Terms of References for the service of provision, deliver, distribute of Water using Water Tankers for the Center and South Zone of IRAQ

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1 Terms of References for the service of provision, deliver, distribute of Water using Water Tankers for the Center and South Zone of IRAQ 1. As a response to emergencies, the contractor will truck water to the affected population (Cholera outbreak, IDPs Crisis or any other requirements) in the below listed Governorates:- - Baghdad - Anbar (Ammriate AL-Fallujah, AL-Habbaniyah, AL-Khalidiayh, Al- Nekheeb and any other accesible áreas) - Salah Aldeen (Tikrit, Samarah, AL-Door, AL-Dhoulaiayh and any other accessible areas). - Diyala - Wasit - Babil - Kerbala - Najaf - Al-Muthana - Al-Diwania - Missan - ThiQar - Basra 2. The contractor shall provide trucks to truck drinking water and were not previously used in transportation of unsafe water, waste water, oil or oil products or any other products other than drinking water. Also the contractor will provide/deliver/distribute Water to be used for washing and domestic use in separate trucks. 3. Drinking water, also known as potable water or improved drinking water, is water safe enough for drinking and food preparation, which should be obtained from authorized purified filtrated water sources, water will be tested on daily basis to ensure that the water quality is in accordance with the approved Iraqi standards adopted by Ministry of Health and WHO. 4. Washing water is for other domestic use, washing, cleaning, air coolers...etc., however, this water should also obtained from authorized water sources approved by the concerned authorities and UNICEF supervisors. 5. The drinking water shall be trucked from any filling point/s assigned by the relevant water directorate to any location assigned by UNICEF. UNICEF will coordinate with water directorate for the assignment of the filling point/s.

(Ammriate AL-Fallujah, AL-Habbaniyah, AL-Khalidiayh, Al- Nekheeb and any other accesible áreas) - Salah Aldeen (Tikrit, Samarah, AL-Door, AL-Dhoulaiayh and any other accessible areas).

2 6. At UNICEF's request, made in the form of either (1) a written request/job Order by or letter or (2) a verbal request made through telephone or other means of communication followed by a written request/job Order, the Contractor will provide within 24 hours the required quantity of water, at any time and on any calendar day, for the required period of time which UNICEF may stipulate. 7. The contractor shall deliver water to any storage container(s) requested by UNICEF and/or the relevant water directorate. This could be delivery to a communal water tank, delivery to households water tanks or delivery to water jerry cans at communal locations. (Distribution should be done under supervision of Camp Manager and/or UNICEF partner(s) and/or UNICEF Facilitator). 8. UNICEF shall try to order water trucking for starting time between 0700 hours and 1600 hours on the relevant calendar day where possible, upon endorsed plan by UNICEF supervisor and to be ready to act 7 days a week 24 hours daily. 9. The contractor will be required to provide UNICEF with names of drivers and truck plate details to allow UNICEF to properly monitor the work. 10. Providing driver(s), labors, fuel, lubricating oil and any other mechanical maintenance of vehicle(s) will be contractor's responsibility. The vehicle(s) provided by contractor, should be in good condition. In case of failure of a vehicle defect or driver to perform the transport duty, the contractor should make available replacement of vehicle / driver immediately; otherwise, penalty equal to the cost of the services shall be levied by UNICEF for each failed vehicle or driver. Costs incurred by delay or damage caused by vehicle defect shall be charged against contractor. 11. Contractor shall be responsible for the comprehensive insurance coverage of the vehicle(s) and third party against any accidents, injuries, death or property damages or losses resulting from transportation duty ordered by UNICEF. 12. The offered rates are all inclusive of any allowance for contractor's staff and/or sub-contractors, vehicle running expenses, maintenance and any taxes or local charges. It is the responsibility of the contractor to make himself/herself familiar with these charges before he/she offers his/her rates. The contractor is responsible for all financial matters related to drivers or vehicle owners. UNICEF shall make no payment to vehicle owners for any reason. 13. UNICEF shall not be responsible for the effect of any exchange rate fluctuation. The contractor must assume full responsibility for any loss that may occur due to

7. The contractor shall deliver water to any storage container(s) requested by UNICEF and/or the relevant water directorate.

3 exchange rate fluctuations along the period of this Long Term Arrangement (LTA). 14. Any kind of insurance (property and personal) is the contractor's obligation. UNICEF shall not be held responsible for any loss suffered by the contractor howsoever caused. 15. UNICEF shall not pay for any water trucks working on any other basis than those set and agreed/requested/approved by UNICEF. 16. UNICEF will not accept any invoice showing expenses not covered by these terms. 17. The contract will be a Rate Contract. The payment will be based only on the actual amount of water/trucks delivered and the destinations over which it must be transported. 18. UNICEF shall make the payment/s directly into the contractor's bank account as provided by the contractor, on a monthly basis after submission of payment request and approval by UNICEF. 19. All invoices submitted to UNICEF by the contractor must be accompanied by full supporting documentation, which include receipts (signed, stamped and dated by receiving partner), original work order and expenditure vouchers certified by UNICEF staff or monitoring party, mentioning the actual quantity received these documents should be original copies. 20. The duration of the contract (LTA) shall be for ONE year renewable upon satisfactory performance and future need. 21. If at any time during the term of the contract, UNICEF ceases operations in targeted governorates, UNICEF may terminate the contract without prior notice and no compensation shall be paid to the contractor. All unpaid invoices not in dispute at the time of termination and for which services have been rendered shall be settled by UNICEF. 22. If the performance of services rendered by the contractor is considered unacceptable, UNICEF may terminate the contract with three days prior notice and no compensation shall be paid to the contractor. All unpaid invoices not in

UNICEF shall not pay for any water trucks working on any other basis than those set and agreed/requested/approved by UNICEF. 16.

4 dispute at the time of termination and for which services have been rendered shall be settled by UNICEF. 23. UNICEF shall not be liable for any claims or any liabilities arising from the implementation of its projects or due to the negligence of the contractor. 24. The contractor shall not advertise or otherwise make public statements in the name of UNICEF or make use of its official seal/logo. 25. If on account of disease, hostilities, war, blockade, revolution, strikes and other civil commotion beyond the control of UNICEF and the contractor, the fulfilment of the contract is rendered impossible, it shall be deemed to be null and void without prejudice to the right or obligations of either party. The party affected shall give earliest notice to the other party of the occurrence of such an event. 26. In particular, both the contractor and UNICEF reserve the right to cease operation wherever and whenever it is judged that continuation of such operations would put beneficiaries, personnel and property at an unacceptable risk. The decisions by either party to cease operation in any event depend on mutual consultations. 27. Nothing in the contract shall imply a waiver by UNICEF of any privileges or immunities enjoyed by UNICEF on their acceptance of the jurisdiction of the courts of any country over disputes arising out of this agreement. 28. The contractor is responsible to familiarize himself/herself with the existing state laws regarding minimum age, working hours and conditions as they apply to children. Failure to comply with these laws shall be considered as a breach of contract. UNICEF reserves the right to terminate any contract where the Contractor is found to be in breach of these regulations. 29. The contractor shall assign (at least) one staff as a focal point to ensure proper coordination and reporting on the status of water trucking on daily basis considering typical tracking sheet developed by UNICEF. 30. Notes: 1. Prices offered shall include cost of labour for loading and offloading and any other cost that necessary to ensure satisfactory delivery of the service. 2. Trucks shall be in very good condition to avoid delays and breaks in service delivery.

5 3. Payments will be done upon actual service delivered by raising purchase orders by UNICEF after submitting invoices with the supporting documents by the contractor that should be certified/approved by UNICEF officer 31. UNICEF focal Point, Ali Auob Water & Environment Sanitation Specialist Mobile: Chlorinated drinking water in potable water tankers Baghdad Anbar Salah AlDeen Diyala Wasit Babil Kerbala Najaf Muthana Diwania Missan ThiQar Basra Pricing Table Price per Cubic Meter of Drinking Water Within City Outside Cities Centers Price per Cubic Meter of wash Water Within City Outside Cities Centers

org Mobile: +964-7801987760 Chlorinated drinking water in potable water tankers Baghdad Anbar Salah AlDeen Diyala Wasit Babil Kerbala Najaf Muthana Diwania

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS Contents A. SCOPE...3 B. CONFIDENTIALITY, NAME, INTELLECTUAL PROPERTY AND TAX EXEMPT STATUS OF THE WTO...3 B.1. Confidentiality...3 B.2. Use of the name, logo or official seal