BID Document for Guest House with Boundary Wall.pdf - Integrated ...
BID Document for Guest House with Boundary Wall.pdf - Integrated ... BID Document for Guest House with Boundary Wall.pdf - Integrated ...
51.1 The Employer shall make advance payment to the Contractor of the amounts stated in the Contract Data by the date stated in the Contract Data, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the advance payment. 51.2 The Contractor is to use the advance payment only to pay for Equipment, Plant and Mobilization expenses required specifically for execution of the Works. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer. 51.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance (mobilization and equipment only) payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, or Liquidated Damages. 51.4 Secured Advance: 52. Securities The Engineer-in-charge shall make advance payment in respect of materials intended for but not yet incorporated in the Works in accordance with conditions stipulated in the Contract Data. 52.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date 28 days from the date of expiry of Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of completion. 53. Deleted 54. Cost of Repairs 54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions. 55. Completion E. Finishing the Contract 55.1 The Contractor shall request the Engineer-in-charge to issue a Certificate of Completion of the Works and the Engineer will do so upon deciding that the Work is completed. 56. Taking Over 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer-in-charge issuing a certificate of Completion. 57. Final Account 57.1 The Contractor shall supply to the Engineer-in-charge a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not, 46
the Engineer-in-charge shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Engineer-in-charge shall decide on the amount payable to the Contractor and issue a payment certificate, within 56 days of receiving the Contractor’s revised account. 58. Operating and Maintenance Manuals 58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the Contract Data. 58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineer’s approval, the Engineer-in-charge shall withhold the amount stated in the Contract Data from payments due to the Contractor. 59. Termination 59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 59.2 Fundamental breaches of Contract include, but shall not be limited to the following: (a) (b) (c) (d) (e) (f) (g) (h) the Contractor stops work for 28 days when no stoppage of work is shown on the current program and the stoppage has not been authorized by the Engineer; the Engineer instructs the Contractor to delay the progress of the Works and the instruction is not withdrawn within 28 days; the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation; a payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of the date of the Engineer's certificate; the Engineer-in-charge gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer-in-charge; the Contractor does not maintain a security which is required; the Contractor has delayed the completion of works by the number of days for which the maximum amount of liquidated damages can be paid as defined in the Contract data; and if the Contractor, in the judgment of the Purchaser has engaged in fraud and corruption, as defined in GCC Clause 64, in competing for or in executing the Contract. 59.3 When either party to the Contract gives notice of a breach of contract to the Engineer-in-charge for a cause other than those listed under Sub Clause 59.2 above, the Engineer-in-charge shall decide whether the breach is fundamental or not. 59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience. 59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible. 47
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the Engineer-in-charge shall issue <strong>with</strong>in 56 days a schedule that states the scope of the corrections or<br />
additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the<br />
Engineer-in-charge shall decide on the amount payable to the Contractor and issue a payment certificate,<br />
<strong>with</strong>in 56 days of receiving the Contractor’s revised account.<br />
58. Operating and Maintenance Manuals<br />
58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall<br />
supply them by the dates stated in the Contract Data.<br />
58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data,<br />
or they do not receive the Engineer’s approval, the Engineer-in-charge shall <strong>with</strong>hold the amount stated<br />
in the Contract Data from payments due to the Contractor.<br />
59. Termination<br />
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental<br />
breach of the Contract.<br />
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
the Contractor stops work <strong>for</strong> 28 days when no stoppage of work is shown on the current program<br />
and the stoppage has not been authorized by the Engineer;<br />
the Engineer instructs the Contractor to delay the progress of the Works and the instruction is not<br />
<strong>with</strong>drawn <strong>with</strong>in 28 days;<br />
the Employer or the Contractor is made bankrupt or goes into liquidation other than <strong>for</strong> a<br />
reconstruction or amalgamation;<br />
a payment certified by the Engineer is not paid by the Employer to the Contractor <strong>with</strong>in 56 days<br />
of the date of the Engineer's certificate;<br />
the Engineer-in-charge gives Notice that failure to correct a particular Defect is a fundamental<br />
breach of Contract and the Contractor fails to correct it <strong>with</strong>in a reasonable period of time<br />
determined by the Engineer-in-charge;<br />
the Contractor does not maintain a security which is required;<br />
the Contractor has delayed the completion of works by the number of days <strong>for</strong> which the<br />
maximum amount of liquidated damages can be paid as defined in the Contract data; and<br />
if the Contractor, in the judgment of the Purchaser has engaged in fraud and corruption, as<br />
defined in GCC Clause 64, in competing <strong>for</strong> or in executing the Contract.<br />
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer-in-charge <strong>for</strong> a<br />
cause other than those listed under Sub Clause 59.2 above, the Engineer-in-charge shall decide whether<br />
the breach is fundamental or not.<br />
59.4 Not<strong>with</strong>standing the above, the Employer may terminate the Contract <strong>for</strong> convenience.<br />
59.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure<br />
and leave the Site as soon as reasonably possible.<br />
47