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Sultanate of Oman

Special Economic Zone Authority at Duqm

CONSULTANCY SERVICES FOR CONSTRUCTION


SUPERVISION OF ROADS & BRIDGES FOR NR 32
IN DUQM

TENDER DOCUMENT
No. T6/2017

APRIL 2017
Consultancy Services for Construction Supervision
of Roads & Bridges for NR32 in Duqm

INVITATION TO TENDER

Bidders, who are specialized Consulting Engineering Firm (Consulting Engineer) suitably
experienced in the relevant field, are invited by the Special Economic Zone Authority at Duqm
(SEZAD) through the SEZAD Tender Committee (STC) for the Project:

CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF ROADS & BRIDGES


FOR NR32 IN DUQM

and as described in and in accordance with the terms of the SEZAD Tender Document. The Tender
and all supporting documents shall be submitted in a single envelope (or parcel) through online E-
tendering and endorsed only as follows:

TENDER NO. T6/2017

CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF ROADS & BRIDGES


FOR NR32 IN DUQM

containing the following:

A) TECHNICAL PROPOSAL for the CONSULTANCY SERVICES FOR CONSTRUCTION


SUPERVISION OF ROADS & BRIDGES FOR NR32 IN DUQM.

B) FINANCIAL PROPOSAL for the CONSULTANCY SERVICES FOR CONSTRUCTION


SUPERVISION OF ROADS & BRIDGES FOR NR32 IN DUQM.

The submission shall be delivered on the date and time as specified in the advertised Invitation
of this Tender and shall be addressed to:

The Chairman
SEZAD Tender Committee
Post Box No. 25, Postal Code 103
Bareeq Al Shatti
Sultanate of Oman

and submitted through the prescribed E-Tendering System


(https://etendering.tenderboard.gov.om).

The SEZAD Tender Committee is not bound to accept the lowest Tender offer and reserves the
right to reject any or all Tenders without assigning any reason.

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TABLE OF CONTENTS

Page

INVITATION TO TENDER 1

TABLE OF CONTENTS 2

DEFINITIONS AND INTERPRETATIONS 3

INTRODUCTION 4

SECTION 1 INSTRUCTIONS TO BIDDERS 7

SECTION 2 TERMS OF AGREEMENT 25

SECTION 3 SCOPE OF SERVICES BY CONSULTING ENGINEERS DESIGN OFFICE 26

SECTION 4 SCOPE OF CONSTRUCTION SUPERVISION SERVICES 31

SECTION 5 REMUNERATION OF THE CONSULTING ENGINEER 43

FORM OF AGREEMENT 50

APPENDIX A TO FORM OF AGREEMENT 52

APPENDIX B TO FORM OF AGREEMENT 53

FORM OF BID BOND 54

FORM OF PERFORMANCE BOND 55

LIST OF OMANI PERSONNEL 56

LIST OF EXPATRIATE PERSONNEL 57

APPENDIX 58

BIDDERS ENCLOSURES 59

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DEFINITIONS AND INTERPRETATIONS

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) Client
Client shall mean the Government of Sultanate of Oman, represented by the Special
Economic Zone Authority at Duqm (SEZAD) and the legal successors and assigns in title to
the Client, who will employ the Contractor. The address of the Client shall be for the
purpose of the Contract, be deemed to be:

Special Economic Zone Authority at Duqm (SEZAD).


PO Box 25, PC 103,
Bareeq Al Shatti,
Sultanate of Oman.

(b) Consulting Engineer


Consulting Engineer shall mean the Partnership of Engineers or Legal Entity of Engineers
engaged by the Client to perform the Services of Design Review and Construction
Supervision, and he will be acting as the Engineer for the purpose of this Contract.

(c) Contractor
Contractor shall mean the person or persons; firm or company engaged by the Client and
includes the Contractors representative, successors and permitted assigns, to carry out
the Works (Design and Construction)

(d) Tender Board


Tender Board is the Sultanate of Oman Tender Board as defined by Royal Decree
36/2008.

(e) SEZAD Tender Committee


SEZAD Tender Committee is the Clients Tender Committee established for the purpose
of issuing, evaluating and awarding tenders.

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INTRODUCTION
(1) The Special Economic Zone Authority at Duqm (SEZAD), the Client, requires the services of a
Consulting Engineering Firm (the Consulting Engineer) to carry out design review and
construction supervision services for a new project to widen the National Route (NR) 32 road
including construction of bridges in Duqm, Sultanate of Oman (the Project). A tender will be
floated to engage an Engineering, Procurement and Construction (EPC) Contractor (the
Contractor) to carry out the construction of the roads and bridges. The Consulting Engineer
immediately upon engaged by the Client, shall also assist the Client in the tendering stage of
the EPC tenders.

(2) TATWEER, as appointed by SEZAD will act as the Clients Representative for the purpose of
executing the Project while the Consulting Engineering Firm engaged by the Client will act as
the Engineer for the Project.

(3) Throughout these Tender Document, the terms bid and tender and their derivatives
bidder/tenderer, bid/tender, bidding/tendering, etc. are synonymous.

Project Background

(1) The Special Economic Zone at Duqm is envisaged to be a regional hub for maritime
transportation and logistics services; a safe haven for investments in export processing
industries based on petrochemicals, minerals, resources and fisheries; and an attractive
tourist destination on the Arabian Sea. The Special Economic Zone Authority at Duqm
(SEZAD) was established by Royal Decree No. 119/2011 to undertake the task of developing
Duqm.

(2) The existing National Route No. 32 is a single carriageway road plying across Duqm linking
the nearest town Mahoot in the north and Haima to the southwest. It also links the Port of
Duqm to the Heavy Industrial Zone, including Duqm Refinery.

(3) SEZAD plans to construct approximately nineteen (19) kilometres of roads, including bridges
and culvert over channelized wadis, for National Route No. 32 within the Duqm Heavy
Industrial Zone (See Figure 1). The existing Road 32 will be realigned and upgraded from a 2-
lane roadway to a 6-lane divided highway with service roads, to accommodate future traffic
demands that will be generated by industrial development. There are eight bridges and one
culvert ranging between 150m and 600m in length to be constructed across wadis along the
road alignment.

(4) The construction project comprises the following main works:

(a) Approximately sixteen (16) km length Dual-Carriageway Road for NR32 and
approximately 23 km service roads, roundabouts and junctions;
(b) Four (4) Bridges over the channelized Wadi Saay and Jurf (each between 500m and
600 m);
(c) Two (2) Bridges and one (1) Culvert over the channelized Wadi Dangert (about 150
m each).
(d) LED street lighting

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Figure 1. Location plan of National Road 32 upgrading.

(5) The scope of the EPC Contractors works will include, but not limited, to the following:

Design verification of NR32 Dual-Carriageway Road (tender drawings based on


previous master project);
Design of NR32 Dual-Carriageway Road, service roads, roundabouts and junctions
Design verification of bridges and culvert (tender drawings based on previous master
planning project);
Design of bridges and culvert;
Diversion and relocation of utilities;
Conversion of overhead electrical lines to underground cables
Soil/ ground improvement;
Foundation for the bridges and culvert;

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Bridge and culvert construction;


Road construction;
Drainage and culverts;
Ducts and culverts for utilities;
Street lighting.

Bridges at
Wadi Saay
NR32 & Jurf

Bridges &
Culvert at
Wadi Dangert
Wadi Wadi Saay
Dangert

Wadi Jurf

Figure 2 Bridge Locations in Project.

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SECTION 1 INSTRUCTIONS TO BIDDERS

1.1 Responsibilities of the Bidders

(1) The Bidder shall ensure that all pages of the Tender Document are complete. In the
event that some parts or pages of the Tender Document are missing, the Bidder
should notify the SEZAD Tender Committee (STC) in writing immediately.

(2) Before submitting the Tender, the Bidder shall read the Tender Document carefully
and satisfy himself of the tasks, risks, obligations, liabilities and responsibilities to be
undertaken in the Contract. The Bidder shall acquaint himself with the Standard
Form of Agreement and Conditions of Engagement for Consultancy Services for
Building and Civil Engineering Works (Second Edition - March 1987), the laws of the
Sultanate of Oman and the Project Site as specified in the tender documents.

(3) The Bidder must consider all matters and possible contingencies, which may affect
the scope of Services. Any neglect or failure on the part of the Bidder to obtain
reliable information at site or elsewhere or any other matters affecting the design
and/or execution of the Services under this Contract shall not relieve the selected
Bidder from any risks of liabilities or from the responsibilities of completing the
Services. No claims whatsoever for any expenses no matter how they may arise shall
be considered or entertained by the Client under the plea of lack of information.

(4) During the Tender period, the Bidder shall not communicate with anyone related to
or deemed to be related to the preparation of the Tender unless expressly so
directed by the STC or where such communication shall constitute an enquiry.

(5) The Bidder may not in whole or part, assign this Contract to any third party. The
Bidder shall be fully liable to SEZAD, for the full implementation of the Contract.

(6) The successful Bidder shall not be eligible to provide consulting services to the EPC
Contractor executing the Project.

1.2 Cost of Tender

The Client will accept no liability whatsoever for, nor pay for, any expense or loss which
may be incurred by any Bidder in the preparation and submission of his Tender, in visiting
the Site and obtaining information necessary for preparing and submitting his Tender etc.

1.3 Site Visit and Awareness of Site Properties and Conditions

(1) Bidders shall visit the Project Site in Duqm and examine the site of the Works and its
surroundings, and obtain for themselves, at their own expense, all information that
may be necessary for preparing the Tender. Notwithstanding the information
provided in the Tender Document, the Bidder must, prior to submitting the Tender,
make independent inquiry and familiarize himself as to the works forming the
subject of this Project as well as the prevailing site conditions including rentals of
accommodation and food for his staff; land and air transportation; access to the site;
climatic and ground conditions; availability of water, electricity, telecommunications
and internet; availability of labour and materials; laws and bylaws; insurance of
persons and property etc. and must obtain information on all matters necessary for
the preparation of the Tender or may in anyway affect the prices, risks or obligations
of the Bidder.

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(2) The Consulting Engineer engaged by the Client to supervise the Project shall
provide his own accommodations, food, site vehicles etc. for his staff for their
supervision works in Duqm. However, site office will be provided by the
Contractor.

(3) The Bidder shall submit with his Tender a statement in writing certifying that he has
visited the site and has familiarized himself with all conditions, which may affect his
tender.

1.4 Clarification of Tender Document

(1) The Bidder shall bring to the attention of the SEZAD Tender Committee during the
tendering period any issues and/or items not mentioned in this Tender Document,
that the Bidder consider essential to include in order to make the scope of Services
more comprehensive, accurate and to meet the professional requirements.

(2) Submission of Queries

(a) Should there be any doubt, query or obscurity as to the meaning of the Tender
Document or as to anything to be done under the Contract or concerning these
Instructions, or any other matter, the Bidder must set-forth in writing such
doubt, query or obscurity and shall submit their request online through the E-
Tendering Website (https://etendering.tenderboard.gov.om) not later than
fourteen (14) calendar days before the date fixed for the submission of
Tenders, including extension(s) if any.

(b) All queries shall be categorized and referenced to the appropriate section,
clause, paragraph etc.

(c) All documents for Tender queries submitted through online E-Tendering shall
be in data format compatible both with Microsoft Word and Abode Acrobat
PDF, scanned images in data format compatible with JPG or equivalent format,
drawings in data format compatible with AutoCAD version 2010 accompanied
by Abode Acrobat PDF version for reference. Telephone enquires will not be
entertained.

(3) Response by Client

(a) Responses to Bidders queries for clarification in the form of a Circular Letter
(Questions and Answers) when no amendments to the Tender Document are
required, or in the form of an Addendum when an amendment to the Tender
Document are required will be issued to all Bidders to whom documents have
been issued before the deadline for the submission of tenders.

(b) Addenda and Circular Letters issued to the Bidders by the Client shall form part
of the Contract and the Bidder shall take into consideration the contents of
such Addenda and Circular Letters in his Tender. The Bidder shall acknowledge
receipt of such Addenda and Circular Letters by recording them in the
appropriate spaces in the Form of Tender.

(4) No additional payment shall be made in respect of services carried out in connection
with discrepancies among various parts of the Tender Document due to failure of
the Bidder to report the same prior to submission of the Tender as described in the
above paragraph.

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1.5 Amendment of Tender Document

(1) The Client has the right to add or amend any condition that it sees fit in the general
interest of the parties by issuing addenda before the date of submission of Tenders.

(2) Neither the Client nor any of its employees, nor any agents or servants of the Client
nor the Engineer, has any authority to make representation or explanation as to the
meaning of the Tender Document, or as to any other matter or thing concerning the
Contract, so as to bind the Client or to bind or fetter the judgment or discretion of
the Client in the exercise of his powers and duties under the Contract except in so
far as the Client may issue an Addendum and/or Circular Letter amending or
explaining the Tender Document.

1.6 No Alteration to the Tender Document

(1) The Bidder is not allowed to delete, modify or amend any of the terms or conditions
of the Tender Document.

(2) No alteration in the text of the Tender Document shall be made except for the filling
in the blanks intended to be filled-in. Failure to fully comply with this instruction will
result in the rejection of the Tender.

(3) Any alteration to a unit rate or amount made by the Bidder to correct clerical errors
or illegibility entered by him in the Schedule of Remuneration during the preparation
of the Tender must be initialled by the person authorized to sign the Tender prior to
the submission of Tender.

1.7 Language of the Tender

All correspondences with the Client and documents relating to the tender shall be in the
English language. Original documents or copies submitted by Bidders, which are not in
English, should be accompanied by English translation.

1.8 Currencies of Tender and Payment

(1) The currency of the Contract will be the Rial Omani. In the case of a tender submitted
by an individual or companies abroad, it is permitted to write the prices in foreign
currency provided the equivalent Omani currency must be mentioned. Tender in
foreign currency without the equivalent Omani currency will be rejected.

(2) All payments shall be made in Rial Omani.

1.9 Governing Laws

(1) The Bidder shall conform to the Laws of the Sultanate of Oman. The laws in the
Sultanate of Oman now in force or which may be made from time to time during the
period of the Contract shall be the governing laws.

(2) All Bidders must comply with the provisions of Royal Decree No. 39/82, on the
Protection of Public Fund and the avoidance of Conflicts of Interest.

(3) Any effort by the Bidder to influence the Client or STC in the process of examination,
clarification, evaluation and comparison of Tenders or award decision including the
offering or giving of bribes, gifts, or other inducement, will result in the invalidation

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of his tender and the forfeiture of his Bid Bond.

1.10 National and International Standards

National Standards shall take precedence over international standards in the specification
of materials, equipment, and workmanship for the services. Reference numbers of national
and international standards such OS, BS and ASTM, etc. referred to in the Tender
Document shall mean the latest revision of such standards current at the time of Tender.

1.11 Offer without Qualification

It is a condition of this Tender that an offer must be submitted on the basis of the Tender
Document issued to the Bidder and must be free from any qualification.

1.12 Anti-Bribery and Anti-Corruption

(1) The Bidder agrees and confirms that:

(a) In connection with the proposed Contract and any and all transactions
contemplated by the proposed Contract, it will fully comply with all applicable
legislation, including, but not limited to, Royal Decrees (including: Royal
Decree 7 of 1974 promulgating the Oman Penal Code; Royal Decree 112 of
2011 promulgating the Law of the Protection of Public Funds and Avoidance
of Conflicts; and Royal Decree 64 of 2013 ratifying the United Nations
Convention Against Corruption), regulations, ministerial directions and orders
of the Sultanate of Oman relating to anti-bribery and anti-corruption.

(b) It and each of its affiliates and their respective directors, officers, employees,
agents and any other person acting on its or their behalf has not and will not
make, offer, promise, mediate or become in any way involved in a payment or
other transfer of anything in value, including the provision of any service, gift
or entertainment, directly or indirectly, to any third party including, but not
limited to, government officials (including directors, officers and employees of
government owned and/or controlled entities); any director, officer or
employee of SEZAD or its subsidiaries, or their relatives; any candidate for
public office; or any agents or intermediaries of any of the foregoing.

(c) In connection with the proposed Contract, and any and all transactions
contemplated by the proposed Contract, it has and will apply effective anti-
bribery and anti-corruption reporting and disclosure controls and procedures
and has and will maintain internal accounting systems that are sufficient to
show, in reasonable detail, all transactions undertaken in relation thereto.

(2) Without prejudice to any other rights that SEZAD may have under law or otherwise,
should the Bidder be considered to be in breach of any of the above provisions,
SEZAD may, upon written notice, immediately disqualify the Bidder from bidding,
tendering, applying for or otherwise entering into the proposed Contract or
terminate the Contract with the Consulting Engineer (as the case may be) and refuse
to allow the Bidder/Consulting Engineer to bid, tender, apply or enter into any
further or future contracts with SEZAD.

1.13 Omanisation

The Bidder must comply with the minimum percentage for employing Omani in their

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organization in accordance with the Regulations and Codes issued by Ministry of


Manpower. Failing to adhere to such requirement shall lead to the rejection of Bidders
proposal.

1.14 Preparation of Schedule of Remuneration

(1) The Bidder shall complete the Schedule of Remuneration by inserting unit rates,
prices and percentages both in words and figures in typescript or written/printed
legibly in black waterproof ink. All items in the Schedule of Remuneration shall be
fully priced in Oman currency up to three decimal places. If the Bidder will leave any
item with no price entered (or if it will be marked 0, -, INCLUDED etc. in the
amount column), SEZAD Tender Committee will not accept it and such an offer will
be disqualified from the tender.

(2) The unit rates and prices quoted against the items in the Schedule of Remuneration
shall be fixed for the entire duration of the Contract and any extension of time, shall
include taxes, profit, all obligations and liabilities of every kind arising under the
Contract. Any minor detail of the design review and construction supervision services
that would be essential for the Project, even though not specifically described in the
Tender Document, shall be deemed to have been allowed for, in the rates and prices.

(3) The Consulting Engineer shall not be entitled to any additional fees except that
quoted in the Schedules of Remuneration for all services related to this Project.

(4) The Bidder shall note that NO OVERTIME payment will be made to the Consulting
Engineers staff supervising the works by the Contractor after regular working
hours. The Consulting Engineers supervision team shall schedule their working
time to match that of the construction work.

(5) The Bidder must include in his rates and prices an allowance for any possible
increases in the cost of staff, accommodations and offices rental, food, fuel,
materials etc. which may occur after the submission of the Tender and during the
period of the Contract, except for increase which may be reimbursable under Clause
70 of the Standard Conditions of Contract.

(6) All duties, taxes, and other levies payable by the Consulting Engineering Firm under
the contract, or for any other cause shall be included in the rates, prices and total
Tender Price submitted by the Bidder.

(7) The determining of the unit rates is to be made by the Bidder at his own cost and
responsibility, and in no case will he be entitled to claim for reason of ignorance.

(8) The correctness or otherwise of the quantities in the Schedule of Remuneration shall
in no way affect the validity of the tender.

(9) The Bidder may be required to provide a detailed analysis of the unit rates or prices
entered by him in various items of the Schedule of Remuneration when requested
in writing by the STC during Tender evaluation.

(10) The Bidder shall note that changing any member of the design team or the
supervision staff, by the successful Bidder, will be allowed only if the replacement
possesses equal or better qualifications, and then, only with the prior written
approval of the Client.

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(11) The Bidder shall be aware that payment will not be paid if a staff of the construction
supervision team is away on any type of leave. The Consulting Engineer shall provide
a replacement approved by the Client, when an existing staff is away on leave for
more than one-month period.

(12) The Client reserves the right to hire from the market should the Consulting Engineer
failed to provide the staff with the required experience and qualifications or a
replacement within a 3-month period. The Consulting Engineer shall pay the
difference, if any, the salary of the staff and the amount payable as per the Schedule
of Remuneration.

(13) The Consulting Engineer shall review and approve design submissions by the
Contractor. Any facilities required by the Consulting Engineers design team
including their salaries, accommodation, food, living allowances, transportation,
flights, office rental, computer equipment, communications, courier etc. during the
Project, shall be provided by the Bidder at his own costs. All costs related to the
Consulting Engineers design team shall be deemed to have been included in the
tender price.

(14) All working/shop drawings shall be prepared by the Contractor and submitted to the
Consulting Engineer at least fifteen (15) days before start of specific item of the work.
The Consulting Engineer shall check and approve or return the same to the
Contractor for correction/modification within the period of seven (7) working days
from the day of receipt of these working drawings.

(15) The Contractor will provide and maintain the site offices for the Consulting
Engineers site supervision staff under the construction contract. However, the rates
quoted by the Bidder shall be fully inclusive of all costs and insurances, travel, salary,
allowance, accommodation, food etc. of the site supervision staff. The rates per
month shall be binding for four (4) years from the date of submission of this Tender.
Rates for supervision after the said period shall be subject to good-faith mutual
negotiations, taking into consideration official inflation rate index, market conditions
and other significant factors. The actual number of Construction Supervision staff
deployment (increase or decrease) shall be solely the rights and at the discretion of
the Client.

(16) The Bidder may be provided with an electronic copy of the Schedule of
Remuneration as well. If provided, then in addition to entering the rates and prices
as stipulated herein, the Bidder is also required to enter the rates electronically and
return the compact disc as part of this Tender through online E-Tendering System.

(17) The SEZAD Tender Committee reserves the right to reject any Tender if the unit rates
are not written both in words and figures.

1.15 Alternative Tender

The Tender shall be submitted solely on the basis of the Tender Document issued to the
Bidders and must be free of any qualification. No alternative tender is allowed for this
Contract.

1.16 Tender Validity

Tenders shall remain valid for acceptance for one hundred twenty (120) calendar days from
the date fixed for submission of Tenders. The STC reserves the right to ask the Bidder for

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extension of the validity of his Tender and Bid Bond without any change in the price of the
Tender. The Bidder may refuse to extend the validity of his Tender without forfeiting the
Bid Bond. The STC shall not entertain any variation due to any currency fluctuation for the
submitted Tender during its validity period.

1.17 Bid Bond

(1) The Bidder shall furnish, as part of his Tender, a Bid Bond in the value of not less than
one per cent (1%) of the Tender Value. The Bid Bond shall be denominated in Omani
currency and shall be obtained from a bank located and registered in the Sultanate
of Oman. For international companies (not registered in Oman), the Bid Bond can be
issued from the (International) Companys country of domicile and in USD (United
States Dollar) denomination to the equivalent amount (1% of the Tender Value) in
Omani Currency. The wording of the Bid Bond shall be as per the prescribed Form
of Bid Bond included in the Tender Document.

(2) The Bid Bond shall be valid for one hundred twenty (120) calendar days from the
latest date fixed for the submission of Tenders. Any Tender not accompanied by a
Bid Bond will be rejected.

(3) The Bid Bond of unsuccessful Bidders will be returned on its expiration or after the
award of the Contract to the successful Bidder.

(4) The Bid Bond of the successful Bidder will be discharged after the Bidder has signed
the Contract and furnished the Performance Bond (5% of the Contract Value).

(5) The Bid Bond will be forfeited:

(a) If a Bidder withdraws his Tender during the period of Tender validity specified
in the Tender Document;

(b) If the Bidder does not accept the correction of the Tender Value, pursuant to
Clause 1.30; or

(c) In the case of a successful Bidder, if the Bidder fails in the prescribed time as
specified in these Instructions:

(i) to sign the Contract Agreement;


(ii) to furnish the Professional Indemnity Certificate; or
(iii) to furnish the Performance Bond.

1.18 Documents to be submitted

(1) The Bidder shall complete all the Forms and Appendices, the Schedule of
Remuneration, and then sign, put date and company stamp on all pages of the
Tender Document. No entries shall be made in the Form of Agreement and its
Appendices and Standard Forms of Bond. The Tender must be signed by the duly
appointed principal fully authorized to represent and bind the Bidder. Any
incomplete or improper Tender may be rejected.

(2) It is mandatory for the Bidder to provide and properly bind under the Bidders
Enclosure section of this Document the following documents. Any Tender not
accompanied by all the required documents will be rejected.

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The following documents shall be provided and submitted in the Technical Proposal
envelope through online E-Tendering System:

(a) Particulars of the Company: a summary of their company profile such as the
number of years the company has been in operation; the number of qualified
professionals; the number of years of relevant professional experience of key
personnel (Principals/ Partners/ Directors); whether it is locally or foreign-
owned etc.; and the Companys achievements in quality management systems
such as ISO and awards received for the last five years.

(b) A copy of valid company registration certificate and computer printout


document issued by the Ministry of Commerce and Industry or other Ministry,
containing the names of the owner(s) of the Company with specimen
signature(s).

(c) All International Companies participating in this Tender who have not yet
registered with Sultanate of Oman Tender Board and Ministry of Commerce
and Industry shall submit an undertaking to complete all registration
formalities within thirty (30) calendar days after award of Contract if the
Bidder is successful. In addition, they need to submit with their Tender a
statement confirming that if awarded the Contract they will:

Carry out the necessary registration within thirty (30) calendar days of
award of the Contract as per the rules and regulation of the concerned
authorities.

Provide qualified professional, technical, administrative and support staff


including key positions as identified in the Technical Proposal and
Organizational Charts. Substitutes can be made only if the personnel of
equal qualifications will be proposed and accepted by the Client.

(d) A valid practicing license to provide professional engineering services in the


Sultanate of Oman or home country for International companies.

(e) A statement giving the name(s) of the person(s) authorized to sign Agreements
on behalf of the Bidder including his (their) specimen signature(s).
International companies shall provide the copy of the Constitution of the
Company, Power of Attorney and other relevant legal deeds notarized and
authenticated by Oman Embassy in or nearest to the Bidders country prior to
signing the Contract Agreement.

(f) A statement of Bidders financial standing including the name and address of
his bank together with the authority to approach his banker for relevant
information and comment. Copies of certified/audited financial reports or
other suitable accounting documents for the last three years, which include
income statement, balance sheets, profit and loss, cash flow, net tangible
assets etc. shall be submitted. Annual reports and/or financial statements
should be in English. If the Bidder did not submit the audited annual reports
and/ or submit incorrect/insufficient/part information, the Tender will be
rejected.

(g) A statement in writing certifying that, the Bidder has visited the site and
familiarized himself with all conditions, which may affect his tender and that
he has no queries on any matters concerning the Contract.

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(h) A statement that there are no unresolved doubts regarding the meaning of
anything contained within the Tender Document and the interpretation relied
upon by the Bidder.

(i) A statement that the Bid Bond is submitted with the Financial Proposal.

(j) A statement stating that the Bidder is not suspended or debarred from
participating in public projects in any country.

(k) A statement stating that the Bidder is not currently involved in any arbitration
or litigation in any country.

(l) A list of all major projects which the Bidder has completed within the past ten
years, and of all projects which are presently under execution, giving the name
of the Client, location, valuation, duration, and date of completion.
Performance ratings by clients and testimonials received for past completed
and current projects by the Bidder shall be submitted.

(m) Organisation charts showing the technical/design and supervision staff for the
Services, giving details on their qualifications, current appointment in the
company, proposed appointment for the Project and experience, together
with their detailed curriculum vitae.

(n) Bidders are required to submit a write-up of up to four (4) A4 size pages on
their understanding and interpretation of the Project scope, including:

Method statement and approach that demonstrate sound analysis and


provide broad but clear ideas on how the Project can be best carried out
to achieve the objectives set out.

Critical milestones including the critical project milestones and


approval/clearances from relevant authorities, services providers,
stakeholders, affected parties etc.

Appreciation and understanding of unique challenges of the Project and


strategies to overcome these challenges and site constraints.

Budgetary project construction cost, cost control strategies and


processes.

(o) A list of all Omani and Expatriate Employees employed by the Company, giving
the name of the employee, job category, and unit rate per month (monthly
salary) in the prescribed forms included in the Bidders Enclosures.

(p) Bidder engaging a high proportion of Omani employees shall be given


preferential consideration. A statement confirming that the Bidder shall
employ a minimum percentage of 10% to be Omani employees in this Project.

(q) A copy of each Circular Letter and Addendum, if any, issued by the Client and
appropriately endorsed by the Bidder.

(r) The Bidder shall complete the Schedule of Remuneration and Appendices, if
any, but not in the Form of Agreement and its appendices, and standard forms

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of Bonds, and shall sign, put date and stamp all pages of the Tender Document
with the company official stamp. The Tender must be signed by the duly
appointed principal fully authorised to represent and bind the Bidder. Any
incomplete or improper Tender may be rejected.

(3) The following documents shall be provided and submitted under the Financial
Proposal through the online E-Tendering System:

(a) Appendix B to Form of Agreement.

(b) Schedules of Remuneration.

(c) Bid Bond.

(4) Even though the Bidder may have submitted the above documents and meet all the
qualifying criteria, they are subject to be disqualified if they have:

(a) made misleading or false representations in the forms, statements and


attachments submitted in proof of the qualification requirements; and/or;

(b) record of poor performance such as delay in reviewing submissions, non-


responsive to request by Client and/or Contractor, not cooperative, inadequate
or careless supervision, absenteeism, inordinate delays in completion of project,
litigation history, or financial failures etc.

(5) Failure to furnish all information required by the Tender Document or submission of
a Tender not substantially responsive to the Tender Document in every respect, may
result in the rejection of his Tender. The Tender Document may be returned back in
electronic format through E-Tendering System to the SEZAD Tendering Committee
on or before the tender submission date in the same form as issued and not rebound
or rearranged in any way except as instructed herein. Except as otherwise expressly
provided for in the Tender Document, the Bidder shall insert the requested
documents and under no circumstances shall the Tender Document be otherwise
altered or other documents inserted.

1.19 Format and Signing of Tender

(1) The Bidder shall prepare all documents comprising the tender as described in Clause
1.18 of these Instructions to Bidders, bound with the volume containing the
"Technical Proposal" and "Financial Proposal" in separate parts and uploaded in
electronic format through the E-Tendering Website
(https://etendering.tenderboard.gov.om).

(2) All the Tender documents uploaded through online E-Tendering System shall be
signed by a person or persons duly authorized to sign on behalf of the Bidder,
pursuant to Sub-Clause 1.18 (2) (b) of the Instructions to Bidders. All pages of the
Tender where entries or amendments have been made shall be initialled by the
person or persons signing the tender.

(3) No alterations to the text of the Tender Document shall be made except for filling in
the blanks intended for that purpose. Failure to fully comply with this instruction
may result in the rejection of the Tender. Any alteration to a rate or amount made
by the Bidder during the preparation of the tender documentation must be initialled
by the Bidder prior to the submission of the tender.

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1.20 Electronic Tender Submission

(1) The Bidder shall submit all the documents related to Technical and Financial
Proposals and upload them separately in the respective folders through the E-
Tendering Website (https://etendering.tenderboard.gov.om).

(2) Tender submissions shall be uploaded to the E-Tendering System before the time as
specified in the letter of invitation to the tender or such other time and date as may
be notified in any Circular or Addendum issued.

(3) The attention of the Bidder is drawn to the fact that the Tender must be submitted
through the online E-Tendering System and the Bidder is responsible to ensure that
all the documents related to Technical and Financial Proposals are uploaded in the
system before the schedule date and time as mentioned in the Letter of Invitation.
Except for the Bid Bond, no Hard Copy submission shall be entertained.

1.21 Deadline for Submission of Tenders

(1) Completed Tenders (Technical and Financial Bids) including the Tender Document
and the additional documents required in Clauses 1.18 of these Instructions must be
submitted online at the E-Tendering website
(https://etendering.tenderboard.gov.om) on the date and time specified in the
Letter of Invitation to Tender or such other time and dated notified in accordance
with Clause 1.4 of the Instructions to Bidders. Only the Hard Copy of the Bid Bond,
addressed to the H.E., The Chairman, SEZAD Tender Committee must be delivered
personally to the STC at the following address:

H.E. The Chairman


SEZAD Tender Committee (STC)
Office 41,4th Floor, Al-Mashriq Building No. 113,Block 248,
Street No 17, 18th of November Street, North Azaiba Muscat
Post Box No. 25,
Postal Code 103,
Sultanate of Oman.

(2) The Bidder shall note that should the hard copy of the Bid Bond is not submitted to
the SEZAD Tender Committee, the Tender shall be rejected.

(3) The STC may extend the deadline for submission of tenders by issuing an amendment
in accordance with Clause 1.4, in which case all rights and obligations of the STC and
the Bidders previously subject to the original deadline will then be subject to the new
deadline.

1.22 Late Tenders

Any Tender received by the STC after the deadline prescribed in Clause 1.21 will be rejected
whatever caused the delay.

1.23 Modification and Withdrawal of Tender Submitted

(1) The Bidder shall compile their submission documents properly and upload them
correctly through the E-Tendering Website prior to the deadline prescribed for the
submission of Tenders.

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(2) Once the Tender is submitted, the Bidder will be not able to modify the Tender, even
if the deadline for submission of Tenders is not due yet.

(3) The Bidder may withdraw his Tender before the deadline for submission of Tenders,
by writing to the SEZAD Tender Committee.

1.24 Submission of Tenders

(1) The Bidder shall submit his Tender for all services in the Contract, and not part of it.
The Tender comprising the Technical Proposal and the Financial Proposal shall be
submitted through the online E-Tendering Website, addressing to the SEZAD Tender
Committee.

(2) Bidders will not be able to submit his Tender through the E-Tendering Website after
the deadline for submission of Tenders. Tenders will be opened at the time and date
specified in the Invitation to the Tender, or announced by SEZAD Tender Committee
but within the Tender Validity Period, at the office of the SEZAD Tender Committee.

1.25 Tender Opening

(1) Tenders will be opened, checked and evaluated in accordance with procedures
adopted by the SEZAD Tender Committee.

(2) If the Tender is not substantially responsive to the requirements of the Tender
Document, it will be rejected by the STC, and may not subsequently be made
responsive by the Bidder having corrected or withdrawn the non-conforming
deviation or reservation.

1.26 Tender Evaluation

(1) Tenders shall be evaluated on the basis of Technical and Financial Proposals. Bidders
are advised to provide as much information as possible to aid the evaluation and in
completing the process of evaluation efficiently and effectively. It is the intention of
the Client to assess the relative strengths of the Bidders as objectively as possible.

(2) The Technical Evaluation shall be carried out considering the Bidders experience in
the same field especially in the Sultanate of Oman, the qualification and experience
of the design and construction supervision team and their working knowledge in the
Sultanate of Oman, approach and appreciation of the Project, and financial standing
of the company.

(3) The Technical Evaluation carries 60 points and that for Financial Evaluation carries
40 points. The points for the evaluation are detailed in the following Table.

Bidders that obtain a minimum score of 42 points (out of 60 points) in the Technical
Proposal will be considered as technically qualified and their Financial Proposal will
be considered for further evaluation.

(4) The criteria for Technical Evaluation are as follows:

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Table 1 Technical Evaluation Criteria.

S/N Item Description Marks


T1 Responsiveness and (1) Completeness and quality of overall 2
completeness of tender submission.
submission and (2) Financial capability 6
4
financial capability.
T2 Firm's technical (1) Firms technical expertise and 10
expertise and experience in the design of roads and
experience in similar bridges for the last 10 years.
projects and
performance (2) Supervision of roads and bridges for 10
the last 10 yrs. 24

(3) Performance of the Bidder in SEZAD or 4


other projects based on performance
certificates from Clients.
T3 Proposed Provision of proposed organization
organization and mobilisation plan cover project
structure of the activities, management and
6 6
project team and supervision requirements. Personnel
mobilization plan are identified for each position.

T4 Local knowledge of (1) Any projects completed during last 10


4
the area and local years in Oman/GCC.
6
company (2) Omani company or JV with Omani
2
company
T5 Qualification and Qualification(s), overall experience and
experience of experience in particular designation etc.
proposed team for the following key staff.
leader and technical Design Office
key staff specifically
(1) Project Director 4
designated for this
project and input of (2) Road Design Engineer 3
each staff
(3) Bridge Design Engineer 3

(4) Geotechnical Engineer 2

(5) Mechanical/ Electrical Engineer 2


48
(6) Planning Engineer 2

Project Site
(1) Resident Engineer 4
(2) Assistant Resident Engineer for Roads 3

(3) Assistant Resident Engineer for Bridge 3

(4) Geotechnical Engineer 2

(5) Structural Engineer 2

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(6) MEP Engineer 2

(7) Road Engineer 2

(8) Civil Engineer 2

(9) Material Engineer 2

(10) Planning Engineer 2

(11) Resident Inspector 2

(12) HSE Engineer 2

(13) Senior Quantity Surveyor 2

(14) Land Surveyor 2

T6 Proposed study Provision of method statements, critical 10 10


Methodology and milestones, appreciation and
sequence of work understanding of project scope.

Subtotal for evaluation of Technical Bids 100


Total score for technical Evaluation
Technical Scoring = Sub-total x 60 60
100
40
Financial Scoring
OVERALL EVALUATION SCORE
100

(a) Any Bidder scoring less than 42 points (out of 60 points) for his Technical Score
shall not be considered for overall evaluation.

(b) Bidders shall submit audited annual reports for the previous period of 3 years
i.e. from FY 2013 onwards. Annual reports should be in English. If there is more
than one entity submitting the Bid (i.e. submitting a bid as a consortium) the
above-mentioned requirements will apply to all the entities.

(c) If the Bidders did not submit the audited annual reports and /or submit
incorrect/ insufficient/ partial information, the Bid will be rejected. The Client
reserves the right to make such corrections as required to the audited annual
reports and/or financial statements referred to above, in the evaluation
process.

(5) For Bid Price Evaluation, the maximum 40 points will be awarded to the lowest
Bidder and the rest of the Bidders will be assigned points in the inverse proportion
to their respective bid prices in comparison with the lowest bid price, as follows:

Points obtained for Bid Price Evaluation = 40 x (Lowest offer/Bidders offer)

The Financial Proposals of bidders who obtained less than 42 points (out of 60 points)
in the Technical Proposal will not be considered for financial evaluation.

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(6) Final Evaluation

The final score will be sum of Technical Evaluation (60 points max.) and Financial
Evaluation (40 points max.). The maximum possible score is 100 points.

1.27 Adjudication of Bids

(1) After evaluation of the Bids, SEZAD Tender Committee will determine to its
satisfaction whether the Bidder selected, having qualified technically and financially,
is able to perform the services under the Contract.

(2) SEZAD Tender Committee reserves the right to reject the financial bids of the
technically qualified Bidder for any of the following reasons:

(a) If the performance of the Bidder in SEZAD or other projects is poor; or

(b) If the Bidder has been awarded SEZAD project(s) or other projects recently.

1.28 Examination of Tenders and Determination of Responsiveness

(1) During the detailed evaluation of Technical Proposal, the Client will determine
whether each Tender (a) has been properly signed; (b) is accompanied by the
required securities and (c) is substantially responsive to the requirements of the
tender documents. During the detailed evaluation of the Financial Proposal, the
responsiveness of the tenders will be further determined with respect to the
remaining tender conditions, i.e. priced Schedule of Remuneration, audited annual
reports etc.

(2) A substantially responsive "Financial Proposal" is one which conforms to all the
terms, conditions, and specifications of the Tender Document, without material
deviation or reservation. A material deviation or reservation is one (a) which affects
in any substantial way the scope, quality, or performance of the Services; (b) which
limits in any substantial way, inconsistent with the Tender Document, the Client's
rights or the Bidders obligations under the Contract; or (c) whose rectification would
affect unfairly the competitive position of other Bidders presenting substantially
responsive Tenders.

(3) If the Tender is not substantially responsive, it will be rejected by the Client, and may
not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.

1.29 Post Tender Clarification

(1) To assist in the examination, evaluation and comparison of Tenders, the SEZAD
Tender Committee may ask Bidder(s) individually for clarification of their Tender.
The request for clarification and the response shall be in writing, but no change in
the price or substance of the Tender shall be sought, offered or permitted, except as
required to confirm the correction of arithmetical errors discovered by the SEZAD
Tender Committee and Client during the evaluation of the Tenders.

(2) While the Client may invite the Bidder through SEZAD Tender Committee to discuss
and/or clarify the tender, no such invitation or discussion shall in any way be

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construed as a commitment on the part of the Client to award a Contract. However,


in the event that the Tender is accepted, Post Tender Clarifications and their related
answers will form part of any subsequent Contract as part of the applicable Contract
Documents stated herein.

(3) Any effort by the Bidder to influence the Client in the process of examination,
clarification, evaluation and comparison of Tenders or award decision including the
offering or giving of bribes, gifts, or other inducement, will result in the invalidation
of his Tender and forfeiture of his Bid Bond.

1.30 Corrections of Arithmetical Errors

(1) The Schedules of Remuneration will be examined prior to the signing of the Contract
in order to ascertain that the items are correctly extended at the rates quoted.
Should any arithmetical error be found, it will be corrected and the Tender Value will
be amended accordingly. The Bidder will be informed of any arithmetical adjustment
made should the STC wish to further consider his tender and be will be required to
certify his acceptance.

(2) Arithmetical errors will be corrected as follows:

Where there is a discrepancy between words and figures, the amount in words
will govern.
Where there is a discrepancy between the unit rate and the total price that is
obtained by multiplying the unit rate and quantity, the unit rate shall prevail and
the total price shall be corrected, unless in the opinion of the STC there is an
obvious misplacement of decimal point in the unit rate, in which case the total
price as quoted will govern and the unit price will be corrected.

(3) The amount stated in the tender will be adjusted by the STC in accordance with the
above procedure for the correction of errors and, with the concurrence of the
Bidder, shall be considered as binding upon the Bidder. If the Bidder, having been
notified that his tender has been successful, does not accept the corrected amount,
the tender will be rejected, and the Bid Bond shall be forfeited.

1.31 Award of Contract

(1) After evaluation of the Tenders, the SEZAD Tender Committee will determine to its
satisfaction whether the Bidder selected, having qualified technically and financially,
is able to perform the Services under the Contract.

(2) The SEZAD Tender Committee is not bound to accept the lowest Tender and reserves
the right to accept or reject any Tender, to cancel the Tendering process and to reject
all the Tenders at any time prior to award of Contract, without thereby incurring any
liability to the affected Bidders or any obligation to inform the affected Bidders of
the grounds for the SEZAD Tender Committees action.

(3) Upon receipt of the Letter of Intent, the successful Bidder will be expected to enter
into good-faith Contract negotiation with SEZAD Tender Committee.

(4) The successful Bidder will be notified of the award by the Client prior to expiration
of the Tender validity period by email/ cable, and confirmed by registered letter. This
letter (hereinafter and in the Conditions of Contract called the "Letter of
Acceptance") will state the sum (Contract Value) that the Client will pay the

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Consulting Engineer in consideration of the execution of the Services by the


Consulting Engineer as prescribed by the Contract.

(5) The notification of award will constitute the formation of the Contract, subject only
to the furnishing of a Performance Bond in accordance with the provisions of Clause
1.33.

(6) The Agreement will incorporate all correspondences between the Client and the
successful Bidder. It will be signed by the Client and sent to the successful Bidder.
The signing of the Contract shall take place as soon as practical after the issue of the
Letter of Acceptance/Award and before the validity of the Bid Bond expires. In the
case of the Bid Bond expires, it should be extended by the successful Bidder at the
request of the Client.

(7) Upon furnishing by the successful Bidder of the Performance Bond, the Client will
promptly notify the other Bidders that their Tenders have been unsuccessful.

1.32 Good-Faith Contract Negotiations

(1) After the issuance of the Letter of Intent, the successful Bidder will be expected to
enter into good-faith contract negotiations with the SEZAD Tender Committee. At
the successful conclusion of the negotiation, the draft Contract Document will be
prepared by the successful Bidder and reviewed by SEZAD or his authorised
representatives and will be presented to the Bidder together with the Letter of
Acceptance/Award to sign the Contract. Authorised signatories of SEZAD the and
successful Bidder will sign the final Contract Document

(2) Should the successful Bidder fail or refuse to enter into good-faith contract
negotiation with the Client from the issue of the Letter of Acceptance/Award the
Contract, the Bidder shall be considered to have abandoned the proposal and the
Bidders Bid Bond shall be forfeited.

1.33 Performance Bond

For the due performance of the Contract, the successful Bidder will be required to obtain
within fifteen (15) working days from the date of the Letter of Acceptance, a bond of a
bank registered in the Sultanate of Oman to be jointly and severally with the Consulting
Engineer to the Client in the sum of five percent (5%) of the Contract Value. The said bank
and terms of the Bond shall be approved to the Client. Obtaining of such Performance Bond
and the cost of issuance thereof shall be at the Consulting Engineers cost (and be priced
in his Tender Price). The Performance Bond shall be valid until sixty (60) days after the end
of the Maintenance Period. A prescribed form (with wordings) of the required
Performance Bond is included in the Tender Document.

1.34 Insurances

The successful Bidder shall be required to obtain the insurances stipulated in the
Conditions of Contract and to lodge them with the Client, indemnifying and saving
harmless the Client from losses which may be caused by his faulty and/or erroneous
designs(s). The successful Bidder will be required to provide a Professional Indemnity
Insurance within fifteen (15) calendar days of receipt of the written Notice of Acceptance.

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1.35 Government Permits

The Consulting Engineer shall assist the Contractor in liaising with the relevant Authorities,
Agencies, local governments, services and utilities providers, etc. to obtain their
requirements and conditions, and comply with all such requirements, in the course of
implementation of the Project. No additional costs, whatsoever will be payable to the
Consulting Engineer for all assistance rendered.

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SECTION 2 TERMS OF AGREEMENT

2.1 The Agreement and terms executed between the Government of the Sultanate of Oman
and the Consulting Engineer shall be in accordance with the following:

Standard Form of Agreement and Conditions of Engagement for Consultancy


Services for Building & Civil Engineering Works, Second Edition - March 1987,
prepared by Ministry of Finance, Muscat, Sultanate of Oman, or its latest edition,
referred to in this Tender Document as the Standard Document. Bidders are
deemed to be in possession of their own copy of the Standard Document at Tender
stage and to be fully aware of and to have understood the contents therein. The
Arabic version of the Standard Document shall be signed between the Client and
the Consulting Engineer.

Tender Document (this document).

Letter of Acceptance.

Any amendments negotiated and mutually agreed upon.

2.2 In case of any conflict between this Tender Document and the Standard Document, the
requirements as called for in the Tender Document shall prevail.

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SECTION 3 SCOPE OF SERVICES BY CONSULTING ENGINEERS DESIGN OFFICE

3.1 Services during EPC Contractor Tender Stage

(1) The Consulting Engineer shall note that the Clients Office in Muscat is scheduled to be
relocated to Duqm in November 2017. The Consulting Engineer shall consider and price
in all costs related to this, if any.

(2) During the Tendering Stage of the EPC construction tender, the Consulting Engineer
shall assist the Client in carrying out the following services:

(a) Review the EPC Tender Documents for any addition or omission of contents,
specifications etc.
(b) Attend to Bidders queries and issue clarifications through Addenda or Circular
Letters.
(c) Conduct Technical and Financial evaluation of the EPC construction tender and
submit final evaluation report and recommendations.
(d) Attend meetings and give presentations relating to tender evaluation.

(3) Attending to Tender Queries

The Consulting Engineer will assist the Client to attend to tender queries from bidders
of the EPC Construction project. All queries will be sent to the Consulting Engineer via
softcopies by emails. The Consulting Engineer shall prepare the response within 3
working days.

(4) Analysis of Tenders

(a) Upon instruction by the Client, the Consulting Engineer shall check, analyse,
summarize, and evaluate the Tenders received for the Construction tender,
including all authorized contacts and correspondences with the Bidders for any
additional information and clarifications regarding experience, personnel and
equipment proposed to be allocated by the Bidders to the works. The Consulting
Engineer shall submit the results of his review of the tenders in a comprehensive
report within the time specified by the Client for such review, attend meetings
in SEZAD, all for the purpose of providing the Client, Tender Board with the
information necessary for their decision regarding the Tender.

(b) The Consulting Engineer shall advise and assist in the preparation of the formal
Contract relating to the accepted construction tender.

(c) Upon award of the EPC Contract, the Consulting Engineer shall attend the kick-
off meeting in Duqm at his own expenses.

(5) The preliminary tender documents for the EPC construction tender for the road and
bridge project shall be made available for viewing at SEZADs Office in Muscat/ Duqm.

3.2 Services during EPC Construction Stage

(1) The Consulting Engineer is required to provide the necessary design services to check
on the submissions by the EPC Contractor, including any subsequent changes or
modifications made to the approved design by the Consulting Engineer. The design
services shall be provided until the successful completion of the Project.

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(2) The Consulting Engineer shall complete all checking on working/ shop drawings
submitted by the Contractor or third parties within 7 working days from the day the
submission is made available to him.

(3) The Design Services in connection with construction of the Works shall include, but not
limited, to the following:

(a) Check, review, analyse and present the design of all works associated with the
construction of the roads and bridges/culverts including site surveys; soil
investigations; geophysical surveys; topographic surveys; soil improvement;
slope stabilisation; traffic and engineering studies; utilities detection and
relocation; borrow areas; road design and utilities corridor; road and services
diversions; service tunnels and utilities crossings; drainage; foundation design
and pile load tests; bridge design; street lighting etc. for acceptance and approval
by the Client, Authorities and third parties etc.

(b) Check, review, analyse and present any modifications/ changes to the original
design of civil engineering works/ structures in the Project by the Contractor/
Client/ third parties for acceptance.

(c) Check, review, analyse and recommend any work design by the Contractor
required to complete the Project.

(d) Check the details of the modifications/ changes to ensure consistency with the
original design and that they conform to the local Codes and Standards.

(e) Evaluate, analyse and review the impact of such modifications/ changes on other
key structural elements of civil engineering structures and the overall structural
integrity.

(f) Assist the Contractor in obtaining government permits and consultations with
Authorities, services and utility providers, stakeholders etc.

(g) To prepare, as instructed by the Client, Terms of References, Conditions of


Contract and Technical Specifications for works by third party sub-contractors
such as additional sub-surface soil investigations, soil improvement works,
topographic surveys, destructive and non-destructive material tests, services
diversions etc., and to supervise all such investigations.

(h) Prepare and submit for each submission (other than working/ shop drawings),
evaluation report, analysis and design calculations, presentation if necessary,
etc. within 2 weeks upon receipt of the Contractors submission.

(i) To examine and highlight any missing requirement, which is essentially needed
for the Project, and which shall be carried out by the EPC Contractor.

(j) Any other design services which are not covered above but are normally
expected for road and bridge EPC projects.

(4) The Consulting Engineer shall be solely responsible for any claim from the EPC
Contractor for any delay in their review or response to the Contractors submission.

(5) Prepare Traffic Management Plans along & across NR 32 during and after the
construction work especially for stakeholders construction traffic, to ensure safety and

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smooth flow of traffic in coordination with ROP

(6) Delivery to the Client on completion of the work such records and manufacturers
manuals including As-Built Drawings as may be necessary to satisfactorily operate
and maintain the completed project facilities.

(7) Preparing Final Payment Certificate and Maintenance Certificate in accordance with
Conditions of Contract applicable for Civil Construction Works, for approval of the
Client.

3.3 Services during Maintenance Period

(1) Upon the successful completion of the project, the Consulting Engineer shall issue the
Certificate of Completion to the EPC Contractor and the 12-month maintenance period
shall commence. The entire site team of the Consulting Engineer will be released.

(2) The Consulting Engineer shall settle and finalise all claims and final payment with the
EPC Contractor.

(3) The Consulting Engineer shall provide support to the Client during the remaining
maintenance period. Should any defects occur, the Consulting Engineer shall notify the
Contractor, supervise and ensure the defects are rectified immediately.

(4) All costs related to the service of the Consulting Engineer during the Maintenance
Period shall be deemed to be included in the lump sum price for Design Services. No
claim for extra cost shall be entertained.

3.4 Qualifications of Design Team

The minimum qualification of the design team staff is given below. Bachelor degree should
be for four-year degree course from a recognised/ reputable university. The qualification and
experience of the design team staff shall be filled up using the given format in the Appendix.

(1) Project Director

Education
Minimum Bachelor Degree in Civil Engineering.
Experience
Minimum 20 years with experience in the planning, design and supervision of
major road and bridge projects.
Must be actively involved in such roles in last 5 years. Senior management of the
company or any staff, not directly involved in project management in the last 5
years will not be accepted.

(2) Road Design Engineer

Education
Minimum Bachelor Degree in Civil Engineering.
Experience
Minimum 10 years in transportation planning, traffic analysis and pavement design
for roads and highways.

(3) Bridge Design Engineer

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Education
Minimum Bachelor Degree in Civil or Structural Engineering.
Experience
Minimum 15 years in the design of cast-in-situ concrete post-tensioned multi-
cellular box girder bridges and other reinforced concrete bridges.

(4) Geotechnical Engineer

Education
Minimum Bachelor Degree in Civil Engineering, preferably with Master Degree in
Geotechnical Engineering
Experience
Minimum 10 years in the design of bridge foundations and soil improvement.

(5) Mechanical/ Electrical Engineer


Education
Minimum Bachelor Degree in Mechanical/Electrical Engineering
Experience
Minimum 10 years in the design of MEP works and streetlight for infrastructure
projects.

(6) Planning Engineer


Education
Minimum Bachelor Degree in Engineering
Experience
Minimum 10 years in planning and scheduling for infrastructure projects. Must be
conversant with the latest Primavera program.

3.5 Commitment of the Design Team

(1) The members of the design team shall visit the project site on a regular and need basis
to provide full design support to the site construction supervision team. All costs
related to the site visits shall be deemed to be included in the lump sum price for
Design Services. No claim for extra cost shall be entertained.

(2) The design team shall support the site supervision team in reviewing, commenting and
approving submittals, shop drawings, MAS, method statements, design etc. submitted
by the Constructor, sub-contractors, suppliers, manufacturers etc. Their support shall
also be provided to any other services which are not covered herein but normally
expected for road and bridge EPC projects. All such submissions shall be reviewed and
responded within seven (7) working days.

(3) The names and curriculum vitae of all the design team staff who will be assigned to
oversee and execute the Project shall be provided. These personnel shall be fully
committed to the Project and putting in substantial working hours into the Project. The
percentage time involvement in their current projects in the company and the
proposed percentage time involvement in the Project shall be indicated.

(4) These key staff shall not be replaced during the entire period of the Design Services. In
the event that any of the key staff leaves the Project Design Team, a replacement with
an equal or better experience and qualifications shall be provided. The Client reserves
the right to hire a replacement at the Consulting Engineers expense should the
replacement do not meet the requirements.

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(5) Bidders shall note that the Project Director proposed for the Project shall remain in
the Project for at least six months from the date of commencement of the Services.
Should he leave the Project before that, a one-time penalty sum of OMR 20,000 shall
be deducted from monies due to the Consulting Engineer. For other staff in the
Design Team, the sum to be deducted shall be OMR 10,000 each.

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SECTION 4 SCOPE OF CONSTRUCTION SUPERVISION SERVICES

4.1 Construction Supervision Services General

(1) The Consulting Engineer shall undertake the Construction Supervision Services during
the mobilization, execution and maintenance period of the EPC construction contract.
The overall services to be provided by the Consulting Engineer shall also include the
scope of services detailed in the review of design and modifications to the design of
the Contractor as detailed in Section 3.

(2) The Services shall include the undertaking of all duties related to supervision services
and ascribed to the Engineer in the Standard Documents for Building and Civil
Engineering Works, Fourth Edition, September 1999.

(3) The Consulting Engineer shall appoint qualified staff for adequate direct field
supervision to ensure full compliance by the Contractor with the Contract Documents
and Specifications. The qualification and experience of the field staff shall be approved
by the Client prior to their appointment.

(4) The Consulting Engineers supervision team shall plan and manage the Contractors
construction work in such a way to avoid the need of his staff to work after regular
working hours at night or on holidays including weekends. No overtime allowance is
payable to the Consulting Engineers supervision team by the Client or by the EPC
Contractor. The Consulting Engineers supervision team shall schedule their working
time to match that of the construction work.

(5) The Consulting Engineer shall administer and manage the Project until all the
requirements of the EPC construction contract including maintenance is fulfilled.

(6) The Consulting Engineer shall arrange fully furnished accommodations with all
amenities including food for his staff throughout the Project duration until the EPC
contract completion.

4.2 Specific Construction Supervision Services

In accordance with the foregoing, the services of the Consulting Engineer shall include but
not limited to the following:

(1) Checking the Contractors overall work programme, methodologies and examining his
proposals for mobilization of plant to sites and engagement of sub-contractors;

(2) Reviewing curriculum vitae of Contractors key site personnel and sub-contractors
information and giving approvals;

(3) Verifying and recommending to the Client the adequacy and authenticity of all
certificates, insurances, performance bonds, indemnities, ownership of plant etc. for
which the Contractor is liable under the Conditions of Contract;

(4) Monitoring the progress of the works by preparing charts at the end of each month
comparing the planned progress with actual achieved. This comparison will be
included in the monthly progress reports to be submitted to the Client with
explanations on the stoppages or delays in the implementation of the project, giving
details of measures recommended to avoid any future delays as well as possible

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measures to recover any lost time in the implementation of the project. The Consulting
Engineer is expected to have experience in reporting and capability to predict any
anticipated delay in completion of the project. The Consulting shall also carry out delay
analysis, assessment of extension of time claim by Contractor, and recommendation
of the extension of time for Clients approval.

(5) Examining and approving detailed, working or shop drawings submitted by the
Contractor or his sub-contractors. All these submittals need to be properly recorded,
including dates, review comments, action needed, re-submissions, etc. so there is a
clear track of all decisions made during execution of the project;

(6) Checking of the Contractors surveys, setting out of the Works and measurements
necessary for satisfactory construction of the works and for interim payment
recommendation and final payment Certificates;

(7) Supervising Contractors work on site investigations such as site surveys, soil
investigations, geophysical surveys, borrow areas location and materials quality etc.;

(8) Ensuring the quality of the Contractors works and execution of the Project are in
accordance with the Contract Documents and sound engineering practices;

(9) Ensuring Contractors compliance on safety, environmental health, security, labour


etc. rules and regulations;

(10) Carry out as may be necessary the inspection and testing of any materials,
manufactured products, electrical equipment and machinery for incorporation in the
Project in compliance with accepted Standard Practices;

(11) Instructing the Contractor to carry out any on-site tests including loading tests, test
records and settlements records as may be considered necessary including supervision
and verification of such tests;

(12) Making arrangements on behalf of the Client for the inspection and testing during
manufacture of such materials and plant as are usually inspected and tested. This also
includes reviewing and defining testing requirements and supervising the acceptance
tests on site;

(13) Ascertaining and recommending to the Client the suitability or otherwise of


manufacturers and sources of machinery and equipment and materials that the
Contractor proposed for incorporation into the permanent works;

(14) Preparation of any detailed construction drawings and designs, in addition to those
already prepared as may be necessary to execute the Project;

(15) Conducting weekly or regular progress meeting with the Contractor and prepare
minutes of all meetings. Provide site briefings on the progress of the Works as and
when requested by the Client;

(16) To prepare, if required, Conditions of Contract and Specifications for carrying out
additional sub-surface soil investigation, soil improvement works, topographic survey,
destructive and non-destructive material test etc. by specialized contractors to be
appointed by the Client and supervision of such investigations;

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(17) Recommending to the Client on any changes in plans and specifications, which may
prove necessary or desirable during the course of construction together with the
production of the necessary revised plans specifications etc. for any changes which
may be approved by the Client;

(18) Liaising with any other Consultants appointed by the Client regarding any engineering,
financial or legal matters related to the Works;

(19) Recommending to the Client, the acceptance or rejection of the works or any part
thereof constructed by the Contractor in accordance with the Contract;

(20) Periodic checking of quantities of work still to be executed and review of project
expenditures;

(21) Advising the Client on possible ways to reduce project expenditures and advising
Contractor possible measures for improving efficiency;

(22) Responding to Contractors correspondences, complaints, claims, requests etc. on any


site issues within 7 working days;

(23) Preparing Interim Payment Certificates, Certificate of Completion, Final Payment


Certificate and Maintenance Certificate in accordance with Conditions of Contract
applicable for Civil Construction Works, for approval of the Client;

(24) To control and appraise the progress of the Works, to issue all necessary instructions
to the Contractor in writing, issuing warning letters, the suspension of the works and /
or to determine the amount of extension of the period for the completion of the works
and variation orders, after prior consultation and agreement with the Client;

(25) Negotiating with the Contractor and making recommendations to the Client on the
rates for any unscheduled items of work which may arise;

(26) Delivery to the Client on completion of the work such records and manufacturers
manuals including As-Built Drawings as may be necessary to satisfactorily operate
and maintain the completed project facilities;

(27) Preparation and submission of Contract Completion and Maintenance Completion and
other Reports;

(28) Site inspection and preparation of a snag list of works defects to be rectified during
the maintenance period;

(29) Assisting in settling disputes or differences that may arise between the Client and
Contractor(s), except litigation and arbitration.

(30) Making recommendations of the appointment, as necessary, of any arbitrator to settle


any disputes or differences of opinion between the Client and the Contractor
concerning the execution of the Works; and

(31) Carrying out any other duties of the Engineer as may be necessary and incidental for
satisfactory construction supervision, procurement or implementation of the project.

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(32) The Consulting Engineer shall settle and finalise all claims and final payment with the
EPC Contractor. Upon the successful completion of the project, the Consulting
Engineer shall issue the Certificate of Completion to the EPC Contractor and the 12-
month maintenance period shall commence. The entire site team of the Consulting
Engineer will be released.

4.3 EPC Construction and Maintenance Schedule

(1) The Clients schedule for the construction period of the EPC Construction Contract is
as follows:

S/N Stage Duration


1 Mobilization period 3 months from the date of Letter of Award
to the EPC Contractor
2 Construction Execution 36 months after the Mobilisation period
3 Maintenance Period 12 months after the issuance of Certificate of
Completion

(2) Mobilization Period

(a) The mobilization period for the EPC construction Contractor is three (3) months
from the date of Letter of Award. During this period, the Contractor will have to
carry out various activities such as purchasing of construction insurances,
professional indemnity insurance, performance bond and advance payment
bond; obtaining construction and environmental permit, permit for all site
investigation works; approval of site establishments, borrow/ quarry areas;
material testing and approvals; setting up of the Contractor and Engineers
facilities etc. The Consulting Engineers Head Office will carry out the
supervision of all such duties and fulfill the requirement under the direction of
the Project Director.

(b) The Consulting Engineer shall allow for all cost relating to kick-off meeting as well
as other meetings held in Duqm.

(c) The Consulting Engineer shall estimate all input as office support for the services
required during this period to his best judgment and experience.

(d) The Consulting Engineer shall take care of all the activities during the
Mobilization Period and all costs shall be deemed to be included in the Schedule
of Remuneration (A) Item A2. No claim for extra cost shall be entertained.

(3) Construction (Execution) Period

(a) The Contractor shall complete the final design and obtain approval by the
Consulting Engineer before the construction work commences.

(b) The construction period is scheduled to be 36 months. The Consulting Engineer


is required to deploy at site the following staff upon instruction and approval by
the Client. For any extension of time in the project, the number of staff will be
as approved by the Client and the rate will be as quoted.

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Table 1 Deployment of Consulting Engineers staff on site.

No.
Item Position Required No. of Months
at site
1 Resident Engineer 1 36 months
2 Assistant Resident Engineer for Roads 1 36 months
3 Assistant Resident Engineer for Bridges 1 36 months
4 Geotechnical Engineer 1 36 months

5 Structural Engineer 1 36 months

6 MEP Engineer 1 36 months

7 Road Engineer 1 36 months

8 Civil Engineer for Roads 2 72 months

9 Civil Engineer for Bridges 2 72 months

10 Materials Engineer for Roads 1 36 months

11 Materials Engineer for Bridges 1 36 months

12 Planning Engineer 1 36 months

13 Resident Inspectors 3 108 months

14 Materials Inspectors 2 72 months

15 Quantity Surveyor 2 72 months

16 Land Surveyor 2 72 months


36 months
Health, Safety and Environmental
17 1
Engineer
Document Controller/ Administrative 36 months
18 1
Assistant
Total 25

(c) The Consulting Engineer shall provide all Design Office support to his site team
to carry out any activity and to liaise with the Client/ Contractor and Authorities
etc. on all matters relating to the Contract.

(d) The Consulting Engineer shall be aware that any leave/ absence of staff shall be
replaced with equivalent staff as approved by the Client.

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(e) The names and curriculum vitae of all the above personnel who will be assigned
to the Construction Supervision Team to oversee this Project shall be provided.
These personnel shall be fully committed to the Project and stationed in Duqm.

(f) The key staff shall not be replaced during the entire period of the Project. In the
event that any of the key staff leaves the Construction Supervision team, a
replacement with an equal or better experience and qualifications shall be
provided. The Client reserves the right to hire a replacement at the Consulting
Engineers expense should the Consulting Engineer failed to provide a
replacement or not meeting the requirements.

(g) The educational and experience requirements of each person are explained for
adherence by the Consulting Engineer. Each of these personnel should be
technically capable with leadership qualities. The staff should be deployed with
the prior approval of the Client.

Bachelor degree should be for four-year degree course from a recognised/


reputable university.

(i) Resident Engineer

Education
Minimum Bachelor Degree in Civil Engineering
Experience
Minimum 20 years of project management experience of which at
least 15 years in roads and bridge projects
Minimum 10 years experience as project manager or resident
engineer in major roads or bridge projects either with contractor or
consultant
Good knowledge of contract administration, construction procedures
and specifications etc.

(ii) Assistant Resident Engineer for Roads

Education
Minimum Bachelor Degree in Civil Engineering
Experience
Minimum 12 years of project management experience of which at
least 8 years in road projects
Minimum 5 years experience as project manager or assistant resident
engineer in major road projects
Good knowledge and experience in Oman Highway Design Standard
(OHDS) and AASHTO codes
Good knowledge of contract administration and construction of roads

(iii) Assistant Resident Engineer for Bridges

Education
Minimum Bachelor Degree in Civil or Structural Engineering
Experience
Minimum 12 years of project management experience of which at
least 8 years in bridge projects
Minimum 5 years experience as project manager or assistant resident
engineer in major bridge projects

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Good knowledge and experience in OHDS and AASHTO codes


Good knowledge of contract administration and construction of
bridges

(iv) Geotechnical Engineer

Education
Minimum Bachelor Degree in Civil Engineering
Experience
Minimum 10 years of site experience of which minimum 5 years as a
geotechnical engineer for bridges, roads and infrastructure projects.
Good knowledge and experience in soil investigations, foundations for
bridge, soil improvement etc.

(v) Structural Engineer

Education
Minimum Bachelor Degree in Civil Engineering
Experience
Minimum 10 years of design experience of which minimum 5 years as
design engineer for bridges. Good knowledge and experience in OHDS
and AASHTO codes, and pre-stressing and post-tensioning works at
site.

(vi) Mechanical/ Electrical Engineer

Education
Bachelor Degree in Mechanical/Electrical Engineering
Experience
Minimum 10 years in MEP works for infrastructure projects and at
least years as design engineer. Knowledgeable with OHDS, utilities and
street lighting.

(vii) Road Engineer

Education
Bachelor Degree in Civil Engineering
Experience
Minimum 10 years experience in road construction projects. Good
knowledge and experience in OHDS and AASHTO codes, road
alignment, surveying, pavement etc.

(viii) Civil Engineer for Roads

Education
Bachelor Degree in Civil Engineering.
Experience
Minimum 8 years site experience in road projects. Knowledgeable
and experience with OHDS and AASHTO codes, services protection and
relocation, road diversion, drainage, services ducting etc.

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(ix) Civil Engineer for Bridges

Education
Bachelor Degree in Civil Engineering.
Experience
Minimum 8 years site experience in bridge projects.
Knowledgeable and experience with OHDS and AASHTO codes

(x) Materials Engineer for Roads

Education
Bachelor Degree in Civil Engineering/ Material Engineering
Experience
Minimum 8 years of site experience of which at least 5 years as
material engineer for road work. Well versed with materials and
laboratory testing, sampling and inspection.

(xi) Materials Engineer for Bridges

Education
Bachelor Degree in Civil Engineering/ Material Engineering
Experience
Minimum 8 years of site experience of which at least 5 years as
material engineer in bridge construction. Good knowledge in materials
testing, soil, concrete and bridge foundation works.

(xii) Planning Engineer

Education
Minimum Bachelor Degree in Engineering
Experience
Minimum 8 years in planning and scheduling for infrastructure
projects. Must be conversant with the latest Primavera program.

(xiii) Resident Inspectors

Education
Diploma in Civil Engineering.
Experience
Minimum 8 years experience in road and/or bridge construction.
Good knowledge of surveying, site procedures and inspection.

(xiv) Materials Inspectors

Education
Diploma in Civil/ Materials Engineering.
Experience
Minimum 8 years site experience in road and/or bridge construction.
Good knowledge of works inspection, materials sampling and testing.

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(xv) Quantity surveyors

Education
Diploma/ Degree in Civil Engineering/ Chartered Quantity Surveying
Certificate from a recognized institution.
Experience
Minimum 10 years experience in quantity surveying for roads and
bridge projects.

(xvi) Land Surveyors

Education
Diploma/ Degree in Land Surveying or Civil Engineering
Experience
At least 8 years experience in surveying works for road and bridge
construction.

(xvii) Health, Safety and Environmental (HSE) Officer

Education
Degree in Health, Safety and Environmental or relevant, or degree in
engineering plus diploma/short term course in HSE.
Experience
At least 8 years experience in carrying out HSE duties for road and
bridge construction

(xviii) Document Controller/ Administrative Assistant

Education
High School Certificate and Certificate of Proficiency in Microsoft
Office (Word, Excel, Power Point, Outlook) software.
Experience
3 years of administration works in the construction site.

(4) Maintenance Period

(a) The maintenance period for this Project is twelve (12) months.

(b) The Consulting Engineer shall be required to perform, but not limiting, to the
following tasks during the maintenance period:

Ensure that the works defects as given in the snag list or any outstanding
works are rectified by the Contractor;

Preparing the maintenance inspection report;

Checking completion of any repairs suggested in the inspection report;

Visit the project site on a regular basis (minimum once a month) to look
out for any defects and to supervise the Contractors repair works.

Attend any site meeting(s) with the Client/Contractor as required until the
maintenance certificate is issued;

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Submit report after each site visit;

Issuance of maintenance certificate.

(c) The Consulting Engineer shall arrange his staff for inspection and any other tasks
as required during maintenance period. All cost shall be deemed to be included
in the Schedule of Remuneration (A) Item A3. No claim for extra cost shall be
entertained. In the event the Consulting Engineer failed to perform the required
task, the Client shall exercise his right to engage third party to carry out the work
and charge all cost to the Consulting Engineer.

4.4 Design Office Support

(1) Throughout the Services, in particular during mobilization and maintenance period of
the construction contract, the Consulting Engineer shall provide full Design Office
support from the local/ head office to the Site Construction Supervision Team to
complete and fulfill all the responsibilities for the Project, as well as responsive to the
Clients request for assistance.

(2) The services that the Consulting Engineers Design Office shall provide are listed
hereunder, but not limited to:

(a) Office facilities;


(b) Typing and IT/computing facilities;
(c) Messenger/ document delivery services;
(d) Telephone, fax and similar communication facilities;
(e) Drafting and printing facilities;
(f) Preparation of drawings and such;
(g) Reports preparation and binding facilities;
(h) Liaising with various Services Providers, Governmental Authorities, stakeholders
as and when required. The Consulting Engineer should keep them informed and
assist the Contractor to obtain clearances and permits for the Project;
(i) Support needed to monitor and supervise investigations, surveys etc.;
(j) Services required at site and elsewhere during mobilization period of the Project
when the staff is not deployed at the site;
(k) Preparation of contract documents (5 sets) for signature by the appointed EPC
Contractor and the Client;
(l) Approval of materials and measurements;
(m) Services required for finalizing all outstanding matters such as variation orders,
financial statements, measurements, payment certificates, final accounts, as-
built drawings, maintenance reports and manual etc., upon completion of works;
(n) Visits to the Project Site by key design staff from head office during the
construction stage;
(o) Services required at site during maintenance period including that of visits by the
Consulting Engineers staff.

(3) Input of office support is depending upon the Consulting Engineers best judgment and
experience for a similar project and environment.

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4.5 Reports

(1) During the construction supervision stage, the Consulting Engineer shall submit
monthly Progress Reports to the Clients Representatives. During the maintenance
period, the Consulting Engineer shall submit a report after each site visit.

(2) Daily report shall be emailed to the Client containing details such as movement of
materials, work status, stoppage of work, manpower, plant and machineries, resources
etc.

(3) Design review reports, shop and working drawings etc. as referred in Section 3 shall
be submitted within the time stipulated.

(4) Operation and maintenance report, if any, shall be finalized and submitted within 90
days of the construction completion.

(5) All other documents and records shall be submitted within 45 days from the date of
completion of the Project.

(6) After submission of any report, if Client has any comments or observations, the
Consulting Engineer shall resubmit the report after due modification within 15 days.

Preparation and Submission of Documents

(7) The Consulting Engineer shall prepare, print and bind the documents (reports, maps,
drawings, photographs, designs, etc.) in a presentable manner.

(a) Five (5) sets of Contract Documents for the EPC Construction contract

(b) Unless specifically stated in the technical terms of reference generally the
following will be required for reports:

(i) Three (3) hard copies and a soft copy of the monthly progress report
(ii) Three (3) hard copies and a soft copy of the design review report.

(c) Final submission on completion of the Project:

(i) One set of all original materials, soft copy of photographs, all original data
set etc. The submission should be made in a professional manner enabling
easy and safe storage.

(ii) Correspondence records All correspondences made during the


Consultancy Services, between the Consulting Engineer and the EPC
Contractor, shall be indexed and stored in a proper manner. They shall be
copied to CDs and submitted to the Client.

(iii) Measurements and invoices All measurements and invoices prepared


during the construction stage through completion, including all variations
and final bill, shall be submitted.

(iv) As-Built Drawings and Manufacturers Manuals

The Consulting Engineer shall review and correct the as-built drawings and
manufacturers manuals prepared by the Contractor. The Consulting

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Engineer submit three (3) original hardcopy sets of the Manufacturers


Manuals, and three (3) hardcopy sets and one softcopy of the as-built
drawings. The drawings shall be in AutoCAD format in accordance with the
Clients requirements and approval. The Consulting Engineer is also
required to execute a confidentiality/ non-disclosure agreement with the
Client.

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SECTION 5 REMUNERATION OF THE CONSULTING ENGINEER

5.1 General

(1) The remuneration of the Consulting Engineer for the required services in accordance
with the relevant items of the Scope of Services and the Conditions of this Tender
Document shall be as shown in the Schedules of Remuneration.

(2) All direct and indirect costs and expenses arising from the Services rendered by the
Consulting Engineer shall be deemed as included in the Schedules of Remuneration.
The Consulting Engineer shall price any services which are considered essential for the
Project, but are not included in the Scope of Services, under the appropriate Schedule
of Remuneration, as no additional payment will be made to the Consulting Engineer
except those in the Schedules of Remuneration.

5.2 Services by the Consulting Engineers Design Office

(1) All expenses incurred by the Consulting Engineer in carrying out the required Services
under this item, including all payments to staff overseas or in Oman, travel,
transportation and accommodations, food, office rentals, production of drawings,
reports, plans and tender documents, courier/communication; computer time;
overheads, profits and whatsoever necessary for carrying out the tasks in the Scope of
Services shall be deemed to be included in the Schedule of Remuneration (A).

(2) The amount quoted in the Schedule of Remuneration (A) shall be for the entire project
until completion, including any extension of time given to the Contractor i.e. no
additional payment will be made to the Consulting Engineer should there be a delay in
project completion.

(3) The Construction Project will be floated under a single EPC Contract. The payment for
Services during EPC Contractor Tender Stage (A1), EPC Construction Stage (A2) and
Services during Maintenance Period (A3) will be paid as a single lump sum.

(4) The payment under Schedule of Remuneration (A) shall be made as follows:

(a) Services during EPC Contractor Tender Stage (Item 1(a) and I(b)) will be paid in
full upon completion of task.

(b) Services during EPC Construction Stage will be paid in equal monthly payments
over the contract period and any approved extension of time.

(c) Services during Maintenance Period will be paid in equal monthly payments over
the maintenance period.

(5) In the event if Item 1(a) and/or 1(b) in the Schedule of Remuneration (A) was not
carried out due to whatever reason, the Consulting Engineer will not be paid for these
items. Any claims for loss of profits or expenses will not be entertained.

(6) The Bidder shall submit in his Tender a detailed breakdown of all lump sum items in
the Schedule of Remuneration, giving description, quantity, unit rates and amount. The
Client reserves the right to redistribute the unit rate and amount of such breakdown
item(s) to other item(s) within the lump sum item, with the lump sum amount remain
unchanged.

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5.3 Construction Supervision Services

(1) The rates per month in the Schedule of Remuneration (B) shall be binding for five (5)
years from the date of submission of this Tender. The rates for supervision after the
said period shall be subject to good-faith mutual negotiations and market conditions.

(2) The number of staff and the Man-Months (M-M), shown in the Schedule of
Remuneration (B) are for comparison of Tenders only, and could be increased or
decreased at the Client's discretion according to the progress and requirement of the
Works.

(3) The Remuneration for Supervision shall be in accordance with Schedule of


Remuneration and Clause (9.0) of the Standard Form of Agreement for Consultancy
Services for Building & Civil Engineering Works (Second Edition - March - 1987).

(4) The supervision fees shall include all expenses and profits, salaries and allowances,
taxes and insurances, medical, inflation costs, annual leave, transport,
accommodations, food, travel etc. for the Consulting Engineers staff.

(5) The supervision staff of the Consulting Engineer will be provided with furnished site
office by the Contractor on site. The Consulting Engineer shall exclude such costs in the
rates of supervision.

(6) The Consulting Engineer shall note that the Contractor will not be providing
accommodations and food for his staff in the site. Such costs and the cost of other
items not provided by the Contractor, shall be priced in the supervision rates.

(7) The deployment of the individual staff at the site is based on actual site requirement
and as instructed by the Client. The period of deployment may, therefore, be less than
the actual construction period.

(8) The payment for staff supervision shall be based on their actual physical presence for
the work at the site. Weekends and national holidays are counted towards payment
but not annual leave or any other leave type. The Bidder shall note that payment will
not be paid if a staff of the Construction Supervision Team is away on leave. The
Consulting Engineer shall provide a replacement approved by the Client, when an
existing staff is away on leave for more than one-month period. If the leave period is
less than one month, the Consulting Engineer shall make internal arrangement among
the remaining staff at the site to take over the duties. For this internal arrangement,
no payment whatsoever will be considered.

(9) In the event that the Consulting Engineer provide a staff of lesser years of experience
than that required and if the Client approved, the rate payable, shall be adjusted
proportionately based on market rates for staff with the respective years of
experience.

(10) Should the Consulting Engineer fail to provide the required manpower as instructed by
the Client, the Client shall recruit the staff through third party employment agency at
the expense of the Consulting Engineer.

(11) No overtime allowance will be payable to any of the Consulting Engineers staff. The
Construction Supervision Team shall schedule their working time to match that of the

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construction work.

Site Vehicles

(12) The Consulting Engineer shall provide and maintain at his own expenses,
transportation for their site supervision staff till their departure from the Site upon
completion of the project.

The Consulting Engineer shall provide and maintain a minimum of eight (8) brand new
4-wheel drive vehicles of which four (4) are station wagons (at least 3-litre capacity)
and four (4) are double-cabin pick-ups. The Consulting Engineer shall maintain all
vehicles in good working condition, and provide a replacement for any vehicle
undergoing repair for a period longer than one week.

The deployment of each site vehicles shall be upon the prior instruction and approval
of the Client.

The Client may rent vehicles to replace those not provided by the Consulting Engineer,
all at the Consulting Engineer's expense. After completion of the project, the vehicles
will revert to the Consulting Engineer.

45
Consultancy Services for Construction Supervision
of Roads & Bridges for NR32 in Duqm

Schedule of Remuneration (A) for Services by the Consulting Engineers Design Office

Item Description Rate (R.O.) Total Amount Total Amount in Words


Qty Unit
(R.O.)
A1 Services during EPC Contractor Tender Stage
1(a) Review the construction tender document and Lump
attending to bidders queries for EPC tender floated. 1
Sum
1(b) Tender evaluation and recommendation (Technical,
Lump
Financial and Final) including meetings and 1
Sum
presentations for EPC tender floated.
A2 Services during EPC Construction Stage Lump
1
Sum
A3 Services during Maintenance Period Lump
1
Sum
Carried to Remuneration Summary

Notes:

All direct and indirect costs and expenses arising from Services rendered by the Consulting Engineers Design Office, including rentals; subsistence allowances; travel;
accommodation; food; courier/communication; computer time; drawings, plans and reports printing; overheads; insurances; time spent by all staff of the Consulting
Engineer; and all other incidental costs, shall be deemed as included in the above items.

46
Consultancy Services for Construction Supervision
of Roads & Bridges for NR32 in Duqm

Schedule of Remuneration (B) for Construction Supervision Services

Item Position/ Description Rate Total Amount Total Amount in Words


No. Total Month
(R.O.)/Month* (R.O.)
B1 Resident Engineer 1 36
B2 Assistant Resident Engineer (Roads) 1 36
B3 Assistant Resident Engineer (Bridges) 1 36
B4 Geotechnical Engineer 1 36
B5 Structural Engineer 1 36
B6 MEP Engineer 1 36
B7 Road Engineer 1 36
B8 Civil Engineer for Roads 2 72
B9 Civil Engineer for Bridges 2 72
B10 Materials Engineer for Roads 1 36
B11 Materials Engineer for Bridges 1 36
B12 Planning Engineer 1 36
B13 Resident Inspectors 3 108
B14 Materials Inspectors 2 72

47
Consultancy Services for Construction Supervision
of Roads & Bridges for NR32 in Duqm

Part B: Schedule of Remuneration for Construction Supervision Services (Contd)

Item Position/ Description Total Rate Total Amount Total Amount in Words
No.
Month (R.O.)/Month* (R.O.)

B15 Quantity Surveyor 2 72

B16 Land Surveyor 2 72

B17 Health, Safety and Environmental Engineer 1 36

B18 Document Controller 1 36

4 x 36
Provision of 4x4 station wagons and maintenance =144
B19.1 4
including all running costs (Veh-
month)
4 x 36
Provision of double-cabin pick-ups and maintenance =144
B19.2 4
including all running costs (Veh-
month)
Carried to Remuneration Summary

48
Consultancy Services for Construction Supervision
of Roads & Bridges for NR32 in Duqm

SUMMARY FOR SCHEDULE OF REMUNERATION

S/N Item Total Amount (R.O.) Total Amount in Words

1 Remuneration for Services by the Consulting Engineers


Design Office (Schedule of Remuneration A)

2 Remuneration for Construction Supervision Services


(Schedule of Remuneration B)

3 Cumulative Total

4 Add 10% contingency for Items 1 & 2

GRAND TOTAL ( 3 + 4 )

Name of Consulting Engineer:

Date:

Signature of Consulting Engineer:

49
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

FORM OF AGREEMENT

THIS AGREEMENT made on the ____________________day of__________________2017 between


the Government of the Sultanate of Oman, represented by the Special Economic Zone Authority at
Duqm (SEZAD), P.O. Box 25, Bareeq Al Shatti, (Postal Code 103), Sultanate of Oman (hereinafter
called "the Client") of the one part and ___________________________________________________
____________________________________________(hereinafter called the Consulting Engineer)
whose Registered Office is at __________________________________________ of the other part.

WHEREAS the Client is desirous that Consultancy Services be rendered in accordance with the
Conditions of Agreement as contained herein and the Consulting Engineer is willing and capable to
render the said services and has submitted an offer and the Client has accepted the same for the
following:

PROJECT: CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF ROADS & BRIDGES FOR
NR32 IN DUQM

SERVICES: Design review and construction supervision of construction of roads and bridges

OTHER SERVICES: AS STATED HEREUNDER

_________________________________NIL_______________________________

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared by and between the parties
hereto as follows:

1.0 In this Agreement the words and expressions shall have the same meanings as are respectively
assigned to them in the Standard Conditions of Contract hereinafter referred to.

2.0 The following documents shall be deemed to form and be read and construed as part of the
Agreement viz:

(a) The Invitation to Tender


(b) The Said Offer
(c) Standard Form of Agreement and Conditions of Engagement for Consultancy Services
for Building and Civil Engineering Works (Second Edition - March 1987)
(d) SEZADs Letter of Acceptance
(e) The Instructions to Bidders
(f) -------------------------------------------------------------
(g) -------------------------------------------------------------
(h) -------------------------------------------------------------

3.0 In consideration of payments to be made by the Client to the Consulting Engineer as hereinafter
mentioned, the Consulting Engineer hereby covenants with the Client to perform the services
in conformity in all respects with the provisions of this Agreement.

50
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

4.0 The Client hereby covenants to pay the Consulting Engineer in consideration of the above
services the remuneration at the times and in the manner prescribed by this Agreement.

IN WITNESS whereof the parties hereto have hereunder set their respective hands and seals on
the day and year first above written.

_________________________________ ------------------------------------
SIGNED BY A DULY AUTHORISED WITNESS
SIGNATORY FOR AND ON BEHALF
OF THE CLIENT

_________________________________ ------------------------------------
SIGNED BY A DULY AUTHORISED WITNESS
SIGNATORY FOR AND ON BEHALF
OF THE CONSULTING ENGINEER

Approved, where applicable, in accordance with Royal Decree No. 48 of 1976 as amended.

__________________________________
H.E. THE CHAIRMAN-SPECIAL ECONOMIC ZONE AUTHORITY AT DUQM

51
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

APPENDIX A
TO
FORM OF AGREEMENT

CONSTITUTION OF PRACTICE AND/OR COMPANY

The Consulting Engineer shall together with his Tender submit a bound volume containing a copy of
each of the following currently valid certificates and documents:

1. The Registration Certificate of the Practice/Company at the Commercial Registration


Department of the Special Economic Zone Authority at Duqm.

2. The Licence approved and issued by the Department for Professional and Trade Authorization
of the Special Economic Zone Authority at Duqm.

3. The Certificate of membership of the Practice / Company with the Oman Chamber of Commerce
and Industry.

4. The Certificate of Registration with the Tender Committee, if required.

5. The name of the responsible person authorised to sign the Form of Agreement, his specimen
signature and Letter of Authority from the Practice / Company.

6. The name of the person or persons who will be responsible for the provision of the services to
be rendered together with their Curriculum Vitae.

7. A Professional Indemnity Policy drawn with an Insurance Company registered in the Sultanate
of Oman evidencing that there is sufficient cover for the possible non-performance of the
Consulting Engineer's Services as contained in this Agreement, and as required by Clauses 21.0
and 22.0 of the Standard Form of Agreement (Second Edition, March 1987).

8. The name of the Person or Company, if any, who is the Agent of the Consulting Engineer in the
Sultanate of Oman together with the certificate evidencing the Agency.

9. List of current projects with approximate construction values for which the Consulting Engineer
is at present providing services to Government organisations and the private sector together
with the commencement dates of such services and the anticipated completion dates.

10. List of projects completed during the previous ten years in the Sultanate of Oman with the
Contract Price, name of the Client, name and contact of Clients Project Manager and/or Liaison
Engineer.

52
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

APPENDIX B
TO
FORM OF AGREEMENT

CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION OF ROADS & BRIDGES


FOR NR32 IN DUQM

CLAUSE

1. PERIOD FOR SUPERVISION SERVICES 2.5 39 months + 12 months


Maintenance Period.

2. PERIOD FOR DESIGN SERVICES 6.0 For the entire project duration

3. LANGUAGES FOR CORRESPONDENCE 3.1 English

4. DETAILS OF SUPERVISORY STAFF 4.2(b) ----------------------------------


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

5. DESIGN SERVICES 7.1(b) R.O. ...


REMUNERATION
(Rials Omani .
..) as per Schedule
of Remuneration.

6. SUPERVISON SERVICES 7.2(c) R.O. ...


REMUNERATION (Rials Omani
..) being Actual
Supervision Cost in each month as
per Schedule of Remuneration.

7. DELAY IN COMPLETION 11.1 R.O. Actual Supervision Cost


CONTRACTOR/CLIENT during certified delay period.

8. AMOUNT OF INSURANCE COVER 21.5 Professional Indemnity Insurance


Sum R.O. 1,000,000 (Rials Omani
One Million)

53
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

FORM OF BID BOND

H.E. The Chairman


SEZAD Tender Committee
Post Box No. 25
Postal Code 103
Sultanate of Oman
Bid Bond No....................

By this bond we, ..............................................................................................................

whose address is..............................................................................................................

hereby guarantee Messrs.................................................................................................

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

and hold at your disposal the sum of R.O.......................................................................

being one percent (1%) of the Tender Value from.........................until.........................

a total period of one hundred twenty (120) calendar days.

This bond shall be free of interest and payable in cash on your first written demand in the event of the
Bidder either withdrawing his Tender within a period of one hundred (120) calendar days from the
date for the receipt of Tenders or failing to provide a Performance Bond within fifteen (15) calendar
days of acceptance of the Tender whichever date is earlier without any reference to or contestation
on behalf of the Bidder.

This bond should be returned to us upon its expiry or upon fulfilment of our undertaking whichever is
the earlier.

Authorised Signatories

(To be issued by a locally registered bank)

54
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

FORM OF PERFORMANCE BOND

The Special Economic Zone Authority at Duqm, (SEZAD)


P.O. Box: 25, Postal Code: 103,
Bareeq Al Shatti
Muscat
Sultanate of Oman

Performance Bond No.

Whereas (hereinafter
called the Consulting Engineer) has been awarded the contract dated for the
Consultancy Services For the value of RO ............... (Rials Omani
)

By this bond we
Whose address is

Are held and firmly bound unto the Special Economic Zone Authority at Duqm (SEZAD), Muscat,
Sultanate of Oman in the sum of R.O. .. being five percent
(5%) of the Contract Value.

We agree to make unconditional payment under this bond on your first written demand without any
reference to or contestation on behalf of the Consulting Engineer, during the tenure of his contractual
obligation with SEZAD, provided that the claim is received by us on or before .

The Guarantee will be effective from . and shall be valid up to after


which date our liability shall automatically cease, except that the expiry of the Bond shall not affect or
discharge our liability to make payment on any demand made on or before the expiry date.
This Guarantee should be returned to us upon its expiry or upon fulfilment of our undertaking
whichever is earlier.

Authorized Signatories
(To be issued by a locally registered bank in the Sultanate of Oman)

55
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

List of Omani personnel who are employed in the Company

A. Bidder shall list below all Omani employees who are employed in the Company.

Serial Name of Employee Job Category


No.

Note: Bidder shall provide additional sheets if required.

56
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

List of Expatriate personnel who are employed in the Company

B. Bidder shall list below all expatriate employees who are employed in the Company.

Serial Name of Employee Job Category


No.

NOTE: Bidder shall provide additional sheets if required.

57
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

SAMPLE FORM

FORMAT OF CURRICULUM VITAE FOR CONSULTING ENGINEERS STAFF

Name:
Profession/ Current Position in Firm:
Years with Firm:
Nationality:
Proposed Position for Project:
Proposed percent time spent on Project (for Design Office staff only):

Education:

(Please provide name of university, year and degrees obtained)

Experience Record:

(Please list all positions held since graduation, giving years in chronological order, name of employer,
position held, location of assignments, duties and responsibilities. For experience in last ten years, also
give types of activities performed)

Language:

(Indicate proficiency in speaking and writing of each language by excellent, good or fair.

Signature of Staff Member: Date:

58
CONSULTANCY SERVICES FOR CONSTRUCTION SUPERVISION
OF ROADS & BRIDGES FOR NR32 IN DUQM

BIDDERS ENCLOSURES

Bidder shall properly bind in after this page the supporting documents required by the Instructions to
Bidders. All documentation shall be endorsed with Bidders official company stamp. Where any Tender
does not comply with this instruction, or if any supporting documents are not submitted, the Tender
will be rejected.

59

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