Document I Tendering Procedures PDF
Document I Tendering Procedures PDF
Document I Tendering Procedures PDF
At Messilah, Kuwait
CONSTRUCTION OF
ABDUL AZIZ MUBARAK AL-HASSAWI RESIDENCE
AT MESSILAH, KUWAIT
DOCUMENT I
TENDERING PROCEDURE
Owner:
Project Manager:
Consultant:
CONSTRUCTION OF
ABDUL AZIZ MUBARAK AL-HASSAWI RESIDENCE
BP-5a.1 - Interior Finishes (Marble Works)
DOCUMENT I: TENDERING PROCEDURES
INDEX
DOCUMENT I-1: INVITATION TO TENDER
I/2
I/7
I/13
I/18
I/21
I/25
I/27
I/28
I/32
I/34
I/36
I/37
0B
Tendering Procedure
I/1
CONSTRUCTION OF
ABDUL AZIZ MUBARAK AL-HASSAWI RESIDENCE
BP-5a.1 - Interior Finishes (Marble Works)
DOCUMENT I: TENDERING PROCEDURES
DOCUMENT I-1
INVITATION TO TENDER
Messrs,
On behalf of Mr. Abdul Aziz Mubarak Al-Hassawi (hereinafter referred to as the Employer), M/s.
Project Analysis and Control System Company (PROJACS International), P.O. Box 25944 Safat,
13120 Kuwait, Tel: 22439255, Fax: 22409897, on behalf of the Employer has the pleasure to invite you
to submit your best offer in competition for the Works of BP (5a.1 ), Interior Finishes (Marble Works)
for Abdul Aziz Mubarak AL-Hassawi Residence, proposed to be built at Messilah- Kuwait, on a fixed
lump sum basis in accordance with the following relevant Documents.
DOCUMENT
TENDERING PROCEDURE
DOCUMENT
II
CONDITIONS OF CONTRACT
DOCUMENT
III-1
GENERAL SPECIFICATIONS
DOCUMENT
III-2
DOCUMENT
III-3
DRAWINGS
DOCUMENT
III-4
BILLS OF QUANTITIES
DOCUMENT
III-5
ANALYSIS OF PRICES
DOCUMENT
III-6
Tendering Procedure
I/2
The Tenderer will be deemed to have full and complete knowledge of the entire contents of this Document
as well as other Tender Documents and that all such contents have been taken into consideration and
included in the preparation of his Tender Sum. No claim on the basis of lack of knowledge will be
entertained.
1.
The Tender must be completed in all respects in accordance with the Instructions to Tenderers
and submitted as directed in the invitation covering letter. Any Tender received after this date and
time shall not be entertained.
2.
The Tenderer shall fill the enclosed Bid Acknowledgement form and fax it to + 965 22416039
Engineer Office on/or before date established in the invitation.
3.
The value of the Performance Bond shall be Ten percent (10%) of the Lump sum Contract
Amount and shall be valid till completion of Contract period plus 90 days. The Performance bond
shall be present on day of signing the contract.
5.
The overall period of completion of the Works under Bid Pack 5a.1 shall be Six Hundred (600)
calendar days, which shall be inclusive of the Contractor's mobilization period and shall be
calculated from the "Date of Enterprise. The date of Enterprise (also called as the Date of
Commencement) shall be established by the Employer & informed to the Contractor in
writing, upon signing the Contract.
6.
The amount of Liquidated Damages payable by the Contractor to the Employer for noncompletion of the Bid Pack 5a.1 Works within Six Hundred calendar days from the date of
enterprise or Extension of Time granted, shall be Euro 15,000/= (Euro: Fifteen Thousand )
only for each and every day of delay subject to a maximum of 10% (Ten Percent) of the Contract
Price.
7.
Retention shall be to the amount of 10% (Ten Percent) of the certified value of executed works
plus 10% of the admitted value of the approved materials on site. After satisfactory Substantial
Completion of the Works the Employer shall release 5% of the Retention Money. For the
Remaining 5% of retention money the Employer, at their option, may release part or whole
of such retention against bank guarantee of equal value, valid till the completion of the
defect liability and maintenance period. The Employer shall not be bound to release
remaining 5% (partial or full retention money) prior to completion of the defect liability and
maintenance period.
8.
The Tender shall remain valid for a period of ninety (90) days with effect from the date stated in
item (1) above or any extended date of the Tender submission and shall be irrevocable and
binding from the date of submission up to the date of expiry of its validity. No
alternations/alterations to prices will be considered after the date of submission.
Tendering Procedure
I/3
9.
The defects liability and maintenance period shall commence from the issue date of substantial
completion certificate of the work by the Engineer and shall span Three Hundred & Sixty Five
(365) calendar days for all the works from the date of Substantial Completion.
10.
The Tenderer shall submit all queries to the offices of The Engineer, Fax: + 965 22416039. Or
through following emails.
Attn :
Cc :
11.
All Tenderers shall submit their queries regarding the tender to address all concern in pre tender
stage. The submission and procedure and dates as mentioned in the invitation letter. All the
tenderer shall be provided collectively clarifications and necessary answers and any addendum if
required to be issued. All tenderer shall be considered to have obtained full knowledge and the
requirements of the works.
12.
Advance Payments equivalent to Ten Percent (10%), of the Contract Amount as stipulated in
Document I-3 Form of Tender and Appendix may be made by the Employer to the Contractor at
the beginning of the Contract, against an unconditional Bank Guarantee for the same amount
shall be available to the contractor upon approval of the following as specified:
1.
2.
3.
Performance bond.
Contractors senior technical and management staff Approvals.
Preliminary Works Schedule
13.
The Tender is a lump sum contract in accordance with Document I Tendering Procedure and
clause 55(2) of the Particular Conditions of contract and total figure of Document III-4 Bills of
Quantities must be equal to the offer on the Form of Tender (I-3).
14.
Tenderers are to note that the Bills of Quantities have been prepared as a guide only and
Tenderers are responsible to check verify quantities and details according to the tender drawings
prior to the submission of their tender and make themselves satisfied with their bid, which
deemed to be included scope and details of all works and associated works and be fully
acquainted with the requirements of the works to be executed and all matters pertaining to the
conduct of the contract and the Contractors obligations there under, particularly that stringent and
comprehensive "nightly-lit" and safety precautions have to be put in place before any works can
begin at site. These safety precautions have to be kept in place and augmented as necessary
throughout the duration of the contract. The work that requires coordination/cooperation with and
from the Employers of neighboring properties, other contractors employed by the Employer and
Engineer or Engineer Representatives and may require some work to be carried out under
restrictive conditions of working hours and space have to be considered and included by the
Tenderer in his lump sum contract price. The submission of a Tender shall be considered as an
undertaking by the Tenderer that if his Tender is accepted, then he shall execute all these works
and provide all materials permanent or temporary, manpower, plant & equipment and other things
necessary for the due performance of the works, strictly in accordance with the Tender
Documents.
Tendering Procedure
I/4
15.
Any information made available to the Tenderer, either in these documents or any other medium
of communication will not relieve the Contractor of his responsibility to decide for himself the
nature and extent of the work, nor it will guarantee that similar conditions will apply on other parts
of the site.
16.
All Bank Guarantees to be provided by the Tenderer shall be obtained from International bank
with affiliation / corresponding bank in Kuwait. Such Guarantees needs to be verified or provided
coverage from the local (Kuwaiti) banks.
17.
The Tender Participation is limited only to the Nominated Contractor who may receive the
Invitation.
18.
The Tenderer shall submit a complete list of his proposed sub-contractors/suppliers along with
the tender submission as per I-11.
19.
The Tenderer shall be fully responsible for all expenses and costs incurred in the preparation of
his Tender not limited to site visit, any meeting(s) attended in Kuwait including cost of visa,
accommodation, transportation or any related cost during tendering procedure. No claim or
expense(s) shall be reimbursed to the Tenderer, whether or not the contract awarded to him.
20.
Employer is not obliged to award the Project to the lowest bidder or any other one, and the
Employer may do so without assigning any justification.
21.
22.
The Tenderers are asked to provide the corporate mailing and principle e-mail addresses, and the
telephone and facsimile numbers of the Tenderers main offices. The Tenderers are also asked to
provide the direct telephone and facsimile numbers, and e-mail addresses, of the primary contact
during the evaluation process, and of the person responsible to negotiate the Contract with the
Company.
23.
Tenderer allowed to coordinate (only for unskilled labours and logistic supports) with any local
company but cannot sublet the complete or part of the works without prior consent of Engineer /
Employer. Tenderer should clearly notified their arrangements with local entities (if any) with all
relevant details such as prequalification, contact details, experience, financial status etc. All
liabilities under the tender / contract documents shall solely remain to the invited Bidder / tenderer
or successful contractor only.
24.
Tenderer shall study all drawings and tender documents in conjunction to determine full scope of
works under this package and deemed to be included in his prices all major or minor details of
fixation coordination all aspect (Architectural, structural etc.) with other trades / finishes material
or items.
Tendering Procedure
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To
Engineer Office
Facsimile No. + 965 22416039
Attn
Engineer
Re
We hereby acknowledge receipt of your letter of invitation concerning the above, and intend to submit:
Incase of accepting invitation to participate in Bid.
1.
Bid
_____
Our offer will reach the Employer on ______________________________________
For all information concerning this BID please contact:
Mr.:
_____________________________________________________________
Tel.:
_____________________________________________________________
Fax.:
_____________________________________________________________
______________________________________________________
Name:
______________________________________________________
Company:
______________________________________________________
Date:
______________________________________________________
Tendering Procedure
I/6
DOCUMENT I-2:
INSTRUCTIONS TO TENDERERS
FOR
TO
ARTICLE 1
The object of the tender is to submit bids for the CONSTRUCTION OF INTERIOR FINISHES (MARBLE
WORKS) FOR ABDUL AZIZ MUBARAK AL-HASSAWI RESIDENCE at Messilah - Kuwait, on a Fixed
Lump sum basis in accordance with the following Documents:
DOCUMENT
TENDERING PROCEDURE
DOCUMENT
II
CONDITIONS OF CONTRACT
DOCUMENT
III-1
GENERAL SPECIFICATIONS
DOCUMENT
III-2
DOCUMENT
III-3
DRAWINGS
DOCUMENT
III-4
BILLS OF QUANTITIES
DOCUMENT
III-5
ANALYSIS OF PRICES
DOCUMENT
III-6
ARTICLE 2
1.
The Tenderer must indicate his address. All correspondence, notices and judicial summons
addressed to him at this address shall be considered as proper notification. He must notify the
Employer officially of any change in this address.
Tendering Procedure
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ARTICLE 3
1.
Tender shall be clearly established in ink in the English language, with no striking out, erasing or
inter-lineation.
2.
Any striking out, erasing, inter-lineation or changes made by the Tenderer whether in the
individual prices, multiplication, total price amounts or anything else must be made by deleting the
wrong figure or statement with red ink and re-writing the correction both in figure and in words
with red ink. The Tenderer's signature together with the stamp of the company must be affixed
close to these corrections.
3.
The Tender shall be signed either by the Tenderer personally or by his Attorney. If the Tenderer is
a Company, then the signatory on its behalf shall prove that he is authorized by such a Company
and is vested with relevant legal power. In the case of an Attorney, a Power of Attorney
authorizing the required power shall be annexed to the Tender. In all cases, such Power of
Attorney or other requisite authority shall be duly certified by the Notary Public or other competent
officer and shall be certified (in serial number) by competent authorities.
ARTICLE 4
(2)
(4)
A certified copy of the Power and Authorization vested in the signatory of the Tender.
Part 2: In another sealed box/envelope titled Part 2 the Tenderer shall put originals of the following items
(5) thorough (16).
(5)
The Contractors Proposed Organization Chart showing the key senior personnel to be
employed on Site and indicating their technical and operational responsibility as well as
their level of authority. All designations required by Document I-5 shall be shown on the
Chart, as the minimum Staff to be employed on Site by the Contract.
(6)
(7)
(8)
Tendering Procedure
I/8
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
DOCUMENT I:
DOCUMENT II-2:
DOCUMENT III-2:
DOCUMENT III-2A:
DOCUMENT III-4:
DOCUMENT III-5:
DOCUMENT III-6:
The Tenderer shall fill in and sign these Documents as required and shall stamp each page and thereafter
put in the envelopes or boxes which shall be closed by red sealing wax without affixing any writing or sign
indicative of the Tenderer on the cover.
PART 3:
In an envelope or a parcel, the Tenderer shall put all the Tender drawings (Document III-3),
etc., for this Project after stamping each one of them. The envelope or parcel shall be closed
with red sealing wax and shall bear an inscription showing the title and number of the Tender
and the full name and address of the Tenderer.
IMPORTANT :
Tenderer shall submit a white marble (Bianco P) sample size of 50 x 50 cm along with all other
marble technical specifications and test reports.
Tenderer shall submit written confirmation of the availability of sufficient quantities to meet a
demanding construction schedule also confirm the homogeneous characteristics of the Marbles
with respect to color, texture etc.
Tendering Procedure
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ARTICLE 5
BASIC STIPULATION
1.
Strict compliance with all provisions and conditions of the Documents of this Tender is a basic
stipulation for the retention and vetting of the Tender.
2.
The Employer reserves the right to reject any Tender which includes any vitiation or reservation in
respect of any item contained in the Documents or omission of any of the Documents.
3.
Should the Tenderer affect any decrease or increase in his Total Tender Price or in the rate of
any Tender item, he shall indicate such decrease or increase in both, the Bills of Quantities
(Contractors Bill of Adjustment) and the Form of Tender. Any decrease or increase offered in a
separate letter or in any of the Tender Documents, apart from Bills of Quantities and Form of
Tender shall not be entertained and shall in no way be approved.
4.
The Tenderers are to note that the Bills of Quantities have been prepared without guarantee as to
the complete accuracy of the quantities or that all aspects of the Project are covered within
descriptions or items of Bills of Quantities. All the Documents are complementary to each other
and hence the Tenderers are to submit a Lump Sum Tender which covers everything included in
any of the Drawings, Specifications, Contract Conditions, Bills of Quantities and up to date
Government Authorities regulation in connection with the Contract Work.
5.
It is also to be noted that the Drawings, Bills of Quantities, Specifications and all other Contract
Documents are complementary and if any item is included in any one of those, should be
considered as if it is included in all.
6.
The Lump Sum figure inserted by the Tenderer in his Tender shall be the total sum of all items
including Provisional Sums (unless notified otherwise), Prime Cost Sums and the items/amounts
inserted in the Tenderer's Adjustment Schedule, if any. Any arithmetical errors should be
corrected.
Also any unreasonable/excessive unit rates should be adjusted and adjustment should not have
impact on the correctly total lump sum figures (i.e. The Tenderer may be required to revise his
rates in order to tally with the lump sum figure).
The Lump Sum figure inserted in the Contract will only be adjusted in case of variation authorized
by the Engineer and/or the Employer, to cover additional works not specified or not shown on any
of the Contract Documents or to omit specified work or part of work. The rates in the Bills of
Quantities and Adjustment Schedules (Adjusted to include the Tenderer's Adjustment, if any)
shall be used for variation evaluation.
7.
All rates and extensions must be quoted in Euro. The total lump sum price of the Tender is
considered binding for the completion & maintenance of all the works as stipulated in these
documents.
8.
The Tenderer shall notify the Employer/Engineer, in writing, of any repeated items they find in the
Tender Documents during the Tendering period and get it rectified / clarified by the
Employer/Engineer in writing prior to submitting his Tender.
Tendering Procedure
I/10
ARTICLE 6
REVIEW OF TENDERS
1.
The Employer/Engineer shall open the Tenders in order to study their contents and the regularity
of all their Documents and then shall proclaim the prices contained therein. They shall then
proceed with the study of each retained Tender.
2.
The Tenderer shall be bound by their Tenders for a period of Ninety (90) days from the date of
the tender submission. The validity of the Tender shall be extended for further Ninety (90) days if
requested by the Employer/Engineer.
3.
The Employer shall be at liberty, either to annul or to award the Tender, and the Tenderer shall
not be entitled to claim any indemnification, expenses, costs or interests whatsoever.
4.
The Employer reserves the right to choose more than one bidder from the tenders submitted.
Consequently, the works may be assigned into as many packages as may be considered
necessary.
5.
It is expressly understood that all arrangements prior to signing the Contract are only preliminary
arrangements neither binding on the Employer with any commitment nor imparting the Tenderer
any right to claim any indemnification, loss, interest, expense, etc., whatsoever.
ARTICLE 7
1.
The Employer, or its authorized representative shall require the successful Tenderer to sign the
Contract Agreement within a period of time defined by the Employer through the letter of intent.
The Tenderer shall present the required Performance Bond and sign the Contract within this
period of time.
2.
Should the successful Tenderer fail to present the Performance Bond and sign the Contract within
the period specified, the Tenderer shall forfeit his Initial Bond without prejudice to the Employer's
right to sue for indemnities and damages. In such case, the Employer may cancel the Tender, retender it, or award the Tender to another Tenderer.
3.
The Contract shall be considered valid from the date on which both parties affix their respective
signatures thereto.
4.
The successful Tenderer will be notified in writing by the Employer that his tender has been
accepted. The initial bank guarantee will be returned to all unsuccessful Tenderers upon the
approval of the successful Tenderer and upon the signing of the contract.
5.
The Employer in the event of withdrawal of the successful Tenderer, may at his own discretion
consider the abolition or the re-invitation of Tender or awarding the contract to any other
Tenderer.
Tendering Procedure
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ARTICLE 8
The Contract shall be considered as concluded in the State of Kuwait and shall in all respects be
authorized and operated in accordance with Kuwait Law.
Read, agreed and signed by:
THE TENDERER
Signature
Signed by (Name)
Capacity
Dated this
...
COMPANY STAMP
Tendering Procedure
I/12
DOCUMENT I-3 :
FOR
TO
Gentlemen,
We, the undersigned, hereby declare that we have carefully studied the Invitation, Instruction to
Tenderers, Form of Agreement, Conditions of Contract, Specifications, Drawings, Bills of Quantities and
all other Tender Documents of the above Tender and that we accept without any reservation all the
contents of the said Documents and undertake the following:
1.
Having read and examined the Tender Documents including but not limiting to the Invitation to
Tender, Instruction to Tenderers, Form of Agreement, Appendix to form of agreement, Conditions
of Contract, Specifications, Bills of Quantities, the Drawings and any Addenda thereto issued
during the course of the tendering period, for the supply, installation, Completion, testing and
Maintenance of ABDUL AZIZ MUBARAK AL-HASSAWI RESIDENCE PROJECT; BP- 5a.1
Interior Finishes (Marble Works) proposed to be constructed in Messilah - Kuwait, we the
undersigned offer to construct, co-ordinate, complete and maintain the whole of the said works, in
conformity with the Tender Documents and Addenda for a lump sum contract price of
(Euro) ..(In Words) Euro ..
2.
We hereby agree and declare without reservation whatsoever that we will execute the said works
in conformity with the conditions contained in all the documents of the Tender, having understood
the meaning and the scope of all such documents precisely and clearly and having considered
them as one indivisible whole and the various Documents, Conditions, Clauses, Specifications,
Drawings and Bills of Quantities as mutually complementary and explanatory and this after having
evaluated for ourselves at our entire responsibility, the nature and difficulties of the said works, in
addition to all requirements and code of practice of the various Authorities, Municipality and
Ministries of the Government of Kuwait.
3.
We abide by the Fixed Lump Sum Amount shown in item (1) above for a period of Ninety (90)
days from the date of the Tender submission and the extended Tender validity duration as stated
in Article (8) of the Invitation to Tender (Document I-1) and in item 2 of Article (6) of the
Instructions to Tenderers (Document I-2).
4.
To complete the contracting requirements with the Employer upon Notification of Award of Tender
(Letter of Intent).
5.
To execute all the works and the Contract requirements satisfactorily and according to the
approved time schedule and the programme.
6.
We undertake, if our tender is accepted, to immediately commence the works, seeking all the
permissions and licenses, possession of site and other facilities as stated in Appendix. The
Completion Period also includes all Friday and Public Holidays and other non-working days
including and occurring due to inclement weather and/or reduced hours due to Ramadan.
Tendering Procedure
I/13
7.
Employer is not liable for any costs, expenses, interest or other changes incurred in submitting
our Tender.
8.
9.
We understand that the Employer is not bound to accept the lowest or any tender or to assign a
reason for the rejection of any Tenderer.
We acknowledge that this "FORM OF TENDER" and Appendix is an integral part of the Tender
Documents.
THE TENDERER
Signature
Signed by (Name)
Capacity
Dated this
..
COMPANY STAMP
Tendering Procedure
I/14
DOCUMENT
I-3
FOR
TO
1.
2.
3.
Amount of
Performance Bond
I-1.Cl.4
Cl.10
Date of
Commencement
Cl.1.1m
& Cl.41
Time of Completion
Cl.43
4.
5.
Maintenance &
Defects Liability
Period
6.
Percentage of
Retention
Cl.60.2.f
7.
Advance Payment
C1.60.2.h
8.
Minimum
Payable : 150,000/= (Euro One Hundred & Fifty
amount of interim
Thousand only)
certificate excluding
repayment of advance
paid.
Cl.47.(1)
Cl.49
Cl.60.2.a
Tendering Procedure
I/15
Clause Reference
Doc.I
Doc. II-I
9.
11. Insurances
%Overhead%of Cost
Cl.60.2.h
Cl.60.2.b.ii
I-3.App
..
I-3.App
Tendering Procedure
I/16
THE TENDERER
Signature
Signed by (Name)
Capacity
Address
Dated this
...
COMPANY STAMP
Tendering Procedure
I/17
DOCUMENT I-4:
FOR
TO
These Schedules and the Tenderers statement following these notes form part of the Tender
Documents. They are to be completed in detail by the Tenderer.
2.
The details inserted by the Tenderer on these Schedules will be taken into consideration when
accepting a Tender for this Project. It should be noted that the words "as required" or other
similar will not be acceptable in the completion of the Schedules.
3.
If the details inserted by the Tenderer are not considered suitable or adequate, this may lead to
rejection of the Tender.
4.
In the event that any Tender is received without these Schedules or statement duly completed,
such Tender may be rejected.
5.
In the case of the successful Tenderer, the approved Schedules will form part of the Contract
Documents.
6.
It should be clearly understood at the tender stage that the plant and equipment as detailed on the
Schedules must be made available for the execution of the Contract. In the event of any item of
plant included in the Schedule not being available when required, then the Contractor shall submit
within 7 (seven) Calendar days, details of alternatives for approval by the Engineer. Such
alternatives shall be at least equal to those detailed in the attached Schedules. Any breach of these
requirements may lead to cancellation of the Contract. Provision of official proof for Contractors
Ownership of these plant and equipment is a must.
7.
It is emphasized that the list of plant and equipment submitted by the Tenderer as detailed on the
Schedule will be considered as minimum needed, and do not relieve him in any way of his liability
under the Contract to provide all resources necessary for the satisfactory completion of the Works
within the Contract Time
8.
The Tenderer shall indicate the number of items of plant to be on site for the execution duration for
those on Site for limited periods, and contractor shall be fully responsible for all consequences
damages and impact due to absence of any of the Contractors Equipment according to the
approved Time Schedule of the project.
9.
The Contractor shall make available at site (except of those are mentioned in contract documents as
provided by the Employer) an adequate and safe labour / material / plant & Equipment hoist for
vertical transportation and construction purposes.
Tendering Procedure
I/18
TENDERER'S STATEMENT
We, the undersigned hereby confirm that:
A.
We are desirous of entering into a Contract for which this Tender is submitted and in accordance
with the Tender Documents submitted by us, and
B.
In the event of our Tender being successful then the plant and equipment as detailed by us on the
attached schedules will be made available for the execution of the Contract, subject to Item 6
above.
THE TENDERER
Signature
Signed by (Name)
Capacity
Address
Dated this
...
COMPANY STAMP
Tendering Procedure
I/19
DOCUMENT
I-4
FOR
TO
Type of
Plant/
Equipment
Min.
Nos.
Capacity
Manufacturer
Year of
manufacture
Duration
Available
on Site
Present
Location
Condition
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Tenderer shall provide list of necessary plant and equipment for execution of works of Bid Package 5a.1
will be made available during construction.
Tendering Procedure
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DOCUMENT
I-5
FOR
TO
These Schedules and the Tenderer's statement following these notes form part of the Tender
Documents. Those are to be completed in details by the Tenderer.
2.
The details inserted by the Tenderer on these Schedules will be taken into consideration when
accepting a Tender for this Project. It should be noted that the words "as required" or other
similar will not be acceptable in the completion of these Schedules.
3.
If the details inserted by the Tenderer are not considered suitable or adequate, this may lead to
rejection of the Tender.
4.
In the event that any Tender is received without these Schedules or statement duly completed,
such Tender may be rejected.
5.
In the case of the successful Tender, the approved Schedules will form part of the Contract
Documents.
6.
It should be clearly understood at the tender stage that the staff as detailed on the Schedules
must be made available for the final approval of the Engineer and the execution of the Contract.
In the event of any person included in the Schedules not being available as required per the
Construction Schedule, then the successful Tenderer shall submit within 7 (seven) days, details
of alternatives for the approval of the Engineer, such alternatives to be at least equal to those
detailed in the attached Schedules. Any breach of these requirements may lead to cancellation of
the contract.
7.
It is emphasized that the list of technical staff and operatives by the Tenderer as detailed on the
Schedules does not relieve him in any way of his liability under the Contract to provide all the staff
necessary for the satisfactory completion of the Works within the Contract Time.
Tendering Procedure
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TENDERER'S STATEMENT
We, the undersigned hereby confirm that:
A.
We are desirous of entering into a Contract for which this Tender is submitted and in accordance
with the Tender Documents submitted by us.
B.
In the event of our Tender being successful then the staff as detailed by us on the attached
schedules will be made available for the execution of the Contract, subject to Item 6 above.
THE TENDERER
Signature
..
Signed by (Name)
Capacity
Address
Dated this
...
COMPANY STAMP
Tendering Procedure
I/22
DOCUMENT
I-5:
FOR
TO
1
2
3
4
5
6
7
8
9
Category
Contractor's Representative/
Project Manager
Nos.
Full/Half
Time
Experience in
Years
(Minimum)
Fine for
Absence
(Euro)
Full Time
10 Years
300/Day
Note:
1.
For staff on part time, their working hours to be agreed with the Engineers Representative,
depending upon the requirement of the work.
2.
Staff classified As Required, period of requirement to be as per the requirement of the work and
to be agreed with the Engineers Representative.
3.
Tenderer shall provide complete list of minimum available technical and supervision staff at site
during Execution of the contracts works.
4.
Tendering Procedure
I/23
TO
List of all other staff and operatives to be employed by the Tenderer for the execution of the Contract. The
exact nature of the duties and the qualifications (if applicable) of each type of staff or operative is to be
specified. For plant operator, the type of plant is to be specified. The Tenderer shall indicate the number
of staff/operatives to be on Site for the whole Contract Period and the duration for those on Site for limited
periods.
---------------------------------------------------------------------------------------------------------------------------------------Staff/Operative
Number to be
Duration
Remarks
Supplied
------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------THE TENDERER
Signature
Signed by (Name)
Capacity
Date this
...
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TO
Contractors Name
Category
..
Description
Of Current
Projects
Name of
Employer
Value of
Contract
Date of
Contract
Type of Works
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We the undersigned hereby confirm that to the best of my/our knowledge this is a correct statement and
I/We understand that the Employer may reject my/our tender should it be found that this statement is not
correct.
THE TENDERER
Signature
Signed by (Name)
Capacity
Address
Dated this
...
COMPANY STAMP
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DOCUMENT
I-7
FOR
TO
Dear Sir,
OUR LETTER OF GUARANTEE NO.
We have the honor to inform you that we hereby guarantee in your favor Messrs. .
for
an
amount
of
Euro
...(. ..) such amount being the Performance
Bond/Guarantee for the satisfactory execution of the BP-5a.1 - Interior Finishes (Marble Works), Supply,
Installation, completion, testing and maintenance of ABDUL AZIZ MUBARAK AL-HASSAWI MANSION at
MISIELA -KUWAIT, for which they have been declared Contractor.
The present guarantee shall be effective from the date of issue for a period ending 30 days following the
date on which the defects liability and Final Maintenance Certificate of the Works of the above Contract
shall have been issued and recorded under your signature (and, if more than one such Certificate, the last
thereof). Unless we receive from you a written intimation to the effect that the Certificate has been issued,
our present guarantee shall remain in force. During the above period the present guarantee shall not be
cancelable without your authorization in writing.
We undertake to pay the amount of the present guarantee to your order at your first request and despite
any contestation on the part of Messrs ..
For the performance of our present undertaking, we choose as an address for service in Kuwait our own
Kuwait Branch/the office of Messrs. ...
Kuwait.
Yours faithfully,
Tendering Procedure
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DOCUMENT I-8 :
FORM OF AGREEMENT
FOR
TO
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Legal Clauses and Conditions of the Contract hereinafter to.
2.
The following Documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
2.1
2.2
DOCUMENT I :
TENDERING PROCEDURE
(Comprising Document I-1 to
I-13 inclusive)
2.3
DOCUMENT II :
CONDITIONS OF CONTRACT
2.4
II-1
II-2
DOCUMENT III :
TECHNICAL CONDITIONS
III-1
General Specifications
III-2
III-3
Drawings
III-4
Bills of Quantities
III-5
Analysis of Prices
III-6
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3.
Notwithstanding any provision in the Contract, the Employer shall be entitled to the benefit of the
provision of each and all the Documents constituting the Contract, cumulatively and collectively
(and not by way of alternatives). Waiver by the Employer of any of his rights, under any provision
shall not be construed as waiver of any other right in any other provision. Also, any delay by the
Employer in exercising any of his rights under any provision in this Contract shall not be
construed as waiver thereof.
4.
The Contractor under takes and warrants the following being allowed for under this agreement:-
a.
To employ the highest standards of workmanship, the best materials of their kind, and the highest
degree of proper and efficient superintendence for the works.
b.
To be responsible for coordinating his work with various Sub-contractors, nominated subcontractors and direct contractors of the Employer employed on the works, coordinating the work
between various trades, whether employed directly or on a sub-contract basis for the purpose of
obtaining all necessary information from sub-contractors etc., for the purpose of the overall
programming of the works by the Employer, supplying all the normal attendance to all subcontractors etc., and assuming the overall responsibility for the aforesaid.
5.
6.
The Employer hereby covenants to pay the Contractor in consideration of the Execution,
Completion, Testing, Commissioning and Maintenance of the Works, A Fixed Lump Sum all
inclusive Amount of ---------------------------(Euro ---------------------------------------------------------------------------) only, at the time and in the manner prescribed by the Contract Documents.
7.
Employer has the right to take-over the Project from the Contractor whenever the progress of
works shall fall 20% below than the scheduled target as per the approved programme of works.
8.
Contractor will not undertake any new activity/project which may hinder the progress of this
project.
9.
It is clearly understood that the time is a casual factor in this Contract and now both parties have
agreed upon the overall completion period of the works as per Article 5 of Invitation to Tender,
(Document I-1) and item 4 of Appendix to Form of Tender (Document I-3). It should be noted that
the time for completion of the works shall start from the date of Enterprise established by the
Employer and informed to the Contractor in writing and the Contractor agreed to bear all the
additional costs of supervision incurred by the Employer incase of delay beyond the agreed
completion period, which shall be in addition to the delay penalty. The Contractor agrees that
such penalties shall be deducted from any of the Contractors money due or which may become
due from the Employer, without any prior notice, warning or any legal proceedings.
10.
The agreed value of this contract includes (but not limited to), all the expenses incurred by the
Contractor to execute the works and the Contractor hereby confirms that during preparation and
submission of his Tender, he has included in this total price, all the possible and expected future
hike in prices, the cost of materials, shipping & Transportation costs, insurances, change in
currency exchange rates and the like during the execution period till the final completion and
maintenance of the works.
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12.
Incase the Contractor stops executing the works covered under this Contract without any prior
approval from the Engineer or delayed in completing the works beyond the agreed completion
time as per Article 5 of Invitation to Tender, (Document I-1) or do not execute the works in
accordance with the Contract Conditions and Specifications, the Employer has the right to
withdraw the works from the Contractor and execute the remaining works by any means on
Contractors own expense whatsoever may be and deduct such amount from any of the
Contractors money due or which may become due from the Employer, against this Contract or
any other Contract without any prior notice, warning or any legal proceedings and this shall not
mean that the Employers other rights have been waived off.
13.
The Contractor agrees that the monies due from him because of his failure in meeting with the
Conditions of this Contract such as Penalties, Claims, expenses or others, the Employer has the
right to deduct the same from the retention money or from any other monies due or which may
become due from the Employer against this Contract or any other Contract with the Employer or
with any other entity without any prior warning or legal proceedings.
14.
The Contractor shall be fully responsible for his labour, staff, any accidents or damage, bodily
injury, casualties occurred to them during the work execution or any other damage to his labour
etc. Employer will provided standard insurance coverage under the main insurance policies (All
Contractor Risk, Third Party and Workmen Compensation) for the project.
15.
This Contract shall be considered as concluded in the State of Kuwait and shall in all respect be
construed, governed and enforced in accordance with Kuwaiti Law and all parties confirm that
their addresses mentioned in this Contract shall be used to serve any legal notice for this
contract, unless otherwise advised in writing of any change.
16.
This Contract is concluded in Two copies signed by the above two parties. One copy shall be with
the Employer, one with the Engineer and the third copy with the Contractor. In case of any conflict
or difference(s) between the contents of these copies, the one with the Employer shall be
considered to be the correct one.
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IN WITNESS whereof the parties hereto have hereunder set their respective hands and seals the day,
month and year first written above.
Signed by the Employer
Signature
Signed By (Name)
..
Capacity
..
For
..
Signature
..
Signed by (Name)
Capacity
The Contractor
Address
Date this
Signature
Signed by (Name)
Address
In the presence of
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DOCUMENT
I-9
LIST OF DOCUMENTS
FOR
TO
TENDERER
The Tenderer must fill and sign the form as under, to clearly define all the documents included with his
Tender.
Document No.
Description
Of Document
No.
Reference
and Date
Remarks
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THE TENDERER
Signature
Signed by (Name)
Capacity
Address
Dated this
...
COMPANY STAMP
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DOCUMENT
I-10
LIST OF DRAWINGS
FOR
TO
TENDERER
The Tenderer must fill and sign the form as under, to clearly define all the drawings included with his
Tender.
Drwg #
Description Of Drawing
Remarks
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THE TENDERER
Signature
Signed by (Name)
Capacity
Address
Dated this
..
COMPANY STAMP
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DOCUMENT I - 11
FOR
TO
The Tenderer shall insert below the portions of the works he proposes to sub-let together with the names
and addresses of the respective Sub-Contractors and Specialists whom he proposes to employ. Full
details of each company shall be submitted with the tender.
Description of Works
Sub-Contractor
Name and Address
1
2
3
4
5
6
7
8
9
10
11
12
13
The provision of this information shall not relieve the tenderer whose tender is accepted from obtaining
the consent of the Employer and the Engineer prior to the Sub-letting of any part of the works or obtaining
the approval of the Employer and the Engineer for the Sub-Contractors he is proposing to employ.
Submit all pre qualifications and references for the above entities with the tender.
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DOCUMENT I - 12
FOR
TO
The Tenderer shall submit a preliminary bar chart program (schedule) projecting his strategy for the
construction of the project construction and in conformance to clause 4 of Document I-1.
The bar chart schedule shall indicate major activities. The Employer reserves the right to reject the Tender
in case of failure to submit the above.
The bar chart should briefly described all major skeleton activities off the site as cutting, curving
preparation of cut sheets / Shop drawings, shipment details etc.
Details and project priorities will be discussed and agreed with Project Manager and Engineer separately
after awarding of contract.
END OF SECTION
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