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Contract - Assignment Example

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S/No. Question Answer Article from text to support Answer 1. What is the date and time of bid opening On the 12th Day of December 2012 On the Title :Date: 12/8/2012 2. What is the penal sum of the required performance bond? 100% of the total contract Article 6 Sub-article 4 3…
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S/No. Question Answer Article from text to support Answer What is the and time of bid opening On the 12th Day of December On the :Date: 12/8/2012 2. What is the penal sum of the required performance bond? 100% of the total contract Article 6 Sub-article 4 3. Will there be a pre-bid conference? Yes, 2 weeks after the bid documents are made available Article 1 Sub-article 1.2 4. What is the number of days that bids must be held open for acceptance? 30 days from day of announcement Article 1 Sub-article 1.2 5. How many and what are the milestone completion dates? There are six milestones: Materials (90 days) Construction work (2.5 years) Construction/ handicraft work (21/2years) Installation work (23/4 years) Restoration/clean-up of project site (After 3 years) Other work (After 3 years) Article 3 Sub article 3.5 6. What is the amount of liquidated damages for each day that each milestone is late? 0.5 % of the total contract for each day Article 6 Sub-article 6.7 7. Does the government have the right to occupy a completed part of the work? No 8. How long does the contractor have to perform the entire project? 1095 days from day of signing of contract Article 3 Sub-article 3.1 9. How many bid items are there? Six Article 1: Subject of the Contract 10. How often can the contractor expect to receive progress payments? -20 (twenty) % of contracted value within 1 (one) day of signing contract - 30 (thirty) % of contracted value upon 50 (fifty)% of contracted works - 40 (forty) % of contracted value after handing over of object. -10 (ten) % of contracted value three months after handing over of object Article 4: Payment Schedule Sub-article 2 11. Reproduce the clause pertaining to suspension of work? This Contract may be suspended by MERCY CORPS based on poor, or non-performance or unnecessary delays, by the Contractor. Article 11 Sub-Article 2 12. Reproduce the clause dealing with variations in work quantities. Should any variations in work quantities, Municipal Officials will notify the Contractor in writing of any problems as soon as possible, and the Contractor will complete any necessary repairs immediately, at the Contractor­­s own expense. Article 10 Sub article 2 13. Reproduce the clause dealing with differing site conditions? From the date the works start to the date they are finally accepted by MERCY CORPS, the Contractor shall be personally liable for personal injuries, cases of death, or any loss or damage to property and surrounding facilities. The contractor shall indemnify and hold harmless MERCY CORPS, and all MERCY CORPS employees. The Contractor is held responsible for safety of all activities at the construction site. Article 12 Sub-Article 1 14. Reproduce the clause pertaining to changes in the work? Unforeseen works may not be carried out without prior written approval from the MERCY CORPS. Unforeseen works are works that were not included in the contract that are either necessary for the continuation of the works and/or essential to insure the proper results/function of the works on the contracted location. Article 7 15. Reproduce the clause pertaining to default terminations and excusable delay? If the Contractor does not honor the contracted deadline for completion of all works, penalties will be implemented by reducing the final payment 0.5% of the total value, for each day over completion date, beginning on the first day of default as determined by MERCY CORPS Program Manager. Article 11 Sub Article 1 16. . Reproduce clause for termination of the contract for the convenience of the owner? This Contract may be terminated at any time by a mutual agreement from both parties, effective immediately upon receipt of written notification. This Contract may be terminated by MERCY CORPS based on poor, or non-performance, by the Contractor Article 11 Sub-Article 1,2 and 3 17. Reproduce clause concerning contract disputes? MERCY CORPS and the Contractor hereby agree to seek informal resolutions to any possible disagreements before pursuing legal remedies. In the event of such informal resolutions not being possible, this Contract will be subject to resolutions in accordance with the applicable international and provincial laws Article 9 Appendix Location: North Carolina Tender №: MCR/156td/8/2012 Project : Construction of a two storey Building Date: 12/8/2012 Account Code: Sub Code: Cost Center: Construction Contract I. CONTRACTING PARTIES 1. MERCY CORPS, represented by Peter Hejlsberg Director of Programs And China Wu Yi Company LTD represented by Li Mo Yung (hereafter referred to as Contractor) II. SUBJECT OF THE CONTRACT Article 1 1.1 This subject of this contract is Construction of a two storey Building This work will be done in accordance with the accepted tender and technical documentation for each object and these works include: a. Materials b. Construction work c. Construction/ handicraft work d. Installation work e. Restoration/clean-up of project site f. Other work 1.2 The bid must remain open to 30 days from day of announcement for it to be accepted. 1.3 There will there be a pre-bid conference will be held in 2 weeks after the bid documents are available III. CONTRACTOR’S OBLIGATIONS Article 2 2.1 The Contractor must perform work according to the specifications and technical documentation in terms of type, quantity, and quality and in compliance with all valid technical regulations and standards. 2.2 The Contractor must provide all necessary professional staff for the preparation and performance of the required work. 2.3 The Contractor will provide the necessary tools and materials for the completion of the required works. 2.4 The Contractor is responsible for providing transport for people, materials and tools to and from the location. 2.5 The Contractor must keep all necessary related technical documents on the execution of the works up to date. 2.6 The Contractor is required to hire a minimum of 10% of unskilled labor from the village where the project is being completed. 2.7 The Contractor will install materials as described per technical assessment carried out by MERCY CORP Engineers. 2.8 From the beginning of the execution of the works to the handing over of the works to MERCY CORPS, the Contractor is liable to insure and to protect the executed works, equipment and material against damages, decay, removal and/or destruction. 2.9 The Contractor must allow MERCY CORPS complete access to the contracted location for monitoring and supervision of contracted works, at all times. III TERMS FOR COMPLETION OF WORKS Article 3 3.1 The deadline for completion of all work in this job according to this Contract, is 1095 days after signing this Contract. 3.2 The Contractor may prolong the contract period in the case of Force Majeure. As used for the purposes of his Contract, Force Majeure shall be considered acts of God, war (declared or not), invasion, revolution, uprising and/or other events of a similar nature. 3.3 In the event of, and soon as possible after the occurrence of any event constituting Force Majeure, the Contractor shall give notice and full particulars of such occurrence in writing to MERCY CORPS. On receipt of the notice required under this Article, MERCY CORPS shall take such action as, in its sole discretion; it considers being appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations hereunder. 3.4 If the Contractor is prevented permanently, wholly or in part, by reason of Force Majeure, to perform its obligations and meet its responsibilities hereunder, MERCY CORPS shall have the right to suspend or terminate the Contract by giving a three days notice. 3.5 The Work milestones will be completed as the following schedule: Materials (90 days) Construction work (2.5 years) Construction/ handicraft work (21/2years) Installation work (23/4 years) Restoration/clean-up of project site (After 3 years) Other work (After 3 years) IV. PRICE AND PAYMENT SCHEDULE FOR CONTRACTED WORKS Article 4 4.1 The total price of the completed works is 3,125,000 (price in long-hand) USD. Number LOCATION Contracted Amount for Material USD Contracted Amount for Labor USD Total contracted Amount USD MCR/156td/8/2012 North Carolina 1,625,000 1,500,000 3,125,000 4.2 Payment, which will take place only upon presentation of valid project documentation for contracted works and upon approval by MERCY CORPS, will be made according to the following schedule: a. 20 (twenty) % of contracted value within 1 (one) day of signing contract b. 30 (thirty) % of contracted value upon 50 (fifty) % of contracted works c. 40 (forty) % of contracted value after handing over of object. d. 10 (ten) % of contracted value three months after handing over of object. 4.3 All invoices shall bear the following references: a. The Contract Number b. Bank Wire Information c. Full Address of the Contractor d. An Invoice Number. 4.5 The invoice will be certified by the MERCY CORPS, to the effect that work has been completed in a timely and satisfactory manner. 4.6 The final payment for completed works will be made by MERCY CORPS to the contractor with the specifications and works specified in the after MERCY CORPS acceptance of the completed works. The works are to be in accordance attached technical documentation and detailed in the contractor’s work diary. The payment will be made within 90 days after the contractor provided MERCY CORPS with a final invoice. 4.7 Agreements for works costs will be made in USD. The Contractor will be paid in USD by means of a bank transfer, or in accordance with information provided by the Contractor. The Contractor is liable for all incurred bank transfer duties. V. VALIDITY OF THE CONTRACT Article 5 5.1 This contract is valid on and from the date it is signed and stamped by MERCY CORPS and the Contractor. 5.2 Changes or modifications to this Contract can be made only by written agreement between the authorized representatives of the Contractor and MECY CORPS. VI. ACCEPTANCE OF CONTRACTED WORK Article 6 6.1 All works and materials are to be of quality/class satisfactory to MERCY CORPS and must be in accordance with all accepted/relevant standards. MERCY CORPS will monitor and supervise the contracted work. 6.2 Following the completion of the specified works, MERCY CORPS will accept the completed works from the Contractor. 6.3 During acceptance of completed works, MERCY CORPS is entitled to deposit a complaint. If the Contractor does not eliminate the defects stated in the complaint, MERCY CORPS is entitled to keep back a proportional part of the total payment required for the elimination of the defects covered by the complaint. The amount shall be determined by MERCY CORPS. 6.4 Contract Security: Contractor shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations related thereto and as required in the instructions to bidders or elsewhere in this Contract. The amount of the bond should be 100% of the original contract price. Contractor shall grant to Owner a mortgage on certain property in North Carolina as set forth in Exhibit The mortgage shall secure the performance by Contractor of all of Contractor's obligations under this agreement including, but not limited to, completion of the work for the Contract's price; indemnification of Owner from claims as set forth in this agreement; Contractor's general guarantee of materials and workmanship, and any special or consequential damages to which Owner may be entitled as a result of breach of this Contract by Contractor. The mortgage shall further secure the payment of any award to Owner pursuant to arbitration as provided herein. Contractor acknowledges that this mortgage is being accepted by Owner in lieu of a conventional performance and payment bond with a commercial surety, as well as Owner's agreement not to require retainage during construction. Contractor further acknowledges that the Owner has a limited ability to complete the Contract on its own in the event of Contractor's default, and that the Owner may freely assign the mortgage and any interests it may have as mortgagee. Owner agrees that the Contractor shall be entitled to a discharge of the mortgage one year from the date that the final payment for the completion of the work is made, or 30 days following payment in full by Contractor of any award to Owner pursuant to arbitration pending at the end of the one?year period, whichever occurs later. 6.7 Liquidated Damages: Contractor hereby agrees to commence work under this contract within 90 days of the Notice to Proceed and to fully complete the project within 1095 consecutive calendar days thereafter. Contractor further agrees to pay as liquidated damages, the sum of 0.5 % for each consecutive calendar day thereafter. These damages shall not apply, should unforeseeable causes beyond the control and without the fault or negligence of the Contractor cause delays in the completion of this project. VII. UNFORESEEN WORKS Article 7 7.1 Unforeseen works may not be carried out without prior written approval from the MERCY CORPS. Unforeseen works are works that were not included in the contract that are either necessary for the continuation of the works and/or essential to insure the proper results/function of the works on the contracted location. VIII. CONSTRUCTION WORK DOCUMENTATION Article 8 8.1 The Contractor will maintain a construction work diary. 8.2 The Contractor will provide all necessary documentation according to existing regulations. 8.3 The Contractor will maintain documentation regarding any on-the-site injuries or accidental deaths incurred. IX. RESOLUTION OF CONFLICT Article 9 9.1 MERCY CORPS and the Contractor hereby agree to seek informal resolutions to any possible disagreements before pursuing legal remedies. 9.2 In the event of such informal resolutions not being possible, this Contract will be subject to resolutions in accordance with the applicable international and provincial laws. X. GUARANTEE OF CONTRACTED WORKS Article 10 10.1 The Contractor guarantees the quality of general workmanship for a minimum period of 2 years from the date of completion of the works, or longer if necessary. 10.2 Should any variations in work quantities occur, Municipal Officials will notify the Contractor in writing of any problems as soon as possible, and the Contractor will complete any necessary repairs immediately, at the Contractor­­s own expense. XI. PENALTIES AND TERMINATION OF CONTRACT Article 11 11.1 If the Contractor does not honor the contracted deadline for completion of all works, penalties will be implemented by reducing the final payment by 0.5% of the total value, for each day over completion date, beginning on the first day of default as determined by MERCY CORPS Program Manager. 11.2 This Contract may be terminated at any time by a mutual agreement from both parties, effective immediately upon receipt of written notification. 11.3 This Contract may be terminated by MERCY CORPS based on poor, or non-performance, by the Contractor. 11.4 If termination of the Contract should occur as stated above in Article 12 (no. 12.2 & 12.3.), MERCY CORPS will provide the Contractor with necessary payment for the works completed by the Contractor to date and approved by MERCY CORPS prior to the termination of this Contract. XII. GENERAL STIPULATIONS Article 12 12.1 From the date the works start to the date they are finally accepted by MERCY CORPS, the Contractor shall be personally liable for personal injuries, cases of death, or any loss or damage to property and surrounding facilities. The contractor shall indemnify and hold harmless MERCY CORPS, and all MERCY CORPS employees. The Contractor is held responsible for safety of all activities and the construction site. 12.2 The Contractor shall be considered as having the legal status of an independent contractor for MERCY CORPS the contractor’s personnel shall not be considered in any respect as being the employees or agents of MERCY CORPS. 12.3 The Contractor shall neither seek nor accept instructions from any authority external to MERCY CORPS, in connection with the performance of its services under this Contract. 12.4 In the event that the Contractor requires services of sub-contractors, the contractor shall not seek additional funds from MERCY CORPS for the payment of those sub-contractors. 12.5 The English language shall be used by the Parties in all written communications with respect to this Contract. The use of the language of the Contractor’s country will be only as a courtesy to the Contractor. 12.6 Neither the Contractor nor its employees, agents or sub-contractors shall disclose to any person or organization, in any manner or form, during the Contract period or after its expiration, any privileged or confidential information of this Contract. “Confidential” information includes, but is not limited to, $ unit prices and the total $ Contract price 12.7 Contractor is prohibited from making payments (currency or materials) to any MERCY CORPS employee, relatives, or employee partner in relation to this contract. XIII CERTIFICATION REGARDING TERRORIST FINANCING Article 13. As a condition of entering into this agreement the Contractor hereby certifies that it has not provided and will not provide material support or resources to any individual or entity that it knows, or has reason to know, is an individual or entity that advocates, plans, sponsors, engages in, or has engaged in terrorist activity, including but not limited to the individuals and entities listed in the Annex to Executive Order 13224 and other such individuals and entities that may be later designated by the United States under any of the following authorities: § 219 of the Immigration and Nationality Act, as amended (8U.S.C. § 1189), the International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.), the National Emergencies Act (50 U.S.C. § 1601 et seq.), or § 212(a)(3)(B) of the Immigration and Nationality Act, as amended by the USA Patriot Act of 2001, Pub. L. 107-56 (October 26, 2001)(8U.S.C. § 1182). The Contractor further certifies that it will not provide and material support or resources to any individual or entity that it knows, or has reason to know, is acting as and agent for any individual or entity that advocates, plans, sponsors, engages in, or has engaged in terrorist activity, or that has been so designated, or will immediately cease support if an entity is so designated after the date of this agreement. For purpose of this certification “material support and resources” includes currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, expect medicine or religious materials For purpose of this certification, “engage in terrorist activity” shall have the same meaning as in section 212(a)(3)(B)(iv) of the Immigration and Nationality Act, as amended (8U.S.C. § 1182(a)(3)(B)(iv)). For purpose of this certification, “entity” means a partnership, association, corporation, or other organization, group, or subgroup. This certification is an express term and condition of the agreement and any violation of it shall be grounds for unilateral termination of the agreement by Mercy Corps prior to the end of its term. XIV. CONTRACT COPIES Article 14 14.1 This Contract is prepared in two copies each of the English and Pashtu languages. Each party will be provided with one copy of the Contract in both English and local languages. In the case of a discrepancy, the English language version of the Contract will prevail. For and on behalf For and on behalf Of the Contractor: of MERCY CORPS: Name: Li Mo Yung Name: Peter Hejlsberg Position: Project Manager Position: Director of Programs Signature: Signature: Date: 12/8/2012 Date: 12/8/2012 Read More
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