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Download Tender Document - High Commission of India, Colombo

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MEASURED PRICE CONSTRUCTION CONTRACT<br />

General Conditions<br />

Operational excellence for results that matter<br />

(ii)<br />

(iii)<br />

(iv)<br />

ensure such design is prepared by appropriately and pr<strong>of</strong>essionally<br />

qualified and experienced designers in accordance with Industry Best<br />

Practices, the Law and the requirements <strong>of</strong> all relevant Authorities<br />

and who shall also comply with the additional criteria (if any) stated in<br />

the Specification;<br />

if requested by the Employer's Representative, within 7 days, submit<br />

to the Employer's Representative for its consent, the names and<br />

particulars <strong>of</strong> each member <strong>of</strong> the Contractor's design team, including<br />

the details <strong>of</strong> each team members pr<strong>of</strong>essional qualifications and<br />

experience; and<br />

warrant that its design <strong>of</strong> any Section or part <strong>of</strong> the Works:<br />

(A)<br />

(B)<br />

(C)<br />

(D)<br />

are fit for such purposes for which the Section or part <strong>of</strong> the<br />

Works is intended as are specified in the Contract;<br />

is in accordance with Industry Best Practices;<br />

is in accordance with all Laws and requirements <strong>of</strong> all relevant<br />

Authorities; and<br />

fulfils the other requirements <strong>of</strong> the Contract.<br />

4.2 Bank Guarantee for Performance<br />

Bank Guarantee for Performance<br />

(a)<br />

(b)<br />

(c)<br />

Unless otherwise stated in the Schedule <strong>of</strong> Details, the Contractor shall<br />

obtain (at its cost) an unconditional and irrevocable Bank Guarantee for<br />

performance. The Bank Guarantee for performance shall be for the amount<br />

and currency specified in the Schedule <strong>of</strong> Details. Unless otherwise specified<br />

in the Contract, the Contractor shall deliver the Bank Guarantee for<br />

performance to the Employer within 14 days after the Date <strong>of</strong> the Contract,<br />

and shall send a copy to the Employer's Representative. The Bank<br />

Guarantee for performance shall be issued by a leading and accredited bank<br />

approved by the Employer and shall be based on the terms and in the form<br />

set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security.<br />

Despite any other provision <strong>of</strong> the Contract, compliance with Sub-Clause<br />

4.2(a) is a condition precedent to the entitlement <strong>of</strong> the Contractor to receive<br />

any payment from the Employer under the Contract and no payment shall be<br />

due or payable until Sub-Clause 4.2(a) is satisfied.<br />

If at any time the measured quantity <strong>of</strong> one item or multiple items increases<br />

from the quantity <strong>of</strong> this item or items recorded in the Bill <strong>of</strong> Quantities and<br />

this change in quantities multiplied by such specified rate for this item would<br />

result in the increase in the Accepted Contract Amount by more than 5%, or if<br />

the Accepted Contract Amount increases by more than 5% whether because<br />

<strong>of</strong> one increase or multiple increases as a result <strong>of</strong> approved Variations, the<br />

Contractor shall provide an additional unconditional and irrevocable Bank<br />

Guarantee for performance from a leading and accredited bank approved by<br />

© UNOPS 2011 31

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