Attn. :Chairman of Tender & Procurement Committee



Tender DocumentsTable of ContentsSubjectNo of PagesPart-1Instruction to Tenderers03-05Tender General Conditions06-11Letter of Acknowledgement12-13Form of Tender14-16Form of Tender Bond17-18Part-2Form of Agreement20-25SOW, Technical Aspect, Drawings– if any26-31Form of Schedule of Rates &Prices32-33Form of Performance Bond34-35Form of Advance Payment36-37Form of Qualifications and Exceptions38-39General Conditions of Contract40-52Part-1Instruction to Tenderers03-05Tender General Conditions06-11Letter of Acknowledgement12-13Form of Tender14-16Form of Tender Bond17-18Instructions to Tenderers1.Documents Provided for Tender Purpose1.1 The documents specifically provided for the purpose of tendering (herein after called “the tender documents”) comprise of the followings.Part-1Instruction to TenderersTender General ConditionsLetter of AcknowleggementForm of TenderForm of Tender BondPart-2Form of AgreementSOW, Specifications, Drawings– if anyForm of Schedule of Rates and PricesForm of Performance BondForm of Qualifications and ExceptionsGeneral Conditions of Contract2. Submission of Tender2.1The 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 Rates and 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.2.2Should 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.2.3Tender 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 .2.4Alternate Options: TheTenderer may submit alternative tender offerinaddition to the original tender offer and should thetenderdocuments so stipulate and if thetenderer deems itto be in the interest of the services/work or project financially or technically or with respect to the completion period or for anyother 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 offer(s) and should be clearly marked as alternate tender offer A, alternate tender offer Betc.2.5Tenderer/bidder must include the following in duly filled in their offer:a.The time for the implementation & completion of the works shall be clearly stated with dates in details.b. Each page of tender documents shall be initialed by the principal duly authorized to represent and bind the tenderer/bidder and stamped by the tenderer/bidder as token of their acceptance.c. The tenderer/bidder should express that he has no objection to enter into a final contract/agreement based substantially upon the content 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 Errors3.1 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 orscratching out on the Tender Offer(s), it must be signed and stamped by the tenderer .3.3 Prices and their particulars must be typed or written in ink and should not be written in pencil. All pages of the Tender, especially those containing the total prices and their term must have the stamp of the Company/establishment, affixed to them.3.4 The tenderer/bidder shall submit his tender in Qatari Riyals or US Dollars. The related breakdown of the lump-sum price and all other monetary statements in connection with the tender offer(s) are to be in Qatari Riyals or in US Dollars.3.5The name of the responsible person signing must be typed or printed below signature. The official stamp of the tenderer/bidder must be fixed.3.6In 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 4.2 below in writing , quoting tender number and title.4.1 Tenderers query shall reach to folllowing address at 7 (Seven) days before closure date. Queries raised therafter may be ignored.4.2Tender Offer duly sealed should be returned /addressed to:The Chairman of Tender & Procurement Committee Qatar National Cement Co. (Q.S.C)P.O.Box 1333, Doha, State of QatarTele (0974) 4693 800, Fax (0974) 4693 900And to be handed over to:The General Secretary’s Tender & mittee OfficeLocated : Cement Factory No.2 @ Umm-Bab, State of QatarTele. No. 00479 447128800Extension Number:328Closing Date: Monday, December 24 ,2012 @ 12 NoonThe 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.TENDER GENERAL CONDITIONSTender General ConditionsValidity of TenderTenders 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 Bond2.1Tender Bond shall be enclosed with the tender offerin the form of bank guarantee issued by one of the first class reputablebank operating in the State of Qatar acceptable by the QNCC/Owner amounting of QAR 50,000/- (Qatari Riyals Fifty Thousand) or equivalent to the same amount in US Dollars. It must be unconditionaland valid for (120) days commencing from the date following of closing date. The tender and procurement committee reservesthe right to exclude any tender offer which does not include the required tender bond.2.2Upon the receipt of the 10% bank letter of guarantee/performance bond from the successful tenderer/bidder’s the tender bond should be returned to unsuccessful tenderer(s)/bidder(s). Successful tenderer/bidder’s tender bond would be returned after the receipt of bid/performance bond by the QNCC/Owner from the successful tenderer/bidder before signing the contract.2.3The 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 Tendering3.1The QNCC/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 work subject to this tender.4. Acceptance or Rejection of Tender4.1The QNCC/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/services/works at the same prices as offered.4.2The QNCC/Owner is not committed to accept any tender offer with the least price.4.3The QNCC/Owner 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 aperiod of time.6. Performance BondSuccessful tenderer/Contractor will be required to submit bank performance bond as per the format provided in the tender document amounting to 10% (ten percent) of the total lump sum contract price, issued by a first class reputable bank operating in State of Qatar and acceptable to QNCC/Owner. The performance bond shall become effective before signing the contract and it validity period should be cover the Maintenance/defect liability period of 12 (Twelve) months, plus 45 days which is covering any default maybe appear in the completed work or any contractual obligations implication during such period. If the QNCC/Owner shall consider forfeiting the bond or guarantee he shall forthwith do notify the Contractor specifying such default/failure. 7. Examination of Tender Documents/Site Conditions /Site Visit7.1Tenderer/bidder are advised to examine and thoroughly acquaint themselves with the contents of the tender documents and take all further steps necessary to ascertain for themselves, entirely at their own expense, any additional information necessary for submitting a tender offer and executing the works.7.2Submission 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.7.3Tenderer/bidder at their own expense shall visit the site and obtain by themselves all information which may be deemed necessary to enable them to submit a fully comprehensive and sufficient tender offer.7.4No 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.7.5 The attention of the tenderer/bidder is drawn to the fact that the tender offer has to be on fixed price basis with no provision for price variations for labor, materials, currency variation, taxes and duties which may arise during the duration of the Contract. 8. Correspondence/Notices would be done by tenderer/bidder(s) on the address of the QNCC/Owner stipulated elsewhere giving Tender Number,Title of Tender. All Invoices /notices should mention the Tender Number, Title of Tender.The QNCC/Owner shall issue/send correspondence/notices to the Representative of Contractor as provided on the Contract. The QNCC/Owner and Contractor shall immediately notify each other of incase of any change in such address for any reason whatsoever.9. 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 installation of refractory required for the Cement Plants kilns.The tenderer/bidder time schedule shall be subdivided in various sub activities.Time schedule will become part of Contract.The tenderer/bidder should propose his shortest possible completion time for his scope of the work.9.1 The tenderer/bidder shall submit followings with his tender documents:9.2 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 @ Umm-Bab, State of Qatar. 9.3 Lay out and site installation camp including list of major equipment for the execution of the services/works. 9.4 Detailed diagram for training of company’s personnel,if any (NOT APPLICABLE). 9.5The tenderer/bidder shall propose and implement the periodical progress report and site meetings.10. Contract10.1Successful tenderer/bidder would enter in a contract with the QNCC/Owner outlining the conditions as enumerated in tender documents and with the Contract prices and additional conditions as agreed by either party to contract.10.2The Contract will be drawn up in three (3) originals duly signed by authorized signatories and stamped by official seal of either party to Contract. The QNCC/Owner and the Contractor wil each receive one original contract.10.3 The contract shall be binding on the successor/s in the event of change in Ownership of either party.11. Assignment and Sub-ContractorThe Contractor shall execute the Contract himself and he shall not assign it in whole or in part or sub-let it wholly or partially without the prior written consent of the QNCC/Owner.If permitted by the QNCC/Owner to assign the whole contract or part there of, the Contractor shall guarantee the proper execution of the contractual obligations by the assignee. The Contractor and the assignee shall be jointly responsible on sub-letting. The Contractor shall be responsible for theacts, defaults and neglects of any sub-Contractor, their agents, servants or workman as fully as if the were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.12. The Proposed Payment Terms & CurrencyThe payment of Contract Price shall be settled as per the payment terms mentioned in the General Conditions of Contract Section-6 in this tender document.13. Mistakes & Errors13.1 The Tenderer/Bidder 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/QNCC or not. 13.2The Tenderer/Bidder, however, shall be responsible for any misunderstanding or incorrect information obtained by him.13.3The Tenderer/Bidder 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/QNCC shall bear all costs reasonably incurred therein. The performance of his obligations under this clause shall be in full satisfaction of the discrepancies, errors or omissions.14. Applicable LawAll disputes shall be settled as per applicable Qatari Laws.Tenderer/Bidder shall be fully conversant with the laws ,regulations and practices prevailing in State of Qatar.15.Settlements of Disputes15.1In case of any dispute arising between the QNCC/Owner and the Contractor, the two parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 90(Ninety) days of its arising the same then shall be referred to the competent Qatari Laws.15.2 No Question, dispute or indifference arising between the QNCC/Owner failed to settle the same amicably within a period of 90 (Ninety) days.15.3Performance of the Contract shall Continue during judicial proceedings unless the QNCC/Owner shall order the suspension thereof, and if any such suspension shall be ordered the reasonable expenses of the Contractor occasioned by such suspensionshall be included in the total lump sum price of the Contract if the Court(s) do decide. No payment due payable by the QNCC/Owner shall be withheld on account of pending reference to the Court(s). LETTER OF ACKNOWLEDGEMENTLETTER OF ACKNOWLEDGEMENT(ON THE LETTER HEAD OF TENDERER/BIDDER)Date: …………………Ref. No.: …………………………….To:The Chairman/Deputy Chairman of Tender and Procurement CommitteeQatar National Cement Company (Q.S.C.)P.O.Box; 1333Doha, State of QatarTender 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 NameName: Stamp/SealTitle:FORM OF TENDERFORM OF TENDER(ON LETTER HEAD OF BIDDERS)Qatar National Cement Co., (Q.S.C)Date ……………..P.O Box 1333,Doha, State of QatarAttn. :Chairman of Tender & Procurement CommitteeSubject: General Tender 11/2012Gentlemen,Having examined the Tender Documents and having inspected the site and fully acquainted ourselves to the characteristics of the site, environment thereon, responsibilites of the project, We undertake to execute and complete “Implementation of Refractory Installation Works in QNCC Cement Plants Kilns @ Umm-Bab, State of Qatar, as defined in the Scope of Work, Technical Specs., Conditions & Drawings- if any 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 AddendaDate……………………………………..……..…………………………………………..…………..……………………………………..…………..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 refractory installation work has been included. We, hereby, undertake that if our tender offer/bid is accepted, we shall start/proceed the 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 documentsBank Tender Bond No…………… of QR/USD .………. in favor of Owner/QNCC and valid for 120 days until …../……/2012; Latest Financial Report of the Company; Others ………………….please specify …………………………………………...Company Name:……………………………Address: ……………………………Tel. & Fax:……………………………Represented by: ……………………………In the capacity:……………………………Duly authorized to sign on behalf of the Contractor.Signature ……………………………Witness by……………………………In the capacity of ……………………………Address……………………………Signature ……………………………Date……………………………Company Seal ……………………………FORM OF TENDER BONDFORM 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 QatarSubject: Tender Bond for General Tender (11/2012)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. 11/2012 …………….. 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 & StampPart – 2Subject No of PagesForm of Agreement 20-25Scope of Work (SOW), Technical Aspect, Drawings– if any26-31Form of Schedule of Rates & Prices32-33Form of Performance Bond34-35Form of Advance Payment Guarantee36-37Form of Qualitfications and Exeptions38-39General Conditions of Contract(GCOC)40-52FORM OF AGREEMENT???? ???????FORM OF AGREEMENT?? ????? ??? ??????? ?? ??? ............. 2012? ???? ???:The Agreement has been made on this……………….. ..., 2012, by and between:???? ??? ??????? ?????? ??????? (?0?0?) ? 0 ? : 1333 ?????? - ??? ????? ???? ??? "??????" ????? ??????????????????/ ...........................?0?:.......????? ???? ??? "??????? " ????? ?????? QATAR NATIONAL CEMENT COMPANY, (Q.S.C.) P.O. BOX: 1333 DOHA, QATAR herein after called the "OWNER" the First PartyAndM/S. ………………………………... P.O.BOX: … Herein after called the “CONTRACTOR” the Second Party ??? ???WHEREAS??? ??? "??????"???? ?? ????? ????? ????? ?????? ??????? ???????? ??????? ??????? ?????? ?????? ??????? ? ???? ?? "???????" ???? ??????? ? ?????? ?? ????? ??????? "??????" ? ? ????? ???????? ?????? ???:11/2012? ?????? ???? ????? ??? ????? ????????? ?? ?? ?? ????? ?????? ??? ??????? ???????? ???? ???? ????? ?? ??? ????? ?????? ? ????? ?????? ???????? ?????? ????? ? ???? ??? ?? ????? ??? ???? ??? ?????:-As the OWNER desire to execute special works for with the Technical in replacement and installation of Refractories in KILNS operated in Cement Plants and the “CONTRACTOR” is qualified and willing to execute this for the “OWNER” to as announed by the “OWNER” general tender No.11/2012 subject of the Contract which include everything necessary to perform such works wether it is mentioned or not in this Contract and as per the following terms and conditions hereunder:-??? ?? ??????? ??? ?? ??? :NOW THIS AGREEMENT PROVIDES AS FOLLOWS:?? ??? ??????? ??? ??????? ????????? ???? ??? ??? ??????? ??????? ??? ?? ???? ????? ????? ???? ???? ??? 0 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?? ????????? ??????? ??? ? ???????? ??????? ?? ??? ?????? ???? - ?? ???? ? ???? ??????" ????? ??? "??????"?"???????"? ????? ???? ????? ??????? ?? ??? ????????? ??? ??? :The following documents only- if any, shall together constitute the Contract between the“OWNER”and the "CONTRACTOR " and the terms of this Contract shall in all such documents be construed accordingly:???? ??? ??????? ??????? ?????? ????? ???? ??????? ??????/??????? ????????? ?????? ?????? (.............( ?? ?????: ../.../2012 ? ???????? ???????? ?? ???"??????" ????????"??????"??????? ???? ?????? ????????? ?????????? ????????? ???????? ??? ? ??????? ?????? ??????? ?? ???"??????" ??? ????? ???????? ????? ???????? ????(FAX/TEND.&T.) ???????:....../ ...... /2012? ????????0 This Form of Agreement;The General Conditions of Contract; The Succesfull Tenderer/Contractor Tender Offer ref.: ………….)dated……./…../2012 and it’s annexes approved by the Owner; The “OWNER” documents containing all data requirements, specifications and drawings listed therein and annexed hereto, which have been elaborated by the ‘’Owner’’ for the Works before awarding the Tender, awarding letter ref (FAX/M./12/………..) dated ……/……/2012 and it’s annexes.?????? ??????? ??? ????????? ????????? ???????? ????? ????" ?????? ????? ? ??? ?? ??????? ????? ?? ??? "??????" ?"???????" .For the purpose of identification, the said documents and their annexes are made an integral part of the Contract and have been initialed on behalf of the “OWNER” and the “CONTRACTOR”.?? ???? ???? ?? ????? ??? ?? ??? ?? ????????? ???????? ? ???????? ?? ????? 2 ?? ???? ??????? ?????? ? ??? ???????? ???? ??? ???: 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:? ) ???? ??? ???????? ??? ? ? ? ? ??Will have priority over b, c and d;?) ???? ??? ???????? ??? ? ? ??Will have priority over c, d and?) ???? ??? ???????? ??? ?0Will have priority over d.????? ??? ??? ????? ? ????? ??????" ?????" ????? ?????? ??????????? ????????? ???? ??? "??????" ?"???????" ? ???? ??????? ??? ???? ?????????? ?? ??? ??????? ???? ????? ?? ???? ?????? ??? ????? ????? ????? ??? ????? ????? ??? ???? ??????? 0The Contract as herein before defined constitutes a full statement of the contractual rights and liabilities of “OWNER” and the “CONTRACTOR in relation to the Works and no negotiations between them nor any documents agreed or signed by them prior to the concluding date of Contract in relation to the Works shall hereafter be of any contractual effect.????? ?? "???????" ?? ??? ????? ??? ????????? ??????? ?? ?? ??????? ??? ?? ??? ??????? ?????? ????? ?????? ?????????? 0 ??? ???? ?? ??????? ??????? ???? ?? "???????" ????? ????"??????"?? ???? ????????? ?????????. It is understood that the “CONTRACTOR” has obtained for himself all information complete in every respect including all technical aspects, The Site conditions, and facilities. It is also understood and agreed that the “CONTRACTOR” shall be responsible to the for all his contractual obligations. ???? "???????" ??????" ?????" ?? ????? :The “CONTRACTOR shall be fully responsible for the following: ???????? ????? ?????????? ????????? ? ??????? ?? ??? ??????? ?????"??????" ?? ????? ????? ??????? ????? ????? ???? ??????? ????? ????? ????? ????? ?????? ???? ????? ???????? ?? ?????. Full compliance with the guidance and instructions issued from time to time by the “OWNER”’s technical representatives at the site execute, and provide of all the work requiremenrs to the works as per respective scope in the specified time mentioned in the Contract. ?) ??????? ???? ???????? ?? ?????."??????" ?????? ????? ??? ???????? ??????? ???????? ???? ?????? ?????? ??????? ???????? ? ???????? ???? ????? ??????? ??? ??????? ???? ?? ???? ??? ????? ????? ????? ?????? ?? ? ????? ????? ???? ???? ?? ???? ????? ??????? ????? ?????. Arrangement for meetings with the “OWNER” ‘s representatives at sites at shutdown time for coordination between them to carry out the required work, and to follow-up his team work and resolve problems that may arise related work teams affiliated to it for best performance the works subject of the Contract. ?) ?????? ????? ??????? ??? ??????? ???????? ???????? ????? ?????? ? ????? ????? ??????? ???????? ????? ????? ? ???? ????? ????? ???????? ??????? ????????? ???????? ?????????? ?????? ??????.Exercise all reasonable skill, care and dilligence in the discharge of its duties under the Contract and shall carry out the required maintenance work in accordance with the highest professional standards whilst using the most developed and economic techniques.???? ?????? ???????? ??????? ????= ………………….( ) 0The Contract total price is the sum of QAR …………………….) only(.???? ??? ????? ????? -------------(------) ???? ?? ????? ??? ??????/????? 0The contract execution period …………………………(…………) month(s) from date that come into force???? ???? ????? ????? ????? "???????" ???? ??????? ?? "??????" ???? ????? ???/ ??? ????? ?????.The CONTRACT shall come into force upon the CONTRACTOR receipt of the Notice to Proceed from the “OWNER” issued after signing of the contract.??? "??????" ?? ?? ??? ????? ??? ?? ????? ?? ???? ?? ????? ?????? ?? ????? ????? ???????? ??? ????? ????? ??????? ???????? ?? ????????? ?? ?????? ?? ?????? ? ????? "??????"???? ?? ????????? ?????? ? ??? ?? ??? ??? ?????? "???????" ?????? 0The “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 Works as Engineers, CONTRACTOR, Inspectors or Supervisors and that the “OWNER” can replace them with others and he shall communicate the same to the CONTRACTOR in writing.????? "??????"??? ???? "???????" ??????? ???????? ????" ????? ????? ???????? ??????? ???:6 ??????? ?????? ????? .??? "??????"??? ????? ????? ????? ???????? ??? "???????" ?? ??? ????? ? ???? ????? ??????? ??? (21) ????/2009? ? ?? ???? ??? "???????" ?? ????? ???? ?? ????? ????? ????? ?????? ??.The “OWNER” shall pay to the CONTRACTOR all amounts due in this contract in accordance with payment terms article No.6 mentioned in the General Conditions of Contract.The “OWNER” has the right to deduct from contract total lump sum price if found any income tax amount due on the CONTRACTOR as per Qatari law No. 21/2009, in case the CONTRACTOR fails to submit a copy of his Income Tax Card. ?? ??? "???????" ?? ????? ?? ????? ??????? ???? ??? ??????? ? ???? "??????" ????? ????? ?????? ????? 3000????? ????? ?? ?? ????? ??? ?????? ??? ???? ?????? ? ???? ?? ?? ??? ?? ??? ?? ??? ??????? ? ??? ?? ?? ????? ???? ???????? ???? 10% ?? ?????? ??? ????? . ???? ?????? ?? ??? ??? ?????? – ?????? ?????? ??? ?????? ? ????? ??????? ????? ????? ??? ???? "???????" ?? ???? ?????. If the CONTRACTOR fails to perform or to complete the Works within the Time for Completion the “OWNER”shall be entitled to deduct from the contract price 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 totoal contract price. The “OWNER” in such case has the right to call another Contractor to execute and complete the work subject of Contract on the account of the CONTRACTOR from the Contract price. ????? "???????" ??? ?????? ???? ????? ??????? ???? ???? ??????? ??? ?????? ???? ?????? (4-18)??????? ?????? ????? ??? ?????? ?????? ??? ??? ??????? ??????? ??? ?? ??? ??????? ??? ??????? ?? ???? ????? ???? ????? ??? ????? ????? "??????".The CONTRACTOR shall issue all the insurance policies for the Works covering all risks i.e. as here after defined in the General Conditions of Contract section 18.4 and to be submitted to the OWNER before commencement of execution the Works at site. The insurance shall be arranged from an insurance company operating in the State of Qatar approved by the OWNER. ??? "???????" ?????? "??????" ???? ????/????? ??????? ????? =/.................... ? ???????10% ?? ?????? ??? ????? ? ????? ?????? (..................) ????? ??.............. ? ???????? ...../...../2012? ? ????? ??????? ????? ...../......./ 201? 0The CONTRACTOR has submitted to “OWNER” the Bank Guarantee/performance bond of total amount…………. equal 10% of the Contract total price, Bond No. (………….) and issued by …………………,dated /../2012. and valid until ……/……../201.???? ????????? ? ???????? ???? ???? ??? ??????? ???? ????? ??? ????? ???? ????" ?????? ????? ??????? ?????? ? ????? ?????? ?????? ????????0All 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.??????" ??? ???? ??? ??????? ???????? ??? ??? ?????IN WITNESS whereof the Parties hereto have signed the present Contract.???? "??????"FOR “CONTRACTOR” ?????????? : ??????? : ……………………………………………….????????: ………………………………………..SIGNATURE:NAME : ……………………………………………….TITLE : ……………………………………………….STAMP:?????:SOW AND TECHNICAL ASPECTSSCOPE OF WORKThe scope of work for this tender is to perform the breeaking , cleaning of old refractory, coating and building the new refractory in the Cement Plant Lines’s kilns Nos.2,3 & 4 @ Umm-bab, State of Qatar and as per the following Contractor scope of work :- S./No.S.O.W1.Demolishing, Cleaning the old brick lining and its coating, and install the new brick lining for the tube of the kiln. 2.Demolishing, Cleaning the old brick lining and install the new brick lining for production line (Preheater, cooler and Tertiary air ducts)3.Demolishing, Cleaning the castable, building the new castable for the production line(Preheater, kiln, cooler and Tertiary air ducts) and welding anchors, with providing the wooden form and without welding electrode4.Supply, Erect, Scaffolders with hight from 10m to 20m, if required5.Clean the working sites inside the plant and the remove of any waste produced during the work process.6.Debricking Machine operator (Broke Machine) 7.Cleaning of coating material from kiln inside for work space (Kiln Rotation) under Contractor supervision. 8.Cleaning of removed bricks from kiln inside through Manhole using Bobcat and storing in the ground floor– Chute for disposal. 9.Cleaning of kiln shell PARTICULAR TECHNICAL CONDITIONS1The Contractor should Take the necessary arrangement and procedures to secure his qualified manpower and guard his equipment(s) at sites.2Scaffolding with proper access and in a good safety condition to the work place,Cleaning of damaged area old refractory3All Personal Protection and safety equipment’s required to carry out the installation job. 4Food, accommodation and transportation at site for contractor’s personnel.5Store Room or container for storing Contractor equipment, tools and tackles and one temporary office space our management team at site 6Provide safety represents, all the manpower list needed:Engineer-Forman- Masons-scaffolders, demolisher, welder and use high qualified labours to work in shifts to cover 24 hour per day including the national holidays, if necessary to carrying out and perform the required refractory work.7Contractor Scope of Work shall be as per the specification and scope mentioned as above along-with safety equipment and representative8Contractor shall be responsible to ensure proper conduct, discipline and behavior of their personnel at site and co-ordination with the OWNER and other contractors involved in the project site.9Contractor’s undertake to use efficient equipment(s) to execute the work without harming the enviriroment.10The Contractor will provide all the needed equipment(s) and Scaffolding in good safety conditions, if required.11 the curriculum vitae of the proposed manpower and an undertaking that such change of manpower categories neither inconveniences the OWNER/QNCC nor causes to the OWNER/QNCC A copy of the I.D. card for each labor/employees before starting the work.12Provide the workers with a special uniform different from the first party’s employees, in addtion to providing its workers with all the industrial safety tools.13They shall bear any damage occur during the execution of the work inside the plant in addition to bearing compensation for direct loss occur due to any of the supplier actions or his followers.14Provide the manpower use high qualified technical labours to work in shifts to cover 24 hour per day including the national holidays – if necessary – to perform the required work.15The man power needed: Engineer-Forman-Mesons-scaffolders-demolisher-welder.16A list of the labors/employees who shall execute the scope of this tender work inside the plants.17A copy of the I.D. card for each labor/employee listed in the above mentioned list.18In case they are going to replace or adds any labor, they should submit all the above mentioned documents for the new labors/employees before starting the work.19Provide the workers with a special uniform different from the first Party’s employees, in addition to providing its workers with all the industrial safety tools.20They shall bear any damages occur during the execution of the work inside the plant. In addition to bearing compensations for direct loss occurs due to any of the supplier actions or his followers.21They shall take all the needed procedures to secure his workers and guard his equipments.22They undertake to use efficient equipments to execute the work without harming the environment.THE OWNER’S RESPONSIBILITIES FOR THE WORK REQUIREDS./NORESPONSIBILITY1DeBricking Machine for removal of coating and bricks 2Brick Lining Machine 3Scaffolding Material 4Shuttering material & Wooden Planks 5Brick cutting machine and blades 6Forklift for shifting material with operator 7Welding Machine for anchor welding8Electrodes for welding anchors 9Electrical Vibrators for castable installation 10Ice or hot water for castable installation 11Paddle mixture and other things for refractory mix preparation 12Pneumatic Breakers & Electric Breakers for removal of refractories from preheater ,cooler etc. 13All the necessary tools for the job 14Fixing of Access platform from kiln platform to kiln inside access 15Kiln rotation as required during job as and when required 16Bricks mobilization from QNCC Ground floor to Working Area using QNCC cement Winch or crane.17Forklift Operator 24 hours for material shifting to work area 18Assembly of brick lining machine 19Positioning of kiln according to the contractor requirement 20Installing of QNCC recommended bricks according to the acceptable tolerances 21Supplying all the refractory bricks (including long shaped bricks) and castables required for the job22Suitable working conditions.23Provide Drinking water at site for our personnel.24Provide office space for administrative staff.25Issuance of the needed Gate pass required for the execution of the works for the contractor’s Manpower against submission of the necessary documents subject to the approval by the Owner. Note: The CONTRACTOR should include in the offer the rate & charges (in case if any shortage from the OWNER’s side) to provide the following items:Scaffolding MaterialShuttering Material and Wooden PlanksElectrodes for Welding AnchorsNecessary tools for implementing the works.ESTIMATED REFRACTORY MAINTENANCES./NoAreaEstimated BricksEstimated Castable1Rotary KilnAccording to Plant Status2Cyclones/ Cooler / Calciner etc.According to Plant StatusTotal quantity Refractory for Installation Total minimum installation quantity for billing Detailed Execution Plan We have planned for days shutdown tentatively as given below. We will submit the final planning after mutual discussions with OWNER/QNCC Maintenance and production department inputs. If there is increase the amount of job or any delay due to mechanical release we will revise the plan accordingly. Refractory Installation ScheduleEstimated (Min)Manpower Requirementper Day (2 Shifts) – 12 hours eachFrontsStartComp DayDays ReqdBrick MTCastable MTFrontsStartComp DayDays ReqdDayDayRotary KilnKiln Coating DismantlingKiln Coating Cleaning by Rotation Kilns bricks dismantlingKilns bricks cleaningKiln Bottom liningBrick Laying machine assemblyMachine LiningOutlet tip casting castableBrick CuttingColler, Preheater, & other AreasMaterial and scaffolding shifting to PH floorsCooler ScaffoldingCooler Dismantling and Cleaning Anchor InstallationCastable InstallationScaffolding RemovalManpower Deployment (Tentative) We have planned for a minimum of people for the current job with masons, welders, carpenters, labours and machine operator. One project manager will be responsible for the overall projects with supervisors. We will bring adequate no of people for the completion of job in time. DateDaySupervisorMasonWelderCarpenterLabourGuarantee 1. We guarantee the completion of the refractory installation works required within the time frame mutually agreed with OWNER/QNCC.2. We guarantee that if there is any problem due to installation of Refractory within three days of kiln light up, we will reinstall the refractory free of charge provided heating of refractory is done as per schedule.Maintenance/Defect liability Period will be 12 months, plus forty five(45) days covering any defect maybe appear related to the completed refractory installation works by the Contractor’s manpower.Contractor undertake to compensate the OWNER/QNCC with the damage bricks during the refractory installation works incase the total quantity of the damage bricks is more than 1% of the total quantity it should be installed.We undertake to execute and complete “Refractory Installation Works in Cement Plants kilns Nos.(2, 3 & 4) @ Umm-Bab, State of Qatar, as defined in the Scope of Work, responsblities., particular technical terms and as per contract terms and conditions and other terms and conditions mentioned in “Tender Documents” studied/accepted and signed by us.___________________________________________ Tenderer/Bidder Name Date_____________________________________________________ Authorize Person’s Name/Signature DateStamp/SealFORM OF SCHEDULE OF PRICESFORM FOR SCHEDULE OF RATES & PRICES(ON TENDERER / BIDDER LETTER HEAD)S/No.ParticularsUnit AmountTotal Amount01Mobilization all Tools/equipment(s) & Manpower to the site @ Umm-bab02Removal and Application of Refractory Bricks including mortar, insulation materials etc.,03Scaffolding (if required during the work)10 meters20 meters30 meter04Shuttering Material and Wooden Planks (if required during the work)05Electrodes for Welding Anchors (if required during the work).06Necessary tools for implementing the works.07Handing over the site after completion all refractory installation works (if required during the work).Totalin wordsTenderer/Bidder’s Name :……………………………………………………………………………Signed :………………………………Date……../………./2012StampedFORM OF PERFORMANCE BONDFORM OF PERFORMANCE BOND(ON BANK LETTER HEAD )Qatar National Cement Co., (Q.S.C)Date ……………..P.O Box 1333,Doha, State of QatarGreetingsLetter of Guarantee No …………………………………………………………. Upon request of M/S……………………………. We hereby guarantee to pay to you or to your legal representative an amount of QAR/USD………….. Upon first written demand not withstanding any contestants by the CONTRACTOR, in connection with Tender No. 11/2012 related to …………… this letter of guarantee shall be effective and come in full force from …….. and expiry on …………... after expiry of twelve (12) months following the Maintenance/Defect Liability Period, plus forty five (45) days as defined in the Contract. As guarantee for the fulfillment of the obligations of the aforementioned contract by the CONTRACTOR in the establishment time and in accordance with the conditions and terms as specified in the contract.Bank’s Signature & StampFORM OF DOWN PAYMENT GUARANTEEFORM OF DOWN PAYMENT GUARANTEE(ON BANK LETTER HEAD)M/S. Qatar National Cement Co. (Q.S.C)P.O Box 1333, Doha, State of QatarSubject : Advance/Down Payment GuaranteeGreetings,By this irrevocable Guarantee, ………….., State of Qatar , incorporated under the laws of State of Qatar (herein after called surety) , pursuant to the execution and completion of contract for Implementation of Refractory Installation Works in QNCC Cement Plants Kilns at Umm-Bab, State of Qatar, as dated ……………….by and between Qatar National Cement Co., Q.S.C. (herein after called the OWNER) and M/S …………………….. (herein after called the CONTRACTOR), this down payment guarantee to bind ourselves and our successors and assigns both jointly as well severally to pay irrevocably and unconditionally on demand by the OWNER and without any recourse to the CONTRACTOR or any third party, to the extent amount of QAR/USD……….being Advance/down payment amount equivalent to 15% of the contract total lump sum price . Against simple written request of OWNER indicating that CONTRACTOR is in default and the OWNER demands the amount to be paid by surety.The gurantee shall come in force on effecting receipt of advance/down payment amount and shall be valid until the amount of this advance payment guarantee is fully recovered and issuance of provisional acceptance certificate as defined in the Contract.Bank’s Signature & StampFORM OF QUALIFICATIONS AND EXCEPTIONSAND EXCEPTIONSFORM OF QUALIFICATIONS/ EXCEPTIONS(ON TENDERER / BIDDER LETTER HEAD)We have following exceptions/qualifications on the above tender bid.SN.NarrationAmount (+, -)Time ( +, -)12345Total Tenderer/Bidder’s Name & SigntureDate …....………………………………………… ………………..Seal GENERAL CONDITION OF CONTRACTGENERAL CONDITIONS OF CONTRACTDEFINITIONS AND INTERPRETATIONDefinitionsIn this part/section the following expressions shall have the meanings prescribed to them hereunder except where the context otherwise requires.“CONTRACT” shall mean the Form of Agreement dated 00 the of Month year entered into between the OWNER/QNCC and the CONTRACTOR for the provision of the Scope of Work attached thereof, and described in the tender document, as may be amended from time to time.“CONTRACTOR” means CONTRACTOR OR his lawful assignee or successor.“CONTRACT DOCUMENTS” means the documents annexed to which is an integral part of the Contract and shall include the General Conditions of Contract the Scope of Work, Specs., Reports, Schedule of Rates and Prices, Letter of Award, Notice to Proceed and all agreed correspondence exchanged between the parties in relation to the Works.“MAINTENANCE/DEFECT LIABILITY PERIOD” shall have the meaning assigned to this term in the MAINTENANCE/DEFECT LIABILITY PERIOD Clause to be contained in the Contract which is covers the default in the professional performance in any part or section work for a period of 12 Month(s) plus Forty Five (45) days following such period.“PROVISIONAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by OWNER/QNCC and delivered to the CONTRACTOR stating that Refractory Installation Works have been substantially completed in accordance with the terms and conditions as set out in the Contract.“FINAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by OWNER/QNCC and delivered to the CONTRACTOR stating that all Refractory Installation Works are succesfuly completed and passed the 12 months of Maintenance/ Defect Liability Period plus 45 days with no defect with the Terms and Condition in the contract.“CONTRACT TOTAL PRICE” means the final total price agreed and signed by both parties: CONTRACTOR & OWNER/QNCC.“PARTIES” means the OWNER/QNCC and CONTRACTOR.“SCOPE OF WORK” means the Refractory Installation Works to be executed by the CONTRACTOR as described under Scope of Work.VALIDITY OF CONTRACT AND DURATION FOR COMPLETION OF THE SCOPE OF WORK.1.2.1The Contract shall come into force upon the CONTRACTOR receipt of notice to proceed letter issued by the OWNER/QNCC for the commencement the execution of the Refractory Installation Works after the Signing of the Contract by the two parties .1.2.2The Refractory Installation Works shall commence and be completed in accordance with the time schedule contained in the Contract.1.2.3There shall occur no extensions to the period for completion of the Work unless the Contract defined execution period by the CONTRACTOR is extended with the consent of the OWNER/QNCC in which case the corresponding extension shall be granted to OWNER/QNCC provided such extension is required due to the default of the OWNER/QNCC or the CONTRACTOR or for reasons as stated in the Contract.1.2.4Terms defined in the Contract shall where applicable have the same meanings used herein unless the context requires otherwise.SCOPE OF WORKThe CONTRACTOR shall undertake to execute the Work in accordance with the terms and conditions as set out in the Contract.CONTRACTOR’S FACILITIES AND TOOLSFacilities Required During the Execution PeriodDuring the execution period of Contract, the CONTRACTOR should arrange the necessary accommodation for the provided manpower on his own cost.Costs of Accommodation and Transportation will be charged on the account of the Contractor Equipment and MaterialsSpecialized equipment and materials furnished by the OWNER/QNCC to the CONTRACTOR or purchased by the OWNER/QNCC for the CONTRACTOR with funds wholly supplied or reimbursed by the OWNER/QNCC shall be the property of the OWNER/QNCC and shall be so marked for identification purposes by the CONTRACTOR and/or the OWNER/QNCC. The CONTRACTOR shall be responsible for ensuring that any such equipment and materials provided by the OWNER/QNCC are maintained by it in good condition.Disposal of Equipment and MaterialsUpon completion or termination of the Scope of Reafractory Installation Works, the CONTRACTOR shall furnish to the OWNER/QNCC inventories of the equipment and materials supplied to it by the OWNER/QNCC, which are to be disposed or an deliver the equipment to the OWNER/QNCC and dispose of any unwanted materials as directed by the OWNER/QNCC.Site PersonnelAll persons/manpower working for the CONTRACTOR shall be under his direct employment/sponsership and supervision.TIME SCHEDULE FOR COMPLETIONThe Time Schedule for completion of all the Refractory Installation Works shall be agreed and annexed to the Contract.CONTRACT LUM SUM PRICE PAYABLE TO THE CONTRACTORThe Contract Lump Sum Price payable to the CONTRACTOR for the provision and completion of the Scope of Work shall be allocated and payable in respect of the different stages of the Scope of Work as provided hereunder.Contract lump sum price for Modified Replacement and Installation WorksWhere additional work are necessary due to changes within the Scope of Reafractory Installation Works requested by the OWNER/QNCC an additional price to be mutually agreed upon by the OWNER/QNCC and the CONTRACTOR shall be granted to the CONTRACTOR.The basis for the additional price shall be agreed to in writing between the OWNER/QNCC and the CONTRACTOR prior to the commencement of provision of the additional work.Inclusive Contract Lump Sum PriceThe Contract Lump Sum Price payable to the CONTRACTOR shall include all cost, overhead, profits, taxes, charges, payments to his sub-contractors and all costs and expenses of whatsoever nature for the performance and completion of the Scope of Work pursuant to the terms of the Contract.The CONTRACTOR signing the Contract confirms that he is aware of all other cost or charges to be incurred and which are necessary for it to carry out and complete the Scope of Work required under the Contract.No claim will be accepted by the OWNER/QNCC from the CONTRACTOR due to the CONTRACTOR’s lack of knowledge in respect of any matter affecting the level or adequacy of the Contract Lump Sum Prices payable to the CONTRACTOR pursuant to the terms of the Contract.PAYMENT TERMS6.1 The Tenderer/Bidder shall submit his tender offer on the basis of 15 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:6.1.1 15% (Fifteen) percent of the Contract lump sum price will be paid to the CONTRACTOR as down payment against submission of a bank guarantee of the same value in favour of the OWNER/QNCC by the CONTARCTOR. 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/QNCC” and it’s validity will commence from the date of remittance of the same amount of this down payment to the CONTRACTOR’s account and shall expire after the Provisional Acceptance Certificate.6.1.2 85% (Eighty Five) percent the remaining Contract total lump sum price would be paid on the actual executed works as approved by the OWNER/QNCC within 30(Thirty) days after invoicing receipt date by the OWNER/QNCC and as per “Mode of payment” shall be agreed between the both parties before awarding the tender6.1.3 The payment scheme is valid in the assumption that the progress of the Refractory Installation Works by the CONTRACTOR in the execution of all Refractory Installation Works in accordance with the Contract time schedule.6.1.4Should the Refractory Installation Works or part of it be delayed for any reasons beyond control, the payments would be made at the relevant dates specified in the original Contract time schedule.6.1.5 All invoices should be submitted by the CONTRACTOR certified and approel by the OWNER/QNCC.6.1.6 All payments shall be made out by the bank transfer to the account of the CONTRACTOR will be provided by the later at the time of signing of the Contract.6.2 Down Payment Bond/GuaranteeThe CONTRACTOR shall issue a Down Payment Guarantee in an amount equivalent to the advance payment amount, through a first class reputable Bank operated in Qatar acceptable to the OWNER/QNCC. This guarantee will be issued at the signature of the Contract, and shall be valid until the amount of the Advance Payment is fully recovered and released against issuance of Provisional Acceptance Certificate.6.3 Performance BondPerformance/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 before signing of the Contract and will be released after expiry of 12 (twelve) months of the Maintenance/Defect Liability period plus (45) days commencement from the date of issuance of the Provisional Acceptance Certificate.CURRENCYThe Contract Price payable to CONTRACTOR shall be calculated and paid in QAR or USD. There shall be no adjustment to the Contract Price due to fluctuations and variations of rates of exchange between the Qatari Riyals and any other foreign currency.LIQUIDATED DAMAGES FOR DELAYSFor Late Completion:Should CONTRACTOR fail to execute or complete the required refractory installation work within the contractual completion time as defined in the contract and should the start-up be deferred due exclusively to such delay, the OWNER/QNCC shall be entitled to receive/impose liquidated damages amount of Qr. 3000 of each day or part of day of such delay up to a maximum of 10% of the contract lump sum total price as defined in Clause No. 12 mentioned in Form of Agreement.FORCE MAJEUREPaymentIf at any time before the completion of the Scope of Work under the Contract any part of the Works shall be damages or destroyed as a consequence of Force Majeure, as defined in Clause8.3 (Default) hereof, occurring within the State of Qatar beyond the control of CONTRACTOR and form unforeseen cause, CONTRACTOR will receive the proportionate payment for any additional refractory installation works which may be requires to be completed only by him as a result of such damage or destruction.Circumstances Beyond ControlAny 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.DefaultNeither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions, revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards, extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring within the State of Qatar which is beyond the control of the parties, unavoidable which could not reasonably be foreseen and which renders impossible the fulfillment of the Contract.Delays in PerformanceIf the performance of any obligations or responsibilities of any Party is delayed for more than 30(Thirty) days, the term of this Contract shall either be extended for such period or the Contract may be terminated at the OWNER/QNCC’s choice. In the event that the performance of the Works is prevented in whole or in part due to an occurrence referred to in Clause8.3 (Default) hereof, then the OWNER/QNCC shall have the option at any time after the commencement of such occurrence to terminate the Contract by giving written notice to CONTRACTOR. The payment on termination shall be assessed as the reasonable and actual cost incurred by CONTRACTOR to demobilize those staff whose works are related to the Scope of Work.5. Notice of TerminationIf a termination notice is given as a result of Force Majeure as per Clause 9.3 (Default) above, the termination shall become effective upon receipt by CONTRACTOR of the OWNER/QNCC’s notice to terminate.9. TERMINATION OF THE CONTRACTShould CONTRACTOR fail for more than 30 (Thirty) 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 Work except in the case of Force Majeure, the OWNER/QNCC shall have the right to terminate immediately the Contract.10. CONFIDENTIALITY10.1CONTRACTOR 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/QNCC. CONTRACTOR shall ensure that its personnel and sub-contractors enter into similar confidentiality undertakings towards the OWNER/QNCC.10.2Documents shall remain the property of the OWNER/QNCC10.3All Documents prepared by CONTRACTOR for the works or provided to him by the OWNER/QNCC shall remain confidential. during the contract execution period, the drawings shall remain in the sole custody of Owner/QNCC.RMATION REQUIREMENTS11.1CONTRACTOR shall submit the following information to the OWNER/QNCC, at such regular interval as are appropriate:All communications, which:State or indicate the possibility of an intention to claim additional time or money.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/QNCC or may require action by him.Programme and Schedules as follows:All programmes and schedules of information requirements from the OWNER/QNCC to CONTRACTOR and vice versa.All interim or stage programmes issued by the OWNER/QNCC.Monthly Refractory Installation Works status reports, which must include statements on :[Progress of Works.Performance of the CONTRACTOR’S manpower in particular with regard to non-compliance with all such duties and obligations as are contained in the Contract and the Specifications.Quality of the Works.Supply or delivery problems and action taken.Any work variation to the Contract period or Contract price with financial details and any reasons which indicate, in view of CONTRACTOR, that these are likely to be varied in the future.Full details of the CONTRACTOR’S manpower maintained on the site, calculated and reported on a monthly basis.11.2VariationsCONTRACTOR shall clearly identify any Variation Orders as being issued one of the following categories:Variations which alter, amend or delete items contained in the Contract and which Variation does not alter the Scope of Work, is not charged against contingencies and which does not increase the Contract Value;Variations which will increase the Contract Value and will require the commitment of additional fundsVariations which are charged against contingencies as per Clause 12.4 hereunder.11.3Handling Over 12.3.1When CONTRACTOR shall determine that a part or all of the refractory installation works has been completed and is acceptable for use by the OWNER/QNCC then CONTRACTOR shall give sufficient prior written notice to the OWNER/QNCC that such refractory installation work or part is substantially completed and is ready for handing over and OWNER/QNCC shall check and approve the and if accepted the OWNER/QNCC will issue the Provisional Acceptance Certificate as per applicable Clause (PROVISIONAL ACCEPTANCE CERTIFICATE) of the Contract recommending acceptance by the OWNER/QNCC.11.4Contractor’s ManpowerCONTRACTOR shall provide all the requirement of specialized manpower having experience in Cement Plant kilns refractory installation works in the OWNER/QNCC Cement Plants Nos.2,3 and 4 at Ummbab, State of Qatar for the execution of all refractory installation works defined in the contract. The qualifications and experience of all provided manpower categories should be approved by the OWNER/QNCC prior to their recruitment by the CONTRACTOR to the site.11.5Replacement of Recruited Manpower by ContractorCONTRACTOR shall not replace the povided manpower subject to this contract without first obtaining the prior written approval of the OWNER/QNCC. Any request to replace the provided manpower to the site shall be accompanied by the curriculum vitae of the proposed new manpower and an undertaking that such change of manpower categories neither inconveniences the OWNER/QNCC nor causes to the OWNER/QNCC any delay or extra costs.12.ASSIGNMENTCONTRACTOR 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/QNCC. However, CONTRACTOR shall be entitled at any time to take into partnership another partner or partners (or directors) and he or they shall be deemed to be included in the expression “CONTRACTOR”.13.TAXESCONTRACTOR 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 mutually discussed in order to adapt the contractual price accordingly.14.VISA AND PERMITSCONTRACTOR shall be responsible for the fees for obtaining all visas and permits required in the performance of the Contract. The OWNER/QNCC shall be responsible in obtaining such visas and permits.15.OWNER/QNCC’s RESPONSIBILITY15.1Information to CONTRACTORThe OWNER/QNCC shall furnish all pertinent data and information available to it and shall give such assistance as shall reasonably be required by CONTRACTOR for performing its duties and discharging its obligations under the Contract.15.2 DecisionsThe OWNER/QNCC shall give its decisions on all sketches, drawings, report recommendations and other matters properly referred to it by CONTRACTOR in writing and in reasonable time so as not to delay the performance by CONTRACTOR of the Scope of Works under this Contract.15.3Food and Water The OWNER/QNCC shall maintain for all the manpower food, water free of charge.15.4Provide consumables such as electrodes, Diesel Electricity for welding, Provide air supply, power supply and refilling Oxyacetylene and oxygen cylinders.16.CONTRACTOR’S RESPONSIBILITY16.1Supply trained direct and indirect manpower list needed; Engineer, Foreman, mason, Scaffolders, demolishers, welders with experience in cement to execute the required refractory installation work. 16.2 Responsible for the supervision on his supplied manpower during the execution and completion period of the Contract. 16.2Provide Medical and Accidental Insurance.16.3Providing Visa Arrangement, immigration fee and other convinience cost for manpower.16.4Covering of all workers salaries, wages and workers compensations.16.5Cost of personnel air flights, visas as well as internal transportation to and from the sites.16.6Obligate his manpower to follow the discipline, Safety and rules of the OWNER/QNCC.16.7Responsible for safety of his people working (Manpower) at sites.16.8 Responsible for compensation of his manpower for any damagees occur to them or the theft or loss of his equiment.16.9Issue the necessary insurance cover for this manpower @ site work as per the concermed Qatari Competent Laws & incompliance with Qatari Labor Law. 16.10 Provide the site work with sefety representative, sefety equipments and unifom for his manpower.17.OWNER/QNCC’S APPROVALThe OWNER/QNCC’s specific approval in writing shall be required by CONTRACTOR prior to the following:Assignment or subletting by the CONTRACTOR of any part of the refractory Installation Works.Any direct instructions by CONTRACTOR imposing to its provided manpower a method of working different to that stated in the Contract or modifying the accepted method included and agreed at Tender Stage.18. SCOPE OF LIABILITY OF CONTRACTOR18.1 Errors and OmissionCONTRACTOR is liable for all the detrimental consequences of its recommendation, negligent acts, errors and omissions on its part or on the other parts of its employees, sub-Consultants, agents or assignees in discharge of its contractual obligation under this Contract.CONTRACTOR’S Manpower shall execute the works in accordance with all the requirements and criteria in the contract and in accordance with standards of care and diligence generally practice and expected by Contracting Firms possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.18.2 DefectsCONTRACTOR, at his own expense, carry out any alterations or remedial maintenance work necessitated by reason of such errors and omissions for which he is responsible and modify the drawings and information accordingly.18.3 LimitationIt is also understood that CONTRACTOR has no responsibility of fulfilling any obligations out of the obligations defined in this Contract.18.4 Insurance CoverWithout prior prejudice to article 20.4,CONTRACTOR shall take all insurance for his own providied manpower at site (such as medical, life, accident, workmen compensation etc.) in accordance with the Qatari laws and regulations of the State of Qatar.Such certificate and policies shall be issued by a reputed insurance company operating in the stste of Qatar.18.5 Violation of Rights of Third PartiesCONTRACTOR shall be responsible for violation of the rights of third parties unless he has not been given correct information concerning these provision or rights or that he has brought to the notice of the OWNER/QNCC such liability beforehand.18.6 Contracts by ContractorCONTRACTOR shall collect all the necessary information required for the execution and discharge of its obligation and services as stated under this Agreement and shall initiate and activate all necessary contracts for this purpose. The OWNER/QNCC shall assist in facilitating when possible.19.DEFECT LIABILITY/MAINTENANCE PERIODDefect liability/Maintenance period means the respective period covering any defect/defualt in the refractory installation work executed and done by the CONTRACTOR’S manpower and such period is starting from the date of provisional acceptance certificate for a period of 12 (twelve) months and ended after forty five(45) days from the date of issuance of Final Acceptance Certificate by the QNCC/OWNER.20.NOTICESAll 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 transmissionBy e-mail transmission confirmed by fax or express courierBy express courier or telegram transmissionAt the specific designation of the Parties set forth in the Form of Agreement.21.LANGUAGE OF THE CONTRACTThe language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence, General Conditions of Contract etc. shall be in the Englishlanguage. In case of these Contract documents being translated into ArabicText for the benefit of any regulatory body in the State of Qatar and will arise a conflict between the English and Arabic text, the English text shall prevail.22.SETTLEMENT OF DISPUTES AND APPLICABLE LAWS22.1Settlement of DisputesIn case of any dispute arising between the CONTRACTOR and the OWNER/QNCC, the parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 90 days of its arising, the same shall be referred to the Qatari Court(s).22.2 Applicable LawApplicable law shall be Qatari Law.25.3 Works to ContinuePerformance of the Contract shall continue during judicial proceedings unless the OWNER/QNCC 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/QNCC shall be withheld on account of pending reference to the Qatari Competent Court(s). ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download