AL YARMOUK RESIDENTIAL COMPLEX

Baghdad/IRAQ

INSPECTION, TESTING AND COMMISSIONING TOWER

CRANE INSTALLATION

FEBRUARY 2023

Doc. No.: BAC-31-MB-GN-AYR-CT-0073-00

Prepared by

BAC

Doc. No.: BAC-31-MB-GN-AYR-CT-0073-00 Page 1 / 5

 INSPECTION, TESTING AND COMMISSIONING TOWER CRANE INSTALLATION

THIS AGREEMENT, made on the 27th of February 2023, between; AL BURJ AL ALE CONSTRUCTION
COMPANY (hereinafter called 'the First Party’) located in Baghdad / Iraq and QUALITY EXPERTS
SERVICES (Hereinafter referred to as the 'Second Party'), located in Baghdad / Iraq to carry out the
Inspection, Testing and Commissioning of Tower Crane Installation of the Al Yarmouk Residential
Complex’s Al Yarmouk site (Hereinafter referred to as the 'Construction Site').

WITNESSETH, that the First Party and the Second Party, for the consideration stated herein jointly
referred the “Parties”, mutually agree as follows and related Appendices.

ARTICLE 1. SCOPE OF THE AGREEMENT AND OBLIGATIONS:

The Scope of this Agreement is the involves:
a) Third-party Pre-use inspection, testing and commissioning of the 4no Zoomlion Tower Crane
installations and providing inspection reports and third-party certification.
b) Periodic in-service inspection every six (6) months of the 4no Zoomlion Tower Crane and the
2no Potain Tower Cranes erected on-site.

The inspection, testing and commissioning will be performed according to the universally accepted
standard of “BS7121-2-5:2012 Standard; Inspection, maintenance and thorough examination –Tower
cranes”.

The parameters of the respective Tower Cranes are included herein in (Appendix #2, and Appendix #3),
as per the respective Tower Crane Manufacturers are seen and understood by the Second Party.

ARTICLE 1.1. THE SECOND PARTY’S OBLIGATIONS:

The Second Party will provide, an inspection team on the site who will inspect, test and commission as
well as provide third-party certification for the tower crane installations to ensure that the tower crane
structures and operating system conform to the manufacturer’s prescribed specifications and local
safety regulatory standards.

The Second Party will carry out all the periodic in-service inspections under his scope according to
international standards, the manufacturer’s technical specifications, enclosures of this contract and
local safety regulatory standards.

ARTICLE 1.2. FIRST PARTY’S OBLIGATIONS:

The First Party shall be responsible for the mobilization of a mobile crane and deadweights for the load
test if required.

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The First Party shall provide for the food and accommodation of the Second Party’s inspection team (2
persons).
The First Party shall provide two helpers (labour) to support the Second Party’s Inspection team.

ARTICLE 2. AGREEMENT PRICE:

a) In consideration of the third-party pre-use inspection, testing and commissioning service for the
4no Zoomlion tower cranes in accordance with the requirements of the Agreement, the First Party
shall pay to the Second Party a fee of IQD 661,500 ($450) per day for one team of 2
Engineers/technician for a duration of 2 days (10 working hours/day);
b) In consideration of the periodic inspection service of the 6no tower cranes erected on site, the
First Party shall pay to the second Party a fee of IQD 661,500 ($450) per day for one team of 2
Engineers/technician for a maximum duration of 2 days (10 working hours/day).
c) All personnel’s salaries, transportation and all kind of taxes and insurance are included in the price.

The Second Party will not demand a change in this fee by showing any excuse.

ARTICLE 3. PAYMENT SCHEDULE:

The Second Party will prepare a payment certificate upon completion of the service and submission of
the inspection report and Third-party certification.
Payment terms:
 100% of the total cost will be paid within 2 days after the submission of the inspection report and
Third-party certification from the Second Party to the First Party.
 All Payments shall be made in Iraqi Dinar (IQD).

ARTICLE 4. TIME FOR COMPLETION OF THE WORKS:

The inspection, testing and commissioning service shall be performed and completed within 2 working
days. The Second Party shall be notified of the date and time of the inspection at least 2 days prior to
the inspection.
Thereafter, the Second Party will submit the inspection report not later than 2 days from the date of
inspection.

ARTICLE 5. GENERAL SAFETY TERMS:

The Second Party shall provide the appropriate personal protective equipment for their personnel while
on-site and shall abide by the site HSE regulations.
The Second Party accept and signs the HSE Commitment of the First Party.

ARTICLE 6. INDEMNIFICATION:
The Second Party will defend, indemnify, and hold all kinds of harm for, from, and against all claims,
actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known

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or unknown, including, without limitation, legal fees, resulting from for rising out of, whether directly or
indirectly, the following: damage, injury, and/or death caused directly or indirectly by Second Party and
/or Second Party’s shareholders, staff, employees, or representative.

ARTICLE 7. ASSIGNMENT OR NOVATION

The Second Party shall not assign or transfer, whether by an assignment or novation, any of its rights,
duties, benefits, obligations, liabilities or responsibilities under this Agreement without the written
consent of the First Party.

ARTICLE 8. ENCLOSURES TO THE AGREEMENT:

The Contract and its enclosures are integral parts of this Agreement. In case of discrepancies between
the Contract and this Agreement, the Terms and Conditions of this Agreement shall prevail between the
Parties unless otherwise stated elsewhere.

Appendix #1 Subcontractor HSE Commitment

Appendix #2 Tower Crane Specifications - Potain
Appendix #3 Tower Crane Specifications - Zoomlion

For and on behalf of: For and on behalf of:

QUALITY EXPERTS SERVICES AL BURJ AL ALE CONSTRUCTION COMPANY

Second Party First Party

Representative of Firm Managing Director
Guney Ikiz

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Appendix #1 Subcontractor HSE Commitment
Site safety requirements by the subcontractor to be granted approval to work on the site. All
Subcontractor workers must follow site safety instructions:
1. Wearing safety equipment safety helmet - safety shoes - safety vest with safety gloves the safety of
workers is the responsibility of the Subcontractor.
2. The HSE officer of the company gives a brief of the nature of the work and the potential risks at the
site by holding a lecture daily to explain the risks of the work and make sure that everyone attends
with their signature.
3. The Subcontractor shall, on a daily basis, provide the Main Gate of the Project a list of names of
workers who enter the site (the names of workers - their jobs - today's date signed by the responsible
Engineer).
4. Any transportation of equipment entering the site is the Subcontractor’s responsibility.
5. Maintain the cleanliness of the work site and carry out the cleaning on a daily basis before leaving
the site and removing all dirt.
6. Not smoking and allocating a designated area for smoking.
7. The Subcontractor shall erect a barricaded area if requested.
8. The Subcontractor shall corporate with our safety officer(s), and shall implement all the instructions
required of him.
9. Stay away from any dispute on the site and report immediately in such cases to the security of the
site.
10. All Subcontractor vehicle drivers must follow the speed limit within the site, 10 km/h.
11. In the case of working at high, all requirements or equipment for work in high areas must be provided
and approval granted before the start of work.
12. Provide all the information needed by the Subcontractor about his employee(s).
13. In case of maintenance to the Subcontractor equipment (the Subcontractor shall be allocated an
area inside his work area) for repairing the machinery.
14. The Subcontractor is responsible for appointing a competent and certified HSE in charge at the
construction site and he should be capable of identifying existing and predictable hazards in the
surrounding or working conditions.
15. The Subcontractor should place all warning signs related to his activity for Al Yarmouk Residential
Complex Project.
16. The Subcontractor shall provide proper PPE Equipment in situations where the atmosphere cannot
be adequately ventilated for human health.

__________________ _____________________
The Subcontractor Signature/Stamps Date

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