T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

C1, FORM OF AGREEMENT

Section C1, Form of Agreement, Rev 1 Page 1 of 7

 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

FORM OF AGREEMENT
This Contract is made this ........ day of ............ 2016, (Effective Date)
Between:-
Oman Broadband Company SAOC, (‘Oman Broadband’) whose office is at Knowledge Oasis
Muscat , Facility Building , 5th and 6th Floor, P.O.BOX 3 , P.C 135 KOM, Sultanate of Oman
and
[Full legal name of contracting party] (‘The Contractor), whose Head Office is at [head office
location of the Contractor]
WHEREAS:
Oman Broadband requires certain work to be performed and services to be rendered in connection
with “Tender # T-014-16 Construction Support for FTTX end user connections, Network
maintenance and Minor works” collectively referred to as "Work" or “the Work”
and
IT IS AGREED as follows:-
1) In this Form of Agreement, and appendices, words and expressions shall have the meanings set
out in Section C3, Conditions of Contract.

2) The Works shall be carried out by the Contractor in accordance with the following Sections which,
together with any documents incorporated by reference, shall form the Contract:

C1 Form of Agreement (including Appendix "The Contract Schedule")

C2 HSE Specification
C3 Conditions of Contract
C4 Scope of Work
C5 Schedule of Prices
C6 Specification and drawings
C7 ICV Content
C8 Data provided by the Contractor

3) The 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.

5) Provided The Contractor performs and completes the Works in accordance with the Contract,
Oman Broadband shall pay, or shall cause to pay, the Contractor, in exchange and in consideration
thereof, the Contract rates in the manner stated in Section C5, Schedules of Prices.

6) 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. No amendments to the Contract shall be effective, unless evidenced in writing and duly
signed by the authorised representative of the parties.

Section C1, Form of Agreement, Rev 1 Page 2 of 7

 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

7) This agreement is to be executed on call-off basis and actual Oman Broadband committement
can only arise upon issue of Work Package.
8) This Agreement is non-exclusive agreement and Oman Broadband reserves the right to seek
similar services through any other means.
9) This agreement is valid for one years from its effective date unless otherwise extended/ terminated
by either party in accordance with the conditions set in Appendix 2 to the Contract.

EXECUTED by the parties set out below.

For: Oman Broadband Company SAOC

Signature:

Name :

Position :

Date :

For : [Name of The Contractor]

Signature:

Name:

Position :

Date :

Section C1, Form of Agreement, Rev 1 Page 3 of 7

 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

Appendix 1 - Contract Schedule

Item Description
Detail Particulars

Contract Duration
Possible extension period Another two years

Value of the Performance Bond RO 25,000

WP Defects Notification Period 365 days from the completion of

each Work Package

Oman Broadband’s Contract Holder

Oman Broadband’s Contract Owner

The Contractor’s Contract Representative

Time, within which payment is to be made 45 days payment terms
after Validation Certificate
Advance Payment N/A

Percentage of Retention Money 10% of value of work done

Limit of Retention Money RO 25,000

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 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

Any notice by either party to the other concerning the Contract shall be given in accordance with the
Section C3, Conditions of Contrct at the following addresses:-
[Address 1]
The Contractor’s
Address
[Address 2]

[Address 3]

[Address 4]

Telephone No. [Telephone]

Fax. No. [Fax]

Email: [Email of The Contractor ]

Oman Broadband Company SAOC,

Oman Broadband’s
Address Knowledge Oasis Muscat ,

Facility Building , 5th and 6th Floor,

P.O.BOX 3 , P.C 135 KOM,

Sultanate of Oman

Telephone No. : Tel of the Contract Holder

Email: Email of the Contract Holder

In the event of a change of address, a minimum of 30 days prior notice shall be given to the other party.

Section C1, Form of Agreement, Rev 1 Page 5 of 7

 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

Appendix 2 - Constitution Of Company

1. International Companies:

1.1 The Contractor shall prior to the signature of the Form of Agreement submit notarially authenticated
copies of the original documents defining the constitution of the Company, powers of attorney and
other relevant documents. In case of a Partnership or Firm, these documents shall be duly
authenticated extracts from the partnership deed or other documents. These documents shall also
show by what persons and what manner contracts may be entered into and what persons are directly
responsible for the due execution of such Contracts and can give valid receipts together with
specimen of their signatures.

1.2 An overseas power of attorney of a foreign signatory to the Tender shall have been endorsed by an
approved Omani authority (such as an Embassy).

1.3 A Contractor intending to undertake the Contract jointly with or in association with another firm or
firms including firms or persons acting in an advisory or consultative capacity shall submit a statement
showing how the Contract commitment will be undertaken and the exact relationship between each of
the parties.

1.4 The name and address of The Contractor's agent resident in Oman (if applicable).

2. Omani Companies:

2.1 The Contractor shall prior to the signature of the Form of Agreement submit details of the nature of
the Company, i.e., partnership, limited liability, joint venture, joint stock, together with the
commercial registration number. These documents shall also show by what persons and in what
manner contracts may be entered into and what persons are directly responsible for the due
execution of such Contracts and can give valid receipts together with specimens of their signatures.

Section C1, Form of Agreement, Rev 1 Page 6 of 7

 T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works

Appendix 3– Form of Performance Bond

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

Name of Issuing Bank

Reference No: T-014-16 Construction Support for FTTX end user connections, Network
maintenance and Minor works
Issue Date: ………………
Oman Broadband Company S.A.O.C.
Knowledge Oasis Muscat , Facility Building , 5th and 6th Floor
P.O.BOX 3 , P.C 135 KOM, Sultanate of Oman

Performance Bond No. .. .......................... ..

Whereas ............................................................................................................................. (hereinafter
called the Contractor) has been awarded a Contract dated .............................. for construction, completion
and maintenance of:
T-014-16 Construction Support for FTTX end user connections, Network maintenance and Minor works
On call-off basis by this bond we ..........................................................................................................
whose address is ................................................................................................................ are held and
firmly bound unto Oman Broadband, Muscat in the sum of R.O. 30,000 (Thirty thousands Omani Riyals).
We agree to make unconditional payment under this bond on your first written demand without any
reference to or contestation on behalf of the Contractor provided the claim is received by us on or before
............................................................................................... (365 days after the expiry of the Contract).
The Guarantee shall be effective from ................................................... and shall be valid up to
...................................................................................... (365 days after the expiry of the Contract), after
which date our liability shall automatically cease.
The Guarantee 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)

Section C1, Form of Agreement, Rev 1 Page 7 of 7