Technical Submission Vol 1 Part 1

STATE OF QATAR

TENDER DOCUMENT

FOR

CONSTRUCTION OF SOUQ WAQIF SOUQ HOTEL

VOLUME 1

(PART 1 OF 2)

TECHNICAL SUBMISSION PRIVATE ENGINEERING OFFICE

Doha

State of Qatar

JUNE 2013

STATE OF QATAR

TENDER DOCUMENT

FOR


(VOLUME 1)

(PART 1 OF 2)

TENDERERS ARE TO NOTE THAT THE CONTENTS OF THE RETURNED VOLUME 1 TECHNICAL SUBMISSION MUST CONTAIN ONLY THE FOLLOWING

SECTION A INSTRUCTIONS TO TENDERERS SECTION B CONDITIONS OF CONTRACT SECTION D TECHNICAL DELIVERABLES SECTION E SCHEDULE OF DRAWINGS, INSURANCE, ETC.

STATE OF QATAR PRIVATE ENGINEERING OFFICE CONTENTS

Project/Tender Title: Construction of Souq Waqif Souq Hotel Contents/ (1) June 2013

PROJECT TITLE: CONSTRUCTION OF SOUQ WAQIF SOUQ HOTEL

CONTENTS

VOLUME 1 SECTION A INSTRUCTIONS TO TENDERERS A/1 A/13 Brief Instruction of the Works General Instructions Instructions of Particular Application and Tender

Conditions

Sample Pro-forma Tender Bond

VOLUME 1 SECTION B

CONDITIONS OF CONTRACT B1/1 to B2/13 Part 1 General Conditions of Contract B1/1; (i ~ v) & (1 ~ 51) Part 2 Conditions of Particular Application B2/1 Sample Pro-forma Documents B2/2 to B2/13 Appendix B2/14

VOLUME 1

SECTION D TECHNICAL TENDER DELIVERABLES

D/1 D/18

VOLUME 1 SECTION E

SCHEDULE OF DRAWINGS, INSURANCE, ETC.

Part 1 Schedule of Drawings E1/1 E1/31

Part 2 Insurances E2/1 E2/3

Part 3 Programme Requirements E3/1 E3/15

STATE OF QATAR PRIVATE ENGINEERING OFFICE CONTENTS

Project/Tender Title: Construction of Souq Waqif Souq Hotel Contents/ (2) June 2013

ACCOMPANYING DRAWINGS AND DOCUMENTATION

The drawings and documents listed in Section E above form part of the tender documentation and will be issued with the above bound Tender Document.

CONTRACT DOCUMENTS

The following Documents will form part of this contract: 1. This Document in its entirety, in which are bound all pages as listed in the Contents

Tenderers shall check the tender documents provided and shall initial this page in acknowledgement that all of the pages listed and all of the drawings and other documents referred to have been allowed for in preparing this tender.

Tenderers stamp and initials........................................................................Date............................

SECTION A

INSTRUCTIONS TO TENDERERS

TECHNICAL SUBMISSION SECTION A CONTENTS

Project/Tender Title: Construction of Souq Waqif Souq Hotel A/Contents 1 June 2013

CONTENTS

BRIEF DESCRIPTION OF THE WORKS A/1

INSTRUCTIONS TO TENDERERS:

1. SUBMISSION OF TENDERS A/2 2. TENDER OPENING A/4 3. TENDER VALIDITY PERIOD A/4 4. TENDER DOCUMENTS A/4 5. STANDARD DOCUMENTS A/4 6. INTERPRETATION OF THE DOCUMENTS A/5 7. CORRECTIONS TO AND CLARIFICATION OF TENDERS AFTER

SUBMISSION A/5 8. QUALIFICATION OF TENDERS AND ALTERNATIVES A/6 9. ACCEPTANCE OR REJECTION OF TENDERS A/6 10. RIGHT TO VARY THE WORKS A/6 11. CONFIDENTIALITY OF TENDER DOCUMENTS A/7 12. ADVANCE PAYMENT A/7 13 MAXIMUM PENALTY LIMIT AND EXCESSIVE DELAY A/7 14. MEMORANDUM OF PROCEDURE A/8 15. SITE CONDITIONS A/8 16. SHIPMENT OF CARGO TO QATAR A/8 17. LUMP SUM CONTRACT PRICE A/8 18. INSURANCE A/9 19. CO-ORDINATION WITH OTHER CONTRACTORS A/9 20. STATEMENT OF RESOURCES A/9 21 SUPPLEMENTARY NOTICES A/9 22. COMMENCEMENT DATE FOR THE WORKS A/9

23. SUBMISSION OF PROGRAMME A/9 24. PREFERENCE FOR LOCALLY MADE PRODUCTS A/10 25. IMPORTED FILL MATERIAL A/10 26. FOREIGN TENDERER A/10 27. RELOCATION OF SITE(S) A/10

TECHNICAL SUBMISSION SECTION A CONTENTS

Project/Tender Title: Construction of Souq Waqif Souq Hotel A/Contents 2 June 2013

TENDER CONDITIONS AND TENDERERS INSTRUCTIONS OF PARTICULAR APPLICATION

28. TENDER CONDITIONS A/10 29. TENDER ADJUDICATION PROCESS A/11

SPECIMEN FORM OF TENDER BOND

A/12

TECHNICAL SUBMISSION SECTION A BRIEF DESCRIPTION

Project/Tender Title: Construction of Souq Waqif Souq Hotel A/1 June 2012

BRIEF DESCRIPTION OF THE WORKS

1.01 Location of the Sites

The Site is located at Souq Waqif, State of Qatar as indicated on the site location plans. 1.02 Brief Description of the Works

The Works comprises demolition, construction, completion and maintenance of Souq Waqif Souq Hotel building.

The Building was originally a traditional building built of 600mm stone wall. It is to be re-modified into hotel complex reflecting more of Arab architecture. Reinforced concrete structure and block work infill were introduced internally. The Works may also include necessary demolition & alterations of existing structures such as buildings, permanent & temporary facilities, boundary walls, fences & gates, roads, walkways, hard & soft landscaping, steel structures & sheds; removal/relocation of trees and disconnection and/or re-routing of existing services depending on the actual condition of the site. Any existing items on site that need to be removed as required by PEO shall be carefully removed and delivered as per PEOs direction.

TECHNICAL SUBMISSION SECTION A INSTRUCTIONS TO TENDERERS


INSTRUCTIONS TO TENDERERS

1. SUBMISSION OF TENDERS

1.1 Tenders shall be submitted in duplicate and will be accepted only on the Form of Tender provided, which shall be completed in full.

1.2 The Tender shall be signed by a principal duly authorised to represent and bind the Tenderer.

1.3 The Amount of the Tender and the rates and prices inserted in the Bills of Quantities shall be fully inclusive, without limitation, of all liabilities and obligations to be borne by the Contractor in accordance with the Contract

1.4 The Amount of Tender and all rates and prices shall be in Qatar Riyals.

1.5 A firm price Tender shall be submitted.

1.6 The duplicate Forms of Tender together with all Appendices shall be completed in full and submitted with the following:

(a) The Tender Bond together with a duplicate copy in the style set out in the Specimen Form of Tender Bond annexed to these instructions and in the amount stated on the Form of Tender. This bond shall be obtained from an approved bank with a registered office in Qatar. A bond issued by Insurance Company is not acceptable. Cheques are not acceptable as a form of bonding. A bond in respect of another tender is not acceptable as the bond in respect of this Tender. The Tender Bond shall be addressed to the Tenders Committee.

(b) All the additional information required by the Appendices to the Form of Tender for the purpose of adjudicating tenders.

(c) Fully priced out duplicate copies of the Bills of Quantities and Schedules of Rates (if any) and all other schedules of information.

Tenders, that do not give the required information and price details, will be subject to rejection.

(d) The return of all Tender Documents provided by the PEO for the purposes of tendering will be adjudicated based on a TWO-ENVELOPE bid system and therefore the Tender and accompanying documents (in duplicate where required) shall be submitted as follows.

1. The Technical Submission must be enclosed in one envelope sealed with red wax and clearly marked TECHNICAL PACKAGE and the Financial Submission must be enclosed in a separate envelope sealed with red wax clearly marked FINANCIAL PACKAGE. Both envelopes must be enclosed in a third envelope sealed with red wax which shall bear the tender number,



subject and closing date and should not bear any mark, indication or name of the Tenderer. All three envelopes must be marked in English and Arabic.

Tender for: CONSTRUCTION OF SOUQ WAQIF SOUQ HOTEL

and which shall be addressed to: Managing Director Private Engineering Office PO Box 23723 Doha, Qatar

i. The Technical Submission shall comprise the following documents: 2. Front Cover 3. Tender Bond 4. A copy of the Tender Circular Acknowledgement Page F2 (only) of the

Form of Tender 5. If any, a statement of Tender Qualifications and/or Alternatives in

accordance with Clause 8 herein 6. Contents page 7. Technical Submission Fly Sheet 8. Section A Instructions to Tenderers 9. Section B Conditions of Contract 10. Section C Part 1: General Specification Part 2: Project Specification

11. Section D Technical Tender Deliverables 12. Section E Reference Documentation

Part 1: Reference Data and Schedule of Drawings Part 2: Insurance Part 3: Programme Requirements

ii. The Financial Submission shall comprise the following documents: 13. Financial Submission Fly Sheet 14. Section F Form of Tender 15. Section G Bills of Quantities

1.7 The Tender shall be delivered not later than the time and date stated in the Tender Invitation/Advertisement.



1.8 Failure to provide the Tender Bond and the whole of the required material and information or to comply with these instructions in any way may render the Tender null and void.

1.9 The award of a contract following a favourable assessment of the Tender shall not imply approval of any sub-contractor, supplier or proposed manufacturer so named by the Tenderer in his submission. After award of the Contract the Contractor will be required to submit full details for approval by the Engineer for any part of the Works which he proposes to sub-let or for any material which he proposes to incorporate in the Works.

1.10 The Tenderer shall enclose with his Tender an accompanying letter on his company letterhead giving full particulars, as follows:

(a) The full name and address of the Tenderer. (b) The full name and business address of the owner or the chief executive of the

Tenderers company. (c) The full name and address of the Tenderers sponsor, agent or representative in

Qatar, if the Tenderer is not a local Qatari Company.

1.11 If the Tenderer whose tender has been accepted fails to furnish the required performance bond within the specified period the Private Engineering Office may cancel his tender and confiscate the tender bond forthwith without further notice or legal action.

1.12 If the tenderer fails to sign the contract on the fixed date or if he withdraws for any other cause without any strong reason accepted by the Tenders Committee he shall be liable for any of the following penalties:-

1) Warning; 2) Lowering his category; 3) Striking-off his name from the Register for a certain period or permanently; 4) Confiscation of the securities/guarantees (tender bond or performance bond);

A decision by the Chairman of the Tenders Committee shall be issued imposing these penalties on the basis of a proposal by the Tenders Committee.

2. TENDER OPENING The opening of the Tenders shall be carried out by the Chairman of the Tenders Committee.

3. TENDER VALIDITY PERIOD The Tender shall remain valid for a period of Ninety (90) days from the date of closing of the Tenders by the Tenders Committee and may be accepted by the Private Engineering Office at any time before the expiration of that period. However, the Private Engineering Office may request an extension to this validity period by a further Thirty (30) days if necessary and the Tenderers shall extend the validity accordingly.

4. TENDER DOCUMENTS The documents provided for purposes of tendering (hereinafter called the Tender Documents) are this Document in its entirety, in which are bound all pages as listed in the Contents together with any drawings and schedules listed therein, and includes inter alia:



(a) These Instructions (b) The Form of Tender, together with all Appendices (c) The General Conditions of Contract, the Conditions of Particular Application together

with all Standard Forms (d) The Specifications (e) The Technical Tender Deliverables (f) The List of Drawings (g) The Priced Bills of Quantities

5. STANDARD DOCUMENTS In addition to the Tender Documents listed above Tenderers shall be deemed to have in their possession copies of the following standard documents and, where appropriate, to have included in their tender prices for complying with the provisions of the specifications, regulations, terms and conditions, standard Government procedures, etc. contained therein: (a) The General Conditions of Contract prepared by the Private Engineering Office (b) The Qatar National Construction Standards (QCS 2007) the 3rd Edition published by

the Qatar General Organizations for Standards and Metrology (QGOSM) issued with Standard No. QS27/2007 dated July 2007, for use commencing 1st January 2008 and all subsequent revisions and addenda prior to the date of the announcement inviting Tenderers.

(c) The Code of Practice and Specification for Road Openings in the Highway prepared by the Ministry of Industry and Public Works.

(d) The Guide for Civil Users of Explosives in Qatar prepared by the Ministry of Public Works.

(e) The Qatar Survey Manual prepared by the Survey Section of the Urban Planning & Development Authority.

(f) The Qatar Traffic Manual prepared by the Ministry of Public Works. (g) The Regulations for the Installation of Electrical Wiring, Electrical Equipment and Air

Conditioning Equipment, sixth re-issue dated January 1992 as prepared by the Ministry of Electricity and Water, P. O. Box 41, Doha.

(h) Any current and relevant notice or circular issued by the Public Works Authority and/or Ministry of Municipal Affairs & Agriculture (including the previous Ministry of Public Works and the previous Ministry of Industry & Public Works) or the Ministry of Electricity and Water and the Ministry of Finance (including the previous Ministry of Finance, Economy & Trade) Income Tax Department. prior to the date of the Announcement of Tender.

(i) Any local Municipality regulations. (j) State of Qatar Law No. 6 of 1987 and all subsequent amendments concerning

Materials and Equipment from Qatar or other CCASG countries, obtainable from Ministry of Justice, Doha.

(k) The Standard Method of Measurement of Building Works (SMM 7) prepared by the RICS. (Method of Measurement).

(l) State of Qatar Law No. 30 of 2002 and all subsequent amendments concerning



The Environment and Natural Resources Protection Articles 6, 17, 18 & 35, obtainable from Ministry of Justice.

(m) Fire Safety Standards and other related standards as prepared by Civil Defense Department.

(n) Drafting Standards prepared by Public Works Authority.

6. INTERPRETATION OF THE DOCUMENTS 6.1 No unauthorised alteration shall be made by the Tenderer to the Tender Documents. 6.2 Any mistake made in completing the Tender Documents and corrected before submission

of the Tender, shall be initialed by the principal authorised to sign the Tender. 6.3 If the Tenderer has any doubts as to the meaning of any part of the Tender Documents, or

if he discovers any ambiguity or discrepancy in the Tender Documents, or if any words or figures should be indistinct in the copy of the documents provided, then the Tenderer shall report the same to the Private Engineering Office Managing Director via fax not later than sixteen (16) days before the date fixed for submission of the tenders. The Private Engineering Offices reply will be given in the form of a circular letter via email to all Tenderers and any such circular shall be acknowledged by the Tenderers by returned fax to +97444998585 and on the page F/2 of the Form of Tender. This Circular will be issued directly by PEO, with a copy to the Tenders Committee and the Engineer. If, immediately prior to submitting the Tender, any doubt remains with a Tenderer as to the meaning of any part of the Tender Documents, then the Tenderer shall set out in a letter accompanying his Tender the interpretation upon which he has relied.

6.4 The Tenderer shall check each page and drawing of the Tender Documents against the contents and the Specification. No amendment to a submitted tender will be allowed after the date and time fixed for submission should the Tenderer later claim that any page or drawing was missing or had been duplicated.

7. CORRECTIONS TO AND CLARIFICATION OF TENDERS AFTER SUBMISSION 7.1 Tenderers shall not be permitted to make corrections or amendments to their tender for

any reason whatsoever after the time and date fixed for the submission of the tender. 7.2 The Tenders Committee shall adjust arithmetical or other errors made by the Tenderer in

compiling his tender, as follows: (a) Where the total of arithmetical errors is such that the Amount of Tender would have

been increased, then the individual rates and prices shall be proportionally reduced such that the Contract Price of the awarded contract shall be the same as the Amount of Tender. Such proportional correction shall not apply to any Prime Cost or Provisional Sums included in the Tender Documents provided by the Private Engineering Office.

(b) Where the total of arithmetical errors is such that the Amount of Tender would have been reduced, then the individual rates and prices shall each be corrected such that the Contract Price of the awarded contract shall be for the corrected and reduced amount.

7.3 Any adjustment, correction, clarification or amendment made by the Tenders Committee to a tender shall be stated to the Tenderer prior to award of the contract.

7.4 Where the Amount of Tender is computed by a Tenderer by making a lump sum adjustment to the summed total of the Bill of Quantities or to the summed total of a section



of the Bill of Quantities, then the lump sum adjustment so made will be deemed to apply proportionally to the individual rates and prices throughout the Bill of Quantities, or throughout that section of the Bill of Quantities. Such proportional adjustment shall not be applied to any Prime Cost or Provisional Sums given in the Tender Documents by the Private Engineering Office.

7.5 Such proportionally adjusted rates and prices shall be those rates and prices used later during the currency of the contract to assess the value of variations to the contract and for the valuation of measured work done for interim payments.

8. QUALIFICATION OF TENDERS AND ALTERNATIVES A Tender Qualification and a Tender Alternative is differentiated as follows.

8.1 Tender Qualifications Tender qualifications (that is deviations from the tender / contract Conditions) will be considered, provided that such qualifications are all entered on a separate covering letter to the tender fully described to permit a proper assessment of their implications. Please note that if a fully compliant un-qualified tender is not submitted in addition then if the stated qualifications are not accepted then the Tender may be reject as non-compliant.

8.2 Tender Alternatives On condition that the Tenderer submits a bona fide tender in accordance with the Tender Documentation in the first place, any alternative offers (that is deviations from the technical requirements of the Project Brief) which he may wish to propose must be under a separate cover, which will be given consideration, provided that such alternatives are fully described or accompanied by sufficient drawings and specifications, as applicable, and priced to permit a proper assessment of their implications or suitability.

9. ACCEPTANCE OR REJECTION OF TENDERS 9.1 The Private Engineering Office does not bind itself to accept the lowest or any tender and

will not assign any reason for the rejection of any tender. 9.2 The Private Engineering Office will not be responsible for or pay any expenses or losses

which may be incurred by any Tenderer in the preparation of his tender.

10. RIGHT TO VARY THE WORKS 10.1 The Tenderer shall note that, the Private Engineering Office has the right, during the Contract Period, to increase or decrease the works, in compliance with the Conditions of Contract, by up to 20% of the Contract Price at the same rates and prices applicable.

10.2 As regard to preliminaries, PEO will not pay for preliminaries costs for additional Works or deduct from the preliminaries bill for omissions if those fall within the 20% parameter for varying of Works. Any payment on preliminaries arising beyond this limit shall be determined on the basis of actual cost of the preliminaries incurred by the Contractor and must be supported by documentary evidences and records such as invoices, payment receipts, etc.

11. CONFIDENTIALITY OF TENDER DOCUMENTS 11.1 Tender Documents and all matters and details in connection therewith remain highly

confidential during and after tendering. 11.2 Drawings or information relating to the Works may only be copied or conveyed by the



Tenderer to his proposed sub-contractors, suppliers or other persons concerned with the Works as may be essential for the submission of a proper tender. It is the Tenderers responsibility to ensure that any information disclosed to any sub-contractors, suppliers or authorised third parties is treated as highly confidential by them, and that any copies or reproductions of documents or drawings given to them are returned to the Tenderer.

11.3 Except as herein before provided, drawings or information relating to the Works shall not be copied or reproduced in any way or conveyed by the Tenderer to any other third party without first obtaining the prior written authorisation of the Private Engineering Office.

12. ADVANCE PAYMENT 12.1 The Contractor shall receive an advance payment at the discretion of the Private

Engineering Office the amount of which, for the following Contract value categories, shall be:

(a) Contract Value NOT EXCEEDING QR50 Million The Advance payment shall be 20% of the Contract Price limited to a maximum of QR 5,000,000 (b) Contract Value EXCEEDING QR50 Million The Advance payment shall be 10% of the Contract Price 12.2 A certificate will be issued by the Engineer for the Advance Payment when the Contractor

submits his Performance Bond, Invoice and Bank Guarantee for the said Advance Payment.

12.3 Specimen Form of the Bank Guarantee for the Advance Payment is shown on page B2/11.

13. MAXIMUM PENALTY LIMIT AND EXCESSIVE DELAY 13.1 The Contractors attention is drawn to Clause 47 (1) (as amended) of the General

Conditions of Contract which states that the maximum penalty for Delay shall not exceed 10% of the total Contract Sum or adjusted Contract Sum.

13.2 However the Contractor is hereby informed and accepts that should the delay persist after the maximum penalty for delay has been reached then the Private Engineering Office shall consider action in terms of Clause 63 of the General Conditions of Contract and reserves the right to expel the Contractor from the site without having to establish any other such form of default.

14. MEMORANDUM OF PROCEDURE 14.1 Tenderers shall submit with their Tender a memorandum, set out in the relevant Appendix

to Technical Tender Deliverables, giving in outline their general scheme of procedure, a programme and a timetable for the execution of the Works. The memorandum shall not preclude the Tenderer from supplying the detailed general scheme of procedure and method to be furnished by the successful Tenderer in accordance with the General Conditions of Contract.

14.2 In preparing the Memorandum of Procedure and assessing the costs and resources required to complete the Works within the Time of Completion, Tenderers must make full allowance for port congestion and surcharges, costs of air-freighting and trucking imported materials and difficulties connected with obtaining continuous adequate supplies. None of the forgoing nor any difficulty that the Tenderer may experience in obtaining adequate



labour will be considered as special circumstance fairly entitling the Contractor to an extension of time for the completion of the Works as stated in the General Conditions of Contract, nor will they be considered as being grounds for additional payments over and above the Contract sum nor for variations to be issued under the General Conditions of Contract.

15. SITE CONDITIONS 15.1 All firms or persons tendering must acquaint themselves with the Site and they shall obtain

at their own responsibility all information necessary for preparing a Tender and entering into a Contract.

15.2 The Tenderer must also, before submitting a Tender, satisfy himself as to the nature of the existing roads or other means of communication and access to and egress from the Site and loading and unloading facilities at Site, docks etc.

15.3 Tenderers must also satisfy themselves as to the sources of supply, sufficiency and means of obtaining and delivering all materials, water, fuel, power and other matters or things required for the Works and they must examine and consider all other matters and all possible and probable contingencies and generally must obtain their own information on all matters affecting the Works and all matters which may influence them in preparing their Tender and determining the rates to be entered into the Bills of Quantities for visiting site shall be made through the Engineer.

16. SHIPMENT OF CARGO TO QATAR Tenderers attention is drawn to circular No. 9/97 dated 23.8.1397 (08.08.1977) issued by the Department to Ports, Ministry of Communications and Transport. This circular prohibits the use of Vessels more than Fifteen (15) years old for either loading of cargo bound for Qatar or for the discharge of cargo at Ports in Qatar unless exception has been obtained from the Department of Ports.

17. LUMP SUM CONTRACT PRICE 17.1 This contract is to include the whole of the Works which are described in or implied by the

Contract Documents. All matters omitted from the documents which may be inferred to be obviously necessary for the efficiency, stability or completion of the Works shall be deemed to be included in the Lump Sum Contract Price.

17.2 Works shown upon drawings and not mentioned or described in the Employers requirements/Specification and works described in the Employers requirements/Specification and not shown on the drawings will nevertheless be deemed to be included in the Lump Sum Contract Price in the same manner as if they had been expressly shown upon the drawings and or described in the Employers requirements/Specification as the case may be.

17.3 The Lump Sum Contract Price shall not be adjusted or altered in any way whatsoever except in accordance with the express provisions of the Conditions of Contract.

18. INSURANCE Attention is drawn to the fact that all insurances obtained under the relevant Clauses of the Specification or General Conditions of Contract shall be effected by one of the Private Engineering Office approved insurance companies listed in Clause 25 (3) of the General Conditions of Contract.



19. CO-ORDINATION WITH OTHER CONTRACTORS The Tenderer shall make full allowance in his Tender Price for all costs arising from programme and work co-ordination with all other Contractors and State Service Departments.

20. STATEMENT OF RESOURCES The Tenderer must complete all appendices of the Form of Tender relating to this subject

21. SUPPLEMENTARY NOTICES The Private Engineering Office reserves the right to issue any necessary supplementary notices to the Tenderers prior to the return of the Tenders. The Tenderers will be required to acknowledge the receipt of these notices both to the Engineer and on the Form of Tender and to allow for any instruction so issued in their Tender Price.

22. COMMENCEMENT DATE FOR THE WORKS 26.1 Prior to the expiration of the tender validity period, the Tenders Committee of PEO will

send to the successful Tenderer the Awarding letter. 22.2 The Awarding letter may only be accepted by the Tenderer upon signing, dating, stamping

and returning an acknowledgement copy of it to the Tenders Committee of PEO within twenty four (24) hours of receipt of it. The acceptance of this Awarding letter shall affect a contract between the parties under which the rights and obligations of the parties are governed solely by the terms and conditions of the contract.

22.3 The Commencement Date for the contract shall be determined as being twenty eight (28) calendar days from the date of acceptance of the award by the successful Tenderer unless the he receives any written instruction from the Engineer regarding the change in the said date.

22.4 The Tenderers shall note that by this instruction the requirement of the Engineer's written order to commence the Works at site is no longer required.

23. SUBMISSION OF PROGRAMME Apart from this general requirement from the Tenderers as mentioned in the Tender deliverables it is mandatory by the successful Tenderer to submit the detailed programme of Works including his method of implementation by incorporating amendments (if any) as required by the Engineer. These documents shall be submitted in accordance with the Clause 14 of the Conditions of Contract and shall be prior to the signing of Contract Agreement.

24. PREFERENCE FOR LOCALLY MADE PRODUCTS The Tenderer is required to obtain LOCALLY MADE PRODUCTS TO THE EXCLUSION OF IMPORTED PRODUCTS, unless such products of equivalent standard and complying with specifications are not available; and unless the Engineer approves the use of alternative source.

25. IMPORTED FILL MATERIAL 25.1 If this contract includes for the supply of imported fill materials to be provided under an

agreement between the Qatar National Transport Office or Qatar Leasing Company (as the Second Party) and the Contractor (as the First Party), then payment to the Second



Party will be directly by the Contractor (the First Party). The cost of the supply only of the fill material as agreed between the Contractor and the Second Party is to be included in the Tender (Total stated in the General Summary sheet), and carried to the Form of Tender, Page F/1.

25.2 Notwithstanding, Tenderers are referred to the Preambles to the Bills of Quantities and shall be deemed to have included for all costs, co-ordination with the Second Party, etc. that may be required as a consequence, within their lump sum tender price.

26. FOREIGN TENDERER 26.1 If the value of the Tender is greater than QR 200,000,000.00 and the successful Tenderer

is a foreign company, at least 30% of the scope of works of the project (hereinafter called local components), shall be sublet to Qatari Subcontractors and Suppliers in pursuant to Clause 4 (Sub-letting) of the General Conditions of Contract.

26.2 The successful Tenderer shall provide Subcontract Agreement to the Engineer prior to the start of this portion.

26.3 The successful Tenderer shall Subcontract the works in accordance with the General conditions of the Contract and the Qatar National Construction Standards (QCS2007)

27. RELOCATION OF SITE(S) 27.1 Should any and or all the Site(s) are to be relocated by the Engineer for whatsoever

reason, all the External Works shall be re-measured and priced using the rates indicated in the submitted Bill of Quantities.

TENDER CONDITIONS AND TENDERERS INSTRUCTIONS OF PARTICULAR APPLICATION

28. TENDER CONDITIONS 28.1 These Instructions to Tenderers constitutes the Conditions of Tender of this Tender and should the Tenderer fail to comply herewith the Private Engineering Office reserves the right to disqualify and reject the Tender as non-compliant and is not bound to provide any reason for the rejection of any tender. 28.2 The entire contents of this tender document as listed on the contents page is deemed to be the tender and all appendices, schedules, etc, to be completed and all other Information requested is to be incorporated in the Tenderers submission and will form part of the assessment and adjudication of the tenders. 28.3 The Technical Tender Deliverables, Form of Tender, Price Schedules, etc. of the document has particular reference in this regard and all minimum information required is to be submitted in the required format. 28.4 The Preambles and requirements of Section D Technical Tender Deliverables are an express condition of tender and failure to comply in strict accordance therewith may render the tender submission non-compliant and disqualified from the tender adjudication process. 28.5 This tender document as listed on the contents page in its entirety will form part of the contract documentation. 29. TENDER ADJUDICATION PROCESS

Tenders will be assessed and adjudicated based on the tender document and will take into account the following:



(a) Compliance with the Tender Conditions and information and tender deliverable requirements.

(b) The demonstrated capacity and ability of the Tenderer to carry out the services successfully, cost effectively and to world class state of the art standards.

(c) The extent to which the Tenderers proposal and product will provide the intended requirements and achieve the intended goals of the Tender subject for Private Engineering Office.

(d) The optimum value weighting of prices of elements of the services which reflect the true and realistic value of the element in terms of work input required and value of product deliverable received by the Private Engineering Office.

Unreasonable and unjustified price weighting of items or elements of the Tender Price Schedule will not be accepted. Tender price adjudication for award of the Contract will take this into account and the Private Engineering Office reserves the right to insist on details of the Tenderers pricing structure to establish and demonstrate the optimum and realistic value of any price element and further reserves the right to insist that any unreasonable and unjustified weighting of items or elements be adjusted to reflect the true value of the item or element as described in the Project Brief relative to the overall project worth.



SPECIMEN FORM OF TENDER BOND

Tender for:


Sir,

We have the honour to inform you that we guarantee Messrs .................................................

.......................................................................................................................................................

of....................................................................................................................................................

.......................................................................................................................................................

for the amount of Qatar Riyals (QR. ..)with the Private Engineering Office in order to allow them to submit a tender for the above as specified in the Tender Documents.

This Bond shall remain valid for a period of one hundred and twenty (120) days starting on the date fixed for the closing of tenders by the Tenders Committee, that is: from...................................................................to........................................................................

or such earlier time as a Performance Bond shall have been duly provided by a Tenderer whose Tender has been accepted, and is subject to renewal by the Tenders Committee without objection of Messrs ...................................................................................................

In the event of Messrs................................................................................ withdrawing their tender before the expiration of validity of the tender or failing to provide a Performance Bond within 28 days of being requested to do so by the Private Engineering Office, whichever date is earlier, we definitely undertake to deposit with the Private Engineering Office of the State of Qatar, upon the Tenders Committees demand and notwithstanding any objection on the part of the said Messrs .... of the aforesaid sum of Qatar Riyals . (QR ).

Public Works Authority

Contracts & Engineering Business Affairs (CEBA)

GENERAL CONDITIONS OF CONTRACT

Public Works Authority PO Box 22188 Doha State of Qatar May 2007

i

GENERAL CONDITIONS OF CONTRACT ..................................1

DEFINITIONS AND INTERPRETATION ........................................... 1

1. (1) Definitions..................................................................................................1 (2) Singular and Plural....................................................................................2 (3) Marginal Headings or Notes .....................................................................2

ENGINEER'S REPRESENTATIVE................................................... 3

2. Duties and Powers of Engineer's Representative.................................3

ASSIGNMENT AND SUBLETTING .................................................. 3

3. Assignment ...............................................................................................3 4. Sub-letting .................................................................................................3

EXTENT OF CONTRACT.4

5. Extent of Contract.....................................................................................4

CONTRACT DOCUMENTS............................................................... 4

6. (1) Language ...................................................................................................4 (2) Documents Mutually Explanatory ............................................................4 7. (1) Custody of Drawings.................................................................................4 (2) One Copy of Drawings to be kept on Site ..............................................5 (3) Drawings, etc., to be provided by the Contractor...................................5 8. Further Drawings and Instructions .........................................................5

GENERAL OBLIGATIONS................................................................ 5

9. Contract Agreement ..................................................................................5 10. Performance Bond.....................................................................................6 11. Inspection of Site .......................................................................................6 12. (1) Sufficiency of Tender ................................................................................7 (2) Adverse Physical Conditions and Artificial Obstructions .....................7 13. Work to be to the Satisfaction of Engineer..............................................7 14. Programme to be Furnished .....................................................................8 15. Contractor's Superintendence..................................................................8 16. Contractor's Employees............................................................................8 17. Setting out ..................................................................................................9 18. Boreholes and Exploratory Excavation .................................................10 19. Watching and Lighting ............................................................................10

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20. (1) Care of Works ..........................................................................................10 (2) Excepted Risks ........................................................................................10 21. Insurance of Works..................................................................................10 22. (1) Damage to Persons and Property ..........................................................11 (2) Indemnity by the PWA.............................................................................12 23. (1) Third Party Insurance..............................................................................12 (2) Minimum Amount of Third Party Insurance ..........................................12 24. (1) Accident or Injury to Workmen ..............................................................13 (2) Insurance against Accident etc. to Workmen .......................................13 25. (1) Remedy on Contractor's Failure to Insure ............................................13 (2) Notification by Contractor ......................................................................13 (3) Insurer to be Approved ...........................................................................14 26. (1) Compliance with Statutes Regulations etc. ..........................................14 (2) Giving of Notices and Payment of Fees ................................................14 (3) Register of Commerce ............................................................................14 27. Fossils etc. ..............................................................................................15 28. Patents Rights and Royalties.................................................................15 29. Interference with Traffic and Adjoining Properties..............................15 30. (1) Extraordinary Traffic ...............................................................................15 (2) Special Loads ..........................................................................................16 (3) Settlement of Extraordinary Traffic Claims...........................................16 (4) Waterborne Traffic...................................................................................16 31. Opportunities for Other Contractors......................................................16 32. Supply of Plant, Materials and Labour...................................................16 33. (1) Site to be kept Clear of Obstruction ......................................................17 (2) Clearance of Site on Completion ...........................................................17 (3) Cleaning the Works .................................................................................17

LABOUR.......................................................................................... 17

34. (1) Conditions of Employment .....................................................................17 (2) Rates of Pay.............................................................................................18 (3) Wages Books...........................................................................................18 (4) Trade Unions............................................................................................18 (5) Compliance with Clause .........................................................................18 (6) Supply of Labour .....................................................................................18 (7) Permits .....................................................................................................18 (8) Repatriation..............................................................................................19 (9) Contractor to Preserve the Peace ..........................................................19 (10) Alcohol and Drugs..................................................................................19 (11) Arms and Ammunition ...........................................................................19 (12) Religious and Other Customs ...............................................................19 (13) Health ......................................................................................................19 (14) Housing, Water etc. ................................................................................20 (15) Contractor's Responsibility...................................................................20 (16) Temporary Works ...................................................................................20 35. Return of Labour, etc..............................................................................20

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MATERIALS AND WORKMANSHIP .............................................. 20

36. (1) Quality of Materials and Workmanship and Tests................................20 (2) Costs of Samples ....................................................................................21 (3) Cost of Tests............................................................................................21 (4) Costs of Test not provided for etc. ........................................................21 37. Access to site...........................................................................................21 38. (1) Examination of Work before Covering up .............................................21 (2) Uncovering and Making Openings.........................................................22 39. (1) Removal of Improper Work and Materials.............................................22 (2) Default of Contractor in Compliance .....................................................22 40. (1) Suspension of Work................................................................................22 (2) Suspension Lasting more than Ninety (90) days..................................23

COMMENCEMENT TIME AND DELAYS........................................ 23

41. Commencement of Works.......................................................................23 42. (1) Possession of Site...................................................................................24 (2) Wayleaves, etc. ........................................................................................24 43. Time for Completion ................................................................................24 44. Extension of Time of Completion ...........................................................24 45. No Night or Friday Work..........................................................................25 46. Rate of Progress ......................................................................................25 47. (1) Imposition of Penalty ..............................................................................25 (2) Reduction of Penalty...............................................................................26 (3) Consultants Fees for Delayed Completion ...........................................26 48. Certificate of Completion of Works .......................................................26

MAINTENANCE AND DEFECTS .................................................... 27

49. (1) Definition of 'Period of Maintenance '...................................................27 (2) Execution of Work of Repair, etc. ..........................................................27 (3) Cost of Execution of Work of Repair, etc. .............................................27 (4) Remedy on Contractor's Failure to Carry Out Work Required ............28 50. Contractor to Search ...............................................................................28

ALTERATIONS, ADDITIONS AND OMISSIONS........................... 28

51. (1) Variations .................................................................................................28 (2) Order for Variations to be in Writing......................................................28 (3) Valuation of Variations............................................................................29 (4) Power of Engineer to Fix Rates..............................................................29

CLAIMS ........................................................................................... 30

52. Claims .......................................................................................................30

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PLANT, TEMPORARY WORKS AND MATERIALS....................... 30

53. (1) Plant Definitions: .....................................................................................30 (2) Ownership of Plant Brought to Site .......................................................31 (3) Conditions of Hire of Certain Plant ........................................................31 (4) Cost for Purposes of Clause 63 ............................................................31 (5) Contractor's Certificate as to Hiring Provisions...................................31 (6) Hire Purchase Payments by PWA..........................................................31 (7) Irremovability of Certain Plant................................................................32 (8) Re-vesting Removal and Failure to Remove Plant ...............................32 (9) Liability for Loss or Injury to Plant ........................................................33 (10) Incorporation of Clause in Sub-Contracts.............................................33 54. Approval of Materials, etc. not implied ..................................................33

MEASUREMENT............................................................................. 33

55. Quantities .................................................................................................33 56. (1) Variation etc. to be Measured.................................................................33 (2) Foundations.............................................................................................34 57. (1) Method of Measurement .........................................................................34 (2) Daywork ...................................................................................................34 (3) Payment for Daywork..............................................................................35

PROVISIONAL AND PRIME COST SUMS..................................... 35

58. (1) Provisional Sums ...................................................................................35 (2) Prime Cost Items .....................................................................................36 (3) Use of Provisional and Contingency Items...........................................36 (4) Production of Vouchers, etc...................................................................36 (5) Cash Discount .........................................................................................36 (6) Assignment of Sub-Contractor's Obligations.......................................36 59. (1) Nominated Sub-Contractors...................................................................37 (2) Payment to Nominated Sub-Contractors .............................................37

CERTIFICATES AND PAYMENTS ................................................. 38

60. (1) Monthly Statements ................................................................................38 (2) Monthly Payments...................................................................................38 (3) Payment of Retention Money .................................................................39 (4) Time for Payment ....................................................................................39 (5) Correction and Withholding of Certificates...........................................39 (6) Currency of Account ...............................................................................40 (7) Retention on Sub-Contractors ...............................................................40 (8) Final Account...........................................................................................40 61. Approval only by Maintenance Certificate.............................................40 62. (1) Maintenance Certificate ..........................................................................40 (2) Cessation of PWA's Liability ..................................................................41 (3) Unfulfilled Obligations ............................................................................41

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REMEDIES AND POWERS............................................................. 41

63. (1) Forfeiture..................................................................................................41 (2) Valuation at Date of Forfeiture ...............................................................42 (3) Payment after forfeiture ..........................................................................42 64. Urgent Repairs .........................................................................................43

SPECIAL RISKS.............................................................................. 43

65. (1) No Liability for War, etc., Risks..............................................................43 (2) Damage to Works etc. by Special Risks................................................44 (3) Projectile Missile etc. ..............................................................................44 (4) Increased Costs Arising from Special Risks.........................................44 (5) Outbreak of War.......................................................................................44 (6) Removal of Plant on Termination...........................................................45 (7) Payment if Contract Terminated ............................................................45

FRUSTRATION ............................................................................... 46

66. (1) Payment in the Event of Frustration .....................................................46 (2) Termination of the Contract by the Authority .......................................46

SETTLEMENT OF DISPUTES ........................................................ 46

67. Settlement of Disputes - Litigation........................................................46

NOTICES ......................................................................................... 47

68. (1) Services of Notices on the Contractor .................................................47 (2) Services of Notices on the PWA ...........................................................47 (3) Service of Notices on the Engineer .......................................................48 (4) Service of Notices on the Engineer's Representative ..........................48

DEFAULT OF EMPLOYER ............................................................. 48

69. Default of the PWA...................................................................................48

OTHER CONDITIONS ..................................................................... 48

70. Taxation, Customs Duty, Rates and Other Charges .............................48 71. Constructional Plant, Temporary Works and Materials etc..................49 72. Details to be Confidential ........................................................................50 73. Bribery and Corruption ...........................................................................50 74. Boycott of Israel.......................................................................................50 75. Law to Apply.............................................................................................50 76. Air and Sea Transport to and from Doha..............................................51 77. Materials and Equipment from Qatar or Other CCASG Countries.......51

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GENERAL CONDITIONS OF CONTRACT

DEFINITIONS AND INTERPRETATION Definitions 1. 1) In the Contract (as hereinafter defined) the following words

and expressions shall have the meanings hereby assigned to them except where the context otherwise requires :

a) "The Government", means the Government of the State of Qatar.

b) "The Public Works Authority" (hereinafter called as the PWA"), P.O. Box 22188, Doha, State of Qatar who has called for Tenders to build or construct, erect or deliver the Works and who will employ the Contractor.

c) "Contractor" means the person or persons, firm or company whose tender has been accepted by the PWA and includes the Contractor's personal representatives, successors and permitted assigns.

d)

"Engineer" means the Director or Manager of the concerned directorate or department respectively of the PWA or other Engineer appointed from time to time by the PWA and notified in writing to the Contractor to act as Engineer for the purposes of the Contract in place of the Engineer so designated.

e) "Engineer's Representative" means any resident engineer or resident architect or assistant of the Engineer or any clerk of works appointed from time to time by the PWA or the Engineer to perform the duties set forth in Clause 2 hereof whose authority shall be notified in writing to the Contractor by the Engineer.

f) "Works" means all the works to be executed and permanent plant and equipment to be installed in accordance with the Contract.

g) "Contract" means the Conditions of Contract, Specifications, Drawings, priced Bills of Quantities, Schedules of Rates and Prices (if any), Tender and Contract Agreement.

h) "Contract Price" means the sum named in the Tender subject to such additions thereto or deductions therefrom as may be made under the provisions hereinafter contained.

i) "Constructional Plant" means all appliances or things of whatsoever nature required in or about the

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execution completion or maintenance of the Works or Temporary Works (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work.

j) "Temporary Works" means all temporary works of every kind required in or about the execution completion or maintenance of the Works.

k) "Drawings" means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer.

l) "Site" means the land and other places on under in or through which the Works are to be executed or carried out and any other lands or places provided by the PWA for the purposes of the Contract together with such other places as may be specifically designated in the Contract as forming part of the Site.

m) "Approved" means approved in writing including subsequent written confirmation of previous verbal approval and "approval" means approval in writing including as aforesaid.

n) "Employer" means the same as "The Public Works Authority" as in sub-clause 1.1 (b) above.

o) "Ministry of Public Works" means the previous Ministry within the Government replaced under Emiri Decree No.3 for 1989 by the Ministry of Industry and Public Works.

p) "Ministry of Industry and Public Works" means the previous Ministry within the Government abolished under Emiri Order No.1 for 1992 and subsequently amalgamated with the Ministry of Municipal Affairs and Agriculture.

q) Contract Date means the date upon which the Contract Agreement is signed.

Singular and Plural

2) Words importing the singular only also include the plural and vice versa where the context requires.

Marginal Headings or Notes

3) The marginal headings or notes in these Conditions shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

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ENGINEER'S REPRESENTATIVE Duties and Powers of Engineer's Representative

2. The duties of the Engineer's Representative are to watch and supervise the Works and to test and examine any materials to be used or workmanship employed in connection with the Works. He shall have no authority to relieve the Contractor of any of his duties or obligations under the Contract nor except as expressly provided hereunder or elsewhere in the Contract to order any work involving delay or any extra payment by the PWA nor to make any variation of or in the Works.

The Engineer may from time to time in writing delegate to

the Engineer's Representative any of the powers and authorities vested in the Engineer and shall furnish to the Contractor a copy of all such written delegation of power and authorities. Any written instruction or approval given by the Engineer's Representative to the Contractor within the terms of such delegation (but not otherwise) shall bind the Contractor and the PWA as though it had been given by the Engineer. Provided always as follows :

a) Failure of the Engineer's Representative to

disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof.

b) If the Contractor shall be dissatisfied by reason of

any decision of the Engineer's Representative he shall be entitled to refer the matter to the Engineer who shall thereupon confirm, reverse or vary such decision.

ASSIGNMENT AND SUBLETTING Assignment:

3. The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or hereunder (otherwise than by a charge in favour of the Contractor's Bankers of any monies due or to become due under this Contract) without the prior written consent of the PWA.

Sub-letting 4. The Contractor shall not sub-let the whole of the Works.

Except where otherwise provided by the Contract the Contractor shall not sub-let any part of the Works without the prior written consent of the Engineer (which shall not be unreasonably withheld) and such consent if given shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any sub-contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. Provided always that the provision of labour on a piecework basis shall not be deemed to be a sub-letting under this clause.

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EXTENT OF CONTRACT

Extent of Contract 5. The Contract comprises the construction, completion and maintenance of the Works and except in so far as the Contract otherwise provides the provision of all labour, materials, Constructional Plant, Temporary Works and everything whether of a temporary or permanent nature required in and for such construction, completion and maintenance so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.

CONTRACT DOCUMENTS Language

6. 1) All documents shall be rendered in either the Arabic or the English language.

If the documents are rendered in both the English and Arabic languages then the Arabic language version shall take precedence at all times.

Documents Mutually Explanatory

6. 2) Except if and to the extent otherwise provided by the Contract the provisions of these Conditions of Contract shall prevail over those of any other document forming part of the Contract and the provisions of the Specification shall prevail over the details shown on the Drawings and the provisions of the Specification and the details shown on the Drawings shall prevail over the descriptions given in the Bills of Quantities.

Subject to the foregoing the several documents forming the Contract are to be taken as mutually explanatory of one another but in case of ambiguities or discrepancies which the Contractor did not and had reason not to anticipate then the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions directing in what manner the work is to be carried out. Provided always that if in the opinion of the Engineer compliance with any such instructions shall involve the Contractor in any expense which by reason of any such ambiguity or discrepancy the Contractor did not and had reason not to anticipate the Engineer shall certify and the PWA shall pay such additional sum as may be reasonable to cover such expense.

Custody of Drawings

7. 1) The Drawings shall remain in the sole custody of the Engineer but two copies thereof shall be furnished to the Contractor free of cost. The Contractor shall provide and make at his own expense any further copies required by him. At the completion of the Contract the Contractor shall return to the Engineer all drawings provided under the Contract. The Contractor shall prepare all further detail

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sketches and schedules which he may require supplementary to the drawings supplied by the Engineer.

The Contractor shall give adequate notice in writing to the

Engineer or the Engineer's Representative of any further drawings or Specification that may be required for the execution of the Works or otherwise under the Contract.

One Copy of Drawings to be kept on Site

7. 2) One copy of the Drawings furnished to the Contractor as aforesaid and one copy of all supplementary documents as Clause 7 (3) hereof shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and the Engineer's Representative and by any other person authorized by the Engineer in writing.

Drawings, etc., to be provided by the Contractor

7. 3) The Contractor shall prepare and make all detailed shop drawings, working drawings, as-built record drawings, technical data, detail sketches or other supplementary information which the Contractor shall be stipulated to prepare in accordance with the Specification or other Contract Documents.

The Contractor shall furnish the Engineer free of cost with

any such supplementary drawings or information which the Contractor shall have prepared as aforesaid or which the Contractor may have prepared in accordance with Clause 7 (1) hereof. The submission to and approval by the Engineer or the Engineer's Representative of such supplementary drawings or information shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

All as-built record drawings shall be supplied by the

Contractor on polyester film or other durable and easily reproducible medium, approved by the Engineer.

Further Drawings and Instructions

8. The Engineer shall have full power and authority to supply to the Contractor from time to time during the progress of the Works such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the Works and the Contractor shall carry out and be bound by the same.

GENERAL OBLIGATIONS Contract Agreement

9. The Contractor shall when called upon so to do enter into and execute a contract agreement (to be prepared at the cost of the PWA) in the form annexed with such modifications as may be necessary.

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Performance Bond

10. The Contractor shall within twenty eight (28) days from the notification of acceptance of his tender and prior to signing the Contract Agreement obtain the guarantee of a Bank to be jointly and severally bound with the Contractor to the PWA in the sum stated in the Tender and the Appendix thereto for the due performance of the Contract under the terms of a Bond and the said Bank and the terms of the said Bond shall be such as shall be approved by the PWA and the obtaining of such guarantee and the cost of the Bond to be so entered into shall be at the expense in all respects of the Contractor unless the Contract otherwise provides.

The Performance Bond shall remain valid from the date of signature of the Contract until ninety (90) days after the end of the Maintenance Period and shall be extendable on demand of the PWA without regard to any objection from the Contractor if the works are incomplete by the prescribed completion date.

The said Bank shall be a bank approved by the PWA and shall be a Bank with a registered office in Qatar.

A Bond provided by an Insurance Company shall not be acceptable to the PWA.

Failure to furnish the required Performance Bond within the specified time shall result in the PWA exercising its right to cancel the tender and confiscate the tender bond in addition to the penalties provided by Tenders and Auctions Regulations of PWA.

If the tenderer fails to sign the contract on the fixed date or if he withdraws for any other cause without any strong reason accepted by the Tenders Committee he shall be liable for any of the following penalties:-

1) Warning;

2) Lowering his category;

3) Striking-off his name from the Register for a certain period or permanently;

4) Confiscation of the securities/guarantees (tender bond or performance bond);

A decision by the Chairman / General Manager of the Tenders Committee shall be issued imposing these penalties on the basis of a proposal by the Tenders Committee.

Inspection of Site 11. The Contractor shall be deemed to have inspected and

examined the Site and its surroundings and to have satisfied himself before submitting his Tender as to the nature of the ground and sub-soil the hydrological and

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climatic conditions, the form and nature of the Site, the quantities and nature of the work and materials necessary for the completion of the Works and the means of access to the Site, the accommodation he may require and in general shall be deemed to have himself obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect his Tender.

No claims will be considered on the grounds of lack of information thereof.

Sufficiency of Tender

12. 1) The Contractor shall be deemed to have satisfied himself before tendering as to correctness and sufficiency of his Tender for the Works and of the rates and prices stated in the priced Bills of Quantities and the Schedules of Rates and Prices (if any) which rates and prices shall (except in so far as it is otherwise hereinafter provided) cover all his obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the Works.

Adverse Physical Conditions and Artificial Obstructions

12. 2) If during the execution of the Works the Contractor shall encounter physical conditions (other than weather conditions or conditions due to weather conditions) or artificial obstructions which conditions or obstructions could not have been reasonably foreseen by an experienced Contractor, the Contractor shall forthwith and before such conditions or obstructions are disturbed give written notice thereof to the Engineer or Engineer's Representative and if in the opinion of the Engineer such conditions or artificial obstructions could not have been reasonably foreseen by an experienced Contractor then the Engineer shall certify and the PWA shall pay to the Contractor such sums as the Engineer shall certify :

a) To be the proper and reasonable expense of complying with any instructions which the Engineer may have issued to the Contractor in connection therewith and

b) Such other expense (if any) which the Contractor

may reasonably have incurred in carrying out the Works which would not have been incurred had such conditions or obstructions not been encountered.

Work to be to the Satisfaction of Engineer

13. Save in so far as it is legally or physically impossible the Contractor shall execute complete and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with and adhere strictly to the Engineer's instructions and directions on any matter (whether mentioned in the Contract or not) touching or concerning the Works. The Contractor shall take instructions and directions only from the Engineer or (subject to the limitations referred to in Clause 2 hereof)

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from the Engineer's Representative.

Programme to be Furnished

14. Within fourteen (14) days after the acceptance of his Tender the Contractor shall submit to the Engineer for his approval a programme showing the order of procedure and method in which he proposes to carry out the Works and shall whenever required by the Engineer or Engineer's Representative furnish for his information particulars in writing of the Contractor 's arrangements for the carrying out of the Works and of the Constructional Plant and Temporary Works which the Contractor intends to supply, use, or construct as the case may be. The submission to and approval by the Engineer or Engineer's Representative of such programme or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

The Engineer may direct the Contractor to revise the

programme to take due account of all factors affecting the progress of the Works. The Contractor shall submit the revised programme within the time specified by the Engineer and to his approval. Such approval will not relieve the Contractor of any of his duties or responsibilities under the Contract. When approved this programme shall then form part of the Contract Document.

Contractor's Superintendence

15. The Contractor shall give or provide all necessary superintendence during the execution of the Works and as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor's obligations under the Contract. The Contractor or a competent and authorized agent or representative approved in writing by the Engineer (which approval may at any time be withdrawn) is to be constantly on the Works and shall give his whole time to the superintendence of the same. If such approval shall be withdrawn by the Engineer the Contractor shall as soon as is practicable (having regard to the requirement of replacing him as hereinafter mentioned) after receiving written notice of such withdrawal remove the agent from the Site and shall not thereafter employ him again on the Site in any capacity and shall replace him by another agent approved by the Engineer. Such authorized agent or representative shall receive on behalf of the Contractor directions and instructions from the Engineer or (subject to the limitations of Clause 2 hereof) the Engineer's Representative.

Contractor's Employees

16. 1) The Contractor shall provide and employ on the Site in connection with the execution and maintenance of the Works.

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a) Only such technical assistances as are skilled and experienced in their respective callings and such sub-agents, foremen and leading hands as are competent to give proper supervision to the work they are required to supervise, and

b) Such skilled, semi-skilled and unskilled labour as is

necessary for the proper and timely execution and maintenance of the Works.

2) The Engineer shall be at liberty to object to and require the

Contractor to remove forthwith from the Works any person employed by the Contractor in or about the execution or maintenance of the Works who in the opinion of the Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Engineer. Any person so removed from the Works shall be replaced as soon as possible by a competent substitute approved by the Engineer.

3) The Agent and reasonable proportion of his technical assistants shall be able to speak English and a reasonable proportion of foremen shall have a working knowledge of the English language. In addition the Contractor shall ensure that a reasonable proportion of his foremen shall have a working knowledge of the Arabic language to enable proper supervision of Arab labour.

Setting out 17. The Contractor shall be responsible for the true and

proper setting-out of the Works in relation to original points lines and levels of reference given by the Engineer in writing and for the correctness (subject as above mentioned) of the position, levels, dimensions and alignment of all parts of the Works and for the provision of all necessary instruments appliances and labour in connection therewith. If at any time during the progress of the works any error shall appear or arise in the position levels, dimensions or alignment of any part of the Works the Contractor on being required so to do by the Engineer or Engineer's Representative shall at his own expense rectify such error to the satisfaction of the Engineer or Engineer's Representative unless such error is based on incorrect data supplied in writing by the Engineer or the Engineer's Representative in which case the expense of rectifying the same shall be borne by the PWA. The checking out of any setting out or of any line or level by the Engineer or the Engineer's representative shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all benchmarks, sight-trails, pegs and other things used in setting out the Works.

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Boreholes and Exploratory Excavation

18. If at any time during the execution of the Works the Engineer shall require the Contractor to make boreholes or to carry out exploratory excavation such requirement shall be ordered in writing and shall be deemed to be an addition ordered under the provisions of Clause 51 hereof unless a provisional sum in respect of such anticipated work shall have been included in the Bills of Quantities.

Watching and Lighting

19. The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Engineer or Engineer's Representative or by any duly constituted authority for the protection of the Works or for the safety and convenience of the public or others.

Care of Works 20. 1) From the commencement to the completion of the Works

the Contractor shall take full responsibility for the care thereof and all Temporary Works and in case any damage, loss or injury shall happen to the Works or to any part thereof or to any Temporary Works from any cause whatsoever (save and except the excepted risks as defined in sub-clause (2) of this clause) shall at his own cost repair and make good the same so that at completion of the Works shall be in good order and condition and in conformity in every respect with the requirement of the Contract and the Engineers' instructions. In the event of any such damage, loss or injury happening from any of the excepted risks the Contractor shall if and to the extent required by the Engineer and subject always to the provisions of Clause 65 hereof repair and make good the same as aforesaid at the cost of the PWA. The Contractor shall also be liable to for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 49 hereof.

Excepted Risks 20 2) The "Excepted Risks" are war hostilities, (whether war be

declared or not) invasion act of foreign enemies, rebellion, revolution, insurrection or military or usurped power civil war or (otherwise than among the Contractor's own employees) riot commotion or disorder or use or occupation by the PWA of any portion of the works in respect of which a Certificate of Completion has been issued or a cause solely due to the Engineer's design of the Works (all of which are herein collectively referred to as "the Excepted Risks").

Insurance of Works, etc

21. 1) Without limiting his obligation and responsibilities under Clause 20 hereof the Contractor shall insure in the joint names of the PWA and the Contractor against all loss or damage from whatever cause arising (other than the Excepted Risks) for which he is responsible under the

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terms of the Contract and in such manner that the PWA and Contractor are covered during the period of construction of the Works and are also covered during the Period of Maintenance for loss or damage arising from a cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage occasioned by the Contractor in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 49 hereof :

a) The Works and the Temporary Works to the full value of such works executed from time to time plus 10% to cover any additional expenses of and incidental to the demolition, removal, restoration or repair of any such loss or damage.

b) The materials Constructional Plant and other things brought on to the Site by the Contractor to the full value of such materials Constructional Plant and other things.

c) All plant, equipment and materials of any kind being provided under separate contract or by Nominated Sub-Contractors for incorporation in the Works from the time such plant, equipment and materials are taken over by the Contractor at the port workshop or place of manufacturing as the case may be until delivery to Site and thereafter in accordance with sub-paragraphs (a) and (b) above.

Such insurances shall be effected with an insurer and in

terms approved by the PWA (which approval shall not be unreasonably withheld) and the Contractor shall whenever required produce to the Engineer or the Engineer's Representative the policy or policies of insurance and the receipts for payment of the current premiums. Provided always that without limiting his obligations and responsibilities as aforesaid nothing in this clause contained shall render the Contractor liable to insure against the necessity for the repair of reconstruction of any work constructed with materials or workmanship not in accordance with the requirements of the Contract.

Damage to Persons and Property

22. 1) The Contractor shall (except if and so far as the Specification provides otherwise) indemnify and keep indemnified the PWA against all losses and claims for injuries or damages to any person or any property whatsoever (other than surface or other damage to land being or crops being on the Site suffered by tenants or occupiers) which may arise out of or in consequence of the construction and maintenance of the Works and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto. Provided always that nothing herein contained shall be deemed to render the Contractor liable for or in respect of or to indemnify the PWA against any compensation or damages for or with respect to :

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a) The Permanent use or occupation of land by the

Works or any part thereof or (save as hereinafter provided) surface or other damage as aforesaid.

b) The right of the PWA to construct the Works or any

part thereof on, over, under or through any land.

c) Interference whether temporary or permanent with

any right of light airway or water or other easement or quasi-easement which is unavoidable result of the construction of the Works in accordance with the Contract.

d) Injuries or damage to persons or property resulting

from any act or neglect done or committed during the currency of the Contract of the PWA, PWA Agents, servants or other contractors (not being employed by the Contractor) or for or in respect of any claims, demands, proceedings, damages, costs, ch

Technical Submission Vol 1 Part 1

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Transcript of Technical Submission Vol 1 Part 1