Joint Stock Company "National Company "Kazakhstan Temir Zholy", hereinafter referred to as "Customer", represented by , acting on the basis of qquad\qquad , , on the one hand, and
hereinafter referred to as the "Contractor", represented by qquad\qquad acting on the basis of qquad\qquad , on the other hand, jointly referred to as the "Parties", and separately as stated above "Party", in accordance with the Procedure for procurement by the joint stock company "National Welfare Fund "Samruk-Kazyna" and legal entities, fifty or more percent of voting shares (participatory interest) of which are directly or indirectly owned by Samruk-Kazyna JSC on the right of ownership or trust management (hereinafter - the Procedure), and on the basis of concluded this contract on procurement of works (hereinafter - the Contract) and agreed as follows. The Contractor, by signing this Contract confirms that: - is a business entity established and acting in accordance with the legislation; - there are no restrictions, prohibitions for signing this Contract; - has assessed and identified all its entrepreneurial risks before signing this Contract. Draft contracts on procurement of pre-project, design works shall contain requirements on indication by the Supplier in the pre-project and (or) design (design estimate) documentation of construction materials, equipment, products and structures included in the database of goods, works, services and their suppliers (if any), formed by the authorized state body in the field of state support of industrial-innovative activity.
1. Subject of the Contract
1.1 The Contractor undertakes to perform works (hereinafter referred to as the Work) in accordance with the terms and conditions of this Contract, and the Customer undertakes to accept and pay for the completed Works under the terms and conditions of this Contract, subject to proper fulfillment of the Contractor's obligations under the Contract.
1.2 The Works in this Contract shall mean the scope of integrated works on design and survey works, turnkey construction of the Facility in accordance with the List of Works to be procured (Appendix 1 to the Contract), Technical Specification (Appendix 2 to the Contract). The object in the Contract shall mean: (hereinafter referred to as the Object). Performance of complex works under this Contract shall mean the Contractor's performance of works to organize and ensure the construction of the Facility, including the supply of materials and equipment, a set of works and services, including, but not limited to: registration in accordance with the established procedure of the relevant rights to the land plots provided and/or allocated for the design and construction of the Facility, redemption of title to land plots (if necessary), registration of land plots under the Facility in ownership and/or on loanand, putting the Object into operation, registration of the Customer's rights to the Object and the land plot under it in the order established by the legislation of the Republic of Kazakhstan and transfer of the Object ready for operation to the Customer, execution of all permits and other documents required for construction and putting the Object into operation.
1.3 The period of performance of the Works is set as follows: beginning: " qquad\qquad >" qquad\qquad 202_; ending: " qquad\qquad " 202. Commissioning: " " qquad\qquad 202 years. Intermediate terms of the Works performance are stipulated in the approved Work schedule (Appendix 5 to the Contract).
1.4 The documents listed below and the terms and conditions stipulated therein constitute this Contract and shall be deemed to be an integral part thereof, namely: List of Works to be procured (Appendix 1 to the Contract), Technical Specification (Appendix 2 to the Contract), Local Maintenance Reporting (Appendix 3 to the Contract), Forms of documents to secure the execution of the Contract/ensure return of advance/pre-payment (Appendix 4 to the Contract), Works Production Schedule (Appendix 5 to the Contract), Warranty Passport (Appendix 6 to the Contract), Statement of Contract Price (Appendix 7 to the Contract), Information on Subcontractors engaged under the Contract (Appendix 8 to the Contract), List of violations of industrial safety requirements when the Contractor performs works at the Customer's facilities (Appendix 9 to the Contract), Design Assignment (Appendix 10 to the Contract), Schedule for development of design and estimate documentation (Appendix 11 to the Contract).
1.5 The Contractor undertakes to perform the Works at his own risk using his own materials. Materials shall be of good quality, new, not previously used, except for materials/goods given on a tolling basis.
1.6 The share of in-country value in the Works will be determined after the project is approved by the State Expert Review. Contractor
declares that it is familiarized with the preliminary initial and available documents, has surveyed the site of the Facility and is ready to perform the Work in accordance with the terms and conditions of this Contract.
1.7 The Contractor, signing this Contract confirms that he has carefully studied and understood the content of the Supplier's Code of the joint stock company "National Company "Kazakhstan Temir Zholy", placed on the corporate website of the joint stock company "National Company "Kazakhstan Temir Zholy" (hereinafter - Supplier's Code), and also confirms that he acts in full compliance with the Supplier's Code.
2. Contract amount and payment terms
2.1 The total amount of this Contract shall be qquad\qquad ( qquad\qquad ) and shall include all expenses necessary for proper fulfillment of the Contract terms and conditions and shall not be subject to change until the Parties fulfill their obligations under this Contract in full, except for the cases stipulated by the Contract and the Procedure.
2.1.1 If the cost of the Work performed by the Contractor decreases in comparison with its cost specified in Section 2.1.1 of the Contract, the Contractor shall charge the actual cost of the Work.
2.2 The total ratio of payment types under the Contract is specified in Appendix No. 1 to the Contract.
2.3 The total amount of the Contract, by agreement of the Parties, may be adjusted after the positive conclusion of the state expert examination of the design and estimate documentation is issued by signing an additional agreement to this Contract by the Parties.
2.4 The cost of the Works, at the discretion of the Customer, may also be adjusted in the following cases: introduction of changes in the legislation of the Republic of Kazakhstan concerning the rates of taxes and fees included in the cost of the Works, the cost of the Works shall be changed in accordance with the legislation from the date of enactment of the relevant changes; by agreement of the Parties in cases specified in the Procedure and provided for by the legislation of the Republic of Kazakhstan.
2.5 Payment under the contract shall be made in the following order:
2.6 Settlement with advance payment (prepayment) shall be carried out as follows:
2.6.1 The Employer shall pay to the Contractor an advance payment (prepayment) not exceeding 30%30 \% (thirty percent) of the Total Contract Sum after confirmation of the source of financing. In this case, the security of return of the advance payment (prepayment), with the term of validity until the full repayment of the advance payment (prepayment) under the Contract, shall be provided by the Contractor within 20 (twenty) working days from the date of receipt of the notice from the Employer on confirmation of the source of financing. The advance payment (prepayment) shall be paid upon submission by the Contractor of a document confirming the payment of security for repayment of the advance payment (prepayment) and an invoice for payment (indicated when the advance payment is submitted). If the Contractor refuses the advance payment (prepayment), this advance payment (prepayment) shall not be made;
2.6.2 The Customer shall not be liable for late payment of the advance payment related to the determination of the source of financing and submission of documents listed in clause 2.6 .1 of the Agreement, not of proper form and/or not complying with the terms and conditions of the Agreement (to be specified when providing the advance payment);
2.6.3 The advance payment (prepayment) shall be made subject to the provision of security for the return of the advance payment (prepayment), (to be specified when the advance payment is provided);
2.6.4 Payment for the actually performed Works shall be made with proportional deduction of the previously made advance payment or in accordance with the calculation of repayment of the paid advance payment (prepayment), (to be specified when the advance payment is provided) and 2%2 \% (two percent) of the cost of the Works performed by the Contractor and accepted by the Customer, which will be paid in accordance with sub-clause 2.7.2 of the Contract, approved by the Parties on a monthly basis.
2.7 Subsequent payment shall be made by the Customer as follows:
2.7.1 The Contractor shall issue an invoice in electronic form by means of the information system "Electronic Invoices" not later than 15 (fifteen) calendar days from the date of signing by the Parties of the Act of the completed Works, Certificate of Cost of the completed Works, executed according to the results of intermediate acceptance of the completed Works. Subsequent payment shall be made by the Customer within 30 (thirty) calendar days from the date of submission of the package of documents for payment, or upon acceptance of the final Works under the Contract. This choice is the right of the Customer.
2.7.2 Final payment in the amount of 2%2 \% (two percent) of the withheld amounts under the Contract shall be made by the Employer within 30 (thirty) calendar days from the date of registration of the Certificate of Acceptance of the Facility into operation/launch complex and submission by the Contractor of the calculation of the local content share for the entire scope of the Works performed under the Contract in the form of an electronic document (provided in the information system of Samruk-Kazyna JSC, which ensures electronic procurement (hereinafter referred to as the System) together with the final Certificate of the Works performed and the Act(s) of the Contractor. Act(s) of the completed Works shall be sent by the Contractor to the Customer through the System. It is allowed to form and sign the Act(s) of the executed Works
Samuryk-Kazyna" Kauzhat "Samuryk-Kazyna" әААҚ" АҚ" АҚ" АҚ" Electron portalymen kүrylғa
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
Works in the System in electronic form. In this case, the final payment in the amount of 2%2 \% in case of delivery of a part of the Works (start-up complex) shall be made in the amount of the Works accepted by the Customer upon delivery of the start-up complex, subject to repayment of a part of the advance payment in the breakdown by volumes of the delivered Works.
2.8 Settlement without advance payment (prepayment) shall be made in accordance with sub-clause 2.9 of this Agreement.
2.9 Payment for the completed Works, including the final payment under the Contract, shall be made within 30 (thirty) calendar days from the date of signing by the Parties of the Act(s) of the completed Works (hereinafter referred to as the Act of the completed Works) and submission of the following document(s):
2.9.1 Calculation of in-country value for the entire scope of the Works performed under the Contract in the form of an electronic document (provided in the information system of Samruk-Kazyna JSC that ensures electronic procurement (hereinafter referred to as the Web Portal) together with the final Certificate of the Works performed);
2.9.2 An electronic invoice issued by the Contractor through the Electronic Invoices information system;
2.9.3. Reconciliation act of mutual settlements;
2.9.4. Certificate on the cost of completed works and expenses, according to the form approved by the authorized state body;
2.9.5. Insurance policy (insurance contract) with the sum insured in the amount of 1%1 \% (one percent) of the total amount of the Contract, under which the Customer will be the beneficiary. At the same time, the term of validity of the insurance policy (insurance contract) shall not be less than 3 (three) years. The insurance policy (insurance contract) shall comply with the Employer's requirements, or a guarantee fee in the amount of 1%1 \% of the total amount of the Contract, with a warranty period of 3 (three) years, which shall be deposited to the Employer's bank account/ withheld from the amounts payable for the work performed (subject to the Contractor's consent).
2.10. The Act(s) of the Works executed, drawn up and signed in accordance with the legislation shall be sent by the Contractor to the Employer by means of the Web Portal. It is allowed to form and sign the Work Acceptance Certificate(s) on the Web Portal in electronic form.
2.11. The Employer shall not be liable for late payment due to the Contractor's late submission/signing of the payment package.
2.12. The Contractor shall be obliged to pay all duties, taxes, fees and charges payable as a consequence of its obligations under the Contract and these costs shall not constitute grounds for adjustment of the Total Contract Sum.
3 Security of Contract performance and (or) security for return of advance payment (prepayment), (this section is not included in the
Agreement in cases stipulated by the Procedure and relevant acts of the Employer)
3.1. If the amount of the Contract performance security/security of advance payment (prepayment) return is more than 170000 - multiple of the monthly calculation index and the Contractor has chosen the type of the Contract performance security - bank guarantee, the Customer shall accept as a security of the Contract performance/security of advance payment (prepayment) return the following guarantee: - from resident banks of the Republic of Kazakhstan, the long-term credit rating in foreign currency (hereinafter - Rating) of which is not lower than "B-" according to Standard&Poor's, and in the absence of a resident bank of the Republic of Kazakhstan Rating according to Standard&Poor's, the Rating "B" is allowed. If in the course of execution of the Contract the Rating of the bank issuing the guarantee has decreased to a level lower than specified in this clause or the limits on balance sheet and off-balance sheet liabilities of Samruk-Kazyna JSC (hereinafter - the Fund) on the bank are closed, the Contractor shall be obliged within 10 (ten) working days from the date of change of the Rating or receipt of notification from the Employer on closing the limit, to provide as collateral a guarantee from the bank whose Rating meets the requirements of this clause of the Contract.
3.2 If the Employer is unable to obtain from the bank the security for the Contract performance and (or) the security for the return of the advance payment (prepayment) under the bank guarantee provided by the Contractor, the Contractor shall within 10 (ten) working days from the date of receipt of the relevant notice of the Employer provide the Employer with a new bank guarantee.
3.3 The Customer shall return the paid security for the Contract within 10 (ten) working days from the date of full and proper fulfillment of the Contractor's obligations under the Contract. The Customer shall return the paid advance payment (prepayment) security within 10 (ten) working days from the date of full repayment of the advance payment (prepayment).
3.4 In case of breach of contractual obligations by the Contractor, the Employer has the right to deduct from the amount of the paid performance security the amount of penalties (fines, fines) accrued to the Contractor for breach of contractual obligations and losses incurred in connection therewith. The remaining amount of the contract performance security shall be returned to the Contractor within 10 (ten) working days from the date of full and proper fulfillment of its obligations under the contract, as well as the elimination of the admitted by him
and possible remediable breaches of the Contract (in case of such breaches) without entering it into the Holding's List of Unreliable Potential Suppliers (Suppliers). In this case, if the Contractor pays the penalties in full, the Customer shall not withhold the Contract performance security and the Contractor shall not be included in the Holding's List of Unreliable Potential Suppliers (Suppliers).
3.5 If the Contractor fails to meet the deadlines for payment of the advance payment security (prepayment), the payment under the Contract shall be made by the Customer without payment of the advance payment within the terms specified in the Contract.
4. Rights and obligations of the Parties
4.1 The Contractor shall:
4.1.1 Perform the Works in accordance with the terms and conditions of the Contract;
4.1.2. Within 20 (twenty) working days from the date of signing of the Contract by the Parties (except for the cases of the Contractor's refusal of the advance payment (prepayment) and the cases stipulated by Clause 8 of Article 43 of the Procedure), the Contractor shall provide security for the return of the advance payment (prepayment) with the validity period until the full repayment of the advance payment (prepayment) under the Contract in the form of a guarantee monetary contribution, which shall be deposited to the Customer's bank account, or a bank guarantee executed in accordance with Annex 4 to the Contract, or an insurance contract concluded in accordance with the Agreement. For the next fiscal year, the Contractor shall provide security for the return of the advance payment (prepayment) within a period not exceeding 20 (twenty) working days from the date of expiration of the previous fiscal year. At the same time, it is allowed to provide the advance (prepayment) refund security for a period of 1 (one) year or more for the entire amount of the advance (prepayment) to be paid, with subsequent introduction of appropriate adjustments to the provided advance (prepayment) refund security by submitting additions and amendments thereto to the Employer. If an insurance contract is provided, the insurance contract shall be signed on the terms of zero conditional franchise. At the same time, the insurance contract shall be issued by an insurance organization that is solvent and financially stable. The proof of solvency and financial stability within the framework of the Regulations is the compliance of the insurance organization with prudential norms during 12 (twelve) months preceding the first day of the month in which the insurance contract is issued. The source of information shall be monthly data published on the website of the authorized body on control and supervision of financial markets and financial organizations of the National Bank of the Republic of Kazakhstan. At the same time the Contractor shall be obliged to pre-approve the draft insurance contract and insurance organization for solvency, financial stability and compliance with prudential norms during 12 (twelve) months preceding the first day of the month in which the insurance contract with the Employer is issued. * Sub-clause 4.1.2. is applied in case the procurement plan provides for prepayment
4.1.3 Within 20 (twenty) working days from the date of signing of the present Contract by the Parties, the Contractor shall provide security for performance of the Contract with validity period till the moment of complete and proper fulfillment by the Contractor of its obligations under the Contract in the amount of 3%3 \% of the total cost of the Contract in the form of a guarantee money contribution, which shall be deposited to the Customer's bank account, or a bank guarantee executed in accordance with Appendix 4 to the Contract, or an insurance contract concluded in accordance with Appendix 15 to the Procedure, with validity period up to full term. In this case, in the course of the Work under the Contract (in subsequent years) the Contractor shall provide security for the Contract performance (bank guarantee/insurance contract) from the amount of the unfulfilled amount of the Work. The draft of the bank guarantee or insurance contract to be provided shall be agreed with the Employer in advance. This obligation shall not apply to the Contractor if he meets the requirements specified in Article 43.7 of the Procedure.
4.1.4. submit to the Customer with the final Certificate of Completed Works a calculation of in-country value for the entire scope of the Works performed under the Contract in the form of an electronic document (available on the Web Portal).
4.1.5 Remedy deficiencies in the Works identified by the Customer in accordance with the terms and conditions of the Contract. The Customer shall not have the right to require the Supplier to provide the forecast in-country value in the Works.
4.1.6. to perform the Works in accordance with the Work schedule according to Appendix 5 to the Contract.
4.1.7. Within 20 (twenty) working days from the date of signing the Contract, submit to the Customer for approval the Schedule for development of design and estimate documentation (Appendix 11 to the Contract).
4.1.8 Develop design and estimate documentation in accordance with the Design Assignment.
4.1.9 Ensure that the Design Assignment (including design criteria and calculations, if any) meets its requirements prior to commencement of the Design, notify the Client of any error, defect or other deficiency in the Design Assignment.
4.1.10. Develop design and estimate documentation with sufficient detail required to obtain all statutory permits, to provide the Supplier and the construction staff with sufficient guidance to carry out the construction of the Project. The Customer shall have the right to control and supervise the preparation of design and estimate documentation wherever it is prepared, regardless of the place of preparation.
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
4.1.11. To coordinate with the Customer the main design and technical decisions taken in the course of development of design and estimate documentation.
4.1.12. To ensure compliance of design and estimate documentation with the requirements of state standards, technical norms, construction norms and rules, environmental and other regulatory acts of the Republic of Kazakhstan, as well as standards specified in the Design Assignment and terms of the Contract.
4.1.13. In case of errors in the design and estimate documentation, correct these errors at its own expense.
4.1.14. If the Customer gives a reasonable indication that the design and estimate documentation for construction of parts of the Facility should be adjusted, prepare such design and estimate documentation upon receipt of such indication.
4.1.15. Obtain a positive conclusion of the state expert examination for the developed design and estimate documentation and coordinate the completed design and estimate documentation with the competent state and local authorities.
4.1.16. To sign reconciliation certificates and certificates of completed works issued by RSE "Gosexpertiza" and accept invoices issued by RSE "Gosexpertiza".
4.1.17. On the basis of a power of attorney issued by the Customer, to obtain and/or receive and/or update the initial data and authorization documents required for the design.
4.1.18. To purchase goods to be installed, equipped with the Facility under construction and (or) used during construction in accordance with the approved design and estimate documentation.
4.1.19. After conclusion of the Contract provide the Customer with premises, equipment and machinery, as well as vehicles as necessary for technical supervision by the Customer.
4.1.20. Ensure quality and timely performance of the Works in accordance with the requirements of construction norms and rules, as well as design and estimate documentation.
4.1.21. Provide documents, at the Customer's request, confirming the quality of materials used in the performance of the Works.
4.1.22. Notify the Customer in writing on completion of the Works.
4.1.23. Guarantee the accuracy of the information provided on the local content share in the Works. In case of providing unreliable information on the local content share, the Contractor shall be liable in accordance with the Procedure and the Contract.
4.1.24. Be liable to the Customer for non-performance or improper performance of the Works under this Contract by the involved subcontractors.
4.1.25. If necessary, at its own expense, with the involvement of independent laboratories and in accordance with the requirements of regulatory and technical documents, to perform tests, investigations of materials, products, etc. to confirm the declared characteristics.
4.1.26. Within 30 (thirty) calendar days from the date of signing of the Contract submit to the Customer for approval preliminary schedules of the Works. The final schedule of the Works shall be submitted to the Customer after receiving a positive conclusion on the developed design and estimate documentation.
4.1.27. To formalize the rights to the land plot under the Object in the order established by the legislation of the Republic of Kazakhstan and hand over to the Customer the relevant documents of title to the land plot.
4.1.28. On the basis of a power of attorney issued by the Customer, obtain the documents required for registration of the allocated land plots for the Object in the authorized bodies (the power of attorney shall be issued to the Contractor within 15 (fifteen) calendar days from the date of receipt of a written request from the Contractor).
4.1.29. Carry out the Works in accordance with the duly approved estimate/pre-design/project (design estimate) documentation.
4.1.30. In the course of construction to draw up executive technical documentation certified by signatures of authorized representatives of technical and author's supervision, reflecting the actual implementation of design solutions and the actual position of structures and their elements, at all stages of production as certain stages of work are completed. Obligatory compilation, content and forms of specific executive documents shall be established in accordance with the legislative acts of the Republic of Kazakhstan.
4.1.31. Provide information on subcontractors engaged under the Contract (Annex 8 to the Contract)
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
together with the acceptance certificates for the completed Works and the certificate of cost of the completed Works.
4.1.32. Ensure that incoming inspection of materials is maintained, with a log of incoming inspection of materials, equipment, parts of equipment and components.
4.1.33. To provide the Customer with the first batch of delivered goods, materials, equipment, parts of equipment and components subject to installation, equipping of the object under construction and (or) consumption during construction in accordance with the estimate/pre-design/project (design-budget) documentation, certificates of conformity of the Republic of Kazakhstan issued by the authorized body.
4.1.34. Independently bear all costs associated with obtaining licenses (certificates) for materials, equipment, and component parts supplied by the Contractor and required for performance of the Work.
4.1.35. Within 3 (three) calendar days, notify the Customer in writing of any additional work/increase in the estimated cost of construction discovered in the course of performance of the Works that is not accounted for by the design documentation and/or defects in the design and estimate documentation, and the related need for additional work/increase in the estimated cost of construction. The said additional works performed by the Contractor without prior written notice to the Employer and availability of additional agreement on increase of the Contract cost shall not be paid by the Employer.
4.1.36. To provide construction of the Facility with all necessary materials, tools, equipment, structures stipulated by the Contract conditions, as well as their transportation to the Facility.
4.1.37. Provide free access of the Customer's responsible persons to all areas of the Works, at any time of the day and night, for the entire construction period.
4.1.38. To deliver the completed Works to the Customer in accordance with the requirements of Construction Regulations of the Republic of Kazakhstan, within the terms and in the order stipulated by the Contract and Work schedule (Appendix 5 to the Contract).
4.1.39. Ensure proper maintenance, cleaning of the construction site and adjacent street strip, collection and removal of all waste and construction debris in the course of the Works and upon completion of the Works
4.1.40. Ensure compliance with measures on safety of Works at the Facility, fire and sanitary safety, environmental protection, including appointment of a person responsible for occupational health and safety at the construction site, provide the Contractor's employees with special clothing and personal protective equipment.
4.1.41. To ensure safety of materials, equipment, the results of the completed Works, erected structures, facilities, engineering communications located at the Object, to bear the risk of their accidental loss and damage, responsibility for their destruction, damage, theft until the fully completed Object is handed over to the Customer according to the Acceptance Certificate of the completed Works.
4.1.42. After signing of the defect certificate on the revealed defects of the Works by the authorized persons of the Parties, to eliminate the revealed defects arising due to improper performance by the Contractor of his obligations under the Contract free of charge within 10 (ten) calendar days or within other period agreed by the Customer specified in the defect certificate.
4.1.43. To eliminate deficiencies identified by the authorized persons of the state body for architecture and town planning within the terms established by the said bodies, but not later than 10 (ten) calendar days from the date of their identification, free of charge.
4.1.44. To take part in the commissioning of the Facility to the authorized bodies and to eliminate all defects and deficiencies in the completed works as determined by the acceptance committee within the terms set by the Customer.
4.1.45. After commissioning of the Facility, in order to ensure proper operation of the Facility and uninterrupted functioning of the internal engineering systems of the Facility in normal operating mode, to engage qualified organizations to operate the engineering equipment of the Facility within 5 (five) working days after non-acceptance of the Facility by the Customer and (or) training of the Customer's representatives to service the engineering equipment of the Facility.
4.1.46. Not later than 2 (two) calendar days before completion of the Works notify the Employer of the readiness of the Works for acceptance, indicating the person authorized to hand over the Works on behalf of the Contractor.
4.1.47. Within 3 (three) working days from the date of completion of the Facility to provide the Customer with a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the completed works with the project or negative conclusions signed by persons, including those performing technical and author's supervision.
4.1.48. Provide the Customer with the Concealed Work Acts and proceed to subsequent works only after they have been signed by the technical, author's supervision and the Customer (to be specified in case of concealed works).
4.1.49. Provide acceptance certificates of the completed Works, certificate of cost of the completed Works, confirming the completion of the Works in full under the Contract, Executive, production and technical documentation on the construction of the Facility
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
to the Customer five (5) calendar days prior to the commencement of acceptance of the Facility for operation.
4.1.50. Within 10 (ten) calendar days after commissioning of the Facility by the Employer, remove from the site the construction machinery, mechanisms and equipment belonging to the Contractor at his own expense.
4.1.51. Timely eliminate defects (defects and deficiencies) revealed in the course of construction.
4.1.52. In case of termination of the Contract through the fault of the Contractor, to carry out works on conservation of the uncompleted Object at its own expense.
4.1.53. Carry out control testing and trials of the installed process equipment and engineering systems at its own expense.
4.1.54. Accept from the Customer tolling raw materials necessary for performance of the Works, including (it shall be specified in case of procurement of the Works, when performing which the goods included into the List of goods produced by potential suppliers within the framework of realization of the project of creation of new productions and procurement of these goods by the Customer are used): - to use the goods provided by the Customer on a tolling basis in the amount necessary for full performance of the Works; - to provide monthly and/or final report/reports on the consumption of the goods provided by the Customer on a tolling basis during performance of the Works; - to return the goods provided by the Customer on a tolling basis remaining after performance of the Works, or (with the consent of the Customer) to reduce the price of the Works taking into account the value of the Contractor's unused goods remaining in the Works; - to return the goods provided by the Customer on a tolling basis remaining after performance of the Works, or (with the consent of the Customer) to reduce the price of the Works taking into account the value of the Contractor's unused goods remaining in the Works.
4.1.55. In case of replacement of the VAT registration certificate, notify in writing within 3 (three) calendar days with a copy of the new VAT registration certificate. In case of de-registration from VAT registration, to notify in writing within 3 (three) calendar days, enclosing a copy of the document on de-registration from VAT registration. In case the Contractor was not a VAT payer at the time of contract conclusion, but subsequently becomes VAT registered, notify in writing within 3 (three) calendar days with a copy of the VAT registration certificate.
4.1.56. Compensate for losses caused to the Customer or third parties due to violation of environmental legislation committed by the Customer during the performance of the Works.
4.1.57. Ensure complete elimination of negative consequences of its technogenic impact on environmental objects in the area where the Work was performed, the work site and adjacent territory.
4.1.58. Conduct acceptance tests (technical inspection) of constructed artificial structures with the involvement of specialized (accredited) organizations, provide technical conclusions
4.1.59. To carry out at its own expense repair of automobile roads along the route of delivery of construction materials and equipment.
4.1.60. In case of circumstances slowing down the progress of the Works or making further performance of the Works impossible, notify the Customer within 3 (three) calendar days from the date of occurrence of such circumstances, as well as develop and submit a plan of measures taken to accelerate the progress of the Works and complete the Works within the terms stipulated by the Contract.
4.1.61. To provide fulfillment of necessary measures on safety and labor protection, industrial and fire safety, environmental protection, safety of train traffic, safety and integrity of the Customer's property, including that transferred to the Contractor. To ensure safety of the Customer's employees and third parties in the area of the Works, to bear full responsibility established by the current legislation of the Republic of Kazakhstan for damage caused to their life and health.
4.1.62. Organize work on road traffic safety at the Work Performance Object.
4.1.63. Within minimum time, but not more than within 24 hours to inform the Customer about all accidents, incidents, accidents, cases of violation of environmental legislation by the Contractor, which took place during the performance of works at the Customer's site, to organize their investigation in accordance with the requirements of the legislation of the Republic of Kazakhstan, with inclusion of the Customer's representatives in the commissions of investigation.
4.1.64. Jointly with the Customer to participate in the work of working and acceptance commissions for acceptance of the completed Works, in accordance with the legislation on architectural, town-planning and construction activities of the Republic of Kazakhstan
4.1.65. Within 1 (one) working day from the date of receipt of a written request from the Customer to provide interim progress reports on the progress of the Works.
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
4.1.66. In case of changes in the design and estimate documentation resulting in a reduction of the Total Contract Sum, conclude an additional agreement to the Contract in terms of reduction of the Total Contract Sum according to the Contractor's actual costs.
4.1.67. After complete and proper fulfillment of the Works under the Contract, submit to the Customer's structural subdivision copies of the completed Works certificates, executive-technical documentation on the Object to return the Contract fulfillment security under the acceptance certificate.
4.1.68. To erect with own resources and means in the Work area all temporary buildings and structures necessary for the Work, storage and warehousing of materials.
4.1.69. Provide, at his own expense, temporary connections of communications, communications, etc. for the period of Works performance at the construction site.
4.1.70. After conclusion of the Contract provide the Customer with premises, equipment, as well as motor transport as necessary for technical supervision by the Customer.
4.1.71. To insure construction risks within 5 (five) calendar days from the date of commencement of construction and installation works.
4.1.72. To carry out security of the Object under construction.
4.1.73. Appoint a person responsible for the Works, i.e. an official responsible for the performance of the Works in accordance with the design documentation and regulatory requirements, and notify the Employer in writing, including contacts, of this official.
4.1.74. In the course of the Works performance, maintain operational control of the Works, document inspection of the concealed works, interim acceptance of structures and equipment in the order and composition established by the requirements of the legislation and regulatory documents of the Republic of Kazakhstan.
4.1.75. To bear all risks for non-compliance with the quality requirements of the Works, loss, damage, theft, materials/equipment/products and the results of the Works until the date of signing of the Operational Acceptance Certificate. The Contractor shall, during the performance of the Works, protect the Works and the property belonging to the Employer and located on the site from any kind of damage or other cause, including but not limited to roads, buildings, material stores and other movable and immovable property.
4.1.76. To ensure maintenance and cleaning of the construction site and the territory adjacent to it, proper condition at the site during the Works.
4.1.77. Remove all construction debris (construction machinery and equipment, vehicles, etc.) and clean up the area where the Works have been carried out before notifying the Employer that the Works are ready for acceptance. The Contractor shall remove all garbage, including construction garbage, to a place designated by the local authorities for this purpose. All Works related to the removal of debris from the Site shall be carried out by the Contractor at his own expense.
4.1.78. In the course of the Works the Contractor shall provide access to the Object, construction site for representatives of the relevant state authorities, technical supervision of the Customer and representatives of legal entities performing author's supervision.
4.1.79. Notify the Customer in writing no later than 24 (twenty-four) hours before the commencement of acceptance of the structures in place and inspection of the concealed works.
4.1.80. Notify the Customer in writing of the need to perform additional Work when it arises within five (5) calendar days from the date of discovery.
4.1.81. Provide the Purchaser with facilities for inspection, survey, measurement, and testing of all Work.
4.1.82. To ensure, at its own expense, execution of documents and registration of the Customer's title to the land plots, the Facility and/or facilities commissioned by separate commissioning acts.
4.1.83. To bear all obligations, including but not limited to execution of all authorization documents directly related to the construction of the facility in accordance with the legislation of the Republic of Kazakhstan.
4.1.84. To observe in the course of work performance the norms of the legislation of the Republic of Kazakhstan, including legislation on labor protection, industrial safety and environmental protection, as well as the requirements of standards, regulations, instructions and other acts of the Customer in the field of industrial safety at the Customer's facilities transferred by the Customer to the Contractor under the acceptance act.
Samruk-Kazyna" Kazyna" Kazyna" AҚ" АҚ" АҚ" Electron portalymen kүrylga Document formed by the e-procurement portal of Samruk-Kazyna JSC
4.1.85. Participate in and implement decisions taken at a kick-off meeting organized by the Employer to explain the Employer's safety requirements to the Contractor's representatives.
4.1.86. Suspend performance of the Works, including at the Employer's request, in case of detection of violations of the requirements of the legislation of the Republic of Kazakhstan and this Contract in the field of industrial safety until complete elimination of existing violations. Suspension of the Works, in this case, is a downtime due to the Contractor's fault.
4.1.87. Develop and implement corrective actions aimed at elimination of nonconformities in the field of safety, identified by the results of inspections and audits by the Customer.
4.1.88. Apply authorization orders when performing Works in conditions of increased danger.
4.1.89. To organize and conduct investigation of the causes of accidents, to draw up documentation on the results of investigations in the order and terms stipulated by the legislation of the Republic of Kazakhstan with inclusion of the Customer's representatives in the investigation commission, as well as representatives of authorized state bodies in cases stipulated by the legislation of the Republic of Kazakhstan.
4.1.90. Familiarize its employees, third parties engaged for performance of the Works under the present Contract with the standards, regulations, instructions and other documents of the Customer in the field of safety, which are in force at the Work object and received from the Customer, against signature.
4.1.91. Provide the Customer with information on the status of the PB according to the forms and within the timeframes determined by the Customer.
4.1.92. To pay to the Customer upon its written request a penalty (fine) for non-fulfillment or improper fulfillment by the Contractor of the Customer's requirements in the field of industrial safety, determined in accordance with the List of violations of industrial safety requirements when the Contractor performs works at the Customer's facilities, according to Appendix 9 to the Contract.
4.1.93. At the Customer's request, the Contractor shall perform additional Works omitted in the design and estimate documentation but technologically related to the works under the Contract if normal operation of the Facility becomes impossible without such works. The cost of additional Works may not exceed 5%5 \% (five percent) of the total amount of the Contract, and the Contractor shall not be entitled to demand payment for such unaccounted Works from the Employer.
4.1.94. The Contractor shall pay the cost of utilities that will arise after connection and before the expiry of 14 (fourteen) working days from the date of signing of the acceptance certificate of the Facility into operation by the Employer.
4.1.95. To have permits, copyrights and licenses to perform the Work under this Contract if the legislation of the Republic of Kazakhstan establishes such requirements.
4.1.96. To take into account the requirements of the standard "Safety management of work performed by contractors at KTZ and its subsidiaries" approved by a decision of the KTZ Management Board on 21.08.17 (Minutes No. 02/22, question No. 24).
4.1.97. Not later than 3 (three) working days from the date of receipt of the request from the Customer, provide the Customer with information on subcontractors and affiliation, including their name, BIN, data of managers and founders, information on close relatives (parents, spouse, brother, sister, children), as well as relatives (brother, sister, parents, children of spouse) with indication of IIN, direct or indirect participation in the authorized capital of legal entities, registration changes since the date of formation.
4.1.98. Comply with ESG principles (Environmental, Social, and Corporate Governance (ESG) - a set of characteristics of company management that achieves the involvement of the company in solving environmental, social, and governance problems).
4.1.99. To comply with the requirements of the Supplier's Code, placed on the corporate website of the joint stock company "National Company "Kazakhstan Temir Zholy", as well as, prior to the start of the Works, to ensure familiarization and fulfillment of the requirements of the Supplier's Code by the Contractor's employees, subcontractors and other persons involved in the performance of this Contract. 4.2 The Customer undertakes to:
4.2.1 Accept the completed Works in accordance with the Contract conditions.
4.2.2 Sign the Certificate of Completed Work if there are no claims within 10 (ten) working days from the date of receipt of the Certificate of Completed Work from the Contractor.
4.2.3 Make payment (s) in accordance with the terms and conditions of the Contract.
4.2.4 Return to the Contractor the advance payment security within 10 (ten) working days from the date of full and proper fulfillment of his obligations under the Contract to the amount of the advance payment received from the Employer.
The "Samuryk-Kazyna" Kazyna" KUzhat "A" A KUzhat electronny portalymen kүrylga
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
4.2.5 Return to the Contractor the security paid by him for the fulfillment of the Contract within 10 (ten) working days from the date of full and proper fulfillment of his obligations under the Contract.
4.2.6 Within 10 (ten) working days from the date of signing the Contract, transfer to the Contractor (General Designer) (head) and/or authorized person by power of attorney the design task (for development of design and estimate documentation), initial permit documentation (initial data for design and title documents (if any)), duly approved feasibility study for construction of the Facility (if any) by signing the relevant acceptance certificate.
4.2.7 Within ten (10) working days, stamp the parts and/or sections of the design and estimate documentation submitted by the Contractor with the stamp "For Work" and the signature of the authorized person, or provide a justified refusal.
4.2.8 Before commencement of construction and installation works notify the body exercising state architectural and construction control of the commencement of construction and installation works in the manner prescribed by the legislation of the Republic of Kazakhstan.
4.2.9. to hand over to the Contractor a coupon from the authorities exercising state architectural and construction control for construction and installation works.
4.2.10. Provide the Contractor with a permit to commence work on the Project within the existing right-of-way.
4.2.11. Appoint responsible persons for technical supervision over the quality of the Works, approval of technical documentation and signing of acceptance certificates for the Works.
4.2.12. From the date of receipt of the Contractor's notification on the readiness of the Facility, request from the persons performing technical and author's supervision a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the completed works with the project.
4.2.13. On the basis of the declaration of conformity, conclusions on the quality of construction and installation works and conformity of the completed works to the project together with the Contractor, persons performing technical and author's supervision, check the executive technical documentation for availability and completeness, inspect and accept the Facility into operation under the relevant act within the terms stipulated by this Contract.
4.2.14. If the Contractor refuses to sign the defect report within 3 (three) working days from the date of verbal and/or written refusal to sign, together with persons performing technical and author's supervision, sign the defect report on the identified defects of the Works and send it to the Contractor within the same period of time to eliminate these defects.
4.2.15. Together with the operating company within 14 (fourteen) working days from the date of signing of the Acceptance Certificate of the object in operation, to accept the Object in accordance with the terms of this Contract and the legislation of the Republic of Kazakhstan. Until this date, the Contractor shall remain responsible for the safety of the Facility or its parts.
4.2.16. Provide to the Contractor on a tolling basis the goods required for performance of the Works (to be specified in case of procurement of the Works, in performance of which the goods included in the List of goods produced by potential suppliers within the framework of realization of the project of creation of new production facilities and at conclusion by the Customer of the procurement contract with them are used).
4.2.17. Appoint responsible persons for supervision over compliance of the Works performed with the approved design (design-budget) documentation for the Facility.
4.2.18. Appoint responsible persons for acceptance of the completed Works, signing of executive documentation and stage-by-stage acceptance certificates of the Works, authorized to give comments and recommendations to the Contractor, participate in the processes of certification of concealed Works, intermediate acceptance of structures, systems and equipment, as well as testing.
4.2.19. Within 30 (thirty) working days from the date of signing the act of acceptance of the object into operation, to accept the Object in accordance with the terms of this Contract and the legislation of the Republic of Kazakhstan. The Contractor shall remain responsible for the safety of the Object or its parts, as well as for its maintenance, if necessary, until the Object is put into operation.
4.2.20. jointly with the Contractor to send a notification to the authorized body for architecture and town-planning on the commencement of construction and installation works.
4.2.21. Assist the Contractor, during the period of the Work, in connecting points for temporary use of electricity, water, telephone communication and other utilities as necessary.
4.2.22. Together with the operating company, provide the Contractor with full assistance to obtain all possible permits and approvals under the Contract from official institutions.
4.2.23. To reimburse the Contractor for the costs associated with the formalization of the relevant rights to the land plots provided and/or allocated for the design and construction of the Facility in accordance with the established procedure, formalization of land plots according to
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғаi
The document was generated by the e-procurement portal of NWF Sairuk-Kazyna JSC
soil reserves (quarries) into the ownership and/or long-term lease on the Customer.
4.3 The Contractor shall have the right to:
4.3.1 To demand from the Customer the payment(s) stipulated by the Contract.
4.3.2 Require the Customer to accept the Works in due time and sign the Certificate(s) of the Works performed;
4.3.3 To demand from the Customer timely return of the advance payment (prepayment) security;
4.3.4 Require the Customer to pay the amount of the invoiced penalties, fines and damages.
4.3.5 Require the Customer to timely return the paid security for the Contract performance;
4.3.6 Submit to the Customer an amendment to the Bank Guarantee (Advance (Prepayment) Refund Security) to reduce the amount of the Bank Guarantee (Advance (Prepayment) Refund Security) by an amount equal to the amount of the part of the advance (prepayment) withheld by the Customer after the Customer has made payment in accordance with the terms of the Contract (this clause applies if the Contractor provides a bank guarantee);
4.3.7. Terminate the Agreement on the grounds provided for in the Procedure and (or) the Agreement;
4.3.8 Subcontracting (co-performance) to subcontractors (co-performers) specified by the Supplier at the tender stage as part of the tender application, for subcontracting (co-performance) in the aggregate not more than 1⁄41 ⁄ 4 volume (value) of the Works.
4.3.9. to conclude contracts with subcontractor organizations without the right to transfer the accepted obligations under the Contract to third parties (in this case the presence of subcontractors does not change the terms of the Contract between the Employer and the Contractor, the Employer is not liable for the Contractor's obligations to subcontractor organizations).
4.3.10. to deliver the Works ahead of schedule with the Customer's written consent
4.3.11. To make amendments and additions to the Schedules for development of design and estimate documentation and execution of the Works by agreement with the Customer.
4.4 The Customer is entitled to
4.4.1 Require the Contractor to pay the amount of penalties, fines and damages.
4.4.2 Refuse to accept the Works or a certain part of the Works that does not meet the requirements of the Contract, with a corresponding reduction in the Contract price.
4.4.3 Terminate the Contract on the grounds provided for in the legislation of the Republic of Kazakhstan, the Procedure and (or) the Contract.
4.4.4 Perform technical supervision independently and (or) engage experts having the relevant certificate for the right to provide engineering services in the field of architectural, town-planning and construction activities at the expense of the funds provided for in the estimate/pre-design/project (design-budget) documentation for installation/construction of the Facility in accordance with the applicable regulations.
4.4.5 Establish a commission to determine the readiness of the Facility for commissioning.
4.4.6 To control and supervise the progress and quality of the Works, compliance with the deadlines for their performance, quality of materials used by the Contractor in performing the Works.
4.4.7 Request from the Contractor the necessary documents for preliminary review of the design documentation executed by the Contractor and any information related to the performance of the Works.
4.4.8 Make changes and additions to the Schedules for development of design and estimate documentation and production of the Works upon agreement with the Contractor, and in the part of changing the schedule of works without reducing the normative construction period established by the design and estimate documentation that has received a positive conclusion of the state expert review.
4.4.9. Transfer all rights and obligations to the Contractor related to the state expert review.
4.4.10. Upon written request of the Contractor, in order to ensure timely performance of the Works, to make appropriate payment without withholding advance payment (prepayment), but with subsequent adjustment of advance payment withholding from regular payments
4.4.11. Request any information from the Contractor concerning the performance of the Work.
4.4.12. To make a decision on suspension of the Works as a whole or a part thereof in case of detection during construction of any deviations from construction norms and rules, design and estimate documentation, requirements established by the Contract, until they are eliminated
Samruk-Kazyna" Kazyna" Kazyna" AҚ" АҚ" АҚ" Electron portalymen kүrylga Document formed by the e-procurement portal of Samruk-Kazyna JSC
the reasons for stopping the Work, and in the event of the Contractor's unilateral and systematic breach of the Contract and failure to take any measures to remedy such remarks despite written notices to the Employer. In this case the Contractor shall be responsible for the downtime with all financial costs.
4.4.13. to stop the Works as a whole or a part thereof in case of detection during construction of the admitted deviations from construction norms and rules, design documentation, requirements established by the Contract, until elimination of the reasons for stopping the Works. At the same time, in case of violation of the Work performance deadlines, the term of stoppage of the Work performance by the Employer shall not be recognized as delay of the Employer and shall not release the Contractor from responsibility under the Contract.
4.4.14. In case of breach of contractual obligations by the Contractor, to withhold without acceptance from the amount of the paid security for the Contract and/or other payables to the Contractor under other contracts concluded between the Contractor and the Employer, the amount of penalty (fine, interest) accrued to the Contractor for breach of contractual obligations and the losses incurred in connection with this.
4.4.15. Appoint a construction expert to evaluate the identified deficiencies in the Work at the Contractor's expense.
4.4.16. To demand from the Contractor reimbursement of losses incurred and costs incurred due to improper fulfillment of the Contract conditions, as well as the amount of interest and fine.
4.4.17. Prevent the Contractor from performing the Works under the Contract if the Contractor fails to comply with the Employer's requirements in the field of industrial safety when performing the Works.
4.4.18. In case the Contractor refuses to fulfill its obligations under the Contract for reasons beyond the control of the Employer, withhold the security for the fulfillment of the Contract and/or the security for the return of the advance payment
4.4.19. Request the Contractor to obtain approval from the Employer for particular materials or equipment used at the Site.
4.4.20. At its own expense, to engage legal entities and individuals on contractual or other terms as consultants - experts to assess the quality of the Work performed by the Contractor.
4.4.21. In the course of the Works performance, inspect the Works quality, examine and test the materials used in the Works performance, as well as check the progress of manufacturing and delivery of all materials and equipment, manufacturing and delivery of which is stipulated by the Contract.
4.4.22. Oblige the Contractor to perform additional Works omitted in the design and estimate documentation, but technologically related to the works under the Contract, if without such works normal operation of the Facility becomes impossible. The cost of additional Works may not exceed 5% (five percent) of the total amount of the Contract, and the Contractor shall not be entitled to demand payment for such unrecorded Works from the Employer.
4.4.23. Request explanatory information from the Contractor confirming the share of the specified local content indicator.
4.4.24. Monitor compliance by the Contractor and third parties engaged by the Contractor to perform the Work under this Contract by conducting inspections and external audits of the Contractor's industrial safety management system.
4.4.25. Suspend the works in case the Contractor reveals violations of the requirements of the legislation of the Republic of Kazakhstan and the Contract in the field of industrial safety until complete elimination of existing violations.
4.4.26. To terminate the Contract unilaterally in case of non-fulfillment, improper fulfillment by the Contractor of the measures agreed by the Parties in the field of industrial safety within the established term.
4.4.27. In case of non-compliance of the Works with the requirements of the Contract, including the deadlines, send a reasoned refusal to accept the Works within 5 (five) working days after receipt of this document from the Contractor. If there are any defects in the completed Works, send to the Contractor a list of defects with an indication of the term for their elimination.
4.4.28. Request from the Contractor information on subcontractors and affiliation, including their name, BIN, data of managers and founders, information on close relatives (parents, spouse, brother, sister, children), as well as relatives (brother, sister, parents, children of spouse) with indication of IIN, direct or indirect participation in the authorized capital of legal entities, registration changes since the date of formation.
4.4.29. If necessary, provide the Contractor with old rails and rail fasteners.
5. Procedure for acceptance of completed works on development of design and estimate documentation
5.1 The Contractor shall send the design and estimate documentation (part and/or sections of the design and estimate documentation) to the Customer
a cover letter for review, to which is attached the act of acceptance-transfer of design and estimate documentation (part and/or sections of design and estimate documentation) for review. Prior to receiving an interim positive conclusion of the state expert review, each part and/or section of the design and estimate documentation shall be submitted to the Customer for review. The term of review by the Customer of a part and/or section of the design-budget documentation shall not exceed 7 (seven) calendar days from the date of receipt of a part and/or section of the design-budget documentation by the Customer and notification from the Contractor that this part and/or section of the design-budget documentation is considered ready for pre-construction review. If the Employer notifies the Contractor within such review period that such part (section) of the design and estimate documentation (to the extent specified) is not in accordance with the Design Assignment and or the design solutions agreed by the Employer, it shall be corrected, resubmitted and reviewed in accordance with this clause at the Contractor's expense.
5.2 After receipt by the Contractor of the interim positive conclusion of the State Expert Review, the Contractor shall send parts and/or sections of the design and estimate documentation to the Customer for review by a covering letter. Acceptance of parts and/or sections of design and survey Works shall be made under the act of acceptance of design and estimate documentation, drawn up in 2 (two) copies with the attachment of the consignment note on the design and estimate documentation executed and transferred to the Customer and the act on the cost of completed works on development of design and estimate documentation.
5.3 The Customer shall review parts and/or sections of the design and estimate documentation within 5 (five) calendar days from the date of receipt of parts and/or sections of the design and estimate documentation for: - availability of a positive conclusion of the relevant expertise; availability of necessary approvals of parts and/or sections of the design and estimate documentation by competent (authorized) state authorities.
5.4 After reviewing parts and/or sections of the design and estimate documentation, the Customer: - in case of any comments to the design and estimate documentation and/or lack of necessary approvals and/or lack of a positive conclusion of the relevant expertise - returns the design and estimate documentation to the Contractor for revision, indicating the comments and the terms of their elimination; - in case of absence of any comments to the design and estimate documentation - accepts the interim fulfillment of work on the development of design and estimate documentation by
5.5 Parts and/or sections of design and estimate documentation shall be submitted to the Customer on paper in 5 (five) copies and CD media in 1 (one) copy (in Microsoft Word, Microsoft Excel, PDF, DWG, etc. formats as agreed with the Customer).
5.6 Final acceptance of design and estimate documentation shall be made after the Contractor submits to the Customer the consolidated positive conclusion of the state expert examination on the developed design and estimate documentation. The date of completion of design and survey works shall be the date of signing by the Parties of the acceptance certificate of a complete set of design and estimate documentation in 5 (five) copies and CD-carriers in 1 (one) copy (in Microsoft Word. Microsoft Excel. PDF, DWG, etc. as agreed with the Customer).
5.7 Acceptance of the completed work shall be performed as the Contractor completes the work stipulated by the Contract and the Contractor submits an acceptance certificate for the completed work.
5.8 The Contractor shall send to the Employer for review and signing an acceptance certificate of the completed works with a written report on the completed works, a certificate, cost of the completed works, copies of documents confirming the Contractor's costs in the performance of works, and, if necessary, original documents to be kept by the Employer.
5.9 The Customer shall review the acceptance certificate of the completed works with attached copies of documents (and if necessary, original documents) within 5 (five) working days and: - if there are no comments to the work performed, scope of work performed, execution of documents and completeness of the documents provided, shall sign the acceptance certificate of the completed works; - if there are any comments, shall return the acceptance certificate of the completed works to the Contractor without signing for elimination of such comments.
6. Procedure for acceptance of intermediate Works and final acceptance of the Works
6.1 Intermediate Acceptance of the Works shall be performed on actually completed intermediate Works:
6.1.1 The Contractor shall submit to the Employer acceptance certificates of the completed Works and a certificate of cost of the completed Works not later than the 20th (twentieth) day of the current month;
6.1.2 The Employer shall review and sign the acceptance certificates of the completed Works and certificates of cost of the completed Works submitted by the Contractor within 10 (ten) working days from the date of their receipt. In case of refusal to sign them, the Employer shall send to the Contractor a written motivated explanation and point out the deficiencies in the interim acts to be eliminated. Until such deficiencies are eliminated, the Customer shall not sign the acceptance certificates;
6.1.3 The Works shall be deemed accepted by the Customer from the date of signing by both Parties of the Contract of certificates of the completed Works and certificates of cost of the completed Works.
6.2 Final acceptance of the Works shall be made after completion of all Works stipulated in the Contract:
The "Samuryk-Kazyna" Kazyna" KUzhat "A" A KUzhat electronny portalymen kүrylga
The document was generated by the e-procurement portal of NWF Sairuk-Kazyna JSC
6.2.1 The Contractor shall, within two (2) calendar days from the date of actual completion of the Works, send to the Employer a notice of completion of the Works;
6.2.2 The Customer shall establish a commission for acceptance of the Works into operation within 5 (five) calendar days from the date of receipt of the following documents: - written notice of completion of the Works; - acceptance certificates of the completed Works and certificates of the cost of the completed Works confirming that the Works have been performed in full in accordance with the Contract conditions; - declaration of conformity; - conclusions on the quality of construction and installation works and conformity of the completed works to the project; - the original of the Executive documentation on construction of the facility;
6.2.3 If there are no comments on the results of the completed works, the Customer accepts the object into operation by signing the acceptance certificate;
6.2.4 The date of completion of the Works shall be the date of signing by the Parties of the Acceptance Certificate of the Facility into operation;
6.2.5 In case of detection of violations of the approved design solutions and state (interstate) standards, as well as in the presence of negative conclusions, the Customer accepts the facility into operation after the Contractor eliminates the violations;
6.2.6. The Customer shall have the right to refuse acceptance of the Work results in case of defects that exclude the possibility of using the Work results and that cannot be corrected by the Contractor, the Customer or a third party. In this case, the monetary amounts previously paid by the Customer under the Contract shall be returned by the Contractor within 10 (ten) working days from the date of receipt of the relevant notice from the Customer;
6.2.7 In cases when it is stipulated by the legislation of the Republic of Kazakhstan or arising from the nature of the Works, prior to signing the acceptance certificate of the object in operation, the Contractor shall conduct preliminary tests of the equipment with the participation of the Customer. In these cases, acceptance of the Works shall be carried out only if the preliminary tests of the installed process equipment and engineering systems are positive;
6.2.8. The Contractor shall deliver to the Employer the Concealed Works, which shall be formalized by a Concealed Works Certificate signed by the technical and author's supervisors and the Contractor. If the Covered Work is completed without the Employer's confirmation, the Contractor shall, at his request, at his own expense open any part of the Hidden Work specified by the Employer and then restore it.
7. Warranties and Quality
7.1 The Contractor guarantees the quality of work performed for the main structural elements of the Facility for 10 (ten) years, and for the other elements of the Facility for 3 (three) years from the date of acceptance of the Facility into operation in accordance with the procedure established by the legislation of the Republic of Kazakhstan. The warranty shall also apply to the case when the owner of the commissioned Facility changes.
7.2 The Contractor warrants:
7.2.1. proper quality of used materials, structures, equipment and systems, their compliance with design specifications, state standards and technical specifications, availability of relevant certificates, technical passports and other documents certifying their quality;
7.2.2. quality of performance of all Works in accordance with the estimate/pre-project/design (design-build) documentation (working drawings, estimates) and applicable norms, rules and technical conditions without defects reducing the quality of Works. The result of the Works that does not meet these requirements, including those containing unreasonable and unauthorized changes to the estimate/pre-project/ design (design-build) documentation, shall be recognized as defective and shall be subject to free of charge correction by the Contractor;
7.2.3. timely elimination of deficiencies and defects revealed during acceptance of the Works and during the warranty period;
7.2.4. uninterrupted functioning of engineering systems and equipment during normal operation of the Facility.
7.3 The Contractor shall be liable for defects in the Works discovered within the warranty period, unless he proves that they have arisen due to normal wear and tear of the Works or its parts, improper operation of the Works or incorrect operation instructions developed by the Employer or third parties engaged by him, improper repair of the Works performed by the Employer or third parties engaged by him.
7.4 In the event of any third party claims against the Employer arising from infringement of patent, copyright or related rights in connection with the Employer's performance of its obligations under this Contract, the Contractor undertakes to assume all claims and to indemnify the Employer for losses incurred by the latter in connection with infringements of such rights, and to take immediate steps to settle and, if necessary, to satisfy such claims.
7.5 In order to ensure quality assurance of the Work performed by the Contractor, the Contractor shall, within ten (10) working days of
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
of the date of signing the Acceptance Certificate of the Facility into operation to provide the Customer with the Warranty Passport drawn up in accordance with Appendix 6 to the Contract and one of the following documents: - an insurance policy (insurance contract) with an insurance amount of 1%1 \% (one percent) of the total amount of the Contract, under which the Customer will be the beneficiary. At the same time, the term of validity of the insurance policy (insurance contract) shall not be less than 3 (three) years. The insurance policy (insurance contract) shall comply with the Employer's requirements; - a guarantee fee of 1%1 \% (one percent) of the total Contract amount, with a warranty period of 3 (three) years, which shall be paid into the Employer's bank account/ withheld from the amounts payable for the work performed (subject to the Contractor's consent).
8. Responsibilities of the Parties
8.1 For non-fulfillment and/or improper fulfillment of obligations under the Contract the Parties shall be liable in accordance with the laws of the Republic of Kazakhstan and the Contract.
8.2 Contractor's Liability:
8.2.1 If the Contractor fails to meet the deadlines for performance of the Works stipulated in the Contract, the Contractor shall pay to the Employer a penalty in the amount of 0,1%0,1 \% of the cost of the late performed/unperformed Works, for each day of breach of the relevant obligation under the Contract, but not more than 10%10 \% of the total amount of the unfulfilled obligation;
8.2.2 If the Contractor fails to fulfill its obligations to purchase the goods necessary for the performance of the Work from the producers of the procured goods and organizations implementing the Project for the establishment of new production facilities for the procured goods, the Contractor shall be liable in the form of a penalty in an amount not less than 20%20 \% of the total value of the procurement contract, which shall be paid by the Contractor or may be withheld by the Employer prior to the signing of the final Certificate of Completed Work by the parties;
8.2.3 If the Contractor fails to remedy any defects identified by the Contractor in accordance with the terms of the Contract, the Contractor shall pay to the Employer as liquidated damages an amount equivalent to 0,1%0,1 \% of the Total Contract Sum for each calendar day of delay, but not exceeding 10%10 \% of the Total Contract Sum;
8.2.4 In case of failure to provide the actual calculation of the share of in-country value in the Works in the form prescribed by the Unified Methodology, the Contractor shall pay to the Employer a penalty in the amount of 0,1%0,1 \% of the Contract sum for each day of delay, but not more than 10%10 \% of the total Contract sum;
8.2.5 In case of the Contractor's refusal to fulfill its obligations under the Contract for reasons beyond the control of the Employer, the Contractor shall be obliged to return to the Employer the amount of the received and undeveloped advance payment in full within the terms specified in the Employer's request, and pay to the Employer a penalty in the amount of 0,1%0,1 \% of the advance (prepayment) for each day of the Contractor's use of money. The Contractor's refusal to perform obligations under the Contract shall be recognized as the Contractor's letter of refusal to perform contractual obligations and/or the Contractor's breach of contractual obligations for a period of more than 5 (five) consecutive working days (indicated in case the Customer pays the advance payment under the Contract);
8.2.6 In case of termination of the Contract through the Contractor's fault, the Contractor shall reimburse the Employer for all losses caused by such termination and shall pay to the Employer a penalty of 10%10 \% (ten percent) of the Total Contract Sum;
8.2.7 The Contractor shall be liable for all risk related to causing damage to the Customer's property, property, life and (or) health of the Parties' employees under the Contract, as well as third parties in the course of the Contract execution;
8.2.8 The Contractor shall independently bear full property, administrative and other responsibility stipulated by the legislation of the Republic of Kazakhstan for violation of safety requirements for the Works and other legal requirements established for construction works, as well as for all losses resulting from such violations;
8.2.9 The Employer has the right to withhold, without acceptance, amounts owed (including damages, penalties, etc.) by the Contractor to the Employer or to an organization fifty percent or more of the voting shares (participatory interests) of which KTZ is directly or indirectly owned or held in trust by KTZ, from the amount of the Employer's accounts payable to the Contractor and/or from the amount of the contract performance security/return of advance payment (prepayment) paid. In this case, if the Customer has no accounts payable to the Contractor, the amounts of losses and penalties shall be paid by the latter within 10 (ten) calendar days from the date of receipt of the relevant notice;
8.2.10. The Contractor shall be liable for damage caused to the Customer as a result of violation of the requirements of environmental legislation committed by the Contractor during the performance of the Works;
8.2.11. The Contractor shall be liable to the Customer for any deviations from the requirements stipulated by the Contract, the project and construction norms and rules binding on the Parties, as well as for failure to achieve the performance of the Facility specified in the design and estimate documentation;
8.2.12. The Contractor shall be liable for reduction or loss of strength, stability, reliability of the building, structure or its
parts (when procuring works on reconstruction (renovation, rebuilding, restoration, etc.) of a building or structure);
8.2.13. All responsibility for safety of the Works shall be borne by the Contractor;
8.2.14. The Contractor agrees to withhold by the Employer the amount of penalties (fines) due to the Employer for non-fulfillment and/or improper fulfillment by the Contractor of its obligations under this Contract from the amounts payable under this Contract;
8.2.15. In case the Supplier fails to submit the Contract performance security within the term stipulated by Clause 4.1.3 of the Contract, the Customer shall unilaterally terminate this Contract and withhold the bid security paid by the potential Supplier;
8.2.16. In case of violation of the Work Schedule and the Schedule for development of design and estimate documentation for non-objective reasons, the Employer is entitled to charge the Contractor a penalty in the amount of 0,01%0,01 \% for each day of delay of the untimely completed scope of work, but not more than 10%10 \% of the amount of the untimely completed scope of work.
8.2.17. All costs, in case of exceeding the limit defined in the Contract Price Schedule as a result of receiving a negative opinion and/or return for revision of design and estimate documentation of RSE "Gosekspertiza" and related payment for repeated work on passing the state expert examination shall be borne by the Contractor, without the right to claim the paid amounts to the Customer.
8.2.18. If the Contractor violates its obligations under the Contract, the Employer shall be entitled to deduct from the amount of the paid performance security the amount of penalties (fines, penalties) accrued to the Contractor for breach of its obligations under the Contract, and the losses incurred in connection therewith.
8.3 Responsibility of the Customer:
8.3.1 In case of delayed payments (including advance payments) under the Contract, the Employer shall pay to the Contractor a penalty in the amount of 0,1%0,1 \% of the outstanding amount, for each calendar day of delay, but not more than 10%10 \% of the total amount of the unfulfilled obligation;
8.3.2 In case of unreasonable delay in returning the advance payment security submitted to the Contractor, the Employer shall pay to the Contractor a penalty of 0,1%0,1 \% of the amount of the unreturned advance payment, for each calendar day of delay, but not more than 10%10 \% of the amount of the advance payment;
8.3.3 In case of delay in returning the Contract performance security submitted by the Contractor, the Employer shall pay to the Contractor a penalty in the amount of 0,1%0,1 \% of the amount of the Contract performance security paid, for each calendar day of delay, but not more than 10%10 \% of the amount of the Contract performance security;
8.3.4 In case of unreasonable delay by the Employer in signing the Certificate of Completed Works, the Contractor shall be entitled to demand from the Employer the payment of a fine in the amount of 0,1%0,1 \% of the amount of the Certificate of Completed Works, for each calendar day, but not more than 10%10 \% of the total amount of the Certificate of Completed Works.
8.3.5 In case of delay in providing documents by the Employer (if the terms of the Contract require the Employer to provide documents to the Contractor to perform the Work), due to which the Contractor could not fulfill its obligations under the Contract, the Contractor shall have the right to claim from the Employer compensation for losses caused by the delay in the manner prescribed by the legislation of the Republic of Kazakhstan.
8.4 In case the Contractor violates its obligations under the Contract, the Employer shall send information to the authorized body on procurement issues in accordance with the established procedure for entering information about the Contractor into the List of unreliable potential suppliers (vendors) of the Fund.
8.5 In the event of the Contractor's breach of its obligations under the Contract, the Employer shall be entitled to deduct from the amount of the paid security for the performance of the Contract the amount of the penalty accrued to the Contractor for the Contractor's breach of its obligations under the Contract and the losses incurred in connection therewith.
8.6 In case of termination of the Contract when the actual performance of the Works is less than the amount of the advance payment paid by the Customer, the Customer shall be entitled to deduct the difference from the amount of the advance payment security.
8.7 Payment of a forfeit (fine, penalty) shall not release the Parties from fulfillment of their obligations under this Agreement.
9. Change of the timeframes for the Work under the Contract
9.1 The time for performance of the Work shall be extended if:
9.1.1 The Employer shall not permit in writing the use of all areas of the Site which delays the execution of the Works, unless such prohibition is due to the Contractor's breach of his obligations under the Contract;
9.1.2 The Employer shall order the suspension of the Work for circumstances not attributable to the Contractor;
9.1.3 In case the Customer introduces changes to the Design Assignment requiring additional terms for adjustment of design and estimate documentation and affecting the scope and terms of the Works to be performed;
9.1.4 The Contractor is not provided with the initial permit data in a timely manner;
9.1.5 The Contractor is not timely provided with the documentation required for the performance of the Works;
9.1.6 Other circumstances resulting in an increase in the time for the performance of the Work through no fault of the Contractor.
9.2 In case of occurrence of the circumstances specified in Clause 9.1 of the Contract, the period of performance of the Works shall be extended for the duration of such circumstances.
9.3 A change in the time limit for performance of the Works shall be made in writing.
10. Procedure for amendment and termination of the Contract
10.1 Amendments and additions to this Contract shall be made in accordance with the legislation of the Republic of Kazakhstan and the Procedure.
10.2 It is not allowed to make changes to the project or the concluded Procurement Contract, which may change the content of the terms and conditions of the procurement(s) conducted and/or the proposal, which was the basis for the selection of the Contractor, on other grounds not provided for by the relevant paragraph(s) of the Procedure.
10.3 The Customer shall be entitled to unilaterally withdraw from the Contract in the following cases:
10.3.1 Based on paragraph 2 of Article 404 of the Civil Code of the Republic of Kazakhstan;
10.3.2. specified in paragraph 1 of Article 31 of the Procedure;
10.3.3 If the Contractor violates its obligations;
10.3.4 In other cases determined by the Procedure;
10.3.5 The Contractor's breach of the warranties and representations provided for in the Supplier Code during the Contract period, without incurring penalties (fines, penalties);
10.3.6 In view of reasonable impracticability in the Works, namely:
10.3.6.1 In the event of a reduction in the Employer's expenses due to a state of emergency or other negative economic phenomena;
10.3.6.2 In case of absence of industrial necessity on the basis of the decision of the collegial executive body/supervisory board (in case of absence of collegial executive body/supervisory board of the governing body/high body (general meeting of participants) of the Employer. Cancellation of the Contract due to reasonable inexpediency in the Works is allowed on condition that the Employer pays the Contractor the actual costs incurred by the Contractor;
10.3.6.3 If one of the Parties to the Agreement violates the anti-corruption obligations stipulated by the terms and conditions of the Agreement.
10.4 The Contractor shall be entitled to unilaterally withdraw from the Contract if the Employer violates the payment deadline stipulated in the Contract for more than 2 (two) consecutive months.
10.5 In cases stipulated in Clauses 10.3, 10.4 of the Contract, the Party initiating its termination shall send a written notice of termination of the Contract to the other Party at the address specified in Section 19 of the Contract. In this case, this Contract shall be deemed terminated as of the date specified in the notice, including if this notice is not received through the Contractor's fault due to a change of legal address. In this case the Employer shall pay the Contractor for the Work actually performed and accepted by the Employer as of the date of termination. Notice of termination of the Contract shall be sent by registered mail with a notice of mailing or delivered personally to an authorized representative of the other Party.
10.6 The termination and (or) refusal from the concluded contract by the Customer unilaterally in case of detection of violations in procurement by the Authorized Body on procurement issues represented by the structural subdivision of the Fund is not allowed. In this case the Contract may be terminated by mutual consent of the Parties in accordance with the requirements of the legislation of the Republic of Kazakhstan and upon payment to the Supplier of actually incurred expenses as of the date of termination of the Contract.
10.7 If the contract is terminated due to the Employer's fault, the Contractor shall be entitled to claim financial compensation from the Employer
Samruk-Kazyna" Kazyna" Kazyna" AҚ" АҚ" АҚ" Electron portalymen kүrylғan Document formed by the e-procurement portal of Samruk-Kazyna JSC
losses and costs incurred as a result of improper fulfillment of the terms and conditions of the Contract, as well as the amount of penalties and fines.
11. Correspondence
11.1 If the terms of the Contract require any correspondence, notices, instructions, consents, approvals, certificates or decisions of anyone and, unless otherwise agreed, such correspondence shall be in writing without unreasonable refusal or delay.
11.2 All documents on correspondence under or in connection with this Agreement shall have the Parties' requisites with the Agreement number.
11.3 Any correspondence, notices, reports, requests, demands, approvals, consents, instructions, orders, certificates or other communications required by the terms of this Contract to be in writing shall be provided in advance and delivered by hand or registered mail with postal notice, facsimile or e-mail followed by the original within five (5) business days from the date of receipt of the facsimile/electronic version.
11.4 Any communication sent by courier, telex, telegram or facsimile shall (in the absence of evidence of earlier receipt) be deemed to have been delivered at the time of transmission itself.
11.5 A notice sent by registered (air) mail shall be deemed delivered provided that there is a stamp of the post office or courier service confirming the mail delivery.
12. Term of validity of the Contract
12.1 This Agreement shall come into effect from the date of its signing by the authorized representatives of the Parties and shall remain in force until full and proper performance by the Parties of their obligations, and in terms of mutual settlements, until their full completion.
13. Force Majeure Circumstances (Force Majeure)
13.1 The Parties shall be released from liability for full or partial failure to fulfill their obligations under this Agreement, if it was a result of force majeure. For the purposes of this Section, "force majeure event" means an event beyond the control of the Parties and of an unforeseeable nature. Such events may include, but are not limited to, acts of war, natural or act of God, epidemic, quarantine, embargo, and others.
13.2 Upon occurrence of a force majeure event, the Party for which it is impossible to fulfill its obligations shall notify the other Party of the expected duration of force majeure in writing (notice) within 5 (five) calendar days from the date of occurrence of such circumstances and their causes, as well as provide documents confirming the fact of occurrence of such circumstances issued by the competent authority.
13.3 In case of force majeure circumstances, the term for fulfillment of obligations under the Contract shall be postponed proportionally to the time during which such circumstances and their consequences are in effect.
13.4 The Party referring to such circumstances shall be obliged to inform the other Party in writing within 5 (five) calendar days from the date of occurrence of such circumstances and present a certifying document issued by the competent authority.
13.5 In case of non-compliance with the above conditions, the Parties have agreed that no circumstances shall be considered as force majeure circumstances and the Parties' obligations under the Contract shall not be withdrawn or limited in any way.
13.6 After the termination of force majeure circumstances, the Party affected by the force majeure circumstances shall be obliged within 5 (five) calendar days to notify in writing about the termination of such circumstances, specifying the date by which the fulfillment of obligations under the Contract is expected.
13.7 The Employer shall not be liable for any loss or any damage to the results of the Works carried out by the Contractor until they are fully completed and handed over to the Employer.
14. Dispute resolution procedure
14.1 All disputes and disagreements that may arise between the Parties from this Agreement shall be settled by negotiations.
14.2 If as a result of such negotiations the Parties are unable to resolve the dispute under the Contract, any of the Parties may demand resolution of this issue in court in accordance with the current legislation of the Republic of Kazakhstan: at the amount of claims 30000 monthly calculation indices and more in the courts of Astana; at the amount of claims less than 30000 monthly calculation indices or on claims of non-property nature in the courts at the location of the Customer. All issues not settled by this Agreement shall be regulated by the legislation of the Republic of Kazakhstan.
14.3 This Contract shall be governed by the norms of the legislation of the Republic of Kazakhstan.
15. Countering corruption
15.1 In performing their obligations under this Agreement, the Parties and their employees shall not pay, offer to pay or authorize the payment of any money or valuables, directly or indirectly, to any persons to influence the actions or decisions of such persons in order to obtain any improper advantages or other improper purposes.
15.2 When performing their obligations under this Agreement, the Parties and their employees shall not perform actions qualified by the applicable legislation for the purposes of this Agreement as giving/receiving a bribe, commercial bribery, as well as actions that violate the requirements of the applicable legislation and international acts on combating legalization (laundering) of proceeds of crime.
15.3 Each of the Parties to this Agreement shall refuse to stimulate in any way the employees of the other Party, including by providing monetary amounts, gifts, gratuitous performance of works (services) to them and by other means that make the employee dependent and aimed at ensuring that the employee performs any actions in favor of the stimulating Party.
15.4 If a Party suspects that a breach of any anti-corruption terms has occurred or may occur, the relevant Party undertakes to notify the other Party in writing.
15.5 In the written notice, the Party shall refer to the facts or provide materials that reliably confirm or give grounds to assume that a violation of any provisions of these terms and conditions by the counterparty, its employees, expressed in actions qualified by applicable law as giving or receiving a bribe, commercial bribery, as well as actions that violate the requirements of applicable law and international acts on combating money laundering, has occurred or may occur
15.6 The Parties to this Agreement shall recognize the implementation of corruption prevention procedures and control compliance with them. At the same time, the Parties shall make reasonable efforts to minimize the risk of business relations with counterparties that may be involved in corrupt activities, and shall provide mutual assistance to each other in order to prevent corruption. The Parties undertake to ensure the implementation of procedures for conducting inspections in order to prevent the risks of involvement of the Parties in corrupt activities.
15.7 The Customer shall inform the Contractor of the principles and requirements of the Anti-corruption Policy of JSC NC KTZh (hereinafter referred to as the Policy). By concluding the Contract, the other Party confirms familiarization with the Customer's Policy. When performing their obligations under the Contract, the Parties undertake to observe and ensure compliance by their employees with the requirements of the anticorruption legislation of the Republic of Kazakhstan, as well as not to commit corruption offenses provided for by international acts and legislative acts of foreign countries on combating corruption applicable for the purposes of the Contract.
15.8 For the purposes of this Agreement, corruption offenses shall include intentional acts of giving or receiving a bribe, commercial bribery or other illegal use by an employee of the Parties of his/her official position contrary to the legitimate interests of the Parties in order to obtain a benefit in the form of money, valuables, gifts and other property or services of a proprietary, physical or moral nature, obtaining other property rights for oneself or for third parties, or illegal provision of such benefit to the said person by other natural persons.
15.9 If a Party has a reasonable assumption that a Corruption Offense has occurred or may occur (upon receipt of information about initiation of criminal proceedings against an employee(s) of the other Party in connection with the commission of a corruption offense or other reliable information about a Corruption Offense), such Party shall notify the other Party thereof in writing with indication of the relevant facts (hereinafter referred to as the Notice) and shall be entitled not to perform its obligations under the Contract until receipt of the confirmation The said confirmation shall be provided by the other Party within 10 (ten) calendar days from the date of receipt of the Notice.
15.10. The Customer, upon receipt of reliable information on the commission of a Corruption Offense and subject to the provisions of this Article, shall have the right to unilaterally withdraw from the Contract in whole or in part by giving a corresponding written notice to the other Party, as well as to demand from the other Party reimbursement of losses caused by the termination of the Contract.
15.11. If the other Party to the Agreement suspects that a breach of any provisions of the Agreement has occurred or may occur, the other Party to the Agreement shall immediately notify the Company by any convenient method, including by means of a hotline, the contact information for which is available on the Customer's corporate website.
15.12. The Parties undertake to ensure the implementation of procedures for compliance checks in order to prevent risks of involvement of the Parties in corrupt activities.
16. Confidentiality
The "Samuryk-Kazyna" Kazyna" KUzhat "A" AҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
16.1. By signing this Agreement the Parties express their consent that the contents of this Agreement, as well as information on payment are not confidential and are available for third parties in the System and/or in other information systems of authorized bodies and organizations of the Republic of Kazakhstan. Other documentation and information transferred and/or used by the Parties under this Contract shall be confidential and the Parties shall not be entitled, without prior written consent of the other Party, to transfer this information to third parties, except for cases provided for by the current legislation of the Republic of Kazakhstan and the Procedure. The second paragraph of this clause shall not apply to cases of judicial consideration of issues related to the subject matter of the Contract in the interests of their practical resolution or in cases in which such disclosure is prescribed by the legislation of the Republic of Kazakhstan or is carried out at the request of authorized state bodies.
16.2 The Contractor agrees that the Customer shall also have the right to disclose to Samruk-Kazyna JSC information under the Contract, including, but not limited to, information on details and details of payment, by sending statements by counterparty banks servicing the Customer through a secure data transmission channel to the information-analytical system of Samruk-Kazyna JSC using the required communication channel protocols.
16.3 Each of the Parties undertakes not to disclose (make available to any third parties, except for the cases when third parties have relevant powers by virtue of direct indication of a regulatory legal act, or when the other Party agrees in writing to provide confidential information defined in accordance with clause 16.1 of the Agreement, as well as the case provided for by clause 16.4 of the Agreement) confidential information of the other Party, to which it has gained access upon conclusion of the Agreement and in the course of fulfillment of obligations, in This obligation shall be fulfilled by the Parties within the term of validity of this Contract and within 5 (five) years after termination of the Contract, unless otherwise agreed.
16.4 Each of the Parties undertakes to appoint a person responsible for receiving/sending, processing confidential information of the other Party and within two working days from the date of conclusion of the Agreement to send the e-mail address of such person to the other Party. The Parties, responsible persons of the Parties undertake to take measures to protect confidential information of the other Party and their own confidential information sent to the other Party by means of password protection of information files on electronic media, keeping special record keeping in respect of documents on paper media.
16.5 Each of the Parties undertakes to reimburse to the other Party in full all losses caused to the latter by disclosure of its confidential information in violation of clauses 16.1,16.3,16.416.1,16.3,16.4 of the Agreement.
Kүzhat "Samuryk-Kazyna" KҚ" АҚ" АҚ" Electron portalymen kүrylғan
The document was generated by the e-procurement portal of Samruk-Kazyna JSC
17.2 If any warranty of the Contractor proves to be false, untrue and/or inaccurate, the Contractor shall compensate the other Party for direct and/or indirect losses incurred as a result of or in connection with the untrue or inaccurate nature of such warranty of the Contractor not later than ten (10) working days from the date of receipt of the other Party's claim. At the same time, the Customer shall be entitled to terminate this Contract unilaterally.
17.3 In the event that any new Sanctions Act is enacted or any existing Sanctions Act is amended after the Contract Date, or the scope of an existing Sanctions Act is expanded or otherwise changed by virtue of an official clarification or decision of a competent governmental authority of the relevant jurisdiction ("New Sanctions"), and such New Sanctions: (a) in the reasonable and justified judgment of the Party, may make it impossible or materially impede the other Party's performance of its obligations
17.4 No later than three (3) business days from the date of submission of the Notice of Sanctions, the Parties will meet(s)/negotiate in good faith to discuss and agree their positions on the potential effect of the New Sanctions on the Parties' performance of their obligations under this Agreement, as well as on possible lawful and reasonable measures to prevent or possibly mitigate such negative impact of the New Sanctions, including amending this Agreement, obtaining permits/licenses from the competent governmental authority of the relevant governmental body, as well as on possible legal and reasonable measures to prevent or possibly mitigate such negative impact of the New Sanctions, including amending this Agreement, obtaining permits/licenses from the competent governmental authority of the relevant governmental body of the relevant governmental body, as well as on possible legal and reasonable measures to prevent or mitigate such negative impact of the New Sanctions.
17.5 If the Parties reach a mutually acceptable solution based on the results of Good Faith Negotiations, the Parties shall make reasonable efforts to implement their agreed measures within 3 (three) business days, or within another period agreed upon by them, measures may be implemented to prevent the violation of the New Sanctions or their application to the Parties' performance of this Agreement.
17.6 If the Parties fail to reach agreement after three (3) business days following the first day of Good Faith Negotiations, either Party shall have the right at any time to send a notice of non-agreement ("Notice of Non-Agreement") to the Party to which the New Sanctions resulting in the Consequences of the New Sanctions apply or in respect of which New Sanctions have arisen (the "Prohibited Party"). If such a Notice of Non-Consent is given, the Party shall be entitled to unilaterally terminate the Contract and claim compensation for direct and/or indirect losses incurred.
18. Other conditions
18.1 The Contract is drawn up in 2 (two) copies having equal legal force, one copy for each of the Parties. All correspondence related to the Contract and other documentation exchanged between the Parties shall comply with these terms and conditions.
18.2 All annexes, amendments and additions to this Agreement shall be its integral parts provided they are made in writing and signed by the authorized persons of the Parties.
18.3 The Contract is made and regulated in accordance with the legislation of the Republic of Kazakhstan.
18.4 The invalidity of any clause of the Contract shall not entail the invalidity of the Contract as a whole.
19. Locations and bank details of the Parties
Joint Stock Company National Company Kazakhstan Temir Zholy
Astana, Dinmuhammed Konayev, 6
BIN 020540003431 BIK HSBKKKZKX IIC KZ3760101011111000018002
JSC Halyk Bank of Kazakhstan Tel: +7 (717) 260-5388
List of purchased goods, works and services
No. of line III
Name and brief description
Additional characteristic
Total number
Year
Quotient
Unit.
VAT RK attribute
Amount
Place of delivery
Terms of delivery
Delivery period
Terms of payment
18-1 P
Comprehensive works on turnkey construction, Comprehensive works on construction, including design and survey works, turnkey construction, management of design and survey works, turnkey construction (if necessary), and supply of goods, provision of services accompanying the above works
"Construction of Moyinta Kyzylzhar railroad line, Karaganda and Ulytau regions"
KAZAKHSTAN, Po
all RK territory, 350000000
Karaganda Oblast, 620000000 Ulytau Oblast
КАЗАХСТАН, По
всей территории РК, 350000000
Карагандинская область, 620000000 Улытауская область| КАЗАХСТАН, По |
| :--- |
| всей территории РК, 350000000 |
| Карагандинская область, 620000000 Улытауская область |
From the date of signing the contract until (inclusive) 12.2026
№ строки III Наименование и краткая характеристика Дополнительная характеристика Общее к-во Год К-во Ед. изм. Признак НДС РК Сумма Место поставки Условия поставки Срок поставки Условия оплаты
18-1 P Комплексные работы по строительству «под ключ», Комплексные работы по строительству, включающие выполнение проектных и изыскательских работ, строительство «под ключ», управление проектными и изыскательскими работами, строительством «под ключ» (при необходимости), и сопутствующая(ие) указанным работам поставка товаров, оказание услуг «Строительство железнодорожной линии Мойынты Кызылжар, Карагандинской и Улытауской областей» 1.000 "643132
954
360.22" "КАЗАХСТАН, По
всей территории РК, 350000000
Карагандинская область, 620000000 Улытауская область" С даты подписания договора по (включительно) 12.2026 Предоплата - 30%, Промежуточный платеж - 68%, Окончательный платеж - 2%| № строки III | Наименование и краткая характеристика | Дополнительная характеристика | Общее к-во | Год | К-во | Ед. изм. | Признак НДС РК | Сумма | Место поставки | Условия поставки | Срок поставки | Условия оплаты |
| :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: |
| 18-1 P | Комплексные работы по строительству «под ключ», Комплексные работы по строительству, включающие выполнение проектных и изыскательских работ, строительство «под ключ», управление проектными и изыскательскими работами, строительством «под ключ» (при необходимости), и сопутствующая(ие) указанным работам поставка товаров, оказание услуг | «Строительство железнодорожной линии Мойынты Кызылжар, Карагандинской и Улытауской областей» | $1.000$ | | | | | $\begin{aligned} & 643132 \\ & 954 \\ & 360.22 \end{aligned}$ | КАЗАХСТАН, По <br> всей территории РК, 350000000 <br> Карагандинская область, 620000000 Улытауская область | | С даты подписания договора по (включительно) 12.2026 | Предоплата - 30%, Промежуточный платеж - $68 \%$, Окончательный платеж - 2% |
Technical specification
In accordance with the technical specification posted as part of the tender documentation.
Forecast/Factual calculation of the share of in-country value in a service/performance contract
|[" Наименование и "],[" краткое "],[" описание "],[" приобретенных "],[" товаров "]|\left|\begin{array}{c}\text { Наименование и } \\ \text { краткое } \\ \text { описание } \\ \text { приобретенных } \\ \text { товаров }\end{array}\right|
Measurement unit code B according to ICES
Purchase volume
CT-KZ Certificate
Country of origin code
Intra-country value in goods, in tenge
Intra-country value in the contract, %
in the unit of measurement under Art. 5
monetarily
№
Series
Code
organ
issues
Код
органа
выдачи| Код |
| :---: |
| органа |
| выдачи |
|[" Год "],[" выдачи "]:}\left\lvert\, \begin{gathered} \text { Год } \\ \text { выдачи } \end{gathered}\right.
Total value of goods procured/purchased by the Contractor or subcontractor under the contract
Total value of subcontracts concluded/concluded
in the framework of contract execution
Суммарная стоимость договоров субподряда, заключаемых/заключенных
в рамках исполнения договора| Суммарная стоимость договоров субподряда, заключаемых/заключенных |
| :--- |
| в рамках исполнения договора |
Share of the labor remuneration fund of Kazakhstani personnel in the total labor remuneration fund of the employees of the supplier or subcontractor executing/performing the contract
Fraction of in-country
value in the contract, (in monetary terms)
Доля внутристрановой
ценность в договоре, (в денежном выражении)| Доля внутристрановой |
| :--- |
| ценность в договоре, (в денежном выражении) |
1
2
3
4
5(from Table 1)
6
7
8(=(4-5-6)*7)
0,00
0,00
" №
Pi//pi" Исполнитель/ Субподрядчик Номер договора Стоимость договора Суммарная стоимость товаров, закупаемых/закупленных Исполнителем или субподрядчиком в рамках договора "Суммарная стоимость договоров субподряда, заключаемых/заключенных
в рамках исполнения договора" Доля фонда оплаты труда казахстанских кадров в общем фонде оплаты труда работников поставщика или субподрядчика, выполняющего/выполнившего договор "Доля внутристрановой
ценность в договоре, (в денежном выражении)"
1 2 3 4 5(из табл.1) 6 7 8(=(4-5-6)*7)
0,00
0,00| $\begin{gathered} \text { № } \\ \boldsymbol{\Pi} / \boldsymbol{\pi} \end{gathered}$ | Исполнитель/ Субподрядчик | Номер договора | Стоимость договора | Суммарная стоимость товаров, закупаемых/закупленных Исполнителем или субподрядчиком в рамках договора | Суммарная стоимость договоров субподряда, заключаемых/заключенных <br> в рамках исполнения договора | Доля фонда оплаты труда казахстанских кадров в общем фонде оплаты труда работников поставщика или субподрядчика, выполняющего/выполнившего договор | Доля внутристрановой <br> ценность в договоре, (в денежном выражении) |
| :---: | :---: | :---: | :---: | :---: | :---: | :---: | :---: |
| 1 | 2 | 3 | 4 | 5(из табл.1) | 6 | 7 | 8(=(4-5-6)*7) |
| | | | | | | | 0,00 |
| | | | | | | | 0,00 |
Final calculation of in-country value in the contract
dated 04/20-2018.