Common use of Design and Construction of the Project Works Clause in Contracts

Design and Construction of the Project Works. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Employer in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor‟s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials needed for the Project Works under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Employer shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer (the “Employer‟s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer‟s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer‟s Engineer a programme (the “Programme”) for the Works, developed using networking techniques giving the following details: Part I : Contractor‟s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, and safety plan covering safety of users and workers during construction, Contractor‟s key personnel and equipment. Part II : Programme for completion of all stages of construction Considering the weightage given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor‟s obligations. Part III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer‟s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of Clause

Design and Construction of the Project Works. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised authorized to deal with the Employer in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor‟s Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials Materials needed for the Project Works under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Employer shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer (the “Employer‟s Employer’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer‟s Employer’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer‟s Employer’s Engineer a programme Programme (the “Programme”) for the Works, developed using networking techniques giving the following details: Part I : Contractor‟s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, and safety plan covering safety of users and workers during construction, Contractor‟s key personnel and equipment. Part II : Programme for completion of all stages of construction Considering the weightage given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; (c) the sequence and timing of inspections and tests Tests specified in this Agreement. The Contractor shall submit a revised programme Programme whenever the previous programme Programme is inconsistent with the actual progress or with the Contractor‟s Contractor’s obligations. Part III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer‟s Employer’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in Schedule-H the BOQ and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of ClauseClause 19.3. For the avoidance of doubt, the sum of payments to be computed in respect of all the items of work shall not exceed the Contract Price, as may be adjusted in accordance with the provisions of this Agreement. 10.1.5 The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry out safety audit at the design stage of the Project Works in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Employer a panel of three names of qualified and experienced firms along with their firms and personnel experience from whom the Employer may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Employer and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Employer a revised panel of three names from the firms empaneled as safety consultants by the Employer for obtaining the consent of the Employer. The Contractor shall also obtain the consent of the Employer for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway Projects. The Employer shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. 10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project Works and the Contractor shall forward to the Employer’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any Works required by the Safety Consultant shall fall beyond the scope of Schedule-B, Schedule-C or Schedule-D, the Contractor shall make a report thereon and seek the instructions of the Employer for Change in Scope. For the avoidance of doubt, the Safety Consultant to be engaged by the Contractor shall be independent of the design and implementation team of the Contractor.

Design and Construction of the Project Works. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Employer in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor‟s Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials needed for the Project Works under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Employer shall, within 15 30 (fifteenthirty) days of the date of this Agreement, appoint an engineer (the “Employer‟s Employer’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer‟s Employer’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer‟s Employer’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques giving the following details: Part I : Contractor‟s Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, and safety plan covering safety of users and workers during construction, Contractor‟s Contractor’s key personnel and equipment. Part II : Programme for completion of all stages of construction Considering considering the weightage given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor‟s Contractor’s obligations. Part III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer‟s Employer’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of ClauseClause 19.3. For the avoidance of doubt, the sum of payments to be computed in respect of all the items of work shall not exceed the Contract Price, as may be adjusted in accordance with the provisions of this Agreement. 10.1.5 Deleted 10.1.6 Deleted

Design and Construction of the Project Works. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint Appoint its representative, duly authorised to deal with the Employer in respect of all matters under or arising out of or relating to this Agreement; (b) appoint Appoint a design director (the “Design Director”) who will head the Contractor‟s Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials needed for the Project Works under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Employer shall, within 15 30 (fifteenthirty) days of the date of this Agreement, appoint an engineer (the “Employer‟s Employer’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer‟s Employer’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer‟s Employer’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques giving the following details: Part I : Contractor‟s Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, and safety plan covering safety of users and workers during construction, Contractor‟s Contractor’s key personnel and equipment. Part II : Programme for completion of all stages of construction Considering considering the weightage given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor‟s Contractor’s obligations. Part III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer‟s Employer’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of ClauseClause 19.3. For the avoidance of doubt, the sum of payments to be computed in respect of all the items of work shall not exceed the Contract Price, as may be adjusted in accordance with the provisions of this Agreement. 10.1.5 Deleted. 10.1.6 Deleted.

Design and Construction of the Project Works. 10.1 Obligations prior to commencement of WorksWorks‌ 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Employer in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor‟s Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials needed for the Project Works under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Employer shall, within 15 30 (fifteenthirty) days of the date of this Agreement, appoint an engineer (the “Employer‟s Employer’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Employer‟s Employer’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Employer and the Employer‟s Employer’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques giving the following details: : Part I : Contractor‟s Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, and safety plan covering safety of users and workers during construction, Contractor‟s Contractor’s key personnel and equipment. Part II : Programme for completion of all stages of construction Considering considering the weightage given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor‟s Contractor’s obligations. Part III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Employer‟s Employer’s Engineer, the length, area and numbers, as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for estimating the interim payments for the Works in accordance with the provisions of ClauseClause 19.3. For the avoidance of doubt, the sum of payments to be computed in respect of all the items of work shall not exceed the Contract Price, as may be adjusted in accordance with the provisions of this Agreement. 10.1.5 Deleted 10.1.6 Deleted