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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 />

4.19 Electricity, Water and Gas<br />

Electricity, Water and Gas<br />

(a)<br />

(b)<br />

(c)<br />

The Contractor shall be responsible for the provision <strong>of</strong> all power, water and<br />

other services it may require for the execution <strong>of</strong> the Works.<br />

The Contractor may, with the prior written approval <strong>of</strong> the Employer's<br />

Representative, use for the purposes <strong>of</strong> the execution <strong>of</strong> the Works such<br />

supplies <strong>of</strong> electricity, water, gas and other services as may be available on<br />

the Site (if any) and <strong>of</strong> which details and prices are given in the Specification.<br />

The Contractor shall, at its risk and cost, provide any apparatus and<br />

connections necessary for its use <strong>of</strong> these services and for measuring the<br />

quantities consumed.<br />

The quantities consumed and the amounts due (at these prices) for such<br />

services shall be agreed or determined by the Employer's Representative in<br />

accordance with Sub-Clause 3.5 [Determinations]. The Contractor shall pay<br />

these amounts to the Employer upon request.<br />

4.20 Employer's Equipment and Free-Issue Material<br />

Employer's Equipment and Free-Issue Material<br />

(a)<br />

The Employer shall make the Employer's Equipment (if any) available for the<br />

use <strong>of</strong> the Contractor solely for the execution <strong>of</strong> the Works in accordance with<br />

the details, arrangements and prices stated in the Specification. Unless<br />

otherwise stated in the Contract:<br />

(i)<br />

(ii)<br />

the Employer shall be responsible for the Employer's Equipment;<br />

except that<br />

the Contractor shall be responsible for each item <strong>of</strong> Employer's<br />

Equipment whilst any <strong>of</strong> the Contractor's Personnel is operating it,<br />

driving it, directing it or in possession or control <strong>of</strong> it.<br />

(b)<br />

(c)<br />

(d)<br />

The appropriate quantities and the amounts due (at such stated prices) for<br />

the use <strong>of</strong> Employer's Equipment shall be agreed or determined by the<br />

Employer's Representative in accordance with Sub-Clause 3.5<br />

[Determinations]. The Contractor shall pay these amounts to the Employer<br />

upon request.<br />

The Employer shall supply to the Contractor, free <strong>of</strong> charge, the "free-issue<br />

materials" (if any) in accordance with the details and arrangements stated in<br />

the Specification. The Contractor, acting in accordance with Industry Best<br />

Practices, shall then visually inspect such "free-issue materials", and shall<br />

promptly give notice to the Employer's Representative <strong>of</strong> any shortage, defect<br />

or default in these materials. Unless otherwise agreed by both Parties, the<br />

Employer shall immediately rectify the notified shortage, defect or default.<br />

After this visual inspection and any rectification pursuant to Sub-Clause<br />

4.20(c), the free-issue materials shall come under the care, custody and<br />

control <strong>of</strong> the Contractor. The Contractor's obligations <strong>of</strong> inspection, care,<br />

© UNOPS 2011 44

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