BWSN EPC Schedules
BWSN EPC Schedules
BWSN EPC Schedules
FOR
ON
PART 1
March, 2018
SCHEDULES
to
EPC AGREEMENT
PART-I
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SCHEDULE-A
Schedule A- Annex IA
RAILWAY STATION
wheelers,
bicycle,
TSR, Taxi
and Bus.
9 Landscaping Z-1N 28091.00
Total 2,46,653.0
Schedule A Annex 1B
STAFF QUARTERS & UTILITIES
1. Proposed land for Railway Staff Quarters:
Approx.
S.
Particulars Zone Area Drawing no. Remarks
No.
(sq. m)
Not included in
BWSN-MP-KD4-ARC-PLN-
Railway scope of work
1 Staff Z-2 24,104 103 of Schedule-I of EPC
of the
Quarters Agreement under Volume – II.
Contractor
Approx.
S.
Particulars Zone Area Drawing no. Remarks
No.
(sq. m)
Water Treatment
1 U-1 350
Plant
RCC
2 Underground U-2 350
Water Tank BWSN-MP-KD4-ARC- Project utilities are
RCC Overhead PLN-103 of Schedule- for station
3 U-3 70
Water Tank
I of EPC Agreement development
Electrical Sub- under Volume – II. project only
4 U-4 2,000
station
Sewage
5 U-5 3,000
Treatment Plant
Total 5,770
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Schedule A Annex 1E
RAILWAY OPERATIONAL YARD
Approx.
S.
Particulars Zone Area Drawing no. Remarks
No.
(sq. m)
BWSN-MP-KD4-ARC-
Exclusive
PLN-103 of Schedule-I
Railway use of
1
operational yard
Z-4 3,94,710.10 of EPC Agreement
Railways
under Volume – II.
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Schedule A- Annex 1G
SUMMARY TABLE
S. Approxima
Description Zone Zone Marked on the Plan
No. te area (m2)
1 Station Development Project Z-1 Refer drawing no. BWSN- 2,46,653.00
2 Redevelopment Project MP-KD4-ARC-PLN-103 29,874.00
2.1 Railway Staff Quarters Z-2 R2 of Schedule-I of EPC 24,104.00
2.2 Project Utilities as defined in U-1 to Agreement under Volume 5,770.00
Schedule 1B above U-5 – II
3 Commercial Development Project Z-3 2,28,549.60
4 Railway Development Project Z-4 3,94,710.10
5 Reserve Land (excluding project Z-5 3,92,546.00
utilities area)
6 Encumbrance Area Z-6 1,29,125.00
7 Temporary establishments Z-7 8,000.00
(Temporary Office, storage, Bar
bending yard, batching Plant,
Contractors’ Labour Camp etc. to
be handed over back by
Contractor after construction
period)
8 Vacant Land (area available for Z-8 24,463.00
future expansion of the station
building and other developments
in Phase-2)
Total 14,53,920.0
0
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Schedule A Annex 1H
MASTER PLAN
1. Master Plan as per drawing no. N.R.H.Q.E. Plan No. HQ/03/01-2015 (Approved by
Northern Railways) and BWSN-F-07 (Approved by UTTIPEC) which are enclosed in
Schedule-I under Volume – II of the EPC Agreement.
2. The present scope of work is limited as per Master Plan drawing no. BWSN-MP-
KD4-ARC-PLN-101 which is the part drawing of N.R.H.Q.E. Plan No. HQ/03/01-2015.
Note:- Contractor may note that design and construction of the station development shall
be modular in nature so that the station building could be expanded to full scale as per
the master plan in drawing no. N.R.H.Q.E. Plan No. HQ/03/01-2015.
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SCHEDULE-B
Development of the Project shall include construction of the Project as described in this
Schedule-B and in Schedule-C.
2. Construction of Project
As per the Specifications standards and scope of the project outlined in the agreement.
3. Project Facilities
The Project shall be designed and constructed in conformity with the Specifications and
Standards specified in Schedule-D.
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Annex - I
(Schedule-B)
SCOPE OF PROJECT
a. Station Building to be constructed on Station Development land and Airspace, shall have
a Built-up Area of at least 44,460 sq. m
b. Roof cover complete concourse and Station building above First Floor with an
approximate area of 20,470.0 sq. m. Refer drawing no. BWSN-RS-KD4-ARC-PLN-102
and BWSN-RS-KD4-ARC-SEC-200 of Schedule-I of EPC Agreement under Volume –
II 2
c. Designing, fabricating, testing, protection, installing and fixing in position semi (grid)
unitized system of double glass structural glazing as per specification (with open joints)
for the station building with an approximate surface area of 6,800 sq. m. Refer drawing
no. BWSN-RS-KD4-ARC-ELE-300 of Schedule-I of Development Agreement under
Volume – II
d. Furnishing and finishing of all the floors of the station building which shall include
flooring, partitions (except retail/ commercial/ kiosks for which modular provision for
water supply and electrical facilities shall be made to allow flexibility in seating
arrangement and retail), plastering, internal conduiting for telephone, computer and
power supply including power plugs/ switches/ regulator, electrical fixtures, lighting
1
Amended as per Corrigendum No 5 dated 07.06.2018
2
Amended as per Corrigendum No 4 dated 25.05.2018
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fixtures, piping for water supply and sanitary, painting, railings, water supply and sanitary
fixtures etc. Internal partitions indicated in commercial/retail areas in station buildings
shall not be a part of Mandatory Project. However, the plumbing, electrical, water supply
arrangements shall be made for commercial/retail and passenger seating to provide
flexibility of layout arrangements. For the purpose of guidance, Refer drawing nos.
BWSN-RS-KD4-ARC-PLN-100-R1 to 102, BWSN-RS-KD4-LTG-PLN-100 to 102 for
lighting, BWSN-RS-KD4-PHE-PLN-100 to 102 for water supply and BWSN-RS-KD4-
DR-PLN-100 to 107 for station drainage and sanitary fixtures in Schedule-I of EPC
Agreement under Volume – II and other specifications mentioned elsewhere in the EPC
Agreement. 3 BWSN-RS-KD4-ARC-PLN-100-R1
e. Station Building structure shall have extra provision for earthquake resisting forces,
heavy loading and larger spans. Refer item no. (a) above.
f. Roof coverings with steel structure of approved shape for staircases & escalators from
Platform level to First floor level and all FOBs with an approximate area of 3,320 sq. m.
Refer drawing no. BWSN-RS-KD4-ARC-PLN-101 to 102 of Schedule-I of EPC
Agreement under Volume – II.
g. Flooring & finishing of Platforms using vacuum dewatered concrete flooring of approved
mix M30 (min. 125 mm thick) with temperature reinforcement and Tactile flooring to meet
divyang friendly design in approximate floor area of 18,100 sq.m. and Granite/Kota stone
flooring on 200 m length symmetrically on either side (100 m on both sides from
centreline of concourse) in approximate floor area of 11,400 sq.m., including any
repairs/residual works after basic civil structure is constructed by the Railway 4.
h. Flooring & finishing of ramps and staircases to subways including any repairs/residual
works after basic civil structure is constructed by the Railway in approximate floor area
of 5,600 sq.m using 40mm thick Kota stone including provision of Kota dado work, wall
painting and SS railing as per design along with Tactile flooring to meet divyang friendly
design 5.
3
Amended as per Corrigendum No 4 dated 25.05.2018
4
Amended as per Corrigendum No 7 dated 02.07.2018
5
Amended as per Corrigendum No 7 dated 02.07.2018
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i. Platform shelter roofing of 22,810 sq. m. respectively. Refer drawing nos. BWSN-RS-
KD4-ARC-DET-412 to 414 of Schedule-I of EPC Agreement under Volume – II 6.
j. Flooring & Finishing work for Tunnels / Subway (4 nos.) using vacuum dewatered
concrete flooring of approved mix M30 (min. 125 mm thick) with temperature
reinforcement and tactile flooring to suit divyang friendly design 7, dado work of Granite
stone and painting with an approximate internal floor area of 8,955.0 sq .m. Refer
drawing no. BWSN-RS-KD4-ARC-PLN-100-R1 of Schedule-I of EPC Agreement under
Volume – II including complete MEPF, signages, lighting work, drainage system of
Tunnels/Subway etc. along with any residual/repair works after construction of basic civil
structure is constructed by the Railway.
k. Site development for an approximate area of 2,13,486 sq. m which includes the
following:
i. Leveling
ii. Internal Roads and Paths
iii. Sewer, Filter Water Supply and Storm Water Drainage
iv. Landscaping / Horticulture operations
v. Street Lighting with LED 8 lamps
vi. Signages
vii. Retaining wall with an approximate surface area of 2700 sq. m along the station edge
for sunken road
viii. Excavation, cutting and filling for construction of sunken road, ramps and retaining wall
complete.
ix. Roof coverings for Covered walkways with an approximate area of 3040 sq. m which
include walkway upto existing metro station (Dwarka – 21) and departure plaza of station 9.
Refer drawing no. BWSN-MP-KD4-ARC-PLN-103 R2 and for point no. (viii) refer drawing
no. BWSN-RS-KD4-ARC-SEC-200 of Schedule-I of EPC Agreement under Volume – II.
6
Amended as per Corrigendum No 4 dated 25.05.2018
7
Amended as per Corrigendum No 7 dated 02.07.2018
8
Amended as per Corrigendum No 4 dated 25.05.2018
9
Amended as per Corrigendum No 4 dated 25.05.2018
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l. Landscaping 10 (except civil works), art works (including installation), furniture for Station/
offices such as benches, tables, chairs, almirah, etc., façade lighting (over and above
that is required for maintaining necessary lux levels) and cost of shifting of utilities for a
sum of approx. Rs. 7 Crore (Rupees Seven crore only), (herein after referred to as the
“Provisional Sum”. The design and type of items to be provided shall be submitted by
the Contractor and approved by Authority. The payment for items actually provided
under these Provisional Sum items shall be made following the procedure given in Article
13 (Change of Scope) of EPC Agreement.
m. All damages11 caused during dismantling or retrofitting or construction, on existing
infrastructure/structure like flooring damage, and structure damage etc. shall be repaired
by the contractor.
Schedule B Annex 1B
Scope of relocation of existing facilities
Schedule B Annex 1C
The Contractor shall develop the following as a part of the Station Development Project:
Refer drawing no. BWSN-RS-KD4-ARC-DET-404 to 406 of Schedule-I of EPC Agreement
under Volume – II. The proposed parking for the Station shall be on surface with Bitumen /
Paver blocks/ Concrete / Kerb stone as per approved specification:
10
Amended as per Corrigendum No 4 dated 25.05.18
11
Amended as per Corrigendum No 5 dated 07.06.18
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Schedule B Annex 1D
Schedule B Annex 1E
Scope of Station Facilities
Without prejudice to the other terms of this Agreement the Contractor shall provide following
services, amenities and facilities at the Station Development Project:
a. Underground Floor (refer drawing no. BWSN-RS-KD4-ARC-PLN-100-R1 of Schedule-I
of EPC Agreement under Volume-II)
S. Tag Description Nos. Area provided for
No. each in Sq. M
1 1 Arrival hall 1 4214.55
2 2 Toilet 2 129.97
3 3 Janitor's room 2 24.51
4 4 Machine room 2 24.51
5 5 Parcel Storage and 1 2174.75
movement
6 6 Railway facilities (Space 1 3619.27
for offices)
7 7 Retail and commercial 2 38.78
8 7A Retail and commercial 2 72.48
9 7B Retail and commercial 2 54.80
10 7C Retail and commercial 2 86.75
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12
Amended as per Corrigendum No 5 dated 07.06.2018
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d. Other Items
S. No. Description Nos. Remarks
Loose Furniture
1 Public Seating - As per
requirement under
Provisional Sum 13
2 Work Stations
3 Office Chairs
Scanning System and Equipment
1 Personal Baggage Scanning 4
System
2 Multi-zone Door Frame Metal 8
Detectors (DFMD)
3 Hand Held Metal Detector (HHMD) 10
13
Amended as per Corrigendum No 4 dated 25.05.2018
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Contractor to supply and install , testing and commissioning of IP based CCTV system of
the building security comprising of PTZ, fixed camera, cabling, recording, display system
and hardware and software support. It includes basement, subway/ tunnels, ramps and
staircases, ground floor, first floor/ concourse, parking/ circulating areas and platforms.
Refer drawing nos. BWSN-MP-KD4-ARC-PLN-101, BWSN-MP-KD4-ARC-PLN-100 to 102
and BWSN-CP-KD4-ARC-PLN-001, BWSN-CP-KD4-ARC-PLN-010 to 014 and BWSN-CP-
KD4-ARC-PLN-020 to 024 for Parking / Circulating areas in Schedule-I of EPC Agreement
under Volume – II.
[Note: The items for the systems requirement mentioned above are not comprehensive and may
vary depending upon the requirement of the systems proposed in the detailed design.]
The Contractor shall ensure that the Project shall adhere to and comply with the below set
requirements:
1. For station concourse, the clear height between bottom of lowest beam of station
concourse and the rail level indicated in schedule I (drawings) shall be governed by
report approved by RDSO vide letter no. TI/OHE/GA/2017 dated 31.08.217 (letter at
Annexure 1 of this corrigendum and full report at www.irsdc.com). All necessary
arrangements for providing OHE as per existing/ future railway requirements shall be
made by the Contractor. The design of the concourse and beam shall be with
appropriate loads for providing OHE. The arrangements shall be got approved from
Railways by the Contractor. All associated works such as earthing, protection from
bird menace and other measures stipulated by Railways shall be deemed to be
included in the scope of Work. However, the work of modification of OHE in the power
and traffic block shall be taken up by Railways with all associated costs for execution
of work by Railways to be borne by the Contractor. All necessary coordination, safety
precautions required to take up these works shall be the sole responsibility of the
Contractor. IRSDC shall assist wherever possible 14.
2. The Concourse and all Public areas under the scope of work shall be designed,
detailed and provided for such that bird menace is ruled out.
14
Amended as per Corrigendum No 4 dated 25.05.2018
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SCHEDULE-C
PROJECT UTILITIES
Without prejudice to the other terms of this Agreement the Contractor shall develop/
redevelop the following services, amenities and facilities as a part of the Project:
1. Water supply for the Station Development Project shall be arranged by the
Contractor from the available water source (source of water from Delhi Jal
Board/Bore well/ Pond). Incoming connection and associated pipe works shall be
done by the Contractor.
2. Water metering for Station Development Project shall be separate.
3. Water requirement for the Station development:
Water requirement Proposed construction of Water tanks
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Contractor to design and construct the rain water harvesting system including construction
of pits , manholes, chambers, drainage pipeline network and connections ets.as per Central
ground water board norms and specification.
Rain water harvesting shall be provided in the mandatory project land including the site.
Roof top of station building and platform shelter is available for potential harnessing of
solar energy. Suitable provisions shall be made on roof top for facilitating installation of
solar panels.
Part F: HVAC
Contractor to develop and install the HVAC system which shall include air-conditioning
(VRF/ VRV type Air Conditioning System) for these areas – Accounts Office, Dispensary,
Station Superintendent, Duty Officer, Medical Centre, CCTV Surveillance Room, Tourist
Information Centre, Enquiry Desk/ Platform Ticket Desk, Ticket Collector's Lounge, Booking
Office, Station Master Room, Surveillance Room, Business Lounge, VIP Lounge and
Reserved Waiting Area. Refer drawing nos. BWSN-RS-KD4-HVAC-PLN-101 and 102 of
Schedule-I of EPC Agreement under Volume – II
Concourse areas shall have adequate systems using advanced techno-economic solutions
other than air-conditioning systems, to achieve ambient temperature during the hot weather
conditions (i.e., 40 degree Centigrade and above) around 10 degree Centigrade below the
outside air temperature, to ensure comfort for the railway station users 15.
15
Amended as per Corrigendum No 5 dated 07.06.2018
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Contractor to supply, install, testing and commissioning of Fire Alarm system, wet riser and
sprinkler system and manual Fire extinguisher as required and approved by the local fire
authority requirement. Wet riser area shall include Underground Floor/ Basement, Ground
Floor, First Floor, Subways and Platforms. Sprinkler system and Fire Alarm System area
shall include Underground Floor/ Basement including FOB, Ground Floor, and First Floor
including concourse/ airspace. Refer drawing no. BWSN-RS-KD4-FP-PLN-100 to 105 of
Schedule-I of EPC Agreement under Volume – II.
[Note: The scope of work mentioned in the sub-schedules above is minimum, shall
include, but not limited to as specified herein to fulfil the Contractor’s overall contractual
obligations]
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SCHEDULE-D
(See clause 2.1)
Refer Schedules to EPC Agreement -Part 2 of Request for Proposal for Standards and
Specifications.
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SCHEDULE-E
Not Used
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SCHEDULE-F
APPLICABLE PERMITS
1. Applicable Permits
1.1. The Contractor shall obtain; as required under the Applicable Laws; the following Applicable
Permits:
(i) Permission of State Government for extraction of earth, boulders from quarry.
(ii) Permission of Pollution Control board for installation of crusher, concrete batching
plant, bitumen/asphalt hot mix plant etc.
(iii) Permission of the relevant department of Delhi Government/State Government for
drawing water from Underground/River/Reservoir
(iv) Clearance of Pollution Control board for installation of diesel generator sets;
(v) Final approval from DUAC
(vi) Fire safety clearance from fire authority
(vii) Forest clearance for cutting trees (if required) 16;
(viii) Labour officer for labour license;
(ix) Taxation Department for VAT/PAN/TAN;
The aforesaid list is illustrative, and the Contractor is required to obtain all other Applicable
Permits as required under any Applicable Law. The contractor shall at all times, obtain and
maintain all Applicable Permits which are required by Applicable Law to undertake the
Project.
16
Amended as per Corrigendum No 3 dated 04.05.2018
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17
Amended as per Corrigendum No 4 dated 25.05.2018
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SCHEDULE-G
Annex - I
(See Clause 7.1.1)
Performance Security
WHEREAS:
A. ……………………(hereinafter called the “Contractor") and the [.](hereinafter called the
“Authority”) have entered into an agreement (hereinafter called the “Agreement”) for the
construction of the …………………..; subject to and in accordance with the provisions of
the Agreement.
B. The Agreement requires the Contractor to furnish a Performance Security for due and faithful
performance of its obligations; under and in accordance with the Agreement; during the
{Construction Period and Defects Liability Period } (as defined in the Agreement) in a sum
of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee Amount”).
C. We; ………………….. through our branch at …………………. (the “Bank”) have agreed
to furnish this bank guarantee (hereinafter called the “Guarantee”) by way of Performance
Security.
NOW; THEREFORE; the Bank hereby; unconditionally and irrevocably; guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance
of the Contractor’s obligations during the {Construction Period and Defects Liability Period }
under and in accordance with the Agreement; and agrees and undertakes to pay to the Authority;
upon its mere first written demand; and without any demur; reservation; recourse; contest or
protest; and without any reference to the Contractor; such sum or sums up to an aggregate sum
of the Guarantee Amount as the Authority shall claim; without the Authority being required to
prove or to show grounds or reasons for its demand and/or for the sum specified therein.
2. A letter from the Authority; [.]]; that the Contractor has committed default in the due and faithful
performance of all or any of its obligations under and in accordance with the Agreement shall be
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conclusive; final and binding on the Bank. The Bank further agrees that the Authority shall be
the sole judge as to whether the Contractor is in default in due and faithful performance of its
obligations during and under the Agreement and its decision that the Contractor is in default
shall be final and binding on the Bank; notwithstanding any differences between the Authority
and the Contractor; or any dispute between them pending before any court; tribunal; arbitrators
or any other authority or body; or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee; the Authority shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Contractor and/or the Bank;
whether by their absorption with any other body or corporation or otherwise; shall not in any way
or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary; and the Bank hereby waives any necessity; for the Authority to proceed
against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The Authority shall have the liberty; without affecting in any manner the liability of the Bank under
this Guarantee; to vary at any time; the terms and conditions of the Agreement or to extend the
time or period for the compliance with; fulfillment and/ or performance of all or any of the
obligations of the Contractor contained in the Agreement or to postpone for any time; and from
time to time; any of the rights and powers exercisable by the Authority against the Contractor;
and either to enforce or forbear from enforcing any of the terms and conditions contained in the
Agreement and/or the securities available to the Authority; and the Bank shall not be released
from its liability and obligation under these presents by any exercise by the Authority of the liberty
with reference to the matters aforesaid or by reason of time being given to the Contractor or any
other forbearance; indulgence; act or omission on the part of the Authority or of any other matter
or thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the Agreement
or for the fulfillment; compliance and/or performance of all or any of the obligations of the
Contractor under the Agreement.
7. Notwithstanding anything contained hereinbefore; the liability of the Bank under this Guarantee
is restricted to the Guarantee Amount and this Guarantee will remain in force for the period
specified in paragraph 8 below and unless a demand or claim in writing is made by the Authority
on the Bank under this Guarantee all rights of the Authority under this Guarantee shall be
forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****. Unless a demand or claim under
this Guarantee is made in writing before expiry of the Guarantee; the Bank shall be discharged
from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency; except with the previous
express consent of the Authority in writing; and declares and warrants that it has the power
to issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request; demand or otherwise hereunder may be sent by post addressed
to the Bank at its above referred branch; which shall be deemed to have been duly authorised
to receive such notice and to effect payment thereof forthwith; and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice; when given by post; it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Authority
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11. This Guarantee shall come into force with immediate effect and shall remain in force and effect
for up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Agreement.
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
NOTES:
(i) The bank guarantee should contain the name; designation and code number of the officer(s)
signing the guarantee.
(ii) The address; telephone number and other details of the Head Office of the Bank as well as
of issuing Branch should be mentioned on the covering letter of issuing Branch.
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Annex – II
(SCHEDULE-G)
(See Clause 7.5.3)
WHEREAS:
A. ……………………(hereinafter called the “Contractor") has executed an agreement
(hereinafter called the “Agreement”) with ______ (hereinafter called the “Authority”) for the
construction of the ………………..; subject to and in accordance with the provisions of the
Agreement.
B. In accordance with Clause 7.5.3 of the Agreement; the Contractor may withdraw the
retention money (hereinafter called the “Retention Money”) after furnishing to the Authority
a bank guarantee for an amount equal to the proposed withdrawal.
C. We; ………………….. through our branch at …………………. (the “Bank”) [this bank
guarantee is to be issued by a nationalized bank] have agreed to furnish this bank guarantee
(hereinafter called the “Guarantee”) for the amount of Rs. --------- cr. (Rs.------------crore) (the
“Guarantee Amount”).
NOW; THEREFORE; the Bank hereby unconditionally and irrevocably guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably undertakes to pay to the Authority; upon
its mere first written demand; and without any demur; reservation; recourse; contest or
protest; and without any reference to the Contractor; such sum or sums up to an aggregate
sum of the Guarantee Amount as the Authority shall claim; without the Authority being
required to prove or to show grounds or reasons for its demand and/or for the sum specified
therein.
2. A letter from the Authority; under the hand of [.]; that the Contractor has committed default
in the due and faithful performance of all or any of its obligations for under and in accordance
with the Agreement shall be conclusive; final and binding on the Bank. The Bank further
agrees that the Authority shall be the sole judge as to whether the Contractor is in default in
due and faithful performance of its obligations during and under the Agreement and its
decision that the Contractor is in default shall be final; and binding on the Bank;
notwithstanding any differences between the Authority and the Contractor; or any dispute
between them pending before any court; tribunal; arbitrators or any other authority or body;
or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee; the Authority shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/or the
Bank; whether by their absorption with any other body or corporation or otherwise; shall not
in any way or manner affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary; and the Bank hereby waives any necessity; for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
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5. The Authority shall have the liberty; without affecting in any manner the liability of the Bank
under this Guarantee; to vary at any time; the terms and conditions of the Retention Money
and any of the rights and powers exercisable by the Authority against the Contractor; and
either to enforce or forbear from enforcing any of the terms and conditions contained in the
Agreement and/or the securities available to the Authority; and the Bank shall not be
released from its liability and obligation under these presents by any exercise by the Authority
of the liberty with reference to the matters aforesaid or by reason of time being given to the
Contractor or any other forbearance; indulgence; act or omission on the part of the Authority
or of any other matter or thing whatsoever which under any law relating to sureties and
guarantors would but for this provision have the effect of releasing the Bank from its liability
and obligation under this Guarantee and the Bank hereby waives all of its rights under any
such law.
7. Notwithstanding anything contained hereinbefore; the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is
made by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect 90 (ninety) days after the date of the
Completion Certificate specified in Clause 12.4 of the Agreement.
9. The Bank undertakes not to revoke this Guarantee during its currency; except with the
previous express consent of the Authority in writing; and declares and warrants that it has
the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.
10. Any notice by way of request; demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch; which shall be deemed to have been
duly authorised to receive such notice and to effect payment thereof forthwith; and if sent by
post it shall be deemed to have been given at the time when it ought to have been delivered
in due course of post and in proving such notice; when given by post; it shall be sufficient to
prove that the envelope containing the notice was posted and a certificate signed by an
officer of the Authority that the envelope was so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force and
effect up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Agreement.
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
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NOTES:
(i) The bank guarantee should contain the name; designation and code number of the officer(s)
signing the guarantee.
(ii) The address; telephone number and other details of the Head Office of the Bank as well as of
issuing Branch should be mentioned on the covering letter of issuing Branch.
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SCHEDULE-H
Contract Price
1.1. The Contract Price for this Agreement is Rs. [………………..]
1.2. Proportions of the Contract Price payable for different stages [Construction Milestones] of
Construction of the Project shall be as specified below:
Payment % of
S. No. Deliverable work
total
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Payment % of
S. No. Deliverable work
total
TOTAL 18 100.00%
18
Amended as per Corrigendum No 4 dated 25.05.2018
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SCHEDULE-I
DRAWINGS
1. Drawings
In compliance of the obligations set forth in Clause 10.2 of this Agreement; the Contractor
shall furnish to the Authority’s Engineer; free of cost; all Drawings listed in Schedule I.
The designs and drawings provided by the Authority to the Bidder are preliminary in nature.
The Selected Bidder/Contractor accepts that it is solely responsible for the verification of any
design, data, design, documents or information provided by the IRSDC, its consultants or
any Government Authority and that it shall accept and act thereon at its own cost and risk.
The Selected Bidder/Contractor shall be solely responsible for the contents of its Bid,
adequacy and correctness of the Design and Drawing, data and detailed engineering
prepared or procured by the Contractor for implementing the Project.
2. Additional drawings
If the Authority’s Engineer determines that for discharging its duties and functions under this
Agreement; it requires any drawings other than those listed in Schedule I; it may by notice
require the Contractor to prepare and furnish such drawings forthwith. Upon receiving a
requisition to this effect; the Contractor shall promptly prepare and furnish such drawings to
the Authority Engineer; as if such drawings formed part of Annex-I of this Schedule-I.
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SCHEDULE-J
During Construction Period; the Contractor shall comply with the requirements set forth in
this Schedule-J for each of the Project Milestones and the Scheduled Project Completion
Date (the “Project Completion Schedule”). Within 15 (fifteen) days of the date of each
Project Milestone; the Contractor shall notify the Authority of such compliance along with
necessary particulars thereof.
Penalty [As % of
10% of Contract
From D19= Mile Stone
S. No. Deliverable work Price Cap for
Effective Date date
Damages set out
in this column]
Preparation of Design Basis
1 Report for civil and MEPF D+ 60 2.00%
works
Preparation of Detailed
project schedule,
architectural planning,
2 general layout, site survey D+ 90 2.00%
report,
Safety/Health/Environment
and quality plans
Upon completion of basic
3 D+ 280 6.00%
footing/raft casting
Upon completion of
4 structural work up to plinth D+ 320 4.00%
level
Upon completion of
5 structural work to concourse D+ 380 8.00%
level
Upon completion of
6 D+ 380 10.00%
structural work complete
Upon completion of brick
7 D+ 400 5.00%
work and plastering
8 Upon structural glazing D+ 420 3.00%
Upon completion of Water
9 D+ 420 4.00%
Supply - internal
Upon completion of
10 D+ 460 4.00%
Electrical Work - internal
19
For meeting the milestones, detailed program shall be submitted in terms of 10.1.3 Penalty @10% of payment due for
a particular milestone shall be levied if it lags the agreed programme from Authority by more than 90 days.
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Penalty [As % of
10% of Contract
From D19= Mile Stone
S. No. Deliverable work Price Cap for
Effective Date date
Damages set out
in this column]
Upon completion of Fire
11 D+ 470 1.50%
Fighting
Upon completion of
12 D+ 480 1.75%
HVAC-low side
Upon completion of flooring
13 D+ 490 8.00%
installation
Upon completion of roofing
14 D+ 500 6.00%
on platforms
Upon completion of
15 finishing, Door and window D+ 550 5.00%
work
Upon completion of
16 D+ 570 2.00%
Sanitary Installations
Upon completion of Water
17 D+ 620 2.00%
Supply -external
Upon completion of
18 D+ 620 4.00%
Electrical Work -external
Upon completion of
19 D+ 650 1.75%
HVAC-high side
Upon completion of
20 D+ 680 5.00%
Sewage and drainage work
Upon completion of External
21 D+ 700 2.00%
development work
Upon completion of
22 installations of Escalators D+ 710 6.00%
and Lifts
Upon completion of
23 Building management D+ 720 2.00%
system/ SCADA
After final completion of
work, submission of
maintenance manuals,
24 completion drawings, D+ 730 5.00%
completing all training, site
clearance and handover of
all systems
TOTAL 20 100.00%
20
Amended as per Corrigendum No 5 dated 07.06.2018
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SCHEDULE-K
TESTS ON COMPLETION
1.1. The Contractor shall; no later than 30 (thirty) days prior to the likely completion of
Construction of Project; notify the Authority Engineer and the Authority of its intent to subject
the Project to Tests; and no later than 7 (seven) days prior to the actual date of Tests; furnish
to the Authority Engineer and the Authority detailed inventory and particulars of all works
and equipment forming part of Project.
1.2. The Contractor shall notify the Authority’s Engineer of its readiness to subject the Project to
Tests at any time after 10 (ten) days from the date of such notice; and upon receipt of such
notice; the Authority’s Engineer shall; in consultation with the Contractor; determine the date
and time for each Test and notify the same to the Authority who may designate its
representative to witness the Tests. The Authority’s Engineer shall thereupon conduct the
Tests itself or cause any of the Tests to be conducted in accordance with Article 12 and this
Schedule-K.
2. Tests
2.1. Visual and physical Test: The Authority’s Engineer shall conduct a visual and physical check
of construction to determine that all works and equipment forming part thereof conform to
the provisions of this Agreement.
2.2. Environmental audit: The Authority’s Engineer shall carry out a check to determine
conformity of the Project with the environmental requirements set forth in Applicable Laws
and Applicable Permits.
2.3. Safety Audit: The Authority’s Engineer shall carry out; or cause to be carried out; a safety
audit to determine conformity of the Project with the safety requirements and Good Industry
Practice.
All Tests set forth in this Schedule-K shall be conducted by the Authority’s Engineer or such
other agency or person as it may specify in consultation with the Authority.
4. Completion Certificate
Upon successful completion of Tests; the Authority’s Engineer shall issue the Completion
Certificate in accordance with the provisions of Article 12.
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SCHEDULE-L
PROVISIONAL CERTIFICATE
2. Works that are incomplete on account of Time Extension have been specified in the Punch
List appended hereto; and the Contractor has agreed and accepted that it shall complete all
such works in the time and manner set forth in the Agreement. In addition; certain minor
works are incomplete and these are not likely to cause material inconvenience to the Users
of the Project or affect their safety. The Contractor has agreed and accepted that as a
condition of this Provisional Certificate; it shall complete such minor works within 30 (thirty)
days hereof. These minor works have also been specified in the aforesaid Punch List.
3. In view of the foregoing; I am satisfied that the Project can be safely and reliably placed in
service of the Users thereof; and in terms of the Agreement; the Project is hereby
provisionally declared fit for entry into operation on this the ………… day of ……….. 20…...
(Signature) (Signature)
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COMPLETION CERTIFICATE
2. It is certified that; in terms of the aforesaid Agreement; all works forming part of Project have
been completed; and the Project is hereby declared fit for entry into operation on this the
……… day of ………20…..
(Signature)
(Name)
(Designation)
(Address)
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SCHEDULE-M
Not Used
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SCHEDULE-N
1.1. The provisions of the Model Request for Proposal for Selection of Technical Consultants;
issued by the Ministry of Finance in May 2009; or any substitute thereof shall apply for
selection of an experienced firm to discharge the functions and duties of an Authority’s
Engineer.
1.2. In the event of termination of the Technical Consultants appointed in accordance with the
provisions of Paragraph 1.1; the Authority shall appoint another firm of Technical Consultants
forthwith and may engage a government-owned entity in accordance with the provisions of
Paragraph 3 of this Schedule-N.
2. Terms of Reference
The Terms of Reference for the Authority’s Engineer (the “TOR”) shall substantially conform
with Annex 1 to this Schedule-N.
Notwithstanding anything to the contrary contained in this Schedule; the Authority may in its
discretion appoint a government-owned entity as the Authority’s Engineer; provided that
such entity shall be a body corporate having as one of its primary functions the provision of
consulting; advisory and supervisory services for engineering projects; provided further that
a government-owned entity which is owned or controlled by the Authority shall not be eligible
for appointment as Authority’s Engineer.
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Annex – I
(Schedule-N)
TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
1. Scope
1.1. These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated ........... (the “Agreement); which has been entered
into between the [name and address of the Authority] (the “Authority”) and .......... (the
“Contractor”) for the ………………………; and a copy of which is annexed hereto and marked
as Annex-A to form part of this TOR.
1.2. The TOR shall apply to construction and maintenance of the Project.
2.1. The words and expressions beginning with or in capital letters and not defined herein but
defined in the Agreement shall have; unless repugnant to the context; the meaning
respectively assigned to them in the Agreement.
2.2. References to Articles; Clauses and Schedules in this TOR shall; except where the context
otherwise requires; be deemed to be references to the Articles; Clauses and Schedules of
the Agreement; and references to Paragraphs shall be deemed to be references to
Paragraphs of this TOR.
2.3. The rules of interpretation stated in Clauses 1.2; 1.3 and 1.4 of the Agreement shall apply;
mutatis mutandis; to this TOR.
3. General
3.1. The Authority’s Engineer shall discharge its duties in a fair; impartial and efficient manner;
consistent with the highest standards of professional integrity and Good Industry Practice.
3.2. The Authority’s Engineer shall perform the duties and exercise the authority in accordance
with the provisions of this Agreement; but subject to obtaining prior written approval of the
Authority before determining:
(d) any other matter which is not specified in (a); (b) or (c) above and which creates an
obligation or liability on either Party for a sum exceeding Rs. [.] (Rs. [.]).
3.3. The Authority’s Engineer shall submit regular periodic reports; at least once every month; to
the Authority in respect of its duties and functions under this Agreement. Such reports shall
be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every
month.
3.4. The Authority’s Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided; however; that
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it shall not delegate the authority to refer any matter for the Authority’s prior approval in
accordance with the provisions of Clause 18.2.
3.5. The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of
Scope under Article 13.
3.6. In the event of any disagreement between the Parties regarding the meaning; scope and
nature of Good Industry Practice; as set forth in any provision of the Agreement; the
Authority’s Engineer shall specify such meaning; scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
4. Construction Period
4.1. During the Construction Period; the Authority’s Engineer shall review the Drawings furnished
by the Contractor along with supporting data; including the geo-technical and hydrological
investigations; characteristics of materials from borrow areas and quarry sites; topographical
surveys; and the recommendations of the Safety Consultant in accordance with the
provisions of Clause 10.1.6. The Authority’s Engineer shall complete such review and send
its observations to the Authority and the Contractor within 15 (fifteen) days of receipt of such
Drawings;. In particular; such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
4.2. The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and
furnish its comments within 10 (ten) days of receiving such Drawings.
4.3. The Authority’s Engineer shall review the Quality Assurance Plan submitted by the
Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-
one) days stating the modifications; if any; required thereto.
4.4. The Authority’s Engineer shall complete the review of the methodology proposed to be
adopted by the Contractor for executing the Works; and convey its comments to the
Contractor within a period of 10 (ten) days from the date of receipt of the proposed
methodology from the Contractor.
4.5. The Authority’s Engineer shall grant written approval to the Contractor; where necessary; for
interruption and diversion of the flow of traffic in the existing lane(s) of the Project for
purposes of maintenance during the Construction Period in accordance with the provisions
of Clause 10.4.
4.6. The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the Contractor within 7
(seven) days of receipt of such report.
4.7. The Authority’s Engineer shall inspect the Construction Works and the Project and shall
submit a monthly Inspection Report bringing out the results of inspections and the remedial
action taken by the Contractor in respect of Defects or deficiencies. In particular; the
Authority’s Engineer shall include in its Inspection Report; the compliance of the
recommendations made by the Safety Consultant.
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4.8. The Authority’s Engineer shall conduct the pre-construction review of manufacturer's test
reports and standard samples of manufactured Materials; and such other Materials as the
Authority’s Engineer may require.
4.9. For determining that the Works conform to Specifications and Standards; the Authority’s
Engineer shall require the Contractor to carry out; or cause to be carried out; tests at such
time and frequency and in such manner as specified in the Agreement and in accordance
with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9; the
tests specified in the MOSSR Manuals or any modification/substitution thereof shall be
deemed to be tests conforming to Good Industry Practice for quality assurance.
4.10. The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or
number of tests prescribed for each category or type of test for quality control by the
Contractor.
4.11. The timing of tests referred to in Paragraph 4.9; and the criteria for acceptance/ rejection of
their results shall be determined by the Authority’s Engineer in accordance with the Quality
Control Manuals. The tests shall be undertaken on a random sample basis and shall be in
addition to; and independent of; the tests that may be carried out by the Contractor for its
own quality assurance in accordance with Good Industry Practice.
4.12. In the event that results of any tests conducted under Clause 11.10 establish any Defects or
deficiencies in the Works; the Authority’s Engineer shall require the Contractor to carry out
remedial measures.
4.13. The Authority’s Engineer may instruct the Contractor to execute any work which is urgently
required for the safety of the Project; whether because of an accident; unforeseeable event
or otherwise; provided that in case of any work required on account of a Force Majeure
Event; the provisions of Clause 21.6 shall apply.
4.14. In the event that the Contractor fails to achieve any of the Project Milestones; the Authority’s
Engineer shall undertake a review of the progress of construction and identify potential
delays; if any. If the Authority’s Engineer shall determine that completion of the Project is not
feasible within the time specified in the Agreement; it shall require the Contractor to indicate
within 15 (fifteen) days the steps proposed to be taken to expedite progress; and the period
within which the Project Completion Date shall be achieved. Upon receipt of a report from
the Contractor; the Authority’s Engineer shall review the same and send its comments to the
Authority and the Contractor forthwith.
4.15. The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality
control records and documents before the Completion Certificate is issued pursuant to
Clause 12.4.
4.16. Authority’s Engineer may recommend to the Authority suspension of the whole or part of the
Works if the work threatens the safety of the Users. After the Contractor has carried out
remedial measure; the Authority’s Engineer shall inspect such remedial measures forthwith
and make a report to the Authority recommending whether or not the suspension hereunder
may be revoked.
4.17. In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and Users; and requires the Authority’s Engineer to inspect such works;
the Authority’s Engineer shall inspect the suspended works within 3 (three) days of receiving
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such notice; and make a report to the Authority forthwith; recommending whether or not such
suspension may be revoked by the Authority.
4.18. The Authority’s Engineer shall carry out; or cause to be carried out; all the Tests specified in
Schedule-K and issue a Completion Certificate or Provisional Certificate; as the case may
be. For carrying out its functions under this Paragraph 4.18 and all matters incidental thereto;
the Authority’s Engineer shall act under and in accordance with the provisions of Article 12
and Schedule-K.
5.1. The Authority’s Engineer shall determine the costs; and/or their reasonableness; that are
required to be determined by it under the Agreement.
5.2. The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.
5.3. The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5.
6. Payments
6.1. The Authority’s Engineer shall withhold payments for the affected works for which the
Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer in
accordance with the provisions of Clause 10.2.4 (d).
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4; determine the amount due to the Contractor and
recommend the release of 90 (ninety) percent of the amount so determined as part
payment; pending issue of the Interim Payment Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in
Clause 19.4; deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor; after adjustments
in accordance with the provisions of clause 19.10.
The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.
8. Miscellaneous
8.1. A copy of all communications; comments; instructions; Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR; and a copy of all the test results
with comments of the Authority’s Engineer thereon; shall be furnished by the Authority’s
Engineer to the Authority forthwith.
8.2. The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents
received by it; including ‘as-built’ Drawings; and keep them in its safe custody.
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8.3. Within 90 (ninety) days of the Project Completion Date; the Authority’s Engineer shall obtain
a complete set of as-built Drawings; in 2 (two) hard copies and in micro film form or in such
other medium as may be acceptable to the Authority; reflecting the Project as actually
designed; engineered and constructed; including an as-built survey illustrating the layout of
the Project and setback lines; if any; of the buildings and structures forming part of Project
Facilities; and shall hand them over to the Authority against receipt thereof.
8.4. The Authority’s Engineer; if called upon by the Authority or the Contractor or both; shall
mediate and assist the Parties in arriving at an amicable settlement of any Dispute between
the Parties.
8.5. The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
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SCHEDULE-O
a) the estimated amount for the Works executed in accordance with Clause 19.3.1
subsequent to the last claim;
b) amounts reflecting adjustments in price for the aforesaid claim;
c) the estimated amount of each Change of Scope Order executed subsequent to the last
claim;
d) amounts reflecting adjustment in price; if any; for (c) above in accordance with the
provisions of Clause 13.2.3 (a);
e) total of (a); (b); (c) and (d) above;
f) Deductions:
(i) Any amount to be deducted in accordance with the provisions of the Agreement
except taxes;
(ii) Any amount towards deduction of taxes; and
(iii) Total of (i) and (ii) above.
g) Net claim: (e) – (f) (iii);
h) The amounts received by the Contractor upto the last claim:
(i) For the Works executed (excluding Change of Scope orders);
(ii) For Change of Scope Orders; and
(iii) Taxes deducted
Note: The Contractor shall submit its claims in a form acceptable to the Authority.
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SCHEDULE-P
INSURANCE
The Contractor shall effect and maintain insurance cover for the Works from the date of
issue of the Completion Certificate until the end of the Defects Liability Period for any
loss or damage for which the Contractor is liable and which arises from a cause occurring
prior to the issue of the Completion Certificate. The Contractor shall also maintain other
insurances for maximum sums as may be required under Applicable Laws and in
accordance with Good Industry Practice.
3. Insurance against injury to persons and damage to property
3.1. The Contractor shall insure against its liability for any loss, damage, death or bodily
injury, or damage to any property (except things insured under Paragraphs 1 and 2
of this Schedule) or to any person, which may arise out of the Contractor's
performance of this Agreement.
3.2. The insurance shall be extended to cover liability for all loss and damage to the
Authority's property arising out of the Contractor’s performance of this Agreement
excluding:
(a) the Authority's right to have the construction works executed on, over, under, in
or through any land, and to occupy this land for the Works; and
(b) damage which is an unavoidable result of the Contractor's obligations to execute
the Works.
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