Enhanced Pre-Qualification Doc Vol 1

ALMAZA CITY CENTRE PROJECT
Enhanced Pre-Qualification Documents
Main Contract
Volume 1
Enhanced Pre-Qualification Doc Vol One rev 3 - 16-10-14 KNOON.doc

CONTENTS
VOLUME 1
SECTION 1 TENDER PARTICULARS

Letter of Invitation to Enhanced Pre-Qualification
1.1 Documents Checklist
1.2 Instructions to Enhanced Pre-Qualification
1.3 Letter and Appendices
1.4 Contract Agreement
1.5 Tender Bond
1.6 Performance Bond
1.7 Advance Payment Guarantee
1.8 Insurances
1.9 Appendix to Tender
SECTION 2 CONDITIONS OF CONTRACT
SECTION 3 SCHEDULE OF MILESTONES
VOLUME 2 DRAWINGS & OUTLINE SPECIFICATION
PART A OUTLINE SPECIFICATION
PART B Architectural, Landscape Drawings

PART C Structural Drawings
PART D MEP Drawings
VOLUME 3 APPENDICES
SECTION 1 Geotechnical Report

SECTION 2 Site Topographic Survey
Almaza City Centre - Enhanced Pre-Qualification

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SECTION 3 Underground Utility Survey
SECTION 4 Site Office Specification
SECTION 5 Project Execution Plan
SECTION 6 MAF Health and Safety Procedures (HSE)
SECTION 7 Tenant Fit-Out Manual

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SECTION 1
TENDER PARTICULARS

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1. TENDER PARTICULAR
1.1 Documents Checklist
The following documents checklist has been prepared to ensure all Enhanced Pre-
Qualification Tenderers submit a complete and compliant bid.
Please tick each box to confirm you have complied with each item identified below and sign,
date and stamp in the area provided at the bottom of the page.
Failure to complete this checklist may invalidate the Tender.
1.1.1 Enhanced Pre-Qualification Documents Received by the Tenderer

1. Tender Particulars
2. Conditions of Contract
3. Schedule of Milestone
4. Drawings
5. Outline Specifications
6. Geotechnical Report
7. Site Topographic Survey
8. Underground Utility Survey
9. LEED Assessment Report
10. Project Execution Plan
11. MAF Health and Safety Procedures (HSE)
12. Tenant Fit-Out Manual
1.1.2 Enhanced Pre-Qualification Documents Submitted by the

Tenderer
1. Letter of Tender and Appendices
2. Outline Method Statement
3. Construction Programme in Primavera P6 Format
4. Value Engineering list
5. All Further Supporting Tender Documentation Identified by the Phase 1
Tenderer.
6. Final Joint Venture Agreement (if needed)
……………………………………. …………………………………….
Signed for the Phase 1 Tenderer Date

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1.2 Instructions to Enhanced Pre-Qualification Tenderers
Majid Al-Futtaim Properties Egypt is inviting you to participate in the tender for the
construction of Almaza City Centre in Cairo. This tender is divided into two phases.
Phase 1: (Enhanced Pre-Qualification Process)
This phase is a continuation of the prequalification process which has started by the
Employer already. This phase will be based on the Schematic design set of documents. The
purpose of this phase is to enable the Phase 1 Tenderers to have a thorough understanding
of the design and the components of the project.
This phase will be focused on the assessment of the technical capability of the Phase 1
Tenderers. The Phase 1 Tenderer will submit a comprehensive technical proposal in
compliance with Phase 1 requirements and programme. The Phase 1 Tenderer will submit
also a Value Engineering proposal to maximize the value of the design and reduce the cost.
The evaluation of the Phase 1 submission will be entirely based on the technical assessment
including the comprehensiveness of the Value Engineering items. The Employer will use the
outcome of the Phase 1 evaluation to reduce the number of Phase 1 Tenderers to 4.
Phase 2: (The tender)
Based on the outcome of Phase 1, the successful Phase 1 Tenderers will be invited to
submit their best technical and financial tender in accordance with the tender documents.
The Phase 2 tender will be based on the final set of Detailed Design documents; whereas it
may be expected that changes and alterations will get introduced to the schematic set of
documents subject of Phase 1 tender.
1.2.1 General
The tender process for the Almaza City Centre project is to be carried out in two phases, a
number of contractors/joint ventures have previously submitted their pre-qualification
questionnaires and based on our evaluation of these questionnaires 6 of those
contractors/joint venture are being requested to complete the phase 1 process by
submitting a phase 1 tender in accordance with this document, the Almaza City Centre
Project – phase 1 Tender pack. For this phase 1 tender you are not required to submit a
price, this will form part of the phase 2 tender, it is anticipated that 4 of the 6
contractors/joint ventures will be invited to progress to phase 2. It is the phase 2 tender
that the contract will be based upon.
The Phase 1 Tenderer is advised to read these instructions carefully and to ensure that he

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has complied therewith in all respects on submitting his Tender. Failure to do so may
result in rejection of the Tender. No claim will be entertained on the grounds of failure to
read or comply with these instructions or for any alleged misunderstanding of their
importance.
Any question which may arise with regard to the interpretation of or additional information
required to clarify the interpretation of the Tender Documents, including the Specifications,
Drawings, etc., is to be submitted to:
MAF Properties Egypt S.A.E

Attn: Mr Kamal Noon, Senior Project Manager
Mob: +2(010) 0088 0885
Email: [email protected]
And copied to:
Mace Egypt
Attn: Mr Andy Manning, Project Director
Mob +2 (010) 099 46553
1.2.2 Export Credit Financing

A number of countries globally offer export credit finance to projects in Egypt where
companies and suppliers from their home country are contracted to deliver goods and
services. Should your Joint Venture be able to offer in principle Export Credit finance
please stipulate your experience of utilizing such finance to date, the likely percentage
level of finance available for such a project and the methodology required to secure such
finance
1.2.3 The Project
The vision for an Almaza City Centre is to create a convenient Regional shopping centre, of
circa 100k sqm GLA, with a potential for it to be expanded by 40,000 sqm. It will dominate
its primary catchment for day to day shopping while within the community. This will be
made up of an anchoring Hypermarket of 12k sqm with retail space of 68k sqm and 18k
sqm of F&B and leisure, with an overall area of parking space for excess of 4K cars.
1.2.4 Location of Site

The site is located at the intersection of Suez road and the Autostrad road in Almaza
district.
1.2.3.1 Title of the Works

The full title of the works is:-

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Almaza City Centre
1.2.6 Scope of the Works

Work under this Contract shall include but not be limited to the following disciplines:
 Earthwork
 Structural
 Architectural
 Mechanical
 HVAC
 Electrical including Low Current
 Plumbing
 Special Systems
 External Works (including external & internal roads, parking, landscape and
retaining walls)
1.2.7 Submission of Tenders

 No tender documentation charge will be levied by the Employer. Additional copies of
tender documentation shall, however, incur appropriate charges.
 The Phase 1 Tenderer shall submit his completed Phase 1 tender document, in
entirety, clearly marked ORIGINAL together with two good quality photocopies of the
Phase 1 Tender Document, clearly marked COPY, and a electronic copy on compact
disk to the office of the Employer at the address in the letter of invitation to Tender.
 All of the Phase 1 Tender Documents and Drawings are to be returned with the
completed Tender in the manner and the time stated in the letter of invitation to
Tender. If these Tender and contract documents are not properly submitted then the
Tender may be rejected at the Employer's discretion.
1.2.8 Alternative Tender And / Or Value Engineering Proposals
a) Alternative tender and / or value engineering proposals will be considered only

where the Phase 1 Tenderer has submitted a fully compliant proposal. Proposed
alternative tenders and / or value engineering proposals will constitute one of the
main criteria of the evaluation of the Phase 1 tender. Accordingly all Phase 1
Tenderers are encouraged to submit their best and well-studied and reviewed value
engineering proposals.

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b) The Enhanced Pre-Qualification Tenderer may submit an alternative proposals
varying any or all of the following:
1. Construction details
2. Materials
3. Specification
4. Programme Milestones
5. Any other alterations
c) Where such alternatives are offered by the Pre-Qualification Tenderer, then each of
the alternatives so offered by the Pre-Qualification Tenderer shall be clearly
identified with any effect on cost or programme detailed.
d) Acceptance or refusal of any or all such alternatives shall be at the sole discretion
of the Employer and the Engineer and no claim for loss of profit or expenses will be
entertained by the Employer in connection with the adoption of any or all of the
proposed alternatives.
e) In all other aspects the alternative Tender and / or value engineering proposal shall
be deemed to conform to the requirements of the Phase 1 tender documents.
f) Alternatives to the design will only be allowed if the Phase 1 Tenderer can
demonstrate and guarantee that the same or a better standard will be achieved.
Fully detailed calculations shall be submitted to substantiate the alternative design
in a covering letter with the Phase 1 tender
g) If such alterations necessitate redesign, the Phase 1 Tenderer will be required to

bear the cost and any effect on programme of any of the redesign work.
1.2.9 Site Inspection

The Phase 1 Tenderer is required to visit and inspect the site entirely at his own risk and
expense and ascertain for himself the accessibility and nature of the site, the full extent
and character of the operations, the supply of labour and any of the matters affecting his
Tender and sign the declaration in Appendix 'B' to the Letter of Tender.
If necessary, information about site conditions shall be clarified before delivery of his
Tender. The Phase 1 Tenderer shall be responsible for all consequential costs if he fails to
visit the site and/or misinterprets site conditions.

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Arrangements for visits can be made through the following contact:

Attn: Mr Kamal Noon, Senior Project Manager
Fax: +2(010) 0088 0885
And copied to:
Mace Egypt
Attn: Mr Andy Manning, Project Director
Mob +2 (010) 099 46553
1.2.10 Physical Conditions

The tender documents include a site investigation report produced by an independent
geotechnical consultant on behalf of the Employer (Volume 5 – Section 5.1).
Notwithstanding this it is the Phase 1 Tenderers responsibility to make local and
independent examinations and enquiries as to the physical conditions prevailing at the site
and obtain his own information on all matters and things that may in any way influences
him in making a tender. He must also satisfy himself as to the risks, obligations and
responsibilities to be undertaken in the Contract to be entered into by him should his
Tender be accepted.
1.2.11 Working Hours

The Enhanced Pre-Qualification Tenderer is to confirm his working hours required to suit
the programme for the Employer to review. These hours must comply with all applicable
laws and regulations.
A schedule of when access and deliveries to the site can be made shall be prepared by the
Enhanced Pre-Qualification Tenderer.
1.2.12 Tender Documents

The Tender must be based upon all the Tender Documents, a full set of which comprises:

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1. Tender Particulars
2. Contract Agreement
3. Conditions of Contract
4. Appendix to Tender
5. Schedule of Milestones
6. Drawings
7. Outline Specifications
8. Geotechnical Report
9. Site Topographical Survey
10. Underground Utility Survey
11. LEED Assessment Report
12. Project Execution Plan
13. HSE Management Plan
14. Tenant Fit Out Manual
The Enhanced Pre-Qualification Tenderer should check that he is in possession of all the
Tender Documents, as above, and by reference to the index, collection and summary
pages, he should ensure that all pages are in the correct sequence and that none are
missing. Any deficiency or other irregularity should be notified to Mr Kamal Noon at MAF
Properties Egypt S.A.E immediately for rectification. No claim will be entertained on the
grounds that the Phase 1 Tenderer failed to see and fully understand any of the
documents.
1.2.13 Tender Information

It is the Enhanced Pre-Qualification Tenderer 's responsibility to obtain all the information
he requires to arrive at his Tender price including, but not limited to those documents
referred to in the Conditions of Contract and no claim for the alteration of the Tender
amount shall be entertained on the grounds of failure to obtain accurate information or of
any alleged misrepresentation, misinformation or of any verbal or written instructions or
promises given by any person other than that allowed in the Tender Documents and any
official revision notices forwarded from the Employer.
1.2.14 Discrepancies
Should the Enhanced Pre-Qualification Tenderer conclude from the Tender Documents that
there exists any inconsistency, discrepancy or conflict within the content thereof, he must
notify the same in writing to MAF Properties Egypt S.A.E for clarification. Such notification
must be delivered no later than seven (7) days prior to the date set for submission of
Tenders.

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1.2.15 Amendment Letters
Up to and including a date not later than five (5) days before the date set for the
submission of Tenders, the Employer may issue letters to Enhanced Pre-Qualification
Tenderer s giving such clarifications and explanations as he may deem appropriate and/or
amending the Tender Documents including, if it should be necessary in his judgment,
revision of the submission date.
1.2.16 Interpretation
The Enhanced Pre-Qualification Tenderer may request clarification or interpretation from
the Project Manager on behalf of the Employer of any aspect of the tender documents by
email. The Employer's response will be made by email or letter addressed to all Enhanced
Pre-Qualification Tenderer s by email. Where such clarification requires a change in the
tender documents, the Project Manager on behalf of the Employer will prepare and issue
an addendum to the tender documents.
The Employer will not be bound by, and the Enhanced Pre-Qualification Tenderer shall not
rely upon, any oral interpretation or clarification of the tender documents.
Any request for clarification or interpretation should be received by the Employer not later
than seven (7) days before the tender submission date.
If the Enhanced Pre-Qualification Tenderer requires clarification or interpretation in the

final seven days before the tender submission date then he shall when submitting his
tender set out in a covering letter the interpretation on which his tender has been based.
1.2.17 No Alteration to Documents

No addition, omission or alteration is to be made by the Enhanced Pre-Qualification
Tenderer to the tender documents. If any such alteration is made or if these instructions
are not fully complied with or if any incomplete tender is submitted, the tender may be
rejected. Un-priced items shall be deemed to be included in the final tender price.
1.2.18 Dates for Provision of Site and Completion

The Time for Completion is that stated in the “Schedule of Milestones” Volume 1 Section 3.

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Should the Contractor fail to complete the Works within the Time for Completion, the
Employer will be entitled to deduct an amount for late completion in accordance with the
Conditions of Contract (Clause 47.1 and 47.2), in the amount stated in the Appendix to
Tender and “Schedule of Milestones” Section 3 Volume 1.
1.2.19 Traffic Management Plan

The Tender shall as part of Appendix „O‟ of the Appendices to Letter to Tender provide a
traffic Management plan detailing his proposed management of public, service and
construction traffic during the construction period taking into account the proximity of
surrounding properties and the road network and the safety of the public. The traffic
management plan should include proposals for any temporary roads and vehicle
marshalling and parking.
Additionally the Enhanced Pre-Qualification Tenderer should make themselves aware of

any ongoing works to be carried out on plots adjacent to the site that may influence or
effect the execution of these works. The appointed Contractor will be expected to fully
liaise with and coordinate his operation with such other works and other contractors and
no claim in relation to such lack of co-ordination or liaison shall be considered.
1.2.20 Local Agent

No tender will be accepted unless accompanied by a copy of a current and valid
registration and trading license issued by appropriate authorities in the name of the
Enhanced Pre-Qualification Tenderer.
1.2.21 Time Frame

The Enhanced Pre-Qualification Tenderer shall price the tender documents on the basis of
completing the whole of the Works in accordance with the time frame and schedule of
milestone period stated in the Section 3 - Schedule of Milestones. This translates into 1
month mobilization and 30 months construction.
The milestone periods indicated includes allowances for compliance with the procedure of
approval of drawings as defined under the Contract. No claim for additional payment or an
extension of time to complete the Works shall be allowed in respect of approval of
drawings.
1.2.22 Programme
The Enhanced Pre-Qualification Tenderer shall submit together with his tender a fully

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detailed bar chart programme showing each element of every section of the works. The
programme should be based on the time frame and milestone periods indicated in Section
3 “Schedule of Milestones”.
The programme shall show the salient dates applicable to all elements of work. The
programme shall be separated into section to show how the various elements of works are
to be integrated and shall incorporate in detail the works of any sub-contractors whether
nominated or otherwise together with the dates on which the Contractor proposes to
submit lists of materials and drawings as by the specifications and drawings.
1.2.23 Completion of Documents (Not applicable for enhance prequalification stage)
All prices shall be in Egyptian Pounds and include all necessary taxes and levies.
All items in the Tender Documents requested to be completed or priced by the Tenderer
(pricing and signature) are to be completed in the English language and priced in blue INK
and the person signing the Letter of Tender must initial any subsequent alteration.
The Tender is to be signed and stamped by the principal of the firm, with the name of the
principal, and the name and address of the Contracting firm, printed in block letters in the
space provided below the signature.
Any Tender that is incomplete, conditional, obscure or qualified in any way will be regarded
as disqualified and will therefore be rejected.
The Tenderer shall take all precautions to ensure that any explanatory note and the like
included in his Tender does not constitute a qualification or other reason for
disqualification.
Where indicated in the Tender Documents that sums are to be expressed in words and
figures, in the case of a discrepancy, the amount written in words shall prevail.
1.2.24 Pricing (Not applicable for enhanced prequalification stage)
The Tender submitted must be on the premise that the rates included will formulate the
Fixed Price Lump Sum and are deemed to include for all work, obligations and liabilities

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including overheads, profit and all obligations and liabilities of every kind which under the
Contract are to be borne by the Contractor and any other work or obligations, which
although not mentioned or shown, may reasonably be inferred there from.
The Tenderer‟s attention is particularly drawn to the section in the Bills of Quantities
entitled 'Preliminaries – Bill No. 1' in which provision is made for pricing of the Contractor‟s
general obligations. Any item not priced either in this section or elsewhere in the Bills of
Quantities will be deemed to have been allowed for in the prices inserted elsewhere in the
Bills of Quantities.
The Tenderer must note that the rates that he inserts against each item in the Bills of
Quantities are the rates or rates pro-rata thereto which will be used to ascertain the Lump
Sum Fixed Price and the value of variations of both additions and omissions.
The Tenderer will be deemed to take full responsibility for all quantities. No claims will be
entertained where quantities included in the Bills of Quantities differ from that encountered
on site unless the work is the subject of a variation required by the Employer and
confirmed in writing by the Contract Administrator.
After appointment of the Contractor, any dispute relating to discrepancies contained within
the Contract Documents, the Contractor is referred to the Conditions of Contract as to
which documents forming the Contract Documents take precedence.
1.2.25 Errors in Pricing and Tender Discounts (Not applicable for enhanced
prequalification stage)
Before accepting any Tender, the Tenderer's pricing will be checked arithmetically to
ascertain that the amounts have been correctly transferred from one part of the Tender
Documents to another. If any errors are found, the difference between the tendered total
and the corrected total shall be adjusted either by amending individual rates by agreement
or by a percentage adjustment to all rates and prices (excluding Prelims items, Day works
and Provisional Sums) so that the original Tender amount shall remain unaltered. All work
that requires re-measurement in accordance with the Conditions of Contract will be subject
to the same amended rates or percentage adjustments.
The successful Tenderer will be responsible for resubmitting in a timely manner the Bills of

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Quantities adjusted in line with the Employer‟s direction. The rates and prices so adjusted
will become the Contract Rates and Prices. The Employer‟s decision in all respects shall be
final.
Any lump sum Tender discounts submitted by the Tenderer will be automatically spread
across all original Tender rates in order to calculate the final discounted rates, which shall
be used to evaluate the Final Sum. Preliminaries items, Dayworks and Provisional Sums
shall not be discounted.
1.2.26 Customs, Duties, Etc. (Not applicable for enhanced prequalification stage)
The Tender price shall include for the incidence of all Customs Charges, Import Duties and
associated and similar charges payable in respect of materials, plant, etc., imported to the
Works, for the entire duration of the works.
1.2.27 Quality Assurance /Quality Control Procedure

The Enhanced Pre-Qualification Tenderer shall submit with his tender, as Appendix „N‟ to
the Letter of Tender details of his proposed quality assurance and quality control
procedures.
1.2.28 Subcontracting
The Enhanced Pre-Qualification Tenderer's attention is drawn to the Conditions of Contract
which prohibits the subcontracting of any part of the works without the consent of the
Contract Administrator. This requirement will be strictly applied and flagrant disregard of
it by the Contractor will be treated as grounds for termination of the Contract. The Phase
1 Tenderer shall submit in Appendix 'C' to the Letter of Tender a list of all the portions of
the Works he proposes to subcontract with particulars (as far as possible) of the
subcontractors he proposes to employ, but the acceptance of his Tender shall not be
regarded as implying in any way approval of his proposals for subcontracting.

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1.2.29 Labour Regulations
The Enhanced Pre-Qualification Tenderer is to comply with all regulations, rules or
instructions concerning conditions and terms of employment of any class of employee for
the full duration of the Contract. Before submitting his Tender, the Enhanced Pre-
Qualification Tenderer is to ascertain from the Government any requirements to comply
with local Laws affecting the employment of labour in respect of this Contract.
1.2.30 Letter of Tender

The Enhanced Pre-Qualification Tender shall be submitted on the Letter of Tender (Volume
1 Item 1.3) bound into this document and all Appendices to the Letter of Tender shall be
duly completed. Failure to complete any of the Appendices shall render the Tender null
and void.
The Letter of Tender must be signed by the principal of the firm or by a person properly
authorised for the purpose and the registered name and address of the Enhanced Pre-
Qualification Tenderer shall be printed or typed in BLOCK LETTERS in the space provided.
No Letter of Tender that is incomplete or incorrectly filled in will be considered. A fully
priced Bills of Quantities shall be returned at the same time as the Letter of Tender.
1.2.31 Submittal Stage

The tender shall be delivered in one delivery in the following manner:
One Package Containing One Original and two hard Copies and One CD
Must not have any external inscription or mark of identification indicating the sender and
will contain two envelopes as follows:
Envelope 1 shall be inscribed on the back „Letter of Tender‟ and shall contain the following
– Letter of Tender, Joint Venture agreement and completed Tender Appendices.
Envelope 2 shall be inscribed on the back Supporting Documentation‟ and shall contain
any and all supporting Tender documentation as identified by the Enhanced Pre-
Qualification Tenderer
The top left corner of the package shall be inscribed:

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“PRIVATE AND CONFIDENTIAL”
“ALMAZA CITY CENTRE – MAIN CONTRACT”
The package shall be received by the Employer not later than the time and date indicated
in the Letter of Invitation to Tender delivered by post or hand in properly sealed envelopes
to:
For the attention of Eng. Kamal Noon Hassan

Maadi City Centre, El Me‟raj City,
Katameya Ring Road, Cairo
Arab Republic of Egypt
1.2.32 Opening of Tenders

The tenders will be opened in private at the Employer's discretion.
The Employer reserves the exclusive right to accept or reject all or any part of the Tender
without stating reasons.
1.2.33 Employer Accepts No Obligation

The Employer has the right to accept or reject any or all offers or to cancel the Tender and
stop the bidding without giving any justification.
The Employer is not bound to accept the lowest offer or to give any explanation or reason
for its rejection.
The Employer will not be responsible for or pay for expenses or losses which may be
incurred by the Phase 1 Tenderer for the preparation of his Tender or as may be incurred
through the subsequent rejection or non acceptance of a Tender for any reason
whatsoever.
1.2.34 Validity of Tender

The Tender shall remain a valid offer open for acceptance at any time up to one twenty
(120) days from the Tender submission date.

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1.2.35 Canvassing
Any form of canvassing is strictly prohibited. If a Phase 1 Tenderer makes any
representation intended to influence the consideration of the Tenders either directly or
indirectly, his Tender shall be disqualified.
1.2.36 Neglect to Obtain Reliable Information

Any neglect or failure on the part of the Phase 1 Tenderer to obtain reliable information on
the spot or elsewhere upon the foregoing or any other matters affecting the execution,
completion and maintenance of the works and the Contract shall not relieve the accepted
Phase 1 Tenderer from any risks or liabilities or from the responsibility of completing and
handing over the works all as defined in the tender documents.
1.2.37 Evaluation of Tenders

The evaluation of Tenders shall be based on the following criteria:
1. The quality of the submission
2. The relevant experience of the Phase 1 Tenderer
3. The Phase 1 Tenderer‟s qualifications
4. The availability and quality of key personnel proposed by the Phase 1
Tenderer
5. The equipment capabilities demonstrated by the Phase 1 Tenderer
6. The quality of Health & Safety policies and project specific Health and Safety
Plan (HSE policies and plans to be included in Appendix „J‟ of the Letter to
Tender)
7. The Phase 1 Tenderer‟s Quality Assurance policies and procedures
8. The quality of the Phase 1 Tenderer‟s Method Statements, Programmes and
Logistics proposals
9. The Phase 1 Tenderer‟s Value Engineering proposals
1.2.38 Formal Contract (Not applicable for enhanced prequalification stage)

The Contractor who‟s Tender is accepted will be required to execute a formal Contract. If
the Contractor fails to sign the formal Contract Documents within fourteen (14) days of
notification that the Contract Documents are ready for signature then the acceptance of his
Tender shall be considered cancelled without prejudice to any rights or remedies the
Employer may have in respect of such failure. In so far as any of the said Conditions of
Particular Application may conflict or be inconsistent with any of the General Conditions,

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the Conditions of Particular Application shall always prevail.
1.2.39 Tender Bond (Not applicable for enhanced prequalification stage)

The Tenderer shall provide an unconditional tender bond valid for 120 days (as per Item
1.5 of Volume 1), with a provision for extension upon mutual agreement, in favour of the
party referred to as the Employer in these tender and contract documents in an amount
equal to 3% (three percent) of the tender amount stated in the form of tender. Such bond
shall provide a surety or sureties satisfactory to the Employer to be jointly and severally
bound with the Tenderer in a form approved by the Employer and the Contract
Administrator. The tender bond is to be submitted along with the tender document.
A tender submitted without a tender bond will be rejected.
A bond respect of another tender is not acceptable as the bond in respect of this tender
and a declaration to this effect, signed by the tender and the bond surety or sureties shall
be submitted with the tender documents.
The Tender Bond provided by unsuccessful Tenderers will be discharged one twenty (120)
days after the date fixed for delivery of tenders to the Employer, or such earlier date as a
tender shall have been accepted by the Employer and a performance security shall been
duly provided by the Tenderer whose tender is accepted.
Notwithstanding the above mentioned period of one twenty (120) days, the tender bond
provided by the Tenderer whose tender is accepted shall be discharged only upon the
receipt by the employer of the performance security referred to and defined in Item 1.2.38
here below and Item 1.6 of Volume 1.
If the Tenderer whose tender is accepted fails to provide the above mentioned
performance security at the time of receipt of the Contract Administrator 's order to
commence the full amount of the Tender Bond shall become payable to the Employer as
compensation for such default.
1.2.40 Performance Security

The successful Tenderer shall be required to provide a Performance Security according to
the Specimen contained in this Tender Document in the amount of ten per cent (10%) of

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the Accepted Contract Amount. In no event shall the performance security constitute a
ceiling or limitation of liability under the Contract.
The Performance Security shall be obtained from one of the Commercial Banks approved
by the Employer and shall be as set out in the form elsewhere in this document.
If a Letter of Acceptance is issued by the Employer, a maximum of fourteen (14) days will
be allowed for the delivery of the Performance Security. Failure by the Contractor to
produce the Performance Security within this timeframe will deem that the Contractor will
be expected to continue performing without payment until the Bond is received.
1.2.41 Advance Payment Guarantee
An advance payment may be requested by the successful Tenderer, once the Contract
Agreement has been signed, in the amount of ten per cent (10%) of the Accepted Contract
Amount. No advance payment shall be made until an “Advance Payment Guarantee” and
“Performance Security” have been submitted and approved by the Employer. The form of
the Advance Payment Security shall be as set out in the form elsewhere in this Tender
Document.
1.2.42 Insurances
All insurances, including those set out elsewhere in this Tender Document, shall be
obtained from one of the local insurance companies operating in Egypt and approved by
the Employer. Evidence shall be given to the Employer prior to the start of Works at the
Site that the insurances required under the Contract have been effected and shall, within
28 days of the Commencement Date, provide the insurance policies to the Employer.
1.2.43 Form of Design Collateral Warranty
If requested, the successful Tenderer will be required to supply to the Employer, design
collateral warranties, which will be engrossed using the wording provided under Appendix

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„L‟ of the appendices to the Letter of Tender.
1.2.44 Bill of Quantities (Not applicable for enhanced prequalification stage.)
1.2.45 List of Plant

The Enhanced Pre-qualification Tenderer shall insert in Appendix „A‟ to the Letter of Tender
a list of the plant he proposes to use on the site, including their year of manufacture
(maximum 4 years old), capacity, sizes and production rates. Prior to starting work at the
Site, evidence of relevant test certificates shall be provided for each item of plant proposed
to be used together with details of the operatives and evidence of their training /
certification to operate such plant.
1.2.46 Administrative/Supervisory Personnel

The Enhanced Pre-qualification Tenderer shall insert in Appendix „D‟ to the Letter of Tender
an organisation chart showing positions of principal personnel to be employed on this
Contract. As a minimum, full CV‟s shall be provided with the Tender for the following
personnel:-
 Project Director  Senior Quantity Surveyor

 Project Manager  Quantity Surveyor
 Contracts Manager  Planning Manager
 Technical Manager  Planning Engineer
 Construction Manager  Plant Manager
 Site Engineer  Health & Safety Manager
 Project Engineer  Safety Engineer
 Section Engineer  QA/QC Manager
 Commercial Manager  QA/QC Engineer
 Procurement Manager  Mall MEP Manager
 Cost Management Resource  MEP Coordination Engineer
(as per Clause 52.1)  Logistics Manager
 ELV Manager  Tenant Liaison Manager
 HVAC Manager  Commissioning Manager
 Chiller Plant Manager  Plumbing & Fire Fighting Manager
Each person offered for the above positions must be able to demonstrate 10 years relevant
experience in the role. The Enhanced Pre-qualification Tenderer shall, if requested, arrange
to call these individuals to interview during the tender phase. If successful, the Enhanced
Pre-qualification Tenderer will be expected to hold these personnel safe until the
commencement of the Contract.

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1.2.47 Method Statement
The Enhanced Pre-qualification Tenderer shall insert in Appendix „E‟ to the Letter of Tender
the methodology and phasing for the construction of the outline general scheme. This
should include the procedure, programme and timetable for the execution of the Works
identifying the critical paths to completion. This shall not in any way alleviate the
successful Tenderer of his requirement to prepare a detailed programme for the execution
of the Works, but should be complementary to it. Further details are provided under
Appendix „E‟.
1.2.48 Provisional, Sums, Prime Costs, Day works and Contingencies (Not
applicable for enhanced prequalification stage.)
The Provisional Sums, Prime Costs, Day works and Contingencies items as included in the
Bills of Quantities shall only be utilised by direct written instruction from the Contract
Administrator.
1.2.49 Confidentiality of Tender

Enhanced Pre-Qualification Tenderers shall not issue or allow to be issued any information
relating to this Tender to Television, Radio, Press or any other form of media without the
prior written permission of the Employer and shall not allow any part of this Tender
Document to be reproduced or given to a third party other than for the purpose of
preparing a bona fide Tender.

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1.3 Letter of Enhanced Pre-Qualification Tender and Appendices
LETTER OF TENDER
To be engrossed on official headed paper of the Enhanced Pre-Qualification Tenderer and

submitted to the Employer. All items marked [*] or any variation thereof shall be
completed by the Enhanced Pre-Qualification Tenderer. No terms shall be deleted from
this security nor shall any terms be added.
Note: Appendices A-L form part of this Tender.
To: Eng. Kamal Noon Hassan

Sirs,
Almaza City Centre – Enhanced Pre-Qualification
Main Contract
Letter of Tender
We have examined the Enhanced Pre-Qualification Tender Documents for the above-
named Works and hereby enclose our due submission for the above.
We confirm that should we be successful in our Enhanced Pre-Qualification tender and

shortlisted for phase 2 of the tender process that we will provide the specified Performance
Security, commence the Works as soon as is reasonably practical after the Commencement
Date and complete the Works in accordance with the above named documents within the
Time for Completion.
Yours faithfully
Signed by: ...........................................................

(Enhanced Pre-Qualification Tenderer)
Duly authorised to sign this Letter of Enhanced Pre-Qualification Tender for and on behalf
of the Enhanced Pre-Qualification Tenderer.
In the presence of:
Signed by: ...........................................................

(Witness)
Name: ...........................................................
Address: ...........................................................
Occupation: ...........................................................

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Appendix A – List of Plant
The Phase 1 Tenderer shall insert below the plant he proposes to use on the site, together
with their year of manufacture (maximum 4 years old), capacities, sizes and production
rates which should include the availability dates, type and number of sets of major plant.
All plant shall be identified as either “owned” or “hired”.
Note: Failure to complete this Appendix may invalidate the Tender.

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Appendix B – Certification of Site Inspection

submitted with the Letter of Tender to the Employer. No terms shall be deleted from this
security nor shall any terms be added. Failure to comply will result in the Tender being
disqualified.

Sirs,

Main Contract
Certification of Site Inspection
We hereby certify that we have visited the proposed construction site and familiarised
ourselves with the prevailing conditions. We fully understand the extent and character of
the operations described and shown in this Tender Document including the Drawings and
the Specification.
Yours faithfully
Signed by: ........................................................... (Enhanced Pre-Qualification

Tenderer)
Date: …………………….…………………….
Duly authorised to sign this Declaration of Compliance for and on behalf of the Enhanced
Pre-Qualification Tenderer.

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Appendix C – Subcontractors
The Enhanced Pre-Qualification Tenderer shall insert below the portions of the Works he
proposes to subcontract together with the names and addresses of the respective sub-
contractors/suppliers whom he proposes to employ.
The provision of this information shall not release the Enhanced Pre-Qualification Tenderer
whose Tender is accepted from obtaining the consent of the Contract Administrator to the
subcontracting of any part of the Works as required by the Conditions of Contract.
Enhanced Pre-Qualification Tenderers shall provide the names of all proposed

Subcontractors/Suppliers and for a particular job or element.

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Appendix D – Administrative/Supervisory Personnel
The Enhanced Pre-Qualification Tenderer shall enclose an organisation chart showing the
position of principal personnel within the Enhanced Pre-Qualification Tenderers organisation
to be employed on this contract. As a minimum, full CV‟s including details of qualifications
shall be provided with the Tender for the following personnel:-
 Project Director  Senior Quantity Surveyor

 Project Manager  Quantity Surveyor
 Contracts Manager  Planning Manager
 Technical Manager  Planning Engineer
 Construction Manager  Plant Manager
 Site Engineer  Health & Safety Manager
 Project Engineer  Safety Engineer
 Section Engineer  QA/QC Manager
 Commercial Manager  QA/QC Engineer
 Procurement Manager  Mall MEP Manager
 Cost Management Resource  MEP Coordination Engineer
(as per Clause 52.1)  Logistics Manager
 ELV Manager  Tenant Liaison Manager
 HVAC Manager  Commissioning Manager
 Chiller Plant Manager  Plumbing & Fire Fighting Manager
Note: All key personnel should comply with the local labour regulations enforced in Egypt.

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Appendix E – Method statement
The Enhanced Pre-Qualification Tenderer shall state below a general scheme of procedure,
and attach a programme and timetable for the execution of the Works. He should provide
method statements on A3 size paper in 2 month snapshots which should be in annotated
pictogram form and read in conjunction with written method statements. This shall not in
any way alleviate the successful Enhanced Pre-Qualification Tenderer of his requirement to
prepare a detailed programme for the execution of the Works, but should be
complementary to it. The method statements and accompanying contractor programme
should be developed in conjunction with the “Schedule of Milestones” found under Volume 1
Section 3.
A non-exhaustive list of what the Enhanced Pre-Qualification Tenderer should consider for
their overall methodology is provided below:-
 Access routes
 Accommodation, welfare and mock up facility
 Work areas, phasing and direction of working through the contract duration.
 Temporary works
 Vehicle/pedestrian segregation
 Crane locations
 Hoists
 Scaffolds
 Temporary electrics distribution
 Any other areas of particular note
This Enhanced Pre-Qualification Tenderer should consider all areas of the project,
including:-
 Energy Centre
 Mall
 Carrefour
 Car parks
 Roads
 Service connections

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The following is non exhaustive list the Enhanced Pre-Qualification Tenderer may consider
for specific Outline Method Statements and Sequencing:-
 Bringing of services to the site

 Foundations
 Crane strategy (Towers/mobiles/crawlers or other)
 Structure
 Access regime (scaffolds/birdcages/Platforms etc‟)
 Pre- fabrication elements
 Envelope
 Temporary weathering
 Glazed roof structures
 MEP
 Stone flooring and movement joints
 Suspended ceilings and co-ordination of services
 Testing and commissioning
 Tenant interface and management

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Appendix F – Declaration of Compliance

submitted with the Letter of Tender to the Employer. No terms shall be deleted from this
security nor shall any terms be added. Failure to comply will result in the Tender being
disqualified.


Sirs,

Main Contract
Declaration of Compliance
We have examined thoroughly all the Tender Documents relating to the above-named
project. We have visited the proposed construction site and familiarised ourselves with the
prevailing conditions. We are also aware of the requirements for working in Egypt and with
all the relevant Laws and Regulations.
We undertake to execute and complete the Works and remedy any defects therein for the
above-named project in conformity with this Tender without any reservations, qualifications
or conditions whatsoever.
We further accept that our Tender will be disqualified should it include any reservations,
qualifications or conditions of any kind and that under these circumstances we shall have no
grounds for appeal of compensations.
Yours faithfully
Signed by: ........................................................... (Enhanced Pre-Qualification

Tenderer)
Date: …………………….…………………….
Duly authorised to sign this Declaration of Compliance for and on behalf of the Enhanced
Pre-Qualification Tenderer.

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Appendix G – Certificate of Independent Price Determination (Not applicable for
enhanced prequalification stage)
To be engrossed on official headed paper of the Tenderer and submitted with the Letter of
Tender to the Employer. No terms shall be deleted from this security nor shall any terms be
added. Failure to comply will result in the Tender being disqualified.

Maadi City Centre El Me‟raj City,
Sirs,
Almaza City Centre

Main Contract
Certificate of Independent Price Determination
We declare and certify that:
1. The prices in our Tender have been arrived at independently by us, without any
consultation, communication, or agreement for the purpose of restricting competition, with
any other Tenderer or competitor relating to (i) agreed prices, (ii) the intention to submit a
Tender, or (iii) the methods of factors used to calculate the prices offered;
2. The prices in our Tender have not been and will not be knowingly disclosed by us, directly
or indirectly, to any other Tenderer or competitor before tender opening (in the case of a
sealed Tender) or contract award (in the case of a negotiated Tender) unless other wise
required by law; and
3. No attempt has been made or will be made by us to include any other Phase 1 Tenderers to
submit or not to submit an offer for the purpose of restricting competition.
We further accept that our Tender will be disqualified should it be proved that we have
acted in breach of the above declarations and that our company may be blacklisted.
Yours faithfully
Signed by: ........................................................... (Tenderer)
Date: …………………….…………………….
Duly authorised to sign this Certificate of Independent Price Determination for and on behalf
of the Tenderer.

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Appendix H – Power of Attorney
The Enhanced Pre-Qualification Tenderer is to provide proof that Power of Attorney is given
to a named person, for whom details are to be given, representing the Contractor
submitting the Tender Documents and related documentation.

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Appendix I – Alternative Tenders
If the Enhanced Pre-Qualification Tenderer wishes or is required to submit an alternative

tender to that required in accordance with the Tender Documents, details of such
alternative should be stated below.
No alternative tender shall be considered unless a compliant Tender based on the original
tender requirements is submitted.

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Appendix J – Outline Safety Plan and Company Quality Policy Statement
The Enhanced Pre-Qualification Tenderer is to provide his Outline Safety Plan and Quality
Policy Statement for the Works comprising but not limited to the management,
organisation, policy, and procedures to be adopted. For further details regarding Site
Health & Safety requirements please refer to the HSE Management Plan found under
Volume 5 Section 5.7.

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Appendix K – Contractor Sustainability Requirements
The Enhanced Pre-Qualification Tenderer shall confirm that he has read and understood the
attached Sustainability Requirements and attach such compliance statements as directed.

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Appendix L – Design Collateral Warranty
The Phase 1 Tenderer shall confirm that he has read and understood the attached, Form of
Design Collateral Warranty and attach a compliance statement to support this. The
Contractor is to advise which elements will be sub-contractor design within this statement.

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SPECIMEN
COLLATERAL WARRANTY
BETWEEN
[SUBCONTRACTOR]
and
[MAF PROPERTIES EGYPT S.A.E]

and
[CONTRACTOR]

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THIS AGREEMENT is made on this ______ day of _____ 201__
BETWEEN:
(1) [subcontractor name], a [limited liability company], operating under Licence No.
[●] of PO Box [●],[place of registration] (the “Subcontractor”);
(2) [MAF Properties Egypt SAE] a limited liability company of PO Box [●], [place of
registration of relevant MAF entity], (the “Employer”); and
(3) [●], a [●], operating under Licence No. [●] of P.O. Box [●], [place of registration]
(the “Contractor”).
(the Subcontractor, Employer and the Contractor are together referred to as the “Parties”).
WHEREAS:
(A) The Employer has appointed the Contractor under an agreement, reference
[contract reference] dated [contract date] (the “Main Contract”) to act in the capacity
of main contractor in relation to the [●] development by the Employer at [●] (the “Works”)
(B) The Contractor has appointed the Subcontractor under an agreement dated
[subcontract date] (the “Subcontract”) to provide the [design and] construction of
[description of subcontract works] (the “Subcontract Works”).
(C) It is a term of the Main Contract that the Parties enter into this Agreement.
In consideration of the award of the Main Contract and the Subcontract IT IS AGREED as
follows:
Interpretation and Application
In this Agreement:
words and definitions herein shall have the same meanings as ascribed to them in the Main
Contract.
references to the Employer, the Contractor and the Subcontractor shall be deemed to
include references to those deriving title under them.
each reference to this Agreement or to any other document, contract or agreement shall
include a reference to each permitted variation of or supplement to this Agreement and
such document, contract or agreement as amended, varied or supplemented from time to
time.
nothing contained in this Agreement will have the effect of altering any of the Contractor‟s
obligations pursuant to the Main Contract.
the Employer shall not by virtue of this Agreement incur any liability to the Subcontractor
for or in respect of any obligation of the Contractor to the Subcontractor.
in the event of any conflict or inconsistency between this Agreement or the Subcontract and

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the Main Contract, the Main Contract shall prevail.
references to the singular includes the plural and vice versa;
the headings do not affect its interpretation.
Warranties and Undertakings
The Subcontractor agrees with the Employer that:
(a) the Subcontractor has exercised and will continue to exercise all the reasonable skill,
care and diligence to be reasonably expected of an appropriately qualified and competent
subcontractor experienced in carrying out work of a similar nature, size, scope and
complexity as the Subcontract Works in:
(i) the design of the Subcontract Works insofar as the Subcontract Works have been or
will be design by the Subcontractor, its servants, agents, subcontractors or suppliers; and
(ii) the selection of materials and goods for the Subcontract Works insofar as such
materials and goods have been or will be selected by the Subcontractor its servants,
agents, subcontractors or suppliers;
(b) it has fulfilled, or will fulfil, the obligations and responsibilities that the Contractor
has assumed under the Main Contract insofar as and only to the extent that such
obligations and responsibilities relate to the Subcontract Works;
(c) the Subcontract Works provided or to be provided by the Subcontractor shall comply
with any performance criteria or other applicable requirements set out in the Subcontract
and the Main Contract and with all statutory requirements; and
(d) it has performed and shall continue properly and diligently to perform all of its
obligations under the Subcontract and will owe the same contractual duties to the Employer
as those owed by the Subcontractor to the Contractor.
(e) the Subcontractor will not claim any amounts due to it from the Contractor from the
Employer.
The Contractor agrees that:
(a) it shall remain liable for the work carried out by the Subcontractor.
(b) it shall remain liable for payment of the Subcontractor‟s entitlements.

Documents and Copyright
All plans drawings, specifications, calculations, designs, graphs, sketches, design, details,
models, computer programmes, photocopying, brochures, reports, notes of meetings,
codes, data, documents and other written or recorded material produced by or on behalf of
the Subcontractor in connection with the performance of the duties and functions of the

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Subcontractor pursuant to the Subcontract (the “Drawings”) shall become and remain the
sole property of the Employer and the copyright and other intellectual property or other
rights therein shall, to the extent possible under law, vest exclusively in the Employer.
Without prejudice to the foregoing, the Subcontractor shall grant to the Employer an
irrevocable royalty free licence to use and reproduce the Drawings for all purposes relating
to the Subcontract Works or Works including the completing, operating, maintaining,
adjusting, modifying, extending, repairing or replacing of the Subcontract Works or Works.
The Subcontractor shall upon the written request of the Employer provide to the Employer
copies of the Drawings and such other information in relation to the Works as the Employer
may reasonably request.
Assignment
The Employer may (without the consent of the Subcontractor being required) assign the
benefit of its rights and entitlements under this Agreement and/or any of the present or
future rights, interests and benefits of the Employer hereunder:
by way of security to any person providing finance or re-finance in connection with the
Works;
to any group company of the Employer where group company means any company which is
a subsidiary (whether immediate or otherwise) of the Employer or which the Employer is a
subsidiary of which has the same holding company (whether immediate or otherwise) as
the Employer, and any company, partnership or other entity controlled by or under common
control with the Employer;
to any other person, up to a maximum of five occasions.
The Subcontractor shall not assign this Agreement or any rights or entitlements arising
pursuant to this Agreement.
Professional Indemnity Insurance
The Subcontractor agrees with the Employer that the Subcontractor has in force a policy of
professional indemnity insurance covering the liabilities of the Subcontractor for any
negligent act, error or omission under the Subcontract and this Agreement, in the amount
of US$ 10 Million for the occurrence of any one event.
The Subcontractor agrees to review and maintain such insurance at all times until 10 years
after the Employer takes over the Works pursuant to the Main Contract, provided such
insurance is available on commercial reasonably terms having regard to premiums required
and policy terms obtainable.
If for any period such insurance is not available on commercially reasonable terms, the
Subcontractor shall inform the Employer and shall obtain in respect of such period such

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reduced level of professional indemnity insurance as is available and as would be fair and
reasonable in the circumstances for the Subcontractor to obtain.
Whenever reasonably required by the Employer, the Subcontractor shall provide to the
Employer documentary evidence that the insurance required under this Agreement is being
maintained.
Indemnity
The Subcontractor shall be liable for and shall indemnify the Employer against any expense,
liability, loss, claim or proceedings whatsoever arising in respect of:
personal injury to or the death of any person insofar as such injury or death arises out of or
in the course of or is caused by the Subcontract Works unless due to any act or default of
the Employer or that of any of the Employer‟s officers or employees; or
any damage to any real or personal property insofar as such damage is due to the
negligence, breach of statutory duty, omission or default of the Subcontractor or any person
engaged by or on behalf of the Subcontractor in the carrying out of the Subcontract Works.
Approvals and Inspections
No approval or inspection of the Works or of any designs or specifications and no testing of
any work or materials by or on behalf of the Employer and no omission to inspect or test
shall negate or diminish any duty or liability of the Subcontractor under this Agreement.
Termination of Main Contract
The Subcontractor agrees that if it is notified by the Employer of the default of the
Contractor under the Main Contract or termination of the Main Contract, the Subcontractor
will, if required by the Employer, accept the instructions of the Employer or its
representative to the exclusion of the Contractor in respect of the Subcontract Works upon
the terms and conditions of the Subcontract.
Contractor
The Contractor agrees that he will not take any steps which would prevent or hinder the
Employer from exercising his rights under this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws governing
the Main Contract.
Arbitration
Any dispute arising between the Employer and Subcontractor out of the formation,
performance, interpretation, nullification, termination or invalidation of this Agreement or
arising therefrom or related thereto in any manner whatsoever shall be settled by
arbitration in accordance with the rules of the Cairo Regional Centre for International
Commercial Arbitration ("Rules of Arbitration") at the Cairo Regional Centre for

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International Commercial Arbitration ("Centre of Arbitration"). Unless otherwise agreed
between the Employer and Subcontractor, the dispute will be settled by three arbitrators
appointed as per the Rules of Arbitration. The language of arbitration will be English and the
place of arbitration will be in Cairo. The arbitral award shall be final and binding upon the
Subcontractor and Employer and shall not be subject to any appeal. The Employer may join
the Subcontractor in any dispute between Employer and Contractor if it relates to work
carried out by the Subcontractor.
Notices
A notice under or in connection with this Agreement shall be:
(i) in writing;
(ii) In the English language; and
(iii) Served by delivering to the same addresses noted in this Agreement.
Execution
Each Party warrants that the signatory appearing below is a duly authorised signatory of
that Party.

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SIGNING PAGE
Duly authorised to sign this Agreement for and on behalf of the Employer
Signature: ___________________ Signature: ___________________

Name: ___________________ Name: ___________________
Position: ___________________ Position: ___________________
In the presence of:
Signature: ___________________
Name: ___________________
Address: ___________________
Duly authorised to sign this Agreement for and on behalf of the Subcontractor
Signature: ___________________
Name: ___________________
Position: ___________________
In the presence of:
Signature: ___________________
Name: ___________________
Address: ___________________
Duly authorised to sign this Agreement for and on behalf of the Contractor
Signature: ___________________
Name: ___________________
Position: ___________________
In the presence of:
Signature: ____________________
Name: ____________________
Address: ____________________

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Appendix M – Contractors Design Portion
The Enhanced Pre-Qualification Tenderer is advised that the following item will be included
in the Contractors Design Portion:
 A Pedestrian Cross Over Bridge on the Suez Ring Road, including any utility
diversion if needed

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Appendix N – Quality Assurance/Quality Control Procedure
The Enhanced Pre-Qualification Tenderer shall submit with his tender details of his proposed
quality assurance and quality control procedures.

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Appendix O – Contractors Traffic Management Plan
The Enhanced Pre-Qualification Tenderer include in this Appendix a traffic management

plan as detailed in Item 1.2.16

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1.4 Contract Agreement (Not applicable for enhanced prequalification stage)
THIS AGREEMENT is made the [•] day of [ • ]
Between
[ • ] of P.O. Box [ • ], [ • ] (hereafter called “the Employer”) part of the one part
and
[ ] [Details of the Contractor to be filled in]
(hereinafter called “Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works should be
Executed, viz:-
THE CONSTRUCTION, COMPLETION AND MAINTENANCE OF THE CONTRACT NO. [ •

] FOR [ • ]
And has accepted a Tender by the Contractor for the execution, completion and
maintenance of such Works NOW THIS AGREEMENT WITNESS as follows:-
1. In this Agreement words and expressions shall have the same meaning as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following Documents shall be deemed to form and be read and construed as part
of this Agreement, viz:-
(1) Contract Agreement

(2) Letter of Acceptance
(3) Conditions of Contract
(4) Appendix to Tender
(5) The Tender
(6) Drawings
(7) Specifications
(8) Bills of Quantities
(9) Any other document forming part of the Contract
3. In consideration of the payments to be made by the Employer to the Contractor as

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hereinafter mentioned, the Contractor hereby covenants with the Employer to
execute, complete and maintain the Works in conformity in all respects with the
provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor the sum of [ • ], (hereinafter
referred to as “The Contract Price”) or such other sum as shall become payable
under the terms and conditions of the Contract.
IN WITNESS whereof the parties hereto have caused their respective Common Seals to be
hereunto affixed or have hereunto set their respective hands, the day and year first above
written.
SIGNED BY …………………………………………………………………..
Duly authorised to sign this Contract on behalf of the CONTRACTOR
Company Seal:
SIGNED BY …………………………………………………………………….
Duly authorised to sign this Contract on behalf of the EMPLOYER
SIGNED BY …………………………………………………………………….
Duly authorised to sign this Contract on behalf of the EMPLOYER
Company Seal:

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1.5 Tender Bond (Not applicable for enhanced prequalification stage)
TO: MAJID ALFUTTAIM PROPERTIES EGYPT S.A.E.

Maadi City Centre – Kattameyia
Ring Road, Me'raj City – Cairo – Egypt
Dear Sirs,
Almaza City Centre Phase (1) – Main Works Package
Tender Bond No……………..
Where our client (name of tendering organization), (referred to hereinafter as "the Phase 1
Tenderer") is tendering for the execution, completion and defects rectification of the above named
works.
And where the form of tender provides that the tender shall be accompanied by a Tender Bond in
the amount of three (3) percent of the tender sum EGP……………… (Egyptian
pounds…………………………..). we (name of bank) hereby irrevocably and unconditionally
undertake that forthwith, upon our receiving written notice from you stating that in your sole and
absolute judgment the Phase 1 Tenderer has failed to observe or perform any of the terms
conditions or provisions of tender we will notwithstanding any objection which may be made by the
Phase 1 Tenderer, pay to you the amount for which this bond is valid.
This Bond shall be valid from the date hereof in its full amount, namely EGP…………(Egyptian
Pounds……………………………..) and shall continue to be so valid for a period of one twenty
(120) days from the date fixed receiving the tenders, or, if it be earlier and the Phase 1 Tenderers
tender has been accepted, the date of delivery to you of the performance Bond (as defined in the
conditions of contract).
This Bond shall not be valid with respect to any written noticed received by us after the latter date
and after that date will be null and void.
Yours faithfully
[Authorized signatory]
[Position held]
[Name of bank]

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1.6 Performance Security (Not applicable for enhanced prequalification stage)
SPECIMEN FORM OF PERFORMANCE BOND
Dated: [_•_]
To : [Majid Al Futtaim Properties Egypt S.A.E

Maadi City Centre Mall -Al Me‟raj City
Kattameyia Ring Road
Cairo, Egypt
Dear Sir,
Sub: Performance Bond No [_•_] for [_•_]
Messrs [_] have declared that their Tender for the construction of the above named works
has been accepted, we hereby unconditionally and as a primary obligation undertake to pay on
demand to [Majid Al Futtaim Properties Egypt S.A.E] as the Employer under the Main
Contract“ The Main Contract Package for Almaza City Centre, Egypt” , which expression
includes your assignees, the sum of [_•_] such amount being 10 % of Contract Sum. This
Bond shall be free of interest and payable in cash on your first demand, without the
Contractor or any person on his behalf or ourselves having the right to suspend or delay
payment or to object thereto for any reason whatsoever.
This Bond is valid until [_•_] and shall, one month before expiry, be automatically renewed
for a further 12 months until the final Defects Liability Certificate has been issued or until,
advised by you that the Main Contract has been fulfilled. Claims notified before the expiry date
shall continue to be valid notwithstanding such expiry.
This Bond shall be capable of assignment by you with prior written notice to:
i) any Affliliate of Majid Al Futtaim to whom you assign or novate the Main Contract; and/or
ii) by way of security to any entity or entities providing finance in connection with the Main
Contract or to any agent or trustee of such entity or entities providing such Finance.

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Our obligations hereunder constitute direct primary, irrevocable and unconditional obligations, shall
not require any previous notice to or claim against the Contractor and shall not be discharged or
otherwise prejudiced or adversely affected by:
i) any time, indulgence, waiver, concession or forbearance which you may grant to the
Contractor or any negligence by you in enforcing any right of action or remedy you may have
against the Contractor under the Main Contract;
ii) any amendment, modification or extension which may be made to the Main Contract or the
works performed thereunder or any suspension of such works;
iii) any intermediate payment or other satisfaction made by us;
iv) any change in the constitution or organization of the Contractor;
v) any termination of the Main Contract or of the employment of the Contractor;
vi) any other bond, security or guarantee held or obtained by you for any of the obligations of the
Contractor under the Main Contract or any release or waiver thereof;
vii) any act or omission of the Contractor pursuant to any other arrangement with ourselves;
or
viii) any other matter or thing which in the absence of this provision would or might have that effect
except a discharge or amendment hereof expressly made or agreed to by you in writing.
This Bond shall be governed by and construed in accordance with the laws of [_Arab
Republic of Egypt•_].
Yours faithfully,
(Authorised Signatory)
(Position Held)
(Name of Bank)

page 73
1.7 Advance Payment Guarantee (Not applicable for enhanced prequalification stage)
To be engrossed on Bank headed paper and addressed to the Employer.

No terms shall be deleted from this Advance Payment Guarantee nor shall any
terms be added.
Dated: [_•_]
TO : [Majid Al Futtaim Properties Egypt S.A.E
Maadi City Centre Mall -Al Me‟raj City
Cairo, Egypt]
OUR REF.: [_•_]
Dear Sirs,
Since you, [_Majid Al Futtaim Properties Egypt S.A.E], as the Employer, which expression
shall include your assignees, have awarded our client, [_] (the “Contractor”), whose
registered office is situated at [_•_] a contract for the execution and completion of the [__]
(“Main Contract”).
We [BANK NAME], whose registered office is situated at [BANK ADDRESS], hereby
unconditionally undertake as a primary obligation to pay an amount not exceeding [_•_]
BEING 10 % of the value of the Main Contract.
We hereby unconditionally undertake to pay an amount or amounts not exceeding in
aggregate the above mentioned figure which is [_•_] upon receiving your written notice or
notices according to your absolute judgment, stating that the Contractor has failed to
comply with the conditions of the Main Contract or has become insolvent. The actual
amount guaranteed at any time shall be the above mentioned amount less the amount
repaid by the Contractor by deduction from interim payment made to the Contractor of the
Contract Administrator‟s certificate as advised by the Contractor to us.
The guarantee shall come into effect from the date the advance payment of [_•_] is
credited to the Contractor‟s account No. [INSERT ACCOUNT NUMBER] quoting our
guarantee ref. No. [REFERENCE NUMBER].
The validity of this guarantee extends until [_•_] and will automatically renew 1 month
prior to expiry for a further 12 months until all the advance payment has been totally repaid
to the Employer as advised by yourselves, Claims notified before the expiry date shall
continue to be valid notwithstanding such expiry.
This Guarantee shall be capable of assignment by you with prior written notice to:

page 74
i) any Affiliate of Majid Al Futtaim to whom you assign or novate the Main Contract;
and/or
ii) by way of security to any entity or entities providing finance in connection with the
Main Contract or to any agent or trustee of such entity or entities providing such Finance.
Our obligations hereunder constitute direct primary, irrevocable and unconditional

obligations, shall not require any previous notice to or claim against the Contractor and
shall not be discharged or otherwise prejudiced or adversely affected by:
i. any time, indulgence, waiver, concession or forbearance which you may grant to the
Contractor or any negligence by you in enforcing any right of action or remedy you may
have against the Contractor under the Main Contract;
ii. any amendment, modification or extension which may be made to the Main Contract or
the works performed thereunder or any suspension of such works;
iii. any intermediate payment or other satisfaction made by us;
iv. any change in the constitution or organization of the Contractor;
v. any termination of the Main Contract or of the employment of the Contractor;
vi. any other bond, security or guarantee held or obtained by you for any of the obligations
of the Contractor under the Main Contract or any release or waiver thereof;
vii. any act or omission of the Contractor pursuant to any other arrangement with ourselves;
or
viii. viii any other matter or thing which in the absence of this provision would or might have
that effect except a discharge or amendment hereof expressly made or agreed to by you
in writing.
This Guarantee shall be governed by and construed in accordance with the laws of [_Arab
Republic of Egypt •_].
You should submit your request within the period of the validity of this guarantee.
Yours truly
[BANK NAME AND ADDRESS]

page 75
1.8 Insurances
The Contractor shall, at its sole expense, effect and maintain at all times during the
carrying out of the Works (and for any longer periods as are required) insurances as
follows.
1.8.1 Standard Insurances

1 Allow for all insurances required by the Contract including inter alia:
2 Workmen's Compensation and Employers Liability insurance to cover personal
injuries (including death and disability) and occupational illnesses of Employees
resulting from or occurring in connection with the execution and completion of the
Works which forms the basis of this Agreement. Such insurance shall cover no less
than the employer‟s obligations under the labour laws or Social Insurance laws of
Egypt. The limit of liability in respect of Employers Liability insurance shall be no less
than Egyptian Pounds Seven Million and Five Hundred Thousand only ( L.E.
7,500,000) in respect of each and every occurrence (Refer to clause 23 of the
contract).
3 Automobile Liability Insurance for all owned, hired, borrowed, rented and non-owned
automobiles and equipment and as otherwise required by Laws of the Country,
including cover for passengers, with limits of not less than EGP 40,000 for any one
accident.
4 Any other insurance required by the Laws of the Country including but not limited
to:-
 Motor third party bodily injury
 Accidents to railway and metro passengers
 Aviation third party liability
 Decennial liability for Architects and Contractors
 Third party liability on lifts
1.8.2 Special Operations Insurance

1 Should the Works involve transporting equipment or materials intended to be
permanently incorporated into the Works and which are:
(a) procured from outside of the Country, or
(b) procured from within the Country and valued in excess of US$500,000 per item.
2 The Contractor shall effect and maintain transit insurance covering damage to such
equipment or materials with a sum insured of at least CIF plus 10%. Such insurance

page 76
shall provide coverage from warehouse to site including loading and unloading and
including any temporary storage en-route.
1.8.3 Professional Indemnity Insurance

Professional Indemnity Insurance covering all design liability under the Contract with
reputable insurers acceptable to the Employer and without unusual or onerous conditions or
exclusions attached to it and in the amount of not less than the amount set out in the
Appendix to Tender for each and every claim for the period beginning on the date of the
Contract and ending ten (10) years after the date of the taking-over notice for the whole of
the Works.
1.8.4 Insurance Against Injury to Persons and Damage to Property

Insurance which complies with the Contract in the amount set out in the Appendix to
Tender.

page 77
1.9 Appendix to Tender
Particulars of Contract Clause No. Data
Employer‟s name and address 1.1 MAF Properties Egypt SAE

Maadi City Centre Mall
Al Me‟raj City
Cairo, Egypt
Tel: +202 2520 4000

Fax: +202 2520 4409
Contractor‟s name and address 1.1 [Insert Contractor‟s name]
[Insert address]
Tel:
Fax:
Contract Administrator‟s name 1.1
and address Mace (Egypt)
10 Obour Buildings, Apt.101
Salah Salim St.
Cairo
Project Manager‟s name and 1.1 11371

address
Egypt
Tel: +20 (2) 240 54 682
Fax: +20 (2) 240 54 687

page 78
Total advance payment 1.1, 60.1B 10% of the accepted Contract

Price*
*Subject to a formal written
request by the Contractor and
production of an Advance Payment
Guarantee
Advance Payment Bond 1.1, 60.1B Amount of 10% of the Contract

Price
Form of Advance Payment Bond in
Item 1.7
Start repayment of advance - From Interim Payment No. 1
payment
10% deducted from the gross
amount of each payment prior to
deduction of retention
Number and timing of - 1 instalment

instalments
Governing Law 5.1 & 90.1 Egyptian Law
Ruling Language 5.1 English
Amount of Performance Security 10.1 10% of the accepted Contract

Price, in the currencies and
proportions in which the Contract
Price is payable
Motor Vehicle Third Party and 21.4 Minimum of EGP 40,000 in respect
Passenger Liability Insurance – of each and every occurrence
Damage to Property

page 79
Insurance against accident to 23.2 Minimum of EGP 7,500,000 in

workmen respect of each and every
occurrence
Evidence of Contractor‟s 24.1 Within 28 days of Commencement
insurance on site
Adequacy of Contractor‟s 24.2 Contractor‟s responsibility as per

insurance clause 24.2
Time for access to the site 42.1 To be in accordance with the

Contract Commencement Date
Time for Completion of the 43.1 Refer to Schedule of Milestones –

Works Section 3
Normal Working Hours 45.2 08h00 to 18h00 Saturday to

Wednesday
08h00 to 13h00 Thursday
Friday (Day of Rest) - Site Closed
Contractor‟s Working Hours 45.3 To be proposed by the Contractor

and agreed with the Employer
Delay damages for the Works 47.1 Liquidated Damages as set out in
the “Schedule of Milestones”
Section 3 of Volume 1
-
Maximum amount of delay Refer to Schedule of Milestones”
Damages Section 3 of Volume 1

page 80
Liquidated Damage for Milestone 47.1 The liquidated damage identified in

Dates Clause 47.1 shall also be applied
where Critical Path Milestones as
identified in the Contract
Documents are missed.
*Please refer Section 3 – Schedule

of Milestones
Defects Liability Period (for the 49.1 365 days calculated from the date
entire works) of substantial completion of the
Works certified by the Contract
Administrator in accordance with
Clause 48
Percentage for the adjustment of 58.2 & 59.1 ___________% overheads and
Provisional Sums & 59.2 profit.
To be stated by the Contractor.
Amounts and adjustments 60.1 Employer has no liability for

fluctuations
Materials for inclusion into the 60.2 Payment will be certified at 70% of
permanent works the invoiced amount
Percentage of Retention 60.3 10%
Currency and proportions 60.13 100% in Egyptian Pounds
Date by which the Arbitration 67.3 Within 15 day‟s of the Employer‟s

should be appointed and Contractor‟s nominations for
Arbitration Members.

page 81
Adjustments for changes in cost 70.1 Clauses (a) and (b) apply
Currency Restrictions 71.1 Employer has no liability for

restrictions
Professional Indemnity Insurance 99.9 USD 2,000,000 in respect of each

and every occurrence
……………………………………. …………………………………….
Signed for the Phase 1 Tenderer Date

page 82

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ALMAZA CITY CENTRE PROJECT

Enhanced Pre-Qualification Documents

Enhanced Pre-Qualification Doc Vol One rev 3 - 16-10-14 KNOON.doc

SECTION 1 TENDER PARTICULARS

SECTION 2 CONDITIONS OF CONTRACT

SECTION 3 SCHEDULE OF MILESTONES

VOLUME 2 DRAWINGS & OUTLINE SPECIFICATION

PART A OUTLINE SPECIFICATION

PART B Architectural, Landscape Drawings

SECTION 1 Geotechnical Report

Almaza City Centre - Enhanced Pre-Qualification

Almaza City Centre - Enhanced Pre-Qualification

Almaza City Centre - Enhanced Pre-Qualification

1.1 Documents Checklist

Failure to complete this checklist may invalidate the Tender.

1.1.1 Enhanced Pre-Qualification Documents Received by the Tenderer

1.1.2 Enhanced Pre-Qualification Documents Submitted by the

Almaza City Centre - Enhanced Pre-Qualification

Phase 1: (Enhanced Pre-Qualification Process)

Phase 2: (The tender)

Almaza City Centre - Enhanced Pre-Qualification

MAF Properties Egypt S.A.E

And copied to:

1.2.2 Export Credit Financing

1.2.3 The Project

1.2.4 Location of Site

1.2.3.1 Title of the Works

Almaza City Centre - Enhanced Pre-Qualification

1.2.6 Scope of the Works

1.2.7 Submission of Tenders

1.2.8 Alternative Tender And / Or Value Engineering Proposals

a) Alternative tender and / or value engineering proposals will be considered only

Almaza City Centre - Enhanced Pre-Qualification

5. Any other alterations

g) If such alterations necessitate redesign, the Phase 1 Tenderer will be required to

1.2.9 Site Inspection

Almaza City Centre - Enhanced Pre-Qualification

MAF Properties Egypt S.A.E

And copied to:

1.2.10 Physical Conditions

1.2.11 Working Hours

1.2.12 Tender Documents

Almaza City Centre - Enhanced Pre-Qualification

1.2.13 Tender Information

Almaza City Centre - Enhanced Pre-Qualification

If the Enhanced Pre-Qualification Tenderer requires clarification or interpretation in the

1.2.17 No Alteration to Documents

1.2.18 Dates for Provision of Site and Completion

Almaza City Centre - Enhanced Pre-Qualification

1.2.19 Traffic Management Plan

Additionally the Enhanced Pre-Qualification Tenderer should make themselves aware of

1.2.20 Local Agent

1.2.21 Time Frame

Almaza City Centre - Enhanced Pre-Qualification

1.2.23 Completion of Documents (Not applicable for enhance prequalification stage)

1.2.24 Pricing (Not applicable for enhanced prequalification stage)

Almaza City Centre - Enhanced Pre-Qualification

Almaza City Centre - Enhanced Pre-Qualification

1.2.27 Quality Assurance /Quality Control Procedure