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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer (the “Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 3 contracts

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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques techniques, for review and consent of the Engineer, giving the following details: (a) Part I : Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the Worksperformance of the Contract obligations, including the anticipated timing of design and stages of Works;, (b) iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause 10.2; andClause10.2. (c) viii. the sequence and timing of inspections and tests specified in this Agreement ix. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with particulars for the actual progress or with pre-construction reviews and for any other submissions, approvals and consents specified in the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan x. any outside influence which will or may affect the project work by keeping Schedule-Ginto consideration in order to maximise the Works (c) Part III: Monthly cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstancesforecast. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 3 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer (the “Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and flowand progress. However the Authority Engineer may AuthorityEngineermay modify/break up any of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority EngineerAuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf limitedshelf life may be procured in a staggered manner so that materials are utilized/consumed before consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 2 contracts

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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques techniques, for review and consent of the Engineer, giving the following details: (a) Part I : Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: i. the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) ii. the periods for reviews under Clause 10.2; and; (c) iii. the sequence and timing of inspections and tests specified in this Agreement; and iv. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. The Contractor shall submit a revised programme Programme whenever the previous programme Programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided. (c) Part III : Monthly cash flow forecast. (iv) The Contractor shall compute, however, that on the Authority may, within a period of 15 (fifteen) days of receipt basis of the ProgrammeDrawings prepared in accordance with Clause 10.2 (iv), convey its comments and provide to the Contractor stating Authority’s Engineer, the modificationslength, if anyarea and numbers, required as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for compliance estimating the interim payments for the Works in accordance with the provisions of this AgreementClause 19.3. For the avoidance of doubt, and the Contractor sum of payments to be computed in respect of all the items of work shall carry out such modificationsnot exceed the Contract Price, to the extent required for conforming as may be adjusted in accordance with the provisions of this Agreement. 10.1.4 (v) The Contractor shall plan appoint a safety consultant (the project work by keeping Schedule-Ginto consideration in order “Safety Consultant”) to maximise carry out a safety audit at the cash flow and progress. However the Authority Engineer may modify/break up any design stage of the stage payment schedule(payment milestones) during execution if Project in accordance with the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority or due a panel of three (3) names of qualified and experienced firms from which the Authority may choose one (1) to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the factors Authority and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Authority a revised panel of three (3) names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. (vi) The safety audit pursuant to Clause 10.1 (v) shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project and the Contractor shall forward to the Authority’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any works required by the Safety Consultant shall fall beyond the control scope of Schedule-B, Schedule-C or Schedule-D, the Contractor or shall make a report thereon and seek the instructions of the Authority for Change in Scope. For the avoidance of doubt, the Safety Consultant to any unforeseen circumstances. 10.1. 5Procurement of items should be planned engaged by the Contractor in consultation with shall be independent of the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If design and implementation team of the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own costContractor.

Appears in 2 contracts

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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the its previous programme Programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer (the “Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: : Part I Contractor’s organisation for the Project, the project execution plan indicating arrangements for design and construction i.e. engagement of design consultants, project phasing and sub-contracting,the general methods and arrangements for overall planning of design and construction, landscaping, acoustics, vibration minimization, traffic management, signages, Non-fare revenue (aNFR) maximization from station area users, retail planning, interiors, façade, lighting etc., environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel, and equipment. Part II Programme for completion of all stages of construction given in Schedule-G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-I. The Programme shall include: the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) ; the periods for reviews under Clause 10.2; and (c) and the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Part III Monthly cash flow forecast for the Project Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and flowand progress. However the Authority Engineer may AuthorityEngineermay modify/break up any of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority EngineerAuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf limitedshelf life may be procured in a staggered manner so that materials are utilized/consumed before consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

Sources: Engineering, Procurement and Construction (Epc) Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised authorized to deal with the Authority Authority/GMDA in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project PROJECT under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Authority Authority/GMDA shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority AUTHORITY’S/GMDAs Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority AUTHORITY’S/GMDAs Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority Authority/GMDA and the Authority AUTHORITY’S/GMDAs Engineer a programme/CPM Charts & Bar Charts programmer (the “ProgrammeProgrammed”) for construction of the Works, developed using networking techniques and giving the following details: Part I Contractor’s organization for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel and equipment. Part II Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Program shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and; (c) the The sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme program whenever the previous programme program is inconsistent with the actual progress or with the Contractor’s obligations. ProvidedPart III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, however, that on the Authority may, within a period of 15 (fifteen) days of receipt basis of the ProgrammeDrawings prepared in accordance with Clause 10.2.4, convey its comments and provide to the Contractor stating AUTHORITY’S/GMDAs Engineer, the modificationslength, if anyarea and numbers, required as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for compliance estimating the interim payments for the Works in accordance with the provisions of this AgreementClause 19.3. For the avoidance of doubt, and the Contractor sum of payments to be computed in respect of all the items of work shall carry out such modificationsnot exceed the Contract Price, to the extent required for conforming as may be adjusted in accordance with the provisions of this Agreement. 10.1.4 10.1.5 The Contractor shall plan appoint a safety consultant (the project work “Safety Consultant”) to carry out safety audit at the design stage of the PROJECT in accordance with the Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority/GMDA a panel of three names of qualified and experienced firms from whom the Authority/GMDA may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the Authority/GMDA and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority/GMDA a revised panel of three names from the reputed firms of the same field as safety consultants by keeping the Ministry of Road Transport and Highways/ Authority/GMDA of India for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority/GMDA or the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority/GMDA shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. 10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the PROJECT and the Contractor shall forward to the AUTHORITY’S/GMDAs Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any works required by the Safety Consultant shall fall beyond the scope of Schedule-Ginto consideration in order to maximise B, Schedule-C or Schedule-D, the cash flow Contractor shall make a report thereon and progress. However seek the Authority Engineer may modify/break up any instructions of the stage payment schedule(payment milestones) during execution if Authority/GMDA for Change in Scope. For the same is considered essential avoidance of doubt, the Safety Consultant to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned engaged by the Contractor in consultation with shall be independent of the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If design and implementation team of the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own costContractor.

Appears in 1 contract

Sources: Engineering Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised authorized to deal with the Authority in respect of all ofall matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required orrequired before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (e) Appoint a reputed Architect firm with approval of ▇▇▇▇▇▇ for designing of the Military Infrastructure work. The appointed firm shall also be visiting site as per requirement but minimum 10 visits are essentials during construction period. The Contractor shall submitted a panel of three firma for selection (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall andshall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwithforth with. 10.1.3 (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer Authority’sEngineer a programme/CPM Charts & Bar Charts work programme (the “Programme”) for construction organizing and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart andtime-scaled network diagram format to a weekly or monthly time scale for reviewand consent of the Engineer, giving the following details: (a) Part I: Contractor’s organization for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan and safety plan covering safety of users and workers during construction. (b) Part II: Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule- J. The Programme shall include: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to beundertaken in the Worksperformance of the Contract obligations, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.,

Appears in 1 contract

Sources: Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (e) Appoint a reputed Architect firm with approval of ▇▇▇▇▇▇ for designing of the Bus Port. The appointed firm shall also be visiting site as per requirement but minimum 10 visits are essentials during construction period. The Contractor shall submitted a panel of three firma for selection. (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 (iii) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques techniques, for review and consent of the Engineer, giving the following details: (a) Part I : Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II: Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: i. the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) ii. the periods for reviews under Clause 10.2; and; (c) iii. the sequence and timing of inspections and tests specified in this Agreement; and iv. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. The Contractor shall submit a revised programme Programme whenever the previous programme Programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided. (c) Part III : Monthly cash flow forecast. (iv) The Contractor shall compute, however, that on the Authority may, within a period of 15 (fifteen) days of receipt basis of the ProgrammeDrawings prepared in accordance with Clause 10.2 (iv), convey its comments and provide to the Contractor stating Authority’s Engineer, the modificationslength, if anyarea and numbers, required as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for compliance estimating the interim payments for the Works in accordance with the provisions of this AgreementClause 19.3. For the avoidance of doubt, and the Contractor sum of payments to be computed in respect of all the items of work shall carry out such modificationsnot exceed the Contract Price, to the extent required for conforming as may be adjusted in accordance with the provisions of this Agreement. 10.1.4 (v) The Contractor shall plan appoint a safety consultant (the project work by keeping Schedule-Ginto consideration in order “Safety Consultant”) to maximise carryout a safety audit at the cash flow and progress. However the Authority Engineer may modify/break up any design stage of the stage payment schedule(payment milestones) during execution if Project in accordance with the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority or due a panel of three (3) names of qualified and experienced firms from which the Authority may choose one (1) to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the factors Authority and the reasons for the same are furnished to the Contractor, the Contractor shall propose to the Authority a revised panel of three (3) names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the Large Industrial Building/Real estate development/ MMLP/ Bus Port/Smart city projects. The Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. (vi) The safety audit pursuant to Clause 10.1 (v) shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project and the Contractor shall forward to the Authority’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any works required by the Safety Consultant shall fall beyond the control scope of Schedule-B, Schedule-C or Schedule-D, the Contractor or shall make a report thereon and seek the instructions of the Authority for Change in Scope. For the avoidance of doubt, the Safety Consultant to any unforeseen circumstances. 10.1. 5Procurement of items should be planned engaged by the Contractor in consultation with shall be independent of the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If design and implementation team of the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own costContractor.

Appears in 1 contract

Sources: Engineering Procurement and Construction Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer has appointed its Project Management Consultant (the “Authority EngineerPMC”) for assisting it to discharge the functions and duties specified in this AgreementDesign, Develop, Manage, and shall notify Implement Smart City Project under Smart City Mission to be the Contractor independent consultant under this Agreement (the name“Independent Expert”), address until the expiry of the contract between the Authority and the date of appointment PMC. On expiry or termination of the aforesaid contract, the Authority Engineer forthwithmay in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-M to be the Independent Expert for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided. 10.1.4 The Contractor shall compute, however, that on the Authority may, within a period of 15 (fifteen) days of receipt basis of the ProgrammeDrawings prepared in accordance with Clause 10.2.4, convey its comments and provide to the Contractor stating Authority’s Engineer, the modificationslength, if anyarea and numbers, required as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for compliance estimating the interim payments for the Works in accordance with the provisions of this AgreementClause 19.3. For the avoidance of doubt, and the Contractor sum of payments to be computed in respect of all the items of work shall carry out such modificationsnot exceed the Contract Price, to the extent required for conforming as may be adjusted in accordance with the provisions of this Agreement. 10.1.4 10.1.5 The Contractor shall plan appoint a safety consultant (the project work by keeping Schedule-Ginto consideration in order “Safety Consultant”) to maximise carry out safety audit at the cash flow and progress. However the Authority Engineer may modify/break up any design stage of the stage payment schedule(payment milestones) during execution if Project in accordance with the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority or due a panel of three names of qualified and experienced firms from whom the Authority may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the factors Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of three names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. 10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project and the Contractor shall forward to the Authority’s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any works required by the Safety Consultant shall fall beyond the control scope of Schedule-B, Schedule-C or Schedule-D, the Contractor or shall make a report thereon and seek the instructions of the Authority for Change in Scope. For the avoidance of doubt, the Safety Consultant to any unforeseen circumstances. 10.1. 5Procurement of items should be planned engaged by the Contractor in consultation with shall be independent of the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If design and implementation team of the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own costContractor.

Appears in 1 contract

Sources: Draft Agreement for RFP for Beautification of Streets

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s Contractor‟s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 30 (fifteenthirty) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority‟s Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority‟s Engineer a programme/CPM Charts & Bar Charts programme (the “Programme”) for construction of the Works, developed using networking techniques and giving the following details: Part I Contractor‟s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor‟s key personnel and equipment. Part II Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and; (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s Contractor‟s obligations. ProvidedPart III Monthly cash flow forecast. 10.1.4 The Contractor shall compute, however, that on the Authority may, within a period of 15 (fifteen) days of receipt basis of the ProgrammeDrawings prepared in accordance with Clause 10.2.4, convey its comments and provide to the Contractor stating Authority‟s Engineer, the modificationslength, if anyarea and numbers, required as the case may be, in respect of the various items of work specified in Schedule-H and comprising the Scope of the Project. The Parties expressly agree that these details shall form the basis for compliance estimating the interim payments for the Works in accordance with the provisions of this AgreementClause 19.3. For the avoidance of doubt, and the Contractor sum of payments to be computed in respect of all the items of work shall carry out such modificationsnot exceed the Contract Price, to the extent required for conforming as may be adjusted in accordance with the provisions of this Agreement. 10.1.4 10.1.5 The Contractor shall plan appoint a safety consultant (the project work by keeping Schedule-Ginto consideration in order “Safety Consultant”) to maximise carry out safety audit at the cash flow and progress. However the Authority Engineer may modify/break up any design stage of the stage payment schedule(payment milestones) during execution if Project in accordance with the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable Applicable Laws and Good Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority or due a panel of three names of qualified and experienced firms from whom the Authority may choose one to be the Safety Consultant. Provided, however, that if the panel is not acceptable to the factors Authority and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Authority a revised panel of three names from the firms empanelled as safety consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the consent of the Authority for the key personnel of the Safety Consultant who shall have adequate experience and qualifications in safety audit of the highway projects. The Authority shall, within 15 (fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Safety Consultant. 10.1.6 The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety Consultant in respect of all such design details that have a bearing on safety of Users as well as pedestrians and animals involved in or associated with accidents. The recommendations of the Safety Consultant shall be incorporated in the design of the Project and the Contractor shall forward to the Authority‟s Engineer a certificate to this effect together with the recommendations of the Safety Consultant. In the event that any works required by the Safety Consultant shall fall beyond the control scope of Schedule-B, Schedule- C or Schedule-D, the Contractor or shall make a report thereon and seek the instructions of the Authority for Change in Scope. For the avoidance of doubt, the Safety Consultant to any unforeseen circumstances. 10.1. 5Procurement of items should be planned engaged by the Contractor in consultation with shall be independent of the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If design and implementation team of the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own costContractor.

Appears in 1 contract

Sources: Epc Agreement

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts work programme (the “Programme”) for construction organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following detailsdetails : (a) Part I : Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project floating material for providing floating Terminal facilities at various locations on NW – 2 (Brahmaputra River) on EPC mode Sept, 2021 Completion Schedule set forth in Schedule-J. The Programme shall include: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the Worksperformance of the Contract obligations, including the anticipated timing of design and stages of Works;, (b) iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause 10.2; and. (c) viii. the sequence and timing of inspections and tests specified in this Agreement ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement. x. any outside influence which will or may affect the Works (c) Part III : Monthly cash flow forecast. (B) The Works Programme shall show achievement of all Milestone Dates and shall be organised in a logical work-breakdown-structure including work stages and phases, and shall clearly indicate the critical path(s). (C) Each activity in the Works Programme shall be coded to indicate. a. Activity ID and Activity Code. b. The Authority’s Engineer may request additional activity coding to the extent available without restraint to the Contractor’s utilisation of the programme software. When requested the Contractor shall add the required additional coding to the Programme. The Contractor shall use additional code fields as requested to comply with the requirements and for the use of the Contractor. c. Activity duration shall not exceed two (2) weeks, unless otherwise consented to by the Engineer, except non-construction activities such as submittals, submittal reviews, procurement and delivery of materials or equipment and concrete curing. The Contractor shall submit a revised programme whenever Programme/Project Calendar cross reference clearly indicating the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required allowance for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreementholidays. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones(D) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.Baseline Physical Progress ‘S’ Curve

Appears in 1 contract

Sources: Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with the Applicable Laws and Applicable Permits. 10.1.2 (ii) The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Authority’s Engineer forthwith. 10.1.3 (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Authority’s Engineer a programme/CPM Charts & Bar Charts work programme (the “Programme”) for construction organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following detailsdetails : (a) Part I : Contractor’s organisation for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment. (b) Part II : Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include: i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the Worksperformance of the Contract obligations, including the anticipated timing of design and stages of Works;, (b) iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery, iv. any off-site work such as production or pre-fabrication of components, v. installation of temporary construction facilities, vi. construction activities of sub-contractors, vii. the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

Sources: Construction Contract

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer (the “Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: Part I Contractor’s organisation for the Project, the project execution plan indicating arrangements for design and construction i.e. engagement of design consultants, project phasing and sub-contracting,the general methods and arrangements for overall planning of design and construction, landscaping, acoustics, vibration minimization, traffic management, signages, Non-fare revenue (NFR) maximization from station area users, retail planning, interiors, façade, lighting etc., environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction, Contractor’s key personnel, and equipment. Part II Programme for completion of all stages of construction given in Schedule-G and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-I. The Programme shall include: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme previousprogramme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and flowand progress. However the Authority Engineer may AuthorityEngineermay modify/break up any of the the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority EngineerAuthorityEngineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf limitedshelf life may be procured in a staggered manner so that materials are utilized/consumed before consumedbefore its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

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

Design and Construction of the Project. 10.1 Obligations prior to commencement of Works 10.1.1 Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying and procurement of materials needed for the Project under and in accordance with Applicable Laws and Applicable Permits. 10.1.2 The Authority shall, within 15 (fifteen) days of the date of this Agreement, appoint anengineer an engineer (the “Authority Engineer”) to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority Engineer forthwith. 10.1.3 Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority Engineer a programme/CPM Charts & Bar Charts (the “Programme”) for construction of Works, developed using networking techniques and giving the following details: (a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of design and stages of Works; (b) the periods for reviews under Clause 10.2; and (c) the sequence and timing of inspections and tests specified in this Agreement. The Contractor shall submit a revised programme whenever the previous programme is inconsistent with the actual progress or with the Contractor’s obligations. Provided, however, that the Authority may, within a period of 15 (fifteen) days of receipt of the Programme, convey its comments to the Contractor stating the modifications, if any, required for compliance with the provisions of this Agreement, and the Contractor shall carry out such modifications, to the extent required for conforming with the provisions of this Agreement. 10.1.4 The Contractor shall plan the project work by keeping Schedule-Ginto consideration in order to maximise the cash flow and progress. However the Authority Engineer may modify/break up any of the stage payment schedule(payment milestones) during execution if the same is considered essential to speed up the progress or if the Contractor is not able to achieve a particular payment milestone due to the reasons/delays attributable to the Authority or due to the factors beyond the control of Contractor or to any unforeseen circumstances. 10.1. 5Procurement of items should be planned by the Contractor in consultation with the Authority Engineer. Procurement plan should be prepared in such a manner that those materials which have limited shelf life may be procured in a staggered manner so that materials are utilized/consumed before its expiry. If the material/product does not remain of required specifications at the time of its actual use, the same will be replaced by the Contractor with materials confirming to Specifications at his own cost.

Appears in 1 contract

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