SCHEDULE “C” CONTRACT NO.
CONTRACT
PRICE AND PAYMENT PROVISIONS
1. CONTRACT
PRICE
As full and complete compensation for CONTRACTOR’s
performance of the WORK and all of the CONTRACTOR’s obligations hereunder in
accordance with the terms and conditions of this CONTRACT, COMPANY shall pay CONTRACTOR
a CONTRACT Price consisting of:
1.1 Labor
Rates as specified in Pricing Attachment I.
The rates set forth in Pricing Attachments I are not subject to escalation for any reason. No adjustments in compensation shall be made as a result of changes in the value of any currency.
2. LABOR RATES
2.1 Monthly Labor
Rates constitute all-inclusive payment to CONTRACTOR per month worked based on
eight (8) hours per day and five (5) days per week. The Monthly Labor Rates
shall only apply to actual man-months worked including COMPANY authorized
travel time between the base WORK location as specified in the SERVICE ORDER
and other WORK locations as may be required in the performance of the WORK. However,
partial man-month worked shall be calculated in accordance with Paragraph 8.1
of this Schedule “C”.
2.2 COMPANY shall compensate CONTRACTOR for overtime
premium costs for any hours worked in excess of eight (8) hours per day and
five (5) days per workweek or for hours worked on holidays and rest days in accordance
with Paragraph 8.2 of this Schedule “C”. However, all overtime WORK shall be
subject to COMPANY REPRESENTATIVE’S prior written approval.
2.3 Monthly Labor Rates set forth in Pricing Attachment I of
this Schedule “C” also includes:
2.3.1 Provision by CONTRACTOR at no additional cost
to COMPANY for any necessary supporting staff (technical secretary, typist, translator,
driver, etc.) as CONTRACTOR may require whose functions are not directly
related to the performance of the WORK described in Schedule “B”.
2.4 Monthly Labor
Rates billings shall commence when the COMPANY REPRESENTATIVE certifies that CONTRACTOR’S
personnel has commenced the WORK on specific SERVICE ORDER.
2.5 The normal WORK week for CONTRACTOR’S
personnel shall be consistent with the Labor and Workmen Law of the
2.6 Monthly Labor
Rates include all costs such as camp, catering and transportation, SITE
overheads, maintenance costs, all direct labor costs, Ramadan premiums,
vacation pay, holiday pay, sixth/seventh-day pay, payroll insurance, taxes,
fees of every kind and nature, insurances including Saudi Arab
social insurance, sick pay, completion and retirement bonuses, travel time to and from the WORKSITE, subsistence,
living allowances, safety costs, small tools, consumables, and all burdens and
overheads as well as profit.
3. TIME
REPORTING
CONTRACTOR shall submit to COMPANY REPRESENTATIVE for his review duplicate copies of the following:
3.1 A
monthly detailed timesheets listing the categories and amounts of personnel for
which compensation is requested for the previous scheduled month.
3.2 CONTRACTOR shall commence submission of
such timesheets immediately upon commencement of the SERVICE ORDER and
continue to submit them until their completion.
3.3 COMPANY REPRESENTATIVE signature on the
detailed timesheets shall only certify the time periods involved, and shall
not constitute approval of any request for compensation.
4. INVOICING
AND PAYMENT
4.1 On or before the tenth (10th)
day of each Gregorian month during the performance of the WORK, CONTRACTOR
shall invoice COMPANY for WORK performed during the preceding month and not
included on previous invoices.
4.2 Each monthly progress invoice shall be
accompanied by copies of all SERVICE ORDERS and original timesheets of CONTRACTOR’s
personnel certified by the COMPANY REPRESENTATIVE for the time period actually
worked on specific SERVICE ORDER, and other supporting documents as may be
required by COMPANY to substantiate the invoiced amount. However, the final invoice shall be accompanied by the original SERVICE ORDER and original
supporting documents as required.
4.3 CONTRACTOR shall submit invoices and
supporting documentation in an original plus four (4) copies to:
The Controller, Controller’s
Department
Central
Operating Area
4.4 CONTRACTOR shall submit together with its
progress/monthly invoices a written statement that CONTRACTOR has fully paid
the salaries (including benefits/compensations, as applicable) of their
personnel engaged in the WORK for the billing month. Failure by CONTRACTOR to
submit the required statement may cause COMPANY to withhold any amount due CONTRACTOR until such statement is submitted
to the COMPANY and, if so directed by a competent Saudi Arab Government
Authority, pay from such withheld amounts any CONTRACTOR’s personnel any amount
that may be due from CONTRACTOR.
4.5 All invoices and supporting documents shall
be submitted on CONTRACTOR’S original letterhead, showing CONTRACTOR’S name,
address, CR number, phone, and facsimile (fax) numbers, and with CONTRACTOR’S
stamp affixed on it.
4.6 After certification of each invoice by
COMPANY REPRESENTATIVE, COMPANY shall promptly pay CONTRACTOR the sum due.
4.7 All payments to CONTRACTOR shall be made by
cheque at COMPANY’S Headquarters Office in
4.8 On the expiration date of this CONTRACT and
after fulfillment by CONTRACTOR of all of its duties and obligations under this
CONTRACT, CONTRACTOR shall submit to COMPANY its final invoice together with
the following documents:
4.8.1 Proof satisfactory to COMPANY that all costs
incurred by CONTRACTOR in the performance of the WORK have been satisfied and
paid, that there are no unsatisfied claims or injuries to persons or property
and that no other indebtedness exists in connection with the WORK for which CONTRACTOR
is responsible (or if such claims or indebtedness exists, the in lieu of the
foregoing, CONTRACTOR may provide COMPANY with appropriate information and
consonants sufficient to indemnify and hold COMPANY harmless from any liability
connected with said claims or indebtedness); and
4.8.2 Any and every document, receipt, statement of
account, affidavit, or assurance which COMPANY required as necessary or
appropriate to ensure immunity to COMPANY from any and all liens or claims for
which COMPANY might be or become liable; and
4.8.3 Proof satisfactory to COMPANY that all
COMPANY Identification Cards and/or Stickers furnished to CONTRACTOR under this
CONTRACT has been returned to COMPANY’S Industrial Security Department; and
4.8.4 Releases to COMPANY from CONTRACTOR by
execution of Final Receipt and Release Agreement (SEC Form # 15076) and from
each assignee under this CONTRACT, discharging COMPANY from all liabilities, obligations
and claims arising out of or under this CONTRACT, except for final payment.
4.9 After COMPANY’S receipt of the foregoing
documents and after all adjustments to CONTRACT Price and all unsettled matters
under this CONTRACT have been disposed and after verification of CONTRACTOR’S
final invoice, COMPANY shall pay CONTRACTOR all outstanding sums properly
payable.
4.10 Pursuant to Paragraph 22.2 of Schedule
"A" of this CONTRACT, COMPANY will deduct an amount equal to (15%)
from each and every Non-Resident CONTRACTOR's invoice.
5. COMPANY’S
AUDIT RIGHTS
CONTRACTOR and it's affiliated
companies shall maintain books, records, correspondence, instructions, plans,
drawing, receipts, vouchers, memoranda, and other evidence (the foregoing
constitute “records” for the purpose of this Paragraph), according to such
accounting procedures and practices and practices as are satisfactory to
COMPANY, sufficient to accurately and properly reflects costs incurred by CONTRACTOR
and invoiced to COMPANY under this CONTRACT and the disposition of any
materials, tools, or vehicle provided by COMPANY to CONTRACTOR. COMPANY, or any the firm of auditors appointed by COMPANY shall have access, at all reasonable
times, to all such records for the purpose, of auditing and verifying costs or
for any other reasonable purpose, and shall have the right to reproduce any
such records. CONTRACTOR shall preserve and make available, and shall such
records for a period of two (2) years after termination of this CONTRACT;
provided, however, that if any such records are or may be required to resolve
any claim pursuant to this CONTRACT, the period of retention, and the rights of
access and examination described in this Paragraph shall continue until final
disposition of such claim.
6. SET-OFF
COMPANY may
deduct from amounts which are payable to CONTRACTOR under this CONTRACT any
amounts which are payable to COMPANY by CONTRACTOR under this or any other CONTRACT
between them.
7. YEAR-END
ACCRUED COST
CONTRACTOR
shall, on or before the 10th day of the beginning of each Hijra year
during the progress of WORK, submit to COMPANY a detailed report for WORK
completed during the previous Hijra year but not yet invoiced. The report shall
include the description and quantity of WORK or percentage of WORK completed
and the corresponding value.
8. COMPENSATION
FOR PARTIAL MAN-MONTH AND OVERTIME
For compensation to CONTRACTOR for Partial Man-Month and Overtime,
the following formula shall apply:
8.1 Partial Man-month
Compensation to CONTRACTOR for WORK performed for periods of less than a full month by any job classification and vehicle type shall be calculated as follows:
|
Daily Rate = |
Monthly Rate x 12 Months |
|
365 Days |
|
Hourly Rate = |
Daily Rate |
|
8 Hours |
8.2 Overtime
Compensation to CONTRACTOR for the WORK performed in excess of the working hours specified in Paragraph 6.2 of Schedule “B” shall be calculated as follows:
|
Daily Overtime Rate = |
Monthly Rate x 12 Months x 70% |
|
365 Days |
|
Hourly Overtime Rate = |
Daily Rate x 70 % |
|
8 Hours |
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