 MEP Design Basis Report 0.2 May 21
Pre-Tender Clarification
1 Query No.1 Response to bidder’s query 0.0 13 May 22
no.1
Post Tender Clarification
1 Sub-Contractor Email MEP services presentation 0.0 7 July 22
(with two attachment)
2 PTC-01 Email Heliports works – additional 0.0 28 July 22
(with one attachment) items to be included in jetty
works offer
3 PTC-02 Email SBY-NMDC-22-10178-SBYN- 0.0 28 July 22
(with four attachment) Hanger building and Jetty works
– RFI response
4 Contractor Email (with seven Seaplane marina detailed 0.0 2 Aug 22
drawings of seaplane drawings for tie-in provisions
marina) and consideration of services.
SCHEDULE VI
Bill of Quantities (BOQ)
1.0 General Preambles:
This Subcontract is a lump sum Subcontract and the descriptions contained in the Bills of Quantities
for each item are not necessarily complete and meant for payment purpose. The Subcontractor is
referred to the Conditions of Subcontract, Specifications, Drawings, Supplementary information as
well as the internationally recognised Standards and Codes of Practice for further information as no
claim or variation will be considered on account of the Subcontractor's failure to do so.
Drawings, Specifications and Bills of Quantities and all other Subcontract documents are
complementary and if any item is included in any of them, it shall be deemed included in all.
The prices and rates entered by the Subcontractor against items in the Bills of Quantities shall apply
throughout the duration of the Subcontract to the execution of these items, except where otherwise
provided for, and to any additional work ordered by the Contractor.
2.0 Pricing
2.1 Except for what is stated hereafter in Clause 6.0 Exclusions, the prices shall be
comprehensive and must include for complying in all respects with the Conditions of
Subcontract, Specifications and Drawings and for all matters and things necessary for the
proper construction, completion, and maintenance of the whole of the Works. No claims for
additional payment will be allowed for any error or misunderstanding by the Subcontractor
of the work involved.
The rates and sums inserted in the Bill of Quantities are deemed to include but not limited for the
following:
Labour and all costs in connection therewith.

Materials, goods and all costs in connection therewith
Fillings and fixing materials or goods in position
Plant & Equipment
Waste, bulking, shrinkage, and overlaps.
Verification, testing and commissioning
Preparation and supply of shop drawings and record drawings.
Insurance, maintenance, overheads and profit.
3.0 Additional Clause for Payment

3.1 In addition to Clause 16 in Subcontract Conditions, all payments for the Services made by
Contractor to the Subcontractor shall be made once Contractor is provided with a valid tax
invoice by the Subcontractor for the Work. The tax invoice will have to meet the invoicing
requirements as set out in the UAE tax laws as published by the Federal Tax Authority in
UAE.
3.2 In relation to the Works delivered to Contractor, the Subcontractor shall be liable for and fully
indemnify Contractor for any costs incurred, such as but not limited to interest, penalties,
fines and other fees, by Contractor due to Contractor not being provided with a valid tax
invoice. Contractor shall be entitled to deduct from any payments due to the Subcontractor
the amounts of value added tax and relating costs that Contractor was unable to recover in
relation to the delivered Works.
4.0 Payment Schedule
Subject to Clause 16. Payment in Conditions of Subcontract, the Payment Schedule shall be
as follows:
- 10% Advance payment as per Sub-clause 20.1 and Schedule VII
- Remaining based on actual monthly progress on Site as per percentage payment for
materials on Site in Appendix and Sub-clause 16.1 (c ) provided the following;
a. The 40% from the item cost for related material delivery on site shall be released
based on approved material inspection request (MIR).
b. The remaining of the item cost shall be released as per monthly progress based on
approved inspection test request (ITR).
5.0 Bill Of Quantity Table
S/N Item Description Unit Quantity Rate (AED) Amount (AED)
A Preliminaries /General Requirements

1 Design fees
Detailed engineering & design (MEP services),
preparing detailed drawings and shop drawings
1.1 L.S. 1 535,000.00 535,000.00
based on the concept Scope of Works provided by
Employer.
2 Insurance & Bond
Allow for Performance and Advance Bonds in

2.1 L.S 1 35,000.00 35,000.00
accordance with the requirements of the Contract.
Allow for insurances in accordance with the
2.2 L.S 1 120,000.00 120,000.00
requirements of the Contract.
3 Submittals, Approvals & Cost control

Allow to prepare and submit method statement,
3.1 materials approval, QA/QC documents, cost control LS 1 60,000.00 60,000.00
report ,etc.
4 Office, Storage & laydown Facilities

4.1 Mobilization for storage and Laydown facilities. L.S. 1 40,000.00 40,000.00
Provision of office furniture, computer, laptops,
4.2 software's, printer, scanner, etc. L.S. 1 68,000.00 68,000.00
Including Land Surveying Equipment's.
Canteen items (Drinking water, tea, coffee, sugar,

4.3 L.S. 1 30,000.00 30,000.00
milk, microwave, etc.)
Demobilization of Sub-Contractor Office, Storage &
4.4 L.S. 1 25,000.00 25,000.00
laydown Facilities
Security Arrangement & Construction Waste

5
management at Site
Provide and maintain necessary security
5.1 arrangements including watchman, safety L.S. 1 80,000.00 80,000.00
equipment's and requirements etc. for the works.
Provision Skips/Containers and Disposal of Debris
5.2 L.S. 1 Included Included
Arising From the Works (Construction waste).
6 Construction’s Supervision & Manpower

Provision of Sub-Contractor Construction’s
6.1 Supervision & Manpower resources required to L.S. 1 650,000.00 650,000.00
execute, successfully handover the work.
Mobilization & Demobilization of Sub-Contractor
6.2 L.S. 1 25,000.00 25,000.00
Construction’s Supervision & Manpower resources.
7 Sub-Contractor’s Plants & Equipment.
Mobilization of Plants & Equipment required to

7.1 L.S. 1 439,550.00 439,550.00
complete the work including hand tools.
7.2 Fuel Consumption L.S. 1 Included Included
7.3 Demobilization of Plant and Equipment. L.S. 1 80,000.00 80,000.00
8 Site Handover
Provision as-built drawings, maintenance,
8.1 warranties and any other documentation required L.S. 1 15,000.00 15,000.00
to be handed over to the Contractor.
8.2 Cleaning & preparation the Site for Hanover L.S. 1 50,000.00 50,000.00
Sub Total A (Preliminaries /General Requirements) 2,252,550.00
B CIVIL WORKS
Design & construction of all civil works related to

MEP services including but not limited to
Excavation, Backfilling, Concrete chamber
1 L.S. 1 1,906,655.00 1,906,655.00
construction, Box out concrete deck, foundation,
etc….,excluding EME equipment’s (Excavators,
Bobcats Boom Loader)
Sub Total B (Civil Works) 1,906,655.00
C Electrical Works
Design, Supply, Installation, Testing &

commissioning of Electrical Services:-
1 LV pedestal L.S. 1 895,196.00 895,196.00
2 MV pedestal – Jib crane type L.S. 1 6,181,047.00 6,181,047.00
L.S.
3 Frequency converter 1 397,860.00 397,860.00
4 6.6/04KV unit substation L.S. 1 1,333,364.00 1,333,364.00
5 6.6KV medium voltage cable L.S. 1 1,044,382.00 1,044,382.00
6 LV cable L.S. 1 1,965,101.00 1,965,101.00
7 Fiber optic cable L.S. 1 164,117.00 164,117.00
8 Final DB L.S. 1 32,227.00 32,227.00
9 Photo cell, timer etc L.S. 1 298,397.00 298,397.00
10 Upvc ducts L.S. 1 155,166.00 155,166.00
11 Earthing L.S. 1 21,833.00 21,833.00
12 Light Fitting L.S. 1 408,480.00 408,480.00
Sub Total C (Electrical Works) 12,897,170.00
D Mechanical Works
Design, Supply, Installation, Testing &

Commissioning of Mechanical Services:-
1 Freshwater pedestal – Type 01 L.S. 1 28,253.00 28,253.00
2 Freshwater pedestal – Type 02 L.S. 1 217,947.00 217,947.00
3 Pumping out pedestal L.S. 1 310,763.00 310,763.00
4 Fire hydrant / pedestal L.S. 1 791,034.00 791,034.00
5 Fresh water pipe line – HDPE pipe L.S. 1 332,961.00 332,961.00
6 Pumping out pipe line – HDPE pipe L.S. 1 141,256.00 141,256.00
7 Fire hydrant pipe line – HDPE pipe L.S. 1 625,561.00 625,561.00
8 Isolation valves, air release valves, washouts L.S. 1 110,839.00 110,839.00
Sub Total D (Mechanical Works) 15,455,784.00
Total Amount (AED) Excluding VAT

(Sub Total A+B+C+D) 19,614,989.00
- Notes:
1. Invoices shall be submitted based on actual quantities approved by Contractor’s QA/QC.

2. Subcontractor shall consider the risk for fuel price escalation for the complete duration of
the works. Contractor will supply the fuel and will back charge to subcontractor at the
applicable published market rate.
SCHEDULE VII
Pro-formas
The following pro-formas are to be included in this Schedule:

Advance Payment Guarantee (cl. 20.1)
Performance Guarantee (cl 2.3) – Not used
Taking-Over Certificate (cl 14.2)
Final Account Statement (cl 16.6(b))

P.O. Box No. 3649
Abu Dhabi
United Arab Emirates
Subject: Advance Payment Guarantee No. Date:

Amount (AED)
Contract No.
Dear Sirs,
Whereas National Marine Dredging Company (hereinafter referred to as the “Employer”) has entered into an
agreement (the “Contract”) with _______________________ (hereinafter referred to as the “Contractor”) for
_______________________________________, and whereas you have agreed to make 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 (the Contractor), we _________
[Name of the Bank]______ having our address at P.O. Box ____________, __________, U.A.E. hereby
irrevocably and unconditionally covenant and agree as primary obligator as follows:
(1) We undertake to pay to you the said amount or part thereof at your first written demand to us, 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, without warning or any
restriction or condition and without recourse and notwithstanding any objection from the Contractor.
(2) We further agree that any payment made hereunder shall be made free and clear of and without
deductions for or account of any present or future taxes, levies, imposts, duties, charges, fees,
deductions or withholdings of any nature whatsoever and by whomsoever imposed.
(3) We agree that any changes, modifications, additions or amendments which may be made to the
Contract, or in the work to be performed thereunder, or in the payments made on account thereof,
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 continuing liability hereunder, and we hereby expressly waive notice to us
of any such changes, modifications, additions, amendments, extensions or forbearance.
(4) As and when the advance payment is recovered against progress payments made by you to the
Contractor, then this Bank Guarantee shall automatically stand reduced to the extent of such recovery.
(5) This Bank Guarantee shall become effective upon transfer of amount AED XYZ, quoting our bank
guarantee ref. No________ under advice to us stating the value, date and this Bank Guarantee no.,
which shall remain valid until such time you inform us that it is cancelled or ______(state expiry
date)______ or until the date when advance payment is fully recovered by you against progress
payment (or payment certificate issued to the Contractor) or the date when the Bank Guarantee is
returned to us (along with your letter of discharge if returned before _________(state expiry
date)______, whichever is earlier, where any of these sates is referred as the “Expiry Date”.
(6) Any demand under this Bank Guarantee must be in writing, signed by your authorized signatory, along
with the original Bank Guarantee and amendment, if any, and should be received at our counters at
_____ [address] ______ on or prior to the Expiry Date.
(7) We have been informed that you may require the Contractor to extend this Bank Guarantee if the
advance payment has not been recovered by you prior to the Expiry Date. We undertake to pay such
Bank Guarantee amount upon receipt by us, within a period of 28 days before its expiry, or your
demand in writing and your written statement that the advance payment has not been recovered and
that this Bank Guarantee has not been extended.
(8) On its expiry, this Bank Guarantee shall be considered null and void, irrespective whether its original
along with its amendment(s), if any, is returned to us for cancelation or not.
(9) Notwithstanding anything herein stated above, we shall be released of all obligations under this Bank
Guarantee once its original is returned at our counters.
(10) This Bank Guarantee shall be governed by and interpreted under the laws of Abu Dhabi and the
U.A.E.
Yours faithfully,
_________________________
Authorized Signature and Stamp of Bank

P.O. Box No. 3649
Abu Dhabi
Subject: Performance Guarantee No. Date:

Amount (AED)
Contract No.
Dear Sirs,
Whereas National Marine Dredging Company (hereinafter referred to as the “Employer”) has entered into an
agreement (the “Contract”) with _______________________ (hereinafter referred to as the “Contractor”) for
________________________________________________________, and whereas the contractor shall be
required under the Contract to procure a Performance Guarantee issued by a bank in favour of the Employer in
support of the due and proper performance of the obligations undertaken by the Contractor in respect of the above
- mentioned Contract.
Therefore, in consideration of the above, we ____________ [Name of the Bank] __________ having our address at
P.O. Box ____________, ______, 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 the Employer a sum (or sums when aggregated) not exceeding ___( Figures) (Letters)_____ or any lesser
sum specified by the Employer upon receipt of the Employer’s written request addressed to us in writing , signed by
your authorized signatory, along with the original Performance Guarantee and amendment, if any, which should be
received at _____[address]______ on or prior to the Expiry Date, in the event that the Contractor fails to perform
or fulfill any of his obligations set forth in the Contract, by transfer to an account in the Employer’s name at such
bank in Abu Dhabi as the Employer shall stipulate. Such written request shall be conclusively binding on is for all
purposes under this Performance Guarantee.
We agree that any changes, modifications, additions or amendments which may be made to the Contract, or in the
work to be performed thereunder, or in the payments to be made on account thereof, 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 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.
This Performance Guarantee shall come into force on the date of its issuance and shall continue to be valid until
______________ (state a date) _________ or until the date when the Defects Notification Period comes to its end
or the date when the original of this Performance Guarantee is returned to us (along with your letter of discharge if
returned before ________ (state a date) ________ whichever is earlier, any of these dates is referred as the (Expiry
Date)..
We have been informed that you may require the Contractor to extend this Performance Guarantee if the Defects
Notification Period is not over. We undertake to pay such Performance Guarantee amount upon receipt by us, within
such a period of 28 days before the Expiry Date, or your demand in writing and your written statement that the
Defects Notification Period is not yet over and that this Performance Guarantee has not been extended.
On its expiry, this Performance Guarantee shall be considered null and void, irrespective whether its original along
with its amendment (s), if any, is returned to us for cancellation or not.
Notwithstanding anything herein stated above, we shall be released of all obligations under this Performance
Guarantee once its original is returned at our counters.
This Performance Guarantee shall be governed by and interpreted under the laws of Abu Dhabi and the U.A.E.
Yours faithfully,
________________________
Authorized Signature and Stamp of Bank
NATIONAL MARINE DREDGING SUBCONTRACT NO.

COMPANY DATE
REVISION NO.
TAKING-OVER / FINAL
CERTIFICATE PAGE NO. Page 49 of 56
Project Name: Project No:
Contract Title: Contract No:
Contractor Date:
Name:
PART - I
Description of Works
PART - II
We hereby certify that the above Works have been completed and ready for taking over in accordance with Sub
Clause XXXXX [Taking-Over Certificate] of the General Conditions of Contract with effect from:
DATE/MONTH/YEAR
In accordance with Sub Clause XXXXX (Defects Notification Period) of the Appendix to Conditions of Contract, the
“Defects Notification Period” for the works shall be XXXXX days starting: COMMENCING 1 DAY FROM DATE
GIVEN IN PART II DATE/MONTH/YEAR
Except for those items enumerated in Appendix 1 to this Certificate, and are now handed over to the Employer,
subject to the provisions regarding the Remedying of Defects contained in the Contract Sub Clause XXXXX
[Remedying Defects].
For and on behalf of the Employer, M/s National Marine Dredging Company
By: Date: DAY/DATE/MONTH
Title:
By: Name Date: DAY/DATE/MONTH
Title: Chief Executive Officer
APPENDIX 1
Project Name:
Contract Title: Contract

No:
Contractor Date: DAY/DATE/MONTH

Name:
Exceptions to Completion
SUBCONTRACT NO.:
NATIONAL MARINE DREDGING COMPANY DATE :
REVISION NO. :
SUBCONTRACT STATEMENT OF FINAL
ACCOUNT PAGE : 1 OF 7
Contractor : National Marine Dredging Company (the "Contractor")

P.O Box
3649
Abu Dhabi
Subcontractor : [to be inserted] (the Subcontractor)

[address to be inserted]
Subcontract reference : [insert reference] (the Subcontract)

Subcontract date : [insert date]
Subcontract Works : [insert description]
Amount (AED)
(A) Total Subcontract Work (See attached Summary) XXX
(B) Variations / Additional Works (See attached Summary)
Additions XXX
Omissions XXX
(C) Claims / Others (See attached Summary) XXX
=> A+B+C Total Final Gross Value XXX
Advanced Payment Paid xxx

Advanced Payment Recovered xxx
Retention Taken xxx

Retention Released xxx
Less
Discounts xxx
Contra-Charges (See attached Summary) XXX
Total Final Nett Value XXX
Less Previous Payments (Cumulative Total Nett Payment) XXX

* Refer to 'Summary of Payments' (page 7)
Final amount due in Full and Final Settlement* XXX

(including any retentions)
* The final amount due shall be realsed in accordance with the terms and conditions of the Subcontract.
Relea
se /
Amount Return
Bonds & Guarantees (if applicable) Type (AED) Custodian Date
Advanced Payment Bond
Performance Bond
Retention Bond
It is hereby accepted and agreed that nothing contained within this Statement of Final Account shall prejudice the
Contractor of its rights under the Subcontract or under the law and shall not relieve the Subcontractor of its obligations
under the Subcontract.
The Subcontractor, for and in consideration of the receipt of the sum shown above, by the Subcontractor from the
Contractor, representing the Final Amount Due in Full and Final Settlement, hereby releases and foverver discharges the
Contractor, its successors and assignees from all claims whatsoever in any manner arising out of, or related to, the
Subcontract.
I/we the undersigned, on behalf of the Subcontractor, hereby agree with the above:
Signed
Name
Designation
Date
Company Stamp
For NMDC Internal Purposes Only

Approved Recommended Recommended
Project Director Project Contracts Manager
Manager
SCHEDULE VIII
Project Document Deliverables and QHSE Guidelines
Subcontractor shall be responsible for the production and submittal of all deliverables necessary
for the execution of the Works.
All deliverables produced on the project shall be in strict accordance with the Subcontract
Agreement and any applicable Government Authority. In the event of a conflict between the
requirements, Subcontractor shall notify NMDC of such conflict and request direction on the
appropriate option to proceed.
Subcontractor shall be required to submit each project document deliverable in the following
formats:
1. One (1) original in appropriate size (e.g. A1 for drawings, A3 for sketches, A4 for
procedures, method statements, etc).
2. One (1) Adobe PDF file created from source using Adobe PDF Professional (i.e. not
physically scanned by optical scanner) with full text recognition capabilities.
3. One (1) native file in its original format (i.e autocad file, ms word, survey raw data, etc..)
A. Baseline Schedule
Subcontractor shall, within seven (7) Calendar Days after the Commencement Date,
submit to NMDC, for its Approval, a schedule for the Works together with a detailed
narrative report describing the Contractor’s plan for performing the Works.
The Subcontractor shall develop and maintain, as required from time to time, including
when directed by NMDC, recovery schedules and time impact analyses
The Subcontractor shall submit in hard copy and its native electronic format, a weekly and
monthly updated schedule that accurately reflects all Works performed and the plan for
completing the Works. In providing this update the Subcontractor shall not adjust the Time
for Completion for the Works or Section unless expressly permitted in accordance with the
Contract. The most current updated schedule shall be used by Subcontractor, in
conjunction with other means, for planning, organizing, and directing the Works
B. Progress Reports
Daily Construction Reports
Subcontractor shall submit a Daily Construction Status Report before 10:00h on the
following Business Day that shall include but not be limited to details of
- Equipment use at site
Subcontractor shall submit a Daily Construction Status Report before 10:00h on the
following Business Day that shall include but not be limited to details of
- Equipment use at site

- Manpower details
- HSE incident/accident
- Description of Works performed
- Listing of Quality Testing/inspection performed
- Description of any special events / delay downtime
Weekly/Monthly Progress Reports
Subcontractor shall submit a Weekly/Monthly Construction Status Report before 10:00hr

on the following Business Day after the end of each period.
The report shall show all Subcontractor’s Personnel, Equipment, and Goods together with
all Subcontractor’s supervision required to manage the elements of the Works shown and
details not limited to the following
- Summary of contract status

- Status of activities in progress
- Status of any variation to schedule
- Areas of concerned/planned actions, Issues and concerns
- HSE statistics
- QAQC
- Procurement status
- Document Submittals status
- Cashflow projection
- Progress curves, chart, histogram, etc..
- Progress drawing
C. QHSE and Construction Document deliverables
Subcontractor shall submit related documents in proper format stated above.

Deliverables shall include but not limited to the following:
- List of deliverables with plan date of submission

- Organizational Chart
- Project Quality Plan
- HSE Plan
- Method Statement and Risk Assessment for each element of works
- Quality Control Procedures and Inspection Test Plan (ITP) for each element of works
- Material Approval Request (All materials to be incorporated in the works, i.e mixed
design, concrete constituents, rocks, geotextile, beach sand, navigational aid, etc..)
- Shop drawings
- Pre-construction, progressive and post-construction topographic and bathymetric
survey
- Inspection/Test Reports
- As-Built drawings
- Project Close out report
Subcontractor shall ensure contents of approved documents are communicated clearly

and effectively to all personnel executing the work. Related approved documents shall
be available at each work location and utilized during toolbox talks and briefings.
D. Inspection Testing and Handover
Subcontractor shall be responsible for all testing and inspection activities required,
including, but not limited to, the following:
• Identification of vendor and Contract requirements for testing and inspection of each
element of Plant and Materials, including but not limited to Factory Acceptance Tests
(FATs} and Site Acceptance Tests (SATs). All equipment shall have FAT certificates
prior to delivery to Site. Subcontractor is also responsible to ensure that as part of
the project, all required equipment are supplied for factory acceptance testing,
demonstrating the full function of the system.
• Provision of all testing equipment required, including supply of valid calibration
documentation prior to mobilization.
• Subcontracting any third party inspection services if required.
• Performance of all testing including but not limited to FATs to ensure that all
purchased and fabricated Plant and Materials are in accordance with the Contract
and vendor requirements.
• Submission to Contractor of test and inspection reports within forty-eight (48) hours
of completion of the test performed.
Subcontractor shall be responsible for carrying out all inspection and testing activities
required to demonstrate that all of the Works is fully compliant with the requirements of
the Contract and shall include but not be limited to:
- Quality Audits to confirm compliance to Agreement and approved plan and procedures
- Material Testing
- Visual Inspection
- Surveying
- Development of As-built drawing
All material testing conducted shall be performed by testing laboratory approved by

NMDC, all at the Subcontractor’s cost. Subcontractor shall be responsible for ensuring
all inspection and testing activities are documented and controlled.
NMDC representative shall at all reasonable times have full access to all parts of Site
and all places from which natural materials are being obtained during production,
manufacture and construction (at the Site and elsewhere), be entitled to examine,
inspect, measure and test the materials and workmanship, and to check the progress of
works.
Subcontractor shall give NMDC’s Personnel full opportunity to carry out these activities,
including providing access, facilities, permissions and safety equipment. No such activity
shall relieve the Subcontractor from any obligation or responsibility. The Subcontractor
shall give minimum 24 hour notice to NMDC representative whenever any work is ready
and before it is covered up, put out of sight, or packaged for storage or transport. NMDC
representative shall then either carry out the examination, inspection, measurement or
testing without unreasonable delay, or promptly give notice to the Subcontractor that it
does not require to do so. If the Subcontractor fails to give the notice, he shall, if and
when required by NMDC, uncover the work and thereafter reinstate and make good, all
at the Subcontractor’s cost.
All inspections shall be recorded on Inspection format approved by NMDC along with
related documents supporting the inspection reports.
Upon completion of works all documents stated above along with all correspondence and
project close-out report shall be handed over to NMDC along with electronic copy in
proper index and labelling.

Design & Build MEP and Civil Works For New Jetty at Sir Baniyas Island

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Design & Build MEP and Civil Works For New Jetty at Sir Baniyas Island

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DESIGN & BUILD MEP AND CIVIL WORKS

Client NATIONAL MARINE DREDGING COMPANY

1. Project Scope Of Work

Brief Scope of Works:

;Water Supply Network , Firewater Network ; Sewage Pumping -out Network ;

Location : Abu Dhabi, UAE

• Excavation and backfilling.

Contractual Milestones 212 12-Sep-22 11-Apr-23 11-Apr-23, Contractual Milestones

Engineering 57 12-Sep-22 17-Nov-22 17-Nov-22, Engineering

Miscellaneous Deliverables 20 12-Sep-22 05-Oct-22 05-Oct-22, Miscellaneous Deliverables

Order & Manufacturing 27 25-Oct-22 25-Nov-22 25-Nov-22, Order & Manufacturing

Civil 121 25-Oct-22 15-Mar-23 15-Mar-23, Civil

Mechanical 14 09-Mar-23 25-Mar-23 25-Mar-23, Mechanical

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

APPENDIX TO THE SUBCONTRACT AGREEMENT

Item Sub-Clause Data

Advance Payment 20.1 10 % of Subcontract Price upon

Date : 21 September 2022

Enervo Contracting & General Your Reference :

Attention : Mr. Ahmed Mostafa Tefesh

Subject : Signed Subcontract Agreement No. NMDC/2022/10178/SCA/007-ENERVO

Please find enclosed signed copy of Subcontract Agreement No. NMDC/2022/10178/SCA/007-ENERVO

This is for your information and record.

For and on behalf of

Encl. As stated above

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

NATIONAL MARINE DREDGING COMPANY

Name of Subcontractor ENERVO CONTRACTING & GENERAL MAINTENANCE L.L.C.

10178 - SIR BANIYAS ISLAND HILL AND MARINA PROJECT

Subcontract Agreement for

Design and Build of MEP Services at Jetty in Sir Baniyas Island

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

SCHEDULE I PARTICULARS OF THE MAIN CONTRACT

SCHEDULE II FACILITIES TO BE PROVIDED BY THE CONTRACTOR

SCHEDULE III INSURANCE AND BONDING

SCHEDULE IV WORKS SCHEDULE FOR THE MAIN CONTRACT

SCHEDULE V DESCRIPTION OF SUBCONTRACT WORKS AND SUBCONTRACT

SCHEDULE VI BILL OF QUANTITIES

SCHEDULE VII PRO-FORMAS

SCHEDULE VIII PROJECT DOCUMENT DELIVERABLES AND QHSE GUIDELINES

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

NOW IT IS HEREBY AGREED AS FOLLOWS:

(a) This Subcontract Agreement;

3. In consideration of the payments to be made by the Contractor to the Subcontractor as hereinafter

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

SIGNED for and on behalf of

Yasser Nassr Zaghloul

SIGNED for and on behalf of

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

APPENDIX TO THE SUBCONTRACT AGREEMENT

Item Sub-Clause Data

Advance Payment 20.1 10 % of Subcontract Price upon

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

Definitions and Interpretation .. .. .. 10-13

General Obligations .. .. .. .. .. 13-15

2.1 Subcontractor’s General Responsibilities

Main Contract .. .. .. .. .. . 15-16

4.1 Subcontractor’s Knowledge of Main Contract

Temporary Works, Contractor’s

Subcontract No.: NMDC/2022/10178/SCA/007/ENERVO

5.1 Use of Temporary Works by Subcontractor

Site Working and Access .. .. .. .. 16