Improvement to 2 lane with paved shoulder of NH. 40 section from Km 93+490 to Km 123+800 (design Km 10+670 to Km 37+550) design length 26.55 km in the State of Meghalaya on EPC Mode under JICA Loan Assistance Pkg. II - Improvement to 2 lane with paved shoulder of NH-40 section from Km 93+490 to Km 123+800 (design Km 10+670 to Km 37+550) design length 26.55 km in the State of Meghalaya on EPC Mode under JICA Loan Assistance
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
13.4 Restrictions on Change of Scope
13.4.1 No Change of Scope shall be executed unless the Authority has issued the Change of Scope Order save and except any Works necessary for meeting any Emergency.
13.4.2 Unless the Parties mutually agree to the contrary, the total value of all Change of Scope Orders shall not exceed 10 (ten) per cent of the Contract Price.
13.4.3 Notwithstanding anything to the contrary in this Article 13, no change made necessary because of any default of the Contractor in the performance of its obligations under this Agreement shall be deemed to be Change of Scope, and shall not result in any adjustment of the Contract Price or the Project Completion Schedule.
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 93+490 to Km 123+800 (design Km 10+670 to Km 37+550) design length 26.55 km in the State of Meghalaya on EPC Mode under JICA Loan Assistance
3.4.3 The Contractor shall on receiving such a direction from the Authority’s Engineer order for the removal of such person or persons with immediate effect. It shall be the duty of the Contractor to ensure that such persons are evicted from the Site within 10 (ten) days of any such direction being issued in pursuance of Clause 3.4.
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 93+490 to Km 123+800 (design Km 10+670 to Km 37+550) design length 26.55 km in the State of Meghalaya on EPC Mode under JICA Loan Assistance
7.1.3 In the event the Contractor fails to provide the Performance Security within 10 (ten) days of this Agreement, it may seek extension of time for a period not exceeding 30 (Thirty) days on payment of Damages for such extended period in a sum calculated at the rate of 0.01% (zero point zero one per cent) of the Contract Price for each day until the Performance Security is provided. For the avoidance of doubt the agreement shall be deemed to be terminated on expiry of additional 30 days time period and Bid security shall be en-cashed by the Authority.
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
(h) any reference to any period of time shall mean a reference to that according to Indian standard time;
(i) any reference to day shall mean a reference to a calendar day;
(j) references to a “business day” shall be construed as a reference to a day (other than a Sunday) on which banks in Delhi are generally open for business;
(k) any reference to month shall mean a reference to a calendar month as per the Gregorian calendar;
(l) references to any date, period or Project Milestone shall mean and include such date, period or Project Milestone as may be extended pursuant to this Agreement;
(m) any reference to any period commencing “from” a specified day or date and “till” or “until” a specified day or date shall include both such days or dates; provided that if the last day of any period computed under this Agreement is not a business day, then the period shall run until the end of the next business day;
(n) the words importing singular shall include plural and vice versa;
(o) references to any gender shall include the other and the neutral gender;
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
(t) any agreement, consent, approval, authorisation, notice, communication, information or report required under or pursuant to this Agreement from or by any Party or the Authority’s Engineer shall be valid and effective only if it is in writing under the hand of a duly authorised representative of such Party or the Authority’s Engineer, as the case may be, in this behalf and not otherwise;
(u) the Schedules and Recitals to this Agreement form an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement;
(v) references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement shall, except where the context otherwise requires, mean references to Recitals, Articles, Clauses, Sub-clauses and Schedules of or to this Agreement, and references to a Paragraph shall, subject to any contrary indication, be construed as a reference to a Paragraph of this Agreement or of the Schedule in which such reference appears;
(w) the damages payable by either Party to the other of them, as set forth in this Agreement, whether on per diem basis or otherwise, are mutually agreed genuine pre-estimated loss and damage likely to be suffered and incurred by the Party entitled to receive the same and are not by way of penalty (the “Damages”); and
(x) time shall be of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended for the reasons specified in the Agreement, such extended time shall also be of the essence.
(y) Japan International Cooperation Agency (JICA) is the financing institution which has provided funds toward a part of the cost of the Project. Government of India (GoI) has applied for a Japanese ODA loan from JICA for an amount of 38.065 million Japanese Yen (JPY) for phase-2 under the scheme “North East Road Network Connectivity Project Phase-2 and other phases” and has signed a Loan Agreement no. ID – P265 on 29.03.2018. Out of this an amount of JPY 23094 million (I.e. Rs.1327.24 Crore) has been allocated for the improvement of NH-106 (old NH-40) in the State of Meghalaya. A portion of the proceeds of the loan shall be applied to payments under the Contract. Payment by JICA will be made only at the request of the Recipient (Ministry of Road Transport an...
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
14.6 Reduction of payment for non-performance of Maintenance obligations
14.6.1 In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
14.6.2 If the nature and extent of any Defect justifies more time for its repair or rectification than the time specified in Schedule-E, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Authority’s Engineer and conveyed to the Contractor and the Authority with reasons thereof.
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
19.2.5 The Advance Payment shall be paid by the Authority to the Contractor within 15 (fifteen) days of the receipt of its respective requests in accordance with the provisions of this Clause 19.2.
19.2.6 Deleted.
19.2.7 The advance payment shall be repaid through percentage deductions from the stage payments determined by the Authority’s Engineer in accordance with Sub-Clause 19.5, as follows:
(a) deductions shall commence in the next Stage Payment Statement following that in which the total of all certified stage payments (excluding the advance payment and deductions and repayments of retention) exceeds 25% (twenty five percent) of the Contract Price; and
(b) deductions shall be made at the rate of 25% (twenty five percent)* of each Stage Payment Statement until such time as the advance payment has been repaid; provided that the advance payment shall be completely repaid prior to the time when 90% (ninety percent) of the Contract Price has been certified for payment. *25% (twenty five percent) shall comprise 17% (seventeen percent) for recovery of advance for mobilisation and 8% (eight percent) for recovery of advance against newly purchased key construction equipment required for work.
19.2.8 If the Advance Payment has not been fully repaid prior to Termination under Clause 21.7 or Article 23, as the case may be, the whole of the balance then outstanding shall immediately become due and payable by the Contractor to the Authority. Without prejudice to the provisions of Clause 19.2.7, in the event of Termination for Contractor Default, the Advance Payment shall be deemed to carry interest at the rate of 10% (ten per cent) per annum from the date of Advance Payment to the date of recovery by encashment of the Bank Guarantee for the Advance Payment. For the avoidance of doubt, the aforesaid interest shall be payable on each instalment of the Advance Payment, regardless of whether the instalment or any part thereof has been repaid to the Authority prior to Termination.
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 131+820 to Km 151+330 (design Km 45+760 to Km 63+530) design length 17.77 Km in the State of Meghalaya on EPC Mode under JICA Loan Assistance”
4.1.6 The Authority agrees to provide support to the Contractor and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) upon written request from the Contractor, and subject to the Contractor complying with Applicable Laws, provide reasonable support to the Contractor in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project;
(b) upon written request from the Contractor, provide reasonable assistance to the Contractor in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers that would have a material adverse effect on the works are erected or placed on or about the Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, law and order or collection of inter-state taxes;
(d) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement;
(e) support, cooperate with and facilitate the Contractor in the implementation of the Project in accordance with the provisions of this Agreement; and
(f) upon written request from the Contractor and subject to the provisions of Clause 3.3, provide reasonable assistance to the Contractor and any expatriate personnel of the Contractor or its Sub-contractors to obtain applicable visas and work permits for the purposes of discharge by the Contractor or its Sub- contractors of their obligations under this Agreement and the agreements with the Sub-contractors.
4.2 Maintenance obligations prior to the Appointed Date
4.3 Environmental Clearances
Improvement to 2 lane with paved shoulder of NH. 40 section from Km 93+490 to Km 123+800 (design Km 10+670 to Km 37+550) design length 26.55 km in the State of Meghalaya on EPC Mode under JICA Loan Assistance
1.5 Joint and several liability
1.5.1 If the Contractor has formed a Consortium of two or more persons for implementing the Project:
(a) these persons shall, without prejudice to the provisions of this Agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and
(b) the Contractor shall ensure that no change in the composition of the Consortium is effected without the prior consent of the Authority.
1.5.2 Without prejudice to the joint and several liability of all the members of the Consortium, the Lead Member shall represent all the members of the Consortium and shall at all times be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of payments among members of the Consortium.}$ $ This Clause 1.5 may be omitted if the Contractor is not a Consortium. Even if the Contractor is a Consortium, the Authority may, at its discretion, delete this provision.
