Tender Documents - Qatar National Cement Company · Qatar National Cement Co. Q.S.C General Tender...

Qatar National Cement Co. Q.S.C General Tender 09/2012 P. Box 1333, Doha, State of Qatar “Consulting Services” Pertaining New Cement Line-5 Tele (0974) 469 3800 for Production of 5000Ton Clinker per day on Fax (0974) 469 3900 Turnkey Basis @ Umm-Bab, State of Qatar

______________________________________________________________________________

1

TENDER DOCUMENT CONSULTANCY SERVICES

Tender Documents

Table of Contents

Subject No of Pages

Part-1 Instruction to tenderers 04-06

Tender General Conditions 07-13

Copy of Letter of Invitation to Tender 14-16

Letter of Acknowledgement 17-18 Form of Tender 19-21 Form of Tender Bond 22-23 Part-2 Form of Agreement 25-31

Scope of Services(SOS), Specifications Drawings– if any 32-44

Form of Schedule of Prices 45-47 Form of Performance Bond 48-49 Form of Down Payment Guarantee 50-51 Form of Qualitfications and Exeptions 52-53 General Conditions of Contract(GCOC) 54-75


______________________________________________________________________________

2


Part-1

Subject No of Pages Instruction to Tenderers 04-06

Tender General Conditions 07-13

Copy of Letter of Invitation to Tender 14-16

Letter of Acknowledgement 17-18 Form of Tender 19-21 Form of Tender Bond 22-23


______________________________________________________________________________

3


INSTRUCTION TO TENDERERS


______________________________________________________________________________

4


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 Copy of Letter of Invitation to Tender Letter of Acknowleggement Form of Tender Form of Tender Bond Part-2

Form of Agreement Scope of Services(SOS), Specifications Drawings – if any Form of Schedule of Prices Form of Performance Bond Form of Down Payment Guarantee General Conditions of Contract(GCOC)

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 schedule 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 sticker provided together with the tender document for each envelope as mentioned in bellow:

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


______________________________________________________________________________

5


2.4 Alternate Options:The Tenderer 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 services/work or project financially or technically or with respect to completion period or for any other consideration .

These alternate 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. and should be clearly marked as alternate tender offer A, alternate tender offer B etc.

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

a. The time for implementation & completion of the services shall

be clearly stated with dates in detail. b. Each page of tender documents shall be initialed by the principal

duly authorised to represent and bind the tenderer/bidder and stamped by the tenderer/bidder as token of their acceptance.

c. The tenderer/bidder should express that he has no objection to enter

into a final contract/agreement based substantially upon the content form of agreement, tender general conditions and general conditions of contract described in this tender document of this tender.

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 erasing, alteration or additions shall be made by tenderer/bidder to the tender

Document's formats (other than filling in 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, 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, especially those containing the total prices and their term must have the stamp of the Owner establishment , affixed to them.

3.4 The tenderer/bidder shall submit his tender in Qatari Riyals or US Dollars. The

related breakdown of the lump-sum price and all other monetary statements in connection with the tender are to be in Qatari Riyals or in US Dollars .

3.5 The name of the responsible person signing must be typed or printed below

signature. The official stamp of the tenderer/bidder must be fixed.


______________________________________________________________________________

6


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/query 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 to address as per 4 below in writing , quoting tender number and title.

4.1 Tendered’s query shall reach to folllowing address at 12 (Twelve) days before

closure date. Queries raised therafter may be ignored. 4.2 Tender Documents duly sealed should be returned /delivered to.

General Secretary Office in the Cement Plant No. 2 Tender & Procurement Committee Location: Ummbab, State of Qatar Contact No.: (00974) 44712880, Ext. No.335/328 Fax: (00974) 44712 585 Tele.(00974) 44712 880

Closing Date: Sunday, August 12, 2012 @ 12 Noon The tender offer/bid must be handed over to the Tender and procurement

Committee’s General Secretart before being deposited in the respective tender box in the same time. 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.


______________________________________________________________________________

7


TENDER GENERAL CONDITIONS


______________________________________________________________________________

8


Tender General Conditions

1. Validity of Tender 1.1 Tenders must remain valid for the acceptance for a period of 90 days

commencement from the day following of 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 acceptable by the Owner amounting of QAR 250,000.00/- (Qatari Riyals Two Hundred Fifty Thousand) or equivalent to the same amount in US Dollars. It must be unconditional and valid for (120) days commencing from the date following of 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 Company from the successful tenderer/bidder before signing the contract.

2.3 The tenderer/bidder may not withdraw his tender or amend his bid after the

closing date of tender .In the event of his withdrawal of his tender , his tender bond would stand forfeited.

3. Expenses of Tendering

3.1 The Owner 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 offer for the required consultancy services subject to this tender.

4. Acceptance or Rejection of Tender

4.1 The Owner has the right to cancel the tender without giving any reason/s

and/or award it on partial basis. The tenderer/bidder is expected and deemed to have agreed to implement part of tender at the same prices as offered.


______________________________________________________________________________

9


4.2 The QNCC is not committed to accept any tender offer with the least price. 4.3 The QNCC has the right to exclude tender offer(s) who are not conforming to

conditions of this tender and/or tender offers that are submitted after the closing date and/or submitted without tender bond.

5. Each tenderer/bidder must demonstrate, that he and his employees

had previously implemented other similar services/works, together with evidence that these services/works have continued to be successfully operative for a period of time.

6. Performance Bond

Successeful tenderer/bidder will be required to submit bank performance bond as per the format provided in the tender document amounting to ten 10% percent of the total lump sum contract price, issued by a first class reputable bank operating in State of Qatar and acceptable to the Owner. The performance bond shall become effective upon signing the contract and it validity period should be cover the defect liability of 12 (Twelve) months plus 45 days from the date of expiry of the defect liability period which is covering the deficiencies, negligence in the performance of the design work or any prefessional work on the project or any other work related to the consultant’s contractual obligations implication maybe uphere during such period. If the Owner shall consider forfeiting the bond or guarantee he shall forthwith do inform the Consultant specifying the incomplete service(s) on in the scope of the consultancy services subject to the concerning contract. Upon which the Consultant shall implement and complete such part/section of incompleted services within thirty (30) days after registered mailing date of such notice or the Consultant guaranting the implementation of such deficiencies in a reasonable time acceptable by the Owner, then the Owner shall be entitled to require the bond or surety to be forfeited to the extent of the loss of the incomplete consultancy services.

7. Applicable Law

All disputes shall be as per applicable Qatari Laws. Tenderer/Consultant shall be fully conversant with the laws ,regulations and practices prevailing in State of Qatar.

8. Brief Meaning 8.1 Tenderer/Consultant means any legal entity who has collected the tender

documents and is in agreement with the conditions of tender documents and is abiding by them & is quoting /bidding in accordance with them.


______________________________________________________________________________

10


8.2 The QNCC/Owner means Qatar National Cement Company Q.S.C. Located at P.O. Box 1333, Doha , State of Qatar.

8.4 Variation orders Means a appendix or appendices to these conditions of the

contract which specify any amendments including variations to any part of this contract which may be mutually agreed upon between the parties after the signing of this contract.

8.5 Conditions to Contract

Means the scope of Services(SOS), Tender General Conditions, technical specifications and any annexes, appendices , drawings and schedules annexed thereto, if any or subsequently issued.

8.6 Contract

Means the agreement between the Owner and the succesful Tenderer/ Consultant for the execution of the services including the form of agreement, the General Conditions of Contract in this tender document.

8.7 Consultant’s requirements for execution of the Consultancy Services

Means required engineer(s)/expert(s), tools, equipments, drawings, testing and survey, investigation required and items used by consultant in discharge of their duties/ obligations under the conserning contract.

8.8 Insurance

Means the necessary insurance policies should be issued by the consultant covering consultant personnel on duty in Qatar during the contract duration period.

8.9 Drawings & Documentations

Means all drawings, information and documentation specified in the contract and all other documents as are required to be submitted by the company to the Consultant for the completion of the services under the contract.

8.10 Sub-Consultant means any person/s (Other than the Consultant) named in

the Contract for execution of any part of the services or any person to whom any part of the Contract has been sub-let with the consent of the Owner

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


______________________________________________________________________________

11


9.1 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 services.

9.2 Submission of tender shall be deemed to indicate that tenderer/bidder has

satisfied himself regarding and undertakes to accept and comply with all the obligations , liabilities , responsibilities and risks imposed upon him by these tender documents. Submission of tender 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/ obligation under these tender documents.

9.3 Tenderer/bidder at their own expences shall visit the site and obtain by

themselves all information which may be deemed necessory to enable them to submit a fully comprehensive and sufficient tender offer.

9.4 No claim whatsoever will be entertained araising 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.

9.5 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.

10. Correspondence/Notices would be done by tenderer/bidder(s) on the

address of the company stipulated elsewhere giving Tender Number,Title of Tender. All Invoices /notices should mention the Tender Number, Title of Tender.

The Owner shall issue/send correspondence/notices to the Representative of Consultant as provided on the contract. The Owner and Consultant shall immediately notify each other of incase of any change in such address for any reason whatsoever.

11. The tenderer/bidder shall submit with his tender offer a comprehensive

bar chart indicating and distinguishing between the time for prepartion, mobilization,designing, amending and completion of complete consultancy services required for the project .The tenderer/bidder time schedule shall be subdivided in various sub activities.Time schedule


______________________________________________________________________________

12


will become part of contract.The tenderer/bidder should propose his shortest possible completion time for the project and his services.

11.1 The tenderer/bidder shall submit followings with his tender documents: 11.2 Organiztion chart , Indicating the name of companies and organizations which shall or may become responsible for the major activities.Site Organiztion chart indicating the number of personnel to be timely employed on site. 11.3 Lay out and site installation camp including list of major equipment for the execution of the services/works. 11.4 Detailed diagram for training of company’s personnel, if any . 11.5 The tenderer/bidder shall propose and implement the periodical progress

report and site meetings.

12. Contract 12.1 Successful tenderer would enter in a contract with the company outlining

the conditions as enumerated in tender documents and with the Contract prices and additional conditions as agreed by either party to contract.

12.2 The Contract will be drawn up in two originals duly signed by authorized

signatories and stamped by official seal of either party to Contract . The Owner and the Consultant would each receive one copy of contract.

12.3 The contract shall be binding on the successor/s in the event of change in

Ownership of either party.

13. Assignment and Sub-Consultant The Consultant 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 consent of the Company.If permitted by the Company to assign the whole

contract or part there of, the Consultant shall guarantee the proper execution of the contractual obligations by the assignee. The Consultant and the assignee shall be jointly responsible on sub-letting.The Consultant shall be responsible for the acts, defaults and neglects of any sub-consultant , their agents, servants or workman as fully as if the were the acts, defaults or neglects of the Consultant, his agents, servants or workman.


______________________________________________________________________________

13


14. Payment Terms & Currency

The payment of Contract Price shall be settled as per the payment terms mentioned in the General Conditions of Contract Section-8 in the tender document.

15. Mistakes & Errors

15.1 The Tenderer/Consultant shall be responsible for any discrepancies,

errors or omissions in the drawings and information supplied by him, whether they have been approved by the Owner or not.

15.2 The Tenderer/Consultant, however, shall be responsible for any

misunderstanding or incorrect information obtained by him. 15.3 The Tenderer/Consultant shall at his own expense carry out any

alterations or remedial work necessitated by reason of such discrepancies, errors or omissions for which he is responsible and modify the drawings and information accordingly, or it the same be done by or on behalf of the Owner 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.

16. Settlements of Disputes

16.1 In case of any dispute arising between the Tenderer/Consultant and the

Owner, the two parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 60 (sixty) days of its arising the same then shall be referred to as per applicable Qatari Laws.

16.2 No Question, dispute or indifference arising between the

Tenderer/Consultant and the Owner under the Contract shall be referred to the Qatari Court(s) unless they have failed to settle the same amicably within a period of 60 (Sixty) days.

16.3 Performance of the Contract shall Continue during judicial proceedings

unless the Owner shall order the suspension thereof, and if any such suspension shall be ordered the reasonable expenses of the Consultant 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 Owner shall be withheld on account of pending reference to the Court(s).


______________________________________________________________________________

14


COPY OF LETTER OF INVITATION

TO TENDERS


______________________________________________________________________________

15


fax/tend&pur.comt./12/ /07/2012 TO: FAX NO: NO. OF PAGES: 3 of 3 Subject: Invitation for General Tender No. 09/2012 - Consultancy Services of New Cement

Production No. 5 with Capacity of 5,000Ton Clinker per day Qatar National Cement Company (hereinafter called QNCC/Owner) desires to expand its clinker and cement producing capacity of its Cement Plants at Umm Bab.

QNCC/Owner possesses four cement plants with total capacity approximately 12,000 TPD Clinker; Plant No. 1 with capacity of 1,000 TPD, Plant No.2 which consists of one short kiln with capacity of 2000 TPD, whereas Plant No. 3 consists of one kiln with capacity of 4,000 TPD, and Plant No. 4 consists of kiln with capacity of 5,000 TPD line. Lines No. 2, 3 and 4 are parallel at the site in Umm Bab. For detailed information, please visit QNCC/Owner's website: www.qatarcement.com QNCC/Owner is gearing-up to add a new cement production line to the existing cement plants, with capacity of not less than 5000 Ton of clinker per day, at the operating plants site in Umm Bab, State of Qatar. Your company/firm has been chosen, among others of the most well known cement industry consultants, to participate in this tender as International Independent Consultant, on the basis of international competitive bidding, as per the tender terms and conditions:

• The consultancy tender has to be submitted on or before 12th of August, 2012, in three separated wax sealed envelopes placed in one outer envelope containing the following:

- Envelope A contains the Tender Bond with an amount of QAR. 250,000.00 (Qatari Riyal

Two Hundred Fifty Thousand only) and to be issued from first class bank operated in the State of Qatar.

- Envelope B contains Technical Offer (1 Original + 2 Copies, without the price). - Envelope C contains Commercial Offer (1 Original + 2 copies, itemized).

• The tender offer that will be submitted must contain the total lump sum prices with the

breakdown prices for the following service phases:

1. Geological survey of the quarries and material study, including calculeting the stratigical reserve and raw mix design.

2. Basic design and engineering including:

• Complete tender documents preparation • Floating, evaluation, assisting in the final bargaining, awarding the tender to the

successful bidder and contract preparation. This will be completed by signing of the contract with a main contractor.


______________________________________________________________________________

16


3.Reviewing and approving the basic design drawings (civil, mechanical and electrical) 4.Supervision of project implementation, supply, equipment inspection, installation,

commissioning and final handling- over. This will be completed by signing the provisional acceptance certificate and complete handling- over of the whole project.

Further details of the services requested are provided in the tender documents.

• The interested consultant may obtain the tender documents from QNCC/Owner's Office

at the address given below, every Sunday to Thursday, 7:00am to 2:00pm before the begaining of the month of Ramadan and during the Ramadan collection time from 8.00am to 2.00pm , against cash payment of non-refundable amount of QAR. 10.000/-. The document is also available in QNCC's website: www.qatarcement.com., the consultant who downloads the documents from the website is required to pay the non-refundable fee amounting to QR. 10,000/- at the time of submission of tender; otherwise, the tender offer will be rejected/ignored. All technical clarifications will not be considered without submitting the proof of payment for the tender fee.

General Secretary Office in Cement Plant 2 Tender & Procurement Committee Location: Ummbab, State of Qatar Contact No.: (0974) 44712880, Ext. No.335/328 Fax: (00974) 44712 585 Tele.(00974) 44712 880 This invitation is non-binding agreement on either side. The invited Consultant and QNCC/Owner reserves the right to abandon the tendering procedure or to cancel such contract award without the bidder being entitled to claim any compensation. All inquiries regarding this invitation must be in written letter and addressed to the undersigned. Please acknowledge the received & participate in the above General Tender No.09/2012. We are looking forward to receive your prompt response.

Consultancy Company Name Date

……………………………………… …………………………

Stamp

Best Regards, Mohammed Ali Al-Sulaiti General Manager & Deputy Chairman Tender & Procurement Committee

General Secretary


______________________________________________________________________________

17


LETTER OF ACKNOWLEDGEMENT


______________________________________________________________________________

18


LETTER OF ACKNOWLEDGEMENT

(on the letter head of Tenderer/bidder)

Date: ………………… Ref. No.: …………………………….

To: The Chairman/Deputy 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/Bidder’s Name

Name: Stamp/Seal Title:


______________________________________________________________________________

19


FORM OF TENDER


______________________________________________________________________________

20


FORM OF TENDER (on letter head of bidders) 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 09/2012 Gentlemen, Having examined the Tender Documents and having inspected the site and fully acquainted ourselves to the characteristics of the site, environment theron, responsibilites of the project , We undertake to execute and provide “Consulting Services Pertaining to New 5000 tpd Clinker Production Line#5 @ Umm-Bab”, as defined in the Scope of Work, Technical Specs., Conditions & Drawings and subject to the Terms and Conditions and other “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 Document” are complete in all respects and that any item not expressly stated in tender documents but necessary for the proper execution and completion of consultancy services has been included. We, hereby, undertake that if our tender offer/bid is accepted , we shall start/proceed the


______________________________________________________________________________

21


services required in terms of “Tender Documents“ immediately upon notification by Qatar National Cement Company. We, hereby, undertake that if our tender offer/bid is accepted , we shall provide Performance Bond of 10% value of contract price, as stipulated in “Tender Document“ within Twenty (20) in case of tenderer/bidder outside of Qatar or 10 (Ten) days of awarding letter from yourselves, if tenderer/bidder 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 from date following the closing date of the said tender and it shall remain bindng 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 Q.N.C.C/Owner and valid for 120 days until …../……/2012;

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 supplier. Signature …………………………… Witness by …………………………… In the capacity of …………………………… Address …………………………… Signature …………………………… Date …………………………… Company Seal ……………………………


______________________________________________________________________________

22


FORM OF TENDER BOND


______________________________________________________________________________

23


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 (09/2012) Greetings, We are pleased to advise you that we hereby guarantee M/S……………………with an amount of ………………. to enable them to bid for the general Tender No. 09/2012 …………….. 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 date following 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/Bidder. Bank’s Signature & Stamp


______________________________________________________________________________

24


Part – 2

No of Pages Subject

Form of Agreement 25-31

Scope of Services(SOS), Specifications Drawings– if any 32-43

Form of Schedule of Prices 44-56 Form of Performance Bond 47-48 Form of Advance Payment Guarantee 49-50 Form of Qualitfications and Exeptions 51-52 General Conditions of Contract(GCOC) 53-74


______________________________________________________________________________

25


FORM OF AGREEMENT


______________________________________________________________________________

26


صيغة االتفاقFORM OF AGREEMENT

اق ذا االتف رام ھ م إب ة ت وم بالدوح ي ي .............ف :فيما بين م 2012

The Agreement has been made on this……………….. ..., 2012,in Doha by and between:

)ق0م0ش(شركة قطر الوطنية لصناعة األسمنت .1

قطر - الدوحة 1333: ب 0ص )طرف أول" ( لمالكا" وتسمى فيما بعد

و

........................... /الســــــادة .2 وتسمى فيما بعد ....................... :ب 0ص

)طرف ثان( "األستشاري"

1. QATAR NATIONAL CEMENT COMPANY (Q.S.C) P.O. BOX: 1333 DOHA, QATAR herein after

called the “OWNER" of the First Party

And

2. M/S. ……………………………….. . P.O.BOX: ………………. Herein after called the“CONSULTANT”of the Second Party

WHEREAS لما كان

األستشاري يرغب في تنفيذ الخدمات اإلستشارية موضوع ضروري لتنفيذھا مطاوب ومتضمنة كل ما ھو العقد

سواء كانت وإكمالھا بصورة مناسبة ومالئمة اإلعداد بغاية دة في العقد أو لم يتم تحديدھا فيهمحد

إلنتاج ) 5(مشروع إنشاء الخط رقم لمسنتدات واإلشراف الكامل ، طن كلينكر في اليوم 5000

لطاقته التصميمية ˭طبقاتسليم مفتاح على تنفيذ المشروعالحالية أرقام األسمنت موازي للخطوط إنتاج بالموقع ال

التابعة دولة فطر ، – أم باب بمنطقة) 4و2،3( 0وبحسب األحكام والشروط المحددة ھنا فيما بعد للمالك

The CONSULTANT is willing to perform the "Consultancy services” needed/required to the subject of the Contract and shall include everything necessary for the execution and proper performance whether specifically mentioned or not in the Contract for the preparation of the project complete documentations pertaining the new cement line-5 for the production of 5000Ton Clinker per day including complete supervision services on the implementation of the project on turnkey basis at site as per the design capacity of the new line, parallel to the Owner existing cement production lines (2,3 &4) at Ummbab, state of Qatar and as per the following terms and conditions mentioned thereinafter

NOW THIS AGREEMENT PROVIDES AS :فقد تم االتفاق على ما يلي FOLLOWS:


______________________________________________________________________________

27


في ھذا االتفاق فإن الكلمات والعبارات يكون .1شروط اللھا نفس المعاني المخصصة لھا في

0لعقد حسبما سيرد فيما بعد العامة ل

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

ة .2 داولھا الملحق ط ، وج ة فق تندات التالي إن المسين " إن وجدت ، تشكل معا -أو أية ملحقات أخرى العقد ب

ك اري المال د واإلستش وص العق ر نص ، وتفس :ھذه المستندات كما يلي الواردة في

2. The following documents only and their annexed schedules or any annexes - if any, shall together constitute the Contract between the "Company" and the "CONSULTANT" and the terms of the " Contract " shall in all such documents be constructed accordingly:

صيغة ھذا االتفاق ؛ )أ

لعقد ؛ل الشروط العامة )ب

اري )ج دم لمناقصةباعرض األستش المقارة بإ ي ت ).....................(ش :اريخف

ن 2012/...../..... دة م ه المعتم م وملحقات المالكقبل

المتضمنة كافة بيانات " المالك "مستندات )د

فات والرسومات المذكورة المتطلبات والمواص المالك ""صيف األعمال من قبل والخاصة بتو، ھنا

قبل ترسية المناقصة وكتاب الترسـية بتار(..………/FAX/T.PRO.COMT./12)رقـم 0م وملحقاته2012/ ....../ :......يـخ

A- This Form of Agreement;

B- The General Conditions of Contract;

C- The Consultant Tender Offer ref.: (………………………….) dated ……./…../2012 and it’s annexes approved by the Owner;

D- The Owner’s 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./12/………..) dated ……/……/2012 and it’s annexes.

ألغراض التعريف فإن المستندات

مكمالً " وملحقاتھا المذكورة تعتبر جزءاللعقد ، وقد تم التأشير عليھا من قبل

0"األستشاري"و " المالك"

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 CONSULTANT.

ين أي جزء من .3 في حالة وجود أي تعارض بمن 2البند المستندات المتعددة ، والمدرجة في

:صيغة االتفاق الماثل ، فإن األولوية تسود كما يلي

3. 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:

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

b. Will have priority over c, d and يكون لھا األولوية على ج و د؛) ب

.c. Will have priority over d 0ولوية على ديكون لھا األ) ج


______________________________________________________________________________

28


دا .4 ر تحدي ه ، يعتب امال" العقد كما سبق بيان " كرفين ة للط ات التعاقدي وق وااللتزام ة الحق لكاف

بالخدمات ذات الصلة ، واإلستشاريالمالك ق تندات أتف ة مس ات أو أي د بالمفاوض وال يعت

را اريخ إب ل ت د عليھا أو وقعت بينھما قب م العق 0وال تترتب عليھا أية آثار تعاقدية

4. The Contract as herein before defined constitutes a full statement of the contractual rights and liabilities of the OWNER and the CONSULTANT in relation to the services and no negotiations between them nor any documents agreed or signed by them prior to the concluding date of Contract and shall not hereafter be of any contractual effect.

قد حصل لنفسه على األستشاريمعلوم أن .5المعلومات الوافية في كل الجوانب بما في ذلك

كما 0الجوانب الفنية وظروف الموقع والتسھيالت وأنه من المعلوم والمتفق عليه أن األستشاري

عن كافة التزاماته التعاقدية المالكمسئول تجاه 0

5. It is understood that the CONSULTANT 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 CONSULTANT shall be responsible to the OWNER for all his contractual obligations.

ون .6 ارييك ؤوال األستش ا" مس ن " تمام ع

:اآلتي

6. The CONSULTANT shall be fully responsible for the following:

المسوحات الجيلوجية عداد اإلتجھيز ولا )أ

ودراسة المواد الخام المستخدمة والتصاميم والھندسة األساسية مع كافة المستندات المتصلة

˭ المشروع سواء كان مذكورا بمتطلبات ؛.بالعقد أو غير محدد بالعقد

a. Preparing Geological Survey, Raw Material Study, Basic Desgign and Engineering and all necessary documents for the Project requirements whether mentioned or not mentioned in the Contract.

لمستندات النھاني اإلبتدائي واإلعداد )ب

المناقصة من أجل طرح أعمال إنشاء المشروع واإلجابة على إستفسارات على أساس تسليم مفتاح ،

والتنسيق ييم الفني للعطاءات وإعداد المناقصين والتقمع ممثلي الشركة لدعوة المتناقصين المترشحين

بمكتب الدوحة وصوالالمفاضلة لعقد إجتماعات ألفضل العطاءات ، وإعداد التقرير النھاني

،وتقديم التوصيات المقاول الرئيسيلترشيح .على أساس نقطاط النظام

ھائي النالعقد خطاب الترسية وإعداد ) ج

التوقيع و"المالك"للمشروع بالتشاور مع ممثلي والمقاول في المالك على العقد مع

.الدوحة

b. Preparation of the preliminary & final tender document for floating tender of the Project on turnkey basis , replies on tenderers clarifications, evaluation of tender offers, in consultation with OWNER’s representatives, calling for meetings in doha with the recommended tenderers for obtaining and preparing the final report proposing a Main Contractor and giving recommendations based on the point system.

c. Prepareing the awarding letter and final

contract in consultation with the OWNER's representatives and signing the contract with the OWNER and the CONTRACTOR in Doha.


______________________________________________________________________________

29


مراجعة وإعتماد الرسومات للتصاميم ) ح .الھندسية المقدمة من قبل المقاول

d. Reviewing and approval on the basic design engennering drawings submitted by the general contractor

اإلشراف الكامل على جميع مراحل )ه

ويعمـــلحتى التسليم إنشاء المشروع 5000اليومية يميةبكامل طاقته التصم

ضمان العيوبفترة نتھاءوإيومي ، كلنكر طن والتحقق من .يوم التالية لھا45 باإلضافة

أن األرقام بحسب بالعقد

e. Complete supervision for implementation of all project phases until taking over project runing as per its daily design capacity of 5000ton Clinker per day, completion of defect liability period and the next forty five(45) days and realization of all the gurantee figures as per the contract .

الي .7 ـقد اإلجم ـعر الع اريةس دمات اإلستش للخـ دوالر /ق.ر =درهقغ مبلـ ط فق …………أمريكي

7. The Contract total price for the consultancy services is the fixed sum of: QAR/USD ………………………………./= only.

تكون مدة إكمال كافة الخدمات اإلستشارية المسنودة .80 من تاريخ نفاذ العقد˭ متتايا يوما ً ........لإلستشاري

8. The Time for Completion of all services awarded to the CONSULTANT shall be ……….. consecutive- days from Coming into Force Date of the Contract.

د .9 اذ العق دأ نف د يب تالم عن اري"اس " اإلستش

ن ذ م دء التنفي ار ب ل إخط ك"قب د" المال بعليم اري"تس تندات "اإلستش ةالمالمس طلوب

.المحددة بالعقدو

ين شخص أو " للمالك"يحق .10 في أي وقت تعيذ ه في تنفي أشخاص أو شركة أو شركات لتمثلال ذ األعم لوب تنفي ى أس راف عل د واإلش العقرفين ، ين أو مش اريين أو مفتش ين أو استش كمھندس

آخرين ، الحق" للمالك"ويكون تبدالھم ب في اس 0على أن يتم ذلك بإخطار اإلستشاري كتابًة

9. The Contract shall come into force upon the consultant receipt of a notice to proceed from the OWNER issued after delivery of the required documents by the CONSULTANT as defined in the Contract.

10. The ‘OWNER’ has the right at any time to appoint a person, persons or company(s) to represent him in the execution of the Contract and the supervision on the manner of execution of the Services as engineers, CONSULTANTs, Inspectors or Supervisors and that the Owner can replace them with others and he shall communicate the same to the CONSULTANT in writing.

زم .11 ك"يلت دفع " المال أن ي اري"ب "لإلستشادة واردة بالم روط ال د بحسب الش عر العق الي س إجم

م ن ) 8(رف روط الم دش ة للعق داد العام ة س ون طريق وتكا تحقة طبق دفعات المس ه ˭ ال اق علي تم اإلتف ا ي ينلم ا ب فيم

قصةقبل ترسية المناالشركة واإلستشاري

11. The ‘OWNER’shall pay to the ‘CONSULTANT’ the total Contract Price in accordance with payment terms are mentioned in the General Conditions of Contract section (8) and the mode of payment will be agreed between the OWNER and the CONSULTANT before awarding of the tender


______________________________________________________________________________

30


ق ك"يح دخل " للمال ريبة ال دار ض م مق خصاً "اإلستشاري"المستحقة على ك وفق د ، وذل من ثمن العق

م ري رق انون القط ام الق نة) 21(ألحك ى 2009لس م ، فل ة فش اري"حال ة "اإلستش ن بطاق ورة م ديم ص ي تق ف

.الدخل الخاصة به صالحة لضريبة

The ‘OWNER’ has the right to deduct from Contract Price if found any income tax amount due on the CONSULTANT as per Qatari law No.21/2009, in case the Consultant fails to submit a copy of his valid Income Tax Card.

ل .12 اري"إذ فش ال "اإلستش از أو إكم ي إنج فال يحق األعمال خ دة اإلكم ك"الل م خصم " للمال

غ د مبل ة العق ن قيم وم 3000م ل ي ن ك االً ع أو ريالتأخير، على أن ال تتعدى جملة يوم جزء من

بة ات نس عر % 10الغرام الي س ن إجم م 0العقد

12. If the CONSULTANT fails to perform or to complete the Works within the Time for Completion the Company shall be entitled to deduct from the Contract value a penalty for delay of Qr. 3000 of each day or part of day of such delay up to a maximum of 10% of the total price of the Contract.

ا بوالص التأمين بتسليم األستشاري لتزم ي. 13 المشار إليھى أن تكون صادرة بالمادة بھذا البند على حسابه عل

ا من شركة تأمين قطرية حسنة السمعة وتوافق عليھا دم جميع ى أن تق ركة ، عل د ˭الش ع العق ل توقي قب

:وبحسب ما ھو مذكور آدناه

13.The CONSULTANT is obligated to deliver the insurance policies as mentioned in the General Conditions of Contract Section-24- at his cost before signing of the contract and shall be issued by a reputable Qatari Insurance OWNER accepted by the OWNER.

ك" بتسليم "اإلستشاري"قام .14 ضمان " المالي از /بنك ة اإلنج غ كفال ، ....................=/بمبلخطاب من إجمالي سعر العقد ، % 10اقع بو

رفي مان مص ) .....................( ـم ــرقضن ادرة م ـخ ................ ص ، بتاريـ

ة 2012/...../..... ول لغاي ارية المفع م ، س 0م 201 /......./......

14. The CONSULTANT has submitted to the OWNER a Bank Guarantee/Performance bond amounting of …………………………. equal 10% of the Contract Price, Bank Letter of Guarantee No. (………………………….) and issued by ………………………………..,dated …/……../2012. and valid until ……/……../201.

ين .15 أ ب ي تنش ات الت ات و الخالف ع المنازع جمي

تم الفص د ي أن العق رفين بش االط ا وفق " ل فيھون انون القطري ، ويك ام ونصوص الق ألحك

0للقضاء القطري االختصاص

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.


______________________________________________________________________________

31


IN WITNESS whereof the Parties hereto have لما تقدم قام الطرفان بالتوقيع على ھذا العقد" إثباتاsigned the present Contract.

”For the “Owner "المالك"عــن

:التوقيـــع

.……………………………………………… :االســم ..……………………………………… :الوظيفـة

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

”FOR THE “CONSULTANT "اإلستشاري"عــن :التوقيـــع

..................................... :االســــم

.......................................... :الوظيفـــة

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


______________________________________________________________________________

32


SCOPE OF SERVICES(SOS)


______________________________________________________________________________

33


TECHNICAL SPECIFICATIONS & SCOPE OF SERVICES(SOS) FOR CONSULTANCY SERVICES PERTAINING TO NEW CEMENT LINE-5 FOR PRODUCTION OF 5000 TON CLINKER PER DAY AT UMM-BAB, STATE OF QATAR

INTRODUCTION

QNCC possesses four cement plants with total capacity approximately 12,000 TPD Clinker; Plant No. 1 with capacity of 1,000 TPD, Plant No.2 which consists of one short kiln with capacity of 2000 TPD, whereas Plant No. 3 consists of one kiln with capacity of 4,000 TPD, and Plant No. 4 consists of kiln with capacity of 5000 TPD line. Lines No. 2, 3 and 4 are parallel at the site in Umm Bab.

I. TENDER TITLE Call for Consultancy Services to do the Consultancy Services Pertaining to the

New Cement Line # 5 for Production of 5000tpd Clinker per day on turn-key basis @ Umm-Bab, State of Qatar.

II. SCOPE OF CONSULTANCY SERVICES

The required Scope for Consultancy Services should consist of two stages as

follows:

A.) PRE- CONSULTING SERVICES FOR PREPARATION OF THE PROJECT DOCUMENTATIONS, PRELIMINARY AND FINAL TENDER DOCUMENT FOR FLOATING TENDER FOR IMPLEMENTATION OF THE PROJECT, EVALUATION OF BIDDERS OFFERS, RECOMMENDATION PREPARATION FINAL CONTRACT AND SIGN WITH THE OWNER AND WINNER CONTRACTOR.

B.) POST-CONSULTING SERVICES SUPERVISION ACTIVITIES ON THE PROJECT

IMPLEMENTATION ON TURNKEY BASIS AND TAKING OVER AS PER THE PROJECT DESIGNED CAPACITY UNTIL DEFECT LIABILITY PERIOD PLUS FORTY FIVE(45) DAYS FOLLOWING EXPIERY OF 12(TWELVE) MONTHS OF DEFECT LIABILITY.

A. PRE-CONTRACT CONSULTANCY SERVICES STAGE:

The scope services of this stage should include all necessary Pre-Contract

Architectural, Structural Engineering, Mechanical and Electrical Engineering Consultancy Services as defined in the following:

1. Geological Survey of QNCC/OWNER’s Quarries and Raw Material Study:

The CONSULTANT’S experts shall study all of the available geological

topographic and test data. They with cooperation of company Staff – shall


______________________________________________________________________________

34


study the existing situation of raw materials, quarries and raw mix design, this shall be the basis of preparation of the tender documents, considering the fact that the new line shall be extension of the existing Plants.

It shall be the responsibility of the CONSULTANT to determine if the

available information is enough to proceed with design and construction for the new line, anyhow, any further study for the raw material should not delay the preparation of the basic design and preparation of tender documents. It could be done in parallel if found necessary

The CONSULTANT shall carryout necessary additional materials

investigations if found necessary and give recommendations in basis of logs and chemicals analysis submitted by the company

2. Basic Design and Engineering

2.1 Basic Design

The CCONSULTANT shall prepare the basic Process Concept, Mechanical, Electrical and Control Systems of the plant.

The CONSULTANT shall include in the tender documents the refined

design and technical concept including flow sheets, site layout drawings, raw material chemical analysis and utilities requirements such as internal gas, water, air nets. This shall also include the required internal gas stations, water tanks and compressed air stations also the weather conditions.

2.2 The basic design shall consider the fact that the New Line shall be installed in parallel to the existing Lines.

3. Preparation of Preliminary Tender Documents:

3.1 The Consultant shall prepare tender documents for “TURN-KEY

PROJECT” offers for detailed design to the state of the art manufacturing and supply of Process, Mechanical and Electrical equipments, Civil and Site Works Structural Steel, Architectural Works and Control Systems.

3.1.1These documents shall also include requests for pricing or bids on

equipment and materials transport, erection, commissioning and guaranteeing of the New Line Construction and Operation.

3.1.2 The tender documents shall specify the required Performance and

Operating Guarantees. 3.2 The Tender Documents shall include:

a) Invitation to Tender. b) Instruction to Bidders and General Conditions of Tender.


______________________________________________________________________________

35


c) A general description of the OWNER’S requirements, including capacity and type of products. d) General conditions of contract. e) Form of Agreement. f) A consolidated report on site and local conditions. g) Lay-out and flow sheet of the plant. h) Information on quarries. i) A consolidated report on raw materials selected. j) A description of the process chosen. k) Applicable standards and local regulations. l) List of supply and scope of works. m) Mechanical specification relating to all production units from

Quarry/quarries to dispatch plant. n) Electrical specification for the power supply (connection to the grid) distribution in the plant. o.) Specification for the electrical equipment including lighting,

telephone, earthing system, lighting protection, emergency Power supply and fire fighting system.

p.) Specification for the control and automation equipment. q.) Specification of the ancillary installations r.) For civil works:

design basis standards applicable description of the works

s.) Training program for operation personnel. t.) Spare parts for 2 years of normal operation (itemized price list) and

insurance of spare parts. u.) Organization scheme including tentative time schedule for:

receipt of drawings inspection of manufacturers’ premises reshipment inspection erection start-up commissioning

v.) Price condition w.) Annexure

3.3 Power Requirement:

The CONSULTANT shall also prepare the Total Power Requirements for the Line, and the tender documents for the feeders from the main government Electric Station to the main sub-station of the plant and also the main sub-station for the plant. This shall be tendered separately.

3.4 Water Requirement:


______________________________________________________________________________

36


3.4.1 The CONSULTANT shall specify the new line water Requirements and the extra water production units required at the OWNER desalination Plant.

3.4.2 The OWNER shall be responsible for the additional

extensions required for their desalination plant if required.

3.4.3 The existing two water pipe lines from plant I to Plant II, III

&IV shall be used to supply water to the new Line. The CONSULTANT shall study the existing facilities at Plant II, III & IV, i.e. water tanks and treatment plant and shall specify and include in his tender document any extra internal arrangement such as water tanks, lines, coolers, etc., which might be required.

3.5 Gas Requirement:

In the meantime, there is a Gas Line from Qatar Petroleum (outside OWNER fence) providing the gas to the main gas reduction station inside OWNER premises. The CONSULTANT shall study whether the same line shall be enough to supply the existing plants in addition to the new Line with gas or there shall be need to another Line. If new Line is required this work shall be done by Qatar Gas. The consultant shall also study whether the existing main gas reduction station shall be able with some modification to supply the gas required to the new Line or new gas reduction station shall be required, in the later case the CONSULTANT should include the requirements in his tender documents and in the scope of work of the CONTRACTOR.

3.6 Telephone Requirement:

The CONSULTANT shall prepare the requirements of telephones

and shall prepare the documents according to Q-Tel specifications and requirements. As per Q-Tel system Internal Cabling and Connections must be done by Q-Tel itself.

3.7 Liaison:

The CONSULTANT shall prepare the design concept utilizing their experience and the OWNER staff experience, with the aim of providing an optimum practical, economical and efficient plant operation.


______________________________________________________________________________

37


The existing plants experience shall be considered to avoid bottle necks and operational problems. The CONSULTANT shall always perform their work and decisions for the best interest of the OWNER. The tender documents shall also include Form of Agreement, General Conditions of Contract and Appendices, such as Time for Completion Schedule.

4. Preparation of the Final Tender Documents:

4.1 Turnkey Concept:

The Tender Document shall detail the complete “Turn-Key” concept and the complete Scope of the plant equipment supply and erection. These documents should be inclusive of the plant operation from Quarrying to the Cement Storage/Shipping facilities, including site works, compressed air system, additional roads, etc.

4.2 Delivery to the OWNER of the Draft Tender Documents:

Consultation with QNCC/OWNER for approval of same. Introduction of the modification deriving from such consultation

4.3 Pre-Bid Conference: The CONSULTANT shall arrange a pre-bid conference for all prospective

bidders at an agreed upon location, preferably at the Plant Site. This shall enable the CONSULTANT to provide information, discussion

and site inspection so that all of the suppliers/contractors shall have a clear understanding of all the conditions and requirements which should enable the OWNER to get good competitive bids and proposals.

4.4 Bid Information: The tender documents shall request the prospective bidders to include

the following information (but not limited to) in their offers.

a. Full specification, description and design data of the equipments and systems.

b. Performance data and guarantees c. Fuel and Power Consumption figures and guarantees.

d. Critical path style time schedule

i. Payment Terms.


______________________________________________________________________________

38


ii. Resume of projects of similar plants projects completed by bidders.

e. List of Sub-Contractor(s) & Sub-Supplier(s) for evaluation and approval before signing of contract with the main contractor.

5. Tender Evaluation:

5.1 After the possible clarification meetings, the CONSULTANT shall prepare the Comparison report with the appropriate recommendations to the OWNER based on the point system. The recommendations shall include a comparative report summarizing a tabulated comparison and break-down of:

- Specification of offered equipment, - Prices, - Performance data, guarantees, - Consumption figures, - Time schedule, - Commercial terms - Warranties - In the evaluation of the technical quality of the tender, the following

criteria should be taken into consideration: - Simplicity of operation, - Degree of automation, - Quality of equipment offered, - Number of machinery, - minimum maintenance - low energy requirements - environmental aspect

5.2 In cooperation with the Owner’s representatives the CONSULTANT shall call for meetings with the recommended bidders in Doha for negotiations and to obtain their final prices.

5.3 Preparation of the final report proposing the CONTRACTOR and giving the

CONSULTANT recommendations. 5.4 Preparation of awarding letter to the successful bidder.

6. Contract Preparation and Signing:

After OWNER’S decision about the choice of the proposed CONTRACTOR:

6.1 Negotiations with the selected general CONTRACTOR upon the contractual

terms needing adjustments and/or resulting from above.


______________________________________________________________________________

39


It shall be at the discretion of the OWNER Management to negotiate directly a lump sum contract if it appears that it would be of overall benefit to the OWNER. In this case, the CONSULTANT shall assist the OWNER in any way necessary to conclude successfully negotiate a good contract.

6.2 Preparations of the Draft Contract and submission of same to the OWNER

for their final agreement or comments, if any.

6.3 Meeting in Doha of all parties concerned for finalizing the draft contract and initiating it before starting the contract signing procedure.

B. POST-CONSULTING SERVICES FOR SUPERVISION ACTIVITIES

1. Project Implementation

The Consultant shall make available on site the adequate No. of Engineers/

experts (Civil, Mechanical, Electrical, and Automation, Process, Quarry) to follow up and supervise the site work according to work requirements. The No. of Site Engineers will be agreed on with the OWNER. Anyhow the Consultant should give the fees for Engineers by working day rate. the CONSULTANT have to submit the list of his group with their CV for the OWNER approval.

After signing the CONTRACTOR’S contract, the CONSULTANT will carry out the duties and render the services mentioned hereafter: 1.1 Approval of Sub-Contractors and Sub-Suppliers Lists:

The CONSULTANT on the submittal of the Lists for Sub-Contractor and Sub-Supplier by the CONTRACTOR of the project shall study and evaluate the sub-Suppliers and sub-Contractors lists based on the following criteria:

- Sub-Supplier and sub-Contractor - Past experience in similar jobs - Technical ability to perform - Commercial ability

And the evaluation will be considering the technical ability of sub-Contractor and sub-Supplier on the following criteria as mentioned below:

- Simplicity of operation - Degree of automation - Quality of equipment offered - Number of Machinery - Minimum maintenance - Environmental Aspect


______________________________________________________________________________

40


On cooperation with OWNER’s representative the CONSULTANT shall call for a meeting with main CONTRACTOR to discuss the evaluation with sub-Contractors and sub-Suppliers list.

Preparation of final report recommending the successful/approved the sub-supplier and the sub-contractor for the project under the responsibility of the main CONTRACTOR.

1.1 Services Rendered, Performed Outside Qatar:

Checking with the contractor of the time schedule for the civil engineering work, for the manufacturing and the shipment of the equipment, so that the equipment is delivered progressively within due time for the observance of the contractual erection time schedule.

1.2 Examination of the following drawings and diagrams prepared by

the CONTRACTOR and forwarded to the CONSULTANT for his approval/checking.

- process flow diagram with complete material, heat and utility overall balances, - process control and instrumentation diagram, - plot plan, general arrangement plan and sectional views for each sub- section of the works, - silos and tanks construction arrangement drawings, - data sheets and/or specifications and/or arrangement drawings for the main items of equipment of all sections of the works with corresponding calculation notes whenever appropriate, - architectural building and construction general arrangement drawing, - foundation drawings, - operation and maintenance manual

1.3 Checking and approval of the detailed civil engineering drawings and computations sheets drawn up by the contractor.

Supervision of the time schedule in accordance with the contract by current updating and analyzing the causes of difference between the program and the actual execution in order to advise the OWNER of all consequences.

1.4 Intermittent inspection of the main equipment manufacture in

SUPPLIER’S workshops.

1.5 Inspection of the main items of equipment before shipment and checking of the tests made at the CONTRACTOR’S cost in the suppliers’ workshop. Examination of the reports established by official organization


______________________________________________________________________________

41


having tested the equipment whenever such tests are enforced by laws and regulations.

1.6 Checking of the training programme of the OWNER’s personnel as will

come later.

1.7 Works at Site:

1.7.1 Supervision on site of the execution of civil engineering works. 1.7.2 Supervision of the equipment erection according to the provisions

of the CONTRACTOR’S contract and to good engineering practices.

1.7.3 Checking the lists of all machinery parts and equipment arriving at

site, including spare parts. 1.7.4 During the contraction period, organization of weekly site meetings,

drawing up of the corresponding minutes and transmitting same to all parties concerned, and preparation of monthly reports showing the progress of the works.

1.7.5 Checking the partial statements of works carried out by the

CONTRACTOR and issue of the payment certificates to the OWNER.

1.7.6 During the construction period, CONSULTANT shall delegate to

the top management meeting the to the site every three months, representatives to take care of the coordination between the CONTRACTOR, the OWNER and the CONSULTANT, and to inspect the progress of the works .

Further, on the basis of the general time schedule, the critical path

established for the various phases of the works (detailed design, procurement, manufacturing and shipping of equipment, civil engineering works execution, equipment erection and commissioning) and through detailed checking made by the Resident Engineers, the above-mentioned CONSULTANT coordination team will assess the progress of the works together with the OWNER’s finance department, control of the expenditures during the project execution.

2. Commissioning Supervision

2.1 Initial Equipment and System Start-up:

The Consultant will arrange and prepare for procedure and protocols for the tests and shall supervise the required pre-commissioning tests such as:


______________________________________________________________________________

42


• Final alignment test for each machine and readiness of machine to run. • Lubrication fillings and labeling • No load test for individual machines • Sequence tests

2.2 Performance Tests: Supervision of on-load tests of the works to assure:

a) guaranteed capacity b) guaranteed quality c) Guaranteed utilities consumption (power, fuel, water)

The tests (carried out section by section) will take place not later than three months after respective dates of sections idle test runs.

These tests will include: - The checking of the civil engineering works and their acceptance. - checking by the CONSULTANT’S specialist of the starting-up of the

installations conducted by the CONTRACTOR under his turnkey supply responsibility with the aid of his own commissioning technicians and the cooperation of the personnel appointed by the QNCC/OWNER for the normal operation of the Cement Plant.

- Checking of the guarantees pledge by the CONTRACTOR - The final checking of the equipment under load and its conformity with the

contractual specifications.

At the end of the testing period, preparation of a report on the performance tests and issue of the Work Completion Certificate.

3. Trial Run(No load test and load test)

The CONSULTANT shall oversee the supervision given by the CONTRACTOR to the QNCC/OWNER designated personnel. Close observation is required to prevent any undue or unnecessary damage to the equipment due to miss-operation by the new operators. This period will continue for three Months. The plant must reach to 85% of the maximum capacity of the plant during this period. After successful completion of this period the Consultant shall issue Provisional Acceptance Certificate.

4. Plant Documents

4.1 Checking of the Plant documents to be prepared by the CONTRACTOR

– manuals covering operation, start-up, shutdown and maintenance instructions.

Each manual must include: • description of operation • specifications


______________________________________________________________________________

43


• maintenance instruction, including • drawings • parts list • catalogues • troubleshooting procedure • dismantling and assembly procedures

4.2 The CONSULTANT is obligated to follow-up with the CONTRACTOR to submit

all the plant documentations. It is understood that the professional acceptance will be issued after the submission of all plant documentation listed in the above section.

5. Training

5.1 Training for Operation: The CONSULTANT will delegate required training expert to train on-site

the operation staff (operators – engineers) on process and operation. The CONSULTANT will submit suitable local training program for

technicians and engineers both theoretical and practical, so they will be familiar with system and should be able to operate independently.

5.2 Training for Maintenance: The supplier will organize with his sub-suppliers that a specialist from

those companies will arrange a training program for each equipment which will illustrate to the maintenance staff(Mechanical/Electrical/Automation) the main features of the equipment, the procedures for dismantle, assemble and troubleshooting. Necessary doucments, booklets, procedures should be provided by each SUPPLIER.

6. Defect Liability

6.1 Supervision of CONTRACTOR’s Obligations during the defect liability period.

6.2 The defect liability period for all the new plant machineries, equipment

and for all project works @ site is Twelve (12) months plus forty five(45) days following the date of issue the Provisional Acceptance Certificate certified by the Company and during this period, the CONSULTANT shall forthwith remedy and design errors which may appear on his expenses as defined hereinunder:

6.2.1 From any defective planning, design, wrong or inproper

assessment and investigations which are under CONSULTANT control.

6.2.2 Many act or omission of CONSULTANT done or omitted during


______________________________________________________________________________

44


the said period.

6.3 At the successful completion of the defect liability period plus forty five (45),the CONSULTANT will issue the Final Acceptance Certificate certified by the Owner that the plant will be fully finally transferred to the OWNER.

6.4 The CONSULTANT’S services/ obligations will come to an end with the

delivery of the Final Acceptance Certificate mentioned above.


______________________________________________________________________________

45


FORM FOR SCHEDULE OF PRICES


______________________________________________________________________________

46


FORM FOR SCHEDULE OF PRICES

(On Tenderer / Bidder Letter Head)

A. Fees proposal for Pre-Consultancy Services for Project Preparation Docs. S/No.

Particulars

Unit Amount

Total Amount

1

Geological Survey of OWNER’s Quarries and Raw Material Study

• Basic Design and Engineering

2

Preparation of Preliminary Tender Documents

3 Preparation of the Final Tender Documents

4 Tender Evaluation

5 Signing of Contract

Total:

Tenderer/Bidder’s Name :……………………………………………………………………………

Signed :……………………………… Date……../………./2012

Stamped


______________________________________________________________________________

47


FORM FOR SCHEDULE OF PRICES (On Tenderer / Bidder Letter Head)

B. Fees proposal for Post- Consultancy Services for Supervision Activities:

S/No.

Particulars Time Input in Hour per Months

Months Estimated

Const. Price

1 Project Coordinator

2

Civil Engineer

3 Mechanical Engineer

4 Electrical Engineer

5 Quantity Surveyor (as & when required)

6 Automation Engineer/Expert

7 Process Quarry Expert

Total:

Tenderer/Bidder’s Name :……………………………………………………………………………

Signed :……………………………… Date……../………./2012

Stamped


______________________________________________________________________________

48


FORM OF PERFORMANCE BOND


______________________________________________________________________________

49


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 first written demand not withstanding any contestants by the CONSULTANT, in connection with Tender No. 09/2012 related to …………… this letter of guarantee shall be effective and come in full force from …….. and expiry on …………... after expiry of Forty Five(45) days following the ended date of Defect Liability Period as per the contract. As guarantee for the fulfillment of the obligations of the aforementioned contract by the CONSULTANT in the establishment time and in accordance with the conditions and terms as specified in the contract. Bank’s Signature & Stamp


______________________________________________________________________________

50


FORM OF DOWN PAYMENT GUARANTEE


______________________________________________________________________________

51


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 : Down Payment Guarantee Greetings, By this irrevocable Guarantee, ………….., State of Qatar , incorporated under the laws of State of Qatar (herein after called surety) , pursuant to the execution of Consultancy Services contract for QNCC New Cement Production Line-5, as dated ……………….by and between Qatar National Cement Co. Q.S.C. (herein after called the OWNER) and M/S …………………….. (herein after called the CONSULTANT ), 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 CONSULTANT or any third party, to the extent amount of QAR/USD……….being down payment amount equivalent to 10% of the contract value. Against simple written request of OWNER indicating that CONSULTANT is in default and the OWNER demands the amount to be paid by surety. The gurantee shall come in force on effecting receipt of down payment and shall expire after provisional acceptance of complete consutlancy services as per contract.

Bank’s Signature & Stamp


______________________________________________________________________________

52


FORM OF QUALIFICATIONS

AND EXCEPTIONS


______________________________________________________________________________

53


FORM OF QUALIFICATIONS/ EXCEPTIONS (on tenderer / bidder letter head)

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

1

2

3

4

5

Total

Tenderer/Bidder’s Name & Signture Date

…....………………………………………… ………………..

Seal


______________________________________________________________________________

54


GENERAL CONDITIONS OF CONTRACT


______________________________________________________________________________

55


GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS AND INTERPRETATION 1.1 Definitions In this part/section the following expressions shall have the meanings ascribed to them hereunder except where the context otherwise requires. “Contract” shall mean the Form of Agreement dated 00 th of Month year entered into between the OWNER and CONSULTANT for the provision of the Scope of Services discribed in the tender document , as may be amended from time to time. “CONSULTANT” means CONSULTANT or his lawful assignee or successor. “GENERAL CONTRACTOR” means under contract with the OWNER to perform the Works in accordance with terms of Construction Contract. “CONSTRUCTION CONTRACT” means the contract entered into by the OWNER with the Contractor for th responsibilities OWNER’s New 5000tpd Clinker Production Plant # 5 at UMM-Bab, State of Qatar. “DEFECT LIABILITY PERIOD” shall have the meaning assigned to this term in the DEFECTS LIABILITY PERIOD Clause to be contained in the Construction Contract. “DESIGN” means all of the services to be rendered and provided by CONSULTANT in accordance with Scope of Services, the others CONSULTANT’s responsibilities mentioned this General Conditions of Contract . “DOCUMENT” means and shall include the General Conditions of Contract, Specification, Plans, Drawings, Photographs, reports, Bill of Quantities or Schedules of rats and Prices, Drawings, Letter of Intent, Agreements with Contractors, Subcontractor nominated or otherwise for the Works and all agreed correspondence exchanged between the parties in relation to the Services/Works. “Final Acceptance Certificate” means the certificate issued and signed by CONSULTANT and delivered to the OWNER stating that the Works have been completed in accordance with the Construction Contract, the


______________________________________________________________________________

56


Documents and that the Plant has been maintained to CONSULTANT satisfaction at the end of the Defect Liability Period . “LUMP SUM REMUNERATION” means the fixed amount of remuneration as set out payable to Consultant by the OWNER for provision of consultant Scope of Services. “PARTIES” means the OWNER and CONSULTANT. “OUTLINE DRAWINGS” means the drawings prepared by CONSULTANT and annexed to or issued with these Standard Conditions and such is contained in the Construction Contract. “SCOPE OF SERVICES” means the professional services to be provided by CONSULTANT as listed under Scope of Services. “SUPERVISION” means all of the supervision services to be rendered by CONSULTANT in accordance with Stage-2 mentioned in the scope of Services in the tender document. “PROVISIONAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by CONSULTANT and delivered to the OWNER stating that the Works have been substantially completed in accordance with the terms and conditions as set out in the Construction Contract. “TESTS ON COMPLETION”

means such tests to be undertaken by the Contractor in accordance with the terms of the Construction Contract with such additional tests as agreed upon between CONSULTANT and the Contractor, for the issuance of the Final Acceptance Certificate. “WORKS” means the Works to be executed, completed and maintained by the Contractor to be described in the Construction Contract for the supervision of which the OWNER has named CONSULTANT. 1.2 Interpretations

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

2. Words importing the singular shall include the plural and vice versa.


______________________________________________________________________________

57


3. A reference to any gender includes all genders. 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.

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

6. Article headings and index are for reference only and shall not affect interpretation.

7. The Annexes attached 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.

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 which serves the purpose of the offending term to the fullest possible extent.

2. VALIDITY OF CONTRACT AND DURATION FOR COMPLETION

OF THE SCOPE OF SERVICES

2.1 The Contract shall come into force upon the CONSULTANT receipt of notice to proceed the execution of the Services after the Signing of the Contract by the two parties of this Contract, receipt by the OWNER Down Payment Guarantee and receipt by the CONSULTANT the Down Payment Amount :

2.2 The Technical study shall commence and be completed in accordance with the time schedule contained in the Contract.

2.3 The period of Supervision of the Project execution necessary for

completion of the Woks shall be as stated in the Contract.

2.4 There shall occur no extensions to the Period for completion of the Supervision Services unless the Contract Period for completion of the Works by the Contractor is extended with the consent of the


______________________________________________________________________________

58


OWNER in which case the corresponding extension shall be granted to Consultant provided such extension is required due to the default of the OWNER or the Contractor or for reasons as stated in the Construction Contract.

2.5 Terms defined in the Construction Contract shall where applicable

have the same meanings used herein unless the context requires otherwise.

3. SCOPE OF SERVICES CONSULTANT shall undertake and provide the Scope of Services in accordance with the terms and conditions as set out in the Contract. 4. RESPONSIBILITES CONSULTANT shall:

4.1.1 In all professional matters act as the Consulting Engineer of the OWNER in its best interests and shall safeguard the legitimate interests of the OWNER in providing the Scope of Services. 4.1.2 Exercise all reasonable skill, care and diligence in the charge of its duties under the Contract and shall carry out the Scope of Services in accordance with the highest professional standards while using the most developed and economic techniques. 4.1.3 Be responsible for the sufficiency and soundness of its recommendations, design, drawings and specifications prepared by its pursuant to the Scope of Services. Any approval of the OWNER shall be considered as merely formal which shall not absolve or release CONSULTANT from its responsibility, obligations and liability. 4.1.4 When in charge of Supervision of Works have the authority to

make minor alterations to design as may be necessary or expedient, but in doing so it shall obtain the prior written approval of the OWNER for any more substantial modifications to the design and costs of the Works and to any instructions to the Contractor which constitutes a major variation, omission or addition, to the Construction Contract.


______________________________________________________________________________

59


4.1.5 Comply with and respect the Laws, Regulations and Customs of the State of Qatar.

5. CONSULTANT’S FACILITIES AND EQUIPMENT

5.1 Facilities Required During the Supervision Period

During the Supervision Period, CONSULTANT shall be provided with the necessary accommodation and transportation facilities by the OWNER.

5.2 Costs of Accommodations and Services

The OWNER shall be responsible for all costs of the accommodation and transportation of CONSULTANT staff and sub-contracted staffs. Consultant shall be provided with telephone, fax and internet facilities by the Contractor at Contractor’s own cost.

5.3 Equipment and Materials Specialized equipment and materials furnished by the

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

5.4 Disposal of Equipment and Materials

Upon completion or termination of the Scope of Services, CONSULTANT shall furnish to the OWNER inventories of the equipment and materials supplied to it 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.


______________________________________________________________________________

60


5.5 Site Personnel

Drivers, Clerical Staff, Laboratory Staff, Field Staff, Cooks, Servants and generally speaking all persons so working for CONSULTANT shall be under his direct employment and supervision.

6. TIME SCHEDULE The Time Schedule for completion of each of the Project Technical

Study and Supervision Services shall be stated in the Contract. 7. REMUNERATION OF CONSULTANT

The lump sum Remuneration payable to Consultant for the provision and completion of the Scope of Services shall be allocated and payable in respect of the different stages of the Scope of Services as provided hereunder.

7.1 Project Technical Study

The remuneration payable to Consultant for the Scope of Services related to the Project Technical Study as set out shall be a fixed amount.

7.2 Supervision of Project Execution

In respect of the Scope of Services set out, the remuneration payable to CONSULTANT for such Supervision Services shall be as set out in the Contractt.

7.3 Remuneration for Modified Services Where additional services are necessary due to changes in

“USER REQUIREMENTS” within the Scope of Services requested by the OWNER an additional remuneration to be mutually agreed upon by the OWNER and CONSULTANT shall be granted to CONSULTANT.

The basis for the additional remuneration shall be agreed to in writing between the OWNER and CONSULTANT prior to the commencement of provision of the additional services.


______________________________________________________________________________

61


7.4 Inclusive Remuneration

7.4.1 The Lump Sum Remuneration payable to CONSULTANT shall include all cost, overhead, profits, taxes, charges, payments to his sub-consultants and all costs and expenses of whatsoever nature for the performance and completion of the Scope of Services pursuant to the terms of the Contract.

7.4.2 CONSULTANT 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 Services required under the Contract.

7.4.3 No claim will be accepted by the OWNER from CONSULTANT due to CONSULTANT’s lack of knowledge in respect of any matter affecting the level or adequacy of the remuneration payable to CONSULTANT pursuant to the terms of the Contract.

7.5 Limit of Remuneration

The Lump Sum Remuneration payable to CONSULTANT for the Scope of Services:

a. Shall constitute his entire remuneration on connection with the

Contract and neither he nor his personnel shall accept or benefits from, whether directly or indirectly, any royalty, gratuity or commission in respect of any patented article or process used, or of any trade commission, discount, allowance or indirect payment or other consideration in connection with or in relation to the Contractor for the discharge of its obligations hereunder;

b. Shall not include any allowances for increased remuneration for:

- Overtime or holiday - Increased costs to CONSULTANT due to new legalization after the date of execution of the Contract. - Interest on late payment made to CONSULTANT by the OWNER. - Claims of any nature by CONSULTANT.


______________________________________________________________________________

62


7.6 Reimbursement Provided that the OWNER has given its prior written approval

then the OWNER shall reimburse CONSULTANT the actual expenditure for the following:

7.6.1 All available documents needed in connection with the

Contract such as Cadastral documents, Maps,Drawings, Aerial Photographs, Records, Reports, etc.

7.6.2 Site Survey such as Aerial Surveys, Soil Mechanical Surveys and 7.6.3 Specialized Professional advice and Laboratory

Investigations. 7.6.4 Purchased instruments mentioned in the Contract or

afterwards agreed upon with the OWNER: 7.6.5 Any fees or deposits paid to a Government Authority on

behalf of the OWNER, which fees or deposits are not directly attributable to the costs to be incurred by CONSULTANT.

8. PAYMENT TERMS/ MODE OF PAYMENT 8.1 The Tenderer shall submit his tender offer on the basis of 30 days

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 : -

8.1.1 10% (Ten) percent of the contract lump sum price will be paid to

the consultant as down payment against submission of a bank guarantee of the same value in favour of the Owner by the consultant . As per form of down payment guarantee to be issued through a first class reputable bank operated in the State of Qatar and acceptable by the “Owner” and it’s validity will commence from the date of remittance of the same amount of this down payment to the Consultant’s account and shall expire after provisional acceptance.

8.1.2 90% (Ninety perecent) balance payment of the contract total

lump sum price would be paid as per “Mode of payment” shall be agreed between the both parties before awarding the tender

8.1.3 The payment scheme is valid in the assumption that the

progress of the works by the Consultant in the execution of all consulting services works in accordance with the contract time schedule.


______________________________________________________________________________

63


8.1.4 Should the services 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.

8.1.5 All invoices submitted shall be paid within 30 days from the date

of submission of each invoice by the Consultant and after approval by the Owner.

8.1.6 All payments shall be made out by the bank transfer to the

account of the Consultant will be provided by the later at the time of signing of the contract..

8.2 Down Payment Bond/Guarantee

The Consultant shall issue a Down Payment Guarantee in an amount equivalent to the advance payment amount, through a first class reputable Qatari Bank acceptable to the Owner. This guarantee will be issued at the signature of the Contract, and will be released at the issuance of the Provisional Acceptance Certificate.

8.3 Performance Bond Performance/Bid Bond of 10% of the Contract total lump sum price will

be issued by a first class reputable Bank operated in the State of Qatar and acceptable to the Owner before signing of the contract and will be released after expiry of 45(Forty Five) dyas from the end date of the defect liability period and upon issue of the Final Acceptance Certificate.

8.4 All invoices would be subject to 10% deduction towards the retention money.The amount would be released on the issue of “Final Acceptance Certificate ”.

8.5 Payment for the supervision would be made on progressive payment basis .

8.6 Payment for Modified Services

The same mode of payment as defined in Clause 8 above shall be applicable for additional supervision services including delay in completion pro-rata for the remaining months of the construction period. The mode of payment for modified design services remuneration shall agreed between the parties. With regard to modified services, no additional advance payment will be made by the OWNER.


______________________________________________________________________________

64


8.7 Delay in Payments

Remuneration shall be paid to CONSULTANT within thirty days of submission of the invoices by CONSULTANT unless the OWNER seeks clarification from CONSULTANT regarding the invoices. If, after the said 30 days, the OWNER fails to pay the invoiced amounts, CONSULTANT may give notice for interest due to non-payment within 30 days from the date of delay.

If, after a total of 60 days, the OWNER has failed to pay the invoiced amount and CONSULTANT has given notice to claim interest on the delayed payment, then CONSULTANT shall entitled to claim interest of 7% from the fate of expiry of the 60 days of invoice until the date of receipt of payment.

9. CURRENCY

The Contract Price payable to CONSULTANT 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.

10. DELAY IN COMPLETION

In the case of delay in completing the Works due to a failure of either the OWNER or the Contractor in properly performing their duties under the Construction Contract and for which extension of time is granted to the Contractor or a penalty is imposed upon the Contractor then the CONSULTANT shall be entitled to additional remuneration for supervision of the period of delay. However, when the delay is contributed to by CONSULTANT failure to discharge his obligations as per the terms of the Contract, CONSULTANT shall not be entitled to any additional remuneration for the period of extension.

11. APPOINTMENT OF OTHER CONSULTANT(S) The OWNER may appoint separate CONSULTANT(S) for any other matters of a specialist nature, which do not form a part of the Scope of Services. In doing so, the OWNER shall remain responsible for:

11.6 The Remuneration payable to such CONSULTANT(S) as agreed to separately by the OWNER with such CONSULTANT(S) which shall not form part of the Contract Price payable to CONSULTANT.


______________________________________________________________________________

65


11.7 CONSULTANT may be required to appoint the OWNER’s additional CONSULTANT(s) to act as CONSULTANT representative.

11.8 The responsibility and liability for the services to be provided by the OWNER’s additional CONSULTANT shall exist only between the OWNER and its CONSULTANT and the OWNER shall hold harmless CONSULTANT against any acts or omissions of its additional CONSULTANT.

12. FORCE MAJEURE

12.6 Remuneration If at any time before the completion of the Scope of Services

under the Contract any part of the Works shall be damages or destroyed as a consequence of Force Majeure, as defined in Clause 12.3 hereof, occurring within the State of Qatar beyond the control of CONSULTANT and form unforeseen cause, CONSULTANT will receive the proportionate remuneration for any additional Works which may be requires to be designed and/or supervised by him as a result of such damage or destruction.

12.7 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.

12.8 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


______________________________________________________________________________

66


which could not reasonably be foreseen and which renders impossible the fulfillment of the Contract.

12.9 Delays in Performance

If the performance of any obligations or responsibilities of any Party is delayed for more than 60 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 Scope of Services is prevented in whole or in part due to an occurrence referred to in Clause 12.3 hereof, then the OWNER shall have the option at any time after the commencement of such occurrence to terminate the Contractt by giving written notice to CONSULTANT. The payment on termination shall be assessed as the reasonable and actual cost incurred by CONSULTANT to demobilize those staff whose services are related to the Scope of Services.

12.10 Notice of Termination

If a termination notice is given as a result of Force Majeure as per Clause 12.4 above, the termination shall become effective upon receipt by CONSULTANT of the OWNER’s notice to terminate.

13. TERMINATION OF THE CONTRACT

Should CONSULTANT fail for more than 60 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 Services except in the case of Force Majeure, the OWNER shall have the right to terminate immediately the contract.

14. CONFIDENTIALITY

14.1 CONSULTANT shall treat the details of this Contrtact 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. CONSULTANT shall ensure that its personnel and sub-Consultant enter into similar confidentiality undertakings towards the OWNER.


______________________________________________________________________________

67


14.2 Documents shall remain the property of the OWNER 14.3 All Documents prepared by CONSULTANT for the works or

supplied to him by the OWNER or other CONSULTANT shall remain confidential. During the construction phase of the Works, the drawings shall remain in the sole custody of CONSULTANT.

15. INFORMATION REQUIREMENTS 15.1 CONSULTANT shall submit the following information to the OWNER, at such regular interval as are appropriate:

a) A copy of the minutes of all meetings either between CONSULTANT and the Contractor and (unless required not to do so) between CONSULTANT and the OWNER.

b) All written confirmation by the Contractor of the verbal

instructions of CONSULTANT.

c) All communications from the Contractor, 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.

3. Make a request for additional drawings, specifications,

information or design details.

d) Programme and Schedules as follows:

1. All programmes and schedules of information requirements from the Contractor to CONSULTANT and vice versa.

2. All revision to the Contractor’s original construction

programme. 3. All interim or stage programmes issued by the

Contractor.


______________________________________________________________________________

68


e) Monthly project status reports, which must include statements on : 1. Receipts or otherwise of all documents, certificates,

insurances, bonds, etc. as required by relevant clauses of the Construction Contract.

2. Progress of Works. 3. Performance of the Contractor in particular with regard

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

4. Quality of the Works. 5. Supply or delivery problems and action taken. 6. Any material variation to the Contract period or Contract

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

f) Full details of the Contractor’s staff maintained on the site,

calculated and reported on a monthly basis.

15.2 Instructions

In the event of CONSULTANT giving a decision or instruction to the Contractor under Clauses … (CONSULTANT’s Duties) … (PROGRAMME TO BE FURNISHED), … (POSSESSION OF SITE), … (SUSPENSION OF WORKS), (EXTENSION OF TIME FOR COMPLETION) … (PENALTIES FOR DELAY IN COMPLETION), … (TAKING OVER CERTIFICATE), … (VARIATION), … (ISSUE OF FINAL ACCEPTANCE CERTIFICATE), … (SUBMISSION OF FINAL ACCOUNT) … (PROVISIONAL SUMS) of the Construction Contract, then CONSULTANT shall prior to notifying the Contractor of the decision or instructions, submit a detailed report to the OWNER and discuss the contents of such report with the OWNER. CONSULTANT shall obtain such approvals as may be necessary or required in accordance with the terms of the Contract from the OWNER.

15.3 Variations

CONSULTANT 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


______________________________________________________________________________

69


of Works, is not charged against contingencies and which does not increase the Contract Value;

b) Variations which will increase the Contract Value and will

require the commitment of additional funds

c) Variations which are charged against contingencies as per Clause 15.4 hereunder.

15.4 Competitive Quotations

15.5.1CONSULTANT shall seek competitive quotations for

goods or services to be provided by specialists or sub-contractors for items which are contained within such Provisional Sums in the Contract.

15.5.2 The list of Suppliers of Sub-contractors shall be

approved by the OWNER. The list shall not be less than three companies whenever possible. All replies to tenders shall be delivered to the OWNER, which shall then pass such replies to CONSULTANT to make recommendations as to the acceptance or otherwise of one or more quotations.

15.5.3 Should only one Company able to provide the goods and

services then CONSULTANT shall provide a detailed report with a breakdown of the total price showing the competitiveness and reasonableness of the quotation.

15.5 Taking-Over Certificate

15.6.1When CONSULTANT shall determine that a part or all of

the Works has been completed and is acceptable for use by the OWNER then CONSULTANT shall give sufficient prior written notice to the OWNER that such part is substantially completed and is ready for any test that may be prescribes in the (NOTICE OF TESTS) Construction Contract. Such tests shall be carried out under the supervision of CONSULTANT shall execute a Taking-over Certificate as per applicable Clause (TAKING OVER CERTIFICATE) of the Construction Contract recommending acceptance by the OWNER.


______________________________________________________________________________

70


15.6 Field Staff

CONSULTANT shall appoint field staff for adequate direct site supervision to ensure full compliance by the Contractor with the Contract Documents and specifications, including any modification thereof. The qualifications and experience of the field staff should be approved by the OWNER prior to their appointment. CONSULTANT shall carry out supervision during the Construction period and assist the OWNER during Defects Liability Period. The manpower deployment will be as per Schedule.

15.7 Replacement of Appointed Staff

CONSULTANT shall not replace the staff initially appointed under this Agreement without first obtaining the prior written approval of the OWNER. Any request to replace the staff shall be accompanied by the curriculum vitae of the proposed new staff and an undertaking that such change of staff neither inconveniences the OWNER nor causes to the OWNER any delay or extra costs.

15.8 Qatari Nationals

CONSULTANT shall appoint where available qualified Qatari Nationals for the execution of this Contract.

16. ASSIGNMENT

CONSULTANT 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, CONSULTANT 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 “CONSULTANT”.

17. TAXES

CONSULTANT 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 any regulatory or concerned authority within 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


______________________________________________________________________________

71


mutually discussed in order to adapt the contractual price accordingly.

18. VISA AND PERMITS

CONSULTANT shall be responsible for the fees for obtaining all visas and permits required in the performance of the Contract. The OWNER shall be responsible in obtaining such visas and permits.

19. SPECIFIED BRANDS OF MATERIALS OR PRODUCTS

CONSULTANT shall not specify a single brand of materials or product. Where it is necessary to specify a brand of material or product he shall specify at least three brands of equal and acceptable quality unless he can approve to the OWNER that this is not possible.

20. DUTIES AND RIGHTS OF THE OWNER

20.1 Information to CONSULTANT The OWNER shall furnish all pertinent data and information available to it and shall give such assistance as shall reasonably be required by CONSULTANT for performing its duties and discharging its obligations under the Contract.

20.2 Decisions

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

21. Incompatibility of Contract

The OWNER shall safeguard CONSULTANT against the consequence of any incompatibility between the provisions of this Contract and the Qatari Laws of the State of Qatar, as may be issued after signature of the Contract and have a retrospective effect, unless such legal provisions had been accepted in writing by CONSULTANT.


______________________________________________________________________________

72


22. REPATRIATION OF STAFF

22.1 Should the OWNER request, CONSULTANT shall arrange to suspend the employment of, or repatriate, any staff employed by CONSULTANT for the provision of the Scope of Services, if in the opinion of the OWNER such suspension or repatriation is necessary for the completion of the works. All such costs, charges, expenses, financial consequences or liability arising from such suspension or repatriation shall be the responsibility of the OWNER.

22.2 In the event of a suspension or repatriation in accordance with

clause 24.1 above then CONSULTANT shall forthwith arrange a replacement person of suitable experience and such person shall be approved by the OWNER prior to the replacement.

23. OWNER’S APPROVAL

The OWNER’s specific approval in writing shall be required by CONSULTANT prior to the following: a) Assignment or subletting by the Contractor of any part of the Works. b) Any direct instructions by CONSULTANT imposing to the

Contractor a method of working different to that stated in the Construction Contract or modifying the accepted method included and agreed at Tender Stage.

c) Change from the Technical Basis of the Construction Contract related to equipment materials and finishes of technical, functional and/or aesthetic significance.

24. SCOPE OF LIABILITY OF CONSULTANT

24.1 Errors and Omission CONSULTANT is liable for all detrimental consequences of its recommendation, negligent acts, errors and omissions on its part or on the part of the employees, sub-Consultants, agents or assignees in discharge of its contractual obligation under this Contract.


______________________________________________________________________________

73


CONSULTANT shall execute his services in accordance with all requirements and criteria in the contract documents (Scope of Services) and in accordance with standards of care and diligence generally practiced and expected by Contracting Firms possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.

24.2 Defects

CONSULTANT, at his own expense, carries out any alterations or remedial design necessitated by reason of such errors and omissions for which he is responsible and modifies the drawings and information accordingly.

24.3 Limitation

It is also understood that CONSULTANT can in no case be substituted for the Contractor in the responsibility of fulfilling the latter’s obligations under his turnkey contract.

24.4 Violation of Rights of Third Parties

CONSULTANT shall be responsible for the violation of the rights of third parties unless he has not been given correct information concerning their provision or rights or that he has brought to the notice of the OWNER such liability before hand-Over.

24.5.Insurance Cover

CONSULTANT shall provide to the OWNER a Certificate of Insurance relating to Professional Indemnity to cover its Liability as defined hereinbefore. Such Certificate shall be issued in accordance with the Qatari Laws of the State of Qatar. The provision of such certificate shall not lessen or reduce the liability of CONSULTANT as contained in Clauses 24. During the supervision of erection, and generally speaking during the period of presence of personnel of CONSULTANT on the site, it will be responsibility of the general contractor to subscribe the necessary insurance for all the CONSULTANT’s personnel on duty on the site.


______________________________________________________________________________

74


24.6 Duration of Liability

CONSULTANT will be responsible for the satisfactory execution of all their assignments related to the project from conceptual design to commissioning, acceptance and defect liability and maintenance period.

24.7 Contracts by CONSULTAN

CONSULTANT shall collect all the necessary information required for the execution and discharge of its obligation and services as stated under this Contract and shall initiate and activate all necessary contracts for this purpose. The OWNER shall assist in facilitating when possible.

24.8 Insurance of staff of CONSULTANT for his staff

Without prior prejudice to article 24.5, CONSULTANT shall take all insurance for his own staff (such as medical, life, accident, etc.) in accordance with the Qatari laws and regulations of the State of Qatar.

25. 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 At the specific designation of the Parties set forth in the Form of Agreement.

26. 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


______________________________________________________________________________

75


Contract etc. shall be in the English language. In case of these Contract documents being translated into Arabic Text 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.

27. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

27.1 Settlement of Disputes

In case of any dispute arising between the Consultant 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 Two months of its arising, the same shall be referred to the Qatari Court(s).

27.2. Applicable Law Applicable law shall be Qatari Law

27.3. Services/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 Court(s).

Tender Documents - Qatar National Cement Company · Qatar National Cement Co. Q.S.C General Tender...

Documents

Transcript of Tender Documents - Qatar National Cement Company · Qatar National Cement Co. Q.S.C General Tender...