DASCO Co; gS eee CONSTRUCTION SERVICES AGREEMENT ‘This Construction Services Agreement ref. DASCO-SUB-05-2023 (hereinafter the “Agreement”) is made on the 20th day of May 2023, (hereinafter called the “Effective Date”), in the city of Riyadh, Kingdom of Saudi Arabia. BY AND BETWEEN M/S. Development Advance Solution Co. Lt. (DASCO) licensed to operate in the Kingdom of Saudi ‘Arabia under Commercial Registration No, 1010465212 having its registered address at: Imam Abdullah Bin Saud, Riyadh, PO Box 2085 Riyadh 13225, Kingdom of Saudi Arabia, and VAT No. 310075851600003 hereinafter called the “First Party” or the “Contractor” ‘AND M/S. Wadi Siwat Al sharq for Contracting Est. licensed to operate in the Kingdom of Saudi Arabia under Commercial Registration No, 1010697592 having its registered address at: 4-3-36-12653-6928 hereinafter called the “Second Party” or the “Services Provider” and represented by the General ‘Manager Mr.Mohamed Ibraheem Momen Khan Gs. es pil same Each of the Contractor and the Services Provider may be referred to individually as a “Party”, and together they may be referred to as the “Parties”. WHEREAS: 1, The Services Provider is specialized in the field of finishing and related works and possesses sufficient experience in finishing works in similar kind of projects and is interested to offer its services to the Contractor for the Gypsum Workmanship; False Ceiling Workmanship; Ceramic, Porcelain, Terrazzo Marble and Granite Finishing; Painting Workmanship at Phases 1, 2, 5 and 6 of King Faysal Air Academy at Majmaa. 2. 2, The Contractor wishes to award a sub-contract to the Services Provider (the “Agreement”), for the performance of a certain defined agreed and specified works part of the Works as per Article 1 below, whereby the Services Provider will undertake the Agreement Works in accordance with Project design, drawings, specifications, standards and Contractor's instructions. NOW BOTH PARTIES HEREBY MUTUALLY AGREE TO THE FOLLOWING ARTICLE (1) - SCOPE OF AGREEMENT WORKS 1.1. The Services Provider shall execute and complete the Agreement Works herein below including any seamless work considered to be directly or indirectly needed to complete the ‘Agreement Works in accordance with terms and conditions of this Agreement, complete in all aspects and on Project requirements, Drawings, Specifications, Bill of Quantities, Responsibility Matrix 1.2. Services Provider shall provide necessary manpower trades as per requirements ofthe final design drawings, shop drawings and Project Specifications, Scanned with CamScannerDASCO Delopnent Adee stron Ca 1.3, Services Provider shall diligently and timely repair the defective part of works as per Instructions of the Contractor and in accordance with the specifications and approved methods. 1.4, Services Provider shall be responsible to provide the supervisory staff to supervise his works. ‘The supervisory staff shall include Site Engineers, Foreman, etc. 15. The Contractor has the right to request for replacement of any personnel who, in the opinion of the Contractor, are lacking required performance or misbehaving of not abiding the country laws in any way. 1.6. Services Provider shall be responsible forall his expenses in relation to the Agreement ‘Works including taxes, duties, fees, levies, workers visas, salaries, wages, overtime, work permits, medical, GOS! & other insurances and any and alll other expenses. 1.7. Throughout the duration of this Agreement, Services Provider shall maintain housekeeping, ‘20d keep the working area in neat snd clean’ 18. The Services Provider shall undertake all the works in compliance with the comments of the Employer/ the Engineer / the Contractor to obtain final approvals and acceptance of the works. 1.9. Services Provider shall work in any location, any building, any floor as per instructions of the Contractor within the limit of his scope of work as specified in this Agreement and ‘Agreement Documents. 1.10. The Services Provider, upon award of this Agreement, shall provide the following: - ‘Manpower mobilization plan. - Any other document(s) requested by the Engineer/the Employer. 111. Services Provider's employees shall comply with all the Kingdom's Laws and regulations, and with all directives issued by the Contractor regarding all matters related to the Agreement including quality, safety and security, site working hours etc. at no cost to the Contractor. 1.12, ‘The Services Provider shall follow and coordinate with the Contractor regarding the ‘Agreement works. 1.3. Ifthe total number of the service provider personnel above 50 then Provision of site safety officers as required by the Applicable Law (Ratio 1/50). Nevertheless, Services Provider shall comply with the Contractor's Project’s approved Health & Safety Plan and the Applicable Laws, and codes and standards governing safety and health in the workplace, including but not limited to compliance with applicable permits, project plans and approvals. Services Provider shall be solely responsible for conducting operations under this ‘Agreement to avoid risk of harm to the health and safety of persons and property and for inspecting and monitoring all equipment, materials and work practices used in the Work to ensure compliance with its obligations under this Agreement. Services Provider shall comply with the directions of the Contractor's safety representatives and shall maintain a safe work environment throughout the duration of the Agreement.: aero? Scanned with CamScannerDASCO Drreoeet Adaceseten Co 2. ARTICLE (2 2.1 Scope of Work: ‘sn_[ttem Unit [avt : | \ 1 pnterdock Tiles M2 [Open conic | sper aichent | DFAT | -|W4-na ‘Paver Tiles M2 | Open Contract | As per Attachment No 400x400x40mm pavers M2] Open Contract | As per Attachme | | 6600x600x60mm BE AA | xaerht | 4 | Curbstone Um | Open Contract | As per Attachment No | 1503200x350mm DFA ea | v5 | ty matrix as per the Attachment No WS-A-1. 2.2 The unit price and responsi ARTICLE (3) - AGREEMENT SCHEDULE 3.1. Services Provider shall carry out the Work with due diligence and without delay; furnish sufficient personnel, equipment, and facilities; and work such hours to assure prosecution of the Work under this agreement to finish in accordance with the contractor proposed dates. 3.2 Ifat any time, Services Provider's actual progress is inadequate to meet the requirements of the ‘works schedule stipulated in each Agreement, Contractor may notify Services Provider to take such steps as may be necessary to improve its progress and require Services Provider to submit a ‘written recovery plan that will ensure Services Provider's compliance with the requirements of this Agreement. 3.3 The Completion Period may be extended if other works under the Prime Contract are delayed. for any reason which is not attributable to Services Provider. Services Provider agrees to perform the Works in full compliance with detailed Schedule provided by Contractor or any Contractor's approved amendment thereof. 3.4 The Services Provider agrees to modify its ongoing construction schedule to cope with any modifications that may be needed due to changes in the Prime Contract Schedule or due to changes advised by the Contractor / Employer at no extra cost to the Contractor (if itis within Services Provider's scope) and the Services Provider will be provided adequate time interval to follow the new modifications. 3.5 Services Provider shall execute the Agreement Works within the Milestone Dates set out for each portion of the Works and shall follow the sequence and details of the Contractor's construction schedule for this Project or any amendments thereto. 3.6 If the second party delays the execution of the works within the period referred Above then shall be subjected to a delay fine at a ate of 2% of the value of the delayed works, provided that the value of the fine does Scanned with CamScannerDASCO Sse. retopment nc Savon Cond wre not exceed 10% of the total value of this contract unless the delay caused by first party then the penalty is not applicable. ARTICLE (4) - MEASUREMENT FOR PAYMENT 4.1 This is a Re-measurable Fixed Unit Rate Agreement based on the Unit Prices set out in Article (2) are which are firm and fixed for the entire duration of the Project irrespective of any price increase and or increase or decrease in the quantities of the material delivery andor labor cost. Payment of the Unit Prices constitute full payment for performance of the corresponding Work and shall cover all costs of whatever nature incurred in accomplishing the Work in accordance with the provisions of this Agreement. 4.2 The first party has the absolute right to increase or reduce the quantities of work, cancel any part of it, or cancel it completely Whenever he deems it appropriate, as the decision to increase or decrease the quantities of work of the second party is related to the service provider performance, its productivity, commitment to the timetable, the quality of the executed works and their conformity with the project specifications, and the second party has no right to object any increase or decrease in the quantities. 4,3 All Quantities listed in Article (2) are approximations and contractor are not bound by Them. 4.4 All Unit Prices are fixed for the duration of the Agreement and are not subject to escalation for any cause. Payment of the total Agreement Price shall constitute full payment for performance of the Work and covers costs of all nature incurred by Services Provider in accomplishing the Work in accordance with the provisions of this, ‘Agreement. 455 Services Provider shall bear all costs required for repair, rework or replacement of any ‘work damaged or lost or not complying with the approved drawings, including but not limited to, the cost for the Contractor's free issued materials, 4.6 Services Provider shall inspect the materials provided by the contractor to make sure its not defective prior installation and when it’s his custody. 4.7 Contractor shall pay only for the Works successfully completed by Services Provider in accordance with the Agreement, accepted and approved by Contractor, Engineer and the Employer. Contractor under no circumstances and in no way whatsoever shall agree to accept any liability or make any payment in the event of any rejection by the Employer/Engineer of any of the Works or any claim by Services Provider unless and Until approval is received from the Employer. Failure to obtain the Engineer's / Employer's approval due to reasons not attributable to Services Provider shall not affect the Services Provider's entitlement for payment. ‘4.8 Contractor shall have no obligation of whatsoever nature to Services Provider to pay ny incremental cost with regard to Services Provider's arrangements to supplement its, manpower, equipment or supervision for the increase of its production in order to meet the Milestone Dates or Periods. 4.9 Article (2), referring to the method of measurement Peper e een Scanned with CamScannerARTICLE (5) - AGREEMENT VALUE ‘The total measurable value of the subcontract is calculated with unit priced mentioned in ARTICLE (2)— AGREED UNIT PRICE, TENTATIVE QUANTITIES RESPOSBILITY MATRIX & PAINTING METHOD ‘STATEMENT PAINTING APPROVED SYSTEM as below ‘And service provider will get the total measurable value of the subcontract as much as they did. = Unit price x Quantities approved by Engineer = Amount to be claimed. ARTICLE (6) ~ NT-TERMS AND CONDITION: 6.1 Payment to the Services Provider will be based on actual executed approved quantities by the engineer ("neat line”) at the agreed unit rates at Article (2) and it can be partially as per the agreed breakdown. 6.2. The Services Provider shall submit its invoices for the executed work along with all the necessary supporting documentation at the end of each half-month for the Contractor's approval and the payment payable within 15 days from the approval date of the invoices. The Contractor is obliged to pay only the quantities agreed as per measurement criteria. 6.3 90% of the invoices shall be paid after the approval of executed work by the first party And 10% of each invoice shall be held in case the consultant does not approve the work completed in the invoice(s). The amount will be released as soon as the rectification of the said works is complete. ARTICLE (7) - GENERAL CONDITIONS AND REQUIREMENTS 7.1 PCR tests should be made and each individual should submit his negative PCR before entering, the site. 7.2 Service provider Shall take all reasonable precaution to avoid any damage to electrical, mechanical or structure that’s already exist. 7.3 Service provider Shall have insurance coverage for manpower and equipment. 7.4 Service provider Shall Comply with the Kingdom's laws and regulation and with all directives issued by the ACGC regarding safety and security, working hours, and all matters relating to this agreement. 7.5 Service provider Shall Comply with all occupational health and safety, and environmental laws, and regulations of the Kingdom of Saudi Arabia, inclusive of the standards of GOSI and occupational health and safety management regulations ref: 95296 dated 28th January 2018. 7.6 Service provider Shall Comply with quality control and conformance of the executed Work with the specifications. 7.7 Service provider Shall ensure that sufficient numbers of suitably skilled employees are undertaking the work at all times. Scanned with CamScannerDASCO oO ies 7.8 Failure to abide by the requirements of the work related to this agreement would be considered adequate ground to ACGC to cancel this agreement if the contractor failed to remedy within 1 ‘week from a written notice by ACGC. 7.9. The Services Provider shall not subcontract any portion of this Agreement’s Scope of Work without prior approval of the Contractor. If the Services Provider engages any workers outside their sponsorship, these workers should be ina full compliance with all the legal formalities of the labor law and all Applicable Laws and completely under them own responsibility. ARTICLE (8)— WARRANTIES The second party fully guarantees to repair any defect related to any works under this agreement for a period of (365 days) three hundred and sixty-five days starting from the date of the initial handing to ACGC. ARTICLE (9) - EMPLOYER'S APPROVAL OF THE SERVICES PROVIDER. This entire agreement is conditional to the initial and continuous approval of the Employer, and the Contractor. The Contractor does not accept any responsibilty or liability if this approval is withdrawn or amended by the Employer, this agreement shall be terminated immediately with no lia the part of the Contractor. ARTICLE (10) - GOVERNING LA\ This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. ARTICLE (11) - WASTAGE: The acceptable wastages for the following items are as below: Trem Description ‘Acceptable Wastage Percentages ‘Gypsum 10% False ceiling 10% Ceramic/Porcelain/Terrazzo/Marble/Granite 10% Paint 10% ‘Wastages beyond the above provided limits shall be back charged to the Services Provider. The cost of wastage will be calculated using the market rates of the wasted raw materials. For other consumables, the wastages shall be assessed by the Contractor and if any wastages that transpire beyond normal, then those shall be back charged to the Services Provider. ARTICLE (12) - ACCEPTANCE AND SIGNATURE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and. year first before written in by their duly authorized representatives here below. ne Scanned with CamScannerpasco !}™ For and Behalf of DASCO "Wadi Stwat Al sharg for Contracting Est General Manager Me.Mohamed Ibraheem General Manager Momen than Js Se pe pally! dame Sejoong Ltt Date: Date: Scanned with CamScanner— DASCO Devtapment rece Ssanon Cod Attachment NoW5-A-1 Tis tachment to the Service Agreement ref DASCO SU 0.2 fetween, MJ. Development Advance Solution Co. Lt, (DASCO) and M/S. Establishment Ferik ALBANNA For Projects Ae Unit Price: Sn_| tem Unit [art Unit Price 1 | tnteriock Tiles 2 | Open Contract TOSAR 2 _ | Paver Tiles 400x400x40mm | M2 | Open Contract TOSAR 3 _| Paver Tiles 600x600x60mm — | M2 | Open Contract TOSAR 4 _| Curbstone 150:300;350mm | tm | Open Contract TOSAR ‘Term and condition: 4. Scope of Work: ~ 1.1- Installation of Paver tiles and Curbstone (B01 Vila Area) 1.2- Refer attached Scope Matrix for lear scope determination. 2. Material Specification and standards: 2.1-All Material shall be provided by ACGC (Tiles, Curb stone, Sand, Grout, Cement, Backfill material- 3.Delivery Term: 3.1-CPT- Majmaah Project Site, Majmaah KFAA airbase. 3.2- Resident Permit “iqama" / Vehicle License “estimara®/ Driving License "roksa" should be valid (Not Expred- atthe time of delivery tothe site 3.3+In case the Iqama is renewed in the system but the validity fs not mentioned on the lgama itself, system generated “mugeem” copy must be submitted 3.4-The truck and the Driver must be of same sponsor. Otherwise, system generated Authorization Letter *Thafweed" to drive the truck from the owner of the truck must be submitted. 3.5- Nationality / Religion restriction ist must be obeyed 3.6- Driver must have Tawakkalna App activated. 4. Installation Period 4.1-As per site requirement and schedule 5. Price Basis: 5.1- Installation of Paver and Kerbstone at Site, Majmaah airbase. 5.2- Progress payment on re-measurable basis 6. Payment Term: 6.1- 100% Payment against progress invoice against receipt of E-VAT invoice and quantity certification from ACGC site team. Payment shall be done within 30 days from receipt of invoice & other required documents 6.2- Original invoice along with applicable attachments shall be sent to Dasco Address. 6.3- Scanned copy of invoice shall be sent to zubair@dasco-ksa.com 7. Quality Assurance: 7.1- Standard workmanship should be assured. 8, Bank Guarantee: B.1- Not Applicable. Pee em neetehtt} Scanned with CamScannera) 6 DASCO gSawle ste Deropnant hove eon Co te ee 9. Lquidated Damage: 9.1- Not Applicable. 10. Inspection 10 1- All works shall be inspected at site by our QAO department. H any defects/discrepancies found the same shall be rectified by the supplier on FOC 11, Documents: 11.1: Not Applicable. 12, Warranty: 12-NA 13, Other Terms & Conditions: 13.1: Refer Attachment «1. 13.2: Scope Matrix 14, Contact Details: 14.1- Site Coordination: Mr. Rivizi@dasco-ksa.com 35. Attachments: 15.1. Attachment 1 - General Terms & Conditions (2 Sheets) 15,2: Scope Matrix Revisions: NOTES: The Supplier's employees willbe required to show proof of vaccination against COVIO-19 to gain access to the airbase. ‘Accordingly, it is hereby recorded that DASCO accepts no liability for any delay, los or expense suffered or incurred by the Supplier as part of the RSAF's directives under the Security Regulations ofthe Airbase For and Behalf of DASCO Wadi Siwat Al sharq for Contracting Est General Manager Mr.Mohamed Ibraheem General Manager Momen Khan oS cs ply Sane Sejoong LEE Date: Date: Teeny reese Scanned with CamScanner