SCOPE OF WORK (SOW) -TECHNICAL

REF #: P/2024/FAP/T/062 SOW ISSUE DATE: 24/07/2024

LOCATION: HAMARIAN TOWER – UBS# 708 PRIORITY: HIGH

Scope Brief:
Removal of all marble tiles from façade.
Current Condition:
The marble tiles on the building façade are very old and cracked, requiring immediate removal to ensure
safety and prevent accidents that may be caused by falling tiles.
Scope of Work:
 Installation of scaffolding protection all around the building.
 Remove and dispatch marble from all elevations.
 Repair and fill all gaps between aluminum frames and concrete wall using special filling materials
(foam and silicone).
 Plaster all elevations with readymade mixed cement.
 Painting all facade using following steps:
-Apply 2 coat tex primer.
- Apply tex compound.
- Apply topcoat Jouta shield.
 Cleaning the building’s facade glass & aluminum after work completion.
 Appointment of consultant and associated fees to be included in the proposal.
 Authority permits to be obtained by contractor.
 All fees associated with obtaining authority permits shall be the responsibility of the contractor.
 Contractor to provide temporary signboards for all shops in the building.

Quality Assurance:
 Ensure that all supplied materials meet industry safety standards and as per ADCD standard.
 Conduct thorough testing post-installation to guarantee operational efficiency.

Warranty and Maintenance:

 1 year against Manufacture Defects and Workmanship.
Timeline:
 Provide a detailed schedule outlining the stages of supply and installation, ensuring minimal
disruption to residents.
Reporting:
 Updating work progress to the client representative, as well as any unforeseen challenges
encountered during the project.

Payment Terms As per PO Terms and Conditions Attached Documents: BOQ

 BOQ

ITEM ITEM DESCRIPTION UNIT

1 Installation of scaffolding protection all around the building
2 Remove and dispatch marble from all elevations
3 Repair and fill all gaps between aluminum frames and concrete wall using
special filling materials (foam and silicone).
4 Plaster all elevations with readymade mixed cement
5 Painting all facade using following steps:
-Apply 2 coat tex primer. 2,800 SQM
- Apply tex combound .
- Apply top coat Jouta shield.
6  Cleaning the building’s facade glass & aluminum after work
completion.
 Appointment of consultant and associated fees to be included in
the proposal.
 Authority permits to be obtained by contractor.
 All fees associated with obtaining authority permits shall be the
responsibility of the contractor.
 Contractor to provide temporary signboards for all shops in the
building
 General Terms and Conditions
1. Suppliers’ Understanding and services ordered, but not delivered or provided. No such termination shall relieve either party of its
1.1 The Supplier covenants that he has carefully read, accepts and fully understands the Purchase Order (“PO”) obligations with respect to that part of the goods or services already delivered or provided to the Buyer.
including but not limited to all requirements, specifications, terms and conditions, special conditions, 12.2 The Buyer shall have the right to terminate the PO if the Supplier becomes insolvent, bankrupt, or enters into
instructions and all attachments thereto. The Supplier is deemed to be fully experienced in the liquidation or gives the Buyer reasonable evidence of his inability to deliver the goods and/or service as
manufacture, supply and delivery of the goods and/or services specified specified, or fails to correct and non-conformity in the goods or non-performance of the services. In the
1.2 The goods and services furnished to the Buyer shall be exactly as specified in the PO. event of such termination, the Buyer shall thereafter be entitled to obtain the goods and/or service related
2. Applicable Laws to the portion of the PO from any source to meet the Buyer’s requirements, and to charge the Supplier all
2.1 The laws, rules and regulations of the Emirate, where the goods and/or services are being delivered, shall extra costs incurred in doing so.
govern the validity and interpretation of the PO and the provision of goods and/or services in fulfillment 13. Warranties
of this PO. The Supplier shall indemnify the Buyer against all penalties which may be assessed because of 13.1 The Supplier guarantees to the Buyer that:
the Supplier’s infraction of any such laws, rules and regulations. 1. All goods supplied under this PO are free from defects in material, workmanship and design, suitable for
3. Price the purposes intended implied, in compliance with all applicable specifications and free from liens or
3.1 The price of the goods and/or services stated in the PO shall be deemed to be a fixed lump sum and shall encumbrance on title.
remain firm for the duration of the PO unless otherwise specified, shall constitute full compensation to the 2. All services are performed in accordance with current, sound and generally accepted industry practices
Supplier for the goods and/or services, and shall include, unless otherwise expressly stated, all costs, taxes, by qualified personnel trained and experienced in the appropriate fields.
duties (including any import duties), logistics cost, loading and unloading, fees or charges of any kind 3. The Supplier shall perform all Services in accordance with Good Industry Practice, in accordance with all
incurred by the Supplier or related to the goods and services prior to delivery of the goods and/or services of the Buyer’s specifications, relevant policies, and guidelines and Applicable Law and using only
to the Buyer at the delivery point mentioned in the PO. personnel with the skills, training, expertise, and qualifications necessary to carry out the Services.
4. Invoicing 4. The Supplier further warrants to the Buyer that at all times all Goods and or Services (including any
4.1 When invoicing, the Supplier shall submit to the Buyer the original invoice along with a copy of the PO and Deliverables) do not infringe any Intellectual Property Rights of any person.
the Supplier shall submit all invoices no later than two (2) weeks after delivering the goods or completing 5. The Supplier shall assign to the Buyer all manufacturer's warranties for Goods not manufactured by or
services accepted by the Buyer. for the Supplier and shall take all necessary steps as required by such third-party manufacturers to effect
4.2 Any value-added taxes (VAT) introduced by the UAE govt. after the date of this PO, and chargeable on the assignment of such warranties to the Buyer.
Price or the Services, will be reimbursed to the Services Provider at net cost by the Buyer upon receipt of 14. Confidentiality of Information
an appropriate tax invoice together with all further particulars and supporting documentation as may be 14.1 In the performance of the services, the Supplier and its subcontractors, if any, may have access to confidential
required by the Buyer to ascertain the correctness of the claim. information (hereinafter referred to as Confidential Information"), which the Supplier and its sub-contractor
5. Payment must protect from disclosure.
5.1 Unless otherwise specifically expressed in the PO, the Buyer shall pay to the Supplier, for the goods and/or 14.2 The Supplier shall indemnify the Buyer against any damages resulting from disclosure of Confidential
services delivered, the invoiced amounts properly due within (30-45) days following receipt of the original Information.
invoice with supporting documents (i.e. signed delivery note, work order and copy of the PO), accepted 15. Liability and insurance
and approved by the Buyer. If the Buyer questions only a portion of an invoice or its supporting 15.1 The Supplier shall defend and hold the Buyer harmless from all claims against injuries to, and/or death of, any
documentation and there is no dispute as to the other portion of the invoice and documentation, then the and all persons, and for loss of and/or damage (including costs and exenses) to property, arising under or by
Buyer, at its discretion, may consider payment for the undisputed portion. Except in special cases, all reason of the installation, erection, repair, rectification, adjustment, provision or operation of the goods
payments shall be made by Bank Transfer only. and/or services covered by the PO, except those incurred as a result of the Buyer’s gross negligence.
6. Packing & Risk (where applicable) 15.2 In any case where it is necessary for employees, subcontractors, agents or representatives of the Supplier to
6.1 The goods shall be packaged in a manner which assures that they are protected against any damage, go to the premises of the Buyer, the Supplier agrees to assume full responsibility for the proper conduct of
wastage, deterioration and contamination. such employees, subcontractors, agents and representatives while on said premises and also to comply with
6.2 The goods shall be at the Supplier’s entire risk until delivery to the Buyer has occurred and acknowledged all applicable workmen’s compensation laws, with all relevant requirements of any statute, statutory rule or
by the Buyer. order, or other instrument having the force of law and with all site rules and regulations, particularly in regard
7. Delivery to safety precautions and fire hazard. If the Purchase Order requires the Supplier to furnish labor in
7.1 Adherence to delivery schedules is of vital and time shall be deemed to the essence of the contract. The connection with the erection or installation of the goods at the site, the Supplier shall furnish the Buyer with
goods and/or services shall be delivered to such place as specified in the PO within the delivery time(s) or a certificate or other evidence satisfactory to the Buyer, indicating that such labor is adequately covered by
date(s) specified therein. workmen’s compensation, insurance or employer’s liability insurance with limits acceptable to the
7.2 The Buyer may suspend the requirement for the Supplier to provide the Goods and/or Services in part or purchaser. Supplier shall obtain/ arrange both Workmen’s Compensation and Employer’s Liability Insurance
as a whole at any time and the Supplier shall effect, such suspension with immediate effect. Should the together with Insurer’s waiver of subrogation rights against the Buyer.
Buyer fail to issue a notice to recommence the delivery of the Goods and/or Services within six (6) months 15.3 Third Party liability insurance – The Supplier shall be responsible for ensuring that it has in place appropriate
of the date of suspension then the Buyer shall pay the Supplier for the Services already performed and third party liability insurance (as required by the Buyer) for loss or damage to third party and shall provide to
accepted up to the date of suspension. the Buyer on demand that such adequate cover is in place and maintained. Evidence of insurance for loss
8. Changes and damage to the Third-Party Liability cover is a condition precedent to any payment due under the PO.
8.1 The Buyer reserves the right at any time to make any changes in the PO, specifications, including additions 16. Conflict of Interest
and/or deletions to the original quantities or any part thereof. If such changes cause any increase or 16.1 Each party shall exercise reasonable care and diligence to prevent any actions or conditions which could result
decrease in the PO value and/or any alteration in the delivery date, an equitable adjustment shall be made in a conflict with the best interests of the other party.
by Buyer to the PO value and/or the contractual delivery date as applicable by written change order. Any 16.2 This obligation shall apply to the activities of employees, agents, or representatives of each party in their
claim by the Supplier for such adjustment must be made in writing and delivered to Buyer for its approval relations with the employees, and their families of the other party and of third parties arising from the PO
before proceeding with the changes in question. and the delivery of goods and performance of services there under. Each party’s efforts shall include, but
9. Penalties not be limited to, establishing precautions to prevent its employees, agents, or representatives from making,
9.1 If the goods and/or services furnished are found to be defective, Buyer at its sole discretion shall reject receiving, providing or offering gifts, entertainment, payments, loans or other considerations for the
them, or require the Supplier to correct or replace them without charge, or require a reduction in price purpose of influencing individuals to act contrary to the best interests of the other party. The Supplier shall
to be determined as equitable under the circumstances. promptly notify the Buyer of the identity of any
9.2 If the Supplier is unable to, or refuses to correct or replace items within a time deemed reasonable by the employee, agent or representative of purchaser who has at any time during performance of work under
Buyer: the PO any financial interest in the Supplier’s business.
a) Penalties/claims will be applied in the event of the Supplier’s failure, following due investigation and 17. Claims and Liens
consideration: such penalties normally do not exceed 10% of the total item value, and may be applied 17.1 the Buyer shall have a first and paramount lien on the goods and all materials and equipment forming a part
to late delivery as follows: 1.5% of the total order value for the first week or part of it, 2% for the thereof. The Supplier undertakes not to create or do any act, deed or thing which would result in the creation
second week, delay beyond 2 weeks will be calculated on pro rata basis. of any lien or charge on the goods or on any materials or equipment forming or intended to form part of the
b) FIRST ABU DHABI PROPERTIES reserves the right to change the PO without prejudice, in the event that goods.
the goods/services are no longer required, after due consideration; 17.2 The Supplier shall protect, indemnify and hold purchaser harmless from and against any and all liabilities for
c) Payments may be withheld until delivery note is received from end users; the payment of the amount of any lien claimed against the property of the Buyer and/or the goods/services
d) Any other terms and conditions as may be deemed appropriate – in exception or force majeure cases. or by any subcontractors, or for any material, labor or services in connection with the work for the payment
9.3 Where the Supplier fails to deliver all or part of the Goods or Services in accordance with any milestones or of which the Supplier is responsible under the PO.
deliverables set out in the Purchase Order, which is not caused by Buyer default, the Supplier shall pay to 18 Third Party Rights
the Buyer the Liquidated Damages. The Buyer may set off Liquidated Damages due to the Buyer against 18.1 Except where expressly provided, the Agreement does not create any rights that are enforceable by any
any amounts due to the Supplier. person who is not a party to this Agreement.
10. Inspection and testing 19 Notices
10.1 The Supplier shall carry out, at his own cost, all inspections and/or tests specified under the PO and its 19.1 Any notice or other communication given under or in connection with the Agreement shall be in writing in
attachments and the Supplier shall provide the Buyer with a copy of all inspection/test data. the English language and shall be delivered by:
10.2 Notwithstanding the above, the Buyer shall have right at any time to witness inspections and/or tests for a) hand to the Party due to receive it at the party's address;
which the Supplier is responsible to carry out at all reasonable times, during the course of the PO. Such b) email to the Party due to receive it at the party's email address; or
witnessing, inspections, or tests shall not in any way release the Supplier from his obligations under the PO. c) any other electronic communication acceptable to the Buyer at no additional cost to the Supplier
The Buyer shall be allowed access, facilities and assistance at the Supplier’s and/or his subcontractors 19.2 The parties' addresses (physical and email) and fax numbers for the purposes of the Agreement shall be as
premises free of charge as described therein. Inspection and testing requirement will be referred in RFP. set out in the Purchase Order or as otherwise communicated by the parties in writing.
10. Patent of Design Indemnity 20 Assignment and Transfer
11.1 The Supplier shall, at this own expense, hold harmless and defend the Buyer, against any claim, suit or 20.1 The Supplier shall not assign, novate or otherwise transfer all or any of its rights, benefits or obligations under
proceeding brought against the Buyer, based upon a claim, rightful or otherwise, that the goods or services the Agreement without the Buyer's prior written approval.
or any part thereof, infringes a trade mark copyright, patent or registered design in the country of 21 Governing Law
manufacture, sale or use, and the Supplier shall pay all damages and costs awarded against the Buyer. In 21.1 Any dispute arising out of or in connection with this PO, including any question regarding its existence, validity
case such goods or services or any part thereof, is held to constitute infringement, and the use of such goods or termination, shall be referred to the concerned courts of the UAE for adjudication and governed by the
or services or part is enjoined, the Supplier shall, at his own expense, and at his option, either procure for laws of the UAE as applied in the Emirate.
the Buyer, the right to continue using such goods or services or part thereof or replace and reinstall them
with substantially equal but non-infringing goods or services, or modify them so that they become non-
infringing, or remove them and refund to the Buyer, the purchase price and the transportation and
installation costs thereof.
12 Termination
12.1 The Buyer may at any time, at its sole discretion terminate the PO in whole or in part, by giving 14 Days written
notice thereof to the Supplier. In the event of such termination, the amount due under the PO shall be subject
to an equitable adjustment, provided only that the Buyer shall not be required to pay the Supplier for goods