General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity. 5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”). 5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer. 5.8.4 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase. 5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings. 5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements). 5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC. 5.8.8 The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement. 5.8.9 The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance for the entire Project. 5.8.10 The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof . 5.8.11 The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof). 5.8.12 Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits. 5.8.13 During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property. 5.8.14 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer. 5.8.15 During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents. 5.8.16 The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer. 5.8.17 Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer. 5.8.18 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer. 5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works. 5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities. 5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice. 5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution. 5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 11 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the period of construction and operation of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land Site nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the Project.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the period of construction and operation of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land Site nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof hereof.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste waterwastewater), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the Project.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design 28(Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance for the entire Project.
5.8.10 The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall Projectshall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
5.8.14 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer.
5.8.15 During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents.
5.8.16 The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer.
5.8.17 Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer.
5.8.18 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General ofGeneral Manager of the Zonal Railway of Station, ,provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘„good for construction’ construction‟ and by the PMC’s PMC‟s NOC.
5.8.8 The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance for the entire Project.
5.8.10 The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
5.8.14 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer.
5.8.15 During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents.
5.8.16 The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer.
5.8.17 Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer.
5.8.18 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Development Agreement
General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 The Developer shall execute the Station Development Project in 2 (two) two phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance for the entire Project.
5.8.10 The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
5.8.14 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer.
5.8.15 During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents.
5.8.16 The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer.
5.8.17 Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer.
5.8.18 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
5.8.24 The Developer shall from time to time set aside amounts as set out / prescribed by the Authority in the Station Facility Management Agreement for contribution towards sinking fund to be used for replacement / upgradation of machines, assets and other equipment used for mid-term replacement of equipments and fixtures installed as part of Station Development Project Utilities including but not limited to lifts, elevators, escalators, power-back / DG up sets, HVAC, electric sub-stations, pumps, fire fighting, plumbing, fittings and water supply systems, internal and external electrical fittings and controls, any other plant/equipment of capital nature etc. The Authority shall have the right to decide and determine the necessity of such replacement / up gradation including its timings or cost thereof, the manner of utilisation of the sinking fund etc. and the Developer agrees to abide by the same.
Appears in 1 contract
Samples: Development Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the period of construction and operation of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land land on which Zero Mile Xxxxx Xxxxxxx is located nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof therefrom.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land project site and premises in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the Project.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the period of construction and operation of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx ward off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land land on which Zero Mile Freedom Park Metro Station is located nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof therefrom.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land project site and premises in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the Project.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority may incur in reference thereto, shall be charged to the Developer. Authority shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance for the entire Project.
5.8.10 The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
5.8.14 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer.
5.8.15 During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents.
5.8.16 The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer.
5.8.17 Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer.
5.8.18 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.drawing
Appears in 1 contract
Samples: Development Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the period of construction and operation of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land Site nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof hereof.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste waterwastewater), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the Project.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, 5.14.16 The Army Headquarters and Reserve Bank of India is situated on the written request western side of project site. It shall be mandatory for the Developer and, to install view cutters on the Authority may, on a case western side of building so as to case basis block the direct view to Army Headquarters and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specificationsReserve Bank of India. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may All the charges/payments for installing such view cutters shall be permitted borne solely by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of AuthoritySuccessful Bidder.
Appears in 1 contract
Samples: Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the Project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the entire Concession Period of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the this Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire Project.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land Site nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof hereof.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the Project, the Developer Concessionaire shall remove promptly from the ProjectProject Site, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste waterwastewater), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specified, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the works at the Project Site.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Concession Agreement
General Obligation in relation to the Project. 5.8.1 The Developer 5.14.1 Save and except the development, construction of the Project in accordance with applicable laws and conduct the operations of the commercial/ retail activities therefrom, the Concessionaire shall not permit anything to be done on the Project Land Site which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers occupiers, passengers or residents of other premises in the vicinity.
5.8.2 5.14.2 The Developer Concessionaire shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 60 (seventySixty) years (the “Design Life”).
5.8.3 5.14.3 The Developer Concessionaire shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of Authority, the Railway Maha-Metro (situated on project site) or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the DeveloperConcessionaire. The Concessionaire shall obtain public liability insurance during the Concession Period of the Project and hereby indemnifies Maha Metro from any liabilities arising from the design, construction and in operation of the Project.
5.14.4 In case Authority Maha-Metro is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Workmen’s Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer Concessionaire the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority Maha-Metro may incur in reference thereto, shall be charged to the DeveloperConcessionaire. Authority Maha-Metro shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the DeveloperConcessionaire, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to DeveloperConcessionaire, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the DeveloperConcessionaire.
5.8.4 5.14.5 The Developer shall execute the Station Development Project in 2 (two) phases, the design phase and the construction phase.
5.8.5 The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e., the definitive design and the construction reference drawings.
5.8.6 The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 The Developer Concessionaire shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the this Agreement.
5.8.9 5.14.6 The Developer Concessionaire shall be obliged to complete the Project including the Total Area Offered latest by the Guaranteed Scheduled Completion Date of Project completion and shall obtain Construction Completion Clearance Certificate for the entire ProjectProject including the Total Area Offered.
5.8.10 5.14.7 The Developer Concessionaire shall not make any excavation upon any part of the Project Land Site nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof hereof.
5.8.11 5.14.8 The Developer Concessionaire will ensure that all materials, equipment, machinery etc. installed at the Project Land Site and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- objection obtained from the PMC in respect thereof).
5.8.12 5.14.9 Upon completion of the activity of construction of the ProjectProject including the Total Area Offered, the Developer Concessionaire shall remove promptly from the ProjectProject Site, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste waterwastewater), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 5.14.10 During the execution of Project, unless otherwise specifiedProject and the Total Area Offered, the Developer Concessionaire shall at his own cost provide the materials for take all reasonable care and execute all shoring, timbering caution as per standard industry practice and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that endeavor no damage, injury or of loss is caused or likely to be caused to any person or propertyproperty arising from the design, construction and operation of the works at the Project Site.
5.8.14 5.14.11 Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the DeveloperConcessionaire, except with the permission of the Nodal Officer Maha-Metro Representative and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer Concessionaire or his agent or his staff shall be recoverable from the DeveloperConcessionaire.
5.8.15 5.14.12 During the progress of work with respect to the Project in any street or thoroughfare, the Developer Concessionaire shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer Maha-Metro Representative or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary security and safety arrangements to prevent accidents.
5.8.16 5.14.13 The Developer Concessionaire shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway Public property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal OfficerMaha-Metro Representative.
5.8.17 Unless specifically provided in 5.14.14 Upon obtaining due permission form the Specificationsrespective authorities, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, Concessionaire if required can work may be done at during night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developerhours.
5.8.18 5.14.15 The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of Authority. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by Authority), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (a) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (b) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer Concessionaire shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Concession Agreement
General Obligation in relation to the Project. 5.8.1 (i) The Developer shall not permit anything to be done on the Project Land which may be unlawful, a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the vicinity.
5.8.2 (ii) The Developer shall design and construct all permanent civil structure(s) in the Project for a minimum design life of 70 (seventy) years (the “Design Life”).
5.8.3 (iii) The Developer shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of AuthorityIRSDC, RLDA the Railway or any other third party or the lives, persons or property of others from whatsoever cause in connection with the Project despite all reasonable and proper precautions that may have been taken by the Developer, and in case Authority IRSDC is called upon to make good any costs, loss or damages, or to pay any compensation (including that payable under the provisions of the Workmens' Compensation Act or any statutory amendments thereof) to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Developer the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Authority IRSDC may incur in reference thereto, shall be charged to the Developer. Authority IRSDC shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Developer, to take such steps as may be considered necessary or desirable to xxxx off or mitigate the effect of such proceedings, charging to Developer, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise and the incurring of any such expenses shall not be called in question by the Developer.
5.8.4 (iv) The Developer shall execute the Station Development Project in 2 (two) two phases, the design phase and the construction phase.
5.8.5 (v) The design phase shall commence on the Appointed Date, subject to the satisfaction of the Conditions Precedent by both the Parties. The design phase shall include the preparation and submission of Detailed Design and Drawings i.e.the preliminary design, the definitive design and the construction reference drawings.
5.8.6 . The design phase shall be complete upon the issue of the NOC by the PMC in respect of the comprehensive and complete construction reference drawings submission for the whole of the permanent works for the Station Development Project. The detailed requirements for the above are stated in Article 16 and Schedule 28 (Design Requirements).
5.8.7 (vi) The construction phase for a whole or part of the permanent works of the Station Development Project shall commence immediately upon issue by the PMC of a NOC in respect of the relevant construction reference drawing submission. However construction shall not be commenced until the original negatives of the appropriate working drawings have been endorsed by the Developer as ‘good for construction’ and by the PMC’s NOC.
5.8.8 (vii) The Developer shall undertake the Project using due care and diligence in a professional manner, using sound engineering, design and project management principles and supervisory procedures in accordance with Good Industry Practice and for that it shall retain, engage and consult, qualified and experienced professionals and consultants with good credentials and experience in relation to a project similar to the Project, which is the subject matter of the Agreement.
5.8.9 (viii) The Developer shall be obliged to complete the Project latest by the Guaranteed Date of Project completion and shall obtain Completion Clearance Certificate for the entire Project.
5.8.10 (ix) The Developer shall not make any excavation upon any part of the Project Land nor remove any stone, sand, gravel, clay or earth therefrom except for the purpose of forming foundations of buildings or for the purpose of executing any work pursuant to the terms hereof .
5.8.11 (x) The Developer will ensure that all materials, equipment, machinery etc. installed at the Project Land and/or used for the purposes of the Project will be of sound and merchantable quality, that all workmanship shall be in accordance with Good Industry Practices applicable at the time of installation, construction or repair and that each part of the construction will be fit for the purpose for which it is required. Further, all aspects of the Station Development Project, shall be executed in compliance with the Drawings and Specifications provided in Agreement and the Schedules and if not, appropriate specifications and Detailed Design & Drawings for the Mandatory Project shall be prepared by the Developer (and approval / no- no-objection obtained from the PMC in respect thereof).
5.8.12 (xi) Upon completion of the activity of construction of the Project, the Developer shall remove promptly from the Project, all surplus construction machinery and materials, waste materials (including, without limitation, hazardous materials and waste water), rubbish, rubble and other debris (including without limitation accident debris) in accordance with the this Agreement and shall keep the land in a neat and clean condition and in conformity with the Applicable Laws and Applicable Permits.
5.8.13 (xii) During the execution of Project, unless otherwise specified, the Developer shall at his own cost provide the materials for and execute all shoring, timbering and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.
5.8.14 (xiii) Existing roads or water courses shall not be blocked, cut through, altered, diverted or obstructed in any way by the Developer, except with the permission of the Nodal Officer and the other relevant Government Authority(s). All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Developer or his agent or his staff shall be recoverable from the Developer.
5.8.15 (xiv) During progress of work with respect to the Project in any street or thoroughfare, the Developer shall make adequate provision for the passage of traffic, for securing safe access to all premises approached from such street or thoroughfare and for any drainage, water supply or means of lighting which may be interrupted by reasons of the execution of the works and shall erect and maintain lights and other safeguards as prescribed by the Nodal Officer or the Applicable Permits, for the regulation of the traffic and provide watchmen necessary to prevent accidents.
5.8.16 (xv) The Developer shall be responsible to take all precautions to ensure the safety of the public whether on public or Railway property and shall post such look out men, and undertake such other safety measures, as may be required to comply with regulations appertaining to the Applicable Laws and any instructions of the Nodal Officer.
5.8.17 (xvi) Unless specifically provided in the Specifications, the Developer shall not carry out any works in relation to the Project, between sunset and sunrise without the prior permission of the PMC. In case of any grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or to restore them, work may be done at night without the prior permission of the PMC, but intimation to this effect should be sent to the PMC him immediately. The Developer shall, in such instances, make adequate lighting and safety arrangements for night working. The Developer shall also be responsible for any claim on account of any injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due to any other failure of the Developer.
5.8.18 (xvii) The Developer shall at its own expense provide and maintain sheds, store- houses and yards at such locations and in such numbers as in the opinion of the PMC are necessary for carrying out the Project. The PMC and his representatives shall have the right to access and enter upon the said sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and plant so kept in hand. Any materials or plant which the PMC may object to shall not be brought upon or used in the Project and shall forthwith be removed from the sheds, storehouses or yards by the Developer.
5.8.19 (xviii) Except for any specific item mentioned in the Schedules, the Developer shall have to make its own arrangements, at its own cost, plant, machinery and equipment required for execution and completion of the Project and all associated works to the satisfaction of AuthorityIRSDC. This shall also include all other associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as required for the execution of the works.
5.8.20 (xix) Notwithstanding anything to the contrary specified hereunder, the Developer shall (save and except to the extent specifically approved by AuthorityIRSDC), ensure that the Mandatory Project Utilities shall be developed in a manner that the same are (ai) capable of operation, maintenance, repair, replacement and use without reference to or utilisation of or involvement of any of the Commercial Development Project Utilities, and (bii) independent of and distinct from the Commercial Development Project Utilities.
5.8.21 (xx) The Developer shall employ suitably trained and qualified labour and manpower at the Project Land and otherwise, as required to ensure that the Project and all associated works are undertaken consistent with the terms of the Specifications, the other terms of the this Agreement, Applicable Law and Good Industry Practice.
5.8.22 The Developer shall employ suitable mechanism such as washing facility of wheels of vehicles entering/leaving the work site to reduce pollution.
5.8.23 In exceptional cases, on the written request of the Developer and, the Authority may, on a case to case basis and after being fully satisfied, permit change in existing standards and/or specifications with equivalent or better standards / specifications. However, in case a better or equivalent standard / specification item is not available or possible, then an item with lower standard / specification in Station Development Project and Redevelopment Project may be permitted by Authority after obtaining approval of General Manager of the Zonal Railway of Station, provided that the Developer submits the difference of cost to the Authority prior to grant of approval of Authority.
Appears in 1 contract
Samples: Development Agreement
