Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar Tender Documents Table 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 Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 TENDER DOCUMENTS 2 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar INSTRUCTIONS TO TENDERER TENDER DOCUMENTS 3 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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-1 Instruction to Tenderers Tender General Conditions Letter of Acknowledgement Form of Tender Form of Tender Bond Part-2 Form of Agreement SOW and Drawing– if any Form of Breakdown of Prices Form of Performance Bond Form of Advance Payment Guarantee Form of Qualifications and Exceptions General 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 DOCUMENTS 4 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 5 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 Qatar Tele (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 Qatar Tele. No. (00974) 44712 880 Fax No. (00974) 4471 2 585 Extension 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 DOCUMENTS 6 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar TENDER GENERAL CONDITIONS TENDER DOCUMENTS 7 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 8 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 9 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 @ UmmBab, 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. TENDER DOCUMENTS 10 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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). ------------------------------------------------------------------------------------------------------------- TENDER DOCUMENTS 11 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar LETTER OF ACKNOWLEDGEMENT TENDER DOCUMENTS 12 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar LETTER OF ACKNOWLEDGEMENT (ON THE LETTER HEAD OF TENDERER/BIDDER) Date: ………………… Ref. No.: ……………………………. To: Chairman of Tender and Procurement Committee Qatar National Cement Company (Q.S.C.) P.O.Box; 1333 Doha, 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 TENDER DOCUMENTS 13 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF TENDER TENDER DOCUMENTS 14 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 15 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of 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 specify d) …………………………………………... 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 …………………………… TENDER DOCUMENTS 16 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF TENDER BOND TENDER DOCUMENTS 17 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 TENDER DOCUMENTS 18 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 19 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF AGREEMENT TENDER DOCUMENTS 20 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar صيغة االتفاق FORM OF AGREEMENT The Agreement has been made on this……………….. ..., 2013, by and between: 1. QATAR NATIONAL CEMENT COMPANY, (Q.S.C.) P.O. BOX: 1333 DOHA, QATAR herein after called the “Owner “ the First Party ………………………………... 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:- PROVIDES / الســــــادة.2 لما كان 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 رنجاز أعمال تنظيف ص معة ال جاة "المالك يهغب ام جب المناقصة، اأإ ااب:الخاإ امصنع األسمنت الهااع الكائن أن "المقاول" يهغب، إ م ض ع افا العقد2013/02 :العامة هقإ تنفيف ركمال األعمال م ض ع افا العقد المتضمن كل ما ا ضه هي إلنجازاا ركمالها س اء كانت محددة أ غيه محددة احسب الشه ط اآلحكاإ المتفق عليها كما ا، االعقد -:مفك ه انا يما يل آدناه : فقد تم االتفاق على ما يلي AS 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 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: TENDER DOCUMENTS 1333 : ب0 ص تسمى يما اعد "المالك" الطرف األول وتسمى فيما بعد "المقاول " الطهف الثانى.......:ب0ص WHEREAS AGREEMENT .1 قطه- الد حة ........................... … Herein after called the “Contractor”the Second Party P.O.BOX: NOW THIS FOLLOWS: )ق0م0شركة قطر الوطنية لصناعة األسمنت (ش و And 2. M /S . م يممما2013 ............. تممإ راممهاإ اممفا االتفمماق م ي م إ :اين 21 افا االتفاق إن الكلمات العااهات يك ن لها الشه ط العامة نفس المعان المخصصة لها 0 للعقد حساما سيهد يما اعد .1 جمدا لها الملحقمة أ أيمة، رن المستندات التالية قمط تشكل جميعما" العقمد امين، رن جدت- ملحقات أخهى تفسممه نصم ص العقمد الم اهدة،""المالكك" "المقكاول : افه المستندات كما يل .2 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 A- This Form of Agreement; B- The General Conditions of Contract; Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar صيغة افا االتفاق ؛ الشه ط العامة للعقد ؛ المقممممما ل االمناقصمممممة المقمممممدإ/المنممممماقص الفائز 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 التعهيف إن المستندات ملحقاتها ألغها قد تإ التأشيه، المفك هة تعتاه جزءا" مكمال للعقد . "عليها من قال "للمالك" "المقاول prevail: 4. 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 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. 6. The ““Contractor”” 0ملحقاته إ2013/ ...... /......:اتاهيـخ ممم حالمممة جممم د أي تعممماه امممين أي جمممزء ممممن.3 مممن2 المدهجممة م الانممد، المسممتندات المتعممددة : إن األ ل ية تس د كما يل، صيغة االتفاق الماثل ج د؛، أ ) يك ن لها األ ل ية على ب ب) يك ن لها األ ل ية على ج د؛ 0ج) يك ن لها األ ل ية على د Will have priority over b, c and d; Will have priority over c, d and Will have priority over d. shall hereafter be of any contractual effect. 5. د) مستنداتا"للمالك"لمتضمنة كا ة ايانات المتطلاات الخاصة، الم اصفات الهس مات المفك هة انا 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”. 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 a. b. c. ج) عمممممه dated (FAX/PUR.COMM./13 /………..) ……/……/2013 and it’s annexes. )ب 201/.../.. :( ممممم تممممماهيخ.............( اإشممممماهة "إ ملحقاته المعتمدة من قال"المالك ات صيف األعمال من قال"للمالك" قال تهسية المناقصة (FAX/TEND.&PRO.COMT/13)كتاب التهسـية هقـإ elaborated by the ‘’Owner’’ for the works before awarding the Tender, awarding letter ref 3. )أ shall be fully responsible for the يعتاممه تحديممدا" كممامال" لكا ممة، العقممد كممما سمماق ايانممه "الحقممم ق االلتزاممممات التعاقديمممة يمممما امممين "المالكككك اشممأن األعمممال ال يعتممد االمفا ضممات أ، ""المقككاول أية مستندات أتفمق عليهما أ قعمت اينهمما قامل تماهيخ .4 0 راهاإ العقد ال تتهتب عليها أية آثاه تعاقدية معل إ أن "المقاول" قد حصل لنفسه على المعل مات فلك الج انب الفنية كل الج انب اما ال ا ية كما أنه من المعل إ. ظه ف الم قع التسهيالت المتفق عليه أن "المقاول" مسئ ل تجاه"المالك"عن كا ة .التزاماته التعاقدية .5 : يك ن "المقاول" مسؤ ال" تماما" عن اآلت.6 following: TENDER DOCUMENTS 22 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 a. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 التعليمات االت جيهات االلتزاإ التاإ )أ م اقع "الصادهة من قال الفنيين ممثل "المالك تنفيف األعمال كفلك ت يه كا ة متطلاات العمل طاقا لنطاق العمل المحدد خالل المدة المفك هة ى .العقد time mentioned in the Contract. 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. 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. ""المالك. التهتيب لعقد رجتماعات مع ممثل ام اقع العمل قت الت قفات للتنسيق ، التعا ن يما اينهما لتنفيف األعمال المطل اة متااعته هيق العمل االم قع حل المشاكل الت قد تنشأ فات الصلة افهيق العمل التااع اهدف تحقيق أ ضل أداء سايل رنجاز، له )ب .األعمال م ض ع العقد العناية ، العقد المهنية التقنيات األعمال القياإ اأداء رلتزاماته اكل المهاهة ام جب، المعق لة ج دة األداء قا˭ أل ضل المعاييه فلك اإستخداإ أحدث الطهق ال سائل األكثه تط ها˭ مجال التنفيف لهفه .اص هة أمنة د لة د) االلتزاإ االق انين رحتهاإ األنظمة المطاقة .قطه d. Comply with the Laws and respect the )ج Regulations applicable in the State of Qatar. 7. The Contract total price is the sum of …………………….) QAR only(. = سممممممممـعه العممممممممـقد اإلجمممممممممال مالــممممممممـ قممممممممدهه.7 0) (…………………. 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. ي مما˭ ممن تماهيخ ادايمة........ تك ن مدة التنفيف لالعمال.8 تنفيف األعمال الفي يحدده المالك ام جمب رخطاهكتماا ."يسلإ "المقاول 9. The Contract shall come into force from its concluding and signing date by the Owner and the Contractor. يادأ نفاف العقد من تاهيخ راهامه ت قيعه من المالكك.9 .""المقاول 10. 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. TENDER DOCUMENTS 23 يحمممق "للمالكككك" ممم أي قمممت تعيمممين شمممخص أ.10 أشممخاص أ شممهكة أ شممهكات لتمثلممه م تنفيممف العقممد اإلشممهاف علممى أسممل ب تنفيممف األعمممال كمهندسممين أ استشمماهيين يكمممم ن "للمالككككك"الحممممق مممم، أ مفتشممممين أ مشممممه ين على أن يتإ فلمك ام جمب رخطماه، استادالهإ اآخهين 0 "كتاا "للمقاول CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 11. The “Owner” shall pay to Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. 12. يلتزإ "المالك"اأن يد ع "للمقاول" الد عات.11 طاقا" لشه ط الد ع، المستحقة ام جب العقد . االشه ط العامة للعقد7:المفك هة االمادة هقإ يحممق "للمالككك"خصممإ مقممداه ضممهياة الممدخل المسممتحقة علممى فلك، "المقكاول" من ثمن العقد قا ألحكاإ القان ن هقمإ . إ2009/) لسنة21( 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. من الشه ط العاممة للعقمد )8(تطاق حكإ المادة هقإ فلمك م حمال شمل، اشأن تع ي الضههالناتج عمن التمأخيه "المقاول" رنجاز أ ركمال األعمال خمالل ممدة التنفيمف The “Owner” has the right to appoint another Contractor to execute or complete the works on the account of Contractor deducting from the Contract يحمممق "للمالكككك" أن يعكككين مقكككاول آخمممه لتنفيمممف أ ركممممال . على حساب "المقاول" خصما˭ من قيمة العقد، األعمال ، افا العقد .12 المتفق عليها value. 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 . 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_ . 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. .""المالك كفالمة/ قاإ "المقاول" اتسمليإ "المالكك" ضممان انك.14 مممن%10 مايعممادل، ..................../ اإلنجمماز امال م ) صممادهة..................( كفالممة هقــ مـإ، رجمممال سممعه العقممد سممماهية، إ2013/...../..... اتاهيـمممـخ، ..............ممممن 0 إ201 /......./..... المفع ل لغاية جميمممع المنازعمممات الخال مممات التممم تنشمممأ امممين.15 الطممه ين اشممأن العقممد يممتإ الفصممل يهمما قمما" ألحكمماإ يكممم ن اإلختصممماص، نصممم ص القمممان ن القطمممهي 0للقضاء القطهي االختصاص رثااتا" لما تقدإ قاإ الطه ان االت قيع على افا العقد IN WITNESS whereof the Parties hereto have signed the present Contract. TENDER DOCUMENTS يلتممزإ "المقككاول" اممأن يستصممده كا ممة ثممائق التممأمين.13 الت م تغط م المخمماطه كممما تحممدداا ممهع المممادة هقممإ )االشمه ط العامممة للعقممد أن يسمملمها للمالممك قاممل4-19( ادء تنفيف األعمال امالم قع علمى أن يمتإ استصمداه امفه ال ثممائق مممن شممهكة تممأمين تعمممل اد لممة قطممه ي ا ممق عليهمما 24 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar "عــن "المالك FOR “Contractor” : التوقيـــع ………………………………………………. : االســم ……………………………………….. :الوظيفـة SIGNATURE: NAME : ………………………………………………. TITLE : ………………………………………………. :الختم STAMP: TENDER DOCUMENTS 25 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar SOW AND TECHNICAL ASPECTS TENDER DOCUMENTS 26 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 A. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 Meal Density : 1.1 T/m3 Temp : 55oC Working Height : 42 meters Overall Height : 75m Partial Size : 10-15 retains on 90 micron Moisture : Less than 1% Diameter : 20 meters Appearance of Product : loose Concrete Silo Cleaning material to be re-used Capacity : 15,000 tons Removal of almost (+2,000) tons of not recoverable One man hole window at top of the silo One entrance door to the silos First time cleaning Fluidization of material by air slide system Material extraction from the center of the mixing chamber of the silo TENDER DOCUMENTS 27 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar D. THE CONTRACTOR’S RESPONSIBILITIES. 1 Provide 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. 2 Should take all the necessary arrangement and procedures to secure his qualified manpower and guard his equipment(s) at sites. 3 4 5 6 7 8 9 10 11 12 E. Provide his personnel/team with food, accommodation and transportation at site. 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 Responsible 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. Undertake to use efficient equipment(s) to execute the works without harming the environment The 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. 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. Bear 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. In 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. Responsible for any damages occur to his personnel/team or the theft or loss of his equipments. Provide or submit the action plan with time firm for exection of scope of works subject to this tender. THE OWNER’S RESPONSIBILITIES. S./NO 1 2 3 4 5 RESPONSIBILITY Suitable working conditions. Provide drinking water at site for our personnel. 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 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. When recycling the material, the Client is responsible for setting up any adapted extracting means or devices. TENDER DOCUMENTS 28 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 _________________________________ Authorize Person’s Name/Signature __________________ Date Stamp/Seal TENDER DOCUMENTS 29 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar DRAWINGS TENDER DOCUMENTS 30 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 F. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar DRAWING Sr.# 01 Drawing No. or Drawing Title Raw Meal Storage Silo EC, Arrangement Drawing TENDER DOCUMENTS 31 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF SCHEDULE OF PRICES TENDER DOCUMENTS 32 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF BREAKDOWN AND PRICES (ON TENDERER LETTER HEAD) Unit Amount S/No. Particulars 01 Mobilization of all the needed equipment to the site works 02 Execution of all the required Cleaning Works at site 03 Completion , Demobilization and hand over the site Total Amount Totalin words _________________________________ Tenderer Name __________________ Date _________________________________ Authorize Person’s Name/Signature __________________ Date Stamp/Seal TENDER DOCUMENTS 33 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF PERFORMANCE BOND TENDER DOCUMENTS 34 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF PERFORMANCE BOND (ON BANK LETTER HEAD ) Qatar National Cement Co., (Q.S.C) P.O Box 1333, Doha, State of Qatar Date …………….. 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 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. Bank’s Signature & Stamp TENDER DOCUMENTS 35 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF DOWN PAYMENT GUARANTEE TENDER DOCUMENTS 36 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 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. Bank’s Signature & Stamp TENDER DOCUMENTS 37 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar FORM OF QUALIFICATIONS AND EXCEPTIONS TENDER DOCUMENTS 38 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 _________________________________ Tenderer Name __________________ Date _________________________________ Authorize Person’s Name/Signature __________________ Date Stamp/Seal TENDER DOCUMENTS 39 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar GENERAL CONDITION OF CONTRACT TENDER DOCUMENTS 40 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 41 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 1.2 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. 3. 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. SCOPE OF WORKS The CONTRACTOR shall undertake to execute the works in accordance with the terms and conditions as set out in the Contract. TENDER DOCUMENTS 42 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 4. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 Personnel All 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. TENDER DOCUMENTS 43 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 W ithholding 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. TENDER DOCUMENTS 44 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. TENDER DOCUMENTS 45 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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-Section9.3 (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 TENDER DOCUMENTS 46 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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. 12. 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. INFORMATION REQUIREMENTS CONTRACTOR shall submit the following information to the OWNER, at 12.1 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 shall clearly identify any Variation Orders as being issued one of the following categories: CONTRACTOR TENDER DOCUMENTS 47 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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/Team CONTRACTOR 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 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”. CONTRACTOR TENDER DOCUMENTS 48 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 14. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar TAXES 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. CONTRACTOR 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. TENDER DOCUMENTS 49 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 18. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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 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 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. TENDER DOCUMENTS 50 CLEANING OF RAW MEAL SILO Qatar National Cement Co. (Q.S.C.) GENERAL TENDER NO. 02/2013 P.O BOX 1333, Doha, State of Qatar H. Office Tel: 00974 44693800, Fax: 974 44693900 PlantsTel.: 00974 44712880,Fax:00974 44712585 20. Execution & Completion of Cleaning Works for Raw Meal Silo in Cement Plant-IV @ Umm-Bab, State of Qatar 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: 21. - By fax transmission - By e-mail transmission confirmed by fax or express courier - By express courier or telegram transmission LANGUAGE OF THE CONTRACT The 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 TENDER DOCUMENTS 51 CLEANING OF RAW MEAL SILO