RFP- 2076015

LOW VALUE CONTRACT

TENDER DOCUMENT
for

LANDFILL MAINTENANCE AND REPAIRS

(SOUTH-EAST KUWAIT)
ENVIRONMENT REHABILITATION
PROGRAM UNDER UN LEGISLATION
FOR INDEMNIFICATION

Rev. Jan. 2014

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RFP No. 2076015

LOW VALUE CONTRACT FOR

LANDFILL MAINTENANCE AND REPAIRS
(SOUTH-EAST KUWAIT)

INDEX

GENERAL INSTRUCTIONS TO THE BIDDER

PARTICULAR INSTRUCTIONS TO THE BIDDER
APENDIX TO PARTICULAR INSTRUCTIONS TO THE BIDDER
APPENDIX-A : BID BOND AND PERFORMANCE BOND SPECIMENS
APPENDIX- B : CIVIL / CONSTRUCTION WORKS CRITERIA
APPENDIX- C : HSE CRITERIA
APPENDIX- D : BIDDER’S ORGANIZATION AND STRUCTURE

MEMORANDUM OF AGREEMENT
CONTRACT SPECIFICATION

APPENDIX TO CONTRACT SPECIFICATION

HSEMS GUIDELINES FOR CONTRACTORS & HSEMS

APPENDIX-A :
PROCEDURES
APPENDIX B : DISCLAIMER AND CLOSURE OF ACCOUNTS
APPENDIX C. : LIST OF INSURANCE COMPANIES

GENERAL CONDITIONS OF CONTRACT FOR SERVICE CONTRACT.

TECHNICAL SPECIFICATION

ANNEXURES TO TECHNICAL SPECIFICATION

ANNEXURE 1 TO TECHNICAL SPECIFICATION: OPERATIONS & MAINTENANCE MANUAL

ANNEXURE 2 TO TECHNICAL SPECIFICATION: DRAWINGS

FORM OF TENDER

ATTACHMENTS TO FORM OF TENDER

ATTACHMENT NO. 1 : BILL OF QUANTITIES

ANNEXURE 1 TO
ATTACHMENT NO. 1 TO METHOD OF MEASURMENT (MOM)
:
FORM OF TENDER

ATTACHMENT NO. 2 : DETAILS OF PERSONNEL AND EQUIPMENT

ATTACHMENT NO. 3 : PRELIMINARY HSE PLAN AND PROGRAM OF WORKS

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ATTACHMENT NO. 4 : BIDDER’S DECLARATION – STATEMENT & CERTIFICATE

ATTACHMENT NO. 5 : EMPLOYMENT OF KUWAITI NATIONALS
ATTACHMENT NO. 6 : BANK ACCOUNT DETAILS

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Memorandum of Agreement
Low Value Contract

Contract No.: ___________________

Title: LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

Contract made this __________________ day of ______________, 202 between Kuwait Oil Company (K.S.C.), having its
registered office at New Main Office Building No.800733, Main Street, North Ahmadi, Ahmadi, Kuwait, a Company registered in
Kuwait Register of Commerce under No. 21835, its legal successors and assignees of the one part (hereinafter called the
"Company”), and ____________________________________________ , having its registered office at
____________________________________ and registered in Kuwait Register of Commerce under No. ______________ , herein
called the "Contractor" of the other part.

WHEREAS the Company desires to have the Services executed and completed namely maintenance and repairs of Landfill
Facility in South East Kuwait (SEK).

AND WHEREAS, the Contractor is willing and able to perform the Services desired by the Company.
Now this agreement witnesses as follows:
1. The following documents shall constitute the entire agreement and the Contract between the parties:

a) this Memorandum of Agreement;

b) the Contract Specification and its Appendix A, B & C;
c) General Conditions of Contract for Service Contract herein referred as “General Conditions of Contract”;
d) Technical Specification and its Annexures 1 to 2 inclusive.
e) Form of Tender and its Attachments Nos. 1 to 6 inclusive to the Form of Tender.

In the case of ambiguity or conflict between any of the listed documents, priority shall be given to them in the above order.

2. The Company agrees to pay the Contractor in consideration of the satisfactory execution and completion of the Services, in
accordance with the terms of the Contract from the sum not exceeding US Dollars _________________________ (US $
_________) or such Variation thereof as shall become payable under the terms and conditions of the Contract.

The parties have signed the Contract on the date stated above.

For: KUWAIT OIL COMPANY (K.S.C.) For:

Name:
Capacity: Team Leader ________________________ Capacity:_______________________________________
In the presence of: In the presence of:

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KUWAIT OIL COMPANY (K.S.C.)

(Register of Commerce No. 21835)

CONTRACT SPECIFICATION
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LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
TABLE OF CONTENTS

1. Scope of Works/ Services

2. Date for Commencement, Date for Completion and Working Hours
3. Works/ Services Not Included
4. The Site
5. Coordination of the Works/ Services
6. Materials and Facilities
7. Samples of Materials and Documents
8. Supervision and Labour
9. Work Program and Reports
10. Contract Price
11. Method of Payment
12. Insurance
13. Liquidated Damages
14. Health, Safety and Environment
15. Superintendent and Superintendent’s Representative
16. Performance Bond
17. Not Used
18. Disclaimer and Closure of Accounts
19. Notices

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KUWAIT OIL COMPANY (K.S.C.)

(Register of Commerce No. 21835)

CONTRACT SPECIFICATION
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LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

1. SCOPE OF WORKS / SERVICES

The Scope of Works/ Services includes maintenance and repair works together with all
associated activities and reporting for the existing landfill facility in South East Kuwait (SEK)
with the capacity of 580,000 m3, which was constructed as part of Kuwait Environmental
Remediation Program (KERP) for the disposal of oil contaminated soil materials and capped.
The Contractor shall perform the Works/ Services for the Landfill Facility post-closure/capping
in accordance with the requirements specified below as per Clause 1.1, and as further described
in this Contract under the Technical Specification, by utilizing unit rates in Attachment No. 1 to
the Form of Tender.

The Technical Specification describes in general terms the Work/Service requirements to be

undertaken for the maintenance and repairs of the existing landfill facility in South East Kuwait.
The Technical Specification shall be read in conjunction with referenced Annexes of the
Technical Specification and all other parts of the Contract to understand the relevant works and
complete the Works/Services. The Technical Specification comprises a narrative of the scope,
and includes landfill drawings and recommended practices presented in the Technical
Specification Annexes.

1.1 The Contractor shall carry out and perform the following:

 Submit all necessary execution and quality plans including work methods and HSE plan for
Company’s review and approval for the work to be performed;
 Conduct required maintenance and repair works in accordance with the above mentioned
plans and based on the recommendations described in the Technical Specification, including
but not limited to:
o Carry out all required cleaning and removal of dirt, sand, and other solids from
the perimeter drainage system/ditches and transport to Company assigned
location (within 5 km distance);
o Conduct any necessary repair works on the landfill slopes, cap, and perimeter,
i.e. by replacing top soil, gatch and gravel, grading and compaction.
o Conduct necessary Repair Works on Access Road and/or /Ramps
(including supply, replacing suitable gatch materials, grading, watering
and compaction).

All the maintenance and repair works shall be carried out as directed by the Company.

a) Deliverables and reports

 Submit maintenance and repair report as per workplan format approved by the Company.

1.2 The Contractor shall ensure the following throughout the duration of the Contract:

a) Complying with KOC HSEMS Guidelines for Contractors as per KOC.GE.033.

b) Obtaining all necessary excavation/work permits prior to commencement of the Works/ Services.

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
c) Obtaining Company’s approval for all gate pass requirements of Contractor’s personnel,
equipment and items / materials.
d) Providing all required manpower, equipment, tools and Services for every work activity within a
notice period of one week for scheduled quarterly and semiannual activities.
e) Utilize effectively the requirements of manpower, equipment, work item for each Service
requirement for the Contract Price Not-to-Exceed Value.

1.3 The Contractor shall submit to the Company for Approval the manpower, materials and
equipment to be utilized for fulfilling the requirements under each Service Request issued by the
Company.

2. DATE FOR COMMENCEMENT, CONTRACT PERIOD AND WORKING HOURS

2.1 The Date for Commencement shall be the date which is notified in writing to the Contractor by
the Superintendent giving not less than 10 days prior notice of the said date. The Contract Period
to complete the Works / Services shall be 730 calendar days from the Date for Commencement
however the Contract Period shall expire in the event the Not-to-Exceed Value has been fully
utilized prior to 730 calendar days.

2.2 With reference to Clause 15.1.1 of General Conditions of Contract for Service Contract, the
Contractor’s working hours shall be from 07:00 hours to 15:00 hours daily excluding 2.2.1 and
2.2.2 below:

2.2.1 On Fridays and Company holidays as may be declared from time to time when no work shall be
executed;

2.2.2 During the month of Ramadan, when the working hours shall be from 08:30 hours to 14:30 hours
or as advised by the Superintendent.

2.2.3 Clauses 15.1.2 and 15.2 of General Conditions for Service Contracts shall stand deleted.

2.3 The Company may, by notice to the Contractor, change the working hours referred to in clause
2.2 above. No work shall be performed on Fridays, Company holiday or beyond the Company
working hours unless the Contractor is specifically directed by the Superintendent’s
Representative to perform work during such period or unless approval is granted in writing by
the Superintendent’s Representative.
2.4 The Contractor shall comply with the working hours as stipulated in Ministerial Orders issued for
the months of June, July and August, restricting the working hours. However, the Contractor
shall engage additional manpower, equipment or alternate its working hours to meet the
requirements under the Contract at no additional costs to the Company.

3. WORKS/ SERVICES NOT INCLUDED

The following work shall be undertaken by others and shall not form part of this Contract:

3.1 In the event that repairs are required after an inspection (i.e. Landfill structural, or mechanical
equipment repairs), which are not covered under unit rates of Attachment No.1 to the Form of
Tender, shall not be part of the scope under the Contract.

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
4. THE SITE

With reference to clause 9 of General Conditions of Contract for Service Contract, the location of
Landfill Facility where the Works/ Services shall be performed is South East Kuwait Greater
Burgan Oil Field.

The Contractor shall use only such areas as are specifically required for the Works / Services and
shall strictly comply with the Superintendent’s instructions and directions in this respect.

The Contractor shall remove waste such as litter and household garbage as it arises from the
Works / Services, and transport to a municipal waste collection bin, and shall clear the Site upon
completion of the Works / Services. Any waste handling activities shall be deemed included in
the Contractor’s unit prices.

Clause 9.3 relating to Site Office and Store of General Conditions for Service Contracts shall
stand deleted

5. COORDINATION OF THE WORKS / SERVICES

The Contractor shall coordinate the entire Works/Services and ensure all necessary cooperation
and coordination with other contractors who may be executing other work on the Site.

6. EQUIPMENT, MATERIALS, SUPPLIES AND FACILITIES

6.1 Equipment, Materials, Supplies and Facilities Supplied by Contractor:

With reference to clause 11 of the General Conditions of Contract for Service Contract, the
Contractor shall supply all equipment, supplies, materials and facilities for the completion of the
Works/ Services as specified in this Contract.

6.2 Equipment, Materials, Supplies and Facilities Supplied by the Company:

With reference to clause 18 of General Conditions of Contract for Service Contract, Company
shall not supply any equipment, materials, supplies or facilities for the Services.

7. NOT USED

8. SUPERVISION AND LABOUR

8.1 All of the Contractor’s senior personnel employed on the Services shall be well conversant in
English and shall be suitably skilled and experience in the type of work to be executed.

8.2 The Contractor shall also employ in performance of the Contract, skilled and experienced
tradesmen. The Company may test any of the Contractor’s personnel prior to their being
employed on the Services. Notwithstanding the acceptance of any such personnel, the Company
may direct the prompt replacement of any personnel who in its opinion is unsatisfactory and the
Contractor shall comply with any such direction at no additional cost to the Company within
fourteen (14) days. Contractor shall submit the replacement CVs within five (5) working days for
Company’s approval.

8.3 Within seven (7) days from the date of signing the Contract, the Contractor shall submit CVs for
all supervisors, tradesmen and employees it proposes to employ for evaluation and approval of
the Company.

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

9. WORK PROGRAM AND REPORTS

The Contractor shall submit a detailed Program of Work in the form of a schedule of all
required work activities, associated manpower requirements, mobilization plan and reports
within fourteen (14) days of signing the Contract for Company’s review and approval, which
once approved by the Superintendent shall be the Program.

The Contractor shall submit Work Method Statements (WMS) and relevant Quality Plan
developed for site-specific landfill maintenance/repair works in accordance with KOC project
QA/QC requirements, QMS document No. KOC-Q-014 for Company review and approval
during the execution. The Contractor shall report progress of the Services against this Program as
directed by the Superintendent.

Measurement Plan shall be provided by Contractor and shall be submitted to Company for
approval as per clause ii of verification of measurement under Method of Measurement (MoM)
within fourteen (14) days from the date of signing the Contract.

10. CONTRACT PRICE

With reference to clause 21 of General Conditions of Contract for Service Contract, the Contract
Price is No-to-Exceed Value (NTEV) stated in the Memorandum of Agreement and is deemed to
be inclusive of all items and cost elements necessary for execution of the Works/ Services in
accordance with the terms and conditions of this Contract.

11. METHOD OF PAYMENT

With reference to clause 22 of the General Conditions of Contract for Service Contract
the Company shall pay the Contract Price as follows:

11.1 Not used.

11.2 The Company shall pay to the Contractor based on duly approved actual Works/Services carried
out by the Contractor utilizing the unit rates for item quantities specified in Attachment No. 1 to
the Form of Tender for Works / Services subject to Not-to-Exceed Value.

The unit rates are deemed to be inclusive of all items and cost elements necessary for proper
execution of the Services including but not limited to the submission of reports, transport of
Personnel to and from the site, equipment, materials, tools and tackles, consumables,
telecommunication equipment, Contractor’s material handling, compaction, placement and
final grading, gate pass requirements etc.

The quantities set out in Attachment No.1 to the Form of Tender are estimated quantities and
not to be taken as actual. The correct quantities and the payment to the Contractor for each
item of the Works / Services shall be subject to measurement to be made for the net actual
quantity.

The Contractor shall use qualified personnel to promptly measure the quantities of executed
Works / Services. All measurements shall be subject to the approval of the Superintendent.
The Contractor shall provide necessary assistance to the Superintendent.in verifying measured
quantities and promptly supply particulars requested by the Superintendent. The Contractor,
where it fails to provide the required particulars to the Superintendent, the Superintendent’s
Representative or any person authorized by the Superintendent shall carryout the
measurements and the Contractor shall accept such measurements as accurate.

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
The Contractor shall submit to the Company a detailed measurement and price valuation as
per unit rates in agreed format showing details of the work executed, duly supported by
documents, drawings which shall be checked and verified by the Company’s site
representative prior to the submission of the relevant invoice.

12. INSURANCE

With reference to clause 31 of General Conditions of Contract for Service Contract, the
Contractor shall affect and maintain with an insurance company (from the list provided under
Appendix-C of Contract Specification) licensed to operate in Kuwait, throughout the Contract
duration, at no extra cost to the Company, the following insurance policies:

12.1 A General Third-Party Liability Policy which shall name the Company as a principal with a limit
of Kuwaiti Twenty-five thousand (KD 25,000/-) for any occurrence, the number of occurrences
being unlimited, and which shall provide cover for fire, explosion risk and the use of lifting
equipment. The policy shall also include cover for Contractor’s liability for damage of
whatsoever nature to Company’s property, losses and claims for accident and injury to or death
of Company’s employees and representatives.

12.2 A Workmen’s Compensation Policy in accordance with Kuwait Labour laws and Employer’s
Liability Policy with a minimum limit of Kuwaiti Dinars Twenty-five thousand (KD 25,000/-)
for any one occurrence and the number of occurrences being unlimited. The policy shall be
endorsed to include waiver of subrogation clause in favour of the Company.

12.3 Erection All Risks Insurance shall stand deleted.

13. LIQUIDATED DAMAGES

With reference to clause 35.3 of General Conditions of Contract for Service Contract, the Delay
Liquidated Damages for delay shall be subject to a maximum of 10% of the Contract Price, and
shall be levied as follows:

One hundred twenty (120) US $ per day of delay from approved program of Works. This shall
include delay in mobilization, documentation (submission of reports) and performance of the
Works.

14. HEALTH, SAFETY AND ENVIRONMENT

The Contractor shall strictly comply with the Company’s relevant HSEMS Procedures and
HSEMS Guidelines for Contractors i.e., KOC.GE.033 - KOC HSEMS Guidelines for
Contractors (Final), KOC.GE.012 - Contractor HSE Oversight Procedure, KOC.HE.018 -
Occupational Health Risk Assessment Procedure, which are attached herein as Appendix A

15. SUPERINTENDENT AND SUPERINTENDENT’S REPRESENTATIVE

With reference to clause 17.1 of General Conditions of Contract for Service Contract, the
Superintendent of the Contract shall be the Company’s Team Leader Soil Remediation Support,
or such other person as is notified in writing to the Contractor by the Company. The
Superintendent’s Representative shall be notified in writing to the Contractor by the Company.

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

16. PERFORMANCE BOND

With reference to clause 32 of the General Conditions of Contract for Service Contracts the
original value of the Performance Bond is US $ __________ (10% of the Contract Price)
valid until the Date for Completion issuing the Certificate for Completion plus three (3)
months.

17. Not Used

18. DISCLAIMER AND CLOSURE OF ACCOUNTS

On expiry of the Contract and prior to release of the last payment under the Contract the
Contractor shall sign a Disclaimer/ Closure of Account Statement worded in accordance with
the specimen hereto to the effect that all payments under the Contract have been received with
exception of the last payment. On receipt of the last payment by the Contractor the Contract
shall be closed and shall be deemed as fully settled.

19. NOTICES

With reference to clause 47.4.1 of General Conditions of Contract for Service Contract, all
notices to be given by the parties shall be given at the following addresses, unless advised to
the contrary by either party.

The Company

Designation Team Leader Soil Remediation Support

Ahmadi Mega Complex., Room No. D312, 2nd Floor.
Address KOC, Ahmadi, Kuwait
Fax No. 23984368 Tel : 23876480/23986379 Email Address:
nqallaf@kockw.com

The Contractor

Name

Designation

Street No. Bldg. No.

Address

Fax No. Tel: Email Address:

____________________

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
KUWAIT OIL COMPANY (K.S.C.)
(Register of Commerce No. 21835)

APPENDIX-B
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CONTRACT SPECIFICATION
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LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)
DISCLAIMER
(Reference to clause 18 of the Contract Specification)

CLOSURE OF CONTRACT WITH KUWAIT OIL COMPANY (K.S.C.)

LOW VALUE CONTRACT NO.: ___________

TITLE: LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

CONTRACTOR: ___________________________

1. This is to confirm that the Contract Period of the above Contract expired on
________________ and except for the retentions referred to in paragraph 2 below, all
payments due under the Contract have been received by us in full satisfaction of all claims
we have now or in the future arising out of or in connection with this Contract.

2. We agree that the retentions amounting to US $ ____________ shall be held by Kuwait Oil
Company until the production by us of:

a) A certificate from the Income Tax Office of Kuwait stating that we have discharged
our tax liability.

b) A certificate from the Ministry of Social Affairs and Labour stating that we have
satisfied our liability towards the Contract personnel.

3. Such retentions when released shall be in full and final settlement of the Contract.

Made this ________ day of _________________________________

For and on behalf of: _________________________________________________

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CONTRACT SPECIFICATION
LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

KUWAIT OIL COMPANY (K.S.C.)

(Register of Commerce No. 21835)

APPENDIX-C
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CONTRACT SPECIFICATION
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LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

LIST OF INSURANCE COMPANIES

(Reference to clause 12 of the Contract Specification)

LOW VALUE CONTRACT NO.: ___________

TITLE: LANDFILL MAINTENANCE AND REPAIRS (SOUTH-EAST KUWAIT)

CONTRACTOR: ___________________________

COMPANY APPROVED KUWAITI NATIONAL INSURANCE COMPANIES

S. No. Name of Insurance companies

1 Al Ahleia Insurance Company

2 Gulf Insurance Group

3 Kuwait Insurance Company

4 Warba Insurance Company

5 Bahrain Kuwait Insurance Company

6 Wethaq Takaful Insurance Company

7 First Takaful Insurance Company

Rev. Jan. 2014