attn.: chairman of tender & procurement committee · web viewexecution & completion of...

Qatar National Cement Co. (Q.S.C.)P.O BOX 1333, Doha, State of QatarH. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585

GENERAL TENDER NO. 02/2013Execution & Completion of Cleaning Works

for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar

Tender DocumentsTable of Contents

Subject No of Pages

Part-1

Instructions to Tenderers 03-06

Tender General Conditions 07-11

Letter of Acknowledgement 12-13

Form of Tender 14-16

Form of Tender Bond 17-18

Part-2

Form of Agreement 20-25

Scope of works and Drawing– if any 26-31

Form of Breakdown &Prices 32-33

Form of Performance Bond 34-35

Form of Advance Payment Guarantee 36-37

Form of Qualifications and Exceptions 38-39

General Conditions of Contract 40-51

TENDER DOCUMENTS 1 CLEANING OF RAW MEAL SILO




Part-1

Instructions to Tenderers 03-05

Tender General Conditions 06-10

Letter of Acknowledgement 11-12

Form of Tender 13-15

Form of Tender Bond 16-17


INSTRUCTIONS TO TENDERER








Instructions to Tenderers

1.Documents Provided for Tender Purpose

1.1 The documents specifically provided for the purpose of tendering (herein after called “the tender documents”) comprise of the followings.

Part-1Instruction to TenderersTender General ConditionsLetter of AcknowledgementForm of TenderForm of Tender Bond

Part-2Form of AgreementSOW and Drawing– if anyForm of Breakdown of PricesForm of Performance BondForm of Advance Payment GuaranteeForm of Qualifications and ExceptionsGeneral Conditions of Contract

2. Submission of Tender

2.1 The tenderer/bidder must adhere to the conditions stated in the tender documents, and write the total prices on the “Tender Form” and Form of Breakdown of Prices duly filled on their company’s letter head in accordance with the provisions of these documents. Any tender offer that does not comply with these provisions shall be considered null and void.

2.2 Should there be any comments, qualifications, reservations or amendments, alterations to specifications or conditions they must be stated in a separate letter attached to this tender offer and indicated on the enclosed tender offer.

2.3 Tender offer must be submitted in (3) three separate wax-sealed envelopes with the information fill out on the provided sticker together with the tender document for each envelope as mentioned below:

a) Tender Bond Envelope b) Technical Offer Envelope (submitted in original plus two additional copies)c) Commercial Offer Envelope (submitted in original plus two additional copies)

The envelope (a) and (b) should have no bearing of prices anywhere. The three (3) separate envelopes must be placed into an outer sealed envelope clearly marked on the cover the Number of Tender, Name of Tenderer, Submission Date, Closing Date of tender and the Title of Tender .

2.4 Alternate Options: TheTenderer may submit alternative tender offer in addition to the original tender offer and should the tender documents so stipulate and if the tenderer deems it to be in the interest of the works or project financially or technically or with respect to the completion period or for anyother consideration. These alternative





tender offer(s) will be presented in separate envelopes in the same manner as the original tender offer(s (enabling a comprehensive evaluation of the Tender offer(s) and should be clearly marked as alternative tender offer A, alternative tender offer B etc.

2.5 Tenderer/bidder must include the following duly filled in his offer:

a. The time for the execution & completion of the works shall be clearly stated with dates in details.

b. Each page of tender documents shall be initialed by the principal duly authorized to represent and bind the tenderer/bidder and stamped by the tenderer/bidder as token of their acceptance.

c. The tenderer/bidder shall express that he has no objection to enter into a final contract/agreement based substantially upon the content Contract described on this tender documents.

d. Unit prices Schedule

e. Tenderer/Bidder shall submit copy of Annual Accounts duly audited by professional certified accountants for three years preceding.

3.Filling of Tender Formats/Corrections & Adjustment of Errors

3.1 No erasures, alterations or additions shall be made by tenderer/bidder to the tender document's format (other than filling in the blanks where intended for that purpose), unless such alteration is made in accordance with an addendum issued as hereinafter described.

3.2 Should there be any erasure or scratching out on the Tender Offer(s), it must be signed and stamped by the tenderer .

3.3 Prices and their particulars must be typed or written in ink and should not be written in pencil. All pages of the Tender Document, especially those containing the total prices and their term must have the stamp of the Company/establishment, affixed to them.

3.4 The tenderer/bidder shall submit his tender bond in Qatari Riyals or US Dollars. The related breakdown of the lump-sum price and all other monetary statements in connection with the tender offer(s) are to be in Qatari Riyals or in US Dollars.

3.5 The name of the responsible person signing must be typed written or printed below the signature.The official stamp of the tenderer/bidder must be fixed.

3.6 In case of any differences, ambiguity or discrepancy between the original and other copies of the tender offer/bid, the original documents shall prevail,

4. All questions/queries or requests for clarifications pertaining to commercial, contractual or technical matters of this tender prior to submission of duly completed tender offer shall be addressed as per section 4.2 below in writing, quoting tender number and title.





4.1 Tenderers query shall reach to folllowing address at seven (7) days before the closing date. Queries raised thereafter may be ignored.

4.2 Tender Offer duly sealed should be returned/addressed to:

Chairman of Tender & Procurement Committee Qatar National Cement Co. (Q.S.C.)P.O.Box 1333, Doha, State of QatarTele (00974) 44693 800, Fax (00974) 44693 900

And to be submitted directly to:

Office of the General Secretary of the Tender & Pro. Committee Cement Plant No. 2 @ Umm-Bab, State of QatarTele. No. (00974) 44712 880Fax No. (00974) 4471 2 585Extension Number: 328 or 335

Closing Date: Monday, February 25, 2013 @ 12 Noon

The tender offer must be handed over to the Tender and Procurement Committee’s General Secretary before depositing in the respective tender box. The Tender and Procurement Committee General Secretary will issue a tender offer receipt against each received tender offer, indicating the hour and date of receipt.


TENDER GENERAL CONDITIONS




Tender General Conditions





1. Validity of Tender

1.1 Tender offer(s) must remain valid for the acceptance for a period of 90 days commencing from the closing date of this tender.

2. Tender Bond

2.1 Tender Bond shall be enclosed with the tender offer in the form of bank guarantee issued by one of the first class reputable bank operating in the State of Qatar or any other bank acceptable to the QNCC amounting to QAR 50,000.00/- (Fifty Thousand Qatar Riyals only) or equivalent to the same amount in US Dollars. It must be unconditional and valid for (120) days commencing from the closing date. The Tender and Procurement Committee reserves the right to exclude any tender offer which does not include the required tender bond.

2.2 Upon the receipt of the 10% bank letter of guarantee/performance bond from the successful tenderer/bidder’s the tender bond should be returned to unsuccessful tenderer(s)/bidder(s). Successful tenderer/bidder’s tender bond would be returned after the receipt of bid/performance bond by the QNCC from the successful tenderer/bidder before signing the contract.

2.3 The tenderer/bidder may not withdraw the tender or amend the bid after the closing date of tender. In the event of withdrawal of the tender, the tender bond would stand forfeited.

3. Expenses of Tendering

3.1 The QNCC will neither be responsible for any expenses nor losses which may be incurred by any tenderer/bidder either in the preparation of his tender offer or in any way whatsoever arising out of the invitation and elaboration of tender offer for the required works subject to this tender.

4. Acceptance or Rejection of Tender Offer

4.1 QNCC has the right to cancel the tender offer without giving any reason(s) and award it on partial basis. The tenderer/bidder is expected and deemed to have agreed to execute part of tender at the same prices as offered.

4.2 QNCC is not committed to accept any tender offer with the least price.

4.3 QNCC has the right to exclude tender offer(s) who are not conforming to conditions of this tender and/or tender offer(s) that are submitted after the closing date and/or submitted without tender bond.

5. Each tenderer/bidder must demonstrate, that he and his personnel/team/employees had previously executted other similar works, together





with evidence that these works have continued to be successfully operative for a period of time.

6. Performance Bond

Successful tenderer will be required to submit bank performance bond as per the format provided in the tender document amounting to 10% (ten percent) of the total lump sum Contract price, issued by a first class reputable bank operating in State of Qatar or any other bank acceptable to QNCC. The performance bond shall become effective before signing the contract and it validity period shall cover the duration of contract, plus ninety (90) days which is covering any default or failure in the works or any contractual obligations implication during such period. If the QNCC shall consider forfeiting the bond or guarantee he shall forthwith do notify the Contractor specifying such default/failure.

7. Examination of Tender Documents/Site Conditions /Site Visit

7.1 Tenderer/bidder are advised to examine and thoroughly acquaint themselves with the contents of the tender documents and take all further steps necessary to ascertain for themselves, entirely at their own expense, any additional information necessary for submitting a tender offer and executing the works.

7.2 Submission of tender offer shall be deemed to indicate that tenderer/bidder has satisfied himself undertakes to accept and comply with all the obligations, liabilities, responsibilities and risks imposed upon him by these tender documents. Submission of tender offer shall deemed to indicate that tenderer/bidder has made himself acquainted & satisfied himself with the prevailing site conditions, circumstances, laws in order to discharge his responsibilities/obligations under these tender documents.

7.3 Tenderer/bidder at their own expense shall visit the site and obtain by themselves all information which may be deemed necessary to enable them to submit a fully comprehensive and sufficient tender offer.

7.4 No claim whatsoever will be entertained arising out of tenderer/bidder’s failure to study local conditions, laws, duties and taxes as well as specifications, drawings, existing facilities etc. or to obtain reliable information in respect of project or otherwise.

7.5 The attention of the tenderer/bidder is drawn to the fact that the tender offer has to be on fixed price basis with no provision for price variations for labor, materials, currency variation, taxes and duties which may arise during the duration of the Contract.

7.6 The QNCC/Owner has the right to increase or decrease the services by 20% of the Contract value according to its same conditions, rates & prices.

8. Correspondence/Notices would be done by tenderer/bidder(s) on the address of the QNCC stipulated elsewhere giving Tender Number and Title of Tender. All Invoices /notices should mention the Tender Number and Title of Tender.

8.1 The QNCC shall issue/send correspondence/notices to the Representative of the Tenderer Contractor as provided in tender documents.





8.2 The QNCC and Tenderer/bidder shall immediately notify each other of incase of any change in such address for any reason whatsoever.

9. The tenderer/bidder shall submit with the tender offer a comprehensive bar chart indicating and distinguishing the time for preparation, mobilization, designing, amending and completion of complete cleaning works in the raw meal silo for the Cement Plant-IV at Umm-Bab.The tenderer/bidder time schedule shall be subdivided in various sub-activities. Time schedule will become part of Contract. The tenderer/bidder should propose his shortest possible completion time for the scope of works as described in the tender documents.

9.1 The tenderer/bidder shall submit the followings with his tender offer:

9.2 Organizational chart indicating the name of companies and organizations which shall or may become responsible for the major activities. Site Organizational chart indicating the number of personnel to be timely employed on site @ Umm-Bab, State of Qatar.

9.3 Lay out and site cleaning works camp including list of major equipment for the execution of the required cleaning works at site.

9.4 The tenderer/bidder shall propose and implement the periodical progress report and site meetings.

10. Contract

10.1 Successful tenderer/bidder shall enter in a contract with the QNCC outlining the conditions as enumerated in tender documents and with the Contract prices and additional conditions as agreed by either party to contract.

10.2 The Contract will be drawn up in Three (3) originals duly signed by authorized signatories and stamped by official seal of either party to Contract. The Tenderer/Contractor will receive one original contract.

10.3 The contract shall be binding on the successor(s) in the event of change in ownership of either party.

11. Assignment and Sub-Contractor

The Contractor shall execute the Contract himself and he shall not assign it in whole or in part or sub-let it wholly or partially without the prior written consent of the Owner/QNCC. If permitted by the Owner/QNCC to assign the whole contract or part thereof, the Tenderer/Contractor shall guarantee the proper execution of the contractual obligations by the assignee. The Tenderer/Contractor and the assignee shall be jointly responsible on sub-letting. The Tenderer/Contractor shall be responsible for the acts, defaults and negligence of any sub-Contractor, their agents, servants or workmen as fully as if the acts, defaults or negligence of the Contractor, his agents, servants or workmen.

12. Payment Terms





The payment of Contract Price shall be settled as per the payment terms mentioned in the General Conditions of Contract Section 7 in this tender documents.

13. Mistakes & Errors

13.1 The Tenderer shall be responsible for any discrepancies, errors or omissions in the drawings and information supplied by him, whether they have been approved by the QNCC or not.

13.2 The Tenderer, however, shall be responsible for any misunderstanding or incorrect information obtained by him.

13.3 The Tenderer shall at his own expense carry out any alterations or remedial works necessitated by reason of such discrepancies, errors or omissions for which he is responsible and modify the drawings and information accordingly, or if the same shall be done by or on behalf of the QNCC shall bear all costs reasonably incurred therein. The performance of his obligations under this clause shall be in full satisfaction of the discrepancies, errors or omissions.

14. Applicable Law

All disputes shall be settled as per applicable Qatari Laws.

Tenderer/Bidder shall be fully conversant with the laws ,regulations and practices prevailing in State of Qatar.

15.Settlements of Dispute(s)

15.1 In case of any dispute arising between the QNCC and the Contractor, the two parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within ninety (90) days of its arising then it shall be referred to the competent Qatari Court.

15.2 No question, dispute or indifference arising between the Contractor and the QNCC under the Contract shall be referred to the Qatari Court(s) unless they have failed to settle the same amicably within a period of ninety (90) days.

15.3 Performance of the Contract shall continue during judicial proceedings unless the QNCC shall order the suspension thereof, and if any such suspension shall be ordered the reasonable expenses of the Contractor occasioned by such suspension shall be included in the total lump sum price of the Contract if the Court(s) do decide. No payment due payable by the QNCC shall be withheld on account of pending reference to the Court(s).

-------------------------------------------------------------------------------------------------------------


LETTER OF ACKNOWLEDGEMENT








LETTER OF ACKNOWLEDGEMENT(ON THE LETTER HEAD OF TENDERER/BIDDER)

Date: …………………Ref. No.: …………………………….

To: Chairman of Tender and Procurement CommitteeQatar National Cement Company (Q.S.C.)P.O.Box; 1333Doha, State of Qatar

Tender Ref. No.:…………………………

Subject:…………………………………………………………………………………………..

Dear Sir(s),

We hereby acknowledge acceptance of all terms and conditions set forth in this tender document.

We undertake that we will pay the tender fee before the submission of our tender offer on the due date of this tender.

_________________________________ __________________ Tenderer Name Date

_________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal


FORM OF TENDER




FORM OF TENDER





(ON LETTER HEAD OF TENDERER)

Qatar National Cement Co., (Q.S.C) Date ……………..P.O Box 1333,Doha, State of Qatar

Attn.: Chairman of Tender & Procurement Committee

Subject: General Tender No.02/2013

Gentlemen,

Having examined the Tender Documents and having inspected the site and fully acquainted ourselves to the characteristics of the site, environment thereon, responsibilites of the project. We undertake to execute and complete “Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar, as defined in the Scope of works, Technical Specs., Conditions & Drawings- if any and subject to the Terms and Conditions in the “Tender Documents” studied/accepted and signed by us for total lump sum and fixed contract price of QAR/USD ( )

We hereby acknowledge the receipt of following addenda (if any).

Reference Number of Addenda Date…………………………………….. ……..………………………………………….. …………..…………………………………….. …………..

We, hereby undertake that our “Tender Documents” are complete in all respects and that any item not expressly stated in tender documents but necessary for the proper execution and completion of Cleaning Raw Meal Silo Works has been included. We, hereby, undertake that if our tender offer is accepted, we shall start/proceed the works required in terms of “Tender Documents“ immediately upon notification by Qatar National Cement Company.

We, hereby, undertake that if our tender offer is accepted, we shall submit Performance Bond of 10% value of contract price, as stipulated in “Tender Documents“ within Twenty (20) days in case the tenderer/bidder is outside Qatar or Ten (10) days of awarding letter from yourselves, if tenderer/bidder is inside Qatar.





We, further agree that you are “Not”committed to accept any tender offer with least price.

We further confirm that we shall abide by our tender offer for 90 days commencement date following the closing date of the said tender and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

We enclose herewith the following documents

a) Bank Tender Bond No…………… of QR/USD .………. in favor of QNCC and valid for 120 days until …../……/2013 ;

b) Latest Financial Report of the Company;c) Others ………………….please specifyd) …………………………………………...

Company Name: ……………………………Address: ……………………………Tel. & Fax: ……………………………Represented by: ……………………………In the capacity: ……………………………

Duly authorized to sign on behalf of the tenderer.Signature ……………………………Witness by ……………………………In the capacity of ……………………………Address ……………………………Signature ……………………………Date ……………………………Company Seal ……………………………


FORM OF TENDER BOND




FORM OF TENDER BOND(ON THE LETTER HEAD OF BANK)





M/S. Qatar National Cement Co., (Q.S.C.)P.O. Box 1333, Doha, State of Qatar

Subject: Tender Bond for General Tender (02/2013)

Greetings,

We are pleased to advise you that we hereby guarantee M/S……………………with an amount of QAR 50,000.00 to enable them to bid for the General Tender No. 02/2013 …………….. in the event of M/S……………………, withdrawing their tender offer before the expiry of this guarantee or failing to submit the Performance Bond, within ………………..( ) days from the date of being notified to provide such Bond which ever date comes earlier. We hereby undertake to pay the aforementioned amount of ……………….. in cash to Qatar National Cement Co. upon their first demand & not withstanding any contestation by M/S. ……………………...

Knowing that the validity of this guarantee is 120 (One Hundred Twenty) days. Commencing from the closing date of the Tender.

We undertake to extend the validity of this tender bond upon your first demand & notwithstanding any contestants from the Tenderer.

Bank’s Signature & Stamp





Part-2

Form of Agreement 20-25

Scope of works and Drawing– if any 26-31

Form of Breakdown & Prices 32-33

Form of Performance Bond 34-35

Form of Advance Payment Guarantee 36-37

Form of Qualifications and Exceptions 38-39

General Conditions of Contract 40-51


FORM OF AGREEMENT




ا+ال+ت+ف+ا+ق+ FORM OF AGREEMENTص+ي+غ+ة+

يوم في االتفاق هذا إبرام .............تم

:م 2013 بين فيماThe Agreement has been made on this……………….. ..., 2013, by and between:





األسمنت .1 لصناعة الوطنية قطر شركةق)0م0ش(

قطر - 1333ب : 0ص الدوحة

بعد فيما "وتسمى الطرف المالك"األول

و........................... الســــــادة/.2

بعد .......ب:0ص فيما "المقاول "وتسمىالثانى الطرف

1. QATAR NATIONAL CEMENT COMPANY, (Q.S.C.)

P.O. BOX: 1333 DOHA, QATAR herein after called the “Owner “ the First Party

And

2. M/S . … … … … … … … … … … … … .. .

P.O.BOX: … Herein after called the “Contractor”the Second Party

كان WHEREASلما

إنجاز المالك " في تنظيف يرغب أعمالالخام صومعة الرابع بالوجبة األسمنت مصنع

باب: بأم :الكائن رقم العامة المناقصة بموجب ، وأن 02/2013 ، العقد هذا موضوع "م يرغب المقاول"

والمتضمن العقد هذا موضوع األعمال وإكمال تنفيذ فيإلنجازها ضروري هو ما كانت وإكمالها كل سواء

بالعقد محددة غير أو و محددة الشروط ، بحسبعليها واآلحكام فيما المتفق هنا مذكور هو كما

-: آدناه يلي

The “Contractor”is willing to execute the Cleaning Works of Raw Meal Silo in Cement Plant No. IV at Umm-Bab Site, advertised by general tender No.02/2013, the ‘Contractor’ desires to sexecute and complete the Works subject to this contract which include everything necessary to perform such works whether it is mentioned or not in this contract and as per the following terms and conditions hereunder:-

يلي ما على االتفاق تم فقد:

NOW THIS AGREEMENT PROVIDES AS FOLLOWS:

الكلمات .1 فإن االتفاق هذا فيالمعاني نفس لها يكون والعبارات

العامة الشروط في لها المخصصةبعد فيما سيرد حسبما 0للعقد

1. In this Agreement words and expressions shall have the same meanings as respectively assigned to them in the General Conditions of Contract hereinafter referred to

الملحقة .23 وجداولها ، فقط التالية المستندات إن، - أيةأو وجدت إن أخرى ملحقات

تشكل بين" جميعا العقد" نصوص" لمقاولا"والمالك" وتفسر ،

يلي كما المستندات هذه في الواردة العقد:

2. The following documents only- if any, shall together constitute the Contract between the “Owner” and the “Contractor”and the terms of this Contract shall in all such documents be construed accordingly:





؛ ا) االتفاق هذا صيغة

؛ ب) للعقد العامة الشروط/عرض ج) الفائز لمناقصةباالمقاول المناقص

بإ في ((............. شارةالمقدممن م 201/.../: ..اريخت المعتمدة وملحقاته

"قبل المالك"

"مستنداتاد) كافة للمالك" لمتضمنةوالمواصفات المتطلبات بياناتهنا المذكورة والخاصة، والرسومات

قبل من األعمال "بتوصيف قبل للمالك"رق+م الترس+ية وكتاب المناقصة (ترسية

FAX/TEND.&PRO.COMT/13( بتاري+خ......: /...... وملحقاته 2013/ 0م

A- This Form of Agreement;

B- The General Conditions of Contract;

C- The Succesfull Tenderer/Contractor Tender

Offer ref.: ………….) dated……./…../201 and it’s annexes approved by the Owner;

D- The “Owner” documents containing all data

requirements, specifications and drawings listed therein and annexed hereto, which have been elaborated by the ‘’Owner’’ for the works before awarding the Tender, awarding letter ref (FAX/PUR.COMM./13 /………..) dated ……/……/2013 and it’s annexes.

المستندات فإن التعريف ألغراض " مكمال جزءا تعتبر المذكورة وملحقاتها

قبل من عليها التأشير تم وقد ، للعقد " " .المقاول"وللمالك"

For the purpose of identification, the said documents and their annexes are made an integral part of the Contract and have been initialed on behalf of the “Owner” and the “Contractor”.

جزء .34 أي بين تعارض أي وجود حالة فيوالمدرجة ، المتعددة المستندات من

فإن 2البند في ، الماثل االتفاق صيغة من: يلي كما تسود األولوية

4. In the event of conflict between any part of the various documents listed in clause 2 above of this Form of Agreement, the following priority shall prevail:

د؛ أ ) و ج ، ب على األولوية لها .aيكون Will have priority over b, c and d;

د؛) و ج على األولوية لها يكون .bب Will have priority over c, d and

د) على األولوية لها يكون .0cج Will have priority over d.

45." " كامال تحديدا يعتبر ، بيانه سبق كما العقدفيما التعاقدية وااللتزامات الحقوق لكافة

" بين األعمال ،" المقاول"والمالك" بشأنأتفق مستندات أية أو بالمفاوضات يعتد وال

وقعت أو إبرام عليها تاريخ قبل بينهماتعاقدية آثار أية عليها تترتب وال 0العقد

5. The Contract as herein before defined constitutes a full statement of the contractual rights and liabilities of “Owner” and the “Contractor”in relation to the works and no negotiations between them nor any documents agreed or signed by them prior to the concluding date of Contract in relation to the works shall hereafter be of any contractual effect.

أن .56 على" المقاول"معلوم لنفسه حصل قدفي بما الجوانب كل في الوافية المعلومات

الموقع وظروف الفنية الجوانب ذلك . والمتفق المعلوم من وأنه كما والتسهيالت

أن مسئول" المقاول"عليه"تجاه التعاقدية المالك" التزاماته كافة .عن

6. It is understood that the “Contractor”has obtained for himself all information complete in every respect including all technical aspects, The Site conditions and facilities. It is also understood and agreed that the “Contractor”shall be responsible for all his contractual obligations.





" "المقاول"يكون .67 عن" تماما مسؤوالاآلتي :

6. The ““Contractor”” shall be fully responsible for the following:

بالتوجيهات ب)ا) التام االلتزامالفنيين والتعليمات قبل من الصادرة

" ممثلي تنفيذ المالك" مواقع فيمتطلبات كافة توفير وكذلك األعمال

لنطاق طبقا المحدد العمل العمل. العقد فى المذكورة المدة خالل

a. Full compliance with the guidance and

instructions issued from time to time by the “Owner’s” technical representatives at the site execute and provide of all the works requirements to the works as per respective scope in the specified time mentioned in the Contract.

مع ب) إجتماعات لعقد الترتيب"ممثلي. العمل المالك" بمواقع

للتنسيق التوقفات والتعاونوقتلتنفيذ بينهما األعمالفيما

العمل فريق ومتابعته ، المطلوبةقد التي المشاكل وحل بالموقع

العمل بفريق الصلة ذات تنشأله أداء التابع أفضل تحقيق وبهدف ،

موضوع األعمال إنجاز سبيل في .العقد

b. Arrangement for meetings with the “Owner’s” representatives at sites at shutdown time for coordination between them to carry out the required works and to follow-up his team works and resolve problems that may arise related works of teams affiliated to it for best performance the works subject of the Contract.

المهارة ج) بكل إلتزاماته بأداء القيام ، األداء وجودة المعقولة والعناية

˭ ألفضل وفقا وذلك ، العقد بموجبأحدث وبإستخدام المهنية المعاييراألكثر التقنيات والوسائل الطرقلهذه˭ التنفيذ مجال في تطورا

أمنة وبصورة .األعمال

األنظمة) وإحترام بالقوانين االلتزام د. قطر دولة في المطبقة

c. Exercise all reasonable skill, care and diligence in the discharge of his obligations under the Contract and shall carry out the required works in accordance with the highest professional standards and safety methods and techniques for execution of the works.

d. Comply with the Laws and respect the Regulations applicable in the State of Qatar.

مبل+++غ .78 اإلجمالي الع+قد =قدرهس+عر………………….) ( 0

7. The Contract total price is the sum of QAR …………………….) only(.

مدة .9 لالعمال التكون من˭ ........تنفيذ يومايحدده الذي األعمال تنفيذ بداية تاريخ

يسلم المالك إخطاركتابي بموجب" .المقاول"

8. The contract execution period of the Works shall be --------(----------) commencing from the date stated by the Owner in a written notice for proceed delivered to the Contractor.

العقد .1011 نفاذ وتوقيعه يبدأ إبرامه تاريخ من".و المالكمن المقاول"

9. The Contract shall come into force from its concluding and signing date by the Owner and the Contractor.





" يحق.1011 تعيين للمالك" وقت أي فيشركات أو شركة أو أشخاص أو شخص

العقد تنفيذ في أسلوب لتمثله على واإلشرافاستشاريين أو كمهندسين األعمال أو تنفيذ

ويكون ، مشرفين أو "مفتشين الحقللمالك"بآخرين استبدالهم ذلك في يتم أن على ،

كتابي إخطار 0" لمقاولل" بموجب

12. The “Owner” has the right at any time to appoint a person(s) or company(s) to represent him in the execution of the Contract and the supervision on the manner of execution of the works as Engineers, “Contractor”, Inspectors or Supervisors and that the “Owner” can replace them with others and he shall communicate the same to the “Contractor” in writing.

"يلتزم .1112 يدفع المالك" "لمقاولل"بأن ، العقد بموجب المستحقة الدفعات

المذكورة" الدفع لشروط بالمادةطبقاللعقد . 7رقم: العامة بالشروط

" يحق الدخل للمالك" ضريبة مقدار خصمعلى ، "المقاول" المستحقة العقد ثمن من

ألحكام وفقا رقم (وذلك /21القانون لسنة) م .2009

11.The “Owner” shall pay to the “Contractor”amounts due in accordance with payment terms which are mentioned in the General Conditions of Contract Section No.7 defined in the tender documents.

The “Owner” has the right to deduct from Contract total price Income Tax amount due on “Contractor” as per Income Tax Law No. 21/2009.

رقم .1314 المادة حكم الشروط )8(تطبق منللعقد عن بشأن العامة الضررالناتج تعويض

حال في وذلك ، "فشل التأخير في المقاول"أو التنفيذ إنجاز مدة خالل األعمال إكمال

، العقد هذا في عليها المتفق

"ويحق مقاول للمالك" يعين آخر أنأوإكمال حساب لتنفيذ على ، األعمال

˭ المقاول" من" . قيمةخصما العقد

12. Apply the provisions of Section No. (8) of General Conditions of the Contract, for liquidated damages for delays, in the event of failure of "Contractor" in the execution or completion of the works within the execution period of completion agreed upon in this contract.

The “Owner” has the right to appoint another Contractor to execute or complete the works on the account of Contractor deducting from the Contract value.

كافة " المقاول"يلتزم .15 يستصدر بأنكما المخاطر تغطي التي التأمين وثائق

رقم تحددها المادة بالشروط)4-19( فرعبدء قبل للمالك يسلمها وأن للعقد العامة

يتم أن على بالموقع األعمال تنفيذمن الوثائق هذه تأمين استصدار شركة

عليها يوافق قطر بدولة ."المالك"تعمل

13.The “Contractor” shall arrange issuance of the insurance policies covering all risks as hereafter defined in the General Conditions of Contract sub-section clause no. 19.4 and to be submitted to the Owner before commencement of execution of the works at site. The policies shall be issued from a reputable insurance company operative in the State of Qatar approved by the Owner.

"بتسليم المقاول""قام .1415 المالك" / بمبلغ اإلنجاز كفالة بنكي ضمان

إجماليمن %10مايعادل، ....................=/رق كفالة ، العقد صادرة) ..................+م (++سعر

بتاري++خ ..............من ، ...../...../2013 ، ملغاية المفعول 0م 201/ ......./.....سارية

14.The “Contractor” has submitted to “Owner” the Bank Guarantee/performance bond of total amount…………. equal 10% of the Contract total price, Bond No. (………….) and issued by …………………,dated /../2013. and valid until ……/……../201_ .





تنشأ .1617 التي الخالفات و المنازعات جميعالطرفين الفصل بين يتم العقد بشأن

" القانون ونصوص ألحكام وفقا فيهاللقضاء اإلختصاص ويكون ، القطري

االختصاص 0القطري

15.All disputes and differences arising between the Parties in connection with the Contract shall be settled according to Qatari law and the Competent Court(s) of the State of Qatar shall have the jurisdiction.

على" بالتوقيع الطرفان قام تقدم لما إثباتاالعقد هذا

IN WITNESS whereof the Parties hereto have signed the present Contract.

"عــن ”FOR “Contractorالمالك"

:التوقيـــع االســم :

.………………………………………………

……………………………………….. الوظيفـة:

SIGNATURE:

NAME : ……………………………………………….TITLE : ……………………………………………….

STAMP: :الختم


SOW AND TECHNICAL ASPECTS








A. TENDER TITLE:

Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar

B. SCOPE OF WORKS:

1. The Scope of works for this tender is to remove any stuck material and any material accumulation inside the raw meal silo by using the best and latest modern technology methods throughout the operation without any human intervention inside the silo, the cleaning operation aimed to improve the efficency of the raw meal silo and safety by removing invalid materials remained inside the silo which are causing problem extraction and reduced the storage capacity. Human intervention in the operation of Cleaning Works particulary inside the silo are very dangerous and result in many accidents through sudden collapses and falls of materials, explosion or asphyxiation, QNCC is looking for an experience contractor for the execution of the required Cleaning Works avoiding human intervention to execute such works.

2. Cleaning of all surface.

3. Industrial vacuuming of the floor to facilitate change-out of air cushions.

4. Clean the work sites inside the plant and remove of any waste produced during the process.

C. THE CHARACTERISTICS OF RAW MEAL SILO WITH A CAPACITY OF 15.000 TONS :

Content : Raw MealDensity : 1.1 T/m3

Temp : 55oCWorking Height : 42 metersOverall Height : 75mPartial Size : 10-15 retains on 90 micronMoisture : Less than 1%Diameter : 20 meters





Appearance of Product : looseConcrete SiloCleaning material to be re-usedCapacity : 15,000 tonsRemoval of almost (+2,000) tons of not recoverableOne man hole window at top of the siloOne entrance door to the silosFirst time cleaningFluidization of material by air slide systemMaterial extraction from the center of the mixing chamber of the silo

D. THE CONTRACTOR’S RESPONSIBILITIES .

1Provide all the needed tools, machines and equipment in a good safety condition for execution of all needed cleaning works at site and supply an extractor to ensure maximum removal of any stuck materials from the silo.

2Should take all the necessary arrangement and procedures to secure his qualified manpower and guard his equipment(s) at sites.

3 Provide his personnel/team with food, accommodation and transportation at site.

4 All Personal Protection and safety equipment’s required to carry out the scope of works and Store Room or container for storing equipment, tools and one temporary office at site

5Responsible to ensure proper conduct, discipline and behavior of their personnel/team at site and coordination with the OWNER/QNCC and other CONTRACTOR(s) involved in the project site.

6 Undertake to use efficient equipment(s) to execute the works without harming the environment

7The curriculum vitae of the proposed manpower and an undertaking that such change of personnel/team categories neither inconveniences the QNCC nor causes to the QNCC. A copy of the I.D. card for each personnel before starting the works.

8 Provide his team with a special uniform different from the QNCC’s workers and staff, in addition to providing them with all the industrial safety tools.

9Bear any damage occur during the execution of the works inside the plant in addition to bearing compensation for direct loss occur due to any of the CONTRACTOR actions or his followers.

10In case they are going to replace or adds any personnel/team at the site, they should submit all the above mentioned documents in item no. 7 for the new personnel/team before starting the works at site.

11 Responsible for any damages occur to his personnel/team or the theft or loss of his equipments.

12 Provide or submit the action plan with time firm for exection of scope of works subject to this tender.

E. THE OWNER’S RESPONSIBILITIES.





S./NO RESPONSIBILITY1 Suitable working conditions.2 Provide drinking water at site for our personnel.

3

By entrusting the cleaning of the silo to CONTRACTOR, the QNCC undertakes to weigh the material extracted from the silo and inform the person in charge of the CONTRACTOR intervention. The QNCC will provide weighing equipment at the exit of the storage unit so as to be able to check beyond dispute the tonnage removed

4 Issuance of needed gate pass required for the CONTRACTOR’s personnel/team against submission of the necessary documents subject to the approval of the QNCC.

5 When recycling the material, the Client is responsible for setting up any adapted extracting means or devices.

We undertake to execute and complete “Raw Meal Silo Cleaning Works in Cement Plant No. 4 @ Umm-Bab, State of Qatar, as defined in the scope of works, responsibilities mentioned in the above, studied/accepted and signed by us.

_________________________________ __________________ Tenderer/Bidder Name Date


Stamp/Seal


DRAWINGS




F. DRAWING

Sr.# Drawing No. or Drawing Title01 Raw Meal Storage Silo EC, Arrangement Drawing


FORM OF SCHEDULE OF PRICES




FORM OF BREAKDOWN AND PRICES(ON TENDERER LETTER HEAD)

S/No. Particulars Unit Amount Total Amount





01 Mobilization of all the needed equipment to the site works

02Execution of all the required Cleaning Works at site

03Completion , Demobilization and hand over the site

Totalin words



Stamp/Seal


FORM OF PERFORMANCE BOND




FORM OF PERFORMANCE BOND(ON BANK LETTER HEAD )

Qatar National Cement Co., (Q.S.C) Date ……………..P.O Box 1333,Doha, State of Qatar

Greetings

Letter of Guarantee No …………………………………………………………. Upon request of M/S……………………………. We hereby guarantee to pay to you or to your legal representative an amount of QAR/USD………….. Upon


FORM OF DOWN PAYMENT GUARANTEE




first written demand not withstanding any contestants by the “Contractor”, in connection with General Tender No.02/2013 related to …………… this letter of guarantee shall be effective and come in full force from …….. and expiry on …………... after expiry of ninety (90) days from the issuance date of the provisional acceptance, as defined in the Contract.

As guarantee for the fulfillment of the obligations of the aforementioned contract by the “Contractor” in the establishment time and in accordance with the conditions and terms as specified in the contract.






FORM OF DOWN PAYMENT GUARANTEE(ON BANK LETTER HEAD)

M/S. Qatar National Cement Co. (Q.S.C)P.O Box 1333, Doha, State of Qatar

Subject : Advance Payment Guarantee

Greetings,

By this irrevocable Guarantee, ………….., incorporated under the laws of State of Qatar (herein after called surety) pursuant to the execution and completion of contract for EXECUTION & COMPLETION OF RAW MEAL SILO CLEANING WORKS IN CEMENT PLANT NO. IV AT UMM-BAB, STATE OF QATAR, as


FORM OF QUALIFICATIONS AND EXCEPTIONS




dated ……………….by and between Qatar National Cement Co., Q.S.C. (herein after called the Owner) and M/S …………………….. (herein after called the Contractor), this down payment guarantee to bind ourselves and our successors and assigns both jointly as well severally to pay irrevocably and unconditionally on demand by the Owner and without any recourse to the CONTRACTOR or any third party, to the extent amount of QAR/USD………. being advance payment amount equivalent to 10% of the contract total lump sum price. Against simple written request of Owner indicating that Contractor is in default and the Owner demands the amount to be paid by surety.

The gurantee shall come in force on effecting receipt of advance payment amount and shall be valid until the amount of this advance payment guarantee is fully recovered and issuance of provisional acceptance certificate as defined in the Contract.






FORM OF QUALIFICATIONS/EXCEPTIONS(ON TENDERER LETTER HEAD)

We have following exceptions/qualifications on the above tender offer.SN. Narration Amount (+, -) Time ( +, -)

1

2

3





4

5

Total



Stamp/Seal


GENERAL CONDITION OF CONTRACT




GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS AND INTERPRETATION

1.1 DEFINITIONS

In this part/section the following expressions shall have the meanings prescribed to them hereunder except where the context otherwise requires.

“CONTRACT” shall include the Form of Agreement, the General Condition of Contract, the Scope of works, Specs., Reports, Breakdown of Prices, Letter of Award, Notice to Proceed and all agreed documents in relation to the requested works shall be executed at site.

“OWNER” means QATAR NATIONAL CEMENT COMPANY, (Q.S.C) or his lawful assignee or successor.

“CONTRACTOR” means the successful tenderer has signed the Contract or his lawful assignee or Successor.

“OWNER” means Qatar National cement company (Q.S.C) in the contract.





“PARTIES” means the OWNER and the CONTRACTOR.

“SCOPE OF WORKS” means the required works to be executed @ site by the CONTRACTOR as described under the scope of works in these tender documents.

“CONTRACT LUMP SUM PRICE” means the fixed total price as set out payable to CONTRACTOR by the OWNER for provision of CONTRACT Scope of works in these tender documents.

“DESIGN” means all of the works to be rendered and provided by CONTRACTOR in accordance with scope of works, the others CONTRACTOR’s responsibilities mentioned in these General Conditions of Contract.

“OUTLINE DRAWINGS” means the drawings prepared by CONTRACTOR and annexed to or issued with these Standard Conditions and such is contained in the Contract.

“WORKS” means the works to be executed, completed and maintained by the CONTRACTOR as described under the scope of works in the tender documents.

“PROVISIONAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by OWNER and delivered to the CONTRACTOR stating that the works have been substantially and successfully completed at site in accordance with the terms and conditions as set out in the contract.

“FINAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by OWNER and delivered to the CONTRACTOR, stating that the works successfully completed and is finally by ending of ninety (90) days calculated from the issuance date of provisional acceptance certificate and with no default and as per terms and conditions defined in the contract.

1.2 INTERPRETATIONS

1.2.1 A reference to an individual or person, includes a corporation, firm, partnership, joint venture, association, authority, trust, state or government and vice versa.

1.2.2 Words importing the singular shall include the plural and vice versa.1.2.3 A reference to any gender includes all genders.1.2.4 A reference to any agreement or document is to that agreement or document (and

where applicable any of its provisions) as amended, innovated, restated or replaced from time to time.

1.2.5 A reference to any agreement or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns.

1.2.6 Article headings and index are for reference only and shall not affect interpretation.1.2.7 The Annexes (if any) to this Schedule shall form a part thereof, however in the event of

any conflict between the Annexes and Articles of this Schedule, the articles shall prevail.

1.2.8 If any terms or any part thereof (in this Article called the “offending term”) contained in this Schedule shall be or be declared or become unenforceable, invalid or illegal for any reason whatsoever then provided the commercial intent of the agreement is not adversely affected the other terms of this Schedule shall remain in full force and effect as if the Agreement had been signed without the offending terms appearing herein. The parties hereto agree to substitute if possible for such offending term a new tern to the fullest possible extent.





2. COMMENCEMENT OF EXECUTION PERIOD.

2.1 The Execution Period of the Works shall commence from the fixed date in notice to proceed letter issued by the “OWNER” for the commencement of the execution and completion of the required Works at Site once the “CONTRACTOR” acknowledge and accepts the notice to proceed letter sent to him by the “OWNER”.

2.2 Works required shall commence and be completed in accordance with the time schedule embodied in the contract.

2.3 There shall be no extensions to the period for completion of the works unless the contract period of the works is extended with the written consent of the OWNER in which case the corresponding extension shall be granted to the CONTRACTOR provided such extension is required due to the default of the OWNER or the CONTRACTOR or for reasons as stated in the Contract.

2.4 Terms defined in the other documents of Contract where applicable to have the same meanings used herein unless the context requires otherwise.

3. SCOPE OF WORKS

The CONTRACTOR shall undertake to execute the works in accordance with the terms and conditions as set out in the Contract.

4. CONTRACTOR’S FACILITIES AND TOOLS

4.1 Facilities Required During the Execution Period

During the execution period of Contract, the CONTRACTOR should arrange the necessary accommodation for his personnel/team and on his own cost.

4.2 Costs of Food, Accommodation and Transportation will be charged on the account of the CONTRACTOR

4.3 Equipment and Materials

Specialized equipment and materials furnished by the OWNER to the CONTRACTOR or purchased by the OWNER for the CONTRACTOR with funds wholly supplied or reimbursed by the OWNER shall be the property of the OWNER and shall be marked for identification purposes by the CONTRACTOR and/or the OWNER. The CONTRACTOR shall be responsible for ensuring that any such equipment and materials provided by the OWNER are maintained by him in good condition.

4.4 Disposal of Equipment and Materials

Upon completion or termination of the works, the CONTRACTOR shall furnish to the OWNER inventories of the equipment and materials supplied to him by the OWNER,





which are to be disposed or an deliver the equipment to the OWNER and dispose of any unwanted materials as directed by the OWNER.

4.5 Site PersonnelAll persons/manpower working for the CONTRACTOR shall be under his direct employment/sponsorship and supervision.

5. TIME SCHEDULE FOR COMPLETION

The Time Schedule for completion of all the Cleaning Works shall be agreed and embodied in the Contract.

6. CONTRACT LUM SUM PRICE PAYABLE TO THE CONTRACTOR

The Contract Lump Sum Price payable to the CONTRACTOR for the provision and completion of the works shall be allocated and payable in respect of the different stages of the Scope of works as provided hereunder.

6.1 Contract lump sum price for Modified Scope of works.

Where additional works are necessary due to changes within the Scope of works requested by the OWNER an additional price to be mutually agreed upon by the OWNER and the CONTRACTOR shall be granted to the CONTRACTOR.

The basis for the additional price shall be agreed to in writing between the OWNER and the CONTRACTOR prior to the commencement of provision of the additional scope of works.

6.2 Inclusive Contract Lump Sum Price

6.2.1 The contract Lump Sum Price payable to the CONTRACTOR shall include all cost, overhead, profits, taxes, charges, payments to his sub-contractors and all costs and expenses of whatsoever nature for the performance and completion of the scope of works pursuant to the terms of the Contract.

6.2.2 The CONTRACTOR signing the Contract confirms that he is aware of all other cost or charges to be incurred and which are necessary for it to carry out and complete the scope of works required under the contract.

6.2.3 No claim will be accepted by the OWNER from the CONTRACTOR due to the CONTRACTOR’s lack of knowledge in respect of any matter affecting the level or adequacy of the contract lump sum prices payable to the CONTRACTOR pursuant to the terms of the Contract.

7. PAYMENT TERMS

7.1 The Tenderer/Bidder shall submit his tender offer on the basis of payment in Qatari Riyals or US Dollars and the 100% (one hundred) percent of the total contract lump sum price to be paid as follows:





7.1.1 10% (Ten) percent of the Contract lump sum price will be paid to the CONTRACTOR as advance payment against submission of a bank guarantee of the same value in favour of the OWNER by the CONTRACTOR as per form of advance payment guarantee.

7.1.2 90% (Ninety) percent of the remaining contract total price will be released against presentation of Interim Certificate(s) by the CONTRACTOR as progress of the execution of scope of works at site and the settlement of each interim certificate approved by the Owner and all the invoices shall be subject to the following;

7.1.2.1 Deduction of 10% (Ten) percent Retention (The retention amount shall be released upon issuance of Provisional Acceptance Certificate).

7.1.2.2 Deduction of Withholding tax/ Retention as per Tax Law No.21 of 2009 of the State of Qatar.

7.1.3 The payment scheme is valid in the assumption that the progress of the works by the CONTRACTOR in the execution of works is in accordance with the Contract time schedule.

7.1.4 Should the works or part of it be delayed for any reasons beyond control, the payments would be made at the relevant dates specified in the original contract time schedule.

7.1.5 All invoices should be submitted by the CONTRACTOR certified and approved by the OWNER.

7.1.6 All payments shall be made out by the bank transfer to the account of the CONTRACTOR will be provided by the later at the time of signing of the Contract.

7.2 Advance Payment Guarantee

The CONTRACTOR shall issue an Advance Payment Guarantee in an amount equivalent to the down payment, through a first class reputable Bank operated in Qatar acceptable to the OWNER. This guarantee will be issued at the signature of the contract, and shall be valid until the amount of the Advance Payment is fully recovered and released against issuance of Provisional Acceptance Certificate.

7.3 Performance Bond

The Contractor shall issue an Advance Payment Guarantee in an amount equivalent to the down payment amount, through a first class reputable Bank operated in Qatar or any other Bank acceptable to the Owner. This guarantee will be issued at the signature of the Contract, and shall be valid until the amount of the Advance Payment is fully recovered and released against issuance of Provisional Acceptance Certificate.

7.4 CURRENCY





The contract price payable to CONTRACTOR shall be calculated and paid in QAR or USD. There shall be no adjustment to the contract price due to fluctuations and variations of rates of exchange between the Qatari Riyals and any other foreign currency.

8. LIQUIDATED DAMAGES FOR DELAYS

Should Contractor fail to execute or complete the required works within the contractual time schedules as defined in the contract and should the damage be deferred due exclusively to such delay, the QNCC shall be entitled to receive/impose liquidated damages calculated on the basis of 0.5% of each day or part of day of such delay up to a maximum of 10% of the contract total price.

9. FORCE MAJEURE

9.1 Payment

If at any time before the completion of the scope of works under the contract any part of the works shall be damages or destroyed as a consequence of Force Majeure, as defined in Sub-Section-9.3 (Default) hereof, occurring within the State of Qatar beyond the control of CONTRACTOR and form unforeseen cause, CONTRACTOR will receive the proportionate payment for any additional scope of works which may be requires to be completed only by him as a result of such damage or destruction.

9.2 Circumstances Beyond Control

Any of the Parties affected by Force majeure shall promptly notify the other parties in writing of any situation or event occurring within the State of Qatar arising from any circumstances beyond their control, which is unavoidable and which could not reasonably be foreseen and which makes it impossible for the affected party to carry out in whole or in part its obligations under the contract.

9.3 Default

Neither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions, revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards, extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring within the State of Qatar which is beyond the control of the Parties, unavoidable which could not reasonably be foreseen and which renders impossible the fulfillment of the contract.

9.4 Delays in Performance





If the performance of any obligations or responsibilities of any Party is delayed for more than Thirty (30) days, the term of this contract shall either be extended for such period or the contract may be terminated at the OWNER’s choice. In the event that the performance of the works is prevented in whole or in part due to an occurrence referred to in Clause-9.3 (Default) hereof, then the OWNER shall have the option at any time after the commencement of such occurrence to terminate the Contract by giving written notice to CONTRACTOR. The payment on termination shall be assessed as the reasonable and actual cost incurred by CONTRACTOR to demobilize those staff whose works are related to the scope of works.

9.5 Notice of Termination

If a termination notice is given as a result of Force Majeure as per Sub-Section-9.3 (Default) above, the termination shall become effective upon receipt by CONTRACTOR of the OWNER’s notice to terminate.

10. TERMINATION OF THE CONTRACT

Should CONTRACTOR fail for more than Thirty (30) days after written notice to discharge its contractual obligations as set out in the Contract and cease to comply with provisions of the scope of works except in the case of Force Majeure, the OWNER shall have the right to terminate immediately the contract.

11. CONFIDENTIALITY

11.1 OWNER shall treat the details of this Contract and all documents prepared hereunder as private and confidential (save in so far as it may be necessary to pay any such decisions for the performance of its duties hereunder) and shall not publish or disclose the same or any particulars thereof in any trade of technical paper or elsewhere without the prior written consent of the OWNER. CONTRACTOR shall ensure that its personnel and sub-contractors enter into similar confidentiality undertakings towards the OWNER.

11.2 Documents shall remain the property of the OWNER

11.3 All Documents prepared by CONTRACTOR for the works or provided to him by the OWNER shall remain confidential. during the contract duration period, the drawings shall remain in the sole custody of OWNER.

12. INFORMATION REQUIREMENTS

12.1 CONTRACTOR shall submit the following information to the OWNER, at such regular interval as are appropriate:

a) All communications, which:

1. State or indicate the possibility of an intention to claim additional time or money.





2. Relate to security, access or personnel to the Site area, accidents and safety of personnel, insurances or other matters, which may be considered of interest to the OWNER or may require action by him.

b) Programme and Schedules as follows:

1. All programmes and schedules of information requirements from the OWNER to CONTRACTOR and vice versa.

2. All interim or stage programmes issued by the OWNER.

c) Status reports, which must include statements on :[

1. Progress of Works.2. Performance of the CONTRACTOR’s personnel/team in particular with regard

to non-compliance with all such duties and obligations as are contained in the contract.

3. Quality of the Works.4. Any problems at site and action taken.5. Any Works variation to the contract duration or contract price with financial

details and any reasons which indicate, in view of CONTRACTOR, that these are likely to be varied in the future.

d) Full details of the CONTRACTOR’S personnel/team on the site, calculated and reported on every three(3) days basis.

12.2 Variations

CONTRACTOR shall clearly identify any Variation Orders as being issued one of the following categories:

a) Variations which alter, amend or delete items contained in the Contract and which variation does not alter the scope of works, is not charged against contingencies and which does not increase the contract total price;

b) Variations which will increase the contract total price and will require the commitment of additional funds

c) Variations which are charged against contingencies as per Sub-Section 12.3 hereunder.

12.3 Contingencies

Not Applicable

12.4 Handling Over

When CONTRACTOR shall determine that a part or all of the scope of works has been completed and is acceptable for use by the OWNER then CONTRACTOR shall give sufficient prior written notice to the OWNER that such works or part of it is substantially completed and is ready for handing over and OWNER shall check and approve the completed part or all of scope of works and if accepted the OWNER will issue the Provisional Acceptance Certificate as per applicable Section (PROVISIONAL ACCEPTANCE CERTIFICATE) of the contract.





12.5 CONTRACTOR’s Personnel/TeamCONTRACTOR shall provide all the requirement of specialized personnel/team having experience in in the execution of such cleaning works in the cement plant or similar silo(s). The qualifications and experience of CONTRACTOR’s personnel/team categories should be approved by the OWNER prior to their recruitment by the CONTRACTOR to the site.

12.6 Replacement of Recruited Personnel/Team by CONTRACTOR

CONTRACTOR shall not replace the povided personnel/team for execution of scope of works at site subject to this contract without first obtaining the prior written approval of the OWNER. Any request to replace the provided personnel/team to the site shall be accompanied by the curriculum vitae of the proposed new personnel/team and an undertaking that such change of personnel/team categories neither inconveniences the OWNER nor causes to the OWNER any delay or extra costs.

13. ASSIGNMENT

CONTRACTOR shall not assign or transfer the benefit or obligation of the Contract or any part thereof to any third party without the prior written approval of the OWNER. However, CONTRACTOR shall be entitled at any time to take into partnership another partner or partners (or directors) and he or they shall be deemed to be included in the expression “CONTRACTOR”.

14. TAXES

CONTRACTOR shall be responsible for the payment of all taxes including income tax, customs or import duties, training levies and all other levies and taxes applicable by laws, any regulatory or concerned authorities in the State of Qatar. Any new taxes decides by State of Qatar Authorities or modifications of the existing taxes after the date of signing of the Contract shall be mutually discussed in order to adapt the contractual price accordingly.

15. VISA AND PERMITS

Not Applicable

16. THE OWNER’S RESPONSIBILITY

16.1 Information to CONTRACTOR

The OWNER shall furnish all pertinent data and information available to him and shall give such assistance as shall reasonably be required by CONTRACTOR for performing his duties and discharging his obligations under the contract.

16.2 Decisions





The OWNER shall give its decisions on all sketches, drawings, report recommendations and other matters properly referred to it by CONTRACTOR in writing and in reasonable time so as not to delay the performance of the Contractor in the respect Scope of Works under this contract.

17. THE CONTRACTOR’S RESPONSIBILITY

17.1 Providing trained direct and indirect personnel/team with experience in cement to execute the required silo cleaning works and submittal of I.D. card copy for all CONTRACTOR’s team.

17.2 Responsible for the supervision on his personnel/team during the execution, completion and maintenance of the works.

17.3 Provide Medical and Accidental Insurance Cover.17.4 Providing Visa Arrangement, immigration fee and other convinience cost for his

personnel/team.17.5 Covering of all personnel/team salaries, wages and workers compensations.17.6 Cost of personnel air flights, visas as well as accommodation and internal transportation

to and from the OWNER’s sites.17.7 Obligate his personnel/team to follow the discipline, Safety and rules of the OWNER.17.8 Responsible for safety of his personnel/team and take all the needed procedures to

secure them and guards his equipments at site works.17.9 Responsible for compensation of his personnel/team for any damages occur to them or

the theft or loss of his equiment.17.10 Arranging to issue the required insurance cover for his personnel/team @ site works as

per the concerned Qatari Competent Laws & incompliance with Qatari Labor Law. 17.11 Provide the site works with safety representative, safety equipments and unifom for his

personnel/team.17.12 Compliance with all applicable Qatari Laws and by Laws Provisions.

18. THE OWNER’S APPROVAL

The OWNER’s specific approval in writing shall be required by CONTRACTOR prior to the following:

a) Assignment or subletting by the CONTRACTOR of any part of the scope of works.

b) Any direct instructions by CONTRACTOR imposing to its provided personnel/team a method of working different to that stated in the contract or modifying the accepted method included and agreed at tender stage.

19. SCOPE OF LIABILITY OF CONTRACTOR

19.1 Errors and Omission

CONTRACTOR is liable for all the detrimental consequences of its recommendation, negligent acts, errors and omissions on its part or on the other parts of its personnel/team, sub-contractor(s), agents or assignees in discharge of its contractual obligations under this contract.

CONTRACTOR’S Manpower shall execute the works in accordance with all the requirements and criteria in the contract and in accordance with standards of care and diligence generally practice and expected by Contracting Firms possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.





19.2 Defects

CONTRACTOR, at his own expense, carry out any alterations or remedial on any part/section of the works necessitated by reason of such errors and omissions for which he is responsible and modify the drawings and information accordingly.

19.3 Limitation

It is also understood that CONTRACTOR has no responsibility of fulfilling any obligations out of the obligations defined in this contract.

19.4 Insurance Cover

CONTRACTOR shall take all insurance policies/covers for his own providied manpower at site (such as medical, life, accident, worksmen compensation etc.) in accordance with the Qatari laws and regulations of the State of Qatar.Such certificate(s) and policies shall be issued by a reputable insurance company operating in the state of Qatar and accepted by the OWNER. The CONTRACTOR shall submit such policy copies to the OWNER before commencement of works at site.

19.5 Violation of Rights of Third Parties

CONTRACTOR shall be responsible for violation of the rights of third parties unless he has not been given correct information concerning these provision or rights or that he has brought to the notice of the OWNER such liability beforehand.

20. NOTICES

All notices under this contract shall be given in writing and will be deemed to have been given if delivered by one of the following means:

- By fax transmission

- By e-mail transmission confirmed by fax or express courier

- By express courier or telegram transmission

21. LANGUAGE OF THE CONTRACTThe language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence, General Conditions of Contract etc. shall be in the English Language. In case of these Contract documents being translated into ArabicText for the benefit of any regulatory body in the State of Qatar and will arise a conflict between the English and Arabic text, the English text shall prevail.

22. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

22.1 Settlement of Disputes





In case of any dispute arising between the CONTRACTOR and the OWNER, the parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 90 days of its arising, the same shall be referred to the Qatari Competent Court(s).

22.2 Applicable Law

Applicable law shall be Qatari Law.

22.3 Works to Continue

Performance of the Contract shall continue during judicial proceedings unless the OWNER shall order suspension thereof, and if any such suspension shall be ordered, the reasonable expenses of the CONTRACTOR occasioned by such suspension shall be included in the total lump sum price of the contract if the Qatari Court(s) so decides. No payment due or payable by the OWNER shall be withheld on account of pending reference to the Qatari Competent Court(s).

Ended
