Common use of Inspection andpayments Clause in Contracts

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

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Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 95 of 251 Construction 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of Service Road and RCC Drain existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district EPC Mode in the state State of Assam under EPC Mode Nov 2023 JICA - ODA loan assistance.” Mar 2022 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 97 of 251 154 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH- 37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: nhidcl.com

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 99 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4160

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 96 of 251 Construction 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of Service Road and RCC Drain existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district EPC Mode in the state State of Assam under EPC Mode Nov 2023 JICA - ODA loan assistance.” Mar 2022 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 91 of 251 Construction 146 Widening/Improvement to 2-lane with earthen shoulder of Service Road and RCC Drain on both sides Xxxxx Corner to Ukhrul section from existing km 34+650 to km 50+520 (Design Chainage km 30+970 to km 45+600) of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district NH-202 in the state State of Assam under Manipur on EPC Mode Nov 2023 mode. (Package-3, Length-14.63 km) Jan 2024 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: nhidcl.com

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 95 of 251 152 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH- 37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

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Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Draft Contract AgreementPage 93 90 of 251 146 “Construction of Service Road and RCC Drain on both sides of NH 37A two lane with paved shoulders road from Kaliabor –Tiniali- Tamenglong to Mahur (Km 0.000) to Kolong Bridge (Km 0.600NH-137) in Nagaon district in the state State of Assam under Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC Mode Nov 2023 mode.” May 2021 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 95 of 251 152 “Construction of Service Road and RCC Drain Four Lane Panchgram Bypass from Design Chainage km 15+500 on both sides of NH 37A from Kaliabor –Tiniali- NH- 37 (Km 0.000Old NH-53) at Kalinagar Pt.-II Village to Kolong Bridge Design Chainage km 27+300 at crossing with NH-6 (Km 0.600Old NH-44) in Nagaon district Near Xxxxxxxxx Pt.-I Village in the state State of Assam under on EPC Mode Nov under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (2nd Call) Feb 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 99 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4159

Appears in 1 contract

Samples: Draft Contract Agreement

Inspection andpayments. (i) The Authority’s Engineer may inspect the Project Highway at any time, but at least once every month, to ensure compliance with the Maintenance Requirements. It shall make a report of such inspection (“Maintenance Inspection Report”) stating in reasonable detail the Defects or deficiencies, if any, with particular reference to the Maintenance Requirements, the Maintenance Manual, and the Maintenance Programme, and send a copy thereof to the Authority and the Contractor within 10 (ten) days of suchinspection. (ii) After the Contractor submits to the Authority’s Engineer the Monthly Maintenance Statement for the Project Highway pursuant to Clause 19.6, the Authority’s Engineer shall carry out an inspection within 10 (ten) days to certify the amount payable to the Contractor. The Authority’s Engineer shall inform the Contractor of its intention to carry out the inspection at least 3 (three) business days in advance of such inspection. The Contractor shall assist the Authority’s Engineer in verifying compliance with the MaintenanceRequirements. (iii) For each case of non-compliance of Maintenance Requirements as specified in the inspection report of the Authority’s Engineer, the Authority’s Engineer shall calculate the amount of reduction in payment in accordance with the formula specified in Schedule-M. (iv) Any deduction made on account of non-compliance will not be paid subsequently even after establishing the compliance thereof. Such deductions will continue to be made every month until the compliance isprocured. Contract AgreementPage 93 91 of 251 146 “Construction of Service Road 2-lane Ukhrul bypass starting at km 537.850 of NH-202 & joining at km 8.840 of NH-102A (Ukhrul – Toloi – Tadubi Road) and RCC Drain on both sides continuing upto km 9.840 of NH 37A from Kaliabor –Tiniali- NH- 102A (Km 0.000) to Kolong Bridge (Km 0.600Package-1, Length-6.571 km) in Nagaon district in the state State of Assam under Manipur on EPC Mode Nov 2023 mode. (2nd Call)” Feb 2024 15.3 Tests For determining that the Project Highway conforms to the Maintenance Requirements, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, Tests specified by it in accordance with Good Industry Practice. The Contractor shall, with due diligence, carry out or cause to be carried out all such Tests in accordance with the instructions of the Authority’s Engineer and furnish the results of such Tests forthwith to the Authority’s EngineerAuthority’Engineer. At any time during Maintenance Period, the Authority may appoint an external technical auditor to conduct an audit of the quality of the Works. The Auditor in the presence of the representatives of the Contractor and the Authority’s Engineer shall carry out the Tests and/ or collect samples for testing in the laboratory. The timing, the testing equipment and the sample size of this audit shall be as decided by the Authority. The findings of the audit, to the extent accepted by the Authority, shall be notified to the Contractor and the Authority’s Engineer for taking remedial measures. After completion of the remedial measures by the Contractor, the auditor shall undertake a closure audit and this process will continue till the remedial measures have brought the maintenance works into compliance with the Specifications and Standards. The Contractor shall provide all assistance as may be required by the auditor in the conduct of its audit hereunder. Notwithstanding anything contained in this Clause 15.3, the external technical audit shall not affect any obligations of the Contractor or the Authority’s Engineer under this Agreement. 15.4

Appears in 1 contract

Samples: Draft Contract Agreement

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