DIVISION 00 – PROCUREMENT AND CONTRACTING

REQUIREMENTS

00 01 01 Project Title Page Includes: project name and other general information

Project Name

Project Information

Project : Bank Branch

Project Name : HTS Bank , October city , Giza Government
Project code : xxxxxx
Unit used : Metric format
Total Area : 46 m x 60 m
Footprint : 35m x 27 m

00 01 03 Project Directory
Includes: documents to identify team members and their contact information.

Team Members
HTC CONSALTANT COMPANY

HTC CONSALTANT

01200000000 / 0110000000000

http/:Linked.e.g.og

020000000000
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 01 05 Certifications Page

Certified Construction Contract Administrator (CCCA): This certification is recommended for architects,
engineers, contractors, facility managers, owners, and other design professionals with responsibility for
administering contract documents .

Certified Construction Specifier (CCS): This certification is recommended for architects, engineers, and
other design professionals with responsibility for preparing construction specifications.
CCS candidates are expected to demonstrate their knowledge and understanding of contractual
relationships, construction document organization, and document preparation .

00 01 07 Seals Page

seal stamp is a tool used to create an

impression on a surface, usually paper, to
indicate authenticity or ownership. Seal
stamps are often used for legal documents,
certificates, and other important papers.
They can be made of various materials
such as rubber, wood, or metal.
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 Table of Contents
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00 01 10 List of Drawing Sheets

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00 11 00 Advertisements and Invitations

ADVERTISEMENT FOR BIDS :

1. On-line Bids for : HTS Bank , October city , Giza Government

2. Received By : On-line bids will be received electronically through QuestCDN . Preliminary bid
results will be posted on QuestCDN within an hour after the bid opening.

3. Bid Opening Time and Date: On-line bids will be received electronically through QuestCDN at
2:00 p.m., local time, on March 19, 2024, at which time the bids will be opened, reviewed and
accepted. Preliminary bid results will be posted on QuestCDN within an hour after the bid
opening.

4. Pre-Bid Meeting : A Pre-Bid Meeting will be held at 10:00 a.m., Tuesday, march 10, 2023, in
cairo .

5. Preparer of the Bidding Documents: HTS Bidding Documents as prepared by the Project
Architect/Engineer of Record, ABC Architects, Inc.

00 20 00 Instructions for Procurement

00 21 00 Instructions
Attachment C: On page 3, Delete E. Attachment C – Equal Pay Certificate of Compliance or
Exemption, if the anticipated cost for construction in less than $500k. Relabel following items.
Attachment F On page 5, delete Attachment F: Prime Contractor Statement of Qualifications, if it is
not approved for use on this Project and relabel the next item.

BID SUBMITTAL CERTIFICATION FORM:

.1. Project Name: HTS BANK
.2. Time of Completion: November 30, 2024
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 23 00 Procurement Definitions

Definitions
a) “Bid” refers to the Bidder’s response to the Invitation to Bid, including the Bid Submission Form,
Technical Bid and Price Schedule and all other documentation attached thereto as required by the
ITB.
b) “Bidder” refers to any legal entity that may submit, or has submitted, a Bid for the supply of goods
and provision of related services requested by UNDP.
c) “Contract” refers to the legal instrument that will be signed by and between the UNDP and the
successful Bidder, all the attached documents thereto, including the General Terms and Conditions
(GTC) and the Appendices.
d) “Country” refers to the country indicated in the Data Sheet.
e) “Data Sheet” refers to such part of the Instructions to Bidders used to reflect conditions of the
tendering process that are specific for the requirements of the ITB.
f) “Day” refers to calendar day.
g) “Goods” refer to any tangible product, commodity, article, material, wares, equipment, assets or
merchandise that UNDP requires under this ITB.
h) “Government” refers to the Government of the country where the goods and related services
provided/rendered specified under the Contract will be delivered or undertaken.
i) “Instructions to Bidders” refers to the complete set of documents which provides Bidders with all
information needed and procedures to be followed in the course of preparing their Bid
j) “ITB” refers to the Invitation to Bid consisting of instructions and references prepared by UNDP for
purposes of selecting the best supplier or service provider to fulfil the requirement indicated in the
Schedule of Requirements and Technical Specifications.
k) “LOI” (Section 1 of the ITB) refers to the Letter of Invitation sent by UNDP to Bidders.
l) “Material Deviation” refers to any contents or characteristics of the bid that is significantly different
from an essential aspect or requirement of the ITB, and (i) substantially alters the scope and quality of
the requirements; (ii) limits the rights of UNDP and/or the obligations of the offeror; and (iii) adversely
impacts the fairness and principles of the procurement process, such as those that compromise the
competitive position of other offerors.
m) “Schedule of Requirements and Technical Specifications” refers to the document included in this
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 23 00 Procurement Definitions

Definitions
m) “Schedule of Requirements and Technical Specifications” refers to the document included in this
ITB as Section 3 which lists the goods required by UNDP, their specifications, the related services,
activities, tasks to be performed, and other information pertinent to UNDP’s receipt and acceptance
of the goods
n) “Services” refers to the entire scope of tasks related or ancillary to the completion or delivery of
the goods required by UNDP under the ITB.
o) “Supplemental Information to the ITB” refers to a written communication issued by UNDP to
prospective Bidders containing clarifications, responses to queries received from prospective Bidders,
or changes to be made in the ITB, at any time after the release of the ITB but before the deadline for
the submission of Bid.
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 72 00 General Conditions

1. UNDP hereby solicits Bids as a response to this Invitation to Bid (ITB). Bidders must strictly adhere
to all the requirements of this ITB. No changes, substitutions or other alterations to the rules and
provisions stipulated in this ITB may be made or assumed unless it is instructed or approved in
writing by UNDP in the form of Supplemental Information to the ITB.
2. Submission of a Bid shall be deemed as an acknowledgement by the Bidder that all obligations
stipulated by this ITB will be met and, unless specified otherwise, the Bidder has read, understood
and agreed to all the instructions in this ITB.
3. Any Bid submitted will be regarded as an offer by the Bidder and does not constitute or imply the
acceptance of any Bid by UNDP. UNDP is under no obligation to award a contract to any Bidder as
a result of this ITB.
4. UNDP implements a policy of zero tolerance on proscribed practices, including fraud, corruption,
collusion, unethical practices, and obstruction. UNDP is committed to preventing, identifying and
addressing all acts of fraud and corrupt practices against UNDP as well as third parties involved in
UNDP activities.
5. In responding to this ITB, UNDP requires all Bidders to conduct themselves in a professional,
objective and impartial manner, and they must at all times hold UNDP’s interests paramount.
Bidders must strictly avoid conflicts with other assignments or their own interests, and act without
consideration for future work. All Bidders found to have a conflict of interest shall be disqualified.
Without limitation on the generality of the above, Bidders, and any of their affiliates, shall be
considered to have a conflict of interest with one or more parties in this solicitation process, if
they:
5.1 Are, or have been associated in the past, with a firm or any of its affiliates which have been
engaged UNDP to provide services for the preparation of the design, Schedule of Requirements and
Technical Specifications, cost analysis/estimation, and other documents to be used for the
procurement of the goods and related services in this selection process;
5.2 Were involved in the preparation and/or design of the programme/project related to the goods
and related services requested under this ITB; or
DIVISION 00 – PROCUREMENT AND CONTRACTING
REQUIREMENTS

00 72 00 General Conditions

5.3 Are found to be in conflict for any other reason, as may be established by, or at the discretion of,
UNDP. In the event of any uncertainty in the interpretation of what is potentially a conflict of interest,
Bidders must disclose the condition to UNDP and seek UNDP’s confirmation on whether or not such
conflict exists.
6. Similarly, the following must be disclosed in the Bid:
6.1 Bidders who are owners, part-owners, officers, directors, controlling shareholders, or key
personnel who are family of UNDP staff involved in the procurement functions and/or the
Government of the country or any Implementing Partner receiving the goods and related services
under this ITB; and
6.4 Others that could potentially lead to actual or perceived conflict of interest, collusion or unfair
competition practices. Failure of such disclosure may result in the rejection of the Bid.
7. The eligibility of Bidders that are wholly or partly owned by the Government shall be subject to
UNDP’s further evaluation and review of various factors such as being registered as an independent
entity, the extent of Government ownership/share, receipt of subsidies, mandate, access to
information in relation to this ITB, and others that may lead to undue advantage against other Bidders,
and the eventual rejection of the Bid.
8.All Bidders must adhere to the UNDP Supplier Code of Conduct,
 SCHEDULE 1: CONTRACT AGREEMENT

Employer---------- Contractor-------------
 CONTRACT AGREEMENT

THIS AGREEMENT is made on --- October 2023.

BETWEEN
(1) HTS Company a company registered in Egypt under the Egyptian laws (“Employer”), and

(2) El-Shamy Development a company with Commercial Registration, incorporated in Egypt

("Contractor").
Recital:
WHEREAS;
A HTS Company,
(“Employer”) is developing a Project HTS Bank located in 6 October City , Egypt (the
"Project"),
B El-Shamy Development, is a specialised contractor with the experience and capability to
perform the Works needed for the Project,
C The Employer wishes to appoint the Contractor to execute and complete the Works and
remedy any defects therein, which constitute part of the Project and which will (i) form an
integral component of the operation of various activities on the Project and (ii) will interface
with other works required for the operation of various activities on the Project,
D The Contractor has represented to the Employer that it has the expertise, licenses and
resources to execute the Works and has agreed to undertake the Works in accordance with this
Contract,
E In reliance on the Contractor's representations, the Employer has entered into the Contract, and
F This Agreement with Conditions of the Contract set out the terms and conditions upon which
the Contractor will undertake the Works.

THIS CONTRACT:
1. The Employer agrees to pay the Contractor the Contract Price in consideration for the
Contractor executing and completing the Works and remedying all defects in accordance with
this agreement.

Project: HTS BANK Page 1 of 3

Employer: ---------------- Contractor: ----------------
2. In this agreement words and expressions will have the same meanings as are respectively
assigned to them in the General Conditions of the Contract.

3. The following documents are deemed to form and be read and construed as part of this
agreement:
3.1 This Agreement;
3.2 The Particular Conditions of Contract including the Appendices to
Agreement;
3.3 The General Conditions of Contract are as per the FIDIC (Federation
Internationale des Ingenieurs-Conseils) First Edition 1999;
3.4 The Drawings;
3.5 The Specification; and
3.6 Bill of Quantities.

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

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy any defects therein, in conformity with the
provisions of the Contract.

5. The Contract Price is ------------ EGP [---------------------------------------------------------

----------------------------------------------------- Egyptian Pounds] which shall include all
applicable taxes, social insurance, customs, income Tax, Withholding Tax, and any
other charges that are imposed by the authority from time to time. The Contract Price
does not include VAT.

6. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works, which includes but not limited to
[Mechanical Electrical and Plumbing Works] all as per the Contract Documents
and the remedying of defects therein, the Contract Price at the times and in the manner
prescribed by the Contract.

Project: HTS BANK Page 2 of 3

Employer: ---------------- Contractor: ----------------
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed by their
respective duly authorized representatives as of the effective date first written above:

For and on behalf of the Employer; For and on behalf of the Contractor;
Name: Name:
Title: Title:
Signature: Signature:
Stamp: Stamp:

Project: HTS BANK Page 3 of 3

Employer: ---------------- Contractor: ----------------
SCHEDULE 2: PARTICULAR CONDITIONS OF THE CONTRACT

Employer---------- Contractor-------------
Particular Conditions

1.1.2 Parties and Persons

Add the following definition:

1.1.2.4 "Engineer" means the person or persons appointed by the Employer in

accordance with Appendix (A) to Agreement, for the purposes of the
Contract as delegated and authorized by the Engineer in accordance
with Sub-Clause 3.2, or other person or persons appointed from time to
time by the Employer and notified to the Contractor.

1.1.4.2 "Contract Price" means the accepted contract amount on date of signing
the Contract Agreement.

1.1.3 Dates, Tests, Periods and Completion

Add the following definitions:

1.1.3.10 “Delay” means any event or series of events that impact(s) the Time
for Completion.”

1.1.3.11 “Time Impact Analysis” means an analysis on the Programme to

substantiate the Contractor's claim for extension of Time for
Completion in accordance with Sub-Clause 20.1.”

1.1.4 Money and Payments

Replace as follows:

1.1.4.3 "Cost" means all expenditure properly incurred, whether on or off the
Site, including overhead and other charges properly allocable thereto
but does not include any allowance for profit or loss of profit.”

1.1.6 Other Definitions

Add the following definitions:

1.1.6.10 “Project” means the Sea Shell Hotel Project.

1.1.6.11 “Fines” means a sum payable to the Employer by the Contractor in

respect of any failure to comply with, implement, impose or for any
breach of any of the health and safety or environment protection
rules, codes, policies, procedures, regulations and requirements as
defined in Sub-Clause 4.8 [Safety Procedures] and Sub-Clause 4.18
[Protection of the Environment] of Appendix (A) to Agreement.

Project: HTS BANK Page 1 of 14

Employer: --------------------- Contractor: ---------------------
 1.5 Priority of Documents

Add the following at the end of the first sentence:

“and a requirement in one is binding as though occurring in all.”

Delete the second paragraph and replace with the following:

" (a) The Agreement;

(b) The Particular Conditions of Contract including the Appendices to Agreement;

(c) The General Conditions of Contract are as per the FIDIC (Federation
Internationale des Ingenieurs-Conseils) First Edition 1999;

(d) The Drawings;

(e) The Specification; and

(f) Bill of Quantities."

Replace the last sentence of this Sub-Clause with the following:

“If an ambiguity, conflict, error or discrepancy is found in the documents, the

Contractor shall raise such matters to the Contract Management Engineer for
determination. Failure of the Contractor to raise such matters to the Employer within
seven days from signing of the Contract Agreement shall constitute a waiver of the
Contractor’s right to request any increase to the Contract Price and/or an extension to
the Time for Completion in relation to the ambiguity, conflict, error or discrepancy in
question, and the Employer shall be discharged from all liability in connection with any claim
in that regard.”

1.6 Contract Agreement

Delete the last sentence of this Clause.

1.7 Assignment
Replace this Sub-Clause with the following:

“The Contractor shall not assign the whole or any part of the Contract or any benefit
or interest in or under the Contract to any party without the Employer’s prior written
consent.”

1.8 Care and Supply of Documents

Replace the last sentence of this Sub-Clause with the following:

Project: HTS BANK Page 2 of 14

Employer: --------------------- Contractor: ---------------------
“If the Contractor becomes aware of an error or defect of a technical nature in a
document which was prepared for use in executing the Works, then the provisions of
Sub-Clause 1.5 shall apply.”

1.12 Confidential Details

Replace this Sub-Clause with the following:

“Save for information that is necessary for the Contractor’s completion of the Works
and compliance with the Contract, the Contractor shall not disclose to third parties
information pertaining to the Contract without the prior written consent of the
Employer. Any information released by the contractor which adversely affects the
Employer shall entitle the Employer to claim for resulting damages.”

2.3 Employer’s Personnel

Delete this Sub-Clause in its entirety.

2.4 Employer’s Financial Arrangements

Delete this Sub-Clause in its entirety.

2.5 Employer’s Claims

Replace this Sub-Clause with the following:

If the Employer considers himself to be entitled to any payment under any Clause of
these Conditions or otherwise in connection with the Contract, and/or to any
extension of the Defects Notification Period, the Employer shall then be entitled to
set off against, or make any deduction from, an amount certified in a Payment
Certificate, extend the Defects Notification Period by giving notice to the Contractor
or to otherwise claim against the Contractor. If such an amount in a Payment
Certificate is not sufficient to cover the Employer’s due payments, then the balance
shall be deducted from any letters of guarantees in the Employer’s possession and
by giving notice to the Contractor extend the Defects Notification Period.

3.2 Delegation by the Engineer

Add in the second sentence of the first paragraph after the word "Engineer" the
following:

"and/or independent Consultant appointed to inspect the Works and review the
technical submittals"

3.3 Instructions of the Engineer

In sub-paragraph (c), replace “two working days” with “seven working days”.

Project: HTS BANK Page 3 of 14

Employer: --------------------- Contractor: ---------------------
 3.4 Replacement of the Engineer

Delete the second sentence of this Sub-Clause

4.2 Performance Security

At the end of the second paragraph, add:

“Receipt by the Employer of the Performance Security is a prerequisite for the

Employer’s processing of the Contractor’s Interim Payment Applications.”

In the second line of paragraph (b), replace “determined” with “set off by the
Employer.”

4.6 Co-operation

Replace this Sub-Clause in its entirety with the following:

(a) The Contractor shall allow opportunities for carrying out work to:

i. the Employer's Personnel (and their respective labour,

employees and agents);

ii. any other contractors or consultants employed by the

Employer; and

iii. the personnel of any Authority, who may be employed in the

execution on or near the Site of any work not included in the
Contract.

(b) Services for these personnel and other contractors may include the use
of Contractor's Equipment, Temporary Works or access
arrangements, which are the responsibility of the Contractor.

(c) The Contractor shall perform its Works in line with the responsibility
matrix that the Contract Management Engineer shall issue from time
to time, and Contractor shall be responsible for its construction
activities on the Site, and for coordinating and interfacing its own
activities and the execution of the Works with the activities and/or
works of those parties listed in Sub-Clause 4.6(a).

(d) Provided that in the event that the Contractor and the persons listed in
Sub-Clause 4.6(a) cannot, by all reasonable means, reach agreement
on coordinating these activities and/or Works, the Engineer shall be
entitled to instruct the Contractor as to the action needed for of
such activities and the Contractor shall not be entitled to any
additional costs or extension of time in order to comply with such
instruction.

Project: HTS BANK Page 4 of 14

Employer: --------------------- Contractor: ---------------------
 (e) The Contractor shall indemnify the Employer against any claims of the
persons listed in Sub-Clause 4.6(a) for any Costs incurred as a result of
the Contractor's acts or omissions and/or its failure to comply with
its obligations under this Sub-Clause 4.6 or any other Clauses of this this
Contract.

(f) Contractor acknowledges and agreed that the Employer shall not be
liable for any delay that may arise from the Contractor's failure to
coordinate its Works with others on Site.
(g) The Contract Price includes that the Contractor shall strictly abide by
and perform all its tasks in accordance – and compliance – with the
Contract Documents.

4.8 Safety Procedures

Delete from sub-clause 4.8(d) the word “fencing”

Delete from sub-clause 4.8(e) the words “roadways, footways” and “fences”

Add the following at the end of this Sub-Clause:

“The Engineer may also impose Fines on the Contractor to the amounts stated in the
Appendix (A) to Agreement in respect of any failure to comply with, implement,
impose or for any breach of any of the applicable health and safety rules,
codes, policies, procedures, regulations and requirements within the contractor's
performance of his work. Any such Fines will be notified to the Contractor by the
Engineer, detailing the failure or breach, and may be deducted from any Payment
Certificate issued under the Contract, in cases where rectification is possible, the
engineer may give a notice to the contractor with a reasonable time for
rectification.”
4.12 Unforeseeable Physical Conditions

In the second paragraph, replace “as soon as practicable” with the following:

“within 7 days from the Contractor’s encounter of such physical conditions. Failure
of the Contractor to provide the notice within the prescribed period in this Sub-
Clause shall constitute a waiver on the part of the Contractor from claiming any
increase to the Contract Price and extension of Time for Completion, and the Employer
shall be discharged from all liability in connection with any claim in that regard.”

In the fourth paragraph, 2nd line, insert “within the prescribed period” after “gives
such a notice”.

4.14 Avoidance of Interference

Add the following at the end of this Sub-Clause:

“Works coordination with others on Site is the liability of the Contractor. In the event
any such unnecessary or improper interference or mis-coordination resulting in
additional Costs payment or adverse impact on the Time for Completion, then

Project: HTS BANK Page 5 of 14

Employer: --------------------- Contractor: ---------------------
such Costs shall be borne by the Contractor and the Contractor shall take the
necessary measures, at his expense, to recover the lost time and meet the Time for
Completion.”

4.18 Protection of the Environment

Add the following at the end of this Sub-Clause:

“The Engineer may also impose Fines on the Contractor in the amounts stated in the
Appendix (A) to Agreement in respect of any failure to comply with, implement,
impose or for any breach of the environmental protection rules, codes, policies,
procedures, regulations and requirements. Any such Fines will be notified to the
Contractor by the Engineer, detailing the failure or breach and may be
deducted, from any Payment Certificate, in cases where rectification is possible,
the engineer may give a notice to the contractor with a reasonable time for
rectification.”

4.20 Employer’s Equipment and Free-Issue Material

Replace the second paragraph with the following:

“When applicable, the appropriate quantities and the amounts due (at such stated
prices) for the use of Employer’s Equipment shall be agreed or, failing agreement,
deducted or set off by the Employer in accordance with Sub-Clause 2.5
[Employer’s Claims] or determined by the Contr ac t Ma nagem ent Engineer in
accordance with Sub-Clause 3.5 [Determinations]. The Contractor shall pay these
amounts to the Employer.”

Replace the penultimate and last paragraph in this Sub-Clause with the following:

"The Employer shall provide the Contractor with the free issue materials stated in the
Appendix (A) to Agreement or as may be advised later. The Contractor shall order
these materials from the Employer for incorporation into the Works in accordance
with the Programme.

The Contractor shall, or is deemed to have, inspected these materials and satisfied
himself that these materials comply with the Specification and as per the PMC
Engineer’s approval. The Contractor shall be entitled to reject any materials that
are not complying with the Specification subject to PMC Engineer’s rejection.

Unless otherwise notified in writing by the Contractor to the Supervision

Engineer, the Contractor’s receipt of these materials shall constitute defect free
acceptance of these materials as received and, accordingly, the Contractor shall
be responsible for the time for delivery, testing, inspection, care, quality, quantity
and storage of these materials.

The Contractor shall submit to the Supervision Engineer a weekly look-ahead

schedule for the required free issue Material. The Contractor shall state, in its
submission, the date, time and the exact required quantities of these Materials.
The submission shall be reviewed by the Engineer and shall be coordinated with
other entities and agreed with the Contractor. However, in case of

Project HTS BANK Page 6 of 14

Employer: --------------------- Contractor: ---------------------
disagreement, the Employer shall be entitled, and the Contractor accepted, to
provide the requested free issue Material after one day from the requested delivery
date by the Contractor without giving the Contractor the entitlement to claim for
extension of time and/or additional payment.

The Contractor is deemed to have included in the Contract Price all the charges
necessary to keep these materials secured at all times, and to cover his other
obligations and liabilities stated in this Sub-Clause, as well as maintenance of these
Free-Issued Materials during the Defects Notification Period. There are no
allowances whatsoever under the Contract for wastages for RMUs, Transformers,
Main Panel Boards, Infrastructure Power Cables, Light Poles, Light Fixtures that are
provided by the Employer. The maximum acceptable wastage for other materials
provided by the Employer shall be 1% of such other materials provided under this
Sub-Clause, and wastages beyond 1% shall be back charged to the Contractor.

4.22 Security of the Site

Add the following at the end of this Sub-Clause:

“Contractor is deemed to have allowed in the Contract Price for the overall security
of everything in the Contractor’s possession within the Site, including, but not
limited to, Contractor’s Goods, Equipment, Plant and Materials on the Site. Any
Costs incurred by the Contractor, disruption or delay in carrying out the Works as
a result of theft, loss or damage to Contractor’s Goods, Equipment, Plant and
Materials or of Employer’s Equipment, Plant or Materials on Site shall be borne by the
Contractor. The Contractor is further deemed to allow in his prices all payments to
be made to the locals (local arabs/bedwains) whom are known to be charging
payments for security services in accordance with the pricelist agreed with the
Employer.”

5 Nominated Subcontractors

Delete this Clause and all its Sub-Clauses in their entirety.

6.5 Working Hours

Add at the end of this Sub-Clause the following

"In case the Contractor works during locally recognized days of rest, or outside the
normal working hours for reasons attributable to the Contractor, the Contractor shall
bear all the associated costs of the Engineer, Consultant and Employer's personnel in
accordance with Sub-Clause 2.5 [Employer's Claim]"

6.6 Health and Safety

Delete from this sub-clause “The Contractor shall also provide facilities for the
Employer's Personnel as stated in the Specification.”

6.7 Health and Safety

Project HTS BANK Page 7 of 14

Employer: --------------------- Contractor: ---------------------
Delete from this sub-clause the word “ambulance service”

6.9 Contractor’s Personnel

Replace the last sentence of this Sub-Clause with the following:

“Within 14 (fourteen) days from the Engineer’s requirement for a replacement, the
Contractor shall present to the Engineer for his approval resumes of other qualified
replacements.
Once the approval is obtained, the Contractor shall endeavor to employ the
selected candidate. Any adverse effects resulting from the removal of
Contractor’s personnel under this Sub-Clause shall be borne by the Contractor.”

8.1 Commencement of Works

Replace the first paragraph with the following:

“The Commencement Date shall be the date stated in the "notice of the
Commencement Date" issued by the Employer or by the Contract Management
Engineer to the Contractor. "

8.3 Programme

Replace "28 days" in the first line with “14 days"

Add the following at the end of this Sub-Clause:

1. The Supervision Engineer shall manage and facilitate workshop(s) between the
Contractor and other contractors on Site as shall be needed to define the parameters
of the Master Baseline Programme for the whole of the Project,
2. The Contractor shall produce its detailed draft Baseline Programme for the Works
considering the works of other contractors on Site with full consideration of
activities relationships, dependencies and resources loading to its Baseline
Programme and submit it for Supervision Engineer’s review,
3. The Supervision Engineer shall collect other baseline programmes from other
contractors on Site to compile the Master Baseline Programme accordingly, and
4. The Supervision Engineer will attempt to agree upon the draft Master Baseline with the
Contractor within 14 days from the receipt of the Baseline Programme draft from the
Contractor.
5. In case, no agreement is reached, the Supervision Engineer shall be entitled to instruct
the Contractor, and the Contractor agrees, that Works shall be executed in strict
compliance with the Supervision Engineer’s coordinated Master Baseline Programme
as instructed by the Supervision Engineer.
6. The Contract Price includes that the Works shall proceed pursuant to the final
coordinated Master Baseline Programme only.
7. Payments shall directly be interconnected with the Master Baseline Programme
sequence and cash flow. The Employer is entitled - at its own discretion - to withhold
payments that relate to executed Works that were not planned for during the period
corresponding for such payments.

Project HTS BANK Page 8 of 14

Employer: --------------------- Contractor: ---------------------
In case the Contractor fails to submit its Baseline Programme within 14 days from
Contract Signature, the Employer shall produce it/Programme and deduct it s
c os t @ L. E 50,000 from the Contractor.

8.4 Extension of Time for Completion

Replace the second paragraph of this Sub-Clause with the following:

“If the Contractor considers himself to be entitled to an extension of the Time for

Completion, the Contractor shall give notice to the Con t r act M an agem en t
Engineer in accordance with Sub-Clause 20.1 [Contractor’s Claims] and present
Time Impact Analysis in support of his claim. The Time Impact Analysis shall include a
narrative describing the cause- and-effect relationship between th e event in
question and the delay to the Time for Completion and the measures taken by
the Contractor to mitigate the impact of the delay. For the avoidance of doubt,
the Employer solely owns any float in the Programme activities. When determining
each extension of time under Sub- Clause 20.1, the Engineer shall review
previous determinations and may increase, but shall not decrease, the total
granted extension of time. In all cases, Contractor’s claim for an extension of the
Time for Completion shall not be considered, and the Contractor hereby waives
his right for entitlement to the aforesaid claim, if a Time Impact Analysis is not
presented in accordance with this Sub-Clause.”

9.4 Failure to Pass Tests on Completion

In the penultimate line of this Sub-Clause, replace item (ii) with the following:

“(ii) determined in accordance with Sub-Clause 3.5 [Determinations] or set off and
deducted in accordance with Sub-Clause 2.5 [Employer’s Claims].”

11.1 Completion of Outstanding Work and Remedying Defects

In sub-paragraph (a), second line, after the word “Certificate”, delete the remainder
of the sentence and replace with: “within the time instructed by the Engineer,”

11.4 Failure to Remedy Defects

In the first line of the first paragraph, after the words “reasonable time,” insert:

“or within the time instructed by the Engineer,”

Replace sub-paragraph (a) with the following:

“carry out the work himself or by others, at the Contractor’s cost; and the Contractor
shall pay to the Employer the costs incurred by the Employer in remedying the
defect or damage;”

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Employer: --------------------- Contractor: ---------------------
12.3 Evaluation

Delete sub-paragraph (a) and replace with the following:

“If a Variation only decreases the quantity of an item of Work by more than 25%,
and such variation significantly affected the price of that item in the Bill of
Quantities in which case a new rate for that item is necessary, such new rate shall be
applicable only to that item and for the works exceeding the said percentage. Such
new rate shall be based on the existing rates in the Bill of Quantities and the
Contractor shall substantiate with supporting documents the reasons for increasing
the rate.

No changes in the rates specified in the Bill of Quantities shall be applied in case of
variation increasing the quantities of the Works"

12.4 Omissions

Delete this Sub-Clause in its entirety.

13.1 Right to Vary

Delete the second paragraph and replace with the following:

“The Contractor shall execute and be bound by each Variation when instructed by
the Engineer.”

13.2 Value Engineering

In sub-paragraph (c), replace with the following:

"The Contractor is encouraged to develop, prepare, and submit value engineering

change proposals (VECP's) voluntarily for the approval of the Employer. The
Contractor shall share in any net acquisition savings pursuant to the "Value
Engineering" clause of the Prime Contract, realized from accepted VECP's, in
accordance with the incentive sharing rates below.
For all Accepted VECPs:
 Contractor’s share 30% of declared saving
 Employer’s share 70% of declared saving
The Contractor must formally and specifically identify all VECPs in writing, and, as a
condition to any incentive consideration pursuant to this Sub-Clause, must submit
such written VECP prior to the earliest date upon which the Employer or
Employer’s Personnel undertakes affirmative action to modify this Contract or
other contracts to implement the change encompassed by the VECP. The
Contractor shall provide the Employer, as part of the VECP, with all evidences and
backup documents that led to the proposed savings.

13.3 Variation Procedure

In the first paragraph, replace the opening statement with the following:

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Employer: --------------------- Contractor: ---------------------
“If the Engineer requests a proposal, prior to instructing a Variation, the Contractor
shall respond in writing, within 14 days of receiving the Engineer’s request, by
submitting:”

Insert the following paragraph before the last paragraph of this Sub-
Clause:

“If the Engineer instructs a Variation, then the Contractor shall, within 14 days of
receiving such an instruction, submit to the Engineer a proposal detailing and
substantiating any adjustments to the Contract Price and / or the Time for
Completion.

If the Contractor receives any instruction from the Engineer that is not described as
a Variation, but which the Contractor considers as a Variation, then the
procedures set forth under Sub-Clause 20.1 [Contractor’s Claims] shall apply.
Upon the Contractor’s submission of a proposal with detailed particulars supporting
the Contractor’s request for additional Cost and /or an extension to the Time for
Completion, the Engineer and Contractor shall endeavor to reach agreement on
the value and time impact of the Variation in question. In the event of
disagreement between the Contractor and Engineer or Employer, the Engineer shall,
as soon as practicable, determine provisional amounts to be paid to the Contractor
on-account in the Interim Payment Applications, and the Contractor, while
proceeding diligently with the performance of the Variation and the Work, may also
proceed with the procedures set forth under Clause 20 [Claims, Disputes and
Arbitration]. However, in all cases, pending the conclusion of negotiations, or in the
event of disagreements on Variation impacts, the Contractor shall not suspend, stop
or reduce performance of the original and/or varied Work.”

13.5 Provisional Sums

Replace the word "and" at the end of sub-paragraph (b)(i) with " to the nominated
Subcontractor"

Delete sub-paragraph (b)(ii)

13.7 Adjustments for Changes in Legislation

Replace “Base Date” with “date of signing this Contract” through the entire Sub-
Clause 13.7

In the second line of the first paragraph, replace the words “a change” with “an
Unforeseeable change”.

Delete from the Second paragraph of this Sub-Clause till end of this Sub-Clause in its
entirety and substitute with the following:

“ the Contractor shall not be entitled to any price adjustment to the Contract in
case of any change in legislations, laws, decrees or authority regulations issued
after the date of signing this Contract.”

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Employer: --------------------- Contractor: ---------------------
13.8 Adjustment for Changes in Cost

Delete this Sub-Clause from its entirety and replace with the following:

“ The prices of the items mentioned in this Contract are fixed and shall not be
subject to any changes or adjustments due to price change of the material,
manpower or any other reasons.”

14.7 Payment
In sub-paragraph (a), after “Letter of Acceptance”, insert “or Notice to Proceed”.

14.8 Delayed Payment

Delete this Sub-Clause in its entirety.

14.9 Payment of Retention Money

Delete this Sub-Clause in its entirety and Replace by:

The balance of the Retention Money is to be paid promptly within 21 days after
the latest of the expiry dates of the Defects Notification Periods, or it shall be
paid upon issuance of the Taking Over Certificate against bank guarantee.

15.5 Employer’s Entitlement to Termination

Delete the last sentence of the first paragraph.

Add the following sentence:

“The Employer reserves the right to terminate the Contract at any time, without the
need to legal proceedings or court order, as long as the Advance Payment
specified under the Agreement has not been paid to the Contractor or if the
contractor failed to perform its Works under the Contract or fails to submit The
Performance Security to the Employer in compliance with provisions of the
Contract. In any event, the termination shall take effect without the Employer
serving notice or grace period or obtaining court order against the Contractor”

19.4 Consequences of Force Majeure

Delete “and/or incurs Cost”

Delete the “, and” at the end of sub-paragraph (a)

Delete sub-paragraph (b).

20.1 Contractor's Claims

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Employer: --------------------- Contractor: ---------------------
Replace the words "28 days" in the first and second paragraphs with "7 days"

Replace the words "42 days" in the third paragraph with "28 days"

Delete the sixth paragraph

20.2 Appointment of the Dispute Adjudication Board

Delete this Sub-Clause in its entirety.

20.3 Failure to Agree Dispute Adjudication Board

Delete this Sub-Clause in its entirety.

20.4 Obtaining Dispute Adjudication Board’s Decision

Delete this Sub-Clause in its entirety.

20.5 Amicable Settlement

Replace this Sub-Clause with the following:

“Disputes arising out of or in connection with this Contract shall be settled amicably
between the representatives of both Parties on a project level upon the receipt of a
written notice from either party requesting the amicable settlement of the dispute in
question. Such notice shall give detail to the description of the dispute in question
and shall list the matters requiring settlement. If, within 30 days of the other party’s
receipt of the notice for amicable settlement request, a settlement is not reached
between the project team of both Parties or they failed to meet, then amicable
settlement negotiations shall be commenced between the senior representatives of
both Parties. If, within 21 days from the commencement of the senior level
amicable settlement negotiations, an amicable settlement is not reached or they
failed to meet, then arbitration may be commenced in accordance with Sub-
Clause 20.6 [Arbitration].”

20.6 Arbitration
Replace this Sub-Clause with the following:

“Arbitration procedures shall commence from a written notice from one of the
Parties referring to the dispute in question and notifying the other Parties of its intent
to commence arbitration proceedings. The notifying Party shall include in its notice
the name of the arbitrator it nominates. Within 14 days of receiving this notice, the
other Party shall nominate another arbitrator, and the two arbitrators shall nominate
a third who shall serve as the chairman of the arbitration tribunal. If a Party fails to
nominate its arbitrator within a period of 14 days after receiving notice of the
arbitration, or if the two arbitrators appointed cannot agree on the third arbitrator
within a period of 14 days after appointment of the second arbitrator, then such
arbitrator shall be nominated and appointed by the Cairo Regional Centre for
International Commercial Arbitration in accordance with its rules.
The arbitration shall be conducted in the Cairo Regional Centre of International
Commercial Arbitration and in accordance with the Centre’s rules. The language
of the arbitration shall be English.”

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Employer: --------------------- Contractor: ---------------------
20.7 Failure to Comply with Dispute Adjudication Board’s Decision
Delete this Sub-Clause in its entirety.

20.8 Expiry of Dispute Adjudication Board’s Appointment

Delete this Sub-Clause in its entirety.

New Clause 21 Contractor’s Acceptance of Contract Documents

The Contractor has carefully reviewed all the Contract Documents and, by signing
this Contract, has accepted the terms and conditions within the Contract Documents
without any right to request an increase to the Contract Price and/or extension to
the Time for Completion due to any conflict, omission, discrepancy, inconsistency,
or any error of whatsoever nature detected therein after the Contract signature
date. For the avoidance of doubt the Contract Documents supersede any and all
previously exchanged written correspondence and oral communications. The
Contractor accepts that the provisions under Sub-Clauses 8.4 [Extension of Time
for Completion] and 20.1 [Contractor’s Claims] do not apply to c oor di n ati on
matters or any other matters that had been presented in the Contract Documents
prior to the signature date, and the Employer is discharged from all liability in
connection with any claims in that regard.

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Employer: --------------------- Contractor: ---------------------
 SCHEDULE 3: GENERAL CONDITIONS OF CONTRACT

Employer---------- Contractor-------------
 GENERAL CONDITIONS

The Conditions of Contract shall be deemed to form and be read and construed as part of
the Contract Documents and shall consist of:

Part I: Is Part I of “Conditions of Contract for Construction– for Building and Engineering
Works Designed by the Employer”, First Edition 1999 as prepared and published by
the International Federation of Consulting Engineers (FIDIC).

The Contractor is responsible to obtain copies of the “General Conditions” from

the publication source for use under this Contract.

Part II: Particular Conditions, Part II of the “Particular Conditions of the Contract shall be
read in conjunction with the General Conditions and are linked by the
corresponding numbering of the Clauses.

Part I and Part II together comprise the conditions governing the rights and obligations of
the Parties to the Contract.

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Employer: --------------- Contractor: ---------------
Division 02 – Existing Conditions

General
In general, follow the guidelines below when dealing with Existing Conditions. Unless
specifically indicated otherwise, these guidelines are not intended to restrict or replace
professional judgment:
1. Use of Explosives in Demolition or Investigation is prohibited.
2. Where “destructive” type investigations are required, coordinate schedule, extent
of “destruction” and repair/patching work with Physical Plant prior to
commencement of these investigations.
3. Bank provided information is schematic in nature providing an approximate
existing condition however is not guaranteed to be accurate. The Professional and
Contractor shall perform all field reviews and investigation necessary to perform
their services prior to commencing work. The following reviews may be required,
depending on project scope:
a. Review of existing documentation available from the Physical Plant
or Health and Safety Department.
b. Physical field verification of existing conditions.
c. Verification of Utility Capacities and preparation of reports
substantiating project utility needs no later than Schematic Design.
d. Identification of known code deficiencies within the project area,
including specific code section citing the requirements. This shall be
summarized in a report and submitted to the Physical Plant for review
no later than Schematic Design.
4. Site Examination is required by the Professional and Contractor prior to
Commencement of any work. Subcontractors may also be required to field visit
and verify existing conditions prior to commencing work.
5. Professionals and Contractors may be required, or elect, to photographically
document existing conditions or investigations. Copies, in electronic format and
hardcopy, of all photographs by the Professional or Contractor shall be provided to
the Owner for record purposes.
6. Prior to removal of any security technology, cameras, duress stations, fire alarms,
fire notification devices, coordinate with the Bank and clearly define what items
shall be salvaged and turned over to the Bank Physical Plant.
7. Prior to removal of any doors or hardware, coordinate with the Bank and clearly
define what items shall be salvaged and turned over to the Bank. In no case shall
any lock housings or key cores be disposed of without the written permission of
the Bank Lock Shop.
8. Prior to removal of items in usable or good condition, coordinate with the Bank and
clearly define what fixed items shall be salvaged and turned over to the Bank.
These may include, but not be limited to:
 a. Security Technology Devices.
b. Doors and Hardware.
c. Light Fixtures.
d. Kitchen Equipment.
e. Laboratory Equipment.
f. Telephone Systems.
g. Fire Protection Systems – Fixed and Portable
9. Coordinate with the Bank Recycling Program for the proper removal and recycling
of any item, including, but not limited to:
a. Light Lamps.
b. Light Ballasts.
c. Carpeting.
d. Ceiling Tiles.
e. Any items per LEED credit requirements are defined during design.
Section 02 30 00 Subsurface Investigation
1. The Professional shall direct and provide site or subsurface investigation judged
necessary in accordance with the Professional’s project work scope. Services may
include:
a. Contacting the Physical Plant for any Bank records of site hazards,
investigative work, and surveyor reports, testing laboratories
(including test borings), soil analysis (including load bearing
capabilities) and related site analysis.
b. Contacting the Bank Health and Safety Department for any Bank
records of site hazards, investigative work and surveyor reports,
testing laboratories (including test borings), soil analysis (including
load bearing capabilities) and related site analysis.
c. Where existing records do not exist, or need to be recreated or
resurveyed, the Professional shall be responsible for obtaining new
surveys and reports for site hazards, surveys, tests, or soil borings
and analyses.
d. Submit two copies of any site investigative reports to the EMU
Project Manager.
2. Existing Site Information to be included in Contract Documents: Show all boring
locations, cross sections, and soil conditions. Also show all existing conduits,
drains, utility lines, sewers, tunnels, cables, trees, paving, walks, foundations and
other objects or obstructions, whether in use or abandoned.
3. Information furnished by the Bank shall be for the Design Professional or
Contractors reference only, and the Bank shall in no way be held responsible for
accuracy of the information.
4. Protection of Existing Site and Buildings: Protect all buildings, drives, parking
areas, trees, walks, and planted areas during subsurface investigations. All
 existing site elements shall be left in their original condition. Coordinate all work
with the Physical Plant Project Manager.
5. Preparation of Plans for Borings: In the preparation of plans for boring locations,
the Professional shall study plans of existing underground utilities and shall locate
borings to avoid these utilities. Strategic locations shall be identified for these
investigations considering existing underground utilities and the proposed location
of buildings and paved areas. Maps showing approximate location of underground
installations are available for review at the Bank Physical Plant.
Section 02 41 16 Structure Demolition
1. Demolition of Foundations: Extent of foundation demolition shall be verified with
the Physical Plant prior to work. Where new structures will replace existing
structures, the entire foundation structure shall be removed.
2. Only where allowed by the Physical Plant to remain, the existing slabs remaining
under fill, for any piece designated to remain to provide for drainage.
Section 02 41 19 Selective Structure Demolition
1. Professional shall clearly delineate on the Construction Documents the extent of
selective demolition. Provide demolition site plans, floor plans, elevations, or
details to clearly identify what is scheduled for removal and what is scheduled to
remain.
2. Identify on the demolition plans or schedule what items shall be temporarily
removed and re-used, and those item which shall be turned over to the Owner.
3. Identify on the demolition plans those items which shall be appropriately removed
for recycling.
Section 02 44 00 Equipment Moving
1. Relocated Equipment: Special concern shall be taken with equipment relocated
from existing installations for reinstallation. Professional shall establish a schedule
for removal and reinstallation and coordinate with the subject Department and the
Physical Plant. Identify a single contractor or responsible personnel to be solely
responsible for removal, disposal, and re-installation and follow-up. Relocation of
existing equipment shall include:
a. Disconnecting and moving to new location.
b. Specify that the contractor record existing utility piping arrangements to
facilitate reinstallation.
c. The contractor shall be required to replace unsalvageable piping,
ductwork, and wiring, and furnish any new piping, ductwork, and wiring
as required to complete reinstallation, without additional cost to the
Bank.
d. The contractor is to provide a separate container for the recycling of
paper, cardboard, and wood products.
 e. Provide all moving devices, packing materials, labels, temporary
storage, and labor necessary for moving of equipment.
Section 02 82 00 Asbestos Remediation
1. Professionals and Contractors shall comply with the Bank Policies and
Procedures regarding disturbance or removal of known or suspected Asbestos
Containing Materials (ACM).
2. Prior to working with, disturbing, or removing any ACM’s, the Professional or
Contractor shall provide advanced notice to the Physical Plant Project Manager
(PPPM) and Environmental Health and Safety (EHS). Notice of
commencement shall contain start date, anticipated length of ACM removal,
and daily starting and finish time (i.e. 8:00 am to 5:00 pm).
3. If unanticipated ACM is encountered, all work shall cease until it has been
properly removed by a licensed abatement professional, and an accredited
environmental consultant has identified and provided written verification of the
clearance sampling that the area is safe for work.
4. Specifications: When asbestos work is involved, specifications must require
conformance to all pertinent provisions of Local laws, codes, rules and
regulations for removal or control. Those known to us at this writing are:
a. Egyptian fire code.
b. New building requirements.
c. Civil defense requirements
5. Contractors or Subcontractors involved in asbestos work must be required to
meet the following minimum requirements:
a. Prospective asbestos abatement companies must meet the Bank's
qualification requirement prior to commencing their activities. The
contractor of a successfully bid project must submit an asbestos
abatement plan and have it approved by Environmental Health and
Safety (EMS) or EMS environmental consultant prior to commencing the
work.
b. The contractor must have detailed written operating procedures
describing techniques to be used.
c. Air monitoring by a third party consultant shall follow industry standards.
Generally, background, personals, area and clearance sampling are
conducted.
d. It is vital to maintain clearly identified routes of egress in all structures,
whether partly occupied or not during asbestos removal.