C311333 - Amal HRSG-1 Project

Petroleum Development Oman LLC

Contract Number C311333
Amal Heat Recovery Steam Generator (HRSG)-1 Project
C1, Form of Agreement

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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C311333 - Amal HRSG-1 Project

FORM OF AGREEMENT
This Contract is made this ........ day of ............ 201..., (Date of the Company's Fax of Award or date
of signing Contract which ever is earlier) (Effective Date)
Between:Petroleum Development Oman LLC (Company) whose Head Office is at Mina Al Fahal, Sultanate
of Oman,
and
[Full legal name of contracting party] (Contractor), whose Head Office is at [head office
location of Contractor]
WHEREAS:
Company requires certain work to be performed and services to be rendered in connection with
[Contract No. & Title] collectively referred to herein as "Work" or the Work
and
IT IS AGREED as follows:1)

In this Form of Agreement, and appendices thereto, words and expressions shall have the
meanings set out in Section C3, General Conditions, and Section C2, Special Conditions, if
any.

2)

The Work shall be carried out by Contractor in accordance with the following Sections which,
together with any documents incorporated by reference therein, shall form the Contract:
C1

Form of Agreement (including Appendix "The Contract Schedule")

C2

Special Conditions - (Total number of pages )

C3

General Conditions

C4

Scope of Work

C5

Schedules of Rates

C6

Technical Specifications & Drawings

C7

Local Content

C8

Procedures for Contractors

C9

Health, Safety and Environment Specifications

C10

Data Provided by Contractor

3)

Contractor hereby declares to have full knowledge and understanding of the content of all
documents whether contained or referred to in the Contract.

4)

The documents forming part of the Contract shall be taken as mutually explanatory and
complementary. In case of any conflict or contradiction, and unless otherwise provided for
in the Contract, the order of priority of the documents forming the Contract shall be as given
in item 2 above.
NB: the following paragraph to be applicable where the awarded work is not the Base Scope
but includes Alternatives and Options required to be awarded at Tender stage.

5)

The Work comprises the following Alternatives and Options as detailed in Section C4 Scope
of Work:

Alternative /s (reference item)

Option /s (reference item)

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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C311333 - Amal HRSG-1 Project

6)

Provided Contractor performs and completes the Work in accordance with the Contract
Company shall pay, or shall cause to pay, Contractor, in exchange and in consideration
thereof, at the Rates and the manner stated in Section C5, Schedules of Prices.

7)

Company shall have the right to apply penalties as set out in the Contract. Such right shall
be without prejudice to Company's other rights and remedies under the Contract or at law.

8)

If a value for the performance bond is stated in Appendix 1 herein, Contractor shall provide
Company with a performance bond in accordance with Appendix 2 hereof.

9)

The Contract constitutes the entire agreement between the parties and supersedes all prior
negotiations, representations, warranties and agreements related to the Contract, whether
written or verbal. All other terms and conditions, including but not limited to Contractor's
general terms and conditions, if any, are explicitly rejected and shall not be applicable to the
Work. No amendments to the Contract shall be effective, unless evidenced in writing and
duly signed by the authorised representative of the parties.

EXECUTED by the parties set out below.

For:

Petroleum Development Oman LLC

Signature:
Name:
Position:
Date:
For:

[Name of Contractor]

Signature:
Name:
Position:
Date:

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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C311333 - Amal HRSG-1 Project

APPENDIX 1 - CONTRACT SCHEDULE

Item Description

Article No. of
C3 General
Condition

1) Commencement Date

1.9.2

2) Contract Duration
(including stated
Commissioning Periods)

Detail Particulars

To be identified after award

660 days

AQ
3) Substantial
Completion

1.5.1

550 days

4) Completion

1.5.2

660 days

5) Final Completion

1.5.3

As per Section C3 Article headed Warranty

for the Work

6) Companys Contract
Holder

20.1

Harith Amry, UIE5

7) Contractors Contract
Manager

20.1

[Contractors Contract Manager,

position]

8) Value of Performance
Bond
(See Appendix 2 herein)

10% of Contract Value until completion

5% of Contract Value after Completion
of Work until Final Completion of Work.

Note : Dates to be inserted upon finalizing the contract document.

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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C311333 - Amal HRSG-1 Project

Any notice by either party to the other concerning the Contract shall be given in accordance with the
Section C3, General Conditions at the following addresses:Contractor Address

[Address
[Address
[Address
[Address

1]
2]
3]
4]

Telephone No. [Telephone]

Fax. No.
[Fax]
Email
[Contractors email]
Company Address

Petroleum Development Oman,

P.O. Box 81,
Muscat,
Postal Code 100,
Sultanate of Oman.
Attn: Contract Holder (Harith Amry, UIE5)
Telephone No. +968 24678882
Fax. No.
+968 24677332
Email
Harith.HM.Amry@pdo.co.om

In the event of a change of address, a minimum of 30 days prior notice shall be given to the other party.
If during the term of the Contract the Contractor becomes aware of a change or an intended change
in shareholding in Contractor, Contractor shall immediately inform Company of such change or intent
of change.

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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C311333 - Amal HRSG-1 Project

APPENDIX 2 PERFORMANCE BOND

1.

2.

3.

4.

Contractor shall at its sole expense procure a performance bond issued by a reputable bank in
Oman, as approved by Company, in the form stipulated below and for the sum stipulated in
Appendix 1 herein.
The performance bond shall come into effect within ten (10) days from the Effective Date and
shall be valid for the period stipulated by Company below. In no event shall Company be
obliged to make any payments to Contractor under the Contract before having received the duly
signed performance bond.
Contractor shall at its sole expense ensure that the performance bond is amended periodically
to reflect any approved increase in the Contract Price or extension of the Completion Date or
the Warranty Period and shall submit the revised original of such document to Company.
In the event Contractor defaults or otherwise fails to perform an obligation under the Contract
and, having been given written notice of such default by Company, Contractor fails to remedy
such default within a specified or reasonable duration, Company shall have the right, to call on
the performance bond to recover the costs incurred by Company due to Contractors default.
Name of Issuing Bank
Reference No: C311333
Issue Date:

Petroleum Development Oman L.L.C.,

P.O. Box 81,
Muscat,
Sultanate of Oman.
Attn: Harith Amry, UIE5
Performance Bond
We have been informed that Petroleum Development Oman L.L.C. (Company) whose registered
office is at Mina al Fahal, Sultanate of Oman, has awarded Contract C311333 to [contractor name]
(Contractor) whose registered office is at [location, country] for the provision of [contract title]
Services.
In order to ensure

the timely commencement and completion of the Services by Contractor as required under the
Contract, and

that Contractor will carry out all other obligations in accordance with the terms of the Contract,

Contractor shall provide Company with a performance bond for a sum of 10% of Contract Value.
This guarantee shall come into force within ten (10) days of the Effective Date of the Contract, and
shall remain valid for the full amount until we receive Companys written declaration that it has issued
the Substantial Completion certificate in accordance with the Contract. Thereafter, this guarantee
shall remain valid for 12 months Warranty Period for the amount of 50% of value stated above.
We, the undersigned bank, hereby irrevocably, unconditionally and independently guarantee to pay to
Company within five (5) days upon your first written demand any amount up to the prevailing amount
of the bond, against your written declaration that Contractor, despite having been summoned in
writing, has not carried out an obligation under the terms of the Contract.
Signed: Issuing Bank

Section C1, Form of Agreement, Rev 2.2 Feb 2010

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