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Sub-Contract for
Sub-Structure Waterproofing Works
to Desert Roofing & Flooring L.L.C..
Sub-Contract No. JS045/003 dated 27th November 2011
Frayland L.L.C.
Sub-Structure Waterproofing
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the Project " B+G+2 - Commercial Building, Plot No. 367-625, Umm Al Sheif
(Sheikh Zayed Road), Dubai, UAE " between the following parties:
First Party:
The Frayland L.L.C., Construction & Interior, P. O. Box 13750, Dubai, United
Arab Emirates, hereinafter referred to as Main Contractor.
Second Party:
The company Desert Roofing & Flooring L.L.C., P.O. Box 186, Dubai, U.A.E., as
hereinafter referred to as Subcontractor.
1.0
Preamble (N/A)
2.0
Definition
2.1
2.2
Wherever in the Sub-Contract Documents stated under Clause 4.0, the words
Client and/or Owner and/or Employer and/or Consultant and /or Engineer etc.
are used it shall be construed as Main Contractor and wherever Supplier etc.
are used it shall be construed as Subcontractor, except where the context
otherwise requires.
3.0
3.1
The Client and/or Owner and/or Employer and/or Consultant and /or Engineer
must approve the Subcontractor and the material to be supplied.
3.2
3.3
Sub-Contract N JS045/003
Sub-Structure Waterproofing
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In the event that the approved Subcontractor is not able to supply the material
demanded within the time given it by written notice and/or telefax then the
Main Contractor reserves the right to delete the supply of the material or to
supply the material itself or to ask third parties to do so or to cancel this
Sub-Contract in total, if necessary. All costs arising shall be borne by the
Subcontractor.
4.0
Sub-Contract Documents
4.1
The Subcontractor shall perform the Works in strict accordance with the data
indicated in the Sub-Contract Documents. In case of data discrepancies,
conflicts, or contradictions between the Drawings, Specifications etc., the
Subcontractor shall immediately inform the Main Contractor and upon
approval from Main Contractor, shall execute the Works under consideration
of those data which result in the highest efficiency for the Client.
5.0
Scope of Works
5.1
5.2
5.3
The Subcontractor shall furnish all the equipment, materials and temporary
works, and shall complete all fabrications, installations and maintenance of
the permanent materials herein specified in accordance with the clauses of
this Sub-Contract.
5.4
Sub-Contract N JS045/003
Sub-Structure Waterproofing
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5.5
5.6
The Subcontractor shall strictly adhere to Frayland Quality Control and Safety
Procedure. Any violation shall be under Subcontractors own cost, risk and
time.
6.0
Sub-Contract Price
6.1
6.2
The Subcontractor declares that it is familiar with the working conditions and
the local conditions and that these have been allowed for in its price.
6.3
For the completed and accepted Works described under the Clauses and
Conditions of this Sub-Contract, a Provisional Sub-Contract Price of
AED. 469,600.00
(In Words: Dirhams Four Hundred Sixty Nine Thousand Six Hundred only)
is agreed. The Schedule of Price is as given below:
Item No
A.
Description
Supply & apply one full, coat of Indever
Primer, torch-on 4mm thick Index
Helastoplan 180 gsm (Two Layers),
heavy duty reinforced with thermoplastic
elastroplastomeric synthetic SBS rubber
waterproofing.
i)
Horizontal Area
ii)
B.
Vertical Area
6.5
Qty
Rate
Amount
5,600 m2
1,600 m2
61.00
341,600.00
61.00
97,600.00
1,600 m2
19.00
30,400.00
469,600.00
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Sub-Structure Waterproofing
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6.6
The agreed Unit Price(s) of this Sub-Contract include all necessary plant,
labour, equipment, needed for the construction of a complete, functional and
usable facility and the period of Guarantee and Maintenance. All costs of
transportation, insurance, flight tickets, freight charges, custom
duties, etc.
and all other related costs are also included in the price(s) herein applicable
to the Subcontractors scope of the Works.
7.0
Warranty
7.1
7.2
The Main Contractor reserves the right to cancel this Sub-Contract should the
Subcontractor fail to meet the specified quality or delivery requirements of the
Main Contractor.
7.3
Upon completion of each stage (horizontal & vertical) and prior to the release of
concerned final payment, the Subcontractor shall issue a draft
warranty/guarantee certificate against the materials, workmanship and leakage
for a period of 10 (ten) years from the date of satisfactory completion of the
works. Initially the certificate start date shall be 23 December, 2012 which shall
be amended by the Subcontractor based on actual handing over date of the
Building by the Main Contractor to the Client. The original warranty/guarantee
certificate shall be issued against the release of the payment.
7.4
A joint inspection will immediately will be carried out by both Main Contractor
& Subcontractor 1 month after the termination of dewatering. Any defects
identified shall be rectified by Subcontractor at its own cost & risk. Any cost &
time implication caused to Main Contractor by these defects shall be borne by
the Subcontractor.
7.5
8.0
Taxation
8.1
9.0
Terms of Payment
Payments shall be effected in the following order:
9.1
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Sub-Structure Waterproofing
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9.2
The subcontractor shall submit payment application for approval by the Main
Contractor upon completion of each stage (horizontal and vertical) or
progress payment application (25 th of every month), if the execution period of
the particular stage exceeds 1 month.
9.3
Progress Payment (if any) will be made in the form of Post Dated Cheque
dated 130 (one hundred thirty) days from the date of receipt of Invoice. The
cheque will be released once the Invoices are duly approved by the Site
Management, which is expected to be done within 7 (seven) working days.
Payment against unfixed materials on site is not applicable to this SubContract.
9.4
The final account of each stage (horizontal and vertical) showing in detail in a
form approved by Main Contractor the value of all Works executed under the
terms of this Sub-Contract shall be submitted to the site representative of the
Main Contractor. Along with the final account, the Subcontractor will issue all
Warranty/Guarantee Certificate as per Clause 7.0.
9.5
After examining the stage final account, the Main Contractor will certify within
7 (seven) days. The payment will be released by the Main Contractor in the
form of Post Dated Cheque dated 130 (one hundred thirty) days from date of
final account submission as described in Clause 9.4 and against receipt of
Warranty/Guarantee Certificate as per Clause 7.0
9.6
From the value of each payment (monthly and/or stage final payments)
10 (ten) per cent
shall be retained as retention money.
9.7
10.0
List of Exclusions
10.1
10.2
Surface preparation of the fillets and slab has to be carried out by the Main
Contractor.
10.3
10.4
10.5
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Sub-Structure Waterproofing
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10.6
Crane for lifting of materials on site shall be provided by the Main contractor.
11.0
Date : ______________
Date : ______________
First Party
FRAYLAND L.L.C.
Second Party
Desert Roofing & Flooring L.L.C.
Sub-Contract N JS045/003
Sub-Structure Waterproofing
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