Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis. 5.2 The Independent Engineer shall review the quarterly progress report furnished by the Developer and send its comments thereon to the MOR and the Developer within 7 (seven) days of receipt of such report. 5.3 The Independent Engineer shall inspect the Construction Works once every quarter, preferably after receipt of the quarterly progress report from the Developer, but before the [7th (seventh) day] of next quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail System. The Independent Engineer shall send a copy of its Inspection Report to MOR and the Developer within 7 (seven) days of the inspection. 5.4 The Independent Engineer may inspect the Rail System more than once in a quarter if any lapses, defects or deficiencies require such inspections. 5.5 In the event that the Developer fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System is not feasible within the time specified in the Agreement, it shall require the Developer to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Completion Date shall be achieved. Upon receipt of a report from the Developer, the Independent Engineer shall review the same and send its comments to MOR and the Developer forthwith. 5.6 The Independent Engineer shall carry out, or cause to be carried out, all the Tests and upon completion of Construction Works, and shall issue the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessor. For carrying out its functions under this Paragraph 5.6 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 10.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
Construction Period. 5.1 3.1 In respect of the Drawings and Drawings, Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 2 shall apply, mutatis mutandis.
5.2 3.2 The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Concessioning Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 3.3 The Independent Engineer shall inspect the Construction Works and the Project once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Independent Engineer shall send a copy of its Inspection Report to MOR the Concessioning Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 3.4 The Independent Engineer may inspect the Rail System Project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 3.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
3.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 20% (twenty per cent) of the quantity or number of tests prescribed for each category or type of tests in Quality Control manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests.
3.7 The timing of tests referred to in Paragraph 3.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
3.8 In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
3.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify indentify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire forthwith, the Independent Engineer shall review the same and send its comments to MOR the Concessioning Authority and the Developer Concessionaire forthwith.
5.6 3.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
3.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority.
3.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same.
3.13 The Independent Engineer shall carry out, out or cause to be carried out, out all the Tests specified in Schedule-I and upon completion of Construction Worksissue a Completion Certificate or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 3.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 1014 and Schedule-I.
3.14 Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire.
3.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Construction Period. 5.1 In respect of the Drawings Drawings, Documents and Documents Safety Report received by the Independent Engineer Third Party Inspector for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer Third Party Inspector shall review the quarterly progress report furnished by the Developer after completion each milestone and send its comments thereon to the MOR JTDCL and the Developer within 7 3 (seventhree) days of receipt of such report.
5.3 The Independent Engineer Third Party Inspector shall inspect the Construction Works and the Project Facilities once every quarter15 (fifteen) days, preferably after receipt of the quarterly progress report from the Developer, but before the [7th (seventh) day] of next quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer Third Party Inspector shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Independent Engineer Third Party Inspector shall send a copy of its Inspection Report to MOR the JTDCL and the Developer within 7 3 (seventhree) days of the inspection.
5.4 The Independent Engineer Third Party Inspector may inspect the Rail System Project more than once in a quarter 15 (fifteen) if any lapses, defects or deficiencies require such inspections.
5.5 In the event that the Developer fails to achieve any of the Project Milestones, the Independent Engineer Third Party Inspector shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer Third Party Inspector shall determine that completion of the Rail System Project Facilities is not feasible within the time specified in the Agreement, it shall require the Developer to indicate within 15 7 (fifteen) days seven)days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the Developer, the Independent Engineer Third Party Inspector shall review the same and send its comments to MOR the JTDCL and the Developer forthwith.
5.6 If at any time during the Construction Period, the Third Party Inspector determines that the Developer has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the JTDCL forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.7 In the event that the Developer carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Third Party Inspector to inspect such works, and within 3 (three) days of receiving such notice, the Third Party Inspector shall inspect the suspended works and make a report to the JTDCL forthwith, recommending whether or not such suspension may be revoked by the JTDCL.
5.8 If suspension of Construction Works is for reasons not attributable to the Developer, the Third Party Inspector shall determine the extension of dates set forth in the Project Completion Schedule, to which the Developer is reasonably entitled, and shall notify the JTDCL and the Developer of the same.
5.9 The Independent Engineer Third Party Inspector shall carry out, or cause to be carried out, all the Tests and upon completion issue a Completion Certificate or Provisional Certificate.
5.10 Upon reference from the JTDCL, the Third Party Inspector shall make afair and reasonable assessment of Construction Worksthe costs of providing information, works and shall issue services and certify the Completion Certificate. The Independent Engineer shall submit copies reasonableness of all Test data including detailed Test results such costs for payment by the JTDCL to the MOR, Chief Engineer/Independent Surveyor Assessor. For carrying out its functions under this Paragraph 5.6 Developer.
5.11 The Third Party Inspector shall aid and all matters incidental thereto, advise the Independent Engineer shall act under and Developer in accordance with preparing the provisions of Article 10Maintenance Manual.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall conduct a safety audit and submit a Safety Report to the Authority during the Construction Period in accordance with Schedule - M.
5.3 The Independent Engineer shall review the quarterly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 5.4 The Independent Engineer shall inspect the Construction Works once every quarterquarterly, preferably after receipt of the quarterly progress report from the DeveloperConcessionaire, but before prior to the [7th (seventh) day] 20th day from close of next each quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemHealthcare Network. The Independent Engineer shall send a copy of its Inspection Report to MOR the Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 5.5 The Independent Engineer may inspect the Rail System Healthcare Network more than once in a quarter if any lapses, defects or deficiencies require such inspections.
5.5 5.6 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
5.7 The timing of tests referred to in Paragraph 5.6, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Good Industry Practice. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
5.8 In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Healthcare Network is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the Authority and the Developer Concessionaire forthwith.
5.6 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers, in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers, it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Authority and the Concessionaire of the same.
5.13 The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule - J and upon completion of Construction Worksissue a Completion Certificate for Hospital and Health Centres or Provisional Certificate, and shall issue as the Completion Certificatecase may be. The Independent Engineer shall submit copies also certify the Project Milestones specified in Schedule I for disbursement of all Test data including detailed Test results to the MORGrant, Chief Engineer/Independent Surveyor Assessor. in accordance with Schedule-J. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 1014 and Schedule - J.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.
Appears in 1 contract
Samples: Concession Agreement
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the quarterly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works once every quarter, preferably after receipt of the quarterly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next last month of quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemHospital. The Independent Engineer shall send a copy of its Inspection Report to MOR the Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System Hospital more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or type of tests; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Good Industry Practice. The tests shall be undertaken on a random sample basis.
5.8 In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Hospital is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the Authority and the Developer Concessionaire forthwith.
5.6 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers, in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers, , it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Authority and the Concessionaire of the same.
5.13 The Independent Engineer shall carry out, or cause to be carried out, all the Tests required and upon completion of Construction Worksissue a Completion Certificate for Hospital Building or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 10Clause 14 and Schedule-I.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Clause 16 and certify the reasonableness of such costs for payment by the Authority to the Concessionaire.
Appears in 1 contract
Samples: Concession Agreement
Construction Period. 5.1 In respect The Independent Engineer shall undertake a review of the Drawings and Documents received to be furnished by the Concessionaire for construction of the Power Plant and send its comments/observations to NMMC within 15 (fifteen) days of receipt of such Documents. In particular, such comments shall specify the conformity or otherwise of such Documents with the Scope of the Project and Specifications and Standards. The Independent Engineer for shall review any modified Documents sent to it by the NMMC in pursuance thereof and furnish its review and comments during the Construction Period, the provisions within 7 (seven) days of Paragraph 4 shall apply, mutatis mutandis.
5.2 receiving such Documents. • The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR and the Developer NMMC within 7 (seven) days of receipt of such report.
5.3 . • The Independent Engineer shall inspect the Construction Works and equipment once every quarter, preferably after receipt of the quarterly progress report from the Developer, but before the [7th (seventh) day] of next quarter in any casemonth, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, adopted and conformity of Construction Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemPower Plant or in the equipment. The Independent Engineer shall send a copy of its Inspection Report to MOR and the Developer NMMC within 7 (seven) days of the inspection.
5.4 . • The Independent Engineer may inspect the Rail System Power Plant more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 . • The Independent Engineer shall witness all the standard tests prior to recommendation of Completion Certificate or Provisional Certificate, as the case may be. For carrying out its functions under this Article 19.9.3.3 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of this Agreement. • In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards as per the Power Procurement Agreement. • In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it shall require the Developer concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Completion Date COD shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR NMMC and the Developer Concessionaire forthwith.
5.6 The Independent Engineer shall carry out, or cause to be carried out, all the Tests and upon completion . • If suspension of Construction Works, and shall issue the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results Works is for reasons not attributable to the MOR, Chief Engineer/Independent Surveyor Assessor. For carrying out its functions under this Paragraph 5.6 and all matters incidental theretoConcessionaire, the Independent Engineer shall act under determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and in accordance with shall notify NMMC and Concessionaire of the provisions of Article 10same.
Appears in 1 contract
Samples: Power Procurement Agreement
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during During the Construction Period, ; the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Authority Engineer shall review the quarterly Drawings furnished by the Contractor along with supporting data; including the geo-technical and hydrological investigations; characteristics of materials from borrow areas and quarry sites; topographical surveys; and the recommendations of the Safety Consultant in accordance with the provisions of Clause 10.1.6.The Authority Engineer shall complete such review and send its observations to the Authority and the Contractor within 21(twenty one) days of receipt of such Drawings; provided, however that in case of Structures, airspace development at railway stations including concourse and any other specified item the aforesaid period of 21 (twenty one) days may be extended as per the time limit as indicated in Annexure-II of Schedule-D;.;. In particular; such comments shall specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications and Standards. The AuthorityEngineer shall review any revised Drawings sent to it by the Contractor and furnish its comments within 10 (ten) days of receiving such Drawings. The Authority Engineer shall review the Quality Assurance Plan submitted by the Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-one) days stating the modifications; if any; required thereto. The Authority Engineer shall complete the review of the methodology proposed to be adopted by the Contractor for executing the Works; and convey its comments to the Contractor within a period of 10 (ten) days from the date of receipt of the proposed methodology from the Contractor. The Authority Engineer shall review the monthly progress report furnished by the Developer Contractor and send its comments thereon to the MOR Authority and the Developer Contractor within 7 (seven) days of receipt of such report.
5.3 . The Independent Authority Engineer shall inspect the Construction Works once every quarter, preferably after receipt and theProject and shall submit a monthly Inspection Report bringing out the results of the quarterly progress report from the Developer, but before the [7th (seventh) day] of next quarter in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project inspections and the remedial action taken by the Contractor in respect of Defects or deficiencies. The Authority Engineer shall conduct the pre-construction review of manufacturer's test reports and standard samples of manufactured Materials; and such other Materials as the Authority Engineer may require. For determining that the Works conform to Specifications and Standards; the Authority Engineer shall require the Contractor to carry out; or cause to be carried out; tests at such time and frequency and in such manner as specified in the Agreement and in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9; the tests specified in the ScheduleD-Specifications and Standards, shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Authority Engineer shall test check prescribed in this Agreement for each category or type of test for quality control by the Contractor. The timing of tests referred to in Paragraph 4.9; and the criteria for acceptance/ rejection of their results shall be determined by the Authority Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to; and independent of; the tests that may be carried out by the Contractor for its own quality assurance in accordance with Good Industry Practice. In a separate section the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies in the Works; the Authority Engineer shall require the Contractor to carry out remedial measures. The Authority Engineer may instruct the Contractor to execute any work which is urgently required for the safety of the Inspection Report, Project; whether because of an accident; unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event; the Independent Engineer provisions of Clause 19.6 shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail Systemapply. The Independent Engineer shall send a copy of its Inspection Report to MOR and the Developer within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System more than once in a quarter if any lapses, defects or deficiencies require such inspections.
5.5 In the event that the Developer Contractor fails to achieve any of the Project Milestones, ; the Independent Authority Engineer shall undertake a review of the progress of construction and identify potential delays, ; if any. If the Independent Authority Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, ; it shall require the Developer Contractor to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, ; and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the Developer, Contractor; the Independent Authority Engineer shall review the same and send its comments to MOR the Authority and the Developer Contractor forthwith.
5.6 . The Independent Authority Engineer shall obtain from the Contractor a copy of all the Contractor’s quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.4. Authority Engineer may recommend to the Authority suspension of the whole or part of the Works if the work threatens the safety of the public .pedestrians orUsers. After the Contractor has carried out remedial measure; the Authority Engineer shall inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. In the event that the Contractor carries out any remedial measures to secure the safety of suspended works and Users; and requires the Authority Engineer to inspect such works; the Authority Engineer shall inspect the suspended works within 3 (three) days of receiving such notice; and make a report to the Authority forthwith; recommending whether or not such suspension may be revoked by the Authority. The Authority Engineer shall carry out, ; or cause to be carried out, ; all the Tests specified in Schedule-J and upon completion of Construction Works, and shall issue a Completion Certificate or Provisional Certificate; as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 4.18 and all matters incidental thereto, ; the Independent Authority Engineer shall act under and in accordance with the provisions of Article 1012 and Schedule-J. The Authority Engineer shall determine the costs; and/or their reasonableness; that are required to be determined by it under the Agreement. The Authority Engineer shall determine the period of Time Extension that is required to be determined by it under the Agreement. The Authority Engineer shall consult each Party in every case of determination in accordance with the provisions of Clause 16.5.
Appears in 1 contract
Samples: Engineering, Procurement and Construction (Epc) Agreement
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Seller and send its comments thereon to the MOR CEB and the Developer Seller within 7 (seven) days of receipt of such report.
5.3 . The Independent Engineer shall inspect the Construction Works construction of the Facility once every quartermonth, preferably after receipt of the quarterly monthly progress report from the Developer, but before the [7th (seventh) day] of next quarter in any case, Seller and make out prepare a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail System. The Facility .The Independent Engineer shall send a copy of its Inspection Report to MOR CEB and the Developer Seller within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System more than once in a quarter if any lapses, defects or deficiencies require such inspections.
5.5 . In the event that Seller carries out any remedial works for removal or rectification of any defects or deficiencies as identified in the Developer Inspection Report, the Independent Engineer shall inspect same and provide his report in an additional Inspection Report. In the event that Seller fails to achieve any of the Project MilestonesMilestones during the Construction Period, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Facility is not feasible within the time specified in the Agreement, it shall require the Developer Seller to indicate within 15 (fifteen) days days, the steps proposed to be taken to expedite progress, and the period within which the Scheduled Completion Date completion shall be achieved. Upon receipt of a report from the DeveloperSeller, the Independent Engineer shall review the same and send its comments to MOR CEB and the Developer Seller forthwith.
5.6 The Independent Engineer shall carry out, or cause to be carried out, all the Tests and upon completion of Construction Works, and shall issue the Completion Certificate. The Independent Engineer shall submit copies propose any extension of time, required to complete the Facility during the Construction Period. If at any time during the construction, the Independent Engineer determines that Seller has not made adequate arrangements for the safety of workers in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers, Seller shall suspend whole or part of the construction for ensuring safety in respect thereof. In the event that Xxxxxx carries out any remedial measures to secure the safety of the workers, it may, by notice in writing, require the Independent Engineer to inspect such measures, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the works and make a report to CEB forthwith, recommending whether or not such suspension may be revoked by Seller. CEB shall communicate the findings of the Independent Engineer in respect of such disconnection to Seller. If suspension of construction is for reasons not attributable to Seller, the Independent Engineer shall determine the extension of Scheduled Commercial Operation Date to which the Seller is reasonably entitled, and shall notify CEB and Seller of the same. The Independent Engineer shall witness the successful completion of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor AssessorCommissioning Tests and issue a Completion Certificate for the Facility. For carrying out its functions under this Paragraph 5.6 4.8 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 10this Agreement.
Appears in 1 contract
Samples: Energy Supply and Purchase Agreement
Construction Period. 5.1 In respect of the Design, Drawings and Documents (including safety report) received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection (the “IE’s Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the IE‟s Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Independent Engineer shall send a copy of its IE‟s Inspection Report to MOR the Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System Project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the [●]44 shall be applicable. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise [●]% of the quantity or number of tests prescribed for each category or type of tests in the Service Quality Manual and Construction Quality Plan; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to [●] % for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in 44 To insert the industry specific tests which need to be carried out, which may be specific to each project. accordance with the Service Quality Manual and Construction Quality Plan. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
5.8 In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the Authority and the Developer Concessionaire forthwith.
5.6 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Authority and the Concessionaire of the same.
5.13 The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule-I and upon completion of Construction Worksissue a Completion Certificate or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 1013 and Schedule-I.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services and certify the reasonableness of such costs for payment by the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer Consultant for its review and comments during the Construction Period, the provisions period of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer Consultant shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon there On to the MOR Government and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer Consultant shall inspect the Construction Works and the Project once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection Inspection (the “"Inspection Report”") setting forth an overview of the status, progress, quality and safety of construction, including ; Including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications specifications and Standardsstandards. In a separate section of the Inspection Report, the Independent Engineer Consultant shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Independent Engineer Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Agreement. The Consultant shall send a copy of its Inspection Report to MOR the Government and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer Consultant may inspect the Rail System Project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the Consultant shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Consultant in accordance with Good Industry Practice for quality assurance The Consultant shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair ~ and efficient manner, and shall monitor and review the results thereof.
5.6 The sample size of the tests, to be specified by the Consultant under Paragraph 5.5, shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control Manuals; provided that the Consultant may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, 'and the criteria for acceptance rejection of their results shall be determined by the Consultant in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the test that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
5.8 In the event that the Developer Concessionaire carries out any remedial works for removal: or rectification of any defects or deficiencies, the Consultant shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity "With the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer . The Consultant shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer Consultant shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it It shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer Consultant shall review the same and send its comments to MOR the Government and the Developer Concessionaire forthwith.
5.6 5.10 If at any time during the Construction Period, the Consultant determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is, being carried out in a manner that threatens the safety of the workers and the Users in the shall make a recommendation to the Government forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, 'require the Consultant to inspect such works, and within 3 (three) days of receiving such notice, the Consultant shall inspect the suspended works and make a report to the Government forthwith, recommending whether or not such suspension may be revoked by the Government.
5.12 If suspension of Construction Works is for reasons not attributable "to the Concessionaire, the Consultant shall determine the extension of dates set forth in the Project Completion Schedule, 'to which the Concessionaire is reasonably entitled, and shall notify the Government and the Concessionaire of the same.
5.13 The Independent Engineer Consultant shall carry out, or cause to be carried out, ; all the Tests specified and upon completion of Construction Worksissue a Completion Certificate or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessor'case' may be. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer Consultant shall act under and in accordance with the provisions of Article 1014 of the Concession Agreement.
5.14 Upon reference from the Government, the Consultant shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Government to the Concessionaire.
5.15 The Consultant shall aid and advise the Concessionaire in preparing the Maintenance Manual.
Appears in 1 contract
Construction Period. 5.1 In respect of the Drawings Drawings, Documents and Documents Structural Safety Certificate received by the Independent Engineer for its review and comments during the Construction Period, Period the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the quarterly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR NRDA and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project once every quarter, preferably after receipt of the quarterly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) dayday of each month in an] of next quarter in any case, and make out a report of such inspection (the “"Inspection Report”") setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications Standards and StandardsSpecifications. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject Facilities. The Independent Engineer shall send a copy of its Inspection Report to MOR the NRDA and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System Project more than once in a quarter if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Standards and Specifications, the Independent Engineer carry out, or cause to be carried out, tests on a sample basis in accordance with Good Industry Practice for quality assurance.
5.6 In the event that the Developer fails to achieve Concessionaire carries out any remedial works for removal or rectification of the Project Milestonesany defects or deficiencies, the Independent Engineer shall undertake carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Standards and Specifications, and the provisions of this Paragraph 5 shall apply to such tests.
5.7 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers in the zone of construction or that any work is being carried out in a review manner that threatens the safety of the progress workers, it shall make a recommendation to the NRDA forthwith, identifying the whole or part of construction the Construction Works that should be suspended for ensuring safety in respect thereof.
5.8 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works for workers and identify potential delaysUsers, if any. it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the NRDA forthwith, recommending whether or not such suspension may be revoked by the NRDA.
5.9 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine that completion the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the NRDA and the Concessionaire of the Rail System is not feasible within the time specified in the Agreement, it shall require the Developer to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Completion Date shall be achieved. Upon receipt of a report from the Developer, the Independent Engineer shall review the same and send its comments to MOR and the Developer forthwithsame.
5.6 5.10 The Independent Engineer shall carry out, or cause to be carried out, all necessary tests to determine that the Tests Construction Works conform to Standards and upon completion of Construction Works, Specifications and shall issue the Completion a Specification Compliance Certificate (“Specification Compliance Certificate. ”).
5.11 The Independent Engineer shall submit copies of all Test data including detailed Test results to aid and advise the MOR, Chief Engineer/Independent Surveyor Assessor. For carrying out its functions under this Paragraph 5.6 and all matters incidental thereto, Concessionaire in preparing the Independent Engineer shall act under and in accordance with the provisions of Article 10Maintenance Manual.
Appears in 1 contract
Samples: Concession Agreement
Construction Period. 5.1 a. In respect of the Drawings and Drawings, Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 the clause 6.3 shall apply, mutatis mutandis.
5.2 b. The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Concessioning Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 c. The Independent Engineer shall inspect the Construction Works once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications specifications and Standardsstandards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Independent Engineer shall send a copy of its Inspection Report to MOR the Concessioning Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 d. The Independent Engineer may inspect the Rail System project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 e. For determining that the Construction Works conform to specifications and standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this clause 6.4 (e), the tests specified in the relevant Manuals specified by the Concessioning Authority in relation to structures, buildings and equipment (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
f. The sample size of the tests, to be specified by the Independent Engineer, shall comprise 10% of the quantity or number of tests prescribed for each category or type of tests in the Quality Control Manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% for certain categories or types of tests.
g. The timing of tests, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
h. In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the specifications and standards, and the provisions of this clause 6.4 shall apply to such tests.
i. In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, progress and the period within which the Scheduled Completion Date shall date of commercial operation of port will be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the Concessioning Authority and the Developer Concessionaire forthwith.
5.6 j. If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Concessioning Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
k. In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Concessioning Authority forthwith, recommending whether or not such suspension may be revoked by the Concessioning Authority.
l. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Concessioning Authority and the Concessionaire of the same.
m. The Independent Engineer shall carry out, or cause to be carried out, all the Tests and upon completion of Construction Works, and shall issue the a Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to , as the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 Clause 6.4 (m) and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 10Clause 7.8.
n. Upon reference from the Concessioning Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services and certify the reasonableness of such costs for payment by the Concessioning Authority to the Concessionaire.
o. The Independent Engineer shall aid and advise the Concessionaire in preparing the maintenance manual.
Appears in 1 contract
Samples: Concession Agreement
Construction Period. 5.1 In respect of the Drawings Drawings, Documents and Documents Safety Report received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR UPEIDA and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the UGC Expressway Project once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemUGC Expressway Project. The Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Concession Agreement. The Independent Engineer shall send a copy of its Inspection Report to MOR the UPEIDA and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Rail System UGC Expressway Project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by MOSRTH (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof.
5.6 The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control Manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice.
5.8 In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System UGC Expressway Project is not feasible within the time specified in the Concession Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Project Completion Date shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the UPEIDA and the Developer Concessionaire forthwith.
5.6 5.10 If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the UPEIDA forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the UPEIDA forthwith, recommending whether or not such suspension may be revoked by the UPEIDA.
5.12 If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the UPEIDA and the Concessionaire of the same.
5.13 The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule-I and upon completion of Construction Worksissue a Completion Certificate or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 1014 and Schedule-I.
5.14 Upon reference from the UPEIDA, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the UPEIDA to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.
Appears in 1 contract
Samples: Non Technical Schedules
Construction Period. 5.1 In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Construction Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 . The Independent Engineer shall review the quarterly monthly progress report furnished by the Developer Concessionaire and send its comments thereon to the MOR Authority and the Developer Concessionaire within 7 (seven) days of receipt of such report.
5.3 . The Independent Engineer shall inspect the Construction Works and the Project once every quartermonth, preferably after receipt of the quarterly monthly progress report from the DeveloperConcessionaire, but before the [7th 20th (seventhtwentieth) day] day of next quarter each month in any case, and make out a report of such inspection (the “Inspection Report”) setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Rail SystemProject. The Inspection Report shall also contain a review of the maintenance of the existing lanes in conformity with the provisions of the Agreement. The Independent Engineer shall send a copy of its Inspection Report to MOR the Authority and the Developer Concessionaire within 7 (seven) days of the inspection.
5.4 . The Independent Engineer may inspect the Rail System Project more than once in a quarter month if any lapses, defects or deficiencies require such inspections.
5.5 . For determining that the Construction Works conform to Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Engineer in accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by the Authority (the “Quality Control Manuals”) or any modification/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. The Independent Engineer shall issue necessary directions to the Concessionaire for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor and review the results thereof. The sample size of the tests, to be specified by the Independent Engineer under Paragraph 5.5, shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for each category or type of tests in the Quality Control Manuals; provided that the Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests. The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ rejection of their results shall be determined by the Independent Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. In the event that the Developer Concessionaire carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Engineer shall require the Concessionaire to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Construction Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such tests. In the event that the Concessionaire fails to achieve any of the Project Milestones, the Independent Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Independent Engineer shall determine that completion of the Rail System Project is not feasible within the time specified in the Agreement, it shall require the Developer Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which the Scheduled Completion Date COD shall be achieved. Upon receipt of a report from the DeveloperConcessionaire, the Independent Engineer shall review the same and send its comments to MOR the Authority and the Developer Concessionaire forthwith.
5.6 . If at any time during the Construction Period, the Independent Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof. In the event that the Concessionaire carries out any remedial measures to secure the safety of suspended works and Users, it may, by notice in writing, require the Independent Engineer to inspect such works, and within 3 (three) days of receiving such notice, the Independent Engineer shall inspect the suspended works and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority. If suspension of Construction Works is for reasons not attributable to the Concessionaire, the Independent Engineer shall determine the extension of dates set forth in the Project Completion Schedule, to which the Concessionaire is reasonably entitled, and shall notify the Authority and the Concessionaire of the same. The Independent Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule-I and upon completion of Construction Worksissue a Completion Certificate or Provisional Certificate, and shall issue as the Completion Certificate. The Independent Engineer shall submit copies of all Test data including detailed Test results to the MOR, Chief Engineer/Independent Surveyor Assessorcase may be. For carrying out its functions under this Paragraph 5.6 5.13 and all matters incidental thereto, the Independent Engineer shall act under and in accordance with the provisions of Article 1014 and Schedule-I. Upon reference from the Authority, the Independent Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in Article 16 and certify the reasonableness of such costs for payment by the Authority to the Concessionaire. The Independent Engineer shall aid and advise the Concessionaire in preparing the Maintenance Manual.
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Samples: Concession Agreement
