CIVIL WORK - Government of Himachal Pradesh

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51.4 Secured Advance:The Engineer shall make advance payment in respect of materials intended for but not yetincorporated in the Works in accordance with conditions stipulated in the Contract Data.52. Securities52.1 The Performance Security shall be provided to the Employer no later than the date specified in theLetter of Acceptance and shall be issued in an amount and form and by a bank or suretyacceptable to the Employer, and denominated in Indian Rupees. The Performance Security shallbe valid until a date 28 days from the date of expiry of Defects Liability Period and the additionalsecurity for unbalanced bids shall be valid until a date 28days from the date of issue of thecertificate of completion.53. Deleted54. Cost of Repairs54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Dateand the end of the Defects Correction periods shall be remedied by the Contractor at theContractor's cost if the loss or damage arises from the Contractor's acts or omissions.55. CompletionE. Finishing the Contract55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the Works andthe Engineer will do so upon deciding that the Work is completed.56. Taking Over56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing acertificate of Completion.57. Final Account57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that theContractor 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 tothe Contractor within 56 days of receiving the Contractor's account if it is correct and complete. Ifit is not, the Engineer shall issue within 56 days a schedule that states the scope of the correctionsor additions that are necessary. If the Final Account is still unsatisfactory after it has beenresubmitted, the Engineer shall decide on the amount payable to the Contractor and issue apayment certificate, within 56 days of receiving the Contractor’s revised account.58. Operating and Maintenance Manuals58.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractorshall 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 ContractData, or they do not receive the Engineer’s approval, the Engineer shall withhold the amountstated in the Contract Data from payments due to the Contractor.Contractor EE 52
59. Termination59.1 The Employer or the Contractor may terminate the Contract if the other party causes afundamental 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 currentProgram and the stoppage has not been authorized by the Engineer;the Engineer instructs the Contractor to delay the progress of the Works and theinstruction is not withdrawn within 28 days;the Employer or the Contractor is made bankrupt or goes into liquidation other than for areconstruction or amalgamation;a payment certified by the Engineer is not paid by the Employer to the Contractor within56 days of the date of the Engineer's certificate;the Engineer gives Notice that failure to correct a particular Defect is a fundamentalbreach of Contract and the Contractor fails to correct it within a reasonable period of timedetermined by the Engineer;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 themaximum amount of liquidated damages can be paid as defined in the Contract data; andif the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulentpractices, as defined in GCC Clause 64 in competing for or in the executing the Contract.59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a causeother than those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breachis 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 andsecure and leave the Site as soon as reasonably possible.60. Payment upon Termination60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, theEngineer shall issue a certificate for the value of the work done less advance payments received upto the date of the issue of the certificate, less other recoveries due in terms of the contract, lesstaxes due to be deducted at source as per applicable law and less the percentage to apply to thework not completed as indicated in the Contract Data. Additional Liquidated Damages shall notapply. If the total amount due to the Employer exceeds any payment due to the Contractor thedifference shall be a debt payable to the Employer.60.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach ofContract by the Employer, the Engineer shall issue a certificate for the value of the work done, thereasonable cost of removal of Equipment, repatriation of the Contractor's personnel employedsolely on the Works, and the Contractor's costs of protecting and securing the Works and lessContractor EE 53
Page 1 and 2: GOVERNMENT OF HIMACHAL PRADESHSTATE
Page 3: GOVERNMENT OF HIMACHAL PRADESHSTATE
Page 7 and 8: 1. Scope of BidA. General1.1 The Ch
Page 9 and 10: (c)executed in any one year, the fo
Page 11 and 12: 4.7 Bidders who meet the minimum qu
Page 13 and 14: 10.2 Any addendum thus issued shall
Page 15 and 16: 16.2 Bank guarantees issued as sure
Page 17 and 18: E. Bid Opening and Evaluation23. Bi
Page 19 and 20: equirements of the Bidding document
Page 21 and 22: (ii) “fraudulent practice” 3 is
Page 23 and 24: Description of the Works:Contractor
Page 25 and 26: Qualification InformationThe inform
Page 27 and 28: 1.5 The following items of Contract
Page 29 and 30: B. For field-testing laboratory:Pos
Page 31 and 32: SAMPLE FORMAT FOR EVIDENCE OF ACCES
Page 33 and 34: 6. We confirm that the above goods
Page 35 and 36: Issue of Notice to proceed with the
Page 37 and 38: In witness whereof the parties ther
Page 39 and 40: Conditions of ContractTable of Cont
Page 41 and 42: The Intended Completion Date is the
Page 43 and 44: 9.3 The Contractor shall not employ
Page 45 and 46: 23. Instructions23.1 The Contractor
Page 47 and 48: C. Quality Control33. Identifying D
Page 49 and 50: 42.4 The value of work executed sha
Page 51: 47.2 To the extent that full compen
Page 55 and 56: (iv)(v)(aa)(bb)“coercive practice
Page 57 and 58: SALIENT FEATURES OF SOME MAJOR LABO
Page 59 and 60: c) the purchase of materials which
Page 61 and 62: 5. PROTECTION OF ENVIRONMENT:Add th
Page 63 and 64: Contract DataItems marked "N/A" do
Page 65 and 66: Insurance requirements are as under
Page 67 and 68: The amounts of the advance payment
Page 69 and 70: SECTION 5: SPECIFICATIONSContractor
Page 71 and 72: SECTION 6: DRAWINGSContractor EE 71
Page 73 and 74: SECTION 7: Bill of QuantitiesPreamb
Page 75 and 76: deleterious materials and disposal
Page 77 and 78: 2100 of MORT&H specification(latest
Page 79 and 80: olling with 3-wheeled steel/vibrato
Page 81 and 82: the black and white alternative ban
Page 83 and 84: contract duration (including extens
Page 85 and 86: Detail of Bio- Engineering Measures
Page 87 and 88: Periodicity of Routine Maintenance
Page 89 and 90: Forms of SecuritiesAcceptable forms
Page 91 and 92: PERFORMANCE BANK GUARANTEEAnnex BTo
Page 93: BANK GUARANTEE FOR ADVANCE PAYMENTA

CIVIL WORK - Government of Himachal Pradesh

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