Execution of the Project (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the Palestinian Authority with due diligence and efficiency, in conformity with appropriate administrative, economic, engineering, educational, financial and environmental practices and shall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Administrator shall otherwise agree, the Borrower, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(c) The Borrower shall make the proceeds of the Credit available to the Palestinian Authority under a Subsidiary agreement to be entered into between the Borrower and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator.
(d) The Borrower shall cause the Palestinian Authority: (i) to perform in accordance with the provisions of the Subsidiary Agreement all of the obligations of the Palestinian Authority therein set forth; (ii) to take all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to take or permit to be taken any action which would prevent or interfere with the carrying out of the Project.
(e) The Borrower shall exercise its rights under the Subsidiary Agreement in such manner as to protect the interests of the Borrower, the Palestinian Authority and the Administrator and to accomplish the purposes of the Credit, and, except as the Administrator shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Agreement or any provision thereof.
Section 3.02. Except as the Administrator shall otherwise agree, procurement of goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall cause the Palestinian Authority to:
(a) prepare, on the basis of guidelines acceptable to the Administrator, and furnish to the Administrator not later than six (6) months after the Closing Date, or such later date as may be agreed for this purpose between the Palestinian Authority and the Administrator, a plan to ensure the continued achievement of the Project’s objectives; and
(b) afford the Administrator a reasonable opportunity to exchange views with the Palestinian Authority on said plan.
Construction of the Project Highway (i) The Contractor shall construct the Project Highway as specified in Schedule- B and Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D. The Contractor shall be responsible for the correct positioning of all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of the Works. The [650th (six hundred and fiftieth) day] from the Appointed Date shall be the scheduled completion date (the “Scheduled Completion Date”) and the Contractor agrees and undertakes that the construction shall be completed on or before the Scheduled Completion Date, including any extension thereof.
(ii) The Contractor shall construct the Project Highway in accordance with the Project Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to achieve any Project Milestone or the Scheduled Completion Date within a period of 30 (thirty) days from the date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, it shall pay Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero five percent) of the Contract Price for delay of each day reckoned from the date specified in Schedule –J and until such Project Milestone is achieved or the Project Highway is completed; provided that if the period for any or all Project Milestones or the Scheduled Completion Date is extended in accordance with the provisions of this Agreement, the dates set forth in Schedule-J shall be deemed to be modified accordingly and the provisions of this Agreement shall apply as if Schedule-J has been amended as above; provided further that in the event the Project Highway is completed within or before the Scheduled Completion Date including any Time Extension, applicable for that work or section, the Damages paid under this Clause 10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest thereon. The Parties agree that for determining achievement or delays in completion of the Project Milestones or the Project on the due date, the works affected due to delay in providing the site for which time extension has been granted beyond the Scheduled Completion Date will be excluded. For example on the due date to achieve the Project Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project length corresponding to the Project Milestone-I is not handed over or lately handed over resulting in the extension of completion of this 5% (five percent) length beyond Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved by 180th (one hundred and eighty) day. For the avoidance of doubt, it is agreed that recovery of Damages under this Clause 10.3 (ii) shall be without prejudice to the rights of the Authority under this Agreement including the right of Termination thereof. The Parties further agree that Time Extension hereunder shall only be reckoned for and in respect of the affected Works as specified in Clause 10.5 (ii).
(iii) The Authority shall notify the Contractor of its decision to impose Damages in pursuance with the provisions of this Clause 10.3. Provided that no deduction on account of Damages shall be effected by the Authority without notifying the Contractor of its decision to impose the Damages, and taking into consideration the representation, if any, made by the Contractor within 20 (twenty) days of such notice. The Parties expressly agree that the total amount of Damages under Clause 10.3 (ii) shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10% (ten percent) of the Contract Price, the Contractor shall be deemed to be in default of this agreement having no cure and the Authority shall be entitled to terminate this Agreement by issuing a Termination Notice in accordance with the provisions of Clause 23.1 (ii).
(iv) In the event that the Contractor fails to achieve the Project Completion within a period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J, unless such failure has occurred due to Force Majeure or for reasons solely attributable to the Authority, the contractor shall be deemed to be ineligible for bidding any future projects of the Authority, both as the sole party or as one of the parties of Joint Venture/ Consortium during the period from Scheduled Completion Date to issuance of Completion Certificate. This restriction is applicable if the contract value of the delayed project is not less than Rs. 300 Crore.
Description of the procurement The Architect Cutting Edge Framework is for the provision of architectural services for residential-led development projects and is split into 3 geographical lots. However, the CEF Consortium Members will reserve the right to use service providers successful on one geographical lot, within the same work stream, in another geographical lot, when no service provider within the geographical lot in question is available to undertake the relevant works and value for money can be established. The CEF Consortium Members are committed to the use of the Architects Cutting Edge Framework, and therefore bidders should anticipate that the overall value of the framework would be in line with the values identified within this contract notice. This Lot is for projects in North East England, Yorkshire (the area as more accurately described on the plan in the procurement documents) (the "Lot 2 Regions"). Riverside is looking to establish a framework of providers of architectural and principal designer services for significant development works in the Lot 2 Regions which may include but shall not be limited to:
1. sites for residential use;
2. mixed-use residential-led sites;
3. Mixed-use elements to include health facilities, education and community facilities, retail or commercial development;
4. Urban regeneration;
5. Refurbishment / retrofit of existing houses, residential buildings, empty homes and associated buildings for residential-led use;
6. Refurbishment, restoration, conversion of heritage or other buildings for residential-led use;
7. Demolition, site remediation, infrastructure and enabling works to prepare sites for residential or mixed-use development;
8. Design and construction of homes; and
9. Self-build or custom build enabling as part of a larger development. As minimum requirements, Riverside will expect, amongst other things, that the successful bidders will:
1. be capable of delivering the services in accordance with the Standard Agreement 2010 (2012 revision), the RIBA Standard Conditions of Appointment for an Architect 2010 (2012 revision) and Plan of Work 2013 as published by the Royal Institute of British Architects or an institution or association of equivalent standing in this field ("RIBA");
2. hold appropriate qualifications accredited by RIBA as required for the delivery of architectural services;
3. be a member of RIBA and/or an institution or association of equivalent standing in this field;
4. be capable of acting as Lead Consultant and directing the design process, co-ordinating design of all constructional elements, including work by any consultants, specialists or suppliers on projects of a similar size, value and scope as those that shall be carried out pursuant to the Architects Cutting Edge Framework;
5. be capable of delivering the relevant services on projects of a similar size, value and scope as those that shall be carried out pursuant to the Architects Cutting Edge Framework;
6. be capable of delivering excellent customer care and an appreciation of the importance of maintaining clear and regular communication with clients at every stage of the project; and
7. be capable of delivering the required services in accordance with the terms of the Architect Scope of Service which are set out at in the procurement documents. The full details of Riverside's minimum requirements will be set out in the ITT. The procurement will involve a two stage process following the Public Contract Regulations 2015 restricted procedure. The framework agreement will be established for a period of 4 years. The overall value of this lot is ?875,000 - ?1,300,000.
