PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ......

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PUBLIC TENDER NO.:GTNO. 12/17 To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”. ___________________________________________________________ Tender Documents 1 CONSULTANCY SERVICES (TENDER DOCUMENTS) Table of Contents Subject No of Pages Part-1 Instructions to Tenderers 03-06 Tender General Conditions 07-11 Letter of Acknowledgement 12-13 Format of Tender Form and its Annexures-if any 14-24 Format of Schedule of the Rates & Total Fixed Fees (Annexure - A) Format of Schedule of the Rates & Total Fixed Fees (Annexure- B) (Attachments to Tender Form ) Format of Memorandum of Procedures (Annexure C) Format of Qualifications & Exceptions on the Tender Documents(Annexure D) Format of Tender Bond 25-26 Part-2 Location Conditions of the Project Site 28-30 Scope of the Tender (SOT), Equipment Data Sheets & Drawings 31-33 Part-3 Format of Bank Performance Bond 35-36 Form of Agreement 37-41 General Conditions of Contract 42-56 Format of Advance/Down Payment Guarantee 57-58

Transcript of PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ......

Page 1: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 1 CONSULTANCY SERVICES

(TENDER DOCUMENTS)

Table of Contents

Subject No of Pages

Part-1

Instructions to Tenderers 03-06

Tender General Conditions 07-11

Letter of Acknowledgement 12-13

Format of Tender Form and its Annexures-if any 14-24

Format of Schedule of the Rates & Total Fixed Fees (Annexure - A)

Format of Schedule of the Rates & Total Fixed Fees (Annexure- B) (Attachments to Tender Form)

Format of Memorandum of Procedures (Annexure C)

Format of Qualifications & Exceptions on the Tender Documents(Annexure D)

Format of Tender Bond 25-26

Part-2

Location Conditions of the Project Site 28-30

Scope of the Tender (SOT), Equipment Data Sheets & Drawings 31-33

Part-3 Format of Bank Performance Bond 35-36

Form of Agreement 37-41

General Conditions of Contract 42-56

Format of Advance/Down Payment Guarantee 57-58

Page 2: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 2 CONSULTANCY SERVICES

Part-1

Instructions to Tenderers 03-06

Tender General Conditions 07-11

Letter of Acknowledgement 12-13

Format of Tender Form and its Annexures-if any 14-24

Format of Schedule of the Rates & Total Fixed Fees (Annexure - A)

Format of Schedule of the Rates & Total Fixed Fees (Annexure- B) (Attachments to Tender Form)

Format of Memorandum of Procedures (Annexure C)

Format of Qualifications & Exceptions on the Tender Documents(Annexure D)

Format of Tender Bond 25-26

Page 3: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 3 CONSULTANCY SERVICES

INSTRUCTION TO TENDERERS

Page 4: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 4 CONSULTANCY SERVICES

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

Instructions to Tenderers

Tender General Conditions

Letter of Acknowledgement

Format of Tender Form and their Annexures (A, B, C & D)

Format of Tender Bond

Part-2

Local Condition of The Project Site

Scope of Consultancy Services (SOS)

Part-3 Format of Bank Performance Bond

Form of Agreement

General Conditions of Contract

Format of Advance/Down Payment Guarantee

2. Submission of Tender

2.1 The tenderer/bidder must adhere to the conditions stated in the tender documents, and write the total fixed lump sum

remuneration amount on the Format of “TENDER FORM” along-with its Annexures (Format of Schedules of the Fixed

Fees and Total Remuneration Amount-Annexures-A & B covering the complete Tender’s “SCOPE OF CONSULTANCY

SERVICES” duly filled on their company’s letter head in accordance with the provisions of these documents and Format

of Memorandum of Procedures Annexure-C and Format of Qualifications & Exceptions Annexure-D. Any “TENDER

OFFER” that does not comply with these provisions shall be considered null and void.

2.2 Should there be any comments, qualifications, reservations or amendments, alterations to specifications or conditions

they must be stated in a separate letter attached to this tender offer and indicated on the enclosed “TENDER OFFER”.

2.3 “TENDER OFFER”must be submitted in (3) three separate wax-sealed envelopes with the information fill out on the

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

Page 5: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 5 CONSULTANCY SERVICES

a) Tender Bond Envelope

b) Technical Offer Envelope (submitted in original plus two additional copies)

c) Commercial Offer Envelope (submitted in original plus two additional copies)

The envelope (a) and (b) should have no bearing of prices anywhere. The three (3) separate envelopes

must be placed into an outer sealed envelope clearly marked on the cover the Number of Tender, Name of

Tenderer, Submission Date, Closing Date of tender and the Title of Tender .

2.4 Alternate Options:The “TENDERER/BIDDER” may submit alternative “TENDER OFFER” in addition

to the original “TENDER OFFER” and should the tender documents so stipulate and if the

“TENDERER/BIDDER” deems it to be in the interest of the “SCOPE OF CONSULTANCY SERVICES” or

financially or with respect to execution 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 The “TENDERER/BIDDER” must include the following in duly filled in his “TENDER OFFER”:

A proposed tentative execution period of the “CONSULTANCY SERVICES CONTRACT”, the shortage possible execution

period will be considered at time of conduct technical & commercil evaluation of submitted “TENDER OFFERS” in this

“PUBLIC TENDER”.

a) Each page of these “TENDER DOCUMENTS” shall be initialed by the tenderer’s duly authorised person to

represent bind and stamped by the “TENDERER/BIDDER” as token of his acceptance.

b) The “TENDERER/BIDDER” should express that he has no objection to enter into a final contract based

substantially upon the content of the “CONSULTANCY SERVICES CONTRACT”, Tender’s General Conditions and

General Conditions of Contract described in these “TENDER DOCUMENTS” and any others subsequent

documents agreed and approved by signing the final Contract.

c) Unit prices Schedule

d) The “TENDERER/BIDDER”shall submit copy of annual accounts duly audited by professional certified

accountants for three years preceding.

e) The “TENDERER/BIDDER”shall submit a current copy of his Commercial Register along with a current copy of

the “TENDERER/BIDDER”S”company computer card or any similar legal & government documents attested in

his country.

3. Filling of tender formats/Corrections & Adjustment of Errors

3.1 No erasures, alteration or additions shall be made by “TENDERER/BIDDER” to the “TENDER DOCUMENTS’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 these “TENDER DOCUMENTS”, it must be signed and stamped by the

“TENDER DOCUMENTS” company/establishment .

Page 6: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 6 CONSULTANCY SERVICES

3.3 Prices and their particulars must be typed written or written in ink and shall not be written in pencil. All pages of

these “TENDER DOCUMENTS”especially those containing the total prices and their term must have the stamp of the

“TENDERER/BIDDER”S”company/establishment affixed to them.

3.4 The tenderer shall submit his tender offer in Qatari Riyals or US. Dollar. The related schedules of the Rates and Prices

and all other monetary statements in connection with the tender are to be in Qatari Riyals or in US. Dollar.

3.5 The name of the authorized person signing must be typed written or printed below signature. The official stamp of the

tenderer must be fixed.

3.6 In case of any differences, ambiguity or discrepancy between the original and other copies of the tender offer, 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 as per Sub-Section 4.2 below in writing, quoting tender number and title.

4.1 Tendered’s query should reach the address mentioned below within Ten (10) days before the closing date. Queries

raised therafter may be ignored.

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

Chairman of Tender & Procurement Committee Qatar National Cement Co. (Q.P.S.C.)

P.O. Box 1333, Doha, State of Qatar

Tele (00974) 4469 3800, Fax (00974) 4469 3900

E-mail: [email protected]

And to be submitted directly to: Office of the General Secretary of the Tender & Pro. Committee

New Administration Office @ Umm-Bab, State of Qatar

Tele. No. (00974) 4471 2880 Ext. 1542

Fax No. (00974) 4471 2585

E-mail: [email protected]

Closing Date: Sunday, January 28, 2018, Before or on @ 12:00 Noon The tender offer must be handed over to the Tender and Procurement Committee’s General Secretary before being

deposited in the respective tender box No. 2. The Tender and Procurement Committee’s General Secretary will issue a

tender offer receipt against each received tender offer, indicating the time and date of receipt.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 7 CONSULTANCY SERVICES

TENDER GENERAL CONDITIONS

Page 8: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 8 CONSULTANCY SERVICES

TENDER GENERAL CONDITIONS

1. BRIEF MEANING

1.1 TENDERER/BIDDER means any legal entity who has collected the tender documents and is in agreement with the conditions, “SCOPE OF TENDER”, tender general conditions, “CONSULTANCY SERVICES CONTRACT’S” terms and conditions and others relevant documents described in these “TENDER DOCUMENTS”, abiding by them and quoting/bidding in accordance with them. It will be referred in the “CONSULTANCY SERVICES CONTRACT” as the “CONSULTANT”.

1.2 QNCC means QATAR NATIONAL CEMENT COMPANY (Q.P.S.C.) P.O. Box 1333, Doha, State of Qatar, its Cement Plants premises located at Umm-Bab, will be referred in this CONSULTANCY SERVICES CONTRACT as “OWNER” who announced this “PUBLIC TENDER” No.:(GTNO 12/17) for the required “SCOPE OF CONSULTANCY

SERVICES” and shall referred in the “CONSTRUCTION CONTRACT” of the “PROJECT” as the “OWNER”. 1.3 SCOPE OF CONSULTANCY SERVICES for which is required to prepare the engineering designs, drawings, final and

complete Tender Packege by the “CONSULTANT” and approved by the “OWNER” to release a new Tender for assigning

the “CONSTRUCTION CONTRACT” of the “PROJECT”.

1.4 “PROJECT” for which “QNCC/OWNER” is required to provide the “SCOPE OF CONSULTANCY SERVICES”subject of this

“PUBLIC TENDER” No.:(GTNO 12/17) to be a reality on the ground for an industrial environment friendly to Human, animals and the nature, which is for “Converting Electrostatic Precipitators (ESPs) in five (5) different locations in its Cement Plants Nos. (2, 3 & 4) @ UmmBab, State of Qatar, to Bag Houses type dust collector, and includes providing of the “SUPERVISION SERVICES” on the “CONTRACTOR” execution of the “PROJECT’S” CONSTRUCTION WORKS” at Umm.Bab Site, and that’s at the time of awarding the particular “TENDER” will be released for the Construction of the said “PROJECT” specified under this Public Tender No.:(GTNO 12/17) based on the Tender Documents(Package) will be

provided by the “CONSULTANT” to the“OWNER” for the adoption to release the Tender for implementation of the

“PROJECT’S” Construction Works.

1.5 VARIATION ORDERS means an appendix or appendices to these conditions of the Contract which specify any amendments including variations to any part of this contract which maybe mutually agreed upon between the parties after the signing of this “CONSULTANCY SERVICES CONTRACT”.

1.6 INTEGRAL CONDITIONS TO CONTRACT means the “SCOPE OF CONSULTANCY SERVICES”, Particular Terms, Tender

General Conditions and any annexes, appendices, schedules annexed thereto, if any or subsequently issued.

1.7 CONSULTANCY SERVICES CONTRACT means the agreement to be signed between “QNCC” will be named in the

Contract as the “OWNER” and the successful Tenderer/Bidder of this Public Tender No.:(GTNO 12/17)will be named in the Contract as the “CONSULTANT” to provide the “OWNER” with “SCOPE OF CONSULTANCY SERVICES” requested within the period will be agreed in the “CONSULTANCY SERVICES CONTRACT”.

1.8 INSURANCE COVER means the necessary insurance policies coverage shall be provided from the“CONSULTANT” and submit to the “OWNER” for the purpose of performing the “CONSULTANCY SERVICES” as mentioned in the General Conditions of the Contract Sub-Section No. 24.5.

1.9 PROJECT’S DOCUMENTATIONS & DRAWINGS for which the “CONSULTANT” will be prepared and provided by him to float a Tender by “QNCC” for construction of the “PROJECT” including engineering design, drawings, specifications and contractual terms and conditions of the “CONSTRUCTION CONTRACT” of the “PROJECT”.

1.10 SUB-CONSULTANT means any person/s (other than the CONSULTANT) named in the “CONSULTANCY SERVICES

CONTRACT” to provide of any part of “SCOPE OF CONSULTANCY SERVICES” under this Contract or any person to whom any part of the Contract has been sub-let with the written consent by the “OWNER”.

Page 9: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 9 CONSULTANCY SERVICES

2. VALIDITY OF TENDER

The “TENDER OFFER” must remain valid for the acceptance for a period of 90 days commencement from the closing date of this Public Tender.

3. TENDER BOND

3.1 TENDER BOND shall be enclosed with the “TENDER OFFER” in the form of bank guarantee issued by one of the first class reputable bank operating in the State of Qatar or any other Bank acceptable by “QNCC” amounting of QAR 150,000/=(Qatar Riyals only One Hundred Fifty Thousand) or equivalent in US Dollars. It must be unconditional and valid for (120) days commencing from the closing date of this “PUBLIC TENDER”No.:(GTNO 12/17). “QNCC” Tender and Procurement Committee reserves the right to exclude any “TENDER OFFER” which does not include the required “TENDER BOND”.

3.2 Upon signing the “CONSULTANCY SERVICES CONTRACT” from the “QNCC/OWNER” and the successful “TENDERER/BIDDER” of this “PUBLIC TENDER” No.:(GTNO 12/17) original “TENDER BOND” bank guarantee belonging to the unsuccessful “TENDERERS/BIDDERS” shall be returned directly to the concered banks which had issued such guarantees and then to notify the unsuccessful “TENDERS/BIDDERS” in accordingly.

3.3 TENDERER/BIDDER may not withdraw his “TENDER OFFER” or amend his offered prices after the closing date of the Tender. In the event of his withdrawal of his “TENDER OFFER”, his tender bond would stand forfeited.

4. PERFORMANCE BOND

The Successful “TENDERER/BIDDER” shall submit bank letter of guarantee/performance bond as per the format provided in these “TENDER DOCUMENTS” amounting equal to 10% (ten percent) of total “CONSULTANCY SERVICES

CONTRACT” fixed lump sum remuneration amount with effective from the date of signing the “CONSULTANCY

SERVICES CONTRACT” and to be issued by a first class reputable bank operating in the State of Qatar acceptable to “QNCC/the OWNER”. The validity of this bank performance bond to be expired when the “FINAL ACCEPTANCE

CERTITFICATE(FAC)” of the “PROJECT” issued by “QNCC/the OWNER” to the “CONTRACTOR”. The said guarantee is covering any default or failure in the provided Services or any breaching from the “CONSULTANT’S” contractual obligations under the “CONSULTANCY SERVICES CONTRACT” during such period, the percentage of this guarantee will reduce to be 5% (Five Perecnt) only when the “PROVISIONAL ACCEPTANCE CERTIFICATE (PAC) of the “PROJECT” issued by“QNCC/the OWNER” to the “CONTRACTOR”.

5. ADVANCE/DOWN PAYMENT GUARANTEE

SUCCESSFUL TENDERER/CONTRACTOR shall submit bank letter of guarantee as per the form provided in these tender documents amounting to 10% (ten percent) of the total fixed lump sum remuneration amount for implemention & completion of “PRE-CONSULTANCY SERVICES” as speified under Stage#1, the guarantee should be issued by a first class reputable bank operating in the State of Qatar acceptable to the “OWNER” and its validity period should the implementation and completion fixed period of complete “PRE-CONSULTANCY SERVICES” after the

“OWNER’S” cetifying of his acceptance that the “PRE-CONSULTANCY SERVICES” completed successfully.

6. EXAMINATION OF TENDER DOCUMENTS/EXPENSES OF TENDERING/SITE CONDITION/SITE VISIT

QNCC will neither be responsible for any expenses nor losses which may be incurred by any “TENDERER/BIDDER” either in the preparation of his “TENDER OFFER” or in any way whatsoever arising out of the invitation and elaboration of “TENDER OFFER”for the required services subject to this “PUBLIC TENDER”.

6.1 “TENDERERS/BIDDERS” are advised to examine and thoroughly acquaint themselves with the contents of these “TENDER

DOCUMENTS” and take all further steps necessary to ascertain for themselves, entirely at their own expense, any additional information necessary for submitting his “TENDER OFFER”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 10 CONSULTANCY SERVICES

6.2 Submission of “TENDER OFFER” shall be deemed to indicate that the “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 OFFER”shall deemed to indicate that the “TENDERER/BIDDER” has made himself acquainted & satisfied himself with the prevailing site conditions, circumstances, laws in order to discharge his responsibilities/obligations under these “TENDER DOCUMENTS”.

6.3 “TENDERERS/BIDDERS” at their own expense shall visit the site if necessary and obtain by themselves all information which may be deemed necessary to enable them to submit a fully comprehensive and sufficient “TENDER OFFER”.

6.4 No claim whatsoever will be entertained arising out of the “TENDERER/BIDDER’S” failure to study local conditions, laws, duties and taxes as well as specifications, existing facilities etc or to obtain reliable information in respect of services or otherwise.

7. Each “TENDERER/BIDDER” must demonstrate, that he and his personnel/team had previously executed and accomplished other similar Consultancy Services, together with evidence that they successfully provided & completed in the satisfaction of their other Client(s).

8. QNCC RIGHTS AFTER RECEIVING OF TENDER OFFER(S)

8.1 “QNCC” is not committed to accept any “TENDER OFFER” (s) with the least price.

8.2 “QNCC” has the right to cancel this “PUBLIC TENDER” No.: (GTN 12/17) without giving any reason(s) and has the right to

increase or decrease the services by 20% of the Contract value according to its same conditions & agreed total fixed lump sum remuneration amount.

8.3 “QNCC” shall have the right to exclude “TENDER OFFER”(s) who are not conforming to conditions of this “PUBLIC

TENDER” and/or “TENDER OFFER”(S) that are submitted after the closing date and/or submitted without the “TENDER

BOND”.

9. CORRESPONDENCE/NOTICES

Shall be done by the “TENDERER/BIDDER”(s) on the address of ”QNCC” stipulated elsewhere giving “PUBLIC

TENDER” Number, Title of Tender. All Invoices/notices should mention the Tender Number, Title of Tender.

9.1 ”QNCC”shall issue/send correspondence/notices to the Representative of the “TENDERER/BIDDER”(s) as provided in their “TENDER OFFERS” submitted in this “PUBLIC TENDER” No.: (GTN 12/17).

9.2 ”QNCC”and “TENDERER/BIDDER”(s) shall immediately notify each other incase of any change in such address for any

reason whatsoever.

10. CONSULTANCY SERVICES CONTRACT

10.1 The winner/successful “TENDERER/BIDDER” shall enter in a Contract with ”QNCC”outlining the conditions as

enumerated in theses “TENDER DOCUMENTS” and with the Contract total fixed remuneration amount and additional conditions as agreed by the Parties of Contract.

10.2 The “CONSULTANCY SERVICES CONTRACT” will be drawn up in three originals duly signed by the authorized signatories and stamped by official seal of either party to Contract. the“CONSULTANT”will receive one original Contract.

10.3 The “CONSULTANCY SERVICES CONTRACT” shall be binding on the successor(s) in the event of change in the Company Ownership of either Party.

11. It is understood that each “TENDERER/BIDDER(s)” by submission of his tender offer in this “PUBLIC

TENDER” No.: GTNO 12/17 that he/they accepted the awarding of the Tender on partial basis without any objection from them.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 11 CONSULTANCY SERVICES

12. ASSIGNMENT AND SUB-CONSULTANT

The “CONSULTANT” shall provide the “SCOPE OF CONSULTANCY SERVICES” under the “CONSULTANCY SERVICES

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 thereof, the “CONSULTANT”shall guarantee the proper accomplishment 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 they were the acts, defaults or neglects of the “ CONSULTANT”, his agents, servants or workman.

13. THE PAYMENT TERMS

The proposed terms and methods of payments applicable to release the total “CONSULTANCY SERVICES

CONTRACT”fixed lump sum remuneration amount, as per mentioned in Clause no. 8 in General Terms and Conditions of the “CONSULTANCY SERVICES CONTRACT” provided in these “TENDER DOCUMENTS”.

14. MISTAKES & ERRORS

14.1 The “TENDERER/BIDDER” shall be responsible for any discrepancies, errors or omissions in the document(s) and information provided by him, whether they have been approved by “QNCC/OWNER” or not.

14.2 The “TENDERER/BIDDER”(s), however, shall be responsible for any misunderstanding or incorrect information obtained

by him.

14.3 The “TENDERER/BIDDER”(s) shall at his own expense carry out any alterations or remedial services necessitated by

reason of such discrepancies, errors or omissions for which he is responsible and modify the information accordingly, or if the same shall be done by or on behalf of “QNCC/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.

15. SETTLEMENT OF DISPUTES AND APPLICABLE LAW

All disputes shall be settled by Qatari competent court/s in accordance with applicable Qatari Laws. The “TENDERERS/BIDDERS”(s) have to be fully conversant with the laws, regulations and practices prevailing in

State of Qatar.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 12 CONSULTANCY SERVICES

LETTER OF ACKNOWLEDGEMENT

Page 13: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 13 CONSULTANCY SERVICES

LETTER OF ACKNOWLEDGEMENT (ON THE LETTER HEAD OF TENDERER)

Date: ………………… Ref. No.: …………………………….

To: Chairman of Tender and Procurement Committee

Qatar National Cement Company (Q.P.S.C.)

P.O.Box; 1333

Doha, State of Qatar

PUBLIC TENDER No.: GTNO 12/17

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

Dear Sir(s),

We hereby acknowledge acceptance of all terms and conditions set forth in these “TENDER DOCUMENTS”.

We undertake that we will pay the Tender’s fee before the submission of our “TENDER OFFER” on the due

date of this “PUBLIC TENDER”.

_________________________________ __________________

Tenderer/Bidder’s name Date

_________________________________ __________________

Authorize Person’s Name/Signature Date

Stamp/Seal

Page 14: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 14 CONSULTANCY SERVICES

FORM OF TENDER

Page 15: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 15 CONSULTANCY SERVICES

FORMAT OF TENDER FORM

On letter head of “TENDERER/BIDDER”

M/S. QATAR NATIONAL CEMENT CO., (Q.P.S.C.) Date ……….

P.O Box 1333,

Doha, State of Qatar

ATTN. : CHAIRMAN OF TENDER & PROCUREMENT COMMITTEE

SUBJECT: PUBLIC TENDER No.: GTNO 12/17

Gentlemen,

Having examined these “TENDER DOCUMENTS” and having inspected the site and fully acquainted ourselves to the

characteristics of the site, environment there on, responsibilites of the Services required. We undertake “To Provide the

Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab.-State of Qatar, including Supervision on the Construction Contract until issuing the Final

Acceptance Certificate(FAC) of the Project” Subject to the terms & conditions mentioned in the “TENDER DOCUMENTS”

studied/accepted and signed by us herein below the next page. Accordingly, we undertake to provide the consultancy services

required for the named project in these “TENDER DOCUMENTS” subject of this “PUBLIC TENDER” for Total Fixed Lump Sum

Remuneration Amount of QAR or in USD…………………………………………………………………….(In

words.…………………………………………………………………………………………………………………………………)

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

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

…………………………………….. …………..

…………………………………….. …………..

We, hereby undertake that our “TENDER OFFER” are complete in all respects and that any service not expressly stated in these

“TENDER DOCUMENTS” but necessary for the proper providing and completion of services, has been included. We hereby,

undertake that if our “TENDER OFFER” is accepted, we shall proceed with providing of the ‘SCOPE OF CONSULTANCY SERVICES’ in terms

of “TENDER DOCUMENTS” immediately upon written notification by “QNCC”.

We hereby undertake that if this “PUBLIC TENDER” awarded to us, we shall submit bank guarantee/Performance Bond amounting

equal to 10% (ten percent) of the total fixed lump sum remuneration amount for implementation of the Post-Consultancy

Services provided in our “TENDER OFFER” submitted by us to QNCC’s on the closing date of the “PUBLIC TENDER” referred in above

and the said 10% performance bond shall be submitted before signing date of the “CONSTRUCTION CONTRACT” of named “PROJECT”

between “QNCC”/the“OWNER” and the successful “TENDERER/BIDDER”/the “CONTRACTOR” who will implement the “CONSTRUCTION

WORKS” on the site the said “PROJECT”.

Page 16: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 16 CONSULTANCY SERVICES

We further agree that “QNCC”is “ not” committed to accept any “TENDER OFFER” with least price.

We further confirm that we shall abide by our “TENDER OFFER” for ninety (90) days from the closing date of this “PUBLIC

TENDER”and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

We enclose herewith the following documents a) “TENDER BOND” Bank Letter of Guarantee No…………… of QR/USD .………. in favor of “QNCC” and valid for 120 days until

…../……/201 …..;

b) Latest Financial Report of the “TENDERER/BIDDER’S” Company;

c) Others …………………. please specify

d) Local Party who are interested to participate of this “PUBLIC TENDER” and willing to participate, they should submit a letter

of interest on their letter head along-with of a copies of a current commercial register & Computer Card and pay the

Tender’s fee, for the Overseas Interested Parties of this “PUBLIC TENDER” and willing to participate, they should submit a

letter of interest on their letter head accompanied by photocopies of the establishment documents and licenses granted by

the country of incorporation and the names of those authorized signatory in behalf of their Companies/Establisments.

Company Name :……………………………

Address :……………………………

Tel. & Fax :……………………………

Represented by :……………………………

In the capacity :……………………………

Duly authorized to sign on behalf of the “TENDERER/BIDDER”.

Signature : ……………………………

Witness by :……………………………

In the capacity of :……………………………

Address :……………………………

Signature : ……………………………

Date :……………………………

Company Seal : ……………………………

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 17 CONSULTANCY SERVICES

SCHEDULE OF THE FIXED FEES AND PRICES ANNEXURE-A

Page 18: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 18 CONSULTANCY SERVICES

Schedule of Fixed Fees Rate and Total Remuneration Amount

Annexure-A

(TO BE FILL OUT BY THE TENDERER/BIDDER ON HIS LETTER HEAD)

Stage#1: Pre-Consultancy Services as per required in the Scope of Consultancy Services

Sr. No.

Particular’s Services *

Submission Period/Time

Fees Rate Total

Remuneration

01

PREPARING AND SUBMISSION OF BASIC ENGINEERING

DESIGNS ALONG WITH NECESSARY DRAWINGS TO

“QNCC/CLIENT” FOR APPROVAL.

02

PREPARING AND SUBMISSION OF THE “TENDER

DOCUMENTS” FOR THE PRIOR APPROVAL OF

“QNCC/CLIENT” FOR FLOATING THE TENDER TO ASSIGN

THE CONSTRUCTION CONTRACT OF THE PROJECT.

03

TO PROVIDE QNCC DURING TENDERING PERIOD WITH

THE RESPONSES ON THE INQUERIES RECEIVED FROM ANY

PARTICIPATED PARTY IN THE TENDER FLOATED PERIOD.

04

TO STUDY TECHNICALLY THE TENDER OFFERS

SUBMITTED TO “QNCC/CLIENT’S” TENDER &

PROCUREMENT COMMITTEE AND SUBMIT THE

TECHINCAL EVALUATION REPORT OF THE FINDINGS &

RECOMMENDATION.

05

PREPARING FOR APPROVAL THE DRAFT LETTER OF

AWARD OF THE TENDER FROM “QNCC/CLIENT” BEFORE

AWARDING THE TENDER.

06

PREPARING DRAFT OF CONSTRUCTION CONTRACT AND

SUBMIT TO “QNCC/CLIENT” FOR APPROVAL AND

SIGNING WITH THE SECOND PARTY OF CONTRACT

WHICH IS THE SUCCESSFUL TENDERER AS CONTRACTOR

FOR CONSTRUCTION OF THE PROJECT.

Total Remuneration Amount in Words:

_________________________________ __________________ Tenderer/Bidder’s Name Date

_________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 19 CONSULTANCY SERVICES

FORMAT OF SCHEDULE OF FIXED FEES RATE & TOTAL REMUNERATION AMOUNT

ANNEXURE-B

Page 20: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 20 CONSULTANCY SERVICES

Format of Schedule of Fixed Fees Rate & Total Remuneration Amount

Annexure-B

(TO BE FILL OUT BY THE TENDERER ON HIS LETTER HEAD)

Stage#2: Post-Consultancy Services as per required under the Scope of Consultancy Services.

Sr/No.

*Particular’s Services*

Period

Fixed Fee Rate Per Day

Total of each Remuneration

amount

01

02

03

04

05

Total in words:

The Tenderer/Bidder should fill out this Form with the actual number of Supervision Engineers in all

aspects with the execution period of the Construction Contract of the Project at Site. Wherever

necessary until issuing the “Final Acceptance Certificate (FAC)” of the Project. _________________________________ __________________ Tenderer/Bidder’s Name Date _________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal

Page 21: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 21 CONSULTANCY SERVICES

FORMAT OF MEMORANDUM OF PROCEDURES ANNEXURE-C

Page 22: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 22 CONSULTANCY SERVICES

Memorandum of Procedures Annexure-C

(TO BE FILL OUT BY THE TENDERER/BIDDER ON HIS LETTER HEAD)

The “TENDERER/BIDDER” shall submit below or with his “TENDER OFFER” a memorandum

giving in outline his proposed general scheme of procedure, programme and timetable for

providing the required “SCOPE OF CONSULTANCY SERVICES”. The document(s) shall

foreshadow the detailed scheme of procedure and method to furnish by the successful

“TENDERER/BIDDER” in accordance with the Conditions of the “CONSULTANCY SERVICES

CONTRACT” and shall not be in lieu of the particulars thereby required.

_______________________________________________________________________________

Tenderer/Bidder’s Name:…………………………………………………… Date: / /201 Authorized signatory ………………………………………………… Signature: …………………………… Stamp/Seal

Page 23: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 23 CONSULTANCY SERVICES

FORMAT OF QUALIFICATIONS & EXCEPTIONS ANNEXURE D

Page 24: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 24 CONSULTANCY SERVICES

Format of Qualifications/Exceptions Annexure D

(ON TENDERER/BIDDER’S LETTER HEAD)

Please find below our Qualifications/Exceptions to be noted and considered while evaluation of our “TENDER OFFER”.

Srl./No. Narration Time ( +, -)

Amount (+, -)

01

02

03

04

05

Total in words:

_________________________________ __________________ Tenderer/Bidder’s Name Date _________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal

Page 25: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 25 CONSULTANCY SERVICES

FORM OF TENDER BOND

Page 26: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 26 CONSULTANCY SERVICES

FORM OF TENDER BOND ON THE LETTER HEAD OF BANK

Qatar National Cement Co., (Q.P.S.C.) P.O Box 1333,

Doha, State of Qatar

Subject: Tender Bond for Public Tender No.: (GTNO 12/17)

Greetings,

We are pleased to advise you that we hereby guarantees M/S……………………with an amount of

QAR 150,000/= (Qatar Riyals One Hundred Fifty Thousand) or equivalent in US Dollars to

enable them to bid for the “PUBLIC TENDER” No. GTNO 12/17…………….. in the event of

M/S……………………, withdrawing their “TENDER OFFER” before the expiry of this guarantee, we

hereby undertake to pay the aforementioned amount of ……………….. in cash to “QNCC” upon

their first demand & not withstanding any contestation by M/S. ……………………...

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

from the closing date of this “PUBLIC TENDER”.

We undertake to extend the validity of this “TENDER BOND” upon your first demand & not

withstanding any contestants from the “TENDERER/BIDDER”.

Bank’s Signature & Stamp

Page 27: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 27 CONSULTANCY SERVICES

Part-2

Local Condition 28-30

Scope of the Tender (SOT), Equipment Data Sheets & Drawings 31-33

Page 28: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 28 CONSULTANCY SERVICES

LOCAL CONDITIONS

TABLE OF CONTENTS

1. UMMBAB SITE

2. INFRASTRUCTURE AND COMMUNICATION

2.1 Port 2.2 Roads 2.3 Air Transport 2.4 Telephone & Telex

3. UMMBAB AREA

3.1 General Geographical Situation 3.2 Meteorological Data

4. MISCELLANEOUS 4.1 Currency 4.2 Cost of consumables

1. UMM BAB SITE

The Project’s site is located in the Cement Plant-2 at Umm.Bab, which is far from West of Doha City about 75 km coming from Doha-Umm Bab highway and about 95 km coming from Doha-Dukhan highway and about 09 km from the seacoast. The Site Work is inside the Cement Plant-2 which is nearby the Cement Plant-3 towards east about 100 meter and nearby to the Cement Plant-4 towards east about 200 meters towards east.

2. INFRASTRUCTURE AND COMMUNICATION

2.1 Port

The port is located at Mesaied, which is approximately 100 km East from the Plant.

Port at Doha can be considered as an alternative for small shipments.

2.2 Roads Road transportation in the State of Qatar is generally good and shall follow Qatar’s traffic rules. The asphalted main roads are suitable for movement of heavy trucks.

2.3 Air Transport Doha airport is the only one in the State of Qatar.

The Airport at Doha is connected to the international air system and can be directly reached from any major city.

2.4 Telephone and Telex

Telephone and Telex services in the State of Qatar are linked to the international system.

Page 29: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 29 CONSULTANCY SERVICES

3. UMM BAB AREA

3.1 General Geographical Situation The proposed plant site is from Doha-Umm Bab highway and it is at an altitude of about 12-15 m above sea level.

The approximate road distances from the below mentioned cities to the Project’s site are:

30 km from Dukhan City to Ummbab Road 75 km from Doha to Umm Bab. Road 80 km from Messaied to Umm Bab. Road.

3.2 Meteorological Data

The climate of the Umm Bab area is characterized by the following meteorological data:

3.2.1 Temperature

Maximum 50°C

Minimum 4°C

Annual average 22 to 32°C

High 35 to 42°C May to October

Low 12 to 16°C December to March

3.2.2 Relative Humidity

Maximum 100%

Minimum 4%

Annual average 40 to 70%

High 84 to 88% December to March

Low 20 to 27% April to July

3.2.3 Rainfall

Maximum 300 mm

Minimum 10 mm

Annual average 75 mm

High (monthly) 12 to 16 mm Dec. to March

Low (monthly) 0 to 3 mm June to November

Max. 24 Hours 80 mm

3.2.4 Atmospheric Pressure (Stress)

The mean sea level pressure is around 1’010 hPa (1hPa = 100N/m²).

3.2.5 Wind

Speed maximum 100 km/h

Design Basis 140 km/h

Page 30: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 30 CONSULTANCY SERVICES

Sandstorms on an average are experienced 5 to 6 times in a year, mainly between March to July. Prevailing winds are from NNW direction.

3.2.6 Earthquakes

The Arabian Peninsula is generally regarded as a stable mass and there are no known records of earthquake tremors in the vicinity of the Plant site area. Based on the above, the Umm Bab area can be considered as an area of moderate intensity For design assume intensity IV on Modified Mercally (MM 1931) Medvedev Sponheuer / Karnik (MSK 1964) scales:

Horizontal ground acceleration ah = 0.06 g

Vertical acceleration av = ± ½ ah

Note: Only wind or earthquake is acting.

4. MISCELLANEOUS

4.1 Currency

The national currency of the State of Qatar is the Qatari Riyal (QR). There are no restrictions regarding convertibility of the Qatari Riyal into other currencies. The local currency exchange rate fluctuates depending on market conditions.

4.2 Cost of Consumables

As per rates applicable in QNCC.

Page 31: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 31 CONSULTANCY SERVICES

SCOPE OF THE TENDER (S.O.T.),

EQUIPMENT DATA SHEETS &

DRAWINGS

Page 32: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 32 CONSULTANCY SERVICES

A)

B)

C)

PROJECT OVERVIEW

Qatar National Cement Company (Q.P.S.C.)/QNCC/the Owner, Doha, Qatar has decided to invest in the area of environment and improving the Qatari industrial work-friendly environment by Constructing a Project for converting of existing five(5) units electrical filters operating in its Cement Pants Nos.(2, 3 & 4) to most efficient and cost effective types of dust collectors available and can achive a collection efficiency of more than 99% for very fine particulates.

To this end, the company is looking forward to award this Tender to an expertise consulting house for providing the required consultancy services comprise preparation of complete engineering designs, drawings and “TENDER DOCUMENTS/PACKAGES” for floating a new “TENDER” for the implementation of the “CONSTRUCTION WORKS” of the afroementioned “PROJECT” on the ground by a “GENERAL CONTRACTOR” who will awarding the “TENDER” him by signing the “PROJECT’S” “CONSTRUCTION CONTRACT”as “GENERAL CONTRACTOR” of the “PROJECT”.

TITLE OF THE TENDER

“To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate (FAC) of the Project.”

SCOPE OF CONSULTANCY SERVICES It is understood that any participant in this “PUBLIC TENDER” is mandatory to submit his “TENDER

OFFER” covering a complete “CONSULTANCY SERVICES” in all aspects on basis of scope of “CONSULTANCY SERVICES” prescriped in details a set forth below:

Stage # 1 Pre-Consultancy Services.

A. Preparation of preliminary and final engineering designs togather with complete soft copy

of “TENDER DOCUMENTS” for floating Tender for Construction of the “PROJECT”, and provide “QNCC’S TENDERS AND PROCUREMENT COMMITTEE (T&PC).” with technical responses on the inquires will be received from the parties whom participated in the “TENDER” floated to assign the “CONSTRUCTION CONTRACT” of the “PROJECT” to winner/successful

“TENDERER/BIDDER” of the “TENDER” will be floated for construction of the “PROJECT”.

B. Conduct technical study and evluation of the receipt “TENDER OFFERS” under new Tender will be floated for Construction of the “PROJECT”, and submission of technical evaluation report on the submitted “TENDER OFFERS” in the Tender, prepare letter of award together with “CONSTRUCTION CONTRACT” to “QNCC/CLIENT” for approval awarding the Tender & signing the “CONSTRUCTION CONTRACT” by the “PARTIES” “ QNCC/CLIENT”

as “OWNER” and the Winner/Successful “TENDERER/BIDDER“ as “MAIN CONTRACTOR” who will execute & complete the “CONSTRUCTION WORKS” of the “PROJECT”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 33 CONSULTANCY SERVICES

Stage # 2 Post-Consultancy Services.

Start from date fixed and notified by “QNCC/OWNER” after signing of “CONSTRUCTION CONTRACT” of the “PROJECT”, the “CONSULTANCY SERVICES” under this stage includes the following:

1. Supervising for all jobs/activities of the “MAIN CONTRACTOR” within the validity execution period of the “CONSTRUCTION CONTRACT” of the “PROJECT”.

2. Testing and Commissioning.

3. Preparation of deficiency list, and follow up the resolving of all issues.

4. Preparation for approval from “QNCC/OWNER” the “PROVISIONAL ACCEPTANCE CERTIFICATE” (PAC) on successful operation of the “PROJECT” by “QNCC/OWNER”.

5. Preparation for approval from “QNCC/OWNER” the “FINAL ACCEPTANCE CERTIFICATE” (FAC) after expiry date of the “PROJECT’S DEFECT LIABILITY PERIOD”.

D) EQUIPMENT DATA SHEETS AND DRAWINGS FOR THE EXISTING ELECTROSTATIC PRECIPITATORS

Please find the attached equipments (Electro Participator & Equipment Chain Conveyor) Data Sheets including Drawings of the Existing Electrostatic Precipitators of the Cement Plants (29 pages)

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

We undertake to “Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos. (2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate (FAC) of the Project.”

____________________________________________________________________________

_________________________________ __________________

Tenderer/Bidder’s Name Date

_____________________________ __________________

Authorize Person’s Name/Signature Date

Stamp/Seal

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 34 CONSULTANCY SERVICES

Part-3 Format of Bank Performance Bond 35-36

Form of Agreement 37-41

General Conditions of Contract 42-56

Format of Down/Advance Payment Guarantee 57-58

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 35 CONSULTANCY SERVICES

FORMAT OF BANK PERFORMANCE BOND

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 36 CONSULTANCY SERVICES

FORMAT OF BANK PERFORMANCE BOND (ON THE LETTER HEAD OF BANK)

M/S. QATAR NATIONAL CEMENT CO., (Q.P.S.C.) Post Office 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 QR………….. equivalent to 10% (Ten) perecent of the total “POST-CONSULTANCY SERVICES’S” Remuneration Amount, upon first written demand not withstanding any contestant by the “CONSULTANT”, in connection with with the “CONSULTANCY SERVICES CONTRACT dated. / /20 related to …………… This letter of guarantee shall be effective and come in full force from the date of signing the “CONSULTANCY SERVICES CONTRACT”……………………………………… and expire on ……………………………….. when the “FINAL ACCEPTANCE CERTITFICATE(FAC)” of the “PROJECT” issued by “QNCC/the OWNER” to the “CONTRACTOR”. 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. In the event of extension the “POST-CONSULTANCY SERVICES” period beyond the fixed time in the “CONSTRUCTION CONTRACT” of the “PROJECT”, this guarantee shall cover that new extension period. The said guarantee is covering any default or failure in the provided Services or any breaching from the “CONSULTANT’S” contractual obligations under the “CONSULTANCY SERVICES CONTRACT” during such period, the percentage of this guarantee will reduce to be 5% (Five Perecnt) only when the “PROVISIONAL ACCEPTANCE CERTIFICATE (PAC) of the “PROJECT” issued by“QNCC/the OWNER” to the “CONTRACTOR”.

Bank’s Signature & Stamp

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 37 CONSULTANCY SERVICES

FORM OF AGREEMENT

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 38 CONSULTANCY SERVICES

FORM OF AGREEMENT تفاقصيغة إلا

The Agreement has been made on this……………….. ….., 201 , by and between :فيما بين م 102 ............ تفاق في يومتم إبرام هذا إلا

(ق.ع0م0ش)شركة قطر الوطنية لصناعة ألاسمنت .2

قطر -الدوحة 3111: ب 0ص

(طرف أول ك) "ال امل"وتسمى فيما بعد

و

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

..……… ..................... : ب0ص

(طرف ثانك) " إلاستشاري " وتسمى فيما بعد

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

P . O . B O X : 1 3 3 3 D o h a , Q a t a r

h e r e i n a f t e r c a l l e d t h e "OWNER" ( F i r s t P a r t y (

And

2. M / S . … … … … … … … … … … … … . . .

P.O.Box: ………………. ………………

herein after called the “CONSULTANT” (Second Party)

ملا كانWHEREAS

هندشثثثية ليمثثثميم بخثثدتاا اشارثثثا ية هاتزويثثثدفثثثي يرغثث "املالـــ /الشـــركة" أنحيثث

تنفيثثثثثثثذ ترثثثثثثثروت تلويثثثثثثثك املرشثثثثثثث اا ال روشثثثثثثثياتي ية املرحلثثثثثثثة وثثثثثثثثاصة تناقمثثثثثثثة إعثثثثثثثدا و

للغ ـــــــار تـــــــر يليـــــــا امعســـــــة كمرســـــــ ا اا ـــــــة لنظـــــــام اخمثثثثثثث وحثثثثثثثداا ( 5)عثثثثثثثد ل

تنفيثثثثذ إلاشثثثثراف ع ثثثث تثثثث يم بــــال دولــــة قطــــرفــــ (4و 3، 1)يرقــــامبمصــــاسم ألاســــمنت

و شثثثثث ا ب الق ثثثثول ال ثثثثا حتثثثثى إ ثثثثدا املرثثثثثروت عقثثثثد إ رثثثثا آلحكثثثثام وشثثثثرو هثثثثثذا فقثثثثثا

.العقد

املطلوبثثثثثة وفقثثثثثإلاشارثثثثثا ية لخثثثثثدتاا بثثثثثا "الـــــ امل"تزويثثثثثد يعتثثثثث م "إلاستشـــــاري "و ا

سـوا كانـت هـاوإكمالهـا إلنجاز كل اا هـو رـروري العقد وامليضمن ملسانداا هذا

كمـــا هـــو املتفـــع عل ــا الشـــرو و آلاحكــامبحســـ ، و احــةدة يو ر ـــد احــةدة بال ـــة

-:اذكور يما يل آدناه

Whereas, the “C o m p a n y / O W N E R ” desires “Consultancy Services for

Engineering, Designs, preparing Tender Documents for a Project for Converting

Electrostatic Precipitators (ESPs) in its Cement Plants Nos. (2, 3 & 4) @ UmmBab, State

of Qatar to Bag Houses and Supervision Services on the Project Construction Contract

until the Final Acceptance(FAC) according to the terms & conditions of this

Contract.

Whereas, the“CONSULTANT” is willing to provide the “O W N E R ” with the

requested “CONSULTANCY SERVICES” as described in this Contract documents which

include everything necessary to perform and complete the services whether it is

mentioned or not in this Contract and as per the following terms and conditions

hereunder:-

:NOW THIS AGREEMENT PROVIDES AS FOLLOWS :تفاق على اا يل ة تم إلا

ررو الاملخممة ل ا في تفاق فإن الكلماا والع ا اا يكون ل ا نف املعا في هذا إلا .3

0لعقد حس ما شير فيما بعد العاتة ل

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the General Conditions of Contract hereinafter referred

to.

إن -وجثداول ا املحققثة أو أيثة تحققثاا أخثر إن املسانداا الياليثة فقث، .2

وجثثثثثثثثثدا ترثثثثثثثثثكك وتفسثثثثثثثثثر "إلاستشـــــــــاري "و " الـــــــــ امل "العقثثثثثثثثثد بثثثثثثثثثين جميعثثثثثثثثثا

:نموص العقد الوا ب في هذه املسانداا كما ي ي

2. The following documents only and their annexed schedules or any annexes - if

any, shall together constitute the Contract between the “O W N E R " and the

“CONSULTANT” and the terms and conditions defined in this Contract shall in all such

documents be construed accordingly:

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 39 CONSULTANCY SERVICES

يغة هذا إلاتفاق ؛ (أ

ررو العاتة للعقد ؛ال (ب

في ))................شا ته املقدم باملناقمة وإإن وجدا -آلاحقة وتعديالته "إلاستشاري "عرض (ج

. " ال امل "م وتحققاته املعيمدب تن ق ك 2032/...../..... :ا يخت

A- This Form of Agreement;

B- The General Conditions of Contract;

C- “CONSULTANT’S” “TENDER OFFER” and susequent revised if any ref.:

(………………………….) dated ……./…../2018 and it’s annexes approved by the “O W N E R ” ;

في ثثا الخثثدتاا الثثوا ب ونطثثاق يطل ثثاااملبيانثثاا التثثت تليثثوى ع ثث " الــ امل "تسثثانداا جميثث (

ترشثثثثثثثية ق ثثثثثثك " الـــــــ امل "تثثثثثثثن ق ثثثثثثك وضثثثثثثع املطلوبثثثثثثة والتثثثثثثثت لخثثثثثثثدتااذاا المثثثثثثلة با وتحققات ثثثثثثا

2032/ ....../ :......بيا يثثثثثثثثثثثثثخ(..…/ /…/FAX/QNCC/T&PC/18)ثم قثثثثثثثثثثث شثثثثثثثثثثثثيةلتر ب ايثثثثثثثثثثثااملناقمثثثثثثثثثثثة وك

0وتحققاته

D- “O W N E R ’S” documents containing all data requirements, scope of services listed therein and

annexed hereto related to the required services, which have been elaborated by the

“O W N E R ” for the services before awarding the Tender, awarding letter ref

(FAX/QNCC/T&PC/18/………..) dated ……/……/2018 and it’s annexes.

للعقد وقد ألغراض اليعريف فإن املسانداا وتحققات ا املذكو ب تعيبر جز ا

ت مال

0 "إلاستشاري " و " ال امل "تم اليأشير علي ا تن ق ك

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 “O W N E R ’ and

the“CONSULTANT”.

تثثن 2امليعثثد ب واملد جثثة فثثي ال نثثد فثثي حالثثة وجثثو أى تعثثا ض بثثين أى جثثز تثثن املسثثانداا .1

: يغة الاتفاق املاثك فإن ألاولوية تسو كما ي ي

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 ا ألاولوية ع ب ج و ؛يكون ل( أ

b. Will have priority over c, d and يكون ل ا ألاولوية ع ج و ؛( ب

.c. Will have priority over d 0يكون ل ا ألاولوية ع ( ج

العقثثثث .4 كثثثثاتال

لت اتثثثثثاا اليعاقديثثثثثة لكافثثثثثة الققثثثثوق والا د كمثثثثثا شثثثث ة بيانثثثثثه يعيبثثثثر تلديثثثثثدا

فيمثثثا ييعلثثة الخثثثدتاا وا يعيثثثد باملفاوضثثثاا أو "إلاستشـــاري "و " الـــ امل "للطثثرفين

أية تسانداا أتفة علي ا أو وقع بي ما ق ك تا يخ إبرام العقد وا تترتث علي ثا أيثة رثثا

0تعاقدية

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 in relation to the services shall hereafter be of any contractual

effect.

قثد حمثك لنفسثه ع ث املعلوتثاا الوافيثة فثي كثك الاوانث بمثا ”إلاستشاري “تعلوم أن .5

كمثثثا وأنثثثه تثثثن املعلثثثوم وامليفثثثثة 0فثثثي ذلثثثا الاوانثثث الفنيثثثة واثثثروف املوقثثث والاسثثث يالا

0عن كافة الت اتاته اليعاقدية " ال امل "تسئول تجاه ”إلاستشاري “عليه أن

5. It is understood that the “CONSULTANT” has obtained for himself all information complete

in every respect including all scope of services. It is also understood and agreed that the

“CONSULTANT” shall be responsible to the "OWNER" for all his contractual

obligations.

”اري إلاستش“ يمون .6 تمااا

:CONSULTANT”shall be fully responsible for the following“ .6 :عن آلاتي اسؤوال

" الـ امل "تزويثد و إعثدا ( ا العقثثد شثرو و حكثام أل باليمثاتيم ال ندشثثية ألاشاشثية وفقثا

مثثثثثثثنفيناملذوى الخبثثثثثثثرب و امل ندشثثثثثثثين والفنيثثثثثثثينر يوفبيثثثثثثث "إلاستشـــــــاري "يلتثثثثثثث م لإلعيمثثثثثثثا و

؛املعنيةبمزاولة هذه الخدتاا إلاشارا ية واملرخص ل م

a. Preparing and providing the "OWNER" with the basic engineering designs in

accordance with the terms and conditions of the Contract for approval. The

“CONSULTANT” shall provide its teams with experienced, qualified and licensed

engineers & technicians to perform such Consultancy Services;

ب راشثثثة الرثثثرو واملوا ثثثفاا العاتثثثة تثثث الرشثثثوتاا ملرحلثثثة " الـــ امل "إعثثثدا وتزويثثثد ( ب

رى خطثثثثأ أو عيثثثث فثثثثي اليمثثثثاتيم "إلاستشــــاري " يلمثثثثك و املشــــروع تناقمثثثثة تنفيثثثثذ طثثثثر

. للمشروعل ندشية ألاشاشية ا

b. Preparing and providing the "OWNER" with the “TENDER DOCUMENTS” technical

terms, specs. and drawings for tendering stage for execution of the “PROJECT” and the

“CONSULTANT” bears any error or defect in the basic engineering designs of the

“PROJECT”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 40 CONSULTANCY SERVICES

الفنت ع بالر طوال فترب طر تناقمة تنفيذ املرروت " املال "تزويد ( ج

وحضو تن الا اا املرتركة في املناقمة املسيلمة كافة الاشيفسا اا

تيطل اا تنفيذ املرروت الفنية زيا ب املوق ليوضيح بمو ب أفضك

ض و تن تقديم عر ليم ين املرتركين .لمناقمةالفنية للميطل اا ل وفقا

c. Providing the "OWNER” throughout the tendering period for implementation of the

“PROJECT”, the technical reply to all queries received from the participant parties in the

tender, and to attend the visit to the site for making sure they are having better

understanding of the technical requirements for the implementation of the “PROJECT,”

enabling them to submit thier tender offers accoding to the technical requirements of

the Tender.

آل ول املما شة والعناية املعقولة ا بشارا ية باملخدتاته إلا التنفيذ (ه وفقا

ليفييش ع فرق العمك وفي شبيك ذلا عليه ا إلاحترافية في هذا املجال/امل نية

وإكمال الساالا الخا ة بكافة املعلوتاا واملؤهالا والرخص الخا ة اليابعين له

. تن وق آلخر " ال امل "ب م حس طل

وفق للمشروع الق ول ال ا لغاية إنجاز إلشرافبخدتاا ا " ال امل " تزويد (و ا

.عقدال هذاحكام وشرو أل

d.Using reasonable skill and care in the provision of the “CONSULTANCY SERVICES”in

accordance with good industry practice. Inspection and complete personnel/team at

sites, complete record on including records of their personnel information,

qualifications and licenses the "OWNER” request from time to time .

e.Providing proper and adequate supervision until the fulfilment of the Final

Acceptance Certificate(FAC), in accordance with the terms and conditions of this

Contract.

أثنا تنفيذ الخدتاا توضوت العقد "املال " ية الف رية الخا ة لملحقوق اتراعاب (ز

.:وبعد إكماله

.إلالت ام بالقوانين وإحترام ألانظمة املط قة في ولة قطر (ز

f. Observing the "OWNER’S” intellectual property rights during the implementation of

CONSULTANCY SERVICES and after their completion.

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

راغيثث دوالر ياريكــي/ريـا قطــري ) (.…………………= لعقثثد لامل لثثا امللثثد ب إجمثايي .7

0

7. The Total fixed Contract Remuneration amount QAR

/USD………………………………./= only.

ملـا هـو اـذكور هنـا آدنـاه تنفيذ الخةاا اوروع ال ةيتم .8على ارحلت ن ، و ـا

:

ت ثثدأ امل ينثة فثثي نطثاق الخثدتاا خثدتاا إلاشارثثا ية ألاوليثة ال : املرحلـة ألاوىـى 8.2

ة في إشثعا ه الخطث الثذى يسثلم" املال "امللد تن اليا يخ تن

نطثثثثثثثثاق إلنجثثثثثثثثاز بعثثثثثثثثد توقيثثثثثثثث هثثثثثثثثذا العقثثثثثثثثد " إلاستشــــــــاري "إيثثثثثثثث

ا يخ توقيثثثثث يمثثثثك فثثثثي تثثثثهثثثثذه املرحلثثثثة وتفثثثثي طلوبثثثثة خثثثثدتاا امل

.املشروععقد إ را

8. Execution of the Services subject of the Contract on two stage as

mentioned below:-

8.1. Stage No.1 Per-Consultancy Services as mentioned under “SCOPE OF

SERVICES”, Start from fixed date in a written notice letter will be issued

by the "OWNER”, and delivered to the "CONSULTANT", to perform the

services required under this Stage and complete on date of sign off

the Construction Contract of the “PROJECT”

ثثدأ تنفيثثذها إ رثثا املرثروت ويترحلثثة ع ث خثدتاا إلاشثثراف: املرحلـة الاانيــة:8.1

"املالـــ " املرثثثروت بثثثين ”ع ـــة إسشـــا “لثثثد ه اليثثثا يخ الثثثذى ي تثثثن

."امل او "و

8.2. Stage No.2 Supervision Services on construction of the “PROJECT”, start from the

date which will be fixed by the “CONSTRUCTION CONTRACT” of the

“PROJECT” by the "OWNER” and the CONTRACTOR.

في أى وق تعيين شخص أو أشخاص أو شثركة أو شثركاا ليمهلثه فثي " مال لل "يلة .9

إلاشثثراف تنفيثثذ العقثثد وع ثث أشثثلوب الينفيثثذ بواشثثطة اشارثثا ى أو تفثثاش أو ترثثرف

فثثثي اشثثثا دال م بثثثلخرين ع ثثث أن يثثثيم ذلثثثا بموجثثث إخطثثثا القثثثة "مالـــ لل"رخثثثر ويكثثثون

0" إلستشاري ل "كياب

9. “OWNER” has the right at any time to appoint a person, persons or company(s)

to represent him for supervision on execution of this contract that the

“OWNER” can replace them with others and he shall communicate the same to

the “CONSULTANT” in writing.

الدفعاا املسيلقة ط ق " إلاستشاري "بأن يدف إي "ال امل"يلت م .33 لررو الدف ا

.الررو العاتة للعقدفي ( 2)باملا ب قماملذكو ب

10. “OWNER” shall pay to the “CONSULTANT” amounts due in accordance with Clause

No. (8) payment terms are mentioned in General Conditions of Contract, .

تثثثن قيمثثثة " إلاستشـــاري "خمثثثم تقثثثدا ضثثثري ة الثثثدخك املسثثثيلقة ع ثثث "مالـــ لل"يلثثثة

أحكام قانون ضري ة الدخك قم .م 2002/لسنة( 23)هذا العقد وذلا وفقا

The “OWNER” has the right to deduct from the Contract total price Income Tax

amount due on the “CONSULTANT” as per Income Tax law No.21/2009.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 41 CONSULTANCY SERVICES

عثثن إلاتفثثا ي يعثثوي البالرثثرو العاتثثة للعقثثد برثثأن ( 32)تط ثثة نمثثوص املثثا ب قثثم 32

ط قث " إلاستشـاري "ا فثي إلانجثاز أو إكمثثال إلت اتثا الفرثكاليثأخير أو ألحكثام وشثثرو ا

هذا العقد

11. Apply the provisions of Clause No. (12) of General Conditions of the Contract for

liquidated damages for the “CONSULTANT” delay or failure for the performance or

completion of his obligations, in accordance with the terms and conditions of Contract,

ع ثث حسثثاب املطلوبثثة الخثثدتاالت ويثده برخثثر إشارثثا ى أن يعثثين " مالــ لل"ويلثة

خمم "إلاستشاري " العقدذا أتعابه امللد ب ب قيمة تن ا

The “OWNER” has the right to appoint “ANOTHER CONSULTANT” to perform or

complete the services on the account of the“CONSULTANT’S” deducting from the

“CONSULTANT” fees defined in the Contract.

بثأن يسيمثد كافثة وثثاصة اليثأتين التثت تغطث كافثة املخثاطر كمثا " إلاستشاري "يلتث م 31

يسثلم ا تن الررو العاتثة للعقثد وأن ( 2-21)تلد ها نموص فرت املا ب قم

ع ثثثث أن يثثثثيم اشيمثثثثدا هثثثثذه لحخثثثثدتاا ق ثثثثك بثثثثد الينفيثثثثذ " الــــ امل "إيثثثث

"الوثاصة تن شركة تثأتين حسثنة السثمعة وتعمثك بدولثة قطثر يوافثة علي ثا

0 " ال امل

12. The “CONSULTANT” shall arrange the issuance of the insurance policies covering all

risks as hereafter defined in the Sub-Clause No. (23.5) in the General Conditions of this

CONTRACT, the“CONSULTANT” shall submit to the “OWNER” a copy of the same before

commencement of the services in the sites of plants. The policies shall be issued from a

reputable insurance company operating in the State of Qatar and acceptable by the

“OWNER”.

" باسثثثثليم "املشــــروع ”إسشــــا ع ــــة “ق ثثثثك توقيثثثث " إلاستشــــاري "شثثثثيقوم .34

تثثثثن % 30 قيميثثثثه تعثثثثا ل سثثثث ةبضثثثثمان إلانجثثثثاز /ة ن يثثثثال فالثثثثة ال "املالــــ

تنفيثثثثذ وإكمثثثثال الخثثثثدتاا إلاشارثثثثا ية ملرحلثثثثة تثثثثا بعثثثثد توقيثثثث قيمثثثثة إجمثثثثايي

د هثثثذا العقثثثفثثثي امللثثثد ب و "امل ـــاو "و "املالـــ "بثثثين ”املشـــروع ع ـــة إسشـــا “

حتثثثثى ثثثثدو "ع ــــة إسشــــا املشــــروع"تثثثثدب تنفيثثثثذ ثثثثالحي ا وأن تغطثثثث تثثثثدب

."للمشروع"ش ا ب الق ول ال ا

13. The “CONSULTANT” shall submit a Bank Guarantee/Performance Bond to the

“OWNER” before signing of the “CONSTRUCTION CONTRACT” of the

“PROJECT” amounting equal to 10% of the “POST CONSULTANCY

SERVICES’S” total fixed remuneration amount defined in the “CONSULTANCY

SERVICES CONTRACT”, and validity of the said guarantee shall cover the

“CONSTRUCTION CONTRACT’S” execution period until issuing of the Final

Acceptance Certificate of the “PROJECT”.

جميثثث املنازعثثثثاا و الخالفثثثثاا التثثثثت ت رثثثثأ بثثثثين الطثثثرفين برثثثثأن العقثثثثد يثثثثيم الفمثثثثك في ثثثثا .35

ألحكام ونموص القانون القطرى ويكون إلاخيماص للقضا القطرى 0وفقا

14. 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.

م وت يهثثثثثت بمثثثثثدو شثثثثث ا ب الق ثثثثثول 203/ / فثثثثثي هثثثثثذا العقثثثثثد ثثثثثالحية شثثثثثريان ي ثثثثثدأ .31

".للمشروع"ال ا

15. The Validity start date of this Contract from / /201 and its Validity end by the

issuance of the Final Acceptance Certificate of the ‘PROJECT” .

ملا ت ةم قام الطر ان بالتوقيم على هذا ال ة إث اتا

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED THE PRESENT CONTRACT.

”FOR THE “OWNER " ال امل "عــن

:التوقيـــم

.…………………………………الاسـم

..……………………………………… :الوظيفـة

SIGNATURE:

NAME : ……………………………………………….

TITLE : ……………………………………………….

"إلاستشاري "عــن

FOR THE “CONSULTANT.”

:التوقيـــم

..................................... :الاســــم

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

SIGNATURE:

NAME : ……………………………………

TITLE : …………………………………..

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 42 CONSULTANCY SERVICES

GENERAL CONDITION OF CONTRACT

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 43 CONSULTANCY SERVICES

GENERAL CONDITION OF CONTRACT

In this part/section the following expressions shall have the meanings ascribed to them hereunder except where the

context otherwise requires. “OWNER” means Qatar National Cement Company/QNCC, (Q.P.S.C.) who will be called in the “CONSTRUCTION CONTRACT” of the “PROJECT” as

the “OWNER”

“CONSULTANT” means the winner of Public Tender No.: (GTNO 12/17) or his lawful assignee or successor.

“PARTIES OF THIS CONTRACT” means the “OWNER” and the “CONSULTANT”.

“SCOPE OF CONSULTANCY SERVICES” means the professional services to be provided by the “CONSULTANT” as listed under in

Stage# 1 and Stage# 2 in the “TENDER DOCUMENTS”.

“CONSULTANCY SERVICES CONTRACT” shall mean the Form of Agreement entered between the “OWNER” and the “CONSULTANT” for the

provision of the Scope of Services described in the “TENDER DOCUMENTS” of Public Tender No.:(GTNO 12/17) as maybe amended from time to time.

“OUTLINE DRAWINGS” means the engineering design, drawings and documents of the Project prepared by the “CONSULTANT” and

annexed to or issued with these Standard Conditions and such are contained in the “CONSTRUCTION CONTRACT”.

“SERVICES COMPLETION CERTIFICATE” means that when the “CONSULTANT” complete successfully of the “CONSULTANCY SERVICES” related

each Stage, accepted by the “OWNER” the later will issue such certificate for each two Stages separately stating that the complete particular services

have been completed in accordance with the required “SCOPE OF CONSULTANCY SERVICES” under the “CONSULTANCY SERVICES CONTRACT”,

which shall be delivered to the “CONSULTANT”.

“REMUNERATION” means the total fixed fees as set out payable to the “CONSULTANT” by the “OWNER” for provision of the

“CONSULTANT” providing complete “SCOPE OF SERVICES“ as specified in this “CONSULTANCY SERVICES CONTRACT”.

CONTRACTOR” means the party to whom the “TENDER” will be awarded to him by assigning the “CONSTRUCTION CONTRACT” from the

“QNCC/OWNER” to perform the construction works for completion and handing over the “PROJECT” to the “OWNER” and the later issuing the

Provisional Acceptance Certificate(PAC) in accordance with the “CONSTRUCTION CONTRACT”.

“PROJECT” means the required services for Converting Electrostatic Precipitators (ESPs) in Five (5) Different Locations in its Cement

Plants Nos.(2, 3 & 4) @ Umm-Bab, State of Qatar, to Bag Houses until issuing date of Final Acceptance Certificate.

“CONSTRUCTION CONTRACT“which shall be signed between the “OWNER” and the “CONTRACTOR” who will be assigned to him execution the

“CONSTRUCTION WORKS” of the “PROJECT” in accordance with engineering designs, drawings, specifications and others contents stipulated in the

“TENDER DOCUMENTS” of this “PUBLIC TENDER” will be floated for Construction, Completion & Handing over the “PROJECT” against issuing the

Provisional Acceptance Certificate (PAC).

“PROVISIONAL ACCEPTANCE CERTIFICATE (PAC)”means the certificate issued and signed by the “CONSULTANT” and delivered to

the “OWNER” stating that the “CONSTRUCTION WORKS” have been completed successfully and the “PROJECT” handed over to the

“OWNER” in accordance to the terms & conditions stipulated in the “CONSTRUCTION CONTRACT“.

“FINAL ACCEPTANCE CERTIFICATE (FAC)”means the certificate issued and signed by the “CONSULTANT” and delivered to the

“OWNER” stating that the “DEFECT LIABILTY PERIOD” of the “PROJECT” have been completed successfully in accordance to the terms

& conditions stipulated in the “CONSTRUCTION CONTRACT“.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 44 CONSULTANCY SERVICES

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

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 of 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/Clause 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 term which serves the purpose of the offending term to the fullest possible

extent.

1. CONSULTANCY SERVICES CONTRACT VALIDITY START AND VALIDITY END

1.1The “CONSULTANCY SERVICES CONTRACT” validity start shall come into force from the signing date of Contract by QNCC as the

“OWNER” and the successful tenderer of this Tender as the “CONSULTANT”, and the Contract validity period and end subject of

implementation and completion of the complete "SCOPE OF CONSULTANCY SERVICES" prescribed in the “CONSULTANCY

SERVICES CONTRACT” which is divided in two Stages under the "SCOPE OF CONSULTANCY SERVICES as mentioned herein

below:

1.1.1. Stage No.(1) Pre-Consultancy Services;

In this particular the SCOPE OF SERVICES under this stage shall be started from the date will be fixed by the CLIENT in his NOTICE

LETTER TO PROCEED will be delivered to the “CONSULTANT“ after signing date of the CONSULTANCY CONTRACT, whereas the

completion date of the Services under this Stage on the signing date of the CONSULTANCY SERVICES CONTRACT OF THE PROJECT.

1.1.2. Stage No.(2) Post-Consultancy Services;

In this particular the “SCOPE OF SUPERVISION SERVICES” on the “CONSTRUCTION WORKS” under “CONSULTANCY SERVICES CONTRACT”

of the “PROJECT”, and shall be started from the date will be fixed by the “OWNER” of the “PROJECT”, in his “NOTICE LETTER TO PROCEED

LETTER” will be delivered to the “CONTRACTOR“ after signing date of the “CONSULTANCY SERVICES CONTRACT” of the “PROJECT”,

whereas the completion date of the Supervision Services under this Stage on the signing date of the “PROJECT’s” “FINAL ACCEPTANCE

CERTIFICATE(FAC)” once the “DEFECT LIABILITY PERIOD” of the “PROJECT” come to the end.

1.2. There shall occur no extensions to the period of the Scope of Post- Consultancy Services unless the “CONSTRUCTION CONTRACT” execution

period for completion of the Construction Works by the “CONTRACTOR” is extended with the consent of the “OWNER” in the

“CONSTRUCTION CONTRACT” in which case the corresponding extension shall be granted to the “CONSULTANT” provided

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 45 CONSULTANCY SERVICES

such extension is required due to the default of the “OWNER” or the “CONTRACTOR” or for reasons as stated in the “CONSTRUCTION

CONTRACT”.

1.3. Terms defined in the “CONSTRUCTION CONTRACT” where applicable shall have the same meanings used herein unless the context requires

otherwise.

2. SCOPE OF CONSULTANCY SERVICES

The “CONSULTANT” shall undertakes and provide the “CONSULTANCY SERVICES’S” scope as mentioned in details

under Stage#1 for pre-consultancy services and Stage#2 for “POST-CONSULTANCY SERVICES” in accordance with

the terms and conditions as set out in this “CONSULTANCY SERVICES CONTRACT”.

3. RESPONSIBILITES

The “CONSULTANT” shall:

3.1.1 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 CONSULTANCY SERVICES”.

3.1.2 Exercise all reasonable skill, care and diligence in the charge of its duties under the “CONSULTANCY SERVICES CONTRACT” and shall

carry out of the “SCOPE OF CONSULTANCY SERVICES” in accordance with the highest professional standards while using the most

developed and economic techniques.

3.1.3 Be responsible for the sufficiency and soundness of its recommendations, design, drawings and specifications prepared by its pursuant to

the “CONSULTANCY SERVICES’S” Scope. Any approval of the “OWNER” shall be considered as merely formal which shall not absolve or

release the “CONSULTANT” from its responsibility, obligations and liability.

3.1.4 When in charge of Supervision of Services, the “CONSULTANT” 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 “CONSTRUCTION WORKS” of the “PROJECT” and to any instructions to the “CONTRACTOR” which

constitutes a major variation, omission or addition, to the “CONSTRUCTION CONTRACT”.

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

4. The “CONSULTANT’S FACILITIES AND EQUIPMENT

4.1 Facilities Required During Providing of the “SCOPE OF CONSULTANCY SERVICES PERIOD”.

The “OWNER” if available shall provide CONSULTANT’s Team with accommodation at Ummbab only at the charging rate will be

mutually agreed before signing the final Contract.

4.2 Site Facilities

The “OWNER” shall be responsible for providing the CONSULTANT‘s Team with an office in the sites equipped with telephone, fax and

internet facilities during implementation of Scope of Consultancy Services.

4.3 Equipment and Materials

Specialized equipment and materials furnished by the “OWNER” to the “CONSULTANT” or purchased by the “OWNER” for the “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

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 46 CONSULTANCY SERVICES

the “CONSULTANT” and/or the “OWNER”. The “CONSULTANT” shall be responsible for ensuring that any such equipment and materials provided by

the “OWNER” are maintained by it in good condition.

4.4 Disposal of Equipment and Materials

Upon completion or termination of the complete “SCOPE OF CONSULTANCY SERVICES”, the “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”.

4.5 Site Personnel

Drivers, Clerical Staff, Laboratory Staff, Field Staff, Cooks, Servants and generally speaking all persons so working for the “CONSULTANT”

shall be under his direct employment and supervision.

5. TIME SCHEDULE

The Time Schedule for completion of the “PROJECT’S” “PRE-CONSULTANCY SERVICES” under Stage#1 shall be stated in the

“CONSULTANCY SERVICES CONTRACT”. And Time Schedule to start with providing the “POST-CONSULTANCY SERVICES”

under Stage#2 will be according to time schedule will be agreed in the “CONSTRUCTION CONTRACT” of the “PROJECT” i.e. as

per the “PROJECT’S” construction execution plan” will be annexed to the “CONSTRUCTION CONTRACT”.

6. REMUNERATION PAYABLE TO THE “CONSULTANT”

The fixed lump sum remuneration amount payable to the “CONSULTANT” for the provision of completion of the “SCOPE OF CONSULTANCY

SERVICES” shall be allocated and payable in respect of each stages under the “CONSULTANCY SERVICES” as provided hereunder.

6.1 Project Technical Study

The remuneration payable to the “CONSULTANT” for the “SCOPE OF CONSULTANCY SERVICES” related to the “PROJECT” Technical

Study as set out shall be a fixed amount.

6.2 Supervision of Project Execution

In respect of the Scope of “CONSULTANCY SERVICES” set out, the remuneration payable to the “CONSULTANT” for such Supervision

Services shall be as set out in this “CONSULTANCY SERVICES CONTRACT”.

6.3 Remuneration for Modified “CONSULTANCY SERVICES”

Where additional services are necessary due to changes in “User Requirements” within the “SCOPE OF CONSULTANCY SERVICES”

requested by the “OWNER” an additional remuneration to be mutually agreed upon by the “OWNER” and the “CONSULTANT” shall be

granted to the “CONSULTANT”.

The basis for the additional remuneration shall be agreed to in writing between the “OWNER” and the “CONSULTANT” prior to the

commencement of provision of the additional to the “SCOPE OF CONSULTANCY SERVICES”.

6.4 Inclusive Remuneration

6.4.1 The Lump Sum Remuneration payable to the “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 CONSULTANCY SERVICES” pursuant to the terms of the

“CONSULTANCY SERVICES CONTRACT”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 47 CONSULTANCY SERVICES

6.4.2 The “CONSULTANT” signing the “CONSULTANCY SERVICES 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 CONSULTANCY

SERVICES” required under the “CONSULTANCY SERVICES CONTRACT”.

6.4.3 No claim will be accepted by the “OWNER” from the CONSULTANT due to the “CONSULTANT’S” lack of

knowledge in respect of any matter affecting the level or adequacy of the remuneration payable to the

“CONSULTANT” pursuant to the terms of the “CONSULTANCY SERVICES CONTRACT”.

6.5 Limit of Remuneration

The Lump Sum Remuneration payable to the “CONSULTANT” for the “SCOPE OF CONSULTANCY

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 “CONSULTANT”

for the discharge of its obligations hereunder;

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

- Overtime or holiday (Not Applicable)

- Increased costs to the “CONSULTANT” due to new legalization after the date of execution of the “CONSULTANCY SERVICES

CONTRACT”.

- Interest on late payment made to the “CONSULTANT” by the “OWNER”

- Claims of any nature by the “CONSULTANT”.

6.6 Reimbursement

Provided that the “OWNER” has given its prior written approval, then the “OWNER” shall reimburse the “CONSULTANT” the

actual expenditure for the following:

6.6.1 All available documents needed in connection with the Construction Contract such as Cadastral documents, Maps, Drawings, Aerial

Photographs, Records, Reports, etc.

6.6.2 Site Survey such as Aerial Surveys, Soil Mechanical Surveys & Specialized Professional advice and Laboratory Investigations.

6.6.3 Purchased instruments mentioned in the “CONSTRUCTION CONTRACT” or afterwards agreed upon with the “OWNER”:

6.6.4 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 the “CONSULTANT”.

7. PAYMENT TERMS/ MODE OF PAYMENT

8.1The “TENDERER/BIDDER” shall submit his “TENDER OFFER” on the basis ofpayment shall be made in Qatari Riyals or US Dollars currency and the settlement of total fixed lump sum remuneration amount of 100% (one hundred )percent shall be paid separately for each stage of the required “SCOPE OF CONSULTANCY

SERVICES”as per the followings:-

8.1.1 10% (Ten) out of 100% of the total fixed lump sum fees of pre-consultancy services under stage#1 will be paid to the “CONSULTANT” by the “QNCC/CLIENT” as advance/down payment amount against the “CONSULTANT” submission of advance/down payment guarantee of the same amount in favour of the “QNCC/CLIENT” as per the provided form of advance/down payment guarantee to be issued from a first class reputable bank operating in the State of Qatar and acceptable by the “QNCC/CLIENT” and it’s validity will commence from the date of remittance of the same amount of this advance/down payment to the “CONSULTANT’S” account and shall expire after issuance of pre-consultancy services completion certificate”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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8.2.2 90% (Ninety perecent) balance payment of the total fixed lump sum fees price for providing complete pre-consultancy services of stage#1 will be paid to the “CONSULTANT” by the “QNCC/CLIENT” as per progress of the “SCOPE OF CONSULTANCY SERVICES” required as per stage#1 and “Mode of payment” shall be agreed herein this “CONSTRUCTION CONTRACT”.

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 the “SCOPE OF CONSULTANCY SERVICES”in accordance with the “CONSULTANCY SERVICES

CONTRACT’S”time schedule will be provided and approved for each two stages (1 and 2) as per this “CONSULTANCY SERVICES CONTRACT”.

8..1.4 Should the “SCOPE OF CONSULTANCY 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 “CONSULTANCY SERVICES CONTRACT” time schedule(s).

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 “QNCC/CLIENT”.

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 “CONSULTANCY SERVICES CONTRACT”.

8.2 Advance/Down Payment Guarantee

SUCCESSFUL TENDERER/CONTRACTOR shall submit bank letter of guarantee as per the form provided in these tender documents amounting to 10% (ten percent) of the total fixed lump sum remuneration amount for implemention & completion of “PRE-CONSULTANCY SERVICES” as speified under Stage#1, the guarantee should be issued by a first class reputable bank operating in the State of Qatar acceptable to the “OWNER” and its validity period should the implementation and completion fixed period of complete “PRE-CONSULTANCY SERVICES” after the “OWNER’S” cetifying of his acceptance that the “PRE-CONSULTANCY SERVICES” completed successfully.

8.3 Performance Bond

The Successful “TENDERER/BIDDER” shall submit bank letter of guarantee/performance bond as per the format provided in these “TENDER DOCUMENTS” amounting equal to 10% (ten percent) of total “CONSULTANCY SERVICES CONTRACT” fixed lump sum remuneration amount with effective from the date of signing the “CONSULTANCY SERVICES CONTRACT” and to be issued by a first class reputable bank operating in the State of Qatar acceptable to “QNCC/the OWNER”. The validity of this bank performance bond to be expired when the “FINAL ACCEPTANCE CERTITFICATE(FAC)” of the “PROJECT” issued by “QNCC/the OWNER” to the “CONTRACTOR”. The said guarantee is covering any default or failure in the provided Services or any breaching from the “CONSULTANT’S” contractual obligations under the “CONSULTANCY SERVICES CONTRACT” during such period, the percentage of this guarantee will reduce to be 5% (Five Perecnt) only when the “PROVISIONAL ACCEPTANCE CERTIFICATE (PAC) of the “PROJECT” issued by“QNCC/the OWNER” to the “CONTRACTOR”.

8.2 All invoices related to payment against the provided pre-consultanct services stage#1 would be subject to 10%

deduction towards the retention money.The amount would be released on the issuance of the “PRE-CONSULTANCY SERVICES COMPLETION CERTIFICATE”.

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

1.6 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 be agreed between the Parties. With regard to modified services, no additional advance payment will be made by the “OWNER”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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1.7 Delay in Payments

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

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

2. CURRENCY

The Contract total fixed renumeration payable to the “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.

3. DELAY IN COMPLETION

In the case of delay in completing the “CONSTRUCTION WORK” of the “PROJECT” due to a failure of either the “OWNER” or the “COTRACTOR” in properly performing their duties under the “CONSTRUCTION CONTRACT” and for which extension of time is granted to the “COTRACTOR” or a penalty is imposed upon the “MAIN COTRACTOR” then the “CONSULTANT” shall be entitled to additional remuneration for supervision of the period of delay. However, when the delay is contributed to by the “CONSULTANT” failure to discharge his obligations as per the terms of the “CONSULTANCY SERVICES CONTRACT”, the “CONSULTANT” shall not be entitled to any additional remuneration for the period of such extension.

4. APPOINTMENT OF OTHER CONSULTANT(S)

The “OWNER” may appoint separate Consultant(s) for any other matters of a special nature, which do not form

a part of the “SCOPE OF CONSULTANCY SERVICES”. In doing so, the “OWNER” shall remain responsible for the Remuneration payable to such “Consultant(s)” as agreed to separately by the “OWNER” with the “Consultant(s)”

which shall not form part of the Contract Price payable to the “CONSULTANT”.

11. FORCE MAJEURE

11.1 Remuneration

If at any time before the completion of the “SCOPE OF CONSULTANCY SERVICES” under the

“CONSULTANCY SERVICES CONTRACT” any part of the Services shall be damaged or destroyed as a

consequence of Force Majeure, as defined in Clause 11.3 hereof, occurring within the State of Qatar beyond the control of the “CONSULTANT” and form unforeseen cause, the “CONSULTANT” will receive the proportionate remuneration for any additional Services which may be requires to be designed and/or supervised by him as a result of such damage or destruction.

11.2 Circumstances Beyond Control

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

whole or in part its obligations under the CONSULTANCY SERVICES CONTRACT”.

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11.3 Default

Neither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions, revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards, extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring within the State of Qatar which is beyond the control of the parties, unavoidable

which could not reasonably be foreseen and which renders impossible the fulfillment of this “CONSULTANCY

SERVICES CONTRACT”.

11.4 Delays in Performance

If the performance of any obligations or responsibilities of any Party is delayed for more than sixty (60) days, the term of this “CONSULTANCY SERVICES 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 CONSULTANCY

SERVICES” is prevented in whole or in part due to an occurrence referred to in Clause 11.3 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 the “CONSULTANT”. The payment on termination shall be assessed as the reasonable and actual cost incurred by the “CONSULTANT” to demobilize those staff whose services are related to

the “SCOPE OF CONSULTANCY SERVICES”.

11.5 Notice of Termination

If a termination notice is given as a result of Force Majeure as per Clause 11.4 above, the termination shall become effective upon receipt by the “CONSULTANT” of the “OWNER’S” notice to terminate.

12. TERMINATION OF THE CONTRACT

Should the “CONSULTANT” fail for more than sixty (60) days after written notice to discharge its contractual obligations as set out in the “CONSULTANCY SERVICES CONTRACT” and cease to comply with provisions of the “SCOPE OF CONSULTANCY SERVICES” except in the case of Force Majeure, the “OWNER” shall have the right to terminate immediately the “CONSULTANCY SERVICES CONTRACT”.

13. CONFIDENTIALITY

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

13.2 All documents shall remain the property of the “OWNER” 13.3 All Documents prepared by the “CONSULTANT” for the “PROJECT” or supplied to him by the “OWNER”

or other CONSULTANT shall remain confidential during the “CONSTRUCTION CONTRACT” of the “PROJECT” stage, the drawings shall remain in the sole custody of the “CONSULTANT”.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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14. INFORMATION REQUIREMENTS

14.1.The 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 the “CONSULTANT” and the CONTRACTOR and (unless required not to do so) between the “CONSULTANT” and the “OWNER”.

b) All written confirmation by the Contractor of the verbal instructions of CONSULTANT. c) All communications from the “CONSULTANT”, 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 GENERAL CONTRACTOR to “CONSULTANT” and vice versa.

2. All revision to the GENERAL CONTRACTOR’s original construction programme.

3. All interim or stage programmes issued by the GENERAL CONTRACTOR.

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.

14.2 Instructions

In the event of CONSULTANT giving a decision or instruction to the GENERAL 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 GENERAL CONTRACTOR of the decision or instructions, submit a detailed report to the CLIENT/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.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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14.3 Variations

The 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 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 due to unexpected charge during the execution period of this Contract.

14.4 Competitive Quotations

14.5.1.The CONSULTANT 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.

14.5.2. 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 the CONSULTANT to make recommendations as to the acceptance or otherwise of one or more quotations.

14.5.3. Should only one Company able to provide the goods and services then the CONSULTANT shall provide a detailed report with a breakdown of the total price showing the competitiveness and reasonableness of the quotation.

14.5 Taking-Over Certificate

14.5.1. When the CONSULTANT shall determine that a part or all of the Construction Works has been

completed by the CONTRACTOR and is acceptable for use by the OWNER then the 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) of the Construction Contract. Such tests shall be carried out under the supervision of the CONSULTANT who shall execute a Taking-over Certificate as per applicable Clause (TAKING OVER CERTIFICATE) of the Construction Contract recommending acceptance by the OWNER.

14.6 Field Staff

The CONSULTANT shall appoint field staff for adequate direct site supervision to ensure full compliance by the GENERAL 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. The 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.

14.7 Replacement of Appointed Staff

The 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.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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14.8 Qatari Nationals

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

15. ASSIGNMENT

The 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, the 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 the “CONSULTANT”.

16. TAXES

The 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 mutually discussed in order to adapt the contractual price accordingly.

17. VISA AND PERMITS

The 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.

18. SPECIFIED BRANDS OF MATERIALS OR PRODUCTS

The 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 CLIENT/OWNER that this is not possible.

19. DUTIES AND RIGHTS OF THE CLIENT/OWNER

19.1 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 the CONSULTANT for performing its duties and discharging its obligations under the Contract.

19.2 Decisions

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

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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20. 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 the CONSULTANT.

21. REPATRIATION OF STAFF

21.1. Should the OWNER request, CONSULTANT shall arrange to suspend the employment of, or repatriate, any staff employed by the 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.

21.2. In the event of a suspension or repatriation in accordance with clause 21.1 above then then the CONSULTANT shall forthwith arrange a replacement person of suitable experience and such person shall be approved by the OWNER prior to the replacement.

22. OWNER’S APPROVAL

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

a) Assignment or subletting by the GENERAL CONTRACTOR of any part of the Works. b) Any direct instructions by the CONSULTANT imposing to the GENERAL 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.

23. SCOPE OF LIABILITY OF CONSULTANT

23.1. Errors and Omission

The 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.

The 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.

23.2. Defects

The 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.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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23.3. Limitation

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

23.4 Violation of Rights of Third Parties

The 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.

23.5. Insurance Cover

The 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 the CONSULTANT as contained in Clauses 24. During the supervision of erection, and generally speaking during the period of presence of personnel of the CONSULTANT on the site, it will be responsibility of the CONTRACTOR to subscribe the necessary insurance for all the CONSULTANT’s personnel on duty on the site.

Liability Insurance Coverage

Unless otherwise agreed in writing by the “CONSULTANT” and “COTRACTOR”, the “CONSULTANT” shall provide for the purpose of performing the Services for the Project, the insurance set forth below:

1. Statutory Workmen’s Compensation $______(each accident ) and $______(disease-limit ) Employer’s Liability $______(disease-employee) 2. General Liability: $______/_________

Bodily Injury & Property Damage $______(Combined) 3. Professioal Liability Insurance *$______ per claim / $______ in aggregate.

* Additional coverage may be available if requested. Any additional premium shall be paid by the “GENERAL COTRACTOR”.

The insurance called for the above is subject to the normal limitations and exclusions applying to each type of insurance.

23.6. Duration of Liability

The 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.

23.7. Contracts by CONSULTANT

The 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.

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PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

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23.8. Insurance of staff of the CONSULTANT for his staff

Without prior prejudice to Sub-Clause 23.5, the 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.

24. 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.

25. LANGUAGE OF THE CONTRACT

The language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence, General Conditions of Contract etc. shall be in the English language. In case of these Contract documents being translated into 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.

26. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

26.1 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).

26.2. Applicable Law

Applicable law shall be Qatari Law

26.3. 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).

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“The sequel of General Conditions of Contract”

Page 57: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 57 CONSULTANCY SERVICES

FORM OF ADVANCE/DOWN PAYMENT

GUARANTEE

Page 58: PUBLIC TENDER NO.:GTNO. 12/17 - · PDF fileProject for Converting Existing Electrostatic ... Letter of Acknowledgement ... Part-2 Local Condition of The Project Site Scope of Consultancy

PUBLIC TENDER NO.:GTNO. 12/17 “To Provide the Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the Project”.

___________________________________________________________ Tender Documents 58 CONSULTANCY SERVICES

FORM OF ADVANCE/DOWN PAYMENT GUARANTEE

(ON BANK LETTER HEAD)

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

Doha, State of Qatar

Reference to: PublicTender No.: GTNO 12/17

Subject : Advance/Down Payment Bank 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 and completion of Contract for “Providing the

Company with Consultancy Services to Prepare the Engineering Designs, Drawings & complete Tender

Documents/Packages to implement a Project for Converting Existing Electrostatic Precipitators to Bag

House type Dust Collector in Cement Plants Nos.(2, 3 & 4) at Umm-Bab, State of Qatar, including

Supervision on the Construction Contract until issuing the Final Acceptance Certificate(FAC) of the

Project”, as dated ……………….by and between Qatar National Cement Co., Q.P.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 assign 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 total fixed renumeration price value to perform the pre-consultantcy services

prescribed in stage-1. Against simple written request of the “OWNER” indicating that the

“CONSULTANT” is in default and the “OWNER” demands the amount to be paid by surety.

This gurantee validity period covers the agreed period for execution and completion of complete pre-

consulting services as provided in stage-1 as per terms & condition of the Consultancy Services Contract

will be signed between “The Owner” and “The Consultant” and expire until the issuance date of

Services Completion Certificate(S.C.C.) of stage-1 for providing the pre-consultancy services as per

prescribed in the Services Contract.

We undertake to extend the validity of this letter of guarantee upon your first demand &

notwithstanding any contestants from “The Consultant”.

Bank’s Signature & Stamp