Procedure for Change ofScope. (i) In the event of the Authority determining that a Change of Scope is necessary, it may direct the Authority’s Engineer to issue to the Contractor a notice specifying in reasonable detail the Works and services contemplated thereunder (the “Change of ScopeNotice”).TheContractorshallsubmitadetailedproposalasperClause13.2 (iii) within 15 days from the receipt of Change of Scope Notice. (ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a Change of Scope to the Works is required, it shall prepare a proposal with relevant details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to Contract AgreementPage 83 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023 consider such Change of Scope (the “Change of ScopeRequest”). (iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence, provide to the Authority and the Authority’s Engineer such information as is necessary, together with detailed proposal in supportof: (a) the impact, if any, which the Change of Scope is likely to have on the Project Completion Schedule if the works or services are required to be carried out during the Construction Period;and (b) the options for implementing the proposed Change of Scope and the effect, if any, each such option would have on the costs and time thereof, including the followingdetails: i. break-up of the quantities, unit rates and cost for different items of work;and ii. proposed design for the Change ofScope; iii. proposed modifications, if any, to the Project Completion Schedule of the Project Highway. For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of Clause 13.4 (ii), the Contract Price shall be increased or decreased, as the case may be, on account of any such Change of Scope. (iv) The parties agree that costs and time for implementation of the proposed Change of Scope shall be determined as per thefollowing: (a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works Department are applicable at the Base Date are available, the same shall be applicable for determination of costs. In case of non-availability of Schedule of Rates at the Base Date, the available Schedule of Rates shall be applied by updating the same based on WPI. In case the Contract Price is lower/ higher than the Estimated Project Cost as per RFP, then the SOR rates shall be reduced/ increased in the same proportionaccordingly. (b) For item of Works not included in Schedule of Rates as mentioned insub-para (a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of MORTH Standard Data Book and the Authority’s Engineer shall determine the prevailing market rates and discount the same considering WPI to achieve the prevailing rate at the Base Date, and for any item in respect of which MORTH Standard Data Book does not provide the requisite details, the Authority’s Engineer shall determine the rate in accordance with Good IndustryPractice. For the avoidance of doubt, in case the cost as determined by the Contractor and the Authority reveals a difference of more than 10% (ten per cent), the cost as determined by the Authority shall be considered as final and binding on theContractor. Contract AgreementPage 84 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023
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Samples: Draft Contract Agreement
Procedure for Change ofScope. (i) In the event of the Authority determining that a Change of Scope is necessary, it may direct the Authority’s Engineer to issue to the Contractor a notice specifying in reasonable detail the Works and services contemplated thereunder (the “Change of ScopeNotice”).TheContractorshallsubmitadetailedproposalasperClause13.2 (iii) within 15 days from the receipt of Change of Scope Notice. (ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a Change of Scope to the Works is required, it shall prepare a proposal with relevant details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to Contract AgreementPage 83 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023 consider such Change of Scope (the “Change of ScopeRequest”). Draft Contract AgreementPage 81 of 146 “Construction of two lane with paved shoulders road from Tamenglong to Mahur (NH-137) in the State of Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC mode.” May 2021 (iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence, provide to the Authority and the Authority’s Engineer such information as is necessary, together with detailed proposal in supportof: (a) the impact, if any, which the Change of Scope is likely to have on the Project Completion Schedule if the works or services are required to be carried out during the Construction Period;and (b) the options for implementing the proposed Change of Scope and the effect, if any, each such option would have on the costs and time thereof, including the followingdetails: i. break-up of the quantities, unit rates and cost for different items of work;and ii. proposed design for the Change ofScope; iii. proposed modifications, if any, to the Project Completion Schedule of the Project Highway. For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of Clause 13.4 (ii), the Contract Price shall be increased or decreased, as the case may be, on account of any such Change of Scope. (iv) The parties agree that costs and time for implementation of the proposed Change of Scope shall be determined as per thefollowing: (a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works Department are applicable at the Base Date are available, the same shall be applicable for determination of costs. In case of non-availability of Schedule of Rates at the Base Date, the available Schedule of Rates shall be applied by updating the same based on WPI. In case the Contract Price is lower/ higher than the Estimated Project Cost as per RFP, then the SOR rates shall be reduced/ increased in the same proportionaccordingly. (b) For item of Works not included in Schedule of Rates as mentioned insub-para (a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of MORTH Standard Data Book and the Authority’s Engineer shall determine the prevailing market rates and discount the same considering WPI to achieve the prevailing rate at the Base Date, and for any item in respect of which MORTH Standard Data Book does not provide the requisite details, the Authority’s Engineer shall determine the rate in accordance with Good IndustryPractice. For the avoidance of doubt, in case the cost as determined by the Contractor and the Authority reveals a difference of more than 10% (ten per cent), the cost as determined by the Authority shall be considered as final and binding on theContractor. (c) The design charges shall be considered only for new works or items (i.e. the Works or items not similar to the works or items in the original scope) @ 1% (one per cent) of cost of such new works oritems. Draft Contract AgreementPage 84 82 of 149 146 “Development and Up-gradation Construction of 4 laning of Jamugurihat two lane with paved shoulders road from Tamenglong to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 Mahur (NH-137) in the state State of Assam Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC mode.” May 2021 (d) The costs of existing works or items, which are being changed/ omitted shall also be valued as per above procedure and only net cost shall beconsidered. (e) The reasonable time for completion of works to be taken under Change of Scope shall be determined by the Authority’s Engineer on the basis of Good Industry Practice and if such time exceeds the Scheduled Completion Date, the issue of Completion Certificate shall not be affected or delayed on account of construction of Change of Scope items/ works remaining incomplete on the date ofTests. (v) Upon consideration of the detailed proposal submitted by the Contractor under the Clause 13.2 (iii), the Authority, within 15 (fifteen) days of receipt of such proposal, may in Engineeringits sole discretion either accept such Change of Scope with modifications, Procurement & Construction if any, and initiate proceedings thereof in accordance with this Article 13 or reject the proposal and inform the Contractor of its decision and shall issue an order (EPCthe “Change of Scope Order”) basisrequiring the Contractor to proceed with the performance thereof. ” Jan 2023For the avoidance of doubt, the Parties agree that the Contractor shall not undertake any Change of Scope without the express consent of the Authority, save and except any works necessary for meeting any Emergency, that too with verbal approval of Authority which shall be confirmed in writing in next 3 (three) days. In the event that the Parties are unable to agree, the Authoritymay: (a) issue a Change of Scope Order requiring the Contractor to proceed with the performance thereof at the rates and conditions approved by the Authority till the matter is resolved in accordance with Article26; or (b) proceed in accordance with Clause13.5. (vi) The provisions of this Agreement, insofar as they relate to Works and Tests, shall apply mutatis mutandis to the Works undertaken by the Contractor under this Article 13. 13.3
Appears in 1 contract
Samples: Draft Contract Agreement
Procedure for Change ofScope. (i) In the event of the Authority determining that a Change of Scope is necessary, it may direct the Authority’s Engineer to issue to the Contractor a notice specifying in reasonable detail the Works and services contemplated thereunder (the “Change of ScopeNotice”).TheContractorshallsubmitadetailedproposalasperClause13.2 (iii) within 15 days from the receipt of Change of Scope Notice. (ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a Change of Scope to the Works is required, it shall prepare a proposal with relevant Contract AgreementPage 85 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (2nd Call) Feb 2023 details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to Contract AgreementPage 83 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023 consider such Change of Scope (the “Change of ScopeRequest”). (iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence, provide to the Authority and the Authority’s Engineer such information as is necessary, together with detailed proposal in supportof: (a) the impact, if any, which the Change of Scope is likely to have on the Project Completion Schedule if the works or services are required to be carried out during the Construction Period;and (b) the options for implementing the proposed Change of Scope and the effect, if any, each such option would have on the costs and time thereof, including the followingdetails: i. break-up of the quantities, unit rates and cost for different items of work;and ii. proposed design for the Change ofScope; iii. proposed modifications, if any, to the Project Completion Schedule of the Project Highway. For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of Clause 13.4 (ii), the Contract Price shall be increased or decreased, as the case may be, on account of any such Change of Scope. (iv) The parties agree that costs and time for implementation of the proposed Change of Scope shall be determined as per thefollowing: (a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works Department are applicable at the Base Date are available, the same shall be applicable for determination of costs. In case of non-availability of Schedule of Rates at the Base Date, the available Schedule of Rates shall be applied by updating the same based on WPI. In case the Contract Price is lower/ higher than the Estimated Project Cost as per RFP, then the SOR rates shall be reduced/ increased in the same proportionaccordingly. (b) For item of Works not included in Schedule of Rates as mentioned insub-para (a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of MORTH Standard Data Book and the Authority’s Engineer shall determine the prevailing market rates and discount the same considering WPI to achieve the prevailing rate at the Base Date, and for any item in respect of which MORTH Standard Data Book does not provide the requisite details, the Authority’s Engineer shall determine the rate in accordance with Good IndustryPractice. For the avoidance of doubt, in case the cost as determined by the Contractor and the Authority reveals a difference of more than 10% (ten per cent), the cost as determined by the Authority shall be considered as final and binding on theContractor. Contract AgreementPage 84 86 of 149 152 “Development and Up-gradation Construction of 4 laning of Jamugurihat Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the state State of Assam on EPC Mode under Bharatmala Pariyojana in Engineering, Procurement & Construction Economic Corridors (EPCProject Length – 11.8 km)” (2nd Call) basis. ” Jan Feb 2023
Appears in 1 contract
Samples: Draft Contract Agreement
Procedure for Change ofScope. (i) In the event of the Authority determining that a Change of Scope is necessary, it may direct the Authority’s Engineer to issue to the Contractor a notice specifying in reasonable detail the Works and services contemplated thereunder (the “Change of ScopeNotice”).TheContractorshallsubmitadetailedproposalasperClause13.2 (iii) within 15 days from the receipt of Change of Scope Notice. (ii) If the Contractor determines, not later than 90 days from the Appointed Date, that a Change of Scope to the Works is required, it shall prepare a proposal with relevant Contract AgreementPage 85 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 details as per Clause 13.2 (iii) at its own cost and shall submit to the Authority to Contract AgreementPage 83 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023 consider such Change of Scope (the “Change of ScopeRequest”). (iii) Upon receipt of a Change of Scope Notice, the Contractor shall, with due diligence, provide to the Authority and the Authority’s Engineer such information as is necessary, together with detailed proposal in supportof: (a) the impact, if any, which the Change of Scope is likely to have on the Project Completion Schedule if the works or services are required to be carried out during the Construction Period;and (b) the options for implementing the proposed Change of Scope and the effect, if any, each such option would have on the costs and time thereof, including the followingdetails: i. break-up of the quantities, unit rates and cost for different items of work;and ii. proposed design for the Change ofScope; iii. proposed modifications, if any, to the Project Completion Schedule of the Project Highway. For the avoidance of doubt, the Parties expressly agree that, subject to the provisions of Clause 13.4 (ii), the Contract Price shall be increased or decreased, as the case may be, on account of any such Change of Scope. (iv) The parties agree that costs and time for implementation of the proposed Change of Scope shall be determined as per thefollowing: (a) For works where Schedule of Rates (SOR) of concerned circle of State’s Public Works Department are applicable at the Base Date are available, the same shall be applicable for determination of costs. In case of non-availability of Schedule of Rates at the Base Date, the available Schedule of Rates shall be applied by updating the same based on WPI. In case the Contract Price is lower/ higher than the Estimated Project Cost as per RFP, then the SOR rates shall be reduced/ increased in the same proportionaccordingly. (b) For item of Works not included in Schedule of Rates as mentioned insub-para (a) of Clause 13.2 (iv) above, the cost of same shall be derived on the basis of MORTH Standard Data Book and the Authority’s Engineer shall determine the prevailing market rates and discount the same considering WPI to achieve the prevailing rate at the Base Date, and for any item in respect of which MORTH Standard Data Book does not provide the requisite details, the Authority’s Engineer shall determine the rate in accordance with Good IndustryPractice. For the avoidance of doubt, in case the cost as determined by the Contractor and the Authority reveals a difference of more than 10% (ten per cent), the cost as determined by the Authority shall be considered as final and binding on theContractor. Contract AgreementPage 84 86 of 149 152 “Development and Up-gradation Construction of 4 laning of Jamugurihat Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the state State of Assam on EPC Mode under Xxxxxxxxxx Xxxxxxxxxx in Engineering, Procurement & Construction Economic Corridors (EPCProject Length – 11.8 km)” (3rd Call) basis. ” Jan Mar 2023
Appears in 1 contract
Samples: Draft Contract Agreement
