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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques, for review and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works, iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause10.2. viii. the sequence and timing of inspections and tests specified in this Agreement ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. x. any outside influence which will or may affect the Works (c) Part III: Monthly cash flow forecast.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer anengineer (the “Authority’s Authority Engineer”) before the Appointed Date 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 Authority’s Authority Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for the construction of Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; and viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the pre-construction reviews provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for any other submissions, approvals and consents specified in conforming with the provisions of this Agreement. x. any outside influence which will or may affect 10.1.4 The Contractor shall plan the Works (c) Part III: Monthly project work by keeping Schedule-Ginto consideration in order to maximise the cash flow forecastand progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 2 contracts

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement, Standard Engineering, Procurement and Construction (Epc) Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques, for review and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during constructionconstruction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, viiii. the periods for reviews under Clause10.2.Clause 10.2; viiiiii. the sequence and timing of inspections and tests specified in this Agreement; and ixiv. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. The Contractor shall submit a revised Programme whenever the previous Programme is inconsistent with the actual progress or with the Contractor’s obligations. x. any outside influence which will or may affect the Works (c) Part IIIIII : Monthly cash flow forecast. (iv) The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2 (iv), and provide to the Authority’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 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. (v) The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carry out a safety audit at the design stage of the Project in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority a panel of three (3) names of qualified and experienced firms from which the Authority may choose one (1) to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Authority a revised panel of three (3) names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority 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. (vi) The safety audit pursuant to Clause 10.1 (v) 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 and the Contractor shall forward to the Authority’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 Authority 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.

Appears in 2 contracts

Samples: Engineering Procurement and Construction (Epc) Agreement, Engineering Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer anengineer (the “Authority’s Authority Engineer”) before the Appointed Date 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 Authority’s Authority Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for the construction of Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; and viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the pre-construction reviews provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for any other submissions, approvals and consents specified in conforming with the provisions of this Agreement. x. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flowand progress. However the AuthorityEngineermay modify/break up any outside influence of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the AuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limitedshelf life may be procured in a staggered manner so that materials are utilized/consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will or may affect be replaced by the Works (c) Part III: Monthly cash flow forecastContractor with materials confirming to Specifications at his own cost.

Appears in 2 contracts

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement, Standard Engineering, Procurement and Construction (Epc) Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for construction of the Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; and viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever its previous Programme is inconsistent with the particulars for actual progress or with the pre-construction reviews and for any other submissions, approvals and consents specified in the AgreementContractor’s obligations. x. any outside influence which will or may affect the Works (c) Part III: Monthly cash flow forecast.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer anengineer (the “Authority’s Authority Engineer”) before the Appointed Date 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 Authority’s Authority Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for the construction of Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) Part I : Contractor’s organisation for the Project, the project execution plan indicating arrangements for design and construction i.e. engagement of design consultants, project phasing and sub-contracting,the general methods and arrangements for overall planning of design and construction, landscaping, acoustics, vibration minimization, traffic management, signages, Non-fare revenue (NFR) maximization from station area users, retail planning, interiors, façade, lighting etc., environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel personnel, and equipment. (b) . Part II : Programme for completion of all stages of construction given in Schedule-H G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. I. The Programme shall include: i. Project Milestone Dates, ii. (a) the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; and viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the pre-construction reviews provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for any other submissions, approvals and consents specified in conforming with the provisions of this Agreement. x. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flowand progress. However the AuthorityEngineermay modify/break up any outside influence of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the AuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limitedshelf life may be procured in a staggered manner so that materials are utilized/consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will or may affect be replaced by the Works (c) Part III: Monthly cash flow forecastContractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised authorized to deal with the Authority in respect of all ofall 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 orrequired 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 under and in accordance with the Applicable Laws and Applicable Permits. (e) Appoint a reputed Architect firm with approval of XXXXXX for designing of the Military Infrastructure work. The appointed firm shall also be visiting site as per requirement but minimum 10 visits are essentials during construction period. The Contractor shall submitted a panel of three firma for selection (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall andshall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineer forthwithforth with. (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer Authority’sEngineer a work programme (the “Programme”) for organizing and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart andtime-scaled network diagram format to a weekly or monthly time scale for review and reviewand consent of the Engineer, giving the following details: (a) Part I I: Contractor’s organisation organization for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management plan and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II II: Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-Schedule- J. The Programme shall include: i. Project Milestone Dates, , ii. the order in which the Contractor intends to carry out all physical work to be undertaken beundertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works, iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause10.2. viii. the sequence and timing of inspections and tests specified in this Agreement ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. x. any outside influence which will or may affect the Works (c) Part III: Monthly cash flow forecast.

Appears in 1 contract

Samples: Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following detailsdetails : (a) 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, traffic management and safety plan covering safety of users and workers during constructionconstruction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works, iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, , vii. the periods for reviews under Clause10.2Clause 10.2. viii. the sequence and timing of inspections and tests specified in this Agreement ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. x. any outside influence which will or may affect the Works (c) Part III: Monthly cash flow forecast.

Appears in 1 contract

Samples: Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, appoint an engineer has appointed its Project Management Consultant (the “Authority’s EngineerPMC”) before the Appointed Date for assisting it to discharge the functions and duties specified in this AgreementDesign, Develop, Manage, and shall notify Implement Smart City Project under Smart City Mission to be the Contractor independent consultant under this Agreement (the name“Independent Expert”), address until the expiry of the contract between the Authority and the date of appointment PMC. On expiry or termination of the Authority’s Engineer forthwithaforesaid contract, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-M to be the Independent Expert for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques, for review and consent of the Engineer, techniques giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; viii. (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. ix10.1.4 The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2.4, and provide to the Authority’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 particulars basis for estimating the interim payments for the pre-construction reviews and for any other submissionsWorks in accordance with the provisions of Clause 19.3. For the avoidance of doubt, approvals and consents specified 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. x. 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 in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority a panel of three names of qualified and experienced firms from whom the Authority may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of three names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority 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 and the Contractor shall forward to the Authority’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any outside influence which will works required by the Safety Consultant shall fall beyond the scope of Schedule-B, Schedule-C or may affect Schedule-D, the Works (c) Part III: Monthly cash flow forecastContractor shall make a report thereon and seek the instructions of the Authority 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.

Appears in 1 contract

Samples: Draft Agreement for RFP for Beautification of Streets

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer anengineer (the “Authority’s Authority Engineer”) before the Appointed Date 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 Authority’s Authority Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for the construction of Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) : Part I : Contractor’s organisation for the Project, the project execution plan indicating arrangements for design and construction i.e. engagement of design consultants, project phasing and sub-contracting,the general methods and arrangements for overall planning of design and construction, landscaping, acoustics, vibration minimization, traffic management, signages, Non-fare revenue (NFR) maximization from station area users, retail planning, interiors, façade, lighting etc., environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel personnel, and equipment. (b) . Part II : Programme for completion of all stages of construction given in Schedule-H G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. I. The Programme shall include: i. Project Milestone Dates, ii. : the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works, iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. ; the periods for reviews under Clause10.2. viii. Clause 10.2; and the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Part III Monthly cash flow forecast for the pre-construction reviews Project Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for any other submissions, approvals and consents specified in conforming with the provisions of this Agreement. x. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flowand progress. However the AuthorityEngineermay modify/break up any outside influence of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the AuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limitedshelf life may be procured in a staggered manner so that materials are utilized/consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will or may affect be replaced by the Works (c) Part III: Monthly cash flow forecastContractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

Samples: Engineering, Procurement and Construction (Epc) Agreement

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Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (e) Appoint a reputed Architect firm with approval of XXXXXX for designing of the Bus Port. The appointed firm shall also be visiting site as per requirement but minimum 10 visits are essentials during construction period. The Contractor shall submitted a panel of three firma for selection. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a programme (the “Programme”) for the Works, developed using networking techniques, for review and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during constructionconstruction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II II: Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, viiii. the periods for reviews under Clause10.2.Clause 10.2; viiiiii. the sequence and timing of inspections and tests specified in this Agreement; and ixiv. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. The Contractor shall submit a revised Programme whenever the previous Programme is inconsistent with the actual progress or with the Contractor’s obligations. x. any outside influence which will or may affect the Works (c) Part IIIIII : Monthly cash flow forecast. (iv) The Contractor shall compute, on the basis of the Drawings prepared in accordance with Clause 10.2 (iv), and provide to the Authority’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 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. (v) The Contractor shall appoint a safety consultant (the “Safety Consultant”) to carryout a safety audit at the design stage of the Project in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority a panel of three (3) names of qualified and experienced firms from which the Authority may choose one (1) to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Authority a revised panel of three (3) names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the Large Industrial Building/Real estate development/ MMLP/ Bus Port/Smart city projects. The Authority 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. (vi) The safety audit pursuant to Clause 10.1 (v) 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 and the Contractor shall forward to the Authority’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 Authority 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.

Appears in 1 contract

Samples: Engineering Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint an engineer (the “Authority’s Authority Engineer”) before the Appointed Date 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 Authority’s Authority Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority Engineer a programme programme/CPM Charts & Bar Charts (the “Programme”) for the construction of Works, developed using networking techniques, for review techniques and consent of the Engineer, giving the following details: (a) 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; and viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the pre-construction reviews provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for any other submissions, approvals and consents specified in conforming with the provisions of this Agreement. x. any outside influence which will or may affect 10.1.4 The Contractor shall plan the Works (c) Part III: Monthly project work by keeping Schedule-Ginto consideration in order to maximise the cash flow forecastand progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) 10.1.2 The Authority shall, within 30 (thirty) days of the date of this Agreement, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Authority‟s Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Authority‟s Engineer a programme (the “Programme”) for the Works, developed using networking techniques, for review and consent of the Engineer, techniques giving the following details: (a) : 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, traffic management and safety plan covering safety of users and workers during construction, Contractor’s Contractor‟s key personnel and equipment. (b) . Part II : Programme for completion of all stages of construction 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: i. Project Milestone Dates, ii. (a) the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; viii. (c) the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the particulars for previous programme is inconsistent with the pre-construction reviews and for any other submissions, approvals and consents specified in actual progress or with the Agreement. x. any outside influence which will or may affect the Works (c) Contractor‟s obligations. Part III: 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 Authority‟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 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 in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority a panel of three names of qualified and experienced firms from whom the Authority may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of three names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority 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 and the Contractor shall forward to the Authority‟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 Authority 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.

Appears in 1 contract

Samples: Epc Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) 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 Authority Authority/GMDA 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 PROJECT under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Authority/GMDA shall, within 15 (iififteen) The Authority shalldays of the date of this Agreement, appoint an engineer (the “Authority’s AUTHORITY’S/GMDAs Engineer”) before the Appointed Date 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 Authority’s AUTHORITY’S/GMDAs Engineer forthwith. (iii) 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority Authority/GMDA and the Authority’s AUTHORITY’S/GMDAs Engineer a programme programmer (the “ProgrammeProgrammed”) for the Works, developed using networking techniques, for review and consent of the Engineer, techniques giving the following details: (a) : Part I : Contractor’s organisation organization for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) . Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme Program shall include: i. Project Milestone Dates, ii. (a) the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligationsWorks, including the anticipated timing of design and stages of Works,; iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. (b) the periods for reviews under Clause10.2.Clause 10.2; viii. the (c) The sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised program whenever the particulars for previous program is inconsistent with the pre-construction reviews and for any other submissions, approvals and consents specified in actual progress or with the Agreement. x. any outside influence which will or may affect the Works (c) Contractor’s obligations. Part III: 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 AUTHORITY’S/GMDAs 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 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 in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority/GMDA a panel of three names of qualified and experienced firms from whom the Authority/GMDA may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority/GMDA and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority/GMDA a revised panel of three names from the reputed firms of the same field as safety consultants by the Ministry of Road Transport and Highways/ Authority/GMDA of India for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority/GMDA or the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority/GMDA 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 and the Contractor shall forward to the AUTHORITY’S/GMDAs 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 Authority/GMDA 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.

Appears in 1 contract

Samples: Engineering Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority 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 under and in accordance with the Applicable Laws and Applicable Permits. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date 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 Authority’s Engineer forthwith. (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following detailsdetails : (a) 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, traffic management and safety plan covering safety of users and workers during constructionconstruction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021 Completion Schedule set forth in Schedule-J. The Programme shall include: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works, iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause10.2Clause 10.2. viii. the sequence and timing of inspections and tests specified in this Agreement ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. x. any outside influence which will or may affect the Works (c) Part IIIIII : Monthly cash flow forecast. (B) The Works Programme shall show achievement of all Milestone Dates and shall be organised in a logical work-breakdown-structure including work stages and phases, and shall clearly indicate the critical path(s). (C) Each activity in the Works Programme shall be coded to indicate. a. Activity ID and Activity Code. b. The Authority’s Engineer may request additional activity coding to the extent available without restraint to the Contractor’s utilisation of the programme software. When requested the Contractor shall add the required additional coding to the Programme. The Contractor shall use additional code fields as requested to comply with the requirements and for the use of the Contractor. c. Activity duration shall not exceed two (2) weeks, unless otherwise consented to by the Engineer, except non-construction activities such as submittals, submittal reviews, procurement and delivery of materials or equipment and concrete curing. The Contractor shall submit a Programme/Project Calendar cross reference clearly indicating the allowance for holidays. (D) Baseline Physical Progress ‘S’ Curve

Appears in 1 contract

Samples: Construction Contract

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