Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer
Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer
(i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC.
(ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer.
(iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor.
(iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties.
18.2 Duties and authority of the Authority’s Engineer
(i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining:
(a) any Time Extension;
(b) any additional cost to be paid by the Authority to the Contractor;
(c) the Termina...
Authority’s Engineer. 18.1 Appointment of the Authority’sEngineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/PMC.
Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer 18.7 18.6 18.5 18.4 18.3
Authority’s Engineer. 66 PART IV 69 FINANCIAL COVENANTS 69 PAYMENTS 70
Authority’s Engineer. 66
16.2 Duties and functions of the Authority’s Engineer 66
16.3 Authorised signatories 67 16.4 Instructions of the Authority’s Engineer 67 16.5 Determination by the Authority’s Engineer 67 16.6 Remuneration of the Authority’s Engineer 67 16.7 Replacement of the Authority’s Engineer 68 16.8 Interim arrangement 68 17.1 Contract Price 70 17.3 Procedure for estimating the payment for the Works 71 17.4 Stage Payment Statement for Works 72 17.5 Stage Payment for Works 72 17.6 Payment of Damages 73 17.7 Time of payment and interest 73 17.8 Price adjustment for the Works 74 17.9 Restrictions on price adjustment 80 17.11 Discharge 81 17.12 Final Payment Certificate 81 17.13 Change in law 82 17.14 Correction of Interim Payment Certificates 82 17.15 Authority’s claims 82 17.16 Bonus for early completion 82 18 Insurance 83 18.1 Insurance for Works 83 18.2 Notices to the Authority 84 18.3 Evidence of Insurance Cover 84 18.4 Remedy for failure to insure 84 18.5 Waiver of subrogation 84 18.6 Contractor’s waiver 84 18.7 Cross liabilities 85 18.8 Accident or injury to workmen 85 18.9 Insurance against accident to workmen 85 18.10 Application of insurance proceeds 85 18.11 Compliance with policy conditions 85 19 Force Majeure 87 19.1 Force Majeure 87 19.2 Non-Political Event 87 19.3 Indirect Political Event 87 19.4 Political Event 88 19.5 Duty to report Force Majeure Event 89 19.6 Effect of Force Majeure Event on the Agreement 89 19.7 Termination Notice for Force Majeure Event 90 19.8 Termination Payment for Force Majeure Event 90 19.9 Dispute resolution 91 19.10 Excuse from performance of obligations 91 20 Suspension of Contractor’s Rights 92 20.1 Suspension upon Contractor Default 92 20.2 Authority to act on behalf of Contractor 92 20.3 Revocation of Suspension 92 20.4 Termination 92 21 Termination 94 21.1 Termination for Contractor Default 94 21.2 Termination for Authority Default 96 21.3 Right of Authority to Determine the Contract 96 21.4 Requirements after Termination 97 21.5 Valuation of Unpaid Works 97
Authority’s Engineer. The Authority, in its discretion, reserves the right to retain its own engineer to coordinate with the Design Engineer on all questions which arise, either through requested variances or based on BWA observation, as to the quality and acceptability of materials furnished, work performed, and the interpretation of the plans and specifications and may reject any work not performed in accordance with BWA’s Standard Construction Criteria.
Authority’s Engineer. (Km 47.075 to Km 77.055) on EPC Mode through ADB Loan assistance 18.1 18.2 18.3 18.4 18.5 18.6
Authority’s Engineer. (i) The Project Manager/Dy. Project Manger of the concerned BCU, UPSBC shall act as the “Authority’s Engineer”.
