Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period. 10.1 Obligations prior to commencement of Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits. (ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith. (iii) Work Programme (A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 4 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Development Period. 1. Faculty shall progress through a development period following the completion of the probationary period set forth in Article V.D if they have demonstrated the promise of being able to meet the standards normally expected of experienced faculty during the probationary period. The Contractor length of this development period shall be two (2) academic years of full-time work or the time agreed upon between ▇▇▇▇▇▇▇▇▇ and the faculty member at the time of hire.
a. Faculty may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned seek an extension of no more than one academic year for the development period through a written petition to the Contractor ▇▇▇▇▇▇▇ no later than 30 days prior to the end of their development period, with a copy to the Development Committee and Federation President. The ▇▇▇▇▇▇▇ will consider the good faith effort made by the Authority faculty member to enable construction successfully complete development period obligations. The ▇▇▇▇▇▇▇’▇ decision is final and not subject to grievance or arbitration provisions.
2. The purpose of the Project Highway immediately after signing development period is for the faculty member to consistently demonstrate the willingness and ability to meet the standards normally expected of the Agreement, to the extent that such work is ready for executionexperienced faculty.
3. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during Throughout the development period, the faculty member’s performance and productivity shall be reviewed by a Committee consisting of the faculty member’s ▇▇▇▇ and/or Associate ▇▇▇▇, a ▇▇▇▇ and/or Associate ▇▇▇▇ selected by the faculty member, and a ▇▇▇▇ and/or Associate ▇▇▇▇ appointed by the ▇▇▇▇▇▇▇. Vacancies in said committee shall be filled by the successor to the vacating member or by a person appointed by the appointer of the vacating member.
10.1 Obligations prior a. The ▇▇▇▇ and/or Associate ▇▇▇▇ of the school of the developing faculty member shall call the first meeting of the Development Committee no later than October 1 or February 1 of the relevant semester the individual begins the development period. At the first meeting the Development Committee and the faculty member shall discuss and collaboratively create a development plan that will serve as a guide to commencement successful academic and professional achievement through the development period. If it is appropriate, activity from the probationary period may be considered for inclusion in this plan. This plan, the Development Plan, will be documented in writing and signed by all committee members and the developing faculty.
b. The ▇▇▇▇ and/or Associate ▇▇▇▇ will meet with development period faculty at least once per semester to review progress towards achievement of Worksstated obligations and discuss other factors which may impact successful completion. This meeting may be part of the annual evaluation meeting.
c. At the midpoint of the development period, within thirty (i) Within 20 (twenty30) days of the Appointed Datebeginning of the third (3rd) semester of development, the Contractor shall:
(a) appoint Committee shall advise the faculty member in writing of its representative, duly authorised opinions as to deal the progress being made. The Committee shall regularly consult with the Authority regular appointment faculty in respect the faculty member’s program and/or school as part of all matters under said review and prior to the vote described in the next paragraph.
4. The candidate shall submit their summary report of accomplishments against the goals stipulated in the agreed to plan during the Development Period by March 1 or arising out November 1 of or relating the appropriate semester.
5. Prior to this Agreement;
(b) appoint the end of said last semester, the Committee shall vote on the question of whether the faculty member should be offered a design director (the “Design Director”) who will head the Contractor’s design unit regular appointment and shall forward its vote along with a statement of reasons in support of it to the ▇▇▇▇▇▇▇. If the vote is not unanimous, there shall be responsible for surveys, investigations, collection a separate statement of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permitsreasons from each side.
(ii) 6. The Authority shall, appoint an engineer (▇▇▇▇▇▇▇ shall review the “Authority’s Engineer”) before the Appointed Date to discharge the functions material submitted and duties specified in this Agreement, and shall notify make a recommendation to the Contractor President. The President’s decision shall be final subject to arbitration pursuant to Article IX of this Agreement as set forth below.
7. If a majority of the name, address Committee has not recommended regular appointment and the date of appointment President has concurred, then the President’s decision shall stand unless the Federation proves it is arbitrary or capricious. If a majority of the AuthorityCommittee has recommended regular appointment and the President has not concurred, then the Institute must prove by a preponderance of the evidence that the President’s Engineerforthwithdecision was correct.
(iii) Work Programme
(A) Within 30 (thirty) 8. Demands for arbitration under this procedure must be filed by the Federation within fourteen calendar days of the Appointed Date, the Contractor shall submit to the Authority and the Authorityfaculty member’s Engineer a work programme (the “Programme”) for organising and carrying out whole receipt of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and President’s adverse decision.
9. A faculty member who is not offered a regular appointment shall be present entitled to professional work for which they are qualified (if such is available) either in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent out of the Engineer, giving the following details :
(a) Part I : Contractor’s organisation bargaining unit for the Project, next semester paying in total no less than the general methods and arrangements faculty member’s base salary 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 equipmentthe preceding semester before being terminated.
(b) Part II :Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include:
i. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 63 of 159 Widening & Upgradation to 4-lane with paved shoulder from km 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised authorized to deal with the Authority in respect of all 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
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Draft Contract AgreementPage 58 of 146 Jammu-Akhnoor (P-III) Oct 2020 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 61 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near ▇▇▇▇▇▇▇▇▇ Pt.-I Village in the State of Assam on EPC Mode under ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Construction Contract
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
10.1 Obligations prior to commencement of Works
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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 Page 60 of 149 Completion Schedule set forth in Schedule-J. The Programme shall include:
i. Project Milestone Dates, ,
ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery,
iv. any off-site work such as production or pre-fabrication of components,
v. installation of temporary construction facilities,
vi. construction activities of sub-contractors,
vii. the periods for reviews under Clause10.2.
viii. the sequence and timing of inspections and tests specified in this Agreement
ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement.
x. any outside influence which will or may affect the Works
(c) Part III: Monthly cash flow forecast.
(B) The Works Programme shall show achievement of all Milestone Dates and shall be organised in a logical work-breakdown-structure including work stages and phases, and shall clearly indicate the critical path(s).
(C) Each activity in the Works Programme shall be coded to indicate.
a. Activity ID and Activity Code.
b. The Authority’s Engineer may request additional activity coding to the extent available without restraint to the Contractor’s utilisation of the programme software. When requested the Contractor shall add the required additional coding to the Programme. The Contractor shall use additional code fields as requested to comply with the requirements and for the use of the Contractor.
c. Activity duration shall not exceed two (2) weeks, unless otherwise consented to by the Engineer, except non-construction activities such as submittals, submittal reviews, procurement and delivery of materials or equipment and concrete curing. The Contractor shall submit a Programme/Project Calendar cross reference clearly indicating the allowance for holidays.
(D) Baseline Physical Progress ‘S’ Curve
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
10.1 Obligations prior to commencement of WorksWorks
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s EngineerforthwithEngineer forthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ,
ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery,
iv. any off-site work such as production or pre-fabrication of components,
v. installation of temporary construction facilities,
vi. construction activities of sub-contractors, vii. the periods for reviews under Clause 10.2.
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 62 of 154 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near ▇▇▇▇▇▇▇▇▇ Pt.-I Village in the State of Assam on EPC Mode under ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2023 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Construction Contract
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.. Page 61 of 148
10.1 Obligations prior to commencement of Works
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s EngineerforthwithEngineer forthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following details :
(a) Part I : :Contractor’s organisation organization for the Project, the general methods and arrangements for design and construction, environmental management plan, Quality Assurance Plan including design quality plan, traffic management and safety plan covering safety of users and workers during construction (including use of ‘ROBOTS’ for diversion and control of traffic), Contractor’s key personnel and equipment.
(b) Part II :II: Programme for completion of all stages of construction given in Schedule-H and Project Milestones of the Works as specified in Project Completion Schedule set forth in Schedule-J. The Programme shall include:
i. Project Milestone Dates, ,
ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
iii. procurement of major materials and the delivery and/or partial delivery date on-Site of principal items of Contractor's Equipment/Machinery,
iv. any off-site work such as production or pre-fabrication of components,
v. installation of temporary construction facilities,
vi. construction activities of sub-contractors,
vii. the periods for reviews under Clause10.2.
viii. the sequence and timing of inspections and tests specified in this Agreement
ix. the particulars for the pre-construction reviews and for any other submissions, approvals and consents specified in the Agreement.
x. any outside influence which will or may affect the Works
(c) Part III: Monthly cash flow forecast.
(B) The Works Programme shall show achievement of all Milestone Dates and shall be organised in a logical work-breakdown-structure including work stages and phases, and shall clearly indicate the critical path(s).
(C) Each activity in the Works Programme shall be coded to indicate.
a. Activity ID and Activity Code.
b. The Authority’s Engineer may request additional activity coding to the extent available without restraint to the Contractor’s utilisation of the programme software. When requested the Contractor shall add the required additional coding to the Programme. The Contractor shall use additional code fields as requested to comply with the requirements and for the use of the Contractor.
c. Activity duration shall not exceed two (2) weeks, unless otherwise consented to by the Engineer, except non-construction activities such as submittals, submittal reviews, procurement and delivery of materials or equipment and concrete curing. The Contractor shall submit a Programme/Project Calendar cross reference clearly indicating the allowance for holidays.
(D) Baseline Physical Progress ‘S’ Curve
(E) Baseline Resource Charts
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 59 of 146 “Construction of 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 continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode. (2nd Call)” Feb 2024 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Construction Contract
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 61 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near ▇▇▇▇▇▇▇▇▇ Pt.-I Village in the State of Assam on EPC Mode under ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ in Economic Corridors (Project Length – 11.8 km)” (2nd Call) Feb 2023 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Construction Contract
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period. Contract AgreementPage 59 of 146 “Construction of 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 continuing upto km 9.840 of NH- 102A (Package-1, Length-6.571 km) in the State of Manipur on EPC mode.
” Dec 2023 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Construction Contract
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to A. PDUS shall be the Contractor by the Authority to enable construction Manager of the Project Highway immediately after signing of business relationship between the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
10.1 Obligations prior to commencement of Works
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director parties (the “Design DirectorVenture”) who will head under the ContractorJoint Venture Agreement. PDUS shall, at any time during a period of 3 years following the date that PDUS exercises the Acquisition Right (the “Decision Period”) have the right to notify MUI of PDUS’s design unit election to earn an additional 10% interest in the Property (the “Additional Interest”). In order to earn the Additional Interest, PDUS must complete or arrange for the completion of a Feasibility Study (as defined in the attached Exhibit F) at its sole expense at any time during a period of three years after the date of MUI’s receipt of PDUS’s notice of such election (the “Completion Period”; such Completion Period subject to extension due to events of force majeure). In addition, PDUS may extend the time by which it must have completed the Feasibility Study for one additional year by providing notice to MUI not later than 90 days prior to the end of the Completion Period. PDUS shall have the right to decide and notify MUI at any time after notifying MUI of its election to complete the Feasibility Study that it no longer wishes to acquire the Additional Interest.
B. During the Decision Period, PDUS shall be responsible obligated to incur Work Expenditures of not less than $22,500 annually on or for surveys, investigations, collection the benefit of datathe Property. During the Decision Period, and preparation of preliminary thereafter if PDUS elects to earn the Additional Interest, PDUS shall have no obligation to prepare Programs and detailed designs;
Budgets until it has earned (cor elected not to earn) undertake and perform all such actsthe Additional Interest. If PDUS fails to meet that minimum Work Expenditure requirement in any year during the Decision Period, deeds and things as it may be necessary or required before commencement of Works under and in accordance with this Agreement, make up the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and shortfall in accordance with the Applicable Laws and Applicable Permitsprovisions of paragraph II.C.1. PDUS will fund all Venture operations through completion of the Feasibility Study or until PDUS determines it no longer desires to earn the Additional Interest.
C. After completion of a Feasibility Study, MUI shall have the option (in its sole discretion) to request that PDUS earn an additional 5% interest in the Property (the “Supplemental Additional Interest”) by PDUS arranging (at its sole election) for financing for MUI’s share of ongoing expenditures for the construction and development of a mine at the Property, or project financing for the construction and development of a mine at the Property, rather than MUI being required to directly finance or fund its share of the costs of such construction and development. MUI agrees that it will make the request to PDUS that PDUS acquire the Supplemental Additional Interest not later than 120 days after PDUS delivers a completed Feasibility Study to MUI. If MUI timely ▇▇. ▇▇▇▇▇▇ ▇. Higgs November __, 2005 Page 17 makes that request, PDUS shall use reasonable good faith efforts to arrange for financing for MUI or to arrange for such project financing; provided, however, that PDUS shall have no obligation to arrange for any such financing that PDUS’s Board of Directors, acting in its normal course, is unwilling to approve. If PDUS is unable to arrange for such financing, PDUS shall notify MUI, and the Participating Interests shall remain PDUS-70% / MUI-30%. If PDUS arranges for such financing, it shall be entitled to recover MUI’s share (25%) of (i) the amount borrowed, (ii) The Authority shallall costs associated with such financing (including without limitation attorney’s fees, appoint an engineer consultant’s fees, and fees payable to any lender and that lender’s attorneys and consultants), and (iii) interest on the foregoing amount at a rate to be determined by a mutually agreeable independent third party (collectively, the “AuthorityCarried Amount”), from 80% of MUI’s Engineer”share of net cash flow from operations from the Property, beginning on the date of commencement of commercial production from the Property. To secure repayment of the Carried Amount, MUI shall grant to PDUS, simultaneous with the execution of the Joint Venture Agreement, a first priority security interest (subordinate only to the lender with whom PDUS arranges the project financing) before in MUI’s Participating Interest in the Appointed Date to discharge the functions and duties specified in this Joint Venture Agreement, and shall notify execute and deliver to PDUS a mortgage or deed of trust, U.C.C. Financing Statements, and such other documents as PDUS may deem reasonably necessary to perfect that security interest. That security interest will remain in place until PDUS has fully recovered the Carried Amount. PDUS’s security interest described above will be in addition to the Contractor security interests the nameParties grant to each other to secure the performance of their respective obligations under the Joint Venture Agreement.
D. PDUS shall be the Manager under the Joint Venture Agreement and will be compensated with a management fee calculated as set forth in the Joint Venture Agreement.
E. 1. If PDUS fails or elects not to timely complete a Feasibility Study, address and then the date of appointment Participating Interest percentages of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of Participants in the Appointed DateProperty shall remain PDUS – 60%, MUI – 40%, PDUS shall remain the Contractor shall submit to Manager under the Authority Joint Venture Agreement, and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and each Participant shall be present in bar chart required to fund its proportionate share of Programs and time-scaled network diagram format to Budgets. In that event, for a weekly or monthly time scale for review and consent period of three years after the Engineer, giving the following details :
end of (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.
Decision Period or (b) Part II :Programme for completion of the date MUI receives notice that PDUS has elected not to earn the Additional Interest, MUI shall have a one-time option to become the Manager under the Venture and fund all stages of construction given in Schedule-H and Project Milestones Operations of the Works as specified in Project Completion Schedule set forth in ScheduleVenture from the date MUI exercises that option for a period of three years thereafter (such three-J. The Programme year period subject to extension due to events of force majeure). If MUI completes the Feasibility Study within that three-year period, the Participants’ Participating Interests shall include:
i. Project Milestone Datesbe converted to MUI - 70%, ii. PDUS - 30%, and thereafter each Participant shall be required to fund its proportionate share of Programs and Budgets, subject to the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,Joint Venture Agreement’s dilution provisions.
Appears in 1 contract
Sources: Exploration and Development Agreement (Miranda Gold Corp)
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 59 of 149 “Four laning of Silchar - Dhanehari section (Package-1) from Existing Chainage km 263+800 of NH 37 to km 12+920 of NH 306 (Design Chainage km 0+000 to km 20+000) on Silchar - Vairengte - Sairang road in the State of Assam under Bharatmala Pariyojna on EPC mode. (Project Length – 20.00 km)” Nov 2022 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
; (b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
; (c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
. Contract AgreementPage 62 of 157 Widening & Upgradation to 2-lane with paved shoulder from km 39.450 (start of Pahalgam Bypass) to km 60.680 (Chandanwadi), Package-III of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 Article 10 Design and Construction of the Project Highway 10.1 Obligations prior to commencement of Works
Works (i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
: (a) appoint its representative, duly authorised authorized to deal with the Authority in respect of all 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
and (d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s Engineerforthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Contract Agreement
Development Period. The Contractor may commence pre-construction activities like utility shifting, boundary wall construction or any other activity assigned to the Contractor by the Authority to enable construction of the Project Highway immediately after signing of the Agreement, to the extent that such work is ready for execution. The Parties agree that these works may be taken up and completed to the extent feasible by the Contractor, before declaration of the Appointed Date, but no claim against the Authority for delay shall survive during this period and that the undertaking of these works by the Contractor shall not count towards the Scheduled Construction Period of the project which starts counting only from the Appointed Date. No construction activity of the Project Highway shall be undertaken during the development period.
10.1 Obligations prior to commencement of WorksWorks
(i) Within 20 (twenty) days of the Appointed Date, the Contractor shall:
(a) appoint its representative, duly authorised to deal with the Authority in respect of all matters under or arising out of or relating to this Agreement;
(b) appoint a design director (the “Design Director”) who will head the Contractor’s design unit and shall be responsible for surveys, investigations, collection of data, and preparation of preliminary and detailed designs;
(c) undertake and perform all such acts, deeds and things as may be necessary or required before commencement of Works under and in accordance with this Agreement, the Applicable Laws and Applicable Permits; and
(d) make its own arrangements for quarrying of materials needed for the Project Highway under and in accordance with the Applicable Laws and Applicable Permits.
(ii) The Authority shall, appoint an engineer (the “Authority’s Engineer”) before the Appointed Date to discharge the functions and duties specified in this Agreement, and shall notify to the Contractor the name, address and the date of appointment of the Authority’s EngineerforthwithEngineer forthwith.
(iii) Work Programme
(A) Within 30 (thirty) days of the Appointed Date, the Contractor shall submit to the Authority and the Authority’s Engineer a work programme (the “Programme”) for organising and carrying out whole of the Works, developed using computerized Critical Path Method (CPM) networking techniques, using the Precedence Diagramming Method (PDM) and shall be present in bar chart and time-scaled network diagram format to a weekly or monthly time scale for review and consent of the Engineer, giving the following 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. Project Milestone Dates, ii. the order in which the Contractor intends to carry out all physical work to be undertaken in the performance of the Contract obligations, including the anticipated timing of design and stages of Works,
Appears in 1 contract
Sources: Contract Agreement